Agenda packet — Lake Forest City Council, May 3, 2022 (part 1 of 2)

May 3, 2022

LAKE FOREST CITY COUNCIL AGENDA Page 1

AGENDA

LAKE FOREST CITY COUNCIL

Regular Meeting of the City Council
Tuesday, May 3, 2022

Closed Session 5:30 p.m.

Public Session 6:30 p.m.

City Council Chambers, 100 Civic Center Drive, Lake Forest, California

NOTICE: Pursuant to Lake Forest Municipal Code Section 2.04.010, Regular Meetings of the City Council are held the First and Third Tuesday of each month at the hour of 5:30 p.m. for Closed Session matters, if required. The Public Session of the meeting shall commence at 6:30 p.m. or as soon thereafter as possible. Special Meeting times may be held at a different time and date as listed on the Agenda.

AGENDA DOCUMENT REVIEW: The Agenda and staff reports are available on the Internet at
https://www.lakeforestca.gov/129/Agendas and at the City Clerk’s Office, 100 Civic Center Drive, Lake Forest, California, on the Friday before the meeting on Tuesday.

AGENDA DESCRIPTION: The Agenda descriptions are intended to give notice to members of the public of a general summary of items of business to be transacted or discussed. The listed Recommended Action represents staff’s recommendation. The City Council may take any action which it deems to be appropriate on the agenda item and is not limited in any way by the recommended action.

AGENDA ON SOCIAL MEDIA: This meeting will be streamed through Facebook Live. Comments will not be taken via Facebook Live. To ensure that the City Council receives your comments, you may submit written comments or voicemail messages to the City Clerk prior to the meeting. The City provides the Facebook Live stream as an additional service to the public. However, the City cannot guarantee that its network and/or the site will be uninterrupted. The City is not responsible for any interrupted service.

SPECIAL NOTICE REGARDING PUBLIC ACCESS TO THE MEETING AND PUBLIC COMMENT:

ASSEMBLY BILL 361: This meeting will occur in accordance with Government Code section 54953(e) et seq. (“AB 361”) wherein the City of Lake Forest City Council may continue to participate in meetings via teleconference.

PUBLIC PARTICIPATION: In addition to attending in person, pursuant to AB 361 members of the public may access the meeting live on our website at
https://www.lakeforestca.gov/129/Agendas.

PUBLIC COMMENT PRIOR TO THE MEETING: Members of the public may submit email comments to [email protected]. Email comments will be uploaded to the agenda packet and made part of the official public record of the meeting and will not be read at the meeting. To ensure staff reviews all comments prior to the City Council meeting, please submit email comments no later than 5:00 p.m. the day of the meeting.

PUBLIC COMMENT: Members of the public may provide comments in-person at the meeting or remotely. Those wishing to provide comments in-person at the meeting will be asked to submit a request to speak to the City Clerk. Those wishing to provide comments remotely may join the meeting online at https://call.lifesizecloud.com/5038350 and enter Passcode 1004# or by phone at (312) 584-2401 and enter meeting number 5038350# followed by Passcode 1004#.

May 3, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 2

CALL TO ORDER: 5:30 p.m.

Council Members: Neeki Moatazedi (teleconference)
Mark Tettemer
Scott Voigts
Mayor Pro Tem: Doug Cirbo
Mayor: Robert Pequeño

City Manager: Debra Rose
City Attorney: Matthew E. Richardson
City Clerk: Lisa Berglund

CLOSED SESSION PUBLIC COMMENT:

CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session. At this time, members of the public may address the City Council regarding any items listed on the Closed Session agenda. No action may be taken on items not listed on the agenda unless authorized by law. Comments shall be limited to three minutes per item. Any person wishing to address the City Council on a Closed Session matter is requested to complete a "Request to Speak" form available at agenda public review table near the entrance. The completed form is to be submitted to the City Clerk prior to an individual being heard by the City Council. Whenever possible, lengthy testimony should be presented to the City Council in writing (8 copies) and only pertinent points presented orally.

