HomeMy WebLinkAbout1975-04-15; City Council; 3348; Exhibit- Amendment of CMC Environmental Protection Ordinance of 1972i le
Vol. 1 No. 2$ December -0, 1974
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Ronald Reagan
Governor
State of California
Norman B. Livermore, Jr.
Secretary for Resources
The Resources Agency
I
TABLE OF CONTENTS
PROPOSED AMENDMENTS TO GUIDELINES FOR IMPLEMENTATION
OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
NOTICES OF COMPLETION
NOTICES OF DETERMINATION
ORDER FORM
Page
1
30
43
Last Page
Due to computer problems, the print-out from the State
Clearinghouse was not available for inclusion in this issue.
NORMAN B. LIVERMORE, JR.
SECRETARY
D.,w1 Mr of C....110 M
O.Nrrn.n, of Fl.h .nd Goble
O.Dar•in.nr of We iq.UM .nd
OaM 0eo on,
Oq.awtenr 1 P : el arA..nd R.ewulen
DgvrTOM of We., Re.owcn
RONALD REAGAN
GOVERNOR OF
CALIFORNIA
THE RESOURCES AGENCY OF CALIFORNIA
SACRAMENTO, CALIFORNIA
December 26, 1974
TO WHOM IT MAY CONCERN:
Off ICE OF THE SECRETARY
ieSOURCES BUILDING
1116 NINTH STREET
95114
A., R..e� , Road
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•gwnel to, 0"fil, Convol Beerd.
Attached for your information is a copy of the adopted Amendments
to the State Guidelines dealing with environmental impact reports.
The Amendments were adopted as emergency regulations and will go
into effect on January 7, 1975. The attached copy contains only
the sections that are being added, amended, or repealed.
The most significant amendment requires draft environmental impact
reports completed on and after January 7, 1975, to contain a dis-
cussion of energy conservation in the mitigation measures proposed
for the project. Draft EIR's which are completed and sent out for
public review on/or before January 6, 1975, will not need to contain
this discussion. Examples of energy conservation measures are con-
tained in new Appendix F.
Due to the work which cities must perform during the next two months
in preparing environmental impact reports on applications for grants
under the Federal Housing and Community Development Act, the
Secretary for Resources has decided to allow all public agencies 90
days to bring their implementing procedures into conformity with the
amended Guidelines. The implementing procedures must be brought into
conformity with the Guidelines by April 1, 1975, but the energy con-
servation requirements must be complied with as of January 7, 1975.
The Amendments also contain many technical changes. Some of the
changes which were proposed earlier have been altered as a result of
comments received at the hearings.
Additional copies of the Amendments to the Guidelines will be avail-
able from the Department of General Services, Documents Section,
P.O. Box 20191, Sacramento, California 95820, by the middle of February.
Respectfully,
/ Secretary for Resources
Attachment
;02
PROPOSED AMENDMENTS TO GUIDELINES FOR IMPLEMENTATION
OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
1. Section 15001 is added to read:
15001. Short Title. These Guidelines may be cited as
s 1e" "StateEIR Guidelines."
2. Section 15005 is amended to read:
15005. purpose. The purpose of these Guidelines is to
pro de public agencies with principles, objectives,
i criteria, and definitions of statewide application
�j to be used in the implementation of the California
Environmental Quality Act of 1970, Public Resources
Code Sections 21000 et �ssegg.� 21174 ae amended by
Ghaptei+ la54 e€ the e€ 1972 4A$-9994,
fkjblic ageeeiee shall adept-ebdeetivesT eFlteria,
anel preeedaree €er the epdeply evalttatleR e€
predeets and the ppeparatjen e€ environmental
deeRmentav Sueh ppeeedareeT ebdeetiveey and
epitewAa ehala he eeeeAstext-with GEQA and these
guidealeeev These Guidelines are binding on all
public agencies.
3. Section 15014 is amended to read:
15014. Applicability -(a) These Guidelines have only general
ap�pl�cation to the diversity of projects undertaken
\ or approved by pub'.ic agencies. They provide
V ic
principles, objectives, criteria and definitions
which individual public agencies shall adapt for
internal use, interpreting these Guidelines in
terms of specific projects. Te implement these
ppinelples, ehdee4ivesy eplteplaT and 40CIA1419ReT
pata#e agenelee shall epeei€y PFeeeduPee to to
€ellewed which maet he eeeeietent with GEQA and these
GRIdealnee,
(b) Until April. 1, lo' Feb,
a5T �974T the any
objectives, criteria, and procedures adopted by
public agencies in compliance with CEQA and these -,
Guidelines may continue to govern the evaluation
of projects and the preparation of environmental
documents impaet rePOFte without being brought into confonnity{.
w Ze amendments to these Guidelines adopted by
the Secretary for Resources in December,1974. However
the amendment to Section 15143 c dealin with mi'"�on
measures must�e com lie w effective ve Januar .s.
re ar esa-oiwhether i s rovisions ave een ncludea
e roce uresbein usrea a pu 1lc a enc ��5
��-a����r'oaad�res
e- sere - $".de3nifte-e- 4De fQx—
4. Section 15022 is amended :iyto read:
�5022. CEQAT- California Environmental Qualit Act•means
CE
Cali v C_�fornia Public Re ourcesaCode Sectionss221000
et seq. tk3?etigh' 2--74?
5. Section 15027 is amended to read:
15027. EIR - Environmental Im act Re ort. Environmental
Impact Repor��'2�j means a e a led statement
setting forth the environmental effects and con-
siderations pertaining to a project as specified in
Section 21100 of the California Environmental
Quality Act,. and ma,X mean either a draft or a
final EIR.
(a) Draft EIR means an EIR containing the infor-
mation specified in Sections 15141, 15142, and
15143 of these Guidelines. Where a Lead Agency
consults with Responsible A e_ g_ cies ^ine
preparation of a draft EIRj the draTE EIR
shall also contain the information specified
n Sect on 15� -
(b) Final EIR means an EIR containing the infor-
mation contained in the draft E�I_R_z epeelfled
# 8ee eye �7 a +2 �4dT at�d -15-144
e€ 4hese GuAdellAesT a s�rkioza s" comments
either verbatim or in summary received in the
rev ew ee �e process, a list of ersons
commenting,_ and the response of�Fi� lea Agency to
the comments received. The final EIR is discussed in
.detail in Section 15146.
6. Section 15028 is amended to read:
15028. EIS - Environmental Im act Statement. Environmental
\`NPact S�a�emen EIS means a-7ronmental impact
V document *,epeFt prepared pursuant to the National
Env ronmental Policy Act (NEPA). The Federal
Government uses the term EIS in the place of the
term EIR which is used in CEQA.
7. Section 15029.6 is added to read:
15029.6 Jurisdiction by Lnw.
.(a). Jurisdiction by law means the authority of any
public agency to grant a permit for or provide
funding for the project in question, or 2 to exer-
cise authority over resources which may a affected
by the project.
(b) A city or county will have jurisdiction by :caw with
n e c y or coup s e
site of the projec•- he area n
/_� LL.. .. n i•
e those
Where an agency having jurisdiction by law must
exercise discretionary authority over a project
in order for the project to proceed, it is also a
responsible agency, see Section 15039, or the bead
Agency, see Section 15030.
8. Section 15034 is amended to read:
15034. Notice of Completion. Notice of Completion means,
` a 5r�ef no ce �epe� filed with the Secretary for
Resources ae seen as a lead agency as soon as it
has completed a draft EIR and 1s pre paredno send
out copies for review. The contents of this notice
are explained in Section 15085 (a). A copy of this
notice appears in Appendix C.-
9. Section 15035 is amended to read:
15035. Notice of Determination. Notice of Determination
means a' Sr e no •ice to be filed by a public agency
after when it approves or determines to carry out
a project which is subject to the requirements of
CEQA. The contents of this notice Pepept are ex laired
in Sections 1 083 d and 1 0 . Beet&ea 15985{g3,
A coof this notice appears n Appendix D. --- -
9.5 Section 15035.5 is amended to read:
15035.5• Notice of Exemption. Notice of exemption means a
'brief notice w c may be filed by a public
agency when it has approved or determined to carry
out a project, and it has determined that it is
ministerial, categorically exempt or an emergency
project. Such a notice may also be filed by an appli-
cant where such a determination has been made by
a public agency, which must approve the project.
The contents of this notice are explained in Sec.
15074(a) and (b). A co of this notice appears
in Appendix E.
