HomeMy WebLinkAboutItem 8.4 CEQA Guidelines
STAFF REPORT
CITY COUNCIL
DATE:July 19, 2016
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Dublin CEQA Guidelines and Procedures
Prepared by: Kristi Bascom, AICP, Principal Planner
EXECUTIVE SUMMARY:
The City Council will receive a report and consider adopting the proposed City of Dublin
CEQA Guidelines and Procedures. The proposed document complies with the
requirements of the Public Resources Code and replaces the City’s previous
Environmental Guidelines that were adopted in 1990.
STAFF RECOMMENDATION:
Staff recommends that the City Council receive the Staff Report and adopt the
Resolution
Rescinding Resolution No. 20-90 and Adopting the City of Dublin CEQA
Guidelines and Procedures.
FINANCIAL IMPACT:
The cost of the contract with the consulting firm Kimley-Horn and Associates to assist
with the preparation of the CEQA Guidelines was $40,218. These funds were allocated
in the Community Development Department budget within the City’s General Fund.
DESCRIPTION:
The California Environmental Quality Act (CEQA) was enacted in 1970 and applies to
all communities throughout the State. The purpose of CEQA is to ensure the evaluation
of the environmental implications of public and private actions and to ensure public
participation in that process. In addition to the law itself, the State adopted the State
CEQA Guidelines, which provide detailed procedures that local agencies must follow to
implement the law.
The State CEQA Guidelines (Section 21082) requires public agencies to adopt
objectives, criteria, and procedures for the evaluation of projects and the preparation of
environmental impact documentation. These procedures are required to be consistent
with the State Guidelines. Therefore, the City is responsible for adopting local
guidelines to ensure that CEQA is properly implemented. Dublin originally adopted
local guidelines in 1990, and because the State laws relating to CEQA implementation
12
Page of
have changed since the original adoption, new local guidelines have been drafted for
the City Council’s consideration.
The updated document, the Dublin CEQA Guidelines and Procedures (Guidelines), has
been drafted to provide officials of the City of Dublin and private individuals with the
details on the local environmental review requirements. These Guidelines have been
prepared and will be adopted pursuant to CEQA section 21082 and State CEQA
Guidelines section 15022 to set forth the local objectives, criteria and procedures for
administration of CEQA in the City of Dublin.
These Guidelines apply to all projects, both public and private, where the City of Dublin
has the authority to regulate, approve, or disapprove a project or action. For matters
not specifically addressed by these Guidelines, the State CEQA Statutes and CEQA
Guidelines shall govern. Proper implementation of CEQA is the responsibility of the
department within the City that is managing a project, processing an application, or
implementing a project where the Lead Agency is the City of Dublin.
The Guidelines are divided into the following sections:
Roles and Responsibilities of the City in relation to CEQA compliance;
Local CEQA policies;
Making environmental determinations;
Identifying projects that are exempt from environmental review;
Identifying when and how a Negative Declaration, Mitigated Negative
Declaration, and an Environmental Impact Report shall be prepared; and
Identifying the contents of a Mitigation Monitoring or Reporting Program.
The Guidelines also includes appendices with definitions, information on other
agencies, document filing procedures, and CEQA sample forms for use by City Staff.
The appendices are provided to assist with the implementation of the Guidelines, but
are not intended to be adopted by the City Council. The appendices and there
information contained therein will be updated on a regular basis, and it is intended that
modifications to the appendices and forms will not require review and reconsideration
by the City Council. The Guidelines themselves (without the appendices) are included
as Exhibit A to Attachment 1 to this Staff Report.
These Guidelines replace in its entirety the Dublin Environmental Guidelines that were
adopted by the City Council on February 26, 1990 via Resolution 20-90 (Attachment 2).
ATTACHMENTS:
1. Resolution Rescinding 20-90 and Adopting CEQA Guidelines and Procedures
Exhibit A to the Resolution - CEQA Guidelines
2. Resolution 020-90
22
Page of
RESOLUTION NO. xx-16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
_____________________________________________________
RESCINDING RESOLUTION 20-90 AND ADOPTING THE DUBLIN CEQA GUIDELINES AND
PROCEDURES
WHEREAS
, the State of California Environmental Quality Act (CEQA) Guidelines 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 26, 1990, the Dublin City Council adopted Resolution No. 20-90
adopting the City’s original Dublin Environmental Guidelines; and
WHEREAS
, numerous changes in State Law and have been adopted since that time and
the City’s Environmental Guidelines require updating to reflect current law, procedure, and
process; and
WHEREAS
, a Staff Report was submitted that described the proposed Dublin CEQA
Guidelines and Procedures and recommended City Council adoption of the Guidelines; and
WHEREAS
, the document being adopted is the Dublin CEQA Guidelines and Procedures
document itself, exclusive of Appendices A-E. The language contained within these appendices
is expected to be refined and modified over time and as new forms are developed and as
information in the appendices and on the forms is updated. It is intended that refinements to the
appendices and forms will not require review and reconsideration by the City Council; 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
hereby rescinds Resolution 20-90 and adopts the Dublin CEQA Guidelines and Procedures
attached hereto as Exhibit A.
