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HomeMy WebLinkAbout1975-04 CRA RESOLUTION NO. 75- 1./ A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA ADOPTING PROCEDURES FOR IMPLEMENTATION OF THE CALIF- ORNIA ENVIRONMENTAL QUALITY ACT OF 1970 AND THE REGULATIONS OF THE CALIFORNIA RESOURCES AGENCY . WHEREAS, the California Environmental Quality Act of 1970 (California Public Resources Code, Section 21000 et seq,) requires that projects carried out by local agencies which have a significant effect on the environment require the preparation and adoption of Environmental Impact Reports; and WHEREAS, Section 21082 of the California Public Resources Code requires all such agencies to adopt procedures for the preparation of such Environmental Impact Reports pursuant to the California Environmental Quality Act of 1970; and WHEREAS, Section 21082 of the California Public Resources Code requires that such procedures shall be consistent with the California Environmental Quality Act of 1970 and regula- tions adopted by the California Resources Agency pursuant to Section 21083 of the California Public Resources Code; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AS FOLLOWS: . 1. The Procedures for Implementation of the California Environmental Quality Act of 1970 and the Regulations of the California Resources Agency (the "Procedures"), attached hereto and labeled as Exhibit "A" and incorporated herein by this reference, are hereby adopted by this Agency. 2. Any procedure not expressly set forth in the Pro- cedures but deemed necessary and convenient to carry out any of the purposes of the California Environmental Quality Act of 1970 or the purposes of the Regulations of the California Resources Agency or the purposes of the Procedures is hereby authori zed. . JAMES A. Legal . ¡/ RESOLUTION NO, 75- 4 PAGE TWO STATE OF CALIFORNIA) COUNTY OF ORANGE) ss.: CITY OF SANTA ANA) . I hereby certify that the foregoing resolution was duly adopted by the Community Redevelopment Agency of the City of Santa Ana, California, at anAdjournedRegu1ar meeting thereof, held on the 18 day of Februæ:y , 1975, by the following vo~o wit: AYES: NOES: MEMBERS: Evans, Garthe, Yamarrcto, Bricken, Griset, Ward MEMBERS: Markel MEMBERS: None ABSENT: ~~~ ~~~ Richard GobTirsch, Executive Director . . CJL/ms 2-11-75 I I 1 . ., ~. .. . . ,.< COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 AND THE REGULATIONS OF THE CALIFORNIA RESOURCES AGENCY Exhibit RAR , .,'.""" . . > .- . . COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT O~ 1970 AND THE REGULATIONS OF THE CALIFORNIA RESOURCES AGENCY I. [S 100] GENERAL A. [S 101] Purpose . The purpose of these Procedures is to implement the California Environmental Quality Act of 1970, as amended ("CEQA") and the Guidelines certified and prescribed by the Secretary of the Resources Agency of the State of California and contained in Division 6, Title 14 of the California Administrative Code ("Regulations"), and to provide the Redevelopment Agency ("Agency") with principles, objectives, criteria, and procedures to be used in the adoption, amendment, and implementation of redevelopment plans ("Plan") as pre- scribed by Section 33352 of the California Health and Safety Code, Section 21151 of the California Public Resources Code, and Section 15061 of the Regulations. B. [§ 102] Lead Agency . In the adoption, amendment, and implementation of rede- velopment plans pursuant to the California Community Redevelopment Law (Health and Safety Code, Section 33000 et seq.), the Redevelop- ment Agency is the "lead agency", (as that term is defined and described in Sections 15030,15064, and 15065 of the Regulation&) and is therefore responsible for the implementation of and compliance with the provisions of the CEQA and the Regulations in such adoption, amendment, and implementation of redevelop- ment plans. Redevelopment Project is a Single Project As prescribed by Section 21090 of the Public Resources Code and Section 15061(3) of the Regulations, all public and private activities or undertakings pursuant to or in further- ance of a redevelopment plan shall be deemed a single project, and the preparation and adoption of an Environmental Impact Report ("EIR") for that redevelopment project shall preclude the preparation and adoption of further and subsequent Environ- mental Impact Reports, Negative Declarations, or other determinations by the Agency and/or City Council with respect to the environ- ment for any public and/ or private activities or undertakings C. [S 103] . " ' "0' .""'