HomeMy WebLinkAboutTC Res 1991-02-06
RESOLUTION NO. 2761
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON ADOPTING
UPDATED LOCAL ENVIRONMENTAL REVIEW
GUIDELINES AND SUPERSEDING ALL
PREVIOUS LOCAL ENVIRONMENTAL GUIDELINES
WHEREAS, the Town of Tiburon has adopted local environmental review
guidelines pursuant to Section 15022 of the State CEQA Guidelines, said local
guidelines having been most recently amended in 1978 by adoption of Resolution No.
993; and
WHEREAS, it has been determined that the Town's local environmental review
guidelines are in need of updating to reflect changes in the law since 1978; and
WHEREAS, the Planning Commission has reviewed the draft updated local
environmental review guidelines prepared by Planning Department StafT and has
recommended approval by the adoption of Resolution No. 91-2 on January 9, 1991.
NOW, THEREFORE, the Town Council hereby adopts revised "Town of Tiburon
Environmental Review Guidelines", attached to and made a part of this Resolution.
Town Council Resolution No. 993 (the previous Town Environmental Review Guidelines)
is hereby superseded.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon held on February 6, 1991, by the following vote:
AYES:
COUNCILMEMBERS: Coxhead, Thayer, Kuhn
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Logan, Friedman
ATTEST:
1
TABLE OF CONTENTS
GUIDELINES
PAGE
I.
General Information
. . . . . . . . .
1
A.
B.
C.
Application
Policy . .
Fees . . .
. . . . . . .
1
1
2
II. Definitions
. . . . . . . . . . . . . .
3
III. Environmental Documents and Procedures .
6
A. Preliminary Review . . . . .. ........ 6
B. Review for Exemption . . . .. ........ 6
C. Initial study . . . . . . .. ........ 7
D. Determining Significant Effect . ....... 8
E. Negative Declaration Process . . . . .. ... 9
F. Environmental Impact Report Process . . . . . . . 13
G. Mitigation Monitoring Program . . . . . . . . . . 20
APPENDICES
A. Ministerially Exempt Projects . . .. . 21
B. Categorically Exempt Projects . . . . . . . . . . . . 22
C. Notice of Completion Form . . . . . . . . 24
D. Notice of Determination Form . . . . . . . . . . . 27.
E. Notice of Exemption . . . . . . . . . . . . . . . . . 28
F. Environmental Data Submission . . . . . . . . . . 29
G. Environmental Checklist . . . . . . . . . . . . . . . 34
H. Procedures for EIR Preparation for the Town of Tiburon 43
I. Resolution Certifying Completion of EIR's . . . . 46
J. Notice of Preparation Form . . . . . . . . . . . . . . 47
K. Notice of Preparation of a Negative Declaration .. 48
L. Notice of Initial Study . . . . . . . . . . . 49
M. CEQA Process Flow Chart . . . . . . . . . . . . . 50
N. Mitigation Monitoring Checklist . . . . . . . . . . . 51
I. GENERAL INFORMATION
A. ADDlication
1. These guidelines are applicable to any public or
private project subject to a permit or approval from
the Town of Tiburon. They are consistent with the
state of California Resources Agency Guidelines for
Implementation of the California Environmental
Quality Act (CEQA).
2. The Town of Tiburon hereby incorporates by reference
the state CEQA Guidelines prescribed by the
Secretary for Resources as most recently amended.
3. These guidelines set forth definitions, procedures
and criteria to be used by the Town of Tiburon in
implementation of the California Environmental
Quality Act of 1970 (Public Resources Code, sections
21000 et. seq.) and may be cited as the "Town of
Tiburon Environmental Review Guidelines." These
Guidelines contain only those provisions which are
necessary to tailor the general provisions of the
State CEQA Guidelines to the specific operation of
the Town of Tiburon (15022 [d)) . section numbers
contained in parentheses refer to sections of the
State CEQA Guidelines which relate to local
provisions. )
B. Policy
1. CEQA establishes a duty for public agencies to avoid
or minimize environmental damage where feasible.
a. In regulating public or private activities,
agencies are required to give major consid-
eration to preventing environmental damage.
b. A public agency should not approve a project as
proposed if there are feasible alterations or
mitigation measures available that would
substantially lessen any significant effects
that the project would have on the environment.
2. In deciding whether changes in a project are
feasible, an agency may consider specific economic,
environmental, legal, social and technological
factors.
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
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3. The duty to prevent or m1n1m1ze environmental damage
is implemented through the findings required by
section III F7 of the Tiburon Environmental Review
Guidelines (15091).
4. CEQA recognizes that in determining whether and how
a project should be approved, a public agency has an
obligation to balance a variety of public
objectives, including economic, environmental and
social factors and, in particular, the goal of
providing a decent home and satisfying living
environment for every Californian. An agency shall
prepare a statement of overriding considerations
(15093) to reflect the ultimate balancing of
competing public objectives when the agency decides
to approve a project that will cause one or more
significant effects on the environment.
5. The Town of Tiburon encourages the preparation of
environmental documents early in the planning
process to promote environmentally sound design and
to allow early recognition of environmental
constraints and opportunities. The Town
specifically encourages project applicants to
consult with staff prior to formal submission of
plans. To the extent feasible, environmental review
procedures shall be integrated with other project
approval procedures to avoid excessive delays.
C. Fees
The Town of Tiburon will charge and collect reasonable
fees (to be approved by the Town Council) to recover costs
incurred by the Town in preparing environmental documents
not covered in contractual agreements with consultants as
follows:
1. A fee to recover costs of preparation of the Initial
study (and Negative Declaration where one is
issued).
2. A fixed fee to recover costs of processing appeals.
3. A fee to recover costs of implementing the
Mitigation Monitoring Program.
4. In addition, the Department of Community Development
shall charge and collect a fee from members of the
public for the actual cost of reproducing a copy of
an environmental document requested by the member of
the public after the initial number of copies
provided in EIR contract have been distributed.
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
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II. DEFINITIONS
section numbers in parentheses refer to definitions in the
State CEQA Guidelines incorporated by reference.
A. Words/Terms Beainnina with "A"
Applicant (15351)
Approval (15352)
C. Words/Terms Beainnina with "c"
California Environmental Quality Act (CEQA) (15343)
Categorical Exemption (15354) (A list of projects
considered categorically exempt is included in Appendix
A. )
Cumulative Impacts (15355)
D. Words/Terms Beainning with "D"
Decision-making Body (15356)
Discretionary Project (15357)
E. Words/Terms Beainnina with "E"
,
Effects (15358)
Emergency Project (15359)
Environment (15360)
Environmental Checklist An inclusive list of
environmental effects used as a format for findings of
significance, or insignificance which is included in the
Initial study for use by the Environmental Coordinator for
a determination of whether or not an EIR is required (see
Appendix G for format).
Environmental Coordinator - The person appointed by the
Community Development Director for the purpose of
evaluating the Initial study so as to determine whether or
not a project will have a significant effect on the
environment and whether or not an EIR must be prepared.
In the absence of the Environmental Coordinator, or when
the Environmental Coordinator will act on the project in
another capacity, an alternate Environmental Coordinator,
as appointed by the Community Development Director, shall
evaluate the Initial study.
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Environmental Data Submission - Information submitted by
the project applicant describing the nature of the project
and the changes it could produce in the environment to be
used as the basis for preparation of the Environmental
Checklist. (The format of the Environmental Data
Submission is provided in Appendix F.)
Environmental Documents (15361)
Environmental Impact Report (EIR) (15362)
Environmental Impact statement (15363)
F. Words/Terms Beainnina with "F"
Feasible (15364)
I. Words/Terms Beainnina with "I"
Initial Study - A preliminary environmental analysis
consisting of the Environmental Data Submission and the
Environmental Checklist, to be used by the Environmental
Coordinator to determine whether an EIR of a Negative
Declaration must be prepared or to identify significant
environmental effects to be analyzed in an EIR.
J. Words/Terms Beainnina with "J"
,
Justification by Law (15366)
L. Words/Terms Beainnina with "L"
Lead Agency (15367)
Lead Town Department - A Town department which has the
responsibility for carrying out a public project or
recommending approval of a private project.
