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R 1032 ~ . , RESOLUTi ON NO. 1032 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF ARROYO GRANDE ESTABLISHING OBJECTIVES, CRITERIA, AND PROCEDURES FOR EVALUATION OF PROJECTS AND THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS FOR THE CITY OF ARROYO GRANDE. BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: WHEREAS the City Council hereby approves and adopts the procedures set out as the established objectives, criteria and procedures for the evaluation of projects and preparation of Environmental Impact Reports required by the Cal ifornia Environmental QuaJity Act of 1970, PubJic Resources Code, Sections 21000 - 21174 as amended by Chapter 1154 of the Statues of 1972 (AB 889). Implementation of the Act includes the orderly evaluation of projects and the preparation of Environ- mental Impact Reports, and these objectives, criteria and procedures shall supersede all previous environmental rules and regulations enacted by this Council, and WHEREAS the preservation and enhancement of the environment of the City is the responsibility of every citizen; and it is also the intent of the legislation that all agencies which regulate activities of private individuals, corporations and public agencies which may have affect on the quality of the environment shall regulate such projects so that consideration is given to preventing environmental damage, and WHEREAS, the California Legislature has declared that it shall be the policy to develop and maintain a high quality environment now and in the future, and take all action necessary to protect, rehabilitate, and enhance such environ- mental qual ity of this City and State, and take all action necessary to provide the people of this City and State with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise; and prevent the elimination of fish or wildlife species due to man's activities, insure that fish and wi Idl ife populations do not drop below self- perpetuating levels, and preserve for future generations representations of all plant and animal communities and examples of the major periods of California history; and ensure that the long-term protection of the environment shall be the guiding criterion in public decisions; create and maintain conditions under which man and nature can exist in productive harmony to fulfill the soc i a I and economic requirements of present and future generations; require governmental agenc ies at a II levels to develop standards and procedures necessary to protect environmental quality; require governmental agencies at all levels to consider qualitative factors as well as economic and technical factors and long-term benefits and costs, in addition to short-term benefits and costs and to consider alternatives to proposed actions affecting the environment, and WHEREAS, an Environmental Impact Report is an informational document which, when fully prepared in accordance with the CEQA and these GUidelines, wi 11 inform public decision-makers and the general public of the environmental effects of projects they propose to carry out or approve. The EIR process is intended to enable public agencies to evaluate a project to determine whether it may have a significant effect on the environment, examine and institute methods of reducing adverse impacts, and consider alternatives to the project as proposed. These things must be done prior to approval or disapproval of the project. An EIR may not be used as an instrument to rationalize approval of a project, nor do indications of adverse impact, as enunciated in an EIR, require that a project be disapproved -- public agencies retain existing authority to balance environmental objectives with economic and social objectives, and WHEREAS, the early preparation of an EIR is a useful planning tool to enable environmental constraints and opportunities to be considered before project plans are finalized. EIR's should be prepared as early in the planning process as possible to enable environmental considerations to influence project program or design. NOW, THEREFORE, BE IT RESOLVED that the City Council does adopt objectives, criteria and procedures as follows: ~ ART! CLE I. scopE OF APPLICATION These objectives, criteria, and procedures apply to any public activities, private activities partly funded by City agencies, or any private projects requiring a lease, permit, license, certificate or other entitlement fo,use which are under the jurisdiction of the City Council of the City of Arroyo Grande, except (a) activities which are not projects, as that word is de- fined herein; (b) emergency projects as set forth In Article 5; and (c) projects which are categorically exempt as listed in Appendix A hereto, All City agencies and employees and private persons seeking such approvals or entitlements shall comply with these requirements. These object,lves, criteria, and procedures do not apply to any of the aforementioned activities which are ministerial projects of the City Council of the City of Arroyo Grande or of any officer, agent or employee of the City of Arroyo Grande. A listing of ministerial projects is conta i ned in Append i x A hereto. ARTICLE 2, DEF I N IT IONS ~or~: The California Environmental Quality Act of 1970, found in Sections 21000-21174 of the Public Resources Code, as amended, App rova I : The decision by the Planning Commission or other City agency which commits the City to a definite course of action in regard to a project intended to be carried out by any person, The date of approval is the date such decision becomes effective under the ordinance or rules of the City. In connection with private activities, approval occurs upon the earliest commitment to issue or issuance by the Planning Commission or other City agency of a contract, binding agreement, lease, permit, license, certificate or other entitlement for use. Board: Planning Commission of the City of Arroyo Grande. Cateqorical ExemPtion: An exception from the requirement for the preparation of an environmental impact report for a class of projects based on a finding by the Secretary of Resources that the class of projects does not have a significant effect on the environment. Those classes of projects which are categorically exempt will be found in Appendix A hereto. City: City of Arroyo Grande. City Agency: Any agency, board or special district, or commission which is considered to be a part of or an adjunct to the City of Arroyo Grande government. It does not include state agencies, courts of the state, agencies of the federal government located within the legal boundaries of the City of Arroyo Grande. Contractor: A person with which the City contracts for the prepa- ration of EIR's required for private projects, Coordinator: A person designated by the planning Commission who makes environmental, impact recommendations and manages the review process for environmental impact reports. County: The County of San Luis Obispo, Cal ifornia,. County Aqency: Any agency, board or special district, or commission which is considered to be a part of or an adjunct to the San Luis Obispo County government. It does not include state agencies, courts of the state, agencies of the feder~1 government located within the legal boundaries of San Luis Obispo County. Oiscretlonary Project: An activity defined as a project which re- quires the exercise of judgement, deliberation, or decision on the part of the Planning Commission or any officer, agent or employee of the City of Arroyo Grande in approving a particular activity, -a- - Emergency: A sudden and catastrophic calamity caused by an occurrence or combination of occurrences of statewide or local impact, such as fire, flood, earthquake or other natural disaster, riot, war, accident or sabo- tage. Env I ronmen t: The physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. Environmental Impact Report (E IR): An informational document which, when its preparation is required under these procedures, shall be considered by any City agency responsible for approvaT of the project to which It relates. The purpose of an Environmental Impact Report is to provide detailed information about the effect which a proposed project is likely to have on the environment; to list ways in which any adverse effects of such a project might be wfnimlzed; and to suggest alternatives to such a project. (I) A Draft EIR is one containing a Description of Project, Description of Environmental Setting, and the tnvironmental Impact, as those topics are described in Article 9, Contents 2f the ~ (2) A Final EIR contains, In addition, a section for comments received in the consultative and hearing process and the response to those comments, as provided for herein. Lead Agency: Lead Agency means the public agency which has the princi- pal responsibility for carrying oUt or approving a project which may have a significant effect on the environment where more than one public agency is involved with the same underlying activity, Ministerial Projects: Those activities defined as projects which are undertaken or approved by a governmental decision which a City officer, agency, or employee makes upon a given state of facts in a prescribed manner In obedience to the mandate of legal authority. With these projects, the officer or agency must act upon the given facts without regard to any In- dividual judgment or opinion concerning the propriety or wisdom of the act, although the statute, ordinance or regulation may require, In some degree, a construction of Its language, Negative Declaration: A statement by the Planning Commission which finds that a project, although not categorically exempt, will not have a significant effect on the environment and therefore does not require an EIR. Notice of Completion: A brief report filed with the Secretary of Resources as soon as an agency has completed a draft EIR and Is prepared to send out copies for review. Notice of Determination: A brief notice to be filed by an agency with the County Clerk when a final decision Is made on a project which is subject to the requirements of the California Environmental Quality Act, Person: Any person, firm, association, organization, partnership, business, trust, corporation, company, district, county, city and county, city, town, the State, and any agency or political subdivision of such entities, Project: The whole of an action, resulting in physical impact on the environment, directly or utllmately, that is any of the following: (a) An activity directly undertaken by any City agency including but not limited to public works, construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption of local general plans or elements thereof. (b) An activity undertaken by a person which Is supported In whole or In part through City agency contracts, grants, subsidies, loans or other forms of assistance from one or more public agencies, -b- -------.