- . , . . . . pursuant thereto or in furtherance thereof, except as otherwise required by these Procedures. D. [S 104] Authority These Procedures have been adopted by resolution of the Redevelopment Agency pursuant to Section 21082 of the California Public Resources Code and Section 15014 of the Regulations, and are consistent with CEQA and the Regulations. II. [S 200] DEFINITIONS Whenever the following terms are used in these Proce- dures, unless otherwise defined, such terms shall have the meaning ascribed to them in this Part 200. A. [S 201] Project Project means a Redevelopment Project being carried out by the Agency pursuant to the California Community Redevelop- ment Law. B. [S 202] Environment Environment means the physical conditions which exist within the area which will be affected by a proposed Project including land, air, water, minerals, flora, fauna, ambient noise, objects of historic or aesthetic significance. C. [S 203] Significant Effect Significant effect meaqs a substantial adverse impact on the environment. D. [S 204] EIR EIR means the Environmental Impact. Report prepared pur- suant to these Procedures and CEQA, which is a detailed statement setting forth the environmental effects and consi- derations pertaining to a Project. E. [S 205] Ini Hal Study Initial study means a preliminary analysis prepared by the Agency to determine whether a Subsequent EIR or a Negative Declaration must be prepared. -2- m. ., , . ";,, ':", , ' . . . F. [S 206] Subsequent ErR Subsequent ErR means the preparation and adoption of an additional ErR because of substantial changes proposed to be made in a Plan or because of substantial changes with respect to implementation of the Plan which involve environmental impacts not considered in the original ErR which was prepared and adopted for a Project. G. [S 207] Negative Declaration Negative Declaration means the statement prepared by 'the Agency that finds that a proposed amendment to a Redevelop- ment Plan, if approved and adopted, will not have a significant effect on the environment and which includes a brief statement of reasons to support the findings and a brief description of the proposed amendment. . H. [S 208] Notice of Completion Notice of Completion means the statement filed with the Secretary of the Resources Agency of the State at such time as the Draft ErR is completed setting forth a brief descrip- tion of the Project, its proposed location, and the address where copies of the Draft ErR are available. r. [S 209] Notice of Determination Notice of Determination means the statement filed with the County Clerk within a reasonable time after the City Council adopts or amends a Redevelopment Plan which gives notice that the Agency will carry out a Project which is subject to the requirements of CEQA. J. [S 210] Notice of Finding of the Negative Declaration Notice of Finding of the Negative Declaration means the statement filed with the County Clerk at such time after the Negative Declaration has been prepared by the Agency. K. [S 211] Agency "Agency" or "Redevelopment Agency" means the CollUllunity Redevelopment Agency of the City of Santa Ana. L. [S 212] City "City" means the City of Santa Ana. M. [S 213] City Council .City Council" means the City Council of the City of Santa Ana. -3- .."'" ¡'"'. . . . , :' III. [§ 300) EVALUATION OF SIGNIFICANT ADVERSE IMPACT OF PROJECT ON ENVIRONMENT A. [§ 301) Criteria for Determining Significant Adverse Environmental Impact The determination of whether a Project may have a significant adverse effect on the environment shall be based on -3a- j :/{' . . . scientific and factual data and shall reflect upon the nature and significance of the activities proposed in the Plan. In making its determination of the significant effect of the Project, the Agency staff shall use the fol- lowing guidelines: . 1. If it is anticipated that there is or may be a substantial body of opinion that considers a particular effect of the Project to be adverse in an environ- mental sense, the Agency staff shall prepare a Draft EIR to explore the en- vironmental effects involved. 2. In evaluating the significance of the environmental effect of the Project, Agency staff shall consider both primary and secondary consequences. Primary consequences are immediately related to the Project, while secondary consequences are related more to or occasioned by the primary consequences than to the Project itself. An impact upon the resource base (including land, air, water, and energy use) of the area in question which may result from the population growth is an example of a secondary consequence. 3. Some examples of consequences which may have a significant effect on the environ- ment in connection with most projects where they occur, include the following: (a) The Plan is in conflict with environ- mental plans and goals that have been adopted by the City; (b) The Project will have a substantial and demonstrable negative aesthetic effect; The Project will substantially affect a rare or endangered species; (c) (d) The ~roject will breach any published national, state, or local standards relating to solid waste or litter control; -4- . ".' ~., . . . (e) The Project will cause substantial interference with the movement of any resident or migratory fish o~ wildlife species; , The Project will result in a substan- tial detrimental effect on air or water quality, or on ambient noise levels for adjoining areas; (f) (g) The Project will involve the possi- bility of contaminating a public water supply system or adversely affecting ground water; The Project could cause substantial flooding, erosion, or siltation; (h) (i) The Project could expose people or structures to maj9r geological hazards. B. [5 302] Mandatory Findings of Significance In every case where any of the following conditions are found to exist as a result of the Project, such Project will be deemed to have a significant effect on the environment: 1. Impacts which have the potential to de- grade the quality of the environment or curtail the range of the environment. Impacts which achieve short-term, to the disadvantage of long-term, environ- mental goals. A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will en- dure well into the future. 