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HomeMy WebLinkAbout74-014RESOLUTION NO. 74-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING AMENDMENTS AND DELETIONS TO THE PREVIOUSLY ADOPTED "RULES AND REGULATIONS OF THE CITY OF SANTA ANA IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF I970" AS REQUIRED BY THE DECEMBER 17TH AMENDMENTS TO THE GUIDELINES OF THE SECRETARY OF THE CALIFORNIA STATE RESOURCES AGENCY WHEREAS, the California State Environmental Quality Act, as amended by AB 889, required all cities to adopt by ordinance, resolution, rule or regulation, objectives, cri- teria and procedure for the evaluation of projects in the preparation of Environmental Impact Reports, prior to April 5, 1973; and WHEREAS, the Santa Ana City Council, pursuant to Resolution 73-32, on April 2, 1973, adopted "Rules and Regu- lations of the City of Santa Ana Implementing the California Environmental Quality Act of 1970", in conformance with the Environmental Quality Act of 1970, as amended by AB 889, and the Guidelines of the Secretary of the California State Re- sources Agency; and WHEREAS, the Secretary of the California State Resources Agency on December 17, 1973, amended these Guidelines requiring all public agencies to adopt similar amendments to their rules and regulations no later than February 15, 1974; and WHEREAS, the Santa Ana Planning Commission, pursuant to their Resolution 6045, on January 28, 1974, recommended to the Santa Ana City Council adoption of amendments and deletions to the previously adopted "Rules and Regulations of the City of Santa Ana Implementing the California Environmental Quality Act of 1970", as required by the December 17th amendment to the Guidelines of the Secretary of the California State Re- sources Agency; and WHEREAS, there is attached to this resolution, and bY this reference incorporated herein as though fully set forth, the "Rules and Regulations of the City of Santa Ana Implement- ing the California Environmental Quality Act of 1970" as amended by additionsthereto and deletions thereto, which are consistent with the December 17th, 1973, amended Guidelines of the Secretary of the California State Resources Agency. NOW, THEREFORE, BE IT RESOLVED: That the Santa Ana City Council hereby adopts the attached "Rules and Regulations of the City of Santa Ana Implementing the California Environ- mental Quality Act of 1970" as amended and as deleted in con- formance with the December 17th, 1973, amended Guidelines for Implementation of the California Environmental Quality Act as propounded by the Secretary of the California State Resources Agency. PASSED AND ADOPTED by the Santa Ana at its regular meeting February , 1974. City Council of the City of held on the 4 day of ATTEST: ~ CLERK OF THE COUNCIl RESOLUTION NO. 74-14 PAGE TWO STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss.: CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing resolution was introduced to said Council at its regular meeting held on the 4 day of February 1974, and was at said meeting passed and adopted by the following vote, to wit: AYES, Councilmen: NOES, Councilmen: Griset, Evans, Markel, Garthe, Yamamoto, Patterson, Ward None ABSENT, Councilmen: None APPROVED AS TO FORM: ARTICLE SECTION SECTION SECTION SECTION ~&RTICLE II SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 SECTION 12' b. SECTION 13 SECTION 14 SECTION'15 I - GENERAL 1 2 3 DEFINITI RULES AND REGULATIONS OF THE CITY OF SANTA ANA IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 (AS AMENDED FEBRUARY 4, 1974) Authority Purpose Information Document Scope ONS General Applicant Approval CEQA Categorical Discretionary Emergency Environment Environm6ntal Environmental Environmental E~R Environmental ~raftEIR Fi'nal EIR',' EIS Environmental Environmental Feasible Exemption Project Assessment Form Documents Impact Evaluator Impact Report Impact Statement Review Committee page 1 1 2 3 3 3 3 4 4 5 5 5 5 5a 6 6 6 6 6 7 7 SECTION 16 SECTION 17 SECTION 18 SECTION 19 SECTION 20 SECTION 21 SECTION SECTION SECTION SECTION SECTION SECTION ARTICLE III - SECTION 1 a. SECTION 2 SECTION 3 a. b. Initial Study Lead Agency Local Agency Ministerial Projects Negative Declaration Notice of Completion 22 Notice of Determination 23 Person 24 Planning Dt-partment 25 Project 26 Public Agency 27 Significant Effect Evaluating Projects Determination of "Project" Emergency Project Exception Determination of Ministerial or Discretionary Categorical Exemptions Class I - Existing Facilities Class 2 - Replacement or Reconstruction ,.,' Class 3 - New Construction of ~' ~ Small Structures ~1, ~Cl~$ 4 '- Mi'n6r Alteratiohs "to Land e. Class 5 - Al. terations in Land Use Limitations Class 6 Information Collection C)ass 7 Regulatory Actions for Protection of Natural Resources ~age' 7 7 7 ~8 8 '8 8 9 9 [0 [0 11 11 11 12 12 14 15 16 17 17 18 SECTION SECTION ARTICLE SECTION Class 8 - Actions by Regulatory Agencies for the Protection of the Environment i. Class 9 - Inspections Class 10 - Loans k. Class 11 Accessory Structures 1. Class 12 Surplus Governmental Property Sales m. Exception by Location 4. Environmental Ass'~ssment Form (ENAF) a. Negative Declaration 1. Contents of Negative Declaration 2. Public Availability of Negative Declaration 3. Submission of Negative Declaration to the local Agency 4. Filing of Notice of Determination 5 Decision to Prepare an EIR a. Project by Private Party b. Contents of Draft EIR c. Notice of Completion d. Preparation of Final EIR P~esentation of Final EIR to Local ~ Agency '~.' F.inal Notice of Determination g. Additional Notice IV - Contents of Environmental Impact Reports 1. General Page 18 18 19 19 19 2O 2O 21 22 23 23 24 24 25 25 26 27 27 27 28 29 SECTION 2 Description of Project SECTION 3 Description of Environmental Setting SECTION 4 Environmental Impact a. The Environmental Impact of the Proposed Action b. Any Adverse Environmental Effects Which Cannot Be Avoided if the Proposal is Implemented c. Mitigation Measures Proposed to Minimize the Impact d. Alternatives Lo the Proposed Action e. The Relationship Between Local and Short-Term Uses of Man's Environ- ment and the Maintenance and En- hancement of Long-Term Productivity f. 'Any Irreversible Environmental Changes Which Would Be Involved in the Pro- posed Action Should It Be Implemented g. The Growth-Inducing Impact of the Proposed Action SECTION 5 Organizations ahd Persons Consulted SECTION 6 Water Quality Aspects SECTION 7 Contents of Final Environmental Impact Report SECTION 8 Degree of Specificity ARTICLE V ,AppliCation of Rules and Regulations .. 'SECTION. 1 ,.' Projects Controlled by the Local ~ .: -Agency, SECTION ~ "(Deleted} SECTION 3 Subsequent EIR SECTION 4 Use of a Single EIR SECTION 5 Multiple and Phased Projects to Projects Page 30 3O 30 3! 3! 33 33 34 34 35 37 39 39a 40 SECTION 6 Ongoing P~oject SECTION 7 Feasibility and Planning Studies ~RTICLE VI Evaluation of Environmental Impact Reports SECTION 1 Adequate Time for Review and Comment SECTION 2 Consultation with Other Public Agencies SECTION 3 Review of Adverse Effects SECTION 4 Failure to Comment SECTION 5 Request for Environmental Documents SECTION 6 Public Participation a. Public Hearing Procedure SECTION 7 Retention and Availability of Comments SECTION 8 Fee for Review of EIRs SECTION 9 Review of Decision of Planning Commission by City Council SECTION 10 Appeal of Decision of Planning Commission by City Council; Hearing ~age 40 43a 44 45 46 46 46 47 47 48 48 48 49 RULES AND REGULATIONS OF THE CITY OF SANTA ANA IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 (AS AMENDED FEBRUARY 4, 1974) ARTICLE I GENERAL SECTION l. SECTION 2. Authority. The rules and regulations contained herein are adopted by the Santa Ana City Council pursuant to the California Environmental Quality Act of 1970 to be followed by the City in the im- plementation of the Environmental Quality Act of 1970 dealing with the environmental quality, the evaluation of projects, and the preparation and evaluation of Environmental Impact Reports. The purpose of these rules and regulations is tc provide the City with principles, objectives, cri- teria, and definitions of statewide application to be used in the implementation of'the California Environmental Quality Act of 1970 (Public Resources Code §§ 21000 -. 