10. Section 15037 is amended to read:
15037. Pro ect.
(a) Project means the whole of an action, which has
a no. i r Fee�tlt#ng in physical mpac on
the env roken •, directly or ultimately, that is
any of the following: undertaken by any
(1) an activity directlyund
public agency including but not limited to
public works constructlonra and
related
g of and,
activities, clearing or g ublic structures,
improvements to existing p
enactment and amendment of zoning ordinances,
and the adoption and amen_e6e___dment of local
neral Plans or eGovernment Codentsereof Pursuant
to
)05
1
(2) an activity undertaken by a person which
is supported in whole or in part through
public agency contracts, grants, subsidies,
loans, or other forms of assistance from
one or more public agencies.
(3) an activity involving the issuance to a
person of a lease, permit, license, certl,-
ficate, or other entitlement for use by
one or more public agencies.
i
)us
(b) Project does not include:
(1) Anything specifically exempted by state
law.
(2) i>r)posals for legislation to be enacted
by the State Legislature other than
requests py state agenciesfr auM_riza-
y
TU-n oorfu_ndnfosindependentl
rom TEN Act.
(3) Continuing admJ=s rative or maintenance
activities, such as purchases for supplies,
personnel -related actions, emergency repairs
to public service facilities, general
policy and procedure making (except as they
are a plied to specific instances covered
above, feasibility or planning studies.
(4) The submittal of proposals to a vote of
the people of the State or of a particular
community.
(c) The term "project" refers to the underlying
activity and not to the governmental approval
process.
11. Section 15050 is amended to read:
15050. Public Agency Implementation. (a) Each public agency is
�jq�b a ageRe ee are responsible-3`or com Ying theme
CEQA and aeeerd#ag to these Guidelines. Each uric
a��e�nIn- must develop its tie#� own procedures consis-
eff with these Guideline's.
€er-the-a�egtzaey-sad-s��ee�#v#�y-a€-�1�e-£ART
(b) Where a public agency is a Lead Agency and
Q1. . eon rae s lor triEpreparation
re
sible entirely or the adequacy ana oo1e2ziv_Lu
(c) Public agencies shall adopt objectives, criteria,
-'— an sec . c roce ures cons Mn on
and these Guidelines for the orderly eva ua �_
of protects and the preparation of environmental
documents. These implementing procedures shoula
contain at least the ollowing prov s ons:
)0 7
Procedures for identifyingidentirying the activities
a are exemp _ fro-F-MCD77 These proce ures
should can •a n•
Provisions for evaluating a proposed
act v o determine if there is no
ossi sty that the activit ma have
asi rican a ec on : e env ronment.
iL31 !� list of pro jects over which the ublic
agency -hap oni. m n s eriai au hority.
iLA list _of specific activities which the
u c agency has oun o e ca a or call
exe p't purer o Sec on 1
(21 for the conduct of initial
s ud es.
(3) Provisions for the preparation of Negative
Lieciarationso
(41 Provisions for the preparation of LIR's_
Provisions for consulting with and
obtainingcomments .rom o er pu is
th
reeardes and to themenvironmentar e heccswor
projects.
.(6) Provisions assuringadequate -Opportunity
Mrila
common anci ve
an a ra
ar ega
Declaration.
Provisions for evaluatin and res ondin
o comments I ve on env ronmen al
ocur.men S.
Provisions for the review and consideration
or environmeh-tai aocuments STER
or c s on-m c ng o y who will appro,re
or
_�Npro e o ec .
( g) Provisions for filing documents required
o au V To-r I ze y . a these u e nes•
(10) Provisions to ensure that lead agencies
o n qu common s on environmental
ocur n s w c ey su m o e pu c
11 The assi nment of res onsibilit for s ecific
unc ons to specs is units of the public
agency.
12. Section 15052 is amended to read: Ageaey* The Gu1de-
i5052, The Secretary for e€ �Yie Resources. the Secretary
lines shall be oi`ficiallyadopied lying a finding
for of the Resourcesj_ Agea
fiat each class of projects given a Categorical
Exemption will not have a significant effect on the
environment. The Secretary He also has the responsi-
bility for aonsO i a ng a 1 state comments on federally
sponsored projects. The secretary for of eResources
Ageaey. may issue amendments sups
lem
Guidelines_7 eeeta a ag a�+eadmeiite and/er add"Ienal
13. Section 15053 is amended to read:
15053. Fees.
(a) All Lead A encies lead-agene#es preparing
EIR's or N-e-g-a-tIve Declarations for projects
to be carried out by any person other than the
Lead A ene. lead ageney itself may charge and
collec a reasonable fee from such person or
entity, in order to recover the estimated
costs incurred in preparing the EIR or Nega-
tive Declaration.
(b) Public agencies may charge and collect a
reasonable fee from members of the public am
e Le ua eest e€ poplaedxejklig a c.,opY
of environmental document not to exceed the ace
cost of re roducin a co requ"e�ed yy
rne�e�-e£ ke pKb #ems
14. Section 15060 is amended to read:
15060. General Rule. The requirements set forth in these
Guidelines aapply to projects which may have a signi-
ficant effect on the environment and which involve
discretionary governmental action. Where i.t can be
seen with certainty that there is no Dossibilit
that the activity in ues on ma a ae av Y
q�Aee% ea w ae Piave a s gn cant effect on the
environment, the activity is not covered by the
requirements set forth in CEQA, and these Guidelines
concerning the evaluation of projects and the prepara-
tion and review of environmental documents ImPaet
reports do not apply.
15. Section 15061 (a) is amended to read:
(a) When a public agency plans to carry out or
approve a project which may have a significant
effect on the environment, the Lead Agency
-lead ageaey shall prepare environmental--
documents through its own efforts or by
contract unless the project is otherwise
exempted by these Guidelines.
i 109
16. Section 15061 (b) is amended to read:
(b) Where a project which may have a significant
effect on the environment is to be carried out
by a non -governmental person subject to approval,
financial support, or some other involvement
by a public agency, the Lead A enc lead age�ey
will prepare environmentaldocumen s by Its
own efforts or by contract. However, the Lead Agency
ageney may require the person to supply da a an
information, both to determine whether the
project may have a significant effect on the
environment, and to assist in the preparation
of an EIR by the agency. This information
may be submitted in the form of a draft EIR,
if the agency desires. If information is
provided in the form of a draft EIR, the Lead
Ageennc-lead ageaey may not use the draft -
as 3�s own without independent evaluation and
analysis. The draft EIR which is sPnt out
for public review must reflect the independent
judgment of the Lead Agency -lead agency. The
Lead Agency lead ageftey -should require an
app icant to specify to the best of his
know
led onwhich other pe�hptp-
wris
dio� Law a��paaR#e�ver the t•
17. Section 5063 is amended to read:
15o63. Federal Pro ects.
(a) In regard to any proposed federal project in
this state which may have a significant effect
on the environment and on which the state
officially comments, the state officials
responsible for such comments shall include
in their comments a discussion of an £-lR
ee#44mg £epth the ma ers speciiTied in Section
15143 of these Guidelines.
(b) In cases where these Guidelines requirelthe ageaey and an
preparation of an EIR by a Agency _�.
EIS has been or will be prepared for the same
project pursuant to the requirements of the
National Environmental Policy Act of 1969 and
implementing regulations thereto, all oriany
lieu
part of such statement may be
of all or any part of an EIR required by these
Guidelines, provided that the EJs'hothehe parrements
thereof so used, shall comply with
of these Guidelines. In meet cases where the
federal EIS is used, discussion of mitigation
measures and growth inducing impact will have to
be added or supplemented if the EIS does not include
an ade uate discussion of tl;ese eleR nts.:geeatiee
Wiese a emen a are rega e s a ne't by
the Na%#eaal a�# ea ea al Vel#ey Aekv
18. Section 15065 (d) is amended to read:
(d) Where the provisions of subsections (a), (b),
and (c) leave two or more public agencies with
an equal claim to be the Lead LSency lead agemeY,
the public agencies may by agreement designate
which agency will be the Lead A enc lead ageMY.
18.5. Section 15066 is amended to read:
15066. consultation with RespensAble fl eg nele6. When more
than one public agency will be involved in under-
taking or approving a project, the Lead Agency shall
consult with all responsible agencies (i.e., all
the other public agencie, involved in carrying out
or approving the project.) before completing a draft
EIR or Negative Declaration. This early consultation
is designed to insure that the EIR or Negative
Declaration will reflect the concerns of all
responsible agencies which will issue approvals
for the project. After completing the draft EIR
or Negative Declaration, the Lead Agency shall
also consult with and seek to obtain comments from other
public agencies having jurisdiction by law and should,
consult with persons having special expertise as des-
cribed in Sections 15083 and 15085.
