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HomeMy WebLinkAboutRes 2010-26 Amend-Adopt Guidelines for CEQA �_��� CITY OF PALM DESERT �� � DEPARTMENT OF COMMUNiTY DEVELOPMENT �``� ' STAFF REPORT REQUEST: CONSIDERATION OF ADOPTION OF AMENDED LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE §§ 2100 ET SEQ.) SUBMITTED BY: Lauri Aylaian, Director of Community Development APPLICANT: City of Palm Desert DATE: May 13, 2010 CONTENTS: Draft Resolution No.2010-26 Best Best & Krieger Memorandum Dated 3 March 2010 Staff Summary of the CEQA Evaluation Process Recommendation: _ That the City Council adopt Resolution No.2010-26 amending and adopting Local Guidelines for implementing the California Environmental Quality Act (Pub. Resources Code §§ 2100 ET SEQ.) . Discussion: Attached is a memorandum from Best Best & Krieger LLP outlining the changes in �� law and incorporating amendments into the 2010 Local Guidelines for Implementing the California Environmental Quality Act (CEQA). The detailed guidelines are available for use in the Department of Community Development and on file with the City Clerk. Submitted by: CITYCOITNCILA ON � APPROYED � DENtLrD RECEIVED OTHER � ., auri Aylaian Director of Community Development MEETt G DAT T i � AYES: . � A r v . � NOES: ABSENTs � �� � �— ABSTAIN: � ERIFIED B�= J rl M. WOhlmuth Original on File with City erk's Oflic� " y Manager . . . � .. -�..T ._. . �. . .�..., .� . .�, . ... (wpdoc\tm�sr�C EQA2010-f inal) RESOLUTION NO. 2oio-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC RESOURCES CODE §§ 21000 ET SEQ.). WHEREAS, the California Legislature has amended the California Environmental Quality Act ("CEQA") (Pub. Resources Code §§ 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000 et seq.) and the California courts have interpreted specific provisions of CEQA; and WHEREAS, Section 21082 of CEQA requires all public agencies to adopt objectives, criteria and procedures for the evaluation of public and private projects undertaken or approved by such public agencies, and the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and WHEREAS, the City of Palm Desert (`City") must revise its local guidelines for implementing CEQA to make them consistent with the current provision and interpretations of CEQA; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. The City adopts "Local Guidelines for Implementing the California Environmental Quality Act (2010 revision)," a copy of which is on file at the offices of the City Clerk and is available for inspection by the public. SECTION 2. All prior actions of the City enacting earlier guidelines are hereby repealed. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of , 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CINDY FINERTY, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California Memorandum To: Project 5 Clients FttoNt: Best Best & Krieger LLP DATE: March 3, 2010 RE: 2010 Summary of Changes to Local CEQA Guidelines Important changes in the law have been incorporated into the 2010 t�pdate to your Local Guidelines for Implementing the California Environmental Quality Act ("Local Guidelines"). For easy reproduction and access to these Local Guidelines, as well as the California Environmental Quality Act("CEQA") forms your entity will need, and any other important legal alerts, please access the CEQA client portal at www.bbklaw.net/CEOA. For technical support please contact Gar House at Gar.E{ousc(a:,bbklaw.com. Public agencies are required to adopt implementing procedures for administering their responsibilities under CEQA. These procedures include provisions on how the agency will process environmental documents and provide for adequate comment, time periods for review, and lists of permits that are ministerial actions and projects that are considered categorically exempt. Agency procedures should be updated within 120 days after the State CEQA Guidelines are revised. The most recent amendments to the State CEQA Guidelines will become effective on March 18, 2010, which means that your agency should adopt the revised Local CEQA Guidelines on or before July 16, 2010. This memorandum summarizes numerous amendments to your Local Guidelines that were made in response to legislation and legal cases that changed or impacted certain aspects of CEQA between January 2009 and January 2010. Your Local Guidelines and this memorandum are designed to assist in assessing the environmental implications of a project prior to its approval, as mandated by CEQA. We still recommend, however, that you consult with an attorney when you have specific questions on majar, controversial or unusual projects or activities. 2010 Revisions to Local CEOA Guidelines Section 1.09. A new section entitled "State Agency Furloughs" was added in response to Executive Order 5-13-09. This section addresses furlough days of the courts (every third Wednesday of the month) and state office work days (three days per month) imposed by the governor to address budget concerns. These furloughs are scheduled to last until June 30, 2010. This section cautions public agencies to check with state agencies and their attorney to ensure compliance with deadlines impacted by state agency furloughs. Section 2.08. This section was amended to reflect Section 15096, subdivision (i) of the State CEQA Guidelines and to add clarity to the language of this section. The amendment indicates that Responsible Agencies should independently review and consider the adequacy of the Lead Agency's review prior to approval, and that additional review may be required for certain aspects - 1 - of the project within the Responsible Agency's approval authority. It also clarifies that the Responsible Agency should state that it has considered the Environmental Impact Report ("EIR") or Negative Declaration as prepared by a Lead Agency. Section 5.11. This section added examples of uniformly applied development policies and standards, as reflected in State CEQA Guidelines section 15183, that can be used to find that environmental effects will not be considered peculiar to the parcel. This list of standards was also amended by the updates to Section 15183 by the California Natural Resources Agency to include "requirements for reducing greenhouse gas emissions, as set forth in adopted land use plan, policies, or regulations." Section 5.18. Substantial additions were made to this section, entitled"Climate Change and Greenhouse Gas Emissions," based on revisions to the State CEQA Guidelines by the California Natural Resources Agency. Part A was added in response