Procedures For Preparation And Processing Of Environmental Documents | The Mendocino County Local Agency Formation Commission

Mendocino County Local Agency Formation Commission
	Procedures For Preparation And Processing Of Environmental Documents Table of Contents Requirements and Purpose of Procedures General Provisions Definitions Environmental Coordinator Appeals Lead Agency Responsible Agency Fees Applications and Time Limits Numbering and Maintaining Documents Severability of Provisions Preparation and Processing of Environmental Reviews When LAFCO is the Lead Agency Application Procedures Submitting the Application Making Initial Determinations Initial Study Environmental Determination Appeal Process Negative Declaration and Mitigated Negative Declaration Draft Environmental Impact Process Final Environmental Impact Process Categorical Exemptions Statutory Exemptions Notice of Exemption Incorporation of State Guidelines Miscellaneous Projects Review By State Agencies Public Notices and Public Review Periods Mitigation Monitoring Programs October 7, 2002 A. Requirements and Purpose of Procedures All public agencies shall adopt by ordinance, resolution, rule or regulation, objectives, criteria, and procedures for the evaluation of projects and the preparation of environmental impact reports and negative declarations pursuant to this division. [CEQA 21082] The purpose of the procedures contained herein is to implement the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 21082 of the California Public Resources Code and to supplement the State CEQA Guidelines adopted by the Secretary for Resources of the State of California. The procedures required by these guidelines are intended to assist in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects. LAFCO of Mendocino County CEQA Procedures were adopted on _______________________2002 pursuant to Resolution No: ___________________. These CEQA Procedures shall be used to comply with, and implement, Sections 21000 et sequitur of the California Public Resources Code. B. General Provisions Definitions The following terms when used in these Procedures have specific technical meanings as follows: Approving Body—Any entity having discretionary authority over projects as defined in CEQA. Categorical Exemption—An exemption from CEQA for certain projects that the Secretary of Resources has determined do not have a significant effect on the environment. Certificate of Completion—The document prepared by the Executive Officer and recorded with the county recorder which confirms the approval of the project by Commission and the final successful resolution of a change of organization or reorganization. Certificate of Fee Exemption—Issued by the Lead Agency indicating that the reviewed project will not individually or cumulatively have an adverse effect on wildlife resources. (See De minimis) Certificate of Filing—Issued by the Executive Officer upon acceptance of the application as complete. It is mandatory that a hearing be held on the application with 90 days of issuing the certificate of filing. The certificate shall indicate the date of the hearing. Certificate of Sufficiency—Issued by the Executive Officer for a landowner or registered voter petition if the petition contains the requisite number of signatures as verified by the Assessor or Registrar of Voters. CEQA—California Environmental Quality Act, California Public Resources Code Sections 21000 et seq. CEQA Complete Application.—An application that includes all information necessary to complete required CEQA processes and the required CEQA review. C-K-H Complete Application—An application that includes all information necessary to complete the LAFCO hearing processes as described in Section 56652 of the Government Code. Commission—The Local Agency Formation Commission of Mendocino County. Cumulative Impact—Two or more environmental effects which when considered together are considerable or which compound or increase other environmental impacts. De minimis—Consistent with state law pertaining to California Department of Fish and Game fees, a finding that a project does not significantly impact fish and wildlife resources Direct Impact—Primary environmental effects which are caused by a project and occur at the same time and place Distribution Record—A certificate issued by the Environmental Coordinator at the time that the project is transmitted that indicates what, if any, environmental document has been or will be prepared for that project. Environment—The physical conditions which exist within an area which will be affected by a proposed project. The conditions include land, air, water, minerals, flora, fauna, noise and objects of historical or aesthetic significance. Environmental Coordinator—Pursuant to LAFCO policy, the role filled by the Executive Officer when processing EIRs and other documents as provided herein. Environmental Document—Any document prepared to satisfy the requirements of CEQA. Documents include Exemptions, Initial Studies, Negative Declarations, Mitigated Negative Declarations, Notices of Exemption, Determination, Preparation and Completion, Environmental Impact Reports, Findings of Fact and Statements of Overriding Considerations. Environmental Impact Report (EIR)—A detailed statement describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid those effects. Findings—Written legal conclusions prepared by a public agency that explain the disposition of each significant environmental effect and alternative identified in an EIR. Indirect Impacts—Also referred to as secondary effects, indirect impacts are caused by a project and occur later in time or at some distance from the project; however they are still reasonably foreseeable. Initial Study—A preliminary analysis prepared by a Lead Agency determining whether an EIR or Negative Declaration must be prepared and identifying the significant environmental effects to be analyzed in an EIR. Lead Agency—The public agency that has the principal responsibility for carrying out or approving a project. Lead Agency means the public agency which has the principal responsibility for carrying out or approving a project which may have significant effect on the environment [CEQA Section 21067]. Ministerial Project—A project which is processed using fixed standards objective measurements without any subjective or personal judgment. The following actions have been determined to be ministerial: Filings with the State Board of Equalization Evaluating a Petition Completion of property or boundary surveys and related analysis Filing a Certificate of Sufficiency Filing a Certificate of Completion Determining whether a site is inhabited or uninhabited Personnel actions Mitigation Measure—A change in a project designed to avoid, minimize, rectify, reduce, or compensate for a significant environmental effect. National Environmental Policy Act (NEPA)—The federal law that provided the model for CEQA and requires federal agencies to prepare Environmental Impact Statements (EIS) for