th
PASSED, APPROVED AND ADOPTED
this 19 day of July, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Mayor
ATTEST:
City Clerk
Dublin CEQA Guidelines and Procedures
Adopted by City Council Resolution xx-xx on xxxxx xx, 2016
Produced in cooperation with Kimley Horn
City of Dublin Dublin CEQA Guidelines and Procedures
Table of Contents | Page i
Table of Contents
1Introduction 1-1
1.1Purpose and Applicability ......................................................................................... 1-1
1.2Incorporation of State CEQA Guidelines ................................................................... 1-1
1.3Public Participation and Consultation ....................................................................... 1-1
2Roles and Responsibilities 2-1
3Dublin CEQA Policies 3-1
3.1General Policies........................................................................................................ 3-1
3.2General Purpose of CEQA ......................................................................................... 3-1
3.3Reducing Delay and Paperwork ................................................................................ 3-1
3.4General Responsibilities ........................................................................................... 3-2
4Environmental Determinations 4-1
4.1Preliminary Evaluation ............................................................................................. 4-1
4.2Initial Study .............................................................................................................. 4-1
5Projects Exempt from Environmental Review 5-1
5.1Actions Subject to CEQA ........................................................................................... 5-1
5.2Ministerial Actions ................................................................................................... 5-1
5.3Preliminary Exemption Assessment .......................................................................... 5-2
5.4Statutory Exemption ................................................................................................ 5-2
5.5Categorical Exemptions ............................................................................................ 5-2
5.6Notice of Exemption (NOE)....................................................................................... 5-2
5.7Previous Environmental Document .......................................................................... 5-3
6Negative/Mitigated Negative Declaration 6-1
6.1Negative Declaration ................................................................................................ 6-1
6.2Mitigated Negative Declaration ................................................................................ 6-1
6.3Contents of Negative/Mitigated Negative Declarations ............................................ 6-1
6.4Processing of Negative/Mitigated Negative Declarations .......................................... 6-1
7Environmental Impact Report 7-1
7.1Environmental Impact Report Required ................................................................... 7-1
7.2General Requirements ............................................................................................. 7-1
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Table of Contents | Page ii
7.3Processing an EIR ..................................................................................................... 7-2
8Mitigation Monitoring or Reporting Program 8-1
8.1Mitigation Monitoring Procedures ........................................................................... 8-1
9Other Considerations 9-1
9.1Inspection of Documents.......................................................................................... 9-1
9.2Procedures for the City as a Responsible Agency ...................................................... 9-1
9.3Amendments ........................................................................................................... 9-1
Appendices
A.Definitions
B.Responsible Agencies Contact List
C.CEQA Filing Procedures
D.Index to Environmental Filing to the OPR
E.Dublin CEQA Forms
1.Notice of Exemption
2.Negative Declaration / Mitigated Negative Declaration
3.Notice of Intent to Adopt a Negative Declaration
4.Notice of Intent to Adopt a Mitigated Negative Declaration
5.Notice of Preparation – Draft Environmental Impact Report
6.Notice of Completion and Environmental Document Transmittal
7.Initial Study
8.Notice of Availability – Draft EIR
9.Notice of Determination
10.CA Department of Fish and Wildlife No Effect Determination Request Form
11.Mitigation Monitoring or Reporting Program
List of Figures
Figure 1: CEQA Process Flow Chart
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Introduction | Page 1-1
1Introduction
1.1Purpose and Applicability
The purpose of these Dublin CEQA Guidelines and Procedures (Guidelines) is to provide officials
of the City of Dublin and private individuals with the environmental review requirements as set
forth in Sections 21000, et seq., of the Public Resources Code (California Environmental Quality
Act of 1970 (CEQA)), as amended. These Guidelines are adopted pursuant to CEQA section
21082 and State CEQA Guidelines section 15022 to set forth the local objectives, criteria and
procedures for administration of CEQA in the City of Dublin. These Guidelines will also help to
streamline the environmental review process, consistent with State Law.
Various CEQA sample forms are included in Appendix E: Dublin CEQA Forms and are intended
to encourage the thoughtful assessment of the City’s actions; however, use of the attached
forms is not mandatory and the City may choose to use any form that meets CEQA’s
requirements.
These Guidelines shall apply to all projects, both public and private, where the City of Dublin
(the City) has the authority to regulate, approve or disapprove, except as otherwise provided
herein. For matters not specifically addressed by these guidelines, the State CEQA Statutes and
CEQA Guidelines shall govern. Proper implementation of CEQA is the responsibility of the
department within the City that is managing a project, processing an application, or
implementing a project where the Lead Agency is the City of Dublin.
These Guidelines replace in its entirety the Dublin Environmental Guidelines, adopted by the
Dublin City Council through Resolution 20-90 on February 26, 1990.
1.2Incorporation of State CEQA Guidelines
The City hereby incorporates by reference the State CEQA Guidelines contained in Title 14
California Code of Regulations, Sections 15000 et seq. The City also incorporates all future
amendments and additions to those guidelines as may from time to time be adopted by the
State. In the event of a conflict between these Guidelines and the State CEQA Statutes and
CEQA Guidelines, the latter shall control.
1.3Public Participation and Consultation
Public involvement is an essential feature of CEQA. The environmental review process provides
the opportunity for interested citizens to participate in project planning and government
decision-making through scoping, public notice and public review of CEQA documents, and by
requiring agencies to respond to public comments on EIRs. These local procedures are a means
to further facilitate the public participation process within the City as it relates to
environmental review and CEQA compliance.
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Introduction | Page 1-2
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Roles and Responsibilities | Page 2-1
2Roles and Responsibilities
For the purpose of these Guidelines, the following procedural responsibilities shall be followed.
2.1.1City Council
When the City Council is the final decision-making body on a project, the City Council has the
authority for CEQA compliance, including but not limited to certifying Final EIRs, approving
Mitigated Negative Declarations and Negative Declarations, and Addenda, and making
exemption determinations.
The City Council also acts as the appeal board for Planning Commission decisions on
environmental determinations.
2.1.2Planning Commission
When the Planning Commission is the final decision-making body on a project, the Planning
Commission has the authority for CEQA compliance, including but not limited to certifying Final
EIRs, approving Mitigated Negative Declarations, Negative Declarations, and Addenda, and
making exemption determinations.
When the Planning Commission acts as a recommending body on a project, the Planning
Commission shall review and consider the environmental determination or document prior to
making its recommendation to the City Council on the project.
The Planning Commission also acts as the appeal board for Community Development Director
decisions on environmental determinations.
2.1.3Community Development Director
When the Community Development Director is the final decision-maker on a project, the
Director has the authority for CEQA compliance, including exemption determinations. However,
the Community Development Director does not have the authority to certify Final EIRs or
approve Mitigated Negative Declarations, Negative Declarations, or CEQA Addenda.
The Community Development Director shall make all determinations on the level of
environmental review required for all projects. The Community Development Director also
directs the preparation of all environmental documents.
