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CC Resolution No. 3904 ! ti RE50LUTION N0. 3904 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE ENVIRONMENTAL ASSESSMENT' PROCEDURE AS ORIGINALLY ADOPTED ON MAR.CH 27, 1973 ANP AMENDED ON MARCH 4, 1974 WHEREAS, the Office of the Secretary for Resources of California held hearings Co consider amendments to the State Environmental Assessment v Guidelines; and WHEREAS, after said public hearings, the Secretary of the State Department of Resources has officially amended State Guidelines and forwarded those amended guidelines to local ~urisdictions for their consideration; and WHEREAS, the City of Cupertino has considered these amendments as ' related to the Environmental Assessment Procedure of the City of Cupertino; NOW, THEREFORE, the City Council of the City of Cupertino does hereby amend the Environmental Assessment Procedure of the City of Cupertino, as set forth on Exhibit "A" attached hereto and made a part hereof. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 29th day of April, 1975, by the following vote: Vote Members of the City Council AYES: Meyers, Nel3is, Jackson NOES: None ABSENT: Frolich, Sparks AB5TAIN: None APPROVED: " /s/ James E. Jackson Mayor, City of Cupettino ATTEST: /s/ Wm. E. Ryder ~ity Clerk 1 . ~ _ , ~ Resolution No. 3904 ~xhibit A CI'TY OF CUPEklINO . Environment Assessment Procedure ~ ~ , Section 1 Purpose. The purpose of the document is to establish local procedures to implement the California Environmental Quality Act of 1970 ~ (C~QA). The provisions set forth herein shall be construed in accordance with CEQA and any interpretations thereof by a competent trib unal. Nothing herein shall preclude the City from taking such~other action in respect to projects as is deemed ~necessary by the CiCy to obtain full compliance by the Ci~y with the provisions of CEQA. Section 2 Definitions. Section 2.1 Applicant. The term "applicant" shall mean the person who submits a project or a specific part of a project for governmental action. Section 2.2 Approval. An action on the part of a decisionmaker committing the City to a definite course regarding a project intended to be carried out. The exact date of approval shall be deterr~ined by reSerence to applicable City ordinances and resolutions. However, it shall generally be considered to occur upon the earliest commitment by the decisionmaker providing for the entitlement of use. Section 2.3 California Environmental Quality Act of 1970. The phrase "Environmental Quality Act of 1970" shall mean Division 13 of the CaliL-ornia Public Resources Code, as it may be amended from time to time, and any regula- tions adopted pursuant thereto. ~ • Section 2.4 Decisionmaker. The tercn "decisionmaker" shall mean any agency, official, or employee of the City who is authorized to. take a governmental action on a project, including but not limited to the City Council and the ~ Planning Commission. Section 2.5 Emer~ency. The term "emergency" means a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage ~ to life, health, property, or essential public services. ~ Section 2.6 Discretionary Project. The term "discretionary project" shall mean an activity defined as a project which requires the exercise of judgment, _ deliberation, or decision on the part of the public agency or.body in the process of approving or disapproving a particular activity, as dist'3nguished from situations where the decisionmaker merely has to determine whether there ~ has been conformity with applicabYe statutes, ordinances, or regulations. - , . ' ~ -1- ~ - Section 2.7 Environment. The term "environment" shall mean the physical conditions which exist within the area ~ahich will be affected by a proposed project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. The general term "environment" is divided into the following categories: (a) The physical or inorganic environment, comprisin~ such factors as climate and soil. ' (b) The biological environment, comprising wild plants and animals. The social environment, comprising things due to human activity and divisible in turn into: ~ (1) The physiosocial environment, comprising buildings, roads, and . ~ ~ . all manufactured objects. ~(2) The biosocial environment, comprising.domesticated plants and ' ~ animals . ~ ~ - ~ .(d) Scenic view and archeological sites. . Section 2.8 Environmental Assessment. The phrase "environmental assessment" shall mean an evaluation of the characteristics of a project to determine whether the project may have a significant effect on the environment. Section 2.9 Environmental Advisor. The phrase "environmental advisor" refers either to any outside CG115111i.S1~~S employed by ~he City to assisL- in tr~e preparation of envi.ronmental impact reports, or to a City staff inember or members assigned to prepare the Environr?ental Impact Report (EIR). Section 2.10 Environmental Documents. The phrase "environmental documents" shall mean all~of the paper pertaining to a specific project which are ~ prepared by, or on behalf of, or for the City, and are relied upon as the ~ basis, proof, or support of the environmental impact of the project. ~ ' Section 2.11 Environmental Impact Report. The phrase "Environmental Impact Report" shall mean the detailed written statements and comments, as defined in the Environmental Quality Act of 1970, and amendment thereto, and the Guidelines for Implementation of the Environmental Quality Act of 1970 as adopted by the Secretary of Resources. Section 2.12 Environmental Review Committee (ERC). The phrase "Environmental Review Committee" refers to a committee composed of one City Councilman, one Planning Commissioner, the City rianager, the Director of Public idorks, and the ~ Director of Planning, or their designated alternates. Section 2.13 Governmental Action. The phrase "governmental action" shall mean the proposed authorization by the City of a project or a specific part of a project. Such proposed authorization may be by ordinance, resolution, ' contract, lease, permir, license, or any other form of entitlement of use. -2- ~ Section 2 14 Ministerial Project. The phrase "ministerial project", as a general rule, includes those activities defined as projects, which are ~ undertaken or approved by a governmental decision that a public officer or public agency.inakes upon a given state of facts in a prescribed manner in obedience to the mandate of legal authority. When considering these projects, the officer or agency must act upon the g~ven facts without regard to his o~an judgment or opinion concer.ning the