federal actions significantly affecting the human environment. Some projects may require CEQA and NEPA review. A NEPA review is required when: A project receives a federal permit or entitlement. A project is jointly carried out by a federal agency. A project will be federally funded. A project will occur on federal land. Negative Declaration—A written statement prepared by a Lead Agency that briefly describes the reasons why a proposed project will not have a significant effect on the environment and therefore does not require an EIR. Notice of Completion—A notice filed with the Office of Planning and Research by the Lead Agency, as soon as it has completed a draft EIR. Notice of Determination—A notice filed by a public agency after it approves or determines to carry out a project for which an EIR is prepared. It is filed with the County Clerk and the State Office of Planning and Research, if state discretionary approval is involved. It must contain: The project name Description, location and date approved of the project Summarization of significant effects A statement whether mitigation measures were adopted for approval and findings were prepared. A statement whether a statement of overriding considerations was used. A statement where the EIR and record of project approval is available for public review. 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 which an exemption to CEQA applies. Notice of Preparation—A brief notice sent by a Lead Agency notifying Responsible, Trustee, and involved federal agencies that it plans to prepare an EIR for a project. Project—The entirety of an action which has a potential for resulting in physical change in the environment; the whole of an action which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment. Responsible Agency—A public agency which proposes to carry out a project for which a Lead Agency is preparing or has prepared an EIR. A Responsible Agency is a public agency other than the Lead Agency that has responsibility for carrying out or approving a project and for complying with CEQA. Significant Effect—A substantial or potentially substantial adverse change in any of the physical conditions within the area affected by a project. Secretary for Resources—Secretary for the Resources Agency, State of California. State CEQA Guidelines—The Guidelines published by the Secretary for Resources, State of California, pursuant to Public Resources Code Section 21083 and 21087, and printed in Chapter 3 of Division 6 Title 14, of the California Administrative Code beginning with Section 15000. Statement of Overriding Considerations—A written explanation prepared by a public agency that explains why it approved a project, despite the presence of significant, unavoidable environmental impacts. Tiering—Refers to the concept of a “multi-tiered” approach to preparing EIRs. The first tier EIR covers general issues in a broader program-oriented analysis. Subsequent tiers incorporate by reference the general discussions from the broader EIR, while primarily concentrating on the issues specific to the action being evaluated. Trustee Agency—A state agency with legal jurisdiction over natural resources held in trust for the people of the state and which are affected by the project. Environmental Coordinator The Executive Officer shall serve as the Environmental Coordinator and have the authority to prepare, or cause to be prepared, the appropriate environmental documentation. The Executive Officer as the Environmental Coordinator shall be responsible for making decisions and environmental determinations pursuant to the requirements of CEQA and the Policies and Procedures of LAFCO. The Environmental Coordinator shall be responsible for the following functions in administering CEQA: Determining whether a project is exempt Hiring environmental consultants Supervising the work of environmental consultants Conducting Initial Studies Preparing or supervising the preparation of Negative Declarations, or Mitigated Negative Declaration and EIRs Determining that a Negative Declaration is complete Preparing responses to public comments as to the adequacy and/or completeness of environmental documents prepared by LAFCO Filing Notices Providing information to hearing bodies Acting as the hearing officer for the purpose of receiving public comments on Draft EIRs when requested by the Commission Exercising the authority to enter into agreements with government entities that provide services within Mendocino County for the purpose of providing environmental review for projects initiated by those governmental agencies Responding to environmental documents from other agencies for LAFCO as a Responsible Agency. Requesting shortened public review periods, when appropriate, from the State Clearinghouse Performing other functions reasonably required to administer the State CEQA Guidelines. Appeals Any person dissatisfied with a decision of the Environmental Coordinator relating to provisions or requirements of the CEQA process may appeal the decision to the Commission and or a subcommittee of the Commission. Such appeal shall be made in writing to the Executive Officer within ten days of the announcement of the decision by the Environmental Coordinator and shall include reasons that justify the appeal. The hearing on the appeal will be scheduled no later than the next regular LAFCO meeting, which can be properly noticed following receipt of the appeal by the Executive Officer. Upon mutual agreement with the appellant a hearing may be scheduled later than the next regular LAFCO meeting. The burden to show why the decision should not be affirmed shall be upon the appellant. All CEQA review processes will cease until a decision by the Commission. Any timeline prescribed by law shall be extended by the amount of time needed to obtain a decision by the Commission. Failure to file an appeal within the required time frame shall affirm the decision of the Environmental Coordinator. Lead Agency Lead Agency means the public agency which has the principal responsibility for carrying out or approving a project which may have significant effect on the environment [CEQA Section 21067]. Where two or more agencies will be involved with a project, the determination of which agency will be the lead agency shall be governed by the following criteria: The lead agency will normally be the agency with general governmental powers, such as a city or county, rather than an agency with a single or limited purpose such as a district, which will provide a public service or public utility to the project. Government Code Section 56375 requires a city to prezone the territory to be annexed. Where a city prezones an area, the city will be the appropriate Lead Agency for any subsequent annexation of the area and should prepare the appropriate environmental document at the time of the prezoning. LAFCO will be the Responsible Agency in this instance. No application will be accepted without prezoning and environmental review by the city. When more than one public agency