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HomeMy WebLinkAbout1972 CC RESO 10,859rad RESOLUTION NO. 10,859 RESOLUTION ESTABLISHING ENVIRONMENTAL IMPACT COMMITTEE, ESTABLISHING PROCEDURES, FOR COMPLIANCE WITH REQUIREMENTS OF ENVIRONMENTAL QUALITY ACT OF 1970 AND ESTABLISHING FEES: FOR PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS BE IT RESOLVED that a committee to be known as the Environmental Impact Committee is hereby established, said committee to be comprised of: 1. City Manager, or. delegate 2. City Planner, or delegate 3. City Engineer, or delegate 4. Director of Building and Housing, or delegate The E. I. C. is empowered to administer the En- vironmental Quality Act of 1970 on behalf of National City, and to do all things necessary to implement its .authority herewith. BE IT FURTHER RESOLVED that the E. I. C. shall follow -the policies and procedures contained in the "Back- ground and Guidelines for Procedures for Environmental Impact Review" prepared by the Planning Department of National City, a copy of which is attached hereto as Exhibit "A" and by this reference is incorporated herein as if fully set forth here- inafter. ATTEST: PASSED. AND ADOPTED this 24th day of October, 1972. EXHIBIT "A" THE CITY:Ng.--IL CITY `; ;_. i NATIa : wi JCITY, Cgs_` C7I'H4. 92050 October 24, 1972 • To: The Honorable Mayor and City Council From: The Environmental Impact Committee Subject: Proposed City Council Policy for Environmental Impact Statement Procedure and Guidelines The attached procedure and guidelines have been accepted and approved by the Environmental Impact Committee, and are being forwarded and recommended to the City Council for their approval and adoption by Resolution. Respectfully, The Environmental Impact Committee N. S. Biggs, Director of Building and Housing Harold Foster, City Engineer Malcolm C. Gerschler, Planning Director Cleo Osburn, City Manager /2C/L»G2'�1, Chairman, Environmental Impact Cleo Osburn, City Manager • DRAFT National City, California CITY COUNCIL POLICY * * * BACKGROUND AND GUIDELINES FOR ENVIRONMENTAL IMPACT REVIEW Prepared By National City Planning Department October 1972 TABLE OF CONTENTS Introduction Page 1 Action Program Page 2-3 Minutes of Environmental Impact Committee, October 13, 1972 Page 4 Council Policy Page 5 Minutes of Environmental Impact Committee, October 23, 1972 Page 6 Procedural Guidelines of the Environmental Impact Committee Page 7 Proposed Guidelines of the Environmental Impact Committee Page 8-15 Sample Waiver Form Page 16 Environmental Assessment Statement Page 17-22 Responsibility for Preparation of the Environmental Impact Statement Page 23 Scope and Content of the Environmental Impact Statement Page 24 Schedule for Processing Permit Applications' Page 25-27 Proposed Performance Bonding Page 28 Fee Schedule for the Preparation of Environmental Impact Statement Page 29 • INTRODUCTION A recent State of California Supreme Court decision, Friends of Mammoth vs. Board of Supervisors of Mono County, and International Recreation Ltd., requires all cities and counties to determine the Environmental consequences of new de- velopment projects, public or private. Those projects having a significant effect on the environment will require Environmental Impact Statements. An environmental impact is the resultant of a development project which would significantly degrade, or improve, the quality of the environment by curtail- ing the range of beneficial uses of the environment, or serving short-term ends to the detriment of long-term environmental goals. Although the City of National City must investigate the environmental con- sequences of all new development projects, most permit applications will not require Environmental Impact Statements. Such cases are called Negative Declara- tions. A negative declaration is simply a completed Environmental Assessment State- ment in which it has been determined by the Environmental Impact Committee that the action or development project will have no significant environmental effects. The Supreme Court, in a footnote to their decision, noted, "Obviously if the adverse consequence to the environment can be mitigated, or if feasible alternatives are available, the proposed activity, such as the issuance of a permit, should not be approved." (from Duncan & Jones Occasional Information Bulletin dated October 2, 1972) Also, the League of California Cities' memorandum dated September 29, 1972, interpreting the Mono Case, states,"There is no express authority to deny a building permit, for example, even though the Environmental Impact report may disclose that the project will have an adverse effect on the environment. Language in the case indicates, however, that a permit should be denied when the impact report shows that there will be adverse environmental effects." Final decision on the Environmental Impact Statement and the issuance of a development permit lays with the City Council. 