Local Agency (15368)
N. Words/Terms Beainnina with "N"
Negative Declaration (15371)
Notice of Completion (15372)
format. )
(See Appendix C for
Notice of Determination (15373) - (See Appendix D for
format. )
Notice of Exemption (15374) - (See Appendix E for format)
Notice of Preparation (15375) -(See Appendix K.)
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
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P. Words/Terms Beainnina with "P"
Person (15376)
Private Project (15377)
Project (15378)
Public Agency (15379)
R. Words/Terms Beainnina with "R"
Rare or Endangered Species (15380)
Responsible Agency (15381)
s. Words/Terms Beainnina with "S"
Shall or Must - Identifies a mandatory statement which
agencies and applicants are required to follow.
Significant Effect on the Environment (15382)
State Agency (15383)
Substantial Evidence (15384)
T. Words/Terms Beainnina with "T"
Tiering (15385)
Trustee Agency (15386)
U. Words/Terms Beainnina with "U"
Urbanized Area (15387)
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
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III. ENVIRONMENTAL DOCUMENTS AND PROCEDURES
A. Preliminary Review (15060)
1. When the Town receives applications for permits or
other entitlements they are reviewed for
completeness. During this review, the Town will
examine the project for environmental issues that
might require the preparation of an EIR or
additional explanation by the applicant. Request
for additional explanation may be made as part of
the review for completeness.
2. The Town shall begin the formal environmental
evaluation of the project after accepting an
application as complete and determining that the
project is subject to CEQA. Accepting an
application as complete does not limit the authority
of the Town to require the applicant to submit
additional information needed for environmental
evaluation of the project.
B. Review for ExemDtion (15061)
1. As part of the preliminary review of a project,
the Town shall determine whether a particular
activity is exempt from CEQA.
2. possible exemptions from CEQA include:
a. The activity is not a project as defined
in section 15378 of the State CEQA
Guidelines.
b. The project has been exempted by statute,
including but not limited to ministerial
and emergency proj ects (see Article 18,
commencing with section 15260 of the State
CEQA Guidelines, and Appendix A of these
Guidelines) or by categorical exemption
(see Article 19, commencing with section
15300 of the State CEQA Guidelines, and
Appendix B of these Guidelines).
c. The activity is covered by the general
rule that CEQA applies only to projects
which have the potential for causing a
significant effect on the environment.
Where it can be seen with certainty that
there is no possibility that the activity
may have a significant effect on the
environment, it is not subject to CEQA.
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
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3. If the Town determines that a project is
exempt, the Town or the applicant may file a
Notice of Exemption after the project is
approved as provided in Section 15062 of the
State CEQA Guidelines. The format for this
Notice is contained in Appendix E.
C. Initial Study (15063)
1. If a project is not exempt, the Town shall
conduct an Initial study to determine if the
project may have a significant effect on the
environment. If the Town can determine that an
EIR will clearly be required for the project,
an Initial study may not be required by the
Environmental Coordinator. All phases of
project planning, implementation and operation
must be considered in the Initial study.
2. The applicant shall provide an Environmental
Data Submission including a description of the
project and a brief statement of expected
environmental consequences. The format for
this information is contained in Appendix F.
The applicant may also submit any additional
information to aid in the determination of
environmental impacts. The Environmental
Coordinator may request, and the applicant
shall provide, any additional information
needed to prepare adequate environmental
documents. Such information may be necessary
and required after the application has been
accepted as complete.
3 . Based upon the Environmental Data Submission
and other data which may be available, the
staff member assigned to the project will
complete the Environmental Checklist using the
form provided in Appendix G. The Environmental
Data Submission and the Environmental Checklist
comprise the Initial Study.
4. As soon as it is determined that an Initial
study will be required, the Town shall consult
informally with all Responsible Agencies and
Trustee Agencies responsible for areas affected
by the project to obtain their recommendations
as to whether an EIR or Negative Declaration
should be prepared. This consultation may be
by phone contact or letter.
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5. During the preparation of the Initial study,
the Town may consult with the applicant to
determine if the applicant is willing to modify
the project to reduce or avoid the significant
effects identified in the Initial study.
D. DetermininaSianificant Effect (15064)
1. On the basis of the Initial study, the
Environmental Coordinator shall determine if
the project may have significant environmental
impacts and shall enter such determination in
the space provided at the end of the
Environmental Checklist. The Environmental
Coordinator shall also determine if there are
mitigation measures which will reduce or
eliminate significant impacts.
a. The determination of significant effect on
the environment shall be based to the
extent possible on scientific and factual
data.
b. In determining whether an effect will be
adverse or beneficial, the Town shall
consider the views of the public. If
there is an anticipated substantial body
of opinion that does or will consider the
effect to be adverse, the Town shall
regard it as potentially adverse. Before
requiring an EIR, the Town shall determine
whether the environmental change may be
substantial.
c. In evaluating the significance of the
environmental effect, the Town will
consider primary and secondary or iQdirect
consequences.
d. Economic and social changes resulting from
a project shall not be treated as
significant effects on the environment.
Mitigation measures can be proposed by the
applicant, Town staff or the Environmental
Coordinator, but in all cases the applicant's
willingness to adopt them shall be set forth in
writing if they are to be considered included
in the project.
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2. When the Environmental Coordinator determines
that a project will not have a significant
effect on the environment, a Draft Negative
Declaration shall be prepared.
3. When the Environmental Coordinator determines
that there is substantial evidence that a
project may have a significant effect on the
environment, then an EIR shall be prepared.
4 . After the application has been accepted as
complete, the Environmental Coordinator shall
decide within 30 days whether an EIR or Draft
Negative Declaration shall be prepared for
review by Responsible Agencies, Trustee
Agencies, recommending and decision-making
bodies, and the public. This time limit may be
extended by the Town only with the consent of
the applicant for a maximum of 15 days. (15102)
E. Neaative Declaration Process
1. A Draft Negative Declaration shall be prepared
for a project subject to CEQA when either
(15060):
a. The Initial study shows that there is no
substantial evidence that the project may
have a significant effect on the
environment, or
b. The Initial study identified potentially
significant effects but:
1) Revisions to the project plans or
proposals made by or agreed to by the
applicant before the proposed
Negative Declaration is released for
public review would avoid the effects
or mitigate the effects to a point
where clearly no significant effects
would occur, and
2) There is no substantial evidence
before the agency that the project as
revised may have a significant effect
on the environment.
2. A Draft Negative Declaration shall consist of a
copy of the Initial study documenting the
findings of no significant impact and a
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
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description of mitigation measures, if any, and
the proposed Mitigation Monitoring Program
included in the project. (15071)
3. Notice of Draft Negative Declaration shall be
provided as follows:
a. Notice Period
1) The Notice of Draft Negative
Declaration shall specify that for
any action requiring staff approval
only, no final approval will occur
prior to the expiration of twenty-one
(21) calendar days from the date of
the Notice. If the Notice is mailed,
the 21 days shall commence as of the
date of postmark. If the Notice is
published, the 21 days shall commence
as of the date of publication. If
the Notice is posted on the project
site, the 21 days shall commence as
of the date of posting. (Format of
the Notice is provided in Appendix
K. )
2) If the proj~ct requires review by
state agenc1es through the state
Clearinghouse, no final action on the
project shall occur prior to the
expiration of 30 calendar days from
the date of the notice unless a
shorter time period is approved by
the state Clearinghouse. (15073(d))
3) Notices for items requiring public
hearings shall include notice of
hearing for both environment-al and
project review and be subject to the
same time period unless a longer
period is required by Section 2)
above. Such combined notices shall
apply to, but are not limited to.
Town Council hearings, Planning
Commission hearings, and Design
Review hearings.
b. PUblishing, Mailing and Posting of Notices
1) For projects of Town-wide
application, a notice shall be placed
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
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at least one time in a newspaper of
general circulation and shall be
posted on a public bulletin board
outside the entrance to Town Hall.
(15072);
2) For site-specific projects, a notice
shall be mailed to owners of property
within 300 feet of the project
boundaries, as such owners are shown
on the latest equalized assessment
rolls; and affected homeowners'
associations (15072);
3) For all projects, Responsible
Agencies, Trustee Agencies and every
other public agency with jurisdiction
by law over resources affected by the
project shall receive a copy of the
notice with the Draft Negative
Declaration. When one or more state
agencies will be a Responsible Agency
or a Trustee Agency, the Town shall
send copies of the Draft Negative
Declaration to the state
Clearinghouse for distribution to
state agencies (15073[b]);
4) For all projects, notice shall also
be given to all organizations and
individuals who have previously
requested such notice (15072[1]);
5) The notice shall specify that the
time period indicated is for public
comment, indicating time and place of
any scheduled public hearings or
meetings, the nature and location of
the proposed project, and address
where draft documents are available
for review.
