(a)
District
projects shall be undertaken with due regard for the environmental
consequences. This article implements the regulations adopted by the
Secretary of Resources (hereinafter “State Guidelines”)
to be followed by local agencies to implement the California Environmental
Quality Act (CEQA). The State Guidelines are incorporated by this
reference.
(b)
This
article applies to discretionary activities directly undertaken by
the District, discretionary activities financed in whole or in part
by the District, and private activities, which require discretionary
approval from the District.
[Amended by Res. 2617, 1-17-2023]
(a)
The
District shall consider environmental documents prepared for a project
before taking action on the project.
(b)
As
a “lead agency”, the District shall decide whether to
prepare environmental documents and which environmental document to
prepare, as follows:
(1)
The General Manager will first determine whether the activity is
a project. The activity is not a project if the District lacks discretion
to disapprove or modify the proposed activity. Nothing further is
required if the activity is not a project.
(2)
If the activity is a project, the General Manager will next determine
if the project is exempt. A notice of categorical exemption will be
filed if the activity is exempt.
(3)
If the project is not exempt, the General Manager will prepare an
initial study to determine whether the project may have a significant
effect on the environment.
(4)
If the initial study discloses the project is not expected to have
a significant effect on the environment, the General Manager will
prepare a negative declaration.
(5)
If the initial study discloses project is expected to have a significant
effect on the environment, the General Manager will prepare an environmental
impact report (EIR).
(c)
When
another agency is the lead agency, the District may be a “responsible
agency”. As a responsible agency, the General Manager will comment
on the environmental documents prepared by the lead agency and use
the environmental documents prepared by the lead agency during the
District’s decision-making process.
(d)
The
Board shall consider approval of the negative declaration prior to
approving a project, and review and consider the final environmental
documents, including making findings of significant environmental
impact and findings of overriding considerations, prior to approving
a project.
(a)
Where
a project is to be carried out or approved by more than one public
agency, one public agency shall be responsible for preparing an EIR
or negative declaration for the project. This agency is the lead agency.
The determination of which agency will be the lead agency shall be
governed by the criteria set forth in the State Guidelines.
(b)
The
determination of the lead agency of whether to prepare an EIR or a
negative declaration shall be final and conclusive on all persons,
including responsible agencies: the decision is challenged under CEQA;
circumstances or conditions change as, or a responsible agency becomes
a lead agency.
(c)
An
agency which will carry out a project but which is not the lead agency
is a responsible agency. The decision-making body of each responsible
agency shall consider the lead agency’s EIR or negative declaration
prior to acting upon or approving the project. The responsible agency
shall assume the role of the lead agency only when conditions set
forth in the State Guidelines exist.
(d)
If
there is a dispute over which of several agencies should be the lead
agency for a project, the disputing agencies shall resolve the dispute
in accordance with the State Guidelines.
[Amended by Res. 2617, 1-17-2023]
(a)
The
following activities are not “projects” within the meaning
of CEQA and this article:
(1)
A project involving only feasibility or planning studies for possible
future actions which the District has not approved, adopted, or funded
does not require the preparation of an EIR or Negative Declaration
but does require consideration of environmental factors.
(b)
The
following activities are exempt from the requirements of CEQA:
(1)
Approval of individual utility service connections and disconnections.
(2)
Leasing of District owned, existing property where the use of the
premises is not significantly changed.
(3)
Construction of a pipeline of less than one mile in length within
a public street or highway or any other public right-of-way or the
maintenance, repairs, restoration, reconditioning, relocation, replacement,
removal or demolition of an existing pipeline. For the purposes of
this subsection, “pipeline” includes subsurface facilities,
fire hydrants, and pressure/vacuum release valves or assemblies, but
does not include any substantial surface facility (i.e. above-ground
pressure regulating stations) related to the operation of the underground
facility.
|
(Where a project involves an approval that contains elements
of both a ministerial action and a discretionary action, the project
will be deemed to be discretionary and will be subject to the requirements
of CEQA.)
|
a.
Projects to maintain, repair, restore, demolish, or replace property
or facilities damaged or destroyed as a result of a disaster in a
disaster stricken area in which a state of emergency has been proclaimed
by the governor pursuant to the California Emergency Services Act
commencing with Government Code Section 8550.
b.