21174) as amended by Chapter 1154 of the Statutes of 1972 (AB 889) and the Guidelines fdr Impl.ementation of the California Environmental Qqality Act as adopted and as amended from time to tim~ b~ ~'he Secretary of the California State Re- sources Agency, These rules and regulations provide for the orderly evaluation of prcjects and the pre- paration of Environmental ~mp~¢~-Rep~s documents. SECTION 3. Information Document. An Environmental Impact Report is an information document which, when fully prepared in accordance with the Califorria Environmental Quality Act, hereinafter referred to as CEQA, and the Guidelines for Implementation cf the California Environmental Quality Act of lg70 propounded by the Secretary of the California Resources Agency, will inform public decision- makers and the~general public of'the environmental effects of projects proposed, to be carried out or approved by the City of Santa Ana. This environ- mental impact process is intended to enable the City of Santa Aha to evaluate a project to determine whether it may have a significant effect on the environments examine end institute methods of re- ducing adverse impacts, and consider alternatives to the project as proposed. This procedure must be. carried out prior to the approval or disapproval of any project proposed to the City of Santa Aha. An Environmental Impact Report may not be used as an iQstrum~nt to rationalize approval of ~he a project, nor do ~di:gtjons of adverse impact, as enunciated in an 'Environmental Impact Report require that a project be d~sapp.roCbd. While C__EQA requires that major, con- sideration be given to preventing environmental damage, the City of Santa Ana has the obligation to balance -2- other public objectives, including economic 9~ social factors in determining whether and how a project should be approved. Econo- mic information may be required in an EIR. -2a- SECTION 4. SECTION 1. SECTION 2. SECTION 3. Scope. The scope of these Guidelines is not in- tended to be comprehensive or to cover any and all circumstances that may arise in the Environ- mental Impact Report procedure, but are intended to act as a guide to thE: Santa Ana City Council, its various Boards., Commissions, and Departments in th() approval of Environmental Impact Reports. ARTICLE II DEFINITIONS General. Whenever the following words are used in these rules and regulatiors, unless otherwise de- fined, they shall have the meaning ascribed to them in this Article. Applicant. App!icant means a person who proposes to carry out a project which needs a lease, permit, license, certificate, or other entitlement to use or financial assistance from one or more public agencies when t~at person applies for the govern- mental approval or assistance. Approval means the decision by the Santa Ana Plan- ning Commission or the Santa Ana City Council which commits the, City to a definite course of action in r~:gard, to. a'prcjec.t intended tc be carried out. by any persoQ~ The exact date of approval of any pro-. ject is a matter to be determined by the Santa Ana -3- SECTION 4. SECTION 5. Planning Commission or the Santa Ana City Council, according to its rules, regulations, and ordinances, Legislative action in regard to a project constitutes approval. In connection with private activities, approval occurs upon the earliest commitment to issue or the issuance by the City of a discre- tionary contract, grant, subsidy, l'oan or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. CEQA California Environmental Quality Act. CEQA means the Environmental Quality Act of the State of California and in particular, California Public Resources Code §§ 21000 - 21174. Categorical Exemption. Categorical exemption means an exception from the requirement~ feF-~he-prepa~a- ~en-ef-a~-E~v+~enme~a~-~mpee~-Re~e~-fe~-a-e~ass-ef p~e}e~s of the CEQA based on a finding by the Environmental Impact Evaluator or the Environmental Review Commit- tee of the City of Santa Ana, theft th~ project comes within ~hos'~ classes of pscjects determined by the Sec'ret~ry~,of the, California State Resources Agency, ~ha~he-pa~+e~aP-p~e~ee~-dees a~s not have havin~ a significant effect on the environment, which classes of projects are se~ forth in Article III, § 3 herein. -4- SECTION 6. SECTION 7. SECTION 8. SECTION 9.: Discretionary Project. Discretionary project means an activity defined as a project which requires the exercise of judgment, deliberation or decision on the part 'of the City of Santa Ana approving or dis- approving a particular activity, as distinguished from situations where the City of Santa Ana has ~o determine whether there has been conformity with applicable statutes, ordinances, or regu- lations. Emergency. Emergency means a sudden ea~ae~eph+e ea~am~y-eaused-by-an unexpected occurrence e~-eem- b+na~en-ef-eeeu~enees-ef-s~a~ew~de-er-~eea~-~mpae~ sueh-ae-f+~eT-~eed~-ea~hquake-e~-e~he~-na~u~a~-d~s-- as~e~-w(e~T-waP~-aee+den~-e~-sabe~age demanding imme- diate action to life, health, Environment. tions which affected by prevent or mitigate loss or damage to property, or essential public services. Environment means the physi.cal condi- exist within the area which will.be a proposed project including land, air, fauna, ambient noise, objects water,,minerals, flora, of histordc or aesthetic significance. En:vironmentaq ~Assessment Form (ENAF). .Environmental assessme6't form, when completed, is a written des- cription of a project which is sufficiently detailed to enable the Environmental Impact Evaluator to deter- mine if the project may h~:ve a significant effect -S- SECTION 10. on the environment. Environmental Documents. Environmental documents means Draft and Final EIRs, Initial Studies, Negative SECTION 11. SECTION 12, SECTION 13.' Declarations~ Notices of Completion~ and. Notices of Determination. Environmental Impact Evaluator sh~;11 be the Direc- tor of Planning of the City of Santa Ana or someone designated by him, who in his capacity as Environ- mental Imp~,ct. Evaluator shall determine whether projects to be approved or carried out by the City of Santa Ana may have a significant effect on the environment. EIR - Environmental Impact Report. Environmental Impact Report (EIR) means a detailed statement setting forth the environmental effects and consi- derations pertaining to a project as specified in § 21100 of the California Environmental Quality Act. a. Draft EIR means an EIR containing the information as specified in these rules and regulations, as set out in Article IV, Sections 2, 3, and 4. b. Final EIR (FEIR) means an EIR containing the information as specified in these r~,les and regulations, and in particular in Article IV, Sections 2~ 3, 4, and '5 of these rules and regu-. · i':atio.ns,~ a -~e~tib.n for comments received in the consultation process, and the response of the Santa Aha Planning Commission or Santa Aha City Council to the comments received. EIS - Environmental Impact Statement. EnVironmental SECTION 14. SECTION 15. SECTION 16. SECTION 17. entity SECTION 18. Impact Statement (EIS) means an impact report prepared pursuant Environmental Policy Act (NEPA). Government uses the term EIS in the term EIR which is used in CEQA. Environmental consisting of environmental to the National The Federal place of the Review Committee means a committee representatives from the Planning Department, the Department of Public Works, the Department of Parks and Recreation, the Fire Depart- ment, and any other Department of the City of Santa Ana, designated by the Environmental Impact Evaluator to act in an advisory capacity to the Environmental Impact E~'aluator. Feasible. Feasible means capable of being accom- plished in a successful manner by reasonably avail- able, economic, and workable means. Initial Study. Initial StudS means a preliminary_ analysis prepared by the Environmental Impact Eval- uator pursuant to these rules and regulations. Lead Agency. Lead Agency means the pub)+e a§e~6y public entity which has the principal responsibility for preparing environmental documents and for carrying out Wpproying effect on a§ency is Local Agency. Local Council or Planning a proJelct which may have a significant the environment where more than one public involved with the same underlying activity. agency means the Santa Ana City Commission. -7- or SECTION 19. SECTION 20. SECTION 21. SECTION 22. Minister.iai ~r~jects. Ministerial projects as a general rule, include those activities defined as projects which are undertaken or approved by govern- mental decision which the City of Santa Aha or its employees makes upon a given state of facts in.a prescribed manner in obedience to the mandate of legal authority, With these projects, the City of Santa Aha or its employees must act:upon the given facts without regard to his own judgment or opinion concerning the propriety or wisdom of th( act al- though the statute, ordinance, or regulation may require, in some degree, a construction of its lan- guage by the City or its employees, Negative Declaration. Negative Declaration means a statement by the Environmental Impact Evaluator w~-ean~y-eut-eP-app~eve-a-p~e~ee~-~ha~-a-p~e~ee~ a~heugh-ne~-ea~ege~+ea~y-e~emp~ briefly present the reasons that the ~oject., although not otherwise exempt, would not have a significant effect on the environment~ and, therefore, does not r~quire an EIR. ~h~e~m-UE~emp~ien-Bee)a~a~e~-~s-+~e~ehangeab~e Notice'of.'iCompleti~n. No~ice of Completion means a brief re~o~rt filed with the Secretary for Resources as soon as a local agency has completed a draft EIR and is prepared to send out copies for review. Notice of Determination. Notice of Determination means a brief notice to be filed by the City of SECTION 23. SEGS~QN-24. SECTION 24. SECTION 25. Santa Ana when it approves or determines to carry out a project which is subject to the requirements of the CEQA. Person. Person. includes any person, firm~ associa- tion, organization, partnership, business, tFust, corporation, company, district, county, city and county, city, town, the State, and any of the agen- cies' political subdivisions of such entities. de~e~p~e~-ef-a-p~ejee~-wh+eh-~s-suf~+e~e~y-~e~a+~eU- ~e-eBab~e-~he-E~v+e~Bme~a~-½mpae~-Eva~uabe~-~e- ~e~e~m~ne-~f-~e-pme~ee~-may-Nave-a-~+g~ea~-effe~ e~-~he-e~v~eRme~. Plannin9 Dgpartment. Planning Department shall mean the Planning Department"~f the City of Santa Ana unless otherwise indicated. Project means the whole of an action, resulting in physical impact on the environment, directly or ultimately, that is any of the following: (1) an activity directly undertaken by any local agency including but not limited to public work's:'construction and related activities, ":. clea~.ing or Or~ding of land, improv'ements to existing public structures, enactment and amendment of zoning ordinances, and the adop- tion of local General Plans or elements th(:reof ~U?suant to Government Code Sections 65100 65700. -9- an activity undertaken by a person which is supported in whole or in p=rt thr'ough local agency contracts, grants, subsidies, loans, SECTION 26. SECTION 27. or oth(:r forms of assistance from one or more local agencies. {3) an activity involving'thE issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more local agencies. {b) Project does not include: (1) Anything specifically exempted by state law; (2) Continuing administrative or maintenance activities, such as purchases for sup- plies, personnel-related actions, emer- gency repairs to public service facilities general policy and procedure making {ex- cept as they are applied to specific in- stances covered above), feasibility or planning studies. (3) Th(: submittal of proposals to a vote of the people of the City of Santa Aha. (c) The term "prgject" refers to the underlyin~ activity and not to the governmental approval process. Public ~gen~. Public a~j_~cy means th6: Santa Ana Planning Director acting ~s'the Environ'mental Impact Evaluator or someone designated by him to act as the Environmental Impact City of Santa Ana. S,ignificant Effect. substantial adverse Evaluator acting on bE. half of the Significant effect means a impact on the environment. -10- 'ARTICLE III - EVALUATING PROJECTS SECTION 1. SECTION 2. Determination of "Project". The Environmental Impact Evaluator shall determine first, whether any given proposal constitutes a "project" as defined in these rules and regulations. (a) Emergenc~ Project Exception: The following emer- gency projects are exempt from the requirements for environmental impact repoKts: (1) Projqcts undertaken, carried out, or approved by the City of Santa Ana to main- tain, repair, restore~ demolish or replace property or facilities damaged or destroyed as a result of a disaster in a disaster- stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division l, Title 2 of the Government Code. (2) Emergency repairs to public service facilities necessary to maintain service. (3) Projects undertaken as immediate action , necessary to prevent or m~[igate an emergency. De~ermi. pation of ~inisterial or Discretiona?~. The E~vironmenta~ Impact Evaldator shall de'termine whether or not the~roject requires "ministerial" or "discre- tionary'' action by the Ci'ty of Santa Aha. If only ministerial action is required, no p~e~+m~a~y-~ese~+p~e~ ~n',ironmental assessj]lO~ form nor Environmental Impact SECTION Report shall be required for the project. a. For the purposes of these rules and regulations, the issuance of building permits, business licenses, the approval of final subdividion maps, or individual utility service connections and disconnections, are "ministerial" acts. Categorical Exemptions. If the Environmental Impact Evaluator finds that a specific proposal is a "discre- tionary project" then he shall make a determination as to whether or not the project is exempt from filing a-P~e~m~a~y-E~v~e~me~a~-~es~p~en-a~ an Environmental using the following list of categorical have been found by the Secretary of the not to have a significant effect on the Impact Report by exemptions which Resources Agency environment. (a) Class l: Existing Facilities. Class 1 consists of the operation, repair, maintenance or minor altera- tions of existing public or private structures, fa- cilities, mechanical equipment, or topographical features, involving negligible.or no expansion of use. beyond that previously existing, including but no~ limited..to: (i)" Interior' or exterior alterations involving such things as interior partitions, plumb- conveyances; of both investor, and used to eenvey-e~ ing, and (2) Existing publicly electrical facilities owned utilities (3) (4) d+s~r~bu~e provide electric power, natural gas,' ~ewerage sewage'~-eke,~ or other public utility services. Existing highways and streets (within al- ready established rights-of-way) sidewalks, gutters, bicycle and pedestrian trails, and Similar facilities; Restoration, or rehabilitation of deterio- rated or damaged structures, facilities or mechanical equipment to meet current stan- dards of public health and safety, unless it is determined Chat the damage was sub- stantial and resulted from hazard such as earthquake, flood; an environmental landslide or (5) Additions to existing structures provided that the addition will not result in aQ in- crease of more than 50 percent of the floor area of the structure before the addition eP-a~ePa~+en, or 2500 square feet, which- ever is less~ .(6~ ,.Addition of safety or health protection de- ~ vice~ for use during construction of or in .;conjunctton'wit~ existing structures, ~cilities or mechanical equipment, or topo- ,graphical features, including navigational devices, whePe-~hese-dev+ees-~e-ne~-have-eP Pesu~%-~-an-adve~se-env~enmen~a~-~mpae~i (b) (7) (8) New copy on existing on and off-premise signs; Maintenance of existing landscaping, native growth and water supply reservoirs {excluding the use of economic poisons, as defined in Division 7, Chapter 2, California Agricul- tural Code}; Maintenance of fish screens, fish wildlife habitat areas, artificial ..~.ignated by Federal, .Cl~ssi2: Repl'acement'or (9) ladders, wildlife waterway devices, streamflows, springs and waterholes, and stream channels {clearing of debris) to protect fish and wildlife re- sources. {10) Fish stocking by the California Department of Fish and Game. {ll} Division of existing multiple family rental units into condominiums. (12) Demolition and removal of buildings and re- lated structures except where they are of historical, archaeological or architectural eenseqee~ee significance as officially des- State or local governmental Reconstruction. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the -14- (c) structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (1) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 50 percent. (2) Replacement of a commerci=l structure with a new,structure of substantially the same size and purpose. Class 3. New Construction of Small Structures. Class 3 consists of construction and location of single, new small facilities or structures }(s~ed (~ ~h+s ~e~+ee and installation of small new equipment and facilities including but not limited to: (1) Single family residences not in conjunction with the building of two or more such units. (2) Motels, apartments, and duplexes designed for not ~or~ than four dwelling units if ' not in'conjunction with the building of two ~' o?r more such structures. · (3).~Stores,.~ffices~ and restaurants if designed fo~ an occupant load of 20 persons or less, if not in conjunction with the building of two or more such structures. -15- (d) (4) Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction; (5) Accessory (appurtenant) structures including pools .garages, carports, patios, and fences Class 4: Minor Alterations to swimming Land. Class 4 consists of minor public or private alterations in the condition of land, water and/or vegetation, ~ne~ud~g bu~ ne~ ~m~ed ~e which do not involve removal of mature, scenic trees excep~ (z) ..,.