4. The Town shall have a maximum of 105 days from
the date of acceptance of a project application
to complete a Negative Declaration, if the Town
finds the project to have no significant effect
on the environment or that potentially adverse
impacts are mitigated to a point where no
significant impacts would occur. This time
limit may be extended by the Town only with the
consent of the applicant for a maximum of an
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additional 75 days.
Completion of a Negative Declaration within a
105 day period shall include the preparation of
an Initial study, public review, and the
preparation of a document ready for approval by
the decision-making body. completion within
the 105 day period need not include the
approval of the Negative Declaration by the
decision-making body. (15107)
5. Consideration and approval of a Negative
Declaration.
a. Prior to approving a project, the
decision-making body shall consider and
approve the Negative Declaration. Where
an advisory body such as the Planning
Commission is required to make a
recommendation on a project to the
decision-making body, the advisory body
shall also review and consider the EIR or
Negative Declaration. (15074)
b. The action of the decision-making body to
approve the Negative Declaration may be
appealed to the Town Council in writing
within ten (10) calendar days of the date
of action. If the tenth day falls on a
Saturday, Sunday or holiday, the appeal
must be filed by 5 p.m. on the next work
day. .
The grounds for appeal shall be limited to
the following:
1) That it can be fairly argued on the
basis of substantial evidence that
the project may have a significant
effect on the environment.
2) That there is serious public
controversy concerning the
environmental effects on the project.
(15064 (h) (2)
If an appeal is filed, public notice shall
be handled in accordance with section
IIIE3 of these guidelines.
c. A few statutes require agencies to make
decisions on permits within time limits
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that are so short that review of the
project under CEQA would be difficult. To
enable the Town to comply with both the
permit statute and CEQA, the Town shall
deem an application for a project "not
received for filing" under the permit
statute or ordinance until such time as
progress toward completing the
environmental documentation required by
CEQA is sufficient to finish the CEQA
process within the short permit time
limit. In any case, the document shall be
completed or certified and the decision on
the application made within one year from
the date it was accepted as complete for
CEQA processing. This one year time limit
may be extended once for up to 90 days
upon consent of the Town and the
applicant.
d. After the project for which a Negative
Declaration has been prepared is approved,
the lead Town department shall prepare a
Notice of Determination as provided in
Appendix D.)
e. Should the Negative Declaration contain
conditions for mitigation of an impact,
the _ Notice of Determination shall so
indicate along with the adoption of a
mitigation monitoring program.
F. Environmental ImDact ReDort Process
1. Decision to Prepare an EIR
If the Environmental Coordinator has determined
that the project may have a significant impact
on the environment, a draft EIR shall be
prepared. If the applicant disagrees with this
determination, or wishes input from the
Planning Commission on the scope of the EIR, a
public hearing may be requested before the
Planning Commission wi th notice provided
pursuant to IIIF3 of these guidelines. A
decision by the Planning Commission to prepare
an EIR is appealable to the Town Council in the
manner prescribed for Negative Declarations.
2. Notice of Preparation
a. Immediately upon determining that an EIR
is required for a proj ect, a Notice of
Preparation (see Appendix K) for the
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project Draft EIR shall be mailed to all
property owners within 300 feet, affected
homeowners' associations, all Responsible
Agencies and to those Trustee Agencies
responsible for natural resources affected
by the project, with a copy to the state
Clearinghouse.
The Town shall make reasonable efforts to
notify other affected parties not listed
above, such as renters and leaseholders.
Copies of the Notice of Preparation shall
be sent to Responsible Agencies and
Trustee Agencies by certified mail or by
other method of transmittal which provides
a record that the notice was received.
(15082)
3. Scope of an EIR
The Town shall utilize the information
contained in the Initial study, responses to
the Notice of Preparation and any meetings held
to discuss the environmental effects of the
project when establishing the scope of an EIR.
(15082, 15083)
4. In the case of a public project, the Draft EIR
may be prepared by Town staff or an independent
consultant selected by the Town. In the case
of a private project, the draft shall 'be
prepared by an independent consultant selected
by the Town. The applicant shall be informed
by the lead Town department of procedures
involved in the selection and payment of such
consultant (see Appendix H). (15084)
5. Public Review of Draft EIR
a. Upon completion of the Draft EIR, the lead
Town department shall file a Notice of
Completion with the State Clearinghouse
(see format in Appendix C). The lead
department shall deliver copies to the
state Clearinghouse for distribution to
state agencies and shall deliver copies
directly to all other Responsible
Agencies, Trustee Agencies, or other
agencies and Town departments which
exercise authority over the resources
which may be affected by the project.
(15085, 15086) Review periods for Draft
EIR's will be not less than 30 and not
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more than 90 days from the date of public
notice.
b. Review periods for EIR's which have state
agencies as Responsible Agencies shall be
at least 45 days unless a shorter period
is approved by the state Clearinghouse.
c. The public shall be notified of the
existence of Draft EIR's and the start of
the review period at the same time as the
Notice of Completion is sent to the state
Clearinghouse by one of the following
(15087):
1) Publication of the Notice of
Completion in a newspaper of general
circulation.
2) Noticing of owners of property within
300 feet of the outside boundaries of
the project site, and affected
Homeowner's Associations.
3)
Posting of a notice on
bulletin board outside
entrance to Town Hall.
a public
the main
4) All notices shall specify the date
set for public hearing on the
adequacy of the Draft EIR.
d.
After the public review period
completed, a hearing to assess
adequacy of the Draft EIR shall
conducted by the Planning Commission.
merit hearing on the project shall not
conducted until the Final EIR
completed.
is
the
be
A
be
is
e. At public hearings, members of the public
may express their views on the adequacy of
the Draft EIR orally or in writing.
Submission of comments in writing is
encouraged. Reviewers should focus on the
sufficiency of the EIR in discussing
possible impacts upon the environment,
ways in which adverse effects might be
minimized, and alternatives to the
project.
f. Upon completion of the public hearing, the
Planning Commission shall either accept
the Draft EIR, if it is determined to be
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
15
in conformance with CEQA Guidelines and
the requirements for a Draft EIR stated
herein, or move continuance of the hearing
pending receipt of additional information
necessary to achieve such conformance.
Upon acceptance of the Draft EIR, the
Planning Commission shall then establish a
reasonable period of time, not to exceed
45 days, in which to allow completion of
the Final EIR in the manner prescribed
herein. Acceptance or continuance of the
Draft EIR (as opposed to certification of
,the Final EIR) is not an appealable
action.
6. Final Environmental Impact Reports
a. The Final EIR shall consist of the
following:
1)
The Draft EIR,
revisions thereto;
including
all
2) Copies of all written responses and a
summary of verbal responses. This
will include the minutes from
hearings on the Draft EIR;
3) The lead Town department and/or
consultant's responses to comments
received on the Draft EIR;
4) Any modification or additional data
which the Planning Commission deems
necessary to provide an adequate
environmental review of the project.
5) A Mitigation Monitoring Program.
b. Certification of Final EIR (15090)
1) The Final EIR shall be considered by
the Planning Commission at its public
hearing on the merits of the project.
If approval of the project
application is final at the
Commission level, the Planning
Commission shall certify completion
of the Final EIR before taking an
action on the project (see Resolution
Certifying Completion, Appendix I).
If the action of the Planning
commission is advisory to the Town
Council, the Commission shall
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
16
consider the Final EIR in making its
recommendation. The Town Council
shall certify the final report prior
to its action on the project.
2) When a decision-making body within
the Town other than the Planning
commission or city Council, has final
approval authority over a project,
that body shall consider the Final
EIR before taking action on the
project.
3) Any person may appeal to the Town
Council the decision of the Planning
Commission or other decision-making
body to certify the Final EIR.
Appeals must be in writing specifying
the issues of EIR adequacy being
appealed, and shall be filed with the
required filing fee within ten (10)
working days following such decision.