---"- - (c) An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more City agencies, Project does not include: (a) Anything specifically exempted by state law. (b) Proposals for legislation to be enacted by the City Councrr, other than zoning ordinances or general plans. (c) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, emergency repairs to public service facilities, general policy and procedure making, except as they are applied to specific instances covered above, and feasibility or planning studies. (d) The submission of proposals to a vote of the People of the State or of a particular community. Si~nificant Effect: A substantial adverse impact on the environment, ARTICLE 3. GENERAL RESPONSIBILITIES City Council: It is the responsibility of the City Council of the City of Arroyo Grande to insure that all City departments, agencies, and employees comply with the requirements of CEQA and of the Secretary of Resources in accordance with the procedures contained herein. Whether the City prepares an EIR itself or contracts for its preparation, the City is responsible entr-rely for the adequacy and objectivity of the EIR, Multi-A~ency Projects: Where a project is to be carried out or approved by more than one agency, only one EIR or Negative Declaration shall be re- quired, and it will be prepared by the Lead Agency designated by the City Counci 1. ARTICLE 4. RETROACTIVE APPLICATION An uncompleted City project approved prior to November 23, 1970, shall not require an EIR or a Negative Declaration unless: (a) A substantial portion of public funds allocated for the project have not been spent, and the project may still be modified to mitigate adverse environmental effects or alternatives may be selected, including the alternative of "no project" or stopping the project. (b) A modification to the planned project is proposed which may-produce a new, significant effect on the environment. A discretionary lease, permit, license, certificate, or other entitle- ment to use granted before April 5, 1973, for part of a project which re- quires another or additional discretionary governmental approvals after April 5, 1973, requires the preparation of an ErR only if the approval after Apri 1 5, 1973, involves a greater degree of responsibility and control over the project as a whole. No environmental redetermination shall be made nor any new EIR oTdered or prepared by the City on any project for which an environmental determi- nation was made or on EIR ordered before April 5, 1973, ARTICLE 5. EXCEPTIONS TO CEQA The following emergency projects are exempt from the requirements of CEQA: (a) Projects undertaken, carried out, or approved by a public agency to maintain, repa i r, restore, demolish or replace property or facilities damaged or destroyed as a result of disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1, Title 2 of the Government Code, -c- ~ (b) Emergency repairs to public service facilities necessary to maintain service. (c) Projects undertaken as immediate action necessary to prevent or mitigate an emergency, A project involving only feasibility or planning studies for possible future actions which the City agency has not approved, adopted, or funded does not require the preparation of an Environmental Impact Report, but does require consideration of environmental factors. ARTICLE 6, PROCEDURES Any project undertaken or to be approved by the City shall first be reviewed by the Coordinator (as defined herein) to determine whether it 'is categorically or otherwise exempt from the operation of CEQA, I f it is determined that it is exempt, it shall be returned to the person or agency submitting it with a statement that it is categorically exempt, If it is determined that the project is not exempt, then the Coordinator shalT re- quest information sufficient to determine whether or not the project may have a significant effect on the environment. The information shaTT not be limited to yes or no responses to questions, nor shall it be mere Ty con- clusions that there Is no environmental effect, It must contain declaratory statements volunteering sufficient information about the purpose and scope of the project and the setting in which It will occur to enable the environ- mental significance to be assessed. The Coordinator shall make a recommendation to the Planning Commission as to whether or not the proposed project may have a significant effect on the environment, and shall 'set the matter on the Commission's agenda for an environmental determination. If prepa'ratlon of an EIR is recommended, the applicant shall be notified of the date and approximate time of the hear- ing by the Commission. If the Planning Commission finds, based on the information submitted and the evaluation of the Coordinator, that the proposed project will not significantly affect the environment, then a Negative Declaration shall 'be filed with the County Clerk by the Coordinator, and the project shalT pro- ceed In the customary manner, except that any approval given to the project shall not become effective until the 31st day following the filing of the Negative Declaration. Any documents relating to the project, including its listing on any agenda, shall thereafter bear note of the date of filing of the Negative Declaration. If the Planning Commission determines that a project may have a sig- nificant effect on the environment, then it shall order the preparation of an Environmental Impact Report. If any person or agency wishes to appeal a decision of the Board, said appeal must be filed with the City Council of the City of Arroyo Grande in not less than ten (10) days of the date of the Board's decision, Once an EIR has been ordered for a project, no approval may be given to the project or any portion thereof except after consideration of the EIR, Any City agency or applicant may waive the determination as to possible significant effect by the Commission and voluntarily submit a draft or final EIR on the project for which approval is sought, A wrl tten waiver shall accompany the application or request for approval. (See - Appendix "F"). ART! CLE 7, PREPARATION OF THE EIR When an EIR is required, a fee shall be charged the applicant to defray the estimated cost incurred In preparing the EIR. The Coordinator shall determine the fee, A variable fee schedule may be established according to the size of the project or other relevant factors. On all projects undertaken by the City, the head of the Department carrying out the project shall be responsible for preparation of the draft EIR which shall be submitted to the Coordinator for review and distribution, -d- m_~ - The City may contract for the preparation of an EIR on any project to be carried out by a private person which is partly funded by a City agency or requires the issuance of a lease, permit, license, certificate, or other entitlement for use by the City, The applicant shall provide any information requested by the Coordinator required for preparation of an EIR. Upon completion of a draft EIR, the Coordinator shall give notice to the Secretary of Resources in the form set forth in Appendix A, The Coordinator shall also send a notice accompanied by a copy of the draft EIR to any other public agency having jurisdiction over the project in question or having an interest In the project, A copy of the draft EIR shall be available In the Office of the coordinator, and copies shall be available at the office of the City Clerk and branch of the County library, A news release announcing the availability of the draft EIR and inviting public comment shall be mailed to each newspaper of general circulation, and radio stations within the City of Arroyo Grande, The notice to other public agencies and the press release shall include the following information for each project: a. A brief ~escription of the project. b. The location of the project. c. The locations where the public may review any draft EIR d. The deadline for submission of public comments, Which shall not be less than twenty-one (21) days from the filing of the Notice of Completion with the Secretary of Resources. A summary of written comments shall be prepared and attached to the draft EIR, and the person or agency to carry out the project may prepare a response to the summary which shall also become a part of the EIR. The response shall describe the disposition of significant environmental issues raised, giving reasons why specific comments and suggestions were not ac- cepted, and I,ist factors of overriding importance warranting a rejection of the suggestions, The Final EIR shall be forwarded to the initial decision-making entity, which shall consider the contents of the EIR when any decision is made on the project. When a project is to proceed through more than one ~ecision-making entity, the EIR may be the subject of public comment as is any other aspect of the project, and at any public hearing both the EIR and the project must be considered, Summaries of pertinent public comment at any hearing shall be appended to the EIR by the Coordinator, accompanied by any rebuttal provided by a City department or appl icant, before the project proceeds to another approving entity. When a final decision is made on a project, the Coordinator shall file a Notice of Determination with the County Clerk. This Notice shall include the decision on the project, the determination as to whether the project will or not have a significant effect on the environment, and whether an EIR was prepared pursuant to the provisions of CEQA or whether a Negative Declaration was filed. ART! ClE 8. SIMilAR, MULTIPLE, ON-GOING, AND PHASED PROJECTS A City agency or appl icant may employ a single EIR to describe more than one proj ect, if such projects are substantially the same in terms of environmental impact. Also, an EIR prepared for an earlier project may be applied to a subsequent project if the projects are substantially the same. EIRs may be written in advance for entire programs or regu- lations, in order to prepare for coming project applications, When any of the foregoing alternatives are elected, the decision- making entity must find that the effects of the projects are similar -e- ~ enough to warrant the same treatment In an EIR and that the EIR submitted adequately covers the impact of any single project and comments on the combined effect. If these findings are not made, the EIR must be amended to apply to the particular characteristics of the individual project. Where one in a series of projects, or one phase of a total project, may not have a significant effect, but the total undertaking may, a single EIR must be prepared for the ultimate project. Where an individual project is precedent to action on a larger project or commits the City or applicant to a larger project, any EIR required must address the scope of the larger project. Only one EIR or Negative Declaration shall be made for an on-going activity even where the activity involves, at different stages, more than one project, as defined herein. ARTICLE 9. CRITERIA FOR EVALUATION OF PROJECTS If any of the effects of a project may have a substantial adverse impact on the environment, regardless of whether the overall effect of the project is adverse or beneficial, then an environmental impact report must be prepared. Although there may be a difference of opr~lon on whether a particular effect should be considered adverse or beneficial, where there is, or there is anticipated to be, a substantial body of opinion that will consider the effect to be adverse, the public agency should prepare or cause to be prepared an EIR to explore the environmental effects involved. Both primary and secondary consequences of a project shall be con- sidered. primary consequences are immeJlately related to the project, while secondary consequences are related more to primary consequences than to the proj ect Itself. For example, the construction of a new treatment plant may facil itate population growth in a particular area as a primary consequence, while there may be an impact upon the land, air, water, and energy used as a result of the population growth as a secondary conse- quence. A significant effect on the enviornment may occur if a project: a. Is in conflict with environmental plans and goals that have been adopted by the community where the project is to be located; b. Has a substantial and demonstrable negative aesthetic effect; c. Substantially affects a rare or endangered species of animal or plant, or habitat of such a species; d. Causes substantial interference with the movement of any resident or migratory fish or wildlife species; e. Breaches any published national, state, or local standards relating to solid waste or litter control; f. Results in a substantial detrimental effect on air or water quality, or on ambient noise levels for adjoining areas; g. Involves the posslbil ity of contaminating a public water supply system or adversely affecting ground water; h. Could cause substantial flooding, erosion, or siltation; i. Is subject to major geologic hazards. In every case where any of the following conditions are found to exist as a result of a project, the proj ect sha II be found to have a significant effect on the environment; -f- "~ a. Impacts which have the potential to degrade the quality of the environment or curtail the range of the environment. b. Impacts which achieve short-term, to the disadvantage of long- term, environmental goals. A short-term impact on the environment is one which occurs in a re1arively brief, definitive period of time, while long- term impacts will endure well into the future. c. Impacts for a project which are individually limited, but cumulatively considerable, A project may impact on two or more separate resources where the impact on each resource is relatively small. If the effect of the total of those impacts on the environment is significant, an EIR must be prepared. This mandatory finding of significance does not apply to two or more separate projects where the impact of each is insignifi- cant. The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. ARTICLE 10. CONTENTS OF ENVIRONMENTAL I MPACT REPORTS Environmental 'Impact Reports shall contain the Information described in the following paragraphs. Description of project including: (a) The precise location and boundaries of the proposed project shall be shown on a detailed map, preferably topographic. The 1 ocat ion of the project shall also appear on a regional map. (b) A statement of the objectives sought by the proposed project. (c) A general description of the project's technical, economic, and environmental characteristics, considering the prinCipal engineering proposals. Description of Environmental Setting in the vicinity of the project, as it exists before commencement of the project, from both a local and regional perspective. Knowledge of the regional setting is critical to the assessment of environmental impacts, Special emphasis should be placed on environmental resources that are rare or unique to the region. Specific reference to related projects, both public and private, both existing and planned, in the region should also be included, for the purpose of examining the possible cumulative impact of such projects. Environmental Impact of all phases of a project: planning, acqui- sition, development and operation. The following subjects shall be separately discussed: (a) The direct and indirect impact of the project on the environment, giving due consideration to both the short-term and long- term effects. The description 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 commercial and residential development) and other aspects of the resource base such as water, scenic quality and public services. Any Adverse Environmental Effects Which Cannot Be Avoided If the Proposa 1 is Implemented should be described, including those which can be reduced to an insignificant level, but not eliminated, Where there are impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the project is being proposed, notwithstanding their effect, should be described, Do not neglect impacts on any aesthetically valuable surroundings or on human health. -g- ~ .. Mitigation Measures Proposed to Minimize the Impact which are written into the project plan to reduce significant environmentally adverse impacts to insignificant levels should be described and the basis for considering these levels acceptable. If a particular mitigation measure has been chosen from among several alternatives, it should be discussed and reasons given for the choice made. Alternatives to be Proposed Action includes any known alternatives to the project or to the location of the project, which could feasibly attain the basic objectives of the project, and the EIR should explain 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 eliminat- ing any environmentally adverse impacts, even if these alternatives substan- tially impede the attainment of the project objectives and are more costly. Relationship Between Local Short-Term Uses of Man's Environment and the Maintenance and Enhancement of Long-Term Productivity Is a description of the cumulative and long-term effects of the proposed project which adversely affect the state of the environment, paying special attention to impacts which narrow the range of beneficial uses of the environment or pose long- term risks to health or safety. In addition, the reasons why the proposed project is believed by the sponsor to be justified now, rather than reserv- ing an option for further alternatives, should be explained. Any Irreversible Environmental Changes Which Would Be Involved in the Proposed Action If It Should Be Implemented includes uses of non-renewable resources during the initial and continued phases of the project, which may be Irreversible because a large commitment of such resource makes re- moval or non-use thereafter unlikely. Primary impacts and, particularly, seconda ry impacts, such as a highway improvement which provides access to a non-accessible area, generally commits future generations to similar uses. Al so, irreversible damage can result from environmental accidents associated with the projects. Irretrievable commitments of resources should be evalu- ated to assure that such current consumption is justified. The Growth-Inducing Impact of the Proposed Action means the ways in which the proposed project could foster economic or population growth, either directly or indirectly, in the surrounding environment. I nc1 uded in this are projects which would remove obstacles to population growth; for example, a major expansion of a waste water treatment plant might allow for more construction in service areas. Increases in the population may further tax existing community service facilities, so consideration must be given to this impact. Also, discuss the characteristic of some projects which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. Other Required Information, The identity of all federal, state or local agencies, other organizations, and private individuals consulted in preparing the EIR and the identity of the persons, firm or agency pre- paring the EIR, by contract or other authorization must be given. If water quality aspects of the proposed project have been previously certified by the appropriate state or inter-state organization as being substantial complaince with applicable water quality standards, reference to the certification should be made. -h- --,-_.,- ~ __ .