CLOSED SESSION (Item No. 1)
CLOSED SESSION: At this time, the City Council may recess to Closed Session for conference with Legal Counsel to discuss the items listed below pursuant to Government Code requirements. Any items not concluded by 6:30 p.m. may be continued to the end of the Public Session.

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
PURSUANT TO GOVERNMENT CODE SECTION 54957
TITLE: CITY MANAGER

RECOMMENDED ACTION: Conduct Closed Session.

RECESS: City Council will recess to Closed Session for the purpose of conducting regular City business.

RECONVENE: City Council will reconvene to continue regular City business.

May 3, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 3

PUBLIC SESSION: 6:30 p.m.

PUBLIC SESSION: At this time, the City Council will convene to consider public matters. Those wishing to address the City Council must submit a completed “Request to Speak” form to the City Clerk prior to City Council action.

INVOCATION: The Invocation will be provided by Pastor Arnoldo Granados, Centro Cristiano International Mission Viejo.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country to be led by Council Member Tettemer.

CLOSED SESSION REPORT: City Attorney will report on Closed Session.

PRESENTATIONS: (Item Nos. 2 – 5)

2. CONSIDER A PROCLAMATION SUPPORTING THE MONTH OF MAY

AS MENTAL HEALTH AWARENESS MONTH

RECOMMENDED ACTION: Approve a Proclamation designating the month of May as Mental Health Awareness Month.

3. LAKE FOREST CHAMBER OF COMMERCE SEMI-ANNUAL UPDATE

RECOMMENDED ACTION: Receive the presentation.

4. CONSIDER A PROCLAMATION SUPPORTING DROWNING

PREVENTION AWARENESS

RECOMMENDED ACTION: Approve a Proclamation designating May through September 2022 as Drowning Prevention Awareness Season.

5. RECAP OF APRIL 23, 2022, DUMP DAY EVENT

RECOMMENDED ACTION: Receive the presentation regarding the April 23, 2022, Dump Day Event.

May 3, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 4

PUBLIC COMMENTS
Members of the public can submit an e-comment to [email protected]. E-comments will not be read at the meeting.

Members of the public may also provide comments in- person at the meeting or remotely. Those wishing to provide comments in-person at the meeting will be asked to submit a request to speak to the City Clerk. Those wishing to provide comments remotely may join the meeting online at https://call.lifesizecloud.com/5038350 and enter Passcode 1004# or by phone at (312) 584-2401 and enter meeting number 5038350# followed by Passcode 1004#.

CONSENT CALENDAR (Item Nos. 6 – 14)
All matters listed under the Consent Calendar are considered routine and will be enacted by one vote. There will be no separate discussion of these items unless Members of the City Council, the public, or staff request specific items be removed from the Consent Calendar for separate action.

6. MOTION TO WAIVE RESOLUTIONS AND ORDINANCES

RECOMMENDED ACTION: Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

7. CONTINUING TO HOLD VIRTUAL MEETINGS PURSUANT TO AB 361

RECOMMENDED ACTION: Make renewed findings that a state of emergency remains in effect and that state and local officials continue to recommend measures that promote social distancing.

8. CERTIFICATION OF WARRANT REGISTER

RECOMMENDED ACTION: Approve the warrant register in the amount of $4,032,696.92 as submitted.

9. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 19, 2022

RECOMMENDED ACTION: Approve as submitted.

10. PROCLAMATION DESIGNATING THE WEEK OF MAY 1, 2022, AS

MUNICIPAL CLERKS WEEK

RECOMMENDED ACTION: Approve the Proclamation Designating May 1- 7, 2022, as Municipal Clerks Week.

May 3, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 5

11. PROCLAMATION DESIGNATING MAY 15-21, 2022, AS "NATIONAL PUBLIC WORKS WEEK"

RECOMMENDED ACTION: Approve a Proclamation designating May 15- 21, 2022, as National Public Works Week in the City of Lake Forest.

12. UPDATED 2022 IMPLEMENTATION GUIDELINES FOR THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

RECOMMENDED ACTION: Adopt a Resolution Entitled: A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA

AMENDING AND ADOPTING LOCAL GUIDELINES FOR

IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(PUB. RESOURCES CODE 21000 ET SEQ.)