to the newly added Section 15064.4 of the State CEQA Guidelines. It highlights the public agency's discretion to choose the model or methodology used for assessing greenhouse gases based on the specific project. It also explains the public agency's need to support that choice with substantial evidence in the record of proceedings, while also explaining any limitations related to that choice. As described in this part, the public agency also has the discretion to rely on qualitative analysis or performance-based standards. Part B describes the tools available for determining thresholds of significance related to greenhouse gases, as added in response to amendments to State CEQA Guidelines section 15125, subdivision (d) and the addition of Section 15064.4. This part highlights the analysis of factors listed in the State CEQA Guidelines, including whether the project provides an overall increase or decrease in greenhouse gas emissions relative to the environmental setting, whether the project exceeds an applicable threshold of significance, and whether the project is consistent with the requirements in an applicable plan. This part also highlights that an EIR must discuss inconsistencies with general plans, specific plans, or regional plans, including air quality attainment plans, regional blueprint plans, and plans for the reduction of greenhouse gas emissions. In adopting thresholds of significance, lead agencies may consider thresholds of significance previously adopted or recommended by other public agencies or by experts, provided the decision is supported by substantial evidence. Additionally, although a project may ultimately comply with adopted regulations or requirements, preparation of an EIR may still be required if there is substantial evidence that the possible effects of a project are nonetheless still cumulatively considerable. Furthennore, this part reiterates the need to analyze greenhouse gas emissions when the incremental contribution from the project's emissions may be cumulatively considerable. Part C describes mitigation measures related to greenhouse gases, as reflected in the amendments to State CEQA Guidelines section 15126.4, subdivision (c). Lead Agencies must consider feasible means of mitigating significant effects of greenhouse gas emissions, and mitigation measures must be supported with substantial evidence and capable of monitoring or reporting. Broad categorical examples of ineasures are provided in this part, including measures identified in a plan or program for greenhouse gas reduction, project design changes or other measures in - 2 - Appendix F, offsite measures, sequestration, and the development of a plan for reducing local emission�. Part D discusses the streamlined analysis of greenhouse gas emissions, as reflected in the newly added State CEQA Guidelines section 15183.5. This section highlights the exemption of certain transit priority projects and mixed use projects from greenhouse gas analysis,as provided by the adoption of SB 375, codified in Public Resources Code sections 21155, 21155.2, and 21159.28. This part, however, cautions that even if the exemption is applicable to the project, the Lead Agency may still need to consider whether the project will result in greenhouse gas emissions from other sources. Part E indicates that the analysis of greenhouse gas emission impacts can be perfonned at a programmatic level, with later project-specific environmental documents "tiered" from that analysis, or through incorporating the programmatic review by reference into the later project- specific documents. This part reflects the new addition of State CEQA Guidelines section 15183.5, subdivision (a). Part F describes how a public agency may develop a plan for the reduction of greenhouse gases that can be used for analyzing and mitigating greenhouse gas emissions, as described in the newly added State CEQA Guidelines section 15183.5, subdivision (b). The plan should quantify emissions within a defined area, establish a level where emissions are not cumulatively considerable, identify and analyze emissions from activities or categories within the geographic area, identify measures that will reduce levels in order to achieve emission targets, inonitor progress and make changes as necessary in the future, and be adopted through a public process following environmental review. Once adopted, the plan can be used in the cumulative impacts analysis of later projects if the mitigation measures are identified and are binding and enforceable. However, if there is still substantial evidence that a particular project will have a cumulatively considerable impact, despite compliance with the plan, an EIR must be prepared. Section 5.19. A new section entitled"Energy Conservation"was added in response to revisions to State CEQA Guidelines Appendix F, which indicates that potentially significant energy implications in a project inust be considered in an EIR, to the extent they are relevant and applicable. This section indicates that the project description should include applicable or relevant energy consuming equipment, energy requirements by fuel type and end use, energy conservation equipment and design features, energy supplies that would serve the project, and the estimated daily vehicle trips and energy consumed by those vehicle trips. The environmental setting may include the local and regional energy supply and use patterns. The public agency inay consider the extent to which energy supplies have been adequately considered in other environmental documents. Environmental impacts may include energy requirements and energy use efficiencies, the effect on energy supplies, the effect on peak and base period demands, compliance with existing energy standards, the effects on energy resources, transportation energy use, and the use of efficient transportation alternatives. This section indicates that unavoidable adverse effects include wasteful, inefficient and unnecessary consumption of energy that cannot be feasibly mitigated, and the irreversible - 3 - cominitment of resources can include a discussion of how the project preempts energy development or conservation. Additionally, alternatives should be compared based on overall energy consumption and in terms of reducing wasteful, inefficient, and unnecessary energy consumption. Section 6.12. A new section entitled "Types of Mitigation"was added, which presents potential types of mitigation that a public agency may consider in response to California Native Plant Society v. Counry of El Dorado (2009) 170 Cal.App.4th 