__.____._~__m "-- .~.._--.-._..__.- _.__._----~-- ---~ ENVIRONMENTAL IMPACT I App I i cant comes in for permit PROCEDURES ./. Coordinator Checks FL.OW CHART INITIAL EXEMPTIONS Categorical exemption Ministerial project Non-proj ec t Emergency project Applicant fills out ,J. / . prel im. Env. Desc. . ~OT EXEMPT . form & returns to . Coordinator I . J \ . . Coordinator evaluates 0EMP~ proj ect and makes recommendation to Board '\ 7 . . . . SIGNIFICANT IMPACT ~ Coordinator files . DETERMINATION BY Negat ive Decl. ...... NEGATIVE DECL. .......... PLANNING COMMISSION wi th Co. Clerk @ / . . EIR REQUIRED , Coordinator and Appli- . , , cant make arrangements ~. for Consultant to . . prepare E I R Consu I tan t . . . prepares draft . . EIR , , . , ," ,;. Coordinator finds draft PLANNING DEPARTMENT I. REGULAR PROCESSING SIR to be satisfactory, KEQUESTS FOR PRIMARY sends out for comment ENTITLEMENT Notice of Completion I I' fi led wi th State J. , , Comments submitted , ~~- - - - ._., . I by other agencies . PUBL I C HEAR I NG and public , If required I . I. , . ,:. 1_- , Coordinator completes , App I i cant , , final EIR assembly . Hearing comments ...__ and schedules hearing comments on added to E I R I final EIR r__~ __ 1 ' EIR considered along with primary entitlement , , processing . , , J , , . , , W PROJECT APPROVAL OR DENIAL ~IR adopted or rejected) (Primary entitlement approved or denied) , Notice of Determination filed with Co. Clerk -i- ~ APPENDIX A CATEGORICAL EXEMPTIONS and Related Exemptions from Env i ronmenta 1 Impact Report Requirements The following classes of projects have no significant Impact on the environ- ment. No further environmental Impact determination is required for these pro- j ects. NOTE: Classes 3,4, 5, 7 and 11 are qualified by considerations of where the project is to be located -- a project that is ordinarily insignificant in its Impact on the environment may in a particularly sensitive environment be sig- nificant. Therefore, these classes are considered to apply in all ins tances, EXCEPT where the project may impact on an environmental resource, or hazard of critical concern as may be hereafter designated, precisely mapped, and officially adopted pursuant to law. Moreover, all exemptions for these classes are in- applicable when the cumulative impact'of successive projects of the same type in the same place, over time is significant -- for example, annual additions to an existing building under Class 1, . CLASS 1: EXISTING FACILITIES Operat ion, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographic features, including the following: (a) Interior or exterior alterations involving interior partitions, plumbing, and electrical conveyances, and similar alterations. (b) Existing facilities of both investor, and publicly owned utilities used to conveyor distribute electric power, natural gas, sewage, etc, (c) Existing highways and streets within already established rights-of-way slde\&alks, gutters,resurf<;lcing, blcyc1'e arid pedestrian trails. and similar facilities, (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities,or mechanical equipment to meet current standards of public health and safety, unless it Is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, lands 1 ide or flood. (e) Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structure before the addition or alteration, or 2500 square feet, whichever is less. (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facTlities or mechanical equipment, ,or topographical features (including navi- gational devices) where these devices do not have or result in an adverse environmental impact. (g) New copy on existing signs, (h) Maintenance of existing landscaping, native growth and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2, Cal ifornla Agricultural Code). (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildl ife waterway devices, streamflows, springs and water- holes, and stream channels (clearing of debris) to protect fish and wildlife resources, (j) Division of existing multiple family rental units into condominiums. (k) Demolition and removal of buildings and related structures except where they are of historical, archaeological or architectural consequence as officially designated by Federal, State or local government action. -j- -~ CLASS 2: REPLACEMENT OR RECONSTRUCTION (a) Replacement or reconstruction of existing schools and hospitals to pro- vide earthquake resistant structures which do not increase capacity more than 50"10. (b) Replacement of existing structures on the same site with structures of substantially the same size and purpose, CLASS 3: NEW CONSTRUCTION (May not apply - see NOTE at beginning of Appendix) (a) Single family residences, motels, apartments, roominghouses, boarding- houses, and duplexes where the project meets Zoning and Land Use re- quirements. (b) Construction of curbs, gutters and sidewalks, (c) Stores, offices, service stations, indoor private recreational facilities, restaurants, and similar establishments providing goods or services if not in conjunction with the building of two or more such structures, and if designed for an occupancy load of one hundred persons or less. (d) Water main, sewage, electrical, gas and other utility extensions of reasonable length and size to serve such construction within this class. (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. (f) Construction for which a conditional use permit or variance has been issued. (g) Construction of septic tanks or sewerage systems required by reason of construction otherwise authorized herein as not having a significant effect on the environment. (h) Structures for the raising, keeping, or treatment of fifty or less animals, and related storage for such uses. (i) Public and private buildings for civic or organizational use, includ- ing churches, libraries, museums, art galleries, schools, lodge ha 11 s , community centers, restrooms, and similar uses, where the floor area does not exceed five thousand square feet and occupancy does not exceed 250 persons. (j) Structures for light agricultural or horticultural use, including greenhouses, storage sheds, and similar uses, if ~ot more than 5,000 square feet in area. (k) Rest homes and sanitariums with capacity for 6 or less patients. (1) Pottery, woodcraft, ceramics, or similar creative art production where such production is limited to an area totaling not more than 5,000 square feet. (m) Light industrial and heavy commercial uses involving five or less employees and less than 5,000 square feet of area. (n) Outdoor recreational facilities involving less than one acre in area, including parks, playgrounds, golf courses, miniature golf courses, amusement parks, and similar outdoor recreational faci llties. CLASS 4: MINOR ALTERATIONS TO LAND (May not apply - see NOTE at beginning of Appendix) (a) All grading not exceeding 500 cubic yards; cut slopes or fill slopes, not exceeding three (3) feet as defined under present excavation and grading ordinances, except where it is to ba located in a water- way, In any wetland, in an officially designated (by Federal, State or local governmental action) scenic area, or In officially mapped areas of severe geologic hazard. -k- -- ~ (b) New gardening, commercial crop and tree farming, and landscaping, but not including removal of I ive trees or more than one acre of natural vegetation. (c) Filling of earth, except for sanitary landfill, into previously ex- cavated land with material compatible with the natural features of the site. (d) Minor alterations in land, water and vegetation on existing officially designated wildl ife management areas or fish production facilities which result in improvement of habitat for fish and wildlife re- sources or greater fish production. (e) Minor temporary uses of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc, CLASS 5: ALTERATIONS IN LAND USE LIMITATIONS (May not apply - see NOTE at beginning of Appendix) (a) Minor lot line adjustments, side yard and setback variances not result- ing in the creation of any new parcel nor in any change in land use or density. (b) Any encroachment permit required to be obtained from the County Engineer for work within County maintained road system or County Engineering existing related facilities, (c) Any lot division involving not more than four lots which is not a subdivision. (d) Any permit required to meet any conditions imposed upon any such lot division. CLASS 6: INFORMATION COLLECTION Basic data collection, research, experimental management and resource evaluation activities which do not result in a serious or major disturb- ance to an environmental resource. These may be for strictly information gathering purposes, or as part of a study leading to an action which a publ ic agency has not yet approved, adopted or funded. CLASS 7: REGULATORY ACTIONS 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, including but not limited to wildlife preservation. Included are permits Issued by the County Agricultural Department pursuant to statute. CLASS 8: REGULATORY ACTIONS FOR THE PROTECTION OF THE ENVIRONMENT Actions taken by regulatory agencies, as authorized by State law or local ordinance, to assure the maintenance, restoration, enhancement, or pro- tection of the environment. ~) New ordinances or revision to existing ordinances providing for conservation of natural resources, where such revision does not weaken the effect of the ordinance. (b) Class 8 does not include construction of dams and reservoirs or brush I and management operations, CLASS 9: INSPECTIONS Activities I imited entirely to inspection, to check for performance of an operation, or quality, health or safety of a project, Including re- lated activities such as inspection for possible mislabeling, mis- representation or adulteration of products. -1- -.., .