R-321
RESOLUTION NO. 321 (R.A.S.)
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF SANTA MONICA, CALIFORNIA, ADOPTING GUIDELINES
AND PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970 AND THE REGULATIONS
OF THE STATE RESOURCES AGENCY.
WHEREAS, the Redevelopment Agency is required to adopt guidelines
and procedures for implementation of the Cal ifornia Environrrental Qual ity
Act of 1970 and the regulations of the State Resources Agency adopted
pursuant thereto.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF SANTA
MONICA, CALIFORNIA, hereby approves and adopts the guidelines and
procedures for implementation of the Cal ifornia Environmental Quality
Act of 1970 and the regulations of the State Resources Agency adopted
pursuant thereto, which Redevelopment AgeAcy guidelines and procedures
are attached hereto labeled Exhibit "A" and incorporated herein by
this reference.
ADOPTED AND APPROVED THIS 24TH DAY OF
APRIL
, 1974.
/J:-::_/.
\C~)'- "{,S2y' ('J-o-v'-fYL----- .
Clo Ho6ver
Chairman
I hereby certify that the foregoing Resolution was duly adopted
by the Redevelopment Agency of the City of Santa Monica, California,
at an adj. special meeting thereof, held on the 24th day of April
1974, by the following vote of the Agency Members:
AYES:
NOES:
ABSENT:
MEMBERS: Hoover, Judson, Lawson, McCloskey Swink, Trives, van den
MEMBERS: None Steenhoven
MEMBERS: None
Approved as to legal form
and adequacy.
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EXHIBIT"A". ;1
/r
REDEVELOPMENT AGENCY OF THE CITY OF
SANTA MONICA, CALIFORNIA
PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970 AND THE
REGULATIONS OF THE CALIFORNIA RESOURCES AGENCY
Adopted: Apri I 24, 1974
IV.
1.
II.
[5 100]
A.
Ui 101]
[5 102]
[5 103]
(
TABLE OF CONTENTS
GENERAL ---------------------------------
Purpose ----------------------------
Lead Agency ------------------------
Redevelopment project is a
Single Project ---------------------
Authority --------------------------
DEFINITIONS -----------------------------
Project ----------------------------
Environment ------------------------
Significant Effect -----------------
EIR --------------------------------
Initial Study ----------------------
Subsequent EIR ---------------------
Negative Declaration ---------------
Notice of Completion ---------------
Notice of Determination ------------
Notice of Finding of the
Negative Declaration ---------------
III.
[5 300] EVALUATION OF SIGNIFICfu~T ADVERSE
I~WACT OF PROJECT ON ENVIRONMENT --------
B.
A.
B.
C.
D.
[5 104]
[2; 200]
A.
[5 201]
Ui 202]
[5 203J
[5 204J
[~ 205]
[5 206J
[5 207]
[5 208]
[5 209J
[5 210J
B.
C.
D.
E.
F.
G.
H.
I.
J.
A.
[~ 301]
[5 302]
[5 400]
Ui 401J
Criteria for Determining Signifi-
cant Adverse Environmental Impact
Mandatory Findings of Significance -
PROCEDURES FOR PREPARATION AND ADOPTION
OF EIR FOR NEh' REDEVELOPMENT PROJECTS ---
General ----------------------------
PAGE
1
1
1
1
2
2
2
2
2
2
2
3
3
3
3
3
3
3
5
6
6
B.
(
[5 402)
1.
[5 403)
[5 404)
[~ 405)
[5 406]
[5 407]
[5 408]
[5 409)
PAGE
Preparation and Adoption of EIR ------ 6
Draft EIR ----------------------- 6
Notice of Completion ------------ 6
Consultation -------------------- 6
Public Hearing ------------------ 6
Final EIR ----------------------- 7
Notice of Determination --------- 7
State of Overriding
Considerations--Redevelopment
Plan ---------------------------- 7
v. [5 500] SUBSEQUENT EIR'S OR NEGATIVE DECLARATIONS
FOR PROPOSED PLAN ill1END~mNTS OR SUBSTAN-
TIAL CHANGES IN PLAN IMPLEMENTATION ------- 8
2.
3.
4.
5.
6.
7.