1026, which discussed the mitigation of impacts to rare plants located on a project site. The non-exhaustive list of categories that should be considered includes avoidance, preservation, rehabilitation or replacement either on-site or off-site, and/or participation in a fee program. Section 6.21. This section was amended to reflect updates to the Title 14, Section 753.5 of the California Code of Regulations, effective in July 2009, and to indicate the increase in Department of Fish and Game filing fees for a Notice of Determination for a Negative Declaration from $1,993.00 to $2,010.25. This section indicates that if a lead agency believes that the project will have "no effect" on fish and wildlife resources, it should contact the Department of Fish and Game, request a fee exemption, and provide supporting documentation. This section highlights previous examples of projects that qualified for such an exemption, such as minor zone changes that did not lead to physicat alterations to the environment, or modifications to existing structures. The "no effect" requirement is a considerably more stringent threshold for the exemption than the prior"de minimis"requirement. Exemptions may only be granted if the project would not result in or have the potential to result in (1) harm, harassment, or take of any fish and/or wildlife species; (2) direct or indirect destruction, ground disturbance, or other modification of any habitat that may support fish and/or wildlife species; (3) the removal of vegetation with potential to support wildlife; (4) noise, vibration, dust, light, pollution, or an alteration in water quality that may affect fish and/or wildlife directly or from a distance; or(5) any interference with the movement of any fish and/or wildlife species. Section 7.12. This section was amended to indicate that all or portions of other documents may be incorporated by reference into Negative Declarations and Mitigated Negative Declarations, as well as EIRs. Section 7.14. Subsection (e) of this section was amended to reflect the addition of"specific plans" to the types of plans that should be analyzed in the EIR for inconsistencies relative to the project. This revision was newly amended in State CEQA Guidelines section 15125, subdivision (d). This subsection was also amended to include exainples of such plans, including the applicable air quality attainment or maintenance plan or State Implementation Plan, area-wide waste treatment and water quality control plans, regional transportation plans, regional housing allocation, habitat conservation plans, natural community conservation plans and regional land use plans. To reflect modifications to State CEQA Guidelines section 15125, subdivision (d), regional blueprint plans and plans for the reduction of greenhouse gas emissions have also been included in this list of plans that should be checked for inconsistency with the project in the EIR. Subsection (g) adds a requirement for the EIR to contain potentially significant energy implications of a project, to the extent they are relevant, as was previously indicated in the - 4 - amendments to Section 5.19 of the Local Guidelines and also reflected in Appendix F of the State CEQA Guidelines. Subsection (j) adds clarification to the analysis of growth-inducing impacts, such that it may include an estimate of the energy consumption of growth that is induced by the project. Section 7.15. A new section entitled"Consideration and Discussion of Significant Environmental Impacts" was added to reflect State CEQA Guidelines section 15126.2, as well as the new amendments that were made within that section of the State CEQA Guidelines. This section indicates that an EIR must identify and focus on significant environmental effects of the project by comparing changes that would result from the project to the physical conditions that exist at the time of the Notice of Preparation. However, if no Notice of Preparation is prepared, then conditions at the time that the environmental review is commenced should be used. Direct and indirect effects and short and long-term effects should be analyzed to include the following: relevant specifics of the area, the resources involved, physical changes, altered ecology, changes in population distribution, population concentrations, land use, associated health and safety problems, impacts from growth inducement, and other aspects that impact resources including water, historical resources, scenic quality, and public services. This section also indicates that an EIR should address environmental effects of bringing people into an area, and reflects amendments in State CEQA Guidelines section 15126.2 related to analyzing the impacts from locating developments within areas susceptible to hazardous conditions, such as floodplains, coastlines, and wildfire risk areas, as identified on authoritative hazard maps, risk assessments, or land use plans addressing such hazards. This section indicates that all significant impacts must be described, including those that cannot be mitigated to a level of less than significant. The implications of unavoidable impacts should be described, as well as the reasons why the project is being proposed, despite their effect. Significant irreversible environmental changes must be discussed, including the use of nonrenewable resources, which may include how the project preempts future energy development or conservation. Evaluation should assure that consumption of resources is justif ed. Section 7.16. This section, relating to cumulative impacts analysis, was partly amended in response to California Native Plant Society v. County of El Dorado (2009) 170 Ca1.App.4th 1026, to indicate that when the public ageney is relying on a fee program or mitigation measure, the public agency needs to identify the facts and analysis supporting its conclusion that the cumulative iinpact is less than significant. This section was also amended to reflect revisions to State CEQA Guidelines section 15064, subdivision (h), allowing the determination that a project's incremental contributions are not cumulatively considerable if the project complies with a previously approved plan or program providing requirements that will avoid or substantially lessen the cumulative problem in the project's geographic area. Such plans and programs include water quality control plans, air quality attainment or maintenance plans, integrated waste management plans, habitat - 5 - conservation plans, natural community conservation plans, and/or plans or regulations for the reduction of