Emergency repairs to public service facilities necessary to maintain
service.
c.
Specific actions necessary to prevent or mitigate an emergency.
d.
CEQA does not apply to projects which are rejected or disapproved.
e.
The establishment, modification, structuring, restructuring, or approval
of rates, tolls, fares, or other charges for the purpose of: Meeting
operating expenses, including employee wage rates and fringe benefits,;
Purchasing or leasing supplies, equipment, or material; Meeting financial
reserve needs and requirements, or Obtaining funds for capital projects,
necessary to maintain service within existing service areas.
|
(Rate increases to fund capital projects for the
expansion of a system are subject to CEQA. The District shall incorporate
written findings in the record of any proceeding in which an exemption
under this section is claimed setting forth with specificity the basis
for the claim of exemption.)
|
(c)
The
following categorical exemptions are set forth in the State Guidelines:
(1)
Class 1: Consists of operation, repair, maintenance or minor alteration
of existing facilities involving negligible or no expansion of use.
(2)
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.
(3)
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.
(4)
Class 4: Consists of minor public or private alterations in the condition
of land, water, and/or vegetation, which do not involve removal of
mature, scenic trees except for forestry and agricultural purposes.
(5)
Class 5: Consists of minor alterations in lane use limitations in
areas with an average slope of less than 20%, which do not result
in any changes in land use or density.
(6)
Class 6: Consists of basic data collection, research experimental
management, and resource evaluation activities, which do not result
in a serious or major disturbance to an environmental resource.
(7)
Class 9: Consists of activities limited entirely to inspection, to
check for performance of an operation, or quality, health, or safety
of a project.
(8)
Class 11: Consists of construction, or replacement of minor structures
accessory to (appurtenant to) existing commercial, industrial or institutional
facilities, including but not limited to: On-premise signs; Small
parking lots; Placement of seasonal or temporary use items such as
lifeguard towers, mobile food units, portable restrooms, or similar
items in generally the same locations from time to time in publicly
owned parks, stadiums, or other facilities designed for public use.
(9)
Class 12: Consists of sales of surplus government property except
for parcels of land located in an area of statewide, regional, or
area wide concern. However, even if the surplus property to be sold
is located in any of those areas, its sale is exempt if: The property
does not have significant values for wildlife habitat or other environmental
purposes, and Any of the following conditions exists:
a.
The property is of such size or shape that it is incapable of independent
development or use; or
b.
The property to be sold would qualify for an exemption under any
other class of categorical exemption in these guidelines; or
c.
The use of the property and adjacent property has not changed since
the time or purchase by the public agency.
(10)
Class 13: Consists of the acquisition of lands for fish and wildlife
conservation purposes including preservation of fish and wildlife
habitat, establishing ecological reserves under Fish and Game Code
Section 1580, and preserving access to public lands and waters where
the purpose of the acquisition is to preserve the land in its natural
condition.
(11)
Class 15: Consists of the division of property in urbanized areas
zoned for residential, commercial, or industrial use into four or
fewer parcels when the division is in conformance with the General
Plan and zoning, no variances or exceptions are required, all services
and access to the proposed parcels to local standards are available,
the parcel was not involved in a division of a larger parcel within
the previous 2 years, and the parcel does not have an average slope
greater than 20 percent.
(12)
Class 19: Consists of only the following annexations:
a.
Annexations to the 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 government 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 size for facilities
exempted by State Guidelines Section 15103, New Construction of Small
Structures.
(13)
Class 20: Consists of changes in the organization or reorganization
of local governmental agencies where the changes do not change the
geographical area in which previously existing powers are exercised.
(14)
Class 23: Consists of the normal operations of existing facilities
for public gatherings for which the facilities were designed, where
there is a past history of the facility being used for the same or
similar kind of purpose. For the purposes of this section, “past
history” shall mean that the same or similar kind of activity
has been occurring for at least three years that there is a reasonable
expectation that the future occurrence of the activity would not represent
a change in the operation of the facility. Facilities included within
this exemption include, but are not limited to, racetracks, stadiums,
convention centers, auditoriums, amphitheaters, planetariums, swimming
pools, and amusement parks.