~ CLASS 10: LOANS Loans made by the Oepartment of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943. CLASS 11: ACCESSORY STRUCTURES (May not apply - see NOTE at Beginning of Appendix) Construction or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, Includ- ing: (a) Signs, (b) Small parking lots; and storage yards not exceeding 5,000 square feet I n a rea. CLASS 12: SURPLUS GOVERNMENT PROPERTY SALES Sales of surplus government property except for parcels of land, other than tax sa I es. MINISTERIAL PROJECTS Ministerial projects, Including but not limited to the, following, are exempt from these procedures and the California Environmental Quality Act. (a) Issuance of building permits. (b) Issuance of business licenses. (c) Approval of final subdivision maps and parcel maps, (d) Approval of individual utility service connections and disconnections. (e) Permits for water wells. -m- --, .'- Form 400A APPENDIX A Continuation Sheet For Filing Administrative Regulations With the Secretary of State (Pursuant to Government Code Section 11380,1) State of California The Resources Agency SECRETARY FOR RESOURCES 1416 Ninth Street, Room 1311 Sacramento, California 95814 NOTICE OF COMPLETION Responsible Agency 10ivision Project Title Address City County Zip Contact Person Area Code Phone Ext, PROJECT DESCRIPTION OF NATURE, PURPOSE AND BENEFICIARIES Q) u ;g '" '" - .J;; .... c: .- Q) .... .- ... :3 .... 0 c: 0 0 Project Location City project Location County Time period Provided for Review Address Where Copy of Draft EIR is Available -n- - APPENDIX "B" PRELIMINARY ENVIRONMENTAL DESCRIPTION FORM Bl (Request for Negative Declaration Status) FOR OFFICE USE ONLY proj ect Number Primary Entitlement Requested Fee Paid for NDS Review (Date) Receipt # NOTE: Not all projects will necessitate the preparation of an Environmental Impact Report. In order to make a determination as to whether any signifi- cant adverse environmental Impacts may result from the proposed project, the following Preliminary Environmental Description must be filled out and sub- mitted to the Environmental Coordinator for evaluation, Final determination for Negative Declaration Status or the need for an Environmental Impact Report will be made by the Planning Commission. Completion of this form Is not needed for categorical and related exemptlon~ listed in Appendix A, Determination as to whether the project Is a Mlnistirial Project, Non-Project or falls within the Categorical Exempt classes as listed in Appendix A will be made by the Environmental Coordinator at the time the primary entitlement is applied for, As soon as possible, the Environmental Coordinator will review the request for Negative Declaration status and forward his recommendations to the Planning Commission for determination. (Please allow two weeks for review and determi- nation) , Also, processing of the primary entitlement application will not start until either Negative Declaration Status has been granted or the required En- vironmental Impact Report has been approved by the Planning Commission. (Once submitted to the Coordinator, please allow 6 to 8 weeks for review and approval of the Environmental Impact Report), Please answer the following questions to the best of your knowledge. I fit Is determined by the Coordinator that answers are not sufficient or incomplete, he will notify you and explain the areas that need further explanation. 1, Describe the proposed project, including its location, address, legal description, and the primary entitlement applying for, i,e, conditional use permit, variance, zoning, grading permit, parcel map, subdivision, etc, a. Description of Project b. Location c, Address A.G. 1-25 -0- - ,~ . d, Legal Description and Assessors Parcel Number e. Primary entitlement applying for 2. Site I nformat Ion: if more detail is needed, attach sheet. a, Setting; : urban, fringe, or rural b. Terrain: 1 eve I to gent I y ro 11 i ng (0-10"10) ( ) slopes (10- 30"10) ( ) steep slopes (over 30"10) ( ) c, Hydrology: streams, lakes, or marshes on site, No ( ) Yes ( ) Describe: d. Proposed grading and land disruption e. Vegetation: all natural vegetation already removed or altered ( ) natural vegetation will be undisturbed ( ) significant tree-cutting or vegetation removal proposed (describe number of trees, area affected, etc.) ( ) f, Adjoining land: same use as proposed, Yes ( ) No ( ) Different use, Describe: g. Describe any other unique or significant features of the site, 3. Could the project disrupt or divide an Yes ( ) No ( ) established community or disrupt orderly, ~lanned development or is it inconsistent with plans and goals that have been adopted by the community In which the project is located? Could It cause increased cong~stlon or result in higher densities than desired by the community? 4. Could the project result in the temporary Yes ( ) No ( ) or permanent displacement or annoyance of neighboring community residents? -p- "~ S. Could the project have an effect on natural, 'Yes ( ) No ( ) ecological, cultural or scenic resources of national, state, or local concern? 6. Is the project in an area characterized by unique Yes ( ) No ( ) physical features? Is the project near the shoreline, near any natural or parti ally channelized flood plains, or on any hillsides visable to surrounding properties? 7. Could views by neighboring property owners be Yes ( ) No ( ) disrupted by the project? B. Could any geologic features (slide prone areas, Yes( ) No ( ) earthquake faults, etc.) cause adverse conditions to result from this project? 9. Could the project disrupt or alter the appearance Yes ( ) No ( ) of the surroundings of a historical or arch.eolo~ical site? 10. Gould the project affect the potential use, extraction Yes ( ) No ( ) or conservation of a scarce natural resource? 11. Could the project affect the continued use of a Yes ( ) No ( ) recreational area or area of important aesthetic value? 12. Could any wildlife or unique vegatative communities Yes ( ) No ( ) be disrupted or displaced by the project? Could any wildlife migration patterns be disrupted by the project? 13. Could existing noise levels be increased by this Yes ( ) No ( ) pr~ject (including during its construction period) to the extent that present or future residents or passers-by would be annoyed to any degree? Would recreational or wildlife areas be detrimentally affected' by noise increases? 14. Could the project increase air pollution level. Yes ( ) No ( ) in the area or exceed any existing air pollution standards? Particulate matter (dust) as well as chemical pollutants sho~ld be considered. " / / 15. Could any unique characteristics be introduced Yes ( ) No ( ) into the areas atmosphere, such as sonic booms, radiation, annoying electronic transmissions, vibrations, etc.? 16. could the proposed project have any detrimental Yes ( ) No ( ) effect on existing water quality or quantrt~es of either surface 0 r subsurface supplies. 17. Could the project disrupt or alter any of the items Yes ( ) No ( ) listed on the Physical Environment Checklist* which are not specifically discussed above, including Land Resources, Water Resources, Air Resources, Noise Levels, or Biological Resources? * Attached -q- -, 18, Cou I d the proj ect estab 1Jsh any precedents Yes ( ) No ( ) or facilitate any other projects of which the Impacts of these may be significant? Could the project serve to encourage development of presently undeveloped areas or intensify development of already undevel- oped areas? (Examples Include the introduc- tion of facilities such as streets, roads, water mains or sewerage lines in such a manner as to facilitate development or Intensification of the use of an area), 19, Could the project generate a controversy? Yes ( ) No ( ) 20, Are there any feasible and less envlron- Yes ( ) No ( ) mentally offensive alternatives to this project? 