equally meet the requirements for Lead Agency, the agency which will act first on the project in question shall be the Lead Agency. Two or more agencies with substantial claim to be the Lead Agency may by agreement designate an agency as the Lead Agency. In cases where LAFCO and another public agency qualify for Lead Agency status, the agency with the greatest responsibility for carrying out the project should assume the Lead Agency role. In cases of special districts, where the project is a change in organization or reorganization only and there is no infrastructure development associated with the project, LAFCO will be the Lead Agency. If the project includes infrastructure development that will be carried out by the district, then the district will be the Lead Agency provided that the district has appropriately consulted with LAFCO as the Responsible Agency. If the project will be carried out by a public agency, that agency shall be the Lead Agency even if the project would be located within the jurisdiction of another public agency. If the project is to be carried out by a nongovernmental person or entity, the Lead Agency shall be the public agency with the greatest responsibility for supervising the project as a whole. LAFCO will typically act as the Lead Agency in reviewing: Changes of organization or reorganization initiated by LAFCO under Government Code Section 56375 Sphere of Influence Plans and Amendments Incorporations Consolidations, Detachments, Dissolutions and District formations Annexations, which are not part of a larger project for which a city or county acted as the lead agency, or for which LAFCO is the first to act (e.g. petition for annexation by landowner) When the Lead Agency has failed to undertake required CEQA responsibilities pursuant to Section 15052 of the State CEQA Guidelines When the project is a change of organization or reorganization for a district not involving infrastructure development to be carried out by the district LAFCO shall assume the Lead Agency role for a project for which it was a Responsible Agency when: The Lead Agency has failed to conduct an environmental review for the project. The Lead Agency failed to consult with LAFCO as the Responsible Agency when it prepared its review. A previously prepared environmental review is outdated. Substantive new technical data or new information is available. A subsequent EIR or Negative Declaration is required pursuant to Section 15162 of the State CEQA Guidelines. The environmental document did not disclose or failed to describe the impacts of LAFCO’s actions. Upon request by a public agency that provides services within Mendocino County but is unable to fulfill the CEQA function, LAFCO may assume the Lead Agency role at the discretion of the Executive Officer for the purpose of providing environmental review for projects initiated by those governmental agencies. A written agreement will be required. When acting as Lead Agency, LAFCO shall ensure that all required elements of the CEQA process are completed and conducted consistent with the requirements of CEQA. Responsible Agency A Responsible Agency is a public agency other than the Lead Agency that has responsibility for carrying out or approving a project and for complying with CEQA. In the case of projects initiated by a land use authority, such as a city or county, where annexations are required as a condition of approval, LAFCO will assume the Responsible Agency role unless the Lead Agency did not consult with LAFCO as the Responsible Agency. LAFCO will assume the Responsible Agency role for annexations that include a prezone by a city unless the Lead Agency did not consult with LAFCO as the Responsible Agency. LAFCO will assume the Responsible Agency role for changes in organizations for district which include infrastructure development by a district unless that agency did not consult with LAFCO as the Responsible Agency. When acting as the Responsible Agency, LAFCO’s Environmental Coordinator shall encourage the Lead Agency to consult with LAFCO early in the environmental review process in order to facilitate and coordinate the evaluation of impacts related to future LAFCO actions. When acting as the Responsible Agency, LAFCO will respond to Notices of Preparation, requests for consultations and other reasonable information requests as soon as feasible. As a Responsible Agency, LAFCO will comment, consistent with its legislative mandate and adopted policies upon Initial Studies, Notices of Preparation for Environmental Impact Reports and other requests for review by Lead Agencies for projects that are to come before LAFCO. Opportunity for comment will be circulated to each Commissioner with a timeline for response. The Executive Officer will then forward the individual Commissioner responses along with his response to the Lead Agency. Note: Due to their size and cost of printing, Responsible Agencies typically receive only once copy of an EIR which will be maintained in the Executive Officer’s office for review by the Commissioners. Smaller documents with nominal cost of copying will be circulated to the Commissioners. When a project is proposed for which LAFCO will act as the Responsible Agency, the Environmental Coordinator shall ensure that the Lead Agency receives any information needed to prepare an environmental document that provides full disclosure of LAFCO issues and permits informed decision making on the part of the Commission. Comments provided and mitigation measures or project alternatives that are proposed shall focus upon issues pertinent to LAFCO’s legislated responsibilities and discretionary authority over the project. Fees Fees will be collected to cover 100% of the cost of services provided (CEQA 21089). All costs for the development for an environmental review shall be borne by the applicant or the affected agency. Fees would include costs for such things as consultants, mailings, public notices, document recordings, public hearing records, hourly rates of the Environmental Coordinator and any other costs associated with the development of the CEQA process. The Environmental Coordinator hourly rates are set by resolution of the Commission. Rates may be changed from time to time by the action of the Commission. The Environmental Coordinator shall provide an estimate of the costs of preparation of an environmental document to the applicant. Such estimate to be paid in advance of the contracting for a consultant or at the beginning of the environmental review process. No work will begin until the estimate fees are paid. If after the review process begins, it is determined that additional funds are needed to complete the review process the applicant shall provide funds as requested. The review process will be suspended up to 90 days until the additional funds are received. Failure to provide the funds within the 90 day period will cause termination of the review process unless the Commission extends the time. Refusal to provide the additional funds will cause the review