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11 - CEQA Guidelines Resolution No. 2013-843Protecting our community's health and the environment by providing solid waste and sewer collection services. www.cmsdca.gov Costa Mesa Sanitary District ….an Independent Special District Memorandum T o: Board of Directors From: Scott Carroll, General Manager Date: September 26, 2013 Subject: California Environmental Quality Act (CEQA) Guidelines Summary District Counsel is recommending the District adopts CEQA guidelines and implementation procedures as set forth by the California Public Resources Code Section 21000 and the Secretary of Resources Agency. S ta ff Recommendation That the Board of Directors approve s Resolution No. 2013 -843 adopting CEQA Guidelines and directing staff to implement guideline procedures Analysis The California Environmental Quality Act (CEQA) was adopted shortly after the United States federal government passed the National Environmental Policy Act (NEPA), to institute a statewide policy of environmental protection. CEQA does not directly regulate land uses, but instead requires state and local agencies within California to follow a protocol of analysis and public disclosure of environmental impacts of proposed projects and adopt all feasible measures to mitigate those impacts. CEQA makes environmental protection a mandatory part of every California state and local agency's decision making process. There are three levels of CEQA review:  Exemption . Many types of smaller development projects or projects that can be seen with certainty to have no significant detrimental impact on the environment are generally exempt from CEQA. For example, according to State Guidelines of CEQA subsurface pipelines within a public right of way that is less than one mile in length is considered exempt. ITEM NO. 11 Board of Directors September 26 , 2013 Page 2 of 2 Initial Study . When staff concludes that a p roject has the potential to have some detrimental impacts on the environment, staff will conduct an “Initial Study”. Upon completion of the Initial Study, staff can come to one of two conclusions:  Negative Declaration . Under the specific circumstances of the particular case, there are no potentially significant impacts; or any identified potentially significant impacts can be mitigated to a less -than -significant level through the adoption of mitigations. Under these circumstances, the project is eligible for a “Negative Declaration” (also referred to as a Neg Dec). If there are no significant impacts, then no mitigations will be required. Sh ould impacts be identified, then mitigations must be adopted as part of the project and included as conditions of the project and those impacts must be mitigated to a “less than significant” level.  Environmental Impact Report . If the Initial Study identifies one or more significant impacts on the environment, and those impacts cannot be mitigated to a less than significant level, then the District must prepare and Environmental Impact Report (EIR). An EIR will consider potential impacts and mitigations, and also alternatives to the project that would not cause those significant impacts or would have lesser impacts than the proposed pro ject. The attached Guidelines adheres to California Public Resources Code Section 21000 and the Secretary of Resources Agency and describes implementation procedures for determining one of the three levels of CEQA identified above. Strategic Plan Element & Goal This item complies wi t h the objective and strategy of Strategic Element 5.0, Administrative Management , which states the following: 5.0 Administrative Management Objective: To create, maintain and implement policies and procedures to ensure sound management of the District. Strategy: We will conduct periodic reviews, refine and implement policies and procedures, and assure the General Manager has the direction and tools necessary for successful District operations. Legal Review District Counsel has reviewed and approved this report, Resolution No. 2013 -843 and CEQA Guidelines that are attached hereto. Financial Review T he Permit Technician po sition will implement the Guideline procedures under supervision of the District Engineer, with District Counsel as another reviewing body. There is no financial impact to the permit technician position for implementing CEQA Guideline procedures. However, staff anticipates 4.5 of additional annual hou rs will incur by the District Engineer for reviewing the environmental review and CEQA determination recommendations made by the permit technician position. This would Board of Directors September 26 , 2013 Page 3 of 2 incur an anticipated additional annual cost of $450, based upon the number of CIP proje cts budgeted over the next year. Public Notice Process Copies of this report are on file and will be included with the entire agenda packet for the September 26 , 201 3 Board of Directors regular meeting at District Headquarters and on District’s website. Alternative Actions 1. Do not adopt the Resolution No. 2013 -84 3 and direct staff to report back with additional information. Attachment s A: Resolution No. 2013 -843 RESOLUTION NO. 201 3 -843 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ADOPTING GUIDELINES AND PROCEDURES FOR IMPLEMENTING THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS , pursuant to Section 21082 of the Public Resources Code of the State of California all public agencies are required to adopt by ordinance, resolution, rule or regulatio ns, objectives, criteria, and procedures for the evaluation of projects, and the preparation of environmental impact reports and negative declarations under the provisions of the California Environmental Quality Act (“CEQA”) found at Public Resources Code Section 21000 et seq.; and WHEREAS , Section 21082 further requires that the objectives, criteria, and procedures adopted by a public agency shall be consistent with the provisions of CEQA and with the State CEQA Guidelines (“State Guidelines”) adopted by the Secretary of the Resources Agency pursuant to CEQA and found in the California Code of Regulations Title 14, Section 15000 et seq.; and WHEREAS, it is the District’s intent to fully comply with the provisions and intent of CEQA in an efficient and timely manner which eliminates unnecessary cost and delay; and WHEREAS, the District desires to adopt guidelines and implement procedures that are consistent with the current provisions of CEQ A and the State Guidelines. NOW, THEREFORE , the Board of Directors of the Costa Mesa Sanitary District does hereby RESOLVE and DETERMINE as follows: SECTION 1 : This action is exempt pursuant to Section 15061 (b)(3) of the State Guidelines. This section states that a project is exempt from CEQA if the activity is covered by 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 in question may have a significant effect on the environment, the activity is not subject to CEQA. The CEQA Implementation procedures are technical changes concerning general policy fo r the implementation of CEQA and there is no possibility that adopting these procedures will have a significant effect on the environment. SECTION 2 : Except as otherwise expressly provided herein, the provisions of CEQA and the State Guidelines are here by referred to, adopted and made a part of this Resolution with the same effect as if fully set forth herein, and all the provisions thereof shall apply to projects proposed to be carried out or given discretionary review and approval by the District. All future revisions of CEQA and the State Guidelines shall hereafter be considered a part of the District’s implementing procedures without further action by the Board of Directors and the General Manager, with consultation from District Counsel, is hereby a uthorized and instructed to amend the District’s Implementing Guidelines, attached hereto as Exhibit “A”, to incorporate all future revisions. SECTION 3: It is the intent of the District to conform to the requirements of CEQA. If any of the specific p rocedures or provisions adopted herein should be in conflict with CEQA, CEQA shall prevail. The District may administer its responsibilities under CEQA in any manner which meets the requirements of CEQA, notwithstanding the specific procedures and provisi ons set forth in District’s Implementing Guidelines attached hereto as Exhibit “A”. SECTION 4: the District’s Implementing Guidelines attached hereto as Exhibit “A” are hereby enacted to implement the provisions of CEQA in the Costa Mesa Sanitary District. PASSED AND ADOPTED by the Board of Directors of the Costa Mesa Sanitary District at a regular meeting held on the 2 6 th day of September 201 3 . James Ferryman Arthur Perry President of the Board of Directors Secretary of the Board of Directors STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss COSTA MESA SANITARY