19. Section 15o68 is amended to read:
15068. Use of a Single _e E
EIR. The Lead A.enc -lead agensY
may employ singlIR to escr a more than one
project, if such projects are essentially the same
in terms of environmental impact. Further, the Lead
Agency lead ageaey may use an earlier EIR prepared
in connection with an earlier project to apply to
a later project, if the circumstances of the projects
are essentially the same. Lead Agencies may elect
to write EIR's in advance for entire programs or
regulations, in order to be prepared for project
applications to come. Whenever an agency chooses
to utilize any of these alternatives, however, it
must find that the environmental effects of the
projects are similar enough to warrant the same
treatment in an EIR and that the EIR will adequately
cover the impacts of any single project. If these
tests -,re not met, an agency should supplement amend
the EIR it prepares for a program to apply it to
an individual project. with unusual ekapaetepistiee,
Al
19.5. Section 15070 (c) is amended to read:
(c) Any draft EIR which has been completed and sent out for
ublic review eern��e eei-a�-sue-wl I..... e��ata�t ai-wark-his-
eea-�e� e�ate� on or before 3anuar Ez 1_975 Fe��aa '�''}57
a9g4.y in compliance with procedures or a -public agency con-
csistent with CEBA and these Guidelines as adopted in
December 1 eR_FebPtiaFy-3r-}973T shall be deemed -To be
n comp ance with these Guidelines. No further EIR shall
be required except as provided in Subsectbns (a) and (b).
20. Section 15073 is amended to read:
15073. Ministerial Projects. Ministerial projects are
exempt rrom a requirements of CEQA, and no environ-
mental documents are EIR Is required. The de ear
m na on of what s "ministerial" can most appro-
priately be made by the particular public agency
involved based upon its analysis of its own laws, and
#t is a1qt-Js-Jpa4Qd tkgat each public agency should will make
such determination either as a part of its pTe-
menting regulations or on a case -by -case basis. It
is further anticipated that the following actions
will, in most cases, be ministerial in nature.
(a) Issuance of building permits.
(b) Issuance of business licenses.
(c) Approval of final subdivision maps.
(d) Approval of individual utility service connec-
tions and dipconnections.
In the absence of any discretionary provision
contained in local ordinance, it shall be presumed
that these four actions are ministerial. Each
public agency may, in its implementing regulations
or ordinances, provide an identification or itemi-
zation of its projects and actions which are deemed
ministerial under the applicable laws and ordinances.
21.
a AA
Section 15080 is amended to read:
Initial study. If a the pr'oj
ect is not exem ted th
TH—ese Guidelines from the requirements oT-*CEQA,
Lead Agency �e8e6eete9ha�—
Ieta ea er a Gategerlea E e p iar� and there #s
a peselbl}ity that the prejeet may have -a eiga#€#east
effee4 ea the enVAv6afeat�o hetlead-agermine ifetheshould
conduct an initial study
oject
may have a significant effect omay h
ntheenvave environment.
If
any of the effects of a project
ial
adverse impact on the environment, regardless of
whether the overall effect of the project is adverse
or beneficial,
prepareden an environmental impact wherediscretionary governmental
mustbeprepaed
action is involved.
15080.
If the project is to be carried out by a nongovern-
mental person, the Lead Ag2ncZ lead ageaey may
require such person-f-06-t-lb-mit
data
an Information
which will enable the agency ta
deter-
mination.
22. Section 15083 (a) is amended to read:
a A Negative Declaration
15083. Negative Declaration. (a)
s alp a prep— ared`�'or a project which could potentially
have a significant effect on the environment, but
which the Lead Agency dead-ageaey finds on the basis of an
Initial Study not have a significant effect
on the environment. Before com letin.F, a Negative
Declaration, the Lead A enc shal con___sul�,w hall
responsible a6enciesupurs ant�o Section 150b�i.
22.5. Section 15083(d) is amended to read:
(d) After making a decision to carry out or approve the
project, the Lead Agency lead-ageaey shall file a
Notice of Determination with a copy of the Negative
Declaration attached. The Notice of Determination
shall include the decision of the agency to approve
or disapprove the project, the determination of the
agency whether the project will have a significant
effect on the environment, and a statement that no
EIR has been prepared pursuant to the provisions of
CEQA .
(1) If thethe Not oedoA Decerminationashall bestate
filedawithy,
the Secretary fqr Resources.
(2) If the Lead Agency dead-ageaey is a local agency;
the NotTc—eof Determination shall be filed with
the county clerk of the county or counties
in which the project will be located. If the
project requires discretionary_a rovals
from a state a ency, the No ice of De ermination
a so s a a e w a Secretary or
Resources.
23. Section 15085 is amended to read: i
i
15085. EIR Process. The following steps shall be followed
after the Lead Agency -lead-ageney decides to prepare
an EIR:
(a) Preparation of EIR.
If the project is to be carried out by a nongovern-
mental person, the Lead Agency lead -agency may
require such person to submit data and information
necessary to enable the Lead Agency lead-ageRey
to prepare the EIR. This Inrormation may be trans-
mitted in the form of a draft EIR. The draft EIR
which is sent out for public review must reflect the
independent judgment of the Lead Agency lead-ageaey.
Use of a draft EIR submitted by an applicant is
discussed in Section 15061 (b).
14
(b) Early Consultation.
The content of an EIR is described in Article 9
of these Guidelines. Each element of an EIR must
be covered, and these elements should be separated
into distinct selections. Before completing a
draft EIR consisting of the information specified
in Section 15141, 15142, and 15143 of these Guide-
lines, the Lead Allency shall consult with all
Responsible Agencies pursuant to Section 15066.
In addition, the Lead A92ncy at this op int should
also lead ageRey sheald consult directly with any
person or organization it believes will be concerned
with the environmental effects of the project.
Many public agencies have found that early consulta-
tion solves many potential problems that would
arise in more serious form later in the review
process. After eompleting-a draft SIRT the lead .
ageney-must eensalt with; and-ebtain the eemmenr-s
e€- any publie ageney whieh has 3axisdletien by
law with respeet be the pregeet and may eensalt
with any person wbe has speeiai-expertise with
respeet to any environmental impaet inveived-
eppertunity fer elmments frem tha general pubiie
should be provided-
(c) Notice of Completion.
As soon as the draft EIR is completed, a notice of
completion bat befere eepies are seat-eab fer review;
an
e` zeaal netiee stating that the dra€t HER -leas
been eempieted must be filed with the Secretary
for the Resources Agency. The nnottice shall include
osed
a brief description of the prof
location, and an address where copies cf the EIR
are available., and the period during which comments
will be received. Thia Retlee eh&ii be repe red �e
as a Natkee e€ eemplet*en- A form for this notice
is provided in the Appendices. The Notice of
Completion will provide the basis for information
published by the Secretary for Resources in an
EIR Monitor. Where the EIR will be reviewed
through the state review process handled by the
State Clearinghouse, the cover form required
the State Clearinghouse a Ptebiee e€ €RheRb will
He eempieted and filed with the State EieariRghease-
The Netiee of intent will serve as tine Notice of
Completion, and no Notice of Completion need be
sent to the Resources Agency. A €erm fer the
Netiee of intent is shewa in Appendix B-
15
(d) Public Review.
i
After com letin a draft EIR the Lead
Aaencv shall consult with an obtain
dlction by law with res eato e pro ec an
should consult with persons having_specl 1
expertise wit res ec o an environmental
impact involve 0 or un or comments from
the general OUD11c s ou a prov e .
(1) Public agencies should use existing state,
regional, or local c ear n Douses to
distribute EIR s and o er• env ronmental
documents to appronc es._
2 To make co es -of EIR's available to the
ub ±c Lead A encies should
furnish, comes of dra Res to a`ppro-
priate public library sys ems.
� ) Public agencies should compile _listings of
other a encies, particulars local a encies,
which have jurisdic ion law an or
s ecial ex ertise with rci;pec o various
ro ects an project locations. &.)UUEI L.LOOUings
should e a guide In de erm n n w e
a encies should e consu t a w regard to
a particular projec .
L4) Public hearing�s ma ybe �conducted on the
environmental documents, e ' er n separate
proceedings or n con incr,on w o her
proceedings o e pub agency.
(e).,4A4 Evaluatlon by Lead A enc
The Lead Agency lead ageney shall evaluate
comme-nns received from persons who reviewed
the draft EIR.
4e3 Preparation of Final EIR.
The Lead AgencyAgeacy lead ageney shall prepare a
fina=R. The contents of a final EIR
are specified in Section 15146 of these
Guidelines.
116
{€} Certification of Final EIR.