2.1.4City Departments
The Community Development Department, under the direction of the Community
Development Director, is responsible for maintaining these Guidelines. The Community
Development Department is also responsible for the preparation and processing of all
environmental documents as well as preparing and filing all applicable environmental notices
related to private development applications that have been filed with the City.
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Roles and Responsibilities | Page 2-2
For City-initiated projects such as capital improvement roadway or park projects (or similar),
the department that is initiating or managing the project is responsible for ensuring compliance
with these Guidelines.
The City is responsible for ensuring that all environmental documents are available upon
request. The City shall also ensure that all Draft and Final Environmental Impact Reports and
associated appendices are also made available on the City website.
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Local CEQA Policies | Page 3-1
3Dublin CEQA Policies
3.1General Policies
The City Council finds that:
A.Every person has a responsibility to contribute to the preservation and enhancement of
the environment.
B.It is the intent of the City Council that the City shall regulate activities of private
individuals, corporations, and public agencies, including the City itself, so that major
consideration is given to preventing environmental damage.
C.It is the policy of the City to develop and maintain a high-quality environment now and
in the future, as well as to develop standards and procedures necessary to protect
environmental quality.
3.2General Purpose of CEQA
The City Council further finds that the basic purposes of CEQA are to:
A.Inform governmental decision-makers and the public about the potential significant
environmental impacts of projects.
B.Identify ways that environmental damage can be avoided or significantly reduced.
C.Prevent significant, avoidable damage to the environment by requiring changes in
projects through use of alternatives or mitigation measures when the City finds the
changes to be feasible.
D.Disclose to the public the reasons why the City approved the project if significant
environmental impacts are involved.
3.3Reducing Delay and Paperwork
The City Council further finds that the City shall reduce delay and paperwork in implementing
the guidelines specified in State CEQA Guidelines section 15006, as well as:
Using electronic files (e.g., pdf’s, CD’s or similar) for all environmental documents,
whenever feasible, including supporting technical studies associated with a project.
Further, distribution of all environmental documents, including supporting technical
studies, to Trustee and Responsible Agencies, local agencies and interested persons
shall be in electronic format. Limited hard copies shall be available for members of the
public without access to a computer.
Considering compliance with all existing federal, state and local laws, regulations and
procedures designed to address environmental impacts, so as to avoid identification of
mitigation measures that duplicate existing regulatory requirements, where appropriate.
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Local CEQA Policies | Page 3-2
3.4General Responsibilities
For the purpose of these Guidelines, the City shall follow the following general responsibilities:
A.It is the responsibility of the City to ensure that all City departments, employees,
contract staff and environmental consultants comply with the provisions of CEQA, the
State CEQA Guidelines, and these Guidelines. Whether the City prepares the
environmental document itself or contracts for its preparation, the City is entirely
responsible for the adequacy and objectivity of the document.
B.The City shall endeavor to carry out its responsibilities for preparing and reviewing
environmental documents within a reasonable period of time so as not to cause undue
delays in processing applications for permits or other entitlements. An unreasonable
delay by an applicant in meeting requests by the City necessary for the preparation of a
Negative Declaration, Mitigated Negative Declaration and/or an EIR shall suspend the
CEQA review process for the period of the unreasonable delay.
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Determinations | Page 4-1
4Environmental Determinations
Once a project application has been filed with the City, or once a City-sponsored project has
been initiated, the appropriate City department shall review the application and make an initial
recommendation on the appropriate process to follow. The descriptions below assume that
the project application is on file with the Community Development Department. However, if
the project/action is being initiated or managed by another department, that department is
responsible for ensuring the process is followed.
The recommendation shall generally follow the process outlined in Appendix A (CEQA Process
Flow Chart) of the State CEQA Guidelines, a copy of which is shown in Figure 1: CEQA Process
Flow Chart, below.
4.1Preliminary Evaluation
The preliminary evaluation consists of determining whether or not the proposal is a project
under CEQA, whether it is a discretionary project, or is exempt from CEQA under a statutory
exemption or categorical exemption, or was adequately reviewed in a previous environmental
document. These steps are sequential and are described below.
4.1.1No Project, Ministerial, General Exemption, Statutory Exemption
The Community Development Director shall determine whether the proposal is a project under
CEQA, and if so whether the project is a discretionary project, or exempt from CEQA under the
general exemption or a statutory exemption. If it is determined that the project is ministerial or
exempt under a general exemption or statutory exemption, no further environmental review is
required (see Section 5: Projects Exempt from Environmental Review).
4.1.2Categorical Exemption
If the project is determined to be discretionary and is not covered by the general exemption or
a statutory exemption, the project shall be reviewed to determine if it qualifies for a categorical
exemption, and is not subject to any of the State Guidelines exceptions. If the project still
qualifies for a categorical exemption, a recommendation as such shall be made to the decision-
making body as part of the project consideration proceedings. The decision-making body shall
make the final determination that the project is categorically exempt.
4.2Initial Study
If a project does not meet any of the requirements contained in Section 4.1: Preliminary
Evaluation, the project shall undergo further environmental review through the Initial Study
process. Alternatively, if an EIR will be clearly required for a project, the City may skip the Initial
Study and begin work directly on the EIR. The City shall prepare the Initial Study, or have it
prepared under its direction. A sample Initial Study is provided in Appendix E: Dublin CEQA
Forms.
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Determinations | Page 4-2
The Initial Study shall determine whether a Negative Declaration, Mitigated Negative
Declaration, or an EIR is required for the project. The Community Development Director may
request additional environmental information from the applicant to make the environmental
determination. Failure to provide all the additional information may delay processing of the
project.
4.2.1Significance Determination
If the Initial Study determines, based on substantial evidence in light of the whole record, that a
project may have one or more significant or potentially significant impacts on the environment,
then an EIR shall be prepared. However, if revisions or mitigation measures can be applied to
the project that would clearly reduce all impacts to a level of insignificance, and these revisions
or mitigation measures are agreed to by the applicant, then a Mitigated Negative Declaration
shall be prepared.