greenhouse gas emissions. This section also indicates that the public agency should explain how the implementation of particular requirements will ensure that the incremental contribution is not cumulatively considerable. This section was also further amended in response to changes in State CEQA Guidelines section 15130, subdivision (b)(1)(B), related to the discussion of significant cumu(ative impacts. The revision indicates that the required discussion can be satisfied through a summary of projections contained in an adopted planning document describing or evaluating the conditions contributing to the cumulative effect. Such documents include general plans, regional transportation plans, plans for the reduction of greenhouse gas emissions, or adopted or certified environmental documents for such plans. These projections may also be supplemented with information from a regional modeling program. Documents used in creating a summary of projections, however, must be referenced and made available to the public. Section 7.18. This section was amended in response to California Native Plant Sociery v. City of Santa Cruz(2009) 177 Ca1.App.4th 957, and City of Long Beach v. Los Angeles Unified School District(2009), 176 Ca1.App.4th 889, related to the evaluation of alternatives. This amendment indicates that a matrix used for displaying the characteristics and significant impacts of each alternative may also identify and compare the extent to which each alternative meets the project objectives. This amendment highlights the importance of discussing the objectives in the alternatives analysis. This section was also amended with respect to the analysis of alternative locations. This amendment indicates that if a previously prepared document is used for the analysis of alternative locations, and it sufficiently analyzed a reasonable range of alternative locations and environmental impacts for a similar project with the same basic purpose, the public agency should incorporate that document by reference into the EIR. Section 7.32. This section was amended to clarify that a Statement of Overriding Considerations must be adopted before a project with unmitigated significant adverse environmental effects can be approved. Additionally, it was amended to indicate that if specific benefits are found to outweigh unavoidable adverse environmental effects, such effects may be considered "acceptable." This section was also amended to clarify that legal benefits may be considered, and to reflect that pursuant to amendments in State CEQA Guidelines section 15093, subdivision (a), region-wide and state-wide environmental benefits may be considered. Section 7.37. This section was amended to reflect the increase in filing fees imposed by the Department of Fish and Game for an EIR from $2,768.25 to $2,792.25. Section 9.02. This section was amended in response to changes in the requirements for organizing the administrative record for litigation, pursuant to California Rules of Court, rule 3.1366, which became effective on January l, 2010. The administrative record should be organized into the following sections with either separated tabs or electronic bookmarks: (1) an index listing each document in the order presented, with titles, a brief description, and the volume and page where the document begins; (2) the Notice of Determination; (3) resolutions or - 6 - ordinances adopted approving the project; (4) findings and any statement of overriding considerations; (5) the Final EIR, including the Draft EIR or a revision of the draft, matters included in the Final EIR, and other types of environmental documents prepared under CEQA; (6) the initial study; (7) staff reports in chronological order; (8) transcripts and minutes of hearings in chronological order; and (9) all other documents appropriate far inclusion in the administrative record in chronological order. Oversized documents should be presented in a manner that allows them to be easily unfolded and viewed. This section additionally notes that a court has discretion to allow the documents to be organized in a different manner. Section 10.24. This section was added in response to State CEQA Guidelines section 15364.5, which added the definition of"Greenhouse Gas." The definition includes, but is not solely limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Section 10.67. This section was amended in response to a minor technical edit in State CEQA Guidelines section 15086, subdivision (a)(6), which changed"State Air Resources Board" to "California Air Resources Board." Other Changes. Several other minor grammatical and/or formatting changes were made to the Local Guidelines to facilitate the reading and use of the Local Guidelines. Form H. The form for the Notice of Completion was amended to add greenhouse gases to the list of potential impacts. Form J. The form for the Initial Study Checklist was revised to comply with revisions to the State CEQA Guidelines, as discussed above, and to add new questions addressing greenhouse gases. Form L. The Request for Fee Exemption form was amended to adhere to the sample letter from the California Department of Fish and Game, published September 2009. Conclusion As always, CEQA remains complicated and difficult to apply. The only constant in this area of law is how quickly the rules change. Should you have any questions about any of the provisions discussed above, or about the environmental review of any of your agency's projects, please contact a BB&K attorney for assistance. BEST BEST & KRIEGER LLP - 7 - Local Guidelines for[mplementing the Staff Summary of the California Enviromnental Quality Act(2010) CEQA E��aluation Process STAFF SUMMARY OF THE CEQA EVALUATION PROCESS This Summary highlights certain key provisions in the Local Guidelines. Please refer to the Local Guidelines and State Guidelines for a complete description of CEQA's requirements. ACTION GUIDELINES SECTION REFERENCE (1) Staff must determine whether the agency is a Lead or 2.01, 2.02, 2.05 a Responsible Agency for the proposed activity. If the agency is a Lead Agency, proceed to Step 2. If the agency is a Responsible Agency, proceed to Step 8. (2) As a Lead Agency, Staff determines whether the 3.01, 10.53 proposed activity is a project subject to CEQA. Activities that do not constitute projects under CEQA include: (a) Proposals for legislation to be enacted by the 3.01 State Legislature. (b) Continuing administrative or maintenance 3.01 activities, such as purchases for supplies, personnei-related actions, and general policy and procedure making(except