2. 3. Impacts which are individually limited, but cumulatively considerable. The Project may impact on two or more separate resources where the impact on each resource is relatively small. If the effect of the total of these impacts on the environment is significant, an EIR must be prepared. -5- '. . . . .' ,.i 'I . , 4. The environmental effects of the Project will cause substantial adverse effects on human beings, either directly or indirectly. IV. [S 400] PROCEDURES FOR PREPARATION AND ADOPTION OF EIR FOR NEW REDEVELOPMENT PROJECTS A. [S 401] General An EIR shall be prepared as part of the Report on the proposed Plan required to be submitted by the Agency to the City Council for any Plan on which a public hearing is set on or after the date of adoption of these Procedures. B. [S 402] Preparation and Adoption of EIR 1. [S 403] Draft EIR . A Draft EIR shall be prepared at the time the Agency staff is preparing the Plan. The Draft EIR shall conform to and contain the information specified in Sections 601 through 613. Before completing the Draft EIR, the Agency shall con- sult directly with any person or organization it believes will be concerned with the environmental effects of the Project. 2. [S 404] Notice of Completion Prior to presenting the Draft EIR to the Agency Board for action, the Agency staff shall file a Notice of Comple- tion with the Secretary of the Resources Agency of the State. 3. [S 405] , Consultation The Agency staff shall transmit copies of the Draft EIR to and shall consult with and obtain comments on the Draft EIR from those public agencies which have jurisdiction by law with respect to the Project. In addition, Agency staff may consult with persons or agencies which have special exper- tise concerning the environmental impact of the Project. If any agency or person who is consulted with regard to a Draft EIR fails to comment within 30 days after receipt of a writ- ten request from the Agency to do so, it shall be assumed, absent a request for a specific extension of'time, that such agency or person has no comment to make. In the event that a state agency is consulted to review and comment on the Draft EIR, copies of the Draft EIR shall be distributed through the State Clearinghouse and the period for consultation on and review of the Draft EIR shall be equivalent to that provided in the State Clearinghouse procedures. . -6- -,- ,¡r~ ' . "; '::'. . . . Copies of the Draft ErR shall be provided in the public libraries within the City and shall be available for inspec- tion by the general public in the office of the Agency and/or Executive Director of the Agency. Members of the public request- ing a copy of the Draft ErR may be charged a fee not to exceed the actual cost of reproducing a copy. 4. [§ 406] Public Hearing The Agency shall consider the Draft ErR and all comments received thereon and responses of the Agency thereto at a public hearing. The public hearing on the Draft ErR may be held separ- ate from or in conjunction with the public hearing on the pro- posed Plan. rf a separate public hearing is to be held on the Draft ErR, the notice of public hearing shall be published at least once not less than 30 days prior to the public hearing and shall refer to the availability of the Draft ErR. rf the public hearing on the Draft ErR is to be held on conjunction with the public hearing on the proposed Plan, the notice of public hearing on the proposed Plan shall reter to the availability of the Draft ErR and the public hearing to be held on the Draft ErR. 5. [§ 407] Final ErR The Final ErR shall consist of the Draft ErR or Revised Draft ErR; a list of persons, organizations and public agencies commenting on the draft ErR; comments and recommendations, received from those agencies or persons consulted or who otherwise commented on the Draft ErR either at the public hearing or by written communication to the Agency; the res- ponses of the Agency to any significant environmental points raised in those comments; and the certirication of the Agency that the ErR has been completed in compliance with CEQA, the Regulations, and these procedures, and that the Agency has reviewed and considered the information contained in the ErR. The Final ErR sha~l be adopted by the Agency prior to City Council action on the Plan. The City Council shall certify that it has reviewed and considered the information contained in the ErR prior to or concurrently with its adoption of the Plan. 6. [§ 408] Notice of Determination After the City Council has approved and adopted the Plan, a Notice of Determination shall be filed with the Clerk of the County. The Notice of Determination shall include (1) the action of the City council in approving and adopting the Redevelopment Plan, (2) the determination of the Agency and City Council whether the Project will or will not have a signi- ficant effect on the environment, and (3) a statement that an ErR has been prepared pursuant to the provisions of CEQA for the project, and' adopted by the Agency and certified by the City Council. -7- ~ ",;' ;,;., . . . 