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HomeMy WebLinkAbout8 CEQA Proceduresenda Item # CONSENT To: Board of Directors From: Kathleen Neus Date: August 19, 2015 Subject: Adoption of California Environmental Quality Act Procedures (CEQA) 1. WHY THIS MATTER IS BEFORE THE BOARD Only the Board can authorize changes to District Code, 2. HISTORY The California Public Resources Code requires the District to have written procedures in place for the environmental evaluation of projects. A workshop regarding the California Environmental Quality Act procedures, Attachement 1, was held a the April 15, 2015 Board meeting. 3. NEW INFORMATION At the April 15, 2015 Board meeting a workshop was held regarding the California Environmental Quality Act procedures. The main features of the document include: • During the planning and design stage make the determination as to whether or not the activity is subject to CEQA prior to the initial study • Should the activity be subject to CEQA, an Initial Study shall be performed to determine as to whether an exemption, negative declaration or an EIR is required • If there is no significant effect on the environment a determination as to prepare either a Negative or Mitigated Negative Declaration shall be made • Should there be a significant effect on the environment an EIR shall be prepared An additional exemption as been added to the "No Significant Effect" section: Other Statutory Exemptions The installation of new pipeline or maintenance, repair, restoration, removal, or demolition of an existing pipeline as set forth in Section 21080.21 of the Public Resources Code, as long as the project does not exceed one mile in length. Updating of District Code requires a resolution by the Board. A resolution has been prepared and is included as Attachment 2. 4. FISCAL IMPACT There is no fiscal impact associated with this workshop item. 5. RECOMMENDATION Approve the attached resolution updating CEQA Procedures to District Code, Title 2, Administration, Michael D. Holley General Manager Attachment 1 Procedure for the Implementing the California Environmental Quality Act of 1970 I. Intent It is the intent of the Truckee Donner Public Utility District to comply with all applicable California laws and regulations, including, but not limited to, the following: 1. The provisions of the California Environmental Quali�Act (CEQA) of 1970, set forth in Division 13 of the California Public Resource Code��§21000 et seq., or as such laws maybe subsequently amended, 2. The regulations set forth in Title 14 of the Calf a e of Regulations (CCR) §15000 et seq., or as regulations may be subsequentl__-�-�nended, 3. The mitigation monitoring and reportiuirements as Resources Code §21081.6, or as suchl- may be subseque 4. The local procedures hereafter set fo II. Adoption of State of Californi The regulations currently set foi (State CEQA Guidelines) as such District's proceds III. Procedure In administering p muslff-MM�&-to the reservation 1. ion felines f the CCR10 ns rr e subse environ reso flick-�,h other I qual h in the California Public ded, ndices A through N, inclusive, amended, are adopted as the I qualities of the District, careful consideration and activities. The objective will be to cause ies while making full and proper provision Environmental needs must be given equal Each Depart t o�istrict which proposes a project which may affect the environment shall complete—��CEQA compliance required and shall incorporate environmental considerations into the project conceptualization, design, and planning. 2. Initial Study A determination as to whether a negative declaration or an EIR shall be prepared shall be made and the initial study shall provide documentation of the factual basis for the finding of an exemption, negative declaration, or EIR. As soon as practicable, a determination as to whether a negative declaration and/or an EIR shall be prepared. The initial study shall CEQA Procedures 8/19/2015 Attachment 1 provide documentation of the factual basis for the finding of an exemption, negative declaration, or EIR. 3. No Signcant Effect — Decision to Prepare a Negative or Mitigated Negative Declaration A decision to exempt the project or prepare a negative declaration shall be determined based upon the regulations as currently set forth in the CCR Chapter 6. Negative Declaration Process Sections 15070 - 15075 of the California Envirantal Quality Act The District may determine a finding to prepare=tee or mitigated negative declaration based upon the classes found within Ar-t CaWical Exemptions. The below mentioned sections are by no means inCWWW i. Existing Facilities Class 1 consists of the oteration, repair, ate€-e, permitting, Wig, licensing, or minor alteration of existin nor private st -fires, facilities, mechanical equipment, or topographical features, invotftg We or not—m nsion of use beyond that existing at the time of the lead agency's d bTmina The type existing facilities" itemized below are not intender maze all-inclusr f the t - f