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Agenda Packet - October 17, 2005 - CC
-0 - AGENDA FAGENDA CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM MONDAY, OCTOBER 17, 2005 213 EAST FOOTHILL BOULEVARD 6:30 P.M. AZUSA CITY COUNCIL DIANE M. CHAGNON MAYOR DAVID O. HARDISON IOSEPH R. ROCHA MAYOR PRO-TEM COUNCILMEMBER KEITH HANKS ANGEL CARRILLO COUNCILMEMBER COUNCILMEMBER NOTICE TO THE PUBLIC Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library. Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a cant requesting to speak and shall submit it to the City Clerk prior to the start of the City Council meeting. When called, each person may address any item on or off the agenda during the public participation. 6:30 P.M. MEETING CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6). Agency Negotiators: City Manager Delach and Assistant City Manager Person Organizations/Employee: ACEA, APMA, AMMA, APOA, CAPP, IBEW, LABORERS, EXECUTIVE. ,F++t � . AGENCY INFORMATION ITEM TO: THE HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTOR/b V DATE: OCTOBER 17, 2005 SUBJECT: PROFESSIONAL SERVICE CONTRACTS QUARTERLY REPORT FOR PERIOD JULY 1, 2005 THROUGH SEPTEMBER 30, 2005 RECOMMENDATION Review and file the report. BACKGROUND On June 7, 2004, the Agency Board approved redevelopment signatory authority for professional service contracts up to $49,999.99. As a condition of that approval, staff is required to prepare a quarterly informational item for the Agency Board for those purchases $15,000 and over, which will include vendor, amount of purchase, and item or service purchased. For this quarter, the following purchases were initiated: Vendor Name Amount Services Provided AEI Consultants $18,350.00 Phase 2 &3 Environmental Investigation-613/615 N. Azusa These services were in connection with performing environmental testing of the Dr. Reyes site. FISCAL IMPACT ta101- 6( This project was budgeted in the CIP budget. U Prepared by R. Jara. BAC:RJJ/cs n 11 C:\Documents and Settings\rperson\Desktop\CITY COUNCIL\2005\OCTOBER 17,2005\FINAL REDEV PURCHASE.DOC / 111 ✓ 111. r:4146, AZUSA I AGENDA ITEM TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: BRUCE COLEMAN, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT VIA: F.M. DELACH, CITY MANAGER /11/10 DATE: OCTOBER 17, 2005 SUBJECT: ADOPTION OF LOCAL CEQA GUIDELINES - 2005 REVISION RECOMMENDATION: It is recommended that the City Council adopt the "Local Guidelines for Implementing the California Environmental Quality Act (2005 Revision)". BACKGROUND/DISCUSSION: The California Environmental Quality Act (CEQA) was adopted in 1970, and sets forth requirements to evaluate environmental impacts of proposed projects. While State Law is fairly specific regarding the requirements for such environmental impact evaluation, local guidelines for the implementation of CEQA are required, and must be consistent with State Law. These local guidelines are essentially detailed provisions and steps that must be followed in implementing CEQA. Most of these steps are staff's responsibilities to accomplish as part of their ongoing responsibilities to evaluate proposed projects. The Local Guidelines are updated annually to reflect current State Law and judicial decisions, and are attached for your review. FISCAL IMPACT: There is no fiscal impact resulting from the adoption of the Local CEQA Guidelines. ATTACHMENTS: - Draft Resolution f `2005' Local CEQA Guidelines 6'q/71/4--- CADocuments and Settings\rperson\Desktop\CITY COUNCIL\2005\OCTOBER 17,2005\FINAL CEQA STAFF RPT.DOC RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFONRIA ENVIRONMENTAL QUALITY ACT — 2005 REVISION (PUB. RESOURCES CODE §§21000 ET SEQ.) WHEREAS, the California Legislature has amended the California Environmental Quality Act ("CEQA") (Pub. Resources Code §§ 21000 et seq.) and the State CEQA Guidelines (Cal. Code of Regs, tit. 14, §§ 15000 et seq.) and the California courts have interpreted specific provisions of CEQA; WHEREAS, Section 21082 of CEQA requires all public agencies to adopt objectives, criteria and procedures for evaluation of public and private projects undertaken or approved by such public agencies, and the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and WHEREAS, The City of Azusa ("City") must revise its local guidelines for implementing CEQA to make them consistent with current provisions and interpretations of CEQA; NOW, THEREFORE,the City Council of the City of Azusa hereby resolves as follows: SECTION 1. The City adopts "Local Guidelines for Implementing the California Environmental Quality Act (2005 Revision)," a copy of which is on file at the offices of the City and is available for inspection by the public. SECTION 2. All prior actions of the City enacting earlier guidelines are hereby repealed. ADOPTED this 17th day of October, 2005. DIANE CHAGNON MAYOR TABLE OF CONTENTS Page 1. GENERAL PROVISIONS,PURPOSE AND POLICY 1-1 1.01 GENERAL PROVISIONS 1-1 1.02 PURPOSE 1-1 1.03 APPLICABILITY 1-1 1.04 REDUCING DELAY AND PAPERWORK 1-2 1.05 COMPLIANCE WITH STATE LAW 1-3 1.06 TERMINOLOGY 1-3 1.07 PARTIAL INVALIDITY 1-3 1.08 ELECTRONIC DELIVERY OF COMMENTS AND NOTICES 1-3 2. LEAD AND RESPONSIBLE AGENCIES 2-1 2.01 LEAD AGENCY PRINCIPLE 2-1 2.02 SELECTION OF LEAD AGENCY 2-1 2.03 DUTIES OFA LEAD AGENCY 2-1 2.04 CONSULTATION REQUIREMENTS FOR DEVELOPMENT PROJECTS 2-2 2.05 RESPONSIBLE AGENCY PRINCIPLE 2-3 2.06 DUTIES OF A RESPONSIBLE AGENCY 2-3 2.07 RESPONSE To NOTICE OF PREPARATION BY RESPONSIBLE AGENCIES 2-3 2.08 USE OF FINAL EIR OR NEGATIVE DECLARATION BY RESPONSIBLE AGENCIES 2-4 2.09 SHIFT IN LEAD AGENCY RESPONSIBILITIES 2-4 3. ACTIVITIES EXEMPT FROM CEQA 3-1 3.01 ACTIONS SUBJECT To CEQA 3-1 3.02 MINISTERIAL PROJECTS 3-1 3.03 EXEMPTIONS IN GENERAL 3-2 3.04 PRELIMINARY EXEMPTION ASSESSMENT 3-2 3.05 NOTICE OF EXEMPTION 3-2 3.06 DISAPPROVED PROJECTS 3-2 3.07 No POSSIBILITY OF SIGNIFICANT EI-1-ECT 3-3 3.08 EMERGENCY PROJECTS 3-3 3.09 FEASIBILITY AND PLANNING STUDIES 3-3 3.10 RATES,TOLLS,FARES AND CHARGES 3-3 3.11 SUBSURFACE PIPELINES WITHIN A PUBLIC RIGHT-OF-WAY 3-4 3.12 CERTAIN RESIDENTIAL HOUSING PROJECTS 3-4 3.13 MINOR ALTERATIONS To FLUORIDATE WATER UTILITIES 3-9 3.14 BALLOT MEASURES 3-9 3.15 OTHER SPECIFIC EXEMPTIONS 3-10 3.16 CATEGORICAL EXEMPTIONS 3-10 SACTOUTB\22869\CITY\2005 -i- TABLE OF CONTENTS (continued) Page 4. TIME LIMITATIONS 4-1 4.01 REVIEW OF PRIVATE PROJECT APPLICATIONS 4-1 4.02 DETERMINATION OF ENVIRONMENTAL IMPACT 4-1 4.03 COMPLETION AND ADOPTION OF NEGATIVE DECLARATION 4-1 4.04 COMPLETION AND CERTIFICATION OF FINAL EIR 4-1 4.05 PROJECTS SUBJECT To THE PERMIT STREAMLINING ACT 4-1 4.06 PROJECTS,OTHER THAN THOSE SUBJECT To THE PERMIT STREAMLINING ACT,WITH SHORT TIME PERIODS FOR APPROVAL 4-2 4.07 SUSPENSION OF TIME PERIODS 4-2 5. INITIAL STUDY 5-1 5.01 PREPARATION OF INITIAL STUDY 5-1 5.02 INFORMAL CONSULTATION WITH OTHER AGENCIES 5-1 5.03 CONSULTATION WITH PRIVATE PROJECT APPLICANT 5-2 5.04 PURPOSES OF AN INITIAL STUDY 5-2 5.05 CONTENTS OF INITIAL STUDY 5-3 5.06 USE OF A CHECKLIST INITIAL STUDY 5-3 5.07 EVALUATING SIGNIFICANT ENVIRONMENTAL EFFECTS 5-3 5.08 MANDATORY FINDINGS OF SIGNIFICANT EFFECT 5-4 5.09 MANDATORY PREPARATION OF AN EIR FOR WASTE BURNING PROJECTS 5-5 5.10 DEVELOPMENT PURSUANT To AN EXISTING COMMUNITY PLAN AND EIR 5-7 5.11 LAND USE POLICIES 5-7 5.12 EVALUATING IMPACTS ON HISTORICAL RESOURCES 5-7 5.13 EVALUATING IMPACTS ON ARCHAEOLOGICAL SITES 5-8 5.14 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS 5-9 5.15 SUBDIVISIONS WITH MORE THAN 500 DWELLING UNITS 5-10 5.16 IMPACTS TO OAK WOODLANDS 5-10 5.17 ENVIRONMENTAL IMPACT ASSESSMENT 5-10 5.18 FINAL DETERMINATION 5-11 6. NEGATIVE DECLARATION 6-1 6.01 DECISION To PREPARE A NEGATIVE DECLARATION 6-1 6.02 DECISION To PREPARE A MITIGATED NEGATIVE DECLARATION 6-1 6.03 CONTRACTING FOR PREPARATION OF NEGATIVE DECLARATION 6-1 6.04 NOTICE OF INTENT To ADOPT A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION 6-1 6.05 POSTING AND PUBLICATION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION 6-2 6.06 SUBMISSION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION To STATE CLEARINGHOUSE 6-3 SACTOVTB\22869\CITY\2005 -11- TABLE OF CONTENTS (continued) Page 6.07 SPECIAL NOTICE REQUIREMENTS FOR WASTE AND FUEL BURNING PROJECTS 6-5 6.08 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS 6-5 6.09 CONTENT OF NEGATIVE DECLARATION 6-5 6.10 ADOPTION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION 6-5 6.11 MITIGATION REPORTING OR MONITORING PROGRAM FOR MITIGATED NEGATIVE DECLARATION 6-6 6.12 APPROVAL OR DISAPPROVAL OF PROJECT 6-7 6.13 RECIRCULATION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION 6-7 6.14 NOTICE OF DETERMINATION ON A PROJECT FOR WHICH A PROPOSED NEGATIVE OR MITIGATED NEGATIVE DECLARATION HAS BEEN APPROVED 6-8 6.15 ADDENDUM To NEGATIVE DECLARATION 6-9 6.16 SUBSEQUENT NEGATIVE DECLARATION 6-9 6.17 PRIVATE PROJECT COSTS 6-10 6.18 FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES 6-10 7. ENVIRONMENTAL IMPACT REPORT 7-1 7.01 DECISION To PREPARE AN EIR 7-1 7.02 CONTRACTING FOR PREPARATION OF EIRs 7-1 7.03 NOTICE OF PREPARATION OF DRAFT EIR 7-1 7.04 PREPARATION OF DRAFT EIR 7-2 7.05 CONSULTATION WITH OTHER AGENCIES AND PERSONS 7-2 7.06 EARLY CONSULTATION ON PROJECTS INVOLVING PERMIT ISSUANCE 7-3 7.07 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS 7-3 7.08 AIRPORT LAND USE PLAN 7-3 7.09 GENERAL ASPECTS OF AN EIR 7-3 7.10 USE OF REGISTERED CONSULTANTS IN PREPARING EIRs 7-4 7.11 INCORPORATION BY REFERENCE 7-4 7.12 STANDARDS FOR ADEQUACY OF AN EIR 7-5 7.13 FORM AND CONTENT OF EIR 7-5 7.14 ANALYSIS OF CUMULATIVE IMPACTS 7-6 7.15 ANALYSIS OF MITIGATION MEASURES 7-7 7.16 ANALYSIS OF ALTERNATIVES IN AN EIR 7-8 7.17 ANALYSIS OF FUTURE EXPANSION 7-11 7.18 NOTICE OF COMPLETION OF DRAFT EIR 7-11 7.19 SUBMISSION OF DRAFT EIR To STATE CLEARINGHOUSE 7-12 7.20 SPECIAL NOTICE REQUIREMENTS FOR WASTE AND FUEL BURNING PROJECTS 7-13 SACTOUTB\22869\CITY\2005 -111- TABLE OF CONTENTS (continued) Page 7.21 REVIEW OF DRAFT EIR BY OTHER AGENCIES AND PERSONS 7-13 7.22 TIME FOR REVIEW OF DRAFT EIR;FAILURE To COMMENT 7-14 7.23 PUBLIC HEARING ON DRAFT EIR 7-14 7.24 RESPONSE To COMMENTS ON DRAFT EIR 7-15 7.25 PREPARATION AND CONTENTS OF FINAL EIR 7-15 7.26 RECIRCULATION WHEN NEW INFORMATION IS ADDED To EIR 7-16 7.27 CERTIFICATION OF FINAL EIR 7-17 7.28 CONSIDERATION OF EIR BEFORE APPROVAL OR DISAPPROVAL OF PROJECT7-17 7.29 FINDINGS 7-17 7.30 SPECIAL FINDINGS REQUIRED FOR FACILITIES WHICH MAY EMIT HAZARDOUS AIR EMISSIONS NEAR SCHOOLS 7-18 7.31 STATEMENT OF OVERRIDING CONSIDERATIONS 7-19 7.32 MITIGATION REPORTING OR MONITORING PROGRAM FOR EIR 7-19 7.33 NOTICE OF DETERMINATION 7-21 7.34 DISPOSMON OF A FINAL EIR 7-22 7.35 PRIVATE PROJECT COSTS 7-22 7.36 FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES 7-22 8. TYPES OF EIRS 8-1 8.01 PROJECT EIR 8-1 8.02 SUBSEQUENT EIR 8-1 8.03 SUPPLEMENT To AN EIR 8-2 8.04 ADDENDUM To AN EIR 8-2 8.05 TIERED EIR 8-2 8.06 STAGED EIR 8-3 8.07 PROGRAM EIR 8-4 8.08 USE OF A PROGRAM EIR WITH SUBSEQUENT EIRs AND NEGATIVE DECLARATIONS 8-4 8.09 USE OF AN EIR FROM AN EARLIER PROJECT 8-4 8.10 MASTER EIR 8-4 8.11 FOCUSED EIR 8-6 9. CEQA LITIGATION 9-1 9.01 TIMELINES 9-1 9.02 ADMINISTRATIVE RECORD 9-1 10. DEFINITIONS 10-1 10.01 "APPLICANT" 1 0-1 10.02 "APPROVAL" 10-1 10.03 "BASELINE" 1 0-1 10.04 "CEQA" 10-1 SACTOUTB\22869\CITY\2005 -iV- TABLE OF CONTENTS (continued) Page 10.05 "CATEGORICAL EXEMPTION" 1 0-1 10.06 "CITY" 10-1 10.07 "CLERK" 10-1 10.08 "COMMUNITY-LEVEL ENVIRONMENTAL REVIEW" 10-2 10.09 "CUMULATIVE IMPACTS" 10-2 10.10 "CUMULATIVELY CONSIDERABLE" 10-2 10.11 "DECISIONMAKING BODY" 10-2 10.12 "DEVELOPED OPEN SPACE" 10-2 10.13 "DEVELOPMENT PROJECT" 10-3 10.14 "DISCRETIONARY PROJECT" 10-3 10.15 "DRAFT EIR" 10-3 10.16 "EMERGENCY" 10-3 10.17 "ENVIRONMENT" 10-3 10.18 "EIR" 10-3 10.19 "FEASIBLE" 10-3 10.20 "FINAL EIR" 10-3 10.21 "HISTORICAL RESOURCES" 10-3 10.22 "INFILL SITE" 10-4 10.23 "INITIAL STUDY" 10-4 10.24 "JURISDICTION BY LAW" 10-4 10.25 "LAND DISPOSAL FACILITY" 10-4 10.26 "LARGE TREATMENT FACILITY" 10-5 10.27 "LEAD AGENCY" 10-5 10.28 "Low-INCOME HOUSEHOLDS" 10-5 10.29 "Low-AND MODERATE-INCOME HOUSEHOLDS" 10-5 10.30 "MAJOR TRANSIT STOP" 10-5 10.31 "MITIGATED NEGATIVE DECLARATION" 10-5 10.32 "MITIGATION" 10-5 10.33 "NEGATIVE DECLARATION" 10-6 10.34 "NOTICE OF COMPLETION" 10-6 10.35 "NOTICE OF DETERMINATION" 10-6 10.36 "NOTICE OF EXEMPTION" 10-6 10.37 "NOTICE OF PREPARATION" 10-6 10.38 "OAK" 10-6 10.39 "OAK WOODLANDS" 10-6 10.40 "OFFSITE FACILITY" 10-6 10.41 "PERSON" 10-6 10.42 "PRIVATE PROJECT" 10-6 10.43 "PROJECT" 10-6 10.44 "PROJECT-SPECIFIC EFFECTS" 10-7 10.45 "QUALIFIED URBAN USE" 10-7 10.46 "RESIDENTIAL" 10-7 10.47 "RESPONSIBLE AGENCY" 10-7 SACTOUTB\22869\CITY\2005 -V- TABLE OF CONTENTS (continued) Page 10.48 "SIGNIFICANT EFFECT" 10-7 10.49 "STAFF" 10-7 10.50 "STANDARD" 10-8 10.51 "STATE GUIDELINES" 10-8 10.52 "SUBSTANTIAL EVIDENCE" 10-8 10.53 "TIERING" 10-8 10.54 "TRANSPORTATION FACILITlhs" 10-8 10.55 "TRUSTEE AGENCY" 10-8 10.56 "URBANIZED AREA" 10-9 10.57 "URBAN GROWTH BOUNDARY" 10-9 10.58 "WETLANDS" 10-9 10.59 "WILDLIFE HABITAT" 10-10 10.60 "ZONING APPROVAL" 10-10 11. FORMS 11-1 SACTOUTB\22869\CITP\2005 -Vi- Local Guidelines for Implementing the California Environmental Quality Act(2005) General Provisions,Purpose and Policy LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (2005 REVISION) 1. GENERAL PROVISIONS,PURPOSE AND POLICY 1.01 GENERAL PROVISIONS. These Local Guidelines ("Guidelines") are to assist the City in implementing the provisions of the California Environmental Quality Act ("CEQA"). These Guidelines are consistent with the Guidelines for the Implementation of CEQA ("State Guidelines")which must be followed by state and local agencies in California. These Guidelines have been adopted pursuant to California Public Resources Code Section 21082. 1.02 PURPOSE. The purpose of these Local Guidelines is to help the City accomplish the following basic objectives of CEQA: (a) To enhance and provide long-term protection for the environment, while providing a decent home and satisfying living environment for every Californian. (b) To provide information to governmental decision-makers and the public regarding the potential significant environmental effects of the proposed project. (c) To provide an analysis of the environmental effects of future actions associated with the project to adequately apprise all interested parties of the true scope of the project for intelligent weighing of the environmental consequences of the project. (d) To identify ways that environmental damage can be avoided or significantly reduced. (e) To prevent significant avoidable environmental damage through utilization of feasible project alternatives or mitigation measures. (f) To disclose and demonstrate to the public the reasons why a governmental agency approved the project in the manner chosen. Public participation is an essential part of the CEQA process. Each public agency should encourage wide public involvement, formal and informal, in order to receive and evaluate public reactions to environmental issues related to a public agency's activities. Such involvement should include, whenever possible, making environmental information available in electronic format on the Internet, on a web site maintained or utilized by the public agency. 1.03 APPLICABILITY. These Guidelines apply to any activity of the City which constitutes a "project" as defined in Guidelines Section 10.43. An Environmental Impact Report ("EIR") is required for each such project which may have a significant effect on the environment. When the City fmds that a project will have no significant environmental effect, a Negative Declaration or Mitigated Negative Declaration rather than an EIR shall be prepared. SACTOUTB\22869\CITY\2005 1-1 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) General Provisions,Purpose and Policy An EIR serves several functions for the benefit of the City and the public. An EIR (1) identifies and analyzes the significant environmental effects of a proposed project, (2)identifies alternatives to the project, and (3) discloses possible ways to reduce or avoid potential environmental damage. These matters are to be evaluated by the City before the project is approved or disapproved. The EIR is an informational document. It should not be used to rationalize approval of a project. CEQA requires that decisions be informed and balanced. It must not be subverted into an instrument for the oppression and delay of social economic, or recreational development or advancement. Indications of adverse environmental impacts from the project which are identified in the EIR do not necessarily require disapproval of a project. Rather, when an EIR shows that a project would cause substantial adverse changes in the environment, the City must respond to the information by one or more of the following methods: (a) Changing the proposed project. (b) Imposing conditions on the approval of the project. (c) Adopting plans or ordinances to control a broader class of activities to avoid the problems. (d) Choosing an alternative way of meeting the same need. (e) Disapproving the project. (f) Finding that the unavoidable, significant environmental damage is acceptable pursuant to a Statement of Overriding Considerations. Although CEQA requires that major consideration be given to preventing environmental damage, the City also has an obligation to balance other public objectives for each project including economic and social factors. 1.04 REDUCING DELAY AND PAPERWORK. The State Guidelines encourage local governmental agencies to reduce delay and paperwork by, among other things: (a) Integrating the CEQA process into early planning review; to this end, the project approval process and these procedures, to the maximum extent feasible, are to run concurrently,not consecutively; (b) Identifying projects which fit within categorical or other exemptions and are therefore exempt from CEQA processing; (c) Using initial studies to identify significant environmental issues and to narrow the scope of EIRs; (d) Using a Negative Declaration when a project not otherwise exempt will not have a significant effect on the environment; (e) Consulting with state and local responsible agencies before and during the preparation of an EIR so that the document will meet the needs of all the agencies which will use it; (1) Allowing applicants to revise projects to eliminate possible significant effects on the environment, thereby enabling the project to qualify for a Negative Declaration rather than an EIR; SACTO\J B\22869\CITY\2005 1-2 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) General Provisions,Purpose and Policy (g) Integrating CEQA requirements with other environmental review and consultation requirements; (h) Emphasizing consultation before an EIR is prepared, rather than submitting adverse comments on a completed document; (i) Combining environmental documents with other documents, such as general plans; (j) Eliminating repetitive discussions of the same issues by using EIRs on programs, policies or plans and tiering from statements of broad scope to those of narrower scope; (k) Reducing the length of EIRs by means such as setting appropriate page limits; (1) Preparing analytic, rather than encyclopedic EIRs; (m) Mentioning insignificant issues only briefly; (n) Writing EIRs in plain language; (o) Following a clear format for EIRs; (p) Emphasizing the portions of the EIR that are useful to decision-makers and the public and reducing emphasis on background material; (q) Incorporating information by reference; and (r) Making comments on EIRs as specific as possible. 1.05 COMPLIANCE WITH STATE LAW. These Guidelines are intended to implement the provisions of CEQA and the State Guidelines, and the provisions of CEQA and the State Guidelines shall be fully complied with even though they may not be set forth or referred to herein. 1.06 TERMINOLOGY. The terms "must" or "shall" identify mandatory requirements. The term "may" is permissive, with the particular decision being left to the discretion of the City. The term "should" identifies the guidance of the Office of Planning and Research, which the City can follow in the absence of countervailing considerations. 1.07 PARTIAL INVALIDITY. In the event any part or provision of these Guidelines shall be determined to be invalid, the remaining portions which can be separated from the invalid unenforceable provisions shall continue in full force and effect. 1.08 ELECTRONIC DELIVERY OF COMMENTS AND NOTICES. Individuals may file a written request to receive copies of public notices provided under these Guidelines or the State Guidelines. The requestor may elect to receive these notices via email rather than regular mail. Notices sent by email are deemed delivered when the staff person sending the email sends it directed to the last email address provided by the requestor to the public agency. Individuals may also submit comments on the CEQA documentation for a project via email. Comments submitted via email shall be treated as written comments for all purposes. Comments sent to the public agency via email are deemed received when they actually arrive in SACTOUTB\22869\CITY\2005 1-3 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) General Provisions,Purpose and Policy an email account of a staff person who has been designated or identified as the point of contact for a particular project. SACTOVTB\22869\CITY\2005 1-4 ©2005 Best Best&Krieger LLP • Local Guidelines for Implementing the California Environmental Quality Act(2005) Lead and Responsible Agencies 2. LEAD AND RESPONSIBLE AGENCIES 2.01 LEAD AGENCY PRINCIPLE. The City will be the Lead Agency if it will have principal responsibility for carrying out or approving a project. Where a project is to be carried out or approved by more than one public agency, only one agency shall be responsible for the preparation of environmental documents. This agency shall be called the Lead Agency. 2.02 SELECTION OF LEAD AGENCY. Where two or more public agencies will be involved with a project, the Lead Agency shall be designated according to the following criteria: (a) If the project will be carried out by a public agency,that agency shall be the Lead Agency even if the project will be located within the jurisdiction of another public agency. (b) If the project will be carried out by a nongovernmental person or entity, the Lead Agency shall be the public agency with the greatest responsibility for supervising and approving the project as a whole. The Lead Agency will normally be the agency with general governmental powers, rather than an agency with a single or limited purpose. (For example, a district which will provide a public service or utility to the project serves a limited purpose.) If two or more agencies meet this criteria equally, the agency which acts first on the project will be the Lead Agency. (c) If two or more public agencies have a substantial claim to be the Lead Agency under either (a) or (b), they may designate one agency as the Lead Agency by agreement. An agreement may also provide for cooperative efforts by contract,joint exercise of powers, or similar devices. If an agreement cannot be reached, the dispute may be submitted to the Office of Planning and Research by any public agency, or the applicant if a private project is involved. 2.03 DUTIES OF A LEAD AGENCY. As a Lead Agency, the City shall decide whether a Negative Declaration, Mitigated Negative Declaration or an EIR will be required for a project and shall prepare, or cause to be prepared, and consider the document before making its decision on whether and how to approve the project. The documents may be prepared by Staff or by private consultants pursuant to a contract with the City. However, the City shall independently review and analyze all draft and fmal EIRs or Negative Declarations prepared for a project and shall fmd that the EIR or Negative Declaration reflects the independent judgment of the City prior to approval of the document. If a Draft EIR, Final EIR or Focused EIR is prepared under a contract to the City, the contract must be executed within forty-five (45) days from the date on which the City sends a Notice of Preparation. (See Guidelines Section 7.02.) During the process of preparing an EIR,the City shall have the following duties: (a) Immediately after deciding that an EIR is required for a project,the City shall send to the State Clearinghouse and each Responsible Agency a Notice of Preparation (Form "G") stating that an EIR will be prepared. (See Guidelines Section 7.03.) SACTOVTB\22869\CITY\2005 2-1 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Lead and Responsible Agencies (b) The City shall prepare or cause to be prepared the Draft EIR for the project. (See Guidelines Section 7.04.) (c) Once the Draft EIR is completed, the City shall file a Notice of Completion (Form "H") with the Office of Planning and Research. (See Guidelines Section 7.18.) (d) The City shall consult with state, federal and local agencies which exercise authority over resources which may be affected by the project for their comments on the completed Draft EIR. (See Guidelines Section 7.21.) (e) The City shall provide public notice of the availability of a Draft EIR (Form "K") at the same time that it sends a Notice of Completion to the Office of Planning and Research. (See Guidelines Section 7.18.) (f) The City shall evaluate comments on environmental issues received from persons who reviewed the Draft EIR and shall prepare or cause to be prepared a written response. A written response must be provided to all commenting public agencies at least ten (10) days prior to certifying an EIR. (See Guidelines Section 7.24.) (g) The City shall prepare or cause to be prepared a Final EIR before approving the project. (See Guidelines Section 7.25.) (h) The City shall certify that the Final EIR has been completed in compliance with CEQA and has been reviewed by the City Council. (See Guidelines Section 7.27.) (i) The City shall include in the Final EIR, the reply of any Responsible Agency to the Notice of Preparation or Draft EIR. (See Guidelines Sections 2.07, 7.24 and 7.25.) As Lead Agency, the City may charge a non-elected body, such as the Planning Department or Planning Commission, with the responsibility of adopting, certifying or authorizing environmental documents; however, the City must have a procedure allowing for the appeal of the CEQA decisions of any non-elected body to the City Council. Existing provisions of the municipal code may be used to satisfy this requirement. 2.04 CONSULTATION REQUIREMENTS FOR DEVELOPMENT PROJECTS. An applicant for a development project must submit a signed statement to the City stating whether the project and any alternatives are located on a site which is included in any list compiled by the Secretary for Environmental Protection of the California Environmental Protection Agency ("California EPA") listing hazardous waste sites and other specified sites located in the City. The applicant's statement must contain the following information: (a) The applicant's name, address, and phone number. (b) Address of site, and local agency(city/county). (c) Assessor's book, page, and parcel number. (d) The list which includes the site, identification number, and date of list. Before accepting as complete an application for any development project as defined in Guidelines Section 10.13, the City shall consult lists compiled by the Secretary for Environmental Protection of the California EPA pursuant to Government Code Section 65962.5 listing hazardous waste sites and other specified sites located in the City. The City shall notify an applicant for a development project if the project site is located on such a list and not already identified. In the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (see Guidelines Section 6.04) or the Notice of Preparation of Draft EIR (see SACTOUTE\22869\CITY\2005 2-2 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Lead and Responsible Agencies Guidelines Section 7.03), the City shall specify the California EPA list, if any, which includes the project site, and shall provide the information contained in the applicant's statement. This provision applies only to projects for which applications have not been deemed complete on or before January 1, 1992. 2.05 RESPONSIBLE AGENCY PRINCIPLE. Where a project is to be carried out or approved by more than one public agency, all public agencies other than the Lead Agency which have discretionary approval power over the project shall be called Responsible Agencies. 2.06 DUTIES OF A RESPONSIBLE AGENCY. As a Responsible Agency, the City shall consider the environmental documents prepared or caused to be prepared by the Lead Agency and reach its own conclusions on whether and how to approve the project involved. The City shall also both respond to consultation by the Lead Agency and attend meetings as requested by the Lead Agency to assist the Lead Agency in preparing adequate environmental documents. The City should also review and comment on Draft EIRs and Negative Declarations. Comments shall be limited to those project activities which are within the City's area of expertise or are required to be carried out or approved by the City or are subject to the City's powers. As a Responsible Agency, the City may identify significant environmental effects of a project for which mitigation is necessary. As a Responsible Agency, the City may submit to the Lead Agency proposed mitigation measures which would address those significant environmental effects. If mitigation measures are required,the City shall submit to the Lead Agency complete and detailed performance objectives for such mitigation measures which would address the significant environmental effects identified, or refer the Lead Agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the Lead Agency by the City shall be limited to measures which mitigate impacts to resources that are within the City's authority. For private projects, the City, as a Responsible Agency, may require the project proponent to provide such information as may be required and to reimburse the City for all costs incurred by it in reporting to the Lead Agency. 2.07 RESPONSE TO NOTICE OF PREPARATION BY RESPONSIBLE AGENCIES. Within thirty (30) days of receipt of a Notice of Preparation of an EIR, the City, as a Responsible Agency, shall specify to the Lead Agency the scope and content of the environmental information related to the City's area of statutory responsibility in connection with the proposed project. At a minimum, the response shall identify the significant environmental issues and possible alternatives and mitigation which the City, as a Responsible Agency, will need to have explored in the Draft EIR. Such information shall be specified in writing, shall be as specific as possible, and shall be communicated to the Lead Agency, by certified mail or any other method of transmittal which provides it with a record that the notice was received, not later than thirty (30) days after receipt of the notice of the Lead Agency's determination. The Lead Agency shall incorporate this information into the EIR. SACTO\JTB\22869\CITY\2005 2_3 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Lead and Responsible Agencies 2.08 USE OF FINAL EIR OR NEGATIVE DECLARATION BY RESPONSIBLE AGENCIES. The City, as a Responsible Agency, shall consider the Lead Agency's Final EIR or Negative Declaration before acting upon or approving a proposed project. The City shall consider the adequacy of the prior environmental documents for its purposes and in certain instances may require that a Subsequent EIR or a Supplemental EIR be prepared. Mitigation measures and alternatives deemed feasible and relevant to the City's role in carrying out the project shall be adopted. Findings which are relevant to the City's responsibility shall be made. A Notice of Determination shall be filed by the Responsible Agency, but need not state that the Lead Agency's EIR or Negative Declaration complies with CEQA. 2.09 SHIFT IN LEAD AGENCY RESPONSIBILITIES. The City, as a Responsible Agency, shall assume the role of the Lead Agency if any one of the following three conditions is met: (a) The Lead Agency did not prepare any environmental documents for the project, and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. (b) The Lead Agency prepared environmental documents for the project, and all of the following conditions occur: (1) A Subsequent or Supplemental EIR is required; (2) The Lead Agency has granted a final approval for the project; and (3) The statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. (c) The Lead Agency prepared inadequate environmental documents without providing public notice of a Negative Declaration or sending Notice of Preparation of an EIR to Responsible Agencies and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. SACTOUTB\22869\CITY\2005 2-4 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA 3. ACTIVITIES EXEMPT FROM CEQA 3.01 ACTIONS SUBJECT To CEQA. CEQA applies to discretionary projects proposed to be carried out or approved by public agencies. If the proposed activity does not come within the definition of"project" contained in Guidelines Section 10.43 it is exempt from CEQA review. "Project"does not include: (a) Proposals for legislation to be enacted by the State Legislature. (b) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, and general policy and procedure making (except as provided in Guidelines Section 10.43). (c) The submittal of proposals to a vote of the people in response to a petition drive initiated by voters, or the enactment of a qualified voter-sponsored initiative under Cal. Const. Art. II, Section 11(a)and Election Code Section 9214. (d) The creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project which may have a potentially significant physical impact on the environment. Government funding mechanisms may include,but are not limited to, assessment districts and community facilities districts. (e) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. (f) Activities that do not result in a direct or reasonably foreseeable indirect physical change in the environment. 3.02 MINISTERIAL PROJECTS. A ministerial project is exempt from CEQA review. This is a project undertaken or approved by the City upon a given set of facts, in a prescribed manner, and in obedience to statute, ordinance, regulation or other legal mandate. A ministerial project is one in which the City officer or employee has no discretionary power to exercise personal judgment or opinion as to the method in which the project will be carried out. CEQA review would be irrelevant for a ministerial project, because the City must act in a preordained way regardless of environmental impacts. The decision whether a proposed project is ministerial in nature may involve or require, to some extent, interpretation of the language of the legal mandate, and should be made on a case-by-case basis. Ministerial projects include,but are not limited to: (a) Issuance of business licenses; (b) Approval of final subdivision maps and final parcel maps; (c) Approval of individual utility service connections and disconnections; (d) Issuance of licenses; (e) Issuance of a permit to do street work; (f) Issuance of building permits where the City does not retain significant discretionary power to modify or shape the project. SACTOUTB\22869\CITY\2005 3-1 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA Where a project involves an approval that contains elements of both a ministerial and discretionary nature, the project will be deemed to be discretionary and subject to the requirements of CEQA. 3.03 EXEMPTIONS IN GENERAL. CEQA and the State Guidelines exempt certain activities and provide that local agencies shall further identify and describe certain exemptions. The requirements of CEQA and the obligation to prepare an EIR, Negative Declaration or Mitigated Negative Declaration do not apply to the exempt activities which are set forth in CEQA, the State Guidelines and this Chapter. 3.04 PRELIMINARY EXEMPTION ASSESSMENT. If, in the judgment of Staff, a proposed activity is exempt, Staff should so fmd on the form entitled "Preliminary Exemption Assessment" (Form "A"). The Preliminary Exemption Assessment shall be retained at City Hall as a public record. 3.05 NOTICE OF EXEMPTION. After City approval of an exempt project, a "Notice of Exemption" (Form "B") may be filed by Staff with the Clerk. The Preliminary Exemption Assessment shall be attached to the Notice of Exemption for filing. If filed, the Clerk must post the Notice within twenty-four(24) hours of receipt, and the Notice must remain posted for thirty (30) days. Although no California Department of Fish and Game ("DFG") filing fee is applicable to exempt projects, most Clerks customarily charge a documentary handling fee to pay for record keeping on behalf of the DFG. Refer to the Index in the Staff Summary to determine if such a fee will be required for the project. The filing of a Notice of Exemption is recommended because it starts a 35-day statute of limitations on legal challenges to the City's determination that the project is exempt from CEQA. The City is encouraged to make postings of all filed notices available in electronic format on the Internet. These electronic postings are in addition to the procedures required by the State Guidelines and the Public Resources Code. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. When a request is made for a copy of the Notice prior to the date on which the City determines the project is exempt, the Notice must be mailed, first class postage prepaid, within five (5) days of the City's determination. If such a request is made following the City's determination,then the copy should be mailed in the same manner as soon as possible. 3.06 DISAPPROVED PROJECTS. Projects which the City rejects or disapproves are exempt. An applicant shall not be relieved of paying the costs for an EIR or Negative Declaration prepared for a project prior to the City's disapproval of the project. SACTOVTB\22869\CITY\2005 3-2 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA 3.07 No POSSIBILITY OF SIGNIFICANT EFFECT. Where it can be seen with absolute certainty that there is no possibility that the activity in question may have a significant effect on the environment,the activity is exempt. 3.08 EMERGENCY PROJECTS. The following types of emergency projects are exempt: (The term "emergency" is defined in Guidelines Section 10.16.) (a) Work in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Section 8550 of the Government Code. This includes projects that will remove, destroy, or significantly alter a historical resource when that resource represents an imminent threat to the public of bodily harm or of damage to adjacent property or when the project has received a determination by the State Office of Historic Preservation pursuant to Section 5028(b)of the Public Resources Code. (b) Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. (c) Projects necessary to prevent or mitigate an emergency. This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term. (d) Projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide,provided that the project is within the existing right of way of that highway and is initiated within one year of the damage occurring. This exemption does not apply to highways designated as official state scenic highways, nor to any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide. (e) Seismic work on highways and bridges pursuant to Section 180.2 of the Streets and Highways Code Section 180, et IQ. 3.09 FEASIBILITY AND PLANNING STUDIES. A project that involves only feasibility or planning studies for possible future actions which the City has not yet approved, adopted or funded is exempt. 3.10 RATES,TOLLS,FARES AND CHARGES. The establishment, modification, structuring, restructuring or approval of rates, tolls, fares or other charges by the City that the City finds are for one or more of the purposes listed below are exempt. (a) Meeting operating expenses, including employee wage rates and fringe benefits; (b) Purchasing or leasing supplies, equipment or materials; (c) Meeting financial reserve needs and requirements; or (d) Obtaining funds for capital projects necessary to maintain service within existing service areas. SACTOUTB\22869\CITY12005 3-3 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA When the City determines that one of the aforementioned activities pertaining to rates, tolls, fares or charges is exempt from the requirements of CEQA, it shall incorporate written fmdings setting forth the specific basis for the claim of exemption in the record of any proceeding in which such an exemption is claimed. 3.11 SUBSURFACE PIPELINES WITHIN A PUBLIC RIGHT-OF-WAY. The installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal or demolition of an existing subsurface pipeline is exempt where the project is less than one mile in length and located within a public street, highway or any other public right-of-way. 3.12 CERTAIN RESIDENTIAL HOUSING PROJECTS. CEQA does not apply to the construction, conversion, or use of residential housing if the project meets all of the general requirements described in Section A below and satisfies the specific requirements for any one of the following three categories: (1) agricultural housing (Section B below), (2) affordable housing projects in urbanized areas (Section C below), or (3) affordable housing projects near major transit stops(Section D below). A. General Requirements. The construction, conversion, or use of residential housing units affordable to low-income households (as defined in Section 10.28) located on an infill site in an urbanized area is exempt from CEQA if all of the following general requirements are satisfied: (1) The project is consistent with: (a) any applicable general plan, specific plan, and local coastal program, including any mitigation measures, as that plan or program existed on the date that the application was deemed complete, and (b) any applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed complete. A project may satisfy the zoning consistency requirement even if it proposes rezoning of the project site as long as the proposed zoning is consistent with the applicable General Plan designation; (2) Community level environmental review has been adopted or certified; (3) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid or committed to pay all applicable in-lieu or development fees; (4) The project meets all of the following four criteria relating to biological resources: (a) The project site does not contain wetlands; (b) The project site does not have any value as a wildlife habitat; SACTOUTB\22869\CITY\2005 3-4. ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA (c) The project does not harm any species protected by the federal Endangered Species Act of 1973, the Native Plant Protection Act, or the California Endangered Species Act; and (d) The project does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete; (5) The project site is not included on any list of facilities and sites compiled pursuant to Section 65962.5 of the Government Code; (6) The project site is subject to a preliminary endangerment assessment prepared by a registered environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity; (a) If a release of a hazardous substance is found to exist on the site, the release shall be removed or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements. (b) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements. (7) The project does not have a significant effect on historical resources; (8) The project site is not subject to any of the following potential hazards except when mitigated as set forth below: (a) A wildland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard; (b) An unusually high risk of fire or explosion from materials stored or used on nearby properties; (c) Risk of a public health exposure at a level that would exceed the standards established by any state or federal agency; (d) Within a delineated earthquake fault zone, as determined pursuant to Section 2622 of the Public Resources Code, or a seismic hazard zone, as determined pursuant to Section 2696 of the Public Resources Code, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake fault or seismic hazard zone; or (e) Landslide hazard, flood plain, floodway, or restriction zone, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood; SACTOUTB\22869\CITY\2005 3_5 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA (9) The project site is not located on developed open space; (10) The project site is not located within the boundaries of a state conservancy; and (11) The project meets the requirements in either Section 21159.22, 21159.23 or 21159.24 of the Public Resources Code. B. Specific Requirements for Agricultural Housing (Public Resources Code Section 21159.22.) CEQA does not apply to the construction, conversion, or use of residential housing for agricultural employees that meets all of the general requirements described above in Section A and meets the following additional criteria: (1) The project either: (a) is affordable to lower income households, lacks public financial assistance, and the developer has provided sufficient legal commitments to ensure the continued availability and use of the housing units for lower income households for a period of at least fifteen(15)years; or (b) provides housing for very low, low-, or moderate-income households, public financial assistance exists for the development project, and the developer of the project has provided sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for low- and moderate-income households for a period of at least fifteen (15) years; (2) The project site is adjacent on at least two sides to land that has been developed and the project consists of not more than forty-five (45)units or provides dormitories,barracks, or other group-living facilities for a total of forty-five (45)or fewer agricultural employees, and either: (a) The project site is within incorporated City limits or within a census-defined place with a minimum population density of at least five thousand(5,000)persons per square mile; or (b) The project site is within incorporated City limits or within a census- defined place and the minimum population density of the City or the census-defined place is at least one thousand (1,000) persons per square mile, unless the City determines that there is a reasonable possibility that the project would have a significant effect on the environment or that the cumulative effects of successive projects of the same type in the same area would, over time,be significant; (3) If the project is located on a site zoned for general agricultural use, it must consist of twenty (20) or fewer units, or, if the housing consists of SACTOVTB\22869\CITY\2005 3-6 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA dormitories, barracks, or other group-living facilities, the project must not provide housing for more than twenty(20)agricultural employees; and (4) The project is not more than two (2) acres in area if the project site is located in an area with a population density of at least one thousand (1,000)persons per square mile, and is not more than five (5) acres in area for all other project sites. C. Specific Requirements for Affordable Housing Projects in Urbanized Areas (Public Resources Code Section 21159.23.) CEQA does not apply to any development project that consists of the construction, conversion, or use of residential housing consisting of one hundred (100) or fewer units that are affordable to low-income households if all of the general requirements described in Section A above are satisfied and the following additional criteria are also met: (1) The developer of the project provides sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for lower income households for a period of at least thirty(30)years; (2) The project site: (a) has been previously developed for qualified urban uses; (b) is immediately adjacent to parcels that are developed with qualified urban uses; or (c) at least 75% of the perimeter of the site adjoins parcels that are developed with qualified urban uses and the remaining 25% of the perimeter of the site adjoins parcels that have previously been developed for qualified urban uses,the site has not been developed for urban uses and no parcel within the site has been created within ten(10)years prior to the proposed development of the site; (3) The project site is not more than five(5)acres in area; and (4) The project site is located: (a) within an urbanized area or within a census-defined place with a population density of at least five thousand (5,000) persons per square mile, (b) if the project consists of fifty (50) or fewer units, within an incorporated city with a population density of at least twenty-five hundred (2,500) persons per square mile and a total population of at least twenty-five thousand(25,000)persons, or (c) within either an incorporated city or a census-defined place with a population density of one thousand (1,000) persons per square mile, unless there is a reasonable possibility that the project would have a significant effect on the environment due to unusual circumstances or due to the related or cumulative impacts of reasonably foreseeable projects in the vicinity of the project. SACTOUTB\22869\CITY\2005 3-7 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA D. Specific Requirements for Affordable Housing Projects Near Major Transit Stops (Public Resources Code Section 21159.24.) CEQA does not apply to a residential project on an infill site within an urbanized area if all of the general requirements described above in Section A are satisfied and the following additional criteria are also met: (1) Within five (5)years prior to the date that the application for the project is deemed complete, community-level environmental review was certified or adopted. This exemption does not apply, however, if new information about the project or substantial changes regarding the circumstances surrounding the project become available after the community-level environmental review was certified or adopted; (2) The project site is not more than four(4) acres in total area; (3) The project does not contain more than one hundred (100) residential units; (4) The project meets either of the following criteria: (a) At least 10%of the housing is sold to families of moderate income or rented to families of low income or at least 5%of the housing is rented to families of very low income, and the project developer has provided the City with sufficient legal commitments to ensure the continued availability and use of the housing units for very low, low-, and moderate-income households at monthly housing costs; or (b) The project developer has paid or will pay in-lieu fees sufficient to pay for the development of the same number of units that would otherwise be sold or rented to families of moderate or very low income pursuant to subparagraph (a); (5) The project is within one-half mile of a major transit stop; (6) The project does not include any single-level building that exceeds 100,000 square feet;and (7) The project promotes higher density infill housing. (a) A project with a density of at least 20 units per acre shall be conclusively presumed to promote higher density infill housing. (b) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density housing unless the preponderance of the evidence demonstrates otherwise. SACTOUTB\22869\CITY\2005 3-8 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA (8) Exception. (a) The Exemption for Affordable Housing Projects near Major Transit Stops does not apply if any one of the following criteria is met: 1. There is a reasonable possibility that the project will have a project-specific, significant effect on the environment due to unusual circumstances; 2. Since community-level environmental review was certified or adopted, substantial changes have occurred with respect to the circumstances under which the project is being undertaken, and those changes are related to the project;or 3. Since community-level environmental review was certified or adopted, new information regarding the circumstances under which the project is being undertaken has become available, and that new information is related to the project and was not known and could not have been known at the time of the community-level environmental review. (b) If a project satisfies any one of the three criteria described above in Section D.(8)(a), the environmental effects of the project must be analyzed in an environmental impact report or a negative declaration. The environmental analysis shall be limited to the effects identified pursuant to Section D.(8)(a). E. Whenever the lead agency determines that a project is exempt from environmental review based on Public Resources Code section 21159.22 [Section 3.12 B. of these Guidelines], 21159.23 [Section 3.12 C. of these Guidelines], or 21159.24 [Section 3.12 D. of these Guidelines], staff and/or the proponent of the project shall file notice of the determination of exemption with the Office of Planning and Research within five working days after the approval of the project. 3.13 MINOR ALTERATIONS TO FLUORIDATE WATER UTILITIES. Minor alterations to water utilities made for the purpose of complying with the fluoridation requirements of Health and Safety Code Sections 4026.7 and 4026.8 or regulations adopted thereunder are exempt. 3.14 BALLOT MEASURES. The definition of project in the State Guidelines specifically excludes the submittal of proposals to a vote of the people of the state or of a particular community. This exception applies only to measures proposed in response to a petition drive initiated by voters. When a governing body makes a decision to put a measure on the ballot, that decision may be discretionary and therefore subject to CEQA. In contrast, the enactment of a qualified voter- sponsored initiative under California Constitution Art. II, Section 11(a) and Election Code SACTOUTB\22869\CITY\2005 3-9 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA Section 9214 is not a project and therefore is not subject to CEQA review. (See Guidelines Section 3.01.) 3.15 OTHER SPECIFIC EXEMPTIONS. CEQA and the State Guidelines exempt many other specific activities, including early activities related to thermal power plants, ongoing projects, transportation improvement programs, family day care homes, congestion management programs, railroad grade separation projects, restriping of streets or highways to relieve traffic congestion, and hazardous or volatile liquid pipelines. Specific statutory exemptions are listed in the Public Resources Code, including Sections 21080 through 21080.33, and in the State Guidelines, including Sections 15260 through 15285. 3.16 CATEGORICAL EXEMPTIONS. The State Guidelines establish certain classes of categorical exemptions. These apply to classes of projects which have been determined not to have a significant effect on the environment and which, therefore, are exempt. Compliance with the requirements of CEQA or the preparation of environmental documents for any project which comes within one of these classes of categorical exemptions is not required. The classes of projects are briefly summarized below. (Reference to the State Guidelines for the full description of each exemption is recommended.) The exemptions of Classes 3,4, 5, 6 and 11 below are qualified in that such projects must be considered in light of the location of the project. A project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Therefore, these classes are considered to apply in all instances except where the project may impact on an environmental resource of hazardous or critical concern which is designated, precisely mapped, and officially adopted pursuant to law by federal, state or local agencies. All classes of categorical exemptions are qualified. These exemptions are inapplicable when the cumulative impact of successive projects of the same type in the same place over time is significant or when there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. With the foregoing limitations in mind, the following classes of activity are generally exempt: Class 1: Existing Facilities. Activities involving the operation, repair, maintenance, permitting, leasing, licensing, minor alteration of; or legislative activities to regulate, existing public or private structures, facilities, mechanical equipment or other property, or topographical features, provided the activity involves negligible or no expansion of use beyond that existing at the time of the City's determination. The types of"existing facilities"itemized in Class 1 are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of an existing use. (State Guidelines Section 15301.) SACTOVTB\22869\CITY\2005 3-10 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA Class 2: Replacement or Reconstruction. Replacement or reconstruction of existing facilities, structures, or other property where the new facility or structure will be located on the same site as the replaced or reconstructed facility or structure and will have substantially the same purpose and capacity as the replaced or reconstructed facility or structure. (State Guidelines Section 15302.) Class 3: New Construction or Conversion of Small Structures. Construction of limited numbers of small new facilities or structures; installation of small new equipment or facilities in small structures; and the conversion of existing small structures from one use to another, when only minor modifications are made in the exterior of the structure. This exemption includes structures built for both residential and commercial uses. (The maximum number of structures allowable under this exemption is set forth in State Guidelines Section 15303.) Class 4: Minor Alterations to Land. Minor alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees, except for forestry or agricultural purposes. (State Guidelines Section 15304.) Class 5: Minor Alterations in Land Use Limitations. Minor alterations in land use limitations in areas with an average slope of less than 20%which do not result in any changes in land use or density. (State Guidelines Section 15305.) Class 6: Information Collection. Basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. (State Guidelines Section 15306.) Class 7: Actions by Regulatory Agencies for Protection of Natural Resources. Actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. (State Guidelines Section 15307.) Class 8: Actions By Regulatory Agencies for Protection of the Environment. Actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement or protection of the environment where the regulatory process involves procedures for protection of the environment. (State Guidelines Section 15308.) Class 9: Inspection. Inspection activities, including, but not limited to, inquiries into the performance of an operation and examinations of the quality, health or safety of a project. (State Guidelines Section 15309.) Class 10: Loans. Loans made by the Department of Veteran Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. (State Guidelines Section 15310.) Class 11: Accessory Structures. Construction or replacement of minor structures accessory or appurtenant to existing commercial, industrial, or institutional facilities, including, but not limited to, on-premise signs; small parking lots; and placement of seasonal or temporary SACTOUTB\22869\CITY\2005 3-11 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA use items, such as lifeguard towers, mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks, stadiums or other facilities designed for public use. (State Guidelines Section 15311.) Class 12: Surplus Government Property Sales. Sales of surplus government property, except for certain parcels of land located in an area of statewide, regional or areawide concern as that teen is defined in State Guidelines Section 15206(b)(4). However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: (a) The property does not have significant values for wildlife habitat or other environmental purposes, and (b) Any one of the following three conditions is met: (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in the State Guidelines; or (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. (State Guidelines Section 15312.) Class 13: Acquisition of Lands for Wildlife Conservation Purposes. Acquisition of lands for fish and wildlife conservation purposes, including preservation of fish and wildlife habitat, establishment of ecological preserves under Fish and Game Code Section 1580, and preservation of access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. (State Guidelines Section 15313.) Class 14: Minor Additions to Schools. Minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten (10) classrooms, whichever is less. The addition of portable classrooms is included in this exemption. (State Guidelines Section 15314.) Class 15: Minor Land Divisions. Division(s) of property in urbanized areas zoned for residential, commercial or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two(2)years, and the parcel does not have an average slope greater than 20%. (State Guidelines Section 15315.) Class 16: Transfer of Ownership of Land in Order to Create Parks. Acquisition, sale, or other transfer of land in order to establish a park where the land is in a natural condition or contains historical or archaeological resources and either: (a) The management plan for the park has not been prepared, or (b) The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological resources. SACTOVTB\22869\CITY12005 3-12 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA CEQA will apply when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of the historic or archaeological resource. (State Guidelines Section 15316.) Class 17: Open Space Contracts or Easements. Establishment of agricultural preserves, making and renewing of open space contracts under the Williamson Act or acceptance of easements or fee interests in order to maintain the open space character of the area. (The cancellation of such preserves, contracts, interests or easements is not included in this exemption.) (State Guidelines Section 15317.) Class 18: Designation of Wilderness Areas. Designation of wilderness areas under the California Wilderness System. (State Guidelines Section 15318.) Class 19: Annexations of Existing Facilities and Lots for Exempt Facilities. Annexations: (a) to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or prezoning of either the gaining or losing governmental agency,whichever is more restrictive;provided, however,that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities; and (b) of individual small parcels of the minimum size for facilities exempted by Class 3, New Construction or Conversion of Small Structures. (State Guidelines Section 15319.) Class 20: Changes in Organization of Local Agencies. Changes in the organization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. (State Guidelines Section 15320.) Class 21: Enforcement Actions by Regulatory Agencies. Actions by the City to enforce or revoke a lease, permit, license, certificate or other entitlement for use issued, adopted or prescribed by the City or a law, general rule, standard or objective administered or adopted by the City; or law enforcement activities by peace officers acting under any law that provides a criminal sanction. (Construction activities undertaken by the City taking the enforcement or revocation action are not included in this exemption.) (State Guidelines Section 15321.) Class 22: Educational or Training Programs Involving No Physical Changes. The adoption, alteration or termination of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. (State Guidelines Section 15322.) Class 23: Normal Operations of Facilities for Public Gatherings. Continued or repeated normal operations of existing facilities for public gatherings for which the facilities were designed, where there is past history, of at least three years, of the facility being used for the same or similar purposes. Facilities included within this exemption include, but are not limited to race tracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools and amusement parks. (State Guidelines Section 15323.) SACTOUTB\22869\CITY\2005 3-13 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA Class 24: Regulation of Working Conditions. Actions taken by the City to regulate employee wages, hours of work or working conditions where there will be no demonstrable physical changes outside the place of work. (State Guidelines Section 15324.) Class 25: Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions and Historical Resources. Transfers of ownership of interest in land in order to preserve open space, habitat, or historical resources. Examples include, but are not limited to, acquisition, sale, or other transfer of areas to: preserve existing natural conditions, including plant or animal habitats; allow continued agricultural use of the areas; allow restoration of natural conditions; preserve open space or lands for natural park purposes; or prevent encroachment of development into floodplains. This exemption does not apply to the development of parks or park uses. (State Guidelines Section 15325.) Class 26: Acquisition of Housing for Housing Assistance Programs. Actions by a redevelopment agency, housing authority or other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units,provided the housing units are either in existence or possessing all required permits for construction when the agency makes its final decision to acquire the units. (State Guidelines Section 15326.) Class 27: Leasing New Facilities. Leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency when the City determines that the proposed use of the facility: (1) conforms with existing state plans and policies and with general, community, and specific plans for which an EIR or Negative Declaration has been prepared; (2) is substantially the same as that originally proposed at the time the building permit was issued; (3) does not result in a traffic increase of greater than 10%of front access road capacity;and (4) includes the provision of adequate employee and visitor parking facilities. (State Guidelines Section 15327.) Class 28: Small Hydroelectric Projects as Existing Facilities. Installation of certain small hydroelectric-generating facilities in connection with existing dams, canals and pipelines, subject to the conditions in State Guidelines Section 15328. (State Guidelines Section 15328.) Class 29: Cogeneration Projects at Existing Facilities. Installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting certain conditions listed in State Guidelines Section 15329. (State Guidelines Section 15329.) Class 30: Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances. Minor cleanup actions costing $1 million or less to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance. (State Guidelines Section 15330.) Class 31: Historical Resource Restoration/Rehabilitation. Maintenance, repairs, stabilization, rehabilitation, restoration,preservation, conservation, or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment SACTOUTB\22869\CITY\2005 3-14 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. (State Guidelines Section 15331.) Class 32: Infill Development Projects. Infill development meeting the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) The project site has no value as habitat for endangered,rare or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic,noise, air quality, or water quality;and (e) The site can be adequately served by all required utilities and public services. (State CEQA Guidelines Section 15332.) Class 33: Small Habitat Restoration Projects. Revegetation of disturbed areas with native plant species; wetland restoration, the primary purpose of which is to improve conditions for waterfowl or other species that rely on wetland habitat; stream or river bank revegetation, the primary purpose of which is to improve habitat for amphibians or native fish; projects to restore or enhance habitat that are carried out principally with hand labor and not mechanized equipment; stream or river bank stabilization with native vegetation or other bioengineering techniques, the primary purpose of which is to reduce or eliminate erosion and sedimentation; culvert replacement conducted in accordance with published guidelines of the Department of Fish and Game or NOAA Fisheries,the primary purpose of which is to improve habitat or reduce sedimentation, and other similar projects to assure the maintenance, restoration, enhancement, or protection of habitat for fish, plants, or wildlife. This exemption only applies to project that are five acres or less in size and that meet the following criteria: (a) There would be no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to Section 15065 of the State Guidelines; (b) There are no hazardous materials at or around the project site that may be disturbed or removed; and (c) The project will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. SACTOVTB\22869\CITY\2005 3-15 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Time Limitations 4. TIME LIMITATIONS 4.01 REVIEW OF PRIVATE PROJECT APPLICATIONS. Staff shall determine whether the application for a private project is complete within thirty (30) days of receipt of the application. No application may be deemed incomplete for lack of a waiver of the time limitations in Guidelines Sections 4.03 and 4.04. Accepting an application as complete does not limit the authority of the City, acting as the Lead Agency, to require the applicant to submit additional information needed for environmental evaluation of the project. Requiring such additional information after the application is complete does not change the status of the application. 4.02 DETERMINATION OF ENVIRONMENTAL IMPACT. Except as provided in Guidelines Sections 4.05 and 4.06, Staff's initial determination as to whether a Negative Declaration, Mitigated Negative Declaration or an EIR should be prepared shall be made within thirty (30) days from the date on which an application for a project is accepted as complete by the City. This period may be extended fifteen (15) days with consent of the applicant and the City. 4.03 COMPLETION AND ADOPTION OF NEGATIVE DECLARATION. For private projects involving the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies,the Negative Declaration/Mitigated Negative Declaration shall be completed and approved within one hundred eighty(180)days from the date when the City accepted the application as complete. Completion of a Negative Declaration/Mitigated Negative Declaration within the 180-day period shall include completion of the Initial Study, public review and the preparation of documents for approval by the decisionmaking body, either the Planning Commission or City Council (see definition in Guidelines Section 10.11). In the event that compelling circumstances justify additional time and the project applicant consents thereto, Staff may provide for a reasonable extension of the time limit for completing and adopting the Negative Declaration/Mitigated Negative Declaration. 4.04 COMPLETION AND CERTIFICATION OF FINAL EIR. For private projects, the Final EIR shall be completed and certified by the City Council within one year after the date when the City accepted the application as complete. In the event that compelling circumstances justify additional time, the City Council may provide a one-time extension up to ninety (90) days for completing and adopting the EIR, upon consent of the City and the project applicant. 4.05 PROJECTS SUBJECT To THE PERMIT STREAMLINING ACT. The Permit Streamlining Act requires agencies to make decisions on certain development project approvals within specified time limits. If a project is subject to the Act, the City cannot require the project applicant to submit the informational equivalent of an EIR or prove SACTOUTB\22869\CITY\2005 4-1 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Time Limitations compliance with CEQA as a prerequisite to determining whether the project application is complete. In addition, if requested by the project applicant, the City must begin processing the project application prior to final CEQA action, provided the information necessary to begin the process is available. Under the Permit Streamlining Act, the City as Lead Agency must approve or disapprove the development project application within one hundred eighty (180) days from the date on which it certifies the EIR, or ninety (90) days if an extension for completing and certifying the EIR is granted (see Guidelines Section 4.04). If the City adopts a Negative Declaration/Mitigated Negative Declaration, or determines the development project is exempt from CEQA, it shall approve or disapprove the project application within sixty (60) days from the date on which it adopts the Negative Declaration/Mitigated Negative Declaration or determines that the project is exempt from CEQA. Except for waivers of the time periods for preparing a joint Environmental Impact Report/Environmental Impact Statement (as outlined in Government Code Sections 65951 and 65957), the City cannot require a waiver of the time limits specified in the Permit Streamlining Act as a condition of accepting or processing a development project application. In addition, the City cannot disapprove a development project application in order to comply with the time limits specified in the Permit Streamlining Act. 4.06 PROJECTS,OTHER THAN THOSE SUBJECT TO THE PERMIT STREAMLINING ACT,WITH SHORT TIME PERIODS FOR APPROVAL. A few statutes require agencies to make decisions on project applications within time limits that are so short that review of the project under CEQA would be difficult. To enable the City as Lead Agency to comply with both the enabling statute and CEQA, the City shall deem a project application as not received for filing under the enabling statute until such time as the environmental documentation required by CEQA is complete. This section applies where all of the following conditions are met: (a) The enabling statute for a program, other than development projects under Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, requires the City to take action on an application within a specified period of time of six (6)months or less; (b) The enabling statute provides that the project is approved by operation of law if the City fails to take any action within the specified time period; and (c) The project application involves the City's issuance of a lease, permit, license, certificate or other entitlement for use. In any case, the environmental document shall be completed or certified and the decision on the application shall be made within the period established by the Permit Streamlining Act (Government Code Sections 65920, et sq.). 4.07 SUSPENSION OF TIME PERIODS. An unreasonable delay by an applicant in meeting City requests necessary for the preparation of a Negative Declaration or an EIR shall suspend the running of the time periods SACTOUTB\22869\CITY\2005 4-2 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Time Limitations described in Guidelines Sections 4.03 and 4.04 for the period of the unreasonable delay. Alternatively, the City may disapprove a project application where there is unreasonable delay in meeting requests. The City may also allow a renewed application to start at the same point in the process where the application was when it was disapproved. SACTOVTB\22869\CITY\2005 4-3 *2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study 5. INITIAL STUDY 5.01 PREPARATION OF INITIAL STUDY. If the City determines that it is the Lead Agency for a project which is not exempt, the City shall prepare an Initial Study to ascertain whether the project may have a substantial adverse effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial. All phases of project planning, implementation and operation must be considered in the Initial Study. An Initial Study may rely on expert opinion supported by facts, technical studies or other substantial evidence. However, an Initial Study is neither intended nor required to include the level of detail included in an EIR. (a) For City projects, the Initial Study shall be prepared by Staff or by private experts pursuant to contract with the City. (b) For private projects, the person or entity proposing to carry out the project shall submit all data and information as may be required by the City to determine whether the proposed project may have a significant effect on the environment. All costs incurred by the City in reviewing the data and information submitted, or in conducting its own investigation based upon such data and information, or in preparing an Initial Study for the project shall be borne by the person or entity proposing to carry out the project. 5.02 INFORMAL CONSULTATION WITH OTHER AGENCIES. When more than one public agency will be involved in undertaking or approving a project, the City as Lead Agency shall consult with all Responsible and any Trustee Agencies. Such consultation shall be undertaken as part of the Initial Study process prior to determining whether an EIR, Mitigated Negative Declaration or Negative Declaration is required for the project. This early consultation, which may be done quickly and informally, is designed to insure that the EIR,Negative Declaration or Mitigated Negative Declaration will reflect the concerns of all Responsible Agencies that will issue approvals for the project and all Trustee Agencies responsible for natural resources affected by the project. It may include consultation with other individuals or organizations with an interest in the project. The Office of Planning and Research, upon request of the City or a private project applicant, shall assist in identifying the various Responsible Agencies for a proposed project and ensure that the Responsible Agencies are notified regarding any early consultation. In the case of a project undertaken by a public agency, the Office of Planning and Research, upon request of the City, shall ensure that any Responsible Agency or public agency that has jurisdiction by law with respect to the project is notified regarding any early consultation. If, during the early consultation process it is determined that the project will clearly have a significant effect on the environment,the City may immediately dispense with the Initial Study and determine that an EIR is required. SACTOUTB\228691CITY\2005 5-1 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study 5.03 CONSULTATION WITH PRIVATE PROJECT APPLICANT. During or immediately after preparation of an Initial Study for a private project, the City may consult with the applicant to determine if the applicant is willing to modify the project to reduce or avoid the significant effects identified in the Initial Study. If the project can be revised to avoid or mitigate effects to a level of insignificance and there is no substantial evidence before the City that the project, as revised, may have a significant effect on the environment, the City may prepare and adopt a Negative Declaration. If any significant effect may still occur despite alterations of the project, an EIR must be prepared. 5.04 PURPOSES OF AN INITIAL STUDY. The Initial Study shall be used to determine whether a Negative Declaration, Mitigated Negative Declaration or an EIR shall be prepared for a project. It provides written documentation of whether the City found evidence of significant adverse impacts which might occur. The purposes of an Initial Study are to: (a) Identify environmental impacts; (b) Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is written; (c) Focus an EIR, if one is required, on potentially significant environmental effects; (d) Facilitate environmental assessment early in the design of a project; (e) Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment; (f) Eliminate unnecessary EIRs; and (g) Determine whether a previously prepared EIR could be used for the project. 5.05 CONTENTS OF INITIAL STUDY. An Initial Study shall contain in brief form: (a) A description of the project, including the location of the project. The project description must be consistent throughout the environmental review process; (b) An identification of the environmental setting; (c) An identification of environmental effects by use of a checklist, matrix, or other method provided that entries are briefly explained to show the evidence supporting the entries. The brief explanation may be through either a narrative or a reference to other information such as attached maps, photographs, or an earlier EIR or Negative Declaration. A reference to another document should include, if possible, a citation to the page or pages where the information is found; (d) A discussion of ways to mitigate any significant effects identified; (e) An examination of whether the project is compatible with existing zoning and local land use plans; (f) The name of the person or persons who prepared or participated in the Initial Study; (g) A summary of any comments regarding the project received from Responsible Agencies, Trustee Agencies or other persons; and SACTOUTB\22869\CITY\2005 5-2 ®2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study (h) Identification of prior EIRs or environmental documents which could be used with the project. 5.06 USE OF A CHECKLIST INITIAL STUDY. When properly completed, the Environmental Checklist (Form "J") will meet the requirements of Guidelines Section 5.05 provided that the entries on the checklist are explained. Either the Environmental Checklist (Form "J") should be expanded or a separate attachment should be prepared to describe the project, including its location, and to identify the environmental setting. California courts have rejected the use of a bare, unsupplemented Initial Study checklist. An Initial Study must contain more than mere conclusions. It must disclose supporting data or evidence upon which the City relied in conducting the Study. The City shall augment checklists with supporting factual data and reference information sources when completing the forms. Explanation of all "potential impact" answers should be provided on attached sheets. For controversial projects, it is advisable to state briefly why "no" answers were checked. If practicable, attach a list of reference materials, such as prior EIRs, plans, traffic studies, air quality data, or other supporting studies. 5.07 EVALUATING SIGNIFICANT ENVIRONMENTAL EFFECTS. In evaluating the environmental significance of effects disclosed by the Initial Study, the City shall consider: (a) Whether the Initial Study and/or any comments received informally during consultations indicate that a fair argument can be made that the project may have a significant adverse environmental impact which cannot be mitigated to a level of insignificance. Even if a fair argument can be made to the contrary, an EIR should be prepared. (b) Whether both primary (direct) and secondary (indirect) consequences of the project were evaluated. Primary consequences are immediately related to the project, while secondary consequences are related more to the primary consequences than to the project itself. For example, secondary impacts upon the resources base, including land, air, water and energy use of an area,may result from population growth, a primary impact. (c) Whether adverse social and economic changes will result from a physical change caused by the project. Adverse economic and social changes resulting from a project are not, in themselves, significant environmental effects. However, if such adverse changes cause physical changes in the environment, those consequences may be used as the basis for finding that the physical change is significant. (d) Whether there is serious public controversy or disagreement among experts over the environmental effects of the project. However, controversy or disagreement alone shall not require preparation of an EIR in the absence of substantial evidence of significant effects. (e) Whether the cumulative impact of the project is significant and whether the incremental effects of the project are "cumulatively considerable" (as defined in Guidelines Section 10.10) when viewed in connection with the effects of past projects, current projects, and probable future projects. SACTOUTB\22869\CITY\2005 5_3 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study (0 Whether the project may cause a substantial adverse change in the significance of an archaeological or historical resource. 5.08 MANDATORY FINDINGS OF SIGNIFICANT EFFECT. Whenever there is substantial evidence, in light of the whole record, that any of the conditions set forth below may occur , the City shall find that the project may have a significant effect on the environment and thereby shall require preparation of an EIR: (a) The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of major periods of California history or prehistory; (b) The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals; (c) The project has possible environmental effects which are individually limited but cumulatively considerable. "Cumulatively considerable" means that the incremental effects of an individual project are significant when viewed in connection with the effects of past, current, and probable future projects. That is, the City is required to determine whether the incremental impacts of a project are cumulatively considerable by evaluating them against the back-drop of the environmental effects of the other projects; or (d) The environmental effects of a project will cause substantial adverse effects on humans either directly or indirectly. If, before the release of the CEQA document for public review, the potential for triggering one of the mandatory findings of significance is avoided or mitigation measures or project modifications reduce the potentially significant impacts to a point where clearly the mandatory finding of significance is not triggered, preparation of an EIR is not mandated. If the project's potential for triggering one of the mandatory fmdings of significance cannot be avoided or mitigated to a point where the criterion is clearly not triggered, an EIR shall be prepared, and the relevant mandatory findings of significance shall be used: (1) as thresholds of significance for purposes of preparing the EIR's impact analysis, (2) in making fmdings on the feasibility of alternatives or mitigation measures, (3) when found to be feasible, in making changes in the project to lessen or avoid the adverse environmental impacts, and (4) when necessary, in adopting a statement of overriding considerations. Although an EIR prepared for a project that triggers one of the mandatory findings of significance must use the relevant mandatory findings as thresholds of significance,the EIR need not conclude that the impact itself is significant. Rather,the City must exercise its discretion and determine, on a case-by-case basis after evaluating all of the relevant evidence, whether the project's environmental impacts are avoided or mitigated below a level of significance or whether a statement of overriding considerations is required. SACTOUTB\22869\CITY\2oo5 5-4 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study With regard to a project that has the potential to substantially reduce the number or restrict the range of a protected species, the City does not have to prepare an EIR solely due to that impact, provided the project meets the following three criteria: (1) The project proponent must be bound to implement mitigation requirements relating to such species and habitat pursuant to an approved habitat conservation plan and/or natural communities conservation plan; (2) The state or federal agency must have approved the habitat conservation plan and/or natural community conservation plan in reliance on an EIR and/or EIS; and (3) The mitigation requirements must either avoid any net loss of habitat and net reduction in number of the affected species, or preserve, restore, or enhance sufficient habitat to mitigate the reduction in habitat and number of the affected species below a level of significance. 