process to terminate. Any excess funds at the completion of the environmental review process shall be returned to the applicant. A fee equal to the actual cost of reproduction of an environmental document shall be charged to persons who desire such a copy (CEQA 21089, State CEQA Guidelines 15045 (b)). This fee shall not be charged to public agencies having jurisdiction by law with respect to the project or to individuals or organizations possessing special expertise and from whom the Environmental Coordinator desires input into an environmental analysis. Applications and Time Limits An application to LAFCO for changes of organization or reorganization requires the completion of an application as provided in Section 56652 of the Government ode. If LAFCO is to be the Lead Agency an application for the CEQA process will also be needed. (See LAFCO’s CEQA Policy for a complete explanation.) The applicant must complete both applications when LAFCO is the Lead Agency. If LAFCO is the Responsible Agency the Executive Officer will determine if additional information is needed by reviewing the CEQA document prepared by the Lead Agency for the project. Regardless of whether LAFCO is the Lead Agency or the Responsible Agency for the project, the applicant is required to meet with the Executive Officer prior to preparing a CEQA environmental review document for purposes of ascertaining the requirements of LAFCO for the CEQA process. Any CEQA process that is conducted without review by LAFCO as a Responsible Agency will not be used by LAFCO for its determination on changes of organization or reorganization. The Executive Officer will not issue a certificate of filing until he/she judges that the application is complete. When LAFCO is the Lead Agency, no application shall receive a certificate of filing until CEQA documentation has been completed which adequately addresses the requirements of CEQA, NEPA (if applicable), C-K-H and LAFCO’s policies and procedures. When LAFCO is the Responsible Agency, no application shall receive a certificate of filing until CEQA documentation has been received which adequately addresses the requirements of CEQA, NEPA (if applicable) C-K-H and LAFCO’s policies and procedures. Whether acting as the Lead Agency or the Responsible Agency, LAFCO will not act upon or approve any change of organization or reorganization until environmental documentation has been approved by the Commission which adequately addresses all areas of environmental concern of the project and the areas of concern that LAFCO is mandated to consider in its review process. When LAFCO is the Lead Agency, within 30 calendar days after an application is filed with LAFCO, the Environmental Coordinator should determine in writing whether such application is complete or incomplete and shall immediately transmit such determination to the applicant for the project. In the event the application is determined not to be complete, the Environmental Coordinator shall specify those parts of the application that are incomplete and shall indicate the manner in which they can be made complete. Within 30 days after accepting a CEQA application as complete, the Environmental Coordinator shall make an initial determination of whether the project will need an EIR or a Negative Declaration. The 30-day period may be extended 15 days upon the consent of the Environmental Coordinator and the project applicant. For purposes of CEQA, applications for annexation to a city shall not be deemed filed until the following is provided: Verification of an approved prezone from the annexing City. Verification of a completed CEQA and NEPA (if applicable) in which LAFCO assumed the Responsible Agency role. Completion of a tax exchange agreement with the county If LAFCO is the Lead Agency, LAFCO shall complete and certify an EIR in not more than one year, or complete and adopt a Negative Declaration or Mitigated Negative Declaration in not more than 180 days from the date the application is deemed complete. Any unreasonable delay by an applicant in meeting requests by LAFCO necessary for the preparation of a Negative Declaration, or Mitigated Negative Declaration, or an EIR shall suspend the running of the time periods described above. A few statutes require agencies to make decisions on permits within time limits that are so short that adequate review of the project under CEQA would be difficult or impossible. To enable compliance with all statutes, the Executive Officer shall not issue a Certificate of Filing for a project until required CEQA documentation is complete. See Preparation and Processing of Environmental Reviews for more detailed information regarding the application and review process. Numbering and Maintaining Documents The Environmental Coordinator shall number Negative Declarations, Mitigated Negative Declarations, EIRs, and Exemptions using the LAFCO control number that has been assigned to the project. A second number may be assigned by the State Clearinghouse for documents that it processes. The Environmental Coordinator shall establish and maintain a file of actions taken pursuant to CEQA. Severability of Provisions If any section, subsection, sentence, clause or phrase of these procedures is, for any reason, held to be invalid or unconstitutional, such holding shall not affect the validity or constitutionality of the remaining portions of this document. It is expressly declared that these provisions would have been prepared and adopted irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases could be declared invalid or unconstitutional. C. Preparation and Processing of Environmental Reviews When LAFCO is the Lead Agency Applications of Procedures The procedures in this article shall govern the preparation and processing of environmental documents for the following projects: Changes of organization or reorganizations initiated by LAFCO pursuant to Section 56375 of the Cortese-Knox-Hertzberg Act Spheres of Influence Plans/Service Reviews and Amendments Limited Spheres of Influence Incorporations Any changes of organization or reorganizations including annexations and detachments from special districts Consolidations, Detachments, Dissolutions and District Formations City annexations All other discretionary projects as defined in Section 21065 and Section 15378 of CEQA and the CEQA Guidelines. Submitting the Application Applications shall be submitted to LAFCO and initially processed as follows: To facilitate and streamline processing, the applicant shall meet with the Executive Officer to discuss information which needs to be submitted with the applications. The Executive Officer shall assign a LAFCO number to the project. Pursuant to these procedures and Section 15060 of the CEQA Guidelines, the Environmental Coordinator shall determine whether the application is complete for purposes of CEQA. For purposes of LAFCO the application will not receive a certificate of filing until CEQA is complete. Such determination should be made within thirty calendar days of application