4) Appeal of the Final EIR certification
shall suspend any further
consideration of the project until a
decision on the appeal is made by the
Town Council.
7. Findings and Action on Project
a. The Town shall not approve or carry out' a
project for which an environmental impact
report has been completed which identifies
one or more significant effects of the
project unless the approving body makes
one or more of the following written
findings for each of those significant
effects, accompanied by a statement_of the
facts supporting each finding. (15091)
1) Changes or alterations have been
required in, or incorporated into,
the project which mitigate or avoid
the significant environmental effects
thereof as identified in the Final
EIR.
2) Such changes or alterations are
within the responsibility and
jurisdiction of another public agency
and not the agency making the
finding. Such changes have been
adopted by such other agency or can
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
17
and should be adopted by such other
agency.
3) Specific economic, social or other
considerations make infeasible the
mitigation measures or project
alternatives identified in the Final
EIR.
b. The findings required by 1} through 3},
above, shall be supported by substantial
evidence in the record.
c. The finding in subsection 2) shall not be
made if the Town has concurrent
jurisdiction with another agency to deal
with identified mitigation measures or
alternatives.
d. The Town shall not decide to approve or
carry out a project for which an EIR was
prepared unless either (15092):
1) The project as approved will not have
a significant effect on the
environment, or
2) The Town has:
a) Eliminated or substantia1ly
lessened all significant effects
on the environment where
feasible as shown in findings
under section IIIF7a (15091),
and
b) Determined that any remaining
significant effects on the
environment found to be
unavoidable under section IIIE7a
(15091) are acceptable due to
overriding concerns as described
under section IIIF7f (15093).
e. with respect to a project which includes
housing development, the Town shall not
reduce the proposed number of housing
units as a mitigation measure if it
determines that there is another feasible
specific mitigation measure available that
will provide a comparable level of
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
18
mitigation. (15092c)
f. Where the Town allows the occurrence of
significant effects which are identified
in the Final EIR but are not at least
substantially mitigated, the Town shall
state in writing the specific reasons to
support its action based on the Final EIR
and/or other information in the record.
This shall be called a statement of
Overriding Considerations. (15093)
g. When the Town of Tiburon is the Lead
Agency, it shall have a maximum of one (1)
year from the date of acceptance of a
complete application to process the
necessary and appropriate environmental
documents as set forth in these
guidelines. Where a project requires more
than one application, each application
shall be subject to a separate one year
period for approval or disapproval, based
upon the date of acceptance of each
completed application. This time limit
may only be extended once upon consent of
the applicant and the public agency for a
maximum of 90 additional days.
h. A few statutes require agencies to make
decisions on permits within time limits
that are so short that review of the
project under CEQA would be difficult. To
enable the Lead Agency to comply with both
the permit statute and CEQA, the Lead
Agency shall deem an application for a
project not received for filing under the
permi,t statute or ordinance until such
time as progress toward completing the
environmental documentation required by
CEQA is sufficient to finish the CEQA
process within the short permit time
limit. (15111)
i. After, the project for which an EIR has
been prepared is approved or disapproved,
the lead Town department shall prepare a
Notice of Determination. The Notice of
Determination shall be filed with the
County Clerk. If discretionary approval
is needed for a state agency, the Notice
shall also be filed with the Office of
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
19
Planning & Research. Filing of the Notice
shall be within five (5) working days of
the date of the approved action. (15094)
(The format for the Notice of
Determination, including the statement of
findings, is provided in Appendix D.)
j. The filing of the Notice of Determination
with the County Clerk starts a 30 day
statute of limitations on court challenges
to the action of the project under CEQA.
G. Mitiaation Monitorina Proaram
1. Implementation
a. A Mitigation Monitoring Program in a
format indicated in the Environmental
Review Guidelines, Appendix H, Section E8,
shall be part of the approved Final EIR.
b. That adopted Mitigation Monitoring Program
shall be distributed to all agencies or
parties with review responsibility defined
in the Program.
2. Responsibility
a. Requirements of the Mitigation Monitoring
Program shall be made conditions of
project approval and shall be treated in a
like manner to all other conditions 'of
approval. As such, failure to comply with
those conditions would have a direct
bearing on the provisional rights of the
discretionary permit granted in the same
manner as other conditions of approval.
b. Overall compliance shall be coordin~ted by
the case planner unless indicated in the
Mitigation Monitoring Program.
c. A report shall be prepared by the project
coordinator upon completion of the
implementation of all mitigation measures,
indicating the specific compliance
measures undertaken and the required
review approvals received. The report
shall include the checklist included as
Appendix N. Approval of the report
identifying completion of all mitigation
measures by the Town fulfills the Town's
monitoring requirements with respect to
Public Resources Code Section 20181(a).
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
20
APPBNDIX A
MINISTERIALLY EXEMPT PROJECTS
Pursuant to section 15268 of the State Guidelines, the
following actions are considered to be ministerially exempt
from the provisions of the California Environmental Quality
Act:
1. Issuance of building permits.
2. Issuance of business licenses.
3. Approval of final subdivision maps.
4. Approval of individual utility service connections and
disconnections.
5. Demolition permits not involving properties of historic
or cultural significance.
6. Issuance of swimming pool permits.
7. Annual renewal of permits or licenses for existing and
continuing uses and activities not involving new
construction.
8. Approval of final parcel maps.
9. Approval of records of survey.
10. Approval of certificates of inspection.
11. Execution of subdivision improvement agreements.
12. Execution of street improvement agreements.
13. Acceptance of offers of dedication.
14. Acceptance of deeds.
15. Issuance of a grading permit for a single family detached
dwelling or swimming pool on existing lots.
16. Any other actions which the Environmental Coordinator
finds to be comparably ministerial to the foregoing list.
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
21
APPENDIX B
CATEGORICALLY EXEMPT PROJECTS
Pursuant to Article 19 of the state CEQA Guidelines, the projects
listed below are to be considered categorically exempt from the
provisions of the California Environmental Quality Act.
Definitions of these categorical exemptions may be found in the
state CEQA Guidelines under the sections listed.
A categorical exemption shall not be used for an activity where
there is a reasonable possibility that the activity will have a
significant effect on the environment due to unusual circumstances.
15301.
15302.
15303.
15304.
15305.
15306.
15307.
15308.
15309.
15310.
15311.
15312.
15313.
15314.
15315.
15316.
15317.
Existing Facilities
Replacement or Reconstruction
New Construction or Conversion of Small structures
Minor Alterations to Land
Information Collection
Actions by Regulatory Agencies for Protection of Natural
Resources
Actions by Regulatory Agencies for Protection of Natural
Resources.
Actions by Regulatory Agencies for Protection of the
Environment
Inspections
Loans
Accessory structures
Surplus Government Property Sales
Acquisition of Lands for Wildlife Conservation
Minor Additions to Schools
Minor Land Divisions
Transfer of Ownership of Land in Order to Create Parks
Open Space Contracts or Easements
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
22
15318.
15319.
15320.
15321.
15322.
15323.
15324.
15325.
15326.
15327.
15328.
15329.
Designation of wilderness Areas
Annexations of Existing Facilities and Lots for Exempt
Facilities
Changes in Organization of Local Agencies
Enforcement Actions by Regulatory Agencies
Education or Training Programs Involving No Physical
Changes
Normal Operations of Facilities for Public Gatherings
Regulations of Working Conditions
Transfer of Ownership of Interest in Land to Preserve
Open Space
Acquisition of Housing for Housing Assistance Programs
Leasing New Facilities
Small Hydroelectric Projects at Existing Facilities.
Cogeneration Projects at Existing Facilities
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
23
Notice of Completion
Mail 10: State Clearinghouse. 1400 Tenth Street. Sacramento. CA 95814 916/445-0613
Project ntle:
Leld Agency:
Slreet Address:
City:
APPENDIX C
I SCH'
s.. NOTE IHI_
Zip:
Contact Person:
Phone:
County:
Project Location
County:
Cross SlreelS:
Assessor's Parcel No.
Within 2 Miles: State Hwy if:
Airports:
City/Nearest Community:
Section: Twp.
