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CC Resolution No. 4366 , ~ ~ i RESOLUTION rIO. 4366 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING THE ENVIP.ONMENTAL ASSESSMENT PROCEDURE AS ORIG- , INALLY ADOPTED ON P4ARCH 27, 1973, AND AMENDED ON MAR.CH 4, 1974 and DECEMBEP. 28, 1976 WHEREAS, the Office of the 5ecretary for Resources of California held hearings to consider amendments to the State Environmental Assessment Guide- lines; and WHEREAS, after said public hearings, the Secretary of the State Depart- ment of Resources has officially amended State Guidelines and forwarded those amended guidelines to local jurisdictions 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; PdOW, 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 ~~day of Januarv , 1977, by the following vote: Vote Members of the City Council AYES: Jackson, Nellis, 0'Keefe, Meyers NOES: None ABSENT: Frolich ABSTAIN: None APPROVED: /s/ Rob.ert W. Meyers Mayor, City of Cupertino ATTEST: /s/ Wm. E. Ryder City Clerk . ? ~ ~ , Resolution No . "4366_ ~ Exhibit A ~ ~ CITY OF CUPERTINO 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 ~(CEQA). The provisions set forth herein shall be construed in accordance with CEQA and any interpretations thereof by a competent tribunal. Nothing herein shall preclude the City from taking such~other action in respect to ~ projects as is deemed necessary by the City to obtain f ull compliance by ~the City 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 determined by reference 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 California Public Resources Code, as it may be amended.from time to time, and any regula- tions adopted pursuant thereto. Section 2.4 Decisionmaker. The term "decisionmaker" shall mean any agency, official, or employee of the City who is authorized to take a gove mmental action on a project, including but not limited to the City Council and the Planning Commission. Section 2.5 EmerQencv. 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 Discretionarv Pro_iect. 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 dis ringuished from situations where the decisionmaker merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. -1- ~ Section 2.7 Environment. The term "environment" shall mean the physical ~ conditions which exist within the area which 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, comprising 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) ~e 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 consultants employed by the City to assist in the preparation of envi.ronmental impact reports, or to a City staff inember or members assigned to prepare the Environmental 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.I.2 Environmental Review Committee (ERC). The phrase "Environmental Review Committee" refers to a committee composed of one City Councilman, one . Planning Co~issioner, the City Manager, the Director of Public Works, 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, permi.t, 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 makes 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 given facts without regard to his own judgment or opinion concerning 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 would not have 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 Determination" shall mean a brief notice to be filed by the City when it approv.es 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 2.18 Project. The term "project" means the whole of an action, which ~ has a potential for physical impact on the environment, 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 activi.ty undertaken by a person, other than the City, which is supported in whole or in part through contracts, grants, subsidies, loans, or other forms of assistance from the City. (c) An activity involving the issuance to a person by the City, of a lease, permit, license, certificate, or other entitlement for use. Section 2..19 Si~nificant 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. Section 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 thes~ provisions or of the Envi.ronmental Quality Act of 1970. Any past goveriimental action by the City on the following 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 was substantial compliance with 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 wfiich the.environmental impact was considered by the City even though there was no~Environmental 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 (ERC). The City Council hereby establishes the Environmental Review Committee composed of one City Councilman, one Planning Commi.ssioner, 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 Co~ission members of the committee shall become inactive relative to the preparation of the Environmental Impact Report. Section 3.4 Fees. (a) Preliminary environmental ass~essment. There shall be no fee for a preliminary environmental assessment; provided, however, that the costs of making 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 the 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. , -5- (d) Cost of Publishing Notices. A fee shall.b~.collected to defray 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 given in conjunction , with another hearing required as a part of the normal planning process. (e) Cost of Environmental Documents to the General Public. A fee shall be collected from memb.ers 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 comments for the record thereof by the public or by a governmental agency specifically . on the environmental characteristics of` a discretionar.y 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 Citq 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 Co~encement 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 Environmental Quality Act of 1970 shall be commenced 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 within 180 days of ~ the City's decision to carry out or approve the project or, if a project is undertaken without a formal decision by the City, within . 180 days after co~nencement 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 Co~nencement of Actions above identifying the project shall be filed con- currently with the initial ple ading in such action or proceeding. Section 3.9 Filing of Notices . The. Direc.tor of Planning shall file any notices required by the Environmental Quality Act of 1970. ' -6- ~ Section 4 Ministerial ~rojects. 