7. ' [5 409] Statement of Overriding Considerat~ons--Redevelopment ~' In the event the Agency and the City Council approve and adopt a Redevelopment Plan for which serious adverse environ- mental consequences have been identified in an EIR, the Agency and the City Council may make statements identifying the other interests that warranted approval in its point of view. If such statements are made, they should be included in the record of the approval of the Plan and may be attached to the Notice of Determination. v. [5 500] PROCEDURES FOR PREPARATION AND ADOPTION OF NEGATIVE DECLARATIONS OR SUBSEQUENT EIR'S FOR PROPOSED AMENDMENTS TO A REDEVELOPMENT PLAN A. [5 501] Initial Study , Prior to holding a public hearing on a proposed amend- ment to the Plan, the Agency staff shall conduct an Initial Study to determine if the proposed amendment may have a signi- ficant effect on the environment. The Agency's findings shall be made in the form of a written 'report. Such study shall be made in accordance with the criteria set forth in Sections 301 and 302. The Initial Study shall also consider whether or not the proposed amendment to the Plan requires the preparation' and adoption of a Subsequent EIR or the preparation of a Negative Declaration. If the Agency staff finds that any of the effects of the proposed amendment may have a substantial adverse impact on the environment (regardless of'whether the overall effect of the proposed amendment is beneficial), or finds that a Subse- quent EIR is required, then the Agency staff shall prepare a Draft EIR for the proposed amendment to the Plan. If the Agency staff finds that there is no substantial adverse im- pact on the environment as a result of the proposed amendment" or if a Subsequent EIR is not required, then the Agency staff shall prepare a ,Negative Decla~ation for the proposed amendment. B. [S 502] Negative Declaration The Negative Declaration shall be prepared by the Agency staff for a proposed amendment to the Plan where required pursuant to Section 501. The Negative Declaration shall be prepared prior to any public hearing on the proposed amend- ment and shall be part of the report and recommendations on the proposed amendment to the Plan required to be submitted by the Agency to the City Council. The Negative Declaration shall include a brief description of the proposed amendment to the Plan, a finding that the proposed amendment will not have a significant effect on the environment, a brief state- -8-, -" -' '. I , I ,">' ';;;, " , . . . ment of reasons supporting the finding, and a statement indi- cating who prepared t~e Initial Study and where a copy of it may be obtained. The Procedure for the preparation and adoption of the Negative Declaration shall be as set forth below. 1. [§ 503] Filing of Negative Declaration, Consultation and Review. The Executive Director of the Agency is authorized to execute such Negative Declaration, shall then place copies of the Negative Declaration on file in the offices of the Agency and/or City Clerk, and shall send copies of the Negative, Declaration of those public agencies having jurisdiction by law for comment and review, not less than 30 days prior to a public hearing on the proposed amendment to the Plan. In the event that a State agency is consulted with respect to com- ments on the Negative Declaration, copies of the Negative Declara- tion shall be distributed through the State Clearinghouse and the period for consultation and review shall be equivalent to that provided in the State Clearinghouse procedures. 2. [§ 504] Public Hearing and Notice A public hearing is not required on a Negative Declara- tion; however, the notice of public hearing on the proposed amendment shall include reference to the finding and availa- bility to the public of the Negative Declaration. In the event that a public hearing is to be held on the Negative Declaration, the public hearing may be held separate from or in conjunction with the public hearing on the proposed amendment. If a separate public hearing is to be held on the Negative Declaration, the notice of public hearing shall be published at least once not less than 30 days prior to the public hearing and shall refer to the finding of the Negative Declaration and availability of the Negative Declaration. If the public hearing on the Negative Declaration is to be held in, conjunction with the public hearing on the proposed amend- ment, the notice of public hearing on the proposed amendment shall be published not less than 30 days prior to the public hearing and shall refer to the finding of the Negative Declara- tion, the availability of the Negative Declaration, and the public hearing to be held on the Negative Declaration. 