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Determinations | Page 4-3
Figure 1: CEQA Process Flow Chart
Source: California Resources Agency
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Projects Exempt from Environmental Review | Page 5-1
5Projects Exempt from Environmental Review
Projects that are exempt under section 4.1 of these Guidelines do not require the preparation
of an EIR, Mitigated Negative Declaration, or Negative Declaration. The City may file a Notice of
Exemption (Appendix E: Dublin CEQA Forms) with the Alameda County Clerk after the project is
approved.
5.1Actions Subject to CEQA
CEQA applies to discretionary projects proposed to be carried out or approved by public
agencies, including the City. If the proposed activity does not come within the definition of
“project” as defined in Appendix A: Definitions, it is not subject to environmental review under
CEQA.
A “project” does not include:
A.Proposals for legislation to be enacted by the State Legislature;
B.Continuing administrative or maintenance activities, such as purchases for supplies,
personnel-related actions, and general policy and procedure making;
C.The submittal of proposals to a vote of the people in response to a petition drive
initiated by voters, or the enactment of a qualified voter-sponsored initiative under
California Constitution Art. II, Section 11(a) and Election Code Section 9214;
D.The creation of government funding mechanisms or other government fiscal activities
that do not involve any commitment to any specific project which may have a
potentially significant physical impact on the environment. Government funding
mechanisms may include, but are not limited to, assessment districts and community
facilities districts;
E.Organizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment; and
F.Activities that do not result in a direct or reasonably foreseeable indirect physical
change in the environment.
5.2Ministerial Actions
Ministerial actions are not subject to CEQA review. A ministerial action is one that is approved
or denied by a decision which a public official or a public agency makes that involves only the
use of fixed standards or objective measurements with little or no personal judgment or
discretion.
When a project involves an approval that contains elements of both a ministerial and
discretionary nature, the project shall be deemed to be discretionary and subject to the
requirements of CEQA. The decision whether a project or activity is ministerial in nature may
involve or require, to some extent, interpretation of the governing regulations, and shall be
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Projects Exempt from Environmental Review | Page 5-2
made on a case-by-case basis. The following is a non-exclusive list of examples of ministerial
activities:
A.Issuance of business licenses;
B.Approval of final maps and parcel maps for subdivisions;
C.Approval of individual utility service connections and disconnections;
D.Issuance of licenses;
E.Issuance of an encroachment permit;
F.Issuance of building permits where the City does not retain significant discretionary
power to modify or shape the project; and
5.3Preliminary Exemption Assessment
The City shall review all projects and activities to determine whether an exemption is
appropriate, including a determination as to whether the project or activity is a project as
defined under CEQA. If a proposal or activity is not a project, as defined by CEQA, it is not
subject to CEQA review (State CEQA Guidelines Section 15378). In addition, CEQA applies only
to projects that have the potential for causing a significant effect on the environment. As a
general rule, where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA.
(See State CEQA Guidelines Section 15061(b)(3).)
5.4Statutory Exemption
Certain projects are exempt from CEQA by statute. Those exemptions are listed in Section
15260 et seq. of the State CEQA Guidelines.
5.5Categorical Exemptions
Section 15300 et seq. of the State CEQA Guidelines lists the projects, as determined by the
State Secretary of Resources, that do not have a significant impact on the environment. These
classes of projects are declared to be categorically exempt from CEQA and do not require the
preparation of an environmental document. However, certain exceptions apply to these
projects, as noted in Section 15300.2 of the State CEQA Guidelines.
5.6Notice of Exemption (NOE)
When the City determines that a project is exempt from the requirements of CEQA, it may file a
Notice of Exemption (Appendix E: Dublin CEQA Forms) in accordance with Section 15062 of the
State CEQA Guidelines. The filing of the NOE with the Alameda County Clerk starts a 35-day
statute of limitations on legal challenges to the City’s decision that the project is exempt from
CEQA.
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Projects Exempt from Environmental Review | Page 5-3
5.7Previous Environmental Document
If the proposal is a discretionary project that does not qualify for a statutory or categorical
exemption, the City shall examine whether the project may have been adequately reviewed in a
previous EIR, Mitigated Negative Declaration, or Negative Declaration. If this determination is
made by the City based on review of the previous environmental document, and taking into
account current site and cumulative conditions (reference State CEQA Guidelines 15162
through 15164), the City may prepare an addendum or supplement to the previous
environmental document, or conclude that no further environmental review is required, and
that any applicable mitigation measures from the previous environmental document shall be
incorporated into the project.
The same criteria shall apply to a project that has been revised after being approved by the City
in order to determine whether additional environmental review is required for the revisions.
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Negative/Mitigated Negative Declaration | Page 6-1
6Negative/Mitigated Negative Declaration
6.1Negative Declaration
A Negative Declaration (ND) shall be prepared if the Initial Study shows that there is no
substantial evidence, in light of the whole record before the City, that the project may have a
significant effect on the environment. The City shall prepare or have prepared the ND for
adoption by the decision-maker.
6.2Mitigated Negative Declaration
A Mitigated Negative Declaration (MND) shall be prepared if the Initial Study finds:
A.The project may have potentially significant environmental impacts on the environment,
but through revisions to the project or proposed mitigation measures made by or
agreed to by the applicant before the MND and IS are released for public review, such
impacts are mitigated or avoided so that clearly no significant impacts would occur, and
B.There is no substantial evidence, in light of the whole record before the City, that the
project as revised or mitigated may have a significant effect on the environment.
The City shall release the MND for public review and process the document for adoption by the
decision-makers. The decision-makers shall make all feasible mitigation measures conditions of
project approval, or otherwise incorporate the mitigations into any project approval.
Notwithstanding the foregoing, mitigation measures may be altered, deleted, or added after
the MND is released for public review as a result of the public review and approval process.
Mitigation measures may be substituted in accordance with State CEQA Guidelines Section
15074.1.
6.3Contents of Negative/Mitigated Negative Declarations
An ND or MND shall contain all of the items required in Section 15071 of the State CEQA
Guidelines, including the supporting Initial Study.
Mitigation measures included in an MND shall meet the standards for timing, enforceability,
essential nexus, rough proportionality, and legality as set forth in Section 15126.4 of the State
CEQA Guidelines.