The final EIR shall
bodybofptheeLead A encnted to e.
decision -making eRey
least ageaey, The Lead A nac EIRhas
shall certify that 1e and the
completed in compliance with CEQA
state guidelines and that the decision -making
body or aauthorityfoverthe
aaving
project
final approvals
has
reviewed
in the cons Bred the information
contained
4g4 Notice of Determination.
After making a decision on the project, the
Lead A enc lead-ageaey shall file a notice
ems.- ae #ea tauten ens the pre feet : Thle net#te
$hall be referred to ee a Notice of Deter-
mination. Such notice shall include (1)
the decision of the agency (2)toh�pprove or
ination
disapprove the project,
of the agency whether the project will or
will not have a significant effect on the
environment, and (3) a statement that an
EIR has been prepared pursuant to the
provisions of CEQA.
(1) If the Lead A engylead
Notice aof Deter9efteY is -
state state agency,
mination shall be filed with the
Secretary for Resources.
(2) If the Lead Agency lead ageaey is a
local agency, the Notice of Deter-
mination shall be filed with the
county clerk of the county or of
counties in which the projecf would
be located. If the project requires
discretionary appro ro
o cesTaGe
a also be f led
wfth Me Seeretarw for Resource§,_
{h} Fi i ,g, of Final EIR.
If the Lead A enc lead ageaey is a state
agency, a copy Of the final EIR shall be
filed with the appropriate planning agency
of any city, county, or city and county
which will be affected by the project.
Use of Final EIR by Responsible Agencies.
ka
esponsible agency shall consider the
gency s final EIR befoxe act�ri 'u on or
in the ro ec ursuant o Section
17
23.5 Section.15086 is amended to read:
15086. EIR Combined with Existing Planning and Review
Process. pe the extent gesslble7 the The EIR
process should be combined with the existing
planning, review, and project approval process
being used by each _ublic agency jpeepeRe4.ble-agemey. The
Lead Agency lead ageney shall include the EIR as a
part of the regular project report which where seeh a
repent is used in the existing review and budgetary
process.
23.6 Section 15087 is amended to read:
15087. Additional Notices. In their implementing procedures,
public agencies may provide for the filing of notices
in addition to the notices required or authorized
by these Guidelines. Additional netleea May tnelede
the-determinaelen-that a pre�eet is eategerleally
exempt,- that a prejeet is eeaered-by the emergeney
exeMptlen; er that an eetivlty-is net eevered by the
aet at all.- 6eeh netiee sheald-lnelade referenee
to the deeumentatlen en whleh the determinatten is
based-
24. Section 15100 is amended to read:
15100. Cate orical Exem tions. Section 21084 of the Public
esources o e requ=res these Guidelines to include
a list of classes of projects which have been determined
not to have a significant effect on the environment
and which shall, therefore, be exempt from the provi-
sions of the Environmental quality Act of 1970.
In response to that mandate, the Secretary for
Resources has found that the following classes of
projects listed in this article do not have a signifi-
cant effect on the environmentland they are declared
to be categorically exempt from the requirement for
the preparation of environmental documents an EAR:
25. Section 1500.1 is added to read:
15100.1. Relation to Ministerial Proiecps. Section 21080 of
the Public Resources Code exempts from the appli-
cation of CEQA those projects over which public
agencies exercise only ministerial authority. Since
ministerial projects are exempt under Section 15073
of these Guidelines, Categorical Exemptions should be
applied only where a project is not ministerial
under a public agency's statutes and ordinances.
The inclusion of activities which may be ministerial
within the classes and examples contained in this article
shall not be construed as a finding by the Secretary
for Resources that such an activity is discretionary.
26. Section 15100.2 is added to read:
15100.2.Exceons•
an on_ Class 3, w, 5, 6, and 11 are qualified
by
by consideration of where the project is to be
located --a project that is ordinarily insigni-
ficant in its impact on the environment may in a
particularly sensitive environment be significant.
Therefore, these classes are considered to apply
in all instances, except where the project may
impact on an environmental resource of hazardous
or critical concern where designated,cially adopted
precisely mapped, and
pursuant to law by federal, state or local
agencies.
Clunulative impact. All exemptions for these
classes are inapplicable when the cumulative
impact of successive projects of the same type
in the same place, over time is significant --
for example,
annual
assadditions to an existing
building under
27. Section 15100.3 is added to read:
15100.3.Revisions to List of Cate_ rg_ icalr uestiohat aAnew
pu c agency may, many-3
class of Categorical Exemptions be added, or an existing
one amended or deleted. This request must be made in
writing to the Office of Planning and Research and
shall contain detailed information to tsshalrtbthe
request. The granting such
amendment to these guidelines.
4 n
t -W
28. Section 15100.4 is added to read:
15100 A.AARpl�ica�taon by Public Agencies. Each public agency
s- aI� in th course o es a ishing its own procedures,
list those specific activities which fall within each
of the exempt classes, subject to the qualification
that these lists must be consistent with both the
letter and the intent expressed in the classes. Public
agencies may omit from their implementing procedures
classes and examples that do not apply to their acti-
vities, but they may not require EIR's for projec'.s
described in the classes and examples in this
article except under the provisions of Section 15100.2.
28.5 Section 15101(c) is amended to read:
(c) Existing highways and streets,_4wibkin already
esbabli"ed *igkte of ways sidewalks, gutters,
bicycle and pedestrian trails, and similar
facilities;
29. Section 15112 is amended to read:
15112. Class 12. Surplus Government Pry Sales. Class
consists o sales o surp us governmentproperty
except for parcels of land located in an area of
statewide interest or potential area of critical
concern as identified in the Governor's Environmental
Goals and Policy Report repared pursuant to
Government Code Sections a seg. of 3aiae 17 a9�3+
30. Section 15113 is repealed.
31. Section 15113 is added to read:
Class 13. Ae uisition of Lands for Wildlife Conser-
vatLon PPu_r_p_ose�s. C ass�3 cons
o ie acqu�i on
o ands for fish and wildlife conservation purposes,
including preservation of fish and wildlife habitat,
establishing ecological reserves under Fish and Game
Code Section 1580, and preserving access to public
isnds and to preserverthehere landthe in itspose of naturalthe conditacquisition
ion
32. Section 15114 is repealed.
33. Section 15114 is added to read:
Class 14. Minor Additions to Schools. Class 14
concOnsis s of'fnor a_M ons�o e sling schools
within existing school grounds where the addition
does not increase original student capacity by more
than 25% or five classrooms, whichever is less.
The addition of portable classrooms is included in
this exemption.
15114.
34. Section 15115 is repealed.
35• Section 15116 is repealed.
36.
tow
Section 15143 is amended to read:
Environmental Impact• All phases of a project must
ie cons ere wFen evaluating its impact on the
environment: Planning, acquisition, development
and operation. The following subjects shall be dis-
cussed, preferably in separate sections paragraphs.
Tf they are not discussed sepahE
ratelY the EIR spall
15143•
project
ation to
on the envai,mull L-) e) _--term effects.
both the short-term and long -
it should include specifso %.,,he Brea, the ions
resources involved, physical
to ecological systems and changes induced in
population distribution, population concentra-
tion, the human use of the land (including commeri
cial and residential development) and other
aspects of the resource base such as water,
scenic quality and public services.
(b) !"InlY Adverse Environmental Effects When Cannot
Be Avo e e roposa s
DescrlDe any a verse mpac s, nc uding hose
which can be reduced to an insignificant level
but not eliminated. Where there are impacts that
cannot be alleviated without imposing an
alternative design, their implicatins and the
not -
reasons why the project is being proposed,
withstanding their effect, should be described.
Describe Re net hegleet impacts on any
aes a cally valuable surroundings: or on
human health.
(c) Mitigation Measures Proposed to Minimize the Impact:
Describe avoidable adverse impacts, includin
ne c en an unnecessar consump_on o energy,,
n7A- the measures aroposed o m�nimiLe si'�o ierpanra�
a
ti
1s well as ozner
s all be discussed. Examples o ener conserva on
mea-' surer are prov e n Appen x F. Deaer e-ae�
Rk ga en-measure e-wrlss("?R1_ re onF-prejeet Oiaa-te
redtiee-signIP-leant-envirofinentai#y-adverse-impaets-
te-#ae#gt�#£#eaHt-ieveiej-axd-the-bar#e-€e�-eeee#deg#eg•
tkese-#evele-aeeeptable:--where-a-paptiealap-FRitiga--
t#er�-rneaea�+e-kae-been-ekeeex-€ern-ax�eag-aeve�ai-a#te�-
aat#ves-ekaea#d-te-dieexseed-and-peasene-eheeld-be
given-€ep-the-oh4ee-madev - -
(d) Alternatives to the Proposed Action:
Describe reasonable aRy-kaewn alternatives to the
project, or to the location of the project, which could
feasibly attain the basic objectives of the project,
and why they were rejected in favor of the ultimate
choice. The specific alternative of "no project"
must also always be evaluated, along with the impact.