~ee and agricultural purposes. Examples for forestry include but are not limited to: (1) Grading on land with a slope of less than l0 percent, except where it is to be located in a waterway, in any wetland, in an offi- cially designated (by Federal, State or local governmental action) scenic area, or in offi- cially mapped areas of severe geological hazard. New gardening or landscaping bu~ ne~ ~ne~ud~ng ~emeva~. (3)' Filling.of earth into previously excavated land with material compatible with the natu- ral features of the site; (4) Minor alterations in land, water and vegetation on existing officially designated wildlife -16- management areas of fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production; (5) Minor temporary uses of land having negli- gible or no permanent effects on the environ- ment, including carnivals, sales of Christmas trees, etc. (6) Minor trenching and backfilling where the surface is restored. (e) Class 5: Alterations in Land Use Limitations. (fl Class 5 use limitations, except zoning, limited to: (1) Minor lot line ~djustments, consists of minor alterations in land including but not side yard and set back variances not resulting in the creation of any ne~: parcel nor in any change in land use or density; (2) Issuance of minor encroachment permits. Class 6: Information Collection. Clqss 6 consists of basic data collection, research, 'experimental management and resource evaluation · act!.y~t~es ~'hich do hot result in a serious or major distu,r?nce to an environmental resource. These may be for strictly 'infOrmation gath(:ring purposes, or as part of a study leading to an action which a public agency entity has 'not yet approved, adopted or funded. ~ -17- (g) (h) Class 7: ~egulatory Actions for Protection of Natural Resources. Class 7 consists of actions taken by regulatory agencies, as a~thc~rized by state law, or local ordinance, to assure the maintenance, rE'storation, or enhancement of a natural resource §u~ ~e~ ~m~ed ~e a w~d~fe p~ese~va~en where the regula.t~ry process involve~ procedures for protection of the environment. Examples include but are not limited to wildlife preservation acti- vities of the State Department of Fish and Game. Construction activities are not included in this exemption. Class 8: Re§u~a~ePy Actions bs Regulatory Agencies for the Protection of the Environment. Class 8 consists of the actions taken by regulatory agencies, as authorized by state law or local or ordinance,-to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatorS process involves procedures for protection of the environment. Construction acti- viti'es., are not included in this exemption. C)ass 9: I~pections.' Class 9 co'nsists of activities limited entirely to inspection, to check for performance of an operation, or quality, health or safety of.a project, including related activities -18- (J) such as inspection for possible mislabeling, misrepresentation or adulteration of prodl~cts. Class 10: Loans. Class l0 consists of loans made by th() Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages'for the purchase of existing structures where the'loan will not be used for new construction (k) and the purchase of such mortgages by financial instituti6ns. Claus l0 includes but is not limited to the following e~amples: .(a) Loans made .bY th.e .Department of Veterans Affairs under th() Veterans Farm and Home Purchase Act of 1943. (b) Purch~Ases of mortgages from banks and.m~ortgage Fompanies by the Public Employees Retirement System and bY the State Teachers Retirement System. Class 11: Accessory Structures. Class 11 consists of constr~,ction, or placement of minor structures accessory to (appurtenant .to). ,.existing commercial, industrial, or institu- ti'onal .f~l:i.l. ities, i~ncluding but not limitE, d to: (1)" On-premise signs {2) Sl~all parking lots Class 12: Surplus Governmental Propert~y. Sales. Class 12 consists of sales of surplus, government property except for p~,rcels of land located in an area of statewide interest or potePtial are.e.._o__f ~ -19- SECTION 4. critical concern as identified in the Governor's (m) Environmental Goals and Policy Report of June 1, 1973. Exception by. Location. Class 3, 4, 5, 6, and 11 are qualified by consideratiors of where the project is to be located -- a project that i.s ordinarily insignificant in its impact on the environment may in a ment be significant. considered to apply in the project may impact e~ ha~a~ of hazardous particularly sensitive environ- Therefore, these classes are all instances, EXCEPT where on an environmental resource, or'critical concern as may be hereafter designated, precisely mapped, and officially adopted pursuant to law by Federal, State, or local~ agencies. Moreover, 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 additions to an existing building under Class 1. Environmental Assessment Form (EIIAF). If the Envirenmen~al Impact Evaluator finds that a specific propo~al']is a dis'cretion~ry project aRd-+s-nee-e~emp~ u~de~-~he-ea~ege~ea~-e~em@~ens ~o~ede~c~bed, the Envirenmental Impact Evaluator shall then require of -20- the person making the specific proposal to submit to the Santa Ana Planning Department, an ERv~eeemeR~a~ Pwe~m~na~y-gesew~p~e~-~PED) Environmental Assess- ment Form (ENAF) on a form supplied by the Santa Ana Planning Department. After the PEg £NAF ~s filed w~th the Planning Department, the Environmental [mpect £valuator shall m~ke a determination whether or not there is a possibility that the= project may have a significant effect on the environment. (a) ge~ewm~a~en-ef-Emv~enmen~a~-~mpaee-Evaaua~ew. Negative Declaration ~he-E~v~e~men~a~-~mpae~'-Eva~ua~ew-may-make a-de~e~m~na~e~-ee-h~s-ewn-whe~e~-e~-ne~-~he spee~e-pee~ee~-may-have-a-s~ge~f~a~-effee~ ee-{he-e~v~eRme~-ew-~e-~he-a~ee~a~ve~-~he E~v~enmen~a~-~mpae~-Eva~aa~e~-ma~-sebm~ ~he-Env~eenmen~a~-P~e~m~nae~-gesee~p~e~-~e ehe-Env~enmen~a~-Rev~ew-~emm~{tee-fee-a-ee- v{ew-and-~he~w-eemaen~-whe~hee-e~-ne~-~he-spee~f~e pwe~ee~-ma~-pese~b~e-have-a-e~§n~f~eaR~-effee~ eR-~he-env~weRmen~--Af~ee-~he-Env~eenmenta~-Re- ~w:Gemm+~ee-has-made-~s-eemmen~s-*he .'EnV+ee~meB~a~-tmpae'~-Eva~ua~ew-sha~-ma~e-a de~e~m~na~en-whe~hew-er-no~-~he-prejee~-may pess(b)y-have-a-s+§n+f+ean~-effee~-en-the-env+eenmen~. The pKepare a negative declaration which could potentially have a effect on Environmental Impact Evaluator shall for a project significant the environment, but which the Environmental Impact Evaluator finds on the basis of an Initial S~ud~ will not have a significant effect on the en- vironment. This determination can be made indepen- dently by the Environmental Impact Evaluator or in conjunction with the Environmental Review Action Committee (ENRAC). The Environmental Impact Evaluator shall consider Section 15081 and 15082 of the Guide- lines for Implementation o'f the California Environ- mental Quality Act tion as to whether or not have a significant effect (1) Contents of Negative of 1970, in making his determina- the project may possibly on the environment. Declaration. Env~eRmen~a~-~m@a~-Eva1~a~e~-~d~-~ha~ ~he-nen-e~emp~-d~se~e~ena~y-p~e~e~-w4~-~e~ pess~b~y-have-a-s~g~4~4~an~-e~fee~-e~-~he eRv~e~me~-~he-E~v~renme~a~-~mpae~-Eva~ua~e~ .,:.sha))-~ssae-a-Nega{+ve-Deela~a~eB-$~a{~§-~ha{ {he-@~e~ee~-eeu~d-Be~-pess+b~y-have-a-s~§~+f~- "eaB~-effe~-e~-~he-e~v~e~me~--~he-Ne§a~¥e ~e~§~h. -22- A Negative Declaration mus~., include, a brief description of the prgject as prot posed, a finding that the p.roject will not have a significant effect on the A.nvironment, a brief statement of reasons ~.o.sopport the findings, and a statement indicating who prepared the initial study and w~e~e a cops' of it may be obtained. The Negative Declaration should normally not exceed one page in length. (2) F~+ng Public Avail.ability of Negative Declaration. ~ke-~nv+~enmen~a~-~mpaet-Eva~ua~e~-~ka~ w$%h-%he-O~an§e-Geun%y-G~e~k-w+~h+~-a-suff~- e(en~-)en§~h-ef-~me-pF+ew-~e-ehe-appPeva~ e~-a+sappeeva~-e¢-~he-p~eSee~-by-~he-~eea~ a§eney-~a-eeder-~e-peev+aeoae-eppew~un+~y-fe~ 'the-membePs-ef-~he-p~b~+e-~e-eespend-ee-~he f$nd+~§-een%a+~ed-+n-~he-Nega~+ve-gee~a~a~en. ~ The Negative Declaration shall be made available ~- .