5.09 MANDATORY PREPARATION OF AN EIR FOR WASTE-BURNING PROJECTS. The City, as Lead Agency, shall prepare or cause to be prepared, and certify the completion of, an EIR, or, if appropriate, a modification, addendum, or supplement to an existing EIR, for any project involving the burning of municipal wastes, hazardous waste or refuse- derived fuel, including,but not limited to,tires, if the project consists of any of the following: (a) The construction of a new facility. (b) The expansion of an existing hazardous waste burning facility which would increase its permitted capacity by more than 10%. (c) The issuance of a hazardous waste facilities permit to a land disposal facility, as defined in Guidelines Section 10.25. (d) The issuance of a hazardous waste facilities permit to an offsite large treatment facility, as defined in Guidelines Sections 10.26 and 10.40. This section does not apply to projects listed in subsections (c) and (d), immediately above, if the facility only manages hazardous waste that is identified or listed pursuant to Health and Safety Code Section 25140 or 25141 or only conducts activities which are regulated pursuant to Health and Safety Code Section 25100, et seq. The City shall calculate the percentage of expansion for an existing facility by comparing the proposed facility's capacity with either of the following, as applicable: (a) The facility capacity authorized in the facility's hazardous waste facilities permit pursuant to Section 25200 of the Health and Safety Code, or its grant of interim status pursuant to Section 25200.5 of the Health and Safety Code, or the facility capacity authorized in any state or local agency permit allowing the construction or operation of the facility for the burning of hazardous waste granted before January 1, 1990; or (b) The facility capacity authorized in the facility's original hazardous facilities permit, grant of interim status, or any state or local agency permit allowing the construction or SACTOVTB\22869\CITY\2005 5-5 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study operation of a facility for the burning of hazardous waste, granted on or after January 1, 1990. The EIR requirement does not apply to any project which exclusively burns any of the following: (a) digester gas produced from manure or any other solid or semi-solid animal waste; (b) methane gas produced from a disposal site which is used only for the disposal of solid waste; (c) forest, agricultural,wood or other biomass wastes; (d) hazardous waste in an incineration unit that is transportable and which is either at a site for not longer than three years or is part of a remedial or removal action; (e) refinery waste burned in a flare on the site of generation; (f) methane gas produced at a municipal sewage treatment plant and burned in a flare; (g) hazardous waste, or hazardous waste as a supplemental fuel, as part of a research, development, or demonstration project which, consistent with the Resource Conservation and Recovery Act of 1976,has been determined to be innovative and experimental by the State Department of Health Services and which is limited in type and quantity of waste to that necessary to determine the efficacy and performance capabilities of the technology or process; provided, however, that any facility which operated as a research, development or demonstration project and for which an application is thereafter submitted for a hazardous waste facility permit for operation other than as a research, development or demonstration project shall be considered a new facility for the burning of hazardous waste, and therefore subject to EIR requirements; (h) soils contaminated only with petroleum fuels or the vapors from these soils; (i) exclusively treats less than 3,000 pounds of hazardous waste per day in a thermal processing unit operated in the absence of open flame, and submits a worst-case health risk assessment of the technology to the State Department of Health Services for review and distribution to the interested public. This assessment shall be prepared in accordance with guidelines set forth in the Air Toxics Assessment Manual of the California Air Pollution Control Officers Association; (j) less than 1,200 pounds of infectious waste per day, as defined in Section 25117.5 of the Health and Safety Code, on hospital sites; (k) chemicals and fuels as part of firefighter training; (I) exclusively conducts open burns of explosives subject to the requirements of the local or regional air pollution control district and in compliance with OSHA and Cal-OSHA regulations; or (m) exclusively conducts onsite burning of less than 3,000 pounds per day of fumes directly from a manufacturing or commercial process. Such projects are not exempt from the other requirements of CEQA,the State Guidelines, or these Local Guidelines. This section does not apply to any project over which the State Energy Resources Conservation and Development Commission has assumed jurisdiction per Health and Safety Code Section 25500, et semc. SACTOVTB\22869\CITY\2005 5-6 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study 5.10 DEVELOPMENT PURSUANT TO AN EXISTING COMMUNITY PLAN AND EIR Before preparing a CEQA document, Staff should determine whether the proposed project involves development consistent with an earlier zoning or community plan to accommodate a particular density for which an EIR has been certified. If an earlier EIR for the zoning or planning action has been certified, and if the proposed project is approval of a subdivision map or development, CEQA applies only to the extent the project raises environmental effects peculiar to the parcel which were not addressed in the earlier EIR. Off-site and cumulative effects not discussed in the general plan EIR must still be considered. Mitigation measures set out in the earlier EIR should be implemented at this stage. Environmental effects shall not be considered peculiar to the parcel if uniformly applied development policies or standards have been previously adopted by a city or county with a finding based on substantial evidence that the policy or standard will substantially mitigate the environmental effect when applied to future projects. Any rezoning action consistent with the Community Plan shall be subject to exemption from CEQA in accordance with this section. "Community Plan" means part of a city's general plan which: (1) applies to a defined geographic portion of the total area included in the general plan, (2) complies with Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code by referencing each of the mandatory elements specified in Government Code Section 65302, and (3) contains specific development policies adopted for the area in the Community Plan and identifies measures to implement those policies, so that the policies which will apply to each parcel can be determined. 5.11 LAND USE POLICIES. When a project will amend a general plan or another land use policy, the Initial Study must address how the change in policy and its expected direct and indirect effects will affect the environment. When the amendments constitute substantial changes in policies that result in a significant impact on the environment, an EIR may be required. 5.12 EVALUATING IMPACTS ON HISTORICAL RESOURCES. Projects that may cause a substantial adverse change in the significance of a historical resource, as defined in Guidelines Section 10.21, are projects that may have a significant effect on the environment, thus requiring consideration under CEQA. Particular attention and care should be given when considering such projects, especially projects involving the demolition of a historical resource, since such demolitions have been determined to cause a significant effect on the environment. Substantial adverse change in the significance of a historical resource means physical demolition, destruction, relocation or alteration of the resource or its immediate surroundings, such that the significance of a historical resource would be materially impaired. SACTOVTB\22869\CITY\2005 5_7 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study The significance of a historical resource is materially impaired when a project: (a) Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its inclusion in, or eligibility for inclusion in,the California Register of Historical Resources; (b) Demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources or its identification in a historical resources survey, unless the lead agency establishes by a preponderance of evidence that the resource is not historically or culturally significant; or (c) Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its eligibility for inclusion in the California Register of Historical Resources as determined by the lead agency for purposes of CEQA. Generally, a project that follows either one of the following sets of standards and guidelines will be considered mitigated to a level of less than significance: (a) the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings; or (b) the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995),Weeks and Grimmer. In the event of an accidental discovery of a possible historical resource during construction of the project, the City may provide for the evaluation of the fmd by a qualified archaeologist or other professional. If the find is determined to be a historical resource, the City should take appropriate steps to implement appropriate avoidance or mitigation measures. Work on non-affected portions of the project, as determined by the City, may continue during the process. Curation may be an appropriate mitigation measure for an artifact that must be removed during project excavation or testing. 5.13 EVALUATING IMPACTS ON ARCHAEOLOGICAL SITES. When a project will impact an archaeological site, the City shall first determine whether the site is a historical resource, as defined in Guidelines Section 10.21. If the archaeological site is a historical resource, it shall be treated and evaluated as such, and not as an archaeological resource. If the archaeological site does not meet the definition of a historical resource, but does meet the definition of a unique archaeological resource set forth in Section 21083.2 of the Public Resources Code, the site shall be treated in accordance with said provisions of the Public Resources Code. The time and cost limitations described in Section 21083.2(c-f) do not apply to surveys and site evaluation activities intended to determine whether the project site contains unique archaeological resources. If the archaeological resource is neither a unique archaeological resource nor a historical resource, the effects of the project on those resources shall not be considered a significant effect on the environment. It shall be sufficient that both the resource and the effect on it are noted in the Initial Study or EIR, if one is prepared to address impacts on other resources, but they need not be considered further in the CEQA process. SACTOUTB\22869\CITY\2005 5-8 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study In the event of an accidental discovery of a possible unique archaeological resource during construction of the project, the City may provide for the evaluation of the fmd by a qualified archaeologist. If the fmd is determined to be a unique archaeological resource, the City should take appropriate steps to implement appropriate avoidance or mitigation measures. Work on non-affected portions of the project, as determined by the City, may continue during the process. Curation may be an appropriate mitigation measure for an artifact that must be removed during project excavation or testing. When an initial study identifies the existence of, or the probable likelihood of, Native American human remains within the Project, the City shall comply with the provisions of State CEQA Guidelines Section 15064.5(d). In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall comply with the provisions of State CEQA Guidelines Section 15064.5(e). 5.14 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS. (a) Projects Subject to Consultation Requirements. This section applies only when a project involves one of the following: (1) Over 500 homes; (2) Shopping centers or businesses with over 1,000 employees or 500,000 square feet of floor space; (3) Commercial office buildings with over 1,000 employees or 250,000 square feet of floor space; (4) Hotels or motels with more than 500 rooms; (5) Industrial, manufacturing or processing plants which will house more than 1,000 persons, occupy more than 40 acres of land or have more than 650,000 square feet of floor space; (6) Mixed-use projects that include one or more of their projects specified in this section; (7) Projects that would demand at least as much water as a 500 dwelling unit project; or (8) If a public water system has fewer than 5,000 connections, then this section applies to any proposed residential, business, commercial, hotel or motel, or industrial development that would increase the public water system's number of service connections by 10% or more, or any mixed-use project that would increase water demand by an amount equivalent to a 10% increase in service connections. (b) Water Supply Assessment. When the City determines what type of environmental document will be prepared for a project, the City must identify any public water system that may supply water for the project and request that the public water system prepare a specified water supply assessment. For purposes of this section,any system that provides water to 3,000 or more service connections qualifies as a SACTOVTB\22869\CITY\2005 5-9 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study public water system. The assessment must include identification of existing water supply entitlements, water rights, or water service contracts relevant to the water supply for the proposed project and water received in prior years pursuant to those entitlements, rights, and contracts. If the public water system concludes that the water supply is, or will be, insufficient, it must submit plans for acquiring additional water supplies. If a city is unable to identify any public water system that may supply water for the project, the City must prepare the water supply assessment itself. The City must include the water supply assessment (prepared by the public water system or itself) in any environmental document prepared for the project. For complete information on these requirements, consult Water Code Sections 10910,et seq. 5.15 SUBDIVISIONS WITH MORE THAN 500 DWELLING UNITS. The City and its advisory agencies are prohibited from approving a tentative map, parcel map for which a tentative map was not required, or a development agreement for a subdivision of property of more than 500 dwellings units, unless: (1) The City Council or the advisory agency receives written verification from the applicable public water system that a sufficient water supply is available; or (2) Under certain circumstances, the City Council or the advisory agency makes a specified finding that sufficient water supplies are, or will be, available prior to completion of the project. As a result, the City should obtain written verification as described above during the Initial Study phase of the CEQA process for any proposed residential development of more than 500 dwelling units. For complete information on these requirements, consult Government Code Section 66473.7. 5.16 IMPACTS TO OAK WOODLANDS. When a county prepares an Initial Study to determine what type of environmental document will be prepared for a project within its jurisdiction, the county must determine whether the project may result in a conversion of oak woodlands that will have a significant effect on the environment. Normally,this rule does not apply to projects undertaken by the City. However, if the City is a Responsible Agency on such a project, the City should endeavor to ensure that the county, as Lead Agency, analyzes these impacts in accordance with CEQA. 5.17 ENVIRONMENTAL IMPACT ASSESSMENT. The job of the Initial Study is to identify which environmental impacts may be significant. Based upon the Initial Study, Staff shall determine whether a proposed project may or will have a significant effect on the environment. Such determination shall be made in writing on the Environmental Impact Assessment Form (Form "C"). If Staff finds that a project will not have a significant effect on the environment, it shall recommend that a Negative Declaration be prepared and adopted by the decisionmaking body. If Staff finds that a project may have a significant effect on the environment, but the effects can be mitigated to a level of insignificance, it shall recommend that a Mitigated Negative Declaration be prepared and adopted by the decisionmaking body. If Staff finds that a project may have a significant effect on the SACTOUTB\22869\CITY\2005 5-10 ©2005 Best Best&Krieger LLP •.._ Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study environment, it shall recommend that an EIR be prepared and certified by the decisionmaking body. 5.18 FINAL DETERMINATION. The City Council shall have the final responsibility for determining whether an EIR, Negative Declaration or Mitigated Negative Declaration shall be required for any project. The City Council's determination shall be fmal and conclusive on all persons, including Responsible Agencies and Trustee Agencies, except as provided in Section 15050(c)of the State Guidelines. SACTOUTB\22869\CITY\2005 5-11 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration 6. NEGATIVE DECLARATION 6.01 DECISION To PREPARE A NEGATIVE DECLARATION. A Negative Declaration (Form "E") shall be prepared for a project subject to CEQA when the Initial Study shows that there is no substantial evidence in light of the whole record that the project may have a significant or potentially significant adverse effect on the environment. (See Guidelines Sections 10.43 and 10.48.) 6.02 DECISION TO PREPARE A MITIGATED NEGATIVE DECLARATION. A Mitigated Negative Declaration (Form "E") shall be prepared for a project subject to CEQA when the Initial Study identifies potentially significant effects on the environment, but: (a) The project applicant has agreed to revise the project or the City can revise the project to avoid these significant effects or to mitigate the effects to a point where it is clear that no significant effects would occur and (b) There is no substantial evidence in light of the whole record before the City that the revised project may have a significant effect. If an applicant proposes mitigation measures, the project plans must be revised to incorporate these mitigation measures before the proposed Negative Declaration is released for public review. It is insufficient to require an applicant to adopt mitigation measures after final adoption of the Negative Declaration or to state that mitigation measures will be recommended on the basis of a future study. The City must know the measures at the time the Negative Declaration is adopted in order for them to be evaluated and accepted as adequate mitigation. Evidence of agreement by the applicant to such mitigation should be in the record prior to public review. Except where noted, the procedural requirements for the preparation and approval of a Negative Declaration and Mitigated Negative Declaration are the same. 6.03 CONTRACTING FOR PREPARATION OF NEGATIVE DECLARATION. The City, when acting as Lead Agency, is responsible for preparing all documents required pursuant to CEQA. The documents may be prepared by Staff or by private consultants pursuant to a contract with the City, but they must be the City's product and reflect the independent judgment of the City. 6.04 NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. When, based upon the Initial Study, it is recommended to the decisionmaking body that a Negative Declaration or Mitigated Negative Declaration be adopted, a Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (Form "D") shall be provided to the public, to all Responsible Agencies and to every other public agency with jurisdiction by law over resources affected by the project. The Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (Form "D") must be provided at least twenty (20) days, or, in cases subject to review by the State Clearinghouse, at least thirty (30) days, before the final adoption of the Negative Declaration or Mitigated Negative Declaration by the decisionmaking SACTOUTB\22869\CITY\2005 6-1 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration body. The Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration shall be mailed to the last known name and address of all organizations and individuals who have previously filed a written request with the City. A copy of the proposed Negative Declaration or Mitigated Negative Declaration and the Initial Study shall be attached to the Notice of Intent to Adopt that is sent to every Responsible Agency and Trustee Agency concerned with the project and every other public agency with jurisdiction by law over resources affected by the project. The City may charge a fee for this service, except to other public agencies. The City may require requests for notices to be renewed annually. If the documents are submitted to the State Clearinghouse for circulation, the public review period shall be at least as long as the period of review by the State Clearinghouse. (See Guidelines Section 6.06.) If the City is submitting a Negative Declaration or Mitigated Negative Declaration to the State Clearinghouse, the Notice of Completion form may be used. The Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration shall contain the following information: (a) The period during which comments shall be received. (b) The date,time and place of any public meetings or hearings on the proposed project. (c) A brief description of the proposed project and its location. (d) The address where copies of the proposed Negative Declaration or Mitigated Negative Declaration and all documents referenced in the proposed Negative Declaration or Mitigated Negative Declaration are available for review. (e) The Environmental Protection Agency ("EPA") list on which the proposed project site is located, if applicable, and the corresponding information from the applicant's statement. (See Guidelines Section 2.04.) (f) The significant effects on the environment, if any, anticipated as a result of the proposed project. The proposed Negative Declaration or Mitigated Negative Declaration and Initial Study must reflect the independent judgment of the City. 6.05 POSTING AND PUBLICATION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. The City shall have a copy of the Notice of Intent to Adopt, the Draft Negative Declaration or Mitigated Negative Declaration and the Initial Study posted at the City's offices and made available for public inspection. The Notice must be provided either twenty (20) or thirty (30) days prior to final adoption of the Negative Declaration or Mitigated Negative Declaration: Negative Declarations prepared for projects subject to State Clearinghouse review must be circulated for at least thirty (30) days, while all other Negative Declarations must be circulated for at least twenty(20)days. The Notice must also be posted in the office of the Clerk in each county in which the Project is located and must remain posted for a minimum of twenty (20) days, unless otherwise required by law to be posted for thirty (30) days. The Clerk shall post the Notice within twenty- four(24)hours of receipt. SACTOUTB\22869\CITY\2005 C-2 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration As stated in Guidelines Section 6.04, notice shall be given by mail to the last known name and address of all organizations and individuals who have previously requested such notice. In addition, it must be given by at least one of the following procedures: (a) Publication at least once in a newspaper of general circulation in the area affected by the proposed project. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas; (b) Posting of notice on and off site in the area where the project is to be located; or (c) Direct mailing to owners and occupants of property contiguous to the project, as shown on the latest equalized assessment roll. The City shall consider all comments received during the public review period for the Negative Declaration or Mitigated Negative Declaration. Comments submitted via email shall be treated as written comments for all purposes. Comments sent to the public agency via email are deemed received when they actually arrive in an email account of a staff person who has been designated or identified as the point of contact for a particular project. The City is not required to respond in writing to comments it receives either during or after the public review period. However, the City may want to provide a written response to all comments if it will not delay action on the Negative Declaration or Mitigated Negative Declaration, since any comment received prior to final action on the Negative Declaration or Mitigated Negative Declaration can form the basis of a legal challenge. A written response which refutes the comment or adequately explains the City's action in light of the comment will assist the City in defending against a legal challenge. The City shall notify any public agency which comments on a Negative Declaration or Mitigated Negative Declaration of the public hearing or hearings, if any, on the project for which the Negative Declaration or Mitigated Negative Declaration was prepared. 6.06 SUBMISSION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION To STATE CLEARINGHOUSE. A Negative Declaration or Mitigated Negative Declaration must be submitted to the State Clearinghouse for circulation in the following situations: (a) The Negative Declaration or Mitigated Negative Declaration is prepared by a Lead Agency that is a state agency. (b) The Negative Declaration or Mitigated Negative Declaration is prepared by a public agency where a state agency is a Responsible Agency, Trustee Agency, or otherwise has jurisdiction by law with respect to the project. (c) The Negative Declaration or Mitigated Negative Declaration is for a project identified in State Guidelines Section 15206 as being of statewide,regional, or areawide significance. State Guidelines Section 15206 identifies the following types of projects as being examples of projects of statewide,regional, or areawide significance which require submission to the State Clearinghouse for circulation: SACTOUTB1228691CITY12005 6-3 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration • Projects which have the potential for causing significant environmental effects beyond the city or county where the project would be located, such as: • Residential development of more than 500 units. • Commercial projects employing more than 1,000 persons or covering more than 500,000 square feet of floor space. • Office building projects employing more than 1,000 persons or covering more than 250,000 square feet of floor space. • Hotel or motel development of more than 500 rooms. • Industrial projects housing more than 1,000 persons, occupying more than 40 acres of land, or covering more than 650,000 square feet of floor area. • Projects for the cancellation of a Williamson Act contract covering more than 100 acres. • Projects in one of the following Environmentally Sensitive Areas: • Lake Tahoe Basin. • Santa Monica Mountains Zone. • Sacramento-San Joaquin River Delta. • Suisun Marsh. • Coastal Zone, as defined by the California Coastal Act. • Areas within one-quarter mile of a river designated as wild and scenic. • Areas within the jurisdiction of the San Francisco Bay Conservation and Development Commission. • Projects which would affect sensitive wildlife habitats or the habitats of any rare, threatened, or endangered species. • Projects which would interfere with water quality standards. • Projects which would provide housing,jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant. A Negative Declaration or Mitigated Negative Declaration may also be submitted to the State Clearinghouse for circulation if a state agency has special expertise with regard to the environmental impacts involved. When the Negative Declaration or Mitigated Negative Declaration is submitted to the State Clearinghouse for review, the public review period shall be at least thirty (30) days. When a Negative Declaration or Mitigated Negative Declaration is submitted to the State Clearinghouse, a Notice of Completion (Form "H") should be included as a cover sheet. A sufficient number of copies of the documents must be sent to the State Clearinghouse for circulation. Staff should contact the State Clearinghouse to find out the correct number of printed copies required for circulation. In addition to the printed copies, a copy of the documents in electronic format shall be submitted on a diskette or by electronic mail transmission if available. A shorter review period by the State Clearinghouse for a Negative Declaration or Mitigated Negative Declaration can be requested by the decisionmaking body. The shortened review period shall not be less than twenty(20)days. Such a request must be made in writing by the Lead Agency to the Office of Planning and Research. The decisionmaking body may designate by resolution or ordinance an individual authorized to request a shorter review period. Any approval of a shortened review period must be given prior to, and reflected in, the public notice. However, a shortened review period shall not be approved by the Office of Planning and SACTOUTB\22869\CITY\2005 6-4 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration Research for any proposed project of statewide,regional or areawide environmental significance, as defined by State Guidelines Section 15206. 6.07 SPECIAL NOTICE REQUIREMENTS FOR WASTE AND FUEL BURNING PROJECTS. For any waste burning project, as defined in Guidelines Section 5.09, Notice of Intent to Adopt a Negative Declaration (see Guidelines Section 6.04) shall be given to all organizations and individuals who have previously requested it and shall also be given by all three of the procedures listed in Guidelines Section 6.05. In addition,Notice shall be given by direct mailing to the owners and occupants of property within one-quarter mile of any parcel or parcels on which such a project is located. These notice requirements apply only to those projects described in Guidelines Section 5.08. These notice requirements do not preclude the City from providing additional notice by other means if desired. 6.08 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS. Under specific circumstances the City must consult with the public water system which will supply the project to determine whether it can adequately supply the water needed for the project. See Guidelines Section 5.15 for more information on these requirements. 6.09 CONTENT OF NEGATIVE DECLARATION. A Negative Declaration must be prepared directly by or under contract to the City and should generally resemble Form"E". It shall contain the following information: (a) A brief description of the project proposed, including any commonly used name for the project, if any. (b) The location of the project and the name of the project proponent. (c) A finding that the project as proposed will not have a significant effect on the environment. (d) An attached copy of the Initial Study documenting reasons to support the finding. (e) For a Mitigated Negative Declaration, feasible mitigation measures included in the project to substantially lessen or avoid potentially significant effects,which must be fully enforceable through permit conditions, agreements, or other measures. Such permit conditions, agreements, and measures must be consistent with applicable constitutional requirements such as the "nexus" and "rough proportionality" standards established by case law. 6.10 ADOPTION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. Following the publication, posting or mailing of the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration, but in no event sooner than the expiration of the applicable twenty (20) or thirty (30) day public review period, the Negative Declaration or Mitigated Negative Declaration may be presented to the decisionmaking body at a regular or special meeting. Prior to adoption, the City shall independently review and analyze the Negative SACTOUTB\22869\CITY\2005 C-5 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration Declaration or Mitigated Negative Declaration and find that the Negative Declaration or Mitigated Negative Declaration reflects the independent judgment of the City. If the decisionmaking body finds that the project will not have a significant effect on the environment, it shall adopt the Negative Declaration or Mitigated Negative Declaration. When adopting the Negative Declaration or Mitigated Negative Declaration, the City shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which it based its decision. If the decisionmaking body finds that the proposed project may have a significant effect on the environment that cannot be mitigated or avoided, it shall order the preparation of a Draft EIR and the filing of a Notice of Preparation of a Draft EIR. Recirculation should be considered if substantial new mitigation is added after public review(see Guidelines Section 6.13). 6.11 MITIGATION REPORTING OR MONITORING PROGRAM FOR MITIGATED NEGATIVE DECLARATION. When adopting a Mitigated Negative Declaration pursuant to Guidelines Section 6.10, the City shall adopt a reporting or monitoring program to assure that mitigation measures which are required to mitigate or avoid significant effects on the environment will be fully enforceable through permit conditions, agreements, or other measures and implemented by the project proponent or other responsible party in a timely manner, in accordance with conditions of project approval. The City shall also specify the location and the custodian of the documents which constitute the record of proceedings upon which it based its decision. There is no requirement that the reporting or monitoring program be circulated for public review; however, the City may choose to circulate it for public comments along with the Negative Declaration. The mitigation measures required to mitigate or avoid significant effects on the environment must be adopted as conditions of project approval. This reporting or monitoring program shall be designed to assure compliance during the implementation or construction of a project and shall otherwise comply with the requirements described in Guidelines Section 7.32. If a Responsible Agency or Trustee Agency has required that certain conditions be incorporated into the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. The City shall also require that prior to the close of the public review period for a Mitigated Negative Declaration (see Guidelines Section 6.04), the Responsible or Trustee Agency submit detailed performance objectives for mitigation measures, or refer the City to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures which mitigate impacts to resources which are within the Responsible or Trustee Agency's authority. Local agencies have the authority to levy fees sufficient to pay for this program. Therefore, the City can charge the project proponent a fee to cover actual costs of program processing and implementation. Transportation information resulting from the reporting or monitoring program required to be adopted by the City shall be submitted to the regional transportation planning agency where the project is located and to the Department of Transportation for a project of statewide, regional SACTOUTB\22869\CITY\2005 6_6 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration or areawide significance according to State Guidelines Section 15206. The transportation planning agency and the Department of Transportation are required by law to adopt guidelines for the submittal of these reporting or monitoring programs, so the City may wish to tailor its submittal to such guidelines. 6.12 APPROVAL OR DISAPPROVAL OF PROJECT. At the time of adoption of a Negative Declaration or Mitigated Negative Declaration,the decisionmaking body may consider the project for purposes of approval or disapproval. Prior to approving the project, the decisionmaking body shall consider the Negative Declaration or Mitigated Negative Declaration, together with any written comments received and considered during the public review period, and shall approve or disapprove the Negative Declaration or Mitigated Negative Declaration. In making a fording as to whether there is any substantial evidence that the project will have a significant effect on the environment, the factors listed in Guidelines Section 5.08 should be considered. (See Guidelines Section 7.30 for approval requirements for facilities which may emit hazardous pollutants or which may handle extremely hazardous substances within one-quarter mile of a school site.) 6.13 RECIRCULATION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. A Negative Declaration or Mitigated Negative Declaration must be recirculated when the document must be substantially revised after the public review period but prior to its adoption. A"substantial revision" is defined as a new and avoidable significant effect for which mitigation measures or project revisions must be added in order to reduce the effect to a level of insignificance. A "substantial revision" can also include when the City determines that the proposed mitigation measures or project revisions will not reduce the potential effects to less than significant and new measures or revisions must be required. Recirculation is not required under the following circumstances: (a) Mitigation measures are replaced with equal or more effective measures, and the City makes a fording to that effect. (b) New project revisions are added after circulation of the Negative Declaration or Mitigated Negative Declaration or in response to written or oral comments on the project's effects,but the revisions do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect. (c) Measures or conditions of project approval are added after circulation of the Negative Declaration or Mitigated Negative Declaration, but the measures or conditions are not required by CEQA, do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect. (d) New information is added to the Negative Declaration or Mitigated Declaration which merely clarifies, amplifies, or makes insignificant modifications to the Negative Declaration or Mitigated Negative Declaration. If, after preparation of a Negative Declaration or Mitigated Negative Declaration, the City determines that the project requires an EIR, it shall circulate the Draft EIR for consultation SACTOUTB\22869\CrrY\2005 C-7 02005 Best Best&Krieger LLP r - Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration and review and advise reviewers in writing that a proposed Negative Declaration or Mitigated Declaration had previously been circulated for the project. 6.14 NOTICE OF DETERMINATION ON A PROJECT FOR WHICH A PROPOSED NEGATIVE OR MITIGATED NEGATIVE DECLARATION HAS BEEN APPROVED. Following consideration and approval of a project for which the City is Lead Agency, the decisionmaking body shall order Staff to prepare and file a Notice of Determination (Form "F") which shall contain the following: (a) An identification of the project including the project title as identified on the proposed Negative Declaration, its location, and the State Clearinghouse identification number for the proposed Negative Declaration if the Notice of Determination is filed with the State Clearinghouse; (b) A brief description of the project; (c) The name of the City and the date on which the City approved the project; (d) The determination of the City that the project will not have a significant effect on the environment; (e) A statement that a Negative Declaration or Mitigated Negative Declaration was adopted pursuant to the provisions of CEQA; (f) A statement indicating whether mitigation measures were made a condition of the approval of the project, and whether a mitigation monitoring plan/program was adopted; and (g) The address where a copy of the Negative Declaration or Mitigated Negative Declaration may be examined. The Notice of Determination shall be filed with the Clerk of each county in which the project will be located within five (5)working days of project approval. The City is encouraged to make copies of filed notices available in electronic format on the Internet. Such electronic notices are in addition to the posting requirements of the CEQA Guidelines and the Public Resources Code. The Clerk must post the Notice of Determination within twenty-four (24) hours of receipt. The Notice must be posted in the office of the Clerk for a minimum of thirty (30) days. Thereafter, the Clerk shall return the notice to the City with a notation of the period it was posted. The City shall retain the notice for not less than twelve (12) months. If the project requires discretionary approval from any State agency, the Notice of Determination shall also be filed with the Office of Planning and Research within five (5) working days of project approval along with proof of payment of the California Department of Fish and Game fee or Certificate of Fee Exemption (see Guidelines Section 6.18). Simultaneously with the filing of the Notice of Determination with the Clerk, Staff shall cause a copy of the Notice of Determination to be posted at City Hall. When a request is made for a copy of the Notice prior to the date on which the City adopts the Negative Declaration,the copy must be mailed, first class postage prepaid,within five (5) days of the City's determination. If such a request is made following the City's determination, then the copy should be mailed in the same manner as soon as possible. The SACTOUTB\22869\CITY\2005 f-8 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration recipients of such documents may be charged a fee reasonably related to the cost of providing the service. For projects with more than one phase, Staff shall file a Notice of Determination for each phase requiring a discretionary approval. The filing and posting of a Notice of Determination with the Clerk, and, if necessary, with the Office of Planning and Research, usually starts a thirty(30) day statute of limitations on court challenges to the approval under CEQA. When separate notices are filed for successive phases of the same overall project, the thirty (30) day statute of limitation to challenge the subsequent phase begins to run when the second notice is filed. Failure to file the Notice results in a one hundred eighty(180)day statute of limitations. 6.15 ADDENDUM To NEGATIVE DECLARATION. The City may prepare an addendum to an adopted Negative Declaration if only minor technical changes or additions are necessary. The City may also prepare an addendum to an adopted negative declaration when none of the conditions calling for a subsequent negative declaration have occurred. (See Guidelines Section 6.16 below.) An addendum need not be circulated for public review but can be attached to the adopted Negative Declaration. The City shall consider the addendum with the adopted Negative Declaration prior to project approval. 6.16 SUBSEQUENT NEGATIVE DECLARATION. When a Negative Declaration has been adopted for a project, or when an EIR has been certified, a subsequent Negative Declaration or EIR must be prepared in the following instances: (a) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (c) New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or the Negative Declaration was adopted which shows any of the following: (1) The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; (2) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (3) Mitigation measure(s) or altemative(s) previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents declined to adopt the mitigation measure(s)or alternative(s); or SACTOUT8\22869\CITY\2005 6-9 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration (4) Mitigation measure(s) or alternative(s) which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure(s) or alternative(s). The City as Lead Agency would then determine whether a Subsequent EIR, Supplemental EIR, Negative Declaration or Addendum would be applicable. Subsequent Negative Declarations must be given the same notice and public review period as other Negative Declarations. The Subsequent Negative Declaration shall state where the previous document is available and can be reviewed. 6.17 PRIVATE PROJECT COSTS. For private projects, the person or entity proposing to carry out the project shall bear all costs incurred by the City in preparing the Initial Study and in preparing and filing the Negative Declaration and Notice of Determination. 6.18 FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES. At the time a Notice of Determination for a Negative Declaration is filed with the Clerk, a fee of $1,250 shall be paid to the Clerk for projects which will adversely affect fish and wildlife resources. These fees are collected by the Clerk on behalf of the California Department of Fish and Game("DFG"). Only one filing fee is required for each project unless the project is tiered or phased and separate environmental documents are prepared. For projects where a Lead Agency and Responsible Agencies file separate Notices of Determination, only the Lead Agency is required to pay the fee. Note: The Clerk customarily charges a documentary handling fee for each project in addition to the filing fee specified above. Refer to the Index in the Staff Summary to help determine the correct amount. For private projects,the City shall pass these costs on to the project applicant. No fees are required for projects with a "de minimis" effect on fish and wildlife resources, or for certain projects undertaken by the DFG and implemented through a contract with a non-profit entity or local government agency. A project with a"de minimis"effect has no potential for adverse effect on fish and wildlife. This is an important exception. DFG considers the following projects as likely to have "de minimis" effects on fish and wildlife, depending on the specific facts of each project: (1) Projects which enhance fish and wildlife and their habitats and result in no accompanying adverse impacts to fish or wildlife; (2) Lot line adjustments; (3) Building remodeling; (4) Annexations; (5) Redevelopment on existing urban subdivisions with no wildlife habitat; SACTOUTB\22869\CITY\2005 C-10 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration (6) Infill of undeveloped urban lots; or (7) Adoption of a General Plan, where CEQA requires a subsequent discretionary project approval before any physical change to natural habitat is permitted. If the City believes that a project will have a"de minimis" effect on wildlife resources, it should file the Certificate of Fee Exemption attached as Form "L". This form requires the City to set forth facts in support of the fee exemption. These facts should include: (1) the name and address of the project proponent; (2) a brief description of the project and its location; (3) a statement that an Initial Study has been prepared by the City to evaluate the project's effects on wildlife resources, if any; (4) a declaration that there is no evidence before the City that the project will have any potential for adverse effect on wildlife resources; and (5) a declaration that the City has, on the basis of substantial evidence, "rebutted" the presumption of adverse effect contained in the regulations. A presumption of adverse effect occurs if the project has the potential for adverse effects on the fish and wildlife resources as listed on Form "L". To rebut the presumption of adverse effect, the City should explain in the declaration why the project would not have an adverse impact on fish and wildlife and reference any supporting evidence. These findings should be made at the time of approval of the Negative Declaration and attached to Form "L" when submitted to the County. Two copies of this form must be filed with the Notice of Determination in order to obtain the fee exemption. If the City believes that a project has been undertaken by the DFG,that the project's costs are payable from one or more of the sources indicated in the Fish and Game Code, and that the project is being implemented through a contract with a non-profit entity or a local government agency, the DFG filing fee does not apply. Since the DFG has not yet adopted regulations to govern this exemption, including a new "Certificate of Fee Exemption," the City may wish to use Form"L"and make appropriate modifications to reflect this exemption. SACTOUTB\22869\CrrY\2005 6-11 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report 7. ENVIRONMENTAL IMPACT REPORT 7.01 DECISION TO PREPARE AN EIR. An EIR shall be prepared whenever there is substantial evidence in light of the whole record which supports a fair argument that a project may have a significant effect on the environment. (See Guidelines Sections 10.43 and 10.48.) The record may include the Initial Study or other documents or studies prepared to assess the project's environmental impacts. 7.02 CONTRACTING FOR PREPARATION OF EIRS. If a Draft EIR, EIR or Focused EIR is prepared under a contract to the City, the contract must be executed within forty-five (45) days from the date on which the City sends a Notice of Preparation. The City may take longer to execute the contract if the project applicant and the City mutually agree to an extension of the 45-day time limit. The Draft EIR, EIR or Focused EIR prepared under contract must be the City's product. Staff, together with such consultant help as may be required, shall independently review and analyze the Draft EIR, EIR or Focused EIR to verify its accuracy, objectivity and completeness prior to presenting it to the decisionmaking body. The Draft EIR, EIR or Focused EIR made available for public review must reflect the independent judgment of the City. Staff may require such information and data from the person or entity proposing to carry out the project as it deems necessary for completion of the Draft EIR,OR or Focused EIR. 7.03 NOTICE OF PREPARATION OF DRAFT EIR After Staff determines that an EIR will be required for a proposed project, the City as Lead Agency shall prepare and send a Notice of Preparation (Form "G") to each Responsible Agency and Trustee Agency involved with the project, as well as the Office of Planning and Research. When submitting the Notice of Preparation to the Office of Planning and Research, a Notice of Completion (Form "H") should be used as a cover sheet. Responsible and Trustee Agencies, the State Clearinghouse, and the state agencies contacted by the State Clearinghouse have thirty (30) days to respond to the Notice of Preparation. Agencies that do not respond within thirty (30) days shall be deemed not to have any comments on the Notice of Preparation. The City shall send copies of the Notice of Preparation by certified mail or any other method of transmittal which provides it with a record that the Notice was received. The Notice must also be posted in the office of the Clerk in each county in which the project is located for thirty (30) days. The Clerk shall post the Notice within twenty-four(24)hours of receipt. At a minimum,the Notice of Preparation shall include: (a) A description of the project; (b) The location of the project indicated either on an attached map (preferably a copy of the USGS 15' or 7%' topographical map identified by quadrangle name) or by a street address and cross street in an urbanized area; (c) The probable environmental effects of the project; (d) The name and address of the consulting firm retained to prepare the Draft EIR, if applicable; and SACTOUTB\22869\CITY\2005 7-1 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report (e) The Environmental Protection Agency("EPA") list on which the proposed site is located, if applicable, and the corresponding information from the applicant's statement. (See Guidelines Section 2.04.) 7.04 PREPARATION OF DRAFT EIR. The City as Lead Agency is responsible for preparing a Draft EIR and may begin preparation immediately without awaiting responses to the Notice of Preparation. However, information communicated to the City not later than thirty (30) days after receipt of the City's Notice of Preparation shall be included in the Draft EIR. 7.05 CONSULTATION WITH OTHER AGENCIES AND PERSONS. To expedite consultation in response to the Notice of Preparation, the City as Lead Agency, a Responsible Agency, or a project applicant may request a meeting among the agencies involved to assist the City in determining the scope and content of the environmental information that Responsible Agencies may require. The City must convene the meeting as soon as possible but no later than 30 days after the request. Prior to completion of the Draft EIR, the City shall consult with each Responsible Agency and any public agency which has jurisdiction by law over the project. The City may fulfill this obligation by soliciting the comments of the Responsible Agency(ies) and any other affected agencies on the City's Notice of Preparation. The City shall also consult with any city or county which borders the project or within which the project is located, unless otherwise designated annually by agreement between the City and any other city or county. The City may also consult with any individual who has special expertise with respect to any environmental impacts involved with a project. The City may also consult directly with any person or organization it believes will be concerned with the environmental effects of the project including any interested individuals and organizations of which the City is reasonably aware. The purpose of this consultation is to "scope" the EIR's range of analysis. When a Negative Declaration or Mitigated Negative Declaration will be prepared for a project, no scoping meeting need be held, although the City may hold one if it so chooses. The City as Lead Agency may charge and collect from the applicant a fee not to exceed the actual cost of the consultations. For a project of"statewide,regional or areawide significance,"as defined in State CEQA Guidelines Section 15206, the City shall hold at least one scoping meeting. Likewise, for a project that may affect highways or other facilities under the jurisdiction of the State Department of Transportation, the City shall hold a scoping meeting if requested to do so by the Department of Transportation. The City shall provide notice of the scoping meeting to: (a) Any county or city that borders on the City within which the project is located, unless the City has a specific agreement to the contrary with that county or city; (b) Any Responsible Agency; (c) Any public agency that has jurisdiction by law over the project; and (d) Any organization or individual who has filed a written request for the notice. SACTOUTB\22869\CITY\2005 7.2 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report A Responsible Agency or other public agency shall only make comments regarding those activities within its area of expertise or which are required to be carried out or approved by it. These comments must be supported by specific documentation. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures which mitigate impacts to resources which are within the Responsible or Trustee Agency's authority. For projects where federal involvement might require preparation of an Environmental Impact Statement ("EIS") under the National Environmental Policy Act ("NEPA"), the City as Lead Agency shall consult with the appropriate federal agencies as provided in Section 15110 and Sections 15220- 15228 of the State Guidelines. In addition, the City shall notify the appropriate federal agencies regarding any scoping meetings for proposed projects that require preparation of an EIS. 7.06 EARLY CONSULTATION ON PROJECTS INVOLVING PERMIT ISSUANCE. Where the project involves issuance of a lease, permit, license, certificate or other entitlement for use by one or more public agencies, the City, upon request of the applicant, shall meet with the applicant prior to the filing of the application regarding the range of actions, potential alternatives, mitigation measures and significant effects to be analyzed in depth in the EIR. The City may also consult with concerned persons identified by the applicant and persons who have made written requests to be consulted. Such requests must be made not later than thirty(30) days after the City's decision to prepare an EIR. 7.07 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS. Under specific circumstances, the City must consult with the public water system which will supply the project to determine whether it can adequately supply the water needed for the project. See Guidelines Section 5.15 for more information on these requirements. 7.08 AIRPORT LAND USE PLAN. When the City prepares an EIR for a project within the boundaries of a comprehensive airport land use plan or, if such a plan has not been adopted for a project within two (2) nautical miles of a public airport or public use airport, the City shall utilize the Airport Land Use Planning Handbook published by CalTrans' Division of Aeronautics to assist in the preparation of the EIR relative to potential airport or related safety hazards and noise problems. 7.09 GENERAL ASPECTS OF AN EIR. Both a Draft and Final EIR must contain the information outlined in Guidelines Section 7.13. Each element must be covered, and when elements are not separated into distinct sections, the document must state where in the document each element is covered. The body of the EIR shall include summarized technical data,maps, diagrams and similar relevant information. Highly technical and specialized analyses and data should be included in appendices. Appendices may be prepared in separate volumes, but must be equally available to the public for examination. All documents used in preparation of the EIR must be referenced. SACTOUTB\22869\CITY\2005 7-3 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report An EIR shall not include "trade secrets," locations of archaeological sites and sacred lands, or any other information subject to the disclosure restrictions of the Public Records Act (Government Code Section 6250, et sec.). The EIR should discuss environmental effects in proportion to their severity and probability of occurrence. Effects dismissed in the Initial Study as clearly insignificant and unlikely to occur need not be discussed. The Initial Study should be used to focus the EIR so that the EIR identifies and discusses only the specific environmental problems or aspects of the project which have been identified as potentially significant or important. A copy of the Initial Study shall be attached to the EIR to provide a basis for limiting the impacts discussed. The EIR shall contain a statement briefly indicating the reason for determining that various effects of a project that could possibly be considered significant were not found to be significant and consequently were not discussed in detail in the EIR. The City should also note any conclusion by it that a particular impact is too speculative for evaluation. The EIR should omit unnecessary descriptions of projects and emphasize feasible mitigation measures and alternatives to projects. 7.10 USE OF REGISTERED CONSULTANTS IN PREPARING EIRS. An EIR is not a technical document that can be prepared only by a registered consultant or professional. However, state statutes may provide that only registered professionals can prepare certain technical studies which will be used in or which will control the detailed design, construction, or operation of the proposed project and which will be prepared in support of an EIR. 7.11 INCORPORATION BY REFERENCE. An EIR may incorporate by reference all or portions of another document which is a matter of public record or is generally available to the public. Any incorporated document shall be considered to be set forth in full as part of the text of the EIR. When all or part of another document is incorporated by reference, that document shall be made available to the public for inspection at the City's offices. The EIR shall state where incorporated documents will be available for inspection. When an EIR uses incorporation by reference, the incorporated part of the referenced document shall be briefly summarized, if possible, or briefly described if the data or information cannot be summarized. The relationship between the incorporated document and the EIR shall be described. When information from an EIR that has previously been reviewed through the state review system ("State Clearinghouse") is incorporated by the City, the state identification number of the incorporated document should be included in the summary or text of the EIR. SACTOUTB\22869\CITY\2005 7-4 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report 7.12 STANDARDS FOR ADEQUACY OF AN EIR. An EIR should be prepared with a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which takes into account the environmental consequences of the project. The evaluation of environmental effects need not be exhaustive, but must be within the scope of what is reasonably feasible. The EIR should be written and presented in such a way that it can be understood by governmental decision makers and members of the public. A good faith effort at completeness is necessary. The adequacy of an EIR is assessed in terms of what is reasonable in light of factors such as the magnitude of the project at issue, the severity of its likely environmental impacts, and the geographic scope of the project. CEQA does not require a Lead Agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commentors, but CEQA does require the Lead Agency to make a good faith, reasoned response to timely comments raising significant environmental issues. There is no need to unreasonably delay adoption of an EIR in order to include results of studies in progress, even if those studies will shed some additional light on subjects related to the project. 7.13 FORM AND CONTENT OF EIR. The text of the EIR should normally be less than 150 pages. For proposals of unusual scope or complexity, the EIR may be longer than 150 pages but should normally be less than 300 pages. The required contents of an EIR are set forth in Sections 15122 through 15132 of the State Guidelines. In brief,the EIR must contain: (a) A table of contents or an index. (b) A brief summary of the proposed project and its environmental impacts. (c) A description of the proposed project, including its underlying purpose and a list of permit and other approvals required to implement the project. (See Guidelines Section 7.17 regarding analysis of future project expansion.) (d) A description of the project's physical environmental conditions from both a local and regional perspective at the time the Notice of Preparation is published, or if no Notice of Preparation is published, at the time environmental analysis begins. (State Guidelines Section 15125.) This environmental setting will normally constitute the baseline physical conditions by which the City determines whether an impact is significant. However, the City may choose any baseline that is appropriate as long as the City's choice of baseline is supported by substantial evidence. (e) A discussion of any inconsistencies between the proposed project and applicable general and regional plans. (f) A description of the direct and indirect significant environmental impacts of the proposed project explaining which, if any, can be avoided or mitigated to a level of insignificance, indicating reasons that various possible significant effects were determined not to be significant and denoting any significant effects which are unavoidable or could not be mitigated to a level of insignificance. Direct and indirect significant effects shall be clearly identified and described, giving due consideration to both short-term and long- term effects. SACTOUTB\228691CITY\2005 7-5 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report (g) - An analysis of a range of alternatives to the proposed project which could feasibly attain the project's objectives as discussed in Guidelines Section 7.16. (h) A description of any significant in-eversible environmental changes which would be involved in the proposed action should it be implemented if, and only if,the EIR is being prepared in connection with: (1) The adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency; (2) The adoption by a Local Agency Formation Commission of a resolution making determinations; or (3) A project which will be subject to the requirement for preparing an Environmental Impact Statement pursuant to the National Environmental Policy Act. (i) An analysis of the growth-inducing impacts of the proposed action. The discussion should include ways in which the project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. (j) A discussion of any significant, reasonably anticipated future developments and the cumulative effects of all proposed and anticipated action as discussed in Guidelines Section 7.17. (k) In certain situations, a regional analysis should be completed for certain impacts, such as air quality. (I) A discussion of any economic or social effects, to the extent that they cause or may be used to determine significant environmental impacts. (m) A statement briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and, therefore, were not discussed in the EIR. (n) The identity of all federal, state or local agencies or 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. To the fullest extent possible, the City should integrate CEQA review with these related environmental review and consultation requirements. (o) A discussion of those potential effects of the proposed project on the environment which the City has determined are or may be significant. The discussion on other effects may be limited to a brief explanation as to why those effects are not potentially significant. (p) A description of feasible measures, as set forth in Guidelines Section 7.15, which could minimize significant adverse impacts. 7.14 ANALYSIS OF CUMULATIVE IMPACTS. An EIR must discuss cumulative impacts when the project's incremental effect is "cumulatively considerable" as defined in Guidelines Section 10.10. When the City is examining a project with an incremental effect that is not "cumulatively considerable," it need not consider that effect significant, but must briefly describe the basis for this conclusion. A project's contribution is less than cumulatively considerable if the project is required to implement or fund its fair share of a mitigation measure designed to alleviate the cumulative SACTOUTB\22869\CITY\2005 7-6 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report impact. The City must identify facts and analysis supporting its conclusion that the cumulative impact is less than significant. (a) A cumulative impact consists of an impact which is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts. An EIR should not discuss impacts which do not result in part from the project evaluated in the EIR. (b) The discussion of cumulative impacts in an EIR must focus on the cumulative impact to which the identified other projects contribute, rather than the attributes of other projects which do not contribute to the cumulative impact. The discussion of significant cumulative impacts must meet either of the following elements: (1) A list of past, present, and probable future projects causing related or cumulative impacts including, if necessary,those projects outside the control of the City; or (2) A summary of projections contained in an adopted general plan or related planning document, or in a prior environmental document that was adopted or certified, which described or evaluated regional or areawide conditions contributing to the cumulative impact. (c) When utilizing a list, as suggested above, factors to consider when determining whether to include a related project should include the nature of each environmental resource being examined and the location and type of project. Location may be important, for example, when water quality impacts are involved since projects outside the watershed would probably not contribute to a cumulative effect. Project type may be important, for example, when the impact is specialized, such as a particular air pollutant or mode of traffic. (d) The City should define the geographic scope of the area affected by the cumulative effect and provide a reasonable explanation for the geographic limitation used. (e) A cumulative impacts discussion contained in previously certified EIRs may be incorporated by reference pursuant to the provisions for tiering and program EIRs. 7.15 ANALYSIS OF MITIGATION MEASURES. The discussion of mitigation measures in an EIR must distinguish between measures proposed by project proponents and other measures proposed by Lead, Responsible or Trust Agencies. This discussion shall identify mitigation measures for each significant environmental effect identified in the EIR. Where several measures are available to mitigate an impact, each should be disclosed and the basis for selecting a particular measure should be identified. Formulation of mitigation measures should not be deferred until some future time. However, measures may specify performance standards which would mitigate the significant effects of the project and which may be accomplished in more than one specified way. If a mitigation measure would cause one or more significant effects in addition to those that would be caused by the project as proposed, the effects of the mitigation measure shall be disclosed but in less detail than the significant effects of the project itself. SACTOUTB\22869\CITY\2005 7_7 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report If a project includes a housing development, the City may not reduce the project's proposed number of housing units as a mitigation measure or project alternative if the City determines that there is another feasible specific mitigation measure or project alternative that would provide a comparable level of mitigation without reducing the number of housing units. Mitigation measures must be fully enforceable through permit conditions, agreements, or other legally binding instruments. In the case of the adoption of a plan, policy, regulating, or other public project, mitigation measures can be incorporated into the plan, policy, regulation, or project design. Mitigation measures must also be consistent with all applicable constitutional requirements such as the"nexus"and"rough proportionality"standards. Where maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of the historical resource will be conducted in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (1995), Weeks and Grimmer, the project's impact on the historical resource shall generally be considered mitigated below a level of significance and thus not significant. The City should, whenever feasible, seek to avoid damaging effects on any historical resource of an archaeological nature. The following factors must be considered and discussed in an EIR for a project involving an archaeological site: (a) Preservation in place is the preferred manner of mitigating impacts to archaeological sites. (b) Preservation in place may be accomplished by,but is not limited to,the following: (1) Planning construction to avoid archaeological sites; (2) Incorporation of sites within parks, green space, or other open spaces; (3) Covering the archaeological sites with a layer of chemically stable soil before building tennis courts, parking lots, or similar facilities on the site; (4) Deeding the site into a permanent conservation easement. When data recovery through excavation is the only feasible mitigation, a data recovery plan, which makes provision for adequately recovering the scientifically consequential information from and about the historical resource, shall be prepared and adopted prior to excavation. Such studies must be deposited with the California Historical Resources Regional Information Center. Data recovery shall not be required for a historical resource if the City determines that existing testing or studies have adequately recovered the scientifically consequential information from and about the archaeological or historical resource, provided that the determination is documented in the. EIR and that the studies are deposited with the California Historical Resources Regional Information Center. 7.16 ANALYSIS OF ALTERNATIVES IN AN EIR. The alternatives analysis must describe and evaluate the comparative merits of a range of reasonable alternatives to the project or to the location of the project which would feasibly attain SACTOVTB\22869\CITY\2005 7-8 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report most of the basic objectives of the project, but which would avoid or substantially lessen any of the significant effects of the project. An EIR need not consider every conceivable alternative to a project, and it need not consider alternatives which are infeasible. Rather, it must consider a reasonable range of potentially feasible alternatives that will foster informed decisionmaking and public participation. Purpose of the Alternatives Analysis: An EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment. For this reason, a discussion of alternatives must focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effect of the project, even if these alternatives would impede to some degree the attainment of the project objectives or would be more costly. Selection of a Range of Reasonable Alternatives: The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic purposes of the project and could avoid or substantially lessen one or more of the significant effects, even if those alternatives would be more costly or would impede to some degree the attainment of the project's objectives. The EIR should briefly describe the rationale for selecting the alternatives to be discussed. The EIR should also identify any alternatives that were considered by the City and rejected as infeasible during the scoping process, and briefly explain the reasons for rejection. Additional information explaining the choice of alternatives should be included in the administrative record. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (a) failure to meet most of the basic project objectives; (b)infeasibility; or(c)inability to avoid significant environmental impacts. Evaluation of Alternatives: The EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis and comparison with the proposed project. A matrix displaying the major characteristics and significant environmental effects of each alternative may be used to summarize the comparison. If an alternative would cause one or more significant effects in addition to those that would be caused by the project as proposed, the significant effects of the alternative shall be discussed but in less detail than the significant effects of the project as proposed. The Rule of Reason: The range of alternatives required in an EIR is governed by a"rule of reason" which courts have held means that an alternatives discussion must be reasonable in scope and content. Therefore, the EIR must set forth only those alternatives necessary to permit public participation, informed decisionmaking, and a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project. Of those alternatives, the EIR need examine in detail only the ones the City determines could feasibly attain most of the basic objectives of the project. An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote and speculative. Feasibility of Alternatives: The factors that may be taken into account when addressing the feasibility of alternatives include: site suitability; economic viability; availability of infrastructure; general plan consistency; other plans or regulatory limitations; jurisdictional boundaries (projects with a regionally significant impact should consider the regional context); and whether the proponent already owns the alternative site or can reasonably acquire, control or SACTOVTB\22869\CITY\2005 7_9 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report otherwise have access to the site. No one factor establishes a fixed limit on the scope of reasonable alternatives. Alternative Locations: The first step in the alternative location analysis is to determine whether any of the significant effects of the project could be avoided or substantially lessened by putting the project in another location. This is the key question in this analysis. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR. The second step in this analysis is to determine whether any of the alternative locations are feasible. If the City concludes that no feasible alternative locations exist, it must disclose its reasons, and it should include them in the EIR. Where a previous document has sufficiently analyzed a range of reasonable alternative locations and environmental impacts for a project with the same basic purpose, the City should review the previous document. To the extent the circumstances have remained substantially the same with respect to an alternative, the EIR may rely on the previous document to help it assess the feasibility of the potential project alternative. The "No Project" Alternative: The specific alternative of "no project" must be evaluated along with its impacts. The purpose of describing and analyzing the no project alternative is to allow decision makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. The no project alternative analysis, therefore, is normally not the baseline for determining whether the proposed project's environmental impacts may be significant. The no project alternative will be the baseline only if it is identical to the existing environmental setting and the City has chosen the existing environmental setting as the baseline. A discussion of the"no project"alternative should proceed along one of two lines: (a) When the project is the revision of an existing land use or regulatory plan, policy or ongoing operation, the "noproject" alternative will be the continuation of the existing plan, policy or operation into the future. Typically,this is a situation where other projects initiated under the existing plan will continue while the new plan is developed. Thus, the projected impacts of the proposed plan or alternative plans would be compared to the impacts that would occur under the existing plan; or (b) If the project is other than a land use or regulatory plan, for example a development project on identifiable property, the "no project" alternative is the circumstance under which the project does not proceed. This discussion would compare the environmental effects of the property remaining in its existing state against environmental effects which would occur if the project is approved. If disapproval of the project would result in predictable actions by others, such as the proposal of some other project, this "no project" consequence should be discussed. After defming the no project alternative, the City should proceed to analyze the impacts of the no project alternative by projecting what would reasonably be expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services. If the "no project" alternative is the SACTOUTB\22869\CITY\2005 7-1 0 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report environmentally superior alternative, the EIR must also identify another environmentally superior alternative among the remaining alternatives. Remote or Speculative Alternatives: An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote and speculative. 7.17 ANALYSIS OF FUTURE EXPANSION. An EIR must include an analysis of the environmental effects of future expansion (or other similar future modifications) if there is credible and substantial evidence that: (a) The future expansion or action is a reasonably foreseeable consequence of the initial project; and (b) The future expansion or action is likely to change the scope or nature of the initial project or its environmental effects. Absent these two circumstances, future expansion of a project need not be discussed. CEQA does not require speculative discussion of future development which is unspecific or uncertain. However, if future action is not considered now, it must be considered and environmentally evaluated before it is actually implemented. 7.18 NOTICE OF COMPLETION OF DRAFT EIR. Upon completion of a Draft EIR, Staff shall file a Notice of Completion (Form"H")with the Office of Planning and Research in a printed hard copy or in electronic form on a diskette or by electronic mail transmission. The City is encouraged to make copies of filed notices available in electronic format on the Internet. Such electronic postings are in addition to the procedures required by the CEQA Guidelines and the Public Resources Code. The Notice shall contain a brief description of the proposed project, the location of the proposed project, current land use, development type and project issues discussed in the EIR. The City shall provide public notice of the completion of a Draft EIR at the same time it sends a Notice of Completion to the Office of Planning and Research. The Notice of Availability of Draft EIR (Form "K") shall specify the period during which comments will be received on the Draft EIR, the date, time and place of any public hearings on the proposed project, a brief description of the project and its location, the significant effects on the environment, if any, anticipated as a result of the project, and the address where copies of the Draft EIR and all documents referenced in the Draft EIR are available for review. Public agencies are encouraged to make copies of filed Notices of Completion available in electronic format on the Internet. Notice shall be given to the last known name and address of all organizations and individuals who have previously requested it. In addition, notice shall be given by at least one of the following procedures: (a) Publication at least once in a newspaper of general circulation in the area affected by the proposed project. If more than one area will be affected, the notice shall be published in SACTOUTB122869\CITY\2005 7-1 1 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report the newspaper of largest circulation from among the newspapers of general circulation in those areas; (b) Posting of notice on and off site in the area where the project is to be located; or (c) Direct mailing to owners and occupants of property contiguous to the project, as identified on the latest equalized assessment roll. The Notice shall be posted in the office of the Clerk in each county in which the project is located for a period of thirty (30) days. The Clerk must post the Notice within twenty-four(24) hours of receipt. Notice shall be mailed to any person who has filed a written request with the City. The City may require these requests to be renewed annually and may charge a fee for the reasonable cost of providing this service. A project will not be invalidated due to a failure to send a requested notice provided there has been substantial compliance with these notice provisions. Copies of the Draft EIR shall also be made available at the City office for review by members of the general public. Any person obtaining a copy of the Draft EIR shall reimburse the City for the actual cost of its reproduction. Copies of the Draft EIR should also be furnished to appropriate public library systems. 7.19 SUBAHSSION OF DRAFT EIR To STATE CLEARINGHOUSE. A Draft EIR must be submitted to the State Clearinghouse for review by state agencies in the following situations: (a) The Draft EIR is prepared by a Lead Agency which is a state agency. (b) A state agency is a Responsible Agency, Trustee Agency, or otherwise has jurisdiction by law over resources potentially affected by the project. (c) The Draft EIR is for a project identified in State Guidelines Section 15206 as being of statewide,regional, or areawide significance. State Guidelines Section 15206 identifies the following types of projects as being examples of projects of statewide, regional, or areawide significance which require submission to the State Clearinghouse for circulation: • General plans, elements, or amendments for which an EIR was prepared. • Projects which have the potential for causing significant environmental effects beyond the city or county where the project would be located, such as: • Residential development of more than 500 units. • Commercial projects employing more than 1,000 persons or covering more than 500,000 square feet of floor space. • Office building projects employing more than 1,000 persons or covering more than 250,000 square feet of floor space. • Hotel or motel development of more than 500 rooms. • Industrial projects housing more than 1,000 persons, occupying more than 40 acres of land, or covering more than 650,000 square feet of floor area. • Projects for the cancellation of a Williamson Act contract covering more than 100 acres. SACTOUTB\22869\C1TY\2005 7-12 ®2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report • Projects in one of the following Environmentally Sensitive Areas: • Lake Tahoe Basin. • Santa Monica Mountains Zone. • Sacramento-San Joaquin River Delta. • Suisun Marsh. • Coastal Zone, as defined by the California Coastal Act. • Areas within one-quarter mile of a river designated as wild and scenic. • Areas within the jurisdiction of the San Francisco Bay Conservation and Development Commission. • Projects which would affect sensitive wildlife habitats or the habitats of any rare, threatened, or endangered species. • Projects which would interfere with water quality standards. • Projects which would provide housing,jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant. A Draft EIR may be submitted to the State Clearinghouse where a state agency has special expertise with regard to the environmental impacts involved. Where the Draft EIR will be reviewed through the State review process handled by the State Clearinghouse, a Notice of Completion (Form "H") should be used as a cover sheet. If the City uses the State Clearinghouse's online process to submit the Notice of Completion form, the form generated on the Internet site satisfies the State Clearinghouse's requirements. A sufficient number of copies of the documents must be sent to the State Clearinghouse for circulation. Staff should contact the State Clearinghouse to find out the correct number of printed copies required for circulation. In addition to the printed copies, a copy of the documents in electronic format shall be submitted on a diskette or by electronic mail transmission if available. 7.20 SPECIAL NOTICE REQUIREMENTS FOR WASTE AND FUEL BURNING PROJECTS. For any waste burning project, as defined in Guidelines Section 5.10, Notice of Completion shall be given to all organizations and individuals who have previously requested notice. In addition, Notice shall be given by direct mailing to the owners and occupants of property within one-fourth mile of any parcel or parcels on which such a project is located. 7.21 REVIEW OF DRAFT EIR BY OTHER AGENCIES AND PERSONS. Upon the filing and posting of a Notice of Completion, Staff shall consult with and obtain comments from each Responsible Agency, Trustee Agency, and any other public agency having jurisdiction by law over resources which may be affected by the project including water agencies consulted pursuant to Guidelines Section 7.07. Those public agencies having jurisdiction by law over the project shall include, but are not necessarily limited to: (1) Any city or county bordering the project area; (2) Transportation planning agencies and public agencies with transportation facilities located within the project area; and SACTOUTB\22869\CITY\2005 74 3 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report (3) The State Department of Water Resources,when a project is located within one mile of a facility of the State Water Resources Development System. Staff may also consult with and obtain comments from any person known to have special expertise whose comments relative to the Draft EIR would be desirable. Staff may also consult with any member of the public who has filed a written request for notice with the City Clerk and any person whom the project applicant believes will be concerned with the environmental effects of the project. When a redevelopment agency establishes or amends its redevelopment plan and the project area contains land in agricultural use, the agency shall also send a copy of the Draft EIR to those specific agricultural and farm agencies and organizations as required by Health and Safety Code Section 33333.3. 