Waterways:
Railways:
Total Acres:
Range:
Document Type
CECA:
ONOP
o Early Cons
o Neg Dee
o Draft EIR
Local Action Type
o General Plan Update
o General Plan Amendment
o General Plan Element
o Community Plan
Base:
Sc:hools:
o SupplementlSubsequent
o EIR (Prior SCH No.)
o Other
NEPA:
o Joint Doc:ument
o Final Doc:ument
o Other
ONOI Other:
OEA
o Draft EIS
o FONSI
o Specific Plan
o MUler Plan
o PllUlJted Unit Development
o Sile Plan
o Annexation
o Redevelopment
o Coutal Pennit
o Other
o Rezone
o Prezone
o Use Permit
o Land Division (Subdivision,
Parcel Map. Tract Map, etc.)
Development Type
,
o Residential: Unils_ Acres_
o OCfice: Sqft,_ Acres_ Employees_
o Commercial: Sqft. _ A~c_ Employees_
o Industrial: Sqft. _ Acrc_ Employees_
o Educational
o Recreational
o Water Facilities: Type
o Transportation: Type
o Mining: Mineral
o Power: Type
o Waste Treatment: Type
o Hazardous Waste:Type
o Other:
lVans_
MGD_
-----------------------------------------
Project I..ue. DI.cu..ed In Document
o Aesthetic:/Visual
o Agricultural Land
o Air Quality
o ArcheologicaVHislOrical
o Coutal Zone
o Drainage/Absorption
o Economic/Jobs
o Fiscal
o Flood PlainlF100ding
o Forest LandIFire Hazard
o Geologie/Seismic
o Minerals
o Noise
o PopulalionIHousing Balance
o Public Services/Facilities
o RecrealionIP:ub
o Schools/Universities
o Seplic Systems
o Sewer CapacilY
o Soil ErosionICompactioniGrading
o Solid Wasle
o Toxic/H3.Zardous
o TraffiC/Circulation
o Vegetation
o Waler Quality
o Waler SupplyiGroundwarer
o WellandlRiparian
o Wildlife
o Growth Inducing
o Landuse
o Cumulative Effects
o Other
-----------------------------------------
Pre.ent Land Use/ZonlnglCeneral Plan U..
Project Description
-----------------------------------------
NOTE: Clearinghouse will assign idenli fication numbers for all new projecu.1f a SCH number already exisu for a project(e.l. from a Notice ofPrepanliat
or previous draft document) please fill il in. Rmwd Octolwr /989
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES
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24
APPENDIX C
Reviewing Agencies Checklist
(conte)
_Resources Agency
_Boating & Waterways
. _Coaslal Commission
_Coastal Conservancy
_Colorado River Board
_Conservation
_Fish & Game
_Foreslry
_Office of Historic Preservation
_Parks & Recreation
_Reclamation
. _S.F. Bay Conservation & Development Commission
_Water Resources (DWR)
Business, Transportation & Housing
_Aeronautics
_California Highway Pattol
_CALTRANS Dislrict #_
_Department of Transportation Planning (headquarters)
_Housing & Community Development
_Food & Agriculture
Health & Welfare
_Heakh Services
State & Consumer Services
_General Services
_OLA (Schools)
KEY
S . Document sent by lead agency
X = Document sent by SCH
~ . Suggested dislribution
Environmental Affairs
_Air Resources Board
_APCD/AQMD
_California Waste Management Board
_SWRCB: Clean Wiler GranlS
_SWRCB: Delta Unit
_SWRCB: Water Quality
_SWRCB: Water RighlS
_Regional WQCB #_
Youth & Adult Corrections
_Corrections
Independent Commissions & Offices
_Energy Commission
_Native American Heritage Commission
_Public Utilities Commission
_Santa Monica Mountains Conservancy
_Stale Lands Commission
_Tahoe Regional Planning Agency
_Olher
Public Review Period (to be Hlled in by lead agency)
-----------------------------------------
Starting Date
Sigrullure
-----------------------------------------
Lead Agency (Complete if applicable):
Consulting Finn:
Address:
CilylSUllelZip:
Conl:lct:
Phone: L-J
Applicant:
Address:
CilylSUllClZip:
Phone:L-J
Ending Date
Date
For SCH Use Only:
Date Received at SCH
Date Review SUlrlS
Date to Agencies
Date to SCH
Clearance Date
NOlu:
R~i_rtd OcrofHr /989
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25
APPENDIX C (cont.)
LOCAL REVIEWING AGENCY CHECKLIST
Town Manager
Town Engineer
Town Attorney
Police Dept.
Recreation Dept.
Tiburon Fire Dist.
Alto Richardson Fire Dist.
Richardson Bay Sanitary Dist.
Sanitary District No. 5
Sanitary District No. 2
Marin Municipal Water Dist.
Marin County Health Dept.
County Flood Control Dist.
Pacific Gas & Electric
Building Dept.
Public Works Dept.
Viacom Cablevision
Mill Valley Refuse
Golden Gate Bridge Hwy/Trans. District
Marin County Transit District
Tamalpais School District
Metropolitan Transportation Commission
Regional Water Quality Control Board
B.A.A.Q.M.D. (Air Quality)
Strawberry Design Review Board
Town of Corte Madera
City of Mill Valley
Pacific Bell
Marin County Plng.
Belvedere PIng.
Reed School Dist.
Caltrans
Army Corps of Eng.
B.C.D.C.
u.S. Postal Office
Other, inc. Home
Owners Assns.
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
26
APPENDIX D
Notice of Determination
To: _ Office of Planning and Research
1400 Tenth Street. Room 121
Sacramento, CA 95814
From: (public Agency)
(AtldrU$)
County Clerk
County of
@.
. .
. ....., ;
~. .
. .;,.,
Subject:
Filing of Notice of Determination In compliance with Section 21108 or 21152 of the Public Resources Code.
Project Title
State Clearinghouse Number
(If submitted to Clearinghouse)
Lead Agency
Contact Person
Area CodelTelephone/Extension
Project Location (include county)
Project Descrll?tlon:
This is to advise that the
has approved the above described project on
o Lead Agency 0 Responsible Agency
and has made the following determinations regarding the above described projecc
(Dale)
1. The project [OwiU DwiU not] have a significant effect on the environmenL
2. 0 An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
o A Negative Declaration was prepared for this project pursuant 10 the provisions of CEQA.
3. Mitigation measures lDwere Dwere not) made a condition of the approval of the projecL
4. A statement of Overriding Considerations lDwas Dwas not] adopted for this projecL
5. Findings lDwere Dwere not] made pursuant to the provisions of CEQA.
This is to certify that the final EIR with comments and responses and record of project approval is available to the General Public ae
Signature (public Agency)
Date
Title
Date received for filing at OPR:
Rni#d OCIDMr 1989
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27
APPENDIX E
Notice of Exemption
..J
To: 0
Office of Planning and Research
1400 Tenth Street. Room 121
Sacramento. CA 95814
From: (public Agency)
(Addrus)
o County Clerk
County of
Project Title:
Project Location. Specific:
Project Location. CIty:
DescrIption of Project:
Project Location. County:
Name of Public Agency ApprovIng Project:
Name of Person or Agency CarryIng Out Project:
Exempt Status: (cMclc one)
o Ministerial (Sec. 21080(b)(1); 15268);
o Declared Emergency (Sec. 2108O(b)(3); 15269(a));
o Emergency Project (Sec. 2108O(b)(4); IS269(b)(c));
o Categorical Exemption. State type and section number:
o Statutory Exemptions. State code number:
Reasons why project Is exempt:
Lead Agency
Contact Person:
Area CodelTelephonelExlCnsion:
If filed by applicant:
I. Attach certified docwnent of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? 0 Yes 0 No
Signature:
Date:
Title:
o Signed by Lead Agency
o Signed by Applicant
Date received for filing at OPR:
Revised OctolHr /9B9
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES
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APPENDIX F
ENVIRONMENTAL DATA SUBMISSIONS
Any applicant seeking approval from a decision-making body in the
Town for a project that is not ministerially or categorically
exempt or of an emergency nature as defined herein must submit
sufficient information to enable staff to complete and Initial
study to be used by the Environmental Coordinator to determine
whether an EIR must be prepared or whether a negative declaration
may be issued. Project applicants shall provide the following
information in the format indicated in an accompanying text
entitled "Environmental Data Submission" to be submitted at the
time an application is filed. The Environmental Data Submission
and project application materials have separate purposes and
separate requirements. One document may not simply refer to
material contained in the other; the Environmental Data Submission
must give an adequate description of the project for environmental
review purposes. Any ultimate anticipated development on the
project site or adjacent property under the same ownership must be
included in the discussion. If there are phases to the project,
the submission may discuss them by phase so long as a cumulative
impact is also provided by each phase analyzed.