~o the, public with sufficient time before ~'h~p'~oj~ Js/a'pproved to provide an ~[unity for members of the public to respond to the findin.g. (3) Submission of Negative Declaration ~o [he Local Agency. The Environmenta~ Impac% -23- SECtiON (4) Evaluator shall then submit the Negative Declaration to the local agency at the time it is called upon to approve or disapprove the project, The findings of the Environment- al Evaluator in the Negative Declaration shall be final unless the local agenc~ wishes to review those findings and make a contrary finding. Filing of Notice of Determination. After the local agency has approved or dis- approved the project, the:Environmental Impact Evaluator shall file a Notice of Determination with the Orange County Clerk along with a copy of the Negative Declaration. p~ev~eus~y-f~ed-w~h-~he-~a~ge-~eun~y-~eFk. The Notice of Determination shall include the decision of thE. local agency to approve or disapprove the project, the determination of the local agency whether the project may possibly have a significant effect on the environment, and whether an EIR has been pre- ~ ~ared pursuant to the provisions of the CEQA. ~ecis.ion tO Pre~'are an EIR'. If the En'vironmental Impact Evaluator finds, after the initial study, that a discretionary project may passably have a significant effect on the environment, then the Environmental Impact Evaluator may prepare or cause to be prepared a -24- Draft Environmental Impact Report (DEIR). (a) Project by Private Party. If the project is to be carried out by a non-governmental person, the Environmental Impact Evaluator may require such person to submit data and information necessary to enable the local agency to pre,are thE: EIR. This information may be transmitted in the form of a draft EIR, but thE: Environmental Impact Evaluator must exdmine this draft and the informa- tion contained within it to assure himself of its accuracy and objectivity and amend the draft if necessary. For this purpose the Environmental Impact Evaluator may submit the draft EIR to thE: Envircnmental Review Committee. The DEIR which is sent out for public review must reflect the independent judgment of the Environmental Impact Evaluator. The EIR in its final form must re- flect the independent judgment of the local agency. (b) Contents of Draft EIR. T'he contents of the ~af~ DEIR shall consist of the information spe- ci.fied in Article IV, Sections 2, 3, and 4. tn .p~.epaP~§-~.e Before completing a dPaf~ D_EIR, the Environmental Impact Evaluator m~s~ should consult directly with .~ny person or organization which he believes will be concerned with the Environmental effects of the project. After -25- (c) completing a DEIR, the Environmental Impact Evaluator must consult with and obtain the comments of, any public agency which has juris- diction by law with respect to the project and may consult with any person who has special expertise with respect to any environmental impact involved. Opportunity for comments from the general public should be provided. The Environmental Impact Evaluator shall evaluate comments received from persons who reviewed the U~af~ DEIR. Notice of Completion. As soon as the draft EIR is completed, but before copies are sent out for review, an official notice stating that the draft EIR has been completed must be filed with the Secretary of the Resources Agency. The Notice shall include a brief description of the project, its proposed location, and address where copies of the EIR are available. This notice shall be referred to as a Notice of Completion. The form for this Notice shall be supplied by the Santa Aha P}6nndng Department. WhE~re the EIR is required to be revie_wed, through;the State review process handled ~ the State Clearing House, a Notice of Intent Will be completed and filed with the State Clear- ing House. A Notice of Intent will serve as the Notice of Completion, and no Notice of C6mpletion need be sent to the Resources Agency. The form -26- for this Notice of Intent.shall be supplieq by the Santa Ana Planning Department. (d) Preparation of Final EIR. The Environmental Impact Evaluator ~hall then prepare a final EIR. The contents of a final EIR are specified in Article IV, Section 7, of the Rules and Regula- tions. (e) Presentation of Final EIR to Local Agency. The final EI~ shall be presented to the local agency making the decision for approval or dis- approval of a project.' The local agency shall adopt the final EIR and ee~s~de~-~he-een~en~s (f) ef-~he-~epe~-whe~-~-makes-a-de¢~s~e~-en-~he p~e~ee~ certify that the final E[R has been completed in compliance ~ith the CEqA and these and re~ulations~ and theft th(:,decision-making body or administrative offi.cial having final ~pproval ~uthority over theproject has r~viewed and cons.~dered the information EIR. Fin.al Notice of Determ~ination. cpntained in the After making a d~cis'ion,~on..the project, the loca.1 agency shall 'file a notice of action taken on the project. This notice shall be referred to as th(~ Final Notice of Determination. Such notice shall include rules -27- (g) (1) the decision of the agency to approve or disapprove the project, (2) the determination of the agency, whether the project will or will not h~.ve a significant effect on the enviro'nment, and (3) wke~hew-aR a statement that an EIR has been prepared pursuant to the provisions of:the CEQA. The Final Notice of Determination shall be filed with the County Clerk of Orange County. Additional Notice. The Environmental Impa:t Evaluator may file such additional notices as may be desirable in implementing these rules and regulations, including but not limited to notices relating to a determination that a project is categorically exempt, a project is covered by the emergency exemption or the ministerial exemp- tion, or that an activity is not covered by the act at all. -28- SECTION 1. SECTION 2. SECTION 3. ARTICLE IV CONTENTS OF ENVIRONMENfAL IMPACT REPORTS General. Environmental Impact Reports sh~ll contain the information outlined in this article. Description of Project. The description of th(: pro- Ject shall contain the following information but s'hould not supply extensive detail beyond that needed for eval- uation and review of the environmental impact. (a) The precis6 location and boundaries of the Froposed project shall be shown on a detailed map, prefer- ably topographic. The location of the project shall also appear on a regional map. (b)A statement of the objectives sought by project. (c) A general description of the project's technical, economic, and environmental characteristics, con- sidering the principal engineering proposals and supporting public service facilities. Description of Environmental Setting. An EIR must in- clude a description of the environment in thE. vicinity of the prpject as it exists before commencement of the prdject, fron)~oth a local a..nd regional perspective. Knowledge of the regional settiog is critical to the assessment o~ environmental impacts. Special emphasis should be placed on environmental resources th~:t are rare or unique to that region. Specific reference to -29- the proposed SECTION 4. related projects, both public and private, both existent and planned, in the region should also be included, for purposes of examining the possible cumulative impact of such projects. Environmental Impact. All considered when e~aluating phases of a project must be its impact on the environment: planning, acquisition, d'evelopment and operation. The following subjects shall be discussed, preferably in (b) separate sections or paragraphs. (a) The Environmental Impact of the Proposed Action. Describe the direct and indirect impacts of the project on the environment, giving due consideration to both the short-term and long-term effects. It should include specifics of the ar6a, the resources involved, physical changes, alterations to ecological systems and changes induced in population distribu- tion, population concentration, the human use of th(: land (i. ncluding commercial and residential development) and other aspects of thE~ resource base such as water, scenic quality and public service. Any Adverse Environmental Effects Which Cannot Be Avoided if the Proposal is Implemented. Describe .any ~dverse 'impacts, including those which can be reduced to an insignificant level but not eliminated. -30- Where there are impacts that cannot be alleviated without imposing an alternative design, their impli- cations and the reasons why the project is being proposed, notwithstanding their effect, should be described. Do not neglect impacts on any aesthe- tically valuable surroundings, or on human health. (c) Mitigation Measures Proposed to Minimize the Impact. Describe any mitigation measures written into the project plan to redJce significant environmentally adverse impacts to insignificant levels, and the basis for considering these levels acceptable. WhE:re a particular mitigation measure has been chosen from among several,alternatives shot(ld be discussed and re,sons should b(~ given for the choice made. (d) Alternatives to the Proposed Action. Describe any known alternatives to the project, or tc thE~ location o~ 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 alsc~al, weys be evaluated, along with the impa'6t. Attention should be paid to alternatives capabl~of substantially reducing or eliminating any environmentally adverse impacts, even if these -31- (e) (f) alternatives substantially impede the attainment of the project objectives, and are more costly. The Relationship Between Local Short-Term Uses of Man's Environment and the Maintenance and Enhance- ment of Long-Term Productivitx. 