7.22 TIE FOR REVIEW OF DRAFr EIR;FAILURE To COMMENT. A period of between thirty (30) and sixty (60) days from the filing of the Notice of Completion of the Draft EIR shall be allowed for review of and comment on the Draft EIR, except in unusual situations. If a state agency is a Responsible Agency, or if the Draft EIR is submitted to the State Clearinghouse, the review period shall be at least forty-five (45) days. When a Draft EIR is submitted to the State Clearinghouse for review, the public review period shall be at least as long as the period of review established by the State Clearinghouse. A shorter review period of the Draft EIR by the State Clearinghouse can be requested by the City; however, a shortened review period shall not be less than thirty (30) days for a Draft EIR. Any request for a shortened review period must be made in writing by the City to the Office of Planning and Research. The City may designate a person to make these requests. A shortened review period is not available for any proposed project of statewide, regional or areawide environmental significance as determined pursuant to State Guidelines Section 15206. Any approval of a shortened review period shall be given prior to, and reflected in, the public notices. In the event a public agency, group, or person whose comments on a Draft EIR are solicited fails to comment within the required time period, it shall be presumed that such agency, group, or person has no comment to make, unless the lead agency has received a written request for a specific extension of time for review and comment and a statement of reasons for the request. Continued planning activities concerning the proposed project, short of formal approval, may continue during the period set aside for review and comment on the Draft EIR. 7.23 PUBLIC HEARING ON DRAFT EIR A public hearing on the Draft EIR document is not required by CEQA but may be held by the decisionmaking body either in separate proceedings or in conjunction with other proceedings of the City. The procedures for the manner of conducting the public hearings shall be described at the time the hearing convenes. SACTOVTB\22869\CITY\2005 7-14 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report The Draft EIR should be used as the outline for discussion at the public hearing. If a public hearing is held, it shall be conducted at least fourteen (14) days after the filing of the Notice of Completion, but in no event after the time set for expiration of the comment period. Public notice of the time and place of the hearing shall be posted in a conspicuous location at City Hall and published in a newspaper of general circulation within the City at least fourteen (14) days in advance of the hearing. The Notice also shall indicate the locations at which the Draft EIR is available for review. To the extent that the City maintains an Internet web site, notice of all public hearings should be made available in electronic format on that site. 7.24 RESPONSE To COMMENTS ON DRAFT EIR. The City as Lead Agency shall evaluate any comments on environmental issues received during the public review period for the Draft EIR and shall prepare a written response to those comments. As stated below, the City should also consider evaluating and responding to any comments received after the public review period. The response of the City may take the form of a revision of the Draft EIR, an attachment to the Draft EIR, or some other oral or written response which is adequate under the circumstances of the project. The response must describe the disposition of any significant environmental issues raised in the comment, such as revisions to the proposed project which mitigate anticipated impacts or objections. If the City's position is at variance with specific recommendations or suggestions raised in the comment, the City's response must detail the reasons why such recommendations or suggestions were not accepted. Moreover, the City shall respond to any specific suggestions for project alternatives or mitigation measures for significant impacts, unless such alternatives or mitigation measures are facially infeasible. The response shall contain recommendations,when appropriate,to alter the project as described in the Draft EIR as a result of an analysis of the comments received. Comments submitted via email shall be treated as written comments for all purposes. Comments sent to the public agency via email are deemed received when they actually arrive in an email account of a staff person who has been designated or identified as the point of contact for a particular project. At least ten (10) days prior to certifying a Final EIR, the City shall provide its proposed written response to any public agency which has made comments on the Draft EIR, The City is not required to respond to comments received after the public review period. However, the City should consider responding to all comments if it will not delay action on the Final EIR, since any comment received before final action on the EIR can form the basis of a legal challenge. A written response which refutes the comment or adequately explains the City's action in light of the comment,will assist the City in defending against a legal challenge. 7.25 PREPARATION AND CONTENTS OF FINAL Elk. Following the receipt of any comments on the Draft EIR as required herein, such comments shall be evaluated by Staff and a Final EIR shall be prepared. The Final OR shall meet all requirements of Guidelines Sections 7.12 and 7.13 and shall consist of the Draft EIR or a revision of the Draft, a section containing either verbatim or in summary the comments and recommendations received through the review and consultation SACTOUTB\22869\CITY\2005 7-15 ®2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report process, a list of persons, organizations and public agencies commenting on the Draft, and a section containing the responses of the City to the significant environmental points raised in the review and consultation process. 7.26 RECIRCULATION WHEN NEW INFORMATION IS ADDED TO EIR. When significant new information is added to the EIR after notice and consultation, but before certification, the City shall recirculate the Draft EIR for another public review period. The term "information" can include changes in the project or environmental setting as well as additional data or other information. New information is significant only when the EIR is changed in a way that would deprive the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of a project or a feasible way to mitigate or avoid such an effect, including a feasible project alternative, that the project proponents decline to implement. Recirculation is required, for example,when: (1) new information added to an EIR discloses: (a) a new significant environmental impact resulting from the project or from a new mitigation measure proposed to be implemented, (b) a significant increase in the severity of an environmental impact (unless mitigation measures are also adopted that reduce the impact to a level of insignificance), or (c) a feasible project alternative or mitigation measure that clearly would lessen the significant environmental impacts of the project, but which the project proponents decline to adopt; or (2) the Draft EIR is so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. Recirculation is not required when the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR. If the revision is limited to a few chapters or portions of the EIR,the City as Lead Agency need only recirculate the chapters or portions that have been modified. A decision to not recirculate an EIR must be supported by substantial evidence in the record. When the City determines to recirculate a Draft EIR, it shall give Notice of Recirculation (Form "M") to every agency, person, or organization that commented on the prior Draft EIR. The Notice of Recirculation must indicate whether new comments must be submitted and whether the City has exercised its discretion to require reviewers to limit their comments to the revised chapters or portions of the recirculated EIR. The City shall also consult again with those persons contacted pursuant to Guidelines Section 7.18 before certifying the EIR.When the EIR is substantially revised and the entire EIR is recirculated, the City may require that reviewers submit new comments and need not respond to those comments received during the earlier circulation period. In those cases, the City should advise reviewers that although their previous comments remain part of the administrative record, the final EIR will not provide a written SACTOVTB\22869\CITY\2005 7-16 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report response to those comments, and new comments on the revised EIR must be-submitted. The City need only respond to those comments submitted in response to the revised EIR. When the EIR is revised only in part and the City is recirculating only the revised chapters or portions of the EIR, the City may request that reviewers limit their comments to the revised chapters or portions. The City need only respond to: (1) comments received during the initial circulation period that relate to chapters or portions of the document that were not revised and recirculated, and (2) comments received during the recirculation period that relate to the chapters or portions of the earlier EIR that were revised and recirculated. When recirculating a revised EIR, either in whole or in part, the City must, in the revised EIR or by an attachment to the revised EIR, summarize the revisions made to the previously circulated draft EIR. 7.27 CERTIFICATION OF FINAL EIR. Following the preparation of the Final EIR, Staff shall review the Final EIR and make a recommendation to the City Council regarding whether the Final EIR is in order and whether it has been completed in compliance with CEQA, the State Guidelines and the City's Guidelines. The Final EIR and Staff recommendation shall then be presented to the City Council. The City Council shall independently review and analyze the Final EIR and determine whether the Final EIR reflects its independent judgment. The City Council shall certify and find that: (1)the Final EIR has been completed in compliance with CEQA, the State Guidelines and the City's Guidelines; (2) the City Council has reviewed and analyzed the Final EIR before approving the project; and(3)the Final EIR reflects the independent judgment of the City . 7.28 CONSIDERATION OF EIR BEFORE APPROVAL OR DISAPPROVAL OF PROJECT. The EIR shall be reviewed and considered by the decisionmaking body before it approves or disapproves the proposed project for which the EIR was prepared. The decisionmaking body may then proceed to consider the proposed project for purposes of approval or disapproval. Separately or in conjunction with its action approving or disapproving the project, the decisionmaking body shall certify that it has reviewed and considered the information contained in the EIR. 7.29 FINDINGS. The decisionmaking body shall not approve or carry out a project if a completed EIR identifies at least one significant effect of the project unless it makes one or more of the following written fmdings for each such significant effect, accompanied by a statement of the facts supporting each finding. Findings must be supported by substantial evidence in the record. (a) That changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment, and which are fully enforceable through permit conditions, agreements, or other measures. These mitigation measures must be expressly adopted or rejected in the EIR. There should be a description of the specific reasons for rejecting identified mitigation measures. Passing references to SACTOVTB\22869\CITY\2005 7-1 7 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report mitigation measures in other sections of the EIR, or in a Statement of Overriding Considerations, are not sufficient. (b) That such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City. Such changes have been, or can and should be, adopted by that other agency. (c) That specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Final EIR. The decisionmaking body must make specific written findings stating why it has rejected an alternative to the project as infeasible. If any of the proposed alternatives could avoid or lessen an adverse impact for which no mitigation measures are proposed, the City shall analyze the feasibility of such alternative(s). If the project is to be approved without including such alternative(s), the City shall find that specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the Final EIR and shall list such considerations before such approval. The decisionmaking body shall not approve or carry out a project as proposed unless (1) the project as approved will not have a significant effect on the environment or(2) its significant environmental effects have been eliminated or substantially lessened (as determined through one or more of the fmdings indicated above), and any remaining,unavoidable significant effects have been found acceptable because of facts and circumstances described in a Statement of Overriding Considerations (see Guidelines Section 7.31). Statements in the Draft EIR or comments on the Draft EIR are not determinative of whether the project will have significant effects. When making the fmdings required by subdivision (a) of this section, the City as Lead Agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which it based its decision. 7.30 SPECIAL FINDINGS REQUIRED FOR FACILITIES WHICH MAY EMIT HAZARDOUS AIR EMISSIONS NEAR SCHOOLS. Special procedural rules apply to projects involving the construction or alteration of a facility within one-quarter mile of a school when: (1) the facility might reasonably be anticipated to emit hazardous air emissions or to handle an extremely hazardous substance or a mixture containing extremely hazardous substances in a quantity equal to or greater than the threshold specified in Health and Safety Code Section 25532(j), and (2) the emissions or substances may impose a health or safety hazard to persons who would attend or would be employed at the school. If the project meets both of those criteria, the City may not certify an EIR or approve a Negative Declaration unless both of the following occur: (a) The City, as Lead Agency, consulted with the school district or districts having jurisdiction over the school regarding the potential impact of the project on the school; and SACTOUTB\22869\CITY\2005 7-18 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report (b) The school district was given written notification of the project not less than thirty (30) days prior to the proposed certification of the EIR or approval of the Negative Declaration. 7.31 STATEMENT OF OVERRIDING CONSIDERATIONS. Whenever a project approved by the decisionmaking body will cause unmitigated significant environmental effects, the decisionmaking body must adopt a Statement of Overriding Considerations. A Statement of Overriding Considerations allows the decisionmaking body to approve a project despite one or more unmitigated significant environmental impacts identified in the Final EIR. A Statement of Overriding Considerations can be made only if feasible project alternatives or mitigation measures do not exist to reduce the environmental impact(s) to a level of insignificance and the benefits of the project outweigh the adverse environmental effect(s). The feasibility of project alternatives or mitigation measures is determined by whether the project alternative or mitigation measure can be accomplished within a reasonable period of time, taking into account economic, environmental, social, legal and technological factors. Project benefits which are appropriate to consider include the economic, environmental,technological and social value of the project. Substantial evidence in the entire record must justify the decisionmaking body's fmdings and its use of the Statement of Overriding Considerations. If the decisionmaking body makes a Statement of Overriding Considerations, the statement must be included in the record of the project approval and mentioned in the Notice of Determination. 7.32 MITIGATION MONITORING OR REPORTING PROGRAM FOR EIR. When making the findings required by subdivision (a) of Guidelines Section 7.29, the City must do all of the following: (a) adopt a reporting or monitoring program to assure that mitigation measures which are required to mitigate or avoid significant effects on the environment will be implemented by the project proponent or other responsible party in a timely manner, in accordance with conditions of project approval; (b) make sure all conditions and mitigation measures are feasible and fully enforceable through permit conditions, agreements, or other measures. Such permit conditions, agreements, and measures must be consistent with applicable constitutional requirements such as the"nexus"and"rough proportionality"standards established by the case; and (c) specify the location and the custodian of the documents which constitute the record of proceedings upon which the City based its decision in the resolution certifying the EIR. There is no requirement that the reporting or monitoring program be circulated for public review; however, the City may choose to circulate it for public comments along with the Draft EIR. The mitigation measures required to mitigate or avoid significant effects on the environment must be adopted as conditions of project approval. SACTOUTB\22869\CITY\2005 7-19 C2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report The adequacy of a mitigation monitoring program is determined by the "rule of reason." This means that a mitigation monitoring program does not need to provide every imaginable measure. It needs only to provide measures that are reasonably feasible. This reporting or monitoring program shall be designed to assure compliance during the implementation or construction of a project. If a Responsible Agency or Trustee Agency has required that certain conditions be incorporated into the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. The City shall also require that prior to the close of the public review period for a Draft EIR (see Guidelines Section 7.21), the Responsible or Trustee Agency submit detailed performance objectives for mitigation measures, or refer the City to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures which mitigate impacts to resources which are within the Responsible or Trustee Agency's authority. Transportation information resulting from the reporting or monitoring program required to be adopted by the City shall be submitted to the regional transportation planning agency where the project is located and to the Department of Transportation for a project of statewide, regional or areawide significance as defined by State Guidelines Section 15206. The transportation planning agency and the Department of Transportation are required by law to adopt guidelines for the submittal of these reporting or monitoring programs, so the City may wish to tailor its submittal to such guidelines. Local agencies have the authority to levy fees sufficient to pay for this program. Therefore, the City will charge the project proponent a fee to cover actual costs of program processing and implementation. The City may delegate reporting or monitoring responsibilities to an agency or to a private entity which accepts the delegation; however, until mitigation measures have been completed, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program. The City may choose whether its program will monitor mitigation, report on mitigation, or both. "Reporting" is defined as a written compliance review that is presented to the Council or an authorized staff person. A report may be required at various stages during project implementation or upon completion of the mitigation measure. Reporting is suited to projects which have readily measurable or quantitative mitigation measures or which already involve regular review. "Monitoring" is generally an ongoing or periodic process of project oversight. Monitoring is suited to projects with complex mitigation measures which may exceed the expertise of the City to oversee, are expected to be implemented over a period of time, or require careful implementation to assure compliance. At its discretion, the City may adopt standardized policies and requirements to guide individually adopted programs. Standardized policies or requirements for monitoring and reporting may describe, but are not limited to: SACTOUTB\22869\CITY\2005 7_20 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report (a) The relative responsibilities of various departments within the City for various aspects of the program. (b) The responsibilities of the project proponent. (c) Guidelines adopted by the City to govern preparation of programs. (d) General standards for determining project compliance with the mitigation measures and related conditions of approval. (e) Enforcement procedures for noncompliance, including provisions for administrative appeal. (f) Process for informing the Council and staff of the relative success of mitigation measures and using those results to improve future mitigation measures. When a project is of statewide, regional, or areawide importance, any transportation information generated by a program must be submitted to the transportation planning agency in the region where the project is located, as well as the Department of Transportation. 7.33 NOTICE OF DETERMINATION. Following consideration and approval of a project for which the City is the Lead Agency, the decisionmaking body shall order Staff to prepare, certify and file, a Notice of Determination (Form"F")which shall contain the following: (a) An identification of the project by its common name,where possible, and its location. (b) A brief description of the project. (c) The date when the City approved the project. (d) Whether the project in its approved form will have a significant effect on the environment. (e) A statement that an EIR was prepared and certified pursuant to the provisions of CEQA. (f) Whether mitigation measures were made a condition of the approval of the project. (g) Whether fmdings and/or a Statement of Overriding Considerations was adopted for the project. (h) The address where a copy of the EIR (with comments and responses) and the record of project approval may be examined by the general public. The Notice of Determination shall be filed with the Clerk of each county in which the project will be located within five (5)working days of project approval. The City is encouraged to make copies of filed notices available in electronic format on the Internet. Such electronic notices are in addition to the posting requirements of the CEQA Guidelines and the Public Resources Code. The Clerk must post the Notice of Determination within twenty-four (24) hours of receipt. The Notice must be posted in the office of the Clerk for a minimum of thirty (30) days. Simultaneously with the filing of the Notice of Determination with the Clerk, Staff shall cause a copy of such Notice to be posted at City Hall. If the project requires discretionary approval from a state agency, the Notice of Determination shall also be filed with the Office of Planning and Research, within five (5) working days of project approval, along with proof of payment of the California Department of Fish and Game fee or Certificate of Fee Exemption (see Guidelines Section 7.36). SACTOUTB\22869\CITY\2005 7-21 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report The Clerk must post the Notice of Determination within twenty-four (24) hours of receipt. The Notice must be posted in the office of the Clerk for a minimum of thirty (30) days. Thereafter, the Clerk shall return the notice to the City with a notation of the period it was posted. The City shall retain the notice for not less than twelve (12) months. If the project requires discretionary approval from any State agency, the Notice of Determination shall also be filed with the Office of Planning and Research within five (5) working days of project approval along with proof of payment of the California Department of Fish and Game fee or Certificate of Fee Exemption (see Guidelines Section 6.18). Simultaneously with the filing of the Notice of Determination with the Clerk, Staff shall cause a copy of the Notice of Determination to be posted at City Hall. When a request is made for a copy of the Notice prior to the date on which the City certifies the EIR, the copy must be mailed, first class postage prepaid,within five(5)days of the City's determination. If such a request is made following the City's determination,then the copy should be mailed in the same manner as soon as possible. The recipients of such documents may be charged a fee reasonably related to the cost of providing the service. For projects with more than one phase, Staff shall file a notice of determination for each . phase requiring a discretionary approval. The filing and posting of a Notice of Determination with the Clerk, and, if necessary, with the Office of Planning and Research, usually starts a thirty (30) day statute of limitations on court challenges to the approval under CEQA. When separate notices are filed for successive phases of the same overall project, the thirty (30) day statute of limitation to challenge the subsequent phase begins to run when the second notice is filed. Failure to file the Notice results in a one hundred eighty(180)day statute of limitations. 7.34 DISPOSITION OF A FINAL EIR The City shall file a copy of the Final EIR with the appropriate planning agency of any city or county where significant effects on the environment may occur. The City shall also retain one or more copies of the Final EIR as a public record for a reasonable period of time. Finally, for private projects,the City may require that the project applicant provide a copy of the certified Final EIR to each Responsible Agency. 7.35 PRIVATE PROJECT COSTS. For private projects, the person or entity proposing to carry out the project shall be charged a reasonable fee to recover the estimated costs incurred by the City in preparing, circulating, and filing the Draft and Final EIRs, as well as all publication costs incident thereto. 7.36 FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES. At the time a Notice of Determination for an EIR is filed with the Clerk, a fee of$850 shall be paid to the Clerk for projects which will adversely affect fish and wildlife resources. These fees are collected by the Clerk on behalf of the California Department of Fish and Game ("DFG"). Only one filing fee is required for each project unless the project is tiered or phased and separate environmental documents are prepared. For projects where a Lead Agency and SACTOUTB\22869\CITY\2005 7-22 02005 Best Best&Krieger LLP • Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report Responsible Agencies file separate Notices of Determination, only the Lead Agency is required to pay the fee. Note: Most County Clerks customarily charge a documentary handling fee for each project in addition to the filing fee specified above. Refer to the Index in the Staff Summary to help determine the correct amount. For private projects,the City shall pass these costs on to the project applicant. No fees are required for projects with a "de minimis" effect on fish and wildlife resources, or for certain projects undertaken by the DFG and implemented through a contract with a non-profit entity or local government agency. A project with a"de minimis" effect has no potential for adverse effect on fish and wildlife. This is an important exception. DFG considers the following projects as likely to have "de minimis" effects on fish and wildlife, depending on the specific facts of each project: (1) Projects which enhance fish and wildlife and their habitats and result in no accompanying adverse impacts to fish or wildlife; (2) Lot line adjustments; (3) Building remodeling; (4) Annexations; (5) Redevelopment on existing urban subdivisions with no wildlife habitat; (6) Infill of undeveloped urban lots; or (7) Adoption of a General Plan, where CEQA requires a subsequent discretionary project approval before any physical change to natural habitat is permitted. If the City believes that a project will have a "de minimis" effect on wildlife resources, it should file the Certificate of Fee Exemption attached as Form "L". This form requires the City to set forth facts in support of the fee exemption. These facts should include: (1) the name and address of the project proponent; (2) a brief description of the project and its location; (3) a statement that an Initial Study has been prepared by the City to evaluate the project's effects on wildlife resources, if any; (4) a declaration that there is no evidence before the City that the project will have any potential for adverse effect on wildlife resources; and (5) a declaration that the City has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in the regulations. A presumption of adverse effect occurs if the project has the potential for adverse effects on the fish and wildlife resources listed on Form "L". To rebut the presumption of adverse effect, the City should explain in the declaration why the project would not have an adverse impact on fish and wildlife and refer to any supporting evidence. These findings should be made at the time of approval of the EIR and attached to Form "L" when submitted to the County. Two copies of Form "L"must be filed with a Notice of Determination in order to obtain the fee exemption. If the City believes that a project has been undertaken by the DFG,that the project's costs are payable from one or more of the sources indicated in the Fish and Game Code, and that the project is being implemented through a contract with a non-profit entity or a local government agency, the DFG filing fee does not apply. Since the DFG has not yet adopted regulations to SACTOUTB\22869\CITY\2005 7-23 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report govern this exemption, including a new "Certificate of Fee Exemption," the City may wish to use Form"L"and make appropriate modifications to reflect this exemption. SACTOUTB\22869\CITY\2005 7_24 ®2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Types of EIRS 8. TYPES OF EIRS 8.01 PROJECT EIR. The most common type of EIR examines the environmental impacts of a specific development project and focuses primarily on the changes in the environment that would result from the development project. This chapter describes a number of examples of various EIRs tailored to different situations. All EIRs must meet the content requirements summarized in Guidelines Section 7.13. 8.02 SUBSEQUENT EIR. A Subsequent EIR is required when a previous EIR has been prepared and certified or a Negative Declaration has been adopted for a project and at least one of the three following situations occur: (a) Substantial changes are proposed in the project which will require major revisions of a previous EIR due to the identification of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) Substantial changes occur with respect to the circumstances under which the project is to be undertaken which will require major revisions of a previous EIR due to the identification of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (c) New information, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, becomes available and shows any of the following: (1) the project will have one or more significant effects not discussed in a previous EIR or Negative Declaration; (2) significant effects previously examined will be substantially more severe than shown in a previous EIR; (3) mitigation measures or alternatives previously found not to be feasible are in fact feasible and would substantially reduce one or more significant effects, but the project proponent declines to adopt the mitigation measures or alternatives; or (4) mitigation measures or alternatives which were not considered in a previous EIR would substantially lessen one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives. A Subsequent EIR must receive the same circulation and review as the previous EIR received. In instances where the City is evaluating a modification or revision to an existing use permit, the City may consider only those environmental impacts related to the changes between what was allowed under the old permit and what is requested under the new permit. Only if these differential impacts fall within the categories described above may the City require additional environmental review. SACTOUTB\22869\CITY\2005 8-1 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Types of EIRS When the City is considering approval of a development project which is consistent with a general plan for which an EIR was completed, another EIR is required only if the project causes environmental effects peculiar to the parcel which were not addressed in the prior EIR, or which substantial new information shows will be more significant than described in the prior FIR. 8.03 SUPPLEMENTAL EIR. The City as a Lead or Responsible Agency may choose to prepare a Supplemental FIR, rather than a Subsequent EIR, if any of the conditions described in Guidelines Section 8.02 would require the preparation of a Subsequent EIR and only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. To assist the City in making this determination, the decisionmaking body should request an Initial Study and/or a recommendation by Staff. The Supplemental FIR need contain only the information necessary to make the previous FIR adequate for the project as revised. A Supplemental FIR shall be given the same kind of notice and public review as is given to a Draft FIR but may be circulated by itself without recirculating the previous FIR. When the decisionmaking body decides whether to approve the project, it shall consider the previous FIR as revised by the Supplemental OR. Findings pursuant to Guidelines Section 7.29 shall be made for each significant effect shown in Supplemental EIR. 8.04 ADDENDUM To AN EIR. The City as a Lead or Responsible Agency may choose to prepare an Addendum to an EIR, rather than a Supplement to an EIR, only if none of the conditions described in Guidelines Section 8.02 calling for preparation of a Subsequent FIR have occurred and only minor technical changes or additions to the previous environmental document are necessary. Since significant effects on the environment were addressed by findings in the original FIR, no new fmdings are required in the Addendum. An Addendum to an EIR need not be circulated for public review but should be included in or attached to the Final EIR. The decisionmaking body shall consider the Addendum with the Final FIR prior to making a decision on a project. A brief explanation of the decision not to prepare a Subsequent FIR or a Supplemental EIR should be included in the Addendum,the Lead Agency's findings on the project, or elsewhere in the record. This explanation must be supported by substantial evidence. 8.05 TIERED EIR. "Tiering" refers to using the analysis of general matters contained in a previously certified broader EIR in later EIRs or Negative Declarations prepared for narrower projects. The later FIR or Negative Declaration may incorporate by reference the general discussions from the broader EIR and may concentrate solely on the issues specific to the later project. An Initial Study shall be prepared for the later project and used to determine whether a Tiered EIR may be used and whether new significant effects should be examined. A Tiered FIR SACTOUTB\22869\CITY\2005 8-2 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) "` Types of EIRS shall be used for later projects where a prior EIR has been prepared and certified for a program, plan,policy, or ordinance and the City determines that: (a) The later project is consistent with a program, plan, policy or ordinance for which an EIR has been prepared and certified; (b) The later project is consistent with applicable local land use plans and zoning of the city and county in which the later project would be located; and (c) The later project would not require a Subsequent or Supplemental EIR. (See Guidelines Sections 8.02 and 8.03.) Tiering does not excuse the City from adequately analyzing reasonably foreseeable significant environmental effects of a project, nor does it justify deferring analysis to a later tier EIR or Negative Declaration. However, the level of detail contained in a first-tier EIR need not be greater than that of the program, plan, policy, or ordinance being analyzed. When the City is using the tiering process in connection with an EIR for a large-scale planning approval, such as a general plan or component thereof(e.g., an area plan or community plan), the development of detailed, site-specific information may not be feasible. Such site-specific information can be deferred, in many instances, until such time as the City prepares a future environmental document in connection with a project of a more limited geographical scale, as long as deferral does not prevent adequate identification of significant effects of the planning approval at hand. Where a first-tier EIR has been prepared and certified for a program, plan, policy, or ordinance consistent with the requirements of this section, the City should limit the EIR or Negative Declaration on the later project to effects which: (a) were not examined as significant effects on the environment in the prior EIR; or (b) are susceptible to substantial reduction or avoidance by specific revisions in the project, the imposition of conditions or other means. When assessing whether there is a new significant cumulative effect for purposes of a subsequent tier environmental document, the City shall consider whether the incremental effects of the project would be considerable when viewed in the context of past, present, and probable future projects. The City may use only a valid CEQA document as a first-tier document. Accordingly, the City should carefully review the first-tier environmental document to determine whether or not the statute of limitations for challenging the document has run. If the statute of limitations has not expired, the City should use the first-tier document with caution and pay careful attention to the legal status of the document. If the first-tier document is subsequently invalidated by the courts, any later environmental document may also be defective. 8.06 STAGED EIR. Where a large capital project will require a number of discretionary approvals from governmental agencies and one of the approvals will occur more than two years before construction will begin, a Staged EIR may be prepared. The Staged EIR covers the entire project in a general form or manner. A Staged EIR should evaluate a proposal in light of current and contemplated plans and produce an informed estimate of the environmental consequences of an SACTOUTB\22869\CITY\2005 8-3 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Types of EIRS entire project. The particular aspect of the project before the City for approval shall be discussed with a greater degree of specificity. Where a Staged EIR has been prepared, a Supplement to that FIR shall be prepared when a later approval is required for the project, and the information available at the time of the later approval would permit consideration of additional environmental impacts, mitigation measures, or reasonable alternatives to the project. 8.07 PROGRAM EIR A Program EIR is an EIR which may be prepared on an integrated series of actions that are related either: (a) Geographically; (b) As logical parts in a chain of contemplated actions; (c) In connection with the issuance of rules, regulations, plans or other general criteria to govern the conduct of a continuing program; or (d) As individual projects carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. Subsequent activities in the program must be examined in light of the Program EIR to determine whether additional environmental documents must be prepared. Additional environmental review documents must be prepared if the proposed later project may arguably cause significant adverse effects on the environment. 8.08 USE OF A PROGRAM EIR WITH SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS. A Program EIR can be used to simplify the task of preparing environmental documents in later parts of the program. The Program EIR can: (a) Provide the basis for an Initial Study to determine whether the later activity may have any significant effects. (b) Be incorporated by reference to deal with regional influences, secondary effects, cumulative impacts, broad alternatives and other factors that apply to the program as a whole. (c) Focus an EIR on a subsequent project to permit discussion solely of new effects which had not been considered before. 8.09 USE OF AN EIR FROM AN EARLIER PROJECT. A single EIR may be used to describe more than one project when the projects involve substantially identical environmental impacts. Any environmental impacts peculiar to one of the projects must be separately set forth and explained. 8.10 MASTER EIR A Master FIR is an EIR which may be prepared for: SACTOUTB\22869\CITY\2005 8_4. ©2005 Best Best&Krieger LLP • Local Guidelines for Implementing the California Environmental Quality Act(2005) Types of EIRS (a) A general plan (including elements and amendments); (b) A specific plan; (c) A project consisting of smaller individual projects to be phased; (d) A regulation to be implemented by subsequent projects; (e) A project to be carried out pursuant to a development agreement; (f) A project pursuant to or furthering a redevelopment plan; (g) A state highway or mass transit project subject to multiple reviews or approvals; or (h) A regional transportation plan or congestion management plan. A Master EIR must do both of the following: (a) Describe and present sufficient information about anticipated subsequent projects within its scope, including their size, location, intensity, and scheduling; and (b) Preliminarily describe potential impacts of anticipated subsequent projects for which insufficient information is available to support a full impact assessment. The City and Responsible Agencies identified in the Master EIR may use the Master EIR to limit environmental review of subsequent projects. However, the Lead Agency for the subsequent project must prepare an Initial Study to determine whether the subsequent project and its significant environmental effects were included in the Master EIR. If the Lead Agency for the subsequent project finds that the subsequent project will have no additional significant environmental effect and that no new mitigation measures or alternatives may be required, it may prepare written findings to that effect without preparing a new environmental document. When the lead agency makes this fording, it must provide public notice of the availability of its proposed finding for public review and comment in the same manner as if it were providing public notice of the availability of a draft EIR. (See Sections 15177(d) and 15087 of the State Guidelines and Section 7.18 of these Guidelines.) When the Lead Agency cannot fmd that the subsequent project will have no additional significant environmental effect and no new mitigation measures or alternatives will be required, it must prepare either a Mitigated Negative Declaration or an EIR for the subsequent project. The Master EIR cannot be used to limit review of a subsequent project if it was certified more than five (5) years before the filing of an application for the subsequent project or if the approval of a project that was not described in the Master EIR may affect the adequacy of the environmental review in the Master EIR for any subsequent project. However, the five (5) year limitation does not apply if the City fmds that no substantial changes or information related to the Master EIR exist and recertifies the Master EIR, or if it adopts a Negative Declaration or Mitigated Negative Declaration or certifies a Subsequent or Supplemental EIR that makes appropriate modification to the Master EIR. The City as Lead Agency must provide Notice of Completion and Notice of Availability of a Master EIR within a period of time prior to final adoption by the public agency, as described in Guidelines Section 7.18. The City may develop a fee program to fund the costs of a Master EIR. SACTOUTB\22869\CITY\2005 8_5 ®2005 Best Best&Krieger LLP • Local Guidelines for Implementing the California Environmental Quality Act(2005) Types of EIRS 8.11 FOCUSED EIR. A Focused EIR is an EIR for a subsequent project identified in a Master EIR. It may be used only if the City finds that the Master EIR's analysis of cumulative, growth-inducing, and irreversible significant environmental effects is adequate for the subsequent project. The Focused EIR must incorporate by reference the Master EIR. The Focused EIR must analyze additional significant environmental effects not addressed in the Master EIR and any new mitigation measures or alternatives not included in the Master EIR. "Additional significant effects on the environment"means those project-specific effects on the environment which were not addressed as significant effects on the environment in the Master EIR. The Focused EIR must also examine the following: (a) Significant effects discussed in the Master EIR for which substantial new information exists that shows those effects may be more significant than described in the Master EIR; (b) Those mitigation measures found to be infeasible in the Master EIR for which substantial new information exists that shows those effects may be more significant than described in the Master EIR; and (c) Those mitigation measures found to be infeasible in the Master EIR for which substantial new information exists that shows those measures may now be feasible. The Focused EIR need not examine the following effects: (a) Tlrose that were mitigated through Master EIR mitigation measures; and (b) Those that were examined in the Master EIR in sufficient detail to allow project-specific mitigation or for which mitigation was found to be the responsibility of another agency. A Focused EIR may be prepared for a multifamily residential project not exceeding 100 units or a mixed use residential project not exceeding 100,000 square feet even though the project was not identified in a Master EIR, if the following conditions are met: (a) The project is consistent with a general plan, specific plan, community plan, or zoning ordinance for which an EIR was prepared within five (5) years of the Focused EIR's certification; (b) The project does not require the preparation of a Subsequent or Supplemental EIR pursuant to Guidelines Sections 8.02 or 8.03; and (c) The parcel is surrounded by immediately contiguous urban development, was previously developed with urban uses, or is within one-half mile of a rail transit station. A Focused EIR for these projects should be limited to potentially significant effects that are project-specific and/or which substantial new information shows will be more significant than described in the Master EIR. No discussion shall be required of alternatives to the project, cumulative impacts of the project, or the growth-inducing impacts of the project. (See State Guidelines Section 15179.5.) SACTOVTB\22869\CITY\2005 8-6 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) CEQA Litigation 9. CEOA LITIGATION 9.01 TIMELINES. When a CEQA lawsuit is filed, there are numerous and complex time requirements that must be met. Pressing deadlines begin to run in the days immediately after a CEQA lawsuit has been filed. For example, within ten (10) business days of the public agency being served with a petition or complaint alleging a violation of CEQA, the Lead Agency must provide the petitioner with a list of Responsible Agencies and public agencies with jurisdiction by law over any natural resource affected by the project at issue. There are a variety of other deadlines that apply in CEQA litigation. If a CEQA lawsuit is filed, CEQA counsel should be contacted immediately in order to ensure that all the applicable deadlines are met. 9.02 ADMINISTRATIVE RECORD. When the lead agency's CEQA finding and/or action is challenged in a lawsuit, the lead agency must certify the administrative record that formed the basis of the lead agency's decision. To the extent the documents listed below exist and are not subject to a privilege that exempts them from disclosure,the following items should be included in the administrative record: (1) All project application materials; (2) All staff reports and related documents prepared by the public agency with respect to its compliance with the substantive and procedural requirements of CEQA and with respect to the action on the project; (3) All staff reports and related documents prepared by the public agency and written testimony or documents submitted by any person relevant to any findings or statement of overriding considerations adopted by the public agency pursuant to this division; (4) Any transcript or minutes of the proceedings at which the decisionmaking body of the public agency heard testimony on or considered any environmental document on the project, and any transcript or minutes of proceedings before any advisory body to the respondent public agency that were presented to the decisionmaking body prior to action on the environmental documents or on the project; (5) All notices issued by the public agency to comply with CEQA or with any other law governing the processing and approval of the project; (6) All written comments received in response to, or in connection with, environmental documents prepared for the project, including responses to the notice of preparation; SACTOUTB\22869\CITY\2005 9-1 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) CEQA Litigation (7) All written evidence or correspondence submitted to, or transferred from, the public agency with respect to compliance with CEQA or with respect to the project; (8) Any proposed decisions or findings submitted to the decisionmaking body of the public agency by its staff or the project proponent, project opponents, or other persons, to the extent such documents are subject to public disclosure; (9) The documentation of the final public agency decision, including the final environmental impact report, mitigated negative declaration, or negative declaration, and all documents, in addition to those referenced in paragraph (3) above, cited or relied on in the findings or in a statement of overriding considerations adopted pursuant to CEQA; (10) Any other written materials relevant to the respondent public agency's compliance with CEQA or to its decision on the merits of the project, including the initial study; any drafts of any environmental document, or portions thereof, that were released for public review; copies of studies or other documents relied upon in any environmental document prepared for the project and either made available to the public during the public review period or included in the public agency's files on the project; and internal agency communications related to the project or to compliance with CEQA, to the extent such documents are subject to public disclosure; and (11) The full written record before any inferior administrative decisionmaking body whose decision was appealed prior to the filing of the lawsuit The administrative record should be organized either chronologically or by topic area. The administrative record should include a master index of documents. The documents generated by the lead agency during the CEQA process should be properly labeled for ease of identification. SACTOUTB\22869\CITY\2005 9-2 ®2005 Best Best&Krieger LLP • Local Guidelines for Implementing the California Environmental Quality Act(2005) Definitions 10. DEFINITIONS Whenever the following terms are used in these Guidelines, they shall have the following meaning unless otherwise expressly defined: 10.01 "Applicant" means a person who proposes to carry out a project which requires a lease, permit, license, certificate, or other entitlement for use, or requires financial aid from one or more public agencies when applying for governmental approval or assistance. 10.02 "Approval" means a decision by the decisionmaking body or other authorized body or officer of the City which commits the City to a definite course of action with regard to a particular project. With regard to any project to be undertaken directly by the City, approval shall be deemed to occur on the date when the decisionmaking body adopts a motion or resolution determining to proceed with the project, which in no event shall be later than the date of adoption of plans and specifications. As to private projects, approval shall be deemed to have occurred upon the earliest commitment to provide service or the issuance by the City of a discretionary contract, subsidy, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. The mere acquisition of land by the City shall not, in and of itself,be deemed to constitute approval of a project. For purposes of these Guidelines, all environmental documents must be completed as of the time of project approval. 10.03 "Baseline" refers to the pre-project environmental conditions. By comparing the project's potential impacts to the baseline, the lead agency determines whether the project's impacts are substantial enough to be significant under the relevant thresholds of significance. Generally, the baseline is the environmental conditions existing on the date the environmental analysis begins, such as the date of the Notice of Preparation is published for an EIR or the date of the Notice of Intent to Adopt a Negative Declaration. However, in certain circumstances, an earlier or later date may provide a more accurate environmental analysis. The City may establish any baseline that is appropriate, including an earlier or later date, as long as the choice of baseline can be supported by substantial evidence. 10.04 "CEQA" (the California Environmental Quality Act) means California Public Resources Code Sections 21000, et m. 10.05 "Categorical Exemption" means an exception from the requirement of preparing a Negative Declaration or an EIR, based on a fording by the Secretary of the Resources Agency that the class of projects does not have a significant effect on the environment. 10.06 "City"means the City of Azusa, California. 10.07 "Clerk"means either the"Clerk of the Board"or the "County Clerk" depending upon the county. Please refer to the "Index to Environmental Filing by County" in the Staff SACTOUTB\22869\CITY\2005 10-1 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Definitions Summary to determine which applies. 10.08 "Community-Level Environmental Review"means either(1)or(2)below: (1) A certified Environmental Impact Report for any of the following actions: (a) A general plan, (b) A revision or update to the general plan that includes at least the land use and circulation elements, (c) An applicable community plan, (d) An applicable specific plan, or (e) A housing element of the general plan, if the Environmental Impact Report analyzed the environmental effects of the density of the proposed project; or (2) A negative declaration or mitigated negative declaration adopted as a subsequent environmental review document, following and based upon an Environmental Impact Report on a general plan, community plan or specific plan. 10.09 "Cumulative Impacts"means two or more individual effects which,when considered together, are considerable or which compound or increase other environmental impacts. The individual effects may be changes resulting from a single project or a number of separate projects,whether past, present or future. The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present and reasonably foreseeable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. 10.10 "Cumulatively Considerable" means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. 10.11 "Decisionmaking Body" means the body within the City, i.e., City Council or Planning Commission, with final approval authority over the particular project. (See Guidelines Section 10.02.) 10.12 "Developed Open Space"means land that meets each of the following three criteria: (a) Is publicly owned, or financed in whole or in part by public funds, (b) Is generally open to, and available for use by,the public, (c) Is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools,ballfields,enclosed child play areas, and picnic facilities. Developed Open Space includes land that has been designated for acquisition by a SACTOUTB\22869\CITY\2005 10-2 02005 Best Best&Krieger LLP • - Local Guidelines for Implementing the California Environmental Quality Act(2005) Definitions public agency for open space purposes, but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes. 10.13 "Development Project" means any project undertaken for the purpose of development, including any project involving the issuance of a permit for construction or reconstruction but not a permit to operate. It does not include any ministerial projects proposed to be carried out or approved by public agencies. (Government Code Section 65928.) 10.14 "Discretionary Project" means a project for which approval requires the exercise of independent judgment, deliberation, or decision-making on the part of the City. 10.15 "Draft EIR" means an EIR containing the information summarized in Guidelines Section 7.13. 10.16 "Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, landslide or other natural disaster, as well as such occurrences as riot,war,terrorist incident, accident or sabotage. 10.17 "Environment" means the physical conditions which exist in the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. 10.18 "EIR" (Environmental Impact Report) means a detailed written statement setting forth the environmental effects and considerations pertaining to a project. EIR may mean a Draft or a Final version of an EIR, a Project EIR., a Subsequent EIR, a Supplemental EIR, a Tiered EIR, a Staged EIR, a Program EIR, a Master EIR, or a Focused EIR. 10.19 "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. 10.20 "Final EIR" means an EIR containing the information contained in the Draft EIR, comments either verbatim or in summary received in the review process, a list of persons commenting, and the response of the City to the comments received. 10.21 "Historical Resources" shall be determined according to the following: (a) Resources listed in, or eligible for listing in, the California Register of Historical Resources shall be considered historical resources. (b) Resources included in a local register of historical resources, as defined in Public Resources Code Section 5020.1(k), or identified as significant in a historical resource survey, as specified in Public Resources Code Section 5024.1(g), are presumed to be historically or culturally significant, unless a preponderance of evidence demonstrates that they are not historically or SACTOVTB\22869\CITY\2005 10_3 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Definitions culturally significant. Any of the following may be considered historically significant: any object, building, structure, site, area,place,record or manuscript which a lead agency determines,based upon substantial evidence in light of the whole record, to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social,political,military or cultural annals of California. The lead agency is not precluded from determining that a resource is a historical resource, as defined in Public Resources Code Sections 5020.1(j) or 5024.1, even if it is: (a) not listed in, or determined to be eligible for listing in, the California Register of Historical Resources; (b) not included in a local register of historical resources; or (c)not identified in a historical resources survey. 10.22 "Infill Site" means a site in an urbanized area that meets either of the following criteria: (1) The immediately adjacent parcels are: (a) (i) developed with qualified urban uses, or (ii) at least 75% of the perimeter of the site adjoins parcels that are developed with qualified urban uses and the remaining 25% of the site adjoins parcels that have previously been developed for qualified urban uses, (b) the site has not been developed for urban uses,and (c) no parcel within the site has been created within the past ten(10)years; or (2) The site has been previously developed for qualified urban uses. (Public Resources Code Section 21061.0.5.) 10.23 "Initial Study" means a preliminary analysis conducted by the City to determine whether an EIR or a Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR. 10.24 "Jurisdiction by Law" means the authority of any public agency to grant a permit or other entitlement for use, to provide funding for the project in question or to exercise authority over resources which may be affected by the project. The City will have jurisdiction by law over a project when the City, having primary and exclusive jurisdiction over the area involved, is the site of the project, the area in which the major environmental effects will occur, or the area in which reside those citizens most directly concerned by any such environmental effects. 10.25 "Land Disposal Facility" means a hazardous waste facility where hazardous waste is disposed in, on, or under land. (Health and Safety Code Section 25199.1(d).) SACTOUTB\22869\CITY\2005 10_4 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Definitions 10.26 "Large Treatment Facility" means a treatment facility which treats or recycles one thousand (1,000) or more tons of hazardous waste during any one month of the current reporting period commencing on or after July 1, 1991. (Health and Safety Code Section 25205.1(d).) 10.27 "Lead Agency" means the public agency which has the principal responsibility for preparing environmental documents and for carrying out or approving a project when more than one public agency is involved with the same underlying activity. 10.28 "Low-Income Households" means households of persons and families of very low and low income. Low-income persons or families are those eligible for financial assistance from governmental agencies for occupants of state-funded housing. Very low income persons are those whose incomes do not exceed the qualifying limits for very low income families as established and amended pursuant to Section 8 of the United States Housing Act of 1937. Such limits are published and updated in the California Code of Regulations. (Public Resources Code Section 21159.20(c).) 10.29 "Low- and Moderate-Income Households" means persons or families whose income does not exceed 120% of area median income, adjusted for family size in accordance with adjustment factors adopted and amended by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. (Public Resources Code Section 21159.20(d).) 10.30 "Major Transit Stop"means a site containing an existing rail station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes that operate at least every fifteen (15) minutes during the morning and afternoon peak commute periods. (Public Resources Code Section 21064.3.) 1031 "Mitigated Negative Declaration" means a Negative Declaration prepared for a Project when the Initial Study has identified potentially significant effects on the environment,but: (1)revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2)there is no substantial evidence in light of the whole record before the public agency that the project,as revised,may have a significant effect on the environment. 10.32 "Mitigation" means avoiding the environmental impact altogether by not taking a certain action or parts of an action, minimizing impacts by limiting the degree or magnitude of the action and its implementation, rectifying the impact by repairing, rehabilitating or restoring the impacted environment, reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action, or compensating for the impact by replacing or providing substitute resources or environments. 1033 "Negative Declaration" means a written statement by the City briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant SACTO\J B\22869\CITY\2005 10-5 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Definitions effect on the environment and, therefore, does not require the preparation of an EIR. 10.34 "Notice of Completion" means a brief report filed with the Office of Planning and Research by the City when it is the Lead Agency as soon as it has completed a Draft EIR and is prepared to send out copies for review. 10.35 "Notice of Determination" means a brief notice to be filed by the City when it approves or determines to carry out a project which is subject to the requirements of CEQA. 1036 "Notice of Exemption" means a brief notice which may be filed by the City when it has approved or determined to carry out a project, and it has determined that the project is exempt from the requirements of CEQA. Such a notice may also be filed by an applicant where such a determination has been made by a public agency which must approve the project. 10.37 "Notice of Preparation" means a brief notice sent by a Lead Agency to notify the Responsible Agencies and Trustee Agencies that the Lead Agency plans to prepare an EIR for a project. The purpose of this notice is to solicit guidance from such agencies as to the scope and content of the environmental information to be included in the EIR. 10.38 "Oak" means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species pursuant to regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4526 of the Public Resources Code, and that is 5 inches or more in diameter at breast height. (Public Resources Code § 21083.4(a).) 10.39 "Oak Woodlands" means an oak stand with a greater than 10 percent canopy cover or that may have historically supported greater than 10 percent canopy cover. (Fish & Game Code § 1361(h).) 10.40 "Offsite Facility" means a facility that serves more than one generator of hazardous waste. (Public Resources Code Section 21151.1(13)(g).) 10.41 "Person" includes any person, firm, association, organization, partnership, business, trust, corporation, company, city, county, city and county, town, the state, and any of the agencies which may be political subdivisions of such entities. 10.42 "Private Project"means a project which will be carried out by a person other than a governmental agency, but which will need a discretionary approval from the City. Private projects will normally be those listed in subsections (b) and (c) of Guidelines Section 10.43. 10.43 "Project" means the whole of an action or activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment, and is any of the following: SACTOUTB\22869\CITY\2005 10-6 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Definitions (a) A discretionary activity directly undertaken by the City including but not limited to public works construction and related activities, clearing or grading of land, or improvements to existing public structures. (b) A discretionary activity which involves a public agency's issuance to a person of a lease, permit, license, certificate, or other entitlement for use, or which is supported, in whole or in part, through contracts, grants, subsidies, loans or other forms of assistance by the City. (c) A discretionary project proposed to be carried out or approved by public agencies, including but not limited to the enactment and amendment of local General Plans or elements thereof, the enactment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits and the approval of tentative subdivision maps. The presence of any real degree of control over the manner in which a project is completed makes it a discretionary project. The term project refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term project does not mean each separate governmental approval. 10.44 "Proiect-Specific Effects" means all the direct or indirect environmental effects of a project other than cumulative effects and growth-inducing effects. (Public Resources Code Section 21065.3.) 10.45 "Qualified Urban Use" means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. (Public Resources Code Section 21072.) 10.46 "Residential" means a use consisting of either residential units only or residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 15%of the total floor area of the project. 10.47 "Responsible Agency"means a public agency which proposes to carry out or approve a project for which a Lead Agency has prepared the environmental documents. For the purposes of CEQA, the term "Responsible Agency" includes all federal, state, regional and local public agencies other than the Lead Agency which have discretionary approval power over the project. 10.48 "Significant Effect" means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the activity including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. A social or economic change related to a physical change may be considered in determining whether the physical change is significant. 10.49 "Staff"means the City Manager or his or her designee. 10.50 "Standard"means a standard of general application that is all of the following: SACTOUTB\22869\CITY\2005 10-7 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Definitions (a) A quantitative, qualitative or performance requirement found in a statute, ordinance, resolution, rule, regulation, order, or other standard of general application; (b) Adopted for the purpose of environmental protection; (c) Adopted by a public agency through a public review process; (d) Governs the same environmental effect which the change in the environment is impacting; and (e) Governs the jurisdiction where the project is located. The definition of"standard" includes thresholds of significance adopted by the City which meet the requirements of this Section. If there is a conflict between standards, the City shall determine which standard is appropriate based upon substantial evidence in light of the whole record. 10.51 "State Guidelines" means the Guidelines for Implementation of the California Environmental Quality Act as adopted by the Secretary of the California Resources Agency as they now exist or hereafter may be amended. (California Administrative Code, Title 14, Sections 15000, et seg.) 10.52 "Substantial Evidence" means reliable information on which a fair argument can be based to support an inference or conclusion, even though another conclusion could be drawn from that information. "Substantial evidence" includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. "Substantial evidence" does not include argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment. 10.53 "Tiering" means the coverage of general matters in broad scope or Program EIRs, with subsequent narrower environmental documents (such as site-specific EIRs) incorporating by reference the general discussions and concentrating solely on the issues specific to the environmental document subsequently prepared. 10.54 "Transportation Facilities" means major local arterials and public transit within five (5)miles of the project site, and freeways,highways, and rail transit service within ten (10)miles of the project site. 10.55 "Trustee Agency" means a State agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. Trustee Agencies may include,but are not limited to, the following: (a) The California Department of Fish and Game ("DFG")with regard to the fish and wildlife of the state, designated rare or endangered native plants, and game refuges, ecological reserves, and other areas administered by DFG. (b) The State Lands Commission with regard to state owned "sovereign" lands such as the beds of navigable waters and state school lands. (c) The State Department of Parks and Recreation with regard to units of the State SACTOUTB\22869\CITY\2005 10_8 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Definitions Park System. (d) The University of California with regard to sites within the Natural Land and Water Reserve System. (e) The State Water Resources Control Board with respect to surface waters. 10.56 "Urbanized Area"means any one of the following: (1) An incorporated city that has a population of at least one hundred thousand (100,000)persons; (2) An incorporated city that has a population of less than one hundred thousand (100,000) persons if the population of the city and not more than two contiguous incorporated cities combined equals at least one hundred thousand (100,000)persons; or (3) An unincorporated area that meets both of the following requirements: (a) The unincorporated area is either: (i) completely surrounded by one or more incorporated cities, the population of the unincorporated area and the population of the surrounding incorporated city or cities equals not less than one hundred thousand (100,000) persons and the population density of the unincorporated area at least equals the population density of the surrounding city or cities; or (ii) located within an urban growth boundary and has an existing residential population of at least five thousand (5,000) persons per square mile. (b) The board of supervisors with jurisdiction over the unincorporated area has previously issued a finding that the general plan, zoning ordinance, and related policies and programs applicable to the area are consistent with principles that encourage compact development, and the board of supervisors previously submitted a draft of that finding to the Office of Planning and Research for a thirty (30) day comment period prior to issuing a fmal finding. (Public Resources Code Section 21071.) 10.57 "Urban Growth Boundary" means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side of the boundary. 10.58 "Wetlands" has the same meaning as that term is construed in the regulations issued by the United States Army Corps of Engineers pursuant to the Clean Water Act. Thus "wetlands"means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Public Resources Code Section 21159.21(d), incorporating Title 33, Code of Federal Regulations, Section 328.3.) SACTOUTB\22869\CITY\2005 10_9 ©2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Defmitions 10.59 "Wildlife Habitat" means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. (Public Resources Code Section 21159.21.) 10.60 "Zoning Approval" means any enactment, amendment, or appeal of a zoning ordinance; granting of a conditional use permit or variance; or any other form of land use, subdivision, tract, or development approval required from the city or county having jurisdiction to permit the particular use of the property. SACTOUTB\22869\CITY\2005 10-10 ©2005 Best Best&Krieger LLP RESOLUTION NO. 05-C94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFONRIA ENVIRONMENTAL QUALITY ACT — 2005 REVISION (PUB. RESOURCES CODE §§21000 ET SEQ.) WHEREAS, the California Legislature has amended the California Environmental Quality Act ("CEQA") (Pub. Resources Code §§ 21000 et seq.) and the State CEQA Guidelines (Cal. Code of Regs, tit. 14, §§ 15000 et seq.) and the California courts have interpreted specific provisions of CEQA; WHEREAS, Section 21082 of CEQA requires all public agencies to adopt objectives, criteria and procedures for evaluation of public and private projects undertaken or approved by such public agencies, and the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and WHEREAS, The City of Azusa ("City") must revise its local guidelines for implementing CEQA to make them consistent with current provisions and interpretations of CEQA; NOW,THEREFORE,the City Council of the City of Azusa hereby resolves as follows: SECTION 1. The City adopts"Local Guidelines for Implementing the California Environmental Quality Act (2005 Revision)," a copy of which is on file at the offices of the City and is available for inspection by the public. SECTION 2. All prior actions of the City enacting earlier guidelines are hereby repealed. ADOPTED this 1.7t day of October, 2005. ._..7._ _ ,,,..\_11A46.1m,\ DIANE CHANON MAYOR RESOLUTION NO. 05-C94 2005 CEQA Guidelines PAGE 2 of 2 ATTEST: VERA MENDOZA, CITY CLER rc--- I, Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing Resolution No. 05-C94 was duly adopted by the City Council of the City of Azusa, at a regular meeting thereof,held on the 17th day of October, 2005, by the following vote of the Council: AYES: COUNCIL MEMBERS: HARDISON, CARRILLO, HANKS, CHAGNON NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: ROCHA ABSTAIN: COUNCILMEMBERS: NONE VERA MENDOZA CITY CLERK REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 890 E. Alosta Avenue, Azusa, (Foothill Shopping Center) Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION AND WORKERS COMPENSATION CLAIM - DAVIS - (Gov. Sec. 54956.9 (b)) CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code Sec. 54956.9(b&0 One Case. Claim by Vulcan Materials. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 850 West Tenth Street, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 728 North Dalton Avenue, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. 54946. (a) Case name: John R. Moore v. City of Azusa, et al. Case number: Los Angeles Superior Court - Central Branch - Case No. BS-094963 7:30 P.M. REGULAR MEETING CALL TO ORDER PLEDGE TO THE FLAG INVOCATION - Father Michael Sears of Saint Frances of Rome Church ROLL CALL A. PUBLIC PARTICIPATION (Person/Group shall be allowed to speak without interruption up to five (5) minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes time.) 10/17/05 PAGE TWO B. REPORTS UPDATES AND ANNOUNCEMENTS FROM STAFF/COUNCIL 1. Discussion regarding City Board and Commission vacancies. There are two vacancies in the Human Relations Commission (one year terms), one vacancy in the Library Commission (three year term) and one vacancy in the Cultural and Historic Preservation Commission (one year term). 2. Mayor Chagnon - update regarding dates in October for the free yard sale weekend. C. SCHEDULED ITEMS 1. PUBLIC HEARING -on Water Rate Adjustment-to consider a 3% increase in water utility rates (excluding contract water rates) effective for all bills rendered on and after November 1 , 2005. RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the Hearing. Waive further reading and adopt Resolution No. 05-C93, approving the proposed water rate adjustment. 2. PUBLIC HEARING - EXPENDITURE PLAN - STATE AND FEDERAL AWARDED GRANT FUNDS. RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the Hearing. Amend the 2005-06 City budget to include appropriation of funds to be received from the State Citizens' Option for Public Safety (COPS) Program and the justice Assistance Program QAG) and approved the proposed expenditure plan and purchases. The anticipated funds from these two programs are $118,951 . 3. 2005 GENERAL PLAN ANNUAL REPORT. RECOMMENDED ACTION: Receive and file the 2005 General Plan Annual Report. 4. ADOPTION OF LOCAL CEQA GUIDELINES - 2005 REVLON. RECOMMENDED ACTION: Waive further reading and adopt Resolution No. 05-C adopting the "Local Guidelines for Implementing the California Environmental Quality Act (2005 Revision)". 5. APPROVAL OF FISCAL YEAR 2005-06 CAPITAL IMPROVEMENT PROGRAM AND BUDGET. RECOMMENDED ACTION: Approve the proposed Capital Improvement program and budget for fiscal year 2005-06. 6, PROPOSED ORDINANCE CONCERNING THE REGULATION OF THE SALE AND DISCHARGE OF FIREWORKS WITHIN THE CITY OF AZUSA. RECOMMENDED ACTION: Waive further reading and introduce the proposed Ordinance amending Chapter 30 of the Azusa Municipal Code by restating in their entirety Divisions 1 and 2 of Article IV of Article IV of Chapter 30 concerning the regulation of the sale and discharge of Fireworks within the City of Azusa. 10/17/05 PAGE THREE D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. /f Counci/members or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CAII ITEMS. I . APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF OCTOBER 3 20059 THE ADIOURNED MEETING OF SEPTEMBER 12, AND THE ADIOURNED/SPECIAL MEETING OF SEPTEMBER 26, 2005. RECOMMENDED ACTION: Approve Minutes as written. 2. WARRANTS. Resolution authorizing�,pa ment of warrants by the City. RECOMMENDED ACTION: Adopt Resolution No. 05- � 3. PURCHASE OF TRANSFORMER ENCLOSURE COVERS. RECOMMENDED ACTION: in accordance with Section 2-518(b), under Article VII, Bidding and Contracting, of the Azusa Municipal Code, approve the issuance of a Purchase Order in an amount not to exceed $16,400 to Jensen Precast for the purchase of 24 Bird Transformer Enclosure Pad Tops and Diamond Plate Covers. 4. PURCHASE OF WOOD POWER POLES. RECOMMENDED ACTION: In accordance with Section 2-518(b), under Article VII, Bidding and Contracting, of the Azusa Municipal Code, approve the issuance of a purchase order to North Pacific Group, Inc. in an amount not to exceed $16,920. 5. AWARD OF CONTRACT FOR THE CONVERSION OF SIX NEW POLICE VEHICLES. RECOMMENDED ACTION: Approve the contract for installing all of the emergency safety equipment on six new police vehicles to 10-8 Retro Fit, 1911 McKinley Ave., La Verne, CA 91750 in the amount of $17,685.67. 6. COGNOS COMPUTER SOFTWARE MAINTENANCE CONTRACT RECOMMENDED ACTION: Waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section C, no competitive market, which allows for proprietary services that can only be provided by one source, approve the software maintenance and support contract from Cognos, in the amount of $10,727.58. 7. APPROVAL OF BUDGETARY STAFFING TO ALLOW THE POLICE DEPARTMENT TO TEMPORARILY EXCEED HIRING POSITIONS BY TWO (2) SWORN OFFICERS. RECOMMENDED ACTION: Due to injuries/illness and pending retirements it is recommended that City Council approve the proposal to permit the City Manager to temporarily exceed budgeted staffing in the Azusa Police Department by two (2) sworn officers. 10/17/05 PAGE FOUR THE CITY COUNCIL TO RECESS AND REDEVELOPMENT AGENCY TO CONTINUE E. AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed RECOMMENDEDAGENCYACT/ON wi//Ge enacted with one vote. ff Directors or Staff wish to address any item on the Consent Calendar individua0y, it will be considered under SPECIAL CALL ITEMS. 1 . APPROVAL OF MINUTES OF THE REGULAR MEETING OF OCTOBER 3, 2005. RECOMMENDED ACTION: Approve Minutes as written. 2. PROFESSIONAL SERVICE CONTRACTS QUARTERLY REPORT FOR PERIOD IDLY 1, 2005 THROUGH SEPTEMBER 30, 2005. RECOMMENDED ACTION: Receive and file report. F. ADIOURNMENT 1. Adjourn to Thursday, October 20, 2005, to Memorial Park, at 6:00 p.m. to hold a joint meeting with the Azusa Park and Recreation Commission. UPCOMING MEETINGS: October 20, 2005, Joint Council/Park and Recreation Comm. Meeting October 24, 2005, Utility Board Meeting October 24, 2005, City Council Workshop - Kincaid Pit - immediately following the Utility Board meeting. November 4, and November 5, 2005, Goal Setting Workshop November 28, 2005, Block 36 Workshop In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a citymeeting,please contact the City Clerk at 616-811-5219. Notification three (3) working days prior to the meeting when special services are needed will assist staffin assuring that reasonable arrangements can be made to provide access to the meeting 10/17/05 PAGE FIVE W,4teer 4r 6-r �4 f4-U(07-411'A 'V j1[GL1 T�j .zOQJ� llndertthercurrent-language of-BMP{i_l,, metering at uniform rates, which charge the same amount for each gallon used, is one form of conservation pricing, because it provides incentives for customers to reduce average levels of use. However, discussions are under way to revise the definition of this BMP,so that utilities would be required to regularly review the feasibility of moving to more aggressively conservation-oriented rate structures. horemost-among-these-ism increasing_bl--oc-k-rate-R-BR)r-or tiered,-pri�cingyhich-charges higherTratess foE,l#iigherzlevels o -usex. A less common alternative, sometimes practiced in combination with IBRs, is seasonal pricing, under which rates are increased during the hot summer months of peak demand. IBRs are particularly attractive, because they seek to balance the incentive effects of higher water rates with their potentially negative distributional consequences. In general,water use increases with income, because higher-income households have larger lots and more water-using appliances. Tiered rates keep water for basic uses most affordable while encouraging conservation above those levels (for instance, for outdoor uses). By the estimates of one utiliry—the Irvine Ranch Water District in Orange County—an IBR policy combined with outreach reduced use by 12 percent(Gleick et al., 2003). Recent research suggests that 01-consumers' ensitivity to water price changes rises considerably under IBR systems, making this a very important policy tool for conservation (Cavanagh, Hanemann, and Stavins, 2002; Dalhuisen et al., 2003). Industry analysts stress additional benefits from reduced operating and development costs (Chesnutt and Beecher, 1998). The+early=1,99Qs.drought-promptedta:marked-shift-from-unifor-m rate, strut-tures toward-intreasinThlb`ck.raee'pricing:(Figure 2.3). Since the mid-1990s, however, there has been little further movement and, indeed, occasional backsliding to uniform rates. Progress away from nonmetered rate structures has been very limited and more recent. A handful of utilities still engage in the reverse of conservation pricing by providing quantity discounts for higher volumes of use with declining block rates. Because sorqe of the-largesoutilities-have-adopted,increasing-bloc-k, rates-roughlyLhslf-ofrthe-state'spopudaeion-now facesthis-ty-PC ofa conservation-prici g.(Table 2.2),versus only 7 percent without meters and 1 percent with declining rates. However,within the Sacramento 14 70 ---- Uniform rates 60 — Increasing block rates -- Nonmetered rates m 50 —•- Declining block rates d __ ____ 6 40 `o m to 9 30 c 2 v a 20 10 0 ._._ ...— _._.— _ _.— —._ _ 1991 1993 1995 1997 1999 2001 2003 SOURCE: Author's calculations using survey data from Black and Veatch(1991-2003). NOTE: The:charl,reports:theshans,of utilil es-with-eachhrate structure ttotal=,100% , using-data-fronr214-utilities present-in-the survey-in all years. Figure 2.3—Utility Rate Structures in California, 1991-2003 Table 2.2 Percentage Distribution of Rate Structures Across the Population, 2003 Declining Nonmetered Uniform Increasing Bav Area 0 1 57 42 Central Coast 3 0 40 57 Southern Coast 0 0 36 64 Inland Empire 0 0 57 43 San Joaquin Valley 6 55 25 13 Sacramento Metro 0 35 40 25 Rest of the state 2 10 65 22 California 1 7 43 50 SOURCE: Author's calculations using utility survey data from Black and Veatch (2003). NOTES: Some rows do not sum to 100 because of rounding. The sample includes 384 utilities. The sample population covers 88 percent of the statewide total in that year. Coverage was lowest in the San Joaquin Valley(63%)and counties in the rest of the state (49%). Nine utilities with increasing block rates also use higher summer rales,as do three utilities with uniform rates. 15 2 OCTOBER 17, 2005 WATER RATE INCREASE HEARING BEFORE THE AZUSA CITY COUNCIL r� Testimony of Bill Robinson before Hon Mayor449and members of the Council I Am of the 1100 block of East Louisa Avenue, West Covina, CA 91790 I am testifying tonight in my capacity as a private citizen, and not as a representative of Upper District. *As you know, So. California faces a chronic, continuing water shortage due to the current rapid population growth combined with a relatively static sources of water supplies. I came tonight to discuss the Tiered method of pricing you have displayed on your Website under the 2005waterrate_survey. This is a good far-sighted idea. (Additional parts of the cause of this problematic situation consist of at least two reasons: 1). Oversubscription of the Colorado River, wherein some day soon California may be called upon to share in the water shortage of the Western US region and 2). The potential unreliability of the State water project due to the dilapidated condition of the Sacramento Bay Delta levees.) *Locally, we are blessed with greater water resources than the average due to the Main San Gabriel Groundwater basin. (I understand most of your wells are located in the smaller sub-basin and the intermediate basin.) This blessing of a large groundwater basin doesn't mean that we don't have an ethical duty to participate in, and apply water conservation methods to help out the region. *One solution to this problematic situation would be for many of our Valley's large water companies, such as Azusa Water Company to adopt, Or continue increase emphasis on a water conservation pricing policy. I came here tonight to make such a request. *Rate payers, who act in a conservation minded manner should benefit financially for their efforts through lower rates, compared to their water wasting neighbors. A fair formula needs to be devised to apply to different sizes of families, many different residential and zoning situations. All types of property needs to be able to achieve a conservation goal set my you, hence receive a rate cut benefit. Many water companies disapprove of this rate method because conservation of water on the part of the public usually cuts a water company's revenue,but on the plus side: This policy always leads to water conservation by the community. See: http://www.ppic.oi-2/content/pubs/R 705EFIR.pdf A Report on the Internet by Ellen Hanak Water for Growth: California's New Frontier, 2005 The first major section of the report, following an introduction and background discussion of water resources management and sustainability, highlights seven • u �'9lIPLA�f PUBLIC HEARING TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIEq� VIA: F. M. DELACH, CITY MANAGER fV,,&O DATE: OCTOBER 17, 2005 SUBJECT: WATER RATE ADJUSTMENT RECOMMENDATION It is recommended that the City Council conduct a Public Hearing to consider a 3% increase in water utility rates (excluding contract water rates) effective for all bills rendered on and after November 1, 2005, and then adopt resolution approving the proposed water rate adjustment. BACKGROUND The Water utility in general is a very capital intensive operation. Its infrastructure is primarily underground pipelines which are expensive to install and replace in terms of both labor and material costs. The operation and maintenance of the distribution system involves compliance with health regulations that have driven up the costs in recent years for labor and materials. The third cost component in water utility is for water production — energy to produce and treat the water and cost of purchasing replacement water. Azusa water rate structure is designed to cover all of the above mentioned cost components with the exception of the cost of purchasing replacement water, which is covered by a surcharge component imposed on the rate structure and referred to as the Replacement Water Cost Adjustment. Factor or RWCAF. This RWCAF is adjusted annually based on rainfall and how much water can be safely pumped out of the Main San Gabriel Basin; this safe pumping amount is otherwise known as the Operating Safe Yield. By far the largest impact to Azusa's water rate is the cost of supporting capital improvements. Traditionally, Azusa has financed capital improvements from its operating incomes by applying a long-term interest rate to the amount spent on capital improvements over the past two years. Combined with cost-of-living adjustments and other operating cost increases, staff is projecting that about $411 ,800 is required in additional fee revenue to maintain the water utility system and to pay for improvements made during this past two years. Staff is recommending a 3% across-the-board increase to all retail water rates effective for all bills rendered on and after November 1 , 2005. This represents an increase of $0.71 per month to the average residential customer. in comparison with other neighboring water utilities, Azusa will remain the lowest cost water service after the proposed adjustment of 3%. Please see attached chart for cost comparison. FISCAL IMPACT The recommended adjustment of 3%will increase water revenue by approximately $411 ,800 annually. The estimated revenue to General Fund in the form of Franchise fee and other charges will be about $42,000 annually. Attachments M NO Reso-Water Rates L&WRules& OSWaterRateSurvey 200SWaterRateSury 10172005.doc Reg-Water Rate Adj- Am ey-revixs RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE SCHEDULE OF WATER RATES AND CHARGES FOR THE AZUSA LIGHT AND WATER DEPARTMENT. WHEREAS, pursuant to Section 78-36 and Section 78-37 of the Azusa Municipal Code, the rates and charges of the City of Azusa water utility are set by a Resolution passed by the Council; and WHEREAS, pursuant to Section 15079.1 of the guidelines for the implementation of the California Environmental Quality Act (CEQA) stipulates that the review provisions of CEQA do not apply to matters of government finance when the funds are for (1) meeting operating expenses; (2) purchasing or leasing supplies, equipment or materials; (3) meeting financial reserve needs and requirements; and (4) obtaining funds for capital projects necessary to maintain a service within existing service areas; and WHEREAS, the City of Azusa has a need to review the schedule of rates and charges for the City of Azusa's Water Utility; and WHEREAS, the City of Azusa has provided public notice by direct mail to each customer of the City of Azusa's Water Utility 45 days in advance of this public hearing to consider a 3% increase in water rates; and WHEREAS, the proposed revisions by nature pertain to government finance in meeting operating expenses and obtaining funds for capital projects necessary to sustain and maintain water service within existing service areas. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City's schedule of rates and charges for its Water Utility are hereby amended to read as on Exhibit A which is attached to this Resolution and made a part of it; and Section 2. The review provisions of the California Environmental Quality Act do not apply to these amendments; and Section 3. The amended rates and charges of the City of Azusa Water Utility shall take effect for all bills rendered on and after November 1, 2005; and Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF OCTOBER, 2005. MAYOR 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 17TH day of OCTOBER, 2005 by the following vote of the Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: City Clerk EXHIBIT "A" PROPOSED WATER RATE SCHEDULES Attached rates reflect a 3% increase where indicated by strikethroughs. OCTOBER 179 2005 WATER RATE SCHEDULE EFFECTIVE NOVEMBER 1, 2005 (Adopted by Resolution No. ) The following schedule of rates is fixed and established as the rates to be collected by Azusa Light & Water for supplying water to its customers within the certificated service territories of the City of Azusa: A. METER SERVICE CHARGE: The basic monthly meter service charge for�,,ate supplied to domestic, commercial, industrial, and municipal customers 6t''AzusaLight & Water shall be as follows: 4FA Service Size onthl Char e 1*1 Z111 5/8 /a>, $ 1-156 1„ I20_11 F. R. 1.5" 3SS3) ,36.93 2" 5a `59..04 3" 4" 181.7,TP 6" X8.91 32025 8" 449.78 40.27 10" 588.79 606.45 12" 757.90 EFFECTIVE 11/1/2005 Water Rate Schedule- 1 Water Rate Schedule (continued) B. COMMODITY CHARGE: The commodity charge is measured in increments of cubic feet. One cubic foot is 7.48 gallons of water. Each unit of water is billed as 100 cubic feet or 748 gallons. One hundred cubic feet is commonly referred to as CCF. Each meter size is allotted a quantity of water considered to be average for that size of service, units in excess of that allotment represents a heavier use of the facilities of the water system, and therefore are billed according to the commodity rate schedule. Service Size Units, "'i Rate (per CCF) 5/8" —3/4"— 1" 0-17 cccf $0.799 0.822 >iT ccf $1.30 1.5" —2" 0-50cc1 U_ s� 0830 > 50 ccf Y- 4" 0-200 ccf } ._. $9.799 $0.822 > 200 ccf $1-26 1.30 6" — 12" 0-600 ccf $9-798 0.822 > 600 ccf $}-:26 1.30 Golf Course all, $9:94 $1.01 w � C MI1VIMiJ1VI CHARGE: «k The mlmmum charge shaltbe the monthly meter service charge. D SER CE,CHARGE: ` iVi,, nti Fire service�eoections are provided for fire protection only. If a fire service is used for'any,purpose other than for fire fighting, a minimum charge of $56.69 58.40 shall be assessed in addition to the commodity charge for the actual amount of water used. If a fire service customer uses a fire service for other than emergency fire fighting repeatedly, the customer, upon notice of the water utility manager, may be disconnected from service for violation of the intended use of a fire service connection. The Monthly Charge for such service shall be$7,94$8.18 per pipe diameter-inch. EFFECTIVE 11/1/2005 Water Rate Schedule-2 Water Rate Schedule (continued) E. LIFELINE RATE: Upon written application to Azusa Light & Water, a water customer who meets the following standards is eligible for a " $2.20 discount from the basic monthly meter service charge. The Lifeline Rate may only be extended to City of Azusa residents. 1. The customer must be either: a. 62 years of age or older; or b. Disabled within the definition o£='20 C.F.R. 404. 505 and presently is receiving disability Soci4Security benefits. 2. The customer must be a residenof a single family dwelling nit with a water meter no larger than 3 � r c 3. The customer shall hav .been a wateustomer at the service address for at least the previous 12= ant s prior to the application for the lifeline rate. 4. The customer's householdamcome is at r belo 60% of the Los Angeles County median income level 5. Low-income customers WMho, 7,,'jualify for the lifeline rate shall re-apply every 12 months. F. SPECIAL ZONE RATE: ,, jA £ The City of Azusa Light & Water has defined a special distribution zone rate to recover costs:,,,�identified. with the service associated with that specifically designated service area. For water supplied to this defined area, the charges shall bedouble the above applicable rates. The area was specifically designated through an agreement between the City of Irwindale and the City of Azusa, wherein,_the City of Irwindale requested the City of Azusa extend its water utility service into.the City of Irwindale in order to provide water service to those special customers=rnthe City of Irwindale. This rate applies to water customers with accounts specially coded for that purpose. EFFECTIVE 11/1/2005 Water Rate Schedule-3 Water Rate Schedule (continued) G. MULTIPLE DWELLING UNIT CONNECTION RATE: If one meter connection serves two or more separate dwelling units, stores, shops or other concerns doing business separate and apart from each other, whether in the same building or not, the first unit is charged the basic meter service charge, billed by the meter size rate; all additional units, stores, shops or other concerns are billed at the lowest meter service charge rate above. H. REPLACEMENT WATER COST ADJUSTMENT ACTOR (RWCAF): The Replacement Water Cost Adjustment Factor, ay�been:established to recover the costs of imported water required to fulfill a waterts stems requirements under the judgment of the adjudicationi.4 the Main `San Gabriel Basin Watermaster. Each year in May the-4,Main San Gabriel B sin on recommends to the Superior Courts:o 61ifornia the adoption o a basin safe yield. Said safe yield fluctuates annually from a hist c low of 140,000 acre feet of allowable extraction to a historic high-,-of�2 000`"acre feet of extraction. This variable results in fluctuations of purchasedJmported water requirements for the City of Azusa. When the safekyteld is high the RWCAF is reduced, and when the safe yield is low the RWCAEF s set higher The Azusa Light & Water shall determine the;R CAFpursuant to the following methodology prior to the beginning o -each ye 1f r the City of Azusa's water system. The Director of Utilities shall notify the City Council of the new RWCAF. It shall be applied to all ater bills beginning the first billing cycle of the new fiscal year. 1.; Determine .Azusa's Integrated Production Rights (R) for the following fisbil year based on the Safe Yield declared by the Main San Gabriel ' BasinWatermaster in the spring of each year. �. Project Azissa's total water production (P) based on estimated sales (S) in units (CCF-),of water, for the following year. 3. De ive�the'amount of Replacement Water (W) required by subtracting (R) from (P)" a 4. Denve costs ($) associated with (W) from the Main San Gabriel Basin Watermaster which include replacement water costs from the responsible agencies, administrative charges and in lieu fees. 5. Derive RWCAF by dividing ($)by (S). 6. If the RWCAF is less than $0.01/CCF, then apply $0.01/CCF commencing in July until the month ($) is attained, than discontinue the charge. EFFECTIVE 11/1/2005 Water Rate Schedule-4 Water Rate Schedule (continued) Nothing in this section is meant to preclude the Director of Utilities from practicing sound ground water management activities. Each year the RWCAF is set independent from cyclic storage and conjunctive use of ground water which is managed separately, and for the benefit of the public utility. I. WATER SYSTEM DEVELOPMENT FEE: The City of Azusa adopted an Ordinance in 1988 creating a Water System Development Fee. The City Council determined that future development within the water system service area would result in increased demands that would exceed the capacity of the existing water system. The Water System Development Fee was created to fund 1 e cost of the future water system improvements and is imposed upon futu" evelopment within the water system service area. Land Use Category Develooment Acres Per Acre $ Per Unitv/SF/AC Residential Single-Family 620 8,903.00 $1,483.90/Unit Residential Multi-Family 38 .$1`5,207.00 $950.45/Unit Commercial-Low 958 $6j824.00 $0.68/SF Industrial 667 $7,344.00 $0.29/SF School8.7 $5,751.00 $5,751.00/AC Park 184 $2,632.00 $2,632.00/AC J. WATE SYSTEM A XATION FEE: The,Qty of ANA a adopted an Or 'nance in 1996 creating a Water System Annexat1o31 Fee o allow propertiesoutside the existing service area to be served by the exlstingwater s stem. La se ate or Deelonment Acres Per Acre $ Per Unitv/SF/AC ResldentlaBingle-Famlly M' 620 $3,879.00 $646.57/Unit � . Residential�Multi-FamllyJ 38 $6,626.00 $414.13/Unit Commercial L6W 958 $2,973.00 $0.29/SF Industrial 667 $3,200.00 $0.12/SF Park 184 $1,147.00 $1,147.00/AC School 8.7 $2,506.00 $2,506.00/AC K. CHARGES FOR OUTSIDE CITY LIMITS: For water supplied by Azusa Light & Water for use outside the incorporated limits of the City, the Charges shall be double the applicable rates within the incorporated limits of the City. EFFECTIVE 11/1/2005 Water Rate Schedule-5 Water Rate Schedule (continue) L. FIRE SERVICE INSTALLATION CHARGE: Estimated fire service connection charges, including Double Detector Check for installation of fire protection laterals, includes labor, overhead, equipment and materials. The City will be responsible for installation of Double Detector Check assembly. In the event the estimated charge is more than the acual cost of installation, the applicant will receive a refund. If the deposit is lessn an"the actual installation cost, the applicant will be billed for additional charges Lateral SizeTotal Deposit 10" x 6" $ 6800 10" x 8" �� $ 7,900` 12" x 6" $ 8a600" 12" x 8" ° $ 8 600 10" x 10" $10,000 M. FIRE HYDRANT INSTAL ,rATION_GIIARGE: Estimated fire hydrant installati n h ge for 'nsttaaIling fire hydrants will include labor, overhead, materials and equipment. In the event the estimated charge is more than the actual cost of installation, the applicant will receive a refund. If the d posit is less than the actual installation cost, the applicant will be billed for additional'charges. 4' Materials/Labor Total Deposit 12' Main or less $5,000 EFFECTIVE 11/1/2005 Water Rate Schedule-6 Water Rate Schedule (continued) N. DOMESTIC METER INSTALLATION CHARGE: Charges for installation of meters include labor, equipment and materials and overhead. An estimate of installation charges will be determined by the Utility and a deposit in that amount will be required prior to commencement oMnStallation. OF In the event the estimated charge is more than the actual cost of installation, the applicant will receive a refund. Should the deposibey]esv�t .,ar�n the actual installation cost, the applicant will be billed for,t e$additional barges. O. RESIDENTIAL SERVICE WITH FIRE SPRINKLER SYS . M: The following three rate component shall be applied t;residential propeties that are required to have fire sprinkler systems;-where nchrpropeities: (1) ha a lot sizes less than one-quarter of an acre (10,890 square feet); and (2) have an actual meter service that is larger than Monthly Char 1. Meter Char e: $?-9-52 20.11 2. Commodity Char e: Units (cf='100 cubic f t) Rate (ver ccf) 0-17 cc $0.798 $0.822 17 c $146 $1.30 3 ,,Fire Service Charge: 8.18 per pipe diameter inch e I EFFECTIVE 11/1/2005 Water Rate Schedule-7 2005 Water Rate Survey Claremont 95.13 San Dimas $95.13 Glendora $83.90 La Verne $77'10 Covina(Suburban) _ _ $76.60 Rowland 1$74.15 V West Covina $72.52 C C! _ Q Monterey Park ___ $60.30 Duarte $59.44 Alhambra $59.38 Covina 1 $53.64 Monrovia .___. $52.04 Azusa (proposed) $51.07 Azusa (current) $49.57 $0 $20 $40 $60 $80 $100 BI-Monthly Cost of 17 ccf Water Utility Service Rates Survey on August B 2005 (Highest to Lowest) Typical Monthly Bill Rate Changed Typical Monthly as Meter Period Service Zone Tariff Area or Typical BI-Monthly BIII as of August 1,05from Jure 03 of Jure 09 Rank Nency Size Charter Unit Rate Per cel Tiered Rates Agernqr Billing Period @17 ccfhno f317 cd/mo Survey 017 ccf/mo %Chan e 1 So Cal Water San Dimas 3rd' $20.45 $1.5950 Flat Monthly $95.13 $47.57 x 542.81 11.111Y. 2 So Cal Water Claremont 3/4' $20.45 51.5950 Flat Monthly $95.13 547.57 x 545.76 3.94% Zoned Lov,..$1.26;High 3 C' of Glendora 3/4" $30.52 $1.57 AVG 2 $1.88/cd Bi Monthly $83.90 541.95 x $27.54 52.32% Zoned.Consumption unit Is IODO gal,not cd.AVG 4 Cily of La Verne 1 3r4' $17.60 $1.75/IODO gal, Is$1.75/1000 al. Bi Monthly $77.10 $38.55 N/A i Suburban Water System 5 Covina 3W $12.29 $1.53 Flat Monthiv $76.60 $38.30 x $36.65 4.50°/ Zoned Low$1.46;High: 6 Rowland Water District 3'4' $16.35 $1.70 AVG 2 $1.94/cd Bi Month $74.15 $37.08 N/A 2 Suburban Water System Zoned Low.$1.331; 7 West Covina 3f4' 572.29 $1.41 AVG 2 High:$1.479 1 cot Monthiv $72.52 $36.26 x $31.15 16.42% Tiered $10.60 min. $1.15:7-20 cd 8 City of Montero Park 3.4• ind.6 cel $1.15 for 7.20 cels $1.51: >20 ecf Monthly $60.30 $30.15 x $28.05 7.49% 9 Cal Am Water Cc(Duane) 518' $18.64 $1.20 Flat Bi Monthly $59.44 $29.72 x $29.80 -0.27% Tiered Tiered $1.34: 0-12 col $1.34: 0-12cd $1.42: 1320 od $1.42: 13-20 cd 10 Cqy of Alhambra 5r8' $11.50 $1.46: 20.cd $1.46: 20+act Bi Monthly $59.38 $29.69 x 1 $24.64 20.50% 11 Cily of Covina 3r4' $22.02 $0.93 kcf Flat for bntown BI Monthly $53.64 $26.82 x 526.07 2.87% 12 C d Monrovia 3r4' $6.30 $1.16 Flat Monthly $52.04 526.02 $28.02 0.00% Tiered Tiered .. . $082: 0-34 ccf $0.112: 0.34cM 13 City Of Azusa(proposed) 3/4" $11.56 / $1.30: >34 cd $1.30:'>34 cotJIManthlyffilMoruhly Monlhiy/BI Monthly,. $SL07 . 525.59524.82 9% Tiered Tiered , .$0.798: 0-34M " $0.796: 0.34 cof14 CIi Of AzU$a current 3/4' .$11-22 $1.26: >34 cot $1.26: X34 eof $49.57 $24.]9 E24.82 -0.14% Nde: (1)There was no change in to Varna', is from prior period;this period,DeM Svc It$16 was dropped from consideration;average rates for consumption were also calculated di8erentiy this period. (2)Averages calculated by totaling high and low zones and dividing by 2. v • U woo PUBLIC HEARING TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BOB GARCIA, ACTING CHIEF OF POLICE VIA: F.M. DELACH, CITY MANAGER/It' v DATE: OCTOBER 17, 2005 SUBJECT: EXPENDITURE PLAN -STATE AND FEDERAL AWARDED GRANT FUNDS RECOMMENDATION It is recommended that the City Council amend the 2005-06 City budget, hold a Public Hearing to include appropriations of funds to be received from the State Citizens' Option for Public Safety (COPS) Program and the Justice Assistance Program (JAG) and approve the proposed expenditure plan and purchases in one City Council action. The anticipated funds from these two programs are $118,95 1 . The proposed . expenditure plan is detailed below. BACKGROUND The following expenditures are recommended: State COPS Total Awarded: $100,000 $ 30,160 FAST Program $ 15,000 Management Audit $ 3,000 Cash match for JAG $ 51 ,840 Mobile Computer Program and associated equipment $ 100,000 Total JAG Total Awarded: $18,951 18,951 Mobile Computer Program and associated equipment $ 18,951 Total The exact amounts in each category are subject to change due to fluctuations in pricing. All funds shall be expended for supplemental front line law enforcement services only, as provided by law and mandated by grant guidelines. Foothill Air Support Technical Program (FAST): The City has agreed to continue its participation in the regional helicopter program. Such participation will cost approximately $ 30,160. Management Audit: In order to assess and improve the daily operations of the police department, funds will be used to conduct a management audit. The contracted firm will evaluate management practices and policies, operations, and the impact of these areas on public safety. This in-depth review of how the Azusa Police Department interrelates to produce overall results will provide the best available overview and analysis of how the agency is performing. Anticipated cost is $15,000. Mobile Display Computer Program: We will be utilizing COPS and JAG funds toward the continued upgrading of the Mobile Computer program. We plan to allocate $73,791 toward this transition ($18,951 from JAG and $54,840 from COPS, which includes a $3,000 voluntary match for JAG funds). FISCAL IMPACT: The proposed expenditures will be funded solely by grant awarded funds and will not utilize any general funds. JAG is a reimbursement grant. CITY OF AZUSA BUDGET AMENDMENT REQUEST (New Appropriation) Department: Police Fiscal Year: 05/06 'Round to the highest$10 Requested by: E. Wanstrath Date: 10-17-05 PROJECTED EXPENDITURE (S): FUNDING SOURCE: Account# Prolect# Amount` Account# Proiect# Amount` 26-20-310-000-6493 45,160 26-20-310-000-4540 100,000 26-20-310-000-7142 54,840 ' 5 Total: 100,000Total: 100.000 Reason for Amendment: Brulte/COPS Funds (SLESF) Impact on other programs: NONE-Grant Funds specifically for police use Amendment to cover expenditure of new funds received in 05/06; Public Hearing and Council approval on 10-17-05 to cover Police management audit, helicopter services and purchase of ruggedized laptops/assoc equip/services OTE:J.Amendments of$25,000 or less require approval of Me Finance Director. 2.Amendments betvreen$25,000 and$100,000 require approval of the City Manager and Me Finance Director. 3.Amendments beMeen$100,000 and$1,000,000 require adoption of a resolution by City Council. 4.Amendments of$1,000,000 shall be approved by C Council f.1lowna a public headn . APPROVAL FINANCE ONLY Department Head: Date: Processed By: Date: Finance Director: Date: GL Batch: GL Budget Ref: City Manager: Date: JL Batch: JL Budget Ref: Council Approved on: CITY OF AZUSA BUDGET AMENDMENT REQUEST (New Appropriation) Department: Police Fiscal Year: 05/06 *Round to the highest$10 Requested by: E. Wanstrath Date: 10-17-05 PROJECTED EXPENDITURES : FUNDING SOURCE: Account# Project# Amount` Account# Project# Amount* 28-20-310-051-7142 18,951 , 28-20-310-051-4560 18,951 i Total: 18.9511' Total: 18.951 Reason for Amendment: JAG 2005 Impact on other programs: NONE-Grant Funds specifically for police use Amendment to cover transfer of funds for purchase of ruggedized laptops, associated equipment and services; Edward Byrne Memorial Justice Assistance Grant is a reimbursement grant approved by Council 7-5-05 OTE:I.Amendments of$25,000 or less require apPreyal of the Finance Director. 2.Amendments bebyeen$25,000 and$100,000 require approval of the City Manager and the Finance Director. 3.Amendments between Voodoo and$1,000,000 require adoption of a resolution by City Counul. 4.Amendments of$1,000,000 shall be aPoroyed by City Council follominot a Dublic hears ng APPROVAL FINANCE ONLY Department Head: Date: Processed.By: Date: Finance Director: Date: GL Batch: GL Budget Ref: City Manager: Date: JL Batch: JL Budget Ref: Council Approved on: ¢ sop U V .�gjr�R�P AGENDA ITEM TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: BRUCE COLEMAN, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT VIA: F.M. DELACH, CITY MANAGERMD DATE: OCTOBER 17, 2005 /I SUBJECT: 2005 GENERAL PLAN ANNUAL REPORT RECOMMENDATION: It is recommended that City Council receive and file the 2005 General Plan Annual Report. BACKG ROU ND/DISCUSSION: The attached Report is the first annual report on the status of the new General Plan. It reviews the status of each of the Elements comprising the General Plan. The Annual Report is prepared partly in response to state law requirements. More importantly, it is an attempt to create greater awareness of the progress being made toward the implementation of the General Plan. This report focuses on the period of time for the fiscal year 2004-2005. There were no General Plan amendments during this timeframe. Projects that were approved, ordinances that were adopted, and studies that were completed or underway during the year are mentioned in the report. FISCAL IMPACT: This report is presented to the City Council for information purposes. There is no fiscal impact. ATTACHMENTS: 2005 GENERAL PLAN ANNUAL REPORT City of Azusa 2005 General Plan Annual Report ' Sa Ft 1 Tt Y ' �i.Jrx�vn ve } "'DJ.Ti✓� 1 '%.��y.�' C .. 4 S +• N July 1,2004 to June 30, 2005 Prepared BY Planning Division Emnomic and Community Development Department September 22,2005 ity ofAzusa Gen—II'. Pan 2005 Annual Report Table of Contents Introduction 5 The Built Environment 7 Land Use 7 Urban Form 13 Mobility 16 Housing 18 Historic/Cultural Resources 20 Infrastructure 21 Economy and Community 24 Economic Development 24 Public Services 26 Natural Environment 28 Recreation 28 open Space and Biological Resources 29 Geology Hazards 30 Mineral Resources 32 Air Quality 32 Noise 33 2005 General Plan Annual Report Page 3 Annual Report on the Status of the Azusa General Pian July 1, 2004— June 30, 2005 Introduction On April 19, 2004,the City of Azusa adopted its first major General Plan update in more than 20 years.The General Plan was the result of four years of active participation by thousands of Azusans. From the beginning,the City Council set a higher goal than just rewriting the old plan.Their aim _was to involve hundreds of active citizens in charting our community's rebirth. This ambitious effort was launched during the annual Golden Days Festival in October 1999. Hundreds of residents ' from all backgrounds and walks of fife participated in the Future "sa Fiesta,taking the first step toward a new vision for their community. That led to the first Citizens' Congress in May 2000, where participants created a statement of common values as the foundation for a new General Plan. Purpose of the Annual Report The Govemment Code requires cities to prepare an annual report on the status of the general plan and the progress made toward implementing its goals, policies and implementation programs.This report represents the first annual report on the progress of the new General Plan. It reviews the status of each of the Elements comprising the Azusa General Plan.The timeframe of the report is fiscal year 2004-2005. This Annual Report is only partly in response to state law requirements. More importantly,the Report is prepared In an attempt to create greater awareness of the official"vision for the future"crafted by the Citizens' Congress through the goals, policies, and implementation programs in the General Plan. Close monitoring of the General Plan will provide the citizens and the City Council with information about achievements in implementing the Plan, and will serve as the basis for deciding whether to"stay the course'or to consider revising the Plan. Format of the Annual Report The Report lists the General Plan goals organized by the three"Elements of Place°-The Built Environment, Economy and Community, and the Natural Environment—and their sub-elements (Land Use, Urban Form, Mobility, etc.). Following each goal is a brief description of the progress made toward achieving the goal. In some instances,the Report identifies policies or implementation programs that have not been accomplished because of the lack of resources or because of changing circumstances. In the case of the latter,the City Council must consider whether to amend the respective goals, policies or programs. 2005 General Plan Annual Report Page 5 Vision for a Brighter Future(excerpt from the General Plan) '(hit of our active involvement,we have shaped a proud vision of Azusa as The Gateway to the American Dream.' Above,this is a vision of opportunity—the opportunity for our community to draw on our rich heritage to grow and prosper,the opportunity for families to grow and prosper, and the opportunity for businesses and institutions to ,. grow and prosper. MATURE We will protect our unique environment by restoring our river,canyon,and foothill areas and pursuing a greener and more sustainable m } relationship with nature throughout Azusa NEIGHBORHOODS:We will preserve our small town atmosphere with a community fabric of healthy and welcoming neighborhoods. COMMERCE:We will support economic vitality by creating and sup- porting mixed-use districts for workplaces and stores to flourish. MOBILITY: We will put people first by calming traffic,improving connections, and encouraging walking,biking and public transit. FAMILIES:We will sustain our human connections with active support for the environments and institutions that strengthen family lite. LEARNING:We will provide citizens of all ages with opportunities to advance through education. HISTORY. We will respect the legacy left us through the six thousand years that people have called Azusa home. nity.' PARTICIPATION:We will continue to actively engage the citizens of Azusa to plan the future of their commu- Format of the Azusa General Plan The General Plan covers the seven State-mandated elements as well as the optional elements,organized into three key themes or'Elements of Place": • The Built Environment • City Design establishes policies for land use and urban design at the citywide scale. • Land Use establishes land use classifications and governs scale and intensity of development • Urban Form guides public and private design standards. • Mobility integrates the full range of transportation choices with land uses. • Housing spells out the city's approach to accommodating a full range of opportunities for people to make their home in Azusa.This Element fully incorporates the policies from the Housing Element adopted by the City Council and approved by the State of California in 2001. • Historical and Cultural Resources seeks to preserve Azusa's historic and cultural resources through adaptive reuse. • Infrastructure ensures sound planning for utility and other public services including water,electric- 4,storm drains,sewers,etc. • Economy and Community • Economic Development promotes a balanced and prosperous climate for compatible business activity and jobs. • Public Services covers the protection of public health and safety,assisting individuals and families in need and promoting life long learning. • Natural Environment • Open Space and Biological Resources outlines sustainable management of our natural re- sources. • Geological Hazards establishes prudent protections against natural forces including earthquakes, landslides,and flood. • Mineral Resources seeks improved management of existing mining operations as well as timely reclamation of blighted landscapes. • Air Quality provides local measures to improve air quality. • Noise details ways to reduce or mitigate noise pollution. Page 6 Planning Division The Built Environment Land Use Element Status GOAL Mynf As m 1) PROVIDE FOR A COMPLETE AND INTEGRATED MIX OF RESIDENTIAL, COMMERCIAL, INDUSTRIAL, RECREATIONAL, PUBLIC AND OPEN SPACE MEETING THE NEEDS OF EXISTING AND FUTURE RESIDENTS AND BUSINESSES. Lq On the heals of the 2004 General Plan, the City I i adopted a new Development Code which implements the Land Use and Urban Form goals of the General Plan. The new Code establishes the system of ` neighborhoods, districts, corridors, and recreation/ ti -r open space. The Code contains land use + � designations and appropriate density and development standards to ensure a balance of land .. uses. It distributes land uses to enhance the City's long-term economic and fiscal well-being, providing for housing units of all types and prices; retail and M commercial uses; employment generating industrial I<?•— —° yo-+ businesses; recreational facilities; governmental services; utilities and infrastructure; institutional and religious; and open space. • The new Code establishes Open Space and Recreation designations that limit new development on undeveloped lands within the canyons, in the foothills, and in the mountains. • The annexation of the unincorporated area of the Monrovia Nursery property located within the City of Azusa's Sphere of Influence was accomplished during this reporting period. Neighborhoods GOAL 2 AZUSA IS A RENEWED COMMUNITY OF BEAUTIFUL HOMES AND STABLE NEIGHBORHOODS PROVIDING A SAFE ENVIRONMENT, GREEN SPACE,AND A BROAD COMMUNITY LIFE. The new Code maps out Azusa's neighborhoods based on a scale of a five-minute walk. It creates the framework for each interconnected neighborhood to eventually develop its own unique character, with some elements in common, such as: a "neighborhood center' that provides a place for neighbors to gather, high-quality new and renovated homes available to a broad range of buyers; single family homes will be the predominate type of housing within the neighborhood, but a 2005 General Plan Annual Report Page 7 mix of other housing types will be permitted if they are compatible in scale and character as the surrounding neighborhood. • The Development Code accommodates the development of multi-family housing and mixed use development along the condors and within mixed use districts. • In the coming years, the City needs to adopt design guidelines that for both single-family residential and multi-family units so they are designed to convey a high level of quality and character, and reflect and complement surrounding neighborhood character. To implement the Design Review process, a general plan implementation program called for a study to determine if the current process, if an Architectural Design Review Board, or a 'City Architect" is the most effective method to assure high quality architecture. The City shall implement the study's findings. Popovlation Growth 49,000 48,520 48,183 48,000 47,168 47,000 c 46,000 R 45,261 c45,000 x4,712 IL 44,000 t 43,000 "" `�= 42,000a 2000 2001 2002 2003 2004 2005 Year Corridors GOAL 3) AZUSA'S CORRIDORS WILL BE TRANSFORMED INTO WELL-PLANNED TRANSIT CORRIDORS, PROVIDING SOME RETAIL AND COMMERCIAL OPPORTUNITIES IN MIXED- USE SETTINGS, PROVIDING OPPORTUNITIES FOR NEW HOMES, AND CONNECTING ALL OUR NEIGHBORHOODS AND DISTRICTS. • The new Development Code puts in place regulations that attempt to strengthen the four corridors (Azusa Avenue South, San Gabriel Avenue, Foothill Boulevard, and Arrow Highway)through: • encouraging mixed-use development where commercial and retail uses are located on the lower floor and residential units are located on upper floors in individual buildings. • encouraging infill residential development in a mixed-use or'single use°setting; • encouraging the recycling of marginal °stand alone' commercial uses into mixed-use settings and infill residential uses; and Page 8 Planning Division • In the coming years, the City needs to adopt design guidelines for commercial, multi- family and mixed-use development to convey a high level of quality and character, and reflect and complement surrounding neighborhood character. The new Code attempts to limit strip commercial zoning throughout all of the corridors through the use of building and parking placement standards, and architectural frontage type standards. Districts GOAL 4) AZUSA WILL HAVE A THRIVING AND WELLBALANCED BUSINESS SECTOR LOCATED WITHIN THREE PEDESTRIAN ORIENTED DISTRICTS THAT PROVIDE DINING, RETAIL, OFFICE, AND ENTERTAINMENT EXPERIENCES, AND ONE INDUSTRIAL(TECHNOLOGY DISTRICT THAT PROVIDES 'TECH —DRIVEN" MANUFACTURING, WAREHOUSING, AND OTHER INDUSTRIAL USES ALONG WITH SUPPORTING COMMERCIAL USES. , The new Development Code focuses commercial activity in four districts: Downtown, University, Edgewood, and West End. • Downtown District is the heart of the City to be anchored by the Gold Line light rail transit station and transit oriented development at the northern end. Downtown will provide a 'distinctive" shopping experience with smaller stores, restaurants, and ~' entertainment, art and cultural events, public plazas and gathering places, all building on the historic architecture in the area. Downtown All emphasize pedestrian oriented commercial and residential uses in a mixed-use setting. • University District will serve residents on the east side of the city as well as the students, faculty, and staff associated with the Citrus College and Azusa Pacific University. This district will be transformed into a pedestrian oriented activity node based on a revitalized Foothill Center and Promenade Center providing full service markets, shopping, and dining experiences. • Edgewood District serves the southern area residents with shopping, dining, and services. The Edgewood District will be an attractive southern gateway to the City. • West End Industrial District will be the main job center and economic base of Azusa providing specialized, technological, and manufacturing employment opportunities and supporting retail and commercial uses. • The new Code and the Monrovia Nursery Specific Plan provide for the development of a Gold Line transit station (to be served by rail, bus, and private vehicles), supporting transit-oriented development including passenger service uses and commuter/residential uses (dry cleaners, bakeries, small grocers, etc.). • Public hearings were occurring during this review period for the creation of a Specific Plan for Azusa 2005 General Plan Annual Report Page 9 Pacific University within the University District r 14'L ��• " I E: j 4 A 4u �t i4'¢ � JKV46ri:. i� v Commercial and Mixed Use GOAL 5) ALLOW FOR AND ENCOURAGE THE INTENSIFICATION OF COMMERCIAL USES IN THE CORRIDORS AND IN THE DISTRICTS TO PROVIDE ECONOMIC STABILITY AND TO PROVIDE RESIDENTS WITH ESSENTIAL GOODS AND SERVICES. • Commercial and mixed-use developments are now accommodated in the corridors and districts. • The Development Code creates a designation for the development of a small retreat/conference center located at the base of Azusa Canyon to serve regional businesses. Conference center would serve those businesses requiring one or two day retreats/ conferences or the general public for weddings, family reunions, and other personal events. Facilities could include meeting/banquet rooms, limited overnight accommodations, meal service, landscaped grounds,trails,etc. Industrial GOAL 6 AZUSA WILL USE ITS ADVANTAGES (TRANSPORTATION ACCESS, AFFORDABLE POWER AND WATER, SAFE NEIGHBORHOODS, PROXIMITY TO NATURAL RESOURCES)TO BOLSTER ITS TECHNOLOGY AND MANUFACTURING BASE AND TO REMAIN GLOBALLY COMPETITIVE. • Industrial development is accommodated in the West End Industrial District To support a competitive manufacturing district environment, the City uses the design review process to encourage industrial buildings to be distinctive, constructed of high quality materials, and be of interesting and strong design. The image of the West End District will be strengthened if all buildings are visually attractive from the street, and from adjacent or nearby properties. Public and Institutional Uses GOAL 7 ENSURE THAT PUBLIC AND INSTITUTIONAL USES SUCH AS GOVERNMENT AND ADMINISTRATIVE OFFICES, RECREATION FACILITIES, CULTURAL CENTERS, AND EDUCATIONAL USES ADEQUATELY SUPPORT THE EXISTING AND FUTURE POPULATION. Page 10 Planning Division • The General Plan supports the continuation of existing public recreational, cultural, educational, institutional and health uses and development of new uses in other areas, in accordance with Land Use Table of the Development Code contingent on City discretionary review and approval, where they complement and are compatible with adjacent land uses. • Permits have been issued, and work has begun to remodel an existing commercial building for use as a dialysis center within the Azusa Avenue corridor. • Evaluate the feasibility of expanding the City Hall complex. Recreation and Open Space GOAL S PRESERVE AND PROVIDE OPEN SPACES FOR CITY'S RESIDENTS THAT PROVIDE VISUAL AMENITY, RECREATIONAL OPPORTUNITIES, PROTECT ENVIRONMENTAL RESOURCES, AND PROTECT THE POPULATION FROM NATURAL HAZARDS. > • The Development Code designates lands for the provision of recreational and passive open space that are sufficient to meet the needs of Azusans. Related to the preservation of open space, the General Plan contains the following policies: • Consider establishing a foothill canyon buffer zone at the edge of the foothills to serve as a transition from the urban to non-urban areas and to provide for both human and animal safety, and plant habitat. • Actively work with the mining companies to develop reclamation and re-use plans that facilitate the environmentally sound and aesthetically pleasing reclamation of their sites. • Actively work with the mining companies to develop reclamation and re-use plans that facilitate the potential for active recreational uses in the detention basins and other quarry oriented sites. • Actively work with the mining and waste management companies to develop a golf course or other recreational open space on its landfill site when the landfill has reached its capacity. • Work with other public, quasipublic, and private agencies to develop open space and recreation amenities (trails, paths, parks, trail heads, etc.) along the river and River Parkway. • Seek the introduction of natural habitat and pocket parks into neighborhoods. • Require developers of any use whose scale may significantly impact existing open space resources to allocate sufficient lands as permanent open space for recreation, visual amenity, and/or environmental resources protection (by dedication, easement, or other City approved technique.) • Provide for the development of additional open spaces for recreational purposes in accordance with the Parks Master Plan. • Provide for the acquisition and development of parks and recreational lands and facilities in accordance with the Parks Master Plan. • Protect the canyons, foothills, and river as open space and environmental resources. 2005 General Plan Annual Report Page 11 Linkage of Development with Supporting Infrastructure and Public Services GOAL 9 ENSURE THAT LAND USE DEVELOPMENT IS ADEQUATELY SERVED BY SUPPORTING INFRASTRUCTURE AND PUBLIC SERVICES. • Plan, implement, and monitor public infrastructure and service improvements necessary to support land uses accommodated by this General Plan. • Require that type, amount, and location of development be correlated with the provision of adequate supporting infrastructure. Land Use Compatibility GOAL 10 ENSURE THE COMPATIBILITY AMONG VARIOUS TYPES OF LAND USES. • The design review, and environmental review (CEQA) processes are being used to require the mitigation of noise, light, vehicular, and other impacts on residential properties in the design of commercial and industrial development. Building and Property Maintenance GOAL 11 ENSURE THE PROPER MAINTENANCE OF BUILDINGS AND PROPERTIES. • The City's Building and Community Improvement Divisions continue to require all structures to be constructed in accordance with City building and other pertinent codes and regulations, including all new, adaptively re-used, and renovated buildings; allowing appropriate exceptions for historically- significant buildings. • The Building Division periodically reviews and update the City's building code, and the Planning Division is preparing an update to the development code and regulations to ensure that they incorporate professionally accepted state-of-the-art standards. • Provide economic assistance, as funds are available, for the improvement of physically deteriorated and blighted structures. General Plan and Development Code Maintenance GOAL 12 ENSURE THAT THE CITY'S GENERAL PLAN AND DEVELOPMENT CODE ARE UPDATED AND MAINTAINED TO INCREASE EFFECTIVENESS. • The Development Code is currently undergoing a review, while this report apprises the Planning Commission and the City Council of the status of the General Plan. • Continue to collect General Plan and other impact fees to pay for the cost of maintaining an up-to- date General Plan, Development Code, and other related plans and documents. • Exclusive of the separate consideration of the potential build-out of the Monrovia Nursery Page 12 Planning Division Specific Plan, as part of the Housing Element update cycle or a threshold of 500 units of new housing in Azusa and its Sphere of Influence, the City shall evaluate corridors zoning and design standards to see if the objectives of the General Plan are being met and if unanticipated issues should be addressed, including nearby usable open space, private space, parking,traffic, school impacts and percentage of owner occupancy of units. Any and all changes needed to address these issues should be taken as appropriate, including, if necessary, modification of the zoning designations, densities, or design standards. A similar evaluation should occur with every Housing Element update cycle or 1,000 units. Urban Form Element Status GOAL 1 PROTECT THE HISTORIC AND SIGNIFICANT BUILT AND NATURAL RESOURCES IN THE CITY. The design review process is used to require — • projects to protect and preserve significant historic buildings and landscapes. During this review period, the City reviewed and considered the removal and/or relocation of the Foothill Drive-in Theater as a part of the APU Specific Plan.. GOAL 2 PROMOTE ENHANCED MOBILITY AND REDUCED CONGESTION THROUGHOUT THE CITY. The City has developed and will continue to evaluate its thoroughfare network to fit specific local streetscape needs and accommodate varying traffic volumes, bicycle travel, and pedestrian needs. GOAL 3 ENHANCE THE LIVABILITY OF MULTIFAMILY t 'Illi o RESIDENTIAL BUILDINGS, THEIR COMPATIBILITY WITH ' + y � SINGLE-FAMILY NEIGHBORHOODS, AND THEIR ORIENTATION TOWARDS THE STREET. New development is reviewed through the design review :. process to assure that, among other things, all new multi- family housing developments to have a separate ground floor " entrance for each unit, except for mixed-use projects combining commercial and residential uses. GOAL 4 IMPROVE THE VISUAL APPEAL OF THE CITY. New planting of the median area with native plants and trees was 1 c completed along San Gabriel Avenue north of Sierra Madre Avenue. . 2005 General Plan Annual Report Page 13 • The new Development Code contains revised sign regulations that require signage to be designed considering the scale and materials of adjacent buildings, the desired character of the neighborhood, district, or corridor where the site is located, and pedestrian orientation. Neighborhoods GOAL 5 MAINTAIN THE VISUAL CHARACTER AND SCALE OF EXISTING NEIGHBORHOODS. • Maintenance of the character of neighborhoods is . accomplished through the design review process. New residential projects will be built in a form and scale compatible with and appropriate to their surroundings. GOAL 6 PROMOTE THE STREET AS A PUBLIC, PEDESTRIAN ORIENTED PLACE THROUGH THE APPROPRIATE PLACEMENT OF NEW BUILDINGS, PARKED CARS, AND GARAGE DOORS. • The new Code contains standards that encourage, and in some instances, requires front doors and public living spaces of buildings to be located toward the street and garages to be located toward the rear of lots. GOAL 7 ALLOW NEIGHBORHOOD-SERVING MULTI-USE AND CIVIC BUILDINGS TO BE LOCATED WITHIN WALKING OR BIKING DISTANCE FROM HOMES, AS LONG AS THEY ARE LOCATED ON PROMINENT NEIGHBORHOOD SITES AND DESIGNED TO BE COMPATIBLE WITH THE NEIGHBORHOOD IN TERMS OF SCALE, CHARACTER, SITING,AND USE. • The new Code allows the clustering of appropriate non-residential uses onto sites accessible on foot by residents of the City. No such developments have been constructed thus far. GOAL 8 ENCOURAGE A VARIETY OF HOUSING TYPES AND SIZES TO ACCOMMODATE THE DIVERSE NEEDS OF THE POPULATION. • The new Code supports the development of multiple housing types in corridors and the districts. GOAL 9 ENCOURAGE PRIVATE LANDSCAPE DESIGN SPECIFIC TO AZUSA AND THE CHARACTER OF EACH STREET IT FACES. • The design review process is used to improve the character of streets through landscape standards that govern private property facing public right-of-ways. Page 14 Planning Division Districts GOAL 10 PROMOTE DISTRICTS AS PLACES SAFE AND ACCESSIBLE TO PEDESTRIANS IN ORDER TO IMPROVE THE ECONOMIC VIABILITY, SAFETY, AND SECURITY OF COMMERCIAL DISTRICTS, AND TO ENHANCE THE IDENTITY AND COHESIVENESS OF EACH DISTRICT IN THE CITY. For the Downtown District, the City conducted a parking study that aims to establish a parking network that encourage patrons to park their vehicles in a"park once" parking lot and then walk to a number of stores, offices, and restaurants. With the establishment of the community-parking network, consider reducing the need for on-site parking in those areas serviced by community parking lots. . The Development Code places 'eyes on the street" for safety by requiring buildings in the Downtown District to be placed adjacent to the street with convenient parking located behind the buildings. Ground floors of buildings are to be continuously accessible to the sidewalk, and allow businesses to occasionally use the sidewalk for commercial purposes, when sidewalks are wide enough. Pedestrian-oriented streetscape, plazas, and courts are encouraged throughout districts. Corridors GOAL 11 TRANSFORM EXISTING COMMERCIAL CORRIDORS INTO MIXED-USE CORRIDORS INCORPORATING HOUSING WITH COMMERCIAL USES CONCENTRATED IN NODES AT MAJOR INTERSECTIONS. The development standards for the Azusa and San 'f Gabriel, Foothill, South Azusa, and Arrow Hwy corridors . - allow for their transformation into mixed-use boulevards. GOAL 12 ENSURE VISUAL VARIETY ON CORRIDORS THROUGH A VARIETY OF BUILDING TYPES AND SIZES, VARIETY IN LANDSCAPE,AND THE REDUCTION OF SURFACE PARKING LOTS. The new Code promotes multiple building types and uses on corridor-fronting property; and restricts the location of surface parking lots. Mobility Element Status Citywide Access and Circulation GOAL 1 BALANCE THE ROADWAY WITH THE PLANNED LAND USES IN THE CITY. The City is in the process of implementing the Monrovia Nursery Specific Plan development, which provided an efficient street system that supported the City's mobility 2005 General Plan Annual Report Page 15 goals and land use plan through the use of narrower streets to control traffic speeds • For major projects (Monrovia Nursery and Azusa Pack) the City has required the cost of improvements to the existing circulation system and new circulation system necessitated by new development to be bome by that development that gains benefit. GOAL 2 FULLY DEVELOP THE STREET SYSTEM TO ALLOW ACCESS TO ALL AREAS OF THE CITY. COMPLETE MISSING LINKS IN THE CITY'S STREET SYSTEM. • The street grid through the Rosedale (Monrovia Nursery) project is being extended to provide multiple access routes for maximum connectivity. Transportation Choices GOAL 3 PROVIDE A CONNECTED, BALANCED, AND INTEGRATED TRANSPORTATION SYSTEM THAT ENABLES AZUSANS TO WALK, BIKE, AND TAKE TRANSIT, RATHER THAN USING THEIR CAR. • The City's Public Works Department continues to expand and maintain a citywide pedestrian network of sidewalks linking new neighborhoods with existing neighborhoods, connecting neighborhood centers, schools, parks, commercial centers, and citywide destinations such as Downtown, the San Gabriel River, and Civic Center. • The City continues to maintain pedestrian amenities (such as benches, seats, water fountains, shady street trees, etc.) and conditions that enhance the pedestrian experience within the Downtown District. Existing bike routes are being maintained. Street Character GOAL 4 DESIGN/REDESIGN STREETS TO ENCOURAGE PEDESTRIANS AND BICYCLES AND TO ACCOMMODATE VEHICLES. MAKE CITY STREETS MORE PEDESTRIAN-FRIENDLY AND BICYCLE-FRIENDLY. • The City has committed to study the feasibility of converting Azusa Avenue and San Gabriel Avenue between First Street and Sierra Madre Avenue to two-way streets. • A landscape median has been added to San Gabriel Canyon Road north of Sierra Madre Avenue to reduce the width of this excessively wide street. Residential Neighborhood Streets GOAL 5 CALM TRAFFIC IN THE CITY AND DESIGN/ REDESIGN RESIDENTIAL STREETS TO DISCOURAGE THROUGH TRAFFIC AND ENCOURAGE RESIDENTIALLY ORIENTED TRAFFIC, WALKERS,AND BIKES. • The City has begun to work with neighborhood groups to examine strategies for calming traffic (i.e. slow speed, limit through traffic, etc.) in residential neighborhoods including the use of a toolbox of various traffic calming devices or procedures. More work will be done in this regard in the current Page 16 Planning Division fiscal year. Transit Service GOAL 6 IMPROVE/ENHANCE LOCAL AND REGIONAL TRANSIT SERVICE IN THE CITY. The City has worked closely with the l, Gold Line Rail Authority to = �l encourage and assist the --J! � L-- development of regional light rail ra � transit in the city including two j� stations in Azusa (Downtown and Monrovia Nursery). '11 € - I NMIE� ro Truck Traffic `_ `. ' ._ IICdl4^m(VIG GOAL 7 FOCUS TRUCK TRAFFIC ONTO APPROPRIATE ARTERIAL CORRIDORS WITHIN THE CITY, AND KEEP TRUCK TRAFFIC OUT OF RESIDENTIAL NEIGHBORHOODS. Land Use Planning Support of Mobility Goals GOAL 8 ENCOURAGE WALKING, BIKING, AND THE USE OF TRANSIT THROUGH A VARIETY OF LAND USE DEVELOPMENT AND URBAN DESIGN MEASURES. New City standards in the Development Code require an adequate amount, not an oversupply, of parking for autos, carpool vans, and bicycles for each land use, and encourage shared use parking in order to gain the maximum efficiency from the parking supply and to minimize the overall amount of parking provided in the city. The City prepared a Downtown Parking Study as the basis for implementing a"park once" strategy in the Downtown District. New Development Code standards encourage transit, rideshare or carpool, bicycling, and walking in the design of buildings through: • permitting higher densities along transit corridors and around transit stations; • allowing a mix of uses to include residential and commercial uses in the same area in order to reduce the number of vehicular trips made; • requiring new development to provide direct and convenient pedestrian access to transit and adjacent land uses within walking distances; • along corridors and within districts, requiring off-street parking to be located behind buildings so barriers to pedestrians and transit users are not created between the building and the street; and • locating buildings close to the street to be inviting to pedestrians and transit users, as appropriate. The areas adjacent to the two future Gold Line Stations have been given special designations- 2005 General Plan Annual Report Page 17 "Transit Village", "Transit Neighborhood" to denote the appropriateness of uses and densities that support rail transit. CAPITAL IMPROVEMENT PROGRAM Through the CIP: • In conjunction with the APU Specific Plan application, the City has begun to study the most appropriate configuration for the Foothill Boulevard and Alosta Avenue intersection. Study is evaluating realigning the east leg (Foothill Boulevard)to a perpendicular tee into Alosta Avenue(and eliminate the north and east sides of the current triangle), installing a roundabout, or other configurations. Housing Element Status Provide for a Variety of Housing Types GOAL 1 ASSIST IN THE PROVISION OF ADEQUATE HOUSING TO MEET THE NEEDS OF THE COMMUNITY. ESTABLISH A BALANCED APPROACH TO MEETING HOUSING NEEDS THAT INCLUDES BOTH OWNER AND RENTER HOUSEHOLDS. • The Development Code has been amended to provide a range of residential development types including low density single-family homes, moderate density townhomes, higher density apartments and condominiums, and residential/commercial mixed-use in order to address the City's share of regional housing needs. • The Code includes a density bonus provision that facilitates development of affordable housing through use of regulatory incentives. Future Housing Needs The Southern California Association of Governments(SCAG) is charged by the State with the responsibility of determining the number of new housing units needed in a community. In 1999, SCAG developed the Regional Housing Needs Assessment(RHNA)forecasts for the 1998 to 2005/2006 planning cycle. The estimated number of housing units needed in Azusa, as determined by SCAG, is listed in the Table below and reflects theplanning period from 1998 to 2006. This time period was subsequently extended to June 30, 2008 by the State legislature. Page 18 Planning Division a Table 1 I nrome Group 1998-2006 units Units Added Total Units Remaining Construction Added 2005 Added]999- NeedlBalance Nee&WIINA 1998-2004 20051 E Very Low 183 0 0 0 -183 Low 135 6 3 9 -126 Moderate 156 126 4 130 -26 Above 203 367 0 367 +164 Moderate 499 � '� 9� Table 1 illustrates the City of Azusa's continued progress with housing production. During the reporting period of July 1, 2004 through June 30, 2005, only scattered small scale housing development has occurred, including individual single-family homes, second units, small multi-family residential projects (for example the 3 apartment units in the Dr. Reyes mixed-use development). It is expected that housing production during the next year will be substantially higher as a result of the implementation of the new Development Code, which creates new opportunities for infill housing and mixed use projects along corridors and within mixed use districts. Maintain and Preserve the Existing Housing Stock GOAL 2 MAINTAIN AND ENHANCE THE QUALITY OF EXISTING HOUSING AND RESIDENTIAL NEIGHBORHOODS IN AZUSA. R "`lam The City continues: ; • Encourage neighborhood and local involvement in addressing housing and neighborhood maintenance and improvement _ through the Neighborhood Improvement Zone program. Continue to provide rehabilitation and home improvement assistance to low and moderate income households, seniors, and the disabled. • Preserve and improve the quality of affordable rental housing by providing rehabilitation assistance to owners of rental properties. • Offer and promote home ownership assistance programs as a means of enhancing neighborhood stability. • Participate in state and federally sponsored programs designed to maintain housing affordability, including the Section 8 rental assistance program. Adequate Sites for New Housing Development GOAL 3 PROVIDE ADEQUATE SITES FOR THE DEVELOPMENT OF NEW HOUSING THROUGH APPROPRIATE LAND USE AND ZONING DESIGNATIONS TO ACCOMMODATE THE CITY'S 2005 General Plan Annual Report Page 19 SHARE OF REGIONAL HOUSING NEEDS. • The City has created mixed-use opportunities along key commercial corridors as a means of providing adequate sites for affordable housing while enhancing pedestrian activity and community interaction. • The Development Code continues to allow second residential units on single-family parcels as a means of providing additional infill housing opportunities. • The City has utilized the specific plan process as a tool to provide flexible and creative solutions to housing on larger pieces of property, such as the Azusa Pacific University and Monrovia Nursery sites. Removal of Constraints GOAL 4 MINIMIZE THE IMPACT OF GOVERNMENTAL CONSTRAINTS ON HOUSING PRODUCTION AND AFFORDABILITY. The City now provides regulatory incentives, such as density bonuses and reduced parking, to offset the costs of developing affordable housing. Mixed-use development standards provide incentives for the inclusion of residential uses along designated condors and in districts. Equal Housing Opportunity GOAL 5 PROMOTE EQUAL OPPORTUNITY FOR ALL RESIDENTS TO RESIDE IN THE HOUSING OF THEIR CHOICE. • The City continues to enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, selling or renting of housing on the basis of race, religion, family status, national origin, physical disability or other such circumstances. Historic/Cultural Resources Status GOAL 1 ACKNOWLEDGE, PRESERVE,AND PROTECT THE CITY'S NATIVE AMERICAN HERITAGE. • As a part of the environmental review process for major projects, the City determines earty in the planning process whether archaeological or cultural resources are located within a proposed development site. GOAL Page 20 Planning Division 2 PROVIDE THE CITY WITH OPEN SPACE AND CULTURAL/HISTORIC AREAS IN THE DOWNTOWN, IN THE SAN GABRIEL RIVER CORRIDOR, AND IN NEIGHBORHOODS THAT CAN PROVIDE EDUCATIONAL BENEFITS. The City's Cultural and Historic Preservation Commission has commenced discussions related to the process of designating Historic Districts that may include a Downtown District, a Sunset/San Gabriel District, a Citrus Packing District, and a Foothill District GOAL 3 PRESERVE AND PROTECT PLACES, BUILDINGS, AND OBJECTS THAT EMBODY THE CITY'S SOCIAL, COMMERCIAL,ARCHITECTURAL,AND AGRICULTURAL HISTORY. • Through the environmental review process for the Azusa Pacific University Specific Plan, mitigation measures were crafted that preserve the Drive-in Theater marquee sign and other historic resources on the APU campus. • The list of potential landmarks has been integrated g =ya into the GIS computer system to as a method to '� a: regulate building renovation, expansion, or r demolition. • The Cultural and Historic Resources Commission y ' continues to conduct an inventory to identify - . important historic resources in the City of Azusa. • The City has used the State Historical Building Code on eligible resources, for example the Talley and the Woman's Club buildings renovations. GOAL 4 PROMOTE APPRECIATION AND AWARENESS OF AZUSA HISTORY THROUGH THE SCHOOL AND OTHER PUBLIC PROGRAMS AND VENUES. Due to budget and resource constraints, no progress has been made toward accomplishing this goal during the current review period. Infrastructure Status ELECTRICITY GOAL 1 PROVIDE AN ELECTRICAL SUPPLY SYSTEM THAT IS ABLE TO MEET THE PROJECTED ELECTRICAL DEMANDS; UPGRADE AND EXPAND SUPPLY, TRANSMISSION, AND DISTRIBUTION FACILITIES; AND PURSUE FUNDING SOURCES TO REDUCE THE COST OF ELECTRIC PROVISION FOR THE CITY. The Light and Water Department continues to monitor the demands on the electrical system, manage 2005 General Plan Annual Report Page 21 development to mitigate impacts and/or facilitate improvements to the energy supply and distribution system, and maintain and expand energy supply and distribution facilities. • The Light and Water Department's fee structure ensures the costs of improvements to the existing electrical supply and distribution facilities necessitated by new development to be bome by the new development benefiting from the improvements, either through the payment of fees, or the actual cost of construction, or both. Water GOAL 2 PROVIDE A WATER SUPPLY SYSTEM THAT IS ABLE TO MEET THE PROJECTED WATER DEMANDS; UPGRADE AND EXPAND WATER TREATMENT, SUPPLY, AND DISTRIBUTION FACILITIES; AND PURSUE FUNDING SOURCES TO REDUCE THE COST OF WATER PROVISION FOR THE CITY. • The Light and Water Department continues to monitor the demands on the water system, manage development to mitigate impacts and/or facilitate improvements to the water supply and distribution system, and maintain and expand water supply and distribution facilities. • The Light and Water Department continues to ensure the costs of improvements to the existing water supply and distribution facilities necessitated by new development to be bome by the new development benefiting from the improvements, either through the payment of fees, or the actual cost of construction, or both. Wastewater Treatment and Facilities GOAL 3 PROVIDE A WASTEWATER (SEWER) COLLECTION AND TREATMENT SYSTEM THAT IS ABLE TO SUPPORT PERMITTED LAND USES, UPGRADING EXISTING DEFICIENT SYSTEMS, AND PURSUE FUNDING SOURCES TO REDUCE COSTS OF WASTEWATER PROVISION IN THE CITY. • Through the development review process, the City ensures the costs of improvements to the existing sewer collection and treatment facilities necessitated by new development to be bome by the new development benefiting from the improvements, either through the payment of fees, or the actual cost of construction,or both in accordance with State Nexus legislation. Storm Drainage GOAL 4 PROVIDE A FLOOD CONTROL SYSTEM THAT IS ABLE TO SUPPORT THE PERMITTED LAND USES WHILE PRESERVING THE PUBLIC SAFETY; UPGRADE EXISTING DEFICIENT SYSTEMS; AND PURSUE FUNDINING SOURCES TO REDUCE THE COSTS OF FLOOD CONTROL PROVISION IN THE CITY. • Through the development review process, the City requires improvements to the existing storm drain and flood control facilities necessitated by new development to be bome by the new development benefiting from the improvements, either through the payment of fees, or the actual cost of Page 22 Planning Division construction, or both. New developments are required to employ the most efficient drainage technology to increase ground percolation, control drainage, and minimize damage to environmentally sensitive areas, and are encouraged to use construction methods and technologies that will reduce the size or decrease the number of impervious surfaces in both new development and the retro-fit of existing development. Solid Waste GOAL 5 MAINTAIN SOLID WASTE COLLECTION AND DISPOSAL SERVICES IN ACCORDANCE WITH THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989, PURSUE FUNDING SOURCES TO REDUCE THE COST OF THE COLLECTION AND DISPOSAL SERVICES IN THE CITY. The City coordinates with its contract trash collection provider to maintain adequate solid waste collection for commercial, industrial, and residential developments in accordance with State law. The City's Public Works department provide trash and recycling receptacles along City streets, in parks and along trails, and other pedestrian oriented areas. Gas Supply and Telecommunication GOAL 6 MAINTAIN AND EXPAND SERVICE PROVISION TO CITY OF AZUSA RESIDENCES AND BUSINESSES. Continue to work with service providers to maintain current levels of service and improved levels of service. Revise and replace programs that do not achieve their intended purpose. Review requests for new utility facilities, relocations, or expansions to existing facilities. 2005 General Plan Annual Report Page 23 wl�� Economy and Community Economic Development Status GOAL 1 BUILD AND MAINTAIN A STRONG, DIVERSVERSE ECONOMY IN AZUSA. • The Economic and Community Development Department strives to maintain a "business climate" in Azusa that communicates the ciVs support for business. Current, the City is focusing on Block 36 of the Downtown District, renovating the Foothill Center, and working with the City of Irwindale to develop the Kincaid Pit. GOAL 2 MAINTAIN AND INCREASE THE SECTORAL DIVERSITY OF AZUSA'S ECONOMY AND AZUSA'S ABILITY TO SUPPORT A DIVERSE SET OF USES THAT EVOLVES OVER " TIME. . • The Development Code establishes distinct .employment districts; each with a clear identity and n function reinforced through zoning, design guidelines and typological coding, streetscape improvements, and appropriate infrastructure. • The Department attempts to recruit businesses that help Azusa maintain its sectoral diversity as well as meeting other social and economic objectives. GOAL 3 ENSURE THE OCCUPATIONAL DIVERSITY OF AZUSA'S JOB BASE. • In support of this goal, the City has amended its zoning to accommodate a broad mix of housing choices to support a diverse resident workforce. GOAL 4 CREATE A HIGH QUALITY EMPLOYMENT ENVIRONMENT FOR AZUSA RESIDENTS. • The Economic Development Department continues to work with other departments to conduct a variety of economic development activities (business attraction and retention, etc.) in an effort to attract businesses and industries to locate or expand in Azusa. The Planning Division has implemented a more streamlined"Zoning Clearance"process for approving new businesses. GOAL Page 24 Planning Division 5 HELP AZUSA'S RESIDENTS MORE FULLY PARTICIPATE IN THE ECONOMY. Staffing and resource constraints have limited City participation related to supporting comprehensive, targeted job training in conjunction with local employers and schools. GOAL 6 SUPPORT LOCAL ENTREPRENEURSHIP. See Goal 4 comment above. GOAL 7 HELP AZUSA'S BUSINESSES. The Economic Development Department helps to support Azusa's businesses by assisting with permit processing, providing loans or grants, and serving as an intermediary between local firms and organizations that provide technical and other assistance. GOAL 8 HOUSING OPPORTUNITIES The new Development Code establishes lands use categories to ensure a range of housing opportunities for Azusa residents of all ages, incomes, and family structures. The APU Specific Plan provides housing for its student population. GOAL 9 CREATE A DIVERSE AND BALANCED REVENUE BASE WITH LONG-TERM VALUE, AVOIDING EXCESS RELIANCE ON A SINGLE REVENUE SOURCE. The new Development Code provides a balanced mix of commercial and manufacturing land to support a diversity of revenue sources. The City continues to enforce high design standards for new housing projects to assure that they will appreciate in value over time. GOAL 10 STRENGTHEN THE RETAIL AND COMMERCIAL BASE. • Work continues on three priority retail projects: the Foothill center, the Kincaid Pit, and Block 36. The combination of these projects will address key gaps in retail and commercial services, promote Azusa's competitiveness at the regional or sub-regional level in key strategic retail niches. Target and tap into the main customer bases more directly. Make Azusa into a destination retail site for the sub- region's population. • The City continues to focus on the overall revitalization of the Downtown District to enhance the identity of the city's principal retail and commercial nodes. . GOAL 11 CREATE A UNIQUE PLACE WITH HIGH QUALITY OF LIFE FOR ALL ITS RESIDENTS. . Through the implementation of the Rosedale project, the City continues to promote quality of life for 2005 General Plan Annual Report Page 25 its own sake as well as making it part of an economic development strategy. Quality of fife consists of other key elements and features of Azusa's physical setting such as the natural open space environment which was largely preserved north of Sierra Madre Avenue. The Rosedale development included substantial Investment in community amenities such as parks, a school, a fire station, and a future light rail transit station.. Public Services Status Police GOAL 1 PROTECT THE COMMUNITY FROM CRIMINAL ACTIVITY, REDUCE THE INCIDENCE OF CRIME, AND PROVIDE OTHER NECESSARY SERVICES WITHIN THE CITY. The City continues to maintain personnel and facilities in the Citys Police Department necessary to provide the best response time feasible. On large scale projects, such as the SPU Specific Plan, the city negotiates the payment impact fees based on their proportional impact and demand for new resources, in accordance with State Nexus legislation. Fire/Emergency Medical GOAL 2 ENSURE ADEQUATE PROTECTION FROM FIRE AND MEDICAL EMERGENCIES FOR AZUSA RESIDENTS AND PROPERTY OWNERS. A component of the Rosedale project calls for the construction of a new Los Angeles County Fire Department (LACoFD) station to replace Station 97 along Sierra Madre Avenue. The new station will help enable emergency fire response times to meet a five-minute or less standard. Governmental Administration GOAL 3 ENSURE ADEQUATE GOVERNMENTAL ADMINISTRATIVE SERVICES AND CAPITAL FACILITIES FOR ALL AGENCY OPERATIONS. Page 26 Planning Division The City prepared a Civic Center Master Plan that plans for and accommodates the improvement of governmental facilities and services in order to meet appropriate levels of service. Library GOAL 4 ENSURE THAT A HIGH LEVEL OF LIBRARY SERVICES AND FACILITIES ARE PROVIDED TO THE CITY'S RESIDENTS. The City continues to explore options for funding the construction of a new library building to meet the needs of the citizens. Schools GOAL 5 PROMOTE A STRONG PUBLIC SCHOOL SYSTEM THAT ADVOCATES HIGH QUALITY EDUCATION. PROMOTE THE MAINTENANCE AND ENHANCEMENT OF THE EXISTING EDUCATIONAL SYSTEMS FACILITIES, AND OPPORTUNITIES FOR STUDENTS AND RESIDENTS OF THE CITY TO ENHANCE THE QUALITY OF LIFE FOR EXISTING AND FUTURE RESIDENTS. 2005 General Plan Annual Report Page 27 Natural Environment Recreation Status GOAL 1 PROVIDE CONSTRUCTIVE AND CREATIVE LEISURE OPPORTUNITIES FOR ALL AZUSANS. • The City continued to work with the Forest Service to complete the development of the new Forest Station facility that will combine the information and ticket function with natural features and recreational learning opportunities. • The City completed a trailhead facility at San Gabriel Canyon Road that connects to the Regional Bike Trail and extending north adjacent to the Mountain Cove development. GOAL 2 PROVIDE ADEQUATELY SIZED AND LOCATED PARKLANDS AND RECREATIONAL FACILITIES TO MEET LOCAL NEEDS, AND TO PRESERVE THE NATURAL RESOURCES WITHIN AND ADJACENT TO AZUSA. • The continues to work toward implementation of the Rosedale project will result in the several new parks. It also includes recreational trails, staging signage, and access in new and existing neighborhoods, commercial, into the foothills, and along the rails that link with existing or planned trails. GOAL { r� 3 DEVELOP NEW PARK SITES AND RENOVATE EXISTING PARK SITES TO PROVIDE DIVERSE RECREATIONAL AND SPORTS ACTIVITIES. • The Recreation Department worked toward building a splash park facility at Slauson Park. This provided a park feature that didn't exist elsewhere in the City, and helped toward achieving the goal of providing a variety of amenities within the recreation areas in order to accommodate people with different interests. GOAL 4 ENSURE RECREATION FACILITIES ARE RENOVATED AND UPGRADED TO MEET THE RESIDENTS' RECREATIONAL INTERESTS. • The Recreation Department continues to submit projects for inclusion in the capital improvement program for the renovation of the facilities determined to require renovation. Page 28 Planning Division GOAL 5 PROVIDE A FOOTHILL AND RIVER RECREATION ENVIRONMENT THAT ENHANCES THE ENJOYMENT OF THE NATURAL RESOURCES WITHOUT RESULTING DEGRADATION. The City continues to pursue the acquisition of property along the San Gabriel River in an effort to improve the local foothills and river areas because of their inherent environmental, ecological, and/or aesthetic contributions to the community and the region. GOAL 6 ENSURE THAT PARK DEVELOPMENT IS APPROPRIATELY PHASED TO COINCIDE WITH THE DEMAND FOR SERVICES AS WELL AS THE CITY'S FISCAL RESOURCES. The City continues to pursue all forms of federal, state, county, corporate, private foundation, and endowment support to assist in acquisition, development, programming, operations, and maintenance of park and recreation resources. Open Space and Biological Resources Status GOAL 1 PRESERVE, RESTORE, AND ENHANCE THE DIVERSITY OF „f'4 '};'`• BIOLOGICAL RESOURCES IN THE CITY'S UNDEVELOPED s•sai ' ' HILLSIDES, CANYONS, FLOODPLAINS,AND URBAN AREAS. Efforts have been made to preserve land along the San Gabriel River. GOAL . 2 PROVIDE A UNIQUE SYSTEM OF NATURAL AREAS THAT PROVIDE A MULTITUDE OF USES INCLUDING WILDLIFE HABITAT, PASSIVE RECREATION, WATERSHED PROTECTION, FLOOD PROTECTION ZONES,AND SCENIC BEAUTY. The lack of staff resources has prevented much progress toward achieving this goal. GOAL 3 ENSURE THAT THE CITIZENS OF AZUSA ENJOY THE BENEFITS OF NATURE WITHIN THE URBAN BOUNDARY BY PROVIDING A VISUAL LINK TO THE SURROUNDING MOUNTAINS, RIVERS, AND CANYONS. The lack of staff resources has prevented much progress toward achieving this goal. GOAL 4 SEEK TO BALANCE PRIVATE PROPERTY INTERESTS WITH THE CONSERVATION OF BIOLOGICAL RESOURCES(NATIVE PLANTS AND ANIMALS). The lack of staff resources has prevented much progress toward achieving this goal. 2005 General Plan Annual Report Page 29 GOAL 5 ENSURE THAT THE CITY INTEREST IN THE PROTECTION OF BIOLOGICAL RESOURCES IS INTEGRATED INTO ALL PLANNING AND IMPLEMENTATION PROGRAMS DEVELOPED BY THE MULTITUDE OF PUBLIC AND PRIVATE AGENCIES WITH JURISDICTION OVER THE SAN GABRIEL RIVER AND WATERSHED. The lack of staff resources has prevented much progress toward achieving this goal GOAL 6 CREATE OPEN SPACE SYSTEMS WITH ADJACENT CITIES AND LANDOWNERS TO ALLOW FOR THE MOVEMENT OF WILDLIFE FROM AND TO THE CITY'S UNDEVELOPED AREAS. • The lack of staff resources has prevented much progress toward achieving this goal. GOAL 7 COOPERATE AND COORDINATE WITH THE MINING COMPANIES, OTHER APPROPRIATE AGENCIES, AND THE PUBLIC TO ENHANCE WILDLIFE HABITAT IN ABANDONED AND RECLAIMED MINED SITES. • No progress was made toward this goal in the last reporting period. However, the City anticipates the filing of an application to expand an existing mine and will pursue a variety of restoration methods to restore abandoned mined areas and/or quarries to natural habitat for plants and wildlife. Geology Hazards Status GOAL 1 ENSURE THE CONTINUED FUNCTIONING OF ESSENTIAL (CRITICAL, SENSITIVE AND HIGH- OCCUPANCY) FACILITIES FOLLOWING A DISASTER; HELP PREVENT LOSS OF LIFE FROM THE FAILURE OF CRITICAL AND SENSITIVE FACILITIES IN AN EARTHQUAKE; AND HELP PREVENT MAJOR PROBLEMS FOR POST-DISASTER RESPONSE, SUCH AS DIFFICULT OR HAZARDOUS EVACUATIONS OR RESCUES, NUMEROUS INJURIES, AND MAJOR CLEANUP OR DECONTAMINATION OF HAZARDOUS MATERIALS. • The Development Code has been amended to prohibit the location of a critical facility within 150 feet of an identified active or potentially active fault zone, or future Alquist-Priolo Earthquake Fault Zone, and no sensitive or high occupancy facility shall be located within 100 feet of the identified active or potentially active fault zone, unless a qualified engineer determines to the satisfaction of the City, based on detailed site investigations,that a closer location will not result in undue risks. Each application for City approval of a proposed critical, sensitive, and/or high occupancy facility shall include emergency response plans with contingencies for all appropriate hazards, as determined by the Director.A Critical Facility is a public facility whose continued functioning is necessary to maintain public health and safety following a disaster, and those where damage or failure could pose hazards to life and property well beyond their immediate vicinity. Examples include police and fire command and equipment centers, hospitals, and emergency shelters. Page 30 Planning Division Hazardous Structures GOAL 2 MINIMIZE TO THE GREATEST EXTENT FEASIBLE THE LOSS OF LIFE, SERIOUS INJURIES,AND MAJOR SOCIAL AND ECONOMIC DISRUPTION CAUSED BY THE COLLAPSE OF, OR SEVERE DAMAGE TO, VULNERABLE STRUCTURES (E.G., BUILDINGS, BRIDGES, WATER STORAGE FACILITIES, KEY RAILROAD COMPONENTS) RESULTING FROM AN EARTHQUAKE. The Building Division oversees the seismic review procedures for tilt-up structures and other potentially hazardous buildings in the City at appropriate points in the structures' history to ensure their seismic integrity. Flooding and Drainage GOAL 3 PROTECT LIVES AND PROPERTY AND ENSURE THAT STRUCTURES PROPOSED FOR SITES LOCATED ON FLOOD PLAINS SUBJECT TO THE 100-YEAR FLOOD ARE PROVIDED ADEQUATE PROTECTION FROM FLOODS WHILE PRESERVING AS OPEN SPACE IN THOSE AREAS THAT CANNOT BE MITIGATED FOR FLOOD HAZARD. While no new development within a 100 year flood area has occurred within this reporting period, the City will continue to support a multi-use concept of flood plains, flood-related facilities, and waterways, including, where appropriate, the following uses flood control, groundwater recharge, open space, nature study, habitat preservation, pedestrian, equestrian, and bicycle circulation, and outdoor sports, and recreation. Emergency Preparedness and Education GOAL 4 DURING A DISASTER, PROVIDE AN EFFECTIVE EMERGENCY RESPONSE THAT LIMITS THE LOSS OF LIFE AND CURTAILS PROPERTY DAMAGE AND SOCIAL DISLOCATION (I.E. HOMELESSNESS); ENHANCES EMERGENCY PREPAREDNESS THROUGH COMMUNITY EDUCATION AND SELF-HELP PROGRAMS; AND MINIMIZE TO THE GREATEST EXTENT FEASIBLE SERIOUS DAMAGE AND INJURIES THROUGH EFFECTIVE HAZARD MITIGATION. Emergency preparedness planning is coordinated through the City's Police Department. The City's emergency preparedness program addresses hazard mitigation, disaster response, and resident, business and industry self-sufficiency/mutual support. The Department periodically evaluates the appropriateness and effectiveness of the City's disaster response plans and update these as necessary. Post-Disaster Reconstruction GOAL 5 ENCOURAGE THE PREPARATION OF A PLAN TO FACILITATE THE RAPID AND EFFECTIVE RECOVERY OF THE CITY FOLLOWING AN EARTHQUAKE. IDENTIFY ALTERNATIVE FINANCING SOURCES FOR THE REPAIR AND RECONSTRUCTION OF DISASTER RELATED DAMAGE. 2005 General Plan Annual Report Page 31 The City's emergency response plans emphasize coordination between appropriate public agencies and private entities, promote the rapid reconstruction of the City following an earthquake, and facilitate an upgrading of the built environment, as opportunities allow. Mineral Resources Status GOAL 1 BALANCE THE NEED FOR MINERAL RESOURCES EXTRACTION WITH THE CITY'S GOALS TO MINIMIZE BIOLOGICAL,AESTHETIC AND OTHER IMPACTS. No new mining operations were approved during this review period. The Development Code was amended to allow mining in the foothills (OS zone) only with a Use Permit and Development Agreement Recognizing the community's strong interest in improving and accelerating reclamation and reducing the environmental impacts of existing vested mining, trade-offs affecting ongoing operations may be considered through a formal development agreement based on appropriate public participation and environmental review. The City's intent is to limit effects of mining operations on residents, businesses, and visitors to Azusa. Effects include but are not limited to visual impacts, noise, dust, and truck traffic, biological and recreational resources, adjacent vegetation of runoff, erosion, effects due to vegetation removal, effects on wildlife and recreationalists of noise and vibration. A key goal will be to minimize additional visual changes to the hillsides visible from Azusa. Air Quality Status GOAL 1 IMPROVE AIR QUALITY IN AZUSA AND REDUCE EXPOSURE TO AIR POLLUTANTS. The City continues to integrate air quality concerns into land use planning decisions and the site design review process. The new Development Code emphasizes the incorporation of "pedestrian oriented"elements and features to minimize the reliance on cars,thus minimizing air pollution. Page 32 Planning Division Noise Element Status GOAL 1 MAINTAIN COMMUNITY NOISE LEVELS THAT MEET HEALTH GUIDELINES AND ALLOW FOR A HIGH QUALITY OF LIFE. • Noise impacts are considered in the City's land use planning and project approval process. Protect those areas of the City where the existing noise environments are considered unacceptable or "noise sensitive" • Sound walls are being constructed along the 1-210 Freeway to reduce noise levels adjacent to existing residential neighborhoods. • Grade separations are being planned at Palm Drive and Citrus Ave, and Alameda is proposed to be closed in conjunction with the Gold Line Light Rail extension. To the extent feasible, minimize the noise levels generated by trains throughout the city. 2005 General Plan Annual Report Page 33 fi U, y t � U A AGENDA ITEM TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: BRUCE COLEMAN, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT VIA: F.M. DELACH, CITY MANAGER )Vi°Y`` DATE: OCTOBER 17, 2005 SUBJECT: ADOPTION OF LOCAL CEQA GUIDELINES - 2005 REVISION RECOMMENDATION: It is recommended that the City Council adopt the "Local Guidelines for Implementing the California Environmental Quality Act (2005 Revision)". BACKGROUND/DISCUSSION: The California Environmental Quality Act (CEQA) was adopted in 1970, and sets forth requirements to evaluate environmental impacts of proposed projects. While State Law is fairly specific regarding the requirements for such environmental impact evaluation, local guidelines for the implementation of CEQA are required, and must be consistent with State Law. These local guidelines are essentially detailed provisions and steps that must be followed in implementing CEQA. Most of these steps are staff's responsibilities to accomplish as part of their ongoing responsibilities to evaluate proposed projects. The Local Guidelines are updated annually to reflect current State Law and judicial decisions, and are attached for your review. FISCAL IMPACT: There is no fiscal impact resulting from the adoption of the Local CEQA Guidelines. ATTACHMENTS: Draft Resolution '2005' Local CEQA Guidelines C:\Documents and Settings\rperson\Desktop\CITY COUNCIL\2005\0CTOBER 17, 2005\FINAL CEQA STAFF RPT.DOC RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING AND ADOPTING LOCAL GUIDE S FOR IMPLEMENTING THE CALIF N A ENVIRONMENTAL QUALITY ACT — 2005 REVISIO B. RESOURCES CODE §§21000 ET SEQ.) WHEREAS, the California Legislature has amended the California Environmental Quality Act ("CEQA") (Pub. Resources Code §§ 21000 et seq.) and the State CEQA Guidelines (Cal. Code of Regs, tit. 14, §§ 15000 et seq.) and the California courts have interpreted specific provisions of CEQA; WHEREAS, Section 21082 of CEQA requires all public agencies to adopt objectives, criteria and procedures for evaluation of public and private projects undertaken or approved by such public agencies, and the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and WHEREAS, The City of Azusa ("City") must revise its local guidelines for implementing CEQA to make them consistent with current provisions and interpretations of CEQA; NOW, THEREFORE,the City Council of the City of Azusa hereby resolves as follows: SECTION 1. The City adopts "Local Guidelines for Implementing the California Environmental Quality Act (2005 Revision)," a copy of which is on file at the offices of the City and is available for inspection by the public. SECTION 2. All prior actions of the City enacting earlier guidelines are hereby repealed. ADOPTED this 17th day of October, 2005. DIANE CHAGNON MAYOR s TABLE OF CONTENTS Page 1. GENERAL PROVISIONS,PURPOSE AND POLICY.................................................1-1 1.01 GENERAL PROVISIONS.........................................................................................1-1 1.02 PURPOSE..............................................................................................................1-1 1.03 APPLICABILITY....................................................................................................1-1 1.04 REDUCING DELAY AND PAPERWORK...................................................................1-2 1.05 COMPLIANCE WITH STATE LAW..........................................................................1-3 1.06 TERMINOLOGY.....................................................................................................1-3 1.07 PARTIAL INVALDDITY...........................................................................................1-3 1.08 ELECTRONIC DELIVERY OF COMMENTS AND NOTICES .......................................1-3 2. LEAD AND RESPONSIBLE AGENCIES....................................................................2-1 2.01 LEAD AGENCY PRINCIPLE....................................................................................2-1 2.02 SELECTION OF LEAD AGENCY.............................................................................2-1 2.03 DUTIES OF A LEAD AGENCY...............................................................................2-1 2.04 CONSULTATION REQuiREMENTS FOR DEVELOPMENT PROJECTS.........................2-2 2.05 RESPONSIBLE AGENCY PRINCIPLE.......................................................................2-3 2.06 DUTIES OF A RESPONSIBLE AGENCY...................................................................2-3 2.07 RESPONSE TO NOTICE OF PREPARATION BY RESPONSIBLE AGENCIES................2-3 2.08 USE OF FINAL EIR OR NEGATIVE DECLARATION BY RESPONSIBLE AGENCIES............................................................................................................2-4 2.09 SHIFT IN LEAD AGENCY RESPONSIBILITIES.........................................................2-4 3. ACTIVITIES EXEMPT FROM CEQA .........................................................................3-1 3.01 ACTIONS SUBJECT To CEQA..............................................................................3-1 3.02 MINISTERW,PROJECTS.......................................................................................3-1 3.03 EXEMPTIONS IN GENERAL...................................................................................3-2 3.04 PRELJMINARY EXEMPTION AssEssMENT.............................................................3-2 3.05 NOTICE OF EXEMPTION.......................................................................................3-2 3.06 DISAPPROVED PROJECTS......................................................................................3-2 3.07 No POSSIBILITY OF SIGNIFICANT EFFECT............................................................3-3 3.08 EMERGENCY PROJECTS........................................................................................3-3 3.09 FEASIBILITY AND PLANNING STUDIES.................................................................3-3 3.10 RATES,TOLLS,FARES AND CHARGES .................................................................3-3 3.11 SUBSURFACE PIPELINES WITHIN A PUBLIC RIGHT-OF-WAY...............................3-4 3.12 CERTAIN RESIDENTIAL HOUSING PROJECTS........................................................3-4 3.13 MINOR ALTERATIONS TO FLUORIDATE WATER UTILITIES..................................3-9 3.14 BALLOT MEASURES.............................................................................................3-9 3.15 OTHER SPECIFIC EXEMPTIONS...........................................................................3-10 3.16 CATEGORICAL EXEMPTtoNs..............................................................................3-10 SACTOUTB\22869\CITY\2\ 005 _�_ s TABLE OF CONTENTS (continued) Page 4. TIME LIMITATIONS....................................................................................................4-1 4.01 REVIEW OF PRIVATE PROJECT APPLICATIONS.....................................................4-1 4.02 DETERMINATION OF ENVIRONMENTAL IMPACT ..................................................4-1 4.03 COMPLETION AND ADOPTION OF NEGATIVE DECLARATION...............................4-1 4.04 COMPLETION AND CERTIFICATION OF FINAL EIR...............................................4-1 4.05 PROJECTS SUBJECT To THE PERMIT STREAMLINING ACT....................................4-1 4.06 PROJECTS,OTHER THAN THOSE SUBJECT To THE PERMIT STREAMLINING ACT,WITH SHORT TIME PERIODS FOR APPROVAL..............................................4-2 4.07 SUSPENSION OF TIME PERIODS............................................................................4-2 5. INITIAL STUDY..................................................................................... ....................5-1 5.01 PREPARATION OF INITIAL STUDY........................................................................5-1 5.02 INFORMAL CONSULTATION WITH OTHER AGENCIES...........................................5-1 5.03 CONSULTATION WITH PRIVATE PROJECT APPLICANT..........................................5-2 5.04 PURPOSES OF AN INITIAL STUDY ........................................................................5-2 5.05 CONTENTS OF INITIAL STUDY.............................................................................5-3- 5.06 USE OF A CHECKLIST INITIAL,STUDY..................................................................5-3 5.07 EVALUATING SIGNIFICANT ENVIRONMENTAL EFFECTS.......................................5-3 5.08 MANDATORY FINDINGS OF SIGNIFICANT EFFECT................................................5-4 5.09 MANDATORY PREPARATION OF AN EIR FOR WASTE BURNING PROJECTS .........5-5 5.10 DEVELOPMENT PURSUANT To AN EXISTING COMMUNITY PLAN AND EIR.........5-7 5.11 LAND USE POLICIES.............................................................................................5-7 5.12 EVALUATING IMPACTS ON HISTORICAL RESOURCES...........................................5-7 5.13 EVALUATING IMPACTS ON ARCHAEOLOGICAL SITES..........................................5-8 5.14 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS....................................................................................5-9 5.15 SUBDIVISIONS WITH MORE THAN 500 DWELLING UNITS..................................5-10 5.16 IMPACTS To OAK WOODLANDS.........................................................................5-10 5.17 ENVIRONMENTAL IMPACT ASSESSMENT............................................................5-10 5.18 FINAL DETERMINATION.....................................................................................5-11 6. NEGATIVE DECLARATION.......................................................................................6-1 6.01 DECISION TO PREPARE A NEGATIVE DECLARATION...........................................6-1 6.02 DECISION To PREPARE A MITIGATED NEGATIVE DECLARATION........................6-1 6.03 CONTRACTING FOR PREPARATION OF NEGATIVE DECLARATION........................6-1 6.04 NOTICE OF INTENT To ADOPT A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION....................................................................................6-1 6.05 POSTING AND PUBLICATION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION....................................................................................6-2 6.06 SUBMISSION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION To STATE CLEARINGHOUSE.........................................................6-3 SACT0VTBU29691CI1Y\2005 -11- i TABLE OF CONTENTS (continued) Page 6.07 SPECIAL NOTTCE REQUJREMENTS FOR WASTE AND FUEL BURNING PROJECTS.............................................................................................................6-5 6.08 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS..................................................................................