This outline is intended to serve as a guide to preparers of
Environmental Data Submissions. It does not guarantee that no
additional information will be required. This outline will be used
by the Department of Community Development staff to determine the
completeness of an Environmental Data Submission. Some projects
may require additional information in order to evaluate possible
environmental impacts. Some types of projects may not require the
level of information regarding environmental setting indicated.
These include some test amendments and some minor projects.
Questions should be directed to the Department of Community
Development staff.
The Environmental Data Submission is divided into four distinct
sections: 1) project information; 2) environmental setting; 3)
impacts; and 4) mitigation measures and alternatives. It is
important that these sections not be mixed. Where appropriate,
information sources should be cited, as well as the source of any
subjective options.
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
29
BHVZRONMBNTAL DATA SUBKZSSZOB PORK
A. Pro;ect Information
1. Applicants' Name (Owner or legally authorized part in
interest):
Address:
Telephone:
2. Person preparing this submission:
Address:
Telephone:
3. Project Number(s):
4. Assessor's Parcel No(s):
5. Type of approval(s) sought:
6. Location of project (attach vicinity map):
7. Size of subject property:
8. Present and previous use of site or structures:
9. Existing zoning, General Plan designation and any
applicable policies, master plans and/or specific plans
for site and surrounding areas:
10. General description of project:
a. Intent of project (be as specific as possible;
include goals for applicant and community, proposed
uses, number and size of lots, etc.). -
b. Map showing use(s) to which land will be put (may
be a duplicate of a map exhibit submitted with
project application).
c. Major activities contemplated and their sequence
(construction-related and permanent).
d. Indicate: amount of area covered by structures,
permeable surfaces, landscaping and natural open
space; number of floors, floor area, employees and
shifts for commercial projects; and types and
numbers of units for residential units.
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
30
11. Other agencies of Town departments which permits or
approvals will be required, specifying type and granting
body:
12. A map showing the location of the project with relation
to adjacent streets shall be included for site specific
projects.
B. Environmental Setting
1.
Topography:
features.
Average slopes, significant topographic
2. Geology:
a. Geologic type.
b. Slope stability (landslides and debris flows, size
and extent; is repair of landslide proposed?)
c. Seismic hazards (tsunami, liquefaction, ground
shaking, subsidence, etc.)
3. Air Quality: Exposure to or generation of air pollutants
or odors.
4. Hydrology: Existing hydrologic features streams,
marsh, by, lake, etc; drainage patterns; flood zones (see
Flood Rate Insurance map available in Tiburon Planning
and any alterations proposed.
5. Water Quali ty; Percolation rate if known, d,epth of
groundwater if known, any wells in the area, quality of
any surface water and any sources of contamination (such
as parking lot runoff) existing in the vicinity of or
resulting from project.
6. Biology: Major plant types, known habitats of endangered
flora or fauna, and identification of all trees by type
and circumference at two feet above the ground.
7. Noise: Any significant noise generators in area,
existing noise levels (for sites along Highway 131
(Tiburon Blvd.) information is available in the Tiburon
Planning Development. For estimates of noise based on
traffic, see the 1989 Tiburon General Plan). How do
noise levels for the proposed use compare with Tiburon
General Plan Noise Element Guidelines for the proposed
use?
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
31
8. Visual/Scenic Resources: Is the site a scenic resource,
either by itself or as a part of a larger area resource?
Describe visual characteristics including impacts to
ridgelines, view corridors, and adjacent property views.
will the project create substantial sun shadow or glare
problems?
9. Grading: If the project requires grading, how many cubic
yards? will it be balanced on-site and, if not, where
will it be deposited or obtained? If there is grading,
provide a cut/fill map and, if it is unbalanced, a map
delineating the borrow or deposit site and haul route.
10. Archaeologic/Cultural Resources: Is this an area of
archaeologic sensitivity? If so, or if there is a known
archaeologic site within 300 yards, an archaeological
reconnaissance should be included in the Environmental
Data Submission. Are there ,cultural/historic or
prehistoric resources on or adjacent to the site?
11. Population and Housing Characteristics: Is the site
adjacent to a populated area? What are the housing
characteristics of the adjacent area?
12. Circulation: Circulation patterns, latest traffic counts
available from Tiburon Planning Department, alterations
ih existing or proposed street improvements of the Town,
availability of public transportation, pedestrian and
bicycle trails.
13 . Public Service and utilities : Availability of public
services and infrastructure to serve site. Distance
and/or response time to sewer, water, gas, electricity,
police fire, parks; method of sewage disposal proposed.
14. Health and Safety:
Identify any flammable, reactive or
materials to be located on site
pressurized tanks).
b. Indicate distance to nearest high fire hazard
(i.e., brush, stored flammable, etc).
explosive
(including
a.
c. Identify any proposed use storage or production of
hazardous materials (as identified in the
California Proposition 65 legislation) and
procedure for disposal.
d.
Identify disposal procedures
products.
for
all
waste
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
32
e. Indicate distance to nearest sensitive receptors
(i.e., schools, hospitals, residences) if there is
a potential hazardous emissions source proposed or
vice versa for proposed sensitive receptor.
c. Imoacts
Preliminary estimate of any action proposed that could cause
adverse impact upon any of the features listed above when
considered over the life of the project. Discussion must
document specific environmental features impacted, the nature
of the impact and the relative measure of the severity of the
impact.
D. Mitiaation Measures and Alternatives
1. Mitigation measure that have been incorporated into the
project design to lessen or eliminate (specify which)
potential adverse environmental effects should be
described. These should be distinguished from mitigation
measures which could be part of the proposed project, but
are not. The description should include a discussion of
the implementation and monitoring procedures anticipated.
2. Discussion of alternatives to the project location or
design. Brief discussion of significant impacts of
alternatives, if different than project impacts.
E. Certification
1. Attach the following statement as part of the
submission:
I hereby certify that the statements furnished above and
in the attached exhibits present the data and information
required for this initial evaluation to the best of my
ability, and that the facts, statements and information
presented are true and correct to the best- of my
knowledge and belief.
Date:
(Signature)
For:
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
33
APPENDIX G
ERVIROHKBNTAL CHBCKLIST
(To be complete4 by Staff as part of the Initial Stu4y)
Date:
staff Member:
A. PROJECT INFORMATION
1. Project Number(s}:
2. Location:
3. Parcel No(s):
B. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES
Provide an explanation for all "yes", and "maybe" answers in the space
given or on an attached sheet together with recommended mitigation
measures. "No" answers may also need some explanation, in unusual
instances.
1.
Geotechnical. will the proposal
result in:
Yes
Mavbe
No
N/A
a.
Substantial excavation, filling,
displacement or other disturbance
of the soil?
b. Substantial erosion or
siltation?
c. Introduction of substantial
amounts of chemical, gaseous
or radioactive material~ into
the natural environment (including
fertilizers, pesticides, etc.)?
d. Substantial changes in topography
or physical features such as hills
ridges or rock outcroppings?
e. Location in an active or
potentially active fault zone?
f. Location in an area having major
slope instability or major
landslide(s)?
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
34
g. Location in an area with high
subsidence, groundwater level
or hydrocompaction?
2. Air. will the proposal result in:
a. Substantial air emissions or
deterioration of ambient air
quality?
b. The creation of objectionable
odors?
c. Generation of fugitive dust?
3. Water. will the proposal result in:
a. Substantial alteration of existing
absorption rates, drainage patterns
or the rate and amount of surface
water runoff?
b. Substantial alterations to the
ponding or course of flow of
flood waters?
c.
Exposure of people or property
to water-related hazards?
d. Substantial change in the
composition, quantity or flow
characteristics of groundwater?
e. Adverse effects upon the quality
of any surface body of water?
f. Exposure to high mud flow,
erosion or debris deposition.
4. Fire/Police. will the proposal
result in:
a. Substantial increased potential
for destructive fires within
natural areas?
b. A substantial reduction in the
level of fire safety?
