Reso 2013-843 i
RESOLUTION NO. 2013-843
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 regulations, 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 CEQA 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 for 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 hereby 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 authorized 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 procedures 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 provisions 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 26th day of September 2013.
01
fJa f - Ferryman Arthur Perry
Pre. gent of the Board of I. ectors 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 Sanitary District, hereby
certify that the above and foregoing Resolution No. 2013-842 was duly and regularly passed and
adopted by the said Board of Directors at a regular meeting thereof held on the 26t day of September
2013.
AYES: President Ferryman, Directors Ooten, Perry, Schafer, Scheafer
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Costa Mesa
Sanitary District this 26th day of September 2013.
Clerk of the Costa Me anitary District
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CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES AND IMPLEMENTING PROCEDURES
Adopted by the Board of Directors on September 26, 2013
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CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES AND IMPLEMENTING PROCEDURES
Adopted by the Board of Directors on September 26, 2013
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
' ii
COSTA MESA SANITARY DISTRICT
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
IMPLEMENTING PROCEDURES
1. PURPOSE
The purpose of these Implementing Procedures is to carry out the California
Environmental Quality Act ("CEQA") in the Costa Mesa Sanitary District. In particular,
these procedures are intended to meet the requirements for public agency
implementing procedures established in Section 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
procedures 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. DEFINITIONS
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 authority by law or ordinance to make a final decision to approve or disapprove
the project at issue.
1
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 Sanitary 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 the 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
density, 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
danger, 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
occurrences 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 Studies, 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, and 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.
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Environmental Impact Report (EIR) — A detailed statement 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 Guidelines.
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.
Feasible — 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 agency 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 local agency.
3
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 manner 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 regulation 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 the 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 effects on the environment, but
A. Revisions 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. There 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.
Negative 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.
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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 exemption 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, Trustee 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 - The whole of an action 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 ordinances, and the adoption and amendment of local General Plans
or elements thereof.
5
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.
"Projects" 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
supplies, 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 the 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 include 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.
6
An economic or social change by itself shall not be considered 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 Evidence — 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 assumptions 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 PROCESS
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
must 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 the potential environmental impacts of the project. This process will lead to
either the preparation of a Negative Declaration, a Mitigated Negative Declaration or an
El R.
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:
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 Negative 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 its 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 exempted 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 CEQA 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 exemptions 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
8
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, regular 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 project 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-stricken 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
welfare.
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
9
•
Agency which the Public Agency finds are for one or more of the purposes
listed below 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 maintain 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, fees 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, highway 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 exemptions 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, leasing, 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.
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2. Class 2 Replacement or Reconstruction
Consists of replacement or reconstruction of existing structures and
facilities where the new structure will be located on the same site as the
structure replaced and will have substantially the same purpose and
capacity as the structure replaced
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
vegetation 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
(appurtenant to) existing commercial, industrial, or institutional facilities,
including but not limited to:
(a) On-premise signs;
(b) Small parking lots;
(c) Placement of seasonal or temporary use items such as lifeguard
towers, mobile food units, portable restrooms, or similar items in generally
the same locations from time to time in publicly owned parks, stadiums, or
other facilities designed for public use.
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
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Section 15206(b)(4) of the State Guidelines, unless, for 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 incapable 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 purchase 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 adopted by the regulatory agency.
Such actions include, but are not limited to, the following:
(1) The direct referral of a violation of lease, permit, license, certificate, or
entitlement for use or of a general rule, standard, or objective to the
Attorney General, District Attorney, or 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.
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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 description 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 Office 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. PROCEDURES 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 Initial 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
determination of whether a Negative Declaration, Mitigated Negative
Declaration or an EIR shall be prepared for a project.
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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 District 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 no 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 potentially
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 determination 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,
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the District Engineer shall consult informally with all responsible agencies and
all trustee agencies responsible for resources affected by the project to obtain
the recommendations of those agencies as to whether an EIR, Mitigated
Negative Declaration or a Negative Declaration should be prepared.
A responsible agency 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 that 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 potential 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; substantially 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
significant 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.
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Furthermore, where a proposed project 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,
requiring 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 mitigation 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 requirement 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 preparation of a
Negative Declaration or Mitigated Negative Declaration for a project under the
following circumstances:
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1. Negative Declaration: The Initial Study, in light of the whole record, shows
there is no substantial evidence that the project may have 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 Mitigated 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 used 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 Initial 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 Declaration 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 adoption 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.
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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 Orange 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 location.
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 project.
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 Section 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 of 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
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normal review period is 30 days. The State Clearinghouse may set a shorter
review 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 will 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 State 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 — Any 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 preparation 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 Engineer. 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
disapproval.
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 measures 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 decision
to carry out or approve a project for which a Negative Declaration or Mitigated
Negative Declaration has been prepared and approved, the Public Agency
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shall prepare a Notice of Determination. The Notice of Determination shall
include:
1. An identification of 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 Declaration 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 significant 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 project, 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 days 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 discretionary 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.
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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-making 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 provide 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 that 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 affected 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 from 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.
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4. The State Clearinghouse identification number shall be referenced on all
subsequent correspondence regarding the project, specifically on the 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 content 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. Scopinq - The Public Agency may, at its discretion, conduct a scoping
meeting on any EIR. 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 statewide, 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 lead 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.
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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 jurisdiction 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 an 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.
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c. Significant irreversible environmental changes which would be
involved in the proposed project should it be implemented.
d. Growth-inducing impacts 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 always 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 objectives, 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.
A statement briefly indicating the reasons that various possible
significant effects of a project were determined not to be significant
and, therefore, 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.
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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 map
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 through 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 of 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 and 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.
Public Review of Draft EIR — The public review period for the Draft EIR shall
not be less than 30 days nor should it be 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
EIR 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
25
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 Public 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 manner 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 receive 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 time 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
referenced 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
26
Hazardous Waste and Substance Statement required under
subsection (f) of that Section.
3. The notice required under this Section shall be posted in the office 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 session 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 significant 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.
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4. The response of the Public Agency to significant environmental points
raised in the review and consultation process.
5. Any other information 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 of 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 approving 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 Final EIR reflects the Board of Directors 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 substantially 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 project alternatives identified
in the Final EIR.
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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 findings set forth in
Section 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
condition 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 specific 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 which 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 other 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 Determination — 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 applicable, 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
29
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 number 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 examined.
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 whether 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 days 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
30
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 period 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 circumstances 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 additional 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 agency 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 until 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 the unreasonable
delay. Alternatively, the District Engineer may disapprove a project
application where there is unreasonable delay in meeting request.
12. AMENDMENTS TO THESE GUIDELINES
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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.
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