1. ACTION Yi 0C AM Recor:c:endation: - That the following procedure be adopted by the City Council in response to the recent Supreme Court decision: 1. That the City Council declare the following definitions will apply: Trivial shall mean R-1 and R-2 housing, sewer extensions, gas line extensions and water main extensions of the ordinary type in public streets and alleys of a size not to expand the capacity of the system, and any other permits the results of which by reasonable definition would have no impact upon the environment. Routine shall mean permits for projects where the Environmental Impact Committee finds that the proposed work complies with site plan review procedure outlined in Ordinance 1306 and where the Committeed5 by reasonable assessment based upon the Environmental Assessment Statement that no other substancial environmental impacts would result from the proposed project. Routine shall also include "negative declaration" as that term is defined in the preceeding introduction. Significant shall mean those projects that have not met either of the above definitions. (See Attachment A) 2. To continue to issue permits for trivial projects. (See Attachment B) 3. To determine that overhead utility lines will require consideration by the Environmental Impact Committee for possible environmental impact. (See Attachment C) 4. To establish an Environmental Impact Committee for reviewing permit applications and determining the environmental significance of a pro- posed action or development project. (See Attachment B) 5. To adopt procedural guidelines for the Environmental Impact Committee. (See Attachment D) 6. To adopt guidelines whereby the Environmental Impact Committee can determine if an action or development project is trivial or significant. (See Attachment E) 7. To continue to issue permits for routine projects provided a waiver is signed by the permit applicant. (See Attachment F) 8. To adopt an Environmental Assessment Statement for the permit appli- cant to submit with his permit application. This form will be completed by the applicant and will be used by the Environmental Impact Committee to determine whether the project is ,routine or significant. (See Attachment G). 9. To assign the responsibility of preparing Environmental Impact State- ments to the Planning Department. (See Attachment H) 2. ACTION PROGRAM (continued) 10. To establish the scope and content of Environmental Impact Statements. (Sec Attachment I) 11. Adopt a schedule for processing bermi.t applications. (See Attachment J) 12. To adopt a resolution or ordinance allowing the City Council to attach Conditions to the approval of a permit application.. (Such an ordinance has not yet been prepared.) 13. To establish means of assuring an applicant's compliance with .the assertions he has set forth in his application. (See Attachment K) 14. To adopt a fee schedule for preparation of Environmental Impact State- ments. (See Attachment L) 3. Office of CLEO GS3U;tN -City Manazer ATTACHMENT A MINUTES OF TEE ENVIRONMENTAL IMPACT COMMITTEE • 1213 NATIONAL AVENUE NATIONAL CITY. CALIFOR`:iA U:J!50 7olophono: .:77-'11 51 Aron Cooe: 714. October 13, 1972 TO FROM . C. Osburn, City Manager. SUBJECT Environmental Impact Report Meeting.. The Environmental Committee met at 10:00 AM, Friday, October 13, 1972, and decided to discontinue the issuance of Building Permits except R-1 and. R-2 until Monday, October 23rd, in the hopes that more definite guidelines for the impact reports will be available at that time. It was tentatively -decided to use the present Site Plan Review Format and compliance with the General Plan as two of - the basic fundamentals in impact reports.. We will attempt to divide the building permit requests into three categories as trivial, routine and significant. The Committee will again meet at 9:30 AM Monday, October 23, 1972. t o ; 1 A E CO/aeh Co: Mr. Mr. Mr. Mr. Mr. The Honorable Mayor and City Council. C. OSBURN City Manager M. Gerschler Donald F. McLean Harold Foster N. S. Biggs Donald Newberry 4. ATTACHMENT B COUNCIL POLICY At the City Council meeting of Tuesday, October 10, 1972, action was taken in response to the recent State of California Supreme Court decision requiring that Environmental Impact Statements be prepared by all Cities and Counties for development projects. The Council ruled that the City will continue to issue.... permits for the construction of R-1, R-2 and R-3 uses (interpreted to mean one, two or three family dwellings). No other permits will be issued. These permits include but are not limited to the following: (A) Commercial - (B) R-4 (C) Subdivisions (D) Conditional Use Permits (E) Planned Development Permits (F) Zonings (G) Rezonings (H) Lot Splits (I) Zone Reclassifications (J) Annexations (K) Grading Permits Secondly, the Council established an Environmental Impact Committee whose future duties will be to determine which development projects (other than one, two or three family units) will have a "significant" effect on the environment. The City Council appointed the following people to serve as that committee: Cleo Osburn - City Manager Harold Foster - City Engineer N. S. Biggs - Director of Building and Housing Malcolm C. Gerschler - Planning Director S. ATTACHMENT C MINUTE'S OF THE ENVIRONMENTAL IMPACT COMMITTEE October 23,.1972 .,e Environmental Impact Committee met in the City Manager's Office at 9:30 .f.