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 proposed project is believed by the sponsor to be justified now, rather than reserving an op- tion for further alternatives, should be explained. ~ny Irreversible Environmental Changes Which Would Be Invelved in the Prcposed Action Should 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 makes removal or nonuse thereafter unlike- ly.~ ~Primary impacts and, particularly, secondary imp'acts (such as a highway improvement which pro- 'vi'des access to a nonaccessible area) generally commit future generations to similar uses. Also irreversible damage can result from environmental -32- SECTION 5. accidents associated with the project. Irretret- vable commitments of resources should be evaluated to assure that such current consumption is justifi.ed. (g) The Growth-Inducing Impact of the Proposed Action. .Discuss the ways in which the proposed prcject could foster economic or population growth, either directly or indirectly, in the surroundin~ environ- ment. Included in this are projects which would remove obstacles to population growth (a major expansion of a waste water treatment plant might, for example, allow for m'ore construction in service areas). Increases in the population may furthE:r tax existing community service facilities so con- sideration must be given to this impact. Also dis- cu.~s the characteristic of some prcjects which may encourage and facilitate other activities that could significantly affect the environment, either indivi- dually or cumulatively.' It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the envir, onment. O~ganizations~nd Persons Consulted. T. he identity of all federal, state or local agencies, other organiza- tions and private individuals consulted in preparing the EIR, and the identity of the persons, firm or -33- SECTION SECTION 7. agency preparing the EIR, by contract or other author- ization must be given. 6. Water Quality Aspects. With respect to water quality aspects of the proposed project which have been pre- viously certified by the appropriate state or inter- state organization as being in substantial compliance with applicable water quality standards, reference to the certification should be made. Contents of Final Environmental I~pact R~ort. (a) The Final EIR shall consist of the Draft EIR con- taining the elements described in Sections 2, 3, and 4 of this Article IV, a section listing the omgagizationsand persons consulted under Article (b) ,),V,, Section 5 and containing the comments received through the consultation process described in Article VI, either verbatim or in summary, and the respense of the Local Agency to the significant environmental points raised in the review and con- sultation process. The response of the-Local Agency to comments reaeived may take the form of a revision of the draft EIR o'r may be an attachment to th(: Draft EIR. The response shall describe the disposition of significant environmental issues raised (e.g., revisions to the proposed project to mitigate -34- SECTION 8. (a) anticipated impacts or objections), In particular the major issues raised when the Local Agency's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted, and factors cf overriding importance warranting an override of the suggestions. Degree of Specificity. The degree of specificity required in an EIR will correspond to the degree of specificity inyolved in the underlying activity which is described in the EIR. An £IR on a construction project will (b) (c) ne,cessarily be more detailed in thE: specific effects of t~e project than will be an EIR on the adoption of a local general plan or comprehensive zoning ordinance because the effects of-the construction can be predicted with greater accuracy. An EIR on projects such as the adoption or amendment of a comprehensive zoning ordinance or a local general plan should focus on the secondary effects that can be &xp~c~ed to follow from the adoption, but the EIR need not be as detailed as an EIR on the specific const¥ection projects that might follow. The requirements for an EIR on a local general plan or element thereof will be s.atisfi~d__by'}he general -35- plan or element document~ i.e.~ no separate EIR will be required, if: (1) the general plan addresses all the points required to be in an EIR by Article IV of these Rules and Regulations; and (2) the doc~ment contains a special section or a cover sheet identifying where the general plan document addresses each of the points required. -36- r SECTION 1. ARTICLE V. APPLICATION OF RULES AND REGULATIONS TO PROJECTS Projects a. Control.led by the Local Agency P~ejee~s. When the local agency plans to carry out o~r ~pprove a project which may have a significaht effect on the environment, the local agency shall prepare an-EtR environmental documents through its own efforts or ~hreugh by contract unless the proj.ect is otherwise exempteq, by these Rules ap.d Regulations. Where a project which on the environment is governmental person subject may have a significant effect to be carried out by a non- to approval, financial support, or some other involvement by the local agency, the local agency will prepare an-E~R environmental documents by its own efforts or by contract. However, the.local agency may require the person to supply data and information, both to determine whether the project may have a signi- ficaht effect on the environment, and to assist in "thc p[e~a.~ation of an EIR by the local agency. 'T~is/'information may (abe be submitted in the form of a dr~t EIR, if the local agency desires. I~f information is provided in thE~ form of a draft EIR, th~: public agency may not use the draft. EI~R as its own without independent evaluation and analysis. The draft EIR which is sen~ out for public review must reflect the independent judgment of the public agency. The public agency should require an appli- cant to specify to the best of his knowledge which other public agencies will have approval authority over the project. The EIR may be prepared as a separate document, or as a part of a project report. If prepared as a part of the project report, it must still contain in one separate and distinguishable section the elements required of an EIR, includin~ the seven ~lements specified in Article IV, these rules and regulations. All public and private activities pursuant to or in furtherance of a Section 4 of or undertakings redevelopment plan constitute a single project, which shall be deemed appr6ved at the time of the adoption of the redevelopment plan by the Santa Ana City Council. The EIR in connection with the redevelopment plan shall be submitted in accordance with Section 33352 of the Health and Safety Code. All Jf the above is subject to the lead agency' principle which provides that not more than one EIR shall be prepared in connection with the same -38- SECTION 2. SECTION 3. underlying .activity and that the EIR shall be pre- pared by the Lead Agency. Pe+va~e-P~e~ee~s~--P~e~ee~-unde~aken-by-a-pe~se~ e~hee-~han-~he-~eea½-a§eney-w~eh-a~e-suppe~ed .~n-whe½e-e~-pae~-~h~eugh-een~ae~s~-§~an~s~-sab. sSd+es~-~ea~s~-e~-e~hee-fe~ms-ef-a~s~s~aace-f~em ene-ee-meee-§evewn~e~a)-en~+~+es-ew-wh(eh-+nve~ve ~he-$ssuanee-~e-a-pe~se~-ef-a-~eases-perm+~ ~+eense~eee~+f+ea~e~-e~-e~he~-en~+~½emen~-~e-use by-eRe-ew-meee-§evePRmen~a~-en~+~(es-PequSees-~he peepa~a~+en-ef-an-Env+renmen~a½-Empeet-Repee~-~f ~he-p~ejee~-may-have-a-s+gn+f+ean~-effee~-e~-~he env$~enme~---a~d-~he-pwejee~-+~ve~ved-a~se~e~+ee- aey-§eve~nme~a~-ae~en-u~)ess-~he-peejee~-(s e~heew+se-e~emp~ea-by-~he-~u~es-a~a-~e§u~a~+ens. )'he-geveenme~a~-e~+~y-w(~h-d+sewe~+e~aey-een~e~ ever-~he-peejee~-sha½~-be-eespe?