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Correspondence
ORDINANCE NO. 7803 OF THE TRUCKEE-DONNER PUBLIC UTILITY DISTRICT ADOPTING LOCAL GUIDELINES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 BE IT ENACTED by the Board of Directors of the Truckee-Donner Public Utility District as follows: Effective with the effective date of this Ordinance, those pro- visions of Resolution No. 7307 and any and all prior ordinances or resolu- tions that conflict with the provisions of this Ordinance are hereby revoked. BE IT FURTHER ENACTED that the Local Guidelines Implementing the California Environmental Quality Act of 1970, as amended, Marked Exhibit "A" attached hereto, and made a part hereof, be adopted. This Ordinance shall become effective April 1 , 1978 The clerk of the District shall immediately cause a copy of this Ordinance to be published once in the local newspaper and copies shall be posted in at least three (3) public places within the District. ^ PASSED AND ADOPTED by the Board of Directors of the Truckee-Donner Public Utility District at a regular meeting thereof duly called and held in the District on the 21st day of February 1978, by the follow- ing roll call vote: AYES: Huber Kuttel Maass , NOES: None , ABSENT: Sutton TRUCKEE-DONNER PUBLIC UTILITY DISTRICT By: PAT S N, President ATTEST: Milton ey ou Clerk Thereof ass LOCAL GUIDELINES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Denotes State Guidelines ARTICLE I - GENERAL Section Section l . l . Purposes. These Guidelines implement the purposes and provisions Sec. of the California Environmental Quality Act, being Public Resources Code Sec- 15001 , tions 2100 et seq. , and the Guidelines for implementation of the Act which have 15005 and been adopted by the California Secretary for Resources (hereinafter referred to 15022 as "State Guidelines'') . The enhancement and long-term protection of the environ- mental and the encouragement of public participation in achieving these goals are objectives of these local Guidelines. 15012, Section 1 .2. Objectives. From time to time and under circumstances as outlined 15013, by these Guidelines, environmental documents must be prepared as a prerequisite 15075(b) to approval of a project. When required, such documents should be prepared as early as is feasible in the planning process for a proposed project in order to enable environmental considerations to influence project conceptualization, pro- gramming, and design and to assure full consideration of environmental constraints and opportunities before project plans are finalized. The function of such docu- ments is to inform the Commission and the public of the environmental effects of proposed projects. The intent of the environmental process is to enable the Dis- trict to evaluate projects to determine whether they may have a significant ef- fect on the environment, to examine and institute methods to reduce adverse im- pacts and to consider alternatives to projects as proposed. The environmental effects set forth in environmental documents are to be evaluated by the Commis- sion before a project is approved. The Commission retains authority to balance environmental objectives with economic, social , and other relevant objectives of the proposed project, but should, as a result of information contained in environmental documents, establish requirements or conditions on project design, construction, or operation in order that the environment may be protected or en- hanced. ARTICLE If - DEFINITIONS 15020 Whenever the following terms are used in these Guidelines, they shall have the following meanings unless otherwise expressly defined: 15021 Section 2. 1 . Approval means a decision by the District which commits it to a definite course of action with regard to a particular project. As respects any project to be undertaken directly by the District, approval shall ordinarily take the form of legislative action in regard to a project. The time of such action may vary from project to project according to the circumstances pursuant to which the project is undertaken. As respects private projects defined in paragraphs (2) and (3) of Section 2.23A, approval shall be deemed to occur upon the earliest commitment to issue, or the issuance by the District of a discretionary contract, grant, subsidy, loan, or other form of financial as- sistance, lease, permit, license, certificate, or other entitlement for use of the project. For purposes of these Guidelines, the environmental process must be completed as of the time of project approval . 15023 Section 2.2 Categorical Exemption means an exemption from the requirement of preparing a Negative Declaration or an EIR even though the proposed project -1- is discretionary in nature, all as more particularly described in Section 3.5. 15050(c) (11) Section 2.3. District means the Truckee-Donner Public Utility District. Section 2.4. District Staff means the General Manager or Administrator and/or his designee, and any other person or persons designated by the Commission. Section 2. 5. Commission means the Planning Commission except where a matter �- is subject to appeal to the Board and is in fact appealed to the Board, in which case "Commission" means the Board. Section 2.6. Board means the Board of Directors of this District. 15023.5 Section 2.7. Cumulative Impacts mean two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. Such individual impacts may be changes result- ing from a single project or a number of separate projects. 15024 Section 2.8. Discretionary Project means a project, approval of which re- quires the exercise of independent judgment, deliberation or decision-making on the part of the District. 15025 Section 2.9. Emergency means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrence such as riot, accident, or sabotage. 15026 Section 2. 10. Environment means the physical conditions which exist in the area which will be affected by a proposed project including land, air, water, minerals, flora, fauna, ambient noise, objects of historic or aesthetic sig- nificance. Section 2. 11 . Environmental Documents means draft and final EIRs, initial studies, Negative Declarations, Notices of Completion and Notices of Deter- 15026.5 mination. 15027 Section 2. 12. EIR means a detailed statement setting forth the matters specified in Section 21100 of the Public Resources Code as more particularly described hereinafter in Section 7.3 . 15028 Section 2. 13. EIS--Environmental Impact Statement means an EIR prepared pursuant to the National Environmental Policy Act (NEPA) 15029 Section 2. 14. Feasible means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, en- vironmental , social , and technological factors. 15029.5 Section 2. 15. Initial Study means a preliminary analysis prepared by the District pursuant to Article V to determine whether an EIR or a Negative Declaration must be prepared for a project. 15029.6 Section 2. 16. Jurisdiction by Law. A. Jurisdiction by law means the authority of any public agency to: (1) Grant a permit or other entitlement for use, (2) Provide funding for the project in question, or (3) Exercise authority over resources which may be affected by the project in question. B. In addition to other public agencies having jurisdiction by law over District projects, the following counties have jurisdiction by law over -2- e?7� District projects: (1) The county in which the project site is located. (2) The county in which the major environmental effects of the project will occur. (3) The county in which reside those citizens most direct- ly concerned with the major environmental effects of the project. C. Where an agency having jurisdiction by law must exercise discretionary authority over a project in order for the project to proceed, such agency is also a responsible agency or the lead agency with respect to the project. Sec. 15030 Section 2. 17. Lead Agency means the public agency which has the principal responsibility for preparing environmental documents and for carrying out or approving a project which may have a significant effect on the environ- ment where more than one public agency is involved with the same underlying activity. Sec. 15033 Section 2. 18. Negative Declaration means a written statement by the lead agency briefly describing the reasons that a proposed project, although not otherwise exempt, will not have a significant effect on the environment and therefore does not require the preparation of an EIR. Sec. 15034 Section 2. 19. Notice of Completion means a brief notice filed with the Sec- retary for Resources by the District after it has completed a draft EIR and is prepared to send out copies for review. Sec. 15035 Section 2.20. Notice of Determination means a brief notice to be filed by the District when it approves or determines to carry out a project which is ,._. subject to the requirements of CEQA. Section 2.21 . Notice of Exemption means a brief notice filed with the Clerk of the Board upon District approval of, or determination to carry out, a Sec. 15035.5 ministerial , categorically exempt or emergency project. Sec. 15036 Section 2.22. Person includes any person, firm, association, organization, partnership, business, trust, corporation, company, district, county, city and county, town, the State, and any of the agencies or political subdivi- sions of such entity. ; Sec. 15037 Section 2.23. Project. A. Project means the whole of an action which has a potential for resulting in a physical change in the environment, directly or ultimately, that is any of the following: (1) an activity directly undertaken by the District; (2) an activity undertaken by a person which is supported in whole or in part through contracts , grants, subsidies, loans, or other forms of assistance from the District; or (3) an activity involving the issuance by the District to a person of a lease, permit, license, certificate, or other i-- entitlement for use. B. Project does not include: (1) anything specifically exempted by state law; (2) proposals for legislation to be enacted by the State Legislature; (3) continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, -3- 0 T a8i general policy and procedure making (except as they are applied to specific instances covered above) , feasibility or planning studies; or (4) the submittal of proposals to a vote of the people of the state or of a particular community, e.g. , of the District or of a zone or area within the District. C. The word "project"refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The word "project" does not mean each separate governmental approval . Sec. 15039 Section 2.24. Responsible Agency means a public agency which proposes to carry out a project, but is not the lead agency for the project. It includes all public agencies other than the lead agency which have approval power over the project. Sec. 15040 Section 2.25. Significant Effect on the Environment means a substantial , or potentially substantial , adverse change in any of the physical conditions within the area affected by the activity, including land, air, water, minerals, flora, fauna , ambient noises, and objects of historical or aesthetic signifi- cance. ARTICLE III -- EXEMPT ACTIVITIES ; Sec. 15037, Section 3. 1 . "No Project" Exemption. Activities which do not fall within 15050(0 the definition of project as set forth in Section 2.23 and activities for (1) (A) which it can be seen with a certainty that there is no possibility that the 15060 activity in question may have a significant effect on the environment do not require the preparation of a Negative Declaration or an EIR and, thus, are outside of the primary scope of these Guidelines. Section 3.2. Feasibility and Planning Studies. Feasibility and planning studies of potential projects undertaken by the District are not within the definition of project as set forth in Section 2.23. Such studies may, how- Sec. 15072 ever, contain considerations of environmental factors incident to the poten- tial project. Section 3.3. Emergency Projects. The following emergency projects do not require the preparation of a Negative Declaration or an EIR and, thus, are outside the primary scope of these Guidelines: �, Sec. 15071 A. Projects undertaken, carried out, or approved by the District to main- tain, repair, restore, demolish, or replace property or facilities damaged !� or destroyed as a result of a 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 j Code. I B. Emergency repairs to any of the District's facilities necessary to main- y tain service. C C. Specific actions necessary to prevent or mitigate an emergency. EjSec. 15032 & Section 3.4. Ministerial Projects. 15073 �• A. Ministerial projects do not require the preparation of a Negative Dec- laration or an EIR and, thus, are outside the primary scope of these Guide- lines. Ministerial projects include activities which are undertaken or ap- proved b a decision which a District administrator or the Board makes upon rl P Y P i` a given state of facts in a prescribed manner in obedience to the mandate of legal authority. With these projects, the administrator or Board must act upon the given facts without regard to his, her, or its own 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 by the administrator or Board. In summary, a ministerial project — involves only the use of fixed standards or objective measurements without personal judgment. i i -4- i3 G I I Sec. 15032, 1 5050(c) (1) (B) 15073(a) B. Ministerial projects include, but are not limited to, individual utility through service connections and disconnections. (c) C. Where a project involves an approval that contains elements of both a Sec. 15073 ministerial action and a discretionary action, the project shall be deemed (d) discretionary. Sec. 15050(c) Section 3.5. Categorical Exemptions. Subject to the qualification set forth (1) (C) , in subsection Q, the following classes of projects, in accordance with and 15100, pursuant to Article 8 of the State Guidelines, have been determined not to 15,LW. 1 have a significant effect on the environment, and therefore are declared to be categorically exempt from the requirement of preparing a Negative Declara- tion or an EIR. The categorical exemptions listed herein are not intended to be, and are not to be construed to be, a limitation on the categorical ex- 15100.4 emptions set forth in Article 8 of the State Guidelines nor are they to be construed as a finding that the activity listed is discretionary, as opposed to ministerial , in nature. Sec. 15101 A. Class I : Existing Facilities. Class I consists of the operation, repair (Class 1 , maintenance, or minor alteration of all existing District facilities, struc- State tures, equipment, or other property of every kind if such activity involves Guidelines) negligible or no expansion of use beyond that previously existing, including but not limited to: ( 1) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; (2) Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; (3) Street improvements and conveyance facilities, including pipelines, conduits and service facilities ; (4) Service connection facilities, including all appurtenances; (5) Public safety facilities; (6) Storage reservoirs, ponds , disposal areas; (7) Pump stations; (8) Buildings and structures; and (9) Treatment plants and waste disposal facilities. Sec. 15102 B. Class II : Replacement or Reconstruction. Class II consists of replace- (Class 2, ment or reconstruction of any District facilities, structures, or other prop- State erty where the new facility or structure will be located on the same site as Guidelines) the replaced or reconstructed facility or structure and will have substan- tially the same purpose and capacity as the replaced or reconstructed facil- ity or structure, including but not limited to: ( 1) Street improvements and conveyance facilities, including pipelines, conduits and service facilities; (2) Service connection facilities, including all appurtenances; (3) Public safety facilities; (4) Storage reservoirs, ponds, disposal areas; (5) Pump stations; (6) Buildings and structures; and (7) Treatment plants and waste disposal facilities. Sec. 15103 C. Class III : New Construction of Small Structures. Class III consists of (Class 3, construction and location of single, new, small facilities or structures and State installation of small new equipment including but not limited to: Guidelines) -5- local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for the protection of the environment. Construction activities are not included in this exemption. 15108 H. Class VIII : Actions for Protection of the Environment. Class VIII (Class 8, consists of actions taken by the District as authorized by state law or State local ordinance to assure the maintenance, restoration, or enhancement of Guidelines) the environment where the regulatory process involves procedures for the r— protection of the environment. Construction activities are not included in this exemption. I . Class IX: Inspection. Class IX consists of inspection activities, 15109 including but not limited to inquiries into the performance of an operation (Class 9, and examination of the quality, health, or safety of a project. State Guidelines) J. Class X: Accessory Structures. Class X consists of the construction or placement of minor structures accessory to or appurtenant to existing com- 15111 mercial , industrial , or institutional facilities, including but not limited (Class 11 , to: State Guidelines) (1) On-premise signs; (2) Small parking lots. 15112 K. Class XI : Surplus Property. Class XI consists of sales of surplus (Class 12, District personal or real property, except for parcels of land located in State an area of statewide interest or potential area of critical concern as Guidelines) identified in the Governor's Environmental Goals and Policy Report prepared pursuant to Government Code Sections 65041 et seq. However, if the surplus property to be sold is located in those areas identified in the Governor' s Environmental Goals and Policy Report, its sale is exempt if: (1) The property does not have significant values for wildlife habitat or other environmental purposes, and (2) Any of the following conditions exist: (a) The property is of such size or shape that it is incapable of independent development or use, or (b) The property to be sold would qualify for an exemption un- der any other class of categorical exemption in these guidelines, or (c) The use of the property and adjacent property has not changed since the time of purchase by the District. 15113 L. Class XII : Acquisition of Lands for Wildlife Conservation Purposes. (Class 13, Class XII consists of the acquisition of lands for fish and wildlife con- State servation purposes, including preservation of fish and wildlife habitat, Guidelines) establishing ecological reserves under Fish and Game Code Section 1580 and preserving access to public lands and waters where the purpose of the ac- quisition is to preserve the land in its natural condition. M. Class XIII : Minor Additions to Schools. Class 14 consists of minor 15114 additions to existing schools within existing school grounds where the ad- (Class 14, dition does not increase original student capacity by more than 25 percent State or five classrooms, whichever is less. The addition of portable classrooms GuLj elInes) is included in this exemption. N. Class XIV: Transfer of Ownership of Land in Order to Create Parks. 15116 Class XIV consists of the acquisition or sale of land in order to establish (Class 16, a park where the land is in a natural condition or contains historic sites State or archaeological sites and either: Guidelines) (1) The management plan for the park has not been prepared, or (2) The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological site. This -7- exemption does not apply when a management plan is proposed that will change the area from its natural condition or significantly change the historic or archaeological site. 15117 0. Class XV: Open Space Contracts or Easements. Class XV consists of (Class 17, the establishment of agricultural preserves, the making and renewing of State open space contracts under the Williamson Act, or the acceptance of ease- Guidelines) ments or fee interests in order to maintain the open space character of the area. The cancellation of such preserves, contracts, interests or easements is not included. P. Class XVi : Designation of Wilderness Areas. Class XVI consists of the designation of wilderness areas under the California Wilderness sys- 15118 tem. (Class 18, State Q. Class XV11 : Annexations of Existing Facilities and Lots for Exempt uidelines) Facilities. Class XVII consists of: (1) Annexations to the District of areas containing existing public 15119 or private structures developed to the density allowed by the current (Class 19, zoning or pre-zoning of the appropriate city or county, whichever is State more restrictive, provided, however, that the extension of utility Guidelines( services to the existing facilities would have a capacity to serve only the existing facilities. (2) Annexations of individual small parcels of the minimum size for facilities exempted by Section 3.5C, New Construction of Small Structures. R. Class XVIII : Changes in Organization of Local Agencies. Class XVIII 15120 consists of changes in the organization or reorganization of local govern- (Class 20, mental agencies where the changes do not change the geographical area in State which previously existing powers are exercised, including but are not limit- Guidelines) ed to: (1) Establishment of a subsidiary district. (2) Consolidation of two or more districts having identical powers. (3) Merger with the District lying entirely within the boundaries of the District. 15100.2 S. Exceptions. The above categorical exemptions are inapplicable when the cumulative impact of successive projects of the same type in the same place over time is significant. In addition, Classes III through VI and Class X do not apply where the project may impact on an environmental resource of hazardous or critical concern where such resource has been designated, pre- cisely mapped and officially adopted pursuant to law by federal , state, or local agencies. Section 3.6. Initial Review for Exemptions. 15013 A. Preliminary Review. As early as is feasible in the planning process, a proposed activity shall be examined by the District's staff for the purpose of determining whether it is an exempt activity described in this Article or whether it involves another agency which constitutes the lead agency pri- marily responsible for the carrying out of the project as described in Article IV. B. Staff Finding of No Exemption. It if the judgment of the District's staff the proposed activity does not fall within one of the categories described in subsection A it shall proceed with the project evaluation process as outlined in Article V. Any person proposing to undertake an activity may present his objection to the staff's determination to the Board at its next regular or special meeting. C. Staff Finding of Exemption. If in the judgment of the District's staff, a proposed activity does fall within one of the categories enumerated in sub- section A, it shall so find on a form entitled Preliminary Environmental As- sessment, a copy of which is attached hereto as Exhibit "A." -8- D. Retention of Preliminary Environmental Assessment; Availability for Inspection. The Preliminary Environmental Assessment shall be retained in the District office as part of its usual recordkeeping process and shall be made available for public inspection during all regular District office hours. Except as otherwise may be determined by the Commission, the date of completion and signing of the Preliminary Environmental Assessment by the District's staff shall be deemed to constitute the date of approval of the exempt activity. Section 3.7. Notice of Exemption. A. Preparation. Upon completion and signing of a Preliminary Environmental Assessment for a ministerial , categorically exempt or emergency project, the 15uS5.5, District's staff or the project's applicant may prepare a Notice of Exemption 15074(a) on a form attached hereto as Exhibit "B" which Notice shall contain the fol- 15074(b) lowing: (1) A brief description of the project; (2) A finding that the project is exempt, including a citation to the State Guidelines section under which it is found to be exempt; and (3) A brief statement of reasons to support the findings. i In the event that the Notice of Exemption is prepared and filed by a project applicant r ther than the District's staff, such Notice shall have attached to it a certified copy of the Preliminary Environmental Assessment prepared by the District's staff or other certified document or record of the Dis- trict stating that the District has found the project to be exempt. 15050(c) (9) B. Place of Filing. Upon completion of the Notice of Exemption it shall be 15074(d) filed with the county clerk of the county or counties in which the project is located and in the District office where it shall be available for public inspection. ARTICLE IV -- LEAD AGENCY DETERMINATION Section 4. 1 . Staff Determination of Lead Agency. Upon a determination that 15065 a proposed activity is discretionary in nature and is not otherwise exempt, consideration shall be given by the District's staff as to whether the Dis- trict or another public agency is responsible for preparation of environ- mental documents for the project and is therefore, the lead agency. The District's staff shall consider, among others, the following factors re- lating to the lead agency principle: A. The lead agency is the public agency with the greatest responsibility for supervising or approving the project as a whole. B. If the project is to be carried out by a nongovernmental person, the lead agency shall be the public agency with the greatest responsibility for supervising or approving the project as a whole. The lead agency will gen- erally be the agency with general governmental powers rather than an agency with a single or limited purpose which is involved by reason of the need to provide a public service or public utility to the project; such as the Dis- trict; in such cases , the District will , upon request, provide data concern- ing all aspects of its activities required to furnish service to the project to the agency drafting the environmental documents, and no separate environ- mental documents wi-1 be required in regard to such activities. Under this principle whenever any property to be served by the District requires a change in zoning, conditional use permit, variance, subdivision or tract approval or other land use permits or entitlements, the governmental agency responsible therefor will ordinarily be the lead agency. C. Where more than one public agency equally meet the criteria set forth in subsection B, the agency which is to act first on the project in question shall be the lead agency (following the principle that the environmental im- pact should be assessed as early as possible in governmental planning.) D. Where the provisions of subsections A through C leave the District and one or more other agencies with a substantial claim to be the lead agency, -9- ..2r-s- (1) Service extensions to serve the following newly constructed structures: (a) Single family residences not in conjunction with the building of two or more such units; (b) Motels, apartments, and duplexes designed for not more than four dwelling units if not in conjunction with the build- ing of two or more structures; (c) Stores, offices, and restaurants if designed for an oc- cupant load of twenty (20) persons or less, if not in con- junction with the building of two (2) or more such structures; and (2) All appurtenances, including all auxiliary facilities required to serve such structures. Sec. 15104 D. Class IV: Minor Alterations to Land. Class IV consists of minor al- (Class 4, terations in the condition of land, water and/or vegetation, which do not State involve removal of mature, scenic trees except for forestry or agricultural Guidelines) purposes, including but not limited to: (1) Minor cutting or mowing of grass, weeds, and brush for fire pro- tection and aesthetic reasons; (2) Grading on land with a slope of less than 10 per cent except where it is to be located in a waterway, 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; (3) New gardening or landscaping; (4) Filling of earth into previously excavated land with material com- patible with the natural features of the site; (f) Minor alterations in land, water and vegetation on existing of- ficially designated wildlife management areas of fish production facilities which result in improvement of habitat for fish and wild- life resources or greater fish production; (6) Minor temporary uses having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees and similar uses; (7) Minor trenching and backfilling where the surface is restored; (8) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies; (9) Small , inconspicuous structures, improvements and facilities. Sec. 15105 E. Class V: Alterations in Land Use Limitations. Class V consists of (Class 5, minor alterations in land use limitations, except zoning, including but State not limited to: Guidelines) (1) Minor lot line adjustments, side yard and set back variances not resulting in the creation of any new parcel nor in any change in land use or density; (2) Issuance of minor encroachment permits. i Sec. 15106 F. Class VI : Information Collection. Class VI consists of basic data (Class 6, collection, research, experimental management and resources evaluation State activities which do not result in a serious or major disturbance to an Guidelines) environmental resource. These activities may be undertaken strictly for information gathering purposes or as part of a study leading toward the undertaking of a project. 5ec. 15147 G. Class V11 ; Actions for Protection of Natural Resources. Class VII (Class 7, consists of actions taken by the District as authorized by state law or State 3uidelines) -6- the District may, by agreement with such other agency or agencies, designate which agency will be the lead agency and may, in such agreement, provide for cooperative efforts by contract, joint exercise of power, or similar device. E. The Office of Planning and Research will resolve disputes among public agencies as to which is the lead agency. 15061 (c) Section 4.2. State Assisted or Approved Projects. Where a project is to be 15061 (f) undertaken by the District but requires state approval or financial assistance, the state agency involved ordinarily will require the District to prepare the environmental documents and to submit such documents with the request for ap- proval of the proposed project. If the District thereby, or through its own initiative, becomes responsible for preparing such documents, the District is the lead agency for the project, and the procedures set forth in these Guidelines relating to project evaluation and preparation of environmental documents, including the filing of a notice of determination for the proposed project, are applicable. 15080(a) Section 4.3. Federally Assisted or Approved Projects. Where a project is to 15063(b) be undertaken by the District but requires Federal approval or financial as- sistance, the Federal agency involved ordinarily will undertake an environ- mental evaluation of the project and may or may not request District prepara- tion of environmental documents. Since the Federal agency documents are in satisfaction of National Environmental Protection Act requirements, the Dis- trict remains obligated under California Environmental Quality Act to prepare environmental documents for the project and is therefore the lead agency for the project. The District may, however, adopt all or any part of the Fed- eral agency environmental documents, including initial studies, in preparing District environmental documents, provided that the final environmental doc- uments of the District comply with these Guidelines (in particular, that District EIRs contain discussions of growth-inducing impacts, paragraphs (3) and (7) of Section 7.30 and provided that the District satisfies procedures required by these Guidelines, including the filing of a notice of determina- tion for the proposed project. Section 4.4 Staff Finding that District is Lead Agency. If, in the judg- ment of the District's staff, the project does not involve another public agency which is the lead agency,g y, it shall proceed with the project evalua- tion process as outlined in Article V, provided, however, that where other Public agencies will have authority for approving or carrying out the pro- ject, the District's staff shall consult with such other agencies in the preparation of all environmental documents for the project. Any person proposing to undertake a project as defined in paragraphs (2) or (3) of Section 2.23A (i .e. , a private project) may present his objections to the staff's determination to the Commission at its next regular or special meeting. 15064 Section 4.5. Staff Finding that Another Public Agency is Lead Agency. If, 15065(e) in the judgment of the District's staff, the project does involve another 15065.5 public agency which is the lead agency, it shall so find and shall designate 15085(j) the lead agency on the aforementioned Preliminary Environmental Assessment. 15161 (a) No further environmental assessment shall be necessary unless otherwise re- 15161 (c) quired by the Commission or unless the District's staff finds that the lead agency did not prepare any environmental documents for the project and the statute of limitations has expired for a challenge to the action of the appropriate lead agency. If the District's staff makes the aforesaid find- ings, the District shall assume environmental responsibilities of a lead agency for the project. ^— Section 4.6. District's Duties as Responsible Agency; In General . Whenever a determination is made that another public agency constitutes the lead I agency for undertaking or approving a project, the District' s staff shall , 15064 upon written request of the lead agency, provide data concerning all aspects of the District' s activities required in relation to the project and shall provide written comments ( including an explanation for the basis of the com- ment and, where possible, date and references in support of the comments) upon environmental documents submitted by the lead agency to the District for review. In addition, prior to approving the project, the Commission shall consider the lead agency' s EIR or Negative Declaration on the project and shall certify that it has reviewed and considered the information con- tained in such document. -10- 15090 Section 4.7. District's Duties as Responsible Agency; Mitigation. Where an EIR has been prepared for a project for which the District is a respons- ible agency and where such EIR indicates significant effects of activities which the District will carry out or approve that are involved in such pro- ject, the District's staff shall assure that such effects are mitigated or avoided whenever it is feasible to do so. 15050(c) (2) ARTICLE V -- INITIAL STUDY PROCEDURES Section 5. 1 . Undertaking of Initial Study; By Whom; Submission of Data; Costs, Time of Undertaking. Upon a determination that a project is dis- cretionary and is not otherwise exempt, and that the District is the lead agency for the project, an initial study shall be undertaken for the pur- 15080 pose of ascertaining whether the proposed project may have a significant effect on the environment unless the District's staff can determine with- out such a study that any aspects, considered individually or cumulatively, of the project may cause a significant effect on the environment. In such event, an EIR shall be prepared for the project, regardless of whether the overall effect of the project is adverse or beneficial . 15080 A. As to projects defined in paragraph (1) of Section 2.23A, the initial study shall be undertaken by the District's staff or by private experts pursuant to contract with the District. 15080 B. As to projects defined in paragraphs (2) or (3) of Section 2.23A, the person or entity proposing to carry out the project shall submit all data and information as may be required by the District's staff in order to pre- pare the initial study. All costs incurred by the District in reviewing the data and information submitted by said person or entity, or in conduct- ing its own investigation based upon such data and information for the pur- pose of determining whether the proposed project might have a significant effect on the environment shall be borne by the person or entity proposing to carry out the project. �^— C. The initial study and subsequent environmental proceedings relating to the proposed project shall be prepared and undertaken as early as is feasible in the planning process in order to enable environmental considerations to 15013 influence the project program and design. The initial study and subsequent environmental proceedings shall , however, be coordinated in a timely fashion with the existing planning, review, and project approval processes being used by the District. j Section 5.2. Scope, Purposes and Contents of Initial Study. 15080(a) A. Scope. In evaluating, in the initial study , whether a project may have 15081 (a) a significant effect on the environment, the District' s staff shall base its 15081 (b) determination, to the extent possible, on scientific and factual data, shall i consider both primary or direct and secondary or indirect consequences of the project and shall consider all phases of project planning, implementa- tion and operation. B. Purposes. The purposes of an initial study are to: (1) Identify environmental impacts; i (2) Enable an applicant to the District or the District itself to modify a project and mitigate adverse impacts before an EIR is written; , (3) Focus an EIR, if one is required, on potentially significant en- vironmental effects; (4) Facilitate environmental evaluation early in the design of a pro- ject; i i (5) Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment; and (6) Eliminate unnecessary EIRs. -11- I C. Contents. An initial study shall be in the form attached hereto as Exhibit "C" and shall contain: (1) A description of the project; (2) An identification of the environmental setting; (3) An identification of environmental effects by use of a checklist, matrix, or other method; (4) A discussion of ways to mitigate the significant effects identi- fied, if any; (5) An examination of whether the project is compatible with applicable existing zoning and plans; and (6) The name of the person or persons who prepared or participated in the initial study. 15081 (c) Section 5.3. Exmaples of Significant Effect. Some examples of consequences which may be deemed to have a significant effect on the environment are con- tained in Exhibit "D" attached hereto and by reference incorporated herein. In most instances, affirmative findings as to any of the effects contained in said Exhibit "D," regardless of whether the overall effect of the project is adverse or beneficial , will require preparation of an EIR. In addition, where there is, or is anticipated to be, a substantial body of opinion that considers or will consider a particular effect to be adverse, an EIR should be prepared. 15082 Section 5.4. Mandatory Findings of Significance. A project shall be found to have a significant effect on the environment if: A. The project has the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, thereaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate improtant examples of the major periods of California history or prehistory. B. The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals; C. The project has possible environmental effects which are individually limited but cumulatively considerable. As used in the subsection, ''cum- ulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. D. The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. 15080(d) Section 5.5 Staff Determination; Environmental Impact Assessment. Upon completion of the initial study, the District's staff shall determine either, A. That the project will not have a significant effect on the environment; t- B. That the project, if modified in accordance with specified mitigation measures set forth in the initial study, will not have a significant effect on the environment; C. That the project may have a significant effect on the environment. D. Members of the public may appear before the Board and present their views prior to the Board's determination under this section. Such determination shall be set forth on the form, entitled "Environmental Impact Assessment," attached hereto as Exhibit "E" and such form, together with the initial study shall be filed in the office of the County Clerk. -12- -z91� 15080(d) Section 5.6. Procedure Required as a Result of Staff Determination. 15083 15084(a) A. If the District's staff makes the finding described in Section 5.5A, it shall immediately prepare a proposed Negative Declaration and otherwise pro- ceed in accordance with the procedures described in Article V1 . B. If the District's staff makes the finding described in Section 5.56, it shall request a determination from the Commission as to whether modification of the project in accordance with the specified mitigation measures should 0— be undertaken. Upon a determination of the Commission that the project should be modified and upon completion of such procedures as may be neces- sary to assure such modification, the District's staff shall prepare a pro- posed Negative Declaration and otherwise proceed in accordance with the procedures described in Article V1 . C. If the District's staff makes the finding described in Section 5.5C, or if it cannot be assured, as specified in subsection B above, that the project will be modified in accordance with the mitigation measures specified, then the District's staff shall immediately prepare or cause to be prepared an EIR in accordance with the procedures described in Article VII . 15080(d) (2) Section 5.7. General Rule as to Modification. A project may be modified or revised by the person or entity undertaking a project described in Sec- tion 2.23A(2) or (3) or by the District if the project is the one described in Section 2.23A(a) , in response to an initial study, in order to mitigate potential adverse effects to a point where no significant impact will occur. In such event, a Negative Declaration, rather than an EIR, shall be required for the project. If the project would still result in one or more signifi- cant effects on the environment after the mitigation measures are added to the project, and EIR shall be required for the project. Section 5.8. Appeal . Any person aggrieved by the determination made by the District's staff pursuant to Section 5.5 may, within ten days following such determination, file with the Commission a request for appeal thereof .-- to the Commission. The Commission shall hear its appeal at its next reg- ular or special meeting and shall not prepare a Negative Declaration or an EIR for the project until such appeal has been heard and determined. 15050(c) (3) ARTICLE VI -- NEGATIVE DECLARATION 15050(c) (5) Section 6. 1 . Proposed Negative Declaration; Prior Consultation. If, upon 15061 (g) completion of the procedures specified in Article V, it is determined that 15066 a Negative Declaration should be prepared for a project, District' s staff 15083 shall first prepare a proposed Negative Declaration. Before completing the proposed Negative Declaration, the District's staff shall consult with all responsible agencies in order to insure that the Negative Declaration will reflect the concerns of such agencies. In addition, any person may submit information to the District's staff to assist in the preparation of the Negative Declaration. Such information may be submitted in any format. District's staff may include such information in the Negative Declaration if it subjects the information to its own independent evaluation and analysis. 15061 (b) Section 6.2. Content and Form of Negative Declaration. 15083(c) A. Contents. A Negative Declaration shall be a concise, statement con- taining the following information: (1) A brief description of the project, including a community used name for the project, if any; (2) The location of the project and the name of the project proponent; (3) A finding that the project will not have a significant effect on the environment; (4) An attached copy of the initial statement documenting reasons to support the finding; and (5) A statement of mitigation measures, if any, included in the project to avoid potentially significant effects. -1 3- zevl B. Form. The Negative Declaration should normally not exceed one page in length. A copy of the form of Negative Declaration is attached hereto marked Exhibit "F." 15050(c) (9) Section 6.3. Filing of Negative Declaration. Upon completion of a proposed 15083(c) Negative Declaration, the District' s staff shall cause a copy of the proposed Negative Declaration with the initial study attached thereto to be filed at the office of the County Clerk, and to be available for public inspection. Section 6.4. Notice of Proposed Negative Declaration. District's staff shall mail or personally deliver a copy of a Notice of Proposed Negative Declaration in the form attached hereto as Exhibit "G" to the project applicant, if any, and to all persons and organizations who have requested such notice. In addi- tion, District's staff shall give public notice of the proposed Negative Dec- laration by at least one of the following procedures: A. By publication of a copy of the Notice of Proposed Negative Declaration once in a newspaper of general circulation in the area affected by the pro- posed project; B. By posting of a copy of the Notice of Proposed Negative Declaration on, and within twenty (20) feet off of, the site of the proposed project; or C. By mailing a copy of the Notice of the Proposed Negative Declaration to owners of property contiguous to the site of the proposed project as their names and addresses are shown on the last equalized assessment roll of the County in which the project is located. Mailings undertaken pursuant to this Section shall be by first class mail , postage prepaid. 15050(c) (5) Section 6.5. Comments from Agencies Having Jurisdiction by Law. Following 15050(c) (6) the filing of the proposed Negative Declaration at the District's office, 15066 the District's staff shall consult with and seek to obtain comments from agencies having jurisdiction by law and should consult with the persons hav- ing special expertise with respect to any environmental impact involved. Section 6.6. Commission Approval or Disapproval of Project. Following the 15050(c) (6) filing of the Negative Declaration in the District's office and the completion 15050(c) (7) of procedures specified in Sections 6.4 and 6.5, but in no event sooner than 15050(c) (8) ten days following the date of filing, the Commission may consider the project 15083(c) at a regular or special meeting for purposes of approval or disapproval . At this time, District's staff should report on any comments received as a result of the procedures specified in Sections 6.4 and 6.5, and shall present the final Negative Declaration to the Commission. Members of the public may ap- pear before the Commission and present their views. The Commission shall ap- prove a final Negative Declaration prior to its determination to approve or disapprove the project. Such hearing may be held on the environmental impact of the project prior to approval thereof pursuant to the provisions of Sec- tion 7.9 and using the Negative Declaration as a basis for discussion. 15050(c) (9) Section 6.7. Notice of Determination. Following approval of the project, 15o83(f) the District's staff shall prepare a Notice of Determination substantially in the form attached hereto as Exhibit "H." Such Notice shall contain the following: A. The decision of the District to approve the project; B. The determination of the District that the project will not have a significant effect on the environment; and C. A statement that no EIR has been prepared. A copy of the Negative Declaration shall be attached to said Notice and said Notice shall then be filed with the county clerk of the county or counties in which the project is located and, if the project requires discretionary approval from a state agency, with the Secretary for Resources. -14- .;P>3 5053(a) Section 6.8. Costs. As to projects covered by paragraphs (2) and (3) of Section 2.23A, the person or entity proposing to carry out the project re- quiring approval by the District shall bear all costs incurred by the Dis- trict in preparing and filing the Negative Declaration. 15050(c) (4) ARTICLE VII -- ENVIRONMENTAL IMPACT REPORT 15013 Section 7. 1 . Environmental Impact Reports: When Required. An EIR shall be 15050(c) (5) prepared for all discretionary projects not otherwise exempt upon a finding 061 (g) by the District's staff that the project may have a significant effect on the 15 15061 environment, that it can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment or that there is serious public controversy concerning the environmental effect of 15U64 the project. 15085(b) Section 7.2. Preparation of Draft EIR: By Whom. 15061 (b} A. As to projects defined in paragraph (1) of Section 2.23A, the draft EIR shall be undertaken by the District' s staff or by private experts pursuant to contract with the District. 15061 (b) B. As to projects defined in paragraphs (2) and (3) of Section 2.23A, the person or entity proposing to carry out the project shall submit a draft EIR, containing the information required by Section 7.3 for review and con- sideration by the District's staff. The District's staff shall analyze the draft EIR submitted pursuant to this subsection to verify its accuracy and objectivity prior to presenting it to the Commission. The District' s staff may require additional information and data, including a statement specifying other public agencies believed to be agencies having jurisdiction by law over the project. In no event shall the District use a draft EIR prepared by such other person or entity as its own without independent evaluation and analysis. 150�7 Section 7.3- Content of Draft EIR. The draft EIR shall contain the informa- 15140 tion described in subsections A through H below. Each topic shall be dis- .— on or the draft EIR shall state where in cussed in a separate, distinct secti the document each element is discussed. ' l514i A Description of Project. The description of the project shall contain the following information but should not supply extensive detail beyong that needed for evaluation and review of the environmental impact: (1) 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. (2) A statement of the objectives sought by the proposed project. (3) A general description of the project's technical , economic, and environmental characteristics, considering the principal engineering proposals and supporting public service facilities. 15142 B. Description of Environmental Setting. An EIR shall include a description of the environment in the vicinity of the project, as it exists before com- mencement of the project, from both a local and regional perspective. Know- ledge 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 that region. Specific reference to related projects, both public and private, both existent and planned, in the region, should also be included, for purposes of examining the possible cumulative impact of such projects. C. Environmental Impact. All phases of a project must be considered when 15080(d) (3) evaluating its impact on the environment; planning, acquisition, development, 15143 and operation. The EIR shall discuss the subjects described in paragraphs (1) through (7) below; provided, however, that such discussion shall empha- size impacts determined in the initial study (if any) prepared for the project to be significant and may omit examination of those impacts found to be clear- ly insignificant in such initial study; and provided further, that the subjects described in paragraphs (5) and (6) below need be included only in EIRs pre- pared in connection with the adoption or amendment of a plan, policy or or- dinance of the District or with a project which is subject to the requirement for preparing an EIS pursuant to the National Environmental Policy Act of 1969. -15- 7&L ) The Significant Environmental Effects of the Proposed Project. (1 The EIR shall describe the direct and indirect significant effects of the project on the environment, giving due consideration to both the short-term and long-term effects. Such description should include relevant specifics of the area, the resources involved, physical changes, alterations to ecological sys- tems and changes induced in population distribution, population concen- tration, 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. Cumulative effects shall also be discussed when found to be significant. (2) Any Significant Environmental Effects Which Cannot be Avoided if the Proposal is Implemented. The EIR shall describe any significant impacts, 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 rea- sons why the project is being proposed, notwithstanding their effect, should be described. The EIR shall describe significant impacts on any aesthetically valuable surroundings, or on human health. (3) Mitigation Measures Proposed to Minimize the Significant Impact. The EIR shall describe significant avoidable adverse impacts, including inefficient and unnecessary consumption of energy, and measures to mini- mize these impacts. This discussion shall include an identification of the acceptable levels to which such impacts will be reduced, and the basis upon which such levels were identified. Where several measures are available to mitigate an impact, each should be discussed and the basis for selecting a particular measure should be identified. Energy conservation measures , as well as other appropriate mitigation measures, shall be discussed when relevant. Examples of energy conservation mea- sures recognized by the Secretary for Resources are set forth in Exhibit 1 1 1 I I .�-- (4) Alternatives to the Proposed Action. The EIR shall describe al reasonable alternatives to the project, or to the location of the pro- ject, which could feasibly attain the basic objectives of the project, and why they were rejected in favor of the ultimate choice. The spe- cific alternative of "no project" must also always be evaluated, along with the impact. The discussion of alternatives shall include alter- natives capable of substantially reducing or eliminating any significant environmental effects , even if these alternatives substantially impede the attainment of the project objectives and are more costly. (5) The Relationship Between Local Short-Term Uses of Man's Environment and the Maintenance and Enhancement of Long-Term Productivity. The EIR shall describe the cumulative and long-term effects of the proposed pro- ject which adversely affect the state of the environment. Special at- tention should be given 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 reserving an option for further alternatives, should be explained. (6) Any Significant Irreversible Environmental Changes Which Would Be Involved in the Proposed Action Should it be Implemented. Uses of non- renewable resources during the initial and continued phases of the pro- ject may be irreversible since a large commitment of such resources makes removal or non-use thereafter unlikely. Primary impacts and, particularly, secondary impacts (such as a highway improvement which provides access to a non-accessible area) generally commit future genera- tions to similar uses. Also irreversible damage can result from environ- mental accidents associated with the project. Irretrievable commitments of resources should be evaluated to assure that such consumption is justi- fied. (7) The Growth-Inducing Impact of the Proposed Action. The EIR shall discuss the ways in which the proposed project could foster economic or population growth, either directly or indirectly in the surrounding en- vironment. Included in this are projects which would remove obstacles to population growth (a major expansion of a wastewater treatment plant -16- might, for example, 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. The EIR shall also discuss the characteristic of the projects which may en- courage and facilitate other activities that could significantly af- fect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial , detri- mental , or of liqtle significance to the environment. r D. Water Quality Aspects. The EIR shall describe in the environmental setting section, and in other sections where applicable, water quality as- pects of the proposed project which have been previously certified by the l5145 appropriate state or interstate organization as being in substantial com- pliance with applicable water quality standards. 15140(b) E_ Summary. The EIR shall contain a brief summary of the proposed project and its consequences. Such summary shall be in language sufficiently sim- ple that the issues can be understood by the average member of the public. F. Statement of Reason for Findings of No Significance. Environmental 15140(e) effects which were found in an initial study prepared for the project to 15140(f) be clearly insignificant and unlikely to occur need not be discussed in 15143.5 the EIR. The EIR, however, shall contain a statement briefly enumerating uch clearly insignificant effects and there shall be attached to the EIR a copy of such initial study. In addition, the EIR shall contain a state- ment briefly enumerating effects that could possibly be considered signifi- cant but were not discussed in detail in the EIR because they were found to be insignificant. The latter statement shall briefly indicate the reasons for the finding of insignificance. 15144 G. Organizations and Persons Consulted. The EIR shall include a section identifying all Federal , state and local agencies (including responsible agencies) , organizations and private individuals consulted in preparing .�— the EIR and the identity of the persons, firm, or agency preparing the EIR. H. Index. The EIR shall contain a table of contents or an index. 15140(b) Section 7.4. General Rules for Preparation of EIR. 15140(d) A Interdisciplinary Approach. The EIR should be prepared using a sys- tematic, interdisciplinary approach. The interdisciplinary analysis shall be conducted by competent individuals, but no single discipline shall be designated or required to undertake this evaluation. Preparation of EIRs is dependent upon information from many sources, including any engineering project report and any scientific documents relating to environmental features. The EIR shall reference all documents used in its preparation including where possible, a citation to the page and section number of any technical reports which were used as the basis for any statements in the EIR. 15140(c) B. Technical Data; Submission of Appendices. The information contained in an EIR shall include summarized technical data, maps, plot plans, dia- grams, and similar relevant information sufficient to permit full assess- ment of significant environmental impacts by reviewing agencies and mem- bers of the public. Placement of highly technical and specialized analysis and data in the body of an EIR should be avoided through inclusion of sup- porting information and analyses as appendices to the main body of the EIR. Appendices to the EIR may be prepared in volumes separate from the basis EIR document, but shall be available for public examination and shall be submitted to all clearinghouses which assist in public review. C. Incorporation by Reference. 15149 (1) An EIR may incorporate by reference all or portions of another document which is a matter of public record or is generally available to the public. Where all or part of another document is incorporated by reference, the incorporated language shall be considered to be set forth in full as part of the text of the EIR. (2) Where part of another document is incorporated by reference, such other document shall be made available to the public for inspection at a public place or public building. The EIR shall state where the in- corporated documents will be available for inspection. At a minimum, -17- the incorporated document shall be made available to the public in the District office. (3) Where an EIR uses incorporation by reference, the incorporated part of the referenced document shall be briefly summarized in the EIR where possible or briefly described if the data or information cannot be summarized. The relationship between the incorporated part of the referenced document and the EIR shall be described in the EIR. 15.L49(e) D. Proportionate Discussion. The EIR should discuss environmental effects in proportion to their severity and probability of occurrence. E. Forecasting. The preparation of an EIR necessarily involves some 15140(g) degree of forecasting. While foreseeing the unforeseeable is not pos- 15140(h) sible, best efforts must be used to discover and disclose all reasonably 15075(b) available information. If, after thorough investigation, it is found that a particular effect is too speculative for evaluation, such con- clusion should be stated and further discussion of the impact should be terminated. 15150 F. Disclosure Document. The EIR serves as a public disclosure docu- ment explaining the effects of the proposed project on the environment, alternatives to the project, and ways to minimize adverse effects and to increase beneficial effects. G. Standards for Adequacy. The EIR should be prepared with a suffi- cient degree of analysis to provide the Commission with information which enables it to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental ef- fects of the proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. The standard is not perfection, but rather adequacy, completeness, and a good faith effort at full disclosure are to be sought. Section 7.5. Consultation Prior to Completion of Draft EIR. Before com- pletion of the draft EIR, the City's staff shall consult with all re- sponsible agencies in order to incure that the draft EIR will reflect the concerns of such agencies and should assure that, to the extent '. 15064 deemed appropriate by such staff, persons and organizations believed 15085(b) to be concerned with the environmental effects of the project have been consulted. The District's staff shall also consult with the ap- propriate federal agency, where there is federal involvement with a project, to determine whether an EIS will be required. Where both an EIS and an EIR will be required, the documents should be prepared joint- ly where federal regulations or procedures allor or the EIR should be prepared in accordance with Section 4.3, if possible. In addition, any person may submit information to the District's staff to assist in prep- aration of the EIR. Such information may be submitted in any format. District's staff may include, or cause to be included, such information in the EIR if it subjects the information to its own independent eval- uation and analysis. 15050(c) (9) Section 7.6. Completion of Draft EIR; Notice. Upon completion, the 15085(a) draft EIR shall be presented to the Commission for review at a regular 15085(c) or special meeting._ If the Commission finds that the draft EIR is in order and that it reflects the independent judgment of the District, the Commission shall instruct the District's staff: A. To file a Notice of Completion in the form attached hereto as Ex- hibit "J" with the Secretary for Resources, or, where the Draft EIR will be reviewed through the State Clearinghouse, to file with the State Clearinghouse a cover form required by the State Clearinghouse; 15085(c) B. To mail or personally deliver a Notice of Completion substantially in the form attached hereto as Exhibit "J" to all organizations and indiciduals who have previously requested notice of completion of the Draft EIR; and 15085(d) C. To give public notice of the completion of the Draft EIR by at lease one of the following procedures: -18- (1) By publication of a copy Of the Notice of Completion once in a newspaper of general circulation in the area affected by the proposed project; (2) By posting of a copy of the Notice of Completion on, and within twenty (20) feet off of, the site of the proposed project; or (3) By mailing of a copy of the Notice of Completion to owners of property contiguous to the site of the proposed project as their names and addresses are shown on the last equalized assessment roll of the county in which the project is proposed to be located. Filings undertaken pursuant to this Section shall be deemed complete when the appropriate document has been deposited in the United States mails addressed appropriately or has been delivered in person to the appropriate office. Mailings undertaken pursuant to this Section shall be by first- class mail , postage prepaid. 15050(c) (5) Section 7.7• Review of Draft EIR by Other Public Agencies and Persons 15050(c) (6) with Special Expertise. 15066 15161 (a) A. General . (1) Upon completion of the procedures required by Section 7.6, the District's staff shall consult with and obtain comments from public 15085(d) agencies having jurisdiction by law with respect to the proposed pro- ject. The identity of those public agencies having jurisdiction by law over the project shall be determined on a project-by-project basis. In the event that review and comment by a state agency is sought, the draft EIR shall be submitted through the State Clearing- house. In addition, where appropriate, area clearinghouses may be used in seeking review and comment by regional and local agencies. (2) The District may send copies of the draft EIR to public agencies or persons with special expertise with respect to any environmental impact involved whose comments relative to the draft EIR would be desirable. ' 15085(d) (2) (3) Copies of the draft EIR should also be furnished to appropriate 15163(b) public libraries. 15085(d) (3) (4) In determining appropriate public agencies , persons and libraries to whom copies of the draft EIR should be transmitted under paragraphs (1) through (3) above, District's staff shall be guided by any listings of agencies, persons or libraries prepared by it with respect to var- ious projects and project locations. (5) Each public agency, person, and library to whom a draft EIR is sent under paragraphs (1) through (3) above shall be advised in writing that written comments may be submitted to the District within the time established for review under subsection B below. 15160(a) B. Time for Review. At the time the Commission authorizes the procedures 15160(b) described in Sections 7.6 and 7.7, it shall establish a time period so as 15160(c) to permit adequate review of and comment on the draft EIR by such public agencies or persons. The period of time, to be established in the discre- tion of the Commission, shall be based upon the size and scope of the pro- posed project; provided, however, that in no event shall the review period be less than thirty (30) days or more than ninety (90) days. Where review by a state agency through the State Clearinghouse is requested, the review period shall not be less than forty-five (45) days unless the State Clear- inghouse approves a shorter period. 15162 C. Failure to Comment. In the event a public agency or person whose com- ments on a draft EIR are solicited pursuant to subsection A above fails to comment within the time period established pursuant to subsection B above, it shall be presumed, absent a written request for a specific extension of time for review and comment, together with the reasons therefor, that such agency or person has no comment to make. Any extension of time granted by the District shall be reasonable under the circumstances, but ordinarily shall not cover a period greater than the time period initially established for review and comment pursuant to subsection B above. -19- D. Continued Planning Activities. Continued planning activities concerning the proposed project, short of formal approval thereof, may continue during the period set aside for review and comment on the draft EIR. 15053(b) Section 7.8. Availabilit of the Draft EIR for Review. Following the filing 15163 of the Notice of Completion or State Clearinghouse cover form as required by Section 7.6, copies of the draft EIR also shall be made available at the Dis- trict's office for review or acquisition by members of the general public. Any person requesting a copy of the draft EIR from the District shall be charged the actual cost of reproducing it. Section 7.9. Public Hearings. 15085(d) (4) A. General . From time to time, depending upon the nature and location of 15165 a proposed project, the Board, in its discretion, may find it desirable to conduct a public hearing on the environmental impact thereof. In such event the public hearing shall be conducted subsequent to the filing of the Notice of Completion, but in no event sooner than fourteen days thereafter. The draft EIR shall be used as the basis for discussion during any public hearing that may be held. B. Notice. Notice of the time and place of the public hearing shall be published once in a newspaper of general circulation in the District. If there is no such newspaper, it shall be posted at three public places with- in the District, one of which shall be at the principal offices of the Dis- trict. Publication or posting shall be completed at lease fourteen (14) days prior to the date set for public hearing. Said notice also shall in- dicate where the draft EIR is available for review. C. Public Hearing During Public Meeting. A public hearing may be scheduled to be conducted during the course of a regular meeting of the Board. D. Procedures for Conducting Public Hearings. The procedures for the manner of conducting the public hearings shall be prescribed by the Board at the .— time the hearing convenes. Members of the public who attend shall be afford- ed the opportunity to participate in the hearing process. 15050(c) (8) Section 7. 10. Final EIR. 15085(f) A. Preparation. Following the receipt of comments on the draft EIR pursuant to the procedures described in Sections 7.6 and 7.7, and if a public hearing has been held pursuant to Section 7.9, following such hearing, comments that have been received shall be evaluated and a final EIR shall be prepared by District's staff. 15027 B. Contents. The final EIR shall consist of the draft EIR or a revised 15050(c) (7) draft EIR, a section containing a statement of the comments received through 15085(e) the review and consultation process set forth in Section 7.6 through Section 15086 7.9, either verbatim or in summary, a list of persons and public agencies ' 15146(a) commenting on the draft EIR, and a section containing the responses of the 15146(b) District to the significant environmental points that are raised in the re- view and consultation process. The response of the District to comments received may take the form of a revision of the draft EIR or may consist of an attachment to the draft EIR. The responses shall describe the disposition of significant environmental issues raised (e.g. , revisions to the proposed project to mitigate antici- pated impacts or objections) . In particular, the major issues raised when the District's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why spec- ific comments and suggestions were not accepted, and factors of overriding importance warranting an override of the suggestions. 15086 Where a project report is prepared in the review or budgetary process per- taining to a proposed project and an EIR has been prepared for such project, the final EIR may be included as a part of the project report. 15050(c) (9) Section 7. 11 . Certification of Final EIR by Board- Board Approval 15o85(g) or Disapproval of Project. Following preparation of the final EIR it shall be presented to the Board for Review. If the Board finds the EIR to be in order, it shall , at a regular or special meeting, certify that the final EIR -20- 3x� has been completed in compliance with the California Environmental Quality Act and the State Guidelines and that the Board has reviewed and considered the information contained in the EIR. Thereupon, but not prior thereto, the Board . may proceed immediately to consider the proposed project for pur- poses of approval or disapproval . Members of the public may appear before the Board and present their views prior to the Board's determination to approve or disapprove the project. 15088 Section 7. 12. Required Written Findings. A. The Board shall not approve a project for which an EIR has been com- pleted which identified one or more significant effects of the project unless the Board makes one or more of the following findings for each of such significant effects: (1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental ef- fects thereof as identified in the final EIR. • (2) Such changes or alterations are within the responsibility and jurisdiction of a public agency other than the District. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social , or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. B. The findings made pursuant to subsection A, together with a statement of facts supporting each finding, shall be made and set forth in a resolu- tion adopted by the Board. Such findings shall be supported by sub- stantial evidence in the record of proceedings before the Board. C. The ginding in subsection A(2) shall not be made if the District making 0— the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. 15090 Section 7. 13• implementation of Mitigation Measures. In carrying out a project for which an EIR has been prepared, the District shall assure that significant effects, both individual and cumulative, of all activities in- volved in the project are mitigated or avoided whenever it is feasible to do so. 15085(h) Section 7. 14. Notice of Determination. Following approval of the project, the District shall cause to be prepared a Notice of Determination on a form attached hereto as Exhibit "H" which shall contain the following: A. An identification of the project by its common name where possible; B. The decision of the District to approve or carry out the project; C. The determination of the Commission as to whether the project, in its approved form will have a significant effect on the environment; D. A brief statement of the mitigation measures which were adopted by the District to reduce the impacts of the approved project; and E. A statement that an EIR was prepared pursuant to the provisions of the California Environmental Quality Act and was certified as required by Sec- P_ tion 15085(g) of the State Guidelines (Section 7. 11 of the District guide- lines) . Said notice shall then be filed with the county clerk of the county or counties in which the project is located and, if the project requires dis- cretionary approval from a state agency, with the Secretary for Resources. 15053(a) Section 7. 15. Costs. As to projects covered by paragraphs (2) and (3) of Section 2.23A, the person or entity proposing to carry out the project requiring approval by the District shall bear all costs incurred by the District in preparing and filing the EIR, as well as all publication costs incident thereto. -21- _T17 5069.5 Section 8.4. Staged EIR. A. General Form. Where a large capital project will require a number of discretionary approvals from governmental agencies and one of the approvals will occur more than two years before construction will begin, a staged EIR may be prepared covering the entire project in a general form. The staged EIR shall evaluate the proposed project in light of current and contemplated plans and produce an informed estimate of the environmental consequences of the entire project. The aspect of the project before the public agency for .�--- approval shall be discussed with a greater degree of specificity than those aspects of the project not before the public agency. B. Supplement to General Form EIR. When a staged EIR has been prepared, a supplement to the EIR shall be prepared when later approval is required for the project, and the information available at the time of the later ap- proval is such as to permit consideration of additional environmental im- pacts, mitigation measures, or reasonable alternatives to the project. C. Statutory Designation of Lead Agency. Where a statute provides that a specific agency other than the District shall be lead agency for a project and requires such agency to prepare an EIR for such project, where the Dis- trict is a responsible agency for the project, where the District or other responsible agency for the project must grant approval for the project be- fore the lead agency has completed the EIR, the District or such other responsible agency may prepare and consider a staged EIR for the project. ARTICLE IX -- MISCELLANEOUS Section 9. 1 . Partial Invalidity. In the event that any part or provision of these Guidelines shall be determined to be invalid, the remaining por- tions hereof which can be separated from the invalid unenforceable pro- visions, shall nevertheless continue in full force and effect. Section 9.2. Headings. Headings preceding the texts of the articles, sections and paragraphs hereof shall be solely for convenience of refer- ence and shall not affect the meaning, construction, or effect of such texts. 15014(b) Section 9.3. Effective Date. These Guidelines shall be effective on 15070(c) January 1 , 1977, provided, however, that any draft EIR which was completed and sent out for public review on or before January 1 , 1977, in compliance with District guidelines theretofore in effect shall be deemed in com- pliance with these Guidelines. -23- i5166 Section 7. 16. Retention of Comments. All written comments received on a draft EIR through the formal consultation process, as well as all written comments that may be received independently of said process, shall be re- tained at the District office for a period of at least one year following approval or disapproval of the project to which they relate. Said com- ments shall be made available for public inspection at all reasonable times. ARTICLE VIII -- EIRS AND PROJECT SCOPE 15067 Section 8. 1 . Subsequent EIRS. Where an EIR has been prepared for a project ^" no additional EIR need be prepared unless: A. Substantial changes are proposed in the project which will require major revisions of the EIR, due to the involvement of new environmental impacts not considered in the previous EIR. B. There are substantial changes with respect to the circumstances under which the project is to be undertaken, such as a change in the proposed loca- tion of the project, which will require major revisions in the EIR due to the involvement of new environmental impacts not covered in the previous EIR. 15068 Section 8.2. Use of a Single EIR. 15068.5 A Two or More Projects. A single EIR may be utilized to describe more than one project when the projects are essentially the same in terms of environmental impacts. Any environmental impacts peculiar to any one of the projects must be separately set forth and explained. B. Later Projects. An EIR on an earlier project may be utilized to apply to a later project if the environmental impacts of the projects are es- sentially the same. If there are environmental impacts applicable to the later project which were not associated with the earlier project, the earlier EIR must be supplemented to set forth and explain said impacts separately. '^ C. General Plan EIR. The EIR on a general plan may be used as the founda- tion document for EIRS subsequently prepared for specific projects within the geographic area covered by the general plan. The subsequent EIRS may reference and summarize material in the EIR on the general plan for the description of the general environmental setting and as much of the de- scription of the environmental impacts as applies to the specific project. Detailed information in the EIR on the specific project may be limited to a description of the project, the specific environmental setting and those impacts which are not adequately described for the specific project in the EIR on the general plan. When a subsequent EIR refers to an EIR on the general plan for part of its description of the environment and the en- vironmental impacts, copies of the EIR on the general plan shall be made available to the public in a number of locations in the community and to any clearinghouses which will assist in public review of the EIR. The purpose of this subsection is not to restrict analysis of environmental issues but is to avoid the necessity for repeating detail from an EIR pre- pared on a general plan. 15069 Section 8.3. Multiple and Phase Projects. A. Phased Projects. Where individual projects are, or a phased project is, to be undertaken and where the total undertaking comprises a project with significant environmental effect, a single EIR must be prepared for the ultimate effect. B. Interrelated Projects. Where an individual project is a necessary precedent for action on a larger project, or commits the District to a larger project, the EIR must address itself to the scope of the larger project. C. Similar Projects. Where one project is one of several similar projects of the District, but is not deemed a part of a larger undertaking or a larger project, one EIR may be prepared for all projects, or one for each project, but should in either case comment upon the combined effect. -22- 3ai EXHIBIT "A" CITY OF PRELIMINARY ENVIRONMENTAL ASSESSMENT Name of Project: Location: Entity or Person undertaking Project: (Check appropriate box) City of 0 Other: - Name Address . Staff Determination: ' The City's staff, having undertaken and completed a preliminary review of this project in accordance with the Citv's guidelines entitled "Local Guidelines Implementing the California Environmental Quality Act," has concluded that this project does not require further environmental assessment because: ( ) 1. The proposed action does not constitute a project within the meaning of Section 3.1 and Section 2.23- ( ) 2. The project constitutes a feasibility or planning study. under Section 3.2. ( ) 3. The project is .an Emergency Project under Section _3.3. ( ) 4. The project is a Ministerial Project under Section 3.4. ( ) 5. The project is Categorically Exempt under Section 3.5. Applicable Exemption Class, Local Guidelines - Applicable Exemption Class, -State Guidelines ( ) 6. The project involves another public agency .which consti- tutes the .lead agency. Name of Lead Agency Date: Authorized Person EXHIBIT "B" NOTICE OF EXEMPTION TO: Secretary for Resources FROM: a 1416 Ninth Street, Room 1311 �--, Saoramento, California 95814 aCounty Clerk County .of Project Title Project Location - SpecIfic Project Location - Ca.ty Project Location - County Description of Nature, Purpose, and Benef3.ciaries o Project Name of Public Agency Approving Project Name of Person or Agency Carryg Out Project in Exempt Status: Check One Ministerial (Sec. 15073) Declared Emergency (Sec. 15071 (a) ) Emergency Project (Sec. 15071 (b) and (c)') Categorical Exemption. State type and section number: Reasons why project ss exempt: Contact Person Area o C a Telephone Extension If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public .^ agency approving the project: Yes No Date Received for Filing Signature ` Title �.7r VI, Reason for Project: r Vil. Compatibility with Zoning and Planning (Discuss plans.): the project is compatible with existin zoning Vill. Environmental Settings of Project (This .description should be co lete enough to en 3e a person not familiar with the_ geo �- of thi City to envision the environmental setting of the al features suchas scenic resources project. Any unusu , historic buildings, unusual flora or fauna or similar unique qualities of the setting should be noted.) : . { I r-- -ii- EXHIBIT "C" INITIAL STUDY (Prepared pursuant to Article V of the Environmental Guidelines of the City.) _. Project Title: I=. Full Description of Project: 111 Energy Usage of'Project: i • IV. Exact Location of Project (If construction or a similar activity Is involved, give street names, addresses or other geographical data sufficient to enable a resident of the City to identify the physical location of all aspects of the project. A metes and bounds .descrigtion should be avoided if at all possible. 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A a .,,•.� •,�•r4 %.r4 0 t~•�, o N ro ro 01 N n a o A 0 0 a,� °, " d � � 0 0 " > ro ui o� ° 4°:j �O 04) 4JH p+� o'� ro a �,roy 4J 0 '0 04J $4 + • o fob °'. N +� CT R7 N C!•ri 0A. �, ° 3 a,•., ar a,�r 0 +, q ° v o+��l+��+ o a,•�, > ��•.� 0 0 •M a RA �+ a b a0 a�� �. rowb � 0raro �d�+•�+ �' uo� 0ro•.i a, j: a� A � Aa, ,� 0� 0s� � a 0 � 0 a ° 000a•� a ql� a ''> 04 Naid +�'> >� 0 W� ri 0 H � H0 Ei +� O� NOt7'0 A 0•� UA to OR . � O � 04000 . q c7 , � ,w •w A Ow00 14 +�bgoo b04 4j as A �,+� O U.,�,q" �•�1N +� 0 ►oONA•.� A� 014 rtf0' A0 UOOb ro sx C N p1' N X. Mitigation .Measures (List by number all effects on the checklist contained under part IX above to which a "yes" or "maybe" answer was given and describe the measures, if any, which can be taken by the District to mitigate adverse impacts, if any, of such effects.) z -viii- gI. Public Controversy : (Describe public controversy, if any, concerning any environmental effects of the project.) : e Dated: r- By= s Authorized Person -ix- EXHIBIT "D" (Prepared by Secretary for Resources) SIGNIFICANT EFFECTS A project will normally have a significant effect on the environment if it will: (a) Conflict with adopted environmental plans and goals of the community where it is located; (b) Have a substantial, demonstrable negative aesthetic effect; (c) Substanti 11 ally affect a rare or endangered species of animal or plant or the habitat of the species; _ (d) Interfere substantially with the movement of any resident or migratory fish' Or wildlife species; (e) Breach published national, state, or local standards* relating to solid waste or litter control; (f) Substantially degrade water quality; (g) Contaminate a public water supply; (h) Substantially degrade or deplete ground water resources; (i) Interfere substantially with ground water recharge; (j) Disrupt or alter an archaeological site over 200 years old!_ ` an historic site or a paleontological site except as part of a scientific study of the site; (k) Induce substantial growth or concentration of population; (1) Cause an -increase in traffic- which is substantial in relation to the existing traffic load and capacity of the street system; (m) Displace a large number of people; (n) Encourage activities which result in the use of large amounts of fuel or energy; (o) Use fuel or energy in a wasteful manner; (p) Increase substantially the ambient noise levels for adjoining areas; (q) Cause substantial flooding, erosion or siltation; (r) Expose people or structures to major geologic hazards; ..- (s) Extend . a sewer trunk line with capacity to serve new develop- ment; (t) Substantially diminish habitat for fish, wildlife or plants; (u) Disrupt or divide the physical arrangement of an established community; (v) create a public health hazard or a potential public health hazard; -i- (w) Conflict with established recreational, educational, religious or scientific uses of the area; (x) violate any ambient air quality standard, contribute substan- tially to an existing or projected air quality violation, or expose sen- sitive receptors to substantial pollutant concentrations_ i i - - -ii- EXHIBI'.T_' "E" CITY OF ENVIRONMENTAL IMPACT ASSESSMENT Names of Projects i Location: Entity or Person Undertaking Project: (Check appropriate box) City of Other: Name Address Staff Determination - - The City' s staff, having undertaken and completed -ari initial study of this. project in accordance with Article V of the City' s guidelines entitled "Local Guidelines Implementing the callfornia Environmental Quality Act, " for the purpose of ascer- taining whether. -the proposed project might have a significant effect on the environment, has reached the following conclusion: - ( ) 1. The project will nothave a significant effect on the environment; therefore, _ a negative declaration should be prepared. ( ) 2ified in accordance with c . The project, if mod ertain ' : mitigation measures set forth in _the initial study ., and enumerated in Exhibit "A" attached hereto and by reference incorporated herein; will not. have a signs - fcant effect on the environment. Upon completion of such procedures as may be. necessary to assure such modification, a. negati:ve declaration should be prepared. ( ) 3. The project. may have a significant effect on the environment therefore, an EIR will be required. Dated: - I Authorized Person EXHIBIT "F" NEGATIVE DECLARATION . Proposed Final Name of Project: Location: Entity or Person' - Undertaking Project: (Check appropriate box) Q City of Other: Name Address Project Description: Finding: It is hereby found that the above-named .project will note av�e a significant effect upon the environment. _.. Initial Study_ - An initial stud of this project was undertaken and prepared in accordance with -Article V o tie CityTs kcal r z1s environmental guidelines for the g purpose of ascertaining whether ; this project might have a significant effect on the environment. A copy of such initial study is attached hereto and by reference '::: , , incorporated herein. . Such initial study documents reasons to .. support the above finding. Mitigation Measures: ' The following mitigation measures have been included in the project to avoid potentially significant effects. , (a) (b) (c) (d) Date: Authorized Person EXHIBIT "G" NOTICE OF INTENT TO. ISSUE NEGATIVE DECLARATION -' Name- of Project: Location: Entity or Person Undertaking Project: (Check appropriate box) City of j Other: Name Address Project Description: NOTICE IS HEREBY GIVEN THAT the City of , I County, California, proposes to issue a Negative Declaration for the captioned Project. Such Negative Declaration is based upon a .finding that the Project- will not have a significant effect upon the environment. The reasons to support such finding are documented by an initial study prepared by the_ . City_ Copies of such initial study and the proposed Negative Declaration may be obtained from: Name: Title: Address:-- Dated: Authorized Person Title EXHIBIT "H.. 3Sj NOTICE OF DETERMINATION TO: © Secretary for Resources FROM: (Lead Agency) 1416 Ninth Street, Room 1311 Sacramento, California 95814 �---. County Clerk, County of SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Project Title State Clearinghouse Number (If submitted to State Clearinghouse contact Person Telephone Number Project Location Project Description : This is .to advise that the Lead Agency has made the following determinations regardingthe above described project r-, approved 1. The project has been Q disapproved by the Lead Agency. will 2. The project Q will not, have a significant effect on the environment. 3, Q An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA and was certified as re- quired by 14 Cal. Adm. Code Sec. 15085 (g) . The following mitigation measures were adopted by the Lead Agency to reduce impacts of the approved project: (2) (3) (4) Q A Negative . Declaration was prepared for this project pursuant ,r to the provisions of CEQA. A copy of the Negative Declaration is attached. Date Received for Filing Signature T1t e . Date 3SS EXHIBIT "I" (Prepared by Secretary for Resources) ENERGY CONSERVATION I. INTRODUCTION The goal of conserving energy implies the. wise and efficient use of energy_ The means- of achieving this goal include: (1) decreasing overall per capita energy consumption, (2) decreasing reliance on natural gas and oil, and (3) increasing reliance on renewable energy sources. - In order to assure that energy. implications are considered in project decisions, the California Environmental Quality Act requires that EIRs include a discussion of the potential energy impacts of proposed pro- jects, with particular emphasis on avoiding or reducing inefficient, wasteful and unnecessary consumption of energy. Energy conservation implies that a project's cost effectiveness be . reviewed not only in dollars, but also in terms of energy requirements. For many projects, lifetime costs may be determined more by energy effi- ciency than by initial dollar costs. , II_ EIR CONTENTS Potentially significant energy: implications of a project should be , considered in an EIR. The following list of energy impact possibili '`" ties and potential conservation measures is designed to assist in. the ` preparation of an EIR. In many instances specifid items may .not apply or additional items may be needed.- A. Project Description may include the following items: 1. Energy consuming equipment and processes which will be used during construction, operation and/or removal of the project. If appropriate, this discussion should consider the energy intensiveness of materials and equipment required for the project_ 2. Total energy requirements of the project by fuel type - and end use. 3. Energy conservation equipment and design- features. 4. Initial and life-cycle energy costs or supplies. B. Environmental Setting may include existing energy supplies and energy use patterns in the region and locality. C. Environmental Impacts may include: 1. The project's energy requirements and its energy use efficiencies by amount and fuel type for each stage of the project's life cycle including construction, operation, maintenance and/or removal. If appropriate,. -the energy intensiveness of materials may be discussed. 2. The .effects. of the project on local and regional energy supplies and on requirements for additional capacity. 3. The effects of the project on peak and base period demands for electricity and other forms of energy. 4. The. degree to which the project complies with existing energy standards. 5. The effects of the project on energy resources. D. Mitigation Measures may include: 1. Potential measures to reduce wasteful, inefficient and unnecessary consumption of energy during construction, operation, main- tenance and/or removal. The discussion should explain why certain Mea- sures were incorporated .in the project and why other measures were dis- missed. 2. The potential of siting; orientation, and design to mini- mize energy consumption_ 3. The potential for reducing peak energy demand. . 4. Alternate fuels (particularly renewable ones) or energy systems_ 5. Energy conservation which could result from recycling efforts. E. Alternatives should be compared in terms of overall energy consumption and in terms of reducing wasteful, inefficient and unneces- sary consumption of energy. F. Unavoidable Adverse Effects may include wasteful, inefficient and unnecessary consumption of energy during the project- construction, operation, maintenance and/or removal that cannot be feasibly mitigated.: r^� G. Irreversible Commitment of Resources may include a discussion of how the project preempts future energy development or future energy conservation.- . H. Short-Term Gains versus Long-Term Impacts .can. be compared by calculating the energy costs over the lifetime of the project. I. Growth Inducing Effects may include the estimated energy con- sumption of growth induced by the project. -ii- - . 3S� EXHIBIT "J" TO: State of CaliXornia DATE: The Resources Agency Secretary for Resources 1416 Ninth Street, Room 1311 Sacramento, California 95814 NOTICE OF COMPLETION Project Title Project Location. - Specific Project Location - City Project Location - County Description of Nature, Purpose, and Beneficiaries of Project Lead Agency Division Address Where Copy of EIR is Available Review Period Contact Person Area Code P one Extension 31}' 0- CERTIFICATE OF POSTING ORDINANCE NO. 7803 TRUCKEE-DONNER PUBLIC UTILITY DISTRICT ADOPTING LOCAL GUIDELINES IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 STATE OF CALIFORNIA ) County of Nevada ) The undersigned, Susan M. Craig, under penalty of perjury, certifies as follows: That for and on behalf of the Secretary of the Truckee-Donner Public Utility District, I caused copies of Ordinance No. 7803, an Ordinance r--- adopting local guidelines implementing the California Environmental Quality Act of 1970, as amended, adopted by the Board of Directors of said District on February 21 , 1978 to be posted within thirty (30) days following adoption in four public places within said District, to wit: I .—Truckee-Donner Public Utility District Office 2. Nevada County Government Center 3- Nevada County Library 4. United States Postal Service Office Said posting was completed on the 28th day of February , 1978. Executed on the 28th day of February 1978. Susan M. Craig i ICI