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HomeMy WebLinkAboutAdopting CEQA guidlines 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 Quality Act (CEQA) of 1970, set forth in Division 13 of the California Public Resource Code (PRC) §21000 et seq., or as such laws maybe subsequently amended, 2. The regulations set forth in Title 14 of the California Code of Regulations (CCR) §15000 et seq., or as regulations may be subsequently amended, 3. The mitigation monitoring and reporting requirements as set forth in the California Public Resources Code §21081.6, or as such laws may be subsequently amended, 4. The local procedures hereafter set forth. II. Adoption of State of California CEQA Guidelines The regulations currently set forth in Title 14 of the CCR, and Appendices A through L, inclusive, (State CEQA Guidelines) as such regulations may be subsequently amended, are adopted as the District’s procedures. III. Procedure In administering protection of the environmental qualities of the District, careful consideration must be given to the effect on all other resources and activities. The objective will be to cause the least possible conflict with other uses and activities while making full and proper provision for preservation of environmental qualities. Environmental needs must be given equal consideration. 1. Project Each Department of the District which proposes a project which may affect the environment shall complete the 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 provide documentation of the factual basis for the finding of an exemption, negative declaration, or EIR. 3. No Significant 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 Environmental Quality Act The District may determine a finding to prepare a negative or mitigated negative declaration based upon the classes found within Article 19.Categorical Exemptions. The below mentioned sections are by no means inclusive. i. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The types of "existing facilities" itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of an existing use. Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood; Additions to existing structures provided that the addition will not result in an increase of more than: The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan ii. Replacement or 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. 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 facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to: Water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. iv. Annexations of Existing Facilities and Lots for Exempt Facilities Class 19 consists of only the following annexations: (a) 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 governmental agency whichever is more restrictive, provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities. (b) Annexations of individual 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. v. 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. 4. Significant Effect – Prepare EIR If the project is deemed too may have a significant effect on the environment on the basis of the provisions of the CCR, staff shall then prepare, or cause to prepare, an Environmental Impact Report (EIR). The steps to be followed after determination that an EIR is required are to be followed as found in the CEQA Statutes and Guidelines, Article 7. EIR Process, Section 15080 - 15097. i. Notice of Preparation and Determination of Scope of EIR Immediately after deciding that an EIR is required for a project, the District or lead agency shall send to the Office of Planning and Research and each responsible agency a notice of preparation stating that an EIR will be prepared. The notice is to include sufficient information describing the project, the location of the project, and the probable environmental effects to enable the responsible agencies to a meaningful response. ii. Response to Notice of Preparation Within 30 days after receiving the notice of preparation the Office of Planning and Research and each responsible 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. iii. Early Public Consultation Prior to completing the draft EIS, the District 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 EIR are to be found in CEQA Statues and Guidelines, Article 9, Sections 15120 – 15132. v. Consultation Concerning Draft EIR The District will consult with and request comments on the draft EIR from any responsible agencies, agencies with resources affected by the project and any other state, federal and local agencies which have jurisdiction by law with respect to the project and any city or county that borders the city or county within which the project is located. vi. Public Review of Draft EIR The District shall provide public notice of the availability of a draft EIR at the same time it sends a notice of completion to the Office of Planning and Research. Additionally there must be at least a onetime publication in a newspaper of general circulation in the affected area, posting of notice by the District and a direct mailing to owners and occupants of property contiguous to the parcel(s) on which the project is located. The notice must contain a brief description of the project, including location, start and end dates of the review period, date, place and time of the scheduled public meeting, a list of significant environmental effects anticipated as a result of the project, and address where copies of the Draft EIR will be available. The District will make copies of the draft EIR available to the public through the use of the public library system and any other responsible agencies. The time frame for 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 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 Certification If there is significant new information added to the EIR after public notification, the District will be required to recirculate the EIR. Information may include changes in the project or environmental setting as well as additional date or other information. New information added is not considered significant unless the EIR is changed in a way that deprives the public of the opportunity to comment on a substantial adverse environmental effect. Recirculation is not necessary where the added new information is used to clarify or makes insignificant modifications to the EIR. The decision to not recirculate an EIR must be supported by substantial evidence in the administrative record. All revisions are to be summarized within the revised EIR. ix. Preparation of Final EIR The District shall prepare a final EIR prior to the approval of the project. The contents are to consist of a revision of the draft, comments and recommendations received, a list of persons, organizations and public agencies commenting on the draft EIR. The contents are also to include the responses of the District as it relates to any significant points raised during the review and consulting process and any other comments made by the District. x. Certification of the Final EIR Prior to the approval 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, 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.