+b~e-fee-p~e- pae~g-~he-Env+we~men~a~-~mpeet-Repe~. Subsequent £[R, ~here an E[R has been prepared, no additional £[R Need be prepared unless: (&) Substantial changes are proposed in the project ....' ..which will require major revisions of the EIR, due t~' the: ~nvolvement of new environmental ~mpacts not considered in ~he-e~§~ea~ [ (b) previous EIR on the project; There are substantial changes with respect to the circumstances under which the project is to be undertaken, such as a change in the,~_ -3g- SECTION 4. proposed location of the project, which will require major revisions in the EIR due to the involvement of the new environ- mental impacts not covered in a previous EIR. Use of a Single EIR. The Environmental Impact Evaluator may employ a single EIR to describe more than one project, as such projects the same in terms of environmental the Environmental Impact Evaluator earlier EI~ prepared in confection are essentially impact. Further, may use an with an earlier project to apply to a later preject, if the cir- cumstances of the projects are essentially the same. The local agency may elect to write EIRs in advance for entire programs or regulations in order to be pre- pared for project apFlications -39a- SECTION 5. SECTION 6. to come. Wheneve~ the local agency chooses to utilize any of these alternatives, however, it must find that the environmental effects of the projects are simtlar enough to warrant the same treatment in an EIR and thet the E'IR will adequately cover the impacts of any single project. If these tests are not met, the local agency should amend the EIR it prepares for a program to apply it to an individual project with uhusual characteristics. Multiple and Phased Projects. Where individual projects' are, or a phased project is, to be undertaken and where the total undertaking comprises a project with signifi- cant environmental effect, the Environmental Impact Evaluator must prepare a single EIR for thE~ ultimate project. Where an individual project is a necessary precedent for action on a larger project, or commits the local agency, to a larger project, with significant effect, an EIR must address itself t~ the scope of the larger project, sub~ee~-be-~ke-½~m~a~Jens-$ee~ee ~6066-Gu+de~nes-fe~-~mp~emen~a~en~ef-~ke-GE~A-e~ ~gTg~ Where one project is one of several similar pro- jects o~.the lo~al agency, but is not deemed a part of a l~rger.u~d?taking or a larger project, the local agency may prepare one EIR for all projects, or one for each project, but should the combined effect. Ongoing Project: a. A project.~eve~e~-by defined in -40- in either case comment upon Article II, Section 25(a)(1) de~n~en-e~-p~ejee~s-spee~ed-by of these rules and regulations, approved prior to November 23, 1970, shall net require an Environmental Impact Report or a Negative Declaration ~n~ess-~%-~s-a if the preject wh~eh may he. ye e significant effect on the environment, and either of the following conditions exist: (1) A substantial portion of public funds allocated for the project ha. ye not been spent and it is still feasible to modify the project in such a way as to mitigate against potentially adverse environmental effects, or to to the project, of "no project" choose feasible alternatives including the alternative or halting the project; e~ (2) ~he-~eea~ A public entity p~epese~ proposes a-me~f~ea~e~-~e to modif~ the project p~a~ in such a way that the project might have a new significant effect on the environment, A project eeYe~ed-§y as defined in Article II, Section 25(a)(3) or een~ae~s-eevere~by i__~n Article II, Section 25(a)(2) u~de~-~he-def~n~e~-ef-p~ejee~s-spee~f~ed-b~ ~hese-~es-an~-~e§~a~ens~-appreve~-p~-~e-geeembe~ B$-.½9?2~cdees-ne~-~equ~e-aR-E~R~--Hew'eve~--any-p~o~ee~ le§a~y-eha~e~§ed-pP~em-~e-~h~s-da~e-feP-~eR-eempt~anee w~h-~he-OE~A-sha~-§e-be~nd-by-spee~a~-~es-se~-fe~h ~n-$ee~en-2½½7O-ef-~he-GE~A as it relates to contracts -41- where the permit or other entitlement was issued, or the contract approved prior to April 5, 1973, shall not require an EIR or Negative Declaration, subject to the ~ollowing provisions: (1) CEQA expressly does not prohibit a public agency, from cpnsidering environ~ (2) · ' (3') mental factors in connection with the a_j~proval or disapproval of a project, or for. imposing reasonable fees on the appro- priate private person or entity for preparing an Environmental Impact ~eport. A public agency may require ah environmental impact report for projects covered..~y this paragraph pursuant to local rule~ and r~gulations durin~ this interim period. Where the issuance or approval occurred prior to December 5, 1972~ and prior to said date the project was legally challenged for non- compliance with CEqA, th9 project shall be bound by special rules set forth in Section 21170 of CEqA. IJhere a projectinvolving the issuance of a lease, permit, license, certificate, or other ~citlement to use has been granted, a dis- cretionary governmental approval for part of -42- (c) the project before April 5, 1973, and requires another or additional discretionary governmental approval after April 5, 1973, the project shall require {he-pFepaFa~4e~-ef an EIR or ~egative Declaration only if the approval or approvals after April 5, 1973, involve a greater degree of responsibility and or control over the pro- ject as a whole than did the approval or ap- provals prior to that date. (4) These-~u~es-and-~e.~a{~e.$-a~d-~he-~A-de-.e~ ~equ~e-~he-p~epa~a~e~-e~-a~-E~R-fe~-a-p~e~e~ des~bed-~-A~6~e-~t~-$ee~e~-~{a~(~-a~d-~e~ ee~a~s-~ese~ed-~e-A~e-~-$e~ee-22(a~ (~-a~de~-~he-def~R~en-ef-p~eSe~-feF-appFeva~s Any EIR which has been completed or on which substan- tial work has been performed on or before February 15, 1974, in c~mpliance with procedures of the public entity consistent with CEQA and the Guidelines of the Secretary of State Resources A~ency as adopted on February 3~ 1973~ and these rules and requlations~ as adopted on April 2, 1973, shall be deemed to be in compliance with the Guidelines of the Secretary of the State Resources Aqency, and these rules and re- gulations. No further EIR shall be required except -43- SECTION as provided in subsections (a) and in (b) above· Feasibility and Planning Studies. A project in- ' volving only feasibility or planning sutdies for possible future actions which the local agency has not approved, adopted or funded does not re- quire the'preparation of an Environmental Impact Report but does require consideration of environ- mental factors as required by Section 21102 of the CEQA. -43 (a): ARTICLE VI EVALUATION OF ENVIRONMENTAL IMP~CT REPORTS SECTION Adequate Time for Review and Comment. a. Review Procedure Shall Be Established By Environ- mental Impact Evaluator: The Environmental Im- pact Evaluator shall set the time periods for sub- mittal and review of EIRs under these rule~ and regulations, giving consideration to the Local A§ency's obligation to obtain comments from govern- mental agencies having jurisdiction by law with respect to the project and to the policy favering public participation. b. The Environmental Impact Evaluator sho~;ld provide adequate time for other governmental agencies and members of the public to review and comment on an EIR that it has prepared. c. A review, period for an EIR does not require a halt i,n other Plantin§ activities related, to a prcject. Planning should continue in conjunction with enviren- mental evaluation. d. In order to provide sufficient,time for public -44- SECTION review, review periods for draft EIRs should not be less than thirty {30)days nor lon.cer than ninety {90) ~ays except in unusual situa- tions as determined by th(~ Environmental Impact Evaluator, Consultation with Other Public Agencies. The dra£t EIR'shall contain comments made by governmental agen- cies which have jurisdiction by law with respect to the project. The Environmental Impact Evaluator and the local agency shall consult with other persons who have special expertise in environmental matters pertaining to the particular project.. A cDmplete listing of other agencies, particularly governmental agencies, which have legal jurisdiction and/or special expertise with respect to various projects and project locations are contained in Appendix A attached to these Rules and Regulations. )he Environmental Impact Evaluator shall add additional listings of agencies having legal jurisdiction and/or special expertise to Appendix A from time to time as necessary. Such listings should be a guide in determininE which agency should be consulted with regard to a part- icular prJje'ct. a. Review. by State Agencies. EIRs and'Negative tions t'o~be reviewed b)' State agencies shall 'su___bmitted to the State,,Clearin~ House, 1400 Declara- be Tenth -45- SECTION 3. SECTION 4. SECTION 5.' Street, Sacramento, California, 95814. When EIRs are submitted to the State Clearing House, the review period set bS th(: Environmental Impact Evaluator shall be at least as lon~ as the period provided in th~ State Review S~stem operated b)' the State Clearing House. Review of Adverse Effects. The Environmental Impact Evaluator and the local agency shall focus on the suffi- ciency of th(: EIR in discussing possible impacts upon the environment, ways in which adverse effects might be minimized, and alternatives to the project, in light of the intent of CEQA to provide decision-makers with useful information about such factors. Failure to Comment. If a governmental agency or per- son who is consulted with regard to an EIR fails to comment w+~h+R-½4-~ays within the time specified by the Environmental Impact Evaluator after consulted, it shall be assumed, absent a request for a specific extension of time, that such agency or person has no comment to make. Request for Environmental Documents. Draft EIRs and 'Final EIRs shall be made available to thE! public for inspection, and copies may be given to the general public after payment of a ch(:rge for