13. FIRST AMENDMENT TO THE AGREEMENT WITH RALPH ANDERSEN & ASSOCIATES FOR HUMAN RESOURCES CONSULTING SERVICES

RECOMMENDED ACTION: 1. Approve the First Amendment to the Agreement with Ralph Andersen & Associates for Human Resources Consulting Services.

2. Authorize the Mayor to sign, and the City Clerk attest to, the agreement with Ralph Andersen & Associates, substantially in the form attached.

14. FOURTH AMENDMENT TO THE AGREEMENT WITH BRIGHTVIEW
LANDSCAPE SERVICES, INC., FOR LAKE FOREST SPORTS PARK

MAINTENANCE

RECOMMENDED ACTION: 1. Approve the Fourth Amendment to the contract with Brightview Landscape Services, Inc., for Lake Forest Sports Park Landscape Maintenance Services.

2. Authorize the Mayor to sign, and the City Clerk to attest the Fourth Amendment with Brightview Landscape, Inc., substantially in the form attached.

May 3, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 6

DISCUSSION/ACTION ITEMS (Item No. 15)
The following matters are for City Council consideration/discussion/action. Members of the public may have the opportunity to address these items if they wish to do so. Please complete the Request to Speak form and give to the City Clerk.

15. COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM – FISCAL YEAR ("FY") 2022-2023 ANNUAL ACTION PLAN

RECOMMENDED ACTION: 1. Approve the Fiscal Year ("FY") 2022-2023 Community Development Block Grant ("CDBG") Annual Action Plan ("AAP") and authorize staff to submit the AAP to the U.S. Department of Housing and Urban Development ("HUD") substantially in the form attached.

2. Authorize staff to implement the FY 2022-2023 CDBG AAP, including but not limited to, executing subrecipient agreements and awarding grant funds.

CITY MANAGER'S REPORT
At this time, the City Manager may comment on agenda and non-agenda items; and report on items of interest to the City Council and community.

CITY COUNCIL COMMENTS
At this time, City Council Members may comment on agenda or non-agenda matters. No discussion may take place on any item not appearing on the posted agenda. Council Members may ask a question for clarification, respond to statements made or questions posed by the public, make a brief announcement, or make a brief report on his or her own activities. In addition, the City Council may refer to staff or other resources for factual information, request staff to report back at a subsequent meeting or direct staff to place a matter of business on a future agenda. No action may be taken on non-agenda matters unless authorized by law (Government Code Section 54954.2).

Council Member Moatazedi:

Council Member Tettemer:

Council Member Voigts:

Mayor Pro Tem Cirbo:

Mayor Pequeño:

May 3, 2022 LAKE FOREST CITY COUNCIL AGENDA Page 7

ADJOURNMENT:

In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this Meeting, including auxiliary aids or services, you should contact the Office of the City Clerk at (949) 461-3400. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and agenda back-up materials can be obtained from the Office of the City Clerk on the Friday prior to the City Council meeting. Copies of all Agendas, Staff Reports and Supporting Materials can also be found on the City’s website – https://www.lakeforestca.gov/129/Agendas. Agenda and agenda packets, if requested, will be made available in an appropriate alternative format to persons with a disability as required by the Americans With Disabilities Act. Copies of the agenda are provided at no cost and agenda back-up materials are available at the per page copy cost.

The City of Lake Forest mailing address is City Council Chambers, 100 Civic Center Drive, Lake Forest, California.

Phone: (949) 461-3400. FAX (949) 461-3511

CERTIFICATION: I, Lisa Berglund, City Clerk of the City of Lake Forest, California, hereby certify that the foregoing agenda was posted for public review at City Hall on April 28, 2022.

Lisa Berglund
City Clerk

CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/3/2022
DEPARTMENT: City Clerk
SUBJECT:

CONSIDER A PROCLAMATION SUPPORTING THE MONTH OF MAY AS

MENTAL HEALTH AWARENESS MONTH
RECOMMENDED ACTION(S):

Approve a Proclamation designating the month of May as Mental Health Awareness Month.