Yes
Mavbe
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
No
HJ.A
35
c. Location in a high fire hazard
area or area with inadequate
water and/or pressure to meet
fire flow standards?
d. Location in a high fire hazard
area with more than 75 units on
a single access or served by
inadequate access due to length,
width, surface materials,
turn-around or grade?
e. staffing or response time
problems from the fire
and/or police station?
f. Special fire or law
enforcement concerns?
5. Biota. will the proposal result in:
a. Substantial change in the
diversity of species or number
of any species of plants or
animals' currently present or
likely to occur at any time
throughout the year?
b. Reduction in number of any unique,
rare or endangered plants or
animals or communities of such?
c.
Introduction of exotic plants and
animals to the detriment of
native species?
d. Substantial reduction in prime
agriculture acreage or use?
e. Substantial deterioration to
existing wildlife habitats?
6. Noise. will proposal result in:
a. Significant increase in existing
ambient noise levels?
b. Exposure of people to high
single incident noise generators?
Yes
Mavbe
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
HQ
lU.A
36
7. Visual/Scenic Resources.
will the project result in:
a. Obstruction of any scenic vista
or view open to the public?
b. Creation of an aesthetically
offensive site open to public
view?
c. Substantial sun shadow or
glare problems?
d. Disharmony with adjacent uses
because of height, bulk or
other features?
8. Land Use. will the proposal
result in a substantial alteration
of the present or planned use of
an area?
9. Natural Resources. will the
proposal result in a substantial
increase in the rate of use or
depletion of any natural resource?
10. Transoortation/Circulation.
will the proposal result in:
a. Generation of substantial
additional traffic such that
existing levels of service will
deteriorate?
c. Increase in traffic hazards?
d. Limiting the possibility for
future transportation system
improvements or expansions?
e. Reduced means of escape or
evacuation in an emergency?
f. Increased parking problems?
11. Public Services. will the
proposal have a significant effect
upon, or result in a need for, new
or altered governmental services?
Yes
Mavbe
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
IiQ
N/A
37
12. utilities. will the proposal
have a significant effect upon
utility systems including
unanticipated demands on those
systems?
13. Community. will the proposal
result in:
a. Significant public controversy
related to an environmental
issue?
b. Significant displacement of
people or the disruption of
established neighborhoods?
c. Creation of unanticipated
demands on delivery of health
or social service?
d. will the proposal affect housing
or create a demand for additional
housing?
e. Significant reduction in land
available for affordable housing?
14 Enerav. will proposal result in:
a. Inefficient utilization of energy?
b. Substantial increase in demand
on existing energy sources?
15. Archaeoloaical/Cultural. will
the proposal result in potential
alteration of a significant
paleontological, archaeological,
historical or cultural site,
structure, object or building?
16. Growth Inducing. will the project
result in an inducement to growth
in the surrounding area?
Yes
Mavbe
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
No
N/A
38
17. Human Health. will the proposal
result in the creation of a
potential health hazard or the
exposure of people to potential
health hazards including the use,
production, storage or disposal
of any hazardous materials or
pressurized tanks?
18. Plan Conformity.
a. Is this proposal inconsistent
with the policies and intent of
the Tiburon General Plan?
19. Mandatorv Findinas of Sianificance.
a. Does the project have the potential
to degrade the quality of the
environment, substantially reduce
the habitat of a fish or wildlife
species, cause a fish or wildlife
population to drop below self-
sustaining levels, threaten to
eliminate a plant or animal
community, reduce the number or
restrict the range of a rare of
endangered plant or animal, or
eliminate important examples of the
major periods of California history
or prehistory?
b. Does the project have a potential
to achieve short-term, to the
disadvantage of long-term
environmental goals? .
c. Does the project have impacts
which are individually limited,
but cumulatively considerable?
("cumulatively considerable"
means that the incremental effects
of an individual project are
considerable when viewed in
connection with the effects of
past projects, current projects
and probable future projects).
Yes
Mavbe
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
No
N/A
39
Yes
Mavbe
No
N/A
d. Does the project have environmental
effects which will cause substantial
adverse effects on human beings,
either directly or indirectly?
C. Questions answered "yes" or "maybe" by staff in the above listing
constitute a recommended finding of significance until the Environmental
Coordinator makes his/her determination. Modification of findings
required by the Environmental Coordinator must be noted in the
checklist.
D. DETERMINATION (To be filled out by the Environmental Coordinator
following his/her evaluation of the Initial study)
On the basis of this Initial study:
1. It is found that the proposed project WILL NOT have a significant
effect on the on the environment and a DRAFT NEGATIVE DECLARATION
will be prepared by the lead Town department.
2. It is found that although the proposed project could have a
significant effect on the environment, there will not be a
significant effect in this instance because feasible mitigation
measures exist for impacts identified as significant in the Initial
study.' These measures are:
a. Reflected in revised exhibits submitted for approval by the
applicant.
b. Described in statements attached with the written concurrence
of the applicant as to their feasibility and acceptance.
Based on the foregoing, a DRAFT NEGATIVE DECLARATION will be
prepared.
3. It is found that the proposed project MAY have a significant effect
on the environment and an ENVIRONMENTAL IMPACT REPORT is required.
By: Date:
Environmental Coordinator
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
40
1) Additional explanation of factors.
2) Recommended mitigation measures.
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
41
staff Member:
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
42
APPENDIX B
PROCEDURES POR BIR PRBPARATION
When the Town has determined that a project will or may have a
significant effect on the environment, the lead Town shall prepare
or cause to have prepared an Environmental Impact Report. The
following procedures shall govern preparation of an EIR by a
consultant or lead Town department.
A. POLICY - It is the policy of the Town of Tiburon to select a
consultant to prepare EIR's for all private projects. The
Town will select a consultant on the basis of appropriate
costs as well as demonstrated capability to perform the tasks
outlined in the "Request for Proposal." Proposals should show
that the EIR will provide the Town decision-makers with an
accurate and complete report that meets the requirements of
state law and these guidelines and provides sufficient
information to reach a decision on the project.
B. REQUEST FOR PROPOSAL - The lead Town department shall prepare
a "Request for Proposal." This request shall be mailed to at
least three firms on the Town approved list of EIR
consultants. Consultants shall have at least ten working days
from the date of the "Request for Proposal" is postmarked to
respond with a written proposal.
,
C. REQUIREMENTS FOR PROPOSAL - The following minimum requirements
must be met by any consultant submitting a proposal pursuant
to the above request:
1. The names and qualifications of all persons who will be
working on this project including all subcontractors.
The lead contact person should be identified.
2. A detailed estimate of the number of hours each of the
above-named persons will contribute to the total report,
the areas on which they will work, and their hourly rate.
3. The costs of the consultant attending a maximum of three
to four public hearings including a scoping hearing and
hearings on the Draft and Final EIR's.
4. An estimate of all clerical costs including typing,
reproduction and binding in preparation of the
Administrative Draft, the Draft and the Final EIR's.
5. Based on the above, a total fixed bid figure for
preparation of the Draft and Final EIR's.
6. The date on which work can commence and the number of
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
43
weeks required to finish the Draft EIR, including time
for staff review of the administrative draft (not longer
than 15 working days.)
7 . A listing of previous EIR' s prepared pursuant to the
California Environmental Quality Act pertinent to the
project in question.
8. Compliance with any additional requirements set forth in
the "Request for Proposal."
D. EVALUATION OF PROPOSAL
1. The lead Town department shall evaluate each proposal
based upon Town policies and these guidelines.
2. The lead Town department shall provide the applicant with
copies of all proposals. After discussion with the
applicant, the lead Town department shall select the
consultant who will perform the work. The decision to
accept any proposal shall be made not later than thirty
(30) calendar days after the deadline for proposals to be
submitted. Consultants whose proposals have not been
accepted shall be so notified.
3. When the consultant has been chosen, the applicant must,
within fifteen (15) calendar days of said choice, deposit
with the Town the full amount of the consultant's total
bid figure for services. The Town of Tiburon will then
execute a contract between the consultant and the Town ,on
contract forms provided by the Town.
E. FORMAT FOR EIR
1. The information contained in an EIR, including technical
data, maps, plot plans and diagrams shall be presented in
such a manner as to permit full assessment of significant
environment impacts by reviewing agencies and member of
the public. Use of clear and descriptive graphics is
especially encouraged. Placement of highly technical or
specialized data should be provided in appendices
separated from the main body of the EIR.