projeMwwhich might fall within Class 1. The key comm ratifflWis., whether© is negligible or no expansion of an existing use facilities--_-f-�_- bob=���tor and----�--blicly-owned utilities used to provide electric Meal gas,-Ie rage, ci—ri r ubmMitility services; .Restoration oi�r--•_�bilitatr���f deteriorated or damaged structures, facilities, or mechanical ipment to III IICnt ndard3 of public health and safety, unless it is determined tlifflMe damage ww1substar ( and resulted from an environmental hazard such as earths We, landslide, lood; ii. Replac�me�r Reconstruction Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. CEQA Procedures 8/19/2015 Attachment 1 Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. iii. New Construction or Conversion of Small Structures Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and ao— ties in small structures; and the conversion of existing small structures from ose to another where only minor modifications are made in the exterior of the stimm numbers of structures described in this section are the maximum allowable any legs---_�--cel. Examples of this exemption include, but are not limited to: Water main, sewage, electrical, g nd other utility externs, including street improvements, of reasonable length to servemsuch cons —Ruction. iv. Minor Alterations ��i Class 4 consists of minor pubs r pr e-alteratioe he condition of land, water, and/or vegetation which do not involve-rrnovamalthy, malt scenic trees except for forestry or agriculture Examples elude, b-€r� A lim to: Minor trey Viand bacWling where urface is restored. Mexati rs cilities ar Aots for Exempt Facilities Class 19 consraf onlyollowing arfnexations: exations to alit or srgftl district of areas containing existing public or private struMffes develope IM-the density allowed by the current zoning or pre -zoning of either the gate or losing gMA rnmental agency whichever is more restrictive, provided, however, that the =etnsion ofMMty services to the existing facilities would have a capacity to serve only the exis fa off . Annexations of ifffividual small parcels of the minimum size for facilities exempted by Section 15303, New Construction or Conversion of Small Structures. An opportunity for public review and comments shall be provided for a negative declaration in accordance with the CCR. CEQA Procedures 8/19/2015 Attachment 1 vi. In -Fill Development Projects Class 32 consists of projects characterized as in -fill development meeting the following requirement that the site can be adequately served by all required utilities and public services. vii. Special Situations Other Statutory Exemptions The installation of new pipeline or mai demolition of an existing pipeline as Resources Code, as long as the project d 4. Significant Effect— Prepare EIR If the project is deemed too may have a sr 1Gant the provisions of the CCRdWdshall then pr(ft Impact Report (EIR). The st�ollowed aft to be followed as found in th Off - tes and 15080 - 15097. repair, restoration, removal, or Section 21080.21 of the Public mile in length. cause to prepa on the basis of Environmental rmination that an EIR is required are es, Article 7. EIR Process, Section i. Nfl€t�=of Pre►3a�ion and err�ion ����e of EIR mmediately a�decidi�=_ at an EIR required for a project, the District or lead agency AiNvOLto the X _ _ Wand ReSearch and each responsible agency a notice of preparati ting NW —an EIR wti . prepared. The notice is to include sufficient information Bribing project, tWe location of the project, and the probable fi v_ironmental effeMto end e responsible agencies to a meaningful response. ii. ��sponse to Rice of Preparation Within 30 daf eeiving the notice of preparation the Office of Planning and Research and each respor�agency will provide specific responses to their areas of responsibility to the District. Should there be no response from any of the responsible agencies; the District may presume that none of the agencies have a response to make. If any responsible agency requests a meeting, the District will convene a meeting within 30 days after a meeting is requested. Notice of the meeting will be sent by the District to any responsible agency. CEQA Procedures 8/19/2015 Attachment 1 iii. Early Public Consultation Prior to completing the drafta may also consult directly with any person or organization that it believes will be concerned with the environmental effects of the project. iv. Preparing the Draft EIR The draft EIR shall be prepared by or under contract by the District, or by using a previously prepared EIR. The required contents of the draft EIRo be found in CEQA Statues and Guidelines, Article 9, Sections 15120 — 15132. v. Consultation Concerning Draft EIR The District will consult with and mments on the agencies, agencies with resources aff by the project and and local agencies which have jurisdiction b r with X—MRct to the county that borders the ciounty withinproject is loi IR from any responsible bier state, federal and t and any city or vi. Public Review of DrafR