EXECUTIVE SUMMARY:

On April 5, 2022, City Council Member Moatazedi received consensus to consider a resolution supporting Mental Health Awareness Month (Attachment 1) This proclamation expresses support for the designation of May as “Mental Health Awareness Month” (Attachment 2). The purpose of Mental Health Awareness Month is to raise awareness and educate the public about mental illnesses, the realities of living with these conditions, and strategies for attaining mental health and wellness. It also aims to draw attention to suicide, which can be precipitated by some mental illnesses. Additionally, Mental Health Awareness Month strives to reduce the stigma that surrounds mental illnesses. The Mental Health of America organization (“MHA”) was founded in 1909 and is the nation’s leading community-based nonprofit dedicated to promoting the overall mental health of all, and especially, addressing the needs of those living with mental illness. Since 1949, the month of May has been designated as National Mental Health Awareness month in the United States by Presidential proclamation. After the last two years of COVID-19 pandemic living, some individuals are realizing that stress, isolation, and uncertainty have taken a toll on their well-being. This year, MHA’s 2022 Mental Health Month Toolkit is "Back to Basics." More can be read about this program at www.mhanational.org. MHA’s goal is to provide foundational knowledge about mental health and share information on where to turn when mental health is a cause for concern.

FISCAL IMPACT:

Item: 2
8 1
9 6
5 The is no fiscal impact associated with the recommended action.

ATTACHMENTS:

1. City Council Meeting Minutes, dated April 5, 2022, Council comments.

2. May 2022 Mental Health Awareness Month Proclamation.

Initiated By: Lisa Berglund, City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 2
9 Attachment 1
Item: 2
10 LAKE FOREST CITY COUNCIL MINUTE EXCERPT PREPARED BY THE OFFICE OF THE CITY CLERK APRIL 5, 2022
Page No. 1

MINUTE EXCERPT

LAKE FOREST REGULAR CITY COUNCIL MEETING
APRIL 5, 2022
____________________________________________________________

CITY COUNCIL COMMENTS:

Council Member Moatazedi:

Council Member Moatazedi received consensus to
consider a resolution supporting May as Mental Health
Awareness Month. She also received consensus to
consider a resolution supporting Prop 20 Protecting
Victims of Violent Crimes.

Item: 2
11 5
0 5
2 3
Attachment 2
Item: 2
12 5
0 5
2 3

PROCLAMATION

THE LAKE FOREST CITY COUNCIL

HEREBY PROCLAIMS
May 2022
AS
“Mental Health
Awareness Month”
ROBERT PEQUEÑO
MAYOR

DOUG CIRBO SCOTT VOIGTS

MAYOR PRO TEM COUNCIL MEMBER

MARK TETTEMER NEEKI MOATAZEDI

COUNCIL MEMBER COUNCIL MEMBER
Item: 2
13 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/3/2022
DEPARTMENT: Economic Development
SUBJECT:

Lake Forest Chamber of Commerce Semi-Annual Update
RECOMMENDED ACTION(S):

Receive the presentation.

EXECUTIVE SUMMARY:

Since January 2010, the City of Lake Forest has entered into an annual agreement with the Lake Forest Chamber of Commerce (“Chamber”) for general and specific business services. The agreement has proven effective in reinforcing the City’s business development and marketing goals, while providing a wider range of business events and services to the business community. As part of the agreement, the Chamber plans and implements cosponsored business events, provides resources and support to Lake Forest businesses, and assists staff with event programming efforts to help advance to the goals of the City’s business development and attraction program.

The U.S. Small Business Administration, one of the City’s governmental resource partners, celebrates the first week of May as National Small Business Week. This is a time to honor and recognize entrepreneurs, innovative startups, and all other small businesses in the City of Lake Forest. In observance of the occasion, Chamber Chief Executive Officer, Mary Visconte, will provide a presentation updating the City Council on Chamber activity.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Item: 3
14 1
9 6
1 Initiated By: Pedro Cevallos, Management Assistant
Submitted By: Adrian Grijalva, Senior Management Analyst Approved By: Debra Rose, City Manager
Item: 3
15 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/3/2022
DEPARTMENT: City Clerk
SUBJECT:

CONSIDER A PROCLAMATION SUPPORTING DROWNING PREVENTION

AWARENESS
RECOMMENDED ACTION(S):

Approve a Proclamation designating May through September 2022 as Drowning Prevention Awareness Season.