receipt. Accepting an application as complete does not prohibit LAFCO from requesting additional information needed to complete an adequate environmental review as the need arises. Making Initial Determinations for Exemptions Following a determination that the application is complete, the Environmental Coordinator shall determine whether the project qualifies for an exemption from preparation of additional environmental documents pursuant to Section 15061 of the CEQA Guidelines. (See Categorical and Statutory Exemptions Sections D & E) If an Exemption is determined to be appropriate, the Environmental Coordinator shall prepare a Notice of Exemption (NOE) as described in Section 15062 of the CEQA Guidelines. If the project is approved, the NOE shall be filed with the County Clerk. The Notice of Exemption shall be posted at the County Clerk’s Office within 24 hours of receipt and for at least thirty calendar days following receipt. Initial Study The following steps shall be followed when preparing an Initial Study: If the Environmental Coordinator determines that a project is not exempt, an Initial Study, including completion of an Initial Study Checklist (see Exhibit A), shall be conducted pursuant to Section 15063 of the State CEQA Guidelines. The project proponent shall provide requested environmental information needed to complete the Initial Study. Failure to respond within 30 days will terminate the application process. All timelines are extended while waiting for response. All responses shall be in writing. If a project application is received which will be subject to approval by one or more Responsible Agencies, or may affect public lands under the jurisdiction of trustee or other public agencies, the Environmental Coordinator shall consult with such agency or agencies. After completing the Initial Study checklist, the Environmental Coordinator shall circulate the checklist to the Commissioners for comment. In order to meet statutory deadlines, Commissioners will have 15 days to respond. Failure to comment will be interpreted as agreement with the Initial Study. Environmental Determination Based on the Initial Study and any consultations, the Environmental Coordinator shall determine which type of environmental document to prepare, and shall provide notice of that decision to the project applicant. Applicants of privately initiated projects will be notified by certified mail, return receipt requested, if an Environmental Impact Report is required. Appeal Process. In the event that the applicant wishes to appeal a decision requiring the preparation of an EIR made pursuant to this article, the appeal shall be made within ten days of receiving notice of the requirement for an EIR. The appeal shall be in writing to LAFCO and shall include a statement of justification for the appeal. It shall be the responsibility of the appellant to establish reasons why the decision should not be upheld. In acting upon the appeal, LAFCO shall base its decision upon facts relating to the appropriateness of the environmental determination, and not upon the merits or lack of merits of the project. The applicant shall pay any fees applicable to the public hearing on the appeal. Negative Declaration (ND) and Mitigated Negative Declaration (MND) Process The following steps shall be followed when preparing and processing an ND or Mitigated ND: A Negative Declaration or Mitigated Negative Declaration shall be prepared, or caused to be prepared, by the Environmental Coordinator for a project when the Initial Study shows that: There is no substantial evidence that the project may have a significant effect The Initial Study identified potentially significant effects but changes in the project proposal were made which eliminated the effects Changes to the project have been proposed for adoption by LAFCO which would eliminate adverse effects, or render them less than significant There is no substantial evidence that the project as revised may have significant effects on the environment The following processing steps and format will be used: The ND or MND shall conform substantially to Exhibit D The Initial Study shall be attached to the ND or MND The Environmental Coordinator shall consult with and seek to obtain comments from each Responsible Agency and Trustee Agency The Environmental Coordinator may also consult with persons having special expertise on the impacts of the project The ND or MND shall be made available to the public and others who have expressed an interest in the project not less than twenty-one (21) days before the project is heard by LAFCO. If the project has statewide, regional or area-wide significance, the ND or MND shall be submitted to the State Clearinghouse for review When a proposed ND or MND and Initial Study are submitted to the State Clearinghouse for review by state agencies, the public review period shall not be less that 30 days, unless a shorter period is approved by the State Clearinghouse. If a public agency comments upon the ND or MND, that agency will be provided with notice of public hearings on the project. Such notice shall satisfy the requirements of Section 21092 of CEQA; Prior to approval of the project, the Commission shall find that the ND or MND is adequate and complete and the project will not have a significant effect on the environment. In the case of an MND, or other projects which have been modified to reduce or eliminate one or more significant effects, the Environmental Coordinator shall assure that such modification is a part of the project record and is included as a condition or other requirement of approval. If LAFCO decides not to adopt mitigation measures or revisions that remediate potential adverse environmental impacts to a less than significant level, and desires to consider approving the project, the Environmental Coordinator will be directed to proceed with preparation of an EIR. If mitigation measures are adopted by LAFCO for the purpose of reducing the environmental impacts of a project, a mitigation and monitoring program shall also be adopted pursuant to Section 21081.6 of CEQA; If the LAFCO determines to carry out or approve the project, the Environmental Coordinator shall prepare a Notice of Determination (NOD) substantially in the form prescribed in Exhibit E. The NOD shall be filed with the County Recorder-Clerk within five days. The Recorder-Clerk shall post the NOD within 24 hours of receipt and keep it posted for 30 days. If the project requires discretionary approval of a state agency, the NOD shall also be filed with the State’s Office of Planning and Research. If at any time during the processing of the project application, LAFCO determines that an EIR should be prepared for a project for which an ND or MND has previously been prepared or filed, the Environmental Coordinator shall initiate preparation of a Draft EIR. LAFCO shall continue the hearing on the project to a future date whereupon the Draft EIR shall be made available. Draft Environmental Impact Report Process If the