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 project, the question shall be referred to the City Attomey for his ruling as .to wh.ether or not, under state and local law, the project is or is not • a ministerial project. ~ _ - 7- Section S Categorical Exemption. Section 5.1 Developme.nt by Director of Planning. The Director of Planning shall develop a list of classes of projects which shall be.granted categorical exemp tions . Section 5:2 .Adoption 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 will not have a significant . effect on the environment. No environmental assessment or environmental impact report is required for such a project. Section 5.4 Criteria for Granting a Class of Proiects a Categorical Exemption. (a) The following classes of activities shall be granted categorical exemp- tions from the Environmental Impact Procedure, provided that no change in use, occupancy or zoning on the site is involved. Criteria for granting a class of projects~a categorical exemption are: The projects within the class occur f requently. (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 taking 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) Disturbance 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 5.5 Class l: Existing Facilities. Class 1 consists of the opera- ~ tion, repair,.maintenance or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of us~ 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 fihe addition will not result in an increase of more than 50% 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 mechanical equipment, 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-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 f.ish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamf lows, springs and waterholes, and stream channels (clearing of deb ris) 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. ~ (1) Demolition and removal of buildings and related structures except where they are of historical, 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: New 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 dwelling units if not in conjunction with the building of two or more such structures. ~ (c) Stores, offices, and restaurants if designed for an occupant load of 20 persons or less, if not in conj.unction with the building of two or more such structures. ~ (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. (f) Subdivision direction signs. Section 5:8 Class 4: Minor Alterations to Land. Class 4 consists of minor public or private alterations in the condition 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 compatible with the natural features of the site. -10- ' (d) Minor alterations in land, water and vegetation on existing officially designated wildlife management areas of fish production facilities which result in improvement 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 limitations, 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 Regulatorv 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 b Regulato A~encies 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 procedures 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 inspectior. for possible mislabeling, misrepresentation or adulteration of products. Section 5.14 Class 10: Accessorv Structures. Class 10 consists of construc- tion, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional faci,lities, including but not limited to: (a) On-premise.signs. (b) Small parking lots. -11- ' Section 5.15. Class 11: Surplus Government Propertv Sales. Class 11 consists of sales of surplus government property except for parcels of land. Section 5:I6 C1ass I2: Emergericy. Class i2 consists of activities limited to the amelioration of an eme,rgency including b ut not limited to: ~ (a) Projects undertaken, carried out, or approved by a pub lic agency to maintain, rep air, restore, demolish or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7(commencing with Section 8550) of Division 1, Title 2 of the Govemment Code. - (b) Emergency repairs to public service facilities necessary to maintain service. (c) Projects undertaken as immediate action necessary to prevent or mitigate an emergency. Section 5.17 Class 13: Acti~ities Not Substantiall Affecting the Environment. Class 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 environment. CAVEAT While the categorical exemptions listed above contain classes or examples of projects which in many cases may be 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 ].isted herein.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 b • Initial Study. Section 6.1 Data from Applicant. The city official, who receives a project for processing, may require the applicant to proyide all or any part of the base information on the project necessaYy for a preliminary environmental assessment of the,project. Section 6:2 Findings 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 determines that the project qualifies for a categorical exemption, he shall . record his finding in writing. If he deterinines 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 Co~ittee (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, tentative 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 Review Committee for final approval. . -13- - Section 7 Environmental Assessment Procedure. Section 7.1 Referral to Environmental Review Committee (ERC). Upon determina- tion that a project is not categorically exempt f rom the requirement of the Environmental Quality Act of 1970,.the applicant shall prepare the Environ- mental Assessment Worksheet, which may be obtained at the Planning Department office. Upon completion of said worksheet, the matter shall be referred to the Environmental Review Committee. Within fifteen (15) days of the referral date, the Environmental Review Committee shall prepare a written finding as to whether or not the project may fiave a significant effect on the environ- ment. Section 7.2 Evaluation of Project by Environmental Review Committee (ERC). (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 secondaxy consequences. (1) Primary consequences are i~ediately 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 f rom 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 substantial detrimental effect on air or water 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) Cou~d cause substantial flooding, erosion or siltation. (8) Is subject 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 following 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 wiiich 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 we11 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 considerable. However, this mandatory finding,of significance does not apply to two or more separate projects where the impact of each is insignificant. . (4) The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. (d) The Committee shall be guided by the.follawing questions as a further aid in determining the significance of a project. (1) Does the comprehensive General Plan appropriately consider the proposed pro~ect as related to major conce ms 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) Will 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 pro~ect result in the displacement of any community residence? (7) Are any of the natural or man-made features in the