HomeMy WebLinkAbout7-Consideration of a Resolution to Adopt California Environmental Quality Act (CEQA) ProceduresAgenda Item # 7
ACTION
To:
Board of Directors
From:
Kathleen Neus
Date:
February 15, 2012
Subject: Consideration of a Resolution to Adopt California Environmental
Quality Act (CEQA) Procedures
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.
Section 21082 of the California Public Resources Code states: All public agencies
shall adopt by ordinance, resolution, rule, or regulation, objectives, criteria, ana
procedures for the evaluation of projects and the preparation of environmental impact
reports and negative declarations pursuant to this division. A school district, or any
other district, whose boundaries are coterminous with a city, county, or city and county,
may utilize the objectives, criteria, and procedures of the city, county, or city ana
county, as may be applicable, in which case, the school district or other district neea
not adopt objectives, criteria, and procedures of its own. The objectives, criteria, ana
procedures shall be consistent with the provisions of this division and with the
guidelines adopted by the Secretary of the Resources Agency pursuant to Section
21083. Such objectives, criteria, and procedures shall be adopted by each public
agency no later than 60 days after the Secretary of the Resources Agency has
adopted guidelines pursuant to Section 21083.
3. NEW INFORMATION
At the February 1st Board meeting, the Board was presented with a draft CEQA
Procedures document. District counsel has reviewed and changes have been made to
the document (Attachment 1).
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 preformed 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 Mitigate Negative Declaration shall be made
• Should there be a significant effect on the environment an EIR shall be
prepared
The resolution (Attachment 2) will adopt the CEQA Procedures being added as
Section 2.60 to the District Code, Title 2 Administration.
4. FISCAL IMPACT
There is no fiscal impact associated with this workshop item.
5. RECOMMENDATION
Approve the attached resolution Adopting CEQA Procedures as an Amendment to the
District Code Title 2, Administration
Michael D. Holley
General Manager