propriety or wisdom of the act although the statute, ordinance, or regulation may require, in some degree, a construc- tion of its language by the officer. Section~2.15 Negative Declaration. The phrase "Negative Declaration" shall mean a statement by the decisionmaker for the City setting forth that although the project is not categorically exempt, it ~vould not h ave a significant effect on the environment and therefore does~not require an Environmental Impact Report (EIR). ~ Section 2.16 Notice of Determination. The phrase "Notice of Deterniination" . shall meari a brief notice to be filed Uy the City when it approves or determines to carry out a project which is subject to the requirements of the Environmental Quality Act of 1970. Section 2.17 Person. The term "person" shall mean any person, firm, , association, organization, partnership, business, trust, corporation, company, . district, county, city and county, city, town, the state, and any of the agencies and political subdivisions of such entities. Section 2.15 Proiect. The term "project" means the whole of an action, which has a potential for physical impacL on tlie environ~r~er.t, directly or ultimately, that is any of the following: (a:) An activity directly undertaken by the City, including but not limited to public works construction and related activities, clearing or grading ' ~ of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local General Plans or elements thereof. ~ (b) An activity undertaken by a person, other than the City, which is supported in whole or in part through contracts, grants, subsidies, loans , or other fornis of assistance from the City . (c) An activity involving the issuance to a person by tY~e City, of a lease, .permit, license, certificate, or other entitlement for use. Section 2.19 Significant Effect. The phrase "significant effect" shall mean a substantial adverse impact on the environment. In accordance with the legislative intent stated in the Environmental Quality . Act of 1970, the effects on the following items are deemed to be more significant than other environmental effects: (a) Aesthetic environmental qualities. (b) Natural environmental qualities. -3- ' . ~ (c) Scenic environmental qualities. ~ ~(d) Historic environmental qualities, especially examples of the major periods of California history. ~ . (e) The maintenance and perpetuation of fish_and wildlife species. (f) Noise. (g) Solid waste, air and water quality. (h~ Traffic. ~ ' . -4- Section 3 General Provisions. ~~Sect~on 3.1 Effect of Provisions on Past Actions. The adoption of these ~ provisions shall not be construed to invalidate any past governmental action by the City which did not comply with these provisions or of the Environmental Quality Act of ~970. Any past governmental action by the City on the follocaing . types of projects hereby is ratified and approved: (a) Projects which would not have a significant effect on the environment. (b) Projects for which there ~aas substantial compliance ~aith the provisions of this.title or of the Environmental Quality Act~of 1970. (c) Projects which received environmental approval from the state or ~ federal government. . (d) Projects for which the.enyironmental impact was considered by the City even though there was~no Euvironmental Impact Report prepared. Section 3.2 On-going Projects. With respect to on-going projects the guide- lines set forth in Section 15070 of Guidelines for Implementation of the California Environmental Quality Act of 1970 as adopted by the Secretary of ~ Resources shall prevail as related to on-going projects within the jurisdic- tion of the City of Cupertino. Section 3.3 Establishment of Environmental Review Committee (~RC). The City Council hereby establishes the Environmental Review Committee composed of one City Cour~cilman, or.e Planning Commissioner, the City Manager, the Director of ~ Public Works, and the Director of Planning, or their designated alternates. This committee shall review projects as to whether the project may or may not have a significant effect on the environment and take the appropriate actions .~~as hereinafter provided. Upon making a finding that a project may have a significant effect on the environment, the City Council and Planning Commission members of the comnu ttee shall become inactive relative to the preparation of the Environmental Impact Report. Section 3.4 Fees. (a) Preliminary environmental assessment.. There shall be no fee ~or a ~ prelimi.nary environmental assessment; provided, however, that the costs of malcing such assessment may be reflected in any other fee . ~ required for processing the project. (b) Environmental assessment. The fee for an environmental assessment of a project sponsored entirely by a person other than the City shall be $25 and.shall be paid prior to such environmental assessment. (c) Environmental Impact Report (EIR). The amount of said fee shall be determined by the Environmental Review Committee, shall be based upon ~ ~ the size and scope of the project, shall be in an amount adequate to . compensate fhe City for its costs in connection therewith, including, but not limited to, all costs of an environmental consultant if one is retained by the City. -S- (d) Cost of Pub lishing Notices. A fee shall be collected to def ray the cost incurred by the publication of notices in the newspaper for ~ projects sponsored entirely by a person other than the City. This fee shall not be collected when the notice is g.iven in conjunction . with another hearing required as a part o£ the normal planning process. (e) Cost of EnvironmenCal Documents to the General Public. .A fee shall be collected~from memLers of the public for a copy of an environmental ~ document to defray the actual cost of production or reproduction. Section 3.5 Public Comment on Environmental Documents. All written co~nents ~for the record thereof by the public or by a governmental agency specifically ~ on the environmental characteristics of'a discretionary project shall be transmitted to the Planning Department and, if not required to be a part of the Environmental Impact Report by the Environmental Quality Act of 1970, • may be included with the environmental documents for the project. Section 3.6 Authority.to Sign Findings. Whenever an agency of the City, • such as the City Council.or the Planning Commission, is required to make a finding, such finding may be made orally. The City Clerk~of the City Council ~ and the Planning Director of the Planning Commission hereby are authorized to . ~ act on behalf of that agency in making the written finding in the appropriate language on the appropriate document and in signing such appropriate document. Section 3.7 Cotmiiencement of Actions. Any action or proceeding to attack, review, set aside, void, or annul any determination, decision, or governmental action by the City on the ground of noncompliance with this title or with the F.nvir.onmenta? Quality Act of 1970 shall be co~~ne:iced as follows : , . (a) Any action or proceeding alleging that the City is carrying out or has approved a project which may have a significant effect on the environ- ment without having determined whether the project may have a~signifi- .cant effect on the environment shall be commenced ~oithin 180 days of ~ the City's decision to carry out or approve the project or, if a projecC is undertaken without a formal decision by the City, within . 