6.4Processing of Negative/Mitigated Negative Declarations
6.4.1Public Notice and Review
A Notice of Intent (NOI) to Adopt a ND or MND shall be prepared in accordance with Section
15072 of the State CEQA Guidelines (For a sample NOI see Appendix E: Dublin CEQA Forms).
The City shall implement the following minimum noticing standards in accordance with Section
15072 of the State CEQA Guidelines:
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Negative/Mitigated Negative Declaration | Page 6-2
A.The NOI shall be published one time in a local newspaper of general circulation.
B.The NOI shall be submitted to the Alameda County Clerk.
C.The NOI shall be mailed to organizations and individuals who have requested such
notice in writing.
D.The NOI shall be mailed to responsible agencies and trustee agencies.
The ND/MND document shall be made available for public review in the following manner:
A.A hard copy of the ND/MND and associated appendices shall be made available for
review by the City department that initiated or is managing the project.
B.A complete copy of the ND/MND shall be submitted to the State Clearinghouse (1) for
distribution to applicable State Responsible or Trustee Agencies, or, (2) if the project is
considered by the City to be of statewide, regional, or area wide importance.
C.A complete copy of the ND/MND shall be submitted to every other public agency with
jurisdiction by law over resources affected by the project.
D.A complete copy of the ND/MND shall be provided to the Applicant.
E.A complete copy of the ND/MND shall be provided to any interested person(s)
requesting review of the ND/MND, as well as those persons/agencies identified on the
City’s local distribution list, as appropriate. Persons requesting a hard copy of the
ND/MND and/or technical appendices shall pay for the City’s copying costs.
The public review periods for a ND/MND shall be in accordance with CEQA and the State CEQA
Guidelines.
6.4.2Adoption of Negative/Mitigated Negative Declarations
Before approving a project, the decision-making body shall consider the draft ND/MND, any
comments received during the public review process and any City responses to public
comments.
If the decision-making body finds, on the basis of the whole record before it (including the
initial study and comments received), that there is no substantial evidence that the project will
have a significant impact on the environment and that the ND/MND reflects the decision-
making body’s independent judgment and analysis, the decision-making body may adopt the
ND/MND. When adopting the ND/MND, the decision-making body shall specify the location
and custodian of the documents or other material which constitute the record of proceedings
upon which its decision is based. A Mitigation Monitoring or Reporting Program shall also be
adopted when adopting an MND (see Section 8: Mitigation Monitoring or Reporting Program).
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Negative/Mitigated Negative Declaration | Page 6-3
6.4.3Notice of Determination
Following any project approval for which a ND/MND has been adopted, the City shall file a
Notice of Determination (NOD) with the Alameda County Clerk in accordance with State CEQA
Guidelines Section 15075. (See sample NOD in Appendix E, Dublin CEQA Forms.)
If the ND/MND is submitted to the State Clearinghouse for review, the NOD shall also be filed
with the State Office of Planning and Research in accordance with the State CEQA Guidelines.
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Impact Report | Page 7-1
7Environmental Impact Report
7.1Environmental Impact Report Required
An Environmental Impact Report (EIR) shall be prepared if the City determines that the project
may, or will, have a significant impact on the environment. The City shall prepare, or contract
with a consultant to prepare, the EIR. If an EIR will be clearly required for a project, the City may
skip the Initial Study and begin work directly on the EIR.
7.2General Requirements
The City shall ensure that the following general requirements are followed when processing an
EIR in the City:
A.The EIR shall contain all content in accordance with Sections 15120 et seq. of the State
CEQA Guidelines.
B.The City shall make the determination as to who will prepare the EIR.
C.The City shall ensure that an EIR shall be prepared with a sufficient degree of analysis to
provide the decision-makers with information that enables them to make a decision
that takes into account the environmental consequences of a project. The evaluation of
the environmental impacts of a project need not be exhaustive, but the sufficiency of an
EIR shall be reviewed in the light of what is reasonably feasible. Disagreement among
experts does not make an EIR inadequate, but the EIR shall summarize the main points
of disagreement among the experts. The courts have looked not for perfection, but for
adequacy, completeness, and a good faith effort at full disclosure. (See Section 15151 of
the State CEQA Guidelines.)
D.The EIR shall be written in language sufficiently clear that issues can be understood by
an average member of the public.
E.The information contained in the EIR shall include a summary of technical data, maps,
diagrams, and similar information sufficient to permit full assessment of the
environmental impacts by the decision-makers, reviewing agencies and the general
public. Placement of highly technical and specialized analysis and data in the body of the
EIR shall be avoided through inclusion of these data in technical appendices. Appendices
to an EIR may be prepared in volumes separate from the Draft EIR, but shall be available
for public review and shall be submitted to all clearinghouses which assist in public
review.
F.The EIR shall be prepared using a systematic interdisciplinary approach. The
interdisciplinary analysis shall be conducted by competent individuals, but no single
discipline shall be required to prepare an EIR. Preparation of EIRs is dependent on
information from many sources. These sources shall be cited but not included in the EIR.
The EIR shall cite all documents used in preparation including, where possible, the page
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Impact Report | Page 7-2
number and section number of any technical reports which were used as the basis for
any statements in the EIR.
G.The EIR shall discuss environmental impacts in proportion to their severity and
probability of occurrence. Impacts dismissed in the Initial Study and/or Notice of
Preparation as clearly insignificant and unlikely to occur need not be discussed further in
the EIR unless the City subsequently receives relevant information inconsistent with the
finding in the initial study or NOP. If one has been prepared, a copy of the Initial Study
shall be included as an appendix to the EIR.
H.The EIR shall contain a statement briefly indicating the reasons for determining that
impacts that the initial study identified as potentially significant were found to be
insignificant and are not discussed in detail in the EIR.
I.Preparing an EIR involves some degree of forecasting. While forecasting the
unforeseeable is not possible, an agency must use its best efforts to find out and
disclose all that it reasonably can. If, after thorough investigation, the City finds that a
particular impact is too speculative for evaluation, the City shall note this conclusion and
terminate the discussion of the impact in the EIR.