•.6-5 6.09 CONTENT OF NEGATIVE DECLARATION..............................................................6-5 6.10 ADOPTION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION.....................................................................................................6-5 6.11 MITIGATION REPORTING OR MONITORING PROGRAM FOR MITIGATED NEGATIVEDECLARATION....................................................................................6-6 6.12 APPROVAL OR DISAPPROVAL OF PROJECT..........................................................6-7 6.13 RECIRCULATION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION.....................................................................................................6-7 6.14 NOTICE OF DETERMINATION ON A PROJECT FOR WHICH A PROPOSED NEGATIVE OR MITIGATED NEGATIVE DECLARATION HAS BEEN APPROVED......6-8 6.15 ADDENDUM To NEGATIVE DECLARATION...........................................................6-9 6.16 SUBSEQUENT NEGATIVE DECLARATION..............................................................6-9 6.17 PRIVATE PROJECT COSTS................................................................6..................6-10 6.18 FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES..................6-10 7. ENVIRONMENTAL IMPACT REPORT .....................................................................7-1 7.01 DECISION TO PREPARE AN ETR...........................................................................7-1 7.02 CONTRACTING FOR PREPARATION OF EIRs.............................................6..........7-1 7.03 NOTICE OF PREPARATION OF DRAFT EIR...........................................................7-1 7.04 PREPARATION OF DRAFT ETR..............................................................................7-2 7.05 CONSULTATION WITH OTHER AGENCIES AND PERSONS.....................................7-2 7.06 EARLY CONSULTATION ON PROJECTS INVOLVING PERMIT ISSUANCE.................7-3 7.07 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENTPROJECTS....................................................................................7-3 7.08 AIRPORT LAND USE PLAN ...................................................................................7-3 .7.09 GENERAL ASPECTS OF AN EIR............................................................................7-3 7.10 USE OF REGISTERED CONSULTANTS IN PREPARING EIRS ...................................74 7.11 INCORPORATION.BY REFERENCE.............................................6...........................7-4 7.12 STANDARDS FOR ADEQUACY OF AN EIR............................................6...............7-5 7.13 FORM AND CONTENT OF EIR..............................................................................7-5 7.14 ANALYSIS OF CUMULATIVE IMPACTS..................................................................7-6 7.15 ANALYSIS OF MITIGATION MEASURES................................................................7-7 7.16 ANALYSIS OF ALTERNATIVES IN AN EIR............................................................7-8 7.17 ANALYSIS OF FUTURE EXPANSION....................................................................7-11 7.18 NOTTCE OF COMPLETION OF DRAFT EIR.............................6.............................7-11 _ 7.19 SUBMISSION OF DRAFT EIR TO STATE CLEARINGHOUSE..................................7-12 7.20 SPECIAL NOTICE REQUIREMENTS FOR WASTE AND FUEL BURNING PROJECTS..........6................................................................................................7-13 sAcr6un\22s6%crrnmo5 iii- TABLE OF CONTENTS (continued) Page 7.21 REVIEW OF DRAFT EIR BY OTHER AGENCIES AND PERSONS...........................7-13 7.22 Tw E FOR REVIEW OF DRAFT EIR;FAILURE To COMMENT..............................7-14 7.23 PUBLIC HEARING ON DRAFT EIR......................................................................7-14 7.24 RESPONSE To COMMENTS ON DRAFT EIR........................................................7-15 725 PREPARATION AND CONTENTS OF FINAL EIR...................................................7-15 726 RECIRCULATION WHEN NEw INFORMATION IS ADDED TO EIR........................7-16 7.27 CERTIFICATION OF FINAL EIR...........................................................................7-17 7.28 CONSIDERATION OF EIR BEFORE APPROVAL OR DISAPPROVAL OF PROJECT...7-17 7.29 FINDINGS...........................................................................................................7-17 7.30 SPECIAL FINDINGS REQUIRED FOR FACILmES WHICH MAY EMIT - HAZARDOUS AIR EMISSIONS NEAR SCHOOLS....................................................7-18 7.31 STATEMENT OF OVERRIDING CONSIDERATIONS................................................7-19 7.32 MITIGATION REPORTING OR MONITORING PROGRAM FOR EIR........................7-19 7.33 NOTICE OF DETERMINATION.............................................................................7-21 7.34 DlsrosmoN OF A FINAL EIR...........................................................................7-22 7.35 PRIVATE PROJECT COSTS...................................................................................7-22 7.36 FILING FEES FOR PROJECTS WHICH AFFECT WI DLIFE RESOURCES..................7-22 8. TYPES OF EIRS.............................................................................................................8-1 8.01 PROJECT EIR.......................................................................................................8-1 8.02 SUBSEQUENT EIR................................................................................................8-1 8.03 SUPPLEMENT To AN EIR.....................................................................................8-2 8.04 ADDENDUM To AN EIR..................................................................... •................8-2 8.05 TIERED EIR .........................................................................................................8-2 8.06 STAGED EIR........................................................................................................8-3 8.07 PROGRAM ETR.....................................................................................................8-4 8.08 USE OF A PROGRAM ETR Wmi SUBSEQUENT EMS AND NEGATIVE DECLARATIONS....................................................................................................84 8.09 USE OF AN EIR FROM AN EARLIER PROJECT......................................................8-4 8.10 MASTER EIR........................................................................................................84 8.11 FOCUSED EIR......................................................................................................8-6 9. CEQA LITIGATION......................................................................................................9-1 9.01 T NELINES...........................................................................................................9-1 9.02 ADMINISTRATIVE RECORD...................................................................................9-1 10. DEFINITIONS..............................................................................................................10-1 10.01 "APPLICANT".....................................................................................................10-1 10.02 "APPROVAL".......................:..............................................................................10-1 10.03 `BASELI.tE..................................:......................................................................10-1 10.04 "CEQA"............................................................................................................10-1 SACT0VM\22869%CITY\2005 -iv- TABLE OF CONTENTS (continued) Page 10.05 "CATEGORICAL EXEMPTION" ............................................................................10-1 10.06 "CITY"...............................................................................................................10-1 10.07 "CLERK"............................""............................................................................10-1 10.08 "COMMUNITY-LEVEL ENVIRONMENTAL REvIEw"............................................10-2 10.09 "CUMULATIVE IMPACTS"...................................................................................10-2 10.10 "CUMULATIVELY CONSIDERABLE"....................................................................10-2 10.11 "DECISIONMAKING BODY"................................................................................10-2 10.12 "DEVELOPED OPEN SPACE"...............................................................................10-2 10.13 "DEVELOPMENT PROJECT" ................................................................................10-3 10.14 "DISCRETIONARY PROJECT"..............................................................................10-3 10.15 "DRAFT EIR......................................................................................................10-3 10.16 "EMERGENCY"...................................................................................................10-3 10.17 "ENVIRONMENT"...............................................................................................10-3 10.18 "EIR..................................................................................................................10-3 10.19 "FEASIBLE"........................................................................................................10-3 10.20 "FINAL ERV.......................................................................................................10-3 10.21 "HISTORICAL RESOURCES"................................................................................10-3 10.22 "INFILL SrrE......................................................................................................10-4 10.23 "INITIAL STUDY"...............................................................................................10-4 10.24 "JURISDICTION BY LAW" ...............................................:...................................104 10.25 "LAND DISPOSAL FACILFFY.. .............................................................................104 10.26 "LARGE TREATMENT FACILITY"........................................................................10-5 10.27 "LEAD AGENCY" ...............................................................................................10-5. 10.28 "LOW-INCOME HOUSEHOLDS"...........................................................................10-5 10.29 "Low-AND MODERATE-INCOME HOUSEHOLDS"...............................................10-5 10.30 "MAJOR TkANsa STOP"....................................................................................10-5 10.31 "MITIGATED NEGATIVE DECLARATION"...........................................................10-5 10.32 "MITIGATION"...................................................................................................10-5 10.33 "NEGATIVE DECLARATION" ..............................................................................10-6 10.34 "NOTICE OF COMPLETION"................................................................................10-6 10.35 "NOTICE OF DETERMINATION"..........................................................................10-6 10.36 "NOTICE OF EXEMPTION".................................................................................. 10-6 10.37 "NOTICE OF PREPARATION"...............................................................................10-6 10.38 "OAK" ...............................................................................................................10-6 10.39 "OAK WOODLANDS"..........................................................................................10-6 10.40 "OFFsITE FAcnsrY"..........................................................................................10-6 10.41 "PERSON" ..........................................................................................................10-6 10.42 "PRIVATE PROJECT"...........................................................................................10-6 10.43 "PROJECT".........................................................................................................10-6 10.44 "PROJECT-SPECIFIC EFFECTS"...........................................................................10-7 10.45 "QUALIFIED URBAN USE"..................................................................................10-7 10.46 "RESIDENTIAL"..................................................................................................10-7 10.47 "RESPONSIBLE AGENCY"................................................................................... 10-7 SACT0UTB\22669%CnY0005 -y- TABLE OF CONTENTS (continued) Page 10.48 "SIGNIFICANT EFFECT"......................................................................................10-7 10.49 "STAFV..............................................................................................................10-7 10.50 "STANDARD".....................................................................................................10-8 10.51 "STATE GuiDELmEs" ........................................................................................10-8 10.52 "SussTANTiAL EviDENcE"................................................................................10-8 10.53 "TmRFNG............................................................................................................10-8 10.54 "TRANSPORTAnoN FACII. ms.........................................................................10-8 10.55 "TRusTEEAGENcr"..........................................................................................10-8 10.56 "URBANIZED AREA"..........................................................................................10-9 10.57 "URBAN GROWTH BouNDARY".........................................................................10-9 10.58 "WETLANDS.......................................................................................................10-9 10.59 "VdIIALIFEHABITAT.......................................................................................10-10 10.60 "ZONING APPROVAL"......................................................................................10-10 11. FORMS................................................:........................................................................11-1 sncr0VM=8WC rnz005 -vi- Local Guidelines for Implementing the California Environmental Quality Act(2005) General Provisions,Purpose and Policy LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALTry ACT ' (2005 REVISION) 1. GENERAL PROVISIONS. PURPOSE AND POLICY 1.01 GENERAL PROVISIONS. These Local Guidelines ("Guidelines") are to assist the City in implementing the provisions of the California Environmental Quality Act ("CEQA"). These Guidelines are consistent with the Guidelines for the Implementation of CEQA ("State Guidelines")which must be followed by state and local agencies in California. These Guidelines have been adopted pursuant to California Public Resources Code Section 21082. 1.02 PURPOSE. The purpose of these Local Guidelines is to help the City accomplish the following basic objectives of CEQA: (a) To enhance and provide long-tens protection for the environment, while providing a decent home and satisfying living environment for every Californian. (b) To provide information to governmental decision-makers and the public regarding the potential significant environmental effects of the proposed project. (c) To provide an analysis of the environmental effects of future actions associated with the project to adequately apprise all interested parties of the true scope of the project for intelligent weighing of the environmental consequences of the project. (d) To identify ways that environmental damage can be avoided or significantly reduced. (e) To prevent significant avoidable environmental damage through utilization of feasible project alternatives or mitigation measures_ (f) To disclose and demonstrate to the public the reasons why a governmental agency approved the project in the manner chosen. Public participation is an essential part of the CEQA process. Each public agency should encourage wide public involvement, formal and informal, in order to receive and evaluate public reactions.to environmental issues related to a public agency's activities. Such involvement should include, whenever possible, making environmental information available in electronic format on the Internet, on a web site maintained or utilized by the public agency. 1.03 APPLICABILITY. These Guidelines apply to any activity of the City which constitutes a "project" as defined in Guidelines Section 10.43. An Environmental Impact Report ("EIR") is required for each such project which may have a significant effect on the environment. When the City finds that a project will have no significant environmental effect, a Negative Declaration or Mitigated Negative Declaration rather than an EIR shall be prepared. SACTOVT13\2266MITY12005 1-1 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) General Provisions,Propose and Policy An EIR serves several functions for the benefit of the City and the public. An EIR (1) identifies and analyzes the significant environmental effects of a proposed project, (2) identifies alternatives to the project, and (3) discloses possible ways to reduce or avoid potential environmental damage. These matters are to be evaluated by the City before the project is approved or disapproved. The EIR is an informational document. It should not be used to rationalize approval of a project. CEQA requires that decisions be informed and balanced. It must not be subverted into an instrument for the oppression and delay of social economic, or recreational development or advancement. Indications of adverse environmental impacts from the project which are identified in the EIR do not necessarily require disapproval of a project. Rather, when an EIR shows that a project would cause substantial adverse changes in the environment, the City must respond to the information by one or more of the following methods: (a) Changing the proposed project. (b) Imposing conditions on the approval of the project. (c) Adopting plans or ordinances to control a broader class of activities to avoid the problems. (d) Choosing an alternative way of meeting the same need. (e) Disapproving the project. (f) Finding that the unavoidable, significant environmental damage is acceptable pursuant to a Statement of Overriding Considerations. Although CEQA requires that major consideration be given to preventing environmental damage, the City also has an obligation to balance other public objectives for each project including economic and social factors. 1.04 REDUCING DELAY AND PAPERWORK. The State Guidelines encourage local governmental agencies to reduce, delay and paperwork by, among other things:, (a) Integrating the CEQA process into early planning review; to this end, the project approval process and these procedures, to the maximum extent feasible, are to run concurrently, not consecutively; (b) Identifying projects which fit within categorical or other exemptions and are therefore exempt from CEQA processing; (c) Using initial studies to identify significant environmental issues and to narrow the scope of EIRs; (d) Using a Negative Declaration when a project not otherwise exempt will not have a significant effect on the environment (e) Consulting with state and local responsible agencies before and during the preparation of an EIR so that the document will meet the needs of all the agencies which will use it; (f) Allowing applicants to revise projects to eliminate possible significant effects on the environment, thereby enabling the project to qualify for a Negative Declaration rather than an EIR; SACT0\rMU2669tCr YU0o5 1-2 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) General Provisions,Repose and Policy (g) Integrating CEQA requirements with other environmental review and consultation requirements; (h) Emphasizing consultation before an EIR is prepared, rather than submitting adverse comments on a completed document; (i) Combining environmental documents with other documents, such as general plans; 0) Eliminating repetitive discussions of the same issues by using EIRs on programs, policies or plans and tiering from statements of broad scope to those of narrower scope; (k) Reducing the length of EIRs by means such as setting appropriate page limits; (1) Preparing analytic, rather than encyclopedic EIRs; (m) Mentioning insignificant issues only briefly; (n) . Writing EIRs in plain language; (o) Following a clear format for EIRs; (p) Emphasizing the portions of the EIR that are useful to decision-makers and the public and reducing emphasis on background material; (q) Incorporating information by reference; and (r) Making comments on EIRs as specific as possible. 1.05 COMPLIANCE WITH STATE LAw. These Guidelines are intended to implement the provisions of CEQA and the State Guidelines, and the provisions of CEQA and the State Guidelines shall be fully complied with even though they may not be set forth or referred to herein. 1.06 TERMINOLOGY. The terms "must' or "shall' identify mandatory requirements. The term "may" is permissive, with the particular decision being left to the discretion of the City. The term "should" identifies the guidance of the Office of Planning and Research, which the City can follow in the absence of countervailing considerations. 1.07 PARTIAL INVALIDITY. In the event any part or provision of these Guidelines shall be determined to be invalid, the remaining portions which can be separated from the invalid unenforceable provisions shall continue in full force and effect. 1.08 ELECTRONIC DELIVERY OF COMMENTS AND NOTICES. Individuals may file a written request to receive copies of public notices provided under these Guidelines or the State Guidelines. The requestor may elect to receive these notices via email rather than regular mail. Notices sent by email are deemed delivered when the staff person sending the email sends it directed to the last email address provided by the requestor to the public agency. Individuals may also submit comments on the CEQA documentation for a project via email. Comments submitted via email shall be treated as written comments for all purposes. Comments sent to the public agency via email are deemed received when they actually arrive in SACT0U7B122869\CITY\2005 1-3 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) General Pro isio Purpose and Poli ns,1'm► eY an email account of a staff person who has been designated or identified as the point of contact for a particular project SAC MMII2869\CrrY\2005 14 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Lead and Responsible Agencies 2. LEAD AND RESPONSIBLE AGENCIES 2.01 LEAD AGENCY PRINCIPLE. The City will be the Lead Agency if it will have principal responsibility for carrying out or approving a project. Where a project is to be carried out or approved by more than one public agency, only one agency shall be responsible for the preparation of environmental documents. This agency shall be called the Lead Agency. 2.02 SELECTION OF LEAD AGENCY. Where two or more public agencies will be involved with a project, the Lead Agency shall be designated according to the following criteria: (a) If the project will be carried out by a public agency,that agency shall be the Lead Agency even if the project will be located within the jurisdiction of another public agency. (b) If the project will be carred out by a nongovernmental person or entity, the Lead Agency shall be the public agency with the greatest responsibility for supervising and approving the project as a whole. The Lead Agency will normally be the agency with general governmental powers, rather than an agency with a single or limited purpose. (For example, a district which will provide a public service or utility to the project serves a limited purpose.) If two or more agencies meet this criteria equally, the agency which acts first on the project will be the Lead Agency. (c) If two or more public agencies have a substantial claim to be the Lead Agency under either (a) or (b), they may designate one agency as the Lead Agency by agreement. An agreement may also provide for cooperative efforts by contract,joint exercise of powers, or similar devices. If an agreement cannot be reached, the dispute may be submitted to the Office of Planning and Research by any public agency, or the applicant if a private project is involved. 2.03 DuT Es OFA LEAD AGENCY. As a Lead Agency, the City shall decide whether a Negative Declaration, Mitigated Negative Declaration or an EIR will be required for a project and shall prepare, or cause to be prepared, and consider the document before making its decision on whether and how to approve the project. The documents may be prepared by Staff or by private consultants pursuant to a contract with the City. However, the City shall independently review and analyze all draft and final EIRs or Negative Declarations prepared fora project and shall find that the EIR or Negative Declaration reflects the independent judgment of the City prior to approval of the document. If a Draft EIR, Final EIR or Focused EIR is prepared under a contract to the City, the contract must be executed within forty-five (45) days from the date on which the City sends a Notice of Preparation. (See Guidelines Section 7.02.) During the process of preparing an EIR, the City shall have the following duties: (a) Immediately after deciding that an EIR is required for a project, the City shall send to the State Clearinghouse and each Responsible Agency a Notice of Preparation (Form "G") stating that an EIR will be prepared. (See Guidelines Section 7.03.) SACTOVi131228691CITYt2005 2-1 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Envim mental Quality Act(2005) Lead and Responsible Agencies (b) The City shall prepare or cause to be prepared the Draft EIR for the project. (See Guidelines Section 7.04.) (c) Once the Draft EIR is completed, the City shall file a Notice of Completion (Form "Ifs with the Office of Planning and Research. (See Guidelines Section 7.18.) (d) The City shall consult with state, federal and local agencies which exercise authority over resources which may be affected by the project for their comments on the completed Draft EIR_ (See Guidelines Section 7.21.) (e) The City shall provide public notice of the availability of a Draft EIR (Form "K") at the same time that it sends a Notice of Completion to the Office of Planning and Research. (See Guidelines Section 7.18.) (f) The City shall evaluate comments on environmental issues received from persons who reviewed the Draft EIR and shall prepare or cause to be prepared a written response. A written response must be provided to all commenting public agencies at least ten (10) days prior to certifying an EIR. (See Guidelines Section 7.24.) (g) The City shall prepare or cause to be prepared a Final EIR before approving the project. (See Guidelines Section 7.25.) (h) The City shall certify that the Final EIR has been completed in compliance with CEQA and has been reviewed by the City Council. (See Guidelines Section 7.27.) (i) The City shall include in the Final EIR, the reply of any Responsible Agency to the Notice of Preparation or Draft EIR. (See Guidelines Sections 2.07, 7.24 and 7.25.) As Lead Agency, the City may charge a non-elected body, such as the Planning Department or Planning Commission, with the responsibility of adopting, certifying or authorizing environmental documents; however, the City must have a procedure allowing for the appeal of the CEQA decisions of any non-elected body to the City Council. Existing provisions of the municipal code may be used to satisfy this requirement. 2.04 CONSULTATION REQUIREMENTs FOR DEVELOPMENT PROJECTS. An applicant for a development project must submit a signed statement to the City stating whether the project and any alternatives are located on a site which is included in any list compiled by the Secretary for Environmental Protection of the Califomia Environmental Protection Agency ("California EPA") listing hazardous waste sites and other specified sites located in the City. The applicant's statement must contain the following information: (a) The applicant's name, address, and phone number. (b) Address of site, and local agency (city/county). (c) Assessor's book, page, and parcel number. (d) The list which includes the site, identification number, and date of list. Before accepting as complete an application for any development project as defined in Guidelines Section 10.13, the City shall consult lists compiled by the Secretary for Environmental Protection of the California EPA pursuant to Government Code Section 65962.5 listing hazardous waste sites and other specified sites located in the City. The City shall notify an applicant for a development project if the project site is located on such a list and not already identified. In the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (see Guidelines Section 6.04) or the Notice of Preparation of Draft EIR (see SACCOUT M869UTY12005 2-2 02005 Best Best&Krieger LLP Local Guidelines far Implementing the - California Environmental Quality Act(2005) Lead and Responsible Agencies Guidelines Section 7.03), the City shall specify the California EPA list, if any, which includes the project site, and shall provide the information contained in the applicant's statement. This provision applies only to projects for which applications have not been deemed complete on or before January 1, 1992. 2.05 RESPONSIBLE AGENCY PRINCIPLE. Where a project is to be carried out or approved by more than one public agency, all public agencies other than the Lead Agency which have discretionary approval power over the project shall be called Responsible Agencies. 2.06 DUTIES OF A RESPONSIBLE AGENCY. As a Responsible Agency, the City shall consider the environmental documents prepared or caused to be prepared by the Lead Agency and reach its own conclusions on whether and how to approve the project involved. The City shall also both respond to consultation by the Lead Agency and attend meetings as requested by the Lead Agency to assist the Lead Agency in preparing adequate environmental documents. The City should also review and comment on Draft EIRs and Negative Declarations. Comments shall be limited to those project activities which are within the City's area of expertise or are required to be carried out or approved by the City or are subject to the City's powers. As a Responsible Agency, the City may identify significant environmental effects of a project for which mitigation is necessary. As a Responsible Agency, the City may submit to the Lead Agency proposed mitigation measures which would address those significant environmental effects. If mitigation measures are required,the City shall submit to the Lead Agency complete and detailed performance objectives for such mitigation measures which would address the significant environmental effects identified, or refer the Lead Agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the Lead Agency by the City shall be limited to measures which mitigate impacts to resources that are within the City's authority. For private projects, the City, as a Responsible Agency, may require the project proponent to provide such information as may be required and to reimburse the City for all costs incurred by it in reporting to the Lead Agency. 2.07 RESPONSE TO NOTICE OF PREPARATION BY RESPONSIBLE AGENCIES. Within thirty (30) days of receipt of a Notice of Preparation of an EIR, the City, as a Responsible Agency, shall specify to the Lead Agency the scope and content of the environmental information related to the City's area of statutory responsibility in connection with the proposed project. At a minimum, the response shall identify the significant environmental issues and possible alternatives and mitigation which the City, as a Responsible Agency, will need to have explored in the Draft EIR Such information shall be specified in writing, shall be as specific as possible, and shall be communicated to the Lead Agency, by certified mail or any other method of transmittal which provides it with a record that the notice was received, not later than thirty (30) days after receipt of the notice of the Lead Agency's determination. The Lead Agency shall incorporate this information into the EIR. SACT0VTB\22869\CITY\2005 2_3 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Lead and Responsible Agencies 2.08 USE OF FINAL EIR OR NEGATIVE DECLARATION BY RESPONSIBLE AGENCIES. The City, as a Responsible Agency, shall consider the Lead Agency's Final EIR or Negative Declaration before acting upon or approving a proposed project. The City shall consider the adequacy of the prior environmental documents for its purposes and in certain instances may require that a Subsequent EIR or a Supplemental EIR be prepared. Mitigation measures and alternatives deemed feasible and relevant to the City's role in carrying out the project shall be adopted. Findings which are relevant to the City's responsibility shall be made. A Notice of Determination shall be filed by the Responsible Agency, but need not state that the Lead Agency's EIR or Negative Declaration complies with CEQA. 2.09 SHIFT IN LEAD AGENCY RESPONSIBILITIES. The City, as a Responsible Agency, shall assume the role of the Lead Agency if any one of the following three conditions is met: (a) The Lead Agency did not prepare any environmental documents for the project, and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. (b) The Lead Agency prepared environmental documents for the project, and all of the following conditions occur: (1) A Subsequent or Supplemental EIR is required; (2) The Lead Agency has granted a final approval for the project; and (3) The statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. (c) The Lead Agency prepared inadequate environmental documents without providing public notice of a Negative Declaration or sending Notice of Preparation of an EIR to Responsible Agencies and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. SACTO\MU26691CITYt2005 24 02005 Best Best&Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act(2005) Activities Exempt from CEQA 3. ACTIVITIES EXEMPT FROM CEOA 3.01 ACTIONS SuB.IEcT To CEQA. CEQA applies to discretionary projects proposed to be carried out or approved by public agencies. If the proposed activity does not come within the definition of"project" contained in Guidelines Section 10.43 it is exempt from CEQA review. "Project" does not include: (a) Proposals for legislation to be enacted by the State Legislature. (b) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, and general policy and procedure making (except as provided in Guidelines Section 10.43). (c) The submittal of proposals to a vote of the people in response to a petition drive initiated by voters, or the enactment of a qualified voter-sponsored initiative under Cal. Const. Art. H, Section l I(a) and Election Code Section 9214. (d) The creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project which may have a potentially significant physical impact on the environment. Government finding mechanisms may include, but are not limited to, assessment districts and community facilities districts. (e) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. (f) Activities that do not result in a direct or reasonably foreseeable indirect physical change in the environment. 3.02 MINISTERIAL PROJECTS. A ministerial project is exempt from CEQA review. This is a project undertaken or approved by the City upon a given set of facts, in a prescribed manner, and in obedience to statute, ordinance, regulation or other legal mandate. A ministerial project is one in which the City officer or employee has no discretionary power to exercise personal judgment or opinion as to the method in which the project will be carried out. CEQA review would be irrelevant for a ministerial project, because the City must act in a preordained way regardless of environmental impacts. The decision whether a proposed project is ministerial in nature may involve or require, to some extent, interpretation of the language of the legal mandate, and should be made on a case-by-case basis. Ministerial projects include, but are not limited to: (a) Issuance of business licenses; (b) Approval of final subdivision maps and final parcel maps; (c) Approval of individual utility service connections and disconnections; (d) Issuance of licenses; (e) Issuance of a permit to do street work; (f) Issuance of building permits where the City does not retain significant discretionary power to modify or shape the project. SACTOUTB\2286MITY\2005 3-1 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA Where a project involves an approval that contains elements of both a ministerial and discretionary nature, the project will be deemed to be discretionary and subject to the requirements of CEQA. 3.03 EXEMPTIONS IN GENERAL. CEQA and the State Guidelines exempt certain activities and provide that local agencies shall further identify and describe certain exemptions. The requirements of CEQA and the obligation to prepare an EIR, Negative Declaration or Mitigated Negative Declaration do not apply to the exempt activities which are set forth in CEQA, the State Guidelines and this Chapter. 3.04 PRELEW NARY EXEMPTION ASSESSMENT. If, in the judgment of Staff, a proposed activity is exempt, Staff should so find on the form entitled "Preliminary Exemption Assessment" (Form "A"). The Preliminary Exemption Assessment shall be retained at City Hall as a public record. 3.05 NOTICE OF EXEMPTION. After City approval of an exempt project, a "Notice of Exemption" (Form `B') may be filed by Staff with the Clerk. The Preliminary Exemption Assessment shall be attached to the Notice of Exemption for filing. If filed, the Clerk must post the Notice within twenty-four (24) hours of receipt, and the Notice must remain posted for thirty (30) days. Although no California Department of Fish and Game ("DFG') filing fee is applicable to exempt projects, most Clerks customarily charge a documentary handling fee to pay for record keeping on behalf of the DFG. Refer to the Index in the Staff Summary to determine if such a fee will be required for the project. The filing of a Notice of Exemption is recommended because it starts a 35-day statute of limitations on legal challenges to the City's determination that the project is exempt from CEQA. The City is encouraged to make postings of all filed notices available in electronic format on the Internet. These electronic postings are in addition to the procedures required by the State Guidelines and the Public Resources Code. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. When a request is made for a copy of the Notice prior to the date on which the City determines the project is exempt, the Notice must be mailed, fust class postage prepaid, within five (5) days of the City's determination. If such a request is made following the City's determination, then the copy should be mailed in the same manner as soon as possible. 3.06 DISAPPROVED PROJECTS. Projects which the City rejects or disapproves are exempt. An applicant shall not be relieved of paying the costs for an EIR or Negative Declaration prepared for a project prior to the City's disapproval of the project. SACTOUTBU2869\CTM2005 3-2 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA 3.07 NO POSSIBILITY OF SIGNIFICANT EFFECT. Where it can be seen with absolute certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is exempt. 3.08 EMERGENCY PROJECTS. The following types of emergency projects are exempt: (The term "emergency" is defined in Guidelines Section 10.16.) (a) Work in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Section 8550 of the Government Code. This includes projects that will remove, destroy, or significantly alter a historical resource when that resource represents an imminent threat to the public of bodily harm or of damage to adjacent property or when the project has received a determination by the State Office of Historic Preservation pursuant to Section 5028(b) of the Public Resources Code. (b) Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare_ (c) Projects necessary to prevent or mitigate an emergency. This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term. (d) Projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, provided that the project is within the existing right of way of that highway and is initiated within one year of the damage occurring. This exemption does not apply to highways designated as official state scenic highways, nor to any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide. (e) Seismic work on highways and bridges pursuant to Section 180.2 of the Streets and Highways Code Section 180, et sem. 3.09 FEASIBILITY AND PLANNING STUDIES. A project that involves only feasibility or planning studies for possible future actions which the City has not yet approved, adopted or funded is exempt. 3.10 RATES,TOLLS,FARES AND CHARGES. The establishment, modification, structuring, restructuring or approval of rates, tolls, fares or other charges by the City that the City finds are for one or more of the purposes listed below are exempt. (a) Meeting operating expenses, including employee wage rates and fringe benefits; (b) Purchasing or leasing supplies, equipment or materials; (c) Meeting financial reserve needs and requirements; or (d) Obtaining funds for capital projects necessary to maintain service within existing service areas. SACT0UTBV2869\CITY\2005 3-3 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA When the City determines that one of the aforementioned activities pertaining to rates, tolls, fares or charges is exempt from the requirements of CEQA, it shall incorporate written findings setting forth the specific basis for the claim of exemption in the record of any proceeding in which such an exemption is claimed. 3.11 SUBSURFACE PIPELINES WITIiIN A PUBLIC RIGHT-OF-WAY. The installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal or demolition of an existing subsurface pipeline is exempt where the project is less than one mile in length and located within a public street, highway or any other public right-of-way. 3.12 CERTAIN RESIDENTIAL HOUSING PROJECTS. CEQA does not apply to the construction, conversion, or use of residential housing if the project meets all of the general requirements described in Section A below and satisfies the specific requirements for any one of the following three categories: (1) agricultural housing (Section B below), (2) affordable housing projects in urbanized areas (Section C below), or (3) affordable housing projects near major transit stops(Section D below). A. General Requirements. The construction, conversion, or use of residential housing units affordable to low-income households (as defined in Section 1028) located on an infill site in an urbanized area is exempt from CEQA if all of the following general requirements are satisfied: (1) The project is consistent with: (a) any applicable general plan, specific plan, and local coastal program, including any mitigation measures, as that plan or program existed on the date that the application was deemed complete, and (b) any applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed complete. A project may satisfy the zoning consistency requirement even if it proposes rezoning of the project site as long as the proposed zoning is consistent with the applicable General Plan designation; (2) Community level environmental review has been adopted or certified; (3) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid or committed to pay all applicable in-lieu or development fees; (4) The project meets all of the following four criteria relating to biological resources: (a) The project site does not contain wetlands; (b) The project site does not have any value as a wildlife habitat; SACTOVTBU286%Cn'Yt2005 34 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA (c) The project does not harm any species protected by the federal Endangered Species Act of 1973, the Native Plant Protection Act, or the California Endangered Species Act;and (d) The project does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete; (5) The project site is not included on any list of facilities and sites compiled pursuant to Section 65962.5 of the Government Code; (6) The project site is subject to a preliminary endangerment assessment prepared by a registered environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity; (a) If a release of a hazardous substance is found to exist on the site, the release shall be removed or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements. (b) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements. (7) The project does not have a significant effect on historical resources; (8) The project site is not subject to any of the following potential hazards except when mitigated as set forth below: (a) A wildland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard; (b) An unusually high risk of fire or explosion from materials stored or used on nearby properties; (c) Risk of a public health exposure at a level that would exceed the standards established by any state or federal agency; (d) Within a delineated earthquake fault zone, as determined pursuant to Section 2622 of the Public Resources Code, or a seismic hazard zone, as determined pursuant to Section 2696 of the Public Resources Code, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake fault or seismic hazard zone; or (e) Landslide hazard, flood plain, floodway, or restriction zone, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood; 3ACTO=U286%CIrYU005 - 3_5 02005 Best Best&Krieger LLP Local Guidelines for Implementing the ' California Environmental Quality Act(2005) Activities Exempt from CEQA (9) The project site is not located on developed open space; (10) The project site is not located within the boundaries of a state conservancy; and (11) The project meets the requirements in either Section 21159.22, 21159.23 or 21159.24 of the Public Resources Code. B. Specific Requirements for Agricultural Housing (Public Resources Code Section 21159.22.) CEQA does not apply to the construction, conversion, or use of residential housing for agricultural employees that meets all of the general requirements described above in Section A and meets the following additional criteria: (1) The project either: (a) is affordable to lower income households, lacks public financial assistance, and the developer has provided sufficient legal commitments to ensure the continued availability and use of the housing units for lower income households for a period of at least fifteen (15)years; or (b) provides housing for very low, low-, or moderate-income households, public financial assistance exists for the development project, and the developer of the project has provided sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for low- and moderate-income households for a period of at least fifteen (15) years; (2) The project site is adjacent on at least two sides to land that has been developed and the project consists of not more than forty-five (45) units or provides dormitories, barracks, or other group-living facilities for a total of forty-five(45)or fewer agricultural employees, and either: (a) The project site is within incorporated City limits or within a census-defined place with a minimum population density of at least five thousand (5,000)persons per square mile; or (b) The project site is within incorporated City limits or within a census- defined place and the minimum population density of the City or the census-defined place is at least one thousand (1,000) persons per square mile, unless the City determines that there is a reasonable possibility that the project would have a significant effect on the environment or that the cumulative effects of successive projects of the same type in the same area would, over time,be significant; (3) If the project is located on a site zoned for general agricultural use, it must consist of twenty (20) or fewer units, or, if the housing consists of SACTOVM2286%cn'YE5s 3-6 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA dormitories, barracks, or other group-living facilities, the project must not provide housing for more than twenty (20)agricultural employees; and (4) The project is not more than two (2) acres in area if the project site is located in an area with a population density of at least one thousand (1,000)000 square mile, and is not more than five (5) acres in area per 9 for all other project sites. C. Specific Requirements for Affordable Housing Projects in Urbanized Areas (Public Resources Code Section 21159.23.) CEQA does not apply to any development project that consists of the construction, conversion, or use of residential housing consisting of one hundred (100) or fewer units that are affordable to low-income households if all of the general requirements described in Section A above are satisfied and the following additional criteria are also met: (1) The developer of the project provides sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for lower income households for a period of at least thirty(30)years; (2) The project site: (a) has been previously developed for qualified urban uses; (b) is immediately adjacent to parcels that are developed with qualified urban uses; or (c) at least 75% of the perimeter of the site adjoins parcels that are developed with qualified urban uses and the remaining 25% of the perimeter of the site adjoins parcels that have previously been developed for qualified urban uses, the site has not been developed for urban uses and no parcel within the site has been created within ten (10)years prior to the proposed development of the site; (3) The project site is not more than five (5)acres in area; and (4) The project site is located: (a) within an urbanized area or within a census-defined place with a population density of at least five thousand (5,000) persons per square mile, (b) if the project consists of fifty (50) or fewer units, within an incorporated city with a population density of at least twenty-five hundred (2,500) persons per square mile and a total population of at least twenty-five thousand(25,000)persons, or (c) within either an incorporated city or a census-defined place with a population density of one thousand (1,000) persons per square mile, unless there is a reasonable possibility that the project would have a significant effect on the environment due to unusual circumstances or due to the related or cumulative impacts of reasonably foreseeable projects in the vicinity of the project. SACTOVTBV.2869\CrM2005 3-7 02005 Best Best&Krieger LLP Local Guidelines fm Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA D. Specific Requirements for Affordable Housing Projects Near Major Transit Stops (Public Resources Code Section 21159.24.) CEQA does not apply to a residential project on an infill site within an urbanized area if all of the general requirements described above in Section A are satisfied and the following additional criteria are also met: (1) Within five (5)years prior to the date that the application for the project is deemed complete, community-level environmental review was certified or adopted. This exemption does not apply, however, if new information about the project or substantial changes regarding the circumstances surrounding the project become available after the community-level environmental review was certified or adopted; (2) The project site is not more than four(4) acres in total area; (3) The project does not contain more than one hundred (100) residential units; (4) The project meets either of the following criteria: (a) At least 10% of the housing is sold to families of moderate income or rented to families of low income or at least 5% of the housing is rented to families of very low income, and the project developer has provided the City with sufficient legal commitments to ensure the continued availability and use of the housing units for very low, low-, and moderate-income households at monthly housing costs;or (b) The project developer has paid or will pay in-lieu fees sufficient to pay for the development of the same number of units that would otherwise be sold or rented to families of moderate or very low income pursuant to subparagraph (a); (5) The project is within one-half mile of a major transit stop; (6) The project does not include any single-level building that exceeds 100,000 square feet; and (7) The project promotes higher density infill housing. (a) A project with a density of at least 20 units per acre shall be conclusively presumed to promote higher density infill housing. (b) A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density housing unless the preponderance of the evidence demonstrates otherwise. SACTOVM\22B6%ClT'"2D05 3-8 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA (8) Exception. (a) The Exemption for Affordable Housing Projects near Major Transit Stops does not apply if any one of the following criteria is met: 1. There is a reasonable possibility that the project will have a project-specific, significant effect on the environment due to unusual circumstances; 2. Since community-level environmental review was certified or adopted, substantial changes have occurred with respect to the circumstances under which the project is being undertaken, and those changes are related to the project; or 3. Since community-level environmental review was certified or adopted, new information regarding the circumstances under which the project is being undertaken has become available, and that new information is related to the project and was not known and could not have been known at the time of the community-level environmental review. (b) If a project satisfies any one of the three criteria described above in Section D.(8)(a), the environmental effects of the project must be analyzed in an environmental impact report or ,a negative declaration. The environmental analysis shall be limited to the effects identified pursuant to Section D.(8)(a). E. Whenever the lead agency determines that a project is exempt from environmental review based on Public Resources Code section 21159.22 [Section 3.12 B. of these Guidelines], 21159.23 [Section 3.12 C. of these Guidelines], or 21159.24 [Section 3.12 D. of these Guidelines], staff and/or the proponent of the project shall file notice of the determination of exemption with the Office of Planning and Research within five working days after the approval of the project. 3.13 MINOR ALTERATIONS TO FLUORIDATE WATER UTILITIES. Minor alterations to water utilities made for the purpose of complying with the fluoridation requirements of Health and Safety Code Sections 4026.7 and 4026.8 or regulations adopted thereunder are exempt. 3.14 BALLOT MEASURES. The definition of project in the State Guidelines specifically excludes the submittal of proposals to a vote of the people of the state or of a particular community. This exception applies only to measures proposed in response to a petition drive initiated by voters. When a governing body makes a decision to put a measure on the ballot, that decision may be discretionary and therefore subject to CEQA. In contrast, the enactment of a qualified voter- sponsored initiative under California Constitution Art. II, Section 11(a) and Election Code SACTOVTB122869\CrrY12005 3-9 02005 Best Best&Krieger LLP Local Guidelines for Implementing the ' California Environmental Quality Act(2005) Activities Exempt from CEQA Section 9214 is not a project and therefore is not subject to CEQA review. (See Guidelines Section 3.01.) 3.15 OTHER SPECIFIC EXEMPTIONS. CEQA and the State Guidelines exempt many other specific activities, including early activities related to thermal power plants, ongoing projects, transportation improvement programs, family day care homes, congestion management programs, railroad grade separation projects, restriping of streets or highways to relieve traffic congestion, and hazardous or volatile liquid pipelines. Specific statutory exemptions are listed in the Public Resources Code, including Sections 21080 through 21080.33, and in the State Guidelines, including Sections 15260 through 15285. 3.16 CATEGORICAL EXEMPTIONS The State Guidelines establish certain classes of categorical exemptions. These apply to classes of projects which have been determined not to have a significant effect on the environment and which, therefore, are exempt. Compliance with the requirements of CEQA or the preparation of environmental documents for any project which comes within one of these classes of categorical exemptions is not required. The classes of projects are briefly summarized below. (Reference to the State Guidelines for the full description of each exemption is recommended.) The exemptions of Classes 3, 4, 5, 6 and 11 below are qualified in that such projects must be considered in light of the location of the project. A project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Therefore, these classes are considered to apply in all instances except where the project may impact on an environmental resource of hazardous or critical concern which is designated; precisely mapped, and officially adopted pursuant to law by federal, state or local agencies. All classes of categorical exemptions are qualified. These exemptions are inapplicable when the cumulative impact of successive projects of the same type in the same place over time is significant or when there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. With the foregoing limitations in mind, the following classes of activity are generally exempt: Class 1: Existing Facilities. Activities involving the operation, repair, maintenance, permitting, leasing, licensing, minor alteration of, or legislative activities to regulate, existing public or private structures, facilities, mechanical equipment or other property, or topographical features, provided the activity involves negligible or no expansion of use beyond that existing at the time of the City's determination. The types of"existing facilities"itemized in Class I are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of an existing use. (State Guidelines Section 15301.) SACTOUMU2869�C17I'Y12005 3-10 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA Class 2: Replacement or Reconstruction. Replacement or reconstruction of existing facilities, structures, or other property where the new facility or structure will be located on the same site as the replaced or reconstructed facility or structure and will have substantially the same purpose and capacity as the replaced or reconstructed facility or structure. (State Guidelines Section 15302.) Class 3: New Construction or Conversion of Small Structures. Construction of limited numbers of small new facilities or structures; installation of small new equipment or facilities in small structures; and the conversion of existing small structures from one use to another, when only minor modifications are made in the exterior of the structure. This exemption includes structures built for both residential and commercial uses. (The maximum number of structures allowable under this exemption is set forth in State Guidelines Section 15303.) Class 4: Minor Alterations to Land. Minor alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees, except for forestry or agricultural purposes. (State Guidelines Section 15304.) Class 5: Minor Alterations in Land Use Limitations. Minor alterations in land use limitations in areas with an average slope of less than 20%which do not result in any changes in land use or density. (State Guidelines Section 15305.) Class 6: Information Collection. Basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. (State Guidelines Section 15306.) Class 7• Actions by Regulatory Agencies for Protection of Natural Resources. Actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. (State Guidelines Section 15307.) Class 8• Actions By Regulatory Agencies for Protection of the Environment. .Actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement or protection of the environment where the regulatory process involves procedures for protection of the environment. (State Guidelines Section 15308.) Class 9: Inspection. Inspection activities, including, but not limited to, inquiries into the performance of an operation and examinations of the quality, health or safety of a project. (State Guidelines Section 15309.) Class 10: Loans. Loans made by the Department of Veteran Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. (State Guidelines Section 15310.) Class 11: Accessory Structures. Construction or replacement of minor structures accessory or appurtenant to existing commercial, industrial, or institutional facilities, including, but not limited to, on-premise signs; small parking lots; and placement of seasonal or temporary SACT0MX22869\CrM2005 3_11 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA use items, such as lifeguard towers, mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks, stadiums or other facilities designed for public use. (State Guidelines Section 15311.) Class 12: Surplus Government Property Sales. Sales of surplus government property, except for certain parcels of land located in an area of statewide, regional or areawide concern as that term is defined in State Guidelines Section 15206(b)(4). However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if. (a) The property does not have significant values for wildlife habitat or other environmental purposes, and (b) Any one of the following three conditions is met: (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in the State Guidelines; or (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. (State Guidelines Section 15312.) Class 13: Acquisition of Lands for Wildlife Conservation Purposes. Acquisition of lands for fish and wildlife conservation purposes, including preservation of fish and wildlife habitat, establishment of ecological preserves under Fish and Game Code Section 1580, and preservation of access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. (State Guidelines Section 15313.) Class 14: Minor Additions to Schools. Minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% or ten (10) classrooms, whichever is less. The addition of portable classrooms is included in this exemption. (State Guidelines Section 15314.) Class 15: Minor Land Divisions. Division(s) of property in urbanized areas zoned for residential, commercial or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two(2)years, and the parcel does not have an average slope greater than 20%. (State Guidelines Section 15315.) Class 16: Transfer of Ownership of Land in Order to Create Parks. Acquisition, sale, or other transfer of land in order to establish a park where the land is in a natural condition or contains historical or archaeological resources and either: (a) The management plan for the park has not been prepared,or (b) The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological resources. SACTOVM\22869\CITYt2005 3-12 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA CEQA will apply when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of the historic or archaeological resource. (State Guidelines Section 15316.) Class 17: Open Space Contracts or Easements. Establishment of agricultural preserves, making and renewing of open space contracts under the Williamson Act or acceptance of easements or fee interests in order to maintain the open space character of the area. (The cancellation of such preserves, contracts, interests or easements is not included in this exemption.) (State Guidelines Section 15317.) Class 18: Designation of Wilderness Areas. Designation of wilderness areas under the California Wilderness System. (State Guidelines Section 15318.) Class 19: Annexations of Existing Facilities and Lots for Exempt Facilities. Annexations: (a) to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or prezoning of either the gaining or losing governmental agency,whichever is more restrictive; provided,however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities; and (b) of individual small parcels of the minimum size for facilities exempted by Class 3, New Construction or Conversion of Small Structures. (State Guidelines Section 15319.) Class 20: Changes in Organization of Local Agencies. Changes in the organization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. (State Guidelines Section 15320.) Class 21: Enforcement Actions by Regulatory Agencies. Actions by the City to enforce or revoke a lease, permit, license, certificate or other entitlement for use issued, adopted or prescribed by the City or a law, general rule, standard or objective administered or adopted by the City; or law enforcement activities by peace officers acting under any law that provides a criminal sanction. (Construction activities undertaken by the City taking the enforcement or revocation action are not included in this exemption.) (State Guidelines Section 15321.) Class 22• Educational or Training Programs Involving No Physical Changes. The adoption, alteration or termination of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. (State Guidelines Section 15322.) Class 23: Normal Operations of Facilities for Public Gatherings. Continued or repeated normal operations of existing facilities for public gatherings for which the facilities were designed, where there is past history, of at least three years, of the facility being used for the same or similar purposes. Facilities included within this exemption include, but are not limited to race tracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools and amusement parks. (State Guidelines Section 15323.) SACTOUTBU2869\Cn"Y12005 3-13 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Activities Exempt from CEQA Class 24: Regulation of Workina Conditions. Actions taken by the City to regulate employee wages, hours of work or working conditions where there will be no demonstrable physical changes outside the place of work. (State Guidelines Section 15324.) Class 25: Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions and Historical Resources. Transfers of ownership of interest in land in order to preserve open space, habitat, or historical resources. Examples include, but are not limited to, acquisition, sale, or other transfer of areas to: preserve existing natural conditions, including plant or animal habitats; allow continued agricultural use of the areas; allow restoration of natural conditions; preserve open space or lands for natural park purposes; or prevent encroachment of development into floodplains. This exemption does not apply to the development of parks or park uses. (State Guidelines Section 15325.) Class 26: Acquisition of Housina for Housing Assistance Programs. Actions by a redevelopment agency, housing authority or other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units, provided the housing units are either in existence or possessing all required permits for construction when the agency makes its final decision to acquire the units. (State Guidelines Section 15326.) Class 27: Leasing New Facilities. Leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency when the City determines that the proposed use of the facility: (1) conforms with existing state plans and policies and with general, community, and specific plans for which an EIR or Negative Declaration has been prepared; (2) is substantially the same as that originally proposed at the time the building permit was issued; (3) does not result in a traffic increase of greater than 10%of front access road capacity; and (4) includes the provision of adequate employee and visitor parking facilities. (State Guidelines Section 15327.) Class 28: Small Hydroelectric Projects as Existing Facilities. Installation of certain small hydroelectric-generating facilities in connection with existing dams, canals and pipelines, subject to the conditions in State Guidelines Section 15328. (State Guidelines Section 15328.) Class 29: Cogeneration Projects at Existing Facilities. Installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting certain conditions listed in State Guidelines Section 15329. (State Guidelines Section 15329.) Class 30: Minor Actions to Prevent. Minimize Stabilize Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances. Minor cleanup actions costing $1 million or less to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance. (State Guidelines Section 15330.) Class 31: Historical Resource Restoration/Rehabilitation. Maintenance, repairs, stabilization, rehabilitation, restoration, preservation, conservation, or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment SACTOVM\226691MYM05 3-14 02005 Best Best&Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act(2005) Activities Exempt from CEQA of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. (State Guidelines Section 15331.) Class 32: Infill Development Projects. Infill development meeting the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) The project site has no value as habitat for endangered, rare or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic,noise, air quality, or water quality; and (e) The site can be adequately served by all required utilities and public services. (State CEQA Guidelines Section 15332.) Class 33: Small Habitat Restoration Projects. Revegetation of disturbed areas with native plant species; wetland restoration, the primary purpose of which is to improve conditions for waterfowl or other species that rely on wetland habitat; stream or river bank revegetation, the primary purpose of which is to improve habitat for amphibians or native fish; projects to restore or enhance habitat that are carried out principally with hand labor and not mechanized equipment; stream or river bank stabilization with native vegetation or other bioengineering techniques, the primary purpose of which is to reduce or eliminate erosion and sedimentation; culvert replacement conducted in accordance with published guidelines of the Department of Fish and Game or NOAA Fisheries, the primary purpose of which is to improve habitat or reduce sedimentation, and other similar projects to assure the maintenance, restoration, enhancement, or protection of habitat for fish, plants, or wildlife. This exemption only applies to project that are five acres or less in size and that meet the following criteria: (a) There would be no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to Section 15065 of the State Guidelines; (b) There are no hazardous materials at or around the project site that may be disturbed or removed; and (c) The project will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. SACTOVM\228691CrrY12005 3-15 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Time Limitations 4. TBIE LIMITATIONS 4.01 REvIEw OF PRIVATE PROJECT APPLICATIONS. Staff shall determine whether the application for a private project is complete within thirty (30) days of receipt of the application. No application may be deemed incomplete for lack of a waiver of the time limitations in Guidelines Sections 4.03 and 4.04. Accepting an application as complete does not limit the authority of the City, acting as the Lead Agency, to require the applicant to submit additional information needed for environmental evaluation of the project. Requiring such additional information after the application is complete does not change the status of the application. 4.02 DETERMINATION OF ENVIRONMENTAL IMPACT. Except as provided in Guidelines Sections 4.05 and 4.06, Staffs initial determination as to whether a Negative Declaration,Mitigated Negative Declaration or an EIR should be prepared shall be made within thirty (30) days from the date on which an application for a project is accepted as complete by the City. This period may be extended fifteen (15) days with consent of the applicant and the City. 4.03 COMPLETION AND ADOPTION OF NEGATIVE DECLARATION. For private projects involving the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies, the Negative Declaration/Mitigated Negative Declaration shall be completed and approved within one hundred eighty(180)days from the date when the City accepted the application as complete. Completion of a Negative Declaration/Mitigated Negative Declaration within the 180-day period shall include completion of the Initial Study, public review and the preparation of documents for approval by the decisionmaking body, either the Planning Commission or City Council (see definition in Guidelines Section 10.11). In the event that compelling circumstances justify additional time and the project applicant consents thereto, Staff may provide for a reasonable extension of the time limit for completing and adopting the Negative Declaration/Mitigated Negative Declaration. 4.04 COMPLETION AND CERTIFICATION OF FINAL EIR. For private projects, the Final ETR shall be completed and certified by the City Council within one year after the date when the City accepted the application as complete. In the event that compelling circumstances justify additional time, the City Council may provide a one-time extension up to ninety (90) days for completing and adopting the EIR, upon consent of the City and the project applicant. 4.05 PROJECTS SUBJECT TO THE PERMIT STREAMLINING ACT. The Permit Streamlining Act requires agencies to make decisions on certain development project approvals within specified time limits. If a project is subject to the Act, the City cannot require the project applicant to submit the informational equivalent of an EIR or prove SACT0M%228691CrfYt2005 4-1 02005 Best Best&Krieger LLP _ Local Guidelines for Implementing the California Environmental Quality Act(2005) Time Limitations compliance with CEQA as a prerequisite to determining whether the project application is complete. In addition, if requested by the project applicant, the City must begin processing the project application prior to final CEQA action, provided the information necessary to begin the process is available. Under the Permit Streamlining Act, the City as Lead Agency must approve or disapprove the development project application within one hundred eighty (180) days from the date on which it certifies the E1R, or ninety (90) days if an extension for completing and certifying the EIR is granted (see Guidelines Section 4.04). If the City adopts a Negative Declaration/Mitigated Negative Declaration, or determines the-development project is exempt from CEQA, it shall approve or disapprove the project application within sixty (60) days from the date on which it adopts the Negative Declaration/Mitigated Negative Declaration or determines that the project is exempt from CEQA. Except for waivers of the time periods for preparing a joint Environmental Impact Report/Environmental Impact Statement (as outlined in Government Code Sections 65951 and 65957), the City cannot require a waiver of the time limits specified in the Permit Streamlining Act as a condition of accepting or processing a development project application. In addition, the City cannot disapprove a development project application in order to comply with the time limits specified in the Permit Streamlining Act. 4.06 PROJECTS,OTHER THAN THOSE SUBJECT TO THE PERMIT STREAMLINING ACT,WITH SHORT TIME PERIODS FOR APPROVAL. A few statutes require agencies to make decisions on project applications within time limits that are so short that review of the project under CEQA would be difficult. To enable the City as Lead Agency to comply with both the enabling statute and CEQA, the City shall deem a project application as not received for filing under the enabling statute until such time as the environmental documentation required by CEQA is complete. This section applies where all of the following conditions are met: (a) The enabling statute for a program, other than development projects under Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, requires the City to take action on an application within a specified period of time of six (6) months or less; (b) The enabling statute provides that the project is approved by operation of law if the City fails to take any action within the specified time period; and (c) The project application involves the.City's issuance of a lease, permit, license, certificate or other entitlement for use. In any case, the environmental document shall be completed or certified and the decision on the application shall be made within the period established by the Permit Streamlining Act (Government Code Sections 65920, et seMc.). 4.07 SUSPENSION OF TIME PERIODS. An unreasonable delay by an applicant in meeting City requests necessary for the preparation of a Negative Declaration or an EIR shall suspend the running of the time periods SACTOUTBU28691C=005 4_2 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) - Time Limitations described in Guidelines Sections 4.03 and 4.04 for the period of the unreasonable delay. Alternatively, the City may disapprove a project application where there is unreasonable delay in meeting requests. The City may also allow a renewed application to start at the same point in the process where the application was when it was disapproved. SACTOV7B12286%CrrY12005 4_3 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study 5. INITIAL STUDY 5.01 PREPARATION OF INITIAL STUDY. If the City determines that it is the Lead Agency for a project which is not exempt, the City shall prepare an Initial Study to ascertain whether the project may have a substantial adverse effect on the environment, regardless of-Allether the overall effect of the project is adverse or beneficial. All phases of project planning, implementation and operation must be considered in the Initial Study. An Initial Study may rely on expert opinion supported by facts, technical studies or other substantial evidence. However, an Initial Study is neither intended nor required to include the level of detail included in an EIR. (a) For City projects, the Initial Study shall be prepared by Staff or by private experts pursuant to contract with the City. (b) For private projects, the person or entity proposing to carry out the project shall submit all data and information as may be required by the City to determine whether the proposed project may have a significant effect on the environment. All costs incurred by the City in reviewing the data and information submitted, or in conducting its own investigation based upon such data and information, or in preparing an Initial Study for the project shall be home by the person or entity proposing to carry out the project. 5.02 INFORMAL CONSULTATION WITH OTHER AGENCIES. When more than one public agency will be involved in undertaking or approving a project, the City as Lead Agency shall consult with all Responsible and any Trustee Agencies. Such consultation shall be undertaken as part of the Initial Study process prior to determining whether an EIR, Mitigated Negative Declaration or Negative Declaration is required for the project. This early consultation, which may be done quickly and informally, is designed to insure that the EIR,Negative Declaration or Mitigated Negative Declaration will reflect the concerns of all Responsible Agencies that will issue approvals for the project and all Trustee Agencies responsible for natural resources affected by the project. It may include consultation with other individuals or organizations with an interest in the project. The Office of Planning and Research, upon request of the City or a private project applicant, shall assist in identifying the various Responsible Agencies for a proposed project and ensure that the Responsible Agencies are notified regarding any early consultation. In the case of a project undertaken by a public agency, the Office of Planning and Research, upon request of the City, shall ensure that any Responsible Agency or public agency that has jurisdiction by law with respect to the project is notified regarding any early consultation. I� during the early consultation process it is determined that the project will clearly have a significant effect on the environment, the City may immediately dispense with the Initial Study and determine that an EIR is required. SACTo\JTaM8691CITYV005 5.1 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study 5.03 CONSULTATION WITH PRIVATE PROJECT APPLICANT. During or immediately after preparation of an Initial Study for a private project, the City may consult with the applicant to determine if the applicant is willing to modify the project to reduce or avoid the significant effects identified in the Initial Study. If the project can be revised to avoid or mitigate effects to a level of insignificance and there is no substantial evidence before the City that the project, as revised, may have a significant effect on the environment, the City may prepare and adopt a Negative Declaration. If any significant effect may still occur despite alterations of the project, an EIR must be prepared. 5.04 PURPOSES OF AN INITIAL STUDY. The Initial Study shall be used to determine whether a Negative Declaration, Mitigated Negative Declaration or an EIR shall be prepared for a project. It provides written documentation of whether the City found evidence of significant adverse impacts which might occur. The purposes of an Initial Study are to: (a) Identify environmental impacts; (b) Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is written; (c) Focus an EIR, if one is required, on potentially significant environmental effects; (d) Facilitate environmental assessment early in the design of a project; (e) Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment; (f) Eliminate unnecessary EIRs; and (g) Determine whether a previously prepared EIR could be used for the project. 5.05 CONTENTS OF INITIAL STUDY. An Initial Study shall contain in brief form: (a) A description of the project, including the location of the project. The project description must be consistent throughout the environmental review process; (b) An identification of the environmental setting; (c) An identification of environmental effects by use of a checklist, matrix, or other method provided that entries are briefly explained to show the evidence supporting the entries. The brief explanation may be through either a narrative or a reference to other information such as attached maps, photographs, or an earlier EIR or Negative Declaration. A reference to another document should include, if possible, a citation to the page or pages where the information is found; (d) A discussion of ways to mitigate any significant effects identified; (e) An examination of whether the project is compatible with existing zoning and local land use plans; (f) The name of the person or persons who prepared or participated in the Initial Study; (g) A summary of any comments regarding the project received from Responsible Agencies, Trustee Agencies or other persons; and SACT0UTak22669\CIrY\2G05 5_2 02005 Best Best$Krieger LLP Local Guidelines for Implementing the California Enviromnental Quality Act(2005) Initial Study (h) Identification of prior EIRs or environmental documents which could be used with the project. 5.06 USE OF A CHECKLIST INITIAL STUDY. When properly completed, the Environmental Checklist (Form "P� will meet the requirements of Guidelines Section 5.05 provided that the entries on the checklist are explained. Either the Environmental Checklist (Form "J") should be expanded or a separate attachment should be prepared to describe the project, including its location, and to identify the environmental setting. California courts have rejected the use of a bare, unsupplemented Initial Study checklist. An Initial Study must contain more than mere conclusions. It must disclose supporting data or evidence upon which the City relied in conducting the Study. The City shall augment checklists with supporting factual data and reference information sources when completing the forms. Explanation of all "potential impact' answers should be provided on attached sheets. For controversial projects, it is advisable to state briefly why "no" answers were checked. If practicable, attach a list of reference materials, such as prior EIRs, plans, traffic studies, air quality data, or other supporting studies. 5.07 EVALUATING SIGNIFICANT ENVIRONMENTAL EFFECTS. In evaluating the environmental significance of effects disclosed by the Initial Study, the City shall consider: (a), Whether the Initial Study and/or any comments received informally during consultations indicate that a fair argument can be made that the project may have a significant adverse environmental impact which cannot be mitigated to a level of insignificance. Even if a fair argument can be made to the contrary, an EIR should be prepared. (b) Whether both primary (direct) and secondary (indirect) consequences of the project were evaluated. Primary consequences are immediately related to the project, while secondary consequences are related more to the primary consequences than to the project itself. For example, secondary impacts upon the resources base, including land, air, water and energy use of an area,may result from population growth, a primary impact. (c) Whether adverse social and economic changes will result from a physical change caused by the project. Adverse economic and social changes resulting from a project are not, in themselves, significant environmental effects. However, if such adverse changes cause physical changes in the environment, those consequences may be used as the basis for finding that the physical change is significant. (d) Whether there is serious public controversy or disagreement among experts over the environmental effects of the project. However, controversy or disagreement alone shall not require preparation of an EIR in the absence of substantial evidence of significant effects. (e) Whether the cumulative impact of the project is significant and whether the incremental effects of the project are "cumulatively considerable" (as defined in Guidelines Section 10.10) when viewed in connection with the effects of past projects, current projects, and probable future projects. SACT0UTB\228691CITY12005 5-3 02005 Best Best&Krieger LLP Local Guidelines for Implementing the _California Environmental Quality Act(2005) Initial g�dy, (f) Whether the project may cause a substantial adverse change in the significance of an archaeological or historical resource. 