180 days after commencement of the project. (b) Any action or proceeding alleging that the City has improperly determined ~ whether a project may have a significant effect on the environment shall be commenced within 30 days after the filing of the Notice of Determina- tion with the County Clerk as required.by the Environmental Quality Act ~ of 1970. (c) Any action or proceeding alleging that an Environmental Impact Report . does not comply with legal requirements shall be commenced within ~ 30 days after the filing of the Notice of Determination with the ~ ~County Clerk required by the Environmental Quality Act of 1970. ~ Section 3.8 Proof of Service, Proof of prior service by mail upon the City of a written notice of the commencement of any action or proceeding described in Commencement of Actions above identifying the project shall be filed con- currently with the initial pleading in such action or proceeding. Section 3.9 ~Filing of Notices. The.Direetor'of Planning shall file any notices required by the ~nvironmental Quality Act of, 1970. . -6- ~ . l . ~ Section 4 Ministerial Proiects. Ministerial projects are not subject to the environmental impact procedure specified herein or to the Environmental Quality Act of 1970. The following list sets forth those projects. (a) Issuance of building and other related~permits. ~ (b) Issuance of business licenses. . , • (c) Approval of final subdivision maps. (d) Issuance of encroachment permits. (e) Issuance of street-cut permit. ' (f) Issuance of grading permit. In the event a question is raised, either by an applicant or by a member of the City staff, as to whether or not a project is or is not a ministerial proje~ct, the question shall be referred to the City Attorney for his ruling as to whether or not, under state and local law, the project is or is not a ministerial project. ~ _ : - 7- Section 5 Categorical Exemption. ~ ~ Section 5.1 Development by Director of Planning. The Director of Planning shall develo~ a list of classes of projects which shall be granted categorical exemptions. ~ ~ Section 5:2~ Adoptiori by~Motion. The City Council shall adopt by motion ' ~ those classes~of projects which should be granted categorical exemptions. . Section 5.3 Effect~of a Categorical Exemption. Any project which is within• a class of projects granted a categorical exemption and which does~not have environmental characteristics significantly different from the other members of such class is deemed to be a project which wi11 not have a significant effect on the environment. Vo environmental assessment or environmental impact report is required for such a project. Section 5.4 Criteria for Granting a Class of Projects a Categorical ~xemption. (a) The following classes of activities shall be granted categorical exemp- tions from the Environmental Impact Procedure~, provided that no change in use, occupaney or zoning on the site is involved. Criteria for granting a class of projects a categorical exemption are: (1) The projects within the class bccur~frequently. ~ (2) The projects within the class.in general will not have a signifi- cant effect on the environment due to their nature. (3) The projects within the class in~general will'not have a signifi- cant effect because sufFicient guidelines for talcing governmental action already have been established in the City by ordinance, ~ resolution, or motion to ensure conformity with the California Environmental Quality Act of 1970. (b) Categorical Exemptions shall not be granted, even for projects which normally qualify under one of the exempt classes, if the project might cause one or more of the following: ' (1) Moving of more than 100 cubic yards of soil. (2) Destruction of highly desirable trees, shrubs or wildlife. (3) Disturbance of streams or unusual land forms. (4) Creation of any unusual air, water or noise pollution source. (5) Disturb ance of any slope of more than 30%. (6) Destruction of historically important buildings or sites. (7) Violation of any law, regulation or authorization of any other jurisdiction. -8- . . Section S 5 Class 1• Existing Facilities. Class 1 consists of the opera- tion, repair, maintenance or minor alteration of existing public or private structures, facilitie.s, mech anical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including:. (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 convey or distribute electric power, natural gas, sewage, etc. (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. ~ (d) Restoration, or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage • was substantial and resulted from an environmental hazard such as earthquake, landslide or flood. (e) Additions to existing structures other than single-family residences, provided that the addition will not result in an increase of more than SO% of the floor area of the structure before the addition or alteration, ~ or 2,500 square feet, whichever is less. • (f) Addition of safety or health protection devices for use during con- struction with existing structures, facilities or r.:echar.ical equipmentr or topographical features (including navigational devices) where these devices do not have or result in an adverse environmental impact. (g) New copy on existing on .and off-preniise 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 f.ish screens, fish ladders,. wildlife habitat areas, ~ artificial wildlife waterway devices, streamf lows, springs and waterholes, and stream channels (clearing of debris) to protect fish ~ and wildlife resources. (j) Fish stocking by the California llepartment of Fish and Game. •(k) Division of existing multiple-family rental units into condominiums. (1) Demolition and removal of buildings and related structures except where they are of histori.cal, archeological, social, or architectural consequence as officially designated by Federal, State or local governmental action. . (m) Additions to single-family residences. -9- Section 5.6 Class 2: Replacement or Reconstruction. 