21. I'f you have answered yes to one or more of the above qUes t ions, but still think the project will not or cannot have any signi- ficant environmental effects, Indicate your reasons below: SUBMITTED BY: DATE: Mailing Address: Telephone: Zip Code: FOR OFFICE USE ONLY Zoning Applicable Specific plan Applicable General Plan Concerned Area Advisory Committee Lead Agency Secondary Agencies -r- '", EXPLANATION OF FORM 62 1, The following form, 62, Is Intended to meet the requirements of the State Guidelines and CEQA and will serve as the Negative Declaration and Notice of Determination, Also, If it Is determined by the Planning Commission that a project requires the submission of an Env I ronmenta I Impact Report, I.e" denial of Negative Impact Status, this form shall indicate said action. IT WILL ALSO SHOW ACTION APPROVING OR DENYING THE FINAL EIR, 2, In the actions as listed in Form 62, the Planning Commission, I n the I r resolution, must address Itself to the requirements of the adopted Guldel ines. ALSO, IN APPROVING OR DENYING A FINAL EIR, THE RESOLUTION SHOULD FIND THAT THE REQUIREMENTS OF THE ADOPTED GUIDELINES HAVE 6EEN COMPLI ED WITH, 3. The responsible agency shall Indicate In their resolution that the Environmental Guidelines of the City of Arroyo Grande have or have not been complied with, The resolution shall also contain the findings of whether there is or Is not a significant adverse affect on the environment. The resolution should also contain reasons for denial, if not based on environmental concerns, -s- I I I \ ~ FOR OFFICIAL USE ONLY FORM B2 This form is to be considered: ( ) Negative Declaration ( ) Action Requiring Preparation of EIR ( ) Action Denying EIR ( ) Action Approving EIR ( ) Notice of Determination ---------------------------~------------------------------------------------------ A, proj ect Number B, Date C, Project title/description ~ D, project location/address/legal description E. Primary entitlement requested F, Re~ponslble Agency Plannlnq Commission, City of Arroyo Grande I ACTION BY THE PLANNING COMMISSION G, The Planning Commission of the City of Arroyo Grande finds that, after examination of the preliminary Ehvironmental Description form of the above project and review of the Ehvlronmental Coordinators' recommend- ations, said project: ( ) I, Qualifies for Negative Declaration Status, ( ) 2, Requires the submission of an Environmental Impact Report prepared In accordance with the Envlrormental Guidelines as adopted by the City Council on , Date of Action Resolution (Attached) Filed with the Clerk of San Luis Obispo County (Date) (Negative Declaration Status Only) NOTE: ENVIRONMENTAL COORDINATORS' RECOMMENDATiONS ARE ATTACHED FOR REFERENCE, H. The Planning Commission of the City of Arroyo Grande finds that, after exam I nat Ion of the Envl ronmenta I impact Report for the above project, review of the Environmental Coordinators' recQmmendatlons, and hearing testimony from proponents and opponents, said Environmental Impact Report Is hereby: ( ) 1- Denied. ( ) 2, Denied without prejudice and sent back to the Environmental Coordinator for further Information and study. ( ) 3. Approved, Date of Action Resolution (Attached) NOTE: ENVIRONMENTAL COORDINATORS' RECOMMENDATIONS ARE ATTACHED FOR REFERENCE, .:.It... ~ I, NOTICE OF DETERMINATION See Items A through F for Environmental Determination file reference data, The (Subdivision Review Board) (Planning Commlsslon)(City Council) of the City of Arroyo Grande (approved) (denied) a by resolution (attached) The project, as described in items A through F and specifically (the entitlement requested) . Actions taken prior to Notice of Determination: ( ) 1. Negative Declaration Status granted, ( ) 2. Negative Declaration filed with County Clerk ( ) 3. Environmental Impact Report prepared and approved, . NOTICE OF DETERMINATION FilED WITH COUNTY CLERK: (Date) -u- -, ,~ FORM B3 Environmental Coordinator's recommendations to the Planning Commission in regard to: 1. Preliminary Envir6nmental Disruption. 2. Negative Declaration Status. 3. Requirement of an Environmental Impact Report. TO: Planning Commission City of Arroyo Grande FRaf: Environmental Coordinator SUBJECT: Det:ermination of Negative Declaration Status for the Following Project Project Number Date of Submission Project title/description Project location/address/legal description Primary entitlement requested Ordinance requirement It is the recommendation of the Environmental Impact Coordinator that the project should: ( ) 1. Be granted Negative Declaration Status. ( ) 2. Be required to submit an Environmental Impact Report prepared in accordance with the Guia&limes of the Cft1 of Arroyo Grande, My recommendations are based on the following: Yes No Potential SiKnificant pOllution W ( ) ( ) Water pollution (ground or surface water) ( ) ( ) Air pollution, including odors ( ) ( ) Soil erosion and sedimentation ( ) ( ) Noise Potential SiKnificant Loss of Resources ( ) ( ) Prime agricultural land ( ) ( ) Wildlife habitat ( ) ( ) Depletion of mineral resources ( ) Other -'Ii" - Potential Effect on Cultural Resour~es ( ) ( ) Historic or ar~haeological sites ( ) ( ) Loss of sceni~ values ( ) ( ) Other signifi~ant adverse effect on human beings ( ) ( ) Potential overload or major illlpact on community , , -.rvices (sewer, water supply, fire & police, -;schools) ( ) ( ) Significant contribution to traffic congestion Sensitive Location ( ) ( ) Effect on areas of critical concern (identified by State) ( ) ( ) Effect on scenic and sensitive land (Open Space Plan) ( ) ( ) Endangered speci.. habitat ( ) ( ) Geologic, flood, or fire n..ard. Miscellaneous ( ) ( ) Specific plan for area ( ) ( ) Potential for beginning . new land u.e trend ( ) ( ) Significant due to ~lativ. i~t Yes answers to the above envir~ntal coneemaare ..plained in the attached sheet, tOgether with other infotm&tion a. needed to assist the Planning Commission with their dete~ination, Resepectfully sub~tted, By: Environmental Coordinator -w- ,~ APPEND I X C CONTENT OF ENVIRONMENTAL IMPACT REPORTS (Outline and Checklist) FORM C 1 This outline includes the major points which need to be covered In an EIR, Many of these Items will not apply to a given project, and others can be handled with a sentence or two. On the other hand, a report for a very complex project may need considerably more detail than Indicated here, Anyone who will be preparing an EIR for the City should check with the Environmental Coordinator before starting work on the report. A, PRESENT SITE CHARACTERISTICS 1, Location and general description a. Relation to nearby town, other landmarks, roads b. Physical boundaries (roads, streams, ridges, etc,) c, Brief legal description d, Acreage of property e. Vicinity map showing regional context f. Other general characteristics 2, Existing uses and alterations on site and In vicinity (show on vegetation map) a. Present land uses b, Structures c, Cu 1 t i va t I on d, Roads/tra 11 s e. Other alterations 3, Soils - names & descriptions (mapped If complex) a. Soil Conservation Service classification for agriculture (rural area) b, Erosion hazard/existing erosion c. Su i tab ill ty for method of sewa!!e d I sposa 1 - 4. Geology - formation names & descriptions (mapped, If complex) a. Seismic hazards - proximity of faults, susceptibility to shaking, etc, b. Stability - existing landslides, evaluation for slide potential c. Scientific Interest - fossils, unusual/rare minerals, etc, d, Economic mineral resources -x- -, 5, Hydrology a, Groundwater (1) Depth, including areas of high water table (2) Qua I I t y (3) Present use b, Surface drainage pattern (shown on topography map) (I) Springs - location (2) Stream flow (Intermittent/year-round) (3) Water quality/existing pollution (4) Description of runoff and stream characteristics c. Ma rshes, lakes or ocean frontage,. If appl icable d. Floodplains (include on topography map, if appl icable) (I) Latest flood Information & source (2) Type of floodplain (5D year, etc,) (3) Flood history (brief summary) 6. Topography and landforms a. Genera1 description b. Slope categories (I) Slope percentage summary: acreage of each slope category (0-1~1o, 10-2~1o, 20-3~1o, over 3~1o) (examp Ie: 16 acres have slopes of IO-2~1o) c. Topography map (report-sized; large map may be required) 7 Vegetat ion a. Natural community classification . .b. Dominant species for each community' c. 'General condition of vegetation d, Local endemics/rare species (I) Location on site (2) Distribution in vicinity (3) Condition e, Other scientific and aesthetic Interest (1) W] Idflowers (2) Unusual specimens of non-endangered species (3) Unique community or grouping of species f, introduced vegetation -y- -, g, Vegetation and sIte alteratIon map - one page size, one la rge map 8. Wildlife/aquatic life a. DomInant/noteworthy species & distribution b. Game specIes and distribution c, Migratory species with direct use of property d, Areas of site with prime wIldlife Interest (nesting areas, etc.) e, Rare and endangered species (1 ) Importance of site as habitat (2) Distribution In area and on site 9, Atmospheric conditions a, General climate description b, Prevailing winds & Intensity c, Fog conditions and precipitation , d, AIr quality and existing air pollution e, Noise levels. 10, Scen I c va 1 ues . a, Scenic character of the area b, Relation to scenic highways or urban areas (port Ions of site visible from view points) c, Important scenic landmarks or backdrops d, Past alteration of scenic values on or adJace to site 11. Historical values a, Federa I, State, loca I hi storlca 1 I andma rks b, Other sites of historical Interest 12. Archaeological values a, Record of previous surveys b, Known sites and Importance c, Indications of possible sites on property B, DESCRIPTION OF PROPOSED PROJECT 1, Genera I InformatIon a, Proposed use of site b. ObJ ect i ve c. Structures or oth~r alterations to the natural environment d, Lot division or subdivision of land, Including lot sizes and number of new lots -z- e, Number of employees and anticipated visitors, If appl icable, f. Phasing of development g. Map or graphic depiction of project 2, Need for project 3. Construction methods and phasing to ~mlnlmize possible adverse effects on the environment during construction 4, Conformance with present ordinances and plans a, Present zoning b. Area general plan c, Open Space Plan and other City or County-wide plans d, Air quality regulations e, Water quality regulations (any certification that has been made by water quality agencies should be noted) f. Other required permits 5, Related projects in region (existent and planned) 6, Access and circulation a, Public and private roads and trails b, Other transportation facilities, If app 11 cab I e c, Present traffic characertlstlcs or access roads (congestion, etc.) 7, Relation to natural resources a, Calculated area of proposed Impermeable surfaces or substantial decrease In soil permeability b. Calculated area of proposed vegetation removal and land disturbance (Indicate on map) c, Proposed revegetation or landscaping (general description) d, A I r po II ut Ion result I ng from proj ect e, Effect on ground water levels and quality f, Changes in scenic values resulting from project g, Other alterations to natural resources 8, Other Information necessary to evaluate the project and Its effect C, EVALUATI ON (by Coordinator or consultant) I. The environmental Impact of the proposed action a. Direct and Indirect Impacts b, Short-term and long-term effects c, Resources affected (water, air, soil, vegetation, wildlife, minerals, coastline, historic and scenic resources) d, Physical changes to ecological system -aa- - , I J e, Changes In population distribution and concentration f. Alterations In human use of the area g, Effect on public services h, Effect on adjacent properties 2, Unavoidable adverse environmental effects If the proje~t Is Implemented 3, Mitigation measures proposed to minimize the Impact 4. Alternatives to the proposed action a, "No project" b, Other alternatives 5, The relationship between local short-term uses of man's environment and the malntenan~e and enhancement of long term productivity, 6, Any Irreversible envlornmental changes which would be Involved In the proposed action should It be Implemented, ], The growth-Inducing Impact of the proposed action (economic and population growth) a, Direct or indirect Impact b, Removal of obstacles to population growth NOTE: Should It be assumed that growth In any area Is necessarily beneficial, detrimental, or of little significance to the environment. D, REFERENCES 1. Government agencies, other organizations, and private Individuals consulted In preparing the EIR 2, Identity of person, firm, or agency preparing the EIR 3, Bibliography -bb- --.- -- ----.--- -.--- -. FORM C2 OUTLINE (ft~~eJ;aboration) ENVIRONMENT L IMPACT REPORT '''. ',. ':,..., .',;: ~ " . " " ,,-' ,~' , GENERAL. Environmental impact reports shall contain the information outlined in this section. DESCRlrTION O( PRO)ECT, The description of the project shall contain the following Information but should not supply extens ive detail beyond that needed for evaluation and review of the environmental Impact, (a) The precise location and boundaries of the proposed project shall be shown on a detailed map, preferably topographic, .The location of the project shall also appear on a regional map. (b) A statement of the objectives sought by the proposed project, (c) A general description of the project's technical, economic, and environmental characteristics, considering the principal engineering proposals. DESCRIPTION OF ENVIRONMENTAL SETTING, An EIR must include a description of the envlornment In the vicinity of the project, as it exists before commence- ment of the project, from both a local and regional perspective. Knowledge of the regfonal setting Is critical to the assessment of environmental impacts. Special emphasis should be placed on environmental resources that are rare or unique to that region, Spec I f I c. reference to re I a ted proj ects, both pub Ii c and prlva~e, both existent and planned, In the region should also be Included, for purposes of examining the possible cumulative Impact of such projects, ENVIRONMENTAL IMPACT, All phases of a project must be considered when evaluating its Impact on the environment: planning, acquisition, development and operation. The following subjects shall be discussed, preferably In separate sections of paragraphs, (a) The Environmental Impact of the Proposed Action: Describe the direct and indirect Impacts of the project on the environment, giving due consideration to both the short-term and long-term effects, It should Include specifics of the area, the resources Involved, phys I ca I changes, alterations to ecological systems and ,changes Induced in population distribution, population concentration,'the human use of the land (including commercial and residential de- velopment) and other' aspects of the resource base such as water, scenic quality and public services, (b) Any Adverse Environmental Effects Which Cannot Be Avoided if the Proposal is Implemented: Describe any adverse Impacts, includ- Ing those which can be reduced to an Insignificant level but not elimInated, Where there are impacts that cannot be alleviated without Imposing an alternative design, their implications and the reasons why the project Is being proposed, notwithstanding their effect, should be described, Do not neglect impacts on any aesthetically valuable surroundings, or on human health, (c) Mitigation Measures Proposed to Minimize the Impact: Descr i be any mitigation measures wrItten into the project plan to reduce significant environmentally adverse impacts to Insignificant levels, and the basis for considering these levels acceptable, Where a particular mitigation measure has been chosen from among several alternatives should be discussed and reasons should be given for the choice made, (d) Alternatives to the Proposed Action: Describe any known alter- natives to the project or to the location of the project, which could feasibly attain the basic objectives of the project, and why they were rejected in favor of the ultimate choice, The specific alternative of "no project" must also always be evalu- ated, along with the Impact, Attention should be paid to alter- natives capable of substantially reducing or eliminating any -cc- -, environmentally adverse Impacts, even If these alternatives substantially impede the attainment of the project objectives, and are most costly, (e) The Relationship Between Local Short-Term Uses of Man's Environment and the Maintenance and Enhancement of Long-Term Productivity: Describe the cumulative and long-term effects of the proposed project which adversely affect the state of the environment, Special attention should be given to Impacts which narrow the range of beneficial uses of the environm~nt or pose long-term risks to health or safety, In addition, the reasons why the proposed project is believed by the sponsor to be justified now, rather than reserving an option for further alternatives, should be ex- plained, (f) Any Irreversible Environmental Changes Which Would be Involved in the Proposed Action Should It Be Implemented: Uses of nonrenewable resources during the initial and continued phases of th~ project may be Irreversible slnc~ a large commitm~nt of such resources makes removal or nonuse there- after unlikely, Primary Impacts and, particularly, secondary Impacts (such as a highway Improvement which provides access to nonaccesslbl~ area) gen~rally commit future generations to similar uses. A I so I r- reversible damage can result from environmental accidents associated with the project. Irretrl~vable commitments of resources should be evaluated to assure that such current consumption Is justified, (g) The Growth-Inducing Impact of the Proposed Action: Discuss th~ ways in which the proposed project could foster economic or population growth, either directly or Indirectly, In the surrounding environment, Includ- ed In this are projects which would remove obstacles to population growth (a major expansion of a waste water treatment plant might, for example, allow for more construction In service areas), Increases in the popu- lation may further tax existing community service facilities so consider- ation must be given to this Impact, Also discuss the characteristic of some projects which may encourage and facilitate other activities that could significantly affect the environment, either Individually or cumulatively, It must not be assumed that growth In any area Is neces- sarily beneficial, detrimental, or of little significance to the environ- ment. ORGANIZATIONS AND PERSONS CONSULTED, The Identity of all federal, state or local agencies, other organizations and private Individuals consulted In prepar- ing the EIR, and the Identity of the persons, firm or agency preparing the EIR, by contract or other authorization must be given, WATER QUALITY ASPECTS, With respect to water quality aspects of the pro- posed project 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. CONTENTS OF FINAL ENVIRONMENTAL IMPACT REPORT. (a) The Final EIR shall consist of the draft EIR containing the elements described in Paragraphs 2, 3, and 4 of this Section, a section de- scribed in C3, either verbatim or in summary, and the response of the Responsible Agency to the significant environmental points raised In the review and consultation process, (b) The response of the Responsible Agency to comments received may take the form of a revision of the Draft EIR or may be an attachment to the Draft EIR, The response shall describe the disposition of sig- nificant environmental issues raised (e,g., reylslons to the pro- posed project to mitigate anticipated Impacts or objections), In particular the major Issues raised when the Responsible 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, -dd- --"' FORM C3 ORAFT OUTLINE FOR ENVIRONMENTAL COORDINATOR REPORTS TO THE PLANNING COMMISSION RE: ENVIRONMENTAL IMPACT REPORTS 1. DESCRIPTION OF PROJECT If an adequate and objective description of the project Is contained In the Draft E I R, refer the reader of th i s Staff report to the approprlate pages In the Draft rather than reiterating the same description here, 2, SUMMARY OF EXISTING ENVIRONMENTAL CONDITIONS Again, refer the reader to the appropriate pages In the Draft EIR If such Information Is accurately portrayed. 3. SUMMARY OF ANTICIPATED ENVIRONMENTAL IMPACTS Same comments as with 2; be concise. QUESTION: Does the Board wish to see listed all significant impacts, Including commonly experienced 'problems (such-a5 "additional air pollution impacts") or only those significant Impacts unique to the specific projects? . 