A. [5 501) When to Prepare Subsequent EIR ------- 8
B. [5 502] Procedures for Preparation and
Adoption of Negative Declarations
or Subsequent EIR's ------------------ 8
1.
[5 503}
[5 504]
2.
a.
b.
c.
d.
3.
[5 5091
a.
Initial Study ------------------ 8
Negative Declaration ----------- 9
[5 5051
Filing of Negative
Declaration --------------- 9
u; 506J
Public Hearing and
Notice -------------------- 9
[5 507]
[5 508)
Agency Board Action ------- 9
Notice of Determination
10
Subsequent Draft EIR -
Plan Amendment ----------------- 10
[5 5101
Notice of Completion ------ 10
- ii -
b.
[5 511J
[5 512]
c.
4.
[5 513]
5.
6.
[5 514]
[5 515]
c.
[5 516]
Subsequent EIR's for Substantial
Changes in Plan Implementation -----~- 12
PAGE
Consultation --------------- 11
Public Hearing ------------- 11
Subsequent Final EIR - Plan
Amendment ----------------------- 11
Notice of Determination --------- 11
Statement of Overriding
Considerations--Plan
Amendments ---------------------- 12
VI. U;; 600] CONTENTS OF EIR --------------------------- 13
A. [5 601] Draft EIR for a Project -------------- 13,
l. [5 602] Description of Project ---------- 13
2. (5 603] Description of Environmental
Setting ------------------------- 13
3. [5 604] Environmental Impact ----....------- 14
a.
[5 605]
b.
[5 606]
c.
[5 607]
d.
[5 608J
e.
[5 609]
- iii -
The Environmental Impact
of the Project ------------- 14
Any Adverse Environmental
Effects Which Cannot be
Avoided if the Plan is
Adopted -------------------- 14
Mitigation Measures Proposed
to Hinimize the Impact 15
Alternatives to the
project -------------------- 15
The Relationship BehJeen
Local Short-Term Uses of
Hanls Environment and the
Maintenance and Enhancement
of Long-Term Productivity -- 15
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f.
[5 610J
Any Irreversible Environ-
mental Changes Which Would
be Involved in the Plan
Should it be Adopted -------
g.
[5 611J
The Growth-Inducing
Impact of the Plan ---------
4. [5 612J Organizations and Persons
Consulted -----------------------
5. [5 613J Water Quality Aspects -----------
B. [5 614J Final EIR for a Project -------------....--
VII. (5 700] FEDERAL PROJECTS -------------------------- 17
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PAGE
15
16
16
16
16
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PROCEDURES FOR HIPLJ.::fv1ENTATION OF THE CALIFORL'HA
ENVIRONHENTAL QUALH'Y ACT OF 1970 Ai'iD '.i'HE
REGULATIONS OF THE CALIFORNIA RESOURCES AGENCY
A.
[~ 100 J
[~ 101]
GENERAL
1.
Purpose
The purpose of these Procedures is to implement the
California Environmental Quality Act of 1970, as amended
("CEQA") and the Guidelines certified and prescribed by the
Secretary of the Resources Agency of the State of California
and contained in Division 6, Title 14 of the California
Administrative Code ("Regulations"), and to provide the Re-
development Agency ("Agency") with principles, objections,
criteria, and procedures to be used in the adoption, amend-
ment, and implementation of redevelopment plans ("Plan") as
prescribed by Section 33352 of the California Health and
Safety Code, Section 21151 of the California Public Resources
Code, and Section 15061 of the Regulations.
B.
u; 102]
Lead Agency
In the adoption, amendment, and implementation of rede-
velopmen t plans pursuant to the California COH4'Uuni ty Rede-
velopment Law (Health and Safety Code, Section 33000 et seg.),
the Redevelopment Agency is the "lead agency", as that term
is defined and described in Sections 15030, 15064, 15065, and
15066 of the Regulations) and is therefore responsible for
the impleme~tation of and compliance with the provisions of
the CEQA and the Regulations in such adoption, amendment, and
implementation of redevelopment plans.