3. [§ 505] Agency Action; City Council Action The finding of the Negative Declaration shall be approved or disapproved by the Agency prior to City Council action on the proposed amendment to the Plan. -9- '" ..".-'.# .' . . " . . . . . The City Council shall certify that it has reviewed and considered the information contained in the Negative Declara- tion prior to or concurrently with its adoption of the pro- posed amendment to the Plan. In the event the Agency disapproves the finding of the Negative Declaration, the Agency staff shall prepare a Draft EIR and any public hearing on the proposed amendment to the Plan shall be postponed or continued to a date at least 30 days following the filing of the Notice of Completion pursuant to Section 508. No amendment to a Plan shall be approved . and adopted by the City Council unless and until a Negative Dec- laration or EIR is adopted by the Agency and unless and until the Agency and the City Council have certified that they have reviewed and considered the information contained in the Negative Declaration or EIR. 4. [S 506] Notice of Determination After Agency approval of the finding of the Negative Declaration and City Council action on the proposed amendment to the Plan, a Notice of Determination (with a copy of the Negative Declaration attached) shall be filed with the County Clerk. The Notice of Determination shall include the determina- tion by the Agency and the City Council that the amendment to the Plan will not have a significant effect on the environment, that the amendment has been approved or disapproved by the City Council, and that no EIR has been prepared. C. [S 507] Draft ErR The Draft EIR shall be prepared by the Agency staff for a proposed amendment to the Plan, where required pursuant to Section 501 or Section 505. Before completing the Draft EIR, the Agency shall consult directly with any person or organi- zation it believes will be concerned with the environmental effects of the Project. If required pursuant to Section 501, the Draft EIR shall be prepared by the Agency staff prior to any public hearing on the proposed amendment. If required pursuant to Section 505, the Draft EIR shall be prepared by the Agency staff as soon as possible following Agency disapproval of the finding of the Negative Declaration. In either case, the Draft EIR shall be part of the report and recommendations on the proposed amendment to the Plan required to be submitted by the Agency to the City Council. The Draft EIR shall be written in accordance with the criteria set forth in Sections 301 and 302 and shall contain the information specified in Sections 600 through 614. The -10- . . . ....,';~. ' procedure for the preparation and adoption of the Draft ErR is set forth below: 1. [§ 508] Notice of Completion Not less than 30 days prior to the public hearing on the Draft ErR, or the public hearing on the Draft EIR held in con- junction with the public hearing or continued public hearing on the proposed amendment, the Agency staff shall file a Notice of Completion with the Secretary of the State Resources Agency. 2. [5 509] Consultation The Agency staff shall consult with agencies and persons in the manner provided in Section 305. 3. [5 510] Public Hearing The Agency shall consider the Draft EIR and all comments received thereon and responses of the Agency thereto at a public hearing. The public hearing on the Draft EIR may be held separate from or in conjunction with the public hearing or continued public hearing on the proposed amendment. If a separate public hearing is to be held on the Draft ErR, the notice of public hearing shall be published at least once not less than 30 days prior to the public hearing and shall refer to the availability of the Draft EIR. If the public hearing on the Draft EIR is to be held in conjunction with the public hearing or continued public hearing on the proposed amendmènt, the notice of public hearing or of continued public hearing on the proposed amendment shall be published at least 30 days prior to the public hearing and shall refer to the availability of the Draft ErR and the public hearing to be held on the Draft ErR. D. [5 511] Final EIR The Final EIR shall consist of the Draft ErR or Revised Draft ErR; a list of persons, organizations and agencies com-. menting on the Draft ErR; comments and recommendations received from those agencies or persons consulted or who otherwise commented on the Dr~ft EIR either at the public hearing or by written communication to the Agency; the res- ponse of the Agency to any significant environmental points raised in those comments; and the certification of the Agency that the ErR has been completed in compliance with CEQA, the Regulations, and these procedures and that the Agency Board has reviewed and considered the information contained in the ErR. The Final EIR shall be adopted by the Agency Board prior to City Council action on the proposed amendment to the Plan. The City Council shall certify that it has reviewed and con- sidered the information contained in the Final ErR prior to or concurrently with its adoption of the proposed amendment . to the Plan. ¡ I , . , I -11- I: ,l ' ' . :") ';,", . I ' of . 