DISTRICT ) I, SCOTT CARROLL , General Manager/Clerk of the Costa Mesa Sanita ry District, hereby certify that the above and foregoing Resolution No. 201 3 -8 42 was duly and regularly passed and adopted by the said Board of Directors at a regular meeting thereof held on the 2 6 th day of September 201 3 . AYES: NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Co sta Mesa Sanitary District this 2 6 th day of September 201 3 . Clerk of the Costa Mesa Sanitary District COSTA MESA SANITARY DISTRICT CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AND IMPLEMENTING PROCEDURES Adopted by the Board of Directors on September 26 , 2013 EXHIBIT A ii TABLE OF CONTENTS SECTION PAGE 1. Purpose 1 2. Relationship to State Guidelines 1 3. Definitions 1 4. Initial Process 7 5. Delegation of Responsibility to District Engineer 7 6. Preliminary Review of Exemptions 8 7. Exemptions 8 8. Procedures for the Conduct of Initial Studies 11 9. Procedures for the Preparation of Negative Declarations 15 10. Procedures for the Preparation of Environmental Impact Reports 19 11. Special Time Limits 29 12. Amendment to These Guidelines 30 COSTA MESA SANITARY DISTRICT CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IMPLEMENTING PROCEDURES 1. PURPOSE The purpose of these Implementing Procedures is to carry out the Calif ornia Environmental Quality Act (“CEQA”) in the Costa Mesa Sanitary District . In particular, these procedures are in tended to meet the requirements for public agency implementing procedures established in Se ction 15022 of the CEQA Guidelines. 2. RELATIONSHIP TO STATE GUIDELINES The State Guidelines are hereby incorporated by reference. These procedures are not meant to replace the State Guidelines but to implement and tailor the general provisions of the State Guidelines to the specific operations of the Costa Mesa Sanitary District (“Public Agency”). The Public Agency may administer its responsibilities under CEQA in any manner which meets the requirements of CEQA, notwithstanding the specific procedure s and provisions set forth in these procedures. If any sections of these procedures are in conflict with or contrary to any provisions of the State Guidelines as they now exist or may be amended hereafter, the State Guidelines shall control. 3. DEFINITI ONS Applicant – A person who proposes to carry out a project which needs a lease, permit, license, certificate, or other entitlement for use or financial assistance from one or more public agencies when that person applies for the government approval or assistance. Approval – The decision by a public agency that commits the agency to a definite course of action in regard to a project intended to be carried out by any person. California Environmental Quality Act (CEQA) – The California Public Resources Code Sections 21000 et seq. Categorical Exception – An exemption from CEQA for a class of projects based on a finding by the Secretary for Resources that the class of projects does not have a significant effect on the environment. Cumulative Impacts – Two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. Decision -Making Body – the Costa Mesa Sanitary District Board of Directors, which has the auth ority by law or ordinance to make a final decision to approve or disapprove the project at issue. 1 2 Discretionary Project – An activity defined as a project which requires the exercise of judgment or deliberation when the public agency or body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations . District – Costa Mesa Sanitar y District. Effects - "Effects" and "impacts" as used in these Guidelines are synonymous. They include: A. Direct or primary effects which are caused by the project and occur at the same time and place. B. Indirect or secondary effects which are caused by th e project and are later in time or farther removed in distance, but are still reasonably foreseeable. Indirect or secondary effects may include growth -inducing effects and other effects related to induced changes in the pattern of land use, population dens ity, or growth rate, and related effects on air and water and other natural systems, including ecosystems. C. Effects analyzed under CEQA must be related to a physical change. Emergency – A sudden, unexpected occurrence, involving a clear and imminent dang er, demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrenc es as riot, accident, or sabotage . District Engineer – The designated person responsible for CEQA functions on a particular project. Environment – The physical conditions which exist in the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, and ambient noise, objects of historic or aesthetic significance. Environmental Documents – Initial Studie s, Negative Declarations, Mitigated Negative Declarations, Draft and Final Environmental Impact Reports (EIR) documents prepared as substitute for EIRs and Negative Declarations under a program certified pursuant to Public Resources Code Section 21080.5, a nd documents prepared under National Environment Policy Act (NEPA) and used by a state or local agency in the place of an Initial Study, Negative Declaration, Mitigated negative Declarations, or an EIR. 3 Environmental Impact Report (EIR) – A detailed state ment setting forth the environmental effects and consideration pertaining to a project, as specified in Section 21100 of the California Environmental Quality Act. A. Draft EIR – An EIR containing the information specified in these Guidelines and the State Gu idelines. B. Final EIR – An EIR containing the information specified in these Guidelines and the State Guidelines, including a section for comments received in the review process, list of persons commenting, and the responses to the comments received. Feasi ble – Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social and technological factors. Historic Resource – A resource as defined in Section 15064.5 of the State Guidelines. Impacts – See Effects. Initial Study – A preliminary analysis prepared by the Lead Agency to determine whether an EIR or a Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR. Jurisdiction by Law – The authority of any public agency to: A. Grant a permit or other entitlement for use; B. Provide funding for the project in question; or C. Exercise authority over resources that may be affected by the project. Lead Agency – The public ag ency that has the principal responsibility for carrying out or approving a project. Where more than one public agency is involved with the same underlying activity, under these Guidelines, the Lead Agency is the District. Local Agency – Any public agency other than a state agency, board, or commission. Local agency includes, but is not limited to the District and any board, commission, or organization subdivision thereof when so designated by order or resolution of the governing legislative body of the l ocal agency. 4 Ministerial Projects – As a general rule, includes those activities defined as projects which are undertaken or approved by a governmental decision which a public officer or public agency makes upon a given state of facts in a prescribed mann er in obedience to the mandate of legal authority. With these projects, the officer or agency must act upon the given facts without regard to his own judgment or opinion concerning the propriety of wisdom of the act, although the statute, ordinance, or re gulation may required, in some degree, a construction of its language by the officer. Mitigation – Definition of “mitigation” includes: A. Avoiding the impact altogether by not taking a certain action or parts of an action. B. Minimizing impacts by limiting t he degree or magnitude of the action and its implementation. C. Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. D. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. E. Compensating for the impact by replacing or providing substitute resources or environments. Mitigated Negative Declaration – A negative declaration prepared for a project when the initial study has identified potentially significant e ffects on the environment, but A. R evisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and B. T here is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment. Nega tive Declaration – A written statement by the Lead Agency briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and therefore does not require the preparation of an EIR. 5 Notice of Completion – A brief notice to be filed by a public agency after a Draft EIR is completed when it approves or determines to carry out a project which is subject to the requirements of CEQA. Notice of Determination – A brief notice that is filed after a public agency has approved a project in which either a Negative Declaration, Mitigated Negative Declaration or EIR has been prepared. Notice of Exemption – A brief notice which may be filed by a public agency after it has decided to carry out or approve a project and has determined that the project is exempt from CEQA as being ministerial, categorically exempt, an emergency, or subject to another exemptio n from CEQA. Such a notice may also be filed by an applicant where such a determination has been made by a public agency which must approve the project. Notice of Preparation – A brief notice sent by a Lead Agency to notify the Responsible Agencies, Trus tee Agencies, and involved federal agencies that the Lead Agency plans to prepare an EIR for the project. Person – Includes any person, firm, association, organization, partnership, business, trust, corporation, company, district, county, city and county, city, town, the state, and any of the agencies’ political subdivisions of such entities. Private Project – A project that will be carried out by a person other than a governmental agency, but the project will need discretionary approval from one or more government agencies for: A. A contract or financial assistance, or B. A lease, permit, license, certificate, or other entitlement for use. Project - T he whole of an ac tion resulting in physical impact on the environment, directly or ultimately that is any of the following: A. An activity directly undertaken by any public agency 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 ord inances, and the adoption and amendment of local General Plans or e lements thereof . 6 B. An activity undertaken by a person which is supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies. C. An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. D. Any project of statewide, regional or area wide significance as defined by State Guidelines Section 15206. “Project s” does not include: A. Anything specifically exempted by state law. B. Proposals for legislation to be enacted by the State Legislature. C. Continuing administrative or maintenance activities, such as purchases for suppl ies, personnel -related actions, emergency repairs to public service facilities, general policy and procedures making (except as they are applied to specific instances covered above), feasibility or planning studies. D. The submittal of proposals to vote of t he people of the state or of a particular community that does not involve a public agency sponsored initiative. E. The creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. F. Organizational or administrative activities that will not result in direct or indirect physical changes in the environment. Public Agency – Includes any state agency, board, or commission and any local or regional agency. As used in these Guidelines, Public Agency in the capitalized term means the District and the respective board as the Lead Agency for a project. This term does not inclu de agencies of the federal government or courts of the state. Responsible Agency – Any public agency which proposes to carry out or approve a project, for which a Lead Agency is preparing or has prepared an EIR, Negative Declaration or Mitigated Negative Declaration. For the purposes of CEQA, the term “Responsible Agency” includes all public agencies other than the Lead Agency, which have discretionary approval power of the project. Significant Effect – A substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. 7 An economic or social change by itself shall not be co nsidered as significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant. State Agency – A government agency in the executive branch of the State Government or an entity which operates under the direction and control of an agency in the executive branch of the State Government and is funded primarily by the State Treasurer. Substantial Evi dence – Enough relevant information and reasonable interferences from this information that a fair argument can be made to support a conclusion, even though other conclusion might also be reached. Substantial evidence shall include facts, reasonable assum ptions predicated upon facts, and expert opinion supported by facts. Trustee Agency – A state agency having jurisdiction by law over natural resources affected by a project that are held in trust for the people of the State of California. 4. INITIAL PROC ESS The CEQA process involves a series of procedural and substantive steps to determine if CEQA applies to a given activity, and if CEQA applies, to identify potential environmental impacts and methods of mitigating such impacts. Below are steps that mu st incur to determine if CEQA applies: Step 1 – To determine if an activity, proposals, or action meets the definition of a “project” pursuant to CEQA. If it does not meet the definition of a project under CEQA, no further action under CEQA is required. Step 2 – If the activity is defined as a project pursuant to CEQA, determine if the project is either statutorily or categorically exempt from further CEQA review. If the project is exempt, no further CEQA review is required, unless it falls under one of the exceptions to the exemptions state in State Guidelines Section 15300.2. Step 3 – If an activity qualifies as a project under CEQA and is not specifically exempted from further review, then an Initial Study shall be prepared to describe and evaluate t he potential environmental impacts of the project. This process will lead to either the preparation of a Negative Declaration, a Mitigated Negative Declaration or an EIR. 5. DELEGATION OF RESPONSIBILITY TO DISTRICT ENGINEER The District Engineer position shall be responsible for the following CEQA functions on projects for which the District has CEQA responsibilities: 8 A. Determining if an activity, proposals, or action meets the definition of a “project” pursuant to CEQA. B. Determining if the project is either statutorily or categorically exempt from further CEQA review. C. Preparation of a Negative Declaration, Mitigated Negative Declaration or EIR. The District Engineer can recommend hiring an outside consultant to perform an EIR. D. Ensuring that a Nega tive Declaration, Mitigated Negative Declaration or EIR has been completed within applicable time limits and in compliance with CEQA and the State Guidelines. E. Filing of applicable notices and any other documents required or authorized by CEQA and the State Guidelines 6. PRELIMINARY REVIEW FOR EXEMPTIONS Exemptions specified in the State Guidelines are qualified in that such projects must be considered in light of the location of the project (Section 15300.2). A project that is ordinarily insignificant in it s impact on the environment may, in a particularly sensitive environment, be significant. In addition, no project that may cause a substantial adverse change in the significance of a historic resource as specified in Section 21084.1 of CEQA shall be exemp ted from review. The District Engineer shall be responsible for identifying historic resources and whether or not adverse changes will result for the purpose of determining if CEQA, exemptions apply. The threshold of what constitutes substantial adverse change is set forth in Section 5020.1 of the State of California Public Resources Code. 7. EXEMPTIONS Where it can be seen with certainty that there is no possibility that a project may have a significant effect on the environment, the requirements of CE QA do not apply and an EIR or Negative Declaration are not required. The initial analysis includes the review of the statutory exemptions set forth in Article 18 of the State Guidelines or Section 21080 of CEQA, and the categorical exemptions set forth in Article 19 of the State Guidelines. A. Statutory Exemptions – Article 18 of the State Guidelines list projects that the California Legislature has exempted from the requirements of CEQA, and are hereby incorporated by reference. Noteworthy statutory exempt ions include: 1. Feasibility and Planning Studies – A project that involves only feasibility or planning studies for possible future actions that the Public Agency has not 9 yet approved, adopted, or funded is exempt. This exemption does not apply to adoption of a plan with a legally binding effect on later activities. 2. Ministerial Projects – A project which is undertaken or approved by the District upon a given set of facts, in a prescribed manner, and in obedience to statute, ordinance, regulations or other legal mandate, and which involves little or no personal judgment about the wisdom or manner or carrying out the project. Ministerial projects are hereby determined to include, but not limited to: a. Issuance of sewer permits. b. Issuance of interim permits, r egular permits and/or conditional waiver permits for wastewater discharge. c. Approved of individual sewer connections and/or disconnections. Where a project involves an approval that contains elements of both ministerial and discretionary actions, the projec t will be deemed to be discretionary and will be subject to the requirements of CEQA. 3. Emergency Projects – The following types of emergency projects are exempt: (The term “emergency” is defined in State Guidelines Section 15359). a. Work in a disaster -stricke n area in which a state of emergency has been proclaimed by the Governor pursuant to Section 8550 of the Government Code. b. Emergency repairs to public service facilities necessary to maintain service and which are essential to the public health, safety or w elfare. c. Actions necessary to prevent or mitigate an emergency. 