(15)
Class 25: Consists of transfers to ownership of interests in land
in order to preserve open space.
(16)
Class 27: Consists of the leasing of a newly constructed or previously
unoccupied privately owned facility by a local or state agency where
the local governing authority determined that the building was exempt
from CEQA. To be exempt under this section, the proposed use of the
facility:
a.
Shall be in conformance with existing state plans and policies and
with general, community, and specific plans for which an EIR or Negative
Declaration has been prepared.
b.
Shall be substantially the same as that originally proposed at the
time the building permit was issued.
c.
Shall not result in a traffic increase or greater than 10% front
access road capacity.
d.
Shall include the provision of adequate employee and visitor parking
facilities.
|
(A categorical exemption shall not be used for any activity
where there is a reasonable possibility that the activity will have
a significant effect on the environment due to unusual circumstances.)
|
(a)
Unless
an activity is not subject to review or an exemption applies (or unless
the District can determine the project will clearly have a significant
effect, and an EIR is ordered) during the first step in the CEQA process,
the General Manager shall prepare an initial study to determine if
the project may have a significant effect on the environment.
(b)
If
the project is to be carried out by a private person or private organization,
the person or organization carrying out the project shall submit data
and information, which will enable the District to prepare the initial
study.
(c)
As
soon as the District has determined that an initial study will be
required for the project, the District shall consult informally with
all responsible agencies and trustee agencies responsible for resources
affected by the project to obtain the recommendations of those agencies
as to whether an EIR or a negative declaration should be prepared.
(a)
In
evaluating the significance of the environmental effects of a project,
the General Manager shall consider both primary or direct and secondary
or indirect consequences. Social and economic changes resulting from
a project by themselves shall not be treated as significant effects
on the environment. If physical changes cause or result from adverse
economic or social changes, the economic or social changes may be
used as the basis for determining that the physical changes are significant.
(b)
The
General Manager shall find that a project may have a significant effect
on the environment and require an EIR where any of the following conditions
occur:
(1)
The project has the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause
a fish or wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, reduce the number
of restrict the range of a rare or endangered plant or animal, or
eliminate important examples of the major periods of California history
or prehistory.
(2)
The project has the potential to achieve short-term environmental
goals to the disadvantage of long-term environmental goals.
(3)
The project has possible environmental effects, which are individually
limited but cumulatively considerable. As used in the subsection,
“cumulatively considerable” means that the incremental
effects of an individual project are considerable when viewed in connection
with the effects of past projects, the effects of other current projects,
and the effects of probable future projects.
(4)
The environmental effects of a project will cause substantial adverse
effects on human beings, either directly or indirectly.
(a)
A
Negative Declaration shall be prepared for a project which could potentially
have a significant effect on the environment, but which the General
Manager finds on the basis of an Initial Study will not have a significant
effect on the environment.
(b)
Before
completing a Negative Declaration, General Manager shall consult with
responsible agencies. This consultation may take place during the
public review period provided herein.
(c)
A
Negative Declaration shall include:
(1)
A brief description of the project; including a commonly used name
for the project if any;
(2)
The location of the project and the name of the project proponent;
(3)
A finding that the project will not have a significant effect on
the environment;
(4)
An attached copy of the Initial Study documenting reasons to support
the finding;
(5)
Mitigation measures, if any, included in the project to avoid potentially
significant effects.
(d)
Notice
of the preparation of a Negative Declaration shall be provided to
the public twenty-one (21) days prior to consideration by the Board.
Notice shall be given to all organizations and individuals who have
previously requested such notice and shall be given by at least one
of the following procedures as selected by the General Manager:
(1)
Publication, no fewer times than required by Section 6061 of the
Government Code, by the Agency in a newspaper of general circulation
in the area affected by the proposed project.
(2)
Posting of notice by the Agency on and off site in the area where
the project is to be located.
(3)
Direct mail notice shall be given to owners of property contiguous
to the project as such owners are shown on the latest equalized assessment
roll.
|
The noticed review period shall be long enough to provide members
of the public with sufficient time to respond to the proposed finding
before the Negative Declaration is approved.
|
(e)
The
Board may approve the Negative Declaration if it finds on the basis
of the initial study and comments received there is no substantial
evidence the project will have a significant effect on the environment.
