HomeMy WebLinkAboutEnvironmental Impact Report - Interim Policy and Revision of NOTICE TO PUBLIC
NOTICE OF FINDING NO SIGNIFICANT EFFECT
ON THE ENVIRONMENT
The purpose of this notice is to inform the public that the City of Huntington Beach has
completed its review of the environmental impacts that will be generated by the following
projects.
1. Main-Pier 2nd Block Improvements
2. Oakview Circulation Improvements
3. Rehabilitation
The City of Huntington Beach has concluded from its review of the environmental impacts
of these projects that there will be no significant effect on the environment.
KBB/sp
STATE OF CALIFORNIA GEORGE DEUKMEJIAN,Governor
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD .......
SANTA ANA REGION
0
6809 INDIANA AVENUE, SUITE 200 g
RIVERSIDE, CALIFORNIA 92506 � o
PHONE: (714)782-4130
August 21 , 1987
Les Evans , City Engineer
City of Huntington Beach Public Works
P.O. Box 190
Huntington Beach, CA 92648
INSTRUCTIONS TO APPLICANT FOR POSTING OF NOTICE OF WASTE
DISCHARGE ORDER NO. 87-114 (NPDES NO. CA 0106208)
Dear Mr. Evans :
Enclosed is a copy of tentative Order No. 87-114 for your review.
This order contains requirements for the discharge of wastes
associated with construction dewatering projects within the City
of Huntington Beach. These requirements are scheduled for
consideration at the Board' s October 9 , 1987 , meeting . Please
provide your comments to this office by September 17 , 1987 .
Also enclosed are three copies of a "Notice of Public Hearing and
Application for Waste Discharge Requirements" and two copies of a
statement of posting notice form. Two copies of the discharge
notice are to be posted by September 4, 1987 , in conspicuous
places , either in the vicinity of the discharge or in the local-
ity to be affected by. the discharge.
By September 17 , 1987 , you must file with this office proof of
posting, which shall consist of a statement executed on the
enclosed form.
If there are any questions on the above , please contact Linda
Garcia or Hisam Baqai of our Regulations section.
Sincerely,
Ger d J. Thibeault
Supervising Engineer
Enclosures : Notice of Public Hearing and Application
for Waste Discharge Requirements ( 3 )
Statement of Posting Notice ( 2 )
Tentative Order No. 87-114
LCG: lcg
STATE OF CALIFORNIA GEORGE DEUKMEJIAN.Governor
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD •«s
SANTA ANA REGION ,..,..
6809 INDIANA AVENUE, SUITE 200
RIVERSIDE, CALIFORNIA 92506
PHONE:(714)782-4130 d
August 21 , 1987
Environmental Protection Agency - Permits and Pretreatment
Section (W-5-1 ) - Ken Greenberg
U.S . Army District, Los Angeles , Corps of Engineers -
Permits Section
NOAA, National Marine Fisheries Service
U.S . Fish and Wildlife Service
State Water Resources Control Board -
Ted Cobb, Office of the Chief Counsel
State Water Resources Control Board -
Archie Matthews , Division of Water Quality
State Department of Water Resources
State Department of Fish and Game - Marine Resources Region
State Department of Health Services - Santa Ana
Orange County Environmental Management Agency/Regulation -
Attention: Assistant Director
Orange County Health Department
Orange County Water District
WASTE DISCHARGE REQUIREMENTS FOR CITY OF HUNTINGTON BEACH,
CONSTRUCTION DEWATERING, ORANGE COUNTY, ORDER NO. 87-114 ,
NPDES NO. CA 0106208
Gentlemen:
Enclosed is a copy of tentative Order No . 87-114 , NPDES No.
CA0106208, which contains requirements for the discharge of
wastes associated with construction dewatering projects within
the City of Huntington Beach.
This order is scheduled for consideration at the Board' s October
9 , 1987 , meeting. Please provide your comments by September 17 ,
1987 . If you have any questions on this item, please contact
Linda Garcia or Hisam Baqai of our Regulations section.
Sincerely,
Gerard J. Thibeault
Supervising Engineer
Enclosure: Tentative Order No. 87-114
LCG: lcg
California Regional Water Quality Control Board
Santa Ana Region
6809 Indiana Avenue, Suite 200
Riverside, CA 92506
NOTICE OF PUBLIC HEARING
and
APPLICATION FOR WASTE DISCHARGE REQUIREMENTS
(National Pollutant Discharge Elimination System Permit)
for
City of Huntington Beach
Construction Dewatering
The City of Huntington Beach has filed a Report of Waste Discharge and applied
for requirements for the discharge of wastes associated with construction
dewatering projects within the City. Discharges from these activities are
tributary to the Santa Ana River, Reach 1, the Bolsa Chica Wetlands, and
Huntington Harbour.
On the basis of preliminary staff review and application of lawful standards
and regulations, the California Regional Water Quality Control Board, Santa Ana
Region, tentatively proposes to issue waste discharge requirements including
effluent limitations and special conditions. Persons wishing to comment upon
or object to the proposed discharge requirements are invited to submit same in
writing to the above address no. later than September 17, 1987. All comments or
objections received prior to- the above date will be considered .in the formula-
tion of final determinations regarding the waste discharge.
The Board wishes to obtain information to assist it in determining proper waste
discharge requirements and, for that purpose, will hold a public hearing as
follows:
DATE: October 9, 1987
TIME: 9:00 a.m.
PLACE: City Council Chambers
3900 Main Street
Riverside, CA 92522
Interested persons are invited to attend to express their views on these issues
relating to the above waste discharge. Persons making presentations should
confine their statements to the above stated issues. Oral statements will be
heard, but, for the accuracy of the record, all important testimony should be
submitted in writing. Oral statements should be brief to allow all interested
persons time to be heard.
The report of waste discharge, related documents, fact sheets, the Board's
proposed requirements, and all comments and petitions received may be inspected
and copied at the Regional Board office, 6809 Indiana Avenue, Suite 200,
Riverside, CA 92506 (phone 714-782-4130) between the hours of 8:00 a.m. and
4:00 p.m. , Monday through Friday.
Please bring the foregoing to the attention of any persons known to you who
would be interested in this matter.
STATEMENT OF POSTING NOTICE
REPORT OF WASTE DISCHARGE BY: �
City of Huntington Beach
Betty J. Tate says:
(NAME OF PERSON WHO POSTED COPIES OF NOTICE)
Acting on behalf of the discharger
P
(INSERT HERE"THAT HE IS THE DISCF-ARGER" OR "THAT ACT:[NG ON BEHALP
OF THE DISCHARGER")
who riled the Report of Waste Dischar;e with the CALIFORNIA REGIONAL
WATER QUALITY CONTROL BOARD, SANTA ANA REGION, and did
e"-AND DID" OR "'HE DID").
on the 2nd day of September _ 1987 ,. post two copies of
notice of said. -.-eport identical to the attached copy.
That he posted one copy of said notice glass enclosed case
(VERE RIESCRIBE HOW AND
in lobby of Civic.Center (2000 Main St. , Huntington Beach, CA)
WHERE POSTED AS ACCURATELY AS POSSIBLE)
and the other- copy of said notice glass enclosed case in courtyard
. (HERE DESCRIBE HOW AND WHERE
of Civic Center. (2000 Main Street, Huntington Beach, CA)
POSTED AS ACCURATELY AS POSSIBLE
That each of said copies thus posted occupied a conspicuous
place in the locality to be affected by the proposed dischar-e.
I declare under penalty of perjury that the foregaing is true
Signed on the 2nd - - --dad' of ------Septem a 1-
Huntington Beach 9 California,
(S CG T RE OF P RSOI. WH
POSTED COPIES OF NOTICE)
OFFICE OF THE CITY ATTORNEY
Opinion No . 73-59
August 27, 1973
SUBJECT: General Plan Elements
REQUESTED BY: City Council
PREPARED BY : Don P . Bonfa, City Attorney
John O' Connor,, Deputy City Attorney
QUESTION: What . are the elements of a local
General Plan as designated by State
law and does adoption of an element to
the General Plan require compliance with
the Environmental Quality Act?
OPINION: Mandatory and permissive elements of a
General Plan are listed hereinbelow.
Adoption of any element of a General
Plan requires processing under the
Environmental Quality Act .
DISCUSSION:
This memorandum responds to Council 's request for enu-
meration of the required elements of the General Plan
and an opinion on whether or not adoption of General
Plan elements requires processing in accordance with
. . the Environmental Quality Act .
The mandatory elements of the General Plan are:
1 . LAND-USE ELEMENT.
A land-use element which designates the proposed
general distribution and general location and extent of
the uses of the land for housing, business , industry,
open space, including agriculture, natural resources,
recreation, and enjoyment of scenic .beauty, education,
Public buildings and grounds , solid and liquid waste
disposal facilities , and other categories of public and
private uses of land. The land-use element shall include
1
OFFICE OF THE CITY ATTORNEY
Opinion No . 73-59 Pa e 2 '
E '
a statement of the standards of population density and
building intensity recommended for the various districts
and other territory covered by the plan. The land-use
element shall also identify areas covered by the plan which
are subject to flooding and shall be reviewed annually with
respect to such areas .
2 . CIRCULATION ELEMENT.
A circulation element consisting of the general loca-
tion and extent of existing and proposed major thoroughfares,
transportation routes , terminals , and other local public
utilities and facilities , all correlated with the land-use
element of the plan.
3. HOUSING ELEMENT.
A housing element developed pursuant to the regulations
established under the Health and Safety Code consisting; of
standards and plans for the improvement of housing and the
provisions for adequate sites of housing . This element of
the plan shall make adequate provision for the housing; needs
of all ,economic segments of the community .
4 . CONSERVATION ELEMENT.
A conservation element for the conservation, development ,
and utilization of natural resources including water and its
hydraulic force, forests, soils , rivers and other waters ,
harbors , fisheries , wildlife, minerals , and other natural
resources . That portion of the conservation element. includ-
ing waters shall be developed in coordination with any county-
wide water agency and with all district and city agencies
which have developed, served, controlled or conserved grater
for any purpose for the county or city for which the plan is
prepared . The conservation element may also cover:
(1) The reclamation of land and waters .
(2) Flood control .
(3) Prevention and control of the pollution of streams
and other waters .
(�{) Regulation of the use of land in stream channels
and other areas required for the accomplishment of the con-
servation plan.
OFFICE OF THE CITY ATTORNEY August 27 , 1973
Opinion No . 73-59 Page 3
(5 ) Prevention, . control , and correction of the erosion
of . soils , beaches , and shores .,
(6) Protection of watersheds .
(7) The location, quantity and quality of the rock, sand
and gravel resources .
The conservation element shall be prepared and adopted
no later than June 30, 1973 .
5. OPEN SPACE ELEMENT.
Every city is required to adopt an open space element not
later than December 31 , 1973 .
"Open-space land" is any parcel or area of land or water
which is essentially unimproved and devoted to an open-space
use as defined in this section, and which is designated on
a local , regional or state open-space plan as any of the
following :
(1) Open space for the preservation of natural resources
including, but not limited to, areas required for the preser-
vation of .plant and animal life , including habitat for fish and
wildlife species; .areas required for ecologic and other scien-
tific study purposes; rivers , streams , bays and estuaries ; and
coastal beaches , lakeshores , banks of rivers and streams , and
watershed lands .
(2) Open space used for the managed production of resources
including but not limited to, forest lands , rangeland, agricul-
tural lands and areas of economic importance for the production
of food or fiber; areas required for recharge of ground water
basins ; bays , estuaries , marshes , rivers and streams which are
important for the management of commercial fisheries, and areas
containing major mineral deposits , including those in short
supply .
(3) . Open space for outdoor recreation, including but not
limited to, areas of outstanding scenic, historic and cultural
value ; areas particularly suited for park and recreation purposes ,
including access to lakeshores, beaches , and rivers and streams ;
and areas which serve as links between major recreation and open-
space reservations , including utility easements , banks of rivers
and streams , trails , and scenic highway corridors .
(4 ) Open space for public health and safety, including,
but not limited to, areas which require special management
OFFICE OF `_ CITY ATTORNEY August 27, 1973
Opinion No . 73-59 Page 4
or regulation because of hazardous or special conditions
such as earthquake fault zones,, unstable soil areas , flood
plains , watersheds , areas presenting high fire risks , areas
required for the protection of water quality and water re-
servoirs and areas required for the protection and enhance-
ment of air quality .
6 . SEISMIC SAFETY ELEMENT.
A seismic safety element consisting of an identification
and appraisal of seismic hazards such as susceptibility to
surface ruptures from faulting, to ground shaking, to ground
failures , or to effects of seismically induced waves such as
tsunamis and seiches .
The seismic safety element shall also include an appraisal
of mudslides , landslides , and slope stability as necessary geologic
hazards that must be considered simultaneously with other
hazard; such as possible surface ruptures from faulting,
ground shaking, ground failure and seismically induced waves .
7 . NOISE ELEMENT.
A noise element in quantitative, numerical terms , showing
contours of present and projected noise levels associated with
all existing and proposed major transportation elements . These
include but are not limited to the following:
(1) Highways and freeways ,
(2) Ground rapid transit systems ,
(3) Ground facilities associated with all airports
operating under a permit from the State Department of Aeronautics .
These noise contours may be expressed in any standard
acoustical scale which includes both the magnitude of noise
and frequency of its occurrence . The recommended scale is
sound _level A, as measured with A-weighting network of a
standard sound level meter, with corrections added for the
time duration per event and the total number of events per
24-hour period .
Noise contours shall be shown in minimum increments of
five decibels and shall be continued down to 65 db (A) . For
regions involving hospitals , rest homes , long-term medical or
mental care, or outdoor recreational areas , the contours shall
be continued down to 45 db (A) .
Conclusions regarding appropriate site or route selection
alternatives or noise impact upon compatible land uses shall be
`^` included in the general plan.
t#
1 OFFICE OF ThE CITY ATTORNEY August 27 , 1973
Opinion No . 73-59 Page 5
The state , local, or private agency responsible for
the construction or maintenance of such transportation
facilities shall provide to the local agency producing the
general plan, a statement of the present and projected noise
levels of the facility, and any information which was used in
the development of such levels .
8 . HIGHWAY ELEMENT.
A scenic highway element for the development , establish-
ment and protection of scenic highways . The Legislature
declared under Section 260 of the Streets and Highways Code
that it is the intent of the Legislature in designating such
scenic highways "to assign responsibility for the development
of such scenic highways and for the establishment and application
of specific planning and design standards and procedures
appropriate thereto and to indicate, in broad statement terms ,
the location and extent of routes and areas requiring continuing
and careful co-ordination of planning, design, construction,
and regulation of land use and development , by state and local
agencies as appropriate, to protect the social and economic
values provided by the State 's scenic resources . "
Section 261 further provides : " . . .In establishing and
applying such standards for, and undertaking the development
of, official scenic highways , the department shall take into
consideration the concept of the "complete highway, " which
is a highway which incorporates not only safety, utility, and
economy but also beauty. The department shall also take into
consideration in establishing such standards that , in a "complete
highway, " pleasing appearance is a consideration in the planning
and design process . In the development of official scenic
highways , the department shall give special attention both to
the impact of the highway on the landscape and to the highway 's
visual appearance . The standards for official scenic highways
shall also require that local governmental agencies have taken
such action as may be necessary to protect the scenic appearance
of the scenic corridor, the band of land generally adjacent to
the highway right-of-way, including, but not limited to (1)
regulation of land use and intensity (density) of development ;
(2) detailed land and site planning; (3) control of outdoor
advertising; (4) careful attention to and control of earthmoving
and landscaping; and (5) the design and appearance of structures
and equipment . "
9. • SAFETY ELEMENT.