4. Disapproved Projects – Projects which the Public Agency rejects or disapproves are exempt. An applicant shall, however, not be relieved of paying the costs for an EIR, Mitigated Negative Declaration or Negative Declaration prepared for a project prior to the Public Agency’s disapproval of the project. 5. Rates, Fees and Charges – The establishment, modification, structuring, restructuring or approval of rates, fees or other charges by the Public 10 Agency which the Public Agency finds are for one or more of the purposes listed belo w are exempt. a. Meeting operating expenses, including employee wage rates and fringe benefits; b. Purchasing or leasing supplies, equipment or materials; c. Meeting financial reserve needs and requirements; d. Obtaining funds for capital projects necessary to maintai n service within existing service areas; and e. Obtaining funds necessary to maintain such intra -district transfers as are authorized by district operations code. When a Public Agency determines that one of the aforementioned activities pertaining to rates, f ees or charges is exempt from the requirements of CEQA, it shall incorporate written findings in the records of any proceedings in which such an exemption is claimed setting forth with specificity the basis for the claim of exemptions. 6. Subsurface Pipelines Within a Public Right -of -Way – A project to install, maintain, repair, restore, recondition, relocate, replace, remove or demolish a subsurface pipeline is exempt where the project is less than one mile in length and located within a public street, highwa y or any other public right -of -way and/or as defined in PRC § 21080.21 . B. Categorical Exemptions – The State Guidelines define certain classes of projects that have been determined not to have a significant effect on the environment and which, therefore, are exempt from the provisions of CEQA. The classes of projects listed in Article 19 of the State Guidelines. The following class of categorical exemptions is listed to reflect circumstances that are unique to the District. The remaining classes of exemptio ns not listed herein as set forth in Sections 15300 through 15333 of the State Guidelines are hereby incorporated by reference, including any amendments or additions thereto. 1. Class 1 Existing Facilities The operation, repair, maintenance, permitting, leasi ng, licensing, or minor alteration of existing or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination . 11 2. Class 2 Replacement or Reconstruction C onsists 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 th e structure replaced 3. Class 3 New Construction or Conversion of Small Structures Consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. 4. Class 4 Minor Alterations to Land Minor public or private alterations in the condition of land, water, and/or ve getation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. 5. Class 9 Inspections Consist of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products . 6. Class 11 Accessory Structures Consists of construction, or placement of minor structures accessory to (appu rtenant to) existing commercial, industrial, or institutional facilities, including but not limited to: (a) On -premise signs; (b) Small parking lots; (c) Placement of seasonal or temporary use items such as lifeguard towers, mobile food units, portable restrooms, or similar items in generally the same locations from time to time in publicly owned parks, stadiums, or other facilities designed for public use. 7. Class 12 Sale of Surplus Government Property The sales of surplus government property, except for parcels of land located in an area of statewide, regional or area wide concern identified in 12 Section 15206(b)(4) of the State Guidelines, unless, fo r those parcels identified in said section: a. the property does not have significant values for wildlife habitat or other environmental purposes; and b. Any of the following conditions exist: (1) The property is such size, shape, or inaccessibility that it is incap able of independent development or use; or (2) The property to be sold would qualify for an exemption under any other class of categorical exemptions in the State Guidelines; or (3) The use of the property and adjacent property has not changed since the time of pu rchase by the public agency. 8. Enforcement Action by Regulatory Agencies Consists of: (a) Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or a dopted by the regulatory agency. Such actions include, but are not limited to, the following: (1) The direct referral of a violation of lease, permit, license, certificate, or entitlement for use or of a general rule, standard, or objective to the Attorney G eneral, Dis trict Attorney, or District Counsel as appropriate, for judicial enforcement; (2) The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective. (b) Law enforcement activities by peace officers acting under any law that provides a criminal sanction; (c) Construction activities undertaken by the public agency taking the enforcement or revocation action are not included in this exemption. 13 C. Notice of Exemption – If the District Engineer determines that a project is exempt under these Procedures and the State Guidelines, he/she may prepare a Notice of Exemption as provided in Section 15062 of the State Guidelines, which Notice of Exemption shall contain all of the following: 1. A brief descr iption of the project. 2. The location of the project (either by street address and cross street for a project in an urbanized area or by attaching a specific map acceptable to the District Engineer or as suggested by the State Guidelines). 3. A finding that the project is exempt from CEQA, including a citation to the State Guidelines section or statute under which it is found to be exempt. 4. A brief statement of reasons to support the finding. The Notice of Exemption shall not be filed with the District Clerk’s Of fice or the County Clerk until after the Public Agency has approved the project. The filing of a Notice of Exemption starts a 35 -day statute of limitations on legal challenges to the Public Agency’s determination that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180 -day statute of limitation will apply. For exempt Public Agency sponsored projects, the District proposing the project is responsible for the filing of a Notice of Exemptions, and the payment of any filing fees. 8. PRO CEDURES FOR THE CONDUCT OF INITIAL STUDIES (PRELIMINARY ASSESSMENT) A. Determination that Initial Study should be conducted – If a project is subject to the requirements of CEA and not exempted by these Procedures, the District Engineer shall conduct an Initi al Study to determine if the project may have a significant effect on the environment. If the District Engineer can determine that an EIR clearly will be required for the project, an Initial Study is not required but may still be made if determined to be desirable. If it is determined that an Initial Study is required for a project, all phases of project planning, implementation, and operation shall be considered. An initial Study or similar analysis prepared pursuant to NEPA may be used to meet the requirements of this Section. B. Results of Initial Study – The Initial Study shall be used to provide a written determ ination of whether a Negative Declaration, Mitigated Negative Declaration or an EIR shall be prepared for a project. 14 If the District Engineer determines that there is substantial evidence that any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, the Dis trict Engineer shall cause an EIR to be prepared. A new EIR need not be prepared if the District Engineer determines that previously prepared EIR would adequately analyze the project under consideration. If the District Engineer determines that there is n o substantial evidence that the project or any of its aspects may cause a significant effect on the environment, the District Engineer shall cause a Negative Declaration to be prepared. If the District Engineer determines that there are identified potentia lly significant effects but revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and there is no substantial evidence, in light of the whole record before the Public Agency, that the project as revised may have significant effect on the environment, the District Engineer shall cause a Mitigated Negative Declaration to be prepared. C. Determining Significant Effect – The dete rmination of whether or not a project may have a significant effect on the environment shall be made as required by Section 15064 of the State Guidelines and Section 21082.2 of CEQA. D. Contents – An Initial Study shall contain, in brief form, the following: 1. A description of the project, including location. 