The Board shall then consider the Negative Declaration together with
comments received during the public review process prior to approving
the project,
(f)
After
the negative declaration is approved, the secretary shall file a Notice
of Determination with the County Clerk of the County or Counties in
which the project will be located. If the project requires a discretionary
approval from a state agency, the Notice of Determination also shall
be filed with the Secretary for Resources.
[Amended by Res. 2617, 1-17-2023]
(a)
An
Environmental Impact Report shall be prepared if the General Manager
determines there is substantial evidence the project may have a significant
effect on the environment.
(b)
The
draft and final EIR shall be prepared in accordance with CEQA and
the State Guidelines.
(c)
The
Board shall certify the final EIR has been completed in compliance
with CEQA and the Board has reviewed and considered the information
contained in the EIR prior to approving the project.
(d)
The
Board shall not approve or carry out a project for which an EIR has
been completed which identifies one or more significant effects of
the project unless the Board makes one or more written findings for
each of those significant effects, accompanied by a statement of the
facts supporting each finding. The possible findings are:
(1)
Changes or alterations have been required in, or incorporated into,
the project which mitigate or avoid the significant environmental
effects as identified in the final EIR.
(2)
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and now the District. Such changes have been
adopted by such other agency or can and should be adopted by such
other agency.
(3)
Specific economic, social, or other considerations make infeasible
the mitigation measures or project alternatives identified in the
final EIR.
|
The findings shall not be made if the District has concurrent
jurisdiction with another agency to deal with identified feasible
mitigation measures or alternatives.
|
(e)
The
District shall not approve or carry out a project as proposed unless
the significant environmental effects have been reduced to an acceptable
level. Mitigation measures and a program to monitor the mitigation
measures shall be described in the findings. As used in this Section,
the term “acceptable level” means that:
(f)
Where
the decision of the Board allows the occurrence of significant effects
which are identified in the final EIR but are not mitigated, the Board
must state in writing the reasons to support its action based on the
final EIR or other information in the record. This statement may be
necessary if the Board also makes findings. If the Board makes a statement
of overriding considerations, the statement should be included in
the record of the project approval and should be mentioned in the
notice of determination.
(g)
The
District shall file a Notice of Determination following each project
approval for which an EIR was considered.
(h)
The
District shall include the final EIR as part of the regular project
report, which is used in the existing project review and budgetary
process if such a report is used. The District shall retain one or
more copies of the final EIR as public records for a reasonable period
of time. The District shall require the applicant to file a copy of
the certified, final EIR with each responsible agency. When the Board
has approved a project after requiring measures to mitigate or avoid
significant environmental impacts, the General Manager monitor compliance
with such measures by periodic review of the final EIR.
(a)
The
General Manager shall respond to consultation by lead agencies to
assist lead agencies in preparing environmental documents.
(1)
Where the general manger disagrees with the lead agency’s proposal
to prepare a negative declaration for a project, the General Manager
should identify the significant environmental effects could result
from the project and recommend an EIR be prepared or the project be
modified to eliminate the significant effects.
(2)
As soon as possible, but not longer than 45 days after receiving
a notice of preparation from the lead agency, the General Manager
shall send a written reply by certified mail which specifies the environmental
information germane to the District’s statutory responsibilities
over the proposed project.
(b)
The
general manger shall comment on draft EIRs and Negative Declarations
for projects which the District would later be asked to approve. The
comments may deal with any aspect of the project or its environmental
effects.
(c)
If
the General Manager believes the final EIR or Negative Declaration
prepared by the lead agency is not adequate for use by the District,
the District must take the issue to court within 30 days after the
lead agency files a Notice of Determination, or Prepare a subsequent
EIR if permissible under the State Guidelines.
(d)
Prior
to reaching a decision on the project, the Board must consider the
environmental effects of the project as shown in the EIR or Negative
Declaration.
(e)
When
an EIR has been prepared for a project, the Board shall not approve
the project as proposed if the Board finds feasible alternatives or
feasible mitigation measures within its powers that would substantially
lessen a significant effect the project would have on the environment.
