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HomeMy WebLinkAbout7 Resolution to Adopt CEQA Procedures genda Item 7 TRUCKEE DONNER Public Utl � lty District A TION 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, 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 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 pp � g District Code Title 2, Administration Michael D. Holley General Manager Attachment 1 Procedure for 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 Resources Code (PRC) §21000 et seq., or as such law may subsequently be amended, 2. The regulations set forth in Title 14 of the California Code of Regulations (CCR) §15000 et seq., or as such regulations may subsequently be amended, 3. The mitigation monitoring and reporting requirements as set forth in the California Public Resources Code§21081.6,or as such law may subsequently be 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), or as such regulations may subsequently be amended, are adopted as the District's procedures for implementing CEQA. If there is conflict between the State CEQA Guidelines and the procedures set forth herein,the State CEQA Guidelines shall control. III. Procedure In providing its services and conducting its business, the District will endeavor to protect the environment. The District will carefully consider whether its proposed activities may have a significant impact on environmental resources and qualities and will consider alternatives that may have less impact on environmental resources and qualities. The objective will be to preserve and reduce impacts to environmental resources and qualities while fulfilling the District's mission. 1. Project Each Department of the District which proposes a project which may have significant impacts to the environment shall review the proposed project in compliance with CEQA, incorporate environmental considerations into project conceptualization, design, and planning. Once the project has been identified and planned, the District will conduct a preliminary review to determine whether the activity is subject to CEQA review prior to conducting an initial study. 1 CEQA Procedures Attachment 1 2. Initial Study A determination as to whether an exemption, 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. 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 made based upon the regulations as set forth in the CCR Chapter 6. Negative Declaration Process Sections 15070- 15075 of the California Environmental Quality Act. The District may make a finding to prepare a negative or mitigated negative declaration based upon the 33 classes found within CEQA Guidelines, Article 19. Categorical Exemptions. The classes set forth below are not the exclusive basis upon which a determination shall be made. 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; The project is in an area where all public services and facilities are available to allow for maximum development permissible in the applicable General Plan. 2 CEQA Procedures Attachment 1 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. 3 CEQA Procedures Attachment 1 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 to may have a significant effect on the environment on the basis of the provisions of the CCR, staff shall then prepare, or cause to be prepared, 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 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 provide 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 have the opportunity to provide specific responses concerning 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 any comments on the project. 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 EIR, the District may also consult directly with any person or organization that it believes will be concerned with the environmental effects of the project. 4 CEQA Procedures Attachment 1 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 in compliance with the CEQA Statutes. 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 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 will 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 will 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, website 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. 5 CEQA Procedures Attachment 1 Viii. Recirculation of an EIR Prior to Certification If there is significant new information added to the EIR after public notification, the District will re-circulate 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 re-circulate 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. 6 CEQA Procedures Attachment 2 G { R y ? R UCKEE DONNER k tion No. 2012 - XX pu;b 1hc U!Git D s C ADOPT CEQA PROCEDURES AS AN AMENDMENT TO THE CODE TITLE 2DISTRICT , ADMINISTRATION WHEREAS, the Board of Directors of the Truckee Donner Public Utility District wishes to add California Environmental Quality Act (CEQA) procedures to the District Code Title 2, Administration; and 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 February 1, 2012 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 fifteenth day of February, 2012 by the following roll call vote: AYES: ABSTAIN: NOES: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By: Tony Laliotis, President of the Board ATTEST: Michael D. Holley, Clerk of the Board