A safety element for the protection of the community from
fires and geologic hazards, including features necessary for
OFFICE. OF CITY ATTORNEY August 27 , 1973
Opinion No 73--59 Page 6
such protection as evacuation routes, peak load water supply
requirements , minimum roads w1th clearances around structures
and geological hazard mapping In arenas oV known geological
hazards .
The permissive elements of the General Plan include
the following:
1 . RECREATION ELEMENT.
The General Plan may include the following elements
or any part or phase thereof:
(a) A recreation element showing a comprehensive
system of areas and public sites for recreation , including,
the following, and, when practicable , their locations and
proposed. development :
(1) Natural reservations .
(2) Parks .
(3) Parkways .
(4) Beaches .
(5) Playgrounds .
(6) Other recreation areas .
2 . CIRCULATION ELEMENT.
As part of a circulation element may be included
recommendations concerning parking facilities and building
setback lines and the delineations of such systems on the
land; a system of street naming, house and building numbering;
and such other matters as may be related to the improvement
of circulation of traffic .
3 . TRANSPORTATION ELEMENT.
A transportation element showing a comprehensive
transportation system, including locations of rights-of--way ,
terminals , viaducts , and grade separations . This element of
the plan may also include port , harbor, aviation, and related
facilities .
4 . A TRANSIT SYSTEM.
A transit element showing a proposed system of transit
lines , including rapid transit , streetcar, motor coach and
trolley coach lines , and related facilities .
i
II
l
OFFICE OF THE CITY ATTORNEY August 27 , 1973
Opinion No . 73-59 P1'ige 7
5 . PUBLIC SF;RVICES A14D 'AC11,I'I_LF'S };I.,},MEN'I' .
A public service; and facilities element showing
general plans for sewerage , refuse disposal , drainage , and
local utilities , and rights-of-way , easements , and facilities
for for theca.
6 . PUBLIC BUILDING ELEMENT .
A public building; element showing locations and
arrangements of civic and community centers , public schools ,
libraries , police and fire stations , and other public buildings ,
including their architecture and the landscape treatment of
their grounds .
7 . A DESIGN ELEMENT.
A community design element consisting of standards
and principles governing the subdivision of land, and showing
recommended designs for community and neighborhood development
and redevelopment , including sites for schools , parks , play-
grounds and other uses .
8 . HOUSING ELEMENT.
A portion of the housing element may consist of
standards and plans for the elimination of substandard
dwelling structures .
9 . REDEVELOPMENT ELEMENT .
A redevelopment element consisting of plans and
programs for the elimination of slums and blighted areas and
for community redevelopment , including housing sites ,
business and industrial sites , public building sites , and
for other purposes authorized by law .
10 . MISCELLANEOUS ELEMENTS .
Such additional elements dealing with other subjects
which in the judgment of- the planning agency relate to the
physical development of the county or city .
Since the Environmental and Resources Section, and the
Society and Cultural Section are not specifically designated
in provisions of the Government Code , they would fall under
the miscellaneous section of. Section 65303 , which is permissive
(see No. 10) .
The adoption of elements of the General Plan clearly
. , falls within the purview of the Environmental Quality Act .
OFFICE OF THE CITY ATTORNEY August 2.7., 1973
Opinion No . 73-59 Page 7
5 . PUBLIC SERVICES AND FACILITIES ELEMENT .
A public services and facilities element showing;
general plans for sewerage , refuse disposal , drainage , and
local utilities , and rights-of-way., easements , and facilities
: for them.
6 . PUBLIC BUILDING ELEMENT.
A public building element showing locations and
arrangements of civic and community centers , public schools ,
libraries , police and fire stations , and other public buildings ,
including their architecture and the landscape treatment of
their grounds .
7 . A DESIGN ELEMENT.
A community design element consisting of standards
and principles governing the subdivision of land, and showing.
recommended designs for community and neighborhood development.
and redevelopment , including sites for schools , parks , play-
grounds and other uses .
8 . HOUSING ELEMENT.
A portion of the housing elernent .may consist of
standards and plans for the elimination of substandard
dwelling structures .
9 . REDEVELOPMENT ELEMENT .
A redevelopment element consisting of plans and
programs for the elimination of slums and blighted areas and
for community redevelopment , including housing sites ,
business and industrial sites , public building sites , . and
for other purposes authorized by law.
10 . MISCELLANEOUS ELEMENTS.
Such additional elements dealing with other subjects
which in the judgment of` the planning agency relate to the
physical development of the county or city .
Since the Environmental and Resources Section, 'and the
Society and Cultural Section are not specifically designated
in provisions of the .Government Code , they would fall under
the miscellaneous section of Section 653031 which is permissive
(see No. 10) .
The adoption of elements of the General Plan clearly.
falls within the purview of the Environmental Quality Act .
OFFICE OF TuF CITY ATTORNEY August 27 , 1973
Opinion No . 3-59 Page 8
Section ?:1080 states that the Act "sh�-tll apply to the
d i..;c r.�et_i onary projects proposed to be ca.r.r. :i ed out or
approved. by public a_frencies in'clud.ing, but: not limited to ,
the enactment and amendment of zoning ordinance.: , the
issuance of zone variances, the issuance of conditional use
permits and the approval of tentative subdivision maps . "
Further, Section 15037 of the Guidelines for imple-
mentation of the California Environmental Quality Act , ti•rhich
have been expressly adopted by resolution of the City Council
of Huntington Beach, provides :
"15037 . Project .
(a) 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 public agency including
but not limited to public works
construction and related activities ,
clearing or grading of land,
improvements to existing public
structures, enactment and amendment
of zoning ordinances , and the
adoption of local General Plans
or elements thereof. "
We, therefore , must conclude that every element of a
General Plan adopted by the City must be processed in .
accordance with the provisions of the Environmental Quality
Act of 1970 and our local regulations .
DON P. BONFA and OHN 0 ' NOR
City Attorney Deputy Cit Attorney
DPB :JO:ek
01
JA CITY OF HUNTINGTON BEACH CA 73- 73
COUNCIL-ADMINISTRATOR COMMUNICATION
HUN'"NGTON BEACH .
To Honorable Mayor and From City Administrator
City Council Members
Subject ENVIRONMENTAL IMPACT Date June 15 , 1973
REPORTS
At the May 2:1 , 1973, City Council meeting, -Councilman Green
expressed concern that the procedures being followed in process-
ing Environmental Impact Reports may not be in strict compliance
with State Guidelines . This matter has been investigated and it
was determined that, although there are many grey areas which
lack specific direction, there are a few changes that should be.
instituted. These changes. are .as follows :
1. Provide a place on the Planning Commission and City Council
agendas for the adoption of Environmental Impact Reports
prior to action being taken on the application relating
thereto.
2. Transmit a copy of the Environmental Impact Report to the
County Clerk.
3. Require an Exemption Declaration or Environmental Impact
Report on all Master Plan amendments , Code amendments which
affect land use , and Planning Commission initiated zone
changes .
Another problem that needs correction and is presently being
investigated by the City Attorney' s office is that the State law
(Subdivision Map Act) and City ordinances require that action be
taken on an application within a specific period of time. These
time limitations are in conflict with the time needed to process
an Environmental Impact Report. For example , action on a zone
change mast be taken within 95 days of the date the application
is filed. All applications to the Board of Zoning Adjustments
must be acted upon within 30 days of the date that they are
filed. Any action on tentative tracts must be taken within 50
days . These time constraints are virtually impossible to meet
when a project may require an Environmental Impact Report. An
Environmental Impact Report takes approximately 4 months from the
time it is determined that an EIR is required until it is approved
by the Environmental Review Board.
In order to keep the City Council advised of the environmental
aspects and status of a project, all transmittals and requests for
Council action on matters requiring environmental review will
include a statement of the project status . In addition, the
Environmental Review Board's transmittal on a project will be
Environmental. Impact Reports - 2- June 15 , 1973
included in the Council '.s packet and a copy of the final Environ-
mental Impact Report or Exemption Declaration will be mailed to
the City Council in advance .
I hope that the City Council realizes that much of the law
concerning environmental matters. is in a state of change and,
therefore , subject to different interpretations . Becans.e of .
this it may be necessary from time to . time to re-evaluate our
procedures so that they may- be in line with recent court. inter-
pretations , Attorney General opinions , and City Attorney opinions .
Respectfully submitted,
2
avid. D: Rlo�
wlands
City Administrator
DDR:eh
11
CITY OF HUNTINGTON BEACH CA 73-50
COUNCIL-ADMINISTRATOR LOMMUNICATION
HUNTINGTON BEACH
To Honorable Mayor and From City Administrator
City Council Members
Subject ADOPTION OF EIR Date April 9 , 1973
CATEGORICAL EXEMPTIONS
Supplemental to the EIR status report (see CA 73-49)
and Resolution 3668 , the City Attorney has prepared
a resolution adopting new categorical exemptions .
These exemptions are a composite of State and City
exemptions and should replace those now in effect .
This list is also considered adequate for inclusion
in the new guidelines now under preparation.
As EIR procedural control is being assumed by the
Planning Department, guidelines are under preparation
which will reflect the mandates of the State Resources
Agency and include local requirements as well .
Recommendation:
Adopt categorical exemptions .
Respectfully submitted,
David D. Rowlands
City Administrator
DDR:eh
r
a
,r.
W
1`
I
b�
April 12 , 1973
To : City Council
From: City Attorney
Subject : Environmental Impact Report
Categorical Exemptions
At the request of the Secretary of the Environmental
Review Board and the City Administrator, we transmit
resolution, as an interim measure, establishing cate-
gorical exemptions pursuant to the California Environ-
mental Act of 1970, and the guidelines promulgated by
the Resources Agency of California.
Respectfully submitted,
DON P. BONFA
City Attorney
/er
�V
DRAFT
CATEGORICAL EXEMPTIONS
This draft list of categorical exemptions has been prepared
in accordance with Division 6 , Title 14 , Chapter 3, Article 3 ,
Section 15614. AApplication, of the California Administrative
Code which reads :
"These Guidelines provide basic principles ,
objectives , criteria and definitions which individual
public agencies shall adapt for internal use , inter-
preting these Guidelines in terms of specific projects .
Such internal procedures - must be consistent with these .
f
Guidelines , and shall be adopted within sixty days after
these Guidelines are adopted" (adopted February 3, 1973)
and Section 15116 Application by Public Agencies , which reads :
"Each public agency shall , in the course of establishing.
its own procedures , list those specific activities which fall
within each class , subject to the qualification that these lists
must be consistent with both the letter and the intent expressed
in the classes ."
Accordingly, the attached draft list utilizes the class
format adopted by the Secretary of the Resources Agency in order
to insure compliance with the requirement of Section 15116 that
the city "list those specific activities which fall within each
class . "
Draft
Page 2
In addition, this draft list includes many of the specific
examples listed by the State in an attempt to provide the staff
and the citizens with a comprehensive list that can be used
effectively in determining which projects may have a signi-
ficant effect on the environment.
CATEGORICAL EXEMPTIONS
In compliance with Section 21084 of the Public Resources
Code and Division 6 , Title 14, Chapter. 3, Article 8 , Section
15100 of the California Administrative Code , this list of
Categorical Exemptions sets forth classes of projects which
"do not have a significant effect on the environment and are
declared categorically exempt from the requirement for the
preparation of an EIR," subject to the qualification stated in
Section 15114 which reads :
"Class 3, 4 , 5, and 11 are qualified by considerations
of where the project is to be located . . . these classes are
considered to apply in all instances , EXCEPT where the project
may impact on an environmental resource , or hazard of critical
concern as may be hereafter designated, 'precisely mapped,
and officially adopted pursuant to law. 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 . "
i •
Draft
Page 3
Class 1 : Existing Facilities . Consists of the operation,
repair, maintenance or minor alteration of existing public
or minor alteration of existing public or private structures ,
facilities , mechanical equipment, or topographical features ,
involving negligible or no expansion of use beyond that
previously existing, including but not limited to:
(a) Interior or exterior alterations involving such things
as interior partitions , plumbing, and electrical
conveyances .
(b) Existing facilities of both investor, and publicly owned
facilities used to convey or distribute electric power,
natural gas , sewage , etc.
(c) Existing highways and streets (within already established
rights-of-way) sidewalks , gutters , bicycle and pedestrian
trails , and similar facilities .
(d) Restoration, or rehabilitation of deteriorated or damaged
structures , facilities or mechanical equipment to meet
current standards of public health and safety, unless it
is determined that the damage was substantial and resulted
from an environmental hazard such as earthquakes , land-
slide or flood.
(e) Additions to residential structures that will not result
in an increase of mote than 50 percent of the floor area
of the structure before the addition or alteration, or
2500 square feet, whichever is less
Draf t
Page 4
(f) Additions and alterations to existing commercial ,
industrial or professional buildings which do not
exceed twenty-five percent of the floor area of the
existing structure .
(g) Addition of safety or health protection devices for
use during construction of or in conjunction with
existing structures , facilities or mechanical equipment,
or topographical features (including navigational
devices) where these devices do not have or result in
an adverse environmental impact .
(h) New copy on existing on and off premise signs
(i) Maintenance of existing landscaping, native growth and
water supply reservoirs (excluding use of economic poisons,
as defined in Division 7, Chapter 2, California Agri-
cultural Code) ;
(j) Maintenance of fish screens , fish ladders , wildlife
habitat areas , artificial wildlife waterway devices ,
streamflows , springs and waterholes , and stream channels
(clearing of debris) to protect fish and wildlife
resources .
(k) Demolition and removal of buildings and related structures
except where they are of historical , archaeological or
architectural consequence as officially designated by
Federal , State or local governmental. action.
Draft
Page 5
Class 2 : Replacement or Reconstruction. Consists of replace- .
ment or reconstruction of existing structures and faciliites
where the new structure will be located on the same site as
the structure replaced and will have substantially the same
purpose and capacity as the structure replaced, including but
not limited to :
(a) Replacement or reconstruction of existing schools and
hospitals to provide earthquake resistant structures which
do not increase capacity more than 50% .
(b) Replacement of a commercial structure with a new structure
of substantially the same size and purpose .
Class 3: New Construction of Small Structures . Consists of
construction and location of single , new facilities or structures
listed in this notice . and installation of new equipment and
facilities including but not limited to:
(a) Single family residences not in conjunction with the building .
of two or more such units
(b) Apartments and duplexes designed for not more than four
dwelling units if not in conjunction with the building of
two or more such structures
(c) Stores , offices and restaurants if designed for an occupant
load of 20 persons or less , if not in conjunction with
the building of two or more such structures .
y
Draft
Page. 6
(d) Water main, sewage , electrical , gas and other utility
extensions of reasonable length to serve such construction
(e) Accessory (appurtenant) structures including garages ,
carports , patios , swimming pools and fences .
Class 4 : Minor Alterations to Land. Consists of minor public
or private alterations in the condition of land, water and/or
i
vegetation, including but not limited to:
(a) New gardening or landscaping but not including tree
removal
(b) Grading on land with a slope of less than 10% and
involving less than 300 cubic yards of earth, except where
it is to be located in a waterway, in any wetland, in an
officially designated (by Federal , State or local govern-
mental action) scenic area, or in officially mapped areas
of severe geologic hazard.