`'i on October 23, 1972. Present: Donald F. McLean, Jr. N. S. Biggs Harold Foster' Rolf Gunnarson C. Osburn Sherman T. Stenberg Donald Newberry Ron Enz A general discussion of the Environmental Impact Reports as related to rational City was discussed. The following motions were made by Harold Foster, seconded by C. Osburn and carried by unanimous vote: That sewer extensions, gas line extensions and water main extensions of the ordinary type in streets and alleys of a size not to .expand the capacity of the system are routine and would have an insignificant impact. Ordinary individual permits for R-1, R-2 remodeling and accessory buildings would be insignificant. Overhead utility line extensions will require consideration for possible environmental impact. Projects requiring environmental impact statements would be subject to a fee based on the City Manager's estimate cost to the City. No other fees will be required. Alternate members of the committee were named as follows: Sherman T. Stenberg - City Manager's Department Rolf Gunnarson - Planning Department Charles Curley"- Building & Housing Department Dale hoffland - Engineering Depart.a,rt City Attorney McLean stressed the need to adopt an official plan including the proposed guidelines, proposed activities, proposed questionnaire, the responsibilities for preparation of impact statements, contents and the schedule for processing.This is to go to the City Council at the next council meeting on October 24, 1972. 6. ATTACHMENT D PROCEDURAL GUIDELINES OF THE ENVIRONMENTAL IMPACT COMMITTEE Meetings of the Environmental Impact Committee To be arranged by the appointed Committee. Duties of the Environmental Impact Committee 1. All permit applications (except trivial), plans and Environmental Assessment Statements shall be submitted to the Environmental Impact Committee for review. 2. The Committee will evaluate the Environmental Assessment Statements. 3. Their findings shall be based upon this evaluation to determine whether the project is trivial, routine or significant. 4. All development projects that the Committee determines to be trivial or routine will be cleared for the issuance of permits by the appro- priate City Department. When the Committee makes such a finding, the Committee will endorse the Environmental Assessment Statement as a "negative declaration." S. All development projects that the Committee determines to be significant will require preparation of Environmental Impact Statements. In such cases the Committee shall forward the application to the Planning De- partment for processing. Procedures of the Environmental Impact Committee The Environmental Impact Committee is administrative and not subject to the provisions and requirements of the Brown Act. All communications from permit applicants intended for the Environmental Impact Committee shall be routed through the Planning Department. 7. ATTACHMENT E PROPOSED GUIDELINES OF THE ENVIRONMENTAL IMPACT CONNITTEE The Environmental Impact Committee must determine whether development projects are "Routine" or "Significant". ("Significant" environmental impacts require Environmental Impact Statements.) All permit applications processed by the Committee will be reviewed and assessed according to the definitions outlined on page 2. A. Routine development projects must comply with the Site Plan Review Procedure: 1. Compliance with all applicable City Ordinances 2. Desirable site layout and design 3. Utility of open recreation areas 4. Adequacy of landscaping 5. Compatibility with neighboring property, and 6. Compliance with the General Plan; and B. Environmental Impact Statements must be prepared for all development projects which have significant Environmental Impact. Ps sh4.1 in- corporate the following guidelines: 1. Involve a large scale alteration of existing environmental components: air, water, land configurations, animal food chains and habitats, etc. 2. Threaten to a measurable degree any rare o; endangered plant or animal species. 3. Disrupt existing neighborhoods or communities. 4. Create substantial alteration of the physical, chemical or biological properties of the air, water or land in a manner contrary to the promotion of the health, safety or welfare of a substantial number of persons, or to the balance of an ecological resource. 5. Render irrevocable harm to the aesthetic amenities of an area or resource. 6 Induce substantial change in the existing uses of an area or resource, for example, recreational use. 7. Disrupt or alter the appearance or surroundings of a histori- cal or archaeological site. 8. Affect environmental policy forthcoming with the development of the Conservation Element of the General Plan. (Items 1-7 adopted from City of San Diego Draft dated October 13, 1972.) 8: ATTACHMENT E PROPOSED GUIDELINES OF THE ENVIRONMENTAL IMPACT COMMITTEE The following guidelines are taken from Interim Guidelines for the Prepara- tion and Evaluation of Environmental Impact Statements Under the California Environmental Quality Act of 1970, Office of the Secretary for Resources, May 5, 1972. (Appendices I and J) ACTIVITIES WHICH MAY CAUSE ENVIRONMENTAL IMPACT 1. MODIFICATION OF REGIME* a. Exotic flora and fauna introduction b. Biological controls c. Modification of habitat d. Alteration of ground cover e. Alteration 6f ground water hydrology f. Alteration of drainage g. River control and flow modification h. Canalization i. Irrigation j. Weather modification k. Burning 1. Surface or paving m. Noise and vibration n. Predator control 2. LAND TPANSFORM_ATION AND CONSTRUCTION a. Urbanization improvements (sidewalks, regulation devices, other miscellaneous improvements) b. Industrial, commercial improvements (sites, buildings) c. Airports d. Highways and bridges e. Roads and trails f. Railroads g. Cables and lifts h. Transmission lines, pipelines and corridors i. Barriers, including fences and signs j. Channel dredging and straightening k. Channel improvements 1. Canals m. Dams and impoundments n. Piers, sea walls, marinas and sea terminals o. Offshore structures p. Recreation structures, picnic sites, etc. q. Blasting and drilling r. Cut and fill (grading and excavation). s. Tunnels and underground structures * The regular pattern or occurrence of events such as seasonal rainfall. 