as provided in Guidelines Section 10.53). (c) The submittal of proposals to a vote of the 3.01; 3.14 people in response to a petition drive initiated by voters, or the enactment of a qualified voter-sponsored initiative under California Constitution Art. II, Section 11(a) and Election Code Section 9214; (d) The creation of government funding 3.01 mechanisms (such as assessment districts and community facilities districts) or other government fiscal activities that do not involve any commitment to any specific project which may have a potentially significant physical impact on the environment. (e) Organizational or administrative activities of 3.01 governments that will not result in direct or indirect physical changes in the environment. -�t�- ��2010 Best Best&Krieger LLP Local Guidelines for Implementing the Staff Summary of the Califomia Environmental Quality Act(2010) CEQA Evaluation Process (� Activities that do not result in a direct or 3.01 reasonably foreseeable indirect physical change in the environment. (g) Activities that the Lead Agency will be 3.01; 3.06 disapproving. (h) Activities that involve only ministerial, and no 3.02; 10.40 discretionary, action by the Lead Agency. If the activity meets any of these criteria, proceed to Step 4 and prepare a Notice of Exemption. If the activity does not meet any of these criteria, it is a project and CEQA may apply. Proceed to Step 3. (3) Staff conducts a preliminary assessment of the 3.03, 3.04 project and determines whether the project is exempt from CEQA review. The project is exempt i£ (a) It is covered by one of the statutory 3.03, 3.08, 3.09, 3.10, exemptions from CEQA. 3.1 l, 3.12, 3.13, 3.14, 3.15, 3.16 (b) It is covered by one of the categorical 3.03, 3.17 exemptions and it is not subject to any of the exceptions to the categorical exemptions. (c) It is subject to the "common sense" exemption 3.07 because it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. (4) If the activity is determined to be exempt, Staff 3.04, 3.05 should complete a Preliminary Exemption Assessment(Form "A"). Once the Lead Agency approves the project, Staff prepares a Notice of Exemption (Form "B"), which is attached to the Preliminary Exemption Assessment. Staff should follow the Notice of Exemption requirements set forth in Section 3.05 of the Local Guidelines and file the Notice of Exemption with the County. If Staffs preliminary assessment of the project 4.02, 5.01, 5.05 determines that it is not exempt, an Initial Study must be prepared to determine what type of CEQA document is required for the project. Proceed to Step 5. (5) If the activity qualifies as a project and is not exempt, 5.01 an Initial Study must be prepared to determine the appropriate type of environmental documentation. -�i>i- �2010 Best Best&Krieger LLP Local Guidelines for Implementing the Staff Summary of the California Environmental Quality Act(2010) CEQA Evaluation Process (a) Responsible and Trustee Agencies, project 5.02 applicants, and other interested persons or parties may be consulted in the preparation of the Initial Study. Under certain circumstances, or if the Lead Agency desires, it should hold a scoping meeting, (b) For certain large development projects, the See 5.15 for the criteria agency that will supply water to the project triggering this must provide information about the project's requirement. water supply impacts. The water supply agency prepares a water supply assessment, which must be attached to the CEQA document and should be considered in the analysis of the project's water supply impacts. (c) Staff causes an Initial Study to be prepared. 5.01, 5.05, 5.06, 5.07 If desired and authorized to do so, Staff may enter into a contract with a consultant to prepare the Initial Stuiiy and related environmental documents. The environmental checklist form (Fonn "J") should be used as a starting point, and additional topics that are relevant to the particular project, if any, should be added. A brief explanation should be included to support each category marked on the checklist. If the Lead Agency lacks sufficient information to answer some of the questions in the checklist, Staff can require the project applicant or proponent to provide studies or data. Alternatively, Staff can require the project applicant or proponent to fund studies to be performed by consultants under contract with the Lead Agency. (d) Based on the results of the Initial Study, Staff 5.08, 5.20 may choose to prepare an Environmental Impact Assessment(Form "C") for internal use only. (e) Relying on the Initial Study and the 5.20 Environmental Impact Assessment (if one was prepared), Staff determines what type of environmental document will be prepared for the project. -�X- �O 2010 Best Best&Krieger LLP Local Guidelines for Implementing the Staff Swnmary of the California Environmental Quality Act(2010) CEQA Evaluation Process (I) If Staff concludes that the project will 5.19 not have a significant effect on the environment, then it must recommend that a Negative Declaration be prepared. Proceed to Step 6. (II) If Staff concludes that all of the 5.20 project's potentially significant environmental effects have been avoided or mitigated below a level of significance, then it must recommend that a Negative Declaration or Mitigated Negative Declaration be prepared. All of the mitigation measures relied upon to support this conclusion should be included in the Initial Study analysis. Proceed to Step 6. (III) If Staff concludes that the project 5.20 could or may have a significant effect on the environment, it must recommend that an Environmental Impact Report be prepared. Proceed to Step 7. (6) When the Initial Study has confirmed that there is no 6A 1, 6.02 substantial evidence to support a fair argument that the project may have a significant environmental impact, the Lead Agency must prepare a Negative Declaration or Mitigated Negative Declaration. (a) Staff prepares the proposed Negative 6.01, 6.02, 6.04 Declaration (Form "E") and a Notice of Intent to Adopt a Negative Declaration/Mitigated Negative Declaration (Form "D") and attaches these to the Initial Study. -X- �O 2010 Best Best&Krieger LLP Local Guidelines for Implementing the Staff Summary of the California Environmental Quality Act(Z010) CEQA Evaluation Process • (b) Staff determines the appropriate period of 6.04, 6.08 review. For a Negative Declaration that must undergo review through the State Clearinghouse, the public review period must be at least as long as the thirty(30) day State Clearinghouse review period. For all