C.
u; 103]
Redevelopment Project is a
Single Project
As prescribed by Section 21090 of the Public Resources
Code and Section 15061(e) of the Regulations, all public and
private activities or undertakings pursuant to or in further-
ance of a redevelopment plan shall be deemed a single project,
and the preparation and adoption of an Environmental Impact
Report ("EIR") for that redevelopment project shall preclude
the prepara'tion and adoption of furt11er and Subsequent
Environmental Impact Reports, Negative Declarations, or other
determinations by the Agency Board and/or City Council with
respect to the environment for any public and/or private
/
/
activities or undertakings pursuant thereto or in further-
ance thereof, except as otherwise required by these
Procedures.
D.
[5 104]
Authori ty
~~se Procedures have been adopted by resolution of the
Redevelopment Agency pursuant to Section 21082 of the
California Public Resources Code and Section 15014 of the
Regulations, and are consistent with CEQA and the Regulations.
II.
[5 200]
DEFIlUTIONS
Whenever the following terms are used in these Proce-
dures, unless otherwise defined, such terms shall have the
meaning ascribed to them in this Part 200.
A.
[5 201]
Project
Project means a Redevelopment project being carried out
by the Agency pursuant to the California Community Redevelop-
ment Law.
B.
[5 202]
Environment
Environment means the physical conditions which exist
wi thin the area \'1hich \ViII be affected by a proposed Project
including land, air, water, minerals, flora, fauna, ambient
noise, objects of historic or aesthetic significance.
C.
[5 203]
Significant Effect
Significant effect means a substantial adverse impact
on the environment.
D.
[5 204]
EIR
EIR means the Environmental Impact Report prepared pur-
suant to these Procedures and CEQA, "'ll1ich is a detailed
statement setting forth the environmental effects and consi-
derations pertaining to a Project.
E.
[5 205]
Initial Study
Initial study means a preliminary analysis prepared by
the Agency to determine whether a Subsequent EIR or a
Negative Declaration must be prepared.
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F.
[5 206]
Subsequent EIR
Subsequent EIR means the preparation and adoption of
an additional EIR because of substantial changes proposed
to be made in a Plan or implementation of a Plan which in-
volves environmental impacts not considered in the original
EIR which was prepared and adopted for a Project.
G.
[5 207]
Negative Declaration
Negative Declaration means the statement prepared by
the Agency that finds that a proposed amendment to a Rede-
velopment Plan, if approved and adopted, will not have a
significant effect on the environment and which includes a
brief statement of reasons to support the findings and a
brief description of the proposed amendment.
H.
[5 208]
Notice of Completion
Notice of Completion means the statement filed with the
Secretary of the Resources Agency of the State at such time
as the Draft EIR is completed setting forth a brief descrip-
tion of the project, its proposed location, and the address
where copies of the Draft EIR are available.
I.
[5 209]
Notice of Determination
Notice of Determination means the statement filed with
the County Clerk within a reasonable time after the City
Council adopts or amends a Redevelopment Plan which gives
notice that the Agency will carry out a Project which is
subject to the requirements of CEQA.
J.
[5 210]
Notice of Finding of the
Negative Declaration
Notice of Finding of the Negative Declaration means the
statement filed with the County Clerk at such time after the
Negative Declaration has been prepared by the Agency.
III. [5 300] EVALUATION OF SIGNIFICANT ADVERSE IMPACT
OF PROJECT ON ENVIRONMENT
A.
[5 301]
Criteria for Determining Significant
Adverse Environmental Impact
The determination of whether a Project may have signi-
ficant adverse effect on the environment shall be based on
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scientific and factual data and shall reflect upon the
nature and significance of the activities proposed in the
Plan. In making its determination of the significant
effect of the project, the Agency staff shall use the fol-
lowing guidelines:
1. If it is anticipated that there is or
may be a substantial body of opinion
that considers a particular effect of
the Project to be adverse in an environ-
mental sense, the Agency staff shall
prepare a Draft EIR to explore the en-
vironmental effects involved.
2. In evaluating .the significance of the
environmental effect of the Project
Agency staff shall consider both primary
and secondary consequences. Primary
consequences are immediately related to
the Project, while secondary consequences
are related more to or occasioned by the
primary consequences than to the project
itself. An impact upon the resource base
(including land, air, water, and energy
use) of the area in question ,vhich may
result from the population growth is an
example of a secondary consequence.
3. Some examples of consequences which may
have a significant effect on the environ-
ment in connection with most projects
whe~e they occur, include the following:
(al The Plan is in conflict with environ-
mental plans and goals that have been
adopted by the City;
(b) The Project will have a substantial
and demonstrable negative aesthetic
effect;
(c) The Project will substantially affect
a rare or endangered species;
(d) The Project will breach any published
national, state, or local standards
relating to solid waste or litter
control;
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(e) The Project will cause substantial
interference with the movement of
any resident or migratory fish or
wildlife species;
(f) The Project will result in a substan-
tial detrimental effect on air or
water quality, or on ambient noise
levels for adjoining areas;
(g) The Project will involve the possi-
bility of contaminating a public
water supply system or adversely
affecting ground water;
(h) The Project could cause substantial
flooding, erosion, or siltation;
(i) The Project could expose people or
structures to major geological
hazards.
B.
[~ 302]
Mandatory Findings of Significance
In every case where any of the following conditions are
found to exist as a result of the Project, such Project will
be deemed to have a significant effect on the environment:
1. Impacts which have the potential to de-
grade the quality of the environment or
curtail the range of the environment.
2. Impacts which achieve short-term, to
the disadvantage of long-term, environ-
mental goals. A short-term impact on
the environment is one which occurs in
a relatively brief, definitive period
of time while long-term impacts will en-
dure well into the future.
3. Impacts \vhich are individually limited,
but cumulatively considerable. The
Project may impact on two or more
separate resources Vlhere the impact on
each resource is relatively small." If
the effect of the total of these impacts
on the environment is significant, an
EIR must be prepared.
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4. The environmental effects or the Project
will cause substantial adverse effects
on human beings, either directly or
indirectly.
IV.
[~ 400]
PROCEDURES FOB PREPARATION AND ADOPTION
OF EIR FOR NEW REDEVELOPMENT PROJECTS
A.
[~ "401]
General
An EIR shall be prepared as part of the Report on the
proposed Plan required to be submitted by the Agency to the
City Council for any Plan on which a public hearing is set
on or after the date of adoption of these Procedures.
B.
[~ 402J
Preparation and Adoption of ErR
1.
[~ 403]
Draft ErR
A Draft EIR shall be prepared at the time the Agency
staff is preparing the Plan. The Draft EIR shall conform to
and contain the information specified in Sections 601 through
613. Before completing the Draft EIR, the Agency shall
consult directly with any person or organization it believes
will be concerned ivi th the environmental effects of the
Project.
2.
[~ 404)
Notice of Completion
Prior to presenting the Draft EIR to the Agency Board
for action, the Agency staff shall file a Notice of Comple-
tion with the Secretary of the Resources Agency of the State.
3.
[~ 405]
Consultation
The Agency staff shall transmit copies of the Draft ErR
to and shall consult with and obtain comments on the Draft
EIR from those public agencies which have jurisdiction by
law with respect to the Project. In additiont Agency staff
may consult \.,i th persons or agencies w"hich have special exper-
tise concerning the environmental impact of the Project. If
any agency or person who is consulted with regard to a Draft
EIR fails to comment within 30 days after receipt of a writ-
ten request from the Agency to do so, it shall be assumed,
absent a request for a specific extension of time, that such
agency or person has no comment to make.
4.
[f} 406]
Publi c Hearin5!
Any hearing on a proposed Plan, which may be a joint
" hearing on the Plan by the Agency Board and the City Council,
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shall also be a public hearing on the Draft EIR and all
comments received thereon and responses of the Agency
thereto. The Notice of Public Hearing on the proposed Plan
shall refer to the availability of the Draft EIR and the
public hearing to be held on the Draft EIR.
5.
[~ 407]
Final EIR
The Final EIR shall consist of the Draft EIR; comments
received from those agencies or persons consulted or who
othenqise commented on the Draft EIR either at the public
hearing or by written communication to the Agency; the re-
sponses of the Agency to any significant environmental points
raised in those comments; and the certification of the Agency
that the ErR has been completed in compliance with CEQA, the
Regulations, and these Procedures, and that the Agency Board
has reviewed and considered the information contained in the
ErR. The Final EIR shall be adopted by the Agency Board
prior to City Council action on the Plan. The City Council
shall adopt the EIR prior to or concurrently with its adop-
tion of the Plan.