9. ATTACHMENT E PROPOSED GUIDELINES OF .THE ENVIRONMENTAL IMPACT COMMITTEE 3. RESOURCE EXTRACTION a. Blasting and drilling b.. Surface excavation c. Subsurface excavation d. Well drilling and fluid removal e. Dredging f. Clear cutting and other vegetation removal g. Commercial fishing and hunting 4. PROCESSING a. Farming b. Ranching and grazing c. Feed lots d. Dairying e. Energy generation f. Mineral processing g. Metallurgical industry h. Chemical industry i. Textile industry j. Automobile and aircraft k. Oil refining 1. Food m. Lumbering n. Pulp and paper o. Product storage 5. LAND ALTERATION a. Erosion control and terracing b. Mine sealing and waste control c. Strip mining rehabilitation d. Landscaping e. Harbor dredging f. Marsh fill and drainage 6. RESOURCE RENEWAL a. Reforestation b. Wildlife stocking and management or preservation c. Ground water recharge d. Fertilization application e. Waste recycling 10. ATTACHMENT E PROPOSED GUIDELINES OF THE ENVIRONMENTAL IMPACT COMMITTEE 7. , CHANGES IN TRAFFIC a. Railway b.. Automobile c. Trucking d. Shipping e. Aircraft f. River and canal traffic g. Pleasure boating h. Trail i. Cables and lifts j. Communication k. Pipeline 8. WASTE EMPLACEMENT AND TREATMENT a. Ocean dumping b. Landfill, solid waste disposal c. Emplacement of tailing, spoil and overburden d. Underground storage e. Junk disposal f. Oil well flooding g. Deep well emplacement h. Cooling water discharge . i. Mineral waste discharge including spray irrigation j. Liquid effluent discharge k. Stabilization and oxidation ponds 1. Septic tanks, commercial and domestic m. Stack and exhaust emission n. Spent lubricants o. Wastewater reclamation 9. CHEMICAL TREATMENT a. Fertilization b. Chemical de-icing of highways, etc. c. Chemical stabilization of soil d. Weed control e. Insect control (pesticides) 10. ACCIDENTS a. Explosions b. Spills and leaks c. Operational failure 11. OTHERS y 11. ATTACHMENT E PROPOSED GUIDELINES OF THE ENVIRONMENTAL IMPACT COMMITTEE EXISTING FACTORS AND CONDITIONS OF THE ENVIRONMENT 1. NATURAL QUALITIES A. EARTH RESOURCES (1) Landform or unique physical features such as mountains, bays, rivers, plains or'slopes and sand dunes (2) Space as a resource (3) Soil characteristics (4) Construction materials (5) Fossil fuels (6) Mineral ores (7) Force field and background radiation B. WATER RESOURCES (1) Surface waters, including rivers and lakes (2) Ocean (3) Underground resources (4) Quality, chemical, physical, biological (5) Temperature (6) Recharge, percolation (7) Snow, ice and permafrost (8) Salinization (9) Surface elevation (10) Change'in depth or water volume configuration (11) Drainage, runoff (increase or decrease) (12) Springs C. ATMOSPHERIC RESOURCES (1) Quality (gases, chemicals, particulates, clarity) (2) Climate (macro, micro, daily, seasonal) (3) Temperature (4) Moisture. (5) Wind (6) Precipitation (7) Odor D. PROCESSES (1) Floods, flood plains (2) Erosion (3) Deposition (sedimentation and precipitation) (4) Solution (5) Sorption (ion exchange, complexing) (6) Compaction and settling (7) Stability (slides, slumps, subsidence, mud flow) (8) Stress -strain (earthquake) (9) Air movements (10) Gas exchange (11) The hydrologic cycle 12. ATTACFII ENT E PROPOSED GUIDELINES OF TILE ENVIRONMENTAL IMPACT COMMITTEE D. PROCESSES (continued) .(12) Radiation of heat (13) Inversion (14) Fire (15) Mud flow, earth creep (16) Tidal currents (17) Waves (wind, tsunami) E. BIOLOGICAL RESOURCES (1) FLORA • a Trees b. Shrubs c. Grasses d. Crops e. Microflora f. Aquatic plants (rivers, lakes, oceans, marshes and estuaries) g. Endangered species h: Barriers i. Corridors j. Diversity of the ecosystem k. Stability of the ecosystem 1. Pest species m. Economic species n. Riparian vegetation (2) FAUNA a. Birds b. Land animals including reptiles. c. Fish and shellfish d. Benthic organisms (marshes, estuaries) e. Insects f. _ Microfauna g. Endangered species h. Barriers i. Corridors j. Habitat and migration areas k. Pest species 1. Economic species 2. CULTURAL QUALITIES A. LAND USE ACTIVITIES (includes displacement and relocation) Residential Manufacturing, industrial Transportation, communication, utilities, parking Trade, commercial Services, fire, police, education, power and other governmental functions 13. !' x ATTACHMENT E PROPOSED CUIDELI fl S OF THE ENVIRONMENTAL IMPACT COMMITTEE A. LAND USE ACTIVITIES (continued) (6) Cultural, entertainment and recreational a. Picnic areas b. Hiking trails c. Playing fields d. Museums e. Hunting f. Fishing g. Boating h. Swimming