2. An identification of the environmental setting. 3. An identification of environmental effects by use of a checklist, matrix or other method. 4. A discussion of ways to mitigate the significance effects identified , if any. 5. An examination of whether the project is compatible with existing zoning, plans, and other applicable land use controls. 6. The name of the person or persons who prepared or participated in the Initial Study. E. Consultation - As soon as the District Engineer has determined that a project is not exempt and that an Initial Study will be required to determine whether a Negative Declaration, Mitigation Negative Declaration or an EIR is required, 15 the District Engineer shall consult informally with all resp onsible agencies and all trustee agencies responsible for resources affected by the project to obtain the recommendations of those agencies as to whether an EIR, Mitigated Negative Declaration or a Negative Declaration should be prepared. A responsible age ncy or trustee agency shall only make comments within their areas of expertise and must support comments by specific documentation, pursuant to Section 21153 of CEQA. F. Mandatory Findings of Significance – The District Engineer or Public Agency shall find th at a project may have a significant effect on the environment and thereby require an EIR to be prepared for the project where there is substantial evidence, in light of the whole record, that any of the following conditions may occur. 1. The project has the p otential of substantially 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; s ubstantially reduce the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory. 2. The project has the potential to achieve short -term environmental goals to the disadvantage of long -term environmental goals. 3. The project has possible environmental effects that are individually limited but cumulatively considerable. “Cumulatively considerable” means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. 4. The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. If, however, prior to the commencement of the preliminary review, the applicant agrees to mitigation measures or project modifications that would avoid any significant effect on the environment or would mitigate the signific ant effect to a point where clearly no significant effect on the environment would occur, an EIR need to be prepared solely because, without mitigation, the environmental effects at issue would be have been significant. 16 Furthermore, where a proposed projec t has the potential to substantially reduce the number or restrict the range of an endangered, rare, or threatened species, the District Engineer or Public Agency need not prepare an EIR solely because such effect if: 1. The applicant is bound to implement mitigation requirements relating to such species and habitat pursuant to an approved habitat conservation plan or natural community conservation plan; 2. The state or federal agency approved the habitat conservation plan or natural community conservation plan in reliance on an environmental impact report or environmental impact statement; and 3. Such requirements avoid any net loss of habitat and net reduction in number of the affected species; or 4. Such requirements preserve, restore or enhance sufficient habitat to mitigate the reduction in habitat and number of affected species to below a level of significance. G. EIR Preparation after Findings of Significance – If the Public Agency determines that any of the conditions listed in Section 8F above will occur, requiri ng the preparation of an EIR, then such determination shall apply to the District Board of Directors : 1. The identification of effects to be analyzed in depth in the EIR; 2. The requirement to make detailed findings on the feasibility of alternative or mitigatio n measures to substantially lessen or avoid the significant effects on the environment; 3. When found to be feasible, the making of changes in the project to substantially lessen or avoid the significant effects on the environment; and 4. Where necessary, the re quirement to adopt a statement of overriding consideration. 9. PROCEDURES FOR THE PREPARATION OF NEGATIVE DECLARATIONS A. Determination to Prepare Negative Declaration or Mitigated Negative Declaration – The District Engineer shall prepare or direct the pr eparation of a Negative Declaration or Mitigated Negative Declaration for a project under the following circumstances: 17 1. Negative Declaration: The Initial Study, in light of the whole record, shows there is no substantial evidence that the project may ha ve a significant effect on the environment; or 2. Mitigated Negative Declaration: The Initial Study identified potentially significant effects but revisions in the project plans or proposals made by or agreed to by the applicant before the proposed Mitigat ed Negative Declaration is released for public review would avoid or mitigate the effects to a point where clearly no significant effects would occur, and there is not substantial evidence before the District Engineer that the project as revised may have a significant effect on the environment. B. Contents – A Negative Declaration or Mitigated Negative Declaration circulated for public review shall include: 1. A brief description of the project, including a commonly us ed name for the project, if any. 2. The location of the project, preferably shown on a map, and the name of the project proponent. 3. A proposed finding that the project will not have a significant effect on the environment. 4. An attached copy of the Init ial Study documenting reasons to support the finding. 5. Mitigation measures, if any, included in the project to avoid potentially significant effects. C. Public Notice of Intent to Adopt – Notice of the decision -making body’s intent to adopt a Negative De claration or Mitigated Negative Declaration (“Notice”) shall be provided to the public within a reasonable period (20 -day minimum, 30 day minimum period if submitted to the State Clearinghouse pursuant to State Guidelines Section 15105)of time prior to ado ption by the decision - making body of the Negative Declaration or Mitigated Negative Declaration. Notice shall be given to all organizations and individuals who have previously requested such notice in writing and shall also be given by at least one of the following procedures: 1. Publication at least one time by the Public Agency in a newspaper of general circulation in the area affected by the proposed project. 2. Posting of notice and off site in the area where the project is to be located. 18 3. Direct mailing to owners of property contiguous to the project as such owners are shown on the latest equalized assessment roll. Notice of the proposed Negative Declaration or Mitigated Negative Declaration shall be sent to the County Clerk for the County of Oran ge and every responsible agency and trustee agency concerned with the project and every other public agency with jurisdiction by law over resources affected by the project. Notice to responsible, trustee and other public agencies with jurisdiction by law over resources affected by the project shall include a copy of the proposed Negative Declaration or Mitigated Negative Declaration and the Initial Study. D. Contents of Public Notice – The Notice shall specify: 1. A brief description of the project and its locat ion. 2. The starting and ending dates for the review period during which the Public Agency will receive comments, including the starting and ending dates for the review period. 3. The date, time, and place of any scheduled public meetings or hearings on the proj ect. 4. The address of the location where copies of the draft Negative Declaration of draft Mitigated Negative Declaration and all documents referenced in the draft Negative Declaration or draft Mitigated Negative Declaration are available for public review. 