When considering alternatives and mitigation measures as a responsible
agency, the Board is more limited than when acting as a lead agency.
The District has responsibility for mitigating or avoiding only the
environmental effects of those activities which the Board decided
to carry out, finance, or approve.
(f)
The
Board shall make the findings required by the State Guidelines for
each significant effect of the project and shall make the required
findings if necessary.
(g)
The
secretary should file a notice of determination in the same manner
as a lead agency except the notice does not need to state the EIR
or Negative Declaration complies with CEQA. The notice should state
the Board considered the EIR or negative declaration as prepared by
the lead agency.
(a)
The
District shall determine whether an application for a permit or other
entitlement for use is complete within 30 days from the receipt of
the application. If no written determination of the completeness of
the application is made within that period, the application will be
deemed complete on the 30th day.
(b)
When
the District acts as the lead agency, the District shall determine
within 45 days after accepting an application as complete, whether
it intends to prepare an EIR or a negative declaration.
(c)
When
the District acts as a responsible agency, the District shall provide
a response to a notice of preparation to the lead agency within 45
days after receipt of the notice.
(d)
When
the District acts as the lead agency, the District shall convene a
meeting with agency representatives to discuss the scope and content
of the environmental information a responsible agency will need in
the EIR within 30 days after receiving a request for the meeting.
The meeting may be requested by the lead agency, a responsible agency,
a trustee agency, or by the project applicant.
(e)
The
public review period for a draft EIR should not be less than 30 days
nor longer than 90 days, except in unusual circumstances.
(f)
The
public review period for a Negative Declaration shall be a reasonable
period of time sufficient to allow members of the public to respond
to the proposed finding before the Negative Declaration is approved.
The General Manager shall allow other public agencies and members
of the public at least 14 days within which to comment upon any Negative
Declaration which the District proposes to adopt.
(g)
When
a draft EIR or Negative Declaration is submitted to the State Clearinghouse
for review, the normal review period of 45 days for draft EIRs and
30 days for Negative Declarations. The State Clearinghouse may set
shorter review periods when requested by the lead agency due to exceptional
circumstances.
(h)
With
a private project, the Negative Declaration must be completed and
ready for approval within 105 days from the date when the lead agency
accepted the application as complete.
(i)
With
a private project, the lead agency shall complete and certify the
final EIR within one year after the date when the lead agency accepted
the application as complete.
(j)
An
unreasonable delay by an applicant in providing information requested
by the lead agency for the preparation of a Negative Declaration or
an EIR shall suspend the running of the time periods described herein
for the period of the unreasonable delay.
(k)
At
the request of an applicant, the lead agency may waive the one year
time limit for completing and certifying a final EIR or the 105 day
period for completing a Negative Declaration if:
(1)
The project will be subject to CEQA and to the National Environmental
Policy Act.
(2)
Additional time will be required to prepare a combined EIR-EIS or
combined Negative Declaration-finding of no significant impact as
provided herein, and
(3)
The time required to prepare the combined document will be shorter
than the time required to prepare the documents separately.
|
The time limits for taking final action on a permit for a development
project may also be waived where a combined EIR-EIS will be prepared.
|
|
The time limits for processing permits for development projects
under Government Code Section 65950-65960 shall not apply if federal
statutes or regulations require time schedules, which exceed the state
time limits.
|
(a)
An
application for a project is not received for filing under a permit
statute or ordinance until such time as the environmental documentation
required by CEQA has been completed and the following conditions are
met:
(1)
The enabling legislation for a program, other than Chapter 4.5 (commencing
with Section 65920) or Division 1 of Title 7 of the Government Code,
requires the District to take action on an application within a specified
period of time that is six months or less, and
(2)
The enabling legislation provides that the project will become approved
by operation of law if the District fails to take any action within
such specified period, and
(3)
The project involves the issuance of a lease, permit, license, certificate,
or other entitlement for use.
(b)
In
any case described in this section, the environmental document shall
be completed or certified and the decision on the application shall
be made within one year from the date on which an application requesting
approval of such project has been received and accepted as complete
for CEQA processing by such agency. This one-year time limit may be
extended once for a period not to exceed 90 days upon consent of the
District and the applicant.