Describe alternatives
ca`pable of substantially reducing or eliminating
any environmentally adverse impacts, even if these
alternatives substantially impede the attainment of
the project objectives, and are more costly.
(e) The Relationship Between Local Short -Term Uses of
Describe the cumulative and long-term effects of the
proposed project which adversely affect the state of
the environment. Special attention should be given
to impacts which narrow the range of beneficial uses
of the environment or pose long-term risks to health
or safety. In addition, the reasons why the pro-
posed project is believed by the sponsor to be
justified now, rather than reserving an option for
further alternatives, should be explained.
(f) Any Irreversible Environmental Changes Which Would
e Involved in the Proposed Action Mould It Be
Implemented:
Uses of nonrenewable resources during
the initial and continued phases of the project may
be irreversible since a large commitment of such resources
mates removal or nonuse thereafter unlikely. Primary
impacts and, particularly, secondary impacts (such
as a highway improvement which provides access to
a nonaccessible area) generally commit future gener-.
ations to similar uses. Also irreversible damage
can result from environmental accidents associated
with the project. Irretrievable commitments of
resources should be evaluated to assure that such
current consumption is justified.
(g) The Growth -Inducing Im act of the Pro osed Action:
scuss tne ways in which a proposed project could
foster economic or population growth, either directly,
or indirectly, in the surrounding environment.
Included in this are projects which would remove
obstacles *r -3pulation growth (a major expansion
of a was* .er treatment plant might, for exam le,
allow for a construction in service ereas�.
Increases in the population may further tax existing
community service facilities so consideration must
be given to this impact. Also discuss the charac-
teristic of some projects which may encourage and
facilitate other activities that could significantly
affect the environment, either individually or
cumulatively. It must not be assumed that growth
in any area is necessarily beneficial, detrimental,
or of little significance to the environment.
36.5 section 15145 is amended to read:
15145. Water Qualit Aspects.
Describe in the environmental setting section and other
sec ons w ere a ca a WI -Teepee - e water, qua icy
aspects o e proposed project which have been previously
certified by the appropriate state or interstate organi-
zation as being in substantial compliance with applicable
water quality standards. �e€e�eaee-be-bhe-ee€ieatie--
eheajd-be-made,
37. Section 15146 (a) is amended to read:
(a.) The Final EIR shall consist of:
_(Al. The Draft EIR or a revision of the draft.
(21 Comments and recommendations received on the
Dra EIR ei er ver a m or n summary._
A list of persons or anizatians and public agencies
-. �.�K �„ hP J)ra MR.
The responses of the Lead Agenc to significant e
- -M. .s ralsea sit the rev ew an consu
process.
4a4 The-Elnal-EIR-eka�k�-eene et-a€-tl�e-}3 a€t-EAR-eea aladeg-
4ke-elemeete-deaeyibed-#ii-8e8tleaa-}5}4}3-15-142s-aad-15-143
e€-thee e-Guide IIneaT-a-eeetAee-j#etieg- the- erganloatleaa-
aad- pep aene-eensulted-and-eeabaInIng- the -eeHmeats
veeelved-bkreagh_the-eeeeaLtatiea-ppeeese-de6epthebed- -ie
Artie le-1%-elthen-veFbat€m- er-in- ealimapyT-
reepenee-e€-the- Lead-Ageney-te-the-eignIfAeant-envlPen-
meebal-peseta-pale 9d- In- bhe- rev iew-arid-eeasa-Itatlex
ppeeeeev
I
3
37.5• Section 15147(c) is renumbered to Section 15148 and
amended to read:
15148. EIR as Part of General Plan.
The requirements for an EIR on a local general
plane ep element or amendment thereof will be
satisfied by the general plan or element document,
and lvevT no separate FUR will be required, if:
T7 the general plan addresses all the points
required to be in an EIR by Article g of these
Guidelines and (2) the document contains a
special section or a cover sheet identifying
where the general plan document addresses each
of the points required.
37.6. Section 15160(a) is amended to read:
(a) Public agencies may establish time periods for
review in their implementing procedures and shall
notify the ublic and others described in sections
15085(t any hese Guidelines of the time.
for receipt or comments on EIR s. _ rev ew rig
38. Section 15160 (c) is amended to read:
(c) In order to provide sufficient time for public
review, review periods for draft EIR's should
not be less than 30 days nor longer than 90 days
except in unusual situations. While state and
localguide-
local agencies are not bound by
lines for implementing the National. Environmental
Policy Act, the time limits in the federal guide-
lines provide an example that may be followed
in some situations. The federal guidelines
require at least 45 days for review of a draft
EIS and at least da s or rev ew of a na
EIS nut no ess Tian 0 da_ ys-in �otal.gA-�e
�t—arid arias er 39 filaye-
€ep 4ke review e€ a €iRaa E-Igi Review periods
of this length may be desirable for some large
projects under cEQA, but shorter periods may be
provided wFiere the shorter period will still
allow adequate review.
39. Section 15161 (a) is amended to read:
(a) Public agencies must develop procedures for
reviewin EIR 's which Lead A eneies subm�to
Reim or comments : 5 -�@'e �
oi�taYsr-atYd--rece�ve���q' �,tgcli.atd.�or3.
124
��-stew-w#bh-�eepeet-fie-the-pre�eet:--6uek
preeedu�es-sheuld-inelude-previsiene-€er
eensultatien-with-persene-whe-leave-speeial-
expertise-in-exvireRmental-mattereT--lt
le-suggested-that-publie-ageneiee-utilise
existing-statej-and-regienal-er-leeal
elearingheueee-te-dietribute-E*Rle-and
ether-envipenFRental-deeurAeate-to-apprepplate
ageneieeT
40. Section 15161 (b) is amended to read:,
(b) Cities and counties should compile listings
of other agencies, particularly local agencies,
which have jurisdiction by law legal-Juriedietien
and/or special
expertise with respect ttodvarious projectsana
project locations. App
lines-identi€lea-state-agerieies-whieh-have
legal-jurisdietion-eveFT-er-speeial-expertise
inT-va�ieus-impaeta: phis-eauld-be-the-basis-€ar
a-past-a€-aueh-listingez Such listings should
be a guide in determining which agencies should
be consulted with regard to a particular project.
41. Section 15161 (d) is amended to read:
(d) Upon completion of reviewinnEIRupplyithe
suggested that reviewing agenciesI
Lead A ency ppejeet epeneer with the name of a
con ac person who is available for later i
consultation should this prove necessary.
42. Section 15161(c) is rcpcalod.
42.5 Section 15161.5 is added to read: i
i
15161.5 Review,by Stateencies.
(a) EIR's and Negative Declarations to be
reviewed by state agencies shall be submitted
to the State Clearinghouse, 1400 Tenth Street,
Sacramento, California 95814.
(b) The following environmental documents shall
be submitted to the State Clearinghouse
for review by state agencies: ]
(1) Draft EIR's and Negative Declarations
prepared by a state agency where such
agency is a Lead Agency.
(2) Draft EIR's and Negative Declarations
prepared by a public agency where a
state agency is a Responsible Agency
or obherwise has jurisdiction by law
with respect to the project.
(3) Draft EIS's and Negative Declarations
prepared pursuant to NEPA, the Federal
Guidelines (Title 40 CFR, Part 1500,
commencing with Section 1500.1) and
Parts I and II of Office of Management
and Flzdget Circular A-95•
(c) Public agencies may send environmental
documents to the State Clearinghouse for
review where a state agency has special
expertise with regard to the environmental
impacts involved.
(d) When an EIR is submit'ed to the State Clearing-
house, the review period set by the Lead
Agency shall be at least as long as the
period provided in the state review system
operated by the State Clearinghouse. In
exceptional circumstances, the State Clearing-
house may set shorter review periods when
requested by the Lead Agency.
42.6 Section 15162 is amended to read:
15162. Failure to Comment.
If any public agency or person who is consulted
with regard to an EIR fails to comment within a
reasonable time as specified by the Lead Respenalble
Agency, it shall be assumed, absent 7 request for
a specific extension of time, that such agency or
person has no comment to make,
43. Section 15163 is amended to read:
�e €e� Environmental Documents.
15163• Availability of Reques
Lai The Lead Reepensibae Agency,
after preparing
an Ei'Ror other environmental document described
in these Guidelines, is responsible for making
such documents available to the public for
inspection. Members of the general public
requesting copies of the EIR may be charged
for the actual cost of reproducing that copy.