Initial Study indicates that an EIR is required, the applicant will be asked to submit to the Environmental Coordinator any information, or other materials, required to prepare the Draft EIR. Preparation of the Draft EIR shall not be initiated until the Environmental Coordinator has determined that the required information has been received and is complete. After determining that an EIR is required, the Environmental Coordinator shall send a Notice of Preparation stating that an EIR will be prepared pursuant to Section 15082 of CEQA Guidelines to each known Responsible Agency, Trustee Agency and the State Clearinghouse if applicable. The notice shall also be sent to every federal agency who owns land involved with the project or who is involved in approving, permitting or funding the project. The Notice of Preparation shall provide the respective agencies with sufficient information describing the project and environmental effects to enable the Responsible Agencies to make meaningful responses. The Notice of Preparation shall include: A description of the project The location of the project indicated on an attached map The possible environmental effects of the project A copy of the Initial Study when appropriate LAFCO shall consult with affected agencies, technical experts, or interested persons and groups in order to maximize the quality of, and disclosures contained in the environmental document. When requested by a Responsible Agency, Trustee Agency, or project applicant, the Environmental Coordinator shall convene a meeting with one or more Agencies to discuss the scope and content of the proposed EIR as soon as possible, but not later than thirty (30) days after the meeting is requested. Meetings may also be held with interested individuals, other technical experts, or CEQA professionals or others who can contribute to the completion of an adequate CEQA document. The Environmental Coordinator shall prepare, or cause to be prepared, a Draft EIR containing all the information required by Article 9 of the State CEQA Guidelines. The Draft EIR may be prepared by existing staff or by supplemental technical staff retained for the duration of a specific environmental review process. The Environmental Coordinator may also choose to retain a qualified consultant to conduct required reviews under staff direction. The Environmental Coordinator should consult with the project applicant as to the choice of a consultant or technical staff; however, the Environmental Coordinator retains the responsibility to choose a consultant as he considers appropriate. Any consultant used shall prepare the review pursuant to a plan prepared by the Environmental Coordinator. The Environmental Coordinator shall review the consultant’s work and require that the review reflect LAFCO’s independent judgment. As soon as the Draft EIR is completed, the Environmental Coordinator shall file a Notice of Completion with the State Office of Planning and Research (OPR) as provided in Section 15085 of the State CEQA Guidelines. The Notice of Completion shall conform substantially with Exhibit F attached to these procedures. Concurrent with filing of the Notice of Completion, the Environmental Coordinator shall distribute the Draft EIR and provide notice as required in Section 15087 of the State CEQA Guidelines. Public review periods for Draft EIRs shall not be less than thirty (30) days nor more than ninety (90) days. If LAFCO is the Lead Agency for a project over which a state agency has legal jurisdiction, the Environmental Coordinator shall submit the Draft EIR to the State Clearinghouse and the review period shall be no less than 45 days unless a request for a shortened review period is granted by the State Clearinghouse. A public hearing is not required on a Draft EIR but at the discretion of the Environmental Coordinator one may be scheduled for the Commission. This is not a public hearing for approval of the project. At the public hearing, the Commission shall consider the contents of the Draft EIR; consider any written comments submitted by reviewers of the Draft EIR; and hear any oral testimony relative to the Draft EIR from those in attendance at the hearing. If the Draft EIR is substantially questioned as to content or if testimony received requires responses, the Environmental Coordinator shall be instructed to prepare responses which will be incorporated into a Final EIR. At the initial hearing, if no substantive questions are raised regarding the content or adequacy of the Draft EIR, LAFCO may certify the Draft EIR as a Final EIR. If questions are raised that require response, or at the discretion of the Commission, the Draft EIR will not be certified until the public hearing for approval of the project. Final Environmental Impact Report Process As a result of questions raised during the Draft EIR process, the Environmental Coordinator may require the project applicant to submit additional information necessary for preparation of the Final EIR (FEIR). The Environmental Coordinator shall prepare, or cause to be prepared a Final EIR containing: The Draft or revised Draft EIR Comments and recommendations received on the Draft EIR A list of persons, agencies and organizations commenting on the Draft EIR Responses to significant environmental points raised during the review and consultation processes Any information added by the Lead Agency [State CEQA Guideline 15132]. The Environmental Coordinator shall distribute the Final EIR to those agencies and persons who submitted comments on the Draft EIR. Written responses to comments received from public agencies will be provided to those agencies at least ten days before the LAFCO hearing to certify the Final EIR. At the public hearing for approval of the project, the Commission shall consider the Final EIR; hear any testimony relative to the EIR from those in attendance at the hearing; certify the Final EIR and adopt any findings as required by this section. If LAFCO fails to certify the Final EIR, it shall advise the Environmental Coordinator what further information is desired. The Final EIR shall be certified prior to action upon the project. No project will be approved without certification of the EIR. To certify an EIR LAFCO must certify that: The final EIR has been completed in compliance with CEQA. The final EIR was presented to LAFCO and reviewed and considered by LAFCO prior to approving the project. The Final EIR reflects the independent judgment and analysis of LAFCO. If LAFCO intends to approve a project for which the Final EIR identifies one or more significant effects, LAFCO may require the proponent of the project to provide and submit evidence into the record to substantiate the need to approve the project notwithstanding the identification of the proposed project’s significant environmental effects. LAFCQ shall not approve a project for which a Final EIR has been certified and which identifies one or more significant environmental effects of the project unless LAFCO makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding (Section 15091 State CEQA Guidelines). The Environmental Coordinator shall prepare, or cause to be prepared, written findings in each area identified as significantly effected. Oral findings may be made and approved by LAFCO as part of the hearing process, provided such oral findings are transcribed and placed in the project file. Each finding shall be supported by substantial evidence in the record. No action on a project shall be considered final until Findings are adopted. LAFCO may continue any hearing on a project to allow a reasonable period to draft proposed findings as long as such continuance does not exceed limits required pursuant to the Cortese Knox-Hertzberg Local Government Reorganization Act of 2000. Unless otherwise ordered by LAFCO, any public hearing continued for the sole purpose of preparation of proposed findings shall be deemed a closed hearing and additional evidence and testimony shall not be received. Possible findings are: Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the Final EIR. Specific overriding economic, legal, social, economic, technological or other benefits of the project outweigh the significant effects on the environment and identified considerations render proposed mitigation measures or project alternatives identified in the Final EIR infeasible. This finding shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. If mitigation measures are adopted by LAFCO for the purpose of reducing the environmental impacts of a project, a mitigation monitoring and reporting program shall be prepared and adopted pursuant to Section 21081.6 of CEQA using forms found in Exhibit H. (Note: form needs to be made) Within five days after project approval, a Notice of Determination, which shall conform substantially to Exhibit E, shall be filed by the Environmental Coordinator with the County Clerk. This notice shall be posted within 24 hours of receipt and for a minimum of thirty (30) days. An endorsed copy of the Notice shall be obtained by the Environmental Coordinator with a notation of the period it was posted. If the project requires discretionary approval by a state agency, the Notice shall also be filed with the State Office of Planning and Research (OPR). State Fish and Game fees are due at this time unless a Certificate of Fee Exemptions is filed. D. Categorical Exemptions A categorical exemption is an exemption from CEQA for a class of projects that the Secretary of Resources determines generally will not have a significant effect on the environment, unless an exception to the categorical exemption exists. There are currently thirty-two Categorical Exemptions that have been created by the state. Each public agency must establish its own list of specific activities falling within each class. Pursuant to Section 15300.4 of the State CEQA Guidelines, LAFCO hereby lists those classes of projects that are exempt from these procedures and are likely to be used by LAFCO. (See the cited section for a complete description of the exemptions.) Class 1 - Existing Facilities [15301]. Class 2 - Replacement or Reconstruction [15302]. Class 3 - New Construction or Conversion of Small Structures [15303]. Class 4 - Minor Alterations to Land [15304]. Class 6 - Information Collection [15306]. Class 7 - Actions by Regulatory Agencies for Protection of Natural Resources [15307]. Class 8 - Actions by Regulatory Agencies for Protection of the Environment [15308]. Class 19 - Annexations of Existing Facilities and Lots for Exempt Facilities [15319]. Class 19 consists of two types of only the following annexations: Annexations to a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing environmental agency whichever is more restrictive, provided however that the extension of utility services to the existing facilities would have the capacity to serve only the existing facilities and; Annexations of individual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures.” Class 20 - Changes in Organization of Local Agencies (§15320). Class 20 consists of changes in the organization or reorganization of local government agencies where the changes do not change the geographical area in which previous existing powers are exercised. Examples include but are not limited to: Establishment of a subsidiary district; Consolidation of two or more districts having identical powers and; Merger with a city of a district lying entirely within the boundaries of the city. Class 22 - Educational or Training Programs Involving No Physical Changes [15322]. Class 24 - Regulation of Working Conditions [15324]. Class 25 - Transfers of Ownership of Interests in Land to Preserve Existing Natural Conditions and Historical Resources [15325]. Class 27 - Leasing New Facilities [15327]. Pursuant to §15300.2, the following exceptions to the Categorical Exemptions exist: Specific classes. Class 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located. A project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, EXCEPT where the project may impact on an environmental resource of hazardous or critical concern where such resource is designated, precisely mapped, and officially adopted pursuant to law by federal, state or local agencies. All exemptions are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances (§15061 (b)(3)). A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements that are required as mitigation by an adopted ND or certified EIR. A categorical exemption shall not be used for a project located on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code. A categorical exemption shall not be used for a project that may cause a substantial adverse change to significance of a historical resource. Notice of Exemption (NOE) LAFCO shall file an NOE at the County Recorder-Clerk’s Office for any projects for which such determination is made. The form used to document and file NOEs is attached as Exhibit G. E. Statuory Exemtions The Legislature has enacted a variety of statutory exemptions from CEQA. A project that falls within statutory exemption is not subject to CEQA even if it has potential to significantly affect the environment. A project that is statutorily exempt is entitled to a blanket exemption from all of CEQA’s procedures and policies as delineated by the statutory language. The most common or widely used statutory exemptions include such things as ministerial projects that requires no exercise of judgment or deliberation (e.g. building, grading and demolition permits); emergency projects for repair of property or facilities damaged by natural disasters; rejected or disapproved projects when the public agency determines that the application for project approval will not be approved; setting of rates, tolls or other similar charges and; feasibility or planning studies carried out by a public agency when the agency has not approved, adopted or funded any particular action. Pursuant to Section 15300.4 of the State CEQA Guidelines, LAFCO hereby lists those classes of projects that are statutorily exempt from these