i. Resorts j. Camping Resource production and extraction, mining, farming Undeveloped land and water areas, wilderness, open space Waste disposal Institutional (7) (8) (9) (10) B. IMPROVEMENTS TO THE LAND (1) Structures, above or below ground (2) Nature or extent of building or surface materials (3) Irrigation and drainage structures including flood control (4) Navigation improvements (5) Shore protection INTENSITY OF LAND USE Population density Agricultural productivity • Industrial or other productivity D. LAND TENURE AND OWNERSHIP Government owned lands such as parks, preserves, monuments Zoning, C:eneral and Specific Plan requirements Political boundaries or special districts Private property rights Government policy, precedent E. INTERRELATIONSHIPS BETWEEN AREAS OR USES (1) Environmental health (2) Settlement patterns or population distribution (land use patterns) (3) Transportation, communication or service networks (4) Access (5) Individual mobility (6) Congestion, crowding (7) Industrial, commercial, residential or other economic demands 14. ATTACHMENT E PROPOSED GUIDELINES OF THE ENVIRONMENTAL IMPACT COMMITTEE F. SOCIAL AND OTHER INCLUSIVE FACTORS (1) Life style (2) Health, physical and emotional (3) Personal safety (4) Educational opportunity, quality (5) Comfort (6) Enjoyment (7) Community identity (8) Employment, governmental and private/unemployment (9) Wilderness qualities (10) Scenic vistas and views (11) Open space qualities (12) Historical and archaeological sites and objects (13) Landscape design or the apparent visual landscape (14) Noise levels and vibrations (15) Privacy (16) Population composition (sex, age, race) (17) Political representation (18) Public controversy (19) Family income G. LAND VALUE AND MARKET (1) 'Tax revenue (2) Assessed. evaluation (3) Marketability (4) Service costs 3. ECOLOGICAL RELATIONSHIPS A. Salinization of water resources B. Euthrophication C. Disease -insect vectors D. Food chains E. Plant succession F. Salinization of surficial material G. Land form -biological habitat 15. ATTACHMENT F WAIVER City of National City Required Form Agreement The undersigned applicant for a Permit No. , understands and agrees as follows: 1. The Supreme Court of the State of California filed a decision on September 21, 1972, in the case of Friends of Mammoth, et al vs. Board of Supervisors of Mono County, et al, No. Sac. 7924. 2. As a result, all actions or development projects, whether public or private, require Environmental Impact Review. 3. The environmental effect of the proposed development project for which this permit is issued has been reviewed by the National City Environmental Impact Committee and determined to be insignificant. However, the City of National City shall not be liable for any loss or damage sustained by applicant by reason of any suspension or revocation of this permit or by reason of any action subsequently brought in court to stop, delay or entirely enjoin theproject, construction or development for which this permit is issued, as a result of the aforementioned Supreme Court decision. 4. A copy of the above -mentioned decision has been made available for applicant's perusal. Dated 16. Permit Applicant ATTACHMENT G ENVIRONMENTAL ASSESSMENT STATEMENT. (General Instructions) The State of California requires cities to assess the environmental impact of all development projects before permits for such action are issued. The attached form will assist you in presenting the environmental effects of your project. The foLm consists of the following sections: A. BACKGROUND INFORMATION You will be asked to give a general description of the project and its setting. B. ASSESSMENT OF ENVIRONMENTAL IMPACT You will be asked to respond to a series of yes/no questions. A "yes" answer will mean that the project could have significant environmental effects. (The Environmental Impact Committee will assess these responses and decide if an Environmental Impact Statement will be required.) Attached to this section is a series of explanatory notes. C. STATEMENT OF NO SIGNIFICANT ENVIRONMENTAL EFFECTS You should complete this section only if you answer "yes" to one or more of the questions in Section II, but still believe the project will have no significant environmental effects. D. ADDITIONAL DATA You will be asked to answer any of these questions that pertain to your project. This Environmental Assessment Statement when completed and signed by the permit applicant and ruled by the Environmental Impact Committee to be "routine" will become a "negative declaration". A "negative declaration" is simply a completed Environmental Assessment Statement from which it has been determined by the Environmental Impact Committee that the proposed action or development project will have no significant environ- mental effects. If the Committee concludes that the project will have significant environ- mental effects, an Environmental Impact Statement must be prepared. 17. ATTACHMENT G ENVIRONMENTAL ASSESSMENT STATEMENT A. Background Information 1. Give a brief description of the proposed project. 2. Describe the project area, including distinguishing natural and man-made characteristics. 