J.An EIR may incorporate by reference any or all portions of another document which is a
matter of public record or is generally available to the public. Where all or part of
another document is incorporated by reference, the incorporated language shall be
considered to be set forth in full as part of the EIR. Where part of another document is
incorporated by reference, such other document shall be made available to the public
for inspection at City offices. The location where the referenced document may be
viewed shall be cited in the EIR.
K.Mitigation measures included in an EIR shall meet the standards for timing,
enforceability, essential nexus, rough proportionality, and legality as set forth in Section
15126.4 of the State CEQA Guidelines.
7.3Processing an EIR
The City shall adhere to the following steps for preparing and processing an EIR within the City;
these steps supplement the EIR process contained in Article 7, Section 15080 et seq. of the
State CEQA Guidelines.
7.3.1Notice of Preparation
The City shall ensure that a Notice of Preparation (NOP) is prepared and distributed via any
method of transmittal that provides a record of receipt to the State Office of Planning and
Research (OPR), all responsible agencies, to all federal agencies involved with approving or
funding the project, trustee agencies, agencies with jurisdiction by law over resources affected
by the project, and agencies/persons identified on the City’s local distribution list. The City shall
ensure that the appropriate number of copies of the NOP and a State Clearinghouse transmittal
form are sent to the OPR State Clearinghouse for distribution to state agencies. In addition the
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Impact Report | Page 7-3
City shall determine whether consultation with water agencies is required, based on project
characteristics, during the NOP process (State CEQA Guidelines Section 15155). A sample NOP
is provided in Appendix E: Dublin CEQA Forms.
The purpose of the NOP is to notify the various agencies and interested persons about the
project, solicit their comments on the scope and content of the EIR, and to foster interagency
coordination and cooperation. The agencies and interested persons have 30 days to respond to
the NOP.
The City shall ensure that the NOP is also mailed to any person who has requested in writing to
be notified of the project review.
7.3.2Scoping Meeting
The scope of the EIR is determined using one or more of the following sources: Initial Studies,
previous environmental documents, responses to the NOP, City review of the project
application, and consultation with other agencies. Further, the City shall conduct at least one
scoping meeting for (1) projects of statewide, regional or areawide significance (State CEQA
Guidelines section 15206), or (2) a project that may affect highways or other facilities under the
jurisdiction of the Department of Transportation if such meeting is requested by that
Department. Otherwise, the Director at his/her discretion may conduct a public scoping
meeting during the 30-day NOP review period to solicit comments from the general public on
the scope of the EIR.
When a scoping meeting occurs, the City shall provide notice of the scoping meeting to all of
the following:
A.Any county or city that borders Dublin, unless the City has a specific agreement
otherwise with that county or city;
B.Any Responsible Agency;
C.Any public agency that has jurisdiction by law over the project; and
D.Any organization or individual who has filed a written request for the notice.
7.3.3Use of Consultants
The City maintains a list of qualified consultants to prepare EIRs. The City, at its discretion, may
select a consultant from this list, may seek other qualified consultants, or may utilize Staff to
prepare the EIR for a project, and may consult with the applicant in making the selection. The
applicant for a private development project is responsible for the full cost of the preparation of
an EIR for the project (including administrative overhead costs) plus the City staff, contract
staff, consultant and attorney costs of reviewing documents and managing the consultant.
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Impact Report | Page 7-4
7.3.4Draft EIR
The Draft EIR shall contain the required content pursuant to Article 9, Section 15120 et seq. of
the State CEQA Guidelines, including Appendix F, Energy Conservation, of the State CEQA
Guidelines. If the EIR is prepared by a consultant, the City shall review an Administrative Draft
EIR prior to release of the Public Review Draft EIR.
7.3.5Public Review of Draft EIR
The City shall ensure that public review of the Draft EIR generally follows the procedures
outlined below:
1.A Notice of Completion (NOC) and Environmental document Transmittal form (see State
CEQA Guidelines Appendix C) shall be prepared and filed with the State Clearinghouse
and shall include the Draft EIR and all applicable technical appendices . OPR’s standard
Notice of Completion is provided in Appendix E: Dublin CEQA Forms
2.A Notice of Availability (NOA) form shall be prepared and filed with the Alameda County
Clerk. The NOA shall be prepared in accordance with State CEQA Guidelines Section
15087 and published one time in a local newspaper of general circulation. A sample
NOA is provided in Appendix E: Dublin CEQA Forms
3.A complete hard copy of the Draft EIR (including appendices) shall be made available for
public review at the appropriate City department and the Dublin Library, as well as
other locations as the City deems appropriate. The City shall make hard copies of the
Draft EIR and appendices available, at cost, upon request by the general public.
4.An electronic copy of the Draft EIR and technical appendices shall be made available on
the Community Development Department’s web site.
5.A copy of the Draft EIR (with technical appendices) shall be provided to the Applicant.
6.The public review period for a Draft EIR shall be in accordance with CEQA and the State
CEQA Guidelines.
7.The City may conduct a public meeting or other similar opportunity during the public
review period for the purpose of accepting public comments on the draft EIR.
7.3.6Final EIR
The City shall ensure that the Final EIR includes all content required by State CEQA Guidelines
section 15132, including but not limited to all comment letters received during the public
review period, the City’s written responses to all comments received on the Draft EIR during the
public review period, and any revisions to the Draft EIR resulting from the public review.
The City shall provide proposed responses to a public agency on comments made by that public
agency at least 10 days prior to a certification of the Final EIR. The City may provide
commenting agencies with the Final EIR for compliance with this provision.
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Impact Report | Page 7-5
7.3.7Certification of the Final EIR and Project Approval
Certification of the Final EIR and approval of a project shall generally follow the procedures
outlined below:
1.Certification. Prior to approving a project, the decision-making body shall first certify
that the Final EIR was prepared in compliance with CEQA; that the Final EIR was
presented to the decision-making body, which reviewed and considered the Final
EIR before approving the project; and that the Final EIR reflects the City’s
independent judgment and analysis.
When the Planning Commission makes a recommendation on a project, the
Commission shall make a recommendation on the EIR in draft or final form prior to
making its recommendation on the project.