procedures. All those exemptions listed in Section 21080 of CEQA. Notice of Exemption (NOE) LAFCO shall file an NOE at the County Recorder-Clerk’s Office for any projects for which such determination is made. The form used to document and file NOEs is attached as Exhibit G. F. Incorporation of State CEQA Guidelines As to matters not specifically covered by these procedures, the procedures and provisions set forth in the State CEQA Guidelines shall apply to, govern and control matters. G. Miscellaneous Projects Applications filed for projects which may require the preparation of EIRs, NDs or MNDs and are not otherwise provided for in these procedures shall be processed as determined by the Environmental Coordinator. If any person is dissatisfied with the determination of the Environmental Coordinator as to the method of processing, he/she may appeal the determination as provided in these procedures. H. Review by State Agencies EIRs, NDs and MNDs to be reviewed by State agencies shall be submitted to the State as prescribed in Section 15205 of the State CEQA Guidelines. State Agency Review of Projects of Statewide, Regional or Area-wide Significance will proceed according to the following provisions: EIRs, NDs and MNDs shall be submitted to the State Clearinghouse, as prescribed in Section 15206 of the State CEQA Guidelines, or whenever the Environmental Coordinator determines that a project may be of statewide, regional or area-wide significance. The Environmental Coordinator shall request that the State Clearinghouse transmit a copy of each project’s State Clearinghouse distribution list to LAFCO. If the State Clearinghouse distribution list indicates that a project has been reviewed by the State Department of Fish and Game, the project will be determined to not be de minimis. The Environmental Coordinator may also determine that a project is not de minimis, and may submit a project to the State Fish and Game Department specifically for environmental review purposes, independent of action by the State Clearinghouse. In either case, the project will be subject to State Fish and Game fees pursuant to Section 21089 of the Public Resources Code, and Section 711.4 of the State Fish and Game Code regulations. The Environmental Coordinator shall notify the project proponent of the need to collect State Fish and Game fees. LAFCO shall not approve a project for which an EIR, ND or MND has been prepared and which is not de minimis until State Fish and Game Department fees have been collected. Pursuant to state law, no project found not to be de minimis is vested or approved until Fish and Game fees have been collected. LAFCO may continue any hearing on a project so that the applicant can remit required fees to LAFCO as permitted pursuant to the Cortese/Knox-Hertzberg Local Government Reorganization Act of 2000. Unless otherwise ordered by LAFCO, any public hearing continued solely for the purpose of collecting fees shall be deemed a closed hearing and additional evidence and testimony shall not be taken. If a project is found not de minimis, and fees have been collected, LAFCO shall note in the public record that Fish and Game fees have been collected pursuant to Section 21089 of CEQA. The Environmental Coordinator shall maintain proof of fee payment in the project history file. The Environmental Coordinator shall include the final approving body’s findings and record of fee payment on the Notice of Determination for a project. Fees will be deposited with the County Recorder-Clerk. I. Public Notices and Public Review Periods The following processes shall be used for providing public notice: A Notice of Intent to adopt or consider an ND or MND shall be provided to the public not less than twenty-one (21) days in advance of the hearing. The Environmental Coordinator shall cause such notice to be posted in the County Recorder-Clerk offices for a period of at least 21 days. Public notice shall be mailed to any person who has filed a written request for such notice and shall also be published at least one time in a newspaper of general circulation in the area affected by the proposed project. A public notice of the availability of the Draft EIR shall be provided at the same time as the Draft EIR is made available for public review and not less than 30 days in advance of the hearing. The Environmental Coordinator shall cause such notice to be posted in the offices of the County Recorder-Clerk for a period of at least 30 days running concurrent with the public review period. Notice shall be mailed to the last known name and address of all organizations and individuals who have previously requested such notice in writing, and shall also be published at least one time in a newspaper of general circulation in the area affected by the proposed project. A Notice that a Final EIR will be considered by LAFCO as Lead Agency shall be provided to the public not less than thirty (30) days in advance of the hearing. Public notice shall be mailed to any person who has filed a written request for such notice and shall also be published at least one time in a newspaper of general circulation in the area affected by the proposed project. The following processes shall be used for providing an adequate time period for public review: The public review period for an ND or MND shall be not less than twenty-one (21) days. When the ND or MND is submitted to the State Clearinghouse for review, the review period shall be at least 30 days. Any request for a shortened review period must be submitted, in writing, to the State Clearinghouse by the Environmental Coordinator. The shortened review period shall not be less than twenty (20) days. The public review period for a Draft Environmental Impact Report (DEIR) shall not be less than thirty (30) days. When a DEIR is submitted to the State Clearinghouse for review, the review period shall be at least forty-five (45) days. Any request for a shortened review period must be submitted, in writing, to the State Clearinghouse by the Environmental Coordinator. The shortened review period shall not be less than 30 days. J. Mitigation Monitoring Programs (MMP) MMPs shall be adopted prior to the approval of a proposed project. Certificate of Completions shall not be issued, nor boundary changes filed with the State Board of Equalization, until all elements of the adopted MMP have been completed. The MMP shall include: A list of mitigation measures stated exactly as adopted by LAFCO. For each mitigation measure, actions that need to be taken by the project proponent other public agencies and LAFCO will be listed. For each mitigation measure, every action needed to complete the mitigation measure shall be clearly described and include an anticipated date or timetable for completion. For each mitigation measure, a section where field notes, status information and problem resolution data can be entered. For each mitigation measure, a location for, and description of, LAFCO verification actions.
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