4. OUTS I DE INPUT Summarize any comments received from the public or from other agencIes, 5, SUMMARY OF ENVIRONMENTAL MITIGATIONS MEASURES PROPOSED BY THE APPLICANT TO BE IMPLEMENTED AND MADE A PART OF THE PROJECT What has the environmental consultant and/or applicant proposed In the form of mitigating measures to minimize adverse environmental impacts? 6, ALTERNATIVE MITIGATING MEASURES SUGGESTED BY ENVIRONMENTAL COORDINATOR TO BE INCORPORATED INTO.THE PROJECT What alternative measures can feasibly be implemented to enhance this proj ect? 7, RECOMMENDATIONS Environmental Coordinator recommendations re: an EIR will usually take the following format: a. Environmental Coordinators' recommendations for approval or denial of the Final Environmental Impact Report based on attached Coordi- nators' report. b. A recommendation regarding secondary entitlements which may be a part of the project, such as: The Environmental Coordinator recommends that the Planning Commission find this Environmental Impact Report to be adequate for the follow- Ing projects, which may be a part of this project, so long as these later specific projects do not deviate from the Information contained In this Final Environmental Impact Report: EXAMPLE: (I) Grading permits. (2) Roadway construction permits. (3) Building permits, (4) pa rce I map, (5) etc, -ee- "----...- --~.- - ---- .-"..--... -- ~ APPEND I X D REFERRAL LIST FOR ENVIRONMENTAL IMPACT REPORT AGENCIES WitH JURISDICTION (Partial list) '0', . I'll .D. .nenta I Impact Reports should be sent to the following agencies for comment In cases where the agency has Jurisdiction over the project. Comment should also be obtained from these agencies when a project will affect an area where an agency has Jurisdiction, I. County Department of Public Health AI1 projects Box 1489, San Luis Obispo, 93401 2, County Engineering Department All projects Courthouse Annex, San Luis Obispo, 93401 3, California Regional Water Quality Control A II proj ects Board, Central Coast Region 2238 Broad, San Luis Obispo, 93401 4, California Department of Fish & Game proj ects I nvo 1 v I ng 2201 Garden, Monterey Arroyo',Grande Streambed, 5, Cal ifornia State Division of Highways projects having a major So, Higuera, San Luis Obispo, 93401 effect on state highways, Including proposed align- ments, 6. County Agricultural Commissioner Projects Involving cheml- County Airport cal contamination, disease (Calif. Dept, of Agriculture) control, pesticides, and related agricultural concerns. 7, ;, .Callf; Dept. of Public Health Projects Involving major health considerations 8, ;'Callfornla Air Resources Board projects having a major effect on air quality 9, C.l1lfornla Dept, of Conservation Projects Involving major effects on natural resources of Statewide concern. 10. California State Lands Division projects affecting State- owned lands other than parks, particularly along the coastline. II. California Office of Planning & Research Projects havlng.a major 1416 9th St" Sacramento, Ca, 95814 effect on Statewide land use patterns and open space po II cy 12, California Division of Mines & Geology Projects In areas of geologic hazard, and projects having a major effect on mineral resource 13. Incorporated communities & county Projects within or adjoin- G rovet City ing incorporated areas a, b. PI smo Beach c. County of San Luis Obispo -ff- ~ 19, School d I str I ct Projects with a major effect on schools 20. Community service districts, Projects with a major water districts, and fire effect on community districts services SOURCES WITH SPECIAL EXPERTISE Comment Is recommended from some or all of these sQurces, depending on the nature of the proj ect. I. Archaeology: County Archaeolog!cal Society, Box 109, San Luis Obispo, 93401, 2, B 10 1 og I ca I Character 1st I cs: ~ 10 log I ca I SC I enCes Oepa rtment, Ca II forn I a State polytechnic University, San Luis Obispo, ' 3. Historical Resources: County HIstorical Society, County Museum, San Luis Obispo, 93401 4. Natural Environment: (a) California Native Plant Society, San Luis Obispo Chapter; (b) Morro Coast Audubon Society, Box 160, Morro Bay, 93422; (c) Sierra Club, Santa Lucia Chapter 5, Soils : Soil ConservatIon Service, 715~A E, Main street, Santa Maria, Ca., 93454 -gg- ~ APPENDIX E ~ -hh- ~ . APPENDIX F FORM FI WAIVER OF SIGNIFICANT IMPACT DETERMINATION proj ect Number I hereby waive my right to apply for Negative Declaration status as provided for In paragraph 10, Page d, of the Envlrqnmental Guld~llnes of the City of Arroyo Grande, and elect voluntarily to prepare and submit for processing an Environmental Impact Report, In accordance with the above mentioned Guidelines, to the Environmental Coordinator of said city. Signature of Applicant Applicant's Name (please Print) Address .v:.i ~.,,:, -'11- --- ~ . TABLE OF CONTENTS ART I CLE ~ I SCOPE OF APPL I CAT I ON .""""""""""""""""""""""""""""""""""""""" a 2 DEF I NIT IONS """""""""""""""""""""""""""""""""""""""""""""",,.. a 3 GENERAL RESPONSIBiliTIES .................................... c , City Caune i 1 . . . . . . . . . . . . . . . . 0"' . . . . . . . . . . . . . . .. . . . . . . . . . .. . c Mul ti-Agency Projects.................."""""""""""""""..,, c 4 RETROACT IVE APPLI CAT ION. " . , , . , . , , . , . . , . .. . . . , , , , . . . , , , . . ,. . . c 5 EXCEPT IONS TO CEQA """""""""""""""""""""""""""""""""""""""""" c 6 PROCEDURES """""""""""""""""""""""""""""""""""""""""""""""""" d 7 PREPARAT I ON OF THE E I R """""""""""""""""""""""""""""""""""""" d 8 SIMILAR, MULTIPLE, ON-GOING, AND PHASED PROJECTS ,.,."...,.. e 9 CRITERIA FOR EVALUATION OF PROJECTS ...."",.....,.",..,... f 10 CONTENTS OF ENVIRONMENTAL IMPACT REPORTS .,......"....".,.. g Description of project.................................... g Description of Environmental Setting.,.",....".......,., g Environmental I mpa c t" " " " " " " " " " " " " " " . . . . . . . . . . . . . . . . . . . . . . . g Any Adverse Environmental Effects which Cannot be Avoided if the Proposal is Implemented..........,.,.. g Mitigation Measures Proposed to Minimize the Impact.",',. h A1ternatives to be Proposed Action........................ h Relationship Between Local Short-Term Uses of Man's Environment and the Maintenance and Enhancement of Long Term Productivity................................ h Any Irreversible Environmental Changes Which Would be Involved in the Proposed Action If It Should be Implemented ................................... h The Growth-Inducing Impact of the proposed Action.......,. h Other Required Information ............................... h ENVIRONMENTAL IMPACT PROCEDURES FLOW CHART.."""""..".".."", i APPENDIX "A" - CATEGORICAL EXEMPTiONS Class I: Ex i s t i n9 Fac i 1 it i es. . . . . . . . . .. . .. . . .. . . . . . . . . . . . . . . j Class 2: Replacement or Reconstruction...................... k Class 3: New Con s t r uc t ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . k Class 4: Minor Alterations to Land ......................... k Class 5: Alterations In Land Use Limitations................ I Class 6: I nformat ton Co 11 ect Ion. ... . . . . . . .. .. . .. . . . . . . . . . . .. 1 ---- ~ . / TABLE OF CONTENTS (Cont,) Class 7: Regulatory Actions for protE!ction of Natural , Resources ....................................~...................,.................. I Class 8: Regulatory Actions for the Protection of the EnvI ronment............................................................................. 1 Class 9: Inspections................................................................... .. I CIa 5 5 10: Loa n 5 .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. m Class 11: Accessory Structures............................... m Class 12: Surplus Government Property Sales,..".",..,...". m Ministerial Projects................................................... ..................... m Form 400A - Notice of Completion............................. n APPEND I X "B" -PRELIM I NARY ENV I RONMENTAL DESCR I PTI ON FORM B I.. .. . . . .. 0 APPEND I X "B2" - EXPLANAT I ON OF FORM B2.............................. s Form B2 ................................................ .-....................................................... t Negative Declaration Action Requiring Preparation of EIR Action Denying EIR Action Approving EIR Notice of Determination Form B3............................................................................................................ v Environmental Coordinators' Recommendations to the Board of Supervisors in Regard to: 1. preliminary Environmental Disruption. 2. Negative Declaration Status, 3. Requirement of an Environmental Impact Report APPENDIX "c" - CONTENT OF ENVIRONMENTAL IMPACT REPORTS Form C 1.. .. .. .. .. .. .. . . . . . . . . . .. . . . . . . . . . . . . .. . . . .. . . .. . .. . . . . .. . . . . x Content of Environmental Impact Reports Outline and Checklist Form C2...................................................... cc Outline (with elaboration) Environmental Impact Report Form C3...................................................... ee Draft Outline for Environmental Coordinator Reports to the Planning Commission Re: Env i ronmenta 1 Impact Reports APPEND I X "D" - REFERRAL LI ST FOR ENV I RONMENTAL I MPACT REPORT AGENCIES WITH JURISDICTION.. ,.".....,.."......"", ff APPEND I X IIEII - FEES.................................................. hh , APPEND I X "F" Form F I ..................................................... ii Waiver of significant Impact Determination On motion of Councilman de Leon, seconded by Councilman Talley and on the following roll call vote, to wit: AYES: Councilmen Mi llls, Talley, Wood" de' Leon and Mayor Schlegel NOES: None ABSENT: None the f~lution was passed ATTES ;\VL~, Deputy City Cler.k Mayor -~