(b Lead Agency should file draft EIR's in
a ro r a e pu c rary s,�s _ems_ n
o improve public access to the draft
44. Appendix D is repealed.
45• appendix D is added to read:
APPENDIX D
NOTICE OF DETE MCNATION
TO: Q Secretary for Resources
1416 Plinth Street, Room 1311
Sacramento, California 95814
L..J County Clerk
County of
FROM: (Lead Agency) --
SUBJECT: Filing of Notice of Determination in compliance with Section 21108
or 21152 of the Public Resources Code
This is to advise that the
Lead Agency
has made the following determinations regarding the above described project:
1. The project has been approved by the Lead Agency.
disapproved
2. The project will have a signiilcant effect on the environment.
B will not
3• L% An Environmental Impact Report was prepared for this project pursuant to
the provisions of CEQA.
DA Negative Declaration was prepared for this project pursuant to the pro-
visions of CEQA. A copy of the Negative Declaration is attached.
i
Signatvre i
Title
Date
t" endix E
46. Appendix E is aaaende& o read:
Notice of Exemption
TO: U Secretary, for Resources FROM:
1416 Ninth Street, Room 1311
Sacramento, California 95814 ;
Q County Clerk
County of j
Project Title
Project Location - Specific
Project Location - City Project Location - County
Description of Nature, Purpose, and Beneficiaries of Project
ame of Public Agency Approving Project
ame of Person or Agency Carrying out Project
Exempt Status: Check one
Ministerial (Sec. 15073)
Declared Emergency (Sec- 15071 (a) )
E2nergency Project (Sec. 15071 (b) and (c) )
Categorical Exemption. State type and section number:
Reasons why project is exempt:
i
Contact Person Area Code Telephone &tension
if filed by applicant:
1. httach certified document of exemption findiag.
2. Has a notice of exemption been filed by the public agency approving
the project? YesNo—
Date Received for Filing
Signature
Title
47. Appendix F is added to read:
Appendix F
Energy Conservation
The California Environmental Quality Act was amended, effective January 7,
1975, to require that the discussion of mitigation measures in an EIR include
a discussion of measures to reduce the inefficient and unnecessary consump-
tion of energy. The following discussion is offered as assistance in meeting
this requirement.
Energy conservation is the wise use of energy resources. The wisdom of a
certain kind of energy use will vary according to the circumstances. In
late 1974, a leading consideration in energy use is the reduction in
dependence upon high priced imported petroleum. other considerations are
nd
g ways to make
ineshortction in supply lastlution longerfrom and beergy useduse forathefmostnessential purposes.
Energy conservation measures, including both the available alternatives and
those incorporated into the design and operation of a proposed project
need to be discussed in EIR's. There are many ways in which a project may
be designed or operated to make more efficient and wise use of energy.
The following list of conservation measures provides examples that may
be used in EIR's where relevant. The list is not exhaustive, and it is
not necessary to discuss each example in every EIR.
(1) Insulation and other protection from heat loss or heat gain to
conserve fuel used to heat or cool buildings and mobile homes.
(2) Use of resource conserving forms of energy such as solar energy for
water and space heating, wind for operating pumps, falling water
for generating electricity, and heat pumps.
(3) Energy efficient building design including such features as
orientation of structures to summer and winter sunlight to
absorb :winter solar heat and reflect or avoid summar solar heat.
(4) Measures to reduce energy consumption in transportation such as:
(a) Providing access to alternative means of transportation for
people such as bus lines, mass transit, bicycle lanes,
pedestrian facilities, and car pooling.
(b) Use of small cars rather than large cars where possible.
b
I. 9
a
(c) Use of alternative means of shipping which allow for energy k
savings.
(5) Efficient lighting practices including use of indirect natural light,
use of efficient lighting fixtures and/or sources, establishment
of reasonable
lighting criteria to prevent over illumination, and minimum use of
architectural or display lighting. !
(6) Energy conserving constr.Action practices.
(7) Use of energy conservation devices such as flywheels.
a
(8) Rate structures which discourage unnecessary energy consumption. 4
(9) Use of human or animal power where such use is feasible.
. i
(10) Waste heat recovery.
(11) Recycling and use of recycled materials.
COMMENTS ON PROPOSED AMENDMENTS
TO STATE EIR GUIDELINES
The Resources Agency has proposed to amend
the Guidelines for the Implementation of the California Environmental
Quality Act of 1970. AB 1575 (Warren) amended Section 15143(c)
of the California Environmental Quality Act of 1970 (CEQA) to requi.rn
that discussion of mitigation measures in an EIR include discussion
of methods of avoiding inefficient and unnecessary consumption of
energy. Because AB 1575 will take effect on January 7, 1975, it
it is necessary to amend the Guidelines to assist people in
complying with the new requirements. The proposed amendments were
published in the November 25, 1974 issue of the California EIR
Monitor. The following is a section by section ana ys s of— ose
proposed changes.
SUMMARY OF PROPOSED CHANGES
1. Guidelines Section 15141(c) is amended to require discussion
of energy conservation measures in mitigation measures.
2. Jurisdiction by low is defined in new Section 15029.6.
3. Existing requirements from many sections for public agencies
to include in their implementing procedures are combined in Section
15050.
4. Current requirements for state agency review of EIR's and
negative declarations now contained in the State Administrative
Manual have been added as Section 15161.5 of the State Guideline:.
5. The relatLonship of CEQA Sectton 21102 to State Gu�delires
Section 15037(b)(2) is clarified.
6. Other technical amendments clarify present requirements of
CEQA and the Guidelines.
ANALYSIS
Section 15001 is added to provide a short means for referring to
the Guidelines. We recognized that the existing title for the
Guidelines is long and cumbersome in conversation. The title is
'accurate in that it refers to the entire Environmental Quality
Act which requires more than simply the preparation of environmental
impact reports, but a shorthand form of reference is desirable.
Section 15005 contains strictly a technical amendment. The portions
v of the section which are deleted are moved to Section 15050 which
spells out the responsibilities of public agencies in implementing
the Act.
Oz
Section 15014 also contains a technical amendment. The language
which is a eted is also moved to Section 15050. Subsection (d)
is amended to reflect the proposed effective date ofthese
amendments. The effective date of January 7, 1975, was
because this is the effective date of AB 1575 which requires
mitigation measures in EIR's to contain comments on energy
conservation measures. The provision for earlier amendment of
individual agency procedures is deleted because the authority for
the specific provisions on energy conservation measures will not
take effect until January 7, 1975.
Section 15022 contains a technical amendment. The citation to the
�\ Ca lifcrn a nv ironrr,ental Ruality Act is made open-ended to provide
V that the addition of new sections to the Act in the future will
not automatically require an amendment to this section. Future
amendments to the Act will automatically be referred to given the
citation proposed in this section.
The changes in Section 15027 are intended to clarify the difference
\between a draft and a f n_aTEIR. The addition to Subsection(a)
,,,The
a reoui.rement already provided for in Section 1506 .
"--\,Sectior. 15028 contains a technical correction. i.i tended to show that
VVaan environmental impact statement is not neces,rily identical to
an environmental impact report.
\efinit.1—o-n
Secti,rin 1502q.r provides a definition of Jurisdiction by law. This
fs needed because .Juri.idictton by law is the criterion
for deciding whether the lead agency must consult with and obtain
comments from a particular public .agency after it completes a draft
P,TR. There should be little
question that n puolin agency which has authority to pran.. a permit
Cur the project would have .jurisdiction by law. The clause dealing
with the exercise of authority over the resources which may be
affected by the project would reouire that a public agency consult
with the county in which it is constructing a protect even though
the county night not have legal authority to approve or disapprove
the project. In the case of Inyo v. Yorty the court held that the
Los Angeles Department of Water and Power had to consult with the
County of Inyo even though the county did not have authority to
disapprove the project in cuestion. This clause is designed to
implement the holding in Inyo v. Yort . The clause dealing with
the provision of services Wvh w e affected by the project is
designed to cover the situation where a city or county approves a
subdivision which will have a great impact on a school district in
the area. Although the school district would not have authority
to block the project, it should be given the opportunity to comment
or, the EIR. The last sentence in a section merely shows how the
term .jurisdiction by law fits in the Guidelines. It cross-references
the terms "responsible agency" and "lead agency".
Section 15014 contains purely technical amendments and a cross-
reference.
;`i3
Section 15035 is amended to show that the notice of determination
need not —Fe �`iled simultaneously with the approval of the project.
it is expected that this notice would normally be filed shortly
after the project approval.
ection 15035.5 is amended with a technical cross-reference.