other projects, the public review period must be at least twenty(20) days. . State Clearinghouse review is required when a state agency is a Responsible or Trustee Agency for the project, a state agency has jurisdiction by law over resources that could be affected by the project, or the project is one of statewide, regional or areawide significance. (c) The public must be given notice of the Lead 6.04 Agency's intent to adopt a Negative Declaration. The Lead Agency should follow the Notice requirements set forth in Section 6.04 of the Local Guidelines. (d) At the time noticed for the meeting on the 6.01, 6.02, 6.04, 6.07, Negative Declaration, the Lead Agency 6.13 considers the matter. Nothing in CEQA requires the Lead Agency to conduct a public hearing on the matter, but the laws applicable to the underlying project may mandate a hearing. If the Lead Agency conducts a public hearing on the project, it must accept comments properly received and/or made on the environmental document as part of the hearing. The body that will make the decision on the project must consider any comments properly received from the public or any comments properly received from Responsible Agencies or Trustee Agencies that pertain to resources under their authority. The decisionmaking body must consider the whole record before it and determine whether, in light of the substantial evidence in that record, the project might have a significant effect on the environment. -X�- �O 2010 Best Best&Krieger LLP Local Guidelines for Implementing the Staff Summary of the California Environmental Quality Act(2010) CEQA Evahiation Process If the decisionmaking body determines that 6.01, 6.02, 6.14 there is no substantial evidence in the record to support a fair argument that the project could have a significant environmental impact, it should adopt the I�legative Declaration/ Mitigated Negative Declaration. If the decisionmaking body is adopting a Mitigated Negative Declaration, it must also adopt a mitigation monitoring or reporting program. In all cases, the Lead Agency must specify the location and custodian of the documents which constitute the record of its proceedings. If the Lead Agency finds, in light of the whole record, that there is substantial evidence to support a fair argument that the project inay have a significant effect on the environment, it must order the preparation of an EIR. In this case, proceed to Step 7. MOTION: Move that the Lead Agency find in light of the whole record that the project will not have ' a significant effect on the environment, the Negative Declaration/Mitigated Negative Declaration reflects the independent judgment of the Lead Agency, and the Negative Declaration/Mitigated Negative Declaration and the mitigation monitoring and reporting program (if there is one) be adopted as proposed by Staff. The Resolution should identify the custodian of the records that constitute the Lead Agency's record of proceedings for this action. (e) After the decisionmaking body has adopted 6.15 the Negative Declaration/Mitigated Negative Declaration, it can consider whether to approve or disapprove the project. -xii- �O' 20(0 Best Best&Krieger LLP Local Guidelines for Implementing the Staff Swnmary of the California Environmental Quality Act(2010) CEQA Evaluation Process MOTION: 6.15, 6.17 Move for approval of the project, and direct Staff to file and post a Notice of Determination in accordance with the Lead Agency's Guide(ines. NOTE: This action can be combined with the previous motion into one Resolution, but the Lead Agency must make its CEQA findings before it takes any action on the project. (� Within five (5) days after approval of the 6.17, 6.21 DFG Filing project, Staff prepares and files a Notice of Fee Guideline Determination(Form "F"). The Lead Agency should follow the Notice and DFG filing fee requirements set forth in Sections 6.16 and 6.20 of the Local Guidelines. (7) If the project may have a significant impact on the 7.01 (8.04, 8.05, 8.06) environment, generally an EIR must be prepared. (See Local Guidelines Sections 8.04, 8.05, 8.06 for a discussion of when a supplemental or subsequent EIR, or an addendum to an EIR, may be utilized.) (a) If the Lead Agency desires, it may enter into a 7.02, 7.11 contract with a consultant to prepare the environmental documents. For private projects, the Lead Agency may also enter into a reimbursement agreement that requires the project applicant to pay the Lead Agency for all of its consultant and legal costs associated with review, drafting and processing of the environmental documents. Also, for private projects, if an EIR will be prepared by a private consultant under contract with the Lead Agency, the contract must be executed within forty-five (45) days after the date the Lead Agency sends the Notice of Preparation, unless an extension is mutually agreed upon by the Lead Agency and project applicant. -xiii- c0 2010 Best Best&Krieger LLP Local Guidelines for Implementing the Staff Summary of the California Environmental Quality Act(2010) CEQA Evaluation Process (b) If an Environmental Impact Report ("EIR") is 7.03 required, the Lead Agency must give the public notice that it will be preparing an EIR. The Lead Agency does this by preparing and distributing a Notice of Preparation (Form "G"). The Notice of Preparation may be attached to the Initial Study, if the Lead Agency finds this useful. The Notice of Preparation must be posted in 7.03 the office of the Clerk for each county in which the project is located for at least thirty (30) days. The Notice of Preparation also must be sent to 7.03, 7.04, 7.06 the Office of Planning and Research, each Responsible Agency and Trustee Agency involved with the project, every federal agency involved in approving or funding the project, and any affected military agency that has requested notice in compliance with Section 7.04 of the Local Guidelines. The Lead Agency may also wish to distribute 7.06 the Notice of Preparation, or otherwise solicit comments, from individuals or organizations Staff knows to be interested in or have particular expertise relevant to the project. (c) Staff must determine whether a "scoping 7.06 meeting" will be held for this project. Distribution of the Notice of Preparation and solicitation of comments is one means of "scoping" the environmental issues to be analyzed in the EIR. "Scoping" may also be accomplished by conducting a "scoping meeting." For most projects, scoping meetings are not required, although they may be conducted at the Lead Agency's discretion. See Section 7.06 for discussion of scoping meetings. (d) Staff must provide notice of the scoping 7.03, 7.06 meeting, if one will be conducted. The Notice of Preparation form (Form "G") may be used for this purpose. The Lead Agency should follow the Notice requirements set forth in Section 7.06 of the Local Guidelines. -xiv- �O 2010 Best Best& Krieger LLP Local Guidelines for Implementing the Staff Summary of the California Environmental Quality Act(2010) CEQA Evaluation Process (e) The Lead Agency must hold the scoping 7.06 meeting as soon as possible but not later than 30 days after a meeting is requested. (� For certain large development projects, cities See 5.15 for the criteria and counties must consult with water triggering this agencies. At the city or county's request, the requirement water supply agency must prepare a water supply assessment, which must be attached to the CEQA document and must be considered in the analysis of the project's water supply impacts. (g) Preparation of the Draft EIR may begin 7.03, 7.05, 7.10 before the thirty(30) day deadline for submitting responses to the Notice of Preparation. However, the Draft EIR cannot be released for public review and circulation until the deadline has passed and the Lead Agency has considered the comments received(if any) on the Notice of Preparation. (h) Upon completion of the Draft EIR, Staff shall 7.20 file a Notice of Completion (Form "H") with the Office of Planning and Research. The Notice of Completion form serves to give state agencies notice that the Draft EIR is being circulated for public review and comment. The Lead Agency should follow the Notice of Completion requirements set forth in Section 7.19 of the Local Guidelines. (i) The Lead Agency must also give the public 7.20 and local agencies notice that the Draft EIR is available for review and comment. To accomplish this, a Notice of Availability of Draft EIR(Form"K") is prepared. The Lead Agency should follow the Notice of Availability requirements set forth in Section 7.19 of the Local Guidelines. NOTE: Laws applicable to the type of project being considered, such as the amendment to a CUP, may impose more stringent notice requirements. Be sure that all appiicable notice requirements are met, even if they are not required by CEQA. -X�' �O 2010 Best Best&Krieger LLP Local Guidelines for[mplementing the Staff Summary of the California Environmental Quality Act(2010) CEQA Evaluation Process (m} For EIRs that are not reviewed through the 7.23 State Clearinghouse process, the public review period must be at least thirty(30) days and cocnmences on the date that the County Clerk posts the Notice. For EIRs that are reviewed through the State Clearinghouse process, the public review period must be at least forty-five (45) days. (The public review period and the state agency review period may, but are not required to, begin and end at the same time. The state agency review period begins (day one) on the date that the State Clearinghouse distributes the Draft EIR to state agencies.) (n) Comments on the Draft EIR are evaluated by 7.25, 7.26 Staff, responses are compiled, and a Final EIR is prepared. (o) At least ten (10) days prior to certifying a 725 Final EIR, the Lead Agency must provide a written response to any agency that has commented on the Draft EIR. (p) In most cases, information will be added to 7.27 the EIR as part of the process of responding to comments. The Lead Agency must detertnine whether this new information is "significant" and thereby requires recirculation of the EIR. If so, Staff must issue a Notice of Recirculation (Form "M") to every agency, person, or organization that commented on the prior Draft EIR and recirculate the document for public review for at least as long as it was initially circulated. Return to Step 7(h). If not, proceed to Step 7(q). -xvi- rJ 2010 Best Best&Krieger LLP Local Guidelines for Implementing the Staff Summary of the Califomia Environmental Quality Act(2010) CGQA Evaluation Process (q) Staff prepares a report on the EIR, the CEQA 7.28, 7.29 � process, and the project. The report should detail the steps the Lead Agency has taken to comply with CEQA, the comments it has received, and how those comments have been addressed. The report should also include Staffs recommendations to the decisionmaking body regarding whether the Final EIR has been completed in compliance with CEQA, the State Guidelines, and the Lead Agency's Local Guidelines, and whether the EIR should be certified. A draft Resolution containing the Lead Agency's CEQA findings should also be prepared and reviewed by the Lead Agency's Attorney. (r) Staff puts the item on the agenda for the 724 decisionmaking body to consider at an open meeting. The meeting should be scheduled far enough in advance for Staff, the consultants, and the Lead Agency's Attorney to coordinate and complete the Final EIR process and the necessary reports and documents identified above in sufficient time for those materials to be included in the agenda packet distributed to the decisionmaking body before the meeting. (s) At the meeting when the decisionmaking 7.24 body considers the project, Staff presents its report. The Lead Agency's environmental consultants may also make a presentation on the documents and/or the CEQA process for the project. -xvii- �2010 Best Best&Krieger LLP Local Guidelines for Implementing the Staff Summary of the Califomia Environmental Quality Act(ZO10) CEQA Evaluation Process (t) At the conclusion of the presentations, the 7.24 Lead Agency may open a public hearing to consider the project. In general, CEQA does not require that the Lead Agency conduct public hearings to consider environmental documents. However, a public hearing may be required by other taws that apply to the type of project being considered for approval, e.g., if the project includes a zone change ar issuance of a CUP, the Government Code requires that a public hearing be conducted before the Lead Agency takes action. If a public hearing is conducted, the Lead Agency should allow speakers to comment on the environmental documents during the public hearing. (u) After the public hearing is closed, the 7.28 decisionmaking body deliberates and considers whether to certify the EIR. To certify the EIR, the decisionmaking body must make the following findings: (I) the Final EIR was completed in 7.28 compliance with CEQA, the State Guidelines and the Lead Agency's Guidelines; (II) the Final EIR was presented to the 7.28 decisionmaking body and the decisionmaking body has reviewed and considered the information