18. ATTACHMENT G ENVIRONMENTAL ASSESSMENT STATEMENT g.. A s scsF.ment of 'Environmental Impact Answer the following questions by placing a check in the appropriate space. , 5pccrflc Questions 1 Does the project significantly change the present use of the project area? (See Notes). 2. Does the project alter any unique, natural or man made features? 3. Does the project effect the conservation of any natural or scenic resources or scarce natural resources? 4. Does the project alter the biological habitat of flora, fauna or endangered species? 5. Does the project alter or change existing features of any ocean, beach, estuary, bay, or tidelands? b. Does the project alter the land form of:topography in excess of 25 percent? 7. Will the project contribute to increase flooding? 8.. Will the project increase the possibility of erosion or sedimentation? 9. Dods the project involve any geological hazards? 10. Will the projectincrease the possibility of earth slippage? 11. Will the project contribute adversely to the quality of air? 12. Will the project effect the use of existing or proposed recreational areas? 13. Will the project effect areas of historic archaeological or aesthetic value? (See Notes). Yes No 14. Will the project. accelerate the development of adjoining non -urban areas? (See Notes). 15. Will thc project tax thc City's or other agency's ability to provide necessary facilities? 16. Will the project require' any variance from existing environmental stan`..ards (air, water, noise)? 19. ATTACILNENT G. ENVIRONMENTAL ASSESSMENT STATEMENT • Assessment of Environmental Impact (Continued) 17. Will the project alter the character of existing communities? (See Notes). 18. Is the land use proposed by the project compatible with existing plans, programs, and policies? 19. Will the project require a change in zone, adopted community or general plan? 20. Does the project require any variation from existing codes and ordinances? 21. Will the project significantly change the average population density of the community? Yes No 22. -Will the project alter the life style of the community? 23. Will the project result in overcrowding, a lack of privacy for adjoining development within the community? 14. Will the project alter or eliminate views? 25. Will the project alter or limit access to public -facilities or recreational resources? 26. Will the project effect existing transportation systems? 27. Will the project effect existing utility networks? • 28. Will the project effect the existing community facilities or City services? •.• - 29. Does the project involve the demolition or removal of existing improvements? 30. Does the project alter or improve the employment base of the community? 31. Could the project significantly affect the potential use, extraction, or conservation of a scarce natural resource? (See Notes). 32. Arc any of the natural or man—made features in the project area unique, that is not found in other parts of the City, County, State, or nation? (See Notes) 20. 1. Does the arc a? ATTACI •SENT G ENVIRO:� IE v'TAL ASSESSMENT STATES NT EXPLANATORY NOTES project si.r.nificantly chan+te present: uses of ;`.t:,• project - The project area includes the immediate location of the project as well as more remote areas that may be directly or indirectly by construction and/or operation 'of -the project. affected 13. Will the project affect areas of historical, archaeolonical or aesthetic value; - The setting of such sites includes surrounding areas, the nature of which are important to the understanding and enjoyment of the site itself.- 14. Will the project accelerate the development of adjoining non -urban areas? - Examples include the introduction of facilities such as streets, roads, water mains or sewerage lines in such a manner as to facilitate development or intensification of the use of an area. 17. Will the Project alter the character of existing communities? Examples include but are not limited to: • - Changes in traffic patterns f� Effects on access within the community to commercial establishments, ;. schools, parks, etc. - Introduction of activities not presently found within the community 31. Could the nroiect sienificantly affect the potential use, extraction, or conservation of a scarce natural resource? Examples include,.but are not limited to: 4; • Developments which effectively preclude the extraction of the regions rock, sand, gravel, or other mineral resources. - Uses which effectively preclude the multiple use of regional natural resources in scarce supply. - Activities which tend to diminish the supply or availability of regional natural resources that are in scarce supply. 32. Are any of the natural or man-made features in the project area unique, Chat is, not found in ether parts of the City, County, State, or Nation? - Unique features include those areas, structures, biological phenomena, etc., that exhibit distinguishing characteristics not found in other areas, or only in a small number of other areas. Such features can be either good or bad for human health, safety, comfort, or convenience. 21. i1 is C. ATTACHMENT G ENVIRONMENTAL ASSESSMENT STATEMENT Statement of No Significant Environmental Effects If you have answered yes to one or more of the questions in Section II, but still think the project will have no significant environmental effects, indicate your reasons below. D. Additional Data 1. If there are any Army Corps of Engineer or other Governmental Agency public notices or permit numbers applicable to this project, cite them and give dates. 