project area unique, that is, not f ound in ott3et parts of the county, state or nation? (8) Does the project significantly affect a known historical or archeological site or its settings? -15- - . , , (9) Does the project significantly affect the potential use extraction or conservation of a scarce natural resource? (10) Does the project area serve as a habitat, food source, nesting place, source of water, etc., for rural or endangered wildlife or fish species? (11) Does the project significantly affect fish, wildlife, or plant lif e? (12) Are there any rare or endangered plant species in the project area? (I3) Does the project result in erosion of outside property? (14) Does the project require a variance f-rom 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 feder.al environmental control agency? - (16) Will the project require issuance of a variance or conditional use permit? (I7) Will the project involve the application, use or disposal of hazardous materials? (18) Will the project involve construction of facilities in flood plain? (19) Will the project involve construction of f acilities in the area of a knawn 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) Wil:l.the project involve the burning of brush, trees or construc- tion materials? (24) Could the project result in a significant 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 the project do irrevocable harm to the aesthetic amenities in an area? -16- (26) Will the project.overburden existing public utilities and sanitation facilities, water.supply, waste disposal and storm drainage. (27) Will the project create substantial alteration of the physical, chemical and biological properties of the air, water, or land in the community in a manner contrary 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) Will the project involve construction of facilities within an area of fire hazard? ~ Sect~on 7.3 Determination of Environmental Review Committee (ERC). (a) If more than one public agency wiTl be involved in undertaking or ~ approving a project, the Environmental Review Committee shall consult with all responsible agencies before com~leting 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 envi.ronmenf : , . (1) The Co~ittee 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 CZerk of the City of,Cupertino at least.ten (10) days prior to final~ 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 con.tain the following information: (a) A description of the. project as proposed. (b)1 Include a finding that the project will not hav.e a significant i~act 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.published in a newspaper of general circulation within the City- of Cupertino describing the project involved and stating that a Negative Declaration has been filed.and~~that no Environmental Impact Report will be required for the project. Said newspaper notice shall advise that the ciecision.~not 'to require an Environmental Impact ~ -17- . Report may be.appealed in writing ~o the City Council within ten (10).days.of the.date.of said newspaper publication. (4) After completing the Negative Declaration and upon final action on the project, the decisionmaker shall file a Notice of Determina- ~ tion w~th the County Clerk of Santa Clara County. Said notice shall contain the following inf ormation: - (a) A des~ription 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 writ.ten 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 the 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 Co~ittee regarding the fiTing 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 enuironmental documents sub mitted to and prepared by the Environmental Review Committee. The City Council ~y : , (T) Refer the matter b ack 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 Declaration. (3) Determine that the project wi1:1 have a significant impact and order:the preparation of an Environmental Impact Report. -18- Section 8 Preparation and Revie~ of Environmental Impact Report. ~ Section 8.1 Responsibility of Environmental Review Committee(ERC). (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 r~port shall be prepared by.an Environmental Advisor, who may be.a City staff inember assigned~to prepare the report or a consultant.employed by the City. ' (b) The Co~ittee shall establish 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 subniit a verified statement listing any prior, existing or contemplated professional relationships between con- sultant and the applicant of the project, or those in contractural relationship with applicant, such as landowners or architects. (c) The Committee shall, after consultation wi.th 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 Environmental Advisor to emphasize the 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 Prolect The description of the project shall contain the following information. (1) The precise~location and boundaries of the proposed pro~ect 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, economi.c, ~ and environmental characteristics, considering the principal ~ engineering proposals. (b) Description of Environmental S~tting Include a description of the environment in the-~vicinity of the project, as it exists before co~ncement 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 of 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 Co~nittee determines that the subject is appropriately considered in the com- prehensive General Plan in which event appropriate references thereto shall be made. Subsections (5) and (6) need be included only in EIRs prepared in connection with the adoption, amendment, or enactment o a plan, policy, or or inance. ~ (1) The Environmental Impact of the Proposed Action: Describe the direct and indirect impacts of the pro~ect 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 impacts, 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) Mitigation Measures Proposed to Minimize the Impact: Describe avoidable adverse impacts including inefficient and unnecessary consumption of energy, and the measures proposed to 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 altemative should be identified. Energy conservation measures, as well as other appropriate mitigation . measures, shall be discussed. (4) Alternatives to the Proposed Action: Describe reasonable al.ternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of -za the.project, and why.they were rejected in favor.of the ultimate ~ choice. The speci,fic alternative o.f "no project" must also be evaluated, along with the impact. Descra.be alternatives capable of suhstantially reducing or eli,minating any environmentally ~ adverse im~pacts, even i.f th.ese alternatives substantially impede the attainment of the project objectives, and are more costly. (5) The RelationSliip Between I:ocal Short=Term Uses of Man's Environ- ment and the Maintenance and Enhancement of Long-Term Productivity: Describe the cumulative and long-ter~ effects of the proposed ' pro~ect which adversely affect the state of the environment. Discuss impacts wfiich 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) Any Irreversib le Environmental Changes Which Would Be Involved in the Proposed Action 3hould 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 population growth, either di.rectly or indirectly, in the sur- rounding 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 con- struction in service areas). Increases in the population may further tax existing community service facilities so consideration must be given to this imp.act. 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 Qual,ity Aspects Describe.in the environmental setting section, and.other sections where applicable, 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 Co~nittee.may direct the Environmental Advisor to prepare an economic seginent,of~the Environmental Impact Report which may consi.der one or more of the following as deemed appropriate: ~ (1) The approximate number and types of jobs to be created directly and indirectly by the project, including the number and types of permanent jobs to be creat~d and the impact of the proposed project on unemployment and underemployment. (2) The impact of the project 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 eaonomic.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. (S) The economic consequences of nonadoption of tlze 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, local area, and community's well-being. ~ (9) The short-term and long-term co~ts of the governmental services, which wi~l be required~ as a result of _ the project. (g) When deemed appropriate by the Environmental Review Co~ittee, the Environmental Impact Report shall evaluate the relationship of the project to existing and proposed public and private transportation facilities and plans . Section 8.3 Contents of Final Environmental 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 publ3c 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 draft Environmental Impact.Report. The response shall describe the disposition of the signi.~icant 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 review, the Environmental Review Committee siiall cause a notice to be published in a newspaper of general cixculation 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 Depart~nt in City Hall and Public Library for review and that written public co~ent 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 Secietary of the Resources Agency. The Environmental Review Committee shall collect a fee from the applicant to defray the costs incurred by the publishing of said notice.., (b) The Environmental Review Committee shall cause the draft Environmental ~ Impact Report to be distributed to other public agencies which 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 Environmen~al Impact Report review period for projects requiring State review shall equal the review period provided in the applicable State agency review period. (c) In the event any public agency or person fails to co~ent within the above specified time, without request for extension of time, it shall be assumed that the agency or person has~no co~ent. (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 objections raised in the comments, the response shall state reasons why specific comments and suggestions are not acceptable and what factors exist which, in the opinion of the Environmental Review Committee, warrant an override of the comments. ~ . (4) The response of the Environmental Review Co~ittee shall take the form of eithei a revision to the draft Environmental Impact Report or of an attachment to the draft Environmental Impact Report. -23- . ~ . ~ , ~ • Section 8.S ~Public Hearings. . (a) Before aay governmental.action may.be.taken on a pro~ect which may have a significant effect on~the environment, a public hearing shall be.held on the Enviromnental Impact Report for. the project. It is intended, that whenever possible, the pub.lic hearing on the Environ- mental Impact Report~will be held in conjunction with, and as a part of, any othei hearing required by state or local law. (b) Public notice shall be given by publishing a notice of the time and place of the heariag at least once in a newspaper published and circulated ia the City of Cupertino, the first publication of which sha7.l be at least ten (10) days prior to the time set for the hearing. The 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 after completion of the draft EIR, the staff ~mbers of the ERC may ~cause • the environmental advisor to reassess the project to determine the applicability of the draf t EIR. (b) The applicant sponsor shall be responsib le for any additional costs necessary as a result of additional review of the amended pro~ect or additional information related to the draft EIR. Section 8.7 Action of Decisionmaker. ' The decisionmaker, at the public hearing, shall review and consider the contents of the final Environmental Impact Report when making its decision on the project and shall determine whether the project will or will not h ave a significant impact on the environment. Upon close of the public hearing,.the decisionmaker shall certify that the final~Environmeatal Impact Report has been completed in compliance with the CEQA and the State Guidelines, and that the decisionmaker h as reviewed and considered the information con- tained in the Environmental Impact Report. . _ The decisionmaker shall not approve or carry out a project for which ~ an environmental impact report has been completed whic identi ies one or more signi icant e ects o t e project un ess t e ecis on- ma er makes one or more o t e o ow ng written n ings or eac of those si:gnificant effects, accompanie y a statement o t e acts supporting each.finding. (1) Changes or alterations have been required in, or incorporated into, ~ the project which mitigate or avoi the significant environmenta effects thereof as identifie n the final EIR. (2) Such changes or alternations are within the responsibility and jurisdiction of another public agency and not the agencq ma ing the finding. Such changes have been adopted by suc ot er agency or can and should be adopte by such other agency. ~ ~ (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project a tematives i ent ie in t e final EIR: -24-~ ~ ~ . The findint~s shall be supported by substantial evidence in the record. The finding in subsection (2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible miti~ation measures_or alternatives. Upon the final approval or disapproval of the pro~ect, the decision- maker 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 eny-everr~~fag-eeaa#~ere~teaa-~ep~gena~} written findings ' ~ complying with Section 15088 of Title 14 of the California Administrative Code. ~ -25-