5. The presence of the site on any of the lists of sites enumerated under Section 65962.5 of the Government Code, including, but not limited to, lists of hazardous waste facilities, land, designated as hazardous waste property, hazardous waste disposal sites and others, and the information in the Hazardous Waste and Substances Statement required under subsection (f) of that section. E. Public Review Period – The District Engineer shall provide a public review period which is properly noticed in accordance with Se ction 9C above. This period shall be a reasonable period of time sufficient to allow members of the public time to respond to the proposed finding before the Negative Declaration or Mitigated Negative Declaration is approved. A minimum of 20 - day period o f review shall be provided. When a Negative Declaration or Mitigated Negative Declaration is submitted to the State Clearinghouse for review as required in Section 9F below, the 19 normal review period is 30 days. The State Clearinghouse may set a shorter re view period when requested by the Public Agency due to exceptional circumstances The public review period shall be at least as long as the review period established by the State Clearinghouse. F. Review by State Agencies – Where one or more state agencies wi ll be a responsible agency or a trustee agency or will exercise jurisdiction by law over natural resources affected by the project or where the project is deemed to be of statewide, regional, or area wide significance, as defined in Section 15206 of the St ate Guidelines, copies of the draft Negative Declaration or Mitigated Negative Declaration shall be sent to the State Clearinghouse for distribution to the state agencies. G. Consideration of a Draft Negative Declaration or Mitigated Negative Declaration – An y determination by the District Engineer that a Negative Declaration or Mitigated Negative Declaration should be adopted, shall be forwarded to the Board of Directors for review. If the Board of Directors finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration or Mitigated Negative Declaration. If, on the other hand, the Board of Directors finds that the proposed project may have a significant effect on the environment, it shall direct the prepar ation of an EIR. H. Approval or Disapproval of a Project – Prior to the Board of Directors project approval, the District Engineer shall consider the draft Negative Declaration or draft Mitigated Negative Declaration together with any comments received during the public review process. Any written comments received during the public review process will be forwarded to the District E ngineer . After review by the District Engineer the project and the draft Negative Declaration or draft Mitigated Negative Declaration, and any recommendation thereto, shall be forwarded to the Board of Directors for final review and approval or disapprova l. I. Mitigation Monitoring Program/Plan – In conjunction with adoption of a Mitigated Negative Declaration, the Public Agency shall also, pursuant to State Guidelines Section 15097, adopt a program of monitoring to ensure that the required mitigation measure s are implemented. Mitigation monitoring can also be implemented in the form of project conditions of approval. J. Notice of Determination Based Upon a Negative Declaration or Mitigated Negative Declaration – After the decision -making body has made a decisio n to carry out or approve a project for which a Negative Declaration or Mitigated Negative Declaration has been prepared and approved, the Public Agency 20 shall prepare a Notice of Determination. The Notice of Determination shall include: 1. An identification o f the project including the project title as identified in the proposed Negative Declaration or Mitigated Negative Declaration, its location and the State Clearinghouse identification number for the proposed Negative Declaration or Mitigated Negative Decla ration if the Notice of Determination is filed with the State Clearinghouse. 2. A brief description of the project. 3. The Public Agency’s name and the date on which the Public Agency approved the project. 4. A determination that the project will not have a signifi cant effect on the environment. 5. A statement that a Negative Declaration or Mitigated Negative Declaration was adopted pursuant to the provisions of CEQA. 6. A statement indicating whether mitigation measures were made a condition of the approval of the projec t, and whether a mitigation monitoring plan/program was adopted. 7. The address where a copy of the Negative Declaration or Mitigated Negative Declaration may be examined. The Notice of Determination shall be filed with the County Clerk within five working da ys after deciding to carry out or approval of the project by the decision -making body. If a project has more than one phase, a notice of determination shall be filed for each phase requiring a discretionary approval. If the project requires a discretiona ry approval from any state agency, the Notice of Determination shall also be filed with the State Office of Planning and Research. The filing and posting of a Notice of Determination with the County Clerk and, if necessary, with the Office of Planning and Research, starts at 30 -day statute of limitations of court challenges to the approval under CEQA. K. Federal Projects – For projects where federal involvement might require the preparation of a finding of no significant effect, the provisions of Article 14 of the State Guidelines shall be followed in addition to the procedures set forth in this Section. 21 10. PROCEDURES FOR THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS (EIR) A. Decision to Prepare an EIR – In the event the District Engineer or the decision -mak ing body determines that a project, which is not exempt, may have a significant impact on the environment, the District Engineer or decision making body shall prepare or direct the preparation of a Draft EIR for the project. The project applicant shall pr ovide any information requested for the preparation of an EIR. In connection with preparation of a Draft EIR, the procedures contained in this Section and the State Guidelines shall be followed. B. Notice of Preparation 1. Immediately after determining th at an EIR will be required for a project, the District Engineer shall send a Notice of Preparation by certified mail or other method of transmittal that provides it with a notice that the Notice has been received, to the State Clearinghouse and to each responsible agency and trustee agency responsible for resources af fected by the project, and to each federal agency involved in approving or funding the project. 2. The Notice of Preparation shall provide the responsible agencies with sufficient information describing the project and the potential environmental effects to enable the responsible agencies to make a meaningful response. At a minimum, the information shall include: a. Description of the project. b. Location of the project (either by street address and cross street, for a project in an urbanized area or by attaching a specific map acceptable to the District Engineer or as suggested by the State Guidelines). c. Probable environmental effects of the project. 3. The State Clearinghouse and agencies to which a Notice of Preparation is sent shall have 30 days fr om receipt of the Notice by the State Clearinghouse to respond in the form and manner et forth in Section 15082(b) of the State Guidelines. If an agency fails to respond by the end of the 30 -day period or make a well justified request for additional time to respond which is approved by the Public Agency, it shall be presumed that the agency has no response to make. 22 4. The State Clearinghouse identification number shall be referenced on all subsequent correspondence regarding the project, specifically on th e title page of the draft and final EIR and the Notice of Determination. C. Early Public Consultation – Prior to completing the Draft EIR, the District Engineer may consult directly with any person or organization he or she believes will be concerned with the environmental effects of the project. Where the District Engineer , a responsible agency, a trustee agency, or the project applicant has requested a meeting between the representative of the agencies involved to assist in determining the scope and cont ent of a proposed EIR, the District Engineer shall convene such a meeting as soon as possible, but not later than 30 days after receiving the request for the meeting. D. Scoping - The Public Agency may, at its discretion, conduct a scoping meeting on any E IR. However, the Public Agency shall notice and call at least one scoping meeting for any project of statewide, regional or area wide significance, as defined by Section 15206 of the State Guidelines. Notice of the scoping meeting for projects of statewi de, regional or area wide significance shall be provided to all of the following: 1. Any county, district or city that borders on a county, district or city within which the project is located, unless otherwise designated annually by agreement between the lea d agency and the county, district or city. 2. Any responsible agency. 3. Any public agency that has jurisdiction by law with respect to the project. 4. Any organization or individual who has filed a written request for the notice. E. Preparation of Draft EIR 1. One of the following methods or a combination of them may be used for preparing a Draft EIR: a. Preparing the Draft EIR directly with the Public Agency staff. b. Contracting with another entity, public or private, to prepare the Draft EIR. c. Accepting a draft prepared by a consultant retained by the Public Agency and paid by the applicant, or any other person. 