EXECUTIVE SUMMARY:

The Orange County Fire Authority (“OCFA”) requests the City Council acknowledge and proclaim the months of May through October as “Drowning Prevention Awareness Season.” The highest percentage of drowning occurs during this these months. Drowning is the leading cause of death and disability in California for children under five years of age. For every child who dies from drowning, another eight receive emergency care for non-fatal submersion injuries. The number of adult drownings has consistently increased over the years, as well.

Fatal and non-fatal drowning is a silent event, occurring in as little as two inches of water, including inflatable swimming pools, spas and bathtubs. The themes of this year’s water safety campaign are “Always Watch the Water” and “Never Swim Alone.” OCFA staff will give in-depth information on the preventative measure’s residents can take to prevent drowning through media advisories and demonstrations. The OCFA encourages residents, schools, recreational facilities, businesses, and homeowner associations to become local partners in preparedness by increasing their knowledge of proper safety measures for drowning prevention. The City Council’s adoption of the proposed Proclamation serves to enhance community awareness of this issue on behalf of the OCFA.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

Item: 4
16 1
9 6
4 ATTACHMENTS:

Drowning Awareness Proclamation
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 4
17 5
0 5
0 4
Attachment
Item: 4
18 5
0 5
0 4

PROCLAMATION

THE LAKE FOREST CITY COUNCIL

HEREBY PROCLAIMS
May through September 2022
AS
“Drowning Prevention
Awareness Season”
ROBERT PEQUEÑO
MAYOR

DOUG CIRBO SCOTT VOIGTS

MAYOR PRO TEM COUNCIL MEMBER

MARK TETTEMER NEEKI MOATAZEDI

COUNCIL MEMBER COUNCIL MEMBER
Item: 4
19 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/3/2022
DEPARTMENT: Management Services
SUBJECT:

RECAP OF APRIL 23, 2022, DUMP DAY EVENT
RECOMMENDED ACTION(S):

Receive the presentation regarding the April 23, 2022, Dump Day Event.

EXECUTIVE SUMMARY:

On April 23, 2022, the City of Lake Forest held a “Dump Day” in partnership with Senator Dave Min's Office, Caltrans, CR&R, Goodwill of Orange County, and Saddleback Church. Residents were provided the opportunity to bring a variety of bulky items to dispose of or divert as donations. This was the second such event since the start of the new year. The event, which ran from 9 a.m. to noon at Saddleback Church, was a huge success. More than 235 vehicles dropped off items, totaling about 15 tons of household items. Tonight, staff will provide a brief summary of the event and be available for any questions.

FISCAL IMPACT:

There is no fiscal impact from the recommended action.

ATTACHMENTS:

None
Initiated By: Jonathan Volzke, Communications and Marketing Manager Submitted By: Brett Channing, Deputy City Manager
Approved By: Debra Rose, City Manager
Item: 5
20 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/3/2022
DEPARTMENT: City Clerk
SUBJECT:

MOTION TO WAIVE READING OF RESOLUTIONS AND ORDINANCES
RECOMMENDED ACTION(S):

Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

EXECUTIVE SUMMARY:

California Government Code 36934 allows titles of ordinances and resolutions to be waived.

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Submitted By: Lisa Berglund, MPA, City Clerk
Approved By: Debra Rose, City Manager
Item: 6
21 55136.00000\34536956.1

CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/3/2022
DEPARTMENT: City Attorney
SUBJECT:

CONTINUING TO HOLD VIRTUAL MEETINGS PURSUANT TO AB 361
RECOMMENDED ACTION(S):

Make renewed findings that a state of emergency remains in effect and that state and local officials continue to recommend measures that promote social distancing.