2.Findings. In accordance with Section 15091 of the CEQA Guidelines, the City shall
not approve, or carry out a project, for which an EIR was prepared and certified
which has one or more significant impacts unless the City makes one or more of the
following findings:
a) Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental impacts as
identified in the Final EIR;
b) 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 other such agency; and/or
c) Specific economic, legal, social, technological or other considerations, including
provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or project alternatives identified in the Final EIR.
If finding c) is made, the findings shall address infeasibility of alternatives as well as
mitigation measures.
If finding c) is made, a Statement of Overriding Considerations shall be adopted in
addition to the finding.
When making these findings, the City shall also specify the location and custodian of
the documents or other materials that constitute the record of the proceedings
upon which its decision is based.
3.Statement of Overriding Considerations. In accordance with Section 15093 of the State
CEQA Guidelines, if the City approves a project with unavoidable significant
environmental impacts, it shall approve a written Statement of Overriding
Considerations prior to approval of the project. The Statement of Overriding
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Environmental Impact Report | Page 7-6
Considerations shall set forth substantial evidence of the specific economic, legal, social,
technological or other benefits supporting the City’s decision to approve the project. If
the economic, legal, social, technological or other benefits outweigh the unavoidable
adverse environmental effects, those unavoidable effects may be considered
acceptable.
4.If the decision-making body cannot find that the Final EIR was prepared in accordance
with CEQA and the State CEQA Guidelines and these Guidelines, the decision-maker may
decline to certify the EIR, or may refer it back to the appropriate department for
revisions to the document to bring it into conformance. This may require recirculation of
a revised Draft EIR.
5.The Final EIR shall be certified prior to the decision-making body approving a project.
6.When making the findings required in paragraph 2 above, the decision-maker shall also
adopt a Mitigation Monitoring or Reporting Program (MMRP) consistent with Section 8
of these Guidelines.
7.3.8Notice of Determination
Following any project approval, the City shall file a Notice of Determination (NOD) with the
State Office of Planning and Research (State Clearinghouse) and the Alameda County Clerk,
accompanied by the County’s Administration fee and applicable CA Department of Fish and
Wildlife fee. See Appendix E: Dublin CEQA Forms for a sample NOD.
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
Mitigation Monitoring or Reporting Program | Page 8-1
8Mitigation Monitoring or Reporting Program
Pursuant to Section 21081.6 of the CEQA Statute and consistent with State CEQA Guidelines
Section 15097, the City shall monitor or report on compliance with and implementation of
adopted mitigation measures through a Mitigation Monitoring or Reporting Program (MMRP).
As indicated in State CEQA Guidelines Section 15097(c), there is often no clear distinction
between reporting and monitoring. Reporting generally consists of written compliance review
presented to a decision making body or authorized staff person, and monitoring is generally
ongoing or periodic project oversight. The program best suited to ensure compliance with
identified mitigation measures will usually involve elements of both.
8.1Mitigation Monitoring or Reporting Procedures
The City shall ensure that the following mitigation monitoring or reporting procedures are
followed for all projects that require mitigation monitoring or reporting, and compliance.
8.1.1Sample MMRP
Appendix E: Dublin CEQA Forms provides a sample MMRP format. Each mitigation measure
shall be clearly identified based on the EIR or Mitigated Negative Declaration, with spaces for
reporting on compliance with and/or monitoring the progress of each mitigation measure as it
is implemented. Other formats may be used so long as they comply with the intent of CEQA
section 21081.6 and State CEQA Guidelines section 15097 to ensure implementation of
adopted mitigation measures.
8.1.2Monitoring and Reporting Program
Reporting and/or monitoring compliance with adopted mitigation measures shall be the
responsibility of the City, in accordance with the timing specified in the measure. In some cases
mitigation monitoring or reporting will require technical expertise, requiring the City to retain
an outside consultant to monitor or confirm compliance.
July 19, 2016
City of Dublin Dublin CEQA Guidelines and Procedures
CEQA Filing Procedures | Page 9-1
9Other Considerations
9.1Inspection of Documents
The City shall make all non-exempt environmental documents and supporting materials
available for public inspection following a request pursuant to the California Public Records Act
and other applicable provisions of state law.
9.2Procedures for the City as a Responsible Agency
In the event the City is required to act as a Responsible Agency, it shall adhere to Section 15096
of the State CEQA Guidelines.
9.3Amendments
The Community Development Director may administratively revise these Guidelines when
he/she determines that such revisions are necessitated by amendments to CEQA and the State
CEQA Guidelines, or when the revisions are essentially technical in their nature and conform to
CEQA and the State CEQA Guidelines. Substantive revisions, such as changes to accommodate
the goals and objectives of the City, shall be reviewed and approved by a resolution of the City
Council.
July 19, 2016
RESOLUTION NO. 20 - 90
A RESOLUTION OF THE CITY COUNCIL 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: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and
Mayor Moffatt
NOES: None
ABSENT: None
Mayor
ATTE
City Clerk
CITY OF DUBLIN
DUBLIN ENVIRONMENTAL GUIDELINES
EXHIBIT A
TABLE OF CONTENTS
ARTICLE I -- GENERAL
Section 1.1: EFFECT OF GUIDELINES . . . . . . . .
Section 1.2: WHEN EIR IS REOUIRED . . . . . . . .
Section 1.3: DEFINITIONS . . . . . . . . . . . .
Section 1.4: EXEMPTIONS . . . . . . . . . . .
(a) Ministerial Exemption . . . . . . . . .
(b) Categorical Exemptions * ' * . . . . . .
(c) Emergency Projects Exempin . . . . . .
(d) Miscellaneous . . . . . . . . . . . . .
Section 1.5: NOTICE OF EXEMPTION . , o . . . . .
Section 1.6: EVALUATING PROJECTS: INITIAL STUDY
(a) Initial Study . . . . . .
(b) Time Limits . . . . .
Section 1.7: NEGATIVE DECLARATION . . .
( a) General .
(b) Consultation
(c) Contents
(d) Time Periods for Review and Comment. .
( e) Notice . . . . . . . . . . . . . . .
(f) Consideration . . . . . . . . .
(g) Notice of Determination . . . .
ARTICLE II -- ADMINISTRATION
Section 2.1: PREPARATION . . . . . . . . . . . . . .
Section 2.2: FEES . . . . . . . . . . . . .
(a) Negative Declaration EIRs, and Monitoring/
Reporting Plans . . . . . . . . . . . . . .
(b) Copies . . . . . . . . . . . . . . . . . . .
(c) Notice
Section 2.3: USE OF A SINGLE EIR
Section 2.4: MULTIPLE AND PHASED PROJECTS . . . . . .
Section 2.5: REDEVELOPMENT PROJECTS . . . . . . . . .
Section 2.6: CONSULTATION . . . . . . . . . . . . . .
(a) Consultation At Time Of Initial Study . . .
(b) Consultation Before Completing Negative
Declaration . . . . . . . . . . . . .
(c) Initial Consultation When EIR Required . . .
(d) Meetings . . . . . . . . . . . . . . . . .
(e) Consultation with other Interested Agencies.
Section 2.7: SUBSE UENT EIR . . . . . . . . . . . . .
Section 2.8: SUPPLEMENT TO AN EIR . . . . . . . . . .
Section 2.9: TIME LIMITS FOR PREPARATION OF
ENVIRONMENTAL DOCUMENTS . . . . . . . . . . . . .
(a) Initial Determination . . . . . . . . . . .
(b) Negative Declaration . . . . . . . . . . . .
(c) EIR . . . . . . . . . . . . . . . . . . . .
i
Page
1
1
1
1
1
1
2
2
2
3
3
3
3
3
3
4
4
4
4
5
5
5
5
5
5
5
5
6
6
6
6
7
7
7
7
7
8
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. . . . . . . . . . . . . . . . .
. 11
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 . . . .
(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
Section
5.1: MONITORING /REPORTING PLAN . . . . . . . .
Changes Which Would Be Involved in the
Section
5.2: PREPARATION OF PLAN . . . . . . . . . . .
Proposed
Action Should It Be Implemented . . .
20
(g)
The
Growth - Inducing Impact of the Proposed
A project Mitigation Measures Monitoring
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 --
iii
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 sea.,) 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
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 S 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 S 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 S 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
S 15260 et seq., S 14260 et seq. 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 § 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
§ 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
§ 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 § 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
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 S 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
(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 EIRE, 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
9
chooses to utilize these alternatives, it shall follow the
procedures set forth in 14 Cal. Admin. Code S 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
S 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
pursuant to or in furtherance
a single project, which shall
adoption of the redevelopment
EIR in connection with the re
in accordance with S 33352 of
private activities or undertakings
of a redevelopment plan constitute
be deemed approved at the time of
plan by the City of Dublin. The
3evelopment plan shall be submitted
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 SS 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
Ll
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.
W
(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 town 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
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 sec.
(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.
11
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
(ii) 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 S 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
relevant local ordinance, it shall
following actions are ministerial.
1
provision contained in the
be prescribed that the
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.
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 § 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.
15321
21. Class 21: Enforcement Actions by Regulatory Agencies.
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.
PI
(2) The adoption
order enforcing or revoking
certificate, or entitlement
rule, standard or objective.
of an administrative decision or
the lease, permit, license,
for use or enforcing the general
(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
to:
(4) Shall include the provision of adequate
employee and visitor parking facilities.
(B) Examples of Class 27 include but are not limited
(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 Proiects 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:1
These exemptions are subject to the exceptions listed at
Appendix B, II.
1
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 sew.)
(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:
If filed by applicant:
City.
Telephone:
1. Attach certified document of finding of exemption by
2. Has a notice of exemption been filed by the public
agency approving the project?
Yes No
Filed with (Signature)
on
OA
(Print Name)
(Title)
(Date)
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.
8. 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.)
YES MAYBE NO SOURCE2
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?
2Refers to appropriate note on page 9.
Appendix D (Initial Study /Part II) Page 2
YESMAYBE 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
YES MAYBE 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?
5. 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?
8. 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?
C:
Appendix D (Initial Study /Part II) Page 7
YESMAYBE 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)
(Printed Name)
(Title)
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,
"not applicable." If mitigation measures are included,
Monitoring /Reporting Plan must be attached.)
indicate
a
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.
Attach.
Date Published:
Date Posted:
Date Notice Mailed:
Considered by:
on:
Action on Negative Declaration:
Approved Disapproved
Notice of Determination filed:
Council Res. No.
signature
Printed Name
Title
Date
(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.
Attach.
Filed with
on
Signature
Printed Name
Title
Date
(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 S 15082)
TO:
(Address)
FROM:
(Lead Agency)
(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:
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.
K.
Signature
Printed Name
Title
Telephone
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:
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, California 95814
FROM:
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:
Mailed on
1
Telephone:
Signature
Printed Name
Title
Telephone
APPENDIX I
NOTICE OF DETERMINATION
(RE: ENVIRONMENTAL IMPACT REPORT)
(To be filed pursuant to City of Dublin CEQA Guidelines,
5 3.2(g), 14 California Administrative Code 5 15094.)
TO:
County Clerk
County of _
FROM:
SUBJECT: Filing of Notice of Determination within five (5)
working days of project approval in compliance with City of
Dublin CEQA Guidelines, 5 3.2(g); California Administrative Code
5 15094.
Project Title:
State Clearinghouse Number (if submitted to State Clearinghouse):
Contact Person:
Project Location:
Project Description:
Telephone:
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, -,- not, made a
condition of the approval of the prod ce .
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:
Mailed on
2
Signature
Printed Name
Title
APPENDIX J
STATUTORY EXEMPTIONS
(City of Dublin CEQA Guidelines § 1.4(d) and 14 California
Administrative Code § 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.
01
(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 S 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 S 51100 et sea. (Gov. Code,
S 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 S 30000
of the Public Resources Code) by:
2
(1) Any local government, as defined in S 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 S 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 S 21080.5, Public
Resources Code. See: S 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
S 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 Projects 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.
K
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
modification, structuring, or approval
other charges by public agencies which
are for the purpose of:
4
the establishment,
of rates, tools, fares, or
the public agency finds
(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
(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 Projects
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 Projects 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.
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