23 d. Using a previously prepared EIR. 2. If a Draft EIR is prepared by a person other than the Public Agency staff, the Draft EIR shall be reviewed and analyzed by the District before it is sent out for public review to ensure its accuracy, objectivity and completeness. The Draft EIR shall also reflect the independent judgment of the Public Agency. 3. The District may require the applicant to supply data and information to determine whether the project may have a significant effect on the environment and to assist the District in preparing the Draft EIR. The applicant shall also be required to identify any other public agencies that will have jurisd iction by law over the project. 4. The applicant shall pay an EIR processing fee established by the Board of Director resolution and shall pay the actual costs of preparing and printing the Draft EIR. F. Form and Content of EIR – The required contents of a n EIR are set forth in Article 9 of the State Guidelines. Briefly summarizing each of those requirements, an EIR shall contain: 1. A table of contents or an index. 2. A brief summary of the proposed project and its consequences. 3. A description of the proposed project. 4. A description of the project’s environmental setting, from both a local and regional perspective. 5. A discussion of any inconsistencies between the proposed project and applicable general, specific and regional plans. 6. A discussion of environmental impacts on all phases of the project, which includes planning, acquisition, development and operation. The subjects set forth below need to be discussed in separate sections or paragraphs in the EIR: a. Significant environmental effects on the project. b. Significant environmental effects that cannot be avoided if the project is implemented. 24 c. Significant irreversible environmental changes which would be involved in the proposed project should it be implemented. d. Growth -inducing impa cts of the project. e. The mitigation measures proposed to minimize the significant effects. The EIR must describe any mitigation measures written into the project plan to reduce significant environmentally adverse impacts to insignificant levels, and the basis of considering these levels acceptable. Where a particular mitigation measure has been chosen from among several alternatives, it should be discussed and reasons should be given for the choice made. f. Alternatives to the project. The EIR must describe any known alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project and why they were rejected in favor of the ultimate choice. The specific alternative of “No Project” must al ways be evaluated, along with the impact. Attention should be paid to alternatives capable of substantially reducing or eliminating any environmentally adverse impacts, even if these alternatives substantially impede the attainment of the project objectiv es, and are more costly. State Guidelines Section 15126.6 shall be followed. g. A discussion of any significant cumulative effects of the project, pursuant to State Guidelines Section 15130, including a discussion of effects not cumulatively considerable as outlined therein. h. A discussion of any social and economic changes resulting in a physical impact. i. A statement briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and, therefor e, were not discussed in the EIR. Such a statement may be contained in an attached copy of an Initial Study. j. The identity of all federal, state or local agencies, other organizations and private individuals consulted in preparing the Draft EIR, and the persons, firm or agency preparing the Draft EIR, by contract or other authorization. 25 G. Notice of Completion – As soon as the Draft EIR is completed, the District Engineer shall file a Notice of Completion in printed form or electronically with the Office of Planning and Research. The Notice of Completion shall include: 1. A brief description of the project. 2. The proposed location of the project (either by street address and cross street, for a project in an urbanized area or by attaching a specific ma p acceptable to the District Engineer or as suggested by the State Guidelines). 3. An address where copies of the Draft EIR are available. 4. The review period during which comments will be received on the Draft EIR. Where the EIR will be reviewed throug h the state review process handled by the State Clearinghouse, the notice of completion cover form required by the State Clearinghouse will serve as the notice of completion. H. Review of Draft EIR by Other Agencies and Persons – Upon the filing of a Notice o f Completion, the District Engineer shall submit for review copies of the Draft EIR to each responsible agency, trustee agency and any other public agency having jurisdiction by law with respect to the project. The District Engineer may also consult with a nd obtain comments from any person known to have special expertise with respect to any environmental impact involved whose comments relative to the Draft EIR would be desirable. Copies of the Draft EIR shall also be made available on the District’s website . Any person obtaining a hard copy of the Draft EIR shall reimburse the District for not more than the actual cost of its reproduction. I. Public Review of Draft EIR – The public review period for the Draft EIR shall not be less than 30 days nor should it b e longer than 60 days except under unusual circumstances. If the Draft EIR is submitted to the State Clearinghouse for review, the review period shall not be less than 45 days. 1. The Public Agency shall provide public notice of the availability of a Draft E IR at the same time it sends a Notice of Completion to the Office of Planning and Research. Notice shall be mailed to the last known name and address of all organizations and individuals who have previously 26 requested such notice in writing, and shall also be given by at least one of the following procedures: a. Publication at least one time by the Public Agency in a newspaper of general circulation in the area affected by the project. b. Posting of the notice on and off the site in the area where the project is to be located. c. Direct mailing to owners of property and occupants contiguous to where the project is located, as such owners are shown on the latest equalized assessment roll. The alternative for providing notice specified above shall not preclude the Publ ic Agency from providing additional notice by other means if the Public Agency so desires, nor shall the requirements of this Section preclude the Public Agency from providing the public notice required by this Section at the same time and in the same mann er as public notice otherwise required by law for the project. 2. The notice shall disclose the following: a. A brief description of the proposed project and its location. b. The starting and ending dates for the review period during which the Public Agency will r eceive comments. If the review period is shortened, the notice shall disclose the fact. c. The date, time and place of any scheduled public meetings or hearings to be held by the Public Agency on the proposed project when known to the Public Agency at the ti me of notice. d. A list of the significant environmental effects anticipated as a result of the project, to the extent that such effects are known as the Public Agency at the time of the notice. e. The address where copies of the Draft EIR and all documents refe renced in the Draft EIR will be available for public review. f. The presence of the site on any of the lists of sites enumerated under Section 65962.5 of the Government Code, including, but not limited to, lists of hazardous waste facilities, land designated as hazardous waste property, hazardous waste disposal sites, and others, and the information in the 27 Hazardous Waste and Substance Statement required under subsection (f) of that Section. 3. The notice required under this Section shall be posted in the off ice of the County Clerk for a period of at least 30 days. J. Evaluation and Response to Comments – The District shall evaluate and respond to comments that raise significant environmental issues received from persons who received the Draft EIR and make any significant changes resulting from the response to comments by revising the text in the body of the EIR or including marginal notes showing that the information is revised in response to comments. The District Engineer shall provide a written proposed response to any public agency on comments made by that public agency at least 10 days prior to certifying the EIR. K. District Study Session on Draft EIR – At a public hearing, the Board of Directors shall hold a study ses sion to review the Draft EIR and shall make recommendations for the Board of Directors to consider at a regular Board meeting regarding the following items: 1. Whether the Draft EIR has been completed in compliance with CEQA. 2. Whether the project will have a s ignificant effect on the environment, and, if so; 3. Whether the changes or alternatives proposed for the project, together with any changes or alterations that come forth as part of the public hearing on the Draft EIR, will avoid or substantially lessen the significant environmental effects as identified in the Draft EIR. L. Preparation of Final EIR – Prior to the public hearing at the Board of Director’s regular meeting, it shall be the responsibility of the District Engineer to prepare (or cause to be prepared) a Final EIR. The contents of a Final EIR are specified in Section 15132 of the State Guidelines. The Final EIR shall consist of: 1. The Draft EIR or a revision of the draft. 2. Comments and recommendations received on the Draft EIR either verbatim or in summary. 3. A list of persons, organizations, and public agencies commenting on the Draft EIR. 28 4. The response of the Public Agency to significant environmental points raised in the review and consultation process. 5. Any other infor mation added by the Public Agency. The Public Agency shall review the Final EIR and related project concurrently. M. Public Agency Public Hearing and Certification of Final EIR – The Final EIR shall be presented to the Public Agency, together with the Board o f Directors Study Session minutes of the public hearing, for Public Agency consideration at a public hearing and use in the decision -making process. Following the public hearing, and prior to approvin g the project, the Board of Directors shall certify that : 1. The Final EIR has been completed in compliance with CEQA. 2. The Final EIR was presented to them, and that they reviewed and considered the information contained in the Final EIR prior to approving the project; and 3. The Fina l EIR reflects the Board of Direct or s independent judgment and analysis. N. Findings – The Board of Directors shall not approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless it makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substan tially lessen the significant environmental effect as identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the Public Agency. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other consideration, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or projec t alternatives identified in the Final EIR. 29 The findings required above shall be supported by substantial evidence in the record. O. Mitigation Monitoring or Reporting Program – When adopting a Final EIR or Mitigated Negative Declaration and when making the f indings set forth in Se ction N above, the Board of Directors shall, pursuant to and in compliance with State Guidelines Section 15097, also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a con dition of approval to avoid or substantially lessen the significant environmental effects. P. Statement of Overriding Considerations – 1. CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve a project. If the speci fic economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.” 2. When the Board of Directors approves a project whi ch will result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the Public Agency shall state in writing the specific reasons to support its action based on the Final EIR and/or o ther information in the record. The statement of overriding consideration shall be supported by substantial evidence in the record. 3. If the Board of Directors makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091 of the State Guidelines and state in Section N above. Q. Notice of D etermination – When the Board of Directors has decided to carry out or approve a project, the Public Agency shall prepare a Notice of Determination and within five working days, shall file the Notice of Determination with the County Clerk and, if applicabl e, with the Office of Planning and Research. The Notice of Determination shall include: 1. An identification of the project including the project title as identified on the Draft EIR, and the location of the project (either by street address and cross street for a project in an urbanized area or by attaching a specific 30 map acceptable to the District Engineer or as suggested by the State Guidelines). If the Notice of Determination is filed with the State Clearinghouse, the State Clearinghouse identification n umber for the Draft EIR shall be provided. 2. A brief description of the project. 3. The Public Agency’s name and the date on which the Public Agency approved the project. 4. The determination of the Public Agency whether the project in its approved form will have significant effect on the environment. 5. A statement that an EIR was prepared and certified pursuant to the provisions of CEQA. 6. Whether mitigation measures were made a condition of the approval of the project, and whether a mitigation monitoring plan/program was adopted. 7. Whether findings were made pursuant to Section 15091 of the State Guidelines. 8. Whether a statement of overriding considerations was adopted for the project. 9. The address where a copy of the Final EIR and the record of project approval may be ex amined. 10. The Public Agency shall retain the Notice of Determination for not less than 12 months. 11. SPECIAL TIME LIMITS A. Determination of Environmental Impact – Except as provided in Section D below, the District Engineer ’s initial determination as to wh ether a Negative Declaration, Mitigation Negative Declaration, or an EIR should be prepared shall be made within 30 days from the date on which an application for a project is accepted as complete by the District Engineer . This period may be extended 15 d ays with consent of the applicant. B. Completion and Adoption of Negative Declaration or Mitigated Negative Declaration – For private projects, the Negative Declaration or Mitigated Negative Declaration shall be completed and a recommendation made during a study session of the Board of Directors no later than 105 days from the date 31 on which an application requesting approval or a project is accepted as complete. Completion of a Negative Declaration or Mitigated Negative Declaration within the 105 -day perio d shall include completion of the Initial Study, public review and the preparation of the documents ready for approval by the Board of Directors as appropriate. Completion within the 105 -day period does not include the adoption of the Negative Declaration or Mitigated Negative Declaration by the Board of Directors. The Negative Declaration or Mitigated Negative Declaration shall be approved within 180 days from the date when the application is accepted as complete. In the event that compelling circumstanc es justify additional time and the project applicant consents thereto, the District Engineer may provide for a reasonable extension of the time limit for completing and adopting the Negative Declaration or Mitigated Negative Declaration. C. Completion and Certification of Final EIR – The Final EIR shall be completed and certified by the Public Agency within one year from the date on which an application is accepted as complete by the District Engineer . In the event that compelling circumstances justify add itional time and the project applicant consents thereto, the Public Agency may extend the one -year time limit once for a period of not more than 90 days. D. Projects with Short Time Periods for Approval – Where a statute or ordinance requires the public ag ency to make decisions on permits within time limits that are so short that review of the project under CEQA would be difficult, the District Engineer shall deem an application for a project not received for filing under the permit statute or ordinance unt il such time as progress toward completing the environmental documentation required by CEQA is sufficient to enable the lead agency to finish the CEQA process within the short permit time limit. This section will apply as set forth in Section 15111 of the State Guidelines. E. Suspension of Time Periods – An unreasonable delay by an applicant in meeting requests necessary for the preparation of a Negative Declaration, Mitigated Negative Declaration, or an EIR shall suspend the running of the time periods described in Sections B and C for the period of th e unreasonable delay. Alternatively, the District Engineer may disapprove a project application where there is unreasonable delay in meeting request. 12. AMENDMENTS TO THESE GUIDELINES 32 These Guidelines may be administratively amended by the General Manager with consultation from District Counsel without further approval by any Public Agency, so as to conform to any changes in CEQA and/or the State Guidelines.