(c) Filling of earth into previously excavated land with
material compatible with the natural features of the site
(d) Minor temporary uses of land having negligible or no
permanent effects on the environment, including carnivals ,
sales of Christmas trees , etc.
Class 5 : Alterations in Land Use Limitations . Consists of minor
alterations in land use limitations , except zoning , including
1 '
Draft
Page 7
but not limited to:
(a) Minor lot line adjustments , side yard and set back
variances not resulting in the creation of any new
parcel nor in any change in land use or density
(b) Issuance of minor encroachment permits .
Class 6 : Information Collection. Consists of basic data
collection, research, experimental management and resource
evaluation activities which do not resultinn a serious or
major disturbance to an environmental resource . These may be
i
for strictly information gathering purposes , or as part of
a study leading to an action which a public agency has not
4
yet approved, adopted or funded.
i
Class 7 : Regulatory Actions for Protection of Natural Resources .
Consists of actions taken by regulatory agencies , as authorized
by state law or local ordinance , to assure the maintenance ,
restoration, or enhancement of a natural resource , including
but not limited to wildlife preservation.
Class 8 : Regulatory Actions for the Protection of the .Environment .
Consists of actions .taken by regulatory agencies , as authorized
by State law or local ordinance , to assure the maintenance ,
restoration, enhancement , or protection of the environment.
• I
i
i
Draft
Page 8
Class 9 : Inspections . Consists of activities limited
entirely to inspection, to check for health or safety of a
project , including related activities such as inspection for
possible mislabeling, misrepresentation or adulteration of
products .
Class 10 : Loans . Consists of loans made by the Department
of Veterans Affairs under the Veterans Farm and Home Purchase
Act of 1943.
Class 11: Accessory Structures . Consists of construction, or
placement of minor structures accessory to (appurtenant)
existing commercial , industrial, or institutional facilities ,
including but not limited to:
(a) On-premise signs
(b) Small parking lots
Class 12 : Surplus Government Property Sales . Consists of sales
of surplus government property except for parcels of land.
CITY OF HUNTINGTON BEACH CA 73-49
COUNCIL-ADMINISTRATOR COMMUNICATION
HUNTINGTON BEACH
To Honorable Mayor and From City Administrator
City Council Members
Subject STATUS REPORT - Date March 28F12-7L-E®D
REVISION OF ENVIRONMENTAL
IMPACT REPORT GUIDELINES Qy
............ L... 19_ .
The following chronology reflects progress to date in
revising the EIR guidelines for conformance with Assembly
Bill 889 :
1. January 30 , 1973 Environmental Review Board reviewed
State requirements for guideline
revision and proceeded to solicit
consultant proposals for revision.
2 . February 14 , 1973 - Staff recommended (CA 73- 21) that new
documents be prepared for Council,
Planning Commission and City Attorney
review by March 13th.
3 . March 13 , 1973 - County draft guidelines received
pursuant to Council direction.
4 . March 14 , 1973 - County guidelines forwarded by Environ-
mental Review Board to City Attorney for
preparation .of interim resolution of
adoption.
5. March 27, 1973 - City Attorney advises that interim
resolution is in preparation. Environ-
mental Review Board, by minute action,
will review all Exemption Declarations
and EIRs for conformance to State
guidelines .
Please note that every effort is being made to adapt County
guidelines to City requirements . The problem arises , however,
that County revisions are a continuing process and places an
undue burden on a revision schedule .
Respectfully submitted,
A
David D. Rowlands
City Administrator
DDR:eh
Izq
CITY OF HUNTINGTON BE �' - 3-21
OLJ COUNCIL-ADMINISTRATOR COMMUNICAT ON L. �cl`J
HUNTINGTON BEACH
1 - r
To Honorable Mayor and From City xator
City Council Members
_- _ ..-�:
Subject REVISION OF CITY EIR Date February 14 , 1973 — f
GUIDELINES
The City received the "Guidelines for the Implementation of the
California Environmental Quality Act of 1970" on February 7 , 1973.
The intention of these documents is to eliminate the need to
prepare Environmental Impact Reports or, if necessary, aid in the
preparation of those reports .
Under recently passed Assembly Bill 889 , the City' s EIR procedures_:
must be in conformance with the State guidelines within 60 days ,
or by April 5th. To this end, we recommend that new documents be
prepared for Council, Planning Commission and City Attorney review
by March 13th in order to provide the widest possible input by City
policymakers .
As the task is immense and the time element is compressed, the City' s
Environmental Review Board has solicited proposals from four consult-
ing firms capable of immediate revision of the following five major
elements of the EIR process :
1. Instructional material for the applicant for City entitlement .
2 . The EIR, negative declaration or exemption procedures and flow
chart of those procedures .
3. Design and preparation of the conforming Environmental Impact
Report and negative declaration.
4 . Review and evaluation process .
5 . Draft ordinances covering the City EIR process .
It appears that the result of this revision will be a more equitable
and standard approach to the EIR process among the many entities
involved.
Recommendation:
Authorize the City Administrator to select a firm from those recommended
by the Environmental Review Board,and negotiate the fee for performing
the work.
Respectfully submitted,
avi D. Rowla ds
City Administrator
DDR: eh MO;�
-
A 4= '
-CITY OF BUENA PARK ® _
C A L 1 F O R N I A
6 6 5 0 B E A C H B O U L E V A R D T. E L 5 2 1 - 9 9 0 0
OFFICE OF TNfi CITY CLERK
MARGUERITE G. COURSON
February 2, 1973
l , I P ,
i
F�r 5 jq/J
TO ALL CITIES IN ORANGE COUNTY: C }
CITY OF HIIfdTMCTOIU
RDMIPJISTRATIq- OFF;
Enclosed is a certified copy of Resolution
No. 4857, adopted by the Buena Park City Council on January
29, 1973, entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE C Y '
OF BUENA PARK IN OBJECTION TO THE PROPOSED
INTERIM GUIDELINES FOR THE PREPARATION ANC 6y
EVALUATION OF ENVIRONMENTAL IMPACT REPORTS _ N
UNDER THE STATE .OF CALIFORNIA ENVIRONMENT L
QUALITY ACT OF 1970 AS DEVELOPED BY THE OFF i �7 I
OF PLANNING AND RESEARCH AND REQUESTING MODIFI-
CATION OF THE PROPOSED INTERIM GUIDELINES TO
PROVIDE RELIEF FROM THE TIME-CONSUMING, COSTLY
AND UNWIELDY ADMINISTRATIVE PROCEDURES PROPOSED
IN SAID GUIDELINES".
Very truly yours,
CITY OF BUENA PARK
Marg�itee Courson
City Clerk
MGC:CB
Enclosure
RESOLUTION No. 4857
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK IN OBJECTION
TO THE PROPOSED INTERIM GUIDELINES FOR THE PREPARATION AND EVALUATION
OF ENVIRONMENTAL IMPACT REPORTS UNDER THE STATE OF CALIFORNIA ENVIRON-
MENTAL QUALITY ACT OF 1970 AS DEVELOPED BY THE OFFICE OF PLANNING AND
RESEARCH AND REQUESTING MODIFICATION OF THE PROPOSED INTERIM GUIDELINES
TO PROVIDE RELIEF FROM THE TIME-CONSUMING, COSTLY AND UNWIELDY ADMINIS-
TRATIVE PROCEDURES PROPOSED IN SAID GUIDELINES.
WHEREAS, the State of California has enacted the Environmental Quality
Act of 1970; and
WHEREAS, the City Council of the City of Buena Park concurs with the
concept, intent and provisions of said Act and has established interim pro-
cedures for the implementation of said Act consistent with the well-conceived
Comprehensive General Plan of the City of Buena Park; and
WHEREAS, the Office of Planning and Research has been directed by legis-
. . lation to coordinate the development of objective criteria and procedures to
assure the orderly preparation and evaluation of environmental impact reports
in conjunction with appropriate State, regional and local agencies; and
WHEREAS, the Office of Planning and Research has prepared such proposed
interim guidelines for adoption by the Secretary For Resources of the State
of California; and
WHEREAS, the Technical Staff of the City and the City Council of the City
of Buena Park have duly considered said proposed interim guidelines.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Buena
Park objects to the proposed interim guidelines for the preparation of environ-
mental impact reports as prepared by the Office of Planning and Research for
the following reasons:
1. The procedures as proposed will be time-consuming, costly and unwieldy,
resulting in an unwarranted duplication of record maintenance by various public
agencies which will be detrimental not only to the public agencies responsible
for the administration and record maintenance, but also to the land owner and the
developer, and, ultimately, to the individual citizen and taxpayer.
2. The categorical exemptions proposed in the interim guidelines are too
limited in scope for a practicable administration of orderly land use and urban
development consistent with the goals and growth policies of a stabilized urban
community such as the City of Buena Park and place an undue financial burden
upon the City, the land owner and the developer.
BE IT FURTHER RESOLVED, that for the aforesaid reasons the City Council of
the City of Buena Park. proposes and requests that the guidelines be modified
to expand the categorical exemptions for projects which are consistent with the
General Plan and regulated growth policies of stabilized urban communities
such as Buena Park and that the administrative procedures for the determination .
of exemption declarations, the manner of making such declarations public. and
of recording such declarations be simplified.
BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to State
Senators James E. Whetmore and Dennis Carpenter; Assemblymen Robert E. Badham,
Robert H. Burke, Kenneth Cory, and John V. Briggs; the League of California
Cities; the Office of Planning and.Research of the State of California; the
Secretary for Resources of the State of California; the Orange County Board of
Supervisors; the Southern California Association of Governments; and to adjoining
cities.
-l_ J
: U �
a
PASSED AND ADOPTED this 29th day of January 1973, by the
following called vote:
AYES: 5 COUNCILMEN: Bousman, Davis, Fonte, Meyer and Hines
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
M
MAYOR
ATTEST:
CITY CLERK
I hereby certify that the foregoing Resolution was duly and regularly
passed and adopted at a regularly adjourned meeting of the City Council of
the City of Buena Park, held this 29th day of January 1973.
CITY CLERK
CO rn0f THE
a A
FU
OR"' ON P16F 7M K ANL
_ O,,IG
Y CyFtsK OF TtHs CIS3 OF'8064A PARK 197�, CALIApRiVIA
i
-2-
SECRETARY GOVERNOR OF y RESOURCESBUILDING
CALIFORNIA 1416 NINTH STREET-
' . 95R14
R..• Raord
.,,nnm.nr n,Na+po,on a„d 4I _ Son Francisco flay Can••.oin•
- ,l , ,; 1 De.elopman,Cam msson
nad R.,.. A;\i �; Lands Con,m.ss,a,.
w,..o• r � S,o,e Reclam an un Bnar d'
S,a,,war ar Resow Con1,61 F".
THE RESOURCES AGENCY OF CA�Lj� twl Ilr;'`o�r�En::H Rap�anal wa,.,owr,y c„�,.�i ::......
t�1, .TIV � W�w Ee
SACRAMENTO, CALIFORNIA
By
TO WHOM IT MAY CONCERN: ...............d."�l. 19 _
Subject Guidelines for Environmental Impact Reports
Pursuant to authority granted in Public Resources Code Section 21083 ,
the Secretary for Resources will adopt guidelines as regulations in
Division 6 of Title 14 of the California Administrative Code, for
the implementation of the California Environmental Quality Act,
Public Resources Code Sections 21000 through 21174, dealing with
environmental impact reports. Attached for your review Is a
preliminary draft which will be subject to modification before
the guidelines are adopted.
This draft of the guidelines is being .sent to all cities and counties,
other public agencies which will be concerned with environmental
reports, and private organizations and individuals who have expressed
an interest in reviewing and commenting on the guidelines before they
are adopted. The text will. be revised before the guidelines are
finally adopted. This draft is being sent to you at this time to
show you the approaches that the Resources Agency is proposing to
take with regard to environmental impact reports.
The Secretary for Resources will conduct two hearings on the guidelines .
One hearing will be conducted on January 25, 1973, beginning at 9:.00 a.m. ,
in the auditorium of the Resources Building, 1416 Ninth Street,
Sacramento, California, and a second hearing will be conducted on
.January 26, 1973 beginning at 10:00 a.m. , in the auditorium of the
Old State Office Building at 217 West First Street, Los Angeles,
California . Comments should be in writing, if possible. Written
comments from the public forwarded by mail 'or in person also will
be received in the Office of the Secretary for Resources, Room 1311,
1416 Ninth Street, Sacramento, California 95814 until 5:00 p.m. .on
January 26, 1973 . To be most helpful, comments should address them-
selves to specific points in the guidelines and. offer specific language
for changes in the text. Comments should identify the subject being
discussed by subject, page, paragraph, and line number . Due to time
limitations, comments should be submitted as soon as possible to insure
detailed consideration.
Sincerely,
Secretary for Resourc s
Attachment
ERRATA
1. . The fo1_Lowing chariges will be made on page 12:
a . After paragraph c. (4) , insert:
(5) The environmental effects of a project will cause
substantial adverse effects on human beings, either
directly or indirectly.
h. Change paragraph d. to read:
d. An LTR must also be prepared whenever a .proposed
activity will impact on resource of critical concern,
as identified by the Office of Planning and Research,
and specified in the Environmental Goals and Policies
of the State adopted by the Governor, due to the
extreme likelihood of significant impact. The EIR
must specify how the critical resources of the area
will be protected.
The Appendices are not included with this draft. Copies
"WL, available for examination at the following addresses:
Office of the Secretary for Resources, Room 1311, .1416 Ninth
Street, Sacramento, California 95814
Office of Planning and Research, Room 222, 1400 Tenth Street,
Sacramento, California 95814
Office of Information Services, 12C South Spring Street,
Room 104, Los Angeles, California 90012
California State Library, Library and Courts Bldg. , Sacramento
95800
Fresno County Free Library, 211-20 Mariposa. Street, Fresno 93721
Los Angeles Public Library, Serials Division, 630 West Fifth
Street, Los Angeles 90017
Oakland Public Library, 125 Fourteenth Street, Oakland 94612
San Diego Public Library, 820 E Street, San Diego 92101
S..tn Diego State College Library, 5402 College Avenue,
San Diego 92115
S>in Francisco Public Library, Civic Center, San Francisco 911102
Stanford University Libraries, Government Document Department,
Stanford 94305
University of California Library, Documents .Department,
Berkeley 947n0
University of Co.lifornia. Library, Documents Department,
Davis 95616
University of California Library, Government Publications
Services, 405 Hilgard Avenue, Los Angeles 90024
12-19-72
GUIDELINES FOR THE
PREPARATION AND EVALUATION OF ENVIRONMENTAL
IMPACT REPORTS UNDER THE CALIFORNIA .
