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HomeMy WebLinkAbout10 California Environmental Quality Act Procedures Agenda Item TRUCKEE DONNER Public Utility District WORK HOP To: Board of Directors From: Kathleen Neus Date: February 01, 2012 Subject: Discussion 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 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, and 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 and county, as may be applicable, in which case, the school district or other district need not adopt objectives, criteria, and procedures of its own. The objectives, criteria, and 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 A first draft of a written procedure is attached (Attachment 1). 4. FISCAL IMPACT There is no fiscal impact associated with this workshop item. 5. RECOMMENDATION Review this report and provide comment. 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 Quality Act (CEQA) of 1970, set forth in Division 13 of the California Public Resource Code tP §21000 et seq., or as such laws maybe subsequently ntIYamended, _ - -- -:_=___ _ ==::: I i n (CCR)2. The regulations set forth in Title 14 of the Calde of Regu at o s §15000 et seq.,or as regulations may be subsequently==aide , 3. The mitigation monitoring and re o rti n � i rem a is aslWfor th in the Cal ifornia Public -- Resources Code§21081.6 or as such,; r a be subse ue t y_ , _ Y q - 4. The local procedures hereafter set o �:�.___::_,.:;::;:. p - - of State of California:: :. Gu de es= = : I. Adoption -:.�:::::.:::::. ► - _ - -- .-_--:- - :___==-=-- _ -_ _-=--== through h L inclusive, n i A t ou- - f h � d Appendices d ces The regulations current) set for _ . -.1 0 .._.._ _.- adopted as the i:.� =�===�..�....-����::.. b e subse"����=���="������=�.. :n t amended, aea State CEQA Guidelines} as such rat o :: y.::: yp r r.::.:. __:::::: ___ ' ri cedu - III. = -_ : _ - __ -____:_ _ _Procedure _ _ n administering p� 'o n: n vir n -�_�-___--�-___- qualities of thDistrict, careful consideration _ .__-.=.......-...:. u`i_ca_ _m e : s and activities. The objectivew be to cause s e=� ohe ... tivi ies while making full and properprovision: n fl of a us == reservation vir o n ` tauali qualities. Environmentalneeds must be given equal corYS at ion. 1. Praf :. Each De arty ` ``=:=::_:=` `���District which proposes a project which may affect henvironment p � `. � p p p � y a ect the shall completeA 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 Enviror�_ ental Quality Act The District may determine a finding to prepare ...�=__: "." r mitigated d negative ive declaration i based upon the classes found within Art. vr'caI Exemptions. The be ow r n means inclu'-:. :. mentioned sections are b o ,_ .;: . Ex stin Facilitieses - -_-____ == - - =: mi in I ::-_:aicensin or Class 1 consists of the operation, repair, r = � enanc _. tt g, eas :::_._.- g, _---_ - - - facilities, m h n == 1 ui ment or r r iv ������������� minor alteration of existin:=�_�"��- _ic o ate s , or no sian of use beyond that existingatVOW ible topographical features in . :::: n rr -- The t "- =="-= = existing facilities" itemized below the time of the lead agency's s � n yp . .: .::: g ::::: f r `= ` `:..hich might fall within Class 1. are not intended to be all inclu�'tvof th �`��-�=�=��=`�`��= :.,� o eo ..: - a _ ::_::� The key con __:_ :.whether t .:.:: roe _ =-:: := :::ne Ie o r no expansion of an e ::.: .:: e .:::.:: .. ::..: -: Y J g - - _ ___ _ ...........................exi tin u_ =_ Existing facility both." estor and pa _ly-owned utilities used to provide electric ur I g : : u ::. ::_u t t ices; : _: :::::::: p : ._ = ssto ration ha biIi of deter[ or damaged structures,facilities, or mechanical c a :: :::.: �= ` r ..__ d�= ui m nt to r �- urr n� .. n_ ards of public health and safety, unless it is deter mi n e d ................. � - ha damage = :_ bstante d resulted from an environmental hazard such as ear ke, landslid6W flood; Addi i ns isting st= tures provided that the addition will not result in an increase of ----------------- m r th an: The project isa 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 lim ---- mbers of new, small facilities or ui men :. = cilities in small structures; and the structures; installation of small new eq p t... , conversion of existing small structures frog Wto anoth er rwhere on ly Iy minor r�` ture. ��= mbers of structures described modifications are made in the exterior of tt uc f this- I t s=� m s o in this section are the maximum allow = �n an le al a cx p Y g p in I de b ut are not limited to: ___ - -- -- ____ ___- ____== ____= r :.:.:. Water main, sewage, electrical, gas, _:: tie' utility extensionI. including street ry i `= s t u ct o improvements,of reason= _ .th to se a s .:; n. iv. Annexations of Existir. �aciiit _ d Lots fore= m t Facilities .......... p = n n _ :::::::::::::::::::. _ Class 19 con. l .:o :::t the fo I l o v a a� ___.::::.:::.:::::::::::::. ..... --------------- a Annexj�to a city ecial diS t= areas confMhing existing public or private r r nin f either- current pre-zoning of structures de :::ed to �densit a o� � b h r t o 0 t- e ��nn. .or sIo is more re strictive, provided,a ow eve , :: � In facilities would have a capacity tose e t :.