1 .' , j J . . . E. [5 512] Notice of Determination After the City Council has approved and adopted the amendment to the Plan, a Notice of Determination shall be filed with the Clerk of the County. The Notice of Determina- tion shall include the determination of the Agency and the City Council whether the amendment to the Plan will or will not have a significant effect on the environment, the fact , that an EIR has been prepared, the adoption of the EIR by the Agency Board and certification by the City Council, and the action by the City Council in approving ånd adopting the amendment to the Plan. F. [5 513] Statement of Overriding Considerations--Plan Amendments In the event the Agency and the City Council approve and adopt an amendment to a Plan for which serious adverse environ- .mental consequences have been identified in the Subsequent EIR, the Agency and the City Council may make statements identifying other interests that warranted approval from its point of view. If such statements are made, they should be included in the record of approval of the amendment to the Plan and may be attached to the Notice of Determination. VI. [5 600] CONTENTS OF EIR A. [5 601] Draft EIR for a Project The Draft EIR for a Project shall contain the following information: 1. Description of Project 2. Description of Environmental Setting 3. Environmental Impact '4. Organizations and Persons Consulted 5. Water Quality Aspects 1. [5 602] Description of Project The description of the Project shall contain the follow- ing information but should not supply extensive detail beyond that needed for evaluation and review of the environmental impact. (a) The precise location and boundaries of the Project area shall be shown on a -12- ., j I , '. " ,,'.) ,:", , ' , '.~ . . . (b) detailed map, preferably topographic. The Project area shall also be shown on a regional map. A statement of the objectives sought in the Plan. ' , (c) A general description of the Project's technical, economic, and environmental characteristics, considering the prin- cipal engineering proposals and support- ing public service facilities. 2. [§ 603] Description of Environmental Setting An EIR must include a description of the environment in the Project area and in the vicinity of the Project, as it exists before commencement of the Project, from both a local and regional perspective. Knowledge of the regional setting 'is critical to the assessment of environmental impacts. Special emphasis should be placed on environmental resources that are rare or unique to that region. Specific reference to related projects, both public and private, both existent and planned, in the region should also be included for pur- poses of examining the possible cumulative impact of such projects. 3. IS 604] Environmental Impact All phases of the Project must be considered when evalu- ating its impact on the environment: planning, acquisition, relocation, demolition and site clearance, construction of public improvements, development, and operation. The follow- ing subjects shall be discussed, preferably in separate sec- tions or paragraphs. The Environmental Impact of the Project Describe the direct and indirect impacts of the Project on the environment, giving due consideration to both the' short-term and long-term effects. a. [§ 605] ; ,I I It should include specifics of the area, the resources involved, physical changes, alterations to ecological systems and changes induced in population distribution, population concentration, the human use of the land (including commer- cial and residential development) and other aspects of the resources base such as water, scenic quality, and public services. , I -13- ¡I ~~ .' .:" or:", ~ . ',- '1 " . . 4Þ b. [§ 606] Any Adverse Environmental Effects Which Cannot be Avoided i.f the Plan is Adopted Describe any adverse impacts, including those which can be reduced to an insignificant level but not eliminated. Where there are impacts that cannot be alleviated without im- posing an alternative design, their implications and the reasons why the Project is being proposed, notwithstanding impacts, their effect should be described. Describe impacts on any aesthetically valuable surroundings, or on human health. . c. [§ 607] Miti~ation Measures Proposed to M~nimize the Impact, Describe avoidable adverse impacts, including inefficient and unnecessary consumption of energy, and the measures pro- ,posed to minimize these impacts. The discussion shall include identification of the acceptable levels to which such impacts will be reduced, and the basis upon which such levels were identified. Where alternative measures are available to miti- gate an impact, each alternative shall be discussed and the basis for selecting one alternative shall be identified. Energy conservation measures, as well as other appropriate mitigation measures, shall be discussed. Examples of such energy conservation measures are provided below and should be discussed where relevant and applicable: (1) Insulation and other protection from heat loss or heat gain to conserve fuel used to heat or cool buildings. ' I' (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 summer solar heat. (4) Measures to reduce energy consumption in trans- portation such