EXECUTIVE SUMMARY:

The Governor has issued a series of executive orders in connection with the COVID-19 pandemic, which included a waiver of all physical-presence requirements under the Brown Act. The most recent of these orders was set to expire on September 30, 2021. Assembly Bill (“AB”) 361, which took effect as an urgency measure on September 16, leaves this determination to local agencies, subject to certain findings they must make then renew periodically to allow virtual or telephonic meetings during the pendency of the COVID-19 pandemic.

Staff recommends the City Council make renewed findings that a state of emergency remains in effect at the state level, and that local officials continue to recommend measures that promote social distancing.

BACKGROUND:

The Governor’s Executive Order N-29-20 suspended some of the Brown Act’s in- person attendance requirements, but has since expired. AB 361 extends the waiver of in-person attendance requirements, under some additional rules.

On November 2, 2021, in order to continue to have the opportunity to host virtual, hybrid, or remote meetings in a similar manner as previously permitted under the Governor’s order, the City Council made findings that a state of emergency remains in effect and that state or local officials recommend social distancing measures.

Item: 7
22 55136.00000\34536956.1
1 3
5 5
AB 361 requires that these earlier findings be renewed by the City Council every thirty (30) days in order to continue to make use of virtual or telephonic meetings and relaxed in-person attendance requirements for Council meetings.

DISCUSSION:

AB 361 permits many of the meeting adaptations allowed under the earlier Executive Order (which acted as a temporary waiver of the Brown Act’s in-person attendance requirements), while also adding new requirements to the management of remote and teleconference public meetings.

In order to continue to qualify for AB 361’s waiver of in-person meeting requirements, the Council would need to make findings within 30 days of its November 2, 2021 regular meeting that that a state of emergency remains in effect and that state or local officials recommend social distancing measures.

These findings must be renewed every 30 days for remote meetings to continue.

As the Council meets on the first and third Tuesday of every month, the Council need only renew these findings at every other regular session.

Therefore, staff recommends the City Council find and determine that a state of emergency remains in effect and that state or local officials recommend social distancing measures.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

None.

Submitted By: City Attorney
Approved By: City Manager
Item: 7
23 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/3/2022
DEPARTMENT: Finance
SUBJECT:

CERTIFICATION OF WARRANT REGISTER
RECOMMENDED ACTION(S):

Approve the warrant register in the amount of $4,032,696.92 as submitted.

EXECUTIVE SUMMARY:

In accordance with Government Code Section 37202 and Lake Forest Municipal Code Chapter 3.16, the officials below certify that 1) the invoices of the warrant register have been properly reviewed and 2) funds are available for payment of the warrants.

FISCAL IMPACT:

The amount of the warrant register is $4,032,696.92.

ATTACHMENTS:

Warrant Register
Submitted By: Kevin Shirah, Director of Finance/City Treasurer Approved By: Debra Rose, City Manager
Item: 8
24 Attachment

Item: 8
25 This warrant register includes:

Total manual warrants - $
Total current warrants 4,032,696.92
Grand total warrant register 4,032,696.92$
The following warrants are in excess of $10,000:

AMOUNT
ABTECH TECHNOLOGIES INC. 68675 39,072.00
ABTECH TECHNOLOGIES INC. 68644 33,144.05
ALL AMERICAN ASPHALT 68677 90,704.34
ALL CITY MANAGEMENT 68678 16,297.80
ALL CITY MANAGEMENT 68645 16,262.37
ANDREW J. WESTALL 68683 20,750.00
ANNEALTA GROUP 68684 23,490.62
ARCADIAN BANK 68685 25,000.00
ARCADIAN BANK 68686 15,000.00
BEAR ELECTRICAL SOLUTIONS INC. 68688 19,983.00
BEST BEST & KRIEGER LLP 68611 88,683.20
BEST BEST & KRIEGER LLP 68610 53,116.81
BKF ENGINEERS 68730 56,444.00
BRIGHTVIEW LANDSCAPE SERVICES 68650 133,930.15
CHARLES ABBOTT ASSOCIