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Item 8.3 Dublin Environmental Guidelines PA 90-007 (2)
} z4v © AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 26, 1990 SUBJECT: PA 90-007 Dublin Environmental Guidelines REPORT PREPARED BY: Robert Schubert, Contract Planneri"-� EXHIBITS ATTACHED: Exhibit A: Dublin Environmental Guidelines Exhibit B: A Resolution of the City of Dublin adopting Environmental Guidelines Background Attachment 1: Planning Commission Resolution No. 90-004 . RECOMMENDATIONS : Staff recommends that the City Council adopt the draft resolution (Exhibit A) adopting environmental guidelines for the City of Dublin FINANCIAL STATEMENT: None DESCRIPTION: At the February 5, 1990 Planning Commission meeting, the Commission recommended that the City Council adopt the attached environmental guidelines which pertain to projects subject to the requirements of the California Environmental Quality Act. The guidelines contain provisions for: ( 1) Identifying activities that are exempt from CEQA. These procedures contain: (a) Provisions for evaluating a proposed activity to determine if there is no possibility that the activity may have a significant effect on the environment. (b) A list of permits over which the City has only ministerial authority. (c) A list of activities which the City has found to be categorical exemptions . (2 ) Conducting environmental assessments . ( 3) Preparing Negative Declarations . (4 ) Preparing draft and final Environmental Impact Reports (EIRs) . (5) Consulting with and obtaining comments from other public agencies and members of the public with regard to the environmental effects of projects . ( 6 ) Assuring adequate opportunity and time for public review and comment on draft EIRs or Negative Declarations . (7 ) Evaluating and responding to comments received on environmental documents . ---------- ----------------------------------------------------------- ITEM NO. COPIES TO: File PA 90-007 [PLNG-08 :SR9 007 ] General File � l ( 8) Assigning responsibility for determining the adequacy of an EIR or Negative Declaration. ( 9 ) Reviewing and considering environmental documents . ( 10) Filing documents required or authorized by CEQA. ( 11) Providing adequate comments on environmental documents which are submitted to the City for review. ( 12 ) Assigning responsibility for specific functions under CEQA. ( 13) Providing time periods for performing functions under CEQA. ( 14) Requiring a mitigation monitoring/reporting plan when: (a) approval of a Negative Declaration is proposed based on revisions in the project which would avoid or mitigate potentially significant effects identified during the Initial Study; or (b) approval of an EIR is proposed based upon written findings that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potentially significant environmental effect identified in the EIR. The attached guidelines reflect the 1989 statutory changes to CEQA, which became effective January 1, 1990 . Staff recommends that the City Council adopt the attached resolution approving environmental guidelines for the City of Dublin. -2- r CITY OF DUBLIN DUBLIN ENVIRONMENTAL GUIDELINES EXHIBIT A { �� to TABLE OF CONTENTS Page ARTICLE I -- GENERAL . . . . . . . . . . . . . . . . . . . . 1 Section 1. 1: EFFECT OF GUIDELINES . . . . . . . . . . . 1 Section 1.2 : WHEN EIR IS REQUIRED . . . . . . . . . . . 1 Section 1. 3 : DEFINITIONS . . . . . . . . . . . . . . . 1 Section 1.4: EXEMPTIONS . . . . . . . . . . . . . . . . 1 (a) Ministerial Exemption . . . . . . . . . . . . 1 (b) Categorical Exemptions . . . . . . . . . . . . 2 (c) Emergency Projects Exemption . . . . . . . . . 2 (d) Miscellaneous . . . . . . . . . . . . . . . . 2 Section 1.5: NOTICE OF EXEMPTION . . . . . . . . . 3 Section 1. 6: EVALUATING PROJECTS: INITIAL STUDY . . . 3 (a) Initial Study . . . . . . . . . . . . . . . . 3 (b) Time Limits . . . . . . . . . . . . . . . . . 3 Section 1.7: NEGATIVE DECLARATION . . . . . . . . . . . 3 (a) General . . . . . . . . . . . . . . . . . . . 3 (b) Consultation . . . . . . . . . . . . . . . . 4 (c) Contents . . . . . . . . . . . . . . . . . . . 4 (d) Time Periods for Review and Comment. . . . 4 (e) Notice . . . . . . . . . . . . . . . . . . . . 4 (f) Consideration . . . . . . . . . . . . 4 (g) Notice of Determination . . . . . . . . . . . 5 ARTICLE II -- ADMINISTRATION . . . . . . . . . . . . . . . . 5 Section 2 . 1: PREPARATION . . . . . . . . . . . . . . . 5 Section 2 . 2 : FEES . . . . . . . . . . . 5 (a) Negative Declaration EIR;, and Monitoring/ Reporting Plans . . . . . . . . . . . . . . . 5 (b) Copies . . . . . . . . . . . . . . . . . . . . 5 (c) Notice . . . . . . . . . . . . . . . . . . . . 5 Section 2 . 3 : USE OF A SINGLE EIR . . . . . . . . . . . 5 Section 2 . 4: MULTIPLE AND PHASED PROJECTS . . . . . . . 6 Section 2 .5: REDEVELOPMENT PROJECTS . . . . . . . . . . 6 Section 2 . 6: CONSULTATION . . . . . . . . . . . . 6 (a) Consultation At Time Of Initial Study . . . . 6 (b) Consultation Before Completing Negative Declaration . . . . . . 7 (c) Initial Consultation When EIR Required o 7 (d) Meetings . . . . . . . . . . . . . . . . . . . 7 (e) Consultation with other Interested Agencies. . 7 Section 2 .7: SUBSEQUENT EIR . . . . . . . . . . . . . . 7 Section 2 . 8: SUPPLEMENT TO AN EIR . . . . . . . . . . . 8 Section 2 .9 : TIME LIMITS FOR PREPARATION OF ENVIRONMENTAL DOCUMENTS . . . . . . . . . . . . . . 9 (a) Initial Determination . . . . . . . . . . . . 9 (b) Negative Declaration . . . . . . . . . . . . . 9 (c) EIR . . . . . . . . . . . . . . . . . . . . . 9 i TABLE OF CONTENTS Page (d) Combined EIR-EIS and Negative Declarations 9 (e) Application as Complete . . . . . . . . . . . 10 (f) Suspension of Time Periods . . . . . . . . . . 10 Section 2 . 10: NOTICE . . . . . . . . . . . . . . . . . 10 (a) Contents. . . . . . . . . . . . . . . . . . . 11 (b) Procedures. . . . . . . . . . . . . . . . . . it Section 2 . 11: STATUTE OF LIMITATIONS . . . . . . . . . 11 ARTICLE III -- PROCEDURES . . . . . . . . . . . . . . . . 11 Section 3 . 1: DECISION TO PREPARE AN EIR . . . . . . . . 11 Section 3 .2 : EIR PROCESS . . . . . . . . . . . . . . . 12 (a) General . . . . . . . . . . . . . . . . . . . 12 (b) Notice of Preparation . . . . . . . . . . . . 12 (c) Consultation . . . . . . . . . . . . . . . 12 (d) Notice of Completion . . . . . . . . . . . . . 12 (e) Preparation of Draft EIR . . . . . . . . . . . 12 (g) Certification of Final EIR . . . . . . . . . . 13 (h) Notice of Determination . . . . . . . . . . . 13 Section 3 . 3 : REVIEW AND COMMENT . . . . . . . . . . . . 13 (a) General . . . . . . . . . . . . . . . 13 (b) Public Notice . . . . . . . . . . . . . . . . 14 (c) Distribution . . . . . . . . . . . . . . . . . 14 (d) Listings . . . . . . . . . . . . . . . . . . . 14 (e) Time Periods for Review and Comments . . . . . 14 (f) Public Hearing . . . . . . . . . . . . . . . . 14 (g) Evaluation of and Response to Comments . . . . 14 Section 3 .4 : FINDINGS . . . . . . . . . . . . . . . . . 14 Section 3 . 5: OVERRIDING CONSIDERATION . . . . . . . . . 15 ARTICLE IV -- CONTENTS (EIR) . . . . . . . . . . . . . . . . 16 Section 4 . 1: GENERAL . . . . . . . . . . . . . . . . . 16 Section 4 . 2 : DESCRIPTION OF PROJECT . . . . . . . . . . 17 Section 4 . 3 : DESCRIPTION OF ENVIRONMENTAL SETTING . . . 17 Section 4 .4: ENVIRONMENTAL IMPACT . . . . . . . . . 18 (a) The Significant Environmental Effects of the Proposed Project . . . . . . . . . . . . . 18 (b) Any Significant Environmental Effect Which Cannot Be Avoided if the Proposal is Implemented . . . . . . . . . . . . . . . . . 18 (c) Mitigation Measures Proposed to Minimize the Significant Effects . . . . . . . . . . . . . 18 (d) Alternatives to the Proposed Action . . . . . 19 (e) The Relationship Between Local Short-Term Use of Man' s Environment and the Maintenance and Enhancement of Long-Term Productivity . . . . 20 ii TABLE OF CONTENTS Page (f) Any Significant Irreversible Environmental Changes Which Would Be Involved in the Proposed Action Should It Be Implemented . . . 20 (g) The Growth-Inducing Impact of the Proposed Action . . . . . . . . . . . . . . . . 20 (h) Cumulative Impacts . . . . . . . . . . . . . . 20 Section 4 .5: LIMITATION ON DISCUSSION OF ENVIRONMENTAL IMPACTS . . . . . . . . . . . . . . . . . . . . . . 21 Section 4 . 6: EFFECTS FOUND NOT TO BE SIGNIFICANT . . . 21 Section 4 .7: ORGANIZATIONS AND PERSONS CONSULTED . . . 21 Section 4 .8: ECONOMIC AND SOCIAL EFFECTS . . . . . . . 21 Section 4 .9: FINAL EIR . . . . . . . . . . . . . . . . 21 Section 4 . 10: PAGE LIMITS . . . . . . . . . . . . . . . 22 Section 4. 11: INCORPORATION BY REFERENCE . . . . . . . 22 ARTICLE V -- MITIGATION MONITORING AND REPORTING PROGRAM . . . 22 Section 5. 1: MONITORING/REPORTING PLAN . . . . . . . . 22 Section 5. 2 : PREPARATION OF PLAN . . . . . . . . 23 Section 5. 3 : FORM AND CONTENT OF THE PLAN . . . . . . . 23 (a) A project Mitigation Measures Monitoring Checklist . . . . . . . . . . . . . . . . . . 23 (b) The monitoring or reporting plan shall include . . . . . . . . . . . . . . . . . 23 Section 5. 4 : TIMING . . . . . . . . . . . . . . . . . . 24 Section 5. 5: REVIEW AND APPEAL . . . . . . . . . . 24 APPENDIX A - Ministerial Exemptions APPENDIX B - Categorical Exemptions APPENDIX B-1 - Categorical Exemptions (City exemptions) APPENDIX C - Notice of Exemption APPENDIX D - (Part I) (Environmental Information Form) APPENDIX D - (Part II) (Environmental Checklist Form) APPENDIX E - Negative Declaration APPENDIX F - Notice of Determination (re Negative Declaration) APPENDIX G - Notice of Preparation (re Draft EIR) APPENDIX H - Notice of Completion (re Draft EIR) APPENDIX I - Notice of Determination (re EIR) APPENDIX J - Statutory Exemptions APPENDIX R - Monitoring/Reporting Checklist Procedures iii ARTICLE I -- GENERAL Section 1. 1: EFFECT OF GUIDELINES. This resolution may be cited as the "City of Dublin CEQA Guidelines. " The provisions of this resolution are adopted pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code § 21000, et seg. , ) and the "State CEQA Guidelines" (California Administrative Code, Title 14, Chapter 3, § 15000 et sea. ) . These CEQA Guidelines are intended to implement the provisions of CEQA and to supplement the State CEQA Guidelines. In case of a conflict between CEQA or the State CEQA Guidelines and this resolution, the statutory provisions of CEQA and the State CEQA Guidelines shall prevail. Section 1. 2: WHEN EIR IS REQUIRED. An environmental impact report ("EIR") shall be prepared and certified when specifically required by State statute. An EIR is also required for all projects, as herein defined, for which the City determines that there is substantial evidence supporting a fair argument that the project may have a significant effect on the environment and which involve discretionary governmental action, unless exempted herein or by State statute. Determination of significant effect shall be made as provided in § 15064 of the State CEQA Guidelines. Exemptions are provided for projects which (1) require only ministerial approval from City (Section 1. 4 (a) ) , (2) are categorically exempt (Section 1.4 (b) ) , (3) are emergencies (Section 1.4 (c) ) , (4) are statutorily exempt (Section 1.4 (d) (ii) , or (5) are determined by City to have no significant effect on the environment (Section 1.4 (d) (iii) . In marginal cases where it is not clear whether there is substantial evidence that a project may have a significant effect on the environment, an EIR shall be prepared if there is serious public controversy over the environmental effects of a project. Controversy not related to an environmental issue does not require an EIR. Section 1. 3 : DEFINITIONS. Unless otherwise provided herein, the definition of terms used herein shall be the same as the definitions provided in the State Guidelines (Title 14, Chapter 3 , California Administrative Code) , as amended from time to time. (a) "City" shall mean the City of Dublin. (b) "City Manager" shall mean and include the City Manager of the City of Dublin or the City Manager's designee. Section 1. 4 : EXEMPTIONS. (a) Ministerial Exemption. Projects for which only ministerial approval is required are exempt from the requirements of CEQA and of these Guidelines. Ministerial projects include those projects which are undertaken or approved by a governmental 1 r decision made by the City or its officers or employees which merely applies the law to the facts as presented but uses no special discretion or judgment in reaching that decision. Ministerial actions include, but are not limited to those actions listed in Appendix A. (b) Categorical Exemptions. (i) The classes of projects listed in Appendix B have been determined by the Secretary of Resources generally not to have a significant effect on the environment and to be categorically exempt. Unless the exceptions listed in Part II of Appendix B apply, categorically exempt projects are exempt from the provisions of this chapter. (ii) Also generally exempt from provisions of this chapter are the frequently handled projects listed in Appendix B-1 which the City Council has identified as categorically in compliance with 14 California Administrative Code § 15061(c) . (c) Emergency Projects Exemption. The following emergency projects are exempt from the requirements of CEQA and from the provisions of this resolution: (i) Projects to maintain, 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 the California Emergency Services Act, commencing with § 8550 of the Government Code. (ii) Emergency repairs to public service facilities necessary to maintain service. (iii) Specific actions necessary to prevent or mitigate an emergency. (d) Miscellaneous. (i) An activity which is not a "project, " as defined in 14 California Administrative Code § 15378, is exempt from the provisions of this resolution. (ii) A project which is exempt by statute is not subject to the provisions of this resolution (see Art. 18 of the State Guidelines, 14 California Administrative Code § 15260 et sec . , § 14260 et sea. and Appendix J) . (iii) A project is exempt where it can be seen with certainty that there is no possibility that the activity in 2 question may have a significant effect on the environment (14 California Administrative Code 5 15061(b) (3) ) . Section 1.5: NOTICE OF EXEMPTION. (a) If the City Manager determines that a project is exempt from the requirements of CEQA under the provisions of 5 1.4 (a) , (b) , (c) or (d) and the Decision-Making Body approves or determines to carry out the project, the City Manager may file a Notice of Exemption. (See Appendix C for form to be used. ) (b) Whenever the Decision-Making Body approves an applicant's project, the City Manager may file a Notice of Exemption (See Appendix C for form to be used) . (c) The Notice of Exemption shall be filed with the county clerk of the county in which the project will be located after the project has been approved, and will be posted by the county clerk as required by California Administrative Code 5 15062 (c) (2) . Section 1. 6: EVALUATING PROJECTS: INITIAL STUDY. (a) Initial Study. The City Manager shall conduct an Initial Study of all projects not otherwise exempt to determine if the project may have a significant effect on the environment, unless the City Manager determines that the project will clearly have a significant effect on the environment or that State statutes require preparation of an EIR, in which case an EIR shall be prepared. The City Manager shall consult with all Responsible Agencies, if any, as soon as practicable, after determining that an Initial Study is necessary. The Initial Study shall be used to determine whether an EIR or a Negative Declaration shall be prepared. The Initial Study shall consist of an "Environmental Information Form" and an "Environmental Checklist Form. " (See Appendix D for form to be used. ) (b) Time Limits. See 5 2 .8 for applicable time limits. Section 1.7: NEGATIVE DECLARATION. (a) General. A Negative Declaration shall be prepared for a project when: (i) The initial study shows that there is no substantial evidence that the project may have a significant effect on the environment, or (ii) The initial study identified potentially significant effects, but revisions in the project would avoid the effects or mitigate the effects to the point where 3 r clearly no significant effects would occur and there is no substantial evidence that the project as revised may have a significant effect on the environment. (iii) Monitoring and Reporting. When a Negative Declaration is prepared pursuant to 1.7 (a) (ii) of this section, the City shall implement the Monitoring and Reporting procedures described at Article V. (b) Consultation. Before completing a Negative Declaration, the City Manager shall consult with and receive comments from all Responsible Agencies and other interested persons or agencies pursuant to § 2. 6. (c) Contents. The City Manager shall prepare the Negative Declaration. (See Appendix E for form to be used. ) (d) Time Periods for Review and Comment. The public review period for a proposed ND shall be not less than 21 days, or 30 days when the proposed ND is submitted to the State Clearinghouse for review; and further provided that the review period for documents submitted to the State Clearinghouse may be shortened only upon approval by OPR. Public notice for the proposed ND shall specify the public review and comment period. (e) Notice. The City Manager shall provide adequate and sufficient notice of the preparation of a Negative Declaration to the public prior to final adoption by the Decision-Making Body of the Negative Declaration. Notice shall be given to all organizations and individuals who have previously requested it and shall also be given as provided in § 2 . 10. (f) Consideration. Prior to approving the project, the Decision-Making Body shall consider the Negative Declaration together with any comments received during the public review process. The Decision-Making Body shall approve the Negative Declaration if it finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. (i) Monitoring and Reporting. When a Negative Declaration is proposed based on revisions in the project which would avoid or mitigate potentially significant effects identified in the Initial Study (see § 1.7 (a) (ii) ) , the Decision-Making Body shall approve the Negative Declaration only after considering and approving the accompanying Monitoring and Reporting Plan described in Article V. 4 f (g) Notice of Determination. (i) After deciding to carry out or approve a project for which a Negative Declaration has been approved, the City Manager shall file a Notice of Determination. (See Appendix F for form to be used. ) (ii) The Notice of Determination shall be filed with the county clerk. If the project requires a discretionary approval from any state agency, the Notice of Determination also shall be filed with the Office of Planning and Research. ARTICLE II -- ADMINISTRATION Section 2. 1: PREPARATION. Once it has been determined that an EIR is required for a project, the city shall prepare or cause to be prepared, a draft EIR in accordance with the applicable guidelines. An EIR may be prepared by contract to the City, but in no case shall an EIR be prepared by the project applicant. However, the project applicant may be required to submit such information and data as is necessary for the preparation of an EIR. Section 2 . 2 : FEES. (a) Negative Declaration, EIRs, and Monitoring/ Reporting Plans. Filing fees for preparing and processing Negative Declarations and EIRs, and for preparing and implementing any Monitoring/Reporting Plans required in conjunction with proposed Negative Declarations and EIRS, shall be as set by the City Council by resolution. In addition, the actual cost of outside professional services necessary to assist the City in preparing and/or evaluating the EIR and Monitoring/Reporting Plans will be charged to the applicant. (b) Copies. Copies of any environmental documents shall be available to the public for fees as established by City Council resolution. (c) Notice. The City may by resolution establish reasonable fees for providing public notices to those who request notice. Section 2 . 3 : USE OF A SINGLE EIR. The City may employ a single EIR to describe more than one project, if such projects are essentially the same in terms of environmental impact. Further, the City may use an earlier EIR prepared in connection with an earlier project to apply to a later project, if the circumstances of the projects are essentially the same. Whenever the City 5 chooses to utilize these alternatives, it shall follow the procedures set forth in 14 Cal. Admin. Code § 15153 . Section 2 .4: MULTIPLE AND 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 effects, the City shall prepare a single program EIR for the ultimate project as described in 14 Cal. Admin. Code § 15168. Where an individual project is a necessary precedent for action on a larger project, or commits the City to a larger project, with significant environmental effect, the EIR must address itself to the scope of the larger project. Where one project is one of several similar projects but is not deemed a part of a larger undertaking or a larger project, the City may prepare one EIR for all projects, or one for each project, but shall in either case comment upon the cumulative effect. Section 2 .5: REDEVELOPMENT PROJECTS. (a) All public and private activities or undertakings pursuant to or in furtherance of a redevelopment plan constitute a single project, which shall be deemed approved at the time of adoption of the redevelopment plan by the City of Dublin. The EIR in connection with the redevelopment plan shall be submitted in accordance with § 33352 of the Health and Safety Code. (b) An EIR on a redevelopment plan shall be treated as a program EIR with no subsequent EIRs required for individual components of the redevelopment plan unless a subsequent EIR or a supplement to an EIR would be required by §§ 2 . 6 or 2 .7. Section 2 . 6: CONSULTATION. (a) Consultation At Time Of Initial Study. As soon as the City has determined that an Initial Study will be required for the project, the City shall consult informally with all Responsible Agencies and all Trustee Agencies responsible for resources affected by the project to obtain the recommendations of those agencies as to whether an EIR or a Negative Declaration should be prepared. (i) During or immediately after preparation of an Initial Study for a private project, the City may consult with the applicant to determine if the applicant is willing to modify the project to reduce or avoid the significant effects identified in the Initial Study. (b) Consultation Before Completing Negative Declaration. When modifications in a project have been made following the Initial Study, the City Manager shall prepare a revised Initial Study which reflects these changes and shall consult with all Responsible Agencies and all Trustee Agencies 6 responsible for resources affected by the project before completing the Negative Declaration. This consultation may take place during the public review period required by § 1.7 (e) . (c) Initial Consultation When EIR Required. Immediately after deciding that an EIR is required, consultation shall take place through use of the Notice of Preparation procedure described at § 3.2 (b) . (d) Meetings. In order to expedite consultation, the City, a Responsible Agency, a Trustee Agency, a project applicant or, if the project may affect highways or other facilities under its jurisdiction the Department of Transportation may request one or more meetings between representatives of the agencies involved to assist the City in determining the scope and content of the environmental information which the Responsible Agency may require. Such meetings shall be convened by the City Manager as soon as possible, but no later than 30 days, after the meeting was requested. (e) Consultation with other Interested Agencies. For projects of statewide, regional or areawide significance, the City shall consult with regional transportation planning agencies and public agencies which have transportation facilities as defined in P.R.C. sec. 21092.4 in the same manner as consultation with Responsible Agencies. These other interested agencies shall receive public notice pursuant to section 2 . 10 and copies of project related environmental documents. Section 2 .7 : SUBSEQUENT EIR. (a) Where an EIR or Negative Declaration has been prepared, no additional EIR need be prepared unless: (i) Subsequent changes are proposed in the project which will require important revisions of the previous EIR or Negative Declaration, due to the involvement of new significant environmental impacts not considered in a previous EIR or Negative Declaration on the project; (ii) Substantial changes occur with respect to the circumstances under which the project is undertaken, such as a substantial deterioration in the air quality where the project will be located, which will require important revisions in the previous EIR or Negative Declaration due to the involvement of new significant environmental impacts not covered in a previous EIR or Negative Declaration; or (iii) New information of substantial importance to the project becomes available, and 7 (A) The information was not known and could not have been known at the time the previous EIR was certified as complete or the Negative Declaration was adopted, and (B) The new information shows any of the following: (1) The project will have one or more significant effects not discussed previously in the EIR, (2) Significant effects previously examined will be substantially more severe than shown in the EIR, (3) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, or (4) Mitigation measures or alternatives which were not previously considered in the EIR would substantially lessen one or more significant effects on the environment. (b) If the EIR or Negative Declaration has been completed but the project has not yet been approved, the City shall prepare or cause to be prepared the subsequent EIR before approving the project. (c) If the project was approved prior to the occurrence of the conditions described in Subsection (a) , the subsequent EIR shall be prepared by the public agency which grants the next discretionary approval for the project. Section 2 .8: SUPPLEMENT TO AN EIR. (a) The City Manager may choose to prepare a supplement to an EIR rather than a subsequent EIR if: (i) Any of the conditions described in Section 2 . 6 would require the preparation of a subsequent EIR, and (ii) Only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. (b) The supplement to the EIR need contain only the information necessary to make the previous EIR adequate for the project as revised. 8 (c) A supplement to an EIR shall be given the same kind of notice and public review as is given to a draft EIR, under § 3 .2. (d) A supplement to an EIR may be circulated by itself without recirculating the previous draft or final EIR. (e) When the City decides whether to approve the project, the Decision-Making Body shall consider the previous EIR as revised by the supplemental EIR. A finding under § 3 .4 shall be made for each significant effect shown in the previous EIR as revised. Section 2 .9 : TIME LIMITS FOR PREPARATION OF ENVIRONMENTAL DOCUMENTS. (a) Initial Determination. Within 30 days after accepting an application as complete for a project involving issuance of a lease, permit, license, certificate or other entitlement for use, the City Manager shall determine whether the City intends to prepare an EIR or a Negative Declaration or use a previously prepared EIR or Negative Declaration. (i) Time Extensions. The 30 day period may be extended 15 days upon the consent of the City Manager and the project applicant. (b) Negative Declaration. With a private project involving issuance of a lease, permit, license, certificate or other entitlement for use, the City Manager shall complete a Negative Declaration for consideration by the Decision-Making Body within 105 days after accepting an application as complete. (i) Time Extensions. This time period may be extended for an additional reasonable period in the event that compelling circumstances justify additional time and the City Manager and project applicant consent to the extension. (c) EIR. With a private project involving issuance of a lease, permit, license, certificate or other entitlement for use, the City Manager shall complete and certify the final EIR within one year after the date when the City accepted the application as complete. (i) Time Extensions. This one-year period may be extended once for a period of not more than 90 days upon consent of the City and the applicant. (d) Combined EIR-EIS and Negative Declarations. Where additional time is required to prepare a combined EIR-EIS or 9 combined Negative Declaration -- Finding of No Significant Impact under state and/or federal law, the City Manager may waive the above time limits at the request of an applicant if the time required to prepare the combined document will be shorter than the time required to prepare the documents separately. (e) Application as Complete. (i) Criteria: The City Manager may establish criteria by which to determine when applications for different types of projects are complete, consistent with Government Code § 65920 et sea. (ii) Determination: The City Manager shall determine whether an application for a permit or other entitlement for use is complete within 30 days from the receipt of the application except as provided in 14 Cal. Admin. Code § 15111. If no written determination of the completeness of the application is made within that period, the application will be deemed complete on the 30th day. (14 Cal. Admin. Code § 15101. ) No application for a project may be deemed incomplete for lack of a waiver of time periods prescribed by local ordinance or (f) Suspension of Time Periods. An unreasonable delay by an applicant in meeting requests by the City necessary for the preparation of a Negative Declaration or an EIR shall suspend the running of the time periods described herein at (b) and (c) for the period of the unreasonable delay. Alternatively, the City may disapprove a project application where there is unreasonable delay in meeting requests. The City may allow a renewed application to start at the same point in the process where the application was when it was disapproved. Section 2 . 10: NOTICE. (a) Contents. Notice required under this resolution shall include the following information: (i) The period during which comments will be received on the draft EIR or proposed Negative Declaration; and (ii) The date, time, and place of any public hearings or meetings of the proposed project; and (iii) A brief description of the proposed project and its location; and (iv) The address where copies of the draft EIR or proposed Negative Declaration are available for review. 10 (b) Procedures. Unless otherwise provided herein, when notice is required to be given it shall be given to all organizations and individuals who have previously requested such notice. The City may require requests for notice to be renewed annually. Notice shall also be given by at least one of the following procedures: (i) Publication, no fewer times than required by Government Code § 6061 (at least one time) , by the public agency in a newspaper of general circulation in the area affected by the proposed project; or (ii) Posting of notice by the public agency on and off site in the area where the project is to be located; or (iii) Direct mailing to occupants and owners of property contiguous to the project as such owners are shown on the latest equalized assessment roll. Section 2 . 11: STATUTE OF LIMITATIONS. (a) Any action or proceeding challenging the Notice of Determination (Negative Declaration) § 1.7 (f) ) or the Notice of Determination (EIR) (§ 3 . 2 (g) ) shall be commenced within 30 days after the filing and posting of such notice. (b) Any action or proceeding challenging the Notice of Exemption (§ 1.5) shall be commenced within 35 days after the filing of such notice. If a Notice of Exemption is not filed, a 180 day statute of limitations will apply. (c) Any action or proceeding alleging that any act or omission of the City does not comply with CEQA, the State CEQA Guidelines or the City of Dublin CEQA Guidelines shall be commenced within 30 days after the filing of the Notice of Determination (Appendix I) required by § 3 . 2 (g) . ARTICLE III -- PROCEDURES Section 3 . 1: DECISION TO PREPARE AN EIR. (a) If the City Manager finds that the project may have a significant effect on the environment, or that State statutes require preparation and certification of an EIR for the project, he shall prepare or cause to be prepared an EIR. (b) An EIR should be prepared whenever it can be fairly argued on the basis of substantial evidence in the record that the project may have a significant effect on the environment. it Section 3 . 2 : EIR PROCESS. (a) General. When the City Manager decides that an EIR will be required for a project, he shall follow the procedures contained in this section. (b) Notice of Preparation. Immediately after deciding that an EIR is required for a project, the City Manager shall send a Notice of Preparation stating that an EIR will be prepared to each Responsible Agency, to every federal agency involved in approving or funding the project, and to those Trustee Agencies responsible for natural resources affected by the Project. (See Appendix G for form to be used. ) The Notice of Preparation shall be posted in the office of the county clerk of the county in which the project will be located and shall remain posted for 30 days. Responses to the Notice of Preparation may be included in the draft EIR. (c) Consultation. Prior to completing the draft EIR, the City Manager may consult with any person or organization he believes will be concerned with the environmental effects of the project. (d) Notice of Completion. The City Manager shall file a notice of completion with the Office of Planning and Research when the draft EIR is completed. (See Appendix H for form to be used. ) Upon filing the notice of completion, the City Manager shall provide public notice of the availability of the draft EIR. (e) Preparation of Draft EIR. (i) The City Manager shall prepare or cause to be prepared directly or under contract to the City a draft EIR. The required contents of a draft EIR are specified in this Article III of these guidelines. (ii) The city may require the project applicant to supply data and information both to determine whether the project may have a significant effect on the environment and to assist the City in preparing the draft EIR. The requested information should include an identification of other public agencies which will have jurisdiction by law over the project. (iii) Any person, including the applicant, may submit information or comments to the City to assist in the preparation of the draft EIR. The submittal may be presented in any format, including the form of a draft EIR. The City must consider all information and comments received. The information or comments may be included in the draft EIR in whole or in part. 12 (iv) The City may choose one of the following arrangements or a combination of them for preparing a draft EIR: (A) Preparing the draft EIR directly with its own staff. (B) Contracting with another entity, public or private, to prepare the draft EIR. (C) Executing a third party contract or Memorandum of Understanding with the applicant to govern the preparation of a draft EIR by an independent contractor. (D) Using a previously prepared EIR. (v) Before using a draft prepared by another person, the city shall subject the draft to the agency's own review and analysis. The draft EIR which is sent out for public review must reflect the independent judgment of the Lead Agency. The Lead Agency is responsible for the adequacy and objectivity of the draft EIR. (g) Certification of Final EIR. The final EIR shall be presented to the Decision-Making Body within the time period set forth in § 2 . 8 (c) . The Decision-Making Body shall certify that the final EIR has been completed in compliance with CEQA, the State EIR Guidelines and these guidelines and that the Decision-Making Body has reviewed and considered the information contained in the EIR prior to the approval of the project. (h) Notice of Determination. (i) After approving a project for which an EIR has been prepared, the City Manager shall file a Notice of Determination within five working days of project approval. (See Appendix I for form to be used. ) (ii) The Notice of Determination shall be filed with the county clerk. If the project requires discretionary approval from a state agency, the notice shall also be filed with the Office of Planning and Research. Section 3 . 3 : REVIEW AND COMMENT. (a) General. After completing a draft EIR the City Manager shall consult with and obtain comments from responsible 13 agencies, trustee agencies with resources affected by the project, any city or county which borders the city or county within which the project is located, and other state, federal, and local agencies which exercise authority over resources which may be affected by the project. The City Manager may also consult with and obtain comments from any persons known to him having special expertise with respect to any environment impact involved. (b) Public Notice. At the same time that he files a notice of completion with the Office of Planning and Research, the City Manager shall provide public notice of completion of a draft EIR in the manner specified in § 2 . 10. (c) Distribution. The City Manager shall use the State Clearinghouse to distribute EIRs and other environmental documents to state agencies for review and should use area-wide clearinghouses to distribute such documents to regional and local agencies. The City Manager should also furnish copies of such documents to appropriate public library systems for public review. (d) Listings. The City Manager may compile listings of agencies which have jurisdiction by law and/or special expertise with respect to various projects and project locations to be used as a guide in determining which agencies shall be consulted with regard to a particular project. (e) Time Periods for Review and Comments. The public review period for draft EIRs shall not be less than 30 days, or 45 days when the draft EIR is submitted to the State Clearinghouse for review, nor longer than 90 days from the date of the notice of completion except in unusual situations; and further provided that the review period for documents submitted to the State Clearinghouse may be shortened only upon approval by OPR. Public notice for the draft EIR shall specify the public review and comment period. (f) Public Hearing. The Planning Commission or City Council may hold a public hearing on the draft EIR during the time period for review and comment. (g) Evaluation of and Response to Comments. The City Manager shall evaluate and, where appropriate, prepare a written response to all comments received prior to preparation- of the final EIR. Section 3 .4: FINDINGS. (a) The Decision-Making Body shall not approve or carry out a project for which an EIR has been completed which identifies one or more significant effects of the project unless it makes one or more of the following written findings for each 14 of those significant effects, accompanied by a statement of the facts and rationale supporting each finding: (i) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect thereof as identified in the final EIR; (ii) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City. Such changes have been adopted by such other agency or can and should be adopted by such other agency; (iii) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings shall be supported by substantial evidence in the record. (c) The finding in subsection (a) (ii) shall not be made if the City has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. (d) The City shall not approve or carry out a project as proposed unless either: (i) The project as approved will not have a significant effect on the environment, or (ii) The City has eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under § 3 .4 (a) , (b) and (c) and has determined that any remaining significant effects on the environment found to be unavoidable under § 3 .4 (a) are acceptable due to overriding concerns as described in § 3 . 5. Section 3 .5: OVERRIDING CONSIDERATION. (a) Where the Decision-Making Body's decision to approve a project allows the occurrence of significant effects which are identified in the final EIR but are not at least substantially mitigated, the Decision-Making Body must state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement may be necessary if the agency also makes a finding under § 3 .4 (a) (ii) or (a) (iii) . (b) The statement of overriding considerations shall include findings by the Decision-Making Body that: 15 (i) There is no feasible way to lessen or avoid the significant effect; and (ii) Specifically identified expected benefits from the project outweigh the policy of reducing or avoiding significant environmental impacts of the project. (c) The statement of overriding considerations shall be included in the record of the project approval and shall be mentioned in the Notice of Determination. ARTICLE IV -- CONTENTS (EIR) Section 4 . 1: GENERAL. (a) Environmental Impact Reports shall contain the information outlined in this article. Each element must be covered, and when these elements are not separated into distinct sections, the document shall state where in the document each element is discussed. (b) Each EIR shall contain: (i) a table of contents or index; and (ii) a brief summary, not to exceed 15 pages, of the proposed action and its consequences in clear and simple language. The summary shall identify: (A) each significant effect with proposed mitigation measures and alternatives that would reduce or avoid that effect; (B) areas of controversy known to the City including issues raised by agencies and the public; and (C) issues to be resolved including the choice among alternatives and whether or how to mitigate the significant effects. (c) The EIR shall include summarized technical data, maps, plot plans, diagrams and similar relevant information sufficient to permit full assessment of significant environmental impacts by reviewing agencies and members of the public. Highly technical and specialized analysis and data should, to the extent possible, be included in appendices, which 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. 16 (d) The EIR should be prepared using a systematic, interdisciplinary approach. The EIR shall reference all documents used in its preparation including, where possible, citation to the page and section number of any technical reports which were used as the basis for any statements in the EIR. (e) The EIR should discuss environmental effects in proportion to their severity and probability of occurrence. Effects dismissed in an Initial Study as clearly insignificant and unlikely to occur need not be discussed further in the EIR unless the City Manager subsequently receives information inconsistent with the finding in the Initial Study. A copy of the Initial Study shall be attached to the EIR to provide the basis for limiting the impacts discussed. (f) The EIR should note any particular impacts which were found to be too speculative for evaluation. Section 4 .2 : DESCRIPTION OF PROJECT. The description of the project shall contain the following information but should not supply extensive detail beyond that needed for evaluation and review of the environmental impact: (a) The precise location and boundaries of the proposed project shall be shown on a detailed map, preferably topographic. The location of the project shall also appear on a regional map; (b) A statement of the objectives sought by the proposed project; (c) A general description of the project's technical, economic, and environmental characteristics, considering the principal engineering proposals and supporting public service facilities; and (d) A statement briefly describing the intended uses of the EIR, including a list of the agencies that are expected to use the EIR in their decision-making and a list of approvals for which the EIR will be used. Section 4 . 3 : DESCRIPTION OF ENVIRONMENTAL SETTING. An EIR must include a description of the environment in the vicinity of the project, as it exists before commencement of the project, from both a local and regional perspective. (a) Knowledge of the regional setting is critical to the assessment of environmental impact. Special emphasis should be placed on environmental resources that are rare or unique to the region and would be affected by the project. 17 (b) The EIR shall discuss any inconsistencies between the proposed project and applicable general plans and regional plans. Such regional plans include, but are not limited to, the applicable Air Quality Management Plan (or State Implementation Plan once adopted) , area-wide waste treatment and water quality pans, regional transportation plans, regional housing allocation plans and regional land use plans for the protection of San Francisco Bay. (c) Where a proposed project is compared with an adopted plan, the analysis shall examine the existing physical conditions as well as the potential future conditions discussed in the plan. Section 4 .4: ENVIRONMENTAL IMPACT. All phases of a project must be considered when evaluating its impact on the environment: planning, acquisition, development and operation. Except as provided in § 4.5, the following subjects shall be discussed, preferably in separate sections or paragraphs. If they are not discussed separately, the EIR shall include a table showing where each of the subjects is discussed. (a) The Significant Environmental Effects of the Proposed Project. 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. Relevant specifics of the area, the resources involved, physical changes, alteration to ecological systems and changes induced in population distribution, population concentration, the human use of the land (including commercial and residential development) , health and safety problems caused by the physical change, and other aspects of the resource base such as water, scenic quality and public services should be included. Any significant environmental effects the project might cause by bringing development and people into the area affected should be discussed. (b) Any Significant Environmental Effect Which Cannot Be Avoided if the Proposal is Implemented. Describe any significant impacts, including those which can be mitigated but not reduced to a level of insignificance. Where there are impacts that cannot be alleviated, without imposing an alternative design, their implications and reasons why the project is being proposed, notwithstanding their effect, should be described. (c) Mitigation Measures Proposed to Minimize the Significant Effects. Describe measures which could minimize significant adverse impacts, including inefficient and unnecessary consumption of energy. The discussion of mitigation measures shall distinguish between the measures which are proposed by project proponents to be included in the project and other measures that are not included but could reasonably be 18 expected to reduce adverse impacts if required as conditions of approving the project. This discussion shall identify mitigation measures for each significant environmental effect identified in the EIR. Where several measures are available to mitigate an impact, each should be discussed and the basis for selecting a particular measure should be identified if one has been selected. Energy conservation measures, as well as other appropriate mitigation measures, shall be discussed when relevant. If a mitigation measure would cause one or more significant effects in addition to those that would be caused by the project as proposed, the effects of the mitigation measure shall be discussed but in less detail than the significant effects of the project as proposed. (d) Alternatives to the Proposed Action. Describe a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, and evaluate the comparative merits of the alternatives: (i) If there is a specific proposed project or a preferred alternative, explain why the other alternatives were rejected in favor of the proposal if they were considered in developing the proposal. (ii) The specific alternative of "no project" shall also be evaluated along with the impact. If the environmentally superior alternative is the "no project" alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. (iii) The discussion of alternatives shall focus on alternatives capable of eliminating any significant adverse environmental effects or reducing them to a level of insignificance, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly. (iv) If an alternative would cause one or more significant effects in addition to those that would be caused by the project as proposed, the significant effects of the alternative shall be discussed but in less detail than the significant effects of the project as proposed. (v) The range of alternatives required in an EIR is governed by "rule of reason" that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The key issue is whether the selection and discussion of alternatives fosters informed decision-making and informed public participation. An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote and speculative. 19 (e) The Relationship Between Local Short-Term Use of Man' s Environment and the Maintenance and Enhancement of Long- Term Productivity. Describe the cumulative and long-term effects of the proposed project which adversely affect the state of the environment. Special attention should be given to impacts which narrow the range of beneficial uses of the 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. (f) Any Significant Irreversible Environmental Changes Which Would Be Involved in the Proposed Action Should It Be Implemented. Uses of nonrenewable resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources makes removal or nonuse thereafter unlikely. Primary impacts and, particularly, secondary impacts (such as a highway improvement which provides access to a previously inaccessible area) generally commit future generations to similar uses. Also irreversible damage can result from environmental accidents associated with the project. Irretrievable commitments of resources should be evaluated to assure that such current consumption is justified. (g) The Growth-Inducing Impact of the Proposed Action. Discuss the ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles to population growth (a major expansion of a waste water treatment plant might, for example, allow for more construction in service areas) . Increases in the population may further tax existing community service facilities so consideration must be given to this impact. Also discuss the characteristic of some projects which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. (h) Cumulative Impacts. - Cumulative impacts shall be discussed when they are significant and shall include: (i) (A) A list of past, present, and reasonably anticipated future projects producing related or cumulative impacts, including those projects outside the control of the agency, or (B) A summary of projections contained in an adopted general plan or related planning document which is designed to evaluate regional or areawide 20 conditions. Any such planning document shall be referenced and made available to the public at a location specified by the City; (ii) A summary of the expected environmental effects to be produced by those projects with specific reference to additional information stating where that information is available, and (iii) A reasonable analysis of the cumulative impacts of the relevant projects. An EIR shall examine reasonable options for mitigation or avoiding any significant cumulative effects of a proposed project. Section 4 . 5: LIMITATION ON DISCUSSION OF ENVIRONMENTAL IMPACTS. The information required by subsections (e) and (f) of Section 4 .4 need be included only in EIRs prepared in connection with: (a) the adoption, amendment or enactment of a plan, policy or ordinance, or (b) A project which will be subject to the requirements for preparing an environmental impact statement pursuant to federal law. Section 4 . 6: EFFECTS FOUND NOT TO BE SIGNIFICANT. An EIR shall contain a statement briefly indicating the reasons that various possibly significant effects of a project were determined not to be significant and were therefore not discussed in detail in the EIR. Such a statement may be contained in an attached copy of an Initial Study. Section 4 .7: ORGANIZATIONS AND PERSONS CONSULTED. The identity of all federal, state or local agencies, other organizations and private individuals consulted in preparing the draft EIR, and the identity of the persons, firm or agency preparing the draft EIR, by contract or other authorization, must be given. Section 4 .8: ECONOMIC AND SOCIAL EFFECTS. Economic, social and housing factors shall be considered by the Decision-Making Body together with technological and environmental factors in deciding whether changes in the project are feasible to reduce or avoid the significant effects on the environment identified in the EIR. Economic or social information may be included in the EIR or may be included in the record. Section 4 .9: FINAL EIR. (a) The Final EIR shall consist of: (i) The draft EIR or a revision of the draft; 21 comments and recommendations received on the draft EIR, either verbatim or in summary; (iii) A list of persons, organizations and public agencies commenting on the draft EIR; and (iv) The responses of the City to significant environmental points raised in the review and consultation process. The response of the City to comments received may take the form of a revision of the draft EIR or may be an attachment to the draft EIR. The response shall describe the disposition of significant environmental issues raised (e.g. , revision to the proposed project to mitigate anticipated impacts or objection) . In particular, the major issues raised when the City's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted. There must be good faith, reasoned analysis in response, as opposed to conclusory statements unsupported by factual information. Section 4 . 10: PAGE LIMITS. The text of draft EIRs shall normally be 150 pages or less; proposals of unusual scope or complexity should normally be 300 pages or less. Section 4 . 11: INCORPORATION BY REFERENCE. All or portions of any document which is a matter of public record or generally available to the public may be incorporated by reference in an EIR. Any such document shall be available for public inspection in the City Clerk's Office and the EIR shall so state. Where possible, the incorporated document shall be briefly summarized in the EIR. ARTICLE V -- MITIGATION MONITORING AND REPORTING PROGRAM Section 5. 1: MONITORING/REPORTING PLAN. A Monitoring/Reporting Plan shall be required when, (a) Approval of a Negative Declaration is proposed based on revisions in the project which would avoid or mitigate potentially significant effects identified during the initial study (see § 1.7 (a) (ii) ) ; or (b) Approval of an EIR is proposed based upon written findings that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the potentially significant environmental effect identified in the EIR. See § 3.4 (a) (1) . 22 Section 5. 2 : PREPARATION OF PLAN. Once it has been determined by the City Manager that a Monitoring/Reporting Plan is required for a project, the City Manager shall prepare or cause to be prepared such a Plan, by any of the following methods: (a) By City staff; (b) By contract to the City; (c) By the project proponent; or (d) By an agency having jurisdiction by law over natural resources where changes have been required or incorporated into the project at the request of that agency. Section 5.3 : FORM AND CONTENT OF THE PLAN. A Monitoring/ Reporting Plan shall be attached as an exhibit and shall be incorporated for purposes of adoption and certification to a Negative Declaration or an EIR. The Plan's contents shall include, but are not limited to: (a) A project Mitigation Measures Monitoring Checklist summarizing: (i) proposed mitigation measures, (ii) compliance scheduling, and (iii) method of inspection, documentation and reporting. A basic checklist and a set of procedures for its use is set forth at Appendix K. This checklist shall be used and these procedures shall be followed unless an alternative method incorporating the requirements of this section is recommended by the Planning Director and approved by the Decision Making Body. (i) A separate identification and description of each proposed mitigation measure, project alteration and adopted project alternative to be incorporated as a condition of approval for the project in order to mitigate or avoid significant effects on the environment. (ii) A compliance schedule which specifies when the project proponent plans to meet each condition of approval. (iii) A verification plan which identifies which individuals, firms or agencies are responsible for monitoring and reporting upon implementation of the Plan. (b) The monitoring or reporting plan shall include a provision that transportation information resulting from the monitoring or reporting program be submitted to a regional transportation agency in accordance with the agency's adopted submittal guidelines. 23 (c) A Cost Recovery Program proposal estimating the costs of carrying out the Plan and specifying how, when, and in what form the project proponent will pay these costs. Section 5.4: TIMING. The Monitoring/Reporting Plan shall be incorporated and made part of the Negative Declaration or EIR. The Plan shall be prepared and circulated together with the proposed Negative Declaration or draft EIR. Section 5. 5: REVIEW AND APPEAL. Disagreements regarding the interpretation and application of the provisions of an adopted Monitoring/Reporting Plan shall be resolved by the Planning Director. The Planning Director's decision may be appealed to the City Manager. All such appeals must be made in written form and must be filed with the City Clerk no later than ten (10) days following the Planning Director's decision. The City Manager's decision shall be final. 114\RESOL\CEQA.EHS 24 APPENDIX A MINISTERIAL EXEMPTIONS (14 California Administrative Code §§ 15268, 15369, City of Dublin Guidelines, § 1.4 (a) ) In the absence of any discretionary provision contained in the relevant local ordinance, it shall be prescribed that the following actions are ministerial. 1 APPENDIX B CATEGORICAL EXEMPTIONS (City of Dublin Guidelines § 1.4 (b) ; 14 California Administrative Code § 15300 et sea. ) I. CLASSES 1. Class 1: Existing Facilities. 15301 Class 1 consists of the operation, repair, maintenance or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including but not limited to: (A) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; (B) Existing facilities of both investor and publicly- owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; (C) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities except where the activity will involve removal of a scenic resource including a stand of trees, a rock outcropping, or a historic building; (D) Restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide or flood; (E) Additions to existing structures provided that the addition will not result in an increase of more than: (1) 50 percent of the floor area of the structures before the addition or 2 , 500 square feet, whichever is less; or (2) 10, 000 square feet if: (a) The Project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and 1 (b) The area in which the project is located is not environmentally sensitive. (F) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities or mechanical equipment, or topographical features including navigational devices; (G) New copy on existing on and off-premise signs; (H) Maintenance of existing landscaping, native growth and water supply reservoirs (excluding the use of economic poisons, as defined in Division 7, Chapter 2 , California Agricultural Code) ; (I) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (clearing of debris) to protect fish and wildlife resources; (J) Fish stocking by the California Department of Fish and Game; (K) Division of existing multiple family rental units into condominiums; (L) Demolition and removal of individual small structures listed in this subsection except where the structures are of historical, cultural, archaeological or architectural significance: (1) Single family residences not in conjunction with the building of two or more units. In urbanized areas, up to three single-family residences may be demolished under this exemption. (2) Apartments, duplexes and similar structures, with no more than four dwelling units if not in conjunction with the demolition of two or more such structures. In urbanized areas, this exemption applies to single apartments, duplexes, and similar structures designed for not more than six dwelling units if not demolished in conjunction with the demolition of two or more such structures. (3) Stores, motels, offices, restaurants, and similar small commercial structures if designed for an occupant load of 30 persons or less, if not constructed in conjunction with the demolition of two or more such structures. In urbanized areas, the exemption also applies to commercial buildings of 30 persons or less if not 2 demolished in conjunction with the demolition of four or more such structures. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. (M) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. (N) Conversion of a single family residence to office use. (0) The conversion of existing commercial units in one structure from single to condominium type ownership. 2 . Class 2: Replacement or Reconstruction. 15302 Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (A) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 50 percent; (B) Replacement of a commercial structure with a new structure of substantially the same size, purpose and capacity. (C) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. (D) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electrical utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. 3 . Class 3 : New Construction or Conversion of Small Structures. 15303 Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel or 3 to be associated with a project within a two year period. Examples of this exemption include but are not limited to: (A) Single-family residences not in conjunction with the building of two or more units. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. (B) Apartments, duplexes and similar structures, with no more than four dwelling units if not in conjunction with the building or conversion of two or more such structures. In urbanized areas, exemption applies to single apartments, duplexes, and similar small structures designed for not more than six dwelling units if not constructed in conjunction with the building or conversion of two or more such structures. (C) Stores, motels, offices, restaurants and similar small commercial structures not involving the use of significant amounts of hazardous substances, if designed for an occupant load of 30 persons or less, if not constructed in conjunction with the building of two or more such structures. In urbanized areas, the exemption also applies to commercial buildings on sites zoned for such use, if designed for an occupant load of 30 persons or less, if not constructed in conjunction with the building of four or more such structures and if not involving the use of significant amounts of hazardous substances. (D) Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction. (E) Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. Note: See Part II "Exceptions" herein re location of project. 4 . Class 4: Minor Alterations to Land. 15304 Class 4 consists of minor public or private alterations in the condition of land, water and/or vegetation which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. Examples include but are not limited to: (A) Grading on land with a slope of less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated (by Federal, State or local government action) scenic area, or in officially mapped areas of severe geologic hazard, or any land mapped or known or suspected to include cultural, historic or archeological resources. (B) New gardening or landscaping. 4 (C) Filling of earth into previously excavated land with material compatible with the natural features of the site. (D) Minor alterations in land, water and vegetation on existing officially designated wildlife management areas or fish production facilities which result in improvement of habitat for fish and wildlife resources or greater fish production; (E) Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc. (F) Minor trenching and backfilling where the surface is restored. (G) Maintenance dredging where the spoil is deposited in a spoil area authorized by all applicable state and federal regulatory agencies. (H) The creation of bicycle lanes on existing rights- of-way. Note: See Part II "Exceptions" herein re location of project. 5. Class 5: Minor Alterations in Land Use Limitations. 15305 Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to: (A) Minor lot line adjustments, side yard and set back variances not resulting in the creation of any new parcel; (B) Issuance of minor encroachment permits. (C) Reversion to acreage in accordance with the Subdivision Map Act. Note: See Part II "Exceptions" herein re location of project. 6. Class 6: Information Collection. 15306 Class 6 consists of basic data collection, research, experimental management and resource evaluation activities which _ do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted or funded. 5 Note: See Part II "Exceptions" herein re location of project. 7. Class 7• Actions by Regulatory Agencies for Protection of Natural Resources. 15307 Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. Examples include but are not limited to wildlife preservation activities of the State Department of Fish and Game. Construction activities are not included in this exemption. 8 . Class 8 • Actions by Regulatory Agencies for Protection of the Environment. 15308 Class 8 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. 9 . Class 9: Inspections. 15309 Class 9 consists of activities limited entirely to inspections, to check for performance of an operation, or quality, health or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation or adulteration of products. 10. Class 10: Loans. 15310 Class 10 consists of loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. Class 10 includes but is not limited to the following examples: (A) Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943 . (B) Purchases of mortgages from banks and mortgage companies by the Public Employees Retirement System and by the State Teachers Retirement System. 11. Class 11: Accessory Structures. 6 Class 11 consists of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (A) On-premise signs; (B) Small parking lots. (C) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. Note: See Part II "Exceptions" herein re location of project. 12 . Class 12• Surplus Government Property Sales. 15312 Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide, regional, or areawide concern identified in S 15206 (b) (4) . However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: (A) The property does not have significant values for wildlife habitat or other environmental purposes, and (B) Any of the following conditions exist: (1) The property is of such size, shape, or inaccessibility that it is incapable of independent development or use, or (2) The property to be sold would qualify for an exemption under any other class of categorical exemption in these guidelines, or (3) The use of the property and adjacent property has not changed since the time of purchase by the public agency. 13 . Class 13 • Acquisition of Lands for Wildlife Conservation Purposes. 15313 Class 13 consists of the acquisition of lands for fish and wildlife conservation purposes including preservation of fish _ and wildlife habitat, establishing ecological reserves under Fish and Game Code S 1580, and preserving access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. 7 14 . Class 14: Minor Additions to Schools. 15314 . Class 14 consists of minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25% of ten classrooms, whichever is less. The addition of portable classrooms is included in this exemption. 15. Class 15: Minor Land Divisions. 15315 Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20%. 16. Class 16• Transfer of Ownership of Land in Order to Create Parks. 15316 Class 16 consists of the acquisition or sale of land in order to establish a park where the land is in a natural condition or contains historic sites or archaeological sites and either: (A) The management plan for the park has not been prepared, or (B) The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological site. CEQA will apply when a management plan is proposed that will change the area from its natural condition or significantly change the historic or archaeological site. 17. Class 17• Open Space Contracts or Easements. 15317 Class 17 consists of the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area. The cancellation of such preserves, contracts, interests or easements is not included and will normally be an action subject to the CEQA process. 18. Class 18• Designation of Wilderness Areas. 15318 Class 18 consists of the designation of wilderness areas under the California Wilderness System. 8 19 . Class 19• Annexations of Existing Facilities and Lots for Exempt Facilities. 15319 Class 19 consists of only the following annexations: (A) Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities. (B) Annexations of individual small parcels of the minimum size for facilities exempted by 5 15303 , New Construction or Conversion of Small Structures. 20. Class 20: Changes in Organization of Local Agencies. 15320 Class 20 consists of changes n the organization or reorganization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. Examples include but are not limited to: (A) Establishment of a subsidiary district. (B) Consolidation of two or more districts having identical powers. (C) Merger with a city of a district lying entirely within the boundaries of the city. 21. Class 21• Enforcement Actions by Regulatory Agencies. 15321 Class 21 consists of: (A) Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Such actions include, but are not limited to, the following: (1) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard, or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforcement. 9 (2) The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard or objective. (B) Law enforcement activities by peace officers acting under any law that provides a criminal sanction. (C) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. 22 . Class 22 • Educational or Training Programs Involving No Physical Changes. 15322 Class 22 consists of the adoption, alteration, or termination of educational or training programs which involve no physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. Examples include, but are not limited to: (A) Development of or changes in curriculum or training methods. (B) Changes in the grade structure in a school which do not result in changes in student transportation. 23 . Class 23 : Normal Operations of Facilities for Public Gatherings. 15323 Class 23 consists of the normal operations of existing facilities for public gatherings for which the facilities were designed, where there is a past history of the facility being used for the same or similar kind of purpose. For the purposes of this section, "past history" shall mean that the same or similar kind of activity has been occurring for at least three years and that there is a reasonable expectation that the future occurrence of the activity would not represent a change in the operation of the facility. Facilities included within this exemption include, but are not limited to racetracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pols and amusement parks. 24 . Class 24 : Regulation of Working Conditions. 15324 Class 24 consists of actions taken by regulatory agencies, including the Industrial Welfare Commission as authorized by statute, to regulate any of the following: (A) Employee wages, (B) Hours of work, or 10 (C) Working conditions where there will be no demonstrable physical changes outside the place of work. 25. Class 25• Transfers of Ownership of Interests in Land to Preserve Open Space. 15325 Class 25 consists of the transfers of ownership of interests in land in order to preserve open space. Examples include but are not limited to: (A) Acquisition of areas to preserve the existing natural conditions. (B) Acquisition of areas to allow continued agricultural use of the areas. (C) Acquisition to allow restoration of natural conditions. (D) Acquisition to prevent encroachment of development into flood plains. 26. Class 26: Acquisition of Housing for Housing Assistance Programs. 15326 Class 26 consists of actions by a redevelopment agency, housing authority, or other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units. The housing units may be either in existence or possessing all required permits for construction when the agency makes its final decision to acquire the units. 27 . Class 27: Leasing New Facilities. 15327 (A) Class 27 consists of the leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency where the local governing authority determined that the building was exempt from CEQA. To be exempt under this section, the proposed use of the facility: (1) Shall be in conformance with existing State plans and policies and with general, community, and specific plans for which an EIR or Negative Declaration has been prepared. (2) Shall be substantially the same as that originally proposed at the time the building permit was issued, (3) Shall not result in a traffic increase of greater than 10% of front access road capacity, and 11 (4) Shall include the provision of adequate employee and visitor parking facilities. (B) Examples of Class 27 include but are not limited to: (1) Leasing of administrative offices in newly constructed office space; (2) Leasing of client service offices in newly constructed retail space; (3) Leasing of administrative and/or client service offices in newly constructed industrial parks. 28. Class 28• Small Hydroelectric Projects at Existing Facilities. 15328 Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where: (A) The capacity of the generating facilities is five megawatts or less, (B) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to: (1) Rate and volume of flow; (2) Temperature; (3) Amounts of dissolved oxygen to a degree that could adversely affect aquatic life, and; (4) Timing of release. (C) New power lines to connect the generating facilities to existing power lines._will not exceed one mile in length if located on a new right of way and will not be located adjacent to a wild or scenic river. (D) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment. (E) There will be no significant upstream or downstream passage of fish affected by the project. 12 (F) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure. (G) The project will not cause violations of applicable state or federal water quality standards. (H) The project will not entail any construction on or alteration of a site included in or eligible for inclusion in the National Register of Historic Places, and (I) Construction will not occur in the vicinity of any rare or endangered species. 29 . Class 29 : Cogeneration Projects at Existing Facilities. 15329 Class 29 consists of the installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting the conditions described in this section. (A) At existing industrial facilities, the installation of cogeneration facilities will be exempt where it will: (1) Result in no net increases in air emissions from the industrial facility, or will produce emissions lower than the amount that would require review under the new source review rules applicable in the county, and (2) Comply with all applicable state, federal, and local air quality laws. (B) At commercial and industrial facilities, the installation of cogeneration facilities will be exempt if the installation will: (1) Meet all the criteria described in subsection (a) , (2) Result in no noticeable increase in noise to nearby residential structures, (3) Be contiguous to other commercial or institutional structures. II. EXCEPTIONS 1. Location. 15002.2 (a) Classes 3 , 4, 5, 6, 11 and 12 are qualified by consideration of where the project is to be located -- a project 13 that is ordinarily insignificant in its impact on the environment may, if in a particularly sensitive environment, be significant. Therefore, these classes are considered to apply in all instances, EXCEPT where the project may impact on an environmental, historic, or cultural resource of hazardous or critical concern as may be hereafter designated, precisely mapped, and officially adopted pursuant to law. 2 . Cumulative Impact. 15002.2 (b) All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant -- for example, annual additions to an existing building under Class 1. 3 . Significant Effect. 15002.2 (b) A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. 14 APPENDIX B-1 CATEGORICAL EXEMPTIONS (Guidelines 1.4 (b) (ii) and 14 California Administrative Code § 15061 (c) ) I. Public Works projects -- categorically exempt: These exemptions are subject to the exceptions listed at Appendix B, II. 1 1 ti APPENDIX C NOTICE OF EXEMPTION (To be filed pursuant to City of Dublin CEQA Guidelines, § 1. 5 and 14 California Administrative Code § 15062 (c) (2) . ) TO: County Clerk County of Project Title: Project location (street address, city, county) : Description of nature, purpose and beneficiaries of project: Name of public agency approving project: Name of person or agency carrying out project: Exempt status: Ministerial (City of Dublin CEQA Guidelines, § 1.4 (a) , California Administrative Code § 15268) . Categorical Exemption (City of Dublin CEQA Guidelines, § 1.4 (b) , California Administrative Code § 15300, et sea. ) (state type and section number, if categorical exemption. ) Declared Emergency (City of Dublin CEQA Guidelines, § 1.4 (c) (ii) and (iii) and California Administrative Code § 15269 (a) . ) Emergency Project (City of Dublin CEQA Guidelines, § 1.4 (c) (ii) and (iii) and California Administrative Code § 15269 (b) and (c) . ) Statutorily Exempt under Public Resources Code § _ (City of Dublin CEQA Guidelines, § 1.4 (d) (ii) and California Administrative Code § 15260 et sea. ) Other: 1 Reasons why project is exempt: Contact Person: Telephone: If filed by applicant: 1. Attach certified document of finding of exemption by City. 2 . Has a notice of exemption been filed by the public agency approving the project? Yes No Filed with (Signature) (Print Name) on (Title) (Date) 2 Application Name: APPENDIX D -- (PART I) INITIAL STUDY (ENVIRONMENTAL INFORMATION FORM) (To be Completed by Applicant pursuant to (City of Dublin CEQA Guidelines, § 1. 6) Date Filed: GENERAL INFORMATION 1. Name and address of developer or project sponsor: 2 . Address of project: Assessor's Block and Lot Number: 3 . Name, address and telephone number of person to be contacted concerning this project: 4 . List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 5. Existing zoning district: 6. Description of Project: (Include site area, uses, size and number of buildings, parking, number of dwelling units, scheduling, and any other information necessary or helpful to understand project. This description must be complete and accurate. Exhibits or photographs should be identified and attached. ) (Please attach. ) 7. Are the following items applicable to the project or its effects? Discuss below all items checked (attach additional sheets as necessary) . YES NO 1. Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours. 2 . Change in scenic views or vistas from existing residential areas or public lands or roads. Appendix D (Initial Study/Part I) Page 2 YES NO 3 . Change in pattern, scale or character of general area of project. 4. Significant amounts of solid waste or litter. 5. Change in dust, ash, smoke, fumes or odors in vicinity. 6. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 7. Substantial change in existing noise or vibration levels in the vicinity. S. Site on filled land or on slope of 10 percent (10%) or more. 9. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 10. Substantial change in demand for municipal services (police, fire, water, sewage, etc. ) . 11. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc. ) . 12 . Relationship to a larger project or series of projects. ENVIRONMENTAL SETTING 8. Briefly describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. If necessary, attach photographs of the site. 2 Appendix D (Initial Study/Part I) Page 3 9 . Briefly describe the surrounding properties, including information on plants and animals, any cultural, historical or scenic aspects and the type of land use. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Dated: (Signature) (Print Name) (Title) 3 Application No. : Part I Submitted On (Date) APPENDIX D -- (PART II) INITIAL STUDY (ENVIRONMENTAL CHECKLIST FORM) (To be completed pursuant to CEQA Guidelines, § 1. 6. ) I. BACKGROUND 1. Name, Address and Phone Number of Proponent: 2 . Agency Requiring Checklist: 3 . Name of Proposal, if applicable: II. ENVIRONMENTAL IMPACTS (Explanation of all answers is required. Attach additional sheets if necessary. ) YESMAYBE NOSOURCEZ 1. EARTH. Will the proposal result in: a. Unstable earth conditions or in changes of geologic substructures? b. Disruptions, displacements, compaction or overcovering of the soil? c. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils,either on or off the site? ZRefers to appropriate note on page 9. Appendix D (Initial Study/Part II) Page 2 YES MAYBE NO SOURCE f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition, or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 2. AIR. Will the proposal result in: a. Substantial air emissions of deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? d. Construction or alteration of a facility within one-fourth of a mile of a school which might emit hazardous air emissions? If Yes, school district must be consulted and must be given written notification of the project not less than 30 days prior to approval of EIR or Negative Declaration (Pub. Res. Code 21151.4) . 3. WATER. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood waters? 2 Appendix D (Initial Study/Part II) Page 3 YESMAYBE NO SOURCE d. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to, temperature, dissolved oxygen or turbidity? e. Alteration of the direction of rate of flow of ground waters? f. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g. Substantial reduction in the amount of water otherwise available for public water supplies? h. Exposure of people or property to water related hazards such as flooding or tidal waves? 4. PLANT LIFE. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants) ? b. Reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants in a barrier to the normal replenishment of existing species? S. ANIMAL LIFE. _ Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects) ? b. Reduction of the numbers of any unique, rare or endangered species of animals? 3 Appendix D (Initial Study/Part II) Page 4 YES MAYBE NO SOURCE c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? 6. NOISE. Will the proposal result in: a. Increases in existing noise levels? b. Exposure of people to severe noise levels? 7. LIGHT AND GLARE. Will the proposal produce new light or glare? S. LAND USE. Will the proposal result in a substantial alteration of the present or planned land use or an area? 9. NATURAL RESOURCES. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? 10. RISK OF UPSET. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? 11. POPULATION. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? 4 Appendix D (Initial Study/Part II) Page 5 YES MAYBE NO SOURCE 12. HOUSING. Will the proposal affect existing housing, or create a demand for additional housing? 13. TRANSPORTATION/CIRCULATION. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transportation and traffic systems? d. Alterations to present patterns of circulation or movement of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. PUBLIC SERVICES. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. ENERGY. Will the proposal result in: a. Use of substantial amounts of fuel or energy? 5 Appendix D (Initial Study/Part II) Page 6 YESMAYBE NO SOURCE b. Substantial increase in demand upon existing sources of energy or require the development of new sources of energy? 16. UTILITIES. Will the proposal result in a need for new systems or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? 17. HUMAN HEALTH. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health) ? b. Exposure of people to potential health hazards? 18. AESTHETICS. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. RECREATION. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 20. CULTURAL RESOURCES. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archeological site? 6 Appendix D (Initial Study/Part II) Page 7 YES MAYBE NO SOURCE b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric, historic, or architecturally significant building, structure, or object? c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? 21. MANDATORY FINDINGS OF SIGNIFICANCE. a. Does the project have 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, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short-term to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future. ) c. Does the project have impacts which are individually limited but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant. ) d. does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 7 Appendix D (Initial Study/Part II) Page 8 YES MAYBE NO SOURCE 22. EIR REQUIRED BY STATUTE. a. Does the project involve construction of any facility which burns municipal waste or refuse-derived fuel? NOTE: If the answer is yes, then an EIR must be prepared and certified under Public Resources Code § 21151.2 (a) unless subsections (b) and (c) make that section inapplicable. III. DISCUSSION OF ENVIRONMENTAL EVALUATION (Attach Statement) IV. DETERMINATION (To be completed by the lead agency) On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION WILL BE PREPARED. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures 8 Appendix D (Initial Study/Part II) Page 9 described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. I find that State statute requires that an ENVIRONMENTAL IMPACT REPORT be prepared and certified. (Signature) (Title) (Printed Name) (Date) (1) Determination based on location of project. (2) Determination based on staff office review. (3) Determination based on field review. (4) Determination based on the City of Dublin General Plan. (5) Determination based on the City of Dublin Zoning Ordinance. (6) Determination based on Specific Plan. (7) Not applicable. (8) Other (state data) . 9 APPENDIX E NEGATIVE DECLARATION (To be prepared pursuant to City of Dublin CEQA Guidelines, §§ 1.7 (c) , 5.5. ) Description of project (include commonly used name, if any) Project location (street address, city, county) (include map showing location) Name of project proponent I hereby find that the above project will not have a significant effect on the environment. Attached is a copy of the Initial Study ("Environmental Information Form" and "Environmental Checklist") documenting the reasons to support the above finding. The following mitigation measures are included in the project to avoid potentially significant effects on the (1 of 2) environment. (If no mitigation measures are included, indicate "not applicable. " If mitigation measures are included, a Monitoring/Reporting Plan must be attached. ) The attached Monitoring/Reporting Plan designed to ensure that these mitigation measures are carried out during the project's implementation is hereby incorporated and fully made part of this Negative Declaration. Signature Printed Name Title Date Attach. Date Published: Date Posted: Date Notice Mailed: Considered by: on: Action on Negative Declaration: Approved Disapproved Notice of Determination filed: Council Res. No. (2 of 2) APPENDIX F NOTICE OF DETERMINATION (RE NEGATIVE DECLARATION) (To be filed pursuant to California Administrative Code § 15075 and CEQA Guidelines, § 1.7 (f) . ) 1. Identification of Project (include common name and location) : 2 . Brief description of project: 3 . Date of approval of project: 4 . Determination that project will not have a significant effect on the environment. Date: Action (i.e. , Resolution No. , Motion, Ordinance No. ) : 5. Address where copy of Negative Declaration may be examined: The Negative Declaration for this project has been prepared pursuant to the provisions of CEQA, Title 14, Division 6 of the (1 of 2) California Administrative Code (State CEQA Guidelines) and § 1.7 of the City of Dublin CEQA Guidelines. Signature Printed Name Title Date Attach. Filed with on (2 of 2) APPENDIX G NOTICE OF PREPARATION RE: Notice of Preparation of Draft Environmental Impact Report (City of Dublin CEQA Guidelines, § 3 .2 (b) ; California Administrative Code § 15082) TO: FROM: (Lead Agency) (Address) (Address) Description of project (including commonly used name, if any) Projection location (street address, city, county) Name of project applicant (if any) Describe probably environmental effects: will be the Lead Agency and will prepare an environmental impact report for the project identified above. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Please identify all significant environmental issues and possible alternatives and mitigation which you will need to have explored in the EIR and whether your agency will be a responsible agency or trustee agency for the project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. A copy of the Initial Study ("Environmental Information Form" and "Environmental Checklist Form") is, is not attached. 1 Due to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than 30 days after receipt of this notice. If a responsible agency fails by the end of the 30 day period to provide the City with either a response to this notice or a well justified request for additional time, the City may presume that the responsible agency has no response to make. A generalized list of concerns not related to the specific project will not be regarded by the City as an adequate response for consideration under the requirements of this notice. 2 Please send your response to at the address shown above. Please include the name for a contact person in you agency. Date: Signature Printed Name Title Telephone Mailed to following agencies: date date date date NOTE: To be mailed by certified mail. NOTE: If Notice is set to any state agency or trustee agency, send a copy to State Clearinghouse Office of Planning And Research: 1400 _ Tenth Street, Room 121, Sacramento, California 95814 . 3 APPENDIX H NOTICE OF COMPLETION (Re Draft EIR) (To be filed pursuant to City of Dublin CEQA Guidelines, § 3 .2 (b) ; California Administrative Code § 15085) TO: FROM: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, California 95814 Project title Projection location (street address, city, county) Description of nature, purpose and beneficiaries of project Address where copy of draft EIR is available Period during which comments will be received (review period) Contact Person: Telephone: Signature Printed Name Title Telephone Mailed on 1 APPENDIX I NOTICE OF DETERMINATION (RE: ENVIRONMENTAL IMPACT REPORT) (To be filed pursuant to City of Dublin CEQA Guidelines, § 3 .2 (g) , 14 California Administrative Code § 15094. ) TO: FROM: County Clerk County of SUBJECT: Filing of Notice of Determination within five (5) working days of project approval in compliance with City of Dublin CEQA Guidelines, § 3.2 (g) ; California Administrative Code § 15094 . Project Title: State Clearinghouse Number (if submitted to State Clearinghouse) : Contact Person: Telephone: Project Location: Project Description: This is to advise that on the approved the above described project and made the following determinations regarding the above described project: 1. The project will, will not, have a significant effect on the environment. 2 . An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 1 The EIR and record of project approval may be examined at: 3 . Mitigation measures were, were not, made a condition of the approval of the project. 4 . Findings were, were not, made pursuant to § 3 .4 of the City's CEQA Guidelines. 5. A statement of Overriding Considerations was, was not, adopted for this project. Date: Signature Printed Name Title Mailed on 2 APPENDIX J STATUTORY EXEMPTIONS (City of Dublin CEQA Guidelines 5 1.4 (d) and 14 California Administrative Code 5 156260 et sea. ) 15260 General This appendix describes the exemptions from CEQA granted by the Legislature. The exemptions take several forms. Some exemptions are complete exemptions from CEQA. Other exemptions apply to only part of the requirements of CEQA, and still other exemptions apply only to the timing of CEQA compliance. 15261 On-going Project (a) If a project being carried out by a public agency was approved prior to November 23, 1970, the project shall be exempt from CEQA unless either of the following conditions exist: (1) A substantial portion of public funds allocated for the project have not been spent, and it is still feasible to modify the project to mitigate potentially adverse environmental effects, or to choose feasible alternatives to the project, including the alternative of "no project" or halting the project; provided that a project subject to the National Environmental Policy Act (NEPA) shall be exempt from CEQA as an on-going project if, under regulations promulgated under NEPA, the project would be too far advanced as of January 1, 1970, to require preparation of an EIS. (2) A public agency proposes to modify the project in such a way that the project might have a new significant effect on the environment. (b) A private project shall be exempt from CEQA if the project received approval of a lease, license, certificate, permit, or other entitlement for use from a public agency prior to April 5, 1973 , subject to the following provisions: (1) CEQA does not prohibit a public agency from considering environmental factors in connection with the approval or disapproval of a project, or from imposing reasonable fees on the appropriate private person or entity for preparing an environmental report under authority other than CEQA. Local agencies may require environmental reports for projects covered by this paragraph pursuant to local ordinances during this interim period. 1 (2) Where a project was approved prior to December 5, 1972 , and prior to that date the project was legally challenged for noncompliance with CEQA, the project shall be bound by special rules set forth in § 21170 of CEQA. (3) Where a private project has been granted a discretionary governmental approval for part of the project before April 5, 1973, and another or additional discretionary governmental approvals after April 5, 1973, the project shall be subject to CEQA only if the approval or approvals after April 5, 1973, involve a greater degree of responsibility or control over the project as a whole than did the approval or approvals prior to that date. 15262 Feasibility and Planning Studies A project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require the preparation of an EIR or Negative Declaration but dos require consideration of environmental factors. This section does not apply to the adoption of a plan that will have a legally binding effect on later activities. 15263 Discharge Requirements The State Water Resources Control Board and the regional boards are exempt from the requirement to prepare an EIR or a Negative Declaration prior to the adoption of waste discharge requirements, except requirements for new sources as defined in the Federal Water Pollution Control Act or in other acts which amend or supplement the Federal Water Pollution Control Act. The term "waste discharge requirements" as used in this section is the equivalent of the term "permits" as used in the Federal Water Pollution Control Act. 15264 Timberland Preserves Local agencies are exempt from the requirement to prepare an EIR or Negative Declaration on the adoption of timberland preserve zones under Government Code 5 51100 et seq. (Gov. Code, § 51119. ) 15265 Adoption of Coastal Plans and Programs (a) CEQA does not apply to activities and approvals _ pursuant to the California Coastal Act (commencing with § 30000 of the Public Resources Code) by: 2 • M (1) Any local government, as defined in § 30109 of the Public Resources Code, necessary for the preparation and adoption of a local coastal program, or (2) Any state university or college, as defined in § 30119, as necessary for the preparation and adoption of a long-range land use development plan. (b) CEQA shall apply to the certification of a local coastal program or long-range land use development plan by the California Coastal Commission. (c) This section shifts the burden of CEQA compliance from the local agency or the state university or college to the California Coastal Commission. The Coastal Commission's program of certifying local coastal programs and long-range land use development plans has been certified under § 21080.5, Public Resources Code. See: § 15192 . 15266 General Plan Time Extension CEQA shall not apply to the granting of an extension of time by the Office of Planning and Research to a city or county for the preparation and adoption of one or more elements of a city or county general plan. 15267 Financial Assistance to Low or Moderate Income Housing CEQA does not apply to actions taken by the Department of Housing and Community Development to provide financial assistance for the development and construction of residential housing for persons and families of low or moderate income, as defined in § 50093 of the Health and Safety Code. The residential project which is the subject of the application for financial assistance will be subject to CEQA when approvals are granted by another agency. 15270 Proiects Which are Disapproved (a) CEQA does not apply to projects which a public agency rejects or disapproves. (b) This section is intended to allow an initial screening of projects on the merits for quick disapprovals prior to the initiation of the CEQA process where the agency can determine that the project cannot be approved. (c) This section shall not relieve an applicant from paying the costs for an EIR or Negative Declaration prepared for his project prior to the Lead Agency's disapproval of the project after normal evaluation and processing. 3 15271 Early Activities Related to Thermal Power Plants (a) CEQA does not apply to actions undertaken by a public agency relating to any thermal power plant site or facility including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater) , steam, or power for such a thermal power plant, if the thermal power plant site and related facility will be the subject of an EIR or Negative Declaration or other document or documents prepared pursuant to a regulatory program certified pursuant to Public Resources Code § 21080. 5, which will be prepared by: (1) The State Energy Resources Conservation and Development Commission, (2) The Public Utilities Commission, or (3) The city or county in which the power plant and related facility would be located. (b) The EIR, Negative Declaration, or other document prepared for the thermal power plant site or facility, shall include the environmental impact, if any, of the early activities described in this section. (c) This section acts to delay the timing of CEQA compliance from the early activities of a utility to the time when a regulatory agency is requested to approve the thermal power plant and shifts the responsibility for preparing the document to the regulatory agency. 15272 Olympic Games CEQA does not apply to activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, Olympic Games under the authority of the International Olympic committee, except for the construction of facilities necessary for such Olympic Games. If the facilities are required by the International Olympic Committee as a condition of being awarded the Olympic Games, the Lead Agency need not discuss the "no project" alternative in an EIR with respect to those facilities. 15273 Rates Tolls, Fares, and Charges (a) CEQA does not apply to the establishment, modification, structuring, or approval of rates, tools, fares, or other charges by public agencies which the public agency finds are for the purpose of: 4 (1) Meeting operating expenses, including employee wage rates and fringe benefits, (2) Purchasing or leasing supplies, equipment, or materials, (3) Meeting financial reserve needs and requirements, (4) Obtaining funds for capital projects, necessary to maintain service within existing service areas, or (5) Obtaining funds necessary to maintain such intra-city transfers as are authorized by city charter. (b) Rate increases to fund capital projects for the expansion of a system remain subject to CEQA. The agency granting the rate increase shall act either as the Lead Agency if no other agency has prepared environmental documents for the capital project or as a Responsible Agency if another agency has already complied with CEQA as the Lead Agency. (c) The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this section is claimed setting forth with specificity the basis for the claim of exemption. 15274 Responses to Revenue Shortfalls (a) CEQA does not apply to actions taken prior to January 1, 1982, by a public agency (1) To implement the transition from the property taxation system in effect prior to June 1, 1978, to the system provided for by Article XIII A of the California Constitution (Proposition 13) , or (2) To respond to a reduction in federal funds. (b) This exemption is limited to projects directly undertaken by any public agency and to projects which are supported in whole or in part through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies where the projects: (1) Initiate or increase fees, rates, or charges charged for any existing public service, program, or activity, or (2) Reduce or eliminate the availability of an existing public service program, or activity, or 5 v . (3) Close publicly owned or operated facilities, or (4) Reduce or eliminate the availability of an existing publicly owned transit service, program, or activity. 15275 Specified Mass Transit Proiects CEQA does not apply to the following mass transit projects: (a) The institution or increase of passenger or commuter service on rail lines or high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities; (b) Facility extensions not to exceed four miles in length which are required for transfer of passengers from or to exclusive public mass transit guideway or busway public transit services. 15276 State and Regional Transportation Improvement Programs CEQA does not apply to the development or adoption of a regional transportation improvement program or the state transportation improvement program. Individual projects developed pursuant to these programs shall remain subject to CEQA. 15277 Proiects Located outside California CEQA does not apply to any project or portion thereof located outside of California which will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 or pursuant to a law of that state requiring preparation of a document containing essentially the same points of analysis as in an Environmental Policy Act of 1969. Any emissions or discharges that would have a significant effect on the environment in the State of California are subject to CEQA where a California public agency has authority over the emissions or discharges. 6 v APPENDIX R MONITORING/REPORTING CHECKLIST PROCEDURES (City of Dublin CEQA Guidelines § 5. 3, Public Resources Code § 21081. 6. ) A. Development of Checklist After a non-exempt discretionary project is approved with mitigation measures identified through a conditional negative declaration or environmental impact report these mitigation measures shall be incorporated into the attached checklist. Each mitigation measure will be identified separately on this checklist, with various spaces for monitoring the progress of each mitigation measure as it is implemented. B. Monitoring Program In most cases, mitigation measures can be monitored through the City's plancheck process. Therefore, when an approved project with mitigation measures is submitted for plancheck through the City, each planchecker will have a copy of the monitoring checklist. As each planchecker reviews the plans, the plans will be checked for compliance with each mitigation measure. The mitigation measures can be broken down into two types: project specific and cumulative. The project specific impacts can also be broken down into project design and ongoing mitigation measures. Each category and sub-category requires different monitoring techniques, but will still be monitored using the checklist shown. 1. Project Design Mitigation Measures (Project Specific) A project design mitigation measure is one that is to be incorporated into project design to mitigate an impact, such as provision of a retention basin or construction of an acoustical barrier. These mitigation measures will normally be shown on the building and/or grading plans. These plans will be reviewed for each specific mitigation measure, and as each mitigation measure is shown, it will be noted on the form and signed off. If a mitigation measure is not shown, the plans will be sent back for corrections. Plans will not be approved until each mitigation measure has been incorporated into project design. After the plans are approved, and before the final inspection of the building, the project proponent shall submit proof that each mitigation measure shown on the plans has been installed or incorporated into the constructed project. Verification of compliance will then be noted on the monitoring 1 form and signed off, thereby completing the process for a particular mitigation measure. 2 . Ongoing Mitigation Measure (Project Specific) An ongoing mitigation measure is one that is associated with the project over a period of time, such as dust control, or maintenance of landscaping. Monitoring this type of mitigation measure will be similar to that of a project specific mitigation measure, as noted above, except that the status of each mitigation measure will be noted at various times until no longer needed. An example would be maintaining hydroseeding until a project is constructed. The project proponent may be required to submit periodic reports on the status of these types of mitigation measures. 3 . Cumulative Mitigation Measure Cumulative mitigation measures, such as road improvements when future projects are developed, will be monitored in the same way as project specific mitigation measures noted above, except that cumulative mitigation measures will be noted as cumulative on the checklist, and will usually be monitored over a greater period of time. C. Outside Consultants For those cases in which compliance with a mitigation measure cannot be verified through the plancheck process, or requires specialized expertise, an outside consultant may be hired. The City will hire the consultant and may collect a deposit from the project proponent to cover the cost of consultant services (§ 2 .2) . D. Other Agencies It will be the responsibility of other agencies to monitor mitigation measures requested by these other agencies. The City shall notify these agencies of what mitigation measures of theirs have been included in project approval, and these agencies shall then submit a proposed program to the City which outlines their proposed monitoring program. These agencies shall inform the City in writing when each of their mitigation measures has been complied with. E. Completed Mitigation Monitoring Checklist Completed mitigation monitoring forms shall be retained in the project file, and will be available for public review upon request pursuant. 114\RESOL\CEQAAPPS.EHS 2 v � RESOLUTION NO. - 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------- A RESOLUTION OF THE CITY OF DUBLIN ADOPTING THE DUBLIN ENVIRONMENTAL GUIDELINES RECITALS WHEREAS, State CEQA guidelines in Section 15022 , adopted pursuant to the California Environmental Quality Act, require cities to adopt guidelines consistent with CEQA and the State guidelines; and WHEREAS, on February 5, 1990, the Dublin Planning Commission reviewed and considered the draft Dublin Environmental Guidelines and adopted Resolution No. 90-004 recommending the City Council adopt the Dublin Environmental Guidelines; and WHEREAS, the Staff Report and Planning Commission recommendation was submitted recommending the City Council adopt the Dublin Environmental Guidelines; and WHEREAS, the City Council heard and considered all said reports, recommendations and testimony herein above set forth. NOW, THEREFORE, be it resolved, that the City Council of the City of Dublin adopts the CEQA guidelines attached hereto as Exhibit A as the City' s Environmental Guidelines . PASSED, APPROVED AND ADOPTED this 26th day of February, 1990 . AYES : NOES : ABSENT: Mayor ATTEST: City Clerk -Dco.�� RESOLUTION NO. 90 - 004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------------------ RECOMMENDING THE CITY COUNCIL ADOPT ENVIRONMENTAL GUIDELINES FOR THE CITY OF DUBLIN WHEREAS, State of California Public Resources Code Section 21082 requires that the City adopt specific procedures to administer its responsibilities under CEQA; and WHEREAS, the attached draft guidelines are categorically exempt from the requirements of CEQA; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council adopt CEQA Guidelines; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt the attached Dublin Environmental Guidelines (Exhibit B) . BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend that the Exhibit B may also be cited as the Dublin Environmental Guidelines. PASSED, APPROVED AND ADOPTED this 5th day of February, 1990. AYES: Commissioners Burnham, Mack and Zika NOES: None ABSENT: Commissioners Barnes and Okun Planning Commission Chairperson ATTEST: Planning Director F a {z n Ra t"4 f C o�+la�li SSie