2. Estimate the amount of grading in cubic yards. 3. Estimate the percentage alteration of land form. 4. What are the maximum heights of man-made slopes, etc. I hereby acknowledge that the above Environmental Assessment Form is true and accurate to the best of my knowledge. Date. Signed Permit Applicant DO NOT WRITE BELOW THIS LINE IIt has been determined by the Environmental Impact Committee that the pro- ject will be routine because it will not have significant environmental effects. It has been determined by the Environmental Impact Committee that the pro- ject could/would have significant environmental effects. An environmental impact statement will have to be prepared. Date Signed Chairman, Environmental Impact Committee 22. ATTACHMENT H RESPONSIBILITY FOR PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS The Planning Department will prepare Environmental Impact Statements for: (1) Subdivisions (2) Conditionsl Use Permits (3) Planned Development Permits (4) Zonings (5) Rezonings (6) Lot Splits (7) Zone Reclassifications (8) Annexations The City Council has previously assigned the Planning Department with the responsibility for preparing Environmental Impact Statements for Public projects. Hereafter, the Planning Department will also be responsible for preparing Environmental Impact Statements for private projects. However, it shall be the responsibility of the City Department having jurisdiction for the issuance of grading permits, curb cuts, sign erection per- mits, etc., to supply the required technical data for preparing such Environmental Impact Statements to the Planning Department. 23. ATTACHMENT I SCOPE AND CONTENT OF ENVIRONMENTAL IMPACT STATEMENTS The California Legislature has amended,Section 21151 of the California Re- sources Code as follows: "The legislative bodies of all cities and counties which have an officially adopted conservation element of a general plan shall make a finding that any project they intend t.o carry out, which may have a sig- nificant effect on the environment, is in accord with the conservation element of the general plan. All local agencies shall make an environmental impact report on any project they intend to carry out which may have a significant effect on the environment. Federal and California legislation (Section 21100, Public Resources Code) requires that the following topics be covered in the preparation of Environ- mental Impact Statements: (a) The environmental impact of the proposed action; (b) Any adverse environmental effects which cannot be avoided if the proposal is implemented; (c) Mitigation measures proposed to minimize the impact; d) Alternatives to the proposed action; (e) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; (f) Any irreversible environmental changes which would be involved if the proposed action should be implemented; (g) The growth -inducing impact of the proposed action; and (h) The boundaries of the area which may be significantly affected by the proposed action. (The boundaries are to be determined by the legislative body at a public hearing.) 24. ATTACIIMENT J SCHEDULE FOR PROCESSING PERMIT APPLICATIONS 1. A permit application is filed with the Department having the jurisdiction over issuing the permit. 2. The permit application is processed according to existing regulations. 3. Permits for trivial projects will be issued if they are in compliance with existing regulations. 4. All other permit applications require an additional Environmental Assessment Statement to be completed and submitted to the Planning Department by the permit applicant. 5. All permit applications (except trivial), plans and Environmental Assessment Statements shall be submitted to the Environmental Impact Committee for review. 6. The Committee will evaluate the Environmental Assessment Statements. 7. Their findings shall be based upon this evaluation to determine whether the project is trivial, routine or significant. 8. All development projects that the Committee determines to be trivial or routine will be cleared for the issuance of permits by the appropriate City Department. A copy of these permit applications and attached Environmental Assessment Statements will be kept on file as a negative declaration in the Planning Department. 9. City Departments will continue to issue these permits provided a waiver form is signed by the applicant. The waiver form simply states that they, the applicant, are aware of the conditions which require Environmental Impact Statements and that they believe no such conditions apply to their development project. 10. All development projects that the Committee determines are significant will require preparation of Environmental Impact Statements. In such cases the Committee shall forward the application to the Planning Department for pro- cessing. 11. Permit applicants whose projects require Environmental Impact Statements must post a fee with the City Treasurer in the amount determined by the City Manager. Evidence that this fee has been posted must be presented by the applicant to the Planning Department before the Environmental Impact State- ment can be prepared. 12. Upon receipt of such permit applications, the Planning Department will pre- pare a proposed Environmental Impact Statement according to established guidelines. 25. ATTACHMENT J SCHEDULE FOR PROCESSING PERMIT APPLICATIONS 13. Prior to completing the proposed Environmental Impact Statement, the Planning Department shall consult with, and obtain comments from, any pub- lic agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. 14. Environmental Impact Statements containing matters of regional significance may be forwarded to the County Environmental Development Agency or Compre- hensive Planning Organization for evaluation by a Regional Review Committee. All local, state and federal jurisdictions with an interest in the project, will be given an opportunity for input through established regional review procedures. 15. The proposed Environmental Impact Statement shall be accompanied by the Planning Department's recommendations for the issuance or denial of subject permit. 16. The proposed Environmental Impact Statement and staff recommendation are then referred to the Planning Commission for a public hearing. 17. A copy of the completed Environmental Impact Statement shall be mailed to the applicant, all agencies that may have an interest in the proposed Environmental Impact Statement and all agencies that have submitted infor- mation for the completion thereof. 18. Notice of public hearing for any proposed Environmental Impact Statement shall be given in the manner specified. by Sections 65854 through 65858 of the overnment Code. 19. All objections to the proposed Environmental Impact Statement must be in writing. The Planning Department will receive all such written objections concerning the content of the proposed Environmental Impact Statement. These written objections will be reviewed by the Planning Commission at the time of the public hearing. 20. At the public hearing, the Planning Commission will review the proposed Environmental Impact Statement and the Planning Department recommendation and all written objections on file, and shall either: 1. Approve the Environmental Impact Statement and recommend to the City Council that it be adopted and that permits be issued, or 2. Approve the Environmental Impact Statement and recommend denial on the issuance of the permit, or 3. Refer back to staff. (In all cases the Planning Commission may incorporate written objections filed with them into the Environmental Impact Statement.) 21. When the Planning Commission recommends action on an Environmental Impact Statement, City Council will advertise notice of public hearing in the manner specified by, Sections 65854 through 65858 of the Government Code. 26. ATTAC1INENT J SCHEDULE FOR PROCESSING PERMIT APPLICATIONS 22./ At the public hearing, the 'City CouncL1 will review the Planning Commission recommendations. The action of the City Council thereon shall be: 1. Adopt the proposed Environmental Impact Statement and direct issuance of the permit, or 2. Adopt the proposed Environmental Impact Statement and direct denial of issuance of the permit, or 3. Refer back to staff and/or Planning Commission. 23. All permits issued hereunder shall incorporate specific accommodation of all the mitigations stipulated in the Environmental Impact Statement. 24. All costsexceeding the original estimate for preparation of the Environ- mental Impact Statement must be paid by the proponent of the project prior to the issuance of the requested permit. Any surplus fees may be refunded by the City Council upon request of the applicant. 25. Copies of all Environmental Impact Statements and relevant attachments will be permanently filed with the Planning Department. 27. ATTACHMENT K PROPOSED PERFORMANCE BONDING It is felt at this time that the most.logical manner in which to enforce the mitigations incorporated in the Environmental Impact Statement would be by a bonding procedure. In order to proceed in this fashion, the City Council would have to adopt an enabling ordinance. For enforcing the above requirements, the City Council ordinance should include provisions for requiring performance bonding. Bond amounts would be set, in advance, in the amount of the estimated cost of the pertinent work. At the time the permit applicant pays for his permit, he would also be re- quired to post this bond. Bond monies paid will be refundable upon completion of subject improvements, upon recommendation from the Planning Department, and approval by the City Council. 28, ATTACHMENT L FEE SCHEDULE FOR THE PREPARATION OF THE ENVIRONMENTAL IMPACT STATEMENT In cases where the Environmental Impact Committee has determined that the proposed development project will have a significant effect on the environment, a fee will be charged for the preparation of the Environmental Impact Statement. The City Manager will make an estimate of actual cost to the City for the prepa- ration of said statement and the proponent of said development project will be required to pay a fee in the amount of this estimate prior to the preparation of the Environmental Impact Statement. Costs exceeding the original estimate must be paid by the proponent of the project prior to the issuance of the requested permit. Note: There will be no such fees required for development projects not requiring Environmental Impact Statements. 29..