-: _ ..........................nIYhe :_:: :_.. _ n nexatio ns o = Id ua.-� � I parcels e minimumsize for facilities exempted ted b __ =- Conversion f mall Structures. Sep 15303, New�=� structi � :::; o S An o AfiWt for pubk review and comments shall be provided for a negative declaration in accordan: .-Mt th .. R. --.------.--.----. 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. L Notice of Preparation and Determination of. of EIR Immediately after deciding that an EIR is req _ for-- __ roject, the District or lead agency f Planning and R = ::arch and 65._ s onsible agency a notice o shall send to the Office o g - p g y = sufficient I i include a red. The ` ote s to .preparation stating that an EIR will::............ ::::::::_P ep location of the t and the information describing the projec t...:....:. ...:.. .,:.__:.;__:.. probable --------------- .................. environmental effects to enable the re s ble agengk$to a means al response. ii. Response to N of � ration -_- ----. . Wi hin 30 da s after receivin = noti ::.:_.off... re aratia a Office of Planning and Research t Y g = p g : agency es o`r -- - t-oand each respr _'-t the'rresponsibilityareas of _ h- responsible agencies; t_- h r n b a e c es e •_._::_:__ the e s o s e_..::.here b e _` =::.::res =`= -. o�..... .n 0 to the Dis i :.: ...:. - : Y p 8 • Mpo se to make. District m� :�=������ e s u m e t __; o e o .. � have p � �If - s o s a mee the District will con vene ne a meetingwithin 3 0._. `e � - .. a_ .. a re : = e meeting will be sen t b the District to an y Yetiri ques t _ ..::a...::..... .. ................ .... ni ono ---- r a s o s b e --- Early Publionsultai :::. c�.Prior t = ►pleti ng tl � raft EIS, the District may also consult directly with any person or organization t it Id es will be concerned with the environmental effects of the project. - p J iv. Preparin -"" a 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 availa ` =� f a draft EIR at the same time it p p ...._ sends a notice of completion to the Office of Plar_ -"-_ nd Research.Additionally there must p h affected area,int the ec ' n i n news pap �` a circulation be at least a onetime publication a p : g , n a di _:: ilin to ers and occupants o property posting of notice by the District and g p p p y he parcel(s)s on which tl� ==: =ect is located _--- conti contiguous to t p � � ::::::;_:::::::::: ::::�� --::_--._: g The notice must contain a brief descri tWf the prgjgct, includir��==�= tion, start and end :: _: _:= list f in a t o h dined u = ___: eet s dates of the review eriod date lace ante sc a _.::=fin , period,. p p g :r r where r address e e f h act a d !�ltote osi nificant environmental :anticipatedproject,, g - _ _ : ��_ecopies of the Draft EIR wi sable. Th � will make copies of the draft E I R :thr - he�- .;_:available to the public " .: f the _ ' library system an d a yother r n bea esos ..... - - - - - :::: e:.....c�-e�.. - - - ._ �._ The time 4 for ureviews a � esst � A days but more than 60 days. _ � -� �� When a _ EIR is mstted e State Clearinghouse for review by state: == t s r : -. t not be less than 45 days, unle ss a shor terto r agencies, theb_Ii . o b Clearinghouse.the State The District=es = r0__ _ draft EIRs to state agencies esor their ute:: ail use_ etate .: ringhou :: ::: ry e e _ _ _ __ -= Comments _____: Evaluation _ d ese to The DiAW.shall evamate all comments on environmental issues received during the _r_ _=_: public rev ____per _�=and shall prepare a written response to each. All written comm nis ar` =�g� iv n to any public agency at least 10 days prior to certification cation of the EIR. TW 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. where the added ``- nformation is used to clarify or Recirculation is not necessary e Y _-: 11idecisionn E I R - to not recirculate athe EI f�::: � `-makes insignificant modifications to � � must be supported b substantial evidenc _ = he ;nistrative record. All revisions pp Y _ mm rued within the revis: .--E are to besu a ---_ - ------------- ix. Preparation n fFin I E - --- - The District = The District shall prepare a final EIR ri _th: __ ..:: oval o f h t "mmn and re commendations _ e contents are to consist � ysion o t e d._:_ is received a list of ersons=�=�=_ n" t-ions and ` b_ c a encies commenting on the _ _ -___ - District relates the rep"-=_��==�nses of the Dist ct as t e draft EIR. The contents are o to-`�- _ e e .:: ::_:_ r da Itin process a town significa::r� ::..._oints a sea g :_:::::: �. -_------_- g p Y i other . b the Cat ct :.::.: of a co � . ....e : .::..::.:.. ........ Y __: ___ _ = El = _ . X. Certtion of= Final :::_ . : _-___ _ __ === if h h final EIR has i ri shall certify that ct s a ce pp ::.::.:: Y : .. ;_:.;:.;;;:- ;:::_.:fee n co r =:ee ........ d i n _ I i a n cet _=_ :EC4 and the final EIR was resented tot e ri 6 a f e................ Dist ct s o rs. Maw Findings _.... The Dist :_ shall n �pprove or carry out a project for which an EIR has been certified w _.. id es one or more significant environmental effects unless the Di rict make::: _` == =-or more written finding for each of the significant effects,st g g e s. accompanied ba 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.