ENVIRONMENTAL QUALITY ACT OF 1970
STATE OF CALIFORNIA
OFFICE OF THE SECRETARY FOR RESOURCES
1416 NINTH STREET, SUITE 1311
SACRAMENTO 95814
TABLE OF CONTENTS
PAGE
PART A - GENERAL
Section 1 - Purpose 1
Section 2 - Policy 1
Section 3 - Definitions 3
Section 4 - How the CEQA Applies To A Project 5
a. Ongoing Project 5
b. Project Proposed by Federal Agencies 6
c . State and Local Agency Projects 6
d. Lead Agency 7
e. Multiple Projects 9
Section 5 - General Responsibilities. . 9
a. Office of Planning and Research 9
b. The Resources Agency Secretary 9
c . Public Agencies 9
Section 6 - Budget Requests 10
PART B - GUIDELINES FOR ENVIRONMENTAL IMPACT REPORT
PROCEDURES 11
Section 1 - Evaluating Environmental Significance 11
Section 2 - Preparing Environmental Impact Reports and
Exemptions 114
-2-
PAGE
PART C - CONTENT OF ENVIRONMENTAL IMPACT REPORT 19
Section 1 - Description of Project 19
Section 2 - Environmental Description 19
Section 3 - Fnvironmental Impact 19
Section 4 - Final Environmental Impact Report 22
PART D - PARTICIPATION 23
Section 1 - Public Hearings 23
Section 2 - Requests For Environmental Documents 23
Section 3 - Review of Environmental Impact Reports 23
PART A - GENERAL
These Guidelines have been developed by the Office of
Planning and Research for adoption by the Secretary for
Resources in accordance with Section 21083 of the Public
Resources Code as enacted by Chapter 1154 of the Statutes
of 1972 (AB 889) .
SECTION 1 - PURPOSE
The purpose of these Guidelines is to provide. public agen-
ci:es with the necessary information to prepare and evaluate
Environmental Impact Reports (EIR 's) on projects which would
have a significant effect on the environment--as specified .
by the California Environmental Quality Act of 1970 (CEQA),
Chapter 1433, Statutes of 1970, Public Resources Code Sec-
tions .21000-21174, amended by Chapter 1154, Statutes of 1972
(AB 889) . The Interim Guidelines are binding on all public
agencies.
SECTION 2 - POLICY
As outlined in Sections 21000 and 21001 of the CEQA, every
public agency and every citizen has an obligation to take al:6
action necessary to protect, rehabilitate and enhance the
environment of the State. It should be recognized that State.
policy on the environment is woven not only through specific
environmental protection laws (e.g. , involving air and water
quality) , but has more recently been stated in the CEQA and
the Governor's Environmental Goals and Policy Report. Other
aids, including the California Ocean Area Plan and the Urban
Geology Master Plan, are also available. It should also be. -
recognized that CEQA states "the long-term preservation of
the environment shall be the leading criterion in public
decisions" .
An Environmental Impact Report is an informational document
which, when fully prepared in accordance with the CEQA and
these Guidelines, will inform public decision-makers of the
environmental effects of projects they propose to carry out
or approve. The function of preparing EIR 's requires that
public agencies evaluate a project to determine whether it
might have a significant effect on the environment, examine
Methods of reducin- adverse impacts, and consider alternatives
to the project as proposed. These things must be done prior
to approval or disapproval of the project. An EIR may not be
used as an instrument to rationalize approval of a project,
nor do indications of adverse impact, as enunciated in an EIR,
require that a project be disapproved--public agencies retain
full authority to balance environmental objectives with eco-
nomic and social objectives.
In the course of an EIR, the sponsor shall:
a. Assess in detail the potential impact of the project on
the environment, in consultation with other appropriate
Federal, State and Local agencies, and with comment from
the general public .
b. Identify any adverse environmental effects which cannot
be avoided if the proposal is implemented.
c. Note all measures proposed which would minimize any adverse
environmental impacts.
d. Describe in detail any feasible alternatives to the pro-
posed project.
e. Evaluate the relationship between local short-term uses
of man's environment and the maintenance and enhancement
of long-term productivity.
f. List any irreversible environmental changes which would
result from the proposed project.
g. Describe the growth-inducing impact of the proposed project.
Whether the public agency prepares the EIR itself, or contracts
with private experts to do the preparation, and/or amends a
draft EIR prepared by an applicant, it is responsible entirely
for the adequacy and objectivity of the final EIR.
A sponsor which must prepare an EIR for a project, to comply
with Federal requirements adopted under the National Environ-
mental Protection Act by the Council on Environmental Quality,
need not prepare an entirely different or separate EIR to
comply with CEQA. If a sponsor proposes to use a federal EIS
to meet the requirements of CEQA, it is necessary for the EIS
to also include a description of the project, a description of
the environment as it exists before the project commences, an
ekamination of all project elements designed to mitigate against
Adverse environmental impacts, and a description of the growth-
inducing impact of the project.
Each project which public agencies undertake or approve falls
into one of three categories. It may qualify under a Categor-
ical Exemption established in these Guidelines, meaning that
it is part of a class of projects which will not have a signif-
icant impact on the environment. It may not be part of such an
established class, but still will not have a significant impact
on the environment, allowing it to qualify for a Negative Decla-
ration. Or it may have a significant impact on the environment,
and it will require an Environmental Impact Report. If it is
a project as defined in these Guidelines, it must fit one of
these specifications.
These Guidelines have only a general application to the diver-
sity of projects undertaken or approved by public agencies.
They provide basic principles, objectives and criteria which
indi'viduA'l agencies must adapt for internal use, interpreting
these Guidelines in terms of their specific projects. Such
internal -procedures must be consistent with these Guidelines,
and must be adopted within sixty days after these Guidelines
are adopted .
-2-
Individual agencies must also coordinate the procedures out-
lined in _these Guidelines with procedures they have been using
up to February 3, 1973, in undertaking or approving projects--
in doing so, however, agencies are not free to compromise the
. basic principles, objectives, and criteria included here.
SECTION 3 - DEFINITIONS
a . Approval : Approval of a project to be carried out by a
public agency occurs on the date when public expenditures.
are authorized for acquisition of property. If no prop-
erty acquisition is to be involved, approval occurs on the
first date public funds for the project are authorized.
If no public agency funds are involved in the project, then
approval occurs on the date when the public agency autho-
rizes the project to proceed.
b. Categorical Exemption: An exemption which may be estab-
lished for a type or class of project,where no significant
environmental effects are anticipated. A project which
qualifies under an existing Categorical Exemption does not
require an EIR.
c . Emergency Exemption: An exemption claimed by a sponsor
for a project urgently needed due to an emergency . An
emergency as used in these Guidelines is a sudden and
catastrophic public calamity caused by an unforeseen occur-
rence or combination of occurrences of statewide or local
impact, such _as fire, flood, earthquake or other natural
disaster, riot or war (other than an official state of
emergency proclaimed by the Governor--see footnote under
definition of project ) . The sponsor is exempt from having
to file an EIR in this situation.
d. Environment: The physical conditions of an area including
land, air, water, minerals, flora, fauna , ambient noise,
objects of historic or aesthetic value.
e. - Environmental Impact Report (EIR) : A written statement
which identifies and analyzes in detail the possible envi.
ronmental effects of a proposed project, as specified in
Section 21100 of the CEQA. It must include a description
of -the project, and a description of the environment existing
before commencement of the project. The term environmental
impact report is interchangeable with the term environmental
impact statement (EIS) .
f. Lead Agency: The public agency having principal responsi-
bility for undertaking or approving a project that is governed
by the CEQA and these Guidelines.
g. Local Agency: Any public agency other than a state agency,
board or commission. Includes cities, counties, charter
cities and counties,- special districts, and their political
subdivisions . Also includes a redevelopment agency .
-3-
h. Negative Declaration: An exemption which may be claimed
y a sponsor for a project that is not categorically
exempt, when no significant effect on the environment is
anticipated.
i. Project: . The whole of an action, resulting in physical
mpac on the environment, directly or ultimately, that
is any of the following:
(1) an activity directly undertakeh by any public agency:
for example, public works construction. and related
activities, clearing or grading of land, improvements
to existing public structures, enactment and amend-
ment of zoning ordinances.
(2) an activity undertaken by a (non-governmental entity
or) person, supported in whole or in part through
public agency contracts, grants, subsidies, loans,
or other forms of financial assistance.
(3) an activity undertaken by a non-governmental entity
or person, involving a public agency lease, permit,
license, certificate, or other entitlement for use,
enactment and amendment of zoning ordinances.
All public and private activities pursuant to or to
further a redevelopment plan constitute a single
project.
Project does not include :
(1) anything specifically exempted by State law;
(2) action relating to proposals for State legislation
or legislating;
(3) continuing administrative or maintenance activities,
such as purchases for supplies, personnel-related
actions, emergency repairs to public service facil-
ities, general policy and procedure making (except
as they are applied to specific instances covered
above) , feasibility or planning studies; and
(4) activities over which the public agency exercises only
ministerial authority.
A project is ministerial where the law prescribes and
defines the duties to be performed with such precision
and certainty as to leave nothing to the exercise of
discretion or independent judgment by the public agency
or official, but where the project to be performed involves
the exercise of discretion or judgment it is not to be
deemed merely ministerial.
-4-
J. Public Agency: Includes any State agency, board or com-
mission an any local agency, as defined in these Guide-
lines.
k. Significant effect: A degree of impact upon the environ-
ment y a proposed project, as stipulated in Part B.
Section 1 of these Guidelines, where a proposed project
may degrade the quality of the environment, curtail the
range of uses of the environment, reduce the diversity
in the environment, achieve short-term to the detriment
of long-term environmental goals, or have substantially
adverse effects on .human beings, either directly or
indirectly. Consideration must be given to impacts of
a project which are individually limited but cumulatively
significant.
Sponsor : The State or Local governmental agency which
proposes to undertake or approve a project, and i;; respon-
sible for the preparation of an EIR or other environmental
documents . See discussion of lead agency, Part A, Section 4 E.
SECTION 4 - HOW THE CEQA APPLIES TO A PROJECT
a. ONGOING PROJECT:
(1) A project covered by paragraph A under the definition
of project specified by these Guidelines, approvied rior .
to the effective date of the CEQA (November 23, 19705
shall not require an Environmental Impact Report or a
Negative Declaration--unless it is a project which will
have a significant effect on the environment, and
(a) A substantial portion of public funds allocated
for the project have not been spent; or
(b) It is still feasible to modify the project in
such a way as to mitigate against potentially
adverse environmental effects, or to choose
feasible alternatives to the project ( including
the alternative of "no project" or halting the
project) ; or
(c) The sponsor proposes a modification to the
project plan, such that the project would have
a significant effect on the environment.
(2) Notwithstanding the above, projects which come under
the ,jurisdiction of the National Environmental Policy
Act (NEPA) and which, through regulations promulgated
under NEPA, were held to be too far advanced at the
time of NEPA 's effective date to require an EIS in
compliance with those guidelines, do not require an
EIR under CEQA--unless they fall under (c ) above.
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( 3) A project covered by paragraph C and contracts in
paragraph B under the definition of project specified
by these Guidelines approved prior to the effective
date of Chapter 1154, Statutes of 1972 (December 5,
1972) does not require an EIR. However, any project
legally challenged prior to this date for noncompli-
ance with the CEQA shall be considered bound by
paragraph 1 above (see Section 21170 of the CEQA) .
(4) A project covered by paragraphs B and C under the
definition of project specified by these Guidelines ,
approved prior to April 5, 1973 shall not necessarily
require an FIR; the CEQA, however, permits a public
agency, after December 5, 1972, to consider environ-
mental factors in connection with the approval or
disapproval of a project and to impose reasonable
fees on the appropriate private person or entity
for doing so.
b . PROJECT PROPOSED BY FEDERAL AGENCIES : This applies only
when .the State officially comments on a proposed Federal
project which will have a significant effect on the envi-
ronment. The FTR submitted by the sponsor may or may not
contain detailed information on all of the seven elements
required by the CEQA : impact, unavoidable effects, miti-
gation measures , alternatives, short vs. long-term effects,
irreversible changes, and growth inducing impact. The
State official( s) responsible for reporting the State ' s
comments on the FIR to the Federal Government shall include
a. detailed statement on any of these elements which the EIR
fails to cover. Further, where the EIR is inadequate in
its coverage of any of these points , the official comments
of the State shall describe these inadequacies in detail.
Included under this section are only strictly Federal
projects funded and carried out by Federal agencies.
c . STATE AND LOCAL AGENCY PROJECTS : '
( 1) When a public agency plans to carry out a project
which may have a significant effect on the environ-
ment , state agency shall prepare an EIR through its
own efforts or through contract.
(2) . Where a oroJect which may have a significant effect
on the environment is to be carried out by a non-
governmental entity subject to approval, financial
support, or some other involvement by a public agency,
the public agency will prepare an FIR by its own
efforts or by contract. However, the agency may
require the non-governmental entity to supply data
and information, .both to determine whether the proj-
ect will have a significant impact on the environ-
ment, and to assist in the preparation of art EIR by
the agency. This information may take the form of
a draft EIR, if the agency desires .
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( 3) Where the project is to be undertaken by a loi:al.
agency, as defined in these Guidelines, but requires
State approval or financial assistance, the State
agency shall require the local agency to prepare
the EIR or Negative Declaration, , to be submitted
with the request for approval of the proposed proj-
ect. This must also be done where Federal funds
are involved, but only if a State agency has discre-
tionary authority over the use of those funds . If
the local project has been mandated on the local
agency by a State agency, the EIS prepared- by the
local agency may be limited to consideration of
those factors which do not conflict with the order.
(4) The EIR may be prepared as a separate document, or
as part of a project report. If prepared as a part
of the project report, it must still contain the
elements required of an EIR, including the seven
elements specified in the CEQA : impact, unavoidable
effects, mitigation measures, alternatives , short vs.
long-term effects, irreversible changes, and growth-
inducing impact.
(5) All of the above is subject to modification according
to the regulations governing the lead agency prin-
ciple, as elaborated under E of this Section when
more than one EIR might otherwise be required to be
prepared in connection with the same underlying
activity.
d. Lead Agency
(1) Designation of lead agency
Section 21065 of the CEQA and Part A, Section 3, i
of these guidelines define a project as an activity
( 1) either undertaken by a public agency, or �2) sup-
ported by some form of public assistance, or 3 con-
ducted pursuant to a permit or license issued by a
public agency. At times, however, more than one
public agency may be involved in one on-going activ-
ity, and that activity itself may, at different
stages of its development, come within two or more
of the above definitions of a project. For example,
a project which is constructed by one public agency
may be financed by public grants or loans, and per-
mits from other public agencies may be necessary
before the project may be put into operation.
Section 21165 of the CEQA provides that where a proj-
ect is to be carried out or approved by more than one
public agency, only one EIR or negative declaration
shall be made, and it will be prepared by the Lead
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Agency. For the purposes of these guidelines, one
EIR or negative declaration shall be made by the
Lead Agency for an ongoing activity even where the
activity involves, at different stages, more than
one definition of a project. The Lead Agency shall
be determined by the following :
(a) The Lead Agency shall be the public agency which
proposes to carry out the project.
( b) If the project is to be carried out by a non-
governmental agency, the Lead Agency shall be
the public agency most directly involved with
the on-going activity.
( c ) Where more than one public agency is so involved ,
the agency which is to act first on the project
in question shall be the Lead Agency ( following
the principle that the environmental impact
should be assessed as early as possible in
governmental planning) .
(d ) In the event that the designation of a Lead
Agency is in dispute, any public agency may sub-
mit the question to the Office of Planning and
Research which shall designate the Lead Agency
based on consideration of the above priorities,
along with consideration of the capacity of such
agency to adequately fulfill the requirements of
the CFQA.
( 2) Obligations of a Lead Agency
(a) In these Guidelines , wherever reference is. made
to the "sponsor" of a project, this shall be
the Lead Agency. The Lead Agency shall meet
all obligations which the project sponsor is
responsible for meeting, including the determina-
tion of whether the project will or will not
have a significant effect on the environment.
( b ) The Lead Agency shall prepare the FIR or
Negative Declaration after consultation with
all other public agencies which have some
authority over the project in questicn. The
EIR or Negative Declaration shall reflect the
comments of all public agencies involved . No
further EIR need be prepared , unless:
1. Substantial changes are proposed in the
project which will require major revisions
of the EIR, due to the involvement of
environmental impacts not adequately con-
sidered in the original EIR;
2. There are substantial changes with respect
to the circumstances under which the
project is to be undertaken, particularly
a change in the proposed location of the
project, which will require major revisions
in the EIR due to the involvement of
environmental impacts not adequately covered
in the original EIR.
(c) A Lead Agency shall include in its notice of
intent a statement to the effect that it is a
Lead Agency.
e . MULTIPLE PROJECTS : In determining significant effect, a
project which may or may not be of environmental signifi-
cance could be a component or a forerunner of a much
larger project. Where individual projects sponsored by
one or more agencies are to be undertaken at approximately
the same time, and where the total effort comprises a
single large project with significant environmental impacts
the lead agency must prepare a single EIR for the larger
project. Where an individual project is a precedent for
action on a larger project, or represents a decision that
commits the agency to a larger project, with significant
environmental impact, an EIR must be done based on the
expected scope of the larger pro."ect.
SECTION 5 - GENERAL RESPONSIBILITIES
a. Office of Planning and Research (0PR) : OPR is responsible
or the preparatlon. and development of objectives, criteria
and procedures to implement the CEQA, prior to adoption by
the Secretary for the Resources Agency. OPR also, as part
of guideline development, considers proposals for
Categorical Exemption and makes appropriate recommendations
to the Secretary for the Resources Agency. OPR also assists
in resolving disputes over Lead Agency designation.
b. The Secretary of the Resources Agency: The guidelines
shall e officially adopted by t1iF Secretary of the
Resources Agency, including a finding that each Categorical
Exemption will not have a significant effect on the
environment. Once adopted in this manner, these Guidelines
will be binding on all public agencies . He also has the
responsibility for consolidating all state comments on
federally sponsored projects. When appropriate, the
Secretary of the Resources Agency will issue supplements
to these Guidelines, containing amendments and/or additions.
C . Public Agencies : All public agencies have responsibility
or administering the CEQA, according to these Guidelines .
They must develop their own procedures consistent with
these .
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SECTION 6 - BUDGET REQUESTS
The CEQA requires all state agencies to request in their
budgets the funds necessary to protect the environment in
relation to problems caused by their activities . The use
of the term activities here includes, but is not limited to,
all projects as. defined in these Guidelines . These budget
requests, taken in conjunction with requests based on other
compelling state needs , will give the Governor and the
Legislature an opportunity to measure the environmental costs
and benefits, as well as the other costs and benefits of
state activities. Requests should consider, among other
elements :
a. The expense , including necessary manpower positions, of
preparing EIRs and other environmental documents . This
shall include the cost of obtaining consulting services
from other state agencies as required by Section 21104
of the CEQA--EXCEPT that the agency being consulted with
must provide without charge any services which it normally
supplies for free . The intent is to ensure that the cost
of protecting the environment, beyond what is normally
provided as a matter of course by State agencies, is paid
by the project in question. Local agencies applying for
funding from State agencies must include the expense of
preparing an EIR in their requests, if an EIR will be
required .
b. The expense of providing information to sponsors as
specified in the exception clause in (a) .
All public agencies preparing EIRs for projects to be carried
out by some entity other than the public agency itself may
charge and collect a reasonable fee from such person or entity,
in order to recover the estimated costs incurred in preparing
the EIR.
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PART B - GUIDELINES FOR ENVIRONMENTAL IMPACT REPORT PROCEDURES.
SECTION 1 - .EVALUATING ENVIRONMENTAL SIGNIFICANCE
a. It is necessary for the sponsor of a project to determine
if the project will have a significant effect upon the
environment. Only those projects which may have a sig-
nificant effect on the environment require the preparation
of an EIR.
b. The determination of whether a project may have a signifi-
cant effect on the environment calls for careful judgment
on the part of the public agency involved. An iron-clad
definition of significant effect is not possible because
the significance of an activity may vary with the setting.
An activity which may not be significant in an urban area
may be significant in a rural area. Examples of signifi-
cant impact include the following consequences and
potential consequences :
(1) Disrupts, alters or destroys an historic or
archaeological site, or its immediate surroundings;
(2) Has a substantial impact on natural, ecological,
recreational or scenic resources;
(3) Displaces substantial numbers of people;
(4) Is inconsistent with environmental plans .and
goals that have been adopted by the community
where the project is to be located;
(5) Causes increased congestion (traffic, recreational,
other) ;
(6) Has a substantial aesthetic or visual effect;
(7) Breaches any national, state or local standards
relating to the environment; has a detrimental
impact on air and water quality or on ambient
noise levels for adjoining areas; involves the
possibility of contaminating a public water supply
system or affecting ground water, flooding,
erosion or sedimentation; is subject to major
geologic hazards;
(8) Involves extensive use of pesticides or
rodenticides;
( 9) Affects a rare or endangered species of animal
or plant, or habitat of such a species;
(1 0) Causes substantial interference with the move-
ment of any resident or migratory fish or
wildlife species;
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11 Induces substantial growth or concentration of
population; and
12 Causes a seriously adverse public reaction based on
environmental issues .
C. If any of the following conditions are found to exist as
a result of a project, the project will be found to have
a significant effect on the environment :
(1) Impacts which have the potential to degrade the quality
of the environment, curtail the range of uses of the
environment, or reduce the diversity in the environment .
(2) Impacts which achieve short-term, to the disadvantage
of long-term, environmental goals . A short-term
impact on the environment is one which occurs in a
relatively brief, definitive period of time (construction
of a new waste water treatment plant may cause temporary
siltation in a stream) while long-term impacts are
effects which will endure well into the future (the
new treatment plant may facilitate population growth
in that area) ; and
(3 ) Impacts with substantial primary or secondary conse-
quences . Primary consequences are immediately related
to the project (the construction of a new treatment
plant may facilitate population growth in a partic-
ular area) , while secondary consequences are related
more to primary consequences than to the project
itself (an impact upon the resource base, including
land use, water and energy use of the area in
question may result from the population growth) .
(4) Impacts for a project which are individually limited,
but cumulatively considerable. A 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 those impacts on the environment is
significant, an EIR must be prepared. This pro-
vision does not apply to two or more separate projects
where the impact of each is insignificant.
d. An EIR must also be prepared whenever a proposed activity
is to be located in an area of critical concern, as identi-
fied by the Office of Planning and Research, and specified
in the Environmental Goals and Policies of the State adopted
by the Governor, due to the extreme likelihood of signifi-
cant impact. The EIR must specify how the critical
resources of the area will be protected.
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e. The following have been found not to 'have a significant
impace upon the environment, and are declared to be
Categorical Exemptions :
Class 1. Repair, maintenance or minor alteration of
existing structures, facilities or machinery, such
as :
( a) Interior alterations, involving, for example
plumbing and electrical conveyances that do
not lead to increased use or capacity;
(.b) to public utility construction and facilities;
( c) to existing private and public streets, sidewalks,
gutters, and similar public service facilities ;
(d) reconstruction or restoration of a damaged structure,
unless it is determined that the damage resulted
from an environmental (particularly geologic)
hazard, such as an earthquake or landslide;
( e) additions to existing buildings provided there is
no requirement for a zoning amendment or variance,
or it will not result in an increase of more
than 25 percent of the building size;
(f) addition of safety or health protection devices
for use during construction or in conjunction with
existing structures;
which will not alter the physical character of the area,
or involve fresh impacts on the environment.
Class 2. Construction of individual (where not in con-
junction with a residential development of two or
more such structures) detached, single and double
family residential structures and attendant facilities,
such as :
(a) involving building permits for signle-family and
duplex structures by individual builders;
(b) water main, sewage, electrical, gas and other utility
extensions to serve such construction, as long as
the extension is of no greater length than the
dimension of the property itself;
(c ) construction of reasonable accessories attached to
such structures including garages, carports, patios,
swimming pools, fences;
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in already urbanized areas , where there is existing
zoning for such uses , and where there would be no
Impact on resources of critical environmental concern.
Class 3. Certain alterations in the condition of land ,
such as :
(a) involving grading permits for less than 300 cubic
yards of earthwork, unless the grading is located
in a scenic area, a drainage channel, a streambed,
or a geologically hazardous area;
(b) involving permits for gardening and landscaping
on small tracts of land ( e.g. , right-of-way
strips) ;
( c) filling of earth into previously excavated land;
(d) clearance of land by demolition and removal of
buildings and related structures , except where
they are of historical or archaeological
significance;
in already urbanized areas , where there would be no
impact on resources of critical environmental concern ,
Class 4. Certain alterations in land use regulation or
limitations , such as :
(a) lot line adjustments ;
(b) zoning reclassifications from existing residential ,
commercial or industrial zones to new zones to
provide more beneficial environmental. impac from
the land use;
(c) issuance of encroachment permits;
in already urbanized areas , where there is no impact on
a resource of critical environmental concern.
SECTION 2 - PREPARING ENVIRONMENTAL IMPACT REPORTS AND EXEMPTIONS
a : If a sponsor is proposing to undertake or approve an activity
which is a project as defined by these Guidelines , then he
must first determine whether it qualifies or not under an
existing Categorical Exemption ( see above) . As some of
these exemptions are expressed in relatively general terms,
this determination may involve some interpretation. Pro-
cedures developed by public agencies consistent with these
Guidelines must interpret these exemptions in light of their
own specific activities . If the project does qualify, no
further action need be taken.
b. If the project does not qualify under an existing Categorical
Exemption, it may still be part of a class of projects which
will not significantly affect the environment.
(1) Any public agency may, at any time, request that a
new Categorical Exemption be: added, or an existing one
deleted. This request must be made in writing to the
Office of Planning and Research. If a new one is to be
added, it will be referred to, pending adoption, as a
Proposed Categorical Exemption, and shall include
detailed information about the type of project involved.
The Proposed Categorical Exemption must also give
detailed information supporting the contention that
the type of project in question does not significantly
affect the environment . Where the projects may
potentially be carried out in substantially differing
environments, specific mention should be made as to
the type of environment in which the exemption may
be applied, or not applied (for example, an exemption
could not be applicable in an area of critical environ-
.. mental concern) .
(2) If the request is for deletion of an existing Categorical
Exemption, detailed information must be included to
support the contention that the type of project does
significantly affect the environment. (The request
may, instead of proposing full deletion, only propose
limitation on the applicability of the Categorical
Exemption to certain environments, or out of certain
environments) .
(3) The Office of Planning and Research will consider the
request, and deliver the request as soon as possible,
with a recommendation supporting or opposing the
request, to the Secretary for Resources, who shall
make the final determination on accepting or rejecting
the proposal. To formally adopt the request will
require an amendment to these Guidelines--amendments
must be made in accord with the Administrative
Procedure Act, including provision for notice and
public comment.
c . If the project is not part of a class of projects that
qualify for a Categorical Exemption, the sponsor should
conduct an initial study to determine if the project
would have a significant impact on the environment. If
the project is to be carried out by a nongovernmental.
person or entity, the sponsor may require such person or
entity to submit such data and information as will enable
the sponsor to make this determination. If it is deter-
mined that the project would not have a significant impact,
the sponsor shall prepare a negative declaration instead
of an environmental impact report.
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(1) A Negative Declaration is a statement by the sponsor
that the project in question will not have a signifi-
cant effect on the environment . A Negative Declaration
must include a description of the project as proposed,
a description of the environment existing before com-
mencement of the project, and detailed information
supporting the contention that the project will not
have a significant effect on the environment.
(2) The Negative Declaration followed by notice of the
action taken regarding the project (approval or dis-
approval) must be filed with the Secretary for Resources,
if the sponsor is a State agency, board or commission.
A State agency board or commission must also file
these documents with the local planning agency of any
city, county or city and county which will be affected
significantly by the project. If the sponsor is a
local agency, as defined in these Guidelines, these
documents shall be filed with the county clerk of the
county, or counties, in which the project will be
located. The Negative Declaration should be so filed
at least 30 days before the project is approved.
d• If the sponsor finds, after an initial study, that the
project will have a significant effect on the environment,
the sponsor must prepare or cause to he prepared -by contract,
an Environmental Impact Report.
( 1) If the project is to be carried out by a nongovernmental
person or entity, the sponsor may require such person
or entity to submit to it data and information necessary
to enable the public agency to prepare the EIR. This
information may be transmitted in the form of a draft
EIR, but the sponsor must examine this draft and the
information contained within it to assure itself of
its accuracy and objectivity--or amend the draft
accordingly.
(2) The content of an EIR is described in Part C of these
Guidelines . Each element of an EIR required by these
Guidelines must be covered, but these elements do not
have to be separated into distinct sections . Prior
to completing the EIR, the sponsor must consult with,
and obtain the comments of, any public agency which
has jurisdiction by law with respect to the project.
Comments received must be reflected in the Final EIR.
The sponsor may consult with any person who has special
expertise with respect to any environmental impact
involved.
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(3) As soon as the EIR is completed, but at least 30 days
before the project is approved, an official notice
stating that the EIR has been completed must be filed
with the Secretary of the Resources Agency. The
notice is a special form that includes a brief -descrip-
tion of the project, its proposed location, and an
address where EIRs are available. This notice shall
be referred to 'as a Notice of Intent. A copy of this
form is included in the Appendix.
(d�) Following approval or disapproval of the project, the
sponsor must file a notice indicating what action was
taken on the project. If the sponsor is a State agency,
.board or commission, the notice must be filed with the
Secretary of the Resources Agency, and with the planning
agencies of any city, county, or city and county which
will be significantly affected by the project, as soon
as possible. If the sponsor is a local agency, notice
must be filed with the county clerk of the county or
counties in which the project is to be located. Further,
all EIRs must be filed with the regional clearinghouse
for the region or regions in which the project is to be
located. A list of these is included in the Appendix.
( 5) The responsible State agency shall include the EIR as
a part of the reCular project report used in the
existing review and budgetary process.
e . If the project is being proposed to meet an emergency as
defined in these Guidelines, the sponsor is not required
to prepare an EIR.
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PART C - CONTENT OF ENVIRONMENTAL IMPACT REPORT
SECTION 1 - DESCRIPTION OF PROJECT
a. The precise location and boundaries of the proposed
project must be shown on a detailed map included in the
EIR. Reference must be made by name to which USGS
Topographical Map would cover the same location if a
USGS map is not used. The location of the project must
also appear on a regional map, with significant environ-
mental areas and landmarks indicated in relation to the
project area( s) .
b . A statement of the objectives sought by the proposed
project must be included . This can be as detailed as
desired by the sponsor.
c . A general description of the project 's physical ( tech-
nical and environmental) characteristics , considering
the principal engineering proposals, must be included .
The description should not supply extensive detail
beyond that needed for evaluation and review of environ-
mental impact .
d. Any applicable Army Corps of Engineer or other govern-
mental agency public notice or permit number should be
referenced with dates .
SECTION 2 - ENVIRONMENTAL DESCRIPTION
An EIR must include a description of the environment as it
exists before commencement of the project, from both a local
and a regional perspective . Knowledge of the regional
setting is critical to the assessment o environmental
impacts . Special emphasis should e placed on . env ronmental
resources that are rare or unique to that region. Specific
reference to related projects , both public and private, in
the region should also be included, for purposes of examining
the possible cumulative impact of such projects .
SECTION 3 - ENVIRONMENTAL IMPACT
All phases of a project must be considered when evaluating
its impact on the environment : acquisition, development
and operation. The matrix .included and described in the
Appendix may assist in formulating this section .
a. THE ENVIRONMENTAL IMPACT OF THE PROPOSED ACTION:
Describe the direct anF indirectimpacts of the project
on the environment, giving due consideration to both
the short-term and long-term effects .
It shall include specifics of the area, the resources
involved, physical changes, alterations to ecological
-19-
systems and changes induced in population distribution,
popultaion concentration, the human use of the land
( including commerical and residential development) and
other aspects of the resource base such as water, scenic
quality and public services .
Both quantitative and qualitative information should be
included (e .g. , acres of habitat, . numbers of ducks rest-
ing and the scenic value of a waterfowl habitat) , but
quantitative data should not be overemphasized at the
expense of qualitative ,judgments . Qkalitative judgments
should be based on factual information.
b . ANY ADVERSE ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED
IF THE PROPOSAL IS IMPLEMENTED: Describe any adverse
mpac s , including those- whicti Ican be reduced to an
"acceptable" level but not eliminated . Where there are
impacts that cannot be alleviated without imposing an
alternative design ( paragraph d below) , their implica-
tions and the reasons why the project is being proposed,
notwithstanding their effect, shall be described in
detail. Do not neglect impacts on any aesthetically
valuable surroundings , or on human health.
c . MITIGATION MEASURES PROPOSED TO MINIMIZE THE IMPACT:
Describe any mitigation measures written n o e project
plan to reduce significant environmentally adverse
impacts to "acceptable" levels, and the basis for con-
sidering these levels acceptable . Where a particular
mitigation measure has been chosen from among several
alternatives , the other alternatives must be discussed
and reasons should be given for the choice made .
d . ALTERNATIVES TO THE PROPOSED ACTION: Describe any known
alternatives o the project, or o the location of the
project, which could feasibly attain the basic objectives
of the project, and why they were rejected in favor of
the ultimate choice. The. specific alternative of "no
project" must also always be evaluated, along with the
impact . Second, describe any mitigation measures which
could be feasibly incorporated into the project plans to
alleviate any significant environmentally adverse impact
(and which were not discussed under paragraph c above)
and the reason these have not been included . Attention
should be paid to alternatives capable of substantially
reducing or eliminating any environmentally adverse
impacts , even if these alternatives substantially impede
the attainment of the project objectives .
e. THE RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF MAN'S
ENVIRONMENT AND THEMAINTENANCE- O ENHANt` MENT OF LONG-
TERM PRODUCTIVITY : Describe the cumulative and long-tFr--m
effects of the proposed project which adversely affect
the state of the environment, from the perspective that
_20-
each generation is trustee of the environment for future
generations . Special attention shall be given to impacts
which narrow the range of beneficial uses of the environ-
ment 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 option for further alternatives , shall be explained.
f. ANY IRREVERSIBLE ENVIRONMENTAL CHANGES WHICH WOULD BE
INVOLVED IN THE PRORSED ACTIONSHOULD T BE IMPLERMTED:
Uses of renewable and nonrenewable resources during the
initial and continued phases of the project are basically
irreversible since a large commitment of resources makes
removal or nonuse thereafter unlikely . Primary impacts
and, particularly, secondary imparts ( such as a highway
improvement which provides access to a nonaccessible
area) generally commit future generations to similar
uses . Also irreversible damage can result from environ-
mental accidents associated with the project . Any irre-
trievable commitments of resources shall be evaluated to
assure that such current consumption is justified .
g. THE GROWTH-INDUCING IMPACT OF THE PROPOSED ACTION:
Discuss the ways in which e proposed project could
foster population growth, either directly or indirectly,
in the surrounding environment . 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 more construction in residential
areas) . Increases in the population may further tax
existing resources , so consideration must be given to this
impact . With or without anticipated population growth as
a result of the project, it should be recognized that some
projects may encourage and facilitate other projects that
could significantly affect the environment , either indi-
vidually or cumulatively. This aspect must be discussed
as well. It must not be assumed that growth in any area
is necessarily beneficial, detrimental, or of little
significance to the environment .
h. The identity of all federal, state -or local agencies ,
other organizations and private individuals consulted in
preparing the EIR, and the identity of the persons , firm
or agency preparing the EIR, by contract or other
authorization must be given .
With respect to water quality aspects of the proposed
project which have been prey ous y certified by the appro-
priate state or interstate organization as being in sub-
stantial compliance with applicable water quality standards ,
reference to the certification should be made .
-21-
SECTION 4 - FINAL ENVIRONMENTAL IMPACT STATEMENT
. Along with the above elements, the Final EIR must summarize
the comments and suggestions made by those who reviewed a
draft of the EIR, and must describe the disposition of issues
raised (e.g. , revisions to the proposed pro,ject .to mitigate
anticipated impacts or objections) . In particular the major
issues raised when the sponsor's position is at variance with
recommendations and objections must be addressed in detail
(e.g. , reasons why specific comments and suggestions could not
be accepted, and factors of overriding importance prohibiting
the incorporation of suggestions) .
-22-
PART D - PARTICIPATION
SECTION 1 - PUBLIC HEARINGS
a. A public hearing on the environmental impact of a proposed
project shall be held when the sponsor determines it would
facilitate the resolution of controversy over environmental
issues or when the sponsor needs information about public_
opinion on a proposed project . This hearing may be held
in conjunction with hearings on other aspects of the
project, especially as part of normal planning activities.
Issues raised in a hearing should be addressed in the
Final EIR.
b . A draft EIR may be used as the outline for discussion at
a. public hearing, if it is available . The hearing should
be held at a location where the greatest public response
is expected; e.g. , close to the project site, or where the
majority of the affected population lives .
c . Public notice for a hearing should be published at least
once, in a local newspaper, or newspapers , or other appro-
priate mdeia , no later than 15 days before the hearing.
The notice should briefly describe the project, highlight
the major environmental impacts expected, and indicate
where the EIR can be obtained if it is available .
SECTION 2 - REQUESTS FOR ENVIRONMENTAL DOCUMENTS
The sponsor of a project, after preparing an EIR or other
environmental document described in these Guidelines , is
responsible for making such documents available to the public
for inspection. Members of the general public requesting
copies of the EIR may be charged for the actual cost of that
copy.
SECTION 3 - REVIEW OF ENVIRONMENTAL IMPACT REPORTS
Public agencies must develop procedures to ensure that pro-
ject sponsors obtain and receive adequate comments on their
EIRs from public agencies which have jurisdiction by law with
respect to the project. Such procedures should include pro-
Visions for consultation with persons who have special exper-
tise in environmental matters. It is suggested that public
agencies utilize existing State, and regional or local clear-.
inghouses to distribute reports and other environmental doc-
uments to appropriate agencies.
Cities and counties must compile listings of other agencies,
particularly local agencies, which have legal jurisdiction
with respect to various projects and project locations. A
matrix included with these Guidelines (Appendix B) identifies
State agencies which have legal jurisdiction over, or special
expertise in, various impacts . This could be the basis for a
part of such listings .
-2 3-
Reviewers should focus on the sufficiency of the EIR ir.
discussing possible impacts of the project upon the envi-
ronment, ' in light of the intent of the act to provide
decision-makers, with useful information about such impacts..
Upon completing a review of an EIR, it is suggested that
reviewing agencies supply the project sponsor with the name
of a contact person who is available for later consultation,
should this prove necessary.
-24-
A CITY OF HUNTINGTON BEACH CA 73-5
• COUNCIL - ADMINISTRATOR COMMUNICATION
HUNTINGTON BEACH
To The Honorable Mayor and From City.Administrator
City Council Members
Subject RESOLUTION AMENDING ENVIRONMENTALDate January 11 , 1973
IMPACT REPORT REQUIREMENTS
At the request of the Mayor, the City Council agreed to reconsider
their action on. January 2 , 1973 , to delete from Resolution
No. 3616 , Item No. 14 , which provided for the exclusion from
Environmental Impact' Report requirements changes of zone or
zones to one district of lesser intensity within the same land
use classification.
Item No. H- 7 on the Agenda is a proposal to amend Resolution
No. 3616 as amended by Resolution No. 3626 to add neighborhood
parks to •the list of exclusions . It appears that this would be
an appropriate time to discuss the possibility of adding No . 15
permitting the exclusion of a change of zone or zones to one
district of lesser intensity if the Council so desires .
This exclusion does not preclude the requirement that an Environ-
mental Impact Report (EIR) or request for exemption declaration_
status (ED) will be filed when a specific project is proposed. It
will only allow a zone change application to be processed through
the Planning Commission and City Council without review by the
Environmental Review Board. However, it should be noted, that the
Planning Commission or City Council may request an EIR or ED if,
in their opinion, the zone change may have a significant affect on
basic governmental services in which case the Environmental Review
Board will conduct such review.
It is further noted that the proposed state guidelines will provide
for a similar exclusion which will become mandatory on all public
agencies if enacted.
A resolution implementing this proposal has been prepared and may
be considered for adoption.
Respectfully submitted,
David D. Rowlands
City Administrator
DDR:eh
11-7
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9 January 1973
TO: City Council
FROM: City Attorney
SUBJECT: Resolution Amending Environmental
Impact Report Requirements
At the request of the City Administrator and the
Environmental Review Board, we transmit resolu-
tion amending Resolution No . 3616, as amended by Reso-
lution No. 3626, in order to include in that portion
of such Resolution No. 3616 entitled, "Exclusions
from Environmental Impact Requirements , " an exemption
for neighborhood parks .
Respectfully submitted,
DON P. BONFA
City Attorn
DPB :WM: ahb
Attachment
I �
27 December 1972
TO : City Council
FROM: City Attorney
SUBJECT : Amendment to Huntington Beach Ordinance
Code, Article 972 , "Environmental Impact
Reports" .
At the request of the Environmental Review Board, we
transmit amendment to the Environmental Impact Reports
ordinance . The amendment makes clear that the city
may employ outside experts to prepare environmental
impact reports , and provides that applicants shall pay
to city reasonable costs therefor.
Inasmuch as this is an emergency measure , it must be
read in full, and requires five affirmative votes for
adoption.
Respectfully submitted,
DON P . BONFA
City Attorney
DPB:WM:ahb
Attachment
J
December 4 , 1972
v
TO : Honorable Mayor and City Council
FROM: City Attorney
SUBJECT : Implementation of Environmental Impact Report
Ordinance (Ordinance No. 18b0) as Emergency
Measure
Transmitted herewith is substitute Ordinance No . 1800 (Environ-
mental Impact Reports ) . This ordinance substitutes for
Ordinance No . 1800 which appears in the Council packet as item
J-2b .
The substitution makes the ordinance an emergency measure to
be effective immediately . It also improves Section 9721.16 ,
"Limitation of Time for Bringing Legal Action" . No other
material changes to Ordinance No . 1800 have been made.
The Council must decide, as a policy matter of great importance,
whether it wishes to require environmental impact reports dur-
ing the 120 day moratorium written into AB 889 (Knox) , an
emergency measure adopted by the legislature on December 1,
1972 .
The Knox moratorium is not mandatory . The enactment of Ordi-
nance No . 1800 will avoid the moratorium.
The principal reason for the AB 889 moratorium, according to
Assemblyman Knox, is to give the state Office of Planning and
Research and local entities an opportunity to prepare guide-
lines . This City has already prepared guidelines which were
approved by Council on November 20 , 1972. Such guidelines can
be amended in the future to make them consistent with'.-the
Office of Planning and Research guidelines (as required by
AB 889 ) when such guidelines become available . AB 889 does not
affect the legality of Council 's guidelines of November 20 ,
1972 .
Additionally, Council should understand that if it does not
enact Ordinance No . 1800 , the decisions and actions already
taken by the Council requiring impact reports may be wiped out .
Examples are Tentative Tract 7850 (Huntington Harbour) and docks
and slips in Tentative Tract 4880, the subjects of Council's
recent cease and desist orders . Furthermore, the decisions and
actions taken by the Environmental Impact Report Committee ,
under Council' s policy of November 20 , 1972, may also be wiped
out .and construction could go forward during the 120 day
r
Honorable Mayor and City Council
December 4, 1972
Page Two Re : Ordinance No . 1800
moratorium period including construction of Tentative Tract
7850 and Tentative Tract 4880 .
An emergency ordinance requires five affirmative votes of
Council for adoption.
Respectfully submitted,
DON P . BONFA
City Attorne
DPB: lm
Attachment
�® CITY OF HUNTINGTON
•r INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To David D. Rowlands From Director of Pubiic Works
City Administrator
Subject Federal Aid Urban System Date November 10, , 1972 '
Beach Boulevard Project
The County Board of Supervisors bas approved a list.:of projects
submitted by the A.H.F,P. Technical Committee for the expenditure
of 1971-72, and 1972-73 Urban funds.
Two projects on that list are in I-unti.ngt;= Beach' One is the
widening from Adams Avenue to Pacific Coast HiIg0wayo . The other
project involves the interconnect of the traffic;.,signals eta• Beach. .
Boulevard from the 405 Freeway. to Pacific Coast Highway.
Both projects are estimated to cost $650,000 with approximately
71%..being financed from Federal funds andAthe reran sing portion
divided between the City and the State.:' '
The time restraints placed are such that the'Ci.ty trust submit
plans,' specifications and engineer's es+jimate to.,-the ,State by
February 1, 1973. The project must be 'ready to advertise by June 30,
1973. Actual award of the contract _qbuldlbed&layad until 1974 or
1975.
In order that the time requirements be met, it is proposed that
the City employ a consultant enginber to prepare the plazas, specifi—
cations, -and estimate. The City has solicited and.received proposals
from three consulting fmsm It is estimated that each project will
involve $25,000 -in engineering costs.
Recommendations It is recommended that, thi:a .department be authomzed
to employ a consulting firm and that Gas TaX engineering funds be
used,
R. Wheeler
;re
of Public Worts
iJRWs RRLs ae
l
1
Ql
SUPERVISOR, FIFTH DISTRICT
RONALD W. CASPERS
CHAIRMAN. ORANGE COUNTY BOARD OF SUPERVISORS
ORANGE COUNTY ADMINISTRATION BUILDING
•
515 NORTH SYCAMORE. P. O. BOX 887, SANTA ANA. CALIFORNIA 92702
PHONE: 834-3550 (AREA CODE 714)
November 9, 1972
Honorable Alvin M. Coen
Mayor
City of Huntington Beach
P. O. Box 190
Huntington Beach, California 92648
Dear Al:
I am very pleased to inform you that Supervisor Caspers
has called for public hearings on the subject of revenue
sharing on November 22, at 10:00 A. M.
Your participation at the hearings would be a most welcomed
and appreciated input in the Board's deliberations over what
way to best utilize the forthcoming Federal funds.
Supervisor Caspers and I recently met with representatives
of the United States Treasury Department and the National
Association of Counties in San Francisco to obtain more
information regarding the administration's plan for revenue
sharing. Much of this information will be presented at the
public hearings by Supervisor Caspers.
Any and all comments which you might care to offer to our
office in this important matter are more than welcome.
Cordially,
T Fuentes a
Executive Assistant
TF:t
.i
T ,
MEMBER CITIES
ANAHEIM
BREA n r n T I� ll n �(
SUENA MARK O 11 U U 11 1 U O 1 I 10 11 1�
COSTA MESA
CYPRESS
FUL FOUNTAIN.LER
FAR E
GARDENN GROVE
HUNTIN'TON BEACH
IRVINEIV C v
LA HABRA R r \
LAGUNA SP.ACH c
LA PALMA
LOS ALAMITOS 202 CAJON STREET LAGUNA BEACH,CALIFORNIAW"1.1.. . !'C .ERA
NEWPORT UEACH
ORANGE TELEPHONE 17141 4947370 �':
PLACENTIA �!IF
SAN CLEMENTE
SAN JUAN CAPISTRANO
SANTA ANA O
SEAL BEACH November 6, 1972 v �i1PJ
STANTON 8
TUSTIN
VILLA PARK I)
WESTMINSTER
VORBA LINDA
Dear Mayor and Councilmen:
As you know, the County of Orange will be receiving
approximately $9, 000,000 in federal revenue sharing
funds,. The Board of Supervisors has set November 22
for a public hearing on how to spend these funds and
the County Administrator's office has asked each city .
to submit suggestions for a "shopping list" to
Maxine Maniss, Associate Administrative Officer.
Several of our members have expressed an interest in
having the County adopt a uniform and equitable formula
now for sharing part of these funds with the cities
prior to this hearing so that basic policy guidelines
would be established to insure every city a fair portion
of these funds. Since_ 87 percent of the population in
the County resides in the cities and this development
generates most of . the tax base for .the County, while
much of the County's tax funds have been spent - in the
unincorporated areas, it would . seem most appropriate
that the County share a fair portion of these funds
with the cities .
I believe that the supervisors will respond favorably
to a request from us to adopt a basic policy guideline
similar to the one attached if we can consider this
matter on Thursday evening, November 9, and present our
feelings to the Board prior to their hearing on November 22.
In view of the above, it is requested that every city
in the Orange County Division participate in the meeting
on Thursday, November 9, 1972.
Sincerely,
Robert F. Finnell
President
RFF/hc
Attachment
Attachment to Letter to Mayor and Councilman - November 6, 1972
I would request .that a cooperative.- program he initiated
as follows:
That 50 percent of the County's revenue sharing funds
he used at .the discretion of the Roard of .Supervisors
for solely County determined priorities and that, for the
remaining 50 percent or approximately $4, 900, 000, a matching
fund program be established whereby on a 50/50 matching
basis, county revenue sharing funds (not to exceed 50 percent .
of the total) be used on priority items as determined by
the local city and approved by► the Orange County Board
of Supervisors within the approved federal guidelines.
Further, that the. Chief Administrative Officer be
instructed to develop a system for disbursement of these
funds, consistent with the spirit of the federal approach
to revenue sharing, including a time frame for utilization
of the funds.
+* ] City A/V. to total A/v % 3 .= City area to total. area
"' - City Population to. total.. /° 4 = Avg. % X 4,.900, 000
A .V.. 0 2* POPULATION % 3* SQ MI 9i 4* AMT
Anabe . 1422 : 60601775 . 1313. 183, 600 . 1051 36.00 . . 1262 618, 38.0.00
Area .0160. 68, 6.28 .0153 21, 500 .0297 10.20 .0203 99,470.00
Buena =ark .0433. 184, 893 .0457 63, 900 .0297 10. 18 .0395 193,550.00
Costa Mesa .0512 218, 675 .0550 76, 900 .0470 16.10 .0510 249, 900.00
Cypress .019.0 81,068 .0253 35, 500 .0189 6.50 .0210 102 , 900.00
Fountain Valley .0250 106, 619 .0334 46,700 .0261 8.96 .0281 137, 690.00
_ -:leTton .0722 308, 068 .0633 88,600 .0645 22. 10 .0666 326, 340.00
Career. Grove .0587 250, 711 .0681 1.23, 200 .0511 17 .50 .0659 322 , 910.00
Huntington Beach .0961 410, 079 . 1016 142, 100 .0797 27.29 .0924 452, 760.00
Ir: irp .0320 136, 700 .0144 20, 187 . 1215 41.60 .0559 273, 910.00
Laguna Beach .0169 72, 156 .0106 14, 900 .0151 5.20 .0142 69, 580.00
La abra .0269 115, 112 .0316 44, 200 .0181 6.20 .0255 124, 950.00
La ?alma .0070 29, 934 .0077 10,850 .0049 1.70 .0065 31,850.00
Los Alamitos .0068 29,267 .0087 12, 175 .0122 4.20 .0092 45,080.00
Newz--rt Beach .0933 398.013 . 0388 54, 250 .0452 15. 50 .0591 289, 590.00
orange .0566 241, 602 .0592 82,800 .0522 17 .88 .0560 274,400.00
Placentia .0148 63,441 .0182 25,450 .0193 6.62 .0174 85, 260.00
San Clemente .0161 68, 779 .0125 17, 550 .0423 14.49 .0236 115,640.00
San -Yuan Capistrano .0068 29,016 .0042 6,000 .0369 12.65 .0159 77 ,910.00
Santa Ana .10.74 .458, 142 . 1216 170,060 .0793 27.15 . 1027 503, 230.00
Seal Beach .0200 85,342 .0196 27,401 .0286 9.80 .0227 111 , 230.00
Stanton .0106 45,276 .0157 22,000 .0090 3.10 .0117 57, 330.00
Tustin .01.6.1 . 69,028 .0183 25,650 .0102 3 .50 .0148 72, 520.00
villa park .003'2 13,744 .0026 3,700 .0058 2 .00 .0038 18,620.00
Westminster .0364 129;95.9 .0448 62,750 .0318 10.90 .0356 174,440.00
Yorba Linda .0102, 43,6.72 .0113 150800 .0146 5.00 .0120 58,800.00
.9988 .4; 26 09 .9988 1, 39-7,663 .9988 342. .99 6 4.888.240.00
i
�y it
ADDENDUM T0, PO ,ICY FOR INTERIM PROCEDURES AND
g.._
GUIDELINES ENVIRONMENTAL IMPACT REPORTS (E.I .R. ) _
5
The following .corrections and additions are made to thee .
Policy for Interim Procedures and Guidelines Environmental
Impact Reports (E.I.R. ) - to be approved by Council on
November 20 1972:
r_w
1. At page 2, the last paragraph of B is amended to
read as follows :
The committee will insure that the Short Form '•`;,,
E.I .R. , Exemption Declaration, or E .I .R. will
be processed concurs-ently with the perrni t
application to which the form pertains . When a
public hearing is required for the applicatlon, : <
the notice shall include a reference to the E.I . R.
Concurrently , the committee will make available - �5
all Exemption Declarations and E.I .R.s on a
weekly basis in the office of the City Clerk for
purposes of public review and input . A list ofF'`
such Exemption Declarations and E.I .R.s will be As
available for public inspection in the office , ..
of the City Clerk. The public will be afforded
ten days for review and input prior to consider-
ation of the declaration or report for approval .
20 The Interim Short Form Environmental Impact Study
(Request -for Exemption Declaration Status) , page 4 is amended g"
by aiding item 2G.
20. To what extent., -it' any , will the propooed
project ,affect: has1c gover•nmontal .ervices
(i-ncludint;, grit riot. Limited t-() , police , fire , E`
severs , roado) :and the bili.ty of ;.
government to provide such servi. �es?
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CITY OF HUNTINGTON BEACH
COUNCIL - ADMINISTRATOR COMMUNICATION CA 72- 7
HUNTINGTON BEACH
To The Honorable Mayor and From City Administrator
City Council Members
Subject INTERIM POLICY FOR E. I .R. Date November 141 1972
PROCEDURES AND GUIDELINES
Transmitted herewith are procedures to guide the processing of
environmental impact data for private or public development
projects . The packet consists of five parts as follows :
1. Introductory material including the "procedure for submittal
and review."
2. "Interim Short Form" to determine whether a full E. I .R. is
required.
3. "Exemption Declaration Form" to record exemption, acceptance
of short form, or requirement of full E. I .R.
4 . "Outline For Environmental Impact Study" to guide the gathering
of data for an E. I .R.
5. "Outline Checklist for Environmental Impact Study" to serve as
final review before submittal of data.
These documents , which may seem rather detailed, are consistent
with the National Environmental Policy Act of 1969 and California
Environmental Quality Act of 1970 and recent legal interpretations
set forth by the California Supreme Court. However, it is
anticipated that these items will be supplemented or replaced by
State-mandated guidelines and legislative clarification prior to
January, 1973.
RECOMMENDATION:
Approve interim policy for E. I .R. procedures and guidelines .
Respectfully,
David D. Rowlands
City Administrator
DDR: eh
Enclosures
t
CITY OF HUNTINGTON BEACH
POLICY FOR INTERIM PROCEDURES AND GUIDELINES
ENVIRONMENTAL IMPACT REPORTS (E. I .R. )
PURPOSE
The purpose of requiring an environmental impact report (short or
long form) is to provide the City of Huntington Beach an opportunity
to assess the environmental (physical , ecological , social , economic ,
etc. ) impact of a proposed public or private project pursuant to
the California Environmental Quality Act of 1970 .
INTENT
This document establishes procedures and guidelines for submittal
of environmental impact reports and evaluations . These guidelines
and procedures are designed to assist the city in:
1. Setting forth the criteria to determine what projects require
the submittal of an environmental impact report.
2 . Providing a basis for evaluating the impact of any new public
or private project proposed in the city of Huntington Beach .
3 . Establishing the procedures for submittal and review of
environmental impact reports and evaluation.
4 . Establishing guidelines on what is to be included in an
environmental impact report .
The procedures and guidelines delineated in the following sections
are consistent with and an implementation of the legislative intent
of the N.E. P.A. (National Environmental Policy Act of 1969) , and the
E.Q.A. (California Environmental Quality Act of 1970) , and the
recent legal interpretations set forth by the California State
Supreme Court .
WHAT PROJECTS REQUIRE AN E. I .R. ?
The court holds that a city is required, - prior to issuing a permit
for any public or private project , to determine first , whether such
project or activity "may have a si nificant effect on the environ-
ment .." If it can be said that s-uch project or activity has such an
effect , the public permit issuing agency must prepare an Environ-
mental Impact Report.
An E. I . R. short form, full report or exemption declaration is
required for any project requiring a permit or other entitlement
for use issued by the City of Huntington Beach .
PROCEDURE FOR SUBMITTAL AND REVIEW
A. Submittal - The following procedural steps are suggested for
implementation of any project affected by permit or entitlement
11-13- 72
-2
• actions required by the City of Huntington Beach. These steps
` will determine the applicability of either an exemption declara=
tion or an environmental impact report.
1 . Submission of Project Description.
This is accomplished by completion of an Interim Short Form
E. I .R. obtained from either the Building , Planning or
Public Works Departments . This action directly answers the
basic question as to whether the project has a significant
environmental impact . The applicant should expect action
on the form within 10 days from date of filing.
2 . Exemption Declaration Form.
Upon completion and review of the above , an Exemption
Declaration Form may be filed on the project by the E. I . R.
Review Committee . (See the following "review" procedure . )
The applicant will receive a copy of this form showing
environmental disposition of the project within 10 days from
date of filing.
B. Review - The E. I .R. Review Committee , composed of the Directors
of Planning , Building and Safety, Public Works and Environmental
Resources or appointed designees will examine all projects
requiring completion of the Short Form E. I .R. to determine
whether the environmental impact will be of such a significance
as to require an environmental impact report . In making this
determination, the committee shall use the Interim Environmental
Impact Report Outline and will make one or two findings as
follows :
1 . That the impact on the environment is not significant.
2 . That the proposed project may have a significant effect on
the environment and that an Exemption Declaration cannot
be granted for this project because it cannot be mitigated
or suitable alternatives have not been offered. An E. I .R.
is therefore required to be submitted prior to the project ' s
approval .
The committee will insure that the Short Form E. I .R. , Exemption
Declaration, or E. I .R. will be processed concurrently with the
permit application to which the statement pertains . When a
public hearing is required for the application, the notice shall
include a reference to the E. I .R. Coincidentally, the committee
will make available a listing of all Exemption Declarations on
a weekly basis at the offices . of the City Clerk for purposes of
public review. The public will be afforded 10 days for review.
PREPARATION AND CONTENTS OF E. I .R.
The City is responsible for the preparation of E. I .R. and a final
determination of environmental effect within 30 days of the date
upon which a permit was requested. The department that is most
-3-
closely connected with the permit request should prepare the report
to coincide with filing of plans and submit the E. I .R. to the
Review Committee for disposition. The Director of Environmental
Resources will act as staff for the Review Committee .
The applicant may be required to submit and prepare an environmental
impact study including background information and data required by
the department or committee . The city shall prepare the E. I .R. and,
in connection therewith, may have the necessary information prepared
by a qualified consultant. All the costs of preparation of the
E. I .R. including consultants shall be borne by the applicant . City
may also receive inputs from other appropriate sources , public and
private .
As to content, listing of the mandatory elements of an environmental
impact report is contained in Section 21I.00 of the Environmental
Quality Act of 1970 . The report , pursuant to the Act, must contain
a detailed statement setting forth the following :
1 . The environmental impact of the proposed action.
2 . Any adverse environmental effects which cannot be avoided if
the proposal is implemented.
3. Mitigation measures proposed to minimize the impact.
4 . Alternatives to the proposed action.
5 . The relationship between local short-term uses of man' s environ-
ment and the maintenance and enhancement of long-term productivity.
6 . Any irreversible environmental changes which would be involved
in the proposed action should be implemented.
Chapter 971 of the Laws of 1972 , which is not yet effective , has
added two additional mandatory elements for inclusion in impact
reports . They are as follows :
7 . The growth.-inducing impact of the proposed action.
8 . The boundaries of the area which may be significantly affected
by the proposed action.
It is suggested that these additional elements be included in
environmental impact reports in order to eliminate the necessity
of revising reports which are formally considered by the City after
Chapter 971 ' s effective date . "This policy supercedes the October
2 , 1972 , minute action of City Council on same subject.
The following attachments reflect the forms and outlines necessary
for completing environmental impact procedures :
I . Interim Short Form E. I .R. (includes Physical Environment Checklist) .
_4_
2 . Exemption Declaration Form.
3 . Outline - Environmental Impact Report.
4. Outline checklist.
CITY OF HUNTINGTON BEACH
INTERIM SHORT FORM ENVIRONMENTAL IMPACT STUDY
(Request for Exemption Declaration Status)
for City use only
PROJECT NUMBER ED 72-
NOTE: Not all projects will necessitate the preparation of a
Tummy documented Environmental Impact Study. In order to make
a determination as to whether any significant environmental
impacts may result from the proposed project, the following
short form Environmental Impact Study must be filled out and
submitted to the appropriate department.
As soon as possible (not to exceed 10 days) , the E. I .R. Review
Committee will determine whether or not the project will require
an Environmental Impact Study and will rotify the project
sponsor accordingly .
Please fill out the following :
1 . Describe the proposed project , including its location and
full address . (Please attach any maps or photographs which
will assist in determining the significance of this project' s
impacts) :
2. Describe briefly the existing environmental conditions in
the area impacted:
11-13-72
2_
3 . Describe briefly the positive effects this project will have
on the economic , social , or cultural aspects of the community:
Trivial Moderate* Significant
4. To what extent , if any, will the
project disrupt or divide an
established community or disrupt
orderly, planned development.-or
is it inconsistent with plans that
have been adopted by the community
in which the project is located?
5 . To what extent , if any , will the
project have an effect, adverse or
otherwise , and to what degree on
natural , ecological , cultural or
scenic resources?
6 . To what extent, if any, is the
project in an area characterized
by unique physical features?
Is the project near the shoreline ,
near any natural or partially
channelized flood plains , or on
any hillsides visible to surrounding
properties?
7 . Could any geologic features
(slide prone areas , earthquake
faults , etc. ) cause adverse
conditions to result from this
project?
8. To what extent , if any, will the
project disrupt or alter the
appearance of the surroundings of
a historic or archaeological site?
9 . To what extent , if any, will
views by neighboring property
owners be disrupted by the project?
10 . To what extent , if any, will the
project affect the potential use ,
extraction or conservation of a
scarce natural resource?
*Explain on separate page .
-3-
Trivial Moderate* Significant
11 . To what extent, if any, will . the
project affect the continued use
of a recreational area or area of
important aesthetic value?
12 . To what extent , if any, will any
wildlife or unique vegetative
communities be disrupted or
displaced by the project?
To what extent , if any; will any
wildlife migration patterns be
disrupted by the project?
13. To what extent, if any, will
existing noise levels be increased
by this project?
To what extent , if any, will
recreational or wildlife areas be
detrimentally affected by noise
increases?
14. To what extent , if any , will the
project increase air pollution
levels in the area or exceed any
existing air pollution standards?
Particulate matter (dust) as well
as chemical pollutants should be
considered.
15: To what extent , if any, will any
unique characteristics be intro-
duced into the areas atmosphere ,
such as radiation, annoying
electronic transmissions , vibra-
tions?
16 . To what extent , if any, will the
proposed project have any detri-
mental effect on existing water
quality or quantities , of either
surface or subsurface supplies?
17 . To what extent , if any, will the
project disrupt or alter any of
the items listed on the Physical
Environment Checklist** which
are not specifically discussed
above , including Land Resources ,
Water Resources , Air Resources ,
Noise Levels , or Biological
Resources?
*Explain on separate page .
**Attached
'rr.i vi al Moderate* Significant
18 . To what extent , if any , will the
project serve to encourage
development of presently undeveloped
areas or intensify development of
already undeveloped areas?
(Examples include the introduction
of facilities such as streets , roads ,
water mains or sewerage lines in
such a manner as to facilitate
development or intensification of
the use of an area. )
19 . Are there any feasible and ,less
environmentally offensive alterna-
tives to this project?
SUBMITTED BY: DATE:
Mailing Address :
ZIP CODE:
*Explain on separate page.
7XEMPTION DECLARATION FOR'
PROJECT NUMBER: E.D. 72- DATE :
PROJECT TITLE/DESCRIPTION:
PROJECT LOCATION/ADDRESS :
PROJECT CENSUS TRACT (if known) :
REVIEWING DEPARTMENT:
In accordance with City of Huntington Beach policies regarding
implementation of the California Environmental Quality Act of 1970
(specifically Section 21151 of the Public Resources Code) , the
E. I .R. Review Committee has reviewed the Interim Short Form Environ-
mental Impact Report material submitted in request for Exemption
Declaration status for the above described project and hereby
recommends : (check one)
That the Interim Short Form Environmental Impact Report submitted is
insufficient to facilitate a decision as to the environmental signi-
ficance of this project and the project sponsor is therefore
requested to resubmit a more thorough Environmental Short Form
covering the following information
FlThat the proposed project may have a significant effect on the
. environment and has not been covered adequately in a previously
approved Short Form Environmental Impact Report . Exemption Declara-
tion status therefore cannot be granted for this project and an
Environmental Impact Study is thereby required to e su mitteT-to
this department and the City shall prepare an E . I .R. prior to the
project ' s approval . The significant environmental impacts which may
result from this project include- -but may not be limited to- -the
following :
(—� That the proposed project cannot , or will not , have a significant
�J effect on the environment. Exem tion Declaration Status is there-
fore granted for this project and the su mittal of an Environmental
Impact Statement is thereby not necessary.
That even though the proposed project may have a significant effect
on the environment , the project is a lesser included part of another
project for which an Environmental Impact Report has previously been
prepared, provided that the project and E. I .R. was approved and
covers the specific environmental impacts of the lesser project. (In
this case , the previous project and statement should be noted:
APPROVED BY : DATE :
E. I . R. Review Committee
1
CITY OF HUNTINGTON BEACH
OUTLINE
ENVIRONMENTAL IMPACT STUDY
In limited ,cases , some components of this outline may not be
applicable, but in general most projects will involve most , if
not all , of these questions . If not applicable , they should be
mentioned as such , otherwise an explanation of probable impact
must be made .
A. Authority Agency .
This paragraph answers the basic questions as to who is the
author of the environmental impact study, what specific govern-
mental action requires its preparation, and the background and
expertise of the people involved. Also to be included is a
brief summary of the data collection technique and sources
utilized. Estimates should be made as to the reliability of
the facts presented.
B. Description of Project Area.
This summarizes the general locale of the project , its surrounding
area, and a legal description so orientation of the reader or
reviewer is guaranteed.
C . What is the Description and Purpose of the Project?
Section C is to be a thorough analysis of the specific project
site, its current and historical uses physical and biotic assets ,
and the proposed action to be undertaken. A complete explanation
of the processes and eventual outcome of the project should be
provided. The purpose of the project should also be presented.
D. Possible Impact Upon Existing Natural Systems .
This presents evaluations of the impact the project will have on
the site and its existing natural systems , plus provide a summary
of background information on which the evaluations were based.
This impact can be beneficial , detrimental , or non-existent , as
applied to each case. In each of the specific cases , both the
long and short range implications should be discussed.
E. Possible Impact Upon Man-Made Facilities .
This answers questions as to any required alterations , expansions ,
or curtailments of existing services provided by government and/or
local utility concerns , due to the project . Any possible land
11-13-72
2-
use changes in the area which may result or flow from the
project should be analyzed. Evaluations of any change in the
costs of public service as a result of these actions or changes
. should be made.
F. Possible Impact on the Social Environment.
This should include an evaluation of the effects of the project
on the social and cultural environment of the project area. The
questions listed should be evaluated plus any social impact not
covered in the checklist, but which might occur if the project
is initiated. Special efforts should be made to explain how the
Social Environment will change .
G. Are There Possible Adverse Environmental Impacts Which Cannot
Be Avoided?
This section should list all impacts that are unavoidable and
why .
H. What Effects Will Proposed Construction Have on the Area?
Construction Impacts are a particular problem with projects ,
and they should be presented in this section.
I . What Mitigation Measures are Proposed?
Mitigation measures should be thoroughly discussed. Considera-
tion of mitigation measures in project planning should include
consideration of not only those mitigating activities as might
be accomplished by the person undertaking the project , but also
those mitigating activities that might be undertaken jointly
with other persons or governmental agencies .
J. What Environmental Monitoring Programs Are Needed?
"Environmental Monitoring" is a desirable goal to insure guide- -
lines are adhered to wherever possible , for those projects which
are capable of producing undue or uncalled for environmental
degradation. This section should present a thorough discussion
on what efforts of monitoring will be made and by whom.
K. What Alternatives Exist to the Proposed Project?
Discuss what alternative actions could be taken or should be
considered, including no project . Alternatives should be
within the realm of feasibility although they. need not necessarily
be feasible or acceptable to the persons or governmental agencies
who propose to carry out the project . Consideration should also
be given to feasible alternatives that require the cooperation or
participation of other persons , the City of Huntington Beach , or
other governmental entities . This topic should not just be a
justification discussion for the proposed project .
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L . What Are the Impacts of Each Alternative Cons-i.dered?
Each feasible alternative should receive essentially the same
environmental consideration as is given to the project and
the impact produced by each alternative should be analyzed.
If "no project" is listed as an alternative , the environmental
impact of not undertaking the project should also be thoroughly
discussed.
M. What is the Growth-Inducing Impact of the Proposed Action?
The "growth-inducing" impact of the proposed project and the
neighborhood or community as a whole should be considered.
If the project is proposed to provide or result in a capacity
for public services or private activities which are growth
inducing , beyond existing needs in the immediate area or
community as a whole at the time of such construction, the
impact and any possible adverse consequences of such a project
must also be considered in the report.
N. What are the Boundaries of the Impact Area?
Attempts should be made to give a specific description of the
impact area and the extent in matters of degree to which
various portions of the impact area will be affected by the
project.
0. What Comments Have Been Made by the Public?
Any comments made by individuals , private companies , citizen
groups , local , regional , state , and federal agencies concerning
the project must be evaluated in this section. How these
comments have been considered in the proposed project should
be included.
P. What Are the Restrictions on Land Use?
List any existing restrictions on land use within the project
area which relate to environmental concerns (such as floodplains
or wildlife habitat) . If restrictions on the land use component
or design of the project have been requested by some groups or
agency, and have not been implemented in the proposed project
design, an .explanation should be made: .
OUTLINE CHECKLIST
ENVIRONMENTAL IMPACT STUDY
A. The Authority Agency
1 . Why statement has been written?
2. Who is its author?
3. Collection technique and reliability of data
B. Description of Project Area
1 . Location of project
2. General surrounding area
3 . Legal description
C. What is the description and purpose of the project?
1 . Description
2. Historical uses
3. Purpose
D. Possible Impact Upon Existing Natural Systems
1 . General statement
2 . Specific questions
a. Will the project substantially alter the patterns
of behavior for mammals?
b . Will the project substantially alter the breeding ,
nesting or feeding grounds for birds?
c. Will the project substantially alter the patterns
of behavior of fish?
d. Will the project substantially alter the patterns
of behavior of amphibians , reptiles , or insects?
e. Will the project cause or increase water pollution?
f. Will the project adversely affect the water table
or aquifers in the area?
g. Will the project cause or increase air pollution?
h. Will the project increase the stability or
instability of the soils and/or geology of the site?
i . Are the geologic or soil conditions of the site
hazardous to. continuous human occupancy on the site
or the surrounding area?
j . Will the project increase the erosion potential of
the site?
k. Will the project increase the potential fire hazards
of the site?
1 . Will the project disturb existing vegetation?
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E. Possible Impact on Man-Made facilities
1 . General statement
2 . Specific questions
a. Will existing utilities have to be altered, curtailed
or expanded, and at what costs? This includes roads ,
highways , streets , electrical -supplies , water and
sewer systems , and solid waste disposal requirements .
b . Will existing services by government have to be
altered? What will be the costs of: alteration, if
required?
C . Will surrounding land use be affected? How?
F. Possible Tmpact on the Social Environment
1 . General statement
2 . Specific questions
a. Will the project produce abnormal amounts of traffic
and congestion based on existing or planned road
capacities?
b . Will existing or future potential recreational use
be altered or curtailed?
c. Will the economic base of the area be divided or
disrupted by the project?
d. How will the project affect areas of unique history
or beauty?
e. Will the aesthetics of the General Aoea be modified?
f. Will existing social institutions (cultural and
educational) be affected?
g . Will problems arise in regard to noise with the
project?
G. Are there possible adverse environmental effects which cannot
be avoided?
1 . Existing natural systems
2 . Man' s existing impact (physical)
3. Social environment
H. What effects will proposed project construction, if any, have
on the area?
1 . General statement
2 . Specific questions
a. What will be the effect of construction excavations?
b . Will problems arise due to noise of construction
equipment?
c. Are there any problems with temporary traffic
blockages , service suspension of water , power , and/or
sewers?
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I . What are the "mitigation measures" proposed to minimize
the impact?
1 . Long-term impact?
2 . Short-term impact?
J. What environmental monitoring programs are needed?
1 . Water quality
2 . Erosion
3. Vegetation (including fire hazard)
4. Air quality
5 . Wildlife
6 . Who will monitor?
K. What Alternatives Exist to the Proposed Project?
1 . Alternatives involving private action exclusively.
2 . Alternatives involving joint public-private action.
3. Alternatives involving public action exclusively.
L. What Are the Impacts of Each Alternative Considered?
1 . Existing natural systems .
2. Man' s existing impact (physical) .
3. Social environment .
M. What is the Growth-Inducing Impact of the Proposed Action?
1 . Short-term growth inducing impact?
2 . Long-term growth inducing impact?
3. Impact upon surrounding land.
4. Impact upon neighborhood or community.
N. What are the boundaries of the area VThich may be significantly
affected by the proposed project?
0. What comments have been made by individuals , private companies ,
citizen groups , local , state and federal agencies?
P. What kind of restrictions exist on the land use component of
the project.
CITY OF HUNTINGTON BEACH
PHYSICAL ENVIRONMENT CHECKLIST - RESOURCES EFFECTED
Function or Use Qualities or Characteristics
I . LAND RESOURCES
A. Landform or unique physical features (mountains , hillsides ,
plains , slopes , bays , rivers , sandy beaches , . dunes , and
other edaphic characteristics) .
B . Open spaces .
C . Riparian areas (immediate and surrounding territory) .
D. Percolation function of the soil/acquifers .
E. Geologic resources (construction materials , fossil fules ,
mineral ores , etc . ) (pollution and continued availability
thereof) .
F. Soil Characteristics (affects thereof on the project)
1 . Stability.
2 . Types .
3. Earthquake faults .
G. Cultural
1 . Archaeological sites .
2 . Paleontological sites .
3 . Historical sites .
4 . Aesthetics .
II . WATER RESOURCES
A. Municipal/Potable Supply
1. Quality (physical , chemical , bacteria, temperature ,
aesthetic qualities , etc. ) .
2. Quantity and accessibility.
B. Underground Basins
1 . Quality.
2. Quantity and accessibility .
C . Surface Supply (streams , creeks , lakes , reservoirs , etc . )
1. Quality.
2 . Quantity and accessibility.
3 . Drainage/runoff conditions .
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D. Ocean
1 . Quality.
2 . Accessibility.
III . AIR RESOURCES
A. Quality
1 . Gasses and/or chemicals .
2. Particulates/dust..
3 . . Clarity/aesthetic .
4 . Odor .
B . Meteorology
1 . Temperature .
2 . Moisture .
3 . Wind.
4 . Precipitation.
C . Other
1. Vibrations .
2 . Radiation.
3 . Sonic booms .
4 . Objectional electronic transmissions .
IV. NOISE
A. Affects upon residential areas , schools , hospitals , rest
homes and their residents , employees and users .
B. Affects upon commercial areas , and their employees and
users .
C . Affects upon industrial areas , and their employees and
users .
D. Affects upon recreational areas and their employees and
users .
E. Affects upon agricultural areas , and their employees , users
and resident wildlife .
F. Affects upon wildland areas and their users and resident
wildlife .
V. BIOLOGICAL RESOURCES
A. Flora
1. Idigenous vegetative communities..
2 . Exotic (non-indigenous) vegetative communities .
j 3 . Riparian areas .
4 . Crops and commercial vegetation.
5 . Microflora.
6 . Aquatic vegetation.
7 . Specifically rare or endangered vegetation.
8 . Natural plant propagation.
B. Fauna
1 . Birds .
2 . Land animals including reptiles .
3 . Fish and Shellfish.
4 . Benthic organisms .
S . Insects .
6 . Microfauna.
7 . Rare or Endangered Species .
8 . Habitat and migration areas and natural animal
propagation.
9 . Economic species (cattle, ef:c. ) .