2. EIR's shall be produced on 8\x11 inch paper and
reproduced on both sides. They shall be bound so as to
allow revisions and additions to be incorporated.
3. The EIR shall be prepared using a systematic, well
documented approach. The EIR shall reference all
documents used in its preparation including a citation to
the page and section number of documents used as the
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
44
basis for any statements in the EIR. All EIR sections
written by someone other than an employee of the
consultation firm shall be credited to the appropriate
author(s).
4. The EIR should discuss environmental effects in
proportion to their severity and probability of
occurrence. Effects dismissed in an Initial study as
clearly insignificant need not be discussed further
unless the Town subsequently receives information
inconsistent with the finding in the Initial study.
5. If, after thorough investigation, the Town or consultant
finds that a particular impact is too speculative for
evaluation, the report should note this conclusion and
terminate discussion of the impact.
6. An EIR may incorporate by reference all or portions of
other documents which contain information relevant to the
EIR. The incorporated document shall be available to the
public at the lead Town department office. Where an EIR
uses incorporation by reference, the incorporated part of
the document shall be briefly summarized in the EIR.
7. The discussion of mitigation measures shall distinguish
between the measures which are proposed to be included in
the project and other measures that are not included but
could also reduce adverse impacts. This discussion shall
identify levels to which impacts will be reduced by
mitigation and the basis upon which such levels w~re
predicted. Where several measures are available to
mitigate an impact, each should be discussed and the
basis for selecting a particular measure should be
identified.
8. All mitigation measures which are proposed to be included
in the project shall include a detailed description of
the steps to be taken to ensure implementation. The
discussion shall include an item by item identification
of the specific mitigation, the monitoring action,
criteria and standards used, process for signing off
completion of task and noncompliance issues.
9. Changes in the Draft EIR required through the public
hearing process shall be highlighted by means of
underlining or different type face in the Final EIR.
Unless required changes are minimal, rewriting of the
Draft EIR will be required. Comments and additional
information required for inclusion in the Final EIR shall
be included as an addendum to the EIR. Responses to
comments shall be incorporated into the text of the EIR
and keyed to the list of comments.
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
45
APPENDIX I
RESOLUTION CERTIFYING COMPLETION OF BIR
RESOLUTION OF THE PLANNING COMMISSION (TOWN
COUNCIL) OF THE TOWN OF TIBURON CERTIFYING
THAT THE FINAL EIR FOR THE
PROJECT IS COMPLETE.
WHEREAS, the Town of Tiburon has caused to be prepared an
Environmental Impact Report for the
Project, a proposal project located on acres of land and
within the Town of Tiburon.
WHEREAS, the Environmental Impact Report has been completed in
compliance with the California Environmental Quality Act of 1970,
the Guidelines as promulgated by the State Secretary of Resources
and the procedures for review as set forth in the Town of Tiburon
EIR Guidelines (all as most recently amended); and
WHEREAS, copies of the Draft EIR have been distributed for
review by affected public agencies; and
WHEREAS, as the Planning Commission of the Town of Tiburon has
considered the Draft Environmental Impact Report, has held a public
hearing thereon, and has reviewed the responses to said Draft EIR.
,
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
(Town Council) of the Town of Tiburon does hereby certify that the
Final EIR on the Project
has been completed in compliance with the California Environmental
Quality Act of 1970 and the State and the Town Guidelines.
.
.
.
.
.
.
Passed and adopted at a regular meeting of the Planning Commission
(Town Council) of the Town of Tiburon held on the day of
,19 ,by the following vote:
AYES:
NOES:
ABSENT:
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
46
APPBNDIX J
NOTICE OF PREPARATION OF
DRAFT BBVIRONKBB'l'AL IMPACT RBPORT
Subject:
Notice of Preparation of Draft Environmental
Impact Report
Project Title:
state Clearinghouse No:
Project Applicant:
The Town of Tiburon will be the lead agency and will prepare an
Environmental Impact Report to the project identified above. We
need to know the views of your agency as to the scope and content
of the environmental information which is germane to your agency's
responsibilities in connection with the proposed project. Your
agency will need to use the EIR prepared by our agency when
considering your permit or other approval for the project.
The projec~ description, location and probable environmental
effects are contained in the attached Environmental Data Submission
and Environmental Checklist (the Initial study).
Due to the time limits mandated by state law, your response must be
sent at the earliest possible date, but not later than 30 days of
this notice.
Please send your response to the Tiburon Planning Department, 1155
Tiburon Boulevard, Tiburon, California, 94920. We will need the
name and telephone number of a contact person at your agency.
Sincerely,
Director of Community Development
Telephone:
(415) 435-0956
cc: State Clearinghouse
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
47
APPENDIX It
NOTICE OF A DRAFT NEGATIVE DECLARATION
NOTICE OF A DRAFT NEGATIVE DECLARATION
Notice is hereby given that a Draft Negative Declaration is
available for review in the Tiburon Planning Department, 1155
Tiburon Boulevard, Tiburon, for the following project.
Project Title:
Type of Application:
Location of Project:
The will consider adoption of the
Negative Declaration on , at p.m.
in the ,Tiburon. The adoption of the
Negative Declaration would indicate the project would have no
significant effect on the environment. The
may also consider requiring an Environmental Impact Report for the
project, if significant environmental impacts might result from the
project.
Inquiries regarding the Draft Negative Declaration should be
directed to: at (415) 435-0956, or to
the Tiburon Planning Department, 1155 Tiburon Boulevard, Tiburon,
California, 94920.
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
48
APPENDIX L
NOTICE OF INITIAL STUDY
TO:
Responsible Agencies and Trustee Agencies
SUBJECT:
Notice of Initial Study
PROJECT TITLE:
PROJECT APPLICANT:
The Town of Tiburon is conducting as Initial study to determine
whether an Environmental Impact Report or Negative Declaration will
be required for the proposal
The project description, location and probable environmental
effects are contained in the attached Environmental Data Submission
and Environmental Checklist (the Initial study).
We request your identification of any concerns to your agency
raised by the proposed project. Due to the time limits mandated by
state law, your response is requested at the earliest possible
date, but not later than 45 days after the date of this notice. If
you recommehd mitigation measures as a condition of approval,
please indicate your recommendation for monitoring procedure.
Please send your responses to the Tiburon Planning Department, 1155
Tiburon Boulevard, Tiburon, California, 94920.
Sincerely,
Jack Lohman
Director of Community Development
cc: state Clearinghouse
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6/91
49
APPENDIX M
CeQA PROCESS FLO" CHART
- Not a project - - - - --l
I
=>-l I
I I
I I
Statutory exemption -
Categorical exemption
Public agency evaluates project to
detennine if there is a possibility
that the project may have a sig-
nificant effect on environment
No possible significant _
effect
Possible significant effect
Determination of lead agency where
more than I public -seney is
involved
ResPOft:Sible -sency
Public review period
Decision making body considers
final EIR or Negative Declaration
prepared by lead agency
NOTEs This fiow chart is intended merely to illustrate the EIR process contemplated by these Guidelines. The lanKuage
contained in the Guidelines controls in case of discrepancies.
Revised/Effective January 193'
TOWN OF TIBURON ENVIRONMENTAL REVIE~ GUIDELINES 2/6/91
50
APPENDIX N
MONITORING PROGRAM
(Case Name and Number
1. MITIGATION MEASURE (from Negative Declaration):
2. JUSTIFICATION (from Initial study):
3. TRUSTEE AGENCIES
JURISDICTION
YesNo
Department of Fish and Game
States Land Commission
state Department of Parks and Recreation
University of California
OTHER PUBLIC AGENCIES
4. MONITORING AGENCY/FIRM:
5. PROCEDURE - STEPS TO COMPLIANCE (unique to each project)
A.
B.
C.
D.
Etc.
6. COMPLIANCE
monitor)
A.
B.
C.
D.
Etc.
7. COMMENTS:
8. Fees:
(each procedure step to be signed off and dated by
Receipt II
Date:
Rec'd By:
Prepared By:
Date:
\ceqa\ceqaII2.frm
TOWN OF TIBURON ENVIRONMENTAL REVIEW GUIDELINES 2/6191
51