th~ actual cost of reproducing that copy. -46- SECTION Public Participetion. held on local agency impact reports. The A public hearing shall be consideration of environmental City of Santa Ana desires to have wide public involvement, formal and informal, in order to properly receive and evaluate public reactions, adverse and favorable, based on environ-. mental issues. a. Public Hearing Procedure. Public hearing on the consideration of environmental impact reports shall be held in conjjnction with and as a part of normal planning activities. Thes~ public hearings shall include comments from reviewing agencies made pursuant to these rules and regula- tions. A Draft EIR shall be used as an outline for discussion and public hearing. Notice of public hearing for consideration of EIRs shall be given in the same manner and in th(~ same form as notice is given for the discretionary project. All rules, regulations, ordinances, by-laws, and charter provisions of the City of Sant~ Ana per- taini~g.to public hearings by the loJal agency pertai~in~ to the discretionary project shall be complied with in implementing tPis e~vironmental impact r~rt p~blic hearing procedure except as .expressly otherwise provided in these rules and SECTION 7. SECTION 8. SECTION 9. regulations. No public hearing need by held in connection with the review of an Envirenmental Impact Report p~epared by another governmental agency. Retention and Availability of Comments. Comments received through the consultation process shall be bept on file with the local agency for a reasonable period and made available for public:inspection at 20 Civic Center Plaza, Santa Ana, California. Comments which may be received independently of the review of the Draft EIR shall file. Fee for Review of EIRs. pay a reasonable fee to also be considered and kept on All project sponsors sh~.ll the Environmental Impact Evaluator or the local agency to cover the estimated costs in reviewing the Draft EIR and preparing the Final EIR. The reasonable fees for such services shall be set by the Environmental Impact Evaluator. Review of Decision of Plannin9 Commission by CitS CoL~ncil. ppon the filinq~ by the Planninq Commission~ of a N~egative Declaration or an EIR~ with the Clerk of the Council, the Council maS review said Ne§ative Declaration or EIR. If the Council'is dissatisfied with thE; action of the Planninq Commission or is of the opinion that the matter is of such ~a§nitude as to be of special interest to the people of -48- · the City of Santa Ana, it may, by majority vote, set SECTION 10. the matter of the Negative Declaration or EIR for public hearing to be held at a regular or adjourned meeting with public notification made by the Planning Department as was required for the initial public hearing; Impact Evaluator final. otherwise, all decisions of the Environ6ental and the Planning Commission shall be Appeal of Decision of Planning Commission by City Council; Hearing. An Appeal from a decision of the Planning Commis- sion not to overrule the Negative Declaration or adopt and certify an EIR, may be made by any interested party, indi- vidual or group. Any appeal made under the terms of this section shall be made within ten (10) calendar days follow- ing the date of the decision by the Planning Commission, either to not overrule the Negative Declaration of the Environmental Impact Evaluator or to adopt and certify an EIR. Said appeal period shall end at 5:00 p. m. on the tenth calendar day following said date of decision by the Plannin~ Commission. If the tenth calendar day ends on arSaturd'ay~ Sunday, or Holiday. the ten (10) day period shall.end at 5:00 p. m. on the next regular business daY. The formal~ction, either not to overrule the Negative Declaration of the Environmental Impact Evaluator or to adopt and certify the EIR, by the Plannin~ Commission, shall become effective on the day following the first regularly scheduled Council meetin~ after the ten (lO) day appeal period, unless the City Council, in compliance with Section 9 above, holds a public hearin~ on the matter, the~ the decision of the City Council would become effective on the day following the hearin~ and decision by the City Council. All appeals shall be in writing and on forms provided by the Plannin~ Department, and shall specify wherein there was any error Planning Commission Furthermore, a copy of said the Planning Department and receipt of said appeal, the Planning Department set the matter for hearing by the Council. All shall be heard in th~ same manner as prescribed of decision or requirement by the or Environmental Impact Evaluator. appeal should be filed with Clerk of the Council. Upon shall appeals for the original hearing. Upon filing of an appeal, the Planning Department shall forward to the Clerk of thE: Council a copy of all the environmental documents upon which the decision to not overrule the Negative Declaration or adopt certify th~ EIR was based. Council may, after public 'hearin~,.affirm, reverse, change, modify the original decision and may make any additional determinatio~ it and shall consider appropriate within the by these rules and regulations. Such filed with the Clerk of the Council, and -50- limitations proposed decision shall be City Planning Department~ one copy the:reof shall be sent to the applicant. The fee on an appeal of the Planning Commission's decision not to overrule the Negative Declaration of the Environmental Impact E~'aluator or to adopt and certify an EIR shall be Twenty- five ($25.00) Dollars. -51- Chemical contamination and food products Disease control impact in Iow-income neighbgrh99d~ Food additives and food sanitation Historic and Archaeological sites N~vigoble airways Navigable waterways Regional comprehensive p~onning Fish and wi~dllfe Water project formulation Geothermal energy ~ Chemical contamination end food produc. ~ waterfowl refu~es, and beaches d~sp ~ Herbicides ~ Historic and Archaeological sites ~ Human ecology ~atu,ol gas ene,gy development generation end supply Navigable airways Pesticides Radiation and rod;ological heohh Rodent control Sanitation and waste s~slems Shell[ish sanltallon Toxic mate/ials Fish and wildlife regional ~urisdicfions ~eothermal energy Open Space policy 9134 i4. PBhl, tc Health - (31) Activities with special impact on restoual Jurisdictions Pertains to comprehensive health planning Colorado River Board - (2), (3), (5), (6), (8), (2l), (223, (243, (26), (273, (29), (303, (3l), (to), (133,(t73, (32) and As pertains to the Colorado, Hew and Alamo Rivers 15. Fish and Game - (15) Natural gas energy development, generation and supply As field development and distribution systems may affect fish and wildlife 16. Fish and Game - (16) Navigable airways As may affect migrating and resident wildlife 17. Fish and Came - (18) Noise control and abatement As excessive noise may affect wildlife 18. Fish and ~ame - (24) Sanitation and waste systems As water quality may affect fish and wildlife 19. parks and Recreat~oD - (7) Environmental effects with speclal Impact in low-income neighborhoods In impacted areas only 20. Reclamation Boar~ - (8), (17) and (32) In areas of Board's Jurisdiction only 21. State Water Resour~es._C_ontrol Board - (4), (30), (33) and (34) As may pertain to water quality 22. Conservatip~ - (5), (I0), (20) and (23) With' respect to~ forest land .. 23. Conservation - (6) and 'i32) As related to fire protection ur State (fire protection) responsibility land 24. A.ir Resources Board - (4), (22), (32), (33) and (36) As may pertain to residential, commercial, industrial or transportation growth APPENDIX B FOOTNOTES 1, A~rtcultnre - (1) Air quality and air pollution toners! Effects on plants and animls 2. A~riculture - (12) Hu~n Ecology ~rotection of food and fibre 3, AEriculture - (2&) Sanitation and waste systens Asr!cultural, dairy and feed lot systems &. A~r!culturs o (29) Transportation and handling of hazardous materials As pertains to transportation, handling, storage and decontiamination of pestic~des. ~. A2riculCure - (30) Fish and wildlife Pesticide effects, predatory animal con,roi,bird contro! 6. ~IP - (1) Air quality and air pollution control Enforcement of uotor vehicle regulations 7. Public Health - (3) Coastal areas, wetlands, Beach sanitation, wa~er pollution, solid waste and mosquito control 8. ~ublic Health - (~) Con§est!on in urban areas, housing and bulldin~ displacement Pee~ains to health component 9. ..Pujblic Eealtb - (7) Environmental e[£ects with ~pecial impact in ~ .. lov-income neighborhoods · Host of.these are strongly related to health 10. ~uBlic He'al[h .' (1~) Havl~ble airways Pertains to noise~; 11. ~ublic Health - (22) Regional comprehensive planning Pertains to per~onal and environnMntal health co~ponents As it may pertain to human health hazards