Section 15037(a)(1) contains, a change aa.signed to show that amend-
meuts to genera?. plans must be the subject of EIR's where there
is the possibility of a significant effect on the environmbnt.
There have been a number of questions raised as to whether amend-
ments were covered along with the adoption of general, plans. This
amendment is designed to answer that question. The amendment
proposed in Section (b)(2) is intended to restate the requirement
in Section 21102 of CEQA which applies to state agencies.
Section 15050 is amended to provide one place where all the require-
ments plsae%on individual public agencies are described. This
description is provided in summary form and is intended to describe
requirements which are already contained in the Guidelines.
Subsection (c) is proposed because there has appeared to be a need
for more detailed guidance on what should be contained in individual
agency implementing procedures. Many public agencies have merely
adopted the State Guidelines verbatim to be their implementing
procedures. The State Guidelines contain few specific procedures
in order to provide guidance to the broad range of public agrencies
in the State. Where a pui. le agency adopts the State EIR Guidelines
verbatim, it will find itaelf without the detailed procedures
required by CEQA.
The amendments to Section 15052 are intended to correct the reference
to the Secretary for Resources. Although CEQA refers to the
Secretary as the Secretary of the Resources Agency, the Secretary's
official title is Secretary for Resources.
Section 1505*�(a) contains purely technical amendment, The charger
in SOsecETon (b) are designed to allow public agencies treater
leeway in setting the fees to be charged for obtaining copies of
an EIR. Some public agencies have reduced the fee far copies
of EIR's to less than the actual cost of printing the individual
copy. This was done to encourage public access to the document.
A technical reading of old Subsection (b) would not permit
lowering fees in this manner. The proposed amendment is intended
to allow a public agency tc, charce a lower fee if it so desires.
The proposed change in Section 15060 is intended to respond to
suggestions that the old language could lead to abuse of the act
and evasion of the requirement for the preparation of formal
documents. This section is intended to screen out only those
projects where it would be ridiculous to think that the act might
apply. For example, there were suggestions that unless a
categorical exewpvion was established for the placement of vending
04
mkchines in public buildings that detailed documentation would
be required in every case. Requiring even a negative declaration
In such a situation would seem ridiculous. CEQA applies only to
those projects which may have a significant effect on the
environment. We believe that there is a legitimate need to allow
projects to be screened out of the process without any required
documentation where it can be clearly in advance seen that there
is no possibility of a significant effect on the environment.
The proposed amendments to Section 15051(a) and (b) merely
capitalize the term "lead agency" to conform with the capitalization
f this throughout the Guidelines. This is a defined term with
a special meaning in the Guidelines and capitalization is used
to draw attention to this special meaning.
The proposed amendment to Section 15053(a) is intended to bring
the langua;e into closer conformity with the statutory language
in Public Resources Code Section 21101. Subsection (b) is amended
because most federal EIS's now contain discussions of mitigation
measuren and ,-.rowth inducing impact because these are required
by federal regulatinns although these sut.jects are not mentioned
in the statutory language of N.E.P.A.
�he proposed amendments to Section 150a5(d) are purely technical.
The chance in the heading of Section. 1505^ is intended to clarify
the application of the section. AlthoaTi most of the section
deals with consultation with responsible agencies, the last
�tast
entence deals with consultation with other agencies. Accordingly
he title needed to be changed to apply to both situations. The
sentence in the section is amended to ,how that the consultation
after the draft EIR has been completed is intended to obtain formal
comments un the draft. Formal comments are not needed in the
consultation process with responsible aaencles in the preparation
of a draft EIR, but such comments are needed in the formal review
\ -process.
VThe propoced chances in Section 1505p are also technical.
The chances in Section 15070(
period for the a.nPndn,,en='and
for EIR', under preparation.
interest of cairnesn.
in intended n'o provide a phase -in �
to provide a grandfather clause
A phase -in period is needed in the
` The proposed change to Section 15073 appears technical but it is
`•'\1 intended to remove the poss� ibilhat the section could be
misinterpretated to require a negative declaration where a protect
is ministerial. Ministerial projects are completely exempted from
the Act and neither an initial study, a negative declaration, nor
an EIR is required.
The lancuace in Section 150RO is proposed to be amended because
the existing lanQuaae does not adequately describe a number of
exemptions which are provided in the Act. The proposed change
would cover all the exemptions.
The proposed addition to Section 15083(s) Is intended to point
out a reoutrenent which already ex sin Section 150,6.
Consultation in the preparation of a negative declaration is
important because if the lead agency determines that only a
negative declaration is required for a project, no responsible
agency actins, later on the project could require an EIR. It is
important for the lead agency and the responsible agencies to
discuss the environmental impact of the proposed project before
the lead agency decide:; whether to prepare a negative declaration
,,,or an FIR,
The chance to Section 15083(d)(2) is intended to apply to n,o,iects
wh i-h involve hoth 1,,•cTand state agencies. Where a state agency
is involved, it is appropriate for a notice of determination to
be sent to the 7earetar,)• for Resources as well as to the county
clerk. For example, where a locAl project will be given state
funding, the notice choulld be filed with the State as well as
with the county.
A rl; ,1'�r of f tiAr 'ev xi-e propOr;ed for Sect' : n 1 �0r'7. The changes
\\ in 3uhne^tiar, A are purely '.technical. The praposed addition
etc Sl1 ;:ter, ion : is i-Aended to point Out iyc consultation
reouireaent whtci: applies to lead irencle . dvr'irY the preparation.
o,, an EIR. The lAns�i.are which is deleted is :rc,ve�i to Sul -section (d)
because the review o" a completed draft EIR fit::, acre l.oatcally
Aj'ter Sill`rvr'ti^:, (c)• Suhsec`i.n (c) contain.^ a number of chani ei,
The ^first tw;, charge are intended to sirnpllf;• the language that
applies to the noti^e of roirpletion. There has beer, c^nfvr,ion
about the existing lanFruaFe which provides that the notice of
completion mist he filed before copies of the EIF are sent out
for review. ;several p•ih1 Lc a:renctes inquired as to whet per they
needed to obtain a statement from the Resources Agency that their
notice of cosi,plet ion had beer. received for filing before they
could send out copies of their draft FIR for review. The proposed
chance is intended to avoid the need fora formal procedure Of
that 'Ri.nd. The amendment dealing with the notice of intent has
1,een trade ne^,essary by a chance in the forts used by the State
ClearinrhUu^e, The nonce of intent is no longer used but he,,
been replaced by a new and more elaborate form identified as
Forrr CA-ln^,. The praposed lnnsuafe merely refers tr; -he c- vr!r
f orn. reo.tiref* b;; the 5i,ate Clearinr!h,.o%e benai ve the f,1- raG be
charred afaLn. The copy of the notice of intent is proposed to
be removed from the appendix. SOsection (d) combines a nu-raber
of provisions applyinf- to the EIR review precess which had Leen
scattered throu;hout the Guidelines. The only new material is
contained in Subrectlon(d)(2) nur*gestirr* that coptef of draft
EIRs be provided to public library systems. A number of Lead
Agencies have found the use of public libraries to be particularly
erfecifive in :ro ins copies of EIR:: Vvailrable tc the public.
Subsection.(?) is added to encourave other Lead Agencies to
consider using this device. Sutnecttons (e) through (i) contain
purely technical chans*es. Cubsection (j) is added to point out
the reaulrem,-ant for responsible agencies to consider a Lead
Agency':, EIR as required by Section 15064.
rib
The changes to Section 15086 are intended to be merely technical
in nature. Since the f rs sentence uses the word "should", the
words "To the extent possible" were not deemed necessary. There
was some question about the meaning of the term "regular project
report" because some state projects involve both a "project
report" and a "feasibility report". The amendment is intended to
provide that whichever one is used in the review and budgetary
process will be the one to include the EIR.
When the Notice of Exemption was authorized for use in March 1974,
the provision. in Section 15087 authorizing the use of additional
notices became less necessary. The authorization to individual
iublic agencies to provide for use of additional notices may still
b necessary, however, because some agencies may use notices which
e not specifically provided for in the Guidelines. For example,
a city may reouire that a notice be filed when it decides to
prepare an EIR or when it completes a negative declaration. Either
of these would be authorized by Section 15087. The language to
be deleted overlaps with existing Section 15074.
The proposed change to Section 15100 is intended to clarify the
effect of categorical exemptions. it is intended to make clear
that a categorical exemption eliminates the need for an initial
study and a negative declaration as well as the need for an EIR.