6.
[~ 408 J
Notice of Determination
After the City Council has approved and adopted the
Plan, a Notice of Determination shall be filed with the Clerk
of the County. The Notice of Determination shall include (I)
the action of the City Council in approving and adopting the
Redevelopment Plan, (2) the determination of the Agency and
Ci ty Council \'lhether the Project will or will not have a
significant effect on the environmentt (3) a statement that an
EIR has been prepared pursuant to the provisions of CEQA for
the Project, and adopted by the Agency Board and the City
Council.
7.
[~ 409J
Statement of Overriding
Considerations--Redevelopment
Plan
In the event the Agency and the City Council approve and
adopt a Redevelopment Plan for which serious adverse environ-
mental consequences have been identified in an ErR, the Agency
may make statements identifying the other interests that
warranted approval in its point of view. If such statements
are made, they should be included in the record of the appro-
val of the Plan and may be attached to the Notice of
Determina tion.
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V.
[~ 500]
SUBSEQUENT EIR'S OR NEGATIVE DECLARATIONS
FOR PROPOSED PLAN AMENDMENTS OR SUBSTANTIAL
CHANGES IN PLAN IMPLEMENTATION
A.
[~ 501]
Hhen to Prepare Subsequent EIR
Where an EIR has been prepared and adopted, a Subsequent
EIR need not be prepared and adopted unless:
(1) Substantial changes are proposed to be
made to the Plan which will require
major revisions of the EIR due to the
involvement of new environmental im-
pacts not considered in the previous
EIR.
(2) There are substantial changes with
respect to the circumstances under
which the Plan is to be implemented
which will require major revisions in
the EIR due to the involvement of new
environmental impacts not covered in
the previous EIR.
B.
[~ 502]
Procedures for Preparation and
Adoption of Negative Declarations
or Subsequent EIR's
1.
[~ 503J
Initial Study
Prior to holding a public hearing on a proposed amend-
ment to the Plan, the Agency staff shall conduct an Initial
Study to determine if the proposed amendment may have a signi-
ficant effect on the environment. The Agency's findings shall
be made in the form of a written report. Such study shall be
made in accordance with the criteria set forth in Sections 301
and 302. The Initial Study shall also cons ider \vhether or not
the proposed amendment to the Plan requires the preparation
and adoption of a Subsequent EIR or the preparation of a
Negative Declaration.
If the Agency staff finds that any of the effects of the
proposed amendment may have a substantial adverse impact on
the environment (regardless of whether the overall effect of
the proposed amendment is beneficial), or finds that a Subse-
quent EIR is required, then the Agency staff shall prepare a
Draft EIR for the proposed amendment to the Plan. If the
Agency staff finds that there is no substantial adverse im-
pact on the environment as a result of the proposed amendment,
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or if a Subsequent EIR is not required, then the Agency staff
shall prepare a Negative Declaration for the proposed amendment.
2.
[~ 504]
Negative Declaration
The Negative Declaraticin shall be prepared by the Agency
staff for a proposed amendment to the Plan where required
pursuant to Section 503. The Negative Declaration shall be
prepared prior to any public hearing on the proposed amend-
ment and shall be part of the report and recommendations on
the proposed amendment to the Plan required to be submitted
by the Agency to the City Council. The Negative Declaration
shall include a brief description of the proposed amendment.
to the Plan, a finding that the proposed amendment will not
have a significant effect on the environment, a brief state-
ment of reasons supporting the finding, and a statement indi-
cating who prepared the Initial Study and where a copy of it
may be obtained.
The procedure for the preparation and adoption of the
Negative Declaration shall be as set forth below.
a.
[~ 505J
Filing of Negative
Declaration
The Executive Director is authorized to execute such
Negative Declaration and shall then place copies of the
Negative Declaration on file in the office of the Agency
not less than 21 days prior to a public hearing on the pro-
posed amendment to the Plan.
b.
[~ 506]
Public Hearing and Notice
A public hearing is not required on a Negative Declara-
tion, however, the notice of public hearing on the proposed
amendment shall include reference to the finding and avail-
ability to the public of the Negative Declaration.
The public hearing, which may be a joint public hearing
by the Agency Board and the City Council, on the proposed
amendment to the Plan, may include a public hearing on the
Negative Declaration. In the event a public hearing is to
be held on the Negative Declaration, the notice of public
hearing on the proposed amendment shall include reference to
the finding of the Negative Declaration, the availability of
the Negative Declaration, and the public hearing to be held
on the Negative Declaration.
c.
[~ 507]
Agency Board Action
The finding of the Negative Declaration shall be approved
or disapproved by the Agency Board prior to the City Council
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action on the proposed amendment to the Plan. In the event
the Agency Board disapproves the finding of the Negative De-
claration, the Agency staff shall prepare a Draft ErR and any
public hearing on the proposed amendment to the Plan shall be
postponed or continued to a date at least 21 days following
the filing of the Notice of Completion pursuant to Section
510. No amendment to a Plan shall be approved and adopted by
the City Council unless and until a Negative Declaration or
Subsequent EIR is adopted by the Agency Board.
d. [5 508] Notice of Determination
After Agency Board approval of the finding of the Nega-
tive Declaration and City Council action on the proposed
amendment to the Plan, a Notice of Determination (with a
copy of Negative Declaration attached) shall be filed with
the County Clerk. The Notice of Determination shall include
the determination by the Agency and the City Council that
the amendment to the Plan will not have a significant effect
on the environment, that the amendment has been approved or
disapproved by the City Council, and that no Subsequent EIR
has been prepared.
3.
[~ 509]
Subsequent Draft EIR -
Plan Amendment
The Draft EIR shall be prepared by the Agency staff for
a proposed amendment to the Plan, where required pursuant to
Section 503 or Section 507. Before completion of the Draft
ErR, the Agency shall consult directly with any person or
organization it believes will be concerned with the environ-
mental effects of the Project.
If required pursuant to Section 503, the Draft EIR shall
be prepared by the Agency staff prior to any public hearing
on the proposed amendment. If required pursuant to Section
507, the Draft EIR shall be prepared by the Agency staff as
soon as possible following Agency Board disapproval of the
finding of the Negative Declaration. In either case, the
Draft ErR shall be part of the report and recommendations on
the proposed amendment to the Plan required to be submitted
by the Agency to the City Council.
The Draft ErR shall be written in accordance with the
criteria set forth in Sections 301 and 302 and shall contain
the information specified in Sections 600 through 614. The
procedure for the preparation and adoption of the Draft ErR
is set forth below.
a. [~510] Notice of Completion
Not less than 30 days prior to a public hearing or con-
tinued public hearing on the proposed amendment to the Plan,
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the Agency staff shall file a Notice of Completion with the
Secretary of the Resources Agency of the State.
b.
[~ 511]
Consultation
The Agency staff shall consult with agencies and persons
in the manner provided in Section 405; except that if any
such agency or person shall fail to comment within 21 days
after receipt of a written request from the Agency to do so,
it shall be assumed, absent a request for a specific exten-
sion of time, that such agency or person has no comment to
make.
c.
[~ 512J
Public Hearing
Any hearing or continued hearing pursuant to Section 505
on the proposed amendment to the Plan, which may be a joint
public hearing on the proposed amendment by the Agency Board
and the City Council, shall also be a public hearing on the
Subsequent Draft EIR, all comments received thereon and
responses by the Agency thereto. The Notice of Public Hear-
ing on the proposed amendment to the Plan shall refer to the
availability of the Draft EIR and the public hearing to be
held on the Draft EIR.
4.
[~ 513 J
Subsequent Final EIR - Plan
Amendment
The Final EIR shall consist of the Draft EIR; comments
received from those agencies or persons consulted or who
otherwise commented on the Draft EIR either at the public
hearing or by written communication to the Agency; the re-
sponse of the Agency to ~ny significant environmental points
raised in those comments; and the certification of the Agency
that the EIR has been completed in compliance ...Ii th CEQA, the
Regulations, and these procedures and that the Agency Board
has reviewed and considered the information contained in the
EIR. The Final EIR shall be adopted by the Agency Board
prior to City Council action on the proposed amendment to the
Plan. The City Council shall adopt the Final EIR prior to or
concurrently with its adoption of the proposed amendment to
the Plan.
5.
[~ 514 J
Notice of Determination
After the City Council has approved and adopted the
amendment to the Plan, a Notice of Determination shall be
filed ,'lith the Clerk of the County. The Notice of Determina-
tion shall include the determination of the Agency and the
City Council whether the amendment to the Plan will or will
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not have a significant effect on the environment, the fact
that an Subsequent EIR has been prepared, the adoption of
the Subsequent EIR by the Agency Board the City Council,
and the action by the City Council in approving and adopt-
ing the amendment to the Plan.
6.
[5 S17]
Statement of Overriding
Considerations-',
In the event the Agency and the City Council approve and
adopt an amendment to a Plan for which serious adverse en-
vironmental consequences have been. identified in the Subse-
quent EIR, the Agency may make statements identifying other
interests that warranted approval from its point of view.
If such statements are made, they should be included in the
record of approval of the amendment to the Plan and may be
attached to the Notice of Determination.
Subsequent EIR's for Substantial
Changes in Plan Implementation
C.
[5 516]
If the Agency proposes to execute or approve any con-
tracts for site improvement! "disposition and development
agreement, parti.cipation agreement or any other document
which would result in substantial changes in the environ-
mental impacts anticipated and covered in the original EIR,
a Subsequent EIR shall be prepared pursuant to the proce-
dures set forth in Sections 502-515 hereof for Plan Amendments.
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VI.
[~ 600J
CONTENTS OF EIR
A.
[~ 601J
Draft EIR ~or a Project
The Draft EIR for a Project shall contain the following
information:
l. Description of Project
2. Description of Environmental Setting
3. Environmental Impact
4. Organizatio~s and Persons Consulted
5. Water Quality Aspects
1.
[~ 602]
Description of Project
The description of the Project shall contain the follow-
ing information but should not supply extensive detail beyond
that needed for evaluation and review of the environmental
impact.
(a) The precise location and boundaries of
the Project area shall be shown on a
detailed map, preferably topographic.
The Project area shall also be shown
on a regional map.
(b) A statement of the objectives sought
in the Plan.
(el A general description of "the Project's
technical, economic, and environmental
characteristics, considering the prin-
cipal engineering proposals and support-
ing public service facilities.
Description of Environmental
Setting
2.
[5 603]
An EIR must include a description of the environment in
the Project area and in the vicinity of the Project, as it "
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exists before commencement of the Project, from both a
local and regional perspective. Knowledge of the regional
setting is critical to the assessment of environmental im-
pacts. Special emphasis should be placed on environmental
resources tllat are rare or unique to that region. Specific
reference to related projects, both public and private!
both existent and planned, in the region should also be in-
cluded for purposes of examining the possible cumulative
impact on such projects.
Environmental Impa~t
All phases of the Project must be considered when evalu-
ating its impact on the environment: planning, acquisition,
relocation, demolition and site clearance, construction of
public improvements, development, and operation. The follow-
ing subjects shall be discussed, preferably in separate sec-
tions or paragraphs.
3.
[f} 604]
a.
[5 605]
The Environmental Impact
of the Project
Describe the direct and indirect impacts of the Project
on the environment, giving due consideration to both the
short-term and long-term effects.
It should include specifics of the area, the resources
involved, physical changes, alterations to ecological systems
and changes induced in population distribution, population
concentration, the human use of the land (including commer-
cial and residential development) and other aspects of the
resource base such as water, scenic quality, and public
services.
b.
[~ 606]
Any Adverse Environmental
Effects I'lhich Cannot be Avoided
l-f the Plan is Adopted
Describe any adverse impacts, including those \.,hich can
be reduced to an insignificant level but not eliminated.
Where there are impacts that cannot be alleviated without im-
posing an alternative design, their implications and the
reasons \vhy the Project is being proposed, notwithstanding
impacts, their effect should be described. Do not neglect
impacts on any aesthetically valuable surroundings, or on
human health.
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c.
[5 607]
~itigation Measures Proposed
to Minimize the Impact
Describe any mitigation measures written into the Plan
to reduce significant environmentally adverse impacts to in-
significant levels and the basis for considering those levels
acceptable. Where a particular mitigation measure has been
chosen from among several alternatives, the alternatives
shall be discussed and reasons shall be given for the choice
made.
d.
[~ 608]
Alternatives to the Project
Describe any known alternatives to the Project, or to
the location of the Project, which could feasibly attain the
basic objectives of the Plan and why they were rejected in
favor of the ultimate choice. The specific alternative of
"no project" must also always be evaluated, along with the
impact. Attention should be paid to alternatives capable of
substantially reducing or eliminating any environmentally
adverse impacts, even if these alternatives substantially
impede the attainment of the Plan objectives, and are more
costly.
e.
[~ 609]
The Relationship Between Local
~hort-Term Uses of Man's
EiiVironment and t.he l1aintenance
and Enhancement of Long-Term
Productivity
Describe the cumulative and long-term effects of the
Plan which adversely affect the state of the environment.
Special attention should be given to impacts which narrow
the range of beneficial uses of the environment or propose
long-term risks to health and safety. In addition, the
reasons why the proposed Project is believed by the Agency
to be justified now, rather than reserving an option for fur-
ther alternatives, should be explained.
f.
[5 610]
Any Irreversible Environmental
Changes which Would be Involved
in the Plan Should it be Adopted
Uses of nonrenewable resources during the initial and
continued phases of the Project may be irreversible since a
large commitment of such resources makes removal or nonuse
thereafter likely. Primary impacts and, particularly, secon-
dary impacts (such as a highway improvement which provides
access to a nonaccessible area) generally corr~it future
- IS -
generations to similar uses. Also irreversible damage can
result from environmental accidents associated with the
Project. Irretrievable commitments of resources should be
evaluated to assure that such current consumption is
justified.
g.
[~ 611]
The Growth-Inducing Impact
of the Plan
Discuss the ways in which the Plan for the Project
could foster economic or population growth, either directly
or indirectly, in the surrounding environment. Included in
this are projects which would remove obstacles to population
growth, e.g., a major expansion of a waste water treatment
plant might allow for mor~ construction in service areas.
Increases in the population may further tax existing communi-
ty service facilities so consideration must be given to this
impact. Also discuss the characteristics of some projects
which may encourage and facilitate other activities that
could significantly affect the environment, either indivi-
dually or cumulatively. It must not be assumed that growth
in any area is necessarily beneficial, detrimental, or of
little significance to the environment.
4.
[~ 612]
Organizations and Persons
Consulted
The identity of all federal, state, or local agencies,
other organizations and private individuals consulted in
preparing the Draft EIR, and the identity of the persons,
firm or agency preparing the Draft EIR, by contract or other
authorization must be given.
5.
[~ 613J
Water Quality Aspects
With respect to water quality aspects of the Plan which
have been previously certified by the appropriate state or
interstate organization as being in substantial compliance
with applicable water quality standards, reference to the
certification should be made.
Final EIR for a Project
B.
[~ 614]
The Final EIR shall consist of:
(1) The Draft ErR containing the elements
described above;
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(
(2) A section containing the comments re-
ceived through the consultation process
described in Section 405 either verbatim
or in summary;
(3) The response of the Agency to any signi-
ficant environmental points raised in
the review and consultation process.
The response of the Agency to comments received may take
the form of a revision of the Draft EIR or may be an attach-
ment to the Draft EIR. The response shall describe the dis-
position of significant environmental issues raised, e.g.,
revisions to the Plan to mitigate anticipated impacts or
objections. In particular, the major issues raised when the
Agency's position is at variance with recommendations and
objections raised in the comments must be addressed in detail
giving reasons why specific comments "and suggestions were not
accepted, and factors of overriding importance warranting an
override of the suggestions.
VII.
[5 700] FEDERAL PROJECTS
In cases where these Procedures require the preparation
of an EIR by the Agency and an Environmental Impact Statement
(" EIS ") has been or ~qill be prepared for the same proj ect pur-
suant to the requirements of the National Environmental Policy
Act ("NEPA") and the implementing regulations thereto, all or
any part of such EIS may be submitted in lieu of all or any
part of an EIR required by these Procedures; provided that the
EIS, or the part thereof so used, shall comply with the require-
ments of these Procedures.
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