The District - oVide public 6MIce of th ' bility o1W_-- draft EIR at the same time it sends a n va-of comp on to the cifd annin Research. Additionally there must be at least atime purgation in a Umpspaper of general circulation in the affected area, posting of noffe�� the" ct and a act mailing to owners and occupants of property gto the he pr��t is located. The notice mlrsMntain ief description of the project, including location, start and end des of the revieriodplace and time of the scheduled public meeting, a list of sigoant environmal effects —Anticipated as a result of the project, and address where copiethe Draft twill be available. The District will make copies of the draft EIR available�--Ahe pulthrough the use of the public library system and any other responsible a -- e The time frame foT public review shall not be less than 30 days but no more than 60 days. When a draft EIR is submitted to the State Clearinghouse for review by state agencies, the public review period shall not be less than 45 days, unless a shorter period, not less than 30 days, is approved by the State Clearinghouse. The District shall use the State Clearinghouse to distribute draft EIRs to state agencies for their review. vii. Evaluation of and Response to Comments CEQA Procedures 8/19/2015 Attachment 1 The District shall evaluate all comments on environmental issues received during the public review period and shall prepare a written response to each. All written comments are to be given to any public agency at least 10 days prior to certification of the EIR. The written response shall describe the disposition of significant environmental issues raised; there must be good faith, reasoned analysis in response. Responses to comments may take form of a revision within the draft EIR. viii. Recirculation of an EIR Prior to Certificat 'there is significant new information addi District will be required to recirculateR. I R after public notification, the motion may include changes in t-���-ate or other information. New information added is not cored significant unlohe EIR is changed in a he project or environmental setting rell as additio way that deprives the public of �.opportun adverse environmental effect. Recirculation is not neces makes insignificant modificar must be supported by substz- are to be sum ci within C � ix. Predation h;strict shVVi ceived, a aft EIR. The any significa x. mments m C I EIR to commit on a substantial ew information is used to clarify or decision to not recirculate an EIR inistrative record. All revisions —anal Elrior to the approval of the project. The of a rem, off draft, comments and recommendations it s, organffaWns and public agencies commenting on the nts -also to include the responses of the District as it relates nts ram during the review and consulting process and any � by the District. e Final EIR Prior to the apt-aZal of the project the District shall certify that the final EIR has been completed in compliance with CEQA and the final EIR was presented to the District's Board of Directors. xi. Findings The District shall not approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects unless the District makes one or more written finding for each of the significant effects, CEQA Procedures 8/19/2015 Attachment 1 accompanied by a brief explanation for each finding. The findings need to be supported by substantial evidence in the record and the District shall also adopt a program for reporting on or monitoring the changes which were either required in the project or made a condition of the project. CEQA Procedures 8/19/2015 Attachment 2 Resolution No. 2015 - 17 UPDATE CEQA PROCEDURES INCLUDED WITHIN DISTRICT CODE TITLE 29 ADMINISTRATION WHEREAS, the District Code provides rules and regulations intended to convey a comprehensive description of the manner in which the District operates, handles its finances and performs its accounting; and WHEREAS, periodically, the District Code should be reviewed and updated to conform to District Board directives, new applicable laws and regulations and improvements; and WHEREAS, the California Public Resource Code, Section 21082 requires the District to have written procedures in place for the environmental evaluation of projects (CEQA); and WHEREAS, a workshop was held on April 15, 2015 for the Board and the public to review and comment on the proposed CEQA procedures to be incorporated into Title 2; and WHEREAS, the revised version of Title 2 will bring the District's codes and policies up-to-date. NOW THEREFORE, BE IT RESOLVED, that the Board of Directors does hereby adopt the CEQA procedures as an amendment into District Code, Title 2, Administration per Attachment 1. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District in a meeting duly called and held within said District on the nineteenth day of August, 2015 by the following roll call vote: AYES: ABSTAIN: NOES: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By: Bob Ellis, ATTEST: President of the Board Michael D. Holley, Clerk of the Board