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%. ~ ~ (b) Replacement of a commercial structure with a new structure of sub- stantially the same size and purpose. Section 5.7 Class 3: Ne~a Construction of Small Structures. Class 3 consists of construction and location of single, new and small facilities ' or structures and installation of new equipment and facilities including but not limited to: (a) Single-family residences not in conjunction with the building of two ~ or more such units. . (b) Motels, apartments, and.duplexes designed for.not more than four d~ellirig units if not in conjunction with tfie building of t~oo or more such structures. (c) Stores, offices, and restaurants if designed for an occupant load of 20 persons or less, if not in conjunction with the building of two , or more such structures. (d) Water main, sewage, electrical, gas and other utility extensions o£ reasonable length to serve such construction. ~ (e)_ Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences. (f) Subdivision direction signs. ~ Section 5.8 Class 4: Minor Alterations to Land. Class 4 consists of minor public or private alterations in the conditio.n of land, water and/or vegeta- tion, including but not limited to: (a) Grading on land with a slope of less than 10%, except where it is to be located in a waterway, in any wetland, in an officially designated (by Federal, State or local governmental action) scenic area, or in officially mapped areas of severe geologic hazard. (b) New gardening or landscaping but not including removal of mature, native or exotic trees. ~ (c) Filling of earth into previously excavated land with material compatiUle . with the natural features of the site. ' ' -10- (d) riinor alterations in land, water and vegetation on existing officially designated wildlife management areas of fish production facilities which result in ~mprovement of habitat for fish and wildlife resources or greater fish production. (e) Minor temporary uses of land having negligible or no permanent effects on the environment, such~as sales of Christmas trees, etc. Section 5.9 Class 5: Alterations in Land Use Limitations. Class 5 consists ~ of minor alterations in land use l~i.mitations, except zoning, including but not limited to: ~ (a) Minor lot line adjustments, height, yard, coverage and.area regulations, side yard and setback variances not resulting in the creation of any new parcel nor in any change in land use or density. (b) Issuance of encroachment permits. Section 5.10 Class 6: Information Collection: 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 for strictly information gathering . purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted or funded. Section 5.11 Class 7: Actions by Regulatoiy Agencies for Protection of Natural Resources. ~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. Section 5.12 Class 8: Actions by Re ulatory Agencies for Protection of the Environment. 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 proeedures for protection of ~the environment. Construction ' activities are not included in this exemption. Section 5.13 Class 9: Inspections. Class 9 consists of activities limited entirely to inspection,'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. , Section 5.14 Class 10: Accessory Structures. Class 10 consists of construc- tion, 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. -11- Section 5.15 Class 11: Surplus Government Property Sales. Class 11 ~ consists of sales of surplus government property except for parcels of land. Section 5.16 Class 12: Emergency. Class 12 consists of activities limited ~ to the amelioration of an emergency including but not limited to: (a) Projects undertaken, carried out, or approved by a public agency to ~ maintain, repair, restore, demolish or replace pi-operty or facilities ' damaged or destroyed as a result of a disaster~in a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7(commencing with Section 8550) of Division 1, Title 2 of the Government Code. ~ (b) Emergency repairs to public service facilities necessary to maintain . servi.ce. (c) Projects undertaken as immediate action necessary to prevent or mitigate . an emergency. • Section 5.17 Class 13: Activities Not Substantially Affecting the Environment. C],ass 13 consists of 'those activities for which an application for a govern- ment permit or other entitlement for use is made to the City, and it is determined (based on the provisions of this Chapter) that such activity does not substantially affect the enviromnent. ~ CAVEAT ~ While the categorical exemptions listed zbove contain classes or examples of projects which . ~ in many cases may b~a ministerial, the inclusion of them is in no way intended to imply any finding here that they are ministerial or dis- cretionary. The categorical exemptions, natu- rally, only apply where the project in question is found to be discretionary. Section 5.18 Qualification of Certain Exemptions. The exemption of Classes 3, 4, 5 and 10 shall not apply where the project: (a) Is located so as to affect a particular sensitive environment (although ~its environmental impact would not be significant except for its particular location). (b) Impacts on an environmental resource or hazard of critical concern as may be hereafter designated, precisely mapped and officially . adopted pursuant to law. . (c) All exemptions listed her~in shall be inapplicable when the cumulative . impact of successive projects of the same type in the same place over a period of time becomes significant (e.g., annual additions to an existing building under Class 1). ~ -12- Section 6 Initial Study. ~ ~ Section 6.1 Data from Applicant. The city official, who receives a project for processing, may require the applicanC to provide all or any part of the base information on the project necessary for a~preliminary environmental . assessment of the project. Section 6.2 ~Firidings by Processing Official. When a project is submitted . to the City for processing, the city official responsible for the processing shall make a preliminary environmental assessment of the project. If he deterinines that the~project qualifies for a categorical exemption, he shall . record his finding in writing. If he determines~that the project does not . qualify for a categorical exemption, he~shall record this determination in writing