as: (a) Providing access to alternative means of . transportation for people such as bus lines, mass transit, bicycle lanes, pedes- trian facilities, and car pooling. i' -14- ...." It:"'- \ .' ,- , . (5) (6) (7) (8) . (9) (10) (11) (b) Use of small cars rather than large cars where possible Efficient lighting practices including use of indirect natural light, use of efficient lighting fixtures and/or sources, establishment of reason- able lighting criteria to prevent over-illumina- tion, and minimum use of architectural or display lighting. Energy conserving construction practices. Use of energy conservation devices such as flywheels. Rate structures which discourage unnecessary energy consumption. ' Use of human or animal power where such use is feasible. Waste heat recovery. Recycling and use of recycled materials. d. [5 608] Alternatives to the Project Describe reasonable alternatives to the Project, or to the location of the Project, which could feasibly attain the basic objectives of the Plan 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 capable of substantially reðucing or eliminating any envir~nmentally adverse impacts, even if these alternatives substantially impede the attain- ment ~f the Plan objectives, and are more costly. -The Relationship Between Local Short-Term Uses of Man's Environment and the Maintenance and Enhancement of Long-Term ProductJ.vJ.ty Describe the cumulative and long-term effects of the Plan which adversely affect the state of the environment. Special attention shoulð be given to impacts which narrow the range of beneficial uses of the environment or propose long-term risks to health and safety. In addition, the reasons why the proposed Project is believed by the Agency to be justified now, rather than reserving an option for fur- ther alternatives, should be explaineð. . . e. [5 609] I; -15- t I J " ':'::'~~:"'."'-- " . ' , . . . .~ f. [§ 610) Any Irreversible Environmental Changes Nhich Would be Involved 1n tEe Plan Should 1t be Adopted 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 likely. Primary impacts and, particularly, secon- dary impacts (such as a highway improvement which provides access to a nonaccessible area) generally co~~it future generations 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. [§ 611) The Growth-Inducing Impact of the Plan . Discuss the ways in which the Plan for the Project 'could foster economic or population growth, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles to population growth, e.g., a major expansion of a waste water treatment plant might allow for more construction in service areas. Increases in the population may further tax existing communi- ty service facilities so consideration must be given to this impact. Also discuss the characteristics of some projects 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 envirçnment. 4. [§ 612) Organizations arid Persons Consulted The identity 'of all federal, state, or local agencies, other organizations and private individuals consulted in preparing the Draft EIR, and the identity of the persons, firm or agency preparing the Draft EIR, by contract or other authorization must be given. 5. [5 613) Water Quality Aspects Describe in the Section on the description of the envi- ronmental setting, water quality aspects of the Plan which have been previously certified by the appropriate state or interstate organization as being ip,substantial compliance with applicable water quality standards. -16- " I' " t, I' , , , ."" - - "I : . .'.,'::"" '>. '. ,'.' '. .' B. . . [S 614] Final ErR for a Project The Final ErR shall consist of: (1) (2) (3) . (4) The Draft ErR or Revised Draft ErR containing the elements described above; A section containing the comments and recommendations received on the Draft ErR either verbatim or in summary; A list of persons, organizations and public agencies commenting on the Draft ErR; The response of the Agency to any signi- ficant environmental points raised in the review and consultation process. The response of the Agency to comments received may take the form of a revision of the, Draft ErR or may be an attach- ment to the Draft ErR. The response shall describe the dis- position of significant environmental issues raised, e.g., revisions so the Plan to mitigate anticipated impacts or objections. rn particular, the major issues raised when the 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 of overriding importance warranting an override of the suggestions. . VIr. [S 700] SUBSEQUENT ErR Where an ErR has been prepared and adopted, a Subsequent ErR need not be prepared and adopted unless: (1) Substantial changes are proposed to be made to the Plan which will require major revisions of the ErR due to the involvement of new environmental im- pacts not considered in the previous ErR. Subsequent ErR's with respect to amendments to the Plan shall be prepared and adopted as provided in Sections 507 through 5l3. (2) There are substantial changes with respect to the circumstances under which the Plan is to be implemented which will require major revisions in the ErR due to the involvement of new environmental impacts not covered in -17-