contained in the Final EIR before approving the project; and (III) the Final EIR reflects the Lead 7.2g Agency's independent judgment and analysis. � -xviii- O 2010 Best Best&Krieger LLP Local Guidelines for bnplementing the Staff Summary of the Califomia Environmental Quality Act(2010) CEQA Evaluation Process (v) The decisionmaking body must also make 7.30, 7.31, 7.32, 7.33 findings as to what the project's significant environmental impacts will be, whether the impacts identified as potentially significant can be mitigated below a level of significance, why alternatives which could reduce environmental impacts were rejected, and where the administrative record can be reviewed. If the project will have significant unavoidable environmental impacts, the Lead Agency must also adopt a Statement of Overriding Considerations. If the project includes mitigation measures, the Lead Agency must also adopt a mitigation monitoring and reporting program. These findings should be included in the Resolution supporting the Lead Agency's action on the EIR. MOTION: Move that the Lead Agency certify the Final EIR, adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, and makes findings as set forth in Resolution No. (w) Once the decisionmaking body has made its 7.29, 7.34 findings on the EIR, it can consider the approval of the project. If the project is approved, the decisionmaking body directs that a Notice of Determination (Form "F") be prepared and filed. MOTION: Move approval of the project and direct the preparation and filing of a Notice of Determination. (x) Staff prepares a Notice of Determination 7.35, 7.36, 7.37 (Form "F"). The Lead Agency should follow the Notice of Determination and DFG filing fee requirements set forth in Sections 7.34, 7.36, and 7.37 of the Local Guidelines. (8) When the agency is acting as a Responsible Agency, the agency's role in the environmental review process is more limited. -xix- C��2010 Best Best&Krieger LLP Local Guidelines for Implementing the Staff Summary of the California Environmental Quality Act(2010) CEQA Evaluation Process (a) For private projects, the Responsible Agency 2.06, 5.02 may require the project proponent to provide the Responsible Agency with such information as the Responsible Agency may require to review the environmental documents. The Responsible Agency may also require the proponent of a private project to reimburse the Responsible Agency for all costs incurred by it in fulfilling its obligations under CEQA. (b) To assist a Lead Agency in preparing 2.07, 5.02, 7.06 adequate environmental documents, the Responsible Agency should respond when a Lead Agency seeks comments on the appropriate type of environmental document or on the scope of the EIR. Within thirty(30) days of receiving a Notice 2.07, 7.03, 7.06 of Preparation of an EIR, the Responsible Agency should inform the Lead Agency of any comments it has on the scope and content of the environmental information on those topics that pertain to the Responsible Agency's area of statutory responsibility in connection with the proposed project. The Responsible Agency's response should identify the significant environmental issues and possible alternatives and mitigation which the Responsible Agency will need to have explored in the Draft EIR. The Responsible Agency's response to the 2.07 Notice of Preparation should be sent to the Lead Agency by certified mail or any other method of transmittal which provides the Responsible Agency with a record that the response was received. Staff should also try to attend any scoping meetings held by the Lead Agency. -xx- �2010 Best Best&Krieger LLP Local Guidelines for Implementing the Staff Swnmary of the California Environmental Quality Act(2010) CEQA Evah�ation Process (c) Staff should review any Draft EIR or 2.07, 6.07, 7.20, 7.25 Negative Declaration prepared by the Lead Agency. When warranted, Staff should comment on those documents, either formally or informally. Official comments must be limited to those portions of the project which are within the Responsible Agency's area of expertise or powers or which will be carried out or approved by the Responsible Agency. For example, for resources or portions of the project within the Responsible Agency's jurisdiction, the Responsible Agency may identify proposed mitigation measures to address potentially significant environmental effects. (d) After the Lead Agency has adopted the 2.08 Negative Declaration or certified the EIR, the • Responsible Agency must consider the environmental documents adopted or certified by the Lead Agency and reach its own conclusions about the CEQA documents and the project. (e) In inost cases, the Responsible Agency is not 2.08 permitted to require additional CEQA documentation for purposes of its Responsible Agency process. The exceptions to this rule occur when: (1) The Lead Agency's Negative 2.09 Declaration or EIR for the project was not adequate, and the Responsible Agency filed a timely lawsuit to challenge the Lead Agency's CEQA document. (2) The Lead Agency prepared an 2.09 inadequate environmental document and failed to provide the Responsible Agency with the requisite notices, and the statute of limitations for challenging the Lead Agency's CEQA document has expired. -xxi- �2010 Best Best&Krieger LLP C.ocal Guideli�es for Implementing the Staff Summary of the California Environmental Quality Act(2010) CEQA Evaluation Process (3) Since the Lead Agency's approval of 2.09, State CEQA the Negative Declaration or Guidelines Section certification of the EIR, the conditions 15162. triggering preparation of a Subsequent or Supplemental EIR have been met. (4) The Lead Agency did not prepare a 2.09 Negative Declaration or an EIR for the project. (fl When none of the criteria identified above 2.08 have been met, the Responsible Agency must rely on the Lead Agency's environmental documents. The Responsible Agency makes findings regarding the adequacy of the environmental documents and regarding those aspects of the project for which the Responsible Agency's responsibility is relevant. When considering the adequacy of the Lead Agency's Final EIR or Negative Declaration, the Responsible Agency sha(1 adopt any mitigation measures and project alternatives that it deems feasible and that are relevant to the Responsible Agency's role in carrying out the project. (g) A Notice of Determination shall be filed by 2.08, 6.17, 7.34 the Responsible Agency, but need not state that the Lead Agency's EIR or Negative Declaration complies with CEQA. -xxii- �2010 Best Best&Krieger LLP