and transmit the project to the Director of Planning, for further transmittal to the Environmental Review Committee (ERC). . Section 6.3 Evaluation of Projects Requiring More Than One Discretionary Action. In the event that a project requires more than one (1) discretionary. action, i.e., ch ange of zone, use permit, tentafive map, etc., the Planning Director may find, upon review of the project that the scope and intensity . is in keeping with the original environmental assessment and that the subsequent discretionary actions are exempt from the provisions of these guidelines~. The Planning Director shall report all such actions taken under this section to the Environmental P.eview ~Committee for final approval. -13- Section 7 Environmental Assessment Procedure. Section 7.1 Referral to Environmental. Revie~ Committee (ERC). Upon deterniina- tion that a project is not categorically exempt from the requirement of the Environmental Quality Act of 1970, the applicant shall prepare the Environ- mental Assessment ~Jorksheet, which may be ohtained at the Planning Department office. Upon completion of said worksheet, the matter shall be referred to the Environmental Revie~a Committee. ~dithin fifteen (15) days of the referral date, the Enviroiunental Review Committee shall prepare a written finding as to whether or not the project may have a significant effect on the environ- ment. Section 7.2 Evaluation of Project by Environmental Review Committee (~RC). (a) In evaluating the significance of the environmental effect of a project, where discretionary governmental action is involved, the Committee shall consider both primary and secondary consequences. (1) Primary consequences are immediately related to the project (the . construction of a new treatment plant may facilitate population • growth in a particular area). ~ (2) Secondary consequences are related more to primary consequences than to the project itself (an impact upon the resource base, including land, air, water and energy use of the area in question may result from the population). .(b) Examples of Consequences which may have a significant effect on the ' environment: (1) Is in conflict with environmental plan, the comprehensive General Plan, and goals that have been adopted by the City. (2) Has a substantial and demonstrable negative aesthetic effect. (3) Substantially affects a rare or endangered species of animal or plant, or habitat of such a species. • (4) Causes substantial interference with the movement of any resident or migratory fish or wildlife species. (5) Results in a subseantial detrimental effect on air or w ater quality, or on ambient noise levels for adjoining areas. . (6) Involves the possibility of contaminating a public water supply system or adversely affecting ground water. . (7) Could cause substantial flooding, erosion or siltation. Is sub~ect to major geologic hazards. (9) Breaches any published national, state, or local standards relating to solid waste or litter control. -14- ~ (10) Causes substantial effects as related to vehicular movement ' (traffic). ~ ~ ~ (c) Mandatory Finding of Significance. In every case where any of the followirig conditions are found to exist as a result of a project, the project will be found to have a significant effect on the environment: (1) Impacts which have the potential to degrade the quality of the ~ environment. . ~ (2) Impacts which ~achieve short-term, to the disadvantage of long-term, ~ environmental goals. A short-term~impact on the environment is one which occurs in a relatively brief, definitive period of time, while long-term impacts will endure well into the future. (3) Impacts for a pro~ect which are individually limited, but cumu- latively considerable. For example, a project may impact on two , or more separate resources where the impact on each resource is relatively small, but overall impact considerab 1e. Iiowever, this mandatory finding of significance does not apply to two or more separate projects where th.e impact of each is insigniticant: (4) The environmental effects of a project ~oill cause substantial . adverse effects on human beings~, either directly or indirectly. (d) The Committee shall be guided by the following questions as a further ~ aid in determining the significance of a project. (1) Does the comprehensive General Plan appropriately consider the proposed project as related to major concerns such as land use ~ and traffic and its overall functioning within the community? ~ (2) Will the project be inconsistent with the City's General Plan ~ and its planning policies concerning the natural environment " and resources of the City? ~ (3) jdill the project be inconsistent with the General Plan and planning policies of the surrounding governmental agencies? (4) Does the project significantly change present uses of land outside the project area? ~ (5) Does the project affect the use of a recreational area or area of important aesthetic value? ~ . (6) Does the project result in the displacement of any community residence? (7) Are any~of the natural or man-made features in the project . azea unique, that is, not found iu other parts of the county, state or nation? (8) Does the project significantly af£ect a known historical or archeological site or its settitzgs? - -15- (9) Does the project s~ignificantly affect the potential use ~xtraction or conservation of a scarce natural resource? (10) Does.the project area serve as a habitat, food source, nesting place, source of water, ~tc., £or rural or endangered wildlife or fish species? . (11) Does~ the project si.gnificantly affect fish, wildlife, or plant life? (12). Are there any rare or endangered plant species in the project area? ~ (T3) Does the project result in erosion of outside property? (14) Does the project require a variance from established environ- mental standards for air, water, noise, etc., or adopted plans? (15) Will the project require certification, authorization or issuance of a permit by any local, state or federal environmental control agency? (16) Will the project require issuance of a variance or conditional use permit? ~ ~ ~ (17) Will the project, involve the application, use or disposal of h azardous materials? ~ (18) Will the project involve construction of facilities in flood plain? (19) Will.the project involve construction of facilities in the area of a known active f ault? " ~ (20) Could the completed project result in a generation of significant amounts of noise? (21) Could the construction of the project result in a generation of significant amounts of dust?. ' (22) Could the