5.08 MANDATORY FINDINGS OF SIGNMCANT EFFECT. Whenever there is substantial evidence, in light of the whole record, that any of the conditions set forth below may occur , the City shall find that the project may have a significant effect on the environment and thereby shall require preparation of an EIR: (a) The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of major periods of California history or prehistory; (b) The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals; (c) The project has possible environmental effects which are individually limited but cumulatively considerable. "Cumulatively considerable" means that the incremental effects of an individual project are significant when viewed in connection with the effects of past, current, and probable future projects. That is, the City is required to determine whether the incremental impacts of a project are cumulatively considerable by evaluating them against the back-drop of the environmental effects of the other projects; or (d) The environmental effects of a project will cause substantial adverse effects on humans either directly or indirectly. If, before the release of the CEQA document for public review, the potential for triggering one of the mandatory findings of significance is avoided or mitigation measures or project modifications reduce the potentially significant impacts to a point where clearly the mandatory finding of significance is not triggered, preparation of an EIR is not mandated. If the project's potential for triggering one of the mandatory findings of significance cannot be avoided or mitigated to a point where the criterion is clearly not triggered, an EIR shall be prepared, and the relevant mandatory findings of significance shall be used: (1) as thresholds of significance for purposes of preparing the EIR's impact analysis, (2) in making findings on the feasibility of alternatives or mitigation measures, (3) when found to be feasible, in making changes in the project to lessen or avoid the adverse environmental impacts, and (4) when necessary, in adopting a statement of overriding considerations. Although an EIR prepared for a project that triggers one of the mandatory fmdings of significance must use the relevant mandatory findings as thresholds of significance, the EIR need not conclude that the impact itself is significant. Rather,the City must exercise its discretion and determine, on a case-by-case basis after evaluating all of the relevant evidence, whether the project's environmental impacts are avoided or mitigated below a level of significance or whether a statement of overriding considerations is required. SACTT01 TSU2869kCr1Y12005 5-4 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study With regard to a project that has the potential to substantially reduce the number or restrict the range of a protected species, the City does not have to prepare an EIR solely due to that impact, provided the project meets the following three criteria: (1) The project proponent must be bound to implement mitigation requirements relating to such species and habitat pursuant to an approved habitat conservation plan and/or natural communities conservation plan; (2) The state or federal agency must have approved the habitat conservation plan and/or natural community conservation plan in reliance on an EIR and/or EIS; and (3) The mitigation requirements must either avoid any net loss of habitat and net reduction in number of the affected species, or preserve, restore, or enhance sufficient habitat to mitigate the reduction in habitat and number of the affected species below a level of significance. 5.09 MANDATORY PREPARATION OF AN EIR FOR WASTE-BURNING PROJECTS. The City, as Lead Agency, shall prepare or cause to be prepared, and certify the completion of, an ETR, or, if appropriate, a modification, addendum, or supplement to an existing EIR, for any project involving the burning of municipal wastes, hazardous waste or refuse- derived fuel, including,but not limited to,tires, if the project consists of any of the following: (a) The construction of a new facility. (b) The expansion of an existing hazardous waste burning facility which would increase its permitted capacity by more than 10%. (c) The issuance of a hazardous waste facilities permit to a land disposal facility, as defined in Guidelines Section 10.25. (d) The issuance of a hazardous waste facilities permit to an offsite large treatment facility, as defined in Guidelines Sections 10.26 and 10.40. This section does not apply to projects listed in subsections (c) and (d), immediately above, if the facility only manages hazardous waste that is identified or listed pursuant to Health and Safety Code Section 25140 or 25141 or only conducts activities which are regulated pursuant to Health and Safety Code Section 25100, et sea. The City shall calculate the percentage of expansion for an existing facility by comparing the proposed facility's capacity with either of the following, as applicable: (a) The facility capacity authorized in the facility's hazardous waste facilities permit pursuant to Section 25200 of the Health and Safety Code, or its grant of interim status pursuant to Section 25200.5 of the Health and Safety Code, or the facility capacity authorized in any state or local agency permit allowing the construction or operation of the facility for the burning of hazardous waste granted before January 1, 1990; or (b) The facility capacity authorized in the facility's original hazardous facilities permit, grant of interim status, or any state or local agency permit allowing the construction or SACTOVTa\22869ZITY0005 5-5 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Stud operation of a facility for the burning of hazardous waste, granted on or after January 1, 1990. The EIR requirement does not apply to any project which exclusively bums any of the following: (a) digester gas produced from manure or any other solid or semi-solid animal waste; (b) methane gas produced from a disposal site which is used only for the disposal of solid waste; (c) forest, agricultural,wood or other biomass wastes; (d) hazardous waste in an incineration unit that is transportable and which is either at a site for not longer than three years or is part of a remedial or removal action; (e) refinery waste burned in a flare on the site of generation; (f) methane gas produced at a municipal sewage treatment plant and burned in a flare; (g) hazardous waste, or hazardous waste as a supplemental fuel, as part of a research, development, or demonstration project which, consistent with the Resource Conservation and Recovery Act of 1976, has been determined to be innovative and experimental by the State Department of Health Services and which is limited in type and quantity of waste to that necessary to determine the efficacy and performance capabilities of the technology or process; provided, however, that any facility which operated as a research, development or demonstration project and for which an application is thereafter submitted for a hazardous waste facility permit for operation other than as a research, development or demonstration project shall be considered a new facility for the burning of hazardous waste, and therefore subject to EIR requirements; (h) soils contaminated only with petroleum fuels or the vapors from these soils; (i) exclusively treats less than 3,000 pounds of hazardous waste per day in a thermal processing unit operated in the.absence of open flame, and submits a worst-case health risk assessment of the technology to the State Department of Health Services for review and distribution to the interested public. This assessment shall be prepared in accordance with guidelines set forth in the Air Toxics Assessment Manual of the California Air Pollution Control Officers Association; (j) less than 1,200 pounds of infectious waste per day, as defined in Section 25117.5 of the Health and Safety Code, on hospital sites; (k) chemicals and fuels as part of firefighter training; (1) exclusively conducts open burns of explosives subject to the requirements of the local or regional air pollution control district and in compliance with OSHA and Cal-OSHA regulations; or (m) exclusively conducts onsite buming of less than 3,000 pounds per day of fumes directly from a manufacturing or commercial process. Such projects are not exempt from the other requirements of CEQA,the State Guidelines, or these Local Guidelines. This section does not apply to any project over which the State Energy Resources Conservation and Development Commission has assumed jurisdiction per Health and Safety Code Section 25500, et seq. SACTOVTBU2869\Cn1\2005 5_6 ®2005 Best Best&Krieger LLP Loral Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study 5.10 DEVELOPMENT PURSUANT TO AN EXISTING COMMUNITY PLAN AND EIR. _ Before preparing a CEQA document, Staff should determine whether the proposed project involves development consistent with an earlier zoning or community plan to accommodate a particular density for which an EIR has been certified. If an earlier EIR for the zoning or planning action has been certified, and if the proposed project is approval of a subdivision map or development, CEQA applies only to the extent the project raises environmental effects peculiar to the parcel which were not addressed in the earlier EIR. Off-site and cumulative effects not discussed in the general plan EIR must still be considered. Mitigation measures set out in the earlier EIR should be implemented at this stage. Environmental effects shall not be considered peculiar to the parcel if uniformly applied development policies or standards have been previously adopted by a city or county with a finding based on substantial evidence that the policy or standard will substantially mitigate the environmental effect when applied to future projects. Any rezoning action consistent with the Community Plan shall be subject to exemption from CEQA in accordance with this section_ "Community Plan" means part of a city's general plan which: (1) applies to a defined geographic portion of the total area included in the general plan, (2) complies with Article 5 (commencing with Section 65300) of Chapter 3 of Division I of Title 7 of the Government Code by referencing each of the mandatory elements specified in Government Code Section 65302, and (3) contains specific development policies adopted for the area in the Community Plan and identifies measures to implement those policies, so that the policies which will apply to each parcel can be determined. 5.11 LAND USE POLICIES. When a project will amend a general plan or another land use policy, the Initial Study must address how the change in policy and its expected direct and indirect effects will affect the environment. When the amendments constitute substantial changes in policies that result in a significant impact on the environment, an EIR may be required. 5.12 EVALUATING IMPACTS ON HISTORICAL RESOURCES. Projects that may cause a substantial adverse change in the significance of a historical resource, as defined in Guidelines Section 10.21, are projects that may have a significant effect on the environment, thus requiring consideration under CEQA. Particular attention and care should be given when considering such projects, especially projects involving the demolition of a historical resource, since such demolitions have been determined to cause a significant effect on the environment. Substantial adverse change in the significance of a historical resource means physical demolition, destruction, relocation or alteration of the resource or its immediate surroundings, such that the significance of a historical resource would be materially impaired. SACT0UnM86%CITy12005 5.7 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Stud The significance of a historical resource is materially impaired when a project: (a) Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its inclusion in, or eligibility for inclusion in,the California Register of Historical Resources; (b) Demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources or its identification in a historical resources survey, unless the lead agency establishes by a preponderance of evidence that the resource is not historically or culturally significant; or (c) Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its eligibility for inclusion in the California Register of Historical Resources as determined by the lead agency for purposes of CEQA. Generally, a project that follows either one of the following sets of standards and guidelines will be considered mitigated to a level of less than significance: (a) the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings; or (b) the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and Grimmer. In the event of an accidental discovery of a .possible historical resource during construction of the project, the City may provide for the evaluation of the find by a qualified archaeologist or other professional. If the find is determined to be a historical resource, the City should take appropriate steps to implement appropriate avoidance or mitigation measures. Work on non-affected portions of the project, as determined by the City, may continue during the process. Curation may be an appropriate mitigation measure for an artifact that must be removed during project excavation or testing. 5.13 EVALUATING IMPACTS ON ARCHAEOLOGICAL SITES. When a project will impact an archaeological site, the City shall first determine whether the site is a historical resource, as defined in Guidelines Section 10.21. If the archaeological site is a historical resource, it shall be treated and evaluated as such, and not as an archaeological resource. If the archaeological site does not meet the definition of a historical resource, but does meet the definition of a unique archaeological resource set forth in Section 21083.2 of the Public Resources Code, the site shall be treated in accordance with said provisions of the Public Resources Code. The time and cost limitations described in Section 21083.2(c-f) do not apply to surveys and site evaluation activities intended to determine whether the project site contains unique archaeological resources. If the archaeological resource is neither a unique archaeological resource nor a historical resource, the effects of the project on those resources shall not be considered a significant effect on the environment. It shall be sufficient that both the resource and the effect on it are noted in the Initial Study or EIR, if one is prepared to address impacts on other resources, but they need not be considered further in the CEQA process. BACTOUMM869UT M05 5-8 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study In the event of an accidental discovery of a possible unique archaeological resource during construction of the project, the City may provide for the evaluation of the find by a qualified archaeologist. If the find is determined to be a unique archaeological resource, the City should take appropriate steps to implement appropriate avoidance or mitigation measures. Work on non-affected portions of the project, as determined by the City, may continue during the process. Curation may be an appropriate mitigation measure for an artifact that must be removed during project excavation or testing. When an initial study identifies the existence of, or the probable likelihood of; Native American human remains within the Project, the City shall comply with the provisions of State CEQA Guidelines Section 15064.5(d). In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall comply with the provisions of State CEQA Guidelines Section 15064.5(e). 5.14 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS. (a) Projects Subject to Consultation Requirements. This section applies only when a project involves one of the following: (1) Over 500 homes; (2) Shopping centers or businesses with over 1,000 employees or 500,000 square feet of floor space; (3) Commercial office buildings with over 1,000 employees or 250,000 square feet of floor space; (4) Hotels or motels with more than 500 rooms; (5) Industrial, manufacturing or processing plants which will house more than 1,000 persons, occupy more than 40 acres of land or have more than 650,000 square feet of floor space; (6) Mixed-use projects that include one or more of their projects specified in this section; ( ) Projects that would demand at least as much water as a 500 dwelling unit project; or (8) If a public water system has fewer than 5,000 connections, then this section applies to any proposed residential, business, commercial, hotel or motel, or industrial development that would increase the public water system's number of service connections by 10% or more, or any mixed-use project that would increase water demand by an amount equivalent to a 10% increase in service connections. (b) Water Supply Assessment. When the City determines what type of environmental document will be prepared for a project, the City must identify any public water system that may supply water for the project and request that the public water system prepare a specified water supply assessment. For purposes of this section, any system that provides water to 3,000 or more service connections qualifies as a SACTOUM\2286MITY12005 5-9 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study public water system. The assessment must include identification of existing water supply entitlements, water rights, or water service contracts relevant to the water supply for the proposed project and water received in prior years pursuant to those entitlements, rights, and contracts. If the public water system concludes that the water supply is, or will be, insufficient, it must submit plans for acquiring additional water supplies. If a city is unable to identify any public water system that may supply water for the project, the City must prepare the water supply assessment itself The City must include the water supply assessment (prepared by the public water system or itself) in any environmental document prepared for the project. For complete information on these requirements, consult Water Code Sections 10910, e"se 5.15 SUBDIVISIONS WITH MORE THAN 500 DWELLING UNITS. The City and its advisory agencies are prohibited from approving a tentative map, parcel map for which a tentative map was not required, or a development agreement for a subdivision of property of more than 500 dwellings units,unless: (1) The City Council or the advisory agency receives written verification from the applicable public water system that a sufficient water supply is available; or (2) Under certain circumstances, the City Council or the advisory agency makes a specified finding that sufficient water supplies are, or will be, available prior to completion of the project. As a result, the City should obtain written verification as described above during the Initial Study phase of the CEQA process for any proposed residential development of more than 500 dwelling units. For complete information on these requirements, consult Government Code Section 66473.7. 5.16 IMPACTS TO OAK WOODLANDS. When.a county prepares an Initial Study to determine what type of environmental document will be prepared for a project within its jurisdiction, the county must determine whether the project may result in a conversion of oak woodlands that will have a significant effect on the environment. Normally, this rule does not apply to projects undertaken by the City. However, if the City is a Responsible Agency on such a project, the City should endeavor to ensure that the county, as Lead Agency, analyzes these impacts in accordance with CEQA. 5.17 ENVHtONMENTALIMPACTASSESSMENT. The job of the Initial Study is to identify which environmental impacts may be significant. Based upon the Initial Study, Staff shall determine whether a proposed project may or will have a significant effect on the environment. Such determination shall be made in writing on the Environmental Impact Assessment Form (Form "C"). If Staff finds.that a project will not have a significant effect on the environment, it shall recommend that a Negative Declaration be prepared and adopted by the decisionmaking body. If Staff finds that a project may have a significant effect on the environment, but the effects can be mitigated to a level of insignificance, it shall recommend that a Mitigated Negative Declaration be prepared and adopted by the decisionmaking body. If Staff finds that a project may have a significant effect on the SACTOUTB\22869CiTY12005 5-10 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Initial Study environment, it shall recommend that an EIR be prepared and certified by the decisionmaking body. 5.18 FINAL DETERMINATION. The City Council shall have the final responsibility for determining whether an EIR, Negative Declaration or Mitigated Negative Declaration shall be required for any project. The City Council's determination shall be final and conclusive on all persons, including Responsible Agencies and Trustee Agencies, except as provided in Section 15050(c)of the State Guidelines. SACTOUTB12286910TY12005 5_11 ®2005 Best Best&Krieger LLP Local Guidelines for Implementing the - California Envimnmental Quality Act(2005) - Negative Declaration 6. NEGATIVE DECLARATION 6.01 DECISION TO PREPARE A NEGATIVE DECLARATION. A Negative Declaration (Form "E") shall be prepared for a project subject to CEQA when the Initial Study shows that there is no substantial evidence in light of the whole record that the project may have a significant or potentially significant adverse effect on the environment. (See Guidelines Sections 10.43 and 10.48.) 6.02 DECLSION TO PREPARE A MITIGATED NEGATIVE DECLARATION. A Mitigated Negative Declaration (Form "E") shall be prepared for a project subject to CEQA when the Initial Study identifies potentially significant effects on the environment, but: (a) The project applicant has agreed to revise the project or the City can revise the project to avoid these significant effects or to mitigate the effects to a point where it is clear that no significant effects would occur and (b) There is no substantial evidence in light of the whole record before the City that the revised project may have a significant effect. If an applicant proposes mitigation measures, the project plans must be revised to incorporate these mitigation measures before the proposed Negative Declaration is released for public review. It is insufficient to require an applicant to adopt mitigation measures after final adoption of the Negative Declaration or to state that mitigation measures will be recommended on the basis of a future study. The City must know the measures at the time the Negative Declaration is adopted in order for them to be evaluated and accepted as adequate mitigation. Evidence of agreement by the applicant to such mitigation should be in the record prior to public review. Except where noted, the procedural requirements for the preparation and approval of a Negative Declaration and Mitigated Negative Declaration are the same. 6.03 CONTRACTING FOR PREPARATION OF NEGATIVE DECLARATION. The City, when acting as Lead Agency, is responsible for preparing all documents required pursuant to CEQA. The documents may be prepared by Staff or by private consultants pursuant to a contract with the City, but they must be the City's product and reflect the independent judgment of the City. 6.04 NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. When, based upon the Initial Study, it is recommended to the decisionmaking body that a Negative Declaration or Mitigated Negative Declaration be adopted, a Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (Form "D') shall be provided to the public, to all Responsible Agencies and to every other public agency with jurisdiction by law over resources affected by the project. The Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (Form "D") must be provided at least twenty (20) days, or, in cases subject to review by the State Clearinghouse, at least thirty (30) days, before the final adoption of the Negative Declaration or Mitigated Negative Declaration by the decisionmaking SAC 0VM%22869%CrrYt2005 .6-1 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration body. The Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration shall be mailed to the last known name and address of all organizations and individuals who have previously filed a written request with the City. A copy of the proposed Negative Declaration or Mitigated Negative Declaration and the Initial Study shall be attached to the Notice of Intent to Adopt that is sent to every Responsible Agency and Trustee Agency concerned with the project and every other public agency with jurisdiction by law over resources affected by the project. The City may charge a fee for this service, except to other public agencies. The City may require requests for notices to be renewed annually. If the documents are submitted to the State Clearinghouse for circulation, the public review period shall be at least as long as the period of review by the State Clearinghouse. (See Guidelines Section 6.06.) If the City is submitting a Negative Declaration or Mitigated Negative Declaration to the State Clearinghouse, the Notice of Completion form may be used. The Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration shall contain the following information: (a) The period during which comments shall be received. (b) The date, time and place of any public meetings or hearings on the proposed project. (c) A brief description of the proposed project and its location. (d) The address where copies of the proposed Negative Declaration or Mitigated Negative Declaration and all documents referenced in the proposed Negative Declaration or Mitigated Negative Declaration are available for review. (e) The Environmental Protection Agency ("EPA") list on which the proposed project site is located,.if applicable, and the corresponding information from the applicant's statement. (See Guidelines Section 2.04.) (f) The significant effects on the environment, if any, anticipated as a result of the proposed project. The proposed Negative Declaration or Mitigated Negative Declaration and Initial Study must reflect the independent judgment of the City. 6.05 POSTING AND PUBLICATION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. The City shall have a copy of the Notice of Intent to Adopt, the Draft Negative Declaration or Mitigated Negative Declaration and the Initial Study posted at the City's offices and made available for public inspection. The Notice must be provided either twenty (20) or thirty (30) days prior to final adoption of the Negative Declaration or Mitigated Negative Declaration: Negative Declarations prepared for projects subject to State Clearinghouse review must be circulated for at least thirty (30) days, while all other Negative Declarations must be circulated for at least twenty (20)days. The Notice must also be posted in the office of the Clerk in each county in which the Project is located and must remain posted for a minimum of twenty (20) days, unless otherwise required by law to be posted for thirty (30) days. The Clerk shall post the Notice within twenty- four(24)hours of receipt. SAC 0VTB\22869\C=005 6.2 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Ad(2005) Negative Declaration As stated in Guidelines Section 6.04, notice shall be given by mail to the last known name and address of all organizations and individuals who have previously requested such notice. In addition, it must be given by at least one of the following procedures: (a) Publication at least once in a newspaper of general circulation in the area affected by the proposed project. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas; (b) Posting of notice on and off site in the area where the project is to be located; or (c) Direct mailing to owners and occupants of property contiguous to the project, as shown on the latest equalized assessment roll. The City shall consider all comments received during the public review period for the Negative Declaration or Mitigated Negative Declaration. Comments submitted via email shall be treated as written comments for all purposes. Comments sent to the public agency via email are deemed received when they actually arrive in an email account of a staff person who has been designated or identified as the point of contact for a particular project. The City is not required to revs and in writing to comments it receives either during or after the public review period. However, the City may want to provide a written response to all comments if it will not delay action on the Negative Declaration or Mitigated Negative Declaration, since any comment received prior to final action on the Negative Declaration or Mitigated Negative Declaration can form the basis of a legal challenge. A written response which refutes the comment or adequately explains the City's action in light of the comment will assist the City in defending against a legal challenge. The City shall notify any public agency which comments on a Negative Declaration or Mitigated Negative Declaration of the public hearing or hearings, if any, on the project for which the Negative Declaration or Mitigated Negative Declaration was prepared. 6.06 SUBNIISSION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION TO STATE CLEARINGHOUSE. A Negative Declaration or Mitigated Negative Declaration must be submitted to the State Clearinghouse for circulation in the following situations: (a) The Negative Declaration or Mitigated Negative Declaration is prepared by a Lead Agency that is a state agency. (b) The Negative Declaration or Mitigated Negative Declaration is prepared by a public agency where a state agency is a Responsible Agency, Trustee Agency, or otherwise has jurisdiction by law with respect to the project. (c) The Negative Declaration or Mitigated Negative Declaration is for a project identified in State Guidelines Section 15206 as being of statewide,regional, or areawide significance. State Guidelines Section 15206 identifies the following types of projects as being examples of projects of statewide,regional, or areawide significance which require submission to the State Clearinghouse for circulation: SACT0UTBM86%CrrY0005 6_3 02005 Best Best$Krieger LLP Local Guidelines for Implementing the - - Califomia Environmental Quality Act(2005) Negative Declaration • Projects which have the potential for causing significant environmental effects beyond the city or county where the project would be located, such as: • Residential development of more than 500 units. • Commercial projects employing more than 1,000 persons or covering more than 500,000 square feet of floor space. • Office building projects employing more than 1,000 persons or covering more than 250,000 square feet of floor space. • Hotel or motel development of more than 500 rooms. • Industrial projects housing more than 1,000 persons, occupying more than 40 acres of land, or covering more than 650,000 square feet of floor area. • Projects for the cancellation of a Williamson Act contract covering more than 100 acres. • Projects in one of the following Environmentally Sensitive Areas: • Lake Tahoe Basin. • Santa Monica Mountains Zone. • Sacramento-San Joaquin River Delta. • Suisun Marsh. • Coastal Zone, as defined by the California Coastal Act. • Areas within one-quarter mile of a river designated as wild and scenic. • Areas within the jurisdiction of the San Francisco Bay Conservation and Development Commission. • Projects which would affect sensitive wildlife habitats or the habitats of any rare, threatened,or endangered species. • Projects which would interfere with water quality standards. • Projects which would provide housing,jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant. A Negative Declaration or Mitigated Negative Declaration may also be submitted to the State Clearinghouse for circulation if a state agency has special expertise with regard to the environmental impacts involved. When the Negative Declaration or Mitigated Negative Declaration is submitted to the State Clearinghouse for review, the public review period shall be at least thirty (30) days. When a Negative Declaration or Mitigated Negative Declaration is submitted to the State Clearinghouse, a Notice of Completion (Form "H") should be included as a cover sheet. A sufficient number of copies of the documents must be sent to the State Clearinghouse for circulation. Staff should contact the State Clearinghouse to find out the correct number of printed copies required for circulation. In addition to the printed copies, a copy of the documents in electronic format shall be submitted on a diskette or by electronic mail transmission if available. A shorter review period by the State Clearinghouse for a Negative Declaration or Mitigated Negative Declaration can be requested by the decisionmaking body. The shortened review period shall not be less than twenty(20)days. Such a request must be made in writing by the Lead Agency to the Office of Planning and Research. The decisionmaking body may designate by resolution or ordinance an individual authorized to request a shorter review period. Any approval of a shortened review period must be given prior to, and reflected in, the public notice. However, a shortened review period shall not be approved by the Office of Planning and SACTOUTB\2286%Crr1'\2005 6-4 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration Research for any proposed project Of statewide, regional or areawide environmental significance, as defined by State Guidelines Section 15206. 6.07 SPECIAL NOTICE REQUIREMENTS FOR WASTE AND FUEL BURNING PROJECTS. For any waste burning project, as defined in Guidelines Section 5.09, Notice of Intent to Adopt a Negative Declaration (see Guidelines Section 6.04) shall be given to all organizations and individuals who have previously requested it and shall also be given by all three of the procedures listed in Guidelines Section 6.05. In addition,Notice shall be given by direct mailing to the owners and occupants of property within one-quarter mile of any parcel or parcels on which such a project is located. These notice requirements apply only to those projects described in Guidelines Section 5.08. These notice requirements do not preclude the City from providing additional notice by other means if desired. 6.08 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS. Under specific circumstances the City must consult with the public water system which will supply the project to determine whether it can adequately supply the water needed for the project. See Guidelines Section 5.15 for more information on these requirements. 6.09 CONTENT OF NEGATIVE DECLARATION. A Negative Declaration must be prepared directly by or under contract to the City and should generally resemble Form"E". It shall contain the following information: (a) A brief description of the project proposed, including any commonly used name for the project, if any. (b) The location of the project and the name of the project proponent. (c) A finding that the project as proposed will not have a significant effect on the environment. (d) An attached copy of the Initial Study documenting reasons to support the finding. (e) For a Mitigated Negative Declaration, feasible mitigation measures included in the project to substantially lessen or avoid potentially significant effects, which must be fully enforceable through permit conditions, agreements, or other measures. Such permit conditions, agreements, and measures must be consistent with applicable constitutional requirements such as the "nexus" and "rough proportionality" standards established by case law. 6.10 ADOPTION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. Following the publication, posting or mailing of the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration, but in no event sooner than the expiration of the applicable twenty (20) or thirty (30) day public review period, the Negative Declaration or Mitigated Negative Declaration may be presented to the decisionmaking body at a regular or special meeting. Prior to adoption, the City shall independently review and analyze the Negative SACrOUM=869%CrlYt20o5 6_5 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration Declaration or Mitigated Negative Declaration and find that the Negative Declaration or Mitigated Negative Declaration reflects the independent judgment of the City. If the decisionmaking body finds that the project will not have a significant effect on the environment, it shall adopt the Negative Declaration or Mitigated Negative Declaration. When adopting the Negative Declaration or Mitigated Negative Declaration, the City shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which it based its decision. If the decisionmaking body finds that the proposed project may have a significant effect on the environment that cannot be mitigated or avoided, it shall order the preparation of a Draft EIR and the filing of a Notice of Preparation of a Draft EIR. Recirculation should be considered if substantial new mitigation is added after public review(see Guidelines Section 6.13). 6.11 MITIGATION REPORTING OR MONITORING PROGRAM FOR MITIGATED NEGATIVE DECLARATION. When adopting a Mitigated Negative Declaration pursuant to Guidelines Section 6.10, the City shall adopt a reporting or monitoring program to assure that mitigation measures which are required to mitigate or avoid significant effects on the environment will be fully enforceable through permit conditions, agreements, or other measures and implemented by the project proponent or other responsible party in a timely manner, in accordance with conditions of project approval. The City shall also specify the location and the custodian of the documents which constitute the record of proceedings upon which it based its decision. There is no requirement that the reporting or monitoring program be circulated for public review; however, the City may choose to circulate it for public comments along with the Negative Declaration. The mitigation measures required to mitigate or avoid significant effects on the environment must be adopted as conditions of project approval. This reporting or monitoring program shall be designed to assure compliance during the implementation or construction of a project and shall otherwise comply with the requirements described in Guidelines Section 7.32. If a Responsible Agency or Trustee Agency has required that certain conditions be incorporated into the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. The City shall also require that prior to the close of the public review period for a Mitigated Negative Declaration (see Guidelines Section 6.04), the Responsible or Trustee Agency submit detailed performance objectives for mitigation measures, or refer the City to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures which mitigate impacts to resources which are within the Responsible or Trustee Agency's authority. Local agencies have the authority to levy fees sufficient to pay for this program. Therefore, the City can charge the project proponent a fee to cover actual costs of program processing and implementation. Transportation information resulting from the reporting or monitoring program required to be adopted by the City shall be submitted to the regional transportation planning agency where the project is located and to the Department of Transportation for a project of statewide, regional SACTOVTB\22869\CnYR005 6_6 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration or areawide significance according to State Guidelines Section 15206. The transportation planning agency and the Department of Transportation are required by law to adopt guidelines for the submittal of these reporting or monitoring programs, so the City may wish to tailor its submittal to such guidelines. 6.12 - APPROVAL OR DISAPPROVAL OF PROJECT. At the time of adoption of a Negative Declaration or Mitigated Negative Declaration, the decisionmaking body may consider the project for purposes of approval or disapproval. Prior to approving the project, the decisionmaking body shall consider the Negative Declaration or Mitigated Negative Declaration, together with any written comments received and considered during the public review period, and shall approve or disapprove the Negative Declaration or Mitigated Negative Declaration. .In making a fording as to whether there is any substantial evidence that the project will have a significant effect on the environment, the factors listed in Guidelines Section 5.08 should be considered. (See Guidelines Section 7.30 for approval requirements for facilities which may emit hazardous pollutants or which may handle extremely hazardous substances within one-quarter mile of a school site.) 6.13 REcl mcmATION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. A Negative Declaration or Mitigated Negative Declaration must be recirculated when the document must be substantially revised after the public review period but prior to its adoption. A "substantial revision" is defined as a new and avoidable significant effect for which mitigation measures or project revisions must be added in order to reduce the effect to a level of insignificance. A "substantial revision" can also include when the City determines that the proposed mitigation measures or project revisions will not reduce the potential effects to less than significant and new measures or revisions must be required. Recirculation is not required under the following circumstances: (a) Mitigation measures are replaced with equal or more effective measures, and the City makes a fording to that effect. (b) New project revisions are added after circulation of the Negative Declaration or Mitigated Negative Declaration or in response to written or oral comments on the project's effects, but the revisions do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect. (c) Measures or conditions of project approval are added after circulation of the Negative Declaration or Mitigated Negative Declaration, but the measures or conditions are not required by CEQA, do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect. (d) New information is added to the Negative Declaration or Mitigated Declaration which merely clarifies, amplifies, or makes insignificant modifications to the Negative Declaration or Mitigated Negative Declaration. If, after preparation of a Negative Declaration or Mitigated Negative Declaration, the City determines that the project requires an EIR, it shall circulate the Draft EIR for consultation 9ACT0VTB\2286%CrrYUo05 6.7 02005 Best Best&Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act(2005) Negative Declaration and review and advise reviewers in writing that a proposed Negative Declaration or Mitigated Declaration had previously been circulated for the project. 6.14 NOTICE OF DETERMINATION ON A PROJECT FOR WHICH A PROPOSED NEGATIVE OR MITIGATED NEGATIVE DECLARATION HAS BEEN APPROVED. Following consideration and approval of a project for which the City is Lead Agency, the decisionmaking body shall order Staff to prepare and file a Notice of Determination (Form "F") which shall contain the following: (a) An identification of the project including the project title as identified on the proposed Negative Declaration, its location, and the State Clearinghouse identification number for the proposed Negative Declaration if the Notice of Determination is filed with the State Clearinghouse; (b) A brief description of the project; (c) The name of the City and the date on which the City approved the project; (d) The determination of the City that the project will not have a significant effect on the environment; (e) A statement that a Negative Declaration or Mitigated Negative Declaration was adopted pursuant to the provisions of CEQA; (f) A statement indicating whether mitigation measures were made a condition of the approval of the project, and whether a mitigation monitoring plan/program was adopted; and (g) The address where a copy of the Negative Declaration or Mitigated Negative Declaration may be examined. The Notice of Determination shall be filed with the Clerk of each county in which the project will be located within five (5)working days of project approval. The City is encouraged to make copies of filed notices available in electronic format on the Internet. Such electronic notices are in addition to the posting requirements of the CEQA Guidelines and the Public Resources Code. The Clerk must post the Notice of Determination within twenty-four (24) hours of receipt. The Notice must be posted in the office of the Clerk for a minimum of thirty (30) days. Thereafter, the Clerk shall return the notice to the City with a notation of the period it was posted. The City shall retain the notice for not less than twelve (12) months. If the project requires discretionary approval from any State agency, the Notice of Determination shall also be filed with the Office of Planning and Research within five (5) working days of project approval along with proof of payment of the California Department of Fish and Game fee or Certificate of Fee Exemption (see Guidelines Section 6.18). Simultaneously with the filing of the Notice of Determination with the Clerk, Staff shall cause a copy of the Notice of Determination to be posted at City Hall. When a request is made for a copy of the Notice prior to the date on which the City adopts the Negative Declaration, the copy must be mailed, first class postage prepaid,within five (5) days of the City's determination. If such a request is made following the City's determination, then the copy should be mailed in the same manner as soon as possible. The SACT0Tn3U26691Cn YL2005 6_8 02005 Best Best&Krieger LIP Local Guidelines for Implementing the California Ewimnmental Quality Art(2005) Negative Declaration recipients of such documents may be charged a fee reasonably related to the cost of providing the service. For projects with more than one phase, Staff shall file a Notice of Determination for each phase requiring a discretionary approval. The filing and posting of a Notice of Determination with the Clerk, and, if necessary, with the Office of Planning and Research,usually starts a thirty (30) day statute of limitations on court challenges to the approval under CEQA. When separate notices are filed for successive phases of the same overall project, the thirty (30) day statute of limitation to challenge the subsequent phase begins to run when the second notice is filed. Failure to file the Notice results in a one hundred eighty(180) day statute of limitations. 6.15 ADDENDUM TO NEGATIVE DECLARATION. The City may prepare an addendum to an adopted Negative Declaration if only minor technical changes or additions are necessary. The City may also prepare an addendum to an adopted negative declaration when none of the conditions calling for a subsequent negative declaration have occurred. (See Guidelines Section 6.16 below.) An addendum need not be circulated for public review but can be attached to the adopted Negative Declaration. The City shall consider the addendum with the adopted Negative Declaration prior to project approval. 6.16 SUBSEQUENT NEGATIVE DECLARATION. When a Negative Declaration has been adopted for a project, or when an EIR has been certified, a subsequent Negative Declaration or EIR must be prepared in the following instances: (a) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (c) New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or the Negative Declaration was adopted which shows any of the following: (1) The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; (2) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (3) Mitigation measure(s) or alternative(s) previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents declined to adopt the mitigation measure(s)or alternative(s); or SACTOUM\2286%CrrYt2005 6_9 02005 Best Best&Krieger LLP Loral Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration (4) Mitigation measure(s) or altemative(s) which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure(s) or alternative(s). The City as Lead Agency would then determine whether a Subsequent EIR, Supplemental EIR, Negative Declaration or Addendum would be applicable. Subsequent Negative Declarations must be given the same notice and public review period as other Negative Declarations. The Subsequent Negative Declaration shall state where the previous document is available and can be reviewed. 6.17 PRIVATE PROJECT COSTS. For private projects, the person or entity proposing to carry out the project shall bear all costs incurred by the City in preparing the Initial Study and in preparing and filing the Negative Declaration and Notice of Determination. 6.18 FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES. At the time a Notice of Determination for a Negative Declaration is filed with the Clerk, a fee of $1,250 shall be paid to the Clerk for projects which will adversely affect fish and wildlife resources. These fees are collected by the Clerk on behalf of the California Department of Fish and Game("DFG"). Only one filing fee is required for each project unless the project is tiered or phased and separate environmental documents are prepared. For projects where a Lead Agency and Responsible Agencies file separate Notices of Determination, only the Lead Agency is required to pay the fee. Note: The Clerk customarily charges a documentary handling fee for each project in addition to the filing fee specified above. Refer to the Index in the Staff Summary to help determine the correct amount. For private projects,the City shall pass these costs on to the project applicant. No fees are required for projects with a "de minimis" effect on fish and wildlife resources, or for certain projects undertaken by the DFG and implemented through a contract with a non-profit entity or local government agency. A project with a"de minimis" effect has no potential for adverse effect on fish and wildlife. This is an important exception. DFG considers the following projects as likely to have "de minimis" effects on fish and wildlife, depending on the specific facts of each project: (1) Projects which enhance fish and wildlife and their habitats and result in no accompanying adverse impacts to fish or wildlife; (2) Lot line adjustments; (3) Building remodeling; (4) Annexations; (5) Redevelopment on existing urban subdivisions with no wildlife habitat; SACT0VTB=8691C=005 6-10 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Negative Declaration (6) Infill of undeveloped urban lots; or (7) Adoption of a General Plan, where CEQA requires a subsequent discretionary project approval before any physical change to natural habitat is permitted. If the City believes that a project will have a"de minim&' effect on wildlife resources, it should file the Certificate of Fee Exemption attached as Form "L". This form requires the City to set forth facts in support of the fee exemption. These facts should include: (1) the name and address of the project proponent; (2) a brief description of the project and its location; (3) a statement that an Initial Study has been prepared by the City to evaluate the project's effects on wildlife resources, if any; (4) a declaration that there is no evidence before the City that the project will have any potential for adverse effect on wildlife resources; and (5) a declaration that the City has, on the basis of substantial evidence, "rebutted" the presumption of adverse effect contained in the regulations. A presumption of adverse effect occurs if the project has the potential for adverse effects on the fish and wildlife resources as listed on Form "L". To rebut the presumption of adverse effect, the City should explain in the declaration why the project would not have an adverse impact on fish and wildlife and reference any supporting evidence. These findings should be made at the time of approval of the Negative Declaration and attached to Form "L" when submitted to the County. Two copies of this form must be filed with the Notice of Determination in order to obtain the fee exemption. If the City believes that a project has been undertaken by the DFG, that the project's costs are payable from one or more of the sources indicated in the Fish and Game Code, and that the project is being implemented through a contract with a non-profit entity or a local government agency, the DFG filing fee does not apply. Since the DFG has not yet adopted regulations to govem this exemption, including a new "Certificate of Fee Exemption," the City may wish to use Form"L" and make appropriate modifications to reflect this exemption. SACTOVT8M869\CITri2005 6-11 0200513W Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report 7. ENVIRONMENTAL IMPACT REPORT 7.01 DECISION TO PREPARE AN EIR. An EIR shall be prepared whenever there is substantial evidence in light of the whole record which supports a fair argument that a project may have a significant effect on the environment. (See Guidelines Sections 10.43 and 10.48.) The record may include the Initial Study or other documents or studies prepared to assess the project's environmental impacts. 7.02 CONTRACTING FOR PREPARATION OF EIIts. If a Draft EIR, EIR or Focused EIR is prepared under a contract to the City, the contract must be executed within forty-five (45) days from the date on which the City sends a Notice of Preparation. The City may take longer to execute the contract if the project applicant and the City mutually agree to an extension of the 45-day time limit. The Draft EIR, EIR or Focused EIR prepared under contract must be the City's product. Staff, together with such consultant help as may be required, shall independently review and analyze the Draft EIR, EIR or Focused EIR to verify its accuracy, objectivity and completeness prior to presenting it to the decisionmaking body. The Draft EK EIR or Focused EIR made available for public review must reflect the independent judgment of the City. Staff may require such information and data from the person or entity proposing to carry out the project as it deems necessary for completion of the Draft EK EIR or Focused EIIL 7.03 NOTICE OF PREPARATION OF DRAFT EIR. After Staff determines that an EIR will be required for a proposed project, the City as Lead Agency shall prepare and send a Notice of Preparation (Form "G") to each Responsible Agency and Trustee Agency involved with the project, as well as the Office of Planning and Research. When submitting the Notice of Preparation to the Office of Planning and Research, a Notice of Completion (Form "H") should be used as a cover sheet. Responsible and Trustee Agencies, the State Clearinghouse, and the state agencies contacted by the State Clearinghouse have thirty (30) days to respond to the Notice of Preparation. Agencies that do not respond within thirty (30) days shall be deemed not to have any comments on the Notice of Preparation. The City shall send copies of the Notice of Preparation by certified mail or any other method of transmittal which provides it with a record that the Notice was received. The Notice must also be posted in the office of the Clerk in each county in which the project is located for thirty (30) days. The Clerk shall post the Notice within twenty-four(24)hours of receipt. At a minimum, the Notice of Preparation shall include: (a) A description of the project; (b) The location of the project indicated either on an attached map (preferably a copy of the USGS 15' or 7'/:' topographical map identified by quadrangle name) or by a street address and cross street in an urbanized area; (c) The probable environmental effects of the project; (d) The name and address of the consulting firm retained to prepare the Draft EIR, if applicable; and SACTOVTB1228691CPPYt2005 7-1 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report (e) The Environmental Protection Agency ("EPA") list on which the proposed site is located, if applicable, and the corresponding information from the applicant's statement. (See Guidelines Section 2.04.) 7.04 - PREPARATION OF DRAFT MIL The City as Lead Agency is responsible for preparing a Draft EIR and may begin preparation immediately without awaiting responses to the Notice of Preparation. However, information communicated to the City not later than thirty (30) days after receipt of the City's Notice of Preparation shall be included in the Draft EIR- 7.05 IR7.05 CONSULTATION WITH OTHER AGENCIES AND PERSONS. To expedite consultation in response to the Notice of Preparation, the City as Lead Agency, a Responsible Agency, or a project applicant may request a meeting among the agencies involved to assist the City in determining the scope and content of the environmental information that Responsible Agencies may require. The City must convene the meeting as soon as possible but no later than 30 days after the request. Prior to completion of the Draft EIR, the City shall consult with each Responsible Agency and any public agency which has jurisdiction by law over the project. The City may fulfill this obligation by soliciting the comments of the Responsible Agency(ies) and any other affected agencies on the City's Notice of Preparation. The City shall also consult with any city or county which borders the project or within which the project is located, unless otherwise designated annually by agreement between the City and any other city or county. The City may also consult with any individual who has special expertise with respect to any environmental impacts involved with a project. The City may also consult directly with any person or organization it believes will be concerned with the environmental effects of the project including any interested individuals and organizations of which the City is reasonably aware. The purpose of this consultation is to "scope" the EIR's range of analysis. When a Negative Declaration or Mitigated Negative Declaration will be prepared for a project, no scoping meeting need be held, although the City may hold one if it so chooses. The City as Lead Agency may charge and collect from the applicant a fee not to exceed the actual cost of the consultations. For a project of"statewide, regional or areawide significance," as defined in State CEQA Guidelines Section 15206, the City shall hold at least one scoping meeting. Likewise, for a project that may affect highways or other facilities under the jurisdiction of the State Department of Transportation, the City shall hold a scoping meeting if requested to do so by the Department of Transportation. The City shall provide notice of the scoping meeting to: (a) Any county or city that borders on the City within which the project is located, unless the City has a specific agreement to the contrary with that county or city; (b) Any Responsible Agency; (c) Any public agency that has jurisdiction by law over the'project; and (d) Any organization or individual who has filed a written request for the notice. SACT0VTB=969\CnY0005 7.2 02005 Best Best&Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act(2005) Environmental Impact Report A Responsible Agency or other public agency shall only make comments regarding those activities within its area of expertise or which are required to be carred out or approved by it. These comments must be supported by specific documentation. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures which mitigate impacts to resources which are within the Responsible or Trustee Agency's authority. For projects where federal involvement might require preparation of an Environmental Impact Statement ("EIS") under the National Environmental Policy Act ("NEPA"), the City as Lead Agency shall consult with the appropriate federal agencies as provided in Section 15110 and Sections 15220- 15228 of the State Guidelines. In addition, the City shall notify the appropriate federal agencies regarding any scoping meetings for proposed projects that require preparation of an EIS. 7.06 EARLY CONSULTATION ON PROJECTS INVOLVING PERMIT ISSUANCE. Where the project involves issuance of a lease, permit, license, certificate or other entitlement for use by one or more public agencies, the City, upon request of the applicant, shall meet with the applicant prior to the filing of the application regarding the range of actions, potential alternatives, mitigation measures and significant effects to be analyzed in depth in the EIR. The City may also consult with concerned persons identified by the applicant and persons who have made written requests to be consulted. Such requests must be made not later than thirty (30) days after the City's decision to prepare an En 7.07 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS. Under specific circumstances, the City must consult with the public water system which will supply the project to determine whether it can adequately supply the water needed for the project. See Guidelines Section 5.15 for more information on these requirements. 7.08 AIRPORT LAND USE PLAN. When the City prepares an EIR for a project within the boundaries of a comprehensive airport land use plan or, if such a plan has not been adopted for a project within two (2) nautical miles of a public airport or public use airport, the City shall utilize the Airport Land Use Planning Handbook published by CalTrans' Division of Aeronautics to assist in the preparation of the EIR relative to potential airport or related safety hazards and noise problems. 7.09 GENERAL ASPECTS OF AN EIIL Both a Draft and Final EIR must contain the information outlined in Guidelines Section 7.13. Each element must be covered, and when elements are not separated into distinct sections, the document must state where in the document each element is covered. The body of the EIR shall include summarized technical data,maps, diagrams and similar relevant information. Highly technical and specialized analyses and data should be included in appendices. Appendices may be prepared in separate volumes, but must be equally available to the public for examination. All documents used in preparation of the EIR must be referenced. SACTOMU2969\CITM005 7-3 02005 Best Best&Krieger LLP Local Guidelines for Implementing the ' Califomia Environmental Quality Act(2005) Fmvimnmental Impact Report An EIR shall not include "trade secrets," locations of archaeological sites and sacred lands, or any other information subject to the disclosure restrictions of the Public Records Act (Government Code Section 6250, et seg.). The EIR should discuss environmental effects in proportion to their severity and probability of occurrence. Effects dismissed in the Initial Study as clearly insignificant and unlikely to occur need not be discussed. The Initial Study should be used to focus the ETR so that the EIR identifies and discusses only the specific environmental problems or aspects of the project which have been identified as potentially significant or important. A copy of the Initial Study shall be attached to the EIR to provide a basis for limiting the impacts discussed. The EIR shall contain a statement briefly indicating the reason for determining that various effects of a project that could possibly be considered significant were not found to be significant and consequently were not discussed in detail in the EIR. The City should also note any conclusion by it that a particular impact is too speculative for evaluation. The EIR should omit unnecessary descriptions of projects and emphasize feasible mitigation measures and alternatives to projects. 7.10 USE OF REGISTERED CONSULTANTS IN PREPARING EM. An EIR is not a technical document that can be prepared only by a registered consultant or professional. However,_ state statutes may provide that only registered professionals can prepare certain technical studies which will be used in or which will control the detailed design, construction, or operation of the proposed project and which will be prepared in support of an EIR. 7.11 INCORPORATION BY REFERENCE. An EIR may incorporate by reference all or portions of another document which is a matter of public record or is generally available to the public. Any incorporated document shall be considered to be set forth in full as part of the text of the EIR. When all or part of another document is incorporated by reference, that document shall be made available to the public for inspection at the City's offides. The EIR shall state where incorporated documents will be available for inspection. When an EIR uses incorporation by reference, the incorporated part of the referenced document shall be briefly summarized, if possible, or briefly described if the data or information cannot be summarized. The relationship between the incorporated document and the EIR shall be described. When information from an EIR that has previously been reviewed through the state review system ("State Clearinghouse's is incorporated by the City, the state identification number of the incorporated document should be included in the summary or text of the EIIL SACrOUTB522869WITY0005 74 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report 7.12 STANDARDS FOR ADEQUACY OF AN EM An EIR should be prepared with a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which takes into account the environmental consequences of the project. The evaluation of environmental effects need not be exhaustive, but must be within the scope of what is reasonably feasible. The EIR should be written and presented in such a way that it can be understood by governmental decision makers and members of the public. A good faith effort at completeness is necessary. The adequacy of an EIR is assessed in terms of what is reasonable in light of factors such as the magnitude of the project at issue, the severity of its likely environmental impacts, and the geographic scope of the project. CEQA does not require a Lead Agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commentors, but CEQA does require the Lead Agency to make a good faith, reasoned response to timely comments raising significant environmental issues. There is no need to unreasonably delay adoption of an EIR in order to include results of studies in progress, even if those studies will shed some additional light on subjects related to the project. 7.13 FORM AND CONTENT OF E11FL The text of the EIR should normally be less than 150 pages. For proposals of unusual scope or complexity, the EIR may be longer than 150 pages but should normally be less than 300 pages. The required contents of an EIR are set forth in Sections 15122 through 15132 of the State Guidelines. In brief,the EIR must contain: (a) A table of contents or an index. (b) A brief summary of the proposed project and its environmental impacts. (c) A description of the proposed project, including its underlying purpose and a list of permit and other approvals required to implement the project. (See Guidelines Section 7.17 regarding analysis of future project expansion.) (d) A description of the project's physical environmental conditions from both a local and regional perspective at the time the Notice of Preparation is published, or if no Notice of Preparation is published, at the time environmental analysis begins. (State Guidelines Section 15125.) This environmental setting will normally constitute the baseline physical conditions by which the City determines whether an impact is significant. However, the City may choose any baseline that is appropriate as long as the City's choice of baseline is supported by substantial evidence. (e) A discussion of any inconsistencies between the proposed project and applicable general and regional plans. (f) A description of the direct and indirect significant environmental impacts of the proposed project explaining which, if any, can be avoided or mitigated to a level of insignificance, indicating reasons that various possible significant effects were determined not to be significant and denoting any significant effects which are unavoidable or could not be mitigated to a level of insignificance. Direct and indirect significant effects shall be clearly identified and described, giving due consideration to both short-term and long- term effects. SACT0=\2286910TY12005 7-5 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report (g) An analysis of a range of alternatives to the proposed project which could feasibly attain the project's objectives as discussed in Guidelines Section 7.16. (h) A description of any significant irreversible environmental changes which would be involved in the proposed action should it be implemented if, and only if, the EIR is being prepared in connection with: (1) The adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency; (2) The adoption by a Local Agency Formation Commission of a resolution making determinations;or (3) A project which will be subject to the requirement for preparing an Environmental Impact Statement pursuant to the National Environmental Policy Act. (i) An analysis of the growth-inducing impacts of the proposed action. The discussion should include ways in which the project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. (j) A discussion of any significant, reasonably anticipated future developments and the cumulative effects of all proposed and anticipated action as discussed in Guidelines Section 7.17. (k) In certain situations, a regional analysis should be completed for certain impacts, such as air quality. (1) A discussion of any economic or social effects, to the extent that they cause or may be used to determine significant environmental impacts. (m) A statement briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and, therefore, were not discussed in the EIR- (n) IR(n) The identity of all federal, state or local agencies or other organizations and private individuals consulted in preparing the EIR, and the identity of the persons, firm or agency preparing the EK by contract or other authorization. To the fullest extent possible, the City should integrate CEQA reviewwith these related environmental review and consultation requirements. (o) A discussion of those potential effects of the proposed project on the environment which the City has determined are or may be significant. The discussion on other effects may be limited to a brief explanation as to why those effects are not potentially significant. (p) A description of feasible measures, as set forth in Guidelines Section 7.15, which could minimize significant adverse impacts. 7.14 ANALYSIS OF CUMULATIVE IMPACTS. - An EIR must discuss cumulative impacts when the project's incremental effect is "cumulatively considerable" as defined in Guidelines Section 10.10. When the City is examining a project with an incremental effect that is not "cumulatively considerable," it need not consider that effect significant, but must briefly describe the basis for this conclusion. A project's contribution is less than cumulatively considerable if the project is required to implement or fund its fav share of a mitigation measure designed to alleviate the cumulative SACTOUnU28691CrrY12005 7-6 02005 Best Best&Krieger LLP Loral Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report impact. The City must identify facts and analysis supporting its conclusion that the cumulative impact is less than significant. (a) A cumulative impact consists of an impact which is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts. An EIR should not discuss impacts which do not result in part from the project evaluated in the EIR. (b) The discussion of cumulative impacts in an EIR must focus on the cumulative impact to which the identified other projects contribute, rather than the attributes of other projects which do not contribute to the cumulative impact. The discussion of significant cumulative impacts must meet either of the following elements: (1) A list of past, present, and probable future projects causing related or cumulative impacts including, if necessary, those projects outside the control of the City; or (2) A summary of projections contained in an adopted general plan or related planning document, or in a prior environmental document that was adopted or certified, which described or evaluated regional or areawide conditions contributing to the cumulative impact. (c) When utilizing a list, as suggested above, factors to consider when determining whether to include a related project should include the nature of each environmental resource being examined and the location and type of project. Location may be important, for example, when water quality impacts are involved since projects outside the watershed would probably not contribute to a cumulative effect. Project type may be important, for example, when the impact is specialized, such as a particular air pollutant or mode of traffic. (d) The City should define the geographic scope of the area affected by the cumulative effect and provide a reasonable explanation for the geographic limitation used. (e) A cumulative impacts discussion contained in previously certified EIRs may be incorporated by reference pursuant to the provisions for tiering and program EIRs. 7.15 ANALYSIS OF MTTIGATION MEASURES. The discussion of mitigation measures in an EIR must distinguish between measures proposed by project proponents and other measures proposed by Lead, Responsible or Trust Agencies. This discussion shall identify mitigation measures for each significant environmental effect identified in the EIR. Where several measures are available to mitigate an impact, each should be disclosed and the basis for selecting a particular measure should be identified. Formulation of mitigation measures should not be deferred until some future time. However, measures may specify performance standards which would mitigate the significant effects of the project and which may be accomplished in more than one specified way. If a mitigation measure would cause one or more significant effects in addition to those that would be caused by the project as proposed, the effects of the mitigation measure shall be disclosed but in less detail than the significant effects of the project itself. SACT0VTBV.2869XCrrYt2005 7-7 02005 Best Best&Krieger LLP Local Guidelines for implementing the ' California Environmental Quality Act(2005) Environmental Impact Report If a project includes a housing development, the City may not reduce the project's proposed number of housing units as a mitigation measure or project alternative if the City determines that there is another feasible specific mitigation measure or project alternative that would provide a comparable level of mitigation without reducing the number of housing units. Mitigation measures must be fully enforceable through permit conditions, agreements, or other legally binding instruments. In the case of the adoption of a plan, policy, regulating, or other public project, mitigation measures can be incorporated into the plan, policy, regulation, or project design. Mitigation measures must also be consistent with all applicable constitutional requirements such as the"nexus" and"rough proportionality" standards. Where maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of the historical resource will be conducted in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (1995), Weeks and Grimmer, the project's impact on the historical resource shall generally be considered mitigated below a level of significance and thus not significant. The City should, whenever feasible, seek to avoid damaging effects on any historical resource of an archaeological nature. The following factors must be considered and discussed in an EIR for a project involving an archaeological site: (a) Preservation in place is the preferred manner of mitigating impacts to archaeological sites. (b) Preservation in place may be accomplished by,but is not limited to, the following: (1) Planning construction to avoid archaeological sites; (2) Incorporation of sites within parks, green space, or other open spaces; (3) Covering the archaeological sites with a layer of chemically stable soil before building tennis courts, parking lots, or similar facilities on the site; (4) Deeding the site into a permanent conservation.easement. When data recovery through excavation is the only feasible mitigation, a data recovery plan, which makes provision for adequately recovering the scientifically consequential information from and about the historical resource, shall be prepared and adopted prior to excavation. Such studies must be deposited with the California Historical Resources Regional Information Center. Data recovery shall not be required for a historical resource if the City determines that existing testing or studies have adequately recovered the scientifically consequential information from and about the archaeological or historical resource, provided that the determination is documented in the. EIR and that the studies are deposited with the California Historical Resources Regional Information Center. 7.16 ANALYsis OF ALTERNATIvEs IN AN EUL The alternatives analysis must describe and evaluate the comparative merits of a range of reasonable alternatives to the project or to the location of the project which would feasibly attain SACTOVTBV.286%CI717Y12005 7-8 ®2005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report most of the basic objectives of the project, but which would avoid or substantially lessen any of the significant effects of the project. An EIR need not consider every conceivable alternative to a project, and it need not consider alternatives which are infeasible. Rather, it must consider a reasonable range of potentially feasible alternatives that will foster informed decisionmaking and public participation. Purpose of the Alternatives Analysis: An EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment. For this reason, a discussion of alternatives must focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effect of the project, even if these alternatives would impede to some degree the attainment of the project objectives or would be more costly. Selection of a Range of Reasonable Alternatives: The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic purposes of the project and could avoid or substantially lessen one or more of the significant effects, even if those alternatives would be more costly or would impede to some degree the attainment of the project's objectives. The EIR should briefly describe the rationale for selecting the alternatives to be discussed. The EIR should also identify any alternatives that were considered by the City and rejected as infeasible during the scoping process, and briefly explain the reasons for rejection. Additional information explaining the choice of alternatives should be included in the administrative record. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (a) failure to meet most of the basic project objectives; (b) infeasibility; or(c)inability to avoid significant environmental impacts. Evaluation of Alternatives: The EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis and comparison with the proposed project. A matrix displaying the major characteristics and significant environmental effects of each alternative may be used to summarize the comparison. If an alternative would cause one or more significant effects in addition to those that would be caused by the project as proposed, the significant effects of the alternative shall be discussed but in less detail than the significant effects of the project as proposed. The Rule of Reason: The range of alternatives required in an EIR is governed by a"rule of reason" which courts have held means that an alternatives discussion must be reasonable in scope and content. Therefore, the EIR must set forth only those alternatives necessary to permit public participation, informed decisionmaking, and a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project. Of those alternatives, the EIR need examine in detail only the ones the City determines could feasibly attain most of the basic objectives of the project. An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote and speculative. Feasibility of Alternatives: The factors that may be taken into account when addressing the feasibility of alternatives include: site suitability; economic viability; availability of infrastructure; general plan consistency; other plans or regulatory limitations; jurisdictional boundaries (projects with a regionally significant impact should consider the regional context); and whether the proponent already awns the alternative site or can reasonably acquire, control or SACTOUM\22869\CITY\2005 7.9 02005 Best Best&Krieger LLP Local Guidelines for Implementing the , California Environmental Quality Act(2005) Environmental Impact Report otherwise have access to the site. No one factor establishes a fixed limit on the scope of reasonable alternatives. Alternative Locations: The first step in the alternative location analysis is to determine whether any of the significant effects of the project could be avoided or substantially lessened by putting the project in another location. This is the key question in this analysis. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR The second step in this analysis is to determine whether any of the alternative locations are feasible. If the City concludes that no feasible alternative locations exist, it must disclose its reasons, and it should include them in the EIR. Where a previous document has sufficiently analyzed a range of reasonable alternative locations and environmental impacts for a project with the same basic purpose, the City should review the previous document. To the extent the circumstances have remained substantially the same with respect to an alternative, the EIR may rely on the previous document to help it assess the feasibility of the potential project alternative. The "No Project" Alternative: The specific alternative of "no project" must be evaluated along with its impacts. The purpose of describing and analyzing the no project alternative is to allow decision makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. The no project alternative analysis, therefore, is normally not the baseline for determining whether the proposed project's environmental impacts may be significant. The no project alternative will be the baseline only if it is identical to the existing environmental setting and the City has chosen the existing environmental setting as the baseline. A discussion of the"no project"alternative should proceed along one of two lines: (a) When the project is the revision of an existing land use or regulatory plan, policy or ongoing operation, the "no.project" alternative will be the continuation of the existing plan, policy or operation into the future. Typically,this is a situation where other projects initiated under the existing plan will continue while the new plan is developed. Thus, the projected impacts of the proposed plan or alternative plans would be compared to the impacts that would occur under the existing plan; or (b) If the project is other than a land use or regulatory plan, for example a development project on identifiable property, the "no project" alternative is the circumstance under which the project does not proceed. This discussion would compare the environmental effects of the property remaining in its existing state against environmental effects which would occur if the project is approved. If disapproval of the project would result in predictable actions by others, such as the proposal of some other project, this "no project" consequence should be discussed. After defining the no project alternative, the City should proceed to analyze the impacts of the no project alternative by projecting what would reasonably be expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services. If the "no project" alternative is the sAcTourB122869\cn1'\2o05 7-10 02005 Best Best&Krieger LLP Local Guidelines for Imp]ementing the California Environmental Quality Act(2005) Environmental Impact Report environmentally superior alternative, the EIR must also identify another environmentally superior alternative among the remaining alternatives. Remote or Speculative Alternatives: An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote and speculative. 7.17 ANALYsIs OF FUTURE EXPANSION. An EIR must include an analysis of the environmental effects of future expansion (or other similar future modifications) if there is credible and substantial evidence that: (a) The future expansion or action is a reasonably foreseeable consequence of the initial project; and (b) The future expansion or action is likely to change the scope or nature of the initial project or its environmental effects. Absent these two circumstances, future expansion of a project need not be discussed. CEQA does not require speculative discussion of future development which is unspecific or uncertain. However, if future action is not considered now, it must be considered and environmentally evaluated before it is actually implemented. 7.18 NOTICE OF COMPLETION OF DRAFT EIR. Upon completion of a Draft EIR, Staff shall file a Notice of Completion (Form "H")with the Office of Planning and Research in a printed hard copy or in electronic form on a diskette or by electronic mail transmission. The City is encouraged to make copies of filed notices available in electronic format on the Internet. Such electronic postings are in addition to the procedures required by the CEQA Guidelines and the Public Resources Code. The Notice shall contain a brief description of the proposed project, the location of the proposed project, current land use, development type and project issues discussed in the EIR. The City shall provide public notice of the completion of a Draft EIR at the same time it sends a Notice of Completion to the Office of Planning and Research. The Notice of Availability of Draft EIR (Form "K") shall specify the period during which comments will be received on the Draft EIR, the date, time and place of any public hearings on the proposed project, a brief description of the project and its location, the significant effects on the environment, if any, anticipated as a result of the project, and the address where copies of the Draft EIR and all documents referenced in the Draft EIR are available for review. Public agencies are encouraged to make copies of filed Notices of Completion available in electronic format on the Internet. Notice shall be given to the last known name and address of all organizations and individuals who have previously requested it. In addition, notice shall be given by at least one of the following procedures: (a) Publication at least once in a newspaper of general circulation in the area affected by the proposed project. If more than one area will be affected, the notice shall be published in SACT0Vn3\22869\CnY\2D05 7-11 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Ewiro mental Quality Act(2005) Environmental Impact Report the newspaper of largest circulation from among the newspapers of general circulation in those areas; (b) Posting of notice on and off site in the area where the project is to be located; or (c) Direct mailing to owners and occupants of property contiguous to the project, as identified on the latest equalized assessment roll. The Notice shall be posted in the office of the Clerk in each county in which the project is located for a period of thirty (30) days. The Clerk must post the Notice within twenty-four (24) hours of receipt. Notice shall be mailed to any person who has filed a written request with the City. The City may require these requests to be renewed annually and may charge a fee for the reasonable cost of providing this service. A project will not be invalidated due to a failure to send a requested notice provided there has been substantial compliance with these notice provisions. Copies of the Draft EIR shall also be made available at the City office for review by members of the general public. Any person obtaining a copy of the Draft EIR shall reimburse the City for the actual cost of its reproduction. Copies of the Draft EIR should also be furnished to appropriate public library systems. 