New Section 15100.1 is a revision and recodification of existing
Section 1511 which would be repealed by the amendments. The
section is moved to the new location in the Guidelines to allow
for additions to the list of categorical exemptions. The purpose
of the section is to clarify the relationship of categorical
exemptions to the ministerial exemption.
New :Action 15100.2 is a recodification of existing Section 15114
with only mino— r Tnges. Because the existing section contained
cumulative impact exception as well as the exception by location.,
he title of the section is revised and the section is divided
into two subsections to clarify its application.
ect ion 15100.1 represents a codiftcation of old Section 15115
,:,
hich wou a repealed. The last sentence is added to the
;ectton to clarify how a reouest for a new categorical exemption
would bp granted.
c>ection 15100.4 is a recodi.fication with minor technical changes
�bf old Sew-1511' which would be repealed.
The proposed change to Section 15101(c) is intended to remove a
limitation which has been troub�ine to the California Department
of Transporation. Because the language limited the example to
existing rights of way, the department believed that negative
declarations were required where projects called for the acquisition
of small parcels of land for signs, curbs, or light standards.
The revision would apply the exemption to situations where
additional small parcels need to be acquired for a project. To
be exeirpt, the project would still need to meet the description
In the heading of Section 15101 limiting the exception to the
07
operation, repair, maintenance or minor alteration of existing
public facilities involving negligible or no expansion of use.
Section 15112 is amended merely to change the reference to the
Environmer,757 Goals and Policy Report in such a way that if a
new report is prepared, the Guidelines would not have to be
amended to chance the citation.
New Section 15113 contains a proposed categorical exemption.
During the paw year there have been many questions about the
application of CECA to the acquisition of lands for ecological
eserves and other wildlife conservation purposes where the
land was heir.;- acquired In order to preserve the land in its
natural condition. Because the concept of a significant effect
as described in Section 150Rl involves a change From the existing
condition, we believed that the acquisition of land to freeze
the land ir. its existing condition would not have a significant
effect on the environment.
Ser.Ucn 1'llh is prcFcced t eceuse there have teen pry blew in
dealing* wt�-the addition cf' portable classrooms at existing
snl:;c1 ,sites. Often the portable classrooms are needed with
very little advance n ttce. This categorical exemption is
intended tr eltrinate the need for documentatinn where the
additir, to a school would have only a minor effect on the
surrcundinas.
The reneal r," Ser`iors 15115 and 1511n' are discussed tinder Sections
1510C'.? and t;lno.h.
The hoadln<1 of S,— Lion 15143 is amended to make it clear that
EIR's may be prepared using an organization different from the
sequence of subjects described in Section 21100 in CEOA and Section
15143 of the Guidelines. where a different organization of the EIR
would simplify or clarify the discussions of the effects of the
project, the different organization may be used provided that the
reporL still, diSCUS$eS all the required subjects.
;section l�lti={c) contains the most substantive addition to the
O,a,�,gi;rPc. T;A out Pct3cn follows the manda4'e con�ainedein
AR 15%5 that the discussion eif mitLzation ceasurec>
disru rton of xethods Gfo.naredto ecient,and
unnecessary
consurpticr. Gf energy;�. The examples
people in understand ins what measures could be considered norOn
avoidinr inefficient and unnecessary cgnsumptirneCteneWeyttoulily
a few of the exanples may apply to any given pj
expect that zany EIR's would discuss energy conservatian measures
which do not appear on this list. Any list has the problem of
leading people to helieve that the listed items are a1.1 ti1c" "ust
tl;ink al•o'Ut- We believe,however,
that a list is necessary to
provide people with some rui
The revision:: to Sections 151111(d) and (e) are strictly technical
but are an effcrt to si,Tr.D �!�e sections.
()s
The revisions to Section 151.45 are intended to clarify the section_.
There have been suggestions Fiat Section 15145 required a separate
\section in an EIR to discuss the water quality aspects of the
project. We intended the section merely to qualify the previous
\ sections in order to simplify the EIR. Where the water quality
aspects of a project have been previously certified by a water
quality authority, the water quality aspects of the project need
not be exhaustively described, but the cerification by the water
quality authority should be described.
ection 15146(a) is amended merely to clarify the existing
requirements.
Proposed Section 151118 is a recodification of Section 15147(c).
Because this sect on s important to people working with general
plans, it was believed that the provision should be highlighted
as a separate section. The section is also revised to apply the
EIR requirement specifically to the amendment of local general
plans where there may be a significant effect on the environment.
A numt er of people had suggested that an amendment to a general
plan did not require an EIR because the Guidelines specifically
mentioned only the adoption of the plans or elements of the plans.
This section is intended to resolve this dispute by specifically
referring: to amendments of general plans.
The amendment to Section 15150(a) is intended to provide that
ad Agencies should inform aTl people reviewing a draft EIR of
the time period for review instead of only telling other public
agencies. Post Lead Agencies are already doing this.
ection 15160(c) is amended to correct the reference to the review
eriods proveded under the federal guidelines and to clarify the
section.
Section 15161(a) is amended to clarify and shorten the section.
The material which is deleted has been moved to other location..
It is proposed to be included in Section 15050 and Section
15o15(a) .
The revision to Section 15161(b) is strictly technical. The
language which is delete3 is coved to new Section 15151.5(e).
\The revi:;ion to Section 15161(d) is technical, changing the term
"project sponsor" to Lead agency. The old terminology could lead
to confusirn where the project is sponsored by a private applicant.
\,Section 15151(e) which is repealed is recodified in Section 15101.5
tto clarify the existing requirements in the state review process.
V Section 151"1.5 is Intended to provide further information on the
state review process. Most cf the telephone calls received in
the Resources Agency about the EIR process have dealt with the
state review system. The purpose of using the State Clearinghouse
MLI
for the state review process is to provide a single and routine
contact point for obtaining comments on EIR's. Because the
Clearinghouse is familiar with the areas of jurisdiction and
expertise of state agencies, it can make sure that all the state
agencies that would be concerned with a project are given the
opportunity to comment on a project. It has been our experience
that when agencies outside of state government try to identify
all the state agencies which would comment on a project, a
number of state agencies are overlooked. Use of the State
Clearinghouse system is intended to help public agencies meet
their statutory obligation to consult with and obtain comments
from all puhlic agencies which have jurisdiction by law with
respect to a project.
Section 151'2 contains a technical amendment.
Section 151•g is amended to clarify the existing section and to
provide suggestions for improving the availability of documents.
Many public ~agencies have found that making copies of EIR's
available in public libraries has improved public access to the
documents. Usually several copies have been provided to each
library. One copy is reserved as a reference copy to re^ain in
the library, and the extra copies are available for check out.
This approach greatly facilitates public access to the documents.
Sulsection (b) is intended to urge all public agencies to consider
using this method of facilitating public participation in the EIR
process.
Appendix D containing the Notice of Intent f..rm is repealed because
the State Clearinghouse is no longer using the form. The Clearina-
hou.e is now using the CA 1R9 for::, but because this form is long
and ray also he changed, a ce,py of it is not provided in the
Guidelines.
10
CONSTITUTIONAL CONVENTION
The constitutional convention for professionals engaged in the
preparation, processing, or review of environmental documents
held on November 13, 1973, in Goleta, California resulted in
the creation of a new organization. The group decided to describe
itself as an organization of individuals and entities involved
with the environmental assessment process. Albert F. Reynolds
of the Office of Environmental Quality of Santa Barbara County
uas elected Chairperson, and Carol Benson of Henningson, Durham,
and Richardson was elected Vice Chairperson. An organizational
committee was established to work out the details of setting up
the new group.
During the morning session, the convention discussed whether
there was a need to create a new organization. To resolve the
issue, the convention analysed the functions that the group
perceived as needing to be performed. Concern was expressed
that the orCanizat:ion must serve a function and that the function
must not be merely to o,erve the individual interests of the
members. The group identified the following needs:
1. Better communication among people who deal with the
environmental assessment process. People working in the some
kind of job in different areas were perceived,to be out of touch
with each other. Better communication was desired for problem
solving, improving procedures, improving base line data, and
sharing information of interest to people working In this area.
2•. Establish a code of ethics and standards of practice
in environmental assessment.
3. Take action in some form in response to cases of unethical
conduct.
4. Standardize procedures used in different public agencies.
5. Improve the disclosure of environmental effects of project:;.
6. Improve the usefulness of environmental impact reports.
This would involve analyzing the purposes served by the documents
and then seeing how the goals could be better accomplished. The
idea was expressed that complete analysis of every environmental
effect to the satisfaction of specialists in each field is not
possible and probably not desirable.
7. Promote the survival of environmental laws. While it
was recognized that other organizations are serving this need,