completed project result in a generation of significant ~ amounts of dust? (23) Will the project involve the burning of brush, trees or construc- ~ ~ tion materials? ~ (24) Could the project result in a signifi.cant change in the quality of any portion of the City's.or region's air or water resources . whether they be surface, ground water or off-shore? (2S) ~Will.;:he project do irrevocable harm to the aesthetic amenities • in an area? -16- (26) Will the project.overburden existing public utilities and ~ sanitati.on facilities, ~rater .su~ply, waste disposal arid storm drainage.. ~ ~ . . ~ (27) Will the project create substantial alterati.on of the physical, . chemi.cal ~and biological properties of the air, water, or land in the community in a manner contrazy to the promotion of the health, safety or welfare of a substantial number .of persons . or to the balance of ecological resource? ~ (28) Will the project breach any published national, state or local standards relating to solid waste or litter control? (29) Wi11 the~project involve construction of facilities caithin an ~ area of fire hazard? Secti.on 7.3 Determination of Environmental Review Committee (ERC). (a) If more than one public agency will be involved in undertaking or ~ ~ approving a project, the Environmental Review Committee shall consult ~ with all responsible agencies before completing a Negative Declaration. ~ After completing a Negative Declaration, the ERC shall forward a copy to other public agencies having jurisdiction by. law. . (b) If a determination is made that the project will not have a significant impact on the environment: . (1) The Committee shall prepare written findings not exceeding one page in length, that a Negative Declaration be filed. (2) The Negative Declaration shall be filed with the City Clerk of the City of Cupertino at least ten (10) days prior to f inal action on the project to provide an opportunity for members.of the public to.respond to the findings. Said Negative Declaration shall not exceed one page in length and contain the following ' information: ~ (a) A description of the project as proposed. (b) Include a finding that the project will not have a significant impact on the environment. (c) A brief statement of reasons to support the findings. (d) A brief statement indicating who prepared the initial study and where a copy of it may be obtained. (3) Upon filing a negative declaration with the City Clerk of the City of Cupertino, the Environmental Review Committee shall cause a ~ notice to be publish~d in a newspaper of general circulation within the City of Cupertino describing th'e project involved and stating ~ that a Negative Declaration has been filed and that no Environmental Impact Report wi11 be required for the project. Said newspaper notice ~ . shall advise that the decision not 'to require an Environmental Impact -17- Report may be.appealed in writing to the. City Council within ten (10).days of the dat~ of said newspap~r publication. ~(4) After completing the Negative Declaration and upon final action I ~ on the project, the decisionmaker shall file a Notice of Determina- tion w~th the County Clerk of Santa Clara County. Said notic~ shall contain the following information: . (a) A desFription of the project as proposed. (b)~ The decision to approve or disapprove the project. (c) The decision as to.whether~the project will have a ~ significant impact on_the environment. " (d) Whether an Environmental Impact Report has been prepared. ~ (c) If a determination is made that the project.will have a significant ' impact on the environment: ~ The Committee shall make a finding in written form identifying major areas of concern as related to the project and that it may " have a significant impact on the environment. After making the above.finding, the City Council and~Planning Commission members of the Committee shall become inactive relative to tl~e prepara- . tion of the Environmental Impact Report. ~ Section 7 4 Appeal of ERC Determination. ~ (a) A project sponsor, elected or appointed City Official and/or a member of the general public may appeal a decision by the Environmental Review Committee regarding the filing of a Negative Declaration or ~ the requirement for the preparation of an Environmental Impact Report. The appeal shall be heard by the City Council within thirty (30) days ~upon receipt of the appeal. All pending public hearings on the project shall be continued until action on :the appeal is taken by the City Council. (b) The City Council shall review the envi:ronmental documents sub mitted to and prepared by the Environmental Review Committee. The City Council ~ may : . (1) Refer the matter back to the Environmental Review Committee for additional consideration. (2) Determine that the project will not have a significant impact upon the environment and affirm the action taken by the Environ- . mental Review Committee concerning the filing of the Negative Dec].aration. ~ (3) Determine that the~project will have a significant impact and ~ order the preparation of an Environmental Impact Report. -18- . Section 8 Preparation and Review of Environmental Impact Report. ~ Section 8 1 Responsibilit.y of Environmental Review Committee(ERC). - i (a) The:preparation of the Environmental Impact Report shall be coordinated by the Environmental Review Committee,~not including the City Council . and Planning Commi.ssion members. The~ report sha11 be prepared by an Environmental Advisor, ~aho ~ may be.a City staff inember assigned to prepare the report or a consultant employed by the City. (b). The~Committee shall esCablish.a list of consultants with experience in the preparation of Environmental Impact Reports. Prior to the selection of a consultant, the Environmental Review Committee shall ask the consultant to submit a verified statement listing any prior, existing or contemplated professional relationships betiaeen con- sultant and the applicant of the project, or those in contractural relationship wa.th applicant, such as landowners or architects. (c) The Committee sha11, after consultation with the applicant, select an Environmental Advisor and collect.the appropriate fee for the prepara- ~ tion of the Environmental Impact Report. ~ . (d) The Committee shall review major areas of concern as identified in the Environmental Assessment Procedure with the Environmental Advisor prior to the preparation of the draft Environmental Impact Report. The Committee may direct the ~,nvironrnental Advisor to empiiasi~e th~ major areas of concern in the draft EIR. The Environmental Advisor may utilize segments of earlier Environmental Impact Reports to minimize redundancy if in the opinion of the Environmental Review Committee . the circumstances of the projects are essentially the same. Section 8 2 Contents of Draft Environmental Impact Report (EIR)~. (a) Description of Project The description of the project shall contain the following inf ormation. ~ (1) The precise location and boundaries of the proposed project shall . be shown on a detailed map, preferably topographic. The location of the project shall also appear on a regional map. (2) A statement of the objectives sought by the proposed project. (3) A general description of the project's technical, economic, ~ and environmental characteristics, considering the principal engineering proposals. ~ (b) Description ~of ~Environmental Setting Include a description of the environment in the vici.nity of the project, as it e~:ists before commencement of the project, from both a local and regional perspective. Discuss environmental resources that are rare ~ -19- or unique to that region. Reference to related projects (public and private, existent and planned) in the region shall also be included for purposes o£ examining the possible cumulative impact of such projects. ~ _ (c) Environmental Impact The~following subjects shall be discussed, preferably in separate , sections or paragraphs, unless the Environmental Review Committee determines that the subject is appropriately considered in the com- . prehensive General Plan in which event appropriate references thereto shall be made. (1) The Environmental Impact of the Proposed~Action: Describe the direct and indirect impacts of the project on the ~ environment, giving due consideration to both the short-term and long-term effects. . Include specifics of the area, the resources involved, physical changes, alterations to ecological systems and changes induced in population distribution, population concentration, the human ~ use of the land (including commercial.and residential develop- . ~ ment)~ and other aspects of the~ resource base such as water, .scenic quality and public services. (2) Any Adverse Environmental Effects which Cannot be Avoided if the Proposal is Implemented: Describe any adverse imnacts, including those which can be , reduced to an insignificant level but not eliminated. Where there are impacts that connot be alleviated without imposing ~ an alternative design, their implications and reasons why the project is being proposed, notwithstanding their effect, shall be described. Describe impacts on any aesthetically valuable ~ ' surroundings, or on human health. ~ (3) P~itigation Measures Proposed to Minimize the Impact: , Describe avoidable adverse impacts including inefficient and unnecessary consumption of energy, and the measures proposed t~o minimize these impacts. This discussion shall include an identification of the acceptable levels to which such impacts ~ will be reduced, and the basis upon which such levels were identified. Where alternative measures are available to mitigate an impact, each should be discussed and the basis for selecting one alternative should be identified. ~nergy conservation m~asures, as well as other appropriate mitigation . measures, shall be discussed. ~ . (4) Alternatives to the Proposed Action: , Describe reasonable alternatives to the project, or to the location , of the'project, which could feasibly attain the.basic objectives of . -20- ~ the~project, and why they were rejected in favor of the ultimate choic~. Th~ speci.fic alternative of "no project" must also be ~ evaluated~, along with the impact. Descri.be alternatives capable of substantially reducing or el~minating any. environmentally adverse impacts, even i£ these alternatives substantially impede the attainment of the project objectives~, and are more costly. (5) The~~RelatioriSHip Betiaeeri I:ocal ~Short=Term Uses of Man's Environ- ment 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. Discuss i.mpacts wfi ich 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 applicant to be justified now, rather than reserving~an option for.further alternatives, shall be explained. (6) An Irreversible ~nvironmental Changes~Which Would Be Involved in the Proposed Action Should It Be Implemented: ~ : Irretrievable commitments of resources shall be evaluated to assure that such current consumption is justified. (7) The Growth-Inducing Impact of the Proposed Action: . Discuss the ways in which the proposed project could foster economic or p~pulatior? growth, either dir~ctly or ir.directly, in the sur- ~ rounding environment. Included in this are projects which would remove obstacles to population gro~oth (a major expansi~n of a waste water treatment plant might, for example, allow for more con- struction 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. ~ (d) Organizations and.Persons Consulted • The identity of all federal, state or local agencies, other organizations and private individuals consulted in preparing the Environmental Impact Report, and the identity of the persons,,firm or agency preparing the Environmental Impact Report, by contract or other authorization must be given. • . (e) Water Quality Aspects ' Describe.in the environmental setting section, and other sections whe~e applicaUl~, water quality aspects of the proposed project which have been previously certified by the appropriate state or interstate organization as being in substantial compliance with applicable water quality standards. , . ' -21- ~ (f) Depending upon the intensity and scope of the project, the Environ- mental Review Committee niay direct the Environmental Advisor to . ~ prepare.an economic segment.of the~Environmental Impact Report which ~ ~ may consider on~ or more of the following as deemed appropriate: (1) T::e~ approximate number and types of ~ jobs~ to be created d~irectly . ~ and indirectly.by the project, including the number and types of perinanent jobs to be created and the impact of the proposed project on unemployment.and underemployment. (2) The~impact of~the proj.ect on the local tax base and the genera- . tion of state and local,sales tax and other tax revenues. ~ (3) The impact of the project on retail and wholesale sales, business and personal services, suppliers, manufacturers, and related business. ~ (4) The economic impact of the project on minority groups, if any, and whether the project may ameliorate poverty and improve the living conditions of residents of the geographic area affected. • _ (5) The economic consequences of nonadoption of the proposed project. (6) Alternatives, if