7.19 SUBMISSION OF DRAFT EIR TO STATE CLEARINGHOUSE. A Draft EIR must be submitted to the State Clearinghouse for review by state agencies in the following situations: (a) The Draft EIR is prepared by a Lead Agency which is a state agency. (b) A state agency is a Responsible Agency, Trustee Agency, or otherwise has jurisdiction by. law over resources potentially affected by the project. (c) The Draft EIR is for a project identified in State Guidelines Section 15206 as being of statewide, regional, or areawide significance. State Guidelines Section 15206 identifies the following types of projects as being examples of projects of statewide, regional, or areawide significance which require submission to the State Clearinghouse for circulation: • General plans, elements, or amendments for which an EIR was prepared. • Projects which have the potential for causing significant environmental effects beyond the city or county where the project would be located, such as: • Residential development of more than 500 units. • Commercial projects employing more than 1,000 persons or covering more than 500,000 square feet of floor space. • Office building projects employing more than 1,000 persons or covering more than 250,000 square feet of floor space. • Hotel or motel development of more than 500 rooms. • Industrial projects housing more than 1,000 persons, occupying more than 40 acres of land, or covering more than 650,000 square feet of floor area. • Projects for the cancellation of a Williamson Act contract covering more than 100 acres. SACT0UTaM869\Cr Y0005 7-12 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report • Projects in one of the following Environmentally Sensitive Areas: • Lake Tahoe Basin. • Santa Monica Mountains Zone. • Sacramento-San Joaquin River Delta. • Suisun Marsh. • Coastal Zone, as defined by the California Coastal Act. • Areas within one-quarter mile of a river designated as wild and scenic. • Areas within the jurisdiction of the San Francisco Bay Conservation and Development Commission. • Projects which would affect sensitive wildlife habitats or the habitats of any rare, threatened, or endangered species. • Projects which would interfere with water quality standards. • Projects which would provide housing,jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant. A Draft EIR may be submitted to the State Clearinghouse where a state agency has special expertise with regard to the environmental impacts involved. Where the Draft EIR will be reviewed through the State review process handled by the State Clearinghouse, a Notice of Completion (Form "H") should be used as a cover sheet. If the City uses the State Clearinghouse's online process to submit the Notice of Completion form, the form generated on the Internet site satisfies the State Clearinghouse's requirements. A sufficient number of copies of the documents must be sent to the State Clearinghouse for circulation. Staff should contact the State Clearinghouse to find out the correct number of printed copies required for circulation. In addition to the printed copies, a copy of the documents in electronic format shall be submitted on a diskette or by electronic mail transmission if available. 7.20 SPECIAL NOTICE REQUIREMENTS FOR WASTE AND FUEL BURNING PROJECTS. For any waste burning project, as defined in Guidelines Section 5.10, Notice of Completion shall be given to all organizations and individuals who have previously requested notice. In addition, Notice shall be given by direct mailing to the owners and occupants of property within one-fourth mile of any parcel or parcels on which such a project is located. 7.21 REVIEW OF DRAFT EIR BY OTHER AGENCIES AND PERSONS. Upon the filing and posting of a Notice of Completion, Staff shall consult with and obtain comments from each Responsible Agency, Trustee Agency, and any other public agency having jurisdiction by law over resources which may be affected by the project including water agencies consulted pursuant to Guidelines Section 7.07. Those public agencies having jurisdiction by law over the project shall include, but are not necessarily limited to: (1) Any city or county bordering the project area; (2) Transportation planning agencies and public agencies with transportation facilities located within the project area; and SACT01JTBM8691C1TY\2005 7-13 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Euvuonmental hnpact Report (3) The State Department of Water Resources, when a project is located within one mile of a facility of the State Water Resources Development System. Staff may also consult with and obtain comments from any person known to have special expertise whose comments relative to the Draft EIR would be desirable. Staff may also consult with any member of the public who has filed a written request for notice with the City Clerk and any person whom the project applicant believes will be concerned with the environmental effects of the project. When a redevelopment agency establishes or amends its redevelopment plan and the project area contains land in agricultural use, the agency shall also send a copy of the Draft EIR to those specific agricultural and farm agencies and organizations as required by Health and Safety Code Section 33333.3. 7.22 TIo FOR REvrEw OF DRAFr ETR;FAILURE To COmmENT. A period of between thirty (30) and sixty (60) days from the filing of the Notice of Completion of the Draft EIR shall be allowed for review of and comment on the Draft ETR, except in unusual situations. If a state agency is a Responsible Agency, or if the Draft EIR is submitted to the State Clearinghouse, the review period shall be at least forty-five (45) days. When a Draft EIR is submitted to the State Clearinghouse for review, the public review period shall be at least as long as the period of review established by the State Clearinghouse. A shorter review period of the Draft EIR by the State Clearinghouse can be requested by the City; however, a shortened review period shall not be less than thirty (30) days for a Draft EIR. Any request for a shortened review period must be made in writing by the City to the Office of Planning and Research. The City may designate a person to make these requests. A shortened review period is not available for any proposed project of statewide, regional or areawide environmental significance as determined pursuant to State Guidelines Section 15206. Any approval of a shortened review period shall be given prior to, and reflected in, the public notices. In the event a public agency, group, or person whose comments on a Draft EIR are solicited fails to comment within the required time period, it shall be presumed that such agency, group, or person has no comment to make, unless the lead agency has received a written request for a specific extension of time for review and comment and a statement of reasons for the request. Continued planning activities concerning the proposed project, short of formal approval, may continue during the period set aside for review and comment on the Draft EIR- 7.23 IR7.23 PUBLIC HEARING ON DRAFr EIFL A public hearing on the Draft EIR document is not required by CEQA but may be held by the decisionmaking body either in separate proceedings or in conjunction with other proceedings of the City. The procedures for the manner of conducting the public hearings shall be described at the time the hearing convenes. sACTO\M\2286%Cn Y\2oo5 7-14 02005 Best Best&Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act(2005) Environmental Impact Report The Draft EIR should be used as the outline for discussion at the public hearing. If a public hearing is held, it shall be conducted at least fourteen (14) days after the filing of the Notice of Completion, but in no event after the time set for expiration of the comment period. Public notice of the time and place of the hearing shall be posted in a conspicuous location at City Hall and published in a newspaper of general circulation within the City at least fourteen (14) days in advance of the hearing. The Notice also shall indicate the locations at which the Draft EIR is available for review. To the extent that the City maintains an Internet web site, notice of all public hearings should be made available in electronic format on that site. 7.24 RESPONSE To COMMENTS ON DRAFT E14L The City as Lead Agency shall evaluate any comments on environmental issues received during the public review period for the Draft EIR and shall prepare a written response to those comments. As stated below, the City should also consider evaluating and responding to any comments received after the public review period. The response of the City may take the form of a revision of the Draft EK an attachment to the Draft EIR, or some other oral or written response which is adequate under the circumstances of the project. The response must describe the disposition of any significant environmental issues raised in the comment, such as revisions to the proposed project which mitigate anticipated impacts or objections. If the City's position is at variance with specific recommendations or suggestions raised in the comment, the City's response must detail the reasons why such recommendations or suggestions were not accepted. Moreover, the City shall respond to any specific suggestions for project alternatives or mitigation measures for significant impacts, unless such alternatives or mitigation measures are facially infeasible. The response shall contain recommendations,when appropriate,to alter the project as described in the Draft EIR as a result of an analysis of the comments received. Comments submitted via email shall be treated as written comments for all purposes. Comments sent to the public agency via email are deemed received when they actually arrive in an email account of a staff person who has been designated or identified as the point of contact for a particular project. At least ten (10) days prior to certifying a Final EIR, the City shall provide its proposed written response to any public agency which has made comments on the Draft EIR The City is not required to respond to comments received after the public review period. However, the City should consider responding to all comments if it will not delay action on the Final EIR, since any comment received before final action on the EIR can form the basis of a legal challenge. A written response which refutes the comment or adequately explains the City's action in light of the comment,will assist the City in defending against a legal challenge. 7.25 PREPARATION AND CONTENTS OF FINAL EIIL Following the receipt of any comments on the Draft EIR as required herein, such comments shall be evaluated by Staff and a Final EIR shall be prepared. The Final EIR shall meet all requirements of Guidelines Sections 7.12 and 7.13 and shall consist of the Draft EIR or a revision of the Draft, a section containing either verbatim or in summary the comments and recommendations received through the review and consultation SACTOVT =86%C1TY0005 7_15 02005 Best Best&Krieger LLP Local Guidelines for Implementing the ' California Fmvimnmental Quality Act(2005) Environmental Impact Report process, a list of persons, organizations and public agencies commenting on the Draft, and a section containing the responses of the City to the significant environmental points raised in the review and consultation process. 7.26 RECIRCULATION WHEN NEw INFORMATION IS ADDED TO EIR. When significant new information is added to the EIR after notice and consultation, but before certification, the City shall recirculate the Draft EIR for another public review period. The term "information" can include changes in the project or environmental setting as well as additional data or other information. New information is significant only when the EIR is changed in a way that would deprive the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of a project or a feasible way to mitigate or avoid such an effect, including a feasible project alternative, that the project proponents decline to implement. Recirculation is required, for example,when: (1) new information added to an EIR discloses: (a) a new significant environmental impact resulting from the project or from a new mitigation measure proposed to be implemented, (b) a significant increase in the severity of an environmental impact (unless mitigation measures are also adopted that reduce the impact to a level of insignificance), or (c) a feasible project alternative or mitigation measure that clearly would lessen the significant environmental impacts of the project, but which the project proponents decline to adopt; or (2) the Draft EIR is so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. Recirculation is not required when the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR If the revision is limited to a few chapters or portions of the EIR, the City as Lead Agency need only recirculate the chapters or portions that have been modified. A decision to not recirculate an EIR must be supported by substantial evidence in the record. When the City determines to recirculate a Draft EIR, it shall give Notice of Recirculation (Form "M") to every agency, person, or organization that commented on the prior Draft EIR- The TRThe Notice of Recirculation must indicate whether new comments must be submitted and whether the City has exercised its discretion to require reviewers to limit their comments to the revised chapters or portions of the recirculated EIR. The City shall also consult again with those persons contacted pursuant to Guidelines Section 7.18 before certifying the EIR.When the EIR is substantially revised and the entire EIR is recirculated, the City may require that reviewers submit new comments and need not respond to those comments received during the earlier circulation period. In those cases, the City should advise reviewers that although their previous comments remain part of the administrative record, the final EIR will not provide a written SACT0VTBV.28691CTYU005 7-16 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Enviromnental Impact Report response to those comments, and new comments on the revised EIR must be submitted. The City need only respond to those comments submitted in response to the revised ETR. When the EIR is revised only in part and the City is recirculating only the revised chapters or portions of the EIR, the City may request that reviewers limit their comments to the revised chapters or portions. The City need only respond to: (1) comments received during the initial circulation period that relate to chapters or portions of the document that were not revised and recirculated, and (2) comments received during the recirculation period that relate to the chapters or portions of the earlier EIR that were revised and recirculated. When recirculating a revised EIR, either in whole or in part, the City must, in the revised EIR or by an attachment to the revised EIR, summarize the revisions made to the previously circulated draft EIR. 7.27 CERTIFICATION OF FINAL EIR. Following the preparation of the Final EIR, Staff shall review the Final EIR and make a recommendation to the City Council regarding whether the Final EIR is in order and whether it has been completed in compliance with CEQA, the State Guidelines and the City's Guidelines. The Final EIR and Staff recommendation shall then be presented to the City Council. The City Council shall independently review and analyze the Final EIR and determine whether the Final EIR reflects its independent judgment. The City Council shall certify and find that: (1)the Final EIR has been completed in compliance with CEQA, the State Guidelines and the City's Guidelines; (2) the City Council has reviewed and analyzed the Final EIR before approving the project; and(3)the Final EIR reflects the independent judgment of the City . 7.28 CONSIDERATION OF EIR BEFORE APPROVAL OR DISAPPROVAL OF PROTECT. The EIR shall be reviewed and considered by the decisionmaking body before it approves or disapproves the proposed project for which the EIR was prepared. The decisionmaking body may then proceed to consider the proposed project for purposes of approval or disapproval. Separately or in conjunction with its action approving or disapproving the project, the decisionmaking body shall certify that it has reviewed and considered the information contained in the EIR. 7.29 FINDINGS. The decisionmaking body shall not approve or carry out a project if a completed EIR identifies at least one significant effect of the project unless it makes one or more of the following written findings for each such significant effect, accompanied by a statement of the facts supporting each finding. Findings must be supported by substantial evidence in the record. (a) That changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment, and which are fully enforceable through permit conditions, agreements, or other measures. These mitigation measures must be expressly adopted or rejected in the EIR There should be a description of the specific reasons for rejecting identified mitigation measures. Passing references to SACTOVTBV2969\CITY\2005 7.17 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report mitigation measures in other sections of the EIR, or in a Statement of Overriding Considerations, are not sufficient. (b) That such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City. Such changes have been,.or can and should be, adopted by that other agency. (c) That specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Final EIR. The decisionmaking body must make specific written findings stating why it has rejected an alternative to the project as infeasible. If any of the proposed alternatives could avoid or lessen an adverse impact for which no mitigation measures are proposed, the City shall analyze the feasibility of such altemative(s). If the project is to be approved without including such alternative(s), the City shall find that specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the Final EIR and shall list such considerations before such approval. The decisionmaking body shall not approve or carry out a project as proposed unless (1) the project as approved will not have a significant effect on the environment or(2) its significant environmental effects have been eliminated or substantially lessened (as determined through one or more of the findings indicated above), and any remaining, unavoidable significant effects have been found acceptable because of facts and circumstances described in a Statement of Overriding Considerations (see Guidelines Section 7.31). Statements in the Draft EIR or comments on the Draft EIR are not determinative of whether the project will have significant effects. When making the findings required by subdivision (a) of this section, the City as Lead Agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which it based its decision. 7.30 SPECL4L FINDINGS REQUMED FOR FACILITIES WHICH MAY EMIT HAZARDOUS AHt EMISSIONS NEAR SCHOOLS. Special procedural rules apply to projects involving the construction or alteration of a facility within one-quarter mile of a school when: (1) the facility might reasonably be anticipated to emit hazardous air emissions or to handle an extremely hazardous substance or a mixture containing extremely hazardous substances in a quantity equal to or greater than the threshold specified in Health and Safety Code Section 255326), and (2) the emissions or substances may impose a health or safety hazard to persons who would attend or would be employed at the school. If the project meets both of those criteria, the City may not certify an EIR or approve a Negative Declaration unless both of the following occur: (a) The City, as Lead Agency, consulted with the school district or districts having jurisdiction over the school regarding the potential impact of the project on the school; and SACTOVTB\228691CrM2D05 7-18 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Enviromnental Quality Act(2005) Environmental Impact Report (b) The school district was given written notification of the project not less than thirty (30) days prior to the proposed certification of the EIR or approval of the Negative Declaration. 7.31 STATEMENT OF OVERRIDING CONSIDERATIONS. Whenever a project approved by the decisionmaking body will cause unmitigated significant environmental effects, the decisionmaking body must adopt a Statement of Overriding Considerations. A Statement of Overriding Considerations allows the decisionmaking body to approve a project despite one or more unmitigated significant environmental impacts identified in the Final EIR. A Statement of Overriding Considerations can be made only if feasible project alternatives or mitigation measures do not exist to reduce the environmental impact(s) to a level of insignificance and the benefits of the project outweigh the adverse environmental effect(s). The feasibility of project alternatives or mitigation measures is determined by whether the project alternative or mitigation measure can be accomplished within a reasonable period of time, taking into account economic, environmental, social, legal and technological factors. Project benefits which are appropriate to consider include the economic, environmental,technological and social value of the project. Substantial evidence in the entire record must justify the decisionmaking body's findings and its use of the Statement of Overriding Considerations. If the decisionmaking body makes a Statement of Overriding Considerations, the statement must be included in the record of the project approval and mentioned in the Notice of Determination. 7.32 MITIGATION MONITORING OR REPORTING PROGRAM FOR EIR. When making the findings required by subdivision (a) of Guidelines Section 7.29, the City must do all of the following: (a) adopt a reporting or monitoring program to assure that mitigation measures which are required to mitigate or avoid significant effects on the environment will be implemented by the project proponent or other responsible party in a timely manner, in accordance with conditions of project approval; (b) make sure all conditions and mitigation measures are feasible and fully enforceable through permit conditions, agreements, or other measures. Such permit conditions, agreements, and measures must be consistent with applicable constitutional requirements such as the"nexus" and"rough proportionality"standards established by the case; and (c) specify the location and the custodian of the documents which constitute the record of proceedings upon which the City based its decision in the resolution certifying the EIR. There is no requirement that the reporting or monitoring program be circulated for public review; however, the City may choose to circulate it for public comments along with the Draft EIR. The mitigation measures required to mitigate or avoid significant effects on the environment must be adopted as conditions of project approval. SACTOMM869%CITY12005 7-19 02005 Best Best&Krieger LLP Local Guidelines for Implementing the ' • - Califomia Environmental Quality Act(2005) Enviromnental Impact Report The adequacy of a mitigation monitoring program is determined by the "rule of reason." This means that a mitigation monitoring program does not need to provide every imaginable measure. It needs only to provide measures that are reasonably feasible. This reporting or monitoring program shall be designed to assure compliance during the implementation or construction of a project. If a Responsible Agency or Trustee Agency has required that certain conditions be incorporated into the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. The City shall also require that prior to the close of the public review period for a Draft EIR (see Guidelines Section 7.21), the.Responsible or Trustee Agency submit detailed performance objectives for mitigation measures, or refer the City to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures which mitigate impacts to resources which are within the Responsible or Trustee Agency's authority. Transportation information resulting from the reporting or monitoring program required to be adopted by the City shall be submitted to the regional transportation planning agency where the project is located and to the Department of Transportation for a project of statewide, regional or areawide significance as defined by State Guidelines Section 15206. The transportation planning agency and the Department of Transportation are required by law to adopt guidelines for the submittal of these reporting or monitoring programs, so the City may wish to tailor its submittal to such guidelines. Local agencies have the authority to levy fees sufficient to pay for this program. Therefore, the City will charge the project proponent a fee to cover actual costs of program processing and implementation. The City may delegate reporting or monitoring responsibilities to an agency or to a private entity which accepts the delegation; however, until mitigation measures have been completed, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program. The City may choose whether its program will monitor mitigation, report on mitigation, or both. "Reporting" is defined as a written compliance review that is presented to the Council or an authorized staff person. A report may be required at various stages during project implementation or upon completion of the mitigation measure. Reporting is suited to projects which have readily measurable or quantitative mitigation measures or which already involve regular review. "Monitoring" is generally an ongoing or periodic process of project oversight. Monitoring is suited to projects with complex mitigation measures which may exceed the expertise of the City to oversee, are expected to be implemented over a period of time, or require careful implementation to assure compliance. At its discretion, the City may adopt standardized policies and requirements to guide individually adopted programs. Standardized policies or requirements for monitoring and reporting may describe, but are not limited to: SACTOUMM86%CITY%2005 7_20 02005 Best Best$Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report (a) The relative responsibilities of various departments within the City for various aspects of the program. (b) The responsibilities of the project proponent. (c) Guidelines adopted by the City to govern preparation of programs. (d) General standards for determining project compliance with the mitigation measures and related conditions of approval. (e) Enforcement procedures for noncompliance, including provisions for administrative appeal. (f) Process for informing the Council and staff of the relative success of mitigation measures and using those results to improve future mitigation measures. When a project is of statewide, regional, or areawide importance, any transportation information generated by a program must be submitted to the transportation planning agency in the region where the project is located, as well as the Department of Transportation. 7.33 NOTICE OF DETERMINATION. Following consideration and approval of a project for which the City is the Lead Agency, the decisionmaking body shall order Staff to prepare, certify and file, a Notice of Determination (Form "F")which shall contain the following: (a) An identification of the project by its common name,where possible, and its location. (b) A brief description of the project. (c) The date when the City approved the project. (d) Whether the project in its approved form will have a significant effect on the environment. (e) A statement that an EIR was prepared and certified pursuant to the provisions of CEQA. (f) Whether mitigation measures were made a condition of the approval of the project. (g) Whether findings and/or a Statement of Overriding Considerations was adopted for the project. (h) The address where a copy of the EIR (with comments and responses) and the record of project approval may be examined by the general public. The Notice of Determination shall be filed with the Clerk of each county in which the project will be located within five (5) working days of project approval. The City is encouraged to make copies of filed notices available in electronic format on the Internet. Such electronic notices are in addition to the posting requirements of the CEQA Guidelines and the Public 'Resources Code. The Clerk must post the Notice of Determination within twenty-four (24) hours of receipt. The Notice must be posted in the office of the Clerk for a minimum of thirty (30) days. Simultaneously with the filing of the Notice of Determination with the Clerk, Staff shall cause a copy of such Notice to be posted at City Hall. If the project requires discretionary approval from a state agency, the Notice of Determination shall also be filed with the Office of Planning and Research, within five (5) working days of project approval, along with proof of payment of the California Department of Fish and Game fee or Certificate of Fee Exemption (see Guidelines Section 7.36). SACTOUMV28691CnY12005 7-21 02005 Best Best&Krieger LLP 'Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report The Clerk must post the Notice of Determination within twenty-four (24) hours of receipt. The Notice must be posted in the office of the Clerk for a minimum of thirty (30) days. Thereafter, the Clerk shall return the notice to the City with a notation of the period it was posted. The City shall retain the notice for not less than twelve (12) months. If the project requires discretionary approval from any State agency, the Notice of Determination shall also be filed with the Office of Planning and Research within five (5) working days of project approval along with proof of payment of the California Department of Fish and Game fee or Certificate of Fee Exemption (see Guidelines Section 6.18). Simultaneously with the filing of the Notice of Determination with the Clerk, Staff shall cause a copy of the Notice of Determination to be posted at City Hall. When a request is made for a copy of the Notice prior to the date on which the City certifies the EIR, the copy must be mailed, fast class postage prepaid, within five (5) days of the City's determination. If such a request is made following the City's determination,then the copy should be mailed in the same manner as soon as possible. The recipients of such documents may be charged a fee reasonably related to the cost of providing the service. For projects with more than one phase, Staff shall file a notice of determination for each phase requiring a discretionary approval. The filing and posting of a Notice of Determination with the Clerk, and, if necessary, with the Office of Planning and Research, usually starts a thirty (30) day statute of limitations on court challenges to the approval under CEQA. When separate notices are filed for successive phases of the same overall project, the thirty (30) day statute of limitation to challenge the subsequent phase begins to run when the second notice is filed. Failure to file.the Notice results in a one hundred eighty(180) day statute of limitations. 734 DISPOSITION OF A FINAL EIR. The City shall file a copy of the Final EIR with the appropriate planning agency of any city or county where significant effects on the environment may occur. The City shall also retain one or more copies of the Final EIR as a public record for a reasonable period of time. Finally, for private projects, the City may require that the project applicant provide a copy of the certified Final EIR to each Responsible Agency.- 735 PRIVATE PROJECT COSTS. For private projects, the person or entity proposing to carry out the project shall be charged a reasonable fee to recover the estimated costs incurred by the City in preparing, circulating, and filing the Draft and Final EIRs, as well as all publication costs incident thereto. 736 FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES. At the time a Notice of Determination for an EIR is filed with the Clerk, a fee of$850 shall be paid to the Clerk for projects which will adversely affect fish and wildlife resources. These fees are collected by the Clerk on behalf of the California Department of Fish and Game ("DFG"). Only one filing fee is required for each project unless the project is tiered or phased and separate environmental documents are prepared. For projects where a Lead Agency and SACT01TIB122869\CITY0005 7-22 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Environmental Impact Report Responsible Agencies file separate Notices of Determination, only the Lead Agency is required to pay the fee. Note: Most County Clerks customarily charge a documentary handling fee for each project in addition to the filing fee specified above. Refer to the Index in the Staff Summary to help determine the correct amount. For private projects, the City shall pass these costs on to the project applicant. No fees are required for projects with a "de minimis" effect on fish and wildlife resources, or for certain projects undertaken by the DFG and implemented through a contract with a non-profit entity or local government agency. A project with a"de minimis" effect has no potential for adverse effect on fish and wildlife. This is an important exception. DFG considers the following projects as likely to have "de minimis" effects on fish and wildlife, depending on the specific facts of each project: (1) Projects which enhance fish and wildlife and their habitats and result in no accompanying adverse impacts to fish or wildlife; (2) Lot line adjustments; (3) Building remodeling; (4) Annexations; (5) Redevelopment on existing urban subdivisions with no wildlife habitat; (6) Infill of undeveloped urban lots; or (7) Adoption of a General Plan, where CEQA requires a subsequent discretionary project approval before any physical change to natural habitat is permitted. If the City believes that a project will have a "de minimis" effect on wildlife resources, it should file the Certificate of Fee Exemption attached as Form "L". This form requires the City to set forth facts in support of the fee exemption. These facts should include: (1) the name and address of the project proponent; (2) a brief description of the project and its location; (3) a statement that an Initial Study has been prepared by the City to evaluate the project's effects on wildlife resources, if any; (4) a declaration that there is no evidence before the City that the project will have any potential for adverse effect on wildlife resources; and (5) a declaration that the City has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in the regulations. A presumption of adverse effect occurs if the project has the potential for adverse effects on the fish and wildlife resources listed on Form "L". To rebut the presumption of adverse effect, the City should explain in the declaration why the project would not have an adverse impact on fish and wildlife and refer to any supporting evidence. These findings should be made at the time of approval of the EIR and attached to Form "L" when submitted to the County. Two copies of Form "L" must be filed with a Notice of Determination in order to obtain the fee exemption. If the City believes that a project has been undertaken by the DFG, that the.project's costs are payable from one or more of the sources indicated in the Fish and Game Code, and that the project is being implemented through a contract with a non-profit entity or a local government agency, the DFG filing fee does not apply. Since the DFG has not yet adopted regulations to SACTOVTBa28691CrrYk2005 7-23 02005 Best Best&Krieger LLP Local Guidelines for Implementing the ' California Environmental Quality Act(2005) Environmental Impact Report govern this exemption, including a new "Certificate of Fee Exemption," the City may wish to use Form'T"and make appropriate modifications to reflect this exemption. SACTO=\22869\CM'\2005 7_24 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Types of EIRS 8. TYPES OF EIRS 8.01 PROJECT EUL .n The most common type of EIR examines the environmental impacts of a specific development project and focuses primarily on the changes in the environment that would result from the development project. This chapter describes a number of examples of various EIRs tailored to different situations. All EIRs must meet the content requirements summarized in Guidelines Section 7.13. 8.02 SUBSEQUENT EIR. A Subsequent EIR is required when a previous EIR has been prepared and certified or a Negative Declaration has been adopted for a project and at least one of the three following situations occur: (a) Substantial changes are proposed in the project which will require major revisions of a previous EIR due to the identification of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) Substantial changes occur with respect to the circumstances under which the project is to be undertaken which will require major revisions of a previous EIR due to the identification of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (c) New information, which was not Mown and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, becomes available and shows any of the following: (1) the project will have one or more significant effects not discussed in a previous EIR or Negative Declaration; (2) significant effects previously examined will be substantially more severe than shown in a previous EIR; (3) mitigation measures or alternatives previously found not to be feasible are in fact feasible and would substantially reduce one or more significant effects, but the project proponent declines to adopt the mitigation measures or alternatives; or (4) mitigation measures or alternatives which were not considered in a previous EIR would substantially lessen one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives. A Subsequent EIR must receive the same circulation and review as the previous EIR received. In instances where the City is evaluating a modification or revision to an existing use permit, the City may consider only those environmental impacts related to the changes between what was allowed under the old permit and what is requested under the new permit. Only if these differential impacts fall within the categories described above may the City require additional environmental review. SACTOUT8=8691ClM2005 8.1 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Enviromnental Quality Act(2005) Tvnes of EIILS When the City is considering approval of a development project which is consistent with a general plan for which an EIR was completed, another EIR is required only if the project causes environmental effects peculiar to the parcel which were not addressed in the prior EIR, or which substantial new information shows will be more significant than described in the prior EIR. 8.03 SUPPLEMENTAL EIR. The City as a Lead or Responsible Agency may choose to prepare a Supplemental EIR, rather than a Subsequent EIR, if any of the conditions described in Guidelines Section 8.02 would require the preparation of a Subsequent EIR and only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. To assist the City in making this determination, the decisionmaking body should request an Initial Study and/or a recommendation by Staff. The Supplemental EIR need contain only the information necessary to make the previous EIR adequate for the project as revised. A Supplemental EIR shall be given the same kind of notice and public review as is given to a Draft EIR but may be circulated by itself without recirculating the previous EIR. When the decisionmaking body decides whether to approve the project, it shall consider the previous EIR as revised by the Supplemental EIR. Findings pursuant to Guidelines Section 7.29 shall be made for each significant effect shown in Supplemental EIR. 8.04 ADDENDUM To AN EIR The City as a Lead or Responsible Agency may choose to prepare an Addendum to an EIR, rather than a Supplement to an EIR, only if none of the conditions described in Guidelines Section 8.02 calling for preparation of a Subsequent EIR have occurred and only minor technical changes or additions to the previous environmental document are necessary. Since significant effects on the environment were addressed by findings in the original EIR, no new findings are required in the Addendum. An Addendum to an EIR need not be circulated for public review but should be included in or attached to the Final EIR. The decisionmaking body shall consider the Addendum with the Final EIR prior to making a decision on a project. A brief explanation of the decision not to prepare a Subsequent EIR or a Supplemental EIR should be included in the Addendum, the Lead Agency's findings on the project, or elsewhere in the record. This explanation must be supported by substantial evidence. 8.05 TIERED EHL "Tiering" refers to using the analysis of general matters contained in a previously certified broader EIR in later EIRs or Negative Declarations prepared for narrower projects. The later EIR or Negative Declaration may incorporate by reference the general discussions from the broader EIR and may concentrate solely on the issues specific to the later project. An Initial Study shall be prepared for the later project and used to determine whether a Tiered EIR may be used and whether new significant effects should be examined. A Tiered EIR SACTOUM\229691CrY0005 8_2 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Enviromnental Quality Act(2005) - Types of EIILS shall be used for later projects where a prior EIR has been prepared and certified for a program, plan, policy, or ordinance and the City determines that: (a) The later project is consistent with a program, plan, policy or ordinance for which an EIR has been prepared and certified; (b) The later project is consistent with applicable local land use plans and zoning of the city and county in which the later project would be located; and (c) The later project would not require a Subsequent or Supplemental EIR. (See Guidelines Sections 8.02 and 8.03.) Tiering does not excuse the City from adequately analyzing reasonably foreseeable significant environmental effects of a project, nor does it justify deferring analysis to a later tier EIR or Negative Declaration. However, the level of detail contained in a first-tier EIR need not be greater than that of the program, plan, policy, or ordinance being analyzed. When the City is using the tiering process in connection with an EIR for a large-scale planning approval, such as a general plan or component thereof(e.g., an area plan or community plan), the development of detailed, site-specific information may not be feasible. Such site-specific information can be deferred, in many instances, until such time as the City prepares a future environmental document in connection with a project of a more limited geographical scale, as long as deferral does not prevent adequate identification of significant effects of the planning approval at hand. Where a first-tier EIR has been prepared and certified for a program, plan, policy, or ordinance consistent with the requirements of this section, the City should limit the EIR or Negative Declaration on the later project to effects which: (a) were not examined as significant effects on the environment in the prior EIR; or (b) are susceptible to substantial reduction or avoidance by specific revisions in the project, the imposition of conditions or other means. When assessing whether there is a new significant cumulative effect for purposes of a subsequent tier environmental document, the City shall consider whether the incremental effects of the project would be considerable when viewed in the context of past, present, and probable future projects. The City may use only a valid CEQA document as a fust-tier document. Accordingly, the City should carefully review the first-tier environmental document to determine whether or not the statute of limitations for challenging the document has run. If the statute of limitations has not expired, the City should use the fust-tier document with caution and pay careful attention to the legal status of the document. If the first-tier document is subsequently invalidated by the courts, any later environmental document may also be defective. 8.06 STAGED EIR. Where a large capital project will require a number of discretionary approvals from governmental agencies and one of the approvals will occur more than two years before construction will begin, a Staged EIR may be prepared. The Staged EIR covers the entire project in a general form or manner. A Staged EIR should evaluate a proposal in light of current and contemplated plans and produce an informed estimate of the environmental consequences of an SACTOUMU286%CITY12005 8-3 02005 Best Best&Krieger LLP Local Guidelines for Implementing the - California Environmental Quality Act(2005) - Tvoes of EiRS entire project. The particular aspect of the project before the City for approval shall be discussed with a greater degree of specificity. Where a Staged EIR has been prepared, a Supplement to that EIR shall be prepared when a later approval is required for the project, and the information available at the time of the later approval would permit consideration of additional environmental impacts, mitigation measures, or reasonable alternatives to the project. 8.07 PROGRAM EIR. - A Program EIR is an EIR which may be prepared on an integrated series of actions that are related either: (a) Geographically; (b) As logical parts in a chain of contemplated actions; (c) In connection with the issuance of rules, regulations, plans or other general criteria to govern the conduct of a continuing program; or (d) As individual projects carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. Subsequent activities in the program must be examined in light of the Program EIR to determine whether additional environmental documents must be prepared. Additional environmental review documents must be prepared if the proposed later project may arguably cause significant adverse effects on the environment. 8.08 USE OF A PROGRAM EIR wrrn SUBSEQUENT El--Rs AND NEGATIVE DECLARATIONS. A Program EIR can be used to simplify the task of preparing environmental documents in later parts of the program. The Program EIR can: (a) Provide the basis for an Initial Study to determine whether the later activity may have any significant effects. (b) Be incorporated by reference to deal with regional influences, secondary effects, cumulative impacts, broad alternatives and other factors that apply to the program as a whole. (c) Focus an EIR on a subsequent project to permit discussion solely of new effects which had not been considered before. 8.09 USE OF AN EER FROM AN EARLIER PROJECT. A single EIR may be used to describe more than one project when the projects involve substantially identical environmental impacts. Any environmental impacts peculiar to one of the projects must be separately set forth and explained. 8.10 MASTER EHL A Master EIR is an EIR which may be prepared for: SACTOUn=86%CrrY120o5 8_4 02005 Best Best&Krieger LLP Local Guidelines for implementing the California Enviromnental Quality Act(2005) Types of EIRS (a) A general plan (including elements and amendments); (b) A specific plan; (c) A project consisting of smaller individual projects to be phased; (d) A regulation to be implemented by subsequent projects; (e) A project to be carried out pursuant to a development agreement; (f) A project pursuant to or furthering a redevelopment plan; (g) A state highway or mass transit project subject to multiple reviews or approvals; or (h) A regional transportation plan or congestion management plan. A Master EIR must do both of the following: (a) Describe and present sufficient information about anticipated subsequent projects within its scope, including their size, location, intensity, and scheduling; and (b) Preliminarily describe potential impacts of anticipated subsequent projects for which insufficient information is available to support a full impact assessment. The City and Responsible Agencies identified in the Master EIR may use the Master EIR to limit environmental review of subsequent projects. However, the Lead Agency for the subsequent project must prepare an Initial Study to determine whether the subsequent project and its significant environmental effects were included in the Master EIR. If the Lead Agency for the subsequent project finds that the subsequent project will have no additional significant environmental effect and that no new mitigation measures or alternatives may be required, it may prepare written findings to that effect without preparing a new environmental document. When the lead agency makes this finding, it must provide public notice of the availability of its proposed finding for public review and comment in the same manner as if it were providing public notice of the availability of a draft EIR. (See Sections 15177(d) and 15087 of the State Guidelines and Section 7.18 of these Guidelines.) When the Lead Agency cannot find that the subsequent project will have no additional significant environmental effect and no new mitigation measures or alternatives will be required, it must prepare either a Mitigated Negative Declaration or an EIR for the subsequent project. The Master EIR cannot be used to limit review of a subsequent project if it was certified more than five (5) years before the filing of an application for the subsequent project or if the approval of a project that was not described in the Master EIR may affect the adequacy of the environmental review in the Master EIR for any subsequent project. However, the five (5) year limitation does not apply if the City finds that no substantial changes or information related to the Master EIR exist and recertifies the Master EK or if it adopts a Negative Declaration or Mitigated Negative Declaration or certifies a Subsequent or Supplemental EIR that makes appropriate modification to the Master EIR. The City as Lead Agency must provide Notice of Completion and Notice of Availability of a Master EIR within a period of time prior to final adoption by the public agency, as described in Guidelines Section 7.18. The City may develop a fee program to fund the costs of a Master EIR. SACTOUMU286%ClTY0005 8_5 02005 Best Best&Krieger LLP Local Guidelines for Implementing the - California Environmental Quality Act(2005) Types of EIRS 8.11 FOCUSED EIR. A Focused EIR is an EIR for a subsequent project identified in a Master EIR It may be used only if the City finds that the Master EIR's analysis of cumulative, growth-inducing, and irreversible significant environmental effects is adequate for the subsequent project. The Focused EIR must incorporate by reference the Master EIR. The Focused EIR must analyze additional significant environmental effects not addressed in the Master EIR and any new mitigation measures or alternatives not included in the Master EIR "Additional significant effects on the environment" means those project-specific effects on the environment which were not addressed as significant effects on the environment in the Master EIR. The Focused EIR must also examine the following: (a) Significant effects discussed in the Master EIR for which substantial new information exists that shows those effects may be more significant than described in the Master EIR; (b) Those mitigation measures found to be infeasible in the Master EIR for which substantial new information exists that shows those effects may be more significant than described in the Master EIR; and (c) Those mitigation measures found to be infeasible in the Master EIR for which substantial new information exists that shows those measures may now be feasible. The Focused EIR need not examine the following effects: (a) Those that were mitigated through Master EIR mitigation measures;and (b) Those that were examined in the Master EIR in sufficient detail to allow project-specific mitigation or for which mitigation was found to be the responsibility of another agency. A Focused EIR may be prepared for a multifamily residential project not exceeding 100 units or a mixed use residential project not exceeding 100,000 square feet even though the project was not identified in a Master EIR, if the following conditions are met: (a) The project is consistent with a general plan, specific plan, community plan, or zoning ordinance for which an EIR was prepared within .five (5) years of the Focused EIR's certification; (b) The project does not require the preparation of a Subsequent or Supplemental EIR pursuant to Guidelines Sections 8.02 or 8.03; and (c) The parcel is surrounded by immediately contiguous urban development, was previously developed with urban uses, or is within one-half mile of a rail transit station. A Focused EIR for these projects should be limited to potentially significant effects that are project-specific and/or which substantial Dew information shows will be more significant than described in the Master ETR. No discussion shall be required of alternatives to the project, cumulative impacts of the project, or the growth-inducing impacts of the project. (See State Guidelines Section 15179.5.) SACTOUTBM869Wn'Y\WO5 8-6 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) CEQA Litigation 9. CEOA LITIGATION 9.01 TIMELINES. When a CEQA lawsuit is filed, there are numerous and complex time requirements that must be met. Pressing deadlines begin to run in the days immediately after a CEQA lawsuit has been filed. For example, within ten (10) business days of the public agency being served with a petition or complaint alleging a violation of CEQA, the Lead Agency must provide the petitioner with a list of Responsible Agencies and public agencies with jurisdiction by law over any natural resource affected by the project at issue. There are a variety of other deadlines that apply in CEQA litigation. If a CEQA lawsuit is filed, CEQA counsel should be contacted immediately in order to ensure that all the applicable deadlines are met. 9.02 ADMINISTRATIVE RECORD. When the lead agency's CEQA finding and/or action is challenged in a lawsuit, the lead agency must certify the administrative record that formed the basis of the lead agency's decision. To the extent the documents listed below exist and are not subject to a privilege that exempts them from disclosure, the following items should be included in the administrative record: (1) All project application materials; (2) All staff reports and related documents prepared by the public agency with respect to its compliance with the substantive and procedural requirements of CEQA and with respect to the action on the project; (3) All staff reports and related documents prepared by the public agency and written testimony or documents submitted by any person relevant to any findings or statement of overriding considerations adopted by the public agency pursuant to this division; (4) Any transcript or minutes of the proceedings at which the decisionmaking body of the public agency heard testimony on or considered any environmental document on the project, and any transcript or minutes of proceedings before any advisory body to the respondent public agency that were presented to the decisionmaking body prior to action on the environmental documents or on the project; (5) All notices issued by the public agency to comply with CEQA or with any other law governing the processing and approval of the project; (6) All written comments received in response to, or in connection with, environmental documents prepared for the project, including responses to the notice of preparation; SACTO=U28691CITYt2005 9.1 02005 Best Best&Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act(2005) CEQA Litigation (7) All written evidence or correspondence submitted to, or transferred from, the public agency with respect to compliance with CEQA or with respect to the project; (8) Any proposed decisions or findings submitted to the decisionmaking body of the public agency by its staff or the project proponent, project opponents, or other persons, to the extent such documents are subject to public disclosure; (9) The documentation of the final public agency decision, including the final environmental impact report, mitigated negative declaration, or negative declaration, and all documents, in addition to those referenced in paragraph (3) above, cited or relied on in the findings or in a statement of overriding considerations adopted pursuant to CEQA; (10) Any other written materials relevant to the respondent public agency's compliance with CEQA or to its decision on the merits of the project, including the initial study; any drafts of any environmental document, or portions thereof; that were released for public review; copies of studies or other documents relied upon in any environmental document prepared for the project and either made available to the public during the public review period or included in the public agency's files on the project; and internal agency communications related to the project or to compliance with CEQA, to the extent such documents are subject to public disclosure; and (11) The full written record before any inferior administrative decisionmaking body whose decision was appealed prior to the filing of the lawsuit The administrative record should be organized either chronologically or by topic area. The administrative record should include a master index of documents. The documents generated by the lead agency during the CEQA process should be properly labeled for ease of identification. $ACTOUTBV.266%CrrY\2005 9_2 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Defmitiom 10. DEFINITIONS Whenever the following terms are used in these Guidelines, they shall have the following meaning unless otherwise expressly defined: 10.01 "Applicant" means a person who proposes to carry out a project which requires a lease, permit, license, certificate, or other entitlement for use, or requires financial aid from one or more public agencies when applying for governmental approval or assistance. 10.02 "Anproval" means a decision by the decisionmaking body or other authorized body or officer of the City which commits the City to a definite course of action with regard to a particular project. With regard to any project to be undertaken directly by the City, approval shall be deemed to occur on the date when the decisionmaking body adopts a motion or resolution determining to proceed with the project, which in no event shall be later than the date of adoption of plans and specifications. As to private projects, approval shall be deemed to have occurred upon the earliest commitment to provide service or the issuance by the City of a discretionary contract, subsidy, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. The mere acquisition of land by the City shall not, in and of itself,be deemed to constitute approval of a project. For purposes of these Guidelines, all environmental documents must be completed as of the time of project approval. 10.03 `Baseline" refers to the pre-project environmental conditions. By comparing the project's potential impacts to the baseline, the lead agency determines whether the project's impacts are substantial enough to be significant under the relevant thresholds of significance. Generally, the baseline is the environmental conditions existing on the date the environmental analysis begins, such as the date of the Notice of Preparation is published for an EIR or the date of the Notice of Intent to Adopt a Negative Declaration. However, in certain circumstances, an earlier or later date may provide a more accurate environmental analysis. The City may establish any baseline that is appropriate, including an earlier or later date, as long as the choice of baseline can be supported by substantial evidence. 10.04 "CE A" (the California Environmental Quality Act) means California Public Resources Code Sections 21000, et seq. 10.05 "Categorical Exemption" means an exception from the requirement of preparing a Negative Declaration or an EK based on a finding by the Secretary of the Resources Agency that the class of projects does not have a significant effect on the environment. 10.06 "fi!y" means the City of Azusa, California. 10.07 "Clerk" means either the "Clerk of the Board" or the"County Clerk" depending upon the county. Please refer to the "Index to Environmental Filing by County" in the Staff SACTOWM226691CrM2005 10-1 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Definitions Summary to determine which applies. 10.08 "Community-Level Environmental Review" means either(1) or(2)below: (1) A certified Environmental Impact Report for any of the following actions: (a) A general plan, (b) A revision or update to the general plan that includes at least the land use and circulation elements, (c) An applicable community plan, (d) An applicable specific plan,or (e) A housing element of the general plan, if the Environmental Impact Report analyzed the environmental effects of the density of the proposed project; or (2) A negative declaration or mitigated negative declaration adopted as a subsequent environmental review document, followingand based upon an Environmental Impact Report on a general plan, community plan or specific plan. 10.09 "Cumulative Impacts"means two or more individual effects which,when considered together, are considerable or which compound or increase other environmental impacts. The individual effects may be changes resulting from a single project or a number of separate projects,whether past, present or future. The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present and reasonably foreseeable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. 10.10 "Cumulatively Considerable" means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. 10.11 "Decisionmaking Body" means the body within the City, i.e., City Council or Planning Commission, with final approval authority over the particular project. (See Guidelines Section 10.02.) 10.12 "Developed Open Space"means land that meets each of the following three criteria: (a) Is publicly owned, or financed in whole or in part by public funds, (b) Is generally open to, and available for use by, the public, (c) Is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ballfields, enclosed child play areas, and picnic facilities. Developed Open Space includes land that has been designated for acquisition by a SACTOVTB122869%CrrY\2005 10-2 02005 Best Best$Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Definitions public agency for open space purposes, but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes. 10.13 "Development Project" means any project undertaken for the purpose of development, including any project involving the issuance of a permit for construction or reconstruction but not a permit to operate. It does not include any ministerial projects proposed to be carried out or approved by public agencies. (Government Code Section 65928.) 10.14 "Discretionary Project" means a project for which approval requires the exercise of independent judgment, deliberation, or decision-making on the part of the City. 10.15 "Draft EIR" means an EIR containing the information summarized in Guidelines Section 7.13. 10.16 "Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, landslide or other natural disaster, as well as such occurrences as riot,war, terrorist incident, accident or sabotage. 10.17 "Environment" means the physical conditions which exist in the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. 10.18 "EIR" (Environmental Impact Report) means a detailed written statement setting forth the environmental effects and considerations pertaining to a project. EIR may mean a Draft or a Final version of an EIR, a Project EIR, a Subsequent EIR, a Supplemental EIR, a Tiered EIR, a Staged EIR, a Program EIR, a Master EIR, or a Focused EIR. 10.19 "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. 10.20 "Final E1R" means an EIR containing the information contained in the Draft EIR, comments either verbatim or in summary received in the review process, a list of persons commenting, and the response of the City to the comments received. 10.21 "Historical Resources" shall be determined according to the following: (a) Resources listed in, or eligible for listing in, the California Register of Historical Resources shall be considered historical resources. (b) Resources included in a local register of historical resources, as defined in Public Resources Code Section 5020.1(k), or identified as significant in a historical resource survey, as specified in Public Resources Code Section 5024.1(g), are presumed to be historically or culturally significant, unless a preponderance of evidence demonstrates that they are not historically or SACTOM\2266RUTYt2005 - 10_3 02005 Best Best&Krieger LLP Local Guidelines for Implementing the '- Califomia Environmental Quality Act(2005) Definitions culturally significant. Any of the following may be considered historically significant: any object, building, structure, site, area, place,record or manuscript which a lead agency determines,based upon substantial evidence in light of the whole record, to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social,political,military or cultural annals of California. The lead agency is not precluded from determining that a resource is a historical resource, as defined in Public Resources Code Sections 5020.10) or 5024.1, even if it is: (a) not listed in, or determined to be eligible for listing in, the California Register of Historical Resources; (b) not included in a local register of historical resources; or (c) not identified in a historical resources survey. 10.22 "Infill Site" means a site in an urbanized area that meets either of the following criteria: (1) The immediately adjacent parcels are: (a) (i) developed with qualified urban uses, or (ii) at least 75% of the perimeter of the site adjoins parcels that are developed with qualified urban uses and the remaining 25% of the site adjoins parcels that have previously been developed for qualified urban uses, (b) the site has not been developed for urban uses, and (c) no parcel within the site has been created within the past ten (10)years; or (2) The site has been previously developed for qualified urban uses. (Public Resources Code Section 21061.0.5.) 10.23 "Initial Study" means a preliminary analysis conducted by the City to determine whether an EIR or a Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR. 10.24 "Jurisdiction by Law" means the authority of any public agency to grant a permit or other entitlement for use, to provide funding for the project in question or to exercise authority over resources which may be affected by the project. The City will have jurisdiction by law over a project when the City, having primary and exclusive jurisdiction over the area involved, is the site of the project, the area in which the major environmental effects will occur, or the area in which reside those citizens most directly concerned by any such environmental effects. 10.25 "Land Disposal Facility" means a hazardous waste facility where hazardous waste is disposed in, on, or under land. (Health and Safety Code Section 25199.1(d).) SACTOVTBl22669\CrY12005 10-4 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Definitions 10.26 "Large Treatment Facility" means a treatment facility which treats or recycles one thousand (1,000) or more tons of hazardous waste during any one month of the current reporting period commencing on or after July 1, 1991. (Health and Safety Code Section 25205.1(d).) 10.27 "Lead Agency" means the public agency which has the principal responsibility for preparing environmental documents and for carrying out or approving a project when more than one public agency is involved with the same underlying activity. 10.28 "Low-Income Households" means households of persons and families of very low and low income. Low-income persons or families are those eligible for financial assistance from governmental agencies for occupants of state-funded housing. Very low income persons are those whose incomes do not exceed the qualifying limits for very low income families as established and amended pursuant to Section 8 of the United States Housing Act of 1937. Such limits are published and updated in the California Code of Regulations. (Public Resources Code Section 21159.20(c).) 10.29 "Low- and Moderate-Income Households" means persons or families whose income does not exceed 120% of area median income, adjusted for family size in accordance with adjustment factors adopted and amended by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. (Public Resources Code Section 21159.20(d).) 10.30 "Maior Transit Stop"means a site containing an existing rail station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes that operate at least every fifteen (15) minutes during the morning and afternoon peak commute periods. (Public Resources Code Section 21064.3.) 10.31 "Mitigated Negative Declaration" means a Negative Declaration prepared for a Project when the Initial Study has identified potentially significant effects on the environment, but: (1)revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment. 10.32 "Mitigation" means avoiding the environmental impact altogether by not taking a certain action or parts of an action, minimizing impacts by limiting the degree or magnitude of the action and its implementation, rectifying the impact by repairing, rehabilitating or restoring the impacted environment, reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action, or compensating for the impact by replacing or providing substitute resources or environments. 10.33 "Negative Declaration" means a written statement by the City briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant SACTOM\22869UTYt2005 10-5 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Defmitions effect on the environment and, therefore, does not require the preparation of an EIR. 10.34 "Notice of Completion' means a brief report filed with the Office of Planning and Research by the City when it is the Lead Agency as soon as it has completed a Draft EIR and is prepared to send out copies for review. 10.35 "Notice of Determination' means a brief notice to be filed by the City when it approves or determines to carry out a project which is subject to the requirements of CEQA. 1036 "Notice of Exemption' means a brief notice which may be filed by the City when it has approved or determined to carry out a project, and it has determined that the project is exempt from the requirements of CEQA. Such a notice may also be filed by an applicant where such a determination has been made by a public agency which must approve the project. 1037 "Notice of Preparation' means a brief notice sent by a Lead Agency to notify the Responsible Agencies and Trustee Agencies that the Lead Agency plans to prepare an EIR for a project. The purpose of this notice is to solicit guidance from such agencies as to the scope and content of the environmental information to be included in the EM 1038 "Oak" means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species pursuant to regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4526 of the Public Resources Code, and that is 5 inches or more in diameter at breast height. (Public Resources Code § 21083.4(a).) 10.39 "Oak Woodlands" means an oak stand with a greater than 10 percent canopy cover or that may have historically supported greater than 10 percent canopy cover. (Fish & Game Code § 1361(h).) 10.40 "Offsite Facility" means a facility that serves more than one generator of hazardous waste. (Public Resources Code Section 21151.1(13)(g).) 10.41 "Person" includes any person, firm, association, organization, partnership, business, trust, corporation, company, city, county, city and county, town, the state, and any of the agencies which may be political subdivisions of such entities. 10.42 "Private Project" means a project which will be carried out by a person other than a governmental agency, but which will need a discretionary approval from the City. Private projects will normally be those listed in subsections (b) and (c) of Guidelines Section 10.43. 10.43 "Project" means the whole of an action or activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment, and is any of the following: SACTOVT'BV26691CITY\2005 10_6 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Definitions (a) A discretionary activity directly undertaken by the City including but not limited to public works construction and related activities, clearing or grading of land, or improvements to existing public structures. (b) A discretionary activity which involves a public agency's issuance to a person of a lease, permit, license, certificate, or other entitlement for use, or which is supported, in whole or in part, through contracts, grants, subsidies, loans or other forms of assistance by the City. (c) A discretionary project proposed to be carried out or approved by public agencies, including but not limited to the enactment and amendment of local General Plans or elements thereof, the enactment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits and the approval of tentative subdivision maps. The presence of any real degree of control over the manner in which a project is completed makes it a discretionary project. The term project refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term project does not mean each separate governmental approval. 10.44 "Proiect-Specific Effects" means all the direct or indirect environmental effects of a project other than cumulative effects and growth-inducing effects. (Public Resources Code Section 21065.3.) 10.45 "Qualified Urban Use" means any residential, commercial, public institutional,. transit or transportation passenger facility, or retail use, or any combination of those uses. (Public Resources Code Section 21072.) 10.46 "Residential" means a use consisting of either residential units only or residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 15% of the total floor area of the project. 10.47 "Responsible Agency" means a public agency which proposes to carry out or approve a project for which a Lead Agency has prepared the environmental documents. For the purposes of CEQA, the term "Responsible Agency" includes all federal, state, regional and local public agencies other than the Lead Agency which have discretionary approval power over the project. 10.48 "Significant Effect" means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the activity including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. A social or economic change related to a physical change may be considered in determining whether the physical change is significant. 10.49 "Staff"means the City Manager or his or her designee. 10.50 "Standard" means a standard of general application that is all of the following: SACTOVTB12286%CTrS'12005 10-7 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Definitions (a) A quantitative, qualitative or performance requirement found in a statute, ordinance, resolution, rule, regulation, order, or other standard of general application; (b) Adopted for the purpose of environmental protection; (c) Adopted by a public agency through a public review process; (d) Governs the same environmental effect which the change in the environment is impacting; and (e) Governs the jurisdiction where the project is located. The definition of"standard" includes thresholds of significance adopted by the City which meet the requirements of this Section. If there is a conflict between standards, the City shall determine which standard is appropriate based upon substantial evidence in light of the whole record. 10.51 "State Guidelines" means the Guidelines for Implementation of the California Environmental Quality Act as adopted by the Secretary of the California Resources Agency as they now exist or hereafter may be amended. (California Administrative Code, Title 14, Sections 15000, et seq.) 10.52 "Substantial Evidence" means reliable information on which a fair argument can be based to support an inference or conclusion, even though another conclusion could be drawn from that information. "Substantial evidence" includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. "Substantial evidence" does not include argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment. 10.53 "Tiering" means the coverage of general matters in broad scope or Program EIRs, with subsequent narrower environmental documents (such as site-specific EMS) incorporating by reference the general discussions and concentrating solely on the issues specific to the environmental document subsequently prepared. 10.54. "Transportation Facilities" means major local arterials and public transit within five (5) miles of the project site, and freeways,highways, and rail transit service within ten (10)miles of the project site. 10.55 "Trustee Agency" means a State agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. Trustee Agencies may include,but are not limited to, the following: (a) The California Department of Fish and Game ("DFG") with regard to the fish and wildlife of the state, designated rare or endangered native plants, and game refuges, ecological reserves, and other areas administered by DFG. (b) The State Lands Commission with regard to state owned "sovereign" lands such as the beds of navigable waters and state school lands. (c) The State Department of Parks and Recreation with regard to units of the State SACTOVT112286%CITYX2D05 - 10_8 02005 Best Best&Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act(2005) Definitions Park System. (d) The University of California with regard to sites within the Natural Land and Water Reserve System. (e) The State Water Resources Control Board with respect to surface waters. 10.56 "Urbanized Area"means any one of the following: (1) An incorporated city that has a population of at least one hundred thousand (100,000)persons; (2) An incorporated city that has a population of less than one hundred thousand (100,000) persons if the population of the city and not more than two contiguous incorporated cities combined equals at least one hundred thousand (100,000) persons; or (3) An unincorporated area that meets both of the following requirements: (a) The unincorporated area is either: (i) completely surrounded by one or more incorporated cities, the population of the unincorporated area and the population of the surrounding incorporated city or cities equals not less than one hundred thousand (100,000) persons and the population density of the unincorporated area at least equals the population density of the surrounding city or cities; or (ii) located within an urban growth boundary.and has an existing residential population of at least five thousand (5,000) persons per square mile. (b) The board of supervisors with jurisdiction over the unincorporated area has previously issued a finding that the general plan, zoning ordinance, and related policies and programs applicable to the area are consistent with principles that encourage compact development, and the board of supervisors previously submitted a draft of that finding to the Office of Planning and Research for a thirty (30) day comment period prior to issuing a final finding. (Public Resources Code Section 21071.) 10.57 "Urban Growth Boundary" means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side of the boundary. 10.58 "Wetlands" has the same meaning as that term is construed in the regulations issued by the United States Army Corps of Engineers pursuant to the Clean Water Act. Thus "wetlands"means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Public Resources Code Section 2115921(d), incorporating Title 33, Code of Federal Regulations, Section 328.3.) SACT0%T B\228691CrrYt2005 10_9 02005 Best Best&Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act(2005) Definitions 10.59 "Wildlife Habitat' means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. (Public Resources Code Section 21159.21.) 10.60 "Zoning Approval' means any enactment, amendment, or appeal of a zoning ordinance; granting of a conditional use permit or variance; or any other form of land use, subdivision, tract, or development approval required from the city or county having jurisdiction to permit the particular use of the property. SACTOUM\22669UTY52005 10-10 02005 Best Best&Krieger LLP (P r �p �IJr�W" AGENDA ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/ CFO VIA: F. M. DELACH, CITYMANAGEAV DATE: OCTOBER 17, 2005 SUBJECT: APPROVAL OF FISCAL YEAR 2005-06 CAPITAL IMPROVEMENT PROGRAM AND BUDGET RECOMMENDATION It is recommended that City Council approve the proposed Capital Improvement program and budget for fiscal year 2005-06. BACKGROUND: At the August 15, 2005 meeting the City Council was presented with a Capital Improvement Program. (CIP) for FY 2005-06. At that meeting staff requested and received approval for eleven projects related to the City's utility operations. At the time Council was advised that the full CIP would be brought back for approval at a future date. The full CIP, summarized in attachment "A" to this report, includes new projects as well as projects approved in the prior years budget but incomplete when the new fiscal year began (carryovers). The sixteen new projects for FY 2005-06 include the eleven utility related projects approved in August as well as the Intersection Improvements/ Synchronization project which was separately approved by Council September 19. Separate descriptions of the four new projects not previously provided to Council are attached to this report. Staff Is requesting that funding for the carryover Pavement Management Plan Phase 3 project be modified by exchanging $1,000,000 from the recently created Utility Mitigation Fund for an equal amount in Gas Tax Funds approved in the original project budget. Pavement rehabilitation is a qualified expenditure of Utility Mitigation funds which are contributed by the City's Light &Water operations( from interest earnings) to mitigate the impacts of LB.W operations on City infrastructure. The intent is to utilize the saved Gas Tax funds to offset the costs of right-of-way maintenance otherwise paid for by the City's General Fund. FISCAL IMPACT Approval of funding for the sixteen new and twenty-nine carryover capital projects as Identified In the attached Capital Projects Appropriation Summary would result in all funds capital appropriations of $21,216,059 for FY 2005-06. Additionally, modifying the funding for the Pavement Management project would free up $ 1,000,000 in Gas Tax funds that could be used to offset an equal amount of General Fund expenditures currently budgeted. FY 2005-06 CAPITAL PROJECTS APPROPRIP New Proects for 2006 Ca ital Intersection Improvements/Synchronization Prop A Prop C I CDBG Park-in-Lieu Gas Tax HWY.39 PProjects Renovate City Hall Admin.Office Area Project# I Project Description Project Cost Police De t-Replacement Boorin ICarry Over Projects Do Park B 42003C Northside Park Improvements 292,196292,191 ADA im rovement-Womans Club Entry 42003D Pioneer Part-Improvements, 13,548 13,541 006A Azusa Substation 5 circuit breaker 42003H Angeleno Park 50,000 1 1 50,000 D06B Overhead line improvement/Montecito 420031 Consultant for Des/Arch 13,388 13,3 D06C Rosedale electric infrastructure 52105A Tank Removal 32,000 16,000 16,000 006D Work management system/Light 66103A Pavement Management Plan 2,321,299 1,021,299 300,000 006E Kirkwall substation/Perimeter improv. 66105A Rosedale Traffic Mitigation 515,625 106A Gladstone Water Yard Improvements 66204A Citywide Concrete 305,742 305,74! 106B Rosedale meter upgrades 66503A Sewer Master Plan Construction 2,268,947 1- 106C Vehicle replacement/Rosedale 66505A Roofin for materials storage at Ci Yard-NPDES 40,000 I 106D Urban Water Management Plan 66603A Remodelin of Light Buildingat the and 200,570 200,571 106E Replacement of system water mains 66603B Women's Club Improvements 39,498 1 39,491 106F Work mane ement system/Water 71104A Customer Information System-LW 339,281 72101C Rockvale booster upgrade 150,000 Subtotal-New Projects 72101G Radio Control for SCADA 121,445 72101N Upgrade dischar a Wells 2 8 895,500 1 TOTALS 72101P Azusa Spreading Grounds 200,048 I 72102B 6300 LF Dalton-Sierra Madre 961,000 72102G Distribution Main Upgrades 1,105,407 72103A Purchase Property from Pasadena 55,000 1 I 72103C Forest Service Gateway and Gardens 928,299 423,5 72103E I Upprade to Canyon Filter Plant 570,441 72104D Water Main Replacement 1,865,703 721050 Rehab well 2 reline/discharge 250,000 72105F Water Master Plan Update 253,328 72105J Design of new Water Plant 245,795 _ 72105K Main replacement at various locations 1,500,000 73001 F Street Light System Replacement 375,316 73001 G City Yards Design and Construction 215,683 iSubtotal Carryover Projects 16,125,059 1,021,299 1 16,000 316,000 - 50,000 1,288,51 I I 9 Ca ital Consumer ALP Traffic Vulcan Utility Facilities Gas Tax HWY.39 Prop Prop C CDBG Park-in-Lieu Projects Service Water Electric Sewer Mitigation liDonationliMitigation (Endowment I I I I I I 165,000 10,000 r 155,000 20,000 _ 70,000 20,000 75,000 - 70,000 5,000 50,000 25,000 25,000 120,000 120,000 60,000 60,000 250,000 250,000 210,000 210,000 50.000 255,000 - 50,000 zss.000 1,146,000 1,146.000 230,000 230,000 25,000 25,000 2,000,000 2.000,000 390,000 390,000 5,091,000 10,000 - - 25,000 25,000 - - 4,046,000 690,000 155,000 50,000 90,000 21,216,Os9 10,000 1,021,299 16,000 316,000 . 25,000 75,000 1,288,511 339.281 12,724,397 1,280,999 2,308,947 670,625 50,000 1,000,000 90,000 I i s U N. Og1fOR�P AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SONIA CARVALHO, CITY ATTORNEY VIA: F.M. DELACH, CITY MANAGER �o DATE: OCTOBER 17, 2005 " SUBJECT: PROPOSED FIREWORKS ORDINANCE RECOMMENDATION: Waive further reading and introduce Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 30 OF THE AZUSA MUNICIPAL CODE BY RESTATING IN THEIR ENTIRETY DIVISIONS I AND 2 OF ARTICLE IV OF CHAPTER 30 CONCERNING THE REGULATION OF THE SALE AND DISCHARGE OF FIREWORKS WITHIN THE CITY OF AZUSA BACKGROUND: In the last several Fourth of July holiday seasons the Azusa Police Department and residents have reported a significant increase in the use.of illegal fireworks and increases in trash and debris throughout the City's streets, sidewalks and parks related to the use of safe and sane fireworks sold throughout the City. Minor personal injuries and fire-related damage to real property has also been reported. The City Council asked the City's Park and Recreation Commission to review the fireworks issues, including the safety and property damage aspects. The Commission, in conjunction with the Azusa Police Department, made several safety related recommendations to the Council a few months ago. The Council considered the recommendations and asked that a new comprehensive fireworks ordinance addressing issues raised by the Commission, the Police Department and individual Council Members at the meeting be presented for consideration. ORANGE\SRC\20874.1 The proposed ordinance addresses the issues raised, including the following: 1) A reduction in duration of the sale of and discharge of fireworks; (30-103(a)) 2) Clarification of prohibition of the discharge of fireworks north of the centerline of Sierra Madre Boulevard; (30-103(d)) 3) A new prohibition of the discharge of fireworks in parks and commercial parking lots; (30-103(b)) 4) Creation of a regulatory surcharge on and permit for wholesalers of fireworks; (30- 135) 5) Provision in the permitting process that reduces the number of sales permits through attrition of permit holders;(30-1 32(e)) 6) Amendment providing that fireworks can only be sold to adults showing proof of age, rather than sales to those 16 year-old and older; (30-105(19)) 7) Imposition of a penalty on wholesalers who do not remove sales stands on or before July 7t' at 5:O0pm; (30-105(9) and 30-136(b)) 8) Creation of administrative fees of$250 and $500 for violations of the ordinance; (30- 137(c)) 9) A new requirement that a sign be posted at all sales stands informing the public that people discharging illegal fireworks will be cited and fined in the newly established fine amounts; (30-105 (23)) 10) A new requirement that sales stands be metal and comply with certain safety standards; (30-105(n)) 11) A surcharge on total gross retail sales (identical to the City of Chino's) to offset enforcement and clean-up costs incurred by the City. (30-135) In addition to the regulatory ordinance, the Police Department and management staff discussed additional measures that will betaken to enforce the law. Letters will be sent to the 211 individuals that were cited in July 2005, informing those individuals that the City intends to aggressively enforce the law again in July 2006. A reminder will be sent to all residents in the form of a newsletter or mailer informing them of the new regulations and copies of the new regulations will be made available at sales stands. FISCAL IMPACT: Revenue will be generated from the regulatory fee. The exact amount received will depend on the total gross sales and remittance of the fee. However, it is expected that revenue may partially offset the additional enforcement costs. ORANGE\SRC\20874.1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 30 OF THE AZUSA MUNICIPAL CODE BY RESTATING IN THEIR ENTIRETY DIVISIONS 1 AND 2 OF ARTICLE IV OF CHAPTER 30 CONCERNING THE REGULATION OF THE SALE AND DISCHARGE OF FIREWORKS WITHIN THE CITY OF AZUSA NOW, THEREFORE,THE PEOPLE OF THE CITY OF AZUSA DO ORDAIN AS FOLLOWS: SECTION 1. Article IV of Chapter 30 of the Azusa Municipal Code is hereby repealed and restated in its entirety to read as follows: ARTICLE IV. FIREWORKS DIVISION 1. GENERALLY Sec. 30-100. Intent The provisions of this article are intended to regulate the sale and use of safe and sane fireworks and the prevention of fires and personal injury thereby. They are, furthermore, provided to ensure a community benefit from the revenues received. The fees required by this article are for regulation purposes. Sec. 30-101. Defrlutions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Safe and sane means only those that have been classified and registered as safe and sane by the state law (California Health and Safety Code § 12500 et seq.) and the state fire marshal. Sec. 30-102. Restrictions on sale or discharge. (a) Except as provided in this article, the sale, offering for sale or the discharge within the city of fireworks of any kind, nature or description, including those devices defined as fireworks in California Health and Safety Code § 12511, is prohibited. (b) Any property owner or person in control of property who allows a person to sell, use, discharge or possess fireworks that are not safe and sane on the property owned by such person, or under such person's control, shall be in violation of this section, irrespective of such person's intent, knowledge or negligence, said violation hereby being expressly declared a strict liability offense. Sec. 30-103. Permitted discharge. ORANGE\SRC\20876.1 (a) Except as otherwise provided in this article, annually on July 4 beginning at noon and ending at midnight, safe and sane fireworks may be discharged only in residential zones within the city: (b) Safe and sane fireworks shall not be discharged at any other time nor in any other zone or area other than provided in this section, including, for example, in parks and commercial parking lots. (c) Regardless of the zone in which a fireworks sales stand is located, safe and sane fireworks shall not be discharged within 100 yards of any such stand. (d) No fireworks, and including safe and sane fireworks, may be discharged on any property located north of the centerline of Sierra Madre Avenue. Sec. 30-104. Public displays. Fireworks may be discharged at any celebration of a public or semipublic nature if a permit authorizing the discharge of fireworks is obtained in advance of the celebration from the city council. Any such permit may be issued subject to such conditions as may be necessary for the protection of the public peace or safety. Sec. 30-105. Construction, maintenance and operation of temporary firework sales stands. All temporary stands for the retail sale of safe and sane fireworks shall be constructed, maintained, operated and removed in the manner and subject to the following conditions: (1) Temporary fireworks stands shall be constructed entirely out of metal and shall have metal flooring attached. Temporary fireworks stands need not comply with the provisions of the city building code; provided, however,that all stands shall be erected under the supervision of the building official and shall be constructed in a manner that will reasonably ensure the safety of attendants and patrons. (2) No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand. (3) No person other than the individuals who are members of the permittee organization or the spouses or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand. (4) No person shall be paid or receive any other consideration for selling or otherwise participating in the sale of fireworks at such stand. (5) No person shall be allowed in the interior of the stands, except those directly engaged in the sale of fireworks. ORANGOSR020876A (6) There shall be at least one adult supervisor on duty on a 24-hour basis during the time the permit authorizes the sale of fireworks, regardless of whether the fireworks stand is open for business or not. No person under 14 years of age shall be allowed inside the booth at any time. (7) No smoking signs shall be prominently displayed both inside and outside the stand. No smoking shall be permitted within the stand or within five feet of the stand. The discharge of fireworks within 100 yards of any fireworks stand is prohibited. (8) All weeds and combustible material shall be cleared from the site on which the stand is erected. No rubbish shall be allowed to accumulate in or around any fireworks stand nor shall a fire nuisance be permitted to exist. (9) No stand shall be erected before June 15 of any year. The stand shall be removed from the premises on which it is erected and the premises shall be cleared of all structures and debris not later than 5:00 pm of July 7. (10) All stands shall be equipped with at least one fire extinguisher for each exit in the stand. The fire extinguisher shall be approved as to efficiency and safety by the fire department. (11) Each stand in excess of 20 feet in length shall have at least two exits; provided, however, in no case shall the distance between exits exceed 20 feet, and the total length of any fireworks stand shall not exceed 40 feet. (12) No stand shall be constructed with a depth of more than 12 feet. (13) No stand shall be placed closer than 20 feet of any permanent building, 100 feet from any gasoline pump, or 300 feet from another fireworks stand. (14) With each sale of fireworks, the person selling the fireworks shall personally hand to the customer a warning sheet describing the sections of this article regarding the dates and locations within the city where fireworks may be discharged. The warning sheet shall be prepared by the police department and shall describe the sections of this article and shall include a map showing the various areas within the city where fireworks may be discharged. The police department shall distribute to each permittee on or before June 15 of each year the warning sheet to be used by the fireworks stands. Each permittee operating a stand shall be responsible for reproducing the warning sheet and distributing it to each customer of the stand. It shall be unlawful for the permittee of any stand or any person working at the stand to sell fireworks to any person without personally distributing the warning sheet to each customer. The failure of any person purchasing fireworks to receive the warning sheet shall not excuse his failure to comply with the sections of this article relating to the discharge of safe and sane fireworks. (15) No fireworks stand shall be permitted to operate North of an Easterly or Westerly prolongation of Ninth Street to the city limits. ORANGE\SRC\20876.1 (16) No fireworks stand shall be located on any vacant or unimproved parcel of land. (17) The placement of any temporary portable signs, or other advertising media within any public right of way shall be prohibited. (18) It is unlawful for any person to sell,provide or distribute fireworks to a retail seller of safe and sane fireworks, on the condition that the retail seller of such fireworks shall sell or distribute such fireworks only from a stand location in which the provider has any interest, option or lease, or in any other manner to restrict the location of such stand. (19) Sales of safe and sane fireworks to persons under 18 years of age is prohibited. (20) No person shall discharge safe and sane fireworks on the property of another without consent. (21) Nothing in this article shall prohibit the owner of any multi-family dwelling from prohibiting the discharge of safe and sane fireworks on their property as a condition of a rental agreement. (22) Nothing in this article shall prohibit the governing board of any common interest development from adopting rules and regulations governing the discharge of safe and sane fireworks within the boundaries of a common interest development. (23) The permit holder for each fireworks sales stand shall cause a sign to be posted on each side of the stand declaring that the sale and discharge of non-safe and sane fireworks is prohibited and that violations of the City's fireworks regulations will result in criminal citations and/or civil fines of$250 to $500 per violation. Sec. 30-106 Violation; penalty Any person who discharges, sells, or operates a stand in violation of this article is subject to criminal citations and administrative fines and penalties as set forth in Division 2 of this Article as described hereinbelow. Sees. 30-107--30-130. Reserved. DIVISION 2. WHOLESALE AND RETAIL SALE PERMITS Sec. 30-131. Retail sales application. Applications for a retail safe and sane fireworks sale permit shall be in writing and shall contain the following: (1) The name and address of the applicant organization. ORANGEISRC120676.1 (2) The applicant organizations status as a nonprofit organization. (3) The date upon which the applicant organization was organized and established and the number of adults who are members of the applicant organization. (4) The name and addresses of the officers, if any, of the applicant organization along with the names, addresses, and telephone numbers of any officers of the organization. (5) The location where the applicant organization proposes to sell fireworks along with a letter of authorization signed by the property owner which shall include the property owners mailing address and telephone number. (6) The location of the applicant organizations principal and permanent meeting place. (7) The applicant organizations state board of equalization sales tax permit. (8) The applicant organization shall, at the time of receipt of such permit, deliver to the city a copy of a public liability insurance policy in the amounts of $25,000.00/$50,000.00 and a property damage insurance policy in the amount of$5,000.00 issued to the applicant organization with a rider attached to the policy designating the city as an additional insured thereunder. (9) Assurance that if the permit is issued to the applicant organization, the applicant organization will use the net proceeds from the sale of fireworks for the promotion of youth activities, veteran, patriotic, civic, or charitable activities within the city. (10) The applicant organization shall provide a list of all promotional activities for youth, veteran, patriotic, civic, and charitable activities performed with the net proceeds from fireworks sales within the City of Azusa for the previous year, and list proposed expenditures in these areas for the following year. The city may verify any expenditure itemization submitted prior to issuing a permit to sale fireworks. In the event the applicant organization cannot provide the required expenditure itemization, a permit shall be denied. (11) Falsification of any required application information shall be grounds to deny any future fireworks sales permits to the applicant organization. Sec. 30-132. Issuance of retail sales permit. (a) Upon the receipt on or before April 1 of each year of a written application therefor, the city manager or his/her designee may, subject to the reduction provided for in subsection (e) below, issue a maximum of 23 permits for the sale of safe and sane fireworks to nonprofit associations or corporations organized for veteran,patriotic, youth serving, civic betterment or charitable purposes which: (1) Supports youth programs solely for students of the Azusa Unified School District; or (2) Has all of the following: ORANGEISRC\20876.1 a. Its principal and permanent meeting place in the city limits; b. Been organized and established in the city for a minimum of three years continuously preceding the filing of the application for the permit; and c. Who meet regularly within the city; and d. Has submitted all required application information. (b) Only one permit shall be issued per organization regardless of the number of individual chapters or subgroups associated with the organization, or meeting within the City of Azusa; provided, however, that two permits may be issued to Azusa High School, Gladstone High School, and Azusa Pacific University. (c) The city manager or his/her designee shall either grant or deny the permit before May 1. If the application for the permit is denied, the applicant organization may appeal to the city council. After such investigation as it deems appropriate, the city council may issue or refuse to issue the permit. If it issues the permit the city council may attach such conditions to the permit as are required for the protection of the public peace or safety. (d) The decision of the city council upon the application shall be final. (e) The 23 permits issued for fireworks sales in July 2006 shall be deemed permits on the "established list." If in any subsequent year any permittee on the "established list" does not apply for or receive a sale permit pursuant to this section 30-132 then the maximum number of permits as set forth in subsection(a)herein shall be reduced by the number of permittees that do not re-apply and the permittee(s) shall be removed from the "established list." Retail sales permits are to be held by the applicant organization only and are not transferable or subject to assignment for any reason whatsoever. Sec. 30-133. Permittee compliance required. (a) If, in the opinion of the city manager or his/her designee, the construction of a temporary fireworks stand or the operation and maintenance of the stand does not conform to this article, any peace officer may order that the stand be immediately closed. (b) If a permittee fails to comply with this article or with the orders of the fire department, building division, or any peace officer, that fact shall constitute sufficient grounds for the denial in any subsequent year of any application by that organization for a permit to sell fireworks. Sec. 30-134. Time, location restrictions. ORANGEISRC\20876.1 (a) The permit required in this division shall authorize the sale of safe and sane fireworks beginning at 12:00 noon on July 1 and ending at 10:00 p.m. on July 4. No person shall sell a safe and sane firework at any other time than those times authorized herein. (b) The permit shall authorize the sale of safe and sane fireworks only from the temporary stand erected at the location specified in the application. Each applicant shall be limited to one permit a year, and each permit shall be limited to one stand." Section 30-135. Surcharge. (a) The City shall assess a surcharge on all sales of safe and sane that occur in the city. The assessment shall be paid by the stand operator of any and all safe and sane fireworks sold in the city, upon presentment of an invoice by the city's finance department. (b) The assessment is intended to raise sufficient funds for the city to pay for the cost of processing and issuing permits under this article; inspection of stands; a public education and awareness campaign;,enforcing the provisions of this chapter, including extra personnel time; and clean-up of the trash and debris left behind each year. Therefore, the amount of the assessment shall be determined each year as soon as reasonably possible after the stand operators submit their sales reports to the city, and the assessment shall not be more than ten percent (10%) of the total gross sales of the sold in the city that year. After the finance department determines each stand operator's share of the total annual sales volume, each stand operator shall be billed for its share of the total assessment. Payment of the assessment by each stand operator shall be due to the city thirty(30) days after issuance of the invoice. (c) Failure by any stand operator to pay the amount assessed to it by the city's finance department shall be cause to bar the stand operator from selling its goods in the future, until the assessment is paid in full. Furthermore, if the assessment is not paid by the due date, it shall be subject to a ten percent (10%) penalty for each month or portion of a month that it is late." Sec. 30-136. Regulations on wholesalers; permits and stand removal. (a) Except as provided herein, no manufacturer, importer, exporter or wholesaler of fireworks shall offer for sale or sell at wholesale any fireworks of any kind without having first applied for and received a wholesale permit therefore, from the City's business license officer. All applications for a wholesale permit to sell shall: (1) Be made in writing, accompanied by a fee established by resolution of the City Council. (2) Be submitted to the City only between the IS` day of April and the 30th day of April each calendar year. (3) Be accompanied by an assurance that if the wholesale permit is issued to the applicant, the applicant shall, at the time of receipt of such wholesale permit, deliver to the business license officer of the city evidence of general commercial liability and property damage ORANGE\SRC\20876.1 insurance in the form of certificates with riders or endorsements designating the city and its employees, officials and agents as additional insured. (4) Contain such other information as may be required by the business license officer. (5) Contain a statement that safe and sane fireworks shall not be furnished, sold, distributed or placed in the possession of any person or organization in the city, or for sale, use or distribution in the city, unless such person or organization holds a valid and unrevoked permit from the city to so possess sell, use or distribute such ." (b) Upon issuance of a wholesale permit the permittee shall deposit with the City a security deposit of$500.00 for each retail sales stand it will construct in the City. The security deposit shall be returned in full provided that each stand is removed on or before July 7 at 5:00 pm. For each day past the deadline the permittee shall forfeit $100.00 per day, per stand. The failure to timely remove stands maybe used as grounds to deny a future wholesaler application. Sec. 30-137 Penalties (a) Whenever a peace officer charged with the enforcement of any provision of the Municipal Code determines that a violation of this article has occurred, the peace officer shall have the authority to issue an administrative citation to any person responsible for the violation. (b) Whenever a peace officer charged with the enforcement of this article determines that a violation of the article has occurred, the peace officer may issue an administrative citation for each violation found to have occurred. (c) Citations issued pursuant to this article shall carry administrative fines of $250 and $500. (d) Violations of this article may also be cited as criminal misdemeanor violations in accordance with Chapter 1 of this code. SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one ore more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective. SECTION 3. This ordinance shall be in full force and effect thirty (30) days after its passage. ORANGE�SRC\20876.1 SECTION 4. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED AND ADOPTED this day of 2005. Diane Chagnon, Mayor ATTEST: Vera Mendoza, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 2005, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 2005, by the following vote, to wit: AYES:COUNCILMEMBERS: NOES:COUNCILMEMBERS: ABS ENT:C OUNCILMEMBERS: Vera Mendoza City Clerk APPROVED AS TO FORM: City Attorney ORANGESRC\20876.1 OF�ZG U w c'"cfo�"4 AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SONIA CARVALHO, CITY ATTORNEY VIA: F.M. DELACH, CITY MANAGER .00 DATE: OCTOBER 17, 2005 SUBJECT: PROPOSED FIREWORKS ORDINANCE RECOMMENDATION: Waive further reading and introduce Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 30 OF THE AZUSA MUNICIPAL CODE BY RESTATING IN THEIR ENTIRETY DIVISIONS 1 AND 2 OF ARTICLE IV OF CHAPTER 30 CONCERNING THE REGULATION OF THE SALE AND DISCHARGE OF FIREWORKS WITHIN THE CITY OF AZUSA BACKGROUND: In the last several Fourth of July holiday seasons the Azusa Police Department and residents have reported a significant increase in the use.of illegal fireworks and increases in trash and debris throughout the City's streets, sidewalks and parks related to the use of safe and sane fireworks sold throughout the City. Minor personal injuries and fire-related damage to real property has also been reported. The City Council asked the City's Park and Recreation Commission .to review the fireworks issues, including the safety and property damage aspects. The Commission, in conjunction with the Azusa Police Department, made several safety related recommendations to the Council a few months ago. The Council considered the recommendations and asked that a new comprehensive fireworks ordinance addressing issues raised by the Commission, the Police Department and individual Council Members at the meeting be presented for consideration. ORANGE\SRC\20874.1 The proposed ordinance addresses the issues raised, including the following: 1) A reduction in duration of the sale of and discharge of fireworks; (30-103(a)) 2) Clarification of prohibition of the discharge of fireworks north of the centerline of Sierra Madre Boulevard; (30-103(d)) 3) A new prohibition of the discharge of fireworks in parks and commercial parking lots; (30-103(b)) 4) Creation of a regulatory surcharge on and permit for wholesalers of fireworks; (30- 135) 5) Provision in the permitting process that reduces the number of sales permits through attrition of permit holders;(30-132(e)) 6) Amendment providing that fireworks can only be sold to adults showing proof of age, rather than sales to those 16 year-old and older; (30-105(19)) 7) Imposition of a penalty on wholesalers who do not remove sales stands on or before July 7�h at 5:00pm; (30-105(9) and 30-136(b)) 8) Creation of administrative fees of$250 and $500 for violations of the ordinance; (30- 137(c)) 9) A new requirement that a sign be posted at all sales stands informing the public that people discharging illegal fireworks will be cited and fined in the newly established fine amounts; (30-105 (23)) 10) A new requirement that sales stands be metal and comply with certain safety standards; (30-105(n)) 11) A surcharge on total gross retail sales (identical to the City of Chino's) to offset enforcement and clean-up costs incurred by the City. (30-135) In addition to the regulatory ordinance, the Police Department and management staff discussed additional measures that will be taken to enforce the law. Letters will be sent to the 211 individuals that were cited in July 2005, informing those individuals that the City intends to aggressively enforce the law again in July 2006. A reminder will be sent to all residents in the form of a newsletter or mailer informing them of the new regulations and copies of the new regulations will be made available at sales stands. FISCAL IMPACT: Revenue will be generated from the regulatory fee. The exact amount received will depend on the total gross sales and remittance of the fee. However, it is expected that revenue may partially offset the additional enforcement costs. ORANGE\SRC\20874.1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 30 OF THE AZUSA MUNICIPAL CODE BY RESTATING IN THEIR ENTIRETY DIVISIONS 1 AND 2 OF ARTICLE IV OF CHAPTER 30 CONCERNING THE REGULATION OF THE SALE AND DISCHARGE OF FIREWORKS WITHIN THE CITY OF AZUSA NOW, THEREFORE, THE PEOPLE OF THE CITY OF AZUSA DO ORDAIN AS FOLLOWS: SECTION 1. Article IV of Chapter 30 of the Azusa Municipal Code is hereby repealed and restated in its entirety to read as follows: ARTICLE lV. FIREWORKS DIVISION 1. GENERALLY Sec. 30-100. Intent The provisions of this article are intended to regulate the sale and use of safe and sane fireworks and the prevention of fires and personal injury thereby. They are, furthermore, provided to ensure a community benefit from the revenues received. The fees required by this article are for regulation purposes. Sec. 30-101. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Safe and sane means only those that have been classified and registered as safe and sane by the state law (California Health and Safety Code § 12500 et seq.) and the state fire marshal. Sec. 30-102. Restrictions on sale or discharge. (a) Except as provided in this article, the sale, offering for sale or the discharge within the city of fireworks of any kind, nature or description, including those devices defined as fireworks in California Health and Safety Code § 12511, is prohibited. (b) Any property owner or person in control of property who allows a person to sell, use, discharge or possess fireworks that are not safe and sane on the property owned by such person, or under such person's control, shall be in violation of this section, irrespective of such person's intent, knowledge or negligence, said violation hereby being expressly declared a strict liability offense. See. 30-103. Permitted discharge. ORANWSM20676.1 (a) Except as otherwise provided in this article, annually on July 4 beginning at noon and ending at midnight, safe and sane fireworks may be discharged only in residential zones within the city: (b) Safe and sane fireworks shall not be discharged at any other time nor in any other zone or area other than provided in this section, including, for example, in parks and commercial parking lots. (c) Regardless of the zone in which a fireworks sales stand is located, safe and sane fireworks shall not be discharged within 100 yards of any such stand. (d) No fireworks, and including safe and sane fireworks, may be discharged on any property located north of the centerline of Sierra Madre Avenue. Sec. 30-104. Public displays. Fireworks may be discharged at any celebration of a public or semipublic nature if a permit authorizing the discharge of fireworks is obtained in advance of the celebration from the city council. Any such permit may be issued subject to such conditions as may be necessary for the protection of the public peace or safety. Sec. 30-105. Construction, maintenance and operation of temporary firework sales stands. All temporary stands for the retail sale of safe and sane fireworks shall be constructed, maintained, operated and removed in the manner and subject to the following conditions: (1) Temporary fireworks stands shall be constructed entirely out of metal and shall have metal flooring attached. Temporary fireworks stands need not comply with the provisions of the city building code; provided, however, that all stands shall be erected under the supervision of the building official and shall be constructed in a manner that will reasonably ensure the safety of attendants and patrons. (2) No person other than the permittee organization shall operate the stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand. (3) No person other than the individuals who are members of the permittee organization or the spouses or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand. (4) No person shall be paid or receive any other consideration for selling or otherwise participating in the sale of fireworks at such stand. (5) No person shall be allowed in the interior of the stands, except those directly engaged in the sale of fireworks. ORANGE\SRC40876.1 (6) There shall be at least one adult supervisor on duty on a 24-hour basis during the time the permit authorizes the sale of fireworks, regardless of whether the fireworks stand is open for business or not. No person under 14 years of age shall be allowed inside the booth at any time. (7) No smoking signs shall be prominently displayed both inside and outside the stand. No smoking shall be permitted within the stand or within five feet of the stand. The discharge of fireworks within 100 yards of any fireworks stand is prohibited. (8) All weeds and combustible material shall be cleared from the site on which the stand is erected. No rubbish shall be allowed to accumulate in or around any fireworks stand nor shall a fire nuisance be permitted to exist. (9) No stand shall be erected before June 15 of any year. The stand shall be removed from the premises on which it is erected and the premises shall be cleared of all structures and debris not later than 5:00 pm of July 7. (10) All stands shall be equipped with at least one fire extinguisher for each exit in the stand. The fire extinguisher shall be approved as to efficiency and safety by the fire department. (11) Each stand in excess of 20 feet in length shall have at least two exits; provided, however; in no case shall the distance between exits exceed 20 feet, and the total length of any fireworks stand shall not exceed 40 feet. (12) No stand shall be constructed with a depth of more than 12 feet. (13) No stand shall be placed closer than 20 feet of any permanent building, 100 feet from any gasoline pump, or 300 feet from another fireworks stand. (14) With each sale of fireworks, the person selling the fireworks shall personally hand to the customer a warning sheet describing the sections of this article regarding the dates and locations within the city where fireworks may be discharged. The warning sheet shall be prepared by the police department and shall describe the sections of this article and shall include a map showing the various areas within the city where fireworks may be discharged. The police department shall distribute to each permittee on or before June 15 of each year the warning sheet to be used by the fireworks stands. Each permittee operating a stand shall be responsible for reproducing the warning sheet and distributing it to each customer of the stand. It shall be unlawful for the permittee of any stand or any person working at the stand to sell fireworks to any person without personally distributing the warning sheet to each customer. The failure of any person purchasing fireworks to receive the warning sheet shall not excuse his failure to comply with the sections of this article relating to the discharge of safe and sane fireworks. (15) No fireworks stand shall be permitted to operate North of an Easterly or Westerly prolongation of Ninth Street to the city limits. ORANGE\SRC\20876.1 (16) No fireworks stand shall be located on any vacant or unimproved parcel of land. (17) The placement of any temporary portable signs, or other advertising media within any public right of way shall be prohibited. (18) It is unlawful for any person to sell,provide or distribute fireworks to a retail seller of safe and sane fireworks, on the condition that the retail seller of such fireworks shall sell or distribute such fireworks only from a stand location in which the provider has any interest, option or lease, or in any other manner to restrict the location of such stand. (19) Sales of safe and sane fireworks to persons under 18 years of age is prohibited. (20) No person shall discharge safe and sane fireworks on the property of another without consent. (21) Nothing in this article shall prohibit the owner of any multi-family dwelling from prohibiting the discharge of safe and sane fireworks on their property as a condition of a rental agreement. (22) Nothing in this article shall prohibit the governing board of any common interest development from adopting rules and regulations governing the discharge of safe and sane fireworks within the boundaries of a common interest development. (23) The permit holder for each fireworks sales stand shall cause a sign to be posted on each side of the stand declaring that the sale and discharge of non-safe and sane fireworks is prohibited and that violations of the City's fireworks regulations will result in criminal citations and/or civil fines of$250 to $500 per violation. Sec. 30-106 Violation; penalty Any person who discharges, sells, or operates a stand in violation of this article is subject to criminal citations and administrative fines and penalties as set forth in Division 2 of this Article as described hereinbelow. Secs. 30-10730-130. Reserved. DIVISION 2. WHOLESALE AND RETAIL SALE PERMITS Sec. 30-131. Retail sales application. Applications for a retail safe and sane fireworks sale permit shall be in writing and shall contain the following: (1) . The name and address of the applicant organization. ORANGEISRC\20876.1 (2) The applicant organizations status as a nonprofit organization. (3) The date upon which the applicant organization was organized and established and the number of adults who are members of the applicant organization. (4) The name and addresses of the officers, if any, of the applicant organization along with the names, addresses, and telephone numbers of any officers of the organization. (5) The location where the applicant organization proposes to sell fireworks along with a letter of authorization signed by the property owner which shall include the property owners mailing address and telephone number. (6) The location of the applicant organizations principal and permanent meeting place. (7) The applicant organizations state board of equalization sales tax permit. (8) The applicant organization shall, at the time of receipt of such permit, deliver to the city a copy of a public liability insurance policy in the amounts of $25,000.00/$50,000.00 and a property damage insurance policy in the amount of$5,000.00 issued to the applicant organization with a rider attached to the policy designating the city as an additional insured thereunder. (9) Assurance that if the permit is issued to the applicant organization, the applicant organization will use the net proceeds from the sale of fireworks for the promotion of youth activities, veteran, patriotic, civic, or charitable activities within the city. (10) The applicant organization shall provide a list of all promotional activities for youth, veteran, patriotic, civic, and charitable activities performed with the net proceeds from fireworks sales within the City of Azusa for the previous year, and list proposed expenditures in these areas for the following year. The city may verify any expenditure itemization submitted prior to issuing a permit to sale fireworks. In the event the applicant organization cannot provide the required expenditure itemization, a permit shall be denied. (11) Falsification of any required application information shall be grounds to deny any future fireworks sales permits to the applicant organization. Sec. 30-132. Issuance of retail sales permit. (a) Upon the receipt on or before April 1 of each year of a written application therefor, the city manager or his/her designee may, subject to the reduction provided for in subsection (e) below, issue a maximum of 23 permits for the sale of safe and sane fireworks to nonprofit associations or corporations organized for veteran,patriotic, youth serving, civic betterment or charitable purposes which: (1) Supports youth programs solely for students of the Azusa Unified School District; or (2) Has all of the following: ORANGE\SRC120876.1 a. Its principal and permanent meeting place in the city limits; b. Been organized and established in the city for a minimum of three years continuously preceding the filing of the application for the pen-nit; and c. Who meet regularly within the city; and d. Has submitted all required application information. (b) Only one permit shall be issued per organization regardless of the number of individual chapters or subgroups associated with the organization, or meeting within the City of Azusa; provided,however, that two permits may be issued to Azusa High School, Gladstone High School, and Azusa Pacific University. (c) The city manager or his/her designee shall either grant or deny the permit before May 1. If the application for the permit is denied,the applicant organization may appeal to the city council. After such investigation as it deems appropriate, the city council may issue or refuse to issue the permit. If it issues the permit the city council may attach such conditions to the permit as are required for the protection of the public peace or safety. (d) The decision of the city council upon the application shall be final. (e) The 23 permits issued for fireworks sales in July 2006 shall be deemed permits on the "established list." If in any subsequent year any permittee on the "established list" does not apply for or receive a sale permit pursuant to this section 30-132 then the maximum number of permits as set forth in subsection(a)herein shall be reduced by the number of permittees that do not re-apply and the permittee(s) shall be removed from the "established list." Retail sales permits are to be held by the applicant organization only and are not transferable or subject to assignment for any reason whatsoever. Sec. 30-133. Permittee compliance required. (a) If, in the opinion of the city manager or his/her designee, the construction of a temporary fireworks stand or the operation and maintenance of the stand does not conform to this article, any peace officer may order that the stand be immediately closed. (b) If a permittee fails to comply with this article or with the orders of the fire department,building division, or any peace officer, that fact shall constitute sufficient grounds for the denial in any subsequent year of any application by that organization for a permit to sell fireworks. Sec. 30-134. Time, location restrictions. ORANGE\SRC\20876.1 (a) The permit required in this division shall authorize the sale of safe and sane fireworks beginning at 12:00 noon on July 1 and ending at 10:00 p.m. on July 4. No person shall sell a safe and sane firework at any other time than those times authorized herein. (b) The permit shall authorize the sale of safe and sane fireworks only from the temporary stand erected at the location specified in the application. Each applicant shall be limited to one permit a year, and each permit shall be limited to one stand." Section 30-135. Surcharge. (a) The City shall assess a surcharge on all sales of safe and sane that occur in the city. The assessment shall be paid by the stand operator of any and all safe and sane fireworks sold in the city, upon presentment of an invoice by the city's finance department. (b) The assessment is intended to raise sufficient funds for the city to pay for the cost of processing and issuing permits under this article; inspection of stands; a public education and awareness campaign; enforcing the provisions of this chapter, including extra personnel time; and clean-up of the trash and debris left behind each year. Therefore, the amount of the assessment shall be determined each year as soon as reasonably possible after the stand operators submit their sales reports to the city, and the assessment shall not be more than ten percent (10%) of the total gross sales of the sold in the city that year. After the finance department determines each stand operator's share of the total annual sales volume, each stand operator shall be billed for its share of the total assessment. Payment of the assessment by each stand operator shall be due to the city thirty(30) days after issuance of the invoice. (c) Failure by any stand operator to pay the amount assessed to it by the city's finance department shall be cause to bar the stand operator from selling its goods in the future, until the assessment is paid in full. Furthermore, if the assessment is not paid by the due date, it shall be subject to a ten percent (10%) penalty for each month or portion of a month that it is late." Sec. 30-136. Regulations on wholesalers; permits and stand removal. (a) Except as provided herein, no manufacturer, importer, exporter or wholesaler of fireworks shall offer for sale or sell at wholesale any fireworks of any kind without having first applied for and received a wholesale permit therefore, from the City's business license officer. All applications for a wholesale permit to sell shall: (1) Be made in writing; accompanied by a fee established by resolution of the City Council. (2) Be submitted to the City only between the 1" day of April and the 30th day of April each calendar year. (3) Be accompanied by an assurance that if the wholesale permit is issued to the applicant, the applicant shall, at the time of receipt of such wholesale permit, deliver to the business license officer of the city evidence of general commercial liability and property damage ORANGE\SRC\20876.1 insurance in the form of certificates with riders or endorsements designating the city and its , employees, officials and agents as additional insured. (4) Contain such other information as may be required by the business license officer. (5) Contain a statement that safe and sane fireworks shall not be furnished, sold, distributed or placed in the possession of any person or organization in the city, or for sale, use or distribution in the city, unless such person or organization holds a valid and unrevoked permit from the city to so possess sell, use or distribute such ." (b) Upon issuance of a wholesale permit the permittee shall deposit with the City a security deposit of$500.00 for each retail sales stand it will construct in the City. The security deposit shall be returned in full provided that each stand is removed on or before July 7 at 5:00 pm. For each day past the deadline the permittee shall forfeit $100.00 per day, per stand. The failure to timely remove stands maybe used as grounds to deny a future wholesaler application. Sec. 30-137 Penalties (a) Whenever a peace officer charged with the enforcement of any provision of the Municipal Code determines that a violation of this article has occurred, the peace officer shall have the authority to issue an administrative citation to any person responsible for the violation. (b) Whenever a peace officer charged with the enforcement of this article determines that a violation of the article has occurred, the peace officer may issue an administrative citation for each violation found to have occurred. (c) Citations issued pursuant to this article shall carry administrative fines of $250 and$500. (d) Violations of this article may also be cited as criminal misdemeanor violations in accordance with Chapter I of this code. SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one ore more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective. SECTION 3. This ordinance shall be in full force and effect thirty (30) days after its passage. ORANGE\SRC\20876.1 SECTION 4. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED AND ADOPTED this day of 2005. Diane Chagnon, Mayor ATTEST: Vera Mendoza, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) 1, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. was duly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 2005, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 2005, by the following vote, to wit: AYES:COUNCILMEMBERS: NOES:COUNCILMEMBERS: ABS ENT:COUNCILMEMBERS: Vera Mendoza City Clerk APPROVED AS TO FORM: City Attorney ORANGE\SRC\20876.1 U Y c74roti�P. CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY,OCTOBER 3,2005 -6:30 P.M. The City Council of the City of Azusa met In regular session at the above date and time in the Azusa Auditorium. CEREMONIAL Ceremonial The entire Council presented Certificates of Appreciation to outgoing members of the City Cert of Apprec Boards and Commissions as follows: Jeanette K. Partridge- Library Commission. George S. Outgoing Pieper,Cultural and Historic Preservation Commission,and Marcia[G.Jorge, Human Relations Commission Commission were not present at the meeting. Members Interim Chief of Police Garcia Introduced and provided a brief background of two newly Swearing In promoted Police Officers,Paul Dennis and John Momot. Mayor Chagnon administered the Oath Police Lieut. Of Office to both officers and Swore them In as Police Lieutenants. The entire Council presented Presentation of Certificates of Appreciation to all who contributed Cert of Apprec. to the Summer Reading Program,although many organizations were not present to receive their Smr Rdg Pgrm certificate the following were noted: Vulcan Materials Company, Monrovia Nursery, VFW's, Southern California Gas Company, Friends of the Azusa Library,Azusa Woman's Club, Richard Cabildo,Azusa Civitans, Hometown Buffet,Rancho Cucamonga Quakes,Mac Donalds,La Flor de Mexico,Civilian Association of Police Personnel,Mr.and Mrs.Joseph Rocha,Athens Services, - Charlotte Augustine, Golf N Stuff, Carvel Ice Cream, and Nanas Ice Cream. Mayor Chagnon noted that a proclamation was prepared for Breast Cancer Awareness Month, Breast Cancer and that the proclamation was sent to the organization. Awareness Mo. CLOSED SESSION Closed Sess The City Council recessed to Closed Session at 6:46 p.m. to discuss the following: Recess CONFERENCE WITH LABOR NEGOTIATOR(Gov.Sec 54957 6) Conf w/Labor Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiators Organizations/Employee: APOA The City Council reconvened at 7:37 p.m. - Reconvened City Attorney Carvalho advised that there was not reportable action taken in Closed Session. City Attorney Comments Mayor Chagnon called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION-was given by City Manager Delach. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, City Librarian Tovar, Children's Librarian Miller, Public Information Officer Quiroz, Interim Chief of Police Garcia,City Treasurer Hamilton, Deputy City Clerk Toscano. PUBLIC PARTICIPATION - Public Part Mr.Art Morales addressed Council regarding Route 66:he displayed a full page ad of activities A.Morales that take place on Route 66 In San Bernardino. He stated that It is time that we realize that the Comments City of Azusa is part of Route 66. He also spoke about the"A" up in the hillside above Azusa. Mr. Mike Lee addressed Council stating that they are doing a good job. He expressed his M. Lee appreciation to those who called him to see how he was when he missed the last meeting. He Comments encouraged all to vote in the Special Election in November. He also expressed his sorrow regarding the police dog that was killed today in Long Beach. Mr.Steven Wrublevsla,Manager for Sav-On Drug Store addressed Council requesting that he be S.Wrublevsia allowed to have storage units on the property during the Christmas Season. He then answered Sav-On Drug questions posed by Councilmembers;the matter was referred to staff. Store Mr. Jorge Rosales addressed Council to publicly thank staff for providing answers to his J. Rosales questions regarding agenda items. He reminded Council and residents of the upcoming meeting Comments Citizens to Save Van Tassel Ridge on Thursday, October 13, 2005 in the Civic Auditorium. Mr.Bruce Knoles addressed Council sadly advising Council that two young boys were struck by B. Knoles an SUV on 10`h and Orange streets in Azusa on Friday of last week. He requested a four way Comments stop sign be placed at that Intersection and a painted cross walk. He also asked for crosswalks for everywhere there are children walking to school. The Item was referred to City Manager. Mr.Dan Simpson addressed Council also to speak about the accident;he advised that he was D.Simpson also present at the scene and that it was a tragedy; but that it goes more than beyond that,he Comments stated that children and adults are not good pedestrians, that they are not careful, etc. He stated that there is a need for more training in schools,and by law enforcement,etc. Mr.John Dierking addressed the same issue stating that there are traffic safety problems among J. Dierking drivers and that his thoughts and prayers are with the children that got hit. He welcomed then Comments welcomed Mr.Bruce Coleman,the City's new Economic and Community Development Director to the City of Azusa. - Councilmember Rocha reminded all that there was a cutin the Community Service Officers Rocha budget and many of them used to go to the schools to teach traffic safety. Comments Ms. Susan Buchanan of Duarte, addressed Council stating Vulcan Materials application to S. Buchanan expand 80 acres in their reclamation plan;she stated that they are non-compliant with the City Comments and with the State Board and that they have been non compliant for 13 years and per Surface Mining and Reclamation Act, this is cause for revocation of their permit. She stated that they should be required to put test plots in to show that they could re-vegetate the areas that they have mined. Ms. Evelyn Kahn, Executive Director of the Azusa Chamber of Commerce addressed Council E. Kahn inviting all to Taste of the Town on Tuesday, October 4� at 5:00 p.m.—8:00 p.m. at Azusa Comments Pacific University as part of Golden Days events. She stated that there are 17 restaurants participating and that there will be an auction and other functions. The cost Is$20 at the door. She also announced that there will be a Candidates Forum to be held on October 18, 2005. Mr. Bill Baca of Senator Romero's office addressed Council thanking them for their response B. Baca to him when there is a need and also noted his phone number for people that need to Comments contact him as follows: 323881-0100. REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts/Updates Attorney Carvalho provided an update on the newly proposed fireworks ordinance providing Update on background Information and stating that they are proposing that citations will be$250.00 and Fireworks $500.00, that they want to remove safe and sane fireworks from parks, reduce number of permits which will reduce number of booths, impose regulatory fees on manufactures for law enforcement and clean up fees. She stated that she will come back with the proposed ordinance at the October 17' meeting. 10/03/05 PAGE TWO Councilmember Rocha congratulated Betty Donnelson,Azusa local hero. He tanked Lorraine Rocha Sones, President of the Golden Days Committee for the work she has done for Golden Days Comments Week. He reminded all that the Viet Nam Moving Wall will be herein three weeks and that there Will be volunteer training on Tuesday October I I",Wednesday October 12", at the American Legion and on Friday October 21", at and Saturday October 22n°at the VFW. He displayed a flyer that's been circulating regarding a function at Slauson Park on October 13'" entitled: Hawaii in the Hood,he was very disturbed at title and reminded all that there is a need to have positive images of Azusa. He requested that staff make sure the even is properly permitted and to find out more information regarding it. Mayor Pro-Tem Hardison requested that if the event is not properly permitted that it will not be Hardison held. He questioned whether the weekly Code Enforcement is still in effect as he has noticed Comments tents and tarps over cars being used as carports. He stated that he has been requesting that Route 66 be noted in the City of Azusa for in the past and requested that staff bring look into the Issue and report back to Council. Mayor Chagnon Introduced the new Economic and Community Development Director Bruce Chagnon Coleman and Public Works Director-Assistant City Manager James.W.Makshanoff. comments City Manager Delach recognized Assistant City Manager Person for his work on the Reader City Mgr Board,making sure it is being repalred. He also stated that city Hall on the move will be open at Comments the Carnival next Sunday from 1:00 p.m.—5:00 p.m. SCHEDULED ITEMS Sched Items INFORMAL HEARING—Public Nuisance Appeal of Shamsaddin Karim!for the property located Infrml Hrg at 710 S.Azusa Avenue,Azusa. It was consensus of Council to continue the Informal Hearing to Pub Nuts Appl the meeting of November 7, 2005. Continued Councilmember Rocha requested that the question of Downtown Business Association and the 11/7/05 Azusa Chamber of Commerce becoming a partnership be discussed at the future budget meetings. Mayor Chagnon advised that the Downtown Business Association will be running the Miss Chagnon Azusa Program this year; the Chamber has contracted it out to them and she thanked Peggy comments Martinez for taking the lead on it and thanked Executive Director Kahn for the partnership. Moved by Mayor Pro-Tem Hardison, seconded by Councilmember Rocha and unanimously Chamber of carried to approve a one-year contract commencing July 1,2005, with the Azusa Chamber of Commerce Commerce for an annual amount of $75,000 to support economic development through Contract marketing,services, and legislative advocacy. The Pavement Management Change order was moved to the end of the meeting as Pvmt Mngmt Councilmember Hanks had some questions regarding the matter to be discussed with staff. change Order moved City Attorney Carvalho provided an update on the Vulcan Materials Mining application. She Vulcan Material stated that Calmat Is doing business as Vulcan Materials'and own 300 acres of land in hillside of Mining App. the community. They have held special use rights to mine a portion of the property and at one Update point were looking Into mining the 80 acres of the west side of the property,before the Citizens Congress recommended no further mining. She also advised of a meeting held with Vulcan on Thursday,September 29'"and that the legal description of the property is being reviewed to see if It covers the 80 acres.Further there Is no application pending in the City of Azusa. She talked about how the General Plan and Zoning Code related to the Issue and the potential vested rights Vulcan may have. She talked about the process for application and that at this time there is no evidence of a vested right to mine and no application pending. It was consensus of Council to receive and file the report on Vulcan Materials'Company. . The CONSENT CALENDAR consisting of Items D-1 through D-8 was approved by motion of Consent Cal Councilmember Rocha,seconded by Mayor Pro-Tem Hardison and unanimously carried with the Appvd exception of items D- 7,which was considered under the Special Call portion of the Agenda. 1. The Minutes of the regular meeting of September 19, 2005,were approved as written. Min approved 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or Regular Appointment: E.Wanstrath, and E. Ceccla. Item New Appointments: C. Cusick, Customer Service Representative 1, and M. Gomez- Villegas, Customer Service Representative 1. Promotion: P. Dennis, Police Lieutenant, and J.Momot, Police Lieutenant. 10/03/05 PAGE THREE 3. Approval was given to authorize the City Engineer to issue an Encroachment Permit to the Encroachment , Developer and his successors for 100 W. Foothill Blvd.,with receipt of proper Insurance Permit 100 W. certificates and payment of fees. 4. The City Treasurer's Report as of August 31, 2005,was received and file. City Treas 5. The Notice of Completion for Citywide Concrete Projects as completed by Martinez NOC Concrete Inc. was accepted and staff was authorized to file same with the Los Angeles Citywide County Clerk and pay the I%retention to the contractor. Concrete 6. Final Tract Map Number 62150 (Rosedale,Map for Financing and Conveyance Purposes Final Tract Map Only),was approved; the Mayor was authorized to sign, and City Clerk was directed to #62150 certify signature and sign the certificate documenting the City's approval of the Final Map Rosedale and acceptance of the street dedication as offered on the Map. 7. SPECIAL CALL ITEM. Spec Call 8. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 05-C92- CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID. SPECIAL CALL ITEMS Spec Call Items Councilmember Rocha addressed item regarding the proposed employment agreement for the Rocha Public Works Director-Assistant City Manager questioning the sentence"at the sole and absolute Comments discretion of the City Manager,the Employee may be awarded an ongoing salary Increase up to Agmt Pub Wks five percent of Employee's annual salary":he asked if there would be a reporting mechanism for Dir-Asst CM - this and City Manager Delach responded stating that there would be a performance appraisal . which he would share with the Council before any increases are granted. Moved by Councilmember Rocha, seconded by Mayor Pro-Tem Hardison and unanimously Agmt Pub Wks carried to approve the employment agreement for the Public Works Director- Assistant City Dir Appvd Manager. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 8:34 P.M. Convene CRA THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL RECONVENEDAT 8:35 Convene City P.M. Councilmember Hanks offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AND ADOPTING 2"'Rdg Ord THE AZUSA PACIFIC UNIVERSITY SPECIFIC PLAN SP-7 FOR PROPERTIES IDENTIFIED AS &Adoption ASSESSOR PARCEL NUMBERS:8609-030-013,8608-030-014,8608-030-078,8612-001-001, APU Specific 8612-003-044,8625-004006,8628-002-007,8628-002-008,8628-003-009,8628-003-015, Plan 8628-004-024,AND 8628-004-040, LOCATED AT 901 E ALOSTA AVENUE. Moved by Hanks seconded by Councilmember Rocha to-waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON,CARRILLO. ROCHA, HANKS,CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mayor Pro-Tem Hardison offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,APPROVING 2n°Rdg Ord AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE &Adoption CITY OF AZUSA AND AZUSA PACIFIC UNIVERSITY. Dev Agmt APU Moved by Mayor Pro-Tem Hardison,seconded by Carrillo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS,CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 10/03/05 PAGE FOUR The City Council recessed in order to discuss and clarify certain questions pertaining to the Year 3 Year Pvmt 3,Pavement Plan change order. Plan The City Council recessed at: 8:38 p.m. Recess The City Council reconvened at: 8:45 p.m. Reconvened Moved by Mayor Pro-Tem Hardison, seconded by Councilmember Hanks and unanimously Change Order carried to authorize the City Manager to execute a change order In the Year 3 Pavement Year 3 Pvmt Management Contractor, in an amount not to exceed$182,160. Approved The City Council recessed to Closed Session at 8:48 p.m.to discuss the items not addressed at Closed Sess the beginning of the City Council meeting. The City Council reconvened at 9:40 p.m. The City Attorney advised that there was no City Attorney reportable action taken in Closed Session. No Reports It was consensus to adjourn and keep in prayer and positive thought the two children who were Adjourn hit by a vehicle on Friday. TIME OF ADJOURNMENT: 9:41 P.M. CITY CLERK NEXT RESOLUTION NO.2005-C93. NEXT ORDINANCE NO. 2005-07. 10/03/05 PAGE FIVE 1 U C'9lieOr �P CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR ADJOURNED' MONDAY,SEPTEMBER 12,2005—6:00 P.M. The City Council of the City of Azusa met in adjourned session at the above date and time in the Azusa Light and Water Conference Room, 729 N.Azusa Ave. Call to Order Mayor Chagnon called the meeting to order. ROLL CALL Roll Call PRESENT: DIRECTORS: HARDISON,CARRILLO,ROCHA,HANKS,CHAGNON ABSENT: DIRECTORS: NONE Also Present ALSO PRESENT: City Manager Delach,Assistant City Manger Person,Economic and Community Development Director Hightower,Public Information Officer Quiroz,City Clerk Mendoza,Deputy City Clerk Toscano. Interviews were held for applicants received for the following City Boards and Commissions: Interviews for Architectural Barriers Cultural&Historical Preservation City Boards& Human Relations Library Commissions Planning Park and Recreation Monrovia Nursery Foundation Board Final appointments will be made at the meeting of September 19, 2005. PUBLIC PARTICIPATION Pub Part Mr.Ryan Nevans addressed Council expressing concern regarding the dangers regarding the R. Nevans potential expansion of Vulcan Materials Company,i.e. PM 10 hazards. Comments Mr.Art Morales addressed Council expressing his concerns regarding the Vulcan Materials A.Morales Company and its rock quarry operations. -Comments WORKSHOP ON FOOTHILL SHOPPING CENTER Workshop Foothill Shopping A workshop was held regarding the Foothill Shopping Center with representatives of Trachman Center Indevco and City View. Councilmembers considered a theater entertainment center as an option for the center as a market could not be persuaded to come there and requested that they be shown both options of moderate and fair income housing. It was consensus of Councilmembers to hold another meeting with neighbors in that area to find out what they would like to see at the center as well as to get their feedback regarding Fennimore Avenue. Moved by Councllmember Carrillo, seconded by Mayor Pro-Tem Hardison and unanimously Adjourn carried to adjourn. TIME ADJOURNMENT: 9:52 P.M. CITY CLERK NEXT RESOLUTION NO.05-C77. U,OF'A�Gir R CgUropc+�. . CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR ADJOURNED/SPECIAL MONDAY,SEPTEMBER 26,2005-8:02 P.M. The City Council of the City of Azusa met in adjourned/special session at the above date and time In the Azusa Light and Water Conference Room, 729 N.Azusa Ave. Mayor Chagnon called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: DIRECTORS: HARDISON,CARRILLO,ROCHA,HANKS,CHAGNON ABSENT: DIRECTORS: NONE ALSO PRESENT: Also Present City Manager Delach,Assistant City Manger Person, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Jorge Rosales addressed Council questioning the basis for items to placed before the J. Rosales Personnel Board;Assistant City Manager Person will get together with Mr. Rosales to explain Comments the procedure. Ms.Peggy Martinez invited all to attend the Azusa Golden Days Events,noting that Sister City P.MartinezComments Is holding a Reception on Friday, October 7"at 6:00 p.m. AGENDA ITEM Agenda Item Moved by Councilmember Rocha, seconded by Mayor Pro-Tem Hardison and unanimously HR Action Item carried to approve Human Resource Action Item as follows: Approved New Appointment: R. Ovrom, Human Resources/Risk Mgmt.Analyst. A workshop was held to establish a schedule of future Council Study Sesslons/Workshops as Workshop follows: Establish Study Sessions/Work- Foothill Shopping Center Resident meeting-October 10, 2005-7:00 p.m, shops Joint meeting with Parks and Recreation Com.-October 20, 2005 6:00 p.m. Kincald Pit Workshop-October 24, 2005-8:00 p.m.-or immediately following UB mtg. Goal Setting Workshop-November 4-5:30 p.m.&November 5-8:30 a.m. Block 36 Workshop-November 28,2005, 7:00 p.m. And/or immediately following UB mtg. Gold Line Workshop-December 12, 2005. Library Workshop-January 9, 2006 (tentative) Joint Meeting w/AVSD-January, 2006 (tentative) Foothill Shopping Center Workshop-January. 2006 (tentative) Moved by Mayor Pro-Tem Hardison, seconded by Counclimember Carrillo and unanimously Adjourn carried to adjourn. TIME ADJOURNMENT: 8:50 P.M. CITY CLERK NEKF RESOLUTION NO.05-C90. U �'�trrti�1� CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN IQREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO VIA: F. M. DELACH, CITYMANAGER/fjAA0 DATE: OCTOBER 17, 2005 SUBJECT: PURCHASE OF TRANSFORMER ENCLOSURE COVERS RECOMMENDATION It is recommended that in accordance with Section 2-518(b), under Article VII, Bidding and Contracting, of the Azusa Municipal Code, Council approve the issuance of a Purchase Order in an amount not to exceed $16,400 to Jensen Precast of Fontana, CA for the purchase of 24 Burd Transformer Enclosure Pad Tops and Diamond Plate Covers. BACKGROUND The Public Utilities Commission of The State of California mandates that, under General Order Number 165, "routine cycle inspections be performed on wood poles and overhead, pad mounted, and underground equipment of electric utility distribution systems". After inspecting the underground electric transformers located at the Villa Azusa condominium complex on Sierra Madre and Todd Avenues, the Electric Division has determined that the transformer enclosure pad tops, and diamond plate covers on 22 underground transformer enclosures have fallen into such a state of disrepair, that they are considered a public safety hazard and are in need of immediate replacement. FINDINGS The Purchasing Division solicited written quotations for 24 each, including 2 spares, from five known vendors who supply underground concrete utility vaults to electric and water utilities. All but one vendor declined to submit quotations, as indicated on page two of this report. The total includes sales tax and delivery charges to the City of Azusa. HONORABLE MAYOR f#JD MEMBERS OF THE CITY COUNCIL Page 2 Vendor Location Price Lead Time Jensen Precast Fontana, CA $16,400 3-4 weeks Eisel Enterprises, Inc. Placentia, CA NO QUOTE Brooks Products Ontario, CA NO QUOTE J &R Concrete Products Perris, CA NO QUOTE Utility Vault San Francisco, CA NO QUOTE FISCAL IMPACT There is no fiscal impact to the General Fund, as these enclosures will be purchased under Stores Inventory account number 33000000001601, then will be charged to the appropriate Electric Division account as they are checked out of Stores. Prepared by:T.Garcia,Buyer CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO VIA: FRANCIS M. DELACH, CITY MANAGER/, 4-0 DATE: OCTOBER 17, 2005 SUBJECT: PURCHASE OF WOOD POLES RECOMMENDATION It is recommended that in accordance with Section 2-518(b), under Article VII, Bidding and Contracting, of the Azusa Municipal Code, that City Council approve the issuance of a purchase order to North Pacific Group, Inc. of Portland, OR in an amount not to exceed $16,920. BACKGROUND The City Stocks in its inventory, wood poles used to support overhead power lines. These poles come in lengths of between 35' and 55', and are classified as "class 1,2,or 3". A class 1 pole is nearly perfectly straight without any cracks or splits, or other flaws. Class 2 poles are almost as good, perhaps with a few minor flaws, but considerably less expensive. Class 3 poles tend to be warped, twisted, and may even have cracks and splits in them, making them weaker and thereby less likely to be able to support the weight of heavy pole mounted transformers, although they are less expensive than class 2 poles. The Light Division generally opts for the class 2 poles, because they are the better value. In their ongoing effort to assure that the wood poles throughout the city are safe, the Light Division periodically replaces older weaker poles with new ones. FINDINGS Purchasing solicited written quotations from three known suppliers of wood poles. Quotes were submitted by all three, and are listed on page two of this report, in terms of total price including sales tax and freight charges to the City of Azusa. Honorable Mayor and Members of the Council October 17, 2005 Page 2 Vendor Location Price Lead Time North Pacific Group, Inc. Portland, OR $16,920 4 weeks or sooner Pacific Wood Eloy, AZ $17,005 4 weeks Preserving Co. One Source Downey, CA $19,675 4 weeks FISCAL IMPACT There is no fiscal impact to the General Fund, as the poles will be purchased under Stores Inventory account number 33000000001601 , then will be charged to the appropriate Light Division account as they are checked out of Stores. Prepared by:T.Garcia,Buyer � N CONSEMCHIENDAR To: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL From: ACTING CHIEF BOB GARCIA Via: F.M. DELACH, CITY MANAGERh.r Date: OCTOBER 17, 2005 Subject: AWARD CONTRACT FOR POLICE EMERGENCY VEHICLE CONVERSIONS FOR SIX NEW FORD CROWN VICTORIA'S TO 10-8 RETRO FIT IN THE AMOUNT OF $17,685.67 RECOMMENDATION It is recommended that the City Council approve the contract for installing all of the emergency safety equipment on six new police vehicles to 10-8 Retro Fit, 1911 McKinley Ave., La Verne, CA 91750 in the amount of $17,685.67. BACKGROUND New police vehicles are delivered from Ford without the emergency equipment installed. AZPD has a practice of recycling emergency equipment in good working order from an existing police vehicle to a new one. The selection of a qualified vendor is vitally important due to the extreme demands placed upon emergency vehicles to perform reliably under high stress conditions. The Police Department fleet manager, Mike Jerome, visited all of the responsive bidders and determined that 10-8 Retro Fit met the standards required by Azusa P.D. for the professional installation of emergency on the six new police vehicles. Three written bids were obtained as follows: 10-8 Retro Fit, 1911 McKinely Ave., La Verne, CA 91750, $17,685.67 • Espino's Cop Shop, Inc., 9851 Eight Street #M, Rancho Cucamonga, CA 91730, $17,953.20 • Communications Center, 134 S. Valencia Ave., Glendora, CA 91741 , $25,133.33 FISCAL IMPACT Funds are budgeted in the Police Equipment Replacement Account # 46-20- 310-000-7135. Prepared by, Mike Jerome, Administration d.W6 U CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF GAYNOR, DIRECTOR OF INFORMATION TECHNOLOGY 4�pen VIA: F.M. DELACH, CITY MANAGER I W DATE: OCTOBER 17, 2005 SUBJECT: COGNOS COMPUTER SOFTWARE MAINTENACE CONTRACT RECOMMENDATION It is recommended that the City Council waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section C, no competitive market, and approve the software maintenance and support contract from Cognos, in the amount of $10,727.58 as they are a sole source vendor. BACKROUND The Utility currently uses Cognos software on the Hewlett Packard for development and support of the WEB interface to the Utility Billing system. This renewal is for 6 months as this system will be phased out once the WEB interface to the new Utility Billing system is available. The city needs to retain current licensing from the vendor, software support in order to limit any potential down time and for product enhancements to this software. FISCAL IMPACT Funding for requested purchase is part of Information Technology Department operating budget 48499420006835, 48499430006835. INVOICE PLEASE POST PAYMENT AND REMITTANCE ADVICE TO: BANK DETAILS FOR AUTOMATED PAYMENTS: Cognos Corporation Bank of America (617)-434-2200 P.O.Box D3923 100 Federal Street,Boston,MA 02110 Wire Routing#: 026009593 BOSTON,MA BOSTON, ACH/EFTRouting#: 011000138 Account# 531-34552 DELIVERED TO: INVOICE TO: Azusa Light&Water Azusa Light&Water Attn: Maggie Diaz Attn: Steven Yang 729 N. Azusa Avenue P.O.Box 9500 AZUSA, CA 91702 729 Azusa Avenue AZUSA, CA 91702 INITIAL INVOICE N0 iNV010E DATE DUE DATE PAGE iNVOICENUMBER 24 SEP 2005 1 2n7442 I I 25 AUG 2005 _ I Tax Registration N.0 94-2763235 CLIENT NO. CLIENT P.G.NO. 1880 610818 END USER: TERMS: Net 30 CLIENT TAX NO: sALEs REP:I State/Local/Higher Ed Renewal NOTES: �p E 1 PRODUCT DESCRIPTION UNIT PRICE AMOUNT S 375.00 I 375.00 11 HP MPEFiX Powerhouse Web 25-Named Users I i Standard Support Renewal For the period 01 AUG 2005 to 31 JAN 2006 On the hp 30001939 KS1020 CPU Id#939020 At 144848 AZUSA, CAILight&Water,729 N.Azusa Sales Order No.776781 Sales Tax 4.13% 9,035.00 E5 MPEAX POWERHOUSE DEVELOPMENT Standard Support Renewal For the period 01 AUG 2005 to 31 JAN 2006 On the hp 30001939 KS1020 CPU Id#939020 At 144846 AZUSA,CAILight&Water,729 N.Azusa Sales Order No.776781 Sales Tax 4.13% 500.00 HP MPE1iX Powerhouse Web Standard Support Renewal For the period 01 AUG 2005 to 31 JAN 2006 On the hp 30001939 KS102O CPU Id#939020 At 144848 AZUSA, CAILight&Water,729 N.Azusa I Sales Order No.776781 Sales Tax 4.13% .— - Continued on next page...... Cognos Corporation,15 Wayside Road, Burlington,MA 01903 Tel.(781)229-66001"(791)313.2088 ®� INVOICE INVOICE NUMBER INITIAL INVOICE NO. INVOICE DATE DUE DATE PAGE 207442 25 AUG 2005 24 SEP 2005 2 Invoice Totals Sub-Total: 9,910.00 CA STATE TAX 3.13 309.69 LOS ANGELES COUNTY TAX 1.00 99.10 Total: 10,318.79 PLEASE REFERENCE INVOICE NO. 207442 AND REMIT(USD) 10,318.79 Cognos Corporation,15 Wayside Road, Burlington,MA 01803 Tel.(781)229-6600 Fax(781)313-2088 DI 1 ciy CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F. M DELACH, CITY MANAGER _hW DATE: OCTOBER 17, 2005 /' SUBJECT: APPROVAL OF BUDGETARY STAFFING TO ALLOW THE POLICE DEPARTMENT TO TEMPORARILY EXCEED HIRING POSITIONS BY TWO (2) SWORN OFFICERS. RECOMMENDATION Due to injuries/illness and pending retirements it is recommended that City Council approve the proposal to permit the City Manager to temporarily exceed budgeted staffing in the Azusa Police Department by two (2) sworn officers. BACKGROUND As a result of police officer injuries, military service, and one currently unfilled vacancy, the Azusa Police Department is down six (6) positions for operations. Further, shortly after the first of the New Year, two (2) police officers will be retiring. Due to the time involved in recruitment and training, staff is requesting Council consideration to permit us to exceed current budgeted position count by two (2) positions. By approving staff to temporarily exceed budgeted staffing, we can get a "jump" on recruitment and hiring in order to maintain field deployment staffing and potentially reduce overtime pay. FISCAL IMPACT Due to attrition, there are no anticipated additional costs exceeding that provided for the fiscal year 2005-2006 budget. • �t Of U u h 'C"Q(ffORr•�P CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY,OCTOBER 3,2005-8:34 P.M. _ The Board of Directors of the Redevelopment Agency of the City of Azusa met In regular session at the above date and time in the Azusa Auditorium. Chairperson Chagnon called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: DIRECTORS: HARDISON,CARRILLO, ROCHA, HANKS,CHAGNON ABSENT: DIRECTORS: NONE ALSO PRESENT: Also Present General Counsel Carvalho, Executive Director Delach, City Department Heads, Deputy Secretary Toscano. The CONSENT CALENDAR consisting of Item E-1 through E-4, was approved by motion of Consent Cal. Director Carrillo, seconded by Director Hardison and unanimously carried. Appvd I. The Minutes of the regular meetings of September 19, 2005,were approved. Min approved 2. The Agency Treasurer's Report as of August 31,2005 was received and filed. Treas Rpt 3. Redevelopment Agency Personnel Action Item was approved as follows: Step Increase Psnl Action Item Recommendation: S. Ruiz, Economic Development Specialist. 4. Resolution was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res No.05-R36 CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY Warrants FUNDS. SPECIAL CALL Special Call None. None It was consensus of the Redevelopment Agency Boardmembers to adjourn. Adjourn TIME OF ADJOURNMENT: 8:35 P.M. SECRETARY NEXT RESOLUTION NO.05-R37. NEXT ORDINANCE NO.05-RO I. • U vt - �T`rlrttPS'tiP AGENCY INFORMATION ITEM TO: THE HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTOR*D . DATE: OCTOBER 17, 2005 SUBJECT: PROFESSIONAL SERVICE CONTRACTS QUARTERLY REPORT FOR PERIOD JULY 1, 2005 THROUGH SEPTEMBER 30, 2005 RECOMMENDATION Review and file the report. BACKGROUND On June 7, 2004, the Agency Board approved redevelopment signatory authority for professional service contracts up to $49,999.99. As a condition of that approval, staff is required to prepare a quarterly informational item for the Agency Board for those purchases $15,000 and over, which will include vendor, amount of purchase, and item or service purchased. For this quarter, the following purchases were initiated: Vendor NameAmount Services Provided AEI Consultants 1 $18,350.00 1 Phase 2 8.3 Environmental Investi ation-613/615 N. Azusa These services were in connection with performing environmental testing of the Dr. Reyes site. FISCAL IMPACT This project was budgeted in the CIP budget. Prepared by R. Jara. BAC:Rll/a C:\Documents and Settings\rpewn\Desktop\CRY C0UN0L\2005\OCT0BER 17,2005\FINAL REDEV PURCH75E.130C AIM 10/17/6 5 AO • p .. AZUSA CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF GAYNOR, DIRECTOR OF INFORMATION TECHNOLOGY VIA: F.M. DELACH, CITY MANAGER /r't/U/� DATE: OCTOBER 17, 2005 SUBJECT: COGNOS COMPUTER SOFTWARE MAINTENACE CONTRACT RECOMMENDATION It is recommended that the City Council waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section C, no competitive market, and approve the software maintenance and support contract from Cognos, in the amount of $10,727.58 as they are a sole source vendor. BACKROUND The Utility currently uses Cognos software on the Hewlett Packard for development and support of the WEB interface to the Utility Billing system. This renewal is for 6 months as this system will be phased out once the WEB interface to the new Utility Billing system is available. The city needs to retain current licensing from the vendor, software support in order to limit any potential down time and for product enhancements to this software. FISCAL IMPACT Funding for requested purchase is part of Information Technology Department operating budget 48499420006835, 48499430006835. Ai //07/ tltrionie S`(-eGfbar raz, oCrINVOICE .rkw PLEASE POST PAYMENT AND REMITTANCE ADVICE TO: BANK DETAILS FOR AUTOMATED PAYMENTS: Cognos Corporation Bank of America (617)-434-2200 _ P.O.Box D3923 100 Federal Street,Boston,MA 02110 BOSTON,MA Wire Routing#: 026009593 02241-3923 ACH/EFT Routing#: 011000138 Account#531-34552 INVOICE TO: DELIVERED TO: Azusa Light&Water Azusa Light&Water Attn: Steven Yang Attn: Maggie Diaz P.O.Box 9500 729 N. Azusa Avenue 729 Azusa Avenue AZUSA, CA 91702 AZUSA, CA 91702 INVOICE NUMBER INITIAL INVOICE NO. INVOICE DATE DUE DATE PAGE 207442 _ I 25 AUG 2005 24 SEP 2005 1 CLIENT NO. CLIENT P.O.NO. Tax Registration No: 94-2763235 1880 610818 END USER: TERMS: Net 30 SALES REP: State/Local/Higher Ed Renewal CLIENT TAX NO: NOTES: USE OTY�RS PRODUCT DESCRIPTION _ UNIT PRICE AMOUNT J 1 HP MPEIIX Powerhouse Web 25-Named Users 375.00 375.00 Standard Support Renewal For the period 01 AUG 2005 to 31 JAN 2006 On the hp 30001939 KSI020 CPU Id#939020 At 144848 AZUSA,CAILight&Water,729 N.Azusa Sales Order No.776781 Sales Tax 4.13% 65 MPEIIX POWERHOUSE DEVELOPMENT 9,035.00 Standard Support Renewal For the period 01 AUG 2005 to 31 JAN 2006 On the hp 30001939 KSI020 CPU Id#939020 At 144848 AZUSA,CAILight&Water,729 N.Azusa Sales Order No.776781 Sales Tax 4.13% 1 HP MPEIiX Powerhouse Web 500.00 Standard Support Renewal For the period 01 AUG 2005 to 31 JAN 2006 On the hp 30001939 KSI020 CPU Id#939020 At 144848 AZUSA,CAILight&Water,729 N.Azusa Sales Order No.776781 Sales Tax 4.13% Continued on next page Cognos Corporation,15 Wayside Road, Burlington,MA 01803 Tel.(781)229-6600 Fax(781)313-2088 • Cw , ,,; INVOICE INVOICE NUMBER INITIAL INVOICE NO. INVOICE DATE DUE DATE PAGE 207442 25 AUG 2005 24 SEP 2005 2 Invoice Totals Sub-Total: 9,910.00 CA STATE TAX 3.13 309.69 LOS ANGELES COUNTY TAX 1.00 99.10 Total: 10,318.79 PLEASE REFERENCE INVOICE NO.207442 AND REMIT(USD) 10,318.79 H T X Ps V Mir IC'1 -- Cognos Corporation,15 Wayside Road, Burlington,MA 01803 Tel.(781)229-6600 Fax(781)313-2088 r ' RESOLUTION NO. 05-C93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE SCHEDULE OF WATER RATES AND CHARGES FOR THE AZUSA LIGHT AND WATER DEPARTMENT. WHEREAS, pursuant to Section 78-36 and Section 78-37 of the Azusa Municipal Code, the rates and charges of the City of Azusa water utility are set by a Resolution passed by the Council; and WHEREAS, pursuant to Section 15079.1 of the guidelines for the implementation of the California Environmental Quality Act (CEQA) stipulates that the review provisions of CEQA do not apply to matters of government finance when the funds are for (1) meeting operating expenses; (2) purchasing or leasing supplies, equipment or materials; (3) meeting financial reserve needs and requirements; and (4) obtaining funds for capital projects necessary to maintain a service within existing service areas; and WHEREAS, the City of Azusa has a need to review the schedule of rates and charges for the City of Azusa's Water Utility; and WHEREAS, the City of Azusa has provided public notice by direct mail to each customer of the City of Azusa's Water Utility 45 days in advance of this public hearing to consider a 3% increase in water rates; and WHEREAS, the proposed revisions by nature pertain to government finance in meeting operating expenses and obtaining funds for capital projects necessary to sustain and maintain water service within existing service areas. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City's schedule of rates and charges for its Water Utility are hereby amended to read as on Exhibit A which is attached to this Resolution and made a part of it; and Section 2. The review provisions of the California Environmental Quality Act do not apply to these amendments; and Section 3. The amended rates and charges of the City of Azusa Water Utility shall take effect for all bills rendered on and after November 1, 2005; and Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF OCTOBER, 2005. Ctcy,01/L-/ MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 17th day of October, 2005 by the following vote of the Council: AYES: COUNCIL MEMBERS: HARDISON, CARRILLO, HANKS, CHAGNON NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: ROCHA City Cler EXHIBIT "A" PROPOSED WATER RATE SCHEDULES Attached rates reflect a 3% increase where indicated by strikethroughs. OCTOBER 17, 2005 WATER RATE SCHEDULE EFFECTIVE NOVEMBER 1,2005 (Adopted by Resolution No. 05-C93) The following schedule of rates is fixed and established as the rates to be collected by Azusa Light & Water for supplying water to its customers within the certificated service territories of the City of Azusa: A. METER SERVICE CHARGE: The basic monthly meter service charge for water supplied to domestic, commercial, industrial, and municipal customers of Azusa Light& Water shall be as follows: Service Size Monthly Charge 5/8"—%" $11.22 $11.56 1" 19.52 20.11 1.5" 35.85 36.93 2" 57.32 59.04 3" 109.21 112.49 4" 176.18 181.77 6" 310.92 320.25 8" 119.78 463.27 10" 5-8849 606.45 12" 735.83 757.90 EFFECTIVE 11/1/2005 Water Rate Schedule- 1 Water Rate Schedule (continued) B. COMMODITY CHARGE: The commodity charge is measured in increments of cubic feet. One cubic foot is 7.48 gallons of water. Each unit of water is billed as 100 cubic feet or 748 gallons. One hundred cubic feet is commonly referred to as CCF. Each meter size is allotted a quantity of water considered to be average for that size of service, units in excess of that allotment represents a heavier use of the facilities of the water system, and therefore are billed according to the commodity rate schedule. Service Size Units Rate (per CCF) 5/8"—3/4"— 1" 0-17 ccf $0.798 $0.822 > 17 ccf $4,26 $1.30 1.5"—2" 0-50 ccf $0.798 $0.822 > 50 ccf $4,26 $1.30 3"-4" 0-200 ccf $0.798 $0.822 >200 ccf $4,26 $1.30 6"— 12" 0-600 ccf $0.798 $0.822 >600 ccf $4,26 $1.30 Golf Course $0.98 $1.01 C. MINIMUM CHARGE: The minimum charge shall be the monthly meter service charge. D. FIRE SERVICE CHARGE: Fire service connections are provided for fire protection only. If a fire service is used for any purpose other than for fire fighting, a minimum charge of $56.69 $58.40 shall be assessed in addition to the commodity charge for the actual amount of water used. If a fire service customer uses a fire service for other than emergency fire fighting repeatedly, the customer, upon notice of the water utility manager, may be disconnected from service for violation of the intended use of a fire service connection. The Monthly Charge for such service shall be $7.91 $8.18 per pipe diameter-inch. EFFECTIVE 11/1/2005 Water Rate Schedule-2 Water Rate Schedule (continued) E. LIFELINE RATE: Upon written application to Azusa Light & Water, a water customer who meets the following standards is eligible for a $271-0 $2.20 discount from the basic monthly meter service charge. The Lifeline Rate may only be extended to City of Azusa residents. 1. The customer must be either: a. 62 years of age or older; or b. Disabled within the definition of 20 C.F.R. 404.1505 and presently is receiving disability Social Security benefits. 2. The customer must be a resident of a single-family dwelling unit with a water meter no larger than 3/4". 3. The customer shall have been a water customer at the service address for at least the previous 12 months prior to the application for the lifeline rate. 4. The customer's household income is at or below 60% of the Los Angeles County median income level. 5. Low-income customers who qualify for the lifeline rate shall re-apply every 12 months. F. SPECIAL ZONE RATE: The City of Azusa Light & Water has defined a special distribution zone rate to recover costs identified with the service associated with that specifically designated service area. For water supplied to this defined area, the charges shall be double the above applicable rates. The area was specifically designated through an agreement between the City of Irwindale and the City of Azusa, wherein, the City of Irwindale requested the City of Azusa extend its water utility service into the City of Irwindale in order to provide water service to those special customers in the City of Irwindale. This rate applies to water customers with accounts specially coded for that purpose. EFFECTIVE 11/1/2005 Water Rate Schedule-3 Water Rate Schedule (continued) G. MULTIPLE DWELLING UNIT CONNECTION RATE: If one meter connection serves two or more separate dwelling units, stores, shops or other concerns doing business separate and apart from each other, whether in the same building or not, the first unit is charged the basic meter service charge, billed by the meter size rate; all additional units, stores, shops or other concerns are billed at the lowest meter service charge rate above. H. REPLACEMENT WATER COST ADJUSTMENT FACTOR(RWCAF): The Replacement Water Cost Adjustment Factor has been established to recover the costs of imported water required to fulfill the water systems requirements under the judgment of the adjudication of the Main San Gabriel Basin Watermaster. Each year in May the Main San Gabriel Basin Watermaster recommends to the Superior Courts of California the adoption of a basin safe yield. Said safe yield fluctuates annually from a historic low of 140,000 acre feet of allowable extraction to a historic high of 230,000 acre feet of extraction. This variable results in fluctuations of purchased imported water requirements for the City of Azusa. When the safe yield is high, the RWCAF is reduced, and when the safe yield is low the RWCAF is set higher. The Azusa Light & Water shall determine the RWCAF pursuant to the following methodology prior to the beginning of each year for the City of Azusa's water system. The Director of Utilities shall notify the City Council of the new RWCAF. It shall be applied to all water bills beginning the first billing cycle of the new fiscal year. 1. Determine Azusa's Integrated Production Rights (R) for the following fiscal year based on the Safe Yield declared by the Main San Gabriel Basin Watermaster in the spring of each year. 2. Project Azusa's total water production (P) based on estimated sales (S) in units (CCF) of water, for the following year. 3. Derive the amount of Replacement Water (W) required by subtracting (R) from(P). 4. Derive costs ($) associated with (W) from the Main San Gabriel Basin j Watermaster which include replacement water costs from the responsible agencies, administrative charges and in lieu fees. 5. Derive RWCAF by dividing($) by (S). 6. If the RWCAF is less than $0.01/CCF, then apply $0.01/CCF commencing in July until the month ($) is attained, than discontinue the charge. EFFECTIVE 11/1/2005 Water Rate Schedule-4 Water Rate Schedule (continued) Nothing in this section is meant to preclude the Director of Utilities from practicing sound ground water management activities. Each year the RWCAF is set independent from cyclic storage and conjunctive use of ground water which is managed separately, and for the benefit of the public utility. I. WATER SYSTEM DEVELOPMENT FEE: The City of Azusa adopted an Ordinance in 1988 creating a Water System Development Fee. The City Council determined that future development within the water system service area would result in increased demands that would exceed the capacity of the existing water system. The Water System Development Fee was created to fund the cost of the future water system improvements and is imposed upon future development within the water system service area. Land Use Category Development Acres $ Per Acre $Per Unity/SF/AC Residential Single-Family 620 $8,903.00 $1,483.90/Unit Residential Multi-Family 38 $15,207.00 $950.45/Unit Commercial-Low 958 $6,824.00 $0.68/SF Industrial 667 $7,344.00 $0.29/SF School 8.7 $5,751.00 $5,751.00/AC Park 184 $2,632.00 $2,632.00/AC J. WATER SYSTEM ANNEXATION FEE: The City of Azusa adopted an Ordinance in 1996 creating a Water System Annexation Fee to allow properties outside the existing service area to be served by the existing water system. Land Use Category Development Acres $ Per Acre $ Per Unity/SF/AC Residential Single-Family 620 $3,879.00 $646.57/Unit Residential Multi-Family 38 $6,626.00 $414.13/Unit Commercial-Low 958 $2,973.00 $0.29/SF Industrial 667 $3,200.00 $0.12/SF Park 184 $1,147.00 $1,147.00/AC School 8.7 $2,506.00 $2,506.00/AC K. CHARGES FOR OUTSIDE CITY LIMITS: For water supplied by Azusa Light & Water for use outside the incorporated limits of the City, the Charges shall be double the applicable rates within the incorporated limits of the City. EFFECTIVE 11/1/2005 Water Rate Schedule-5 Water Rate Schedule (continue) L. FIRE SERVICE INSTALLATION CHARGE: Estimated fire service connection charges, including Double Detector Check for installation of fire protection laterals, includes labor, overhead, equipment and materials. The City will be responsible for installation of Double Detector Check assembly. In the event the estimated charge is more than the actual cost of installation, the applicant will receive a refund. If the deposit is less than the actual installation cost, the applicant will be billed for additional charges. Lateral Size Total Deposit 10" x 6" $ 6,800 10" x 8" $ 7,900 12" x 6" $ 8,600 12" x 8" $ 8,600 10" x 10" $10,000 M. FIRE HYDRANT INSTALLATION CHARGE: Estimated fire hydrant installation charge for installing fire hydrants will include labor, overhead,materials and equipment. In the event the estimated charge is more than the actual cost of installation, the applicant will receive a refund. If the deposit is less than the actual installation cost, the applicant will be billed for additional charges. Materials/Labor Total Deposit 12"Main or less $5,000 EFFECTIVE 11/1/2005 Water Rate Schedule-6 Water Rate Schedule (continued) N. DOMESTIC METER INSTALLATION CHARGE: Charges for installation of meters include labor, equipment and materials and overhead. An estimate of installation charges will be determined by the Utility and a deposit in that amount will be required prior to commencement of installation. In the event the estimated charge is more than the actual cost of installation,the applicant will receive a refund. Should the deposit be less than the actual installation cost,the applicant will be billed for the additional charges. 0. RESIDENTIAL SERVICE WITH FIRE SPRINKLER SYSTEM: The following three rate components shall be applied to residential properties that are required to have fire sprinkler systems,where such properties: (1)have lot sizes less than one-quarter of an acre (10,890 square feet); and(2)have an actual meter service that is larger than 1". Monthly Charge 1. Meter Charge: $19.52 $20.11 2. Commodity Charge: Units (ccf 100 cubic feet) Rate (per ccf) 0-17 ccf $0.798 $0.822 >17 ccf $4,26 $1.30 3. Fire Service Charge: $7.94 $8.18 per pipe diameter inch EFFECTIVE 11/1/2005 Water Rate Schedule-7