any, to the proposed project. ~ (7) Any adverse economic effects which cannot be avoided if the project is implemented. ' ' (8) The impact of the project on purchasing power, per capita income, and other economic indicators of the state, region, l~cal area, and community's well-being. ~ (9) The short-term and long-term costs of the governmental services, . which will be required as a result of the project. ~ (g) ~When deemed appropriate by the Environmental Review Committee, the ~ . ' Environmental Impact Report shall evaluate the relationship of the project to existing and proposed public~and private transportation • f acilities and plans. Section 8 3 Contents of Final ~nvironmental Impact Report. ~ (a) . The final Environmental Impact Report shall consist of the draft ~ Environmental Impact Report containing all of the various elements described in Section 8.2 above. (b) An additional section shall_be provided containing the comments ' received during the review and consultation process from the general public and other public agencies having jurisdiction by.law with ~ respect to the project. Said comments may be set forth either . verbatim or in summary form. (c) A list of persons, organizations and public agencies commenting on the draft EIR. . ~ -22- (d) The City shall respond to.the comments received either by revision of the draft Environmental Impact.Report or by an attachment to the dzaft Environmental Impact Feport.. The response shall describe the disposition of the significant environmental issues raised during the ~ review and consultation process. ~ Section 8.4 Review of~Environmental Impact Reports (EIR). , ' (a) Upon completion of the~draft Environmental Impact Report, and prior to sending copies of the report out for revie~a, the Environmental Review Committee sh all cause a notice to be published in a newspaper of general circulation in the City of Cupertino, stating that the draft Environmental Impact Report has been completed for the project (whose name, nature and location shall be briefly described), that a copy is available at the Planning Department in City Hall and Public Library for review'and that ~oritten public comment is invited to be submitted within thirty (30) days of the publication of the ~ notice. Said notice shall be referred to as a"Notice of Completion". • ~ In addition, said Notice of Completion shall be filed with the Secretazy of the Resources Agency. The Environmental Revie~a Committee shall collect a fee from the applicant to defray the costs incurred by the publishing of said notice. . (b) The Environmental Review Committee 'sha11~ cause the draft Environmental Impact Report to be distributed to other public agencies.~ahich have ~ jurisdiction by law with respect to the project. Said agencies shall have thirty (30) days in which to respond in writing relative to their review of the report. The draft Environmental Impact Report review period for projects requiring State review shall equal the review period provided in the appli~able State agency review period. (c) In the event any public agency or person fails to comment within the above specified time, without request for extension ot time, it shall be assumed that the agency or person has no comment. ' (d) Upon receipt of written comments, the Environmental Review Committee shall prepare a written response as follows: ~ . (1) A verbatim or summary account of the~comments. . (2) Describe the disposition of significant issues raised by the . • comments. - (3) If the Environmental Review Committee's position is at variance with recommendations and abjections raised in the comments, the response shall state reasons why specific comments and suggestions are not acceptable and what factors exist which, a.n the opinion of the Environmental Review Committee, warrant an override of the comments . . . ~ . (4) The response of the Environmental P_eview Committee shall take ~ the form of either a revision to the draft Environmental Impact Report.or o~ an attachment to the draft Environmental Impact . Report. . ' ~ -23- , . _ _ . Section 8.5 Pub lic Hearings. ~ ~ (a) Before any governmental.action~may be taken on a proj~ct which may have a significant effect on~the environment, a public hearing shall be held on the Environmental Impact Report.for the project. It is intenaed, that whenever possible, the public hearing on the~Environ- mental Impact Report ~aill be held in conjunction with, and as a part . of, any other hearing required by state or local law. . (b) Public notice shall be given by publishing a notice of the time and place of the hearing at least once in a newspaper~published and ~ ~ ~ circulated in the City of Cupertino, the first publication of which . ' ~ shall be at least ten (10) days prior to the time set for the hearing. ~ Th~ ten (10) day time period may run concurrently with the thirty (30) day period of public and agency review of the~draft Environmental Impact Report. - Section 8.6 Amendment of Project. (a) In the event the. scope and intensity of the project is altered a£ter ~ ~ completion of the clraft EIR, the staff inembers of the ERC may ~cause the environmental advisor to reassess the project to determine the applicability of the draft EIR. (b) The applicant sponsor shall be responsible for any additional costs necessary as a result of additional review of the amended project ~ or additional inforulation related to the draft EIR. ~ .Section 8.7 Action of llecisionmaker. ~ The decisionmaker, at the~publi~c hearing, shall review and consider the contents of the final Environmental Impact Report when making its decision • on the project and sha11 determine whether the project will or will not ~ ~ have a significant impact on the environment. Upon close of the public ' hearing, the decisionmaker shall certify that the final Environmental Impact Report has been completed in compliance with the CEQA and the State Guidelines, and that the decisionmaker has reviewed and considered the information con- tained in the Environmental Impact Report. ~ Upon the final approval or disapproval of the project, the decisionmaker shall file.a Notice of Determination with the County Clerk of Santa Clara County. Said notice shall contain the following information: (a) A description of the project as proposed. (b) The decision to approve or disapprove the project. ~ (c) The decision as to whether the project will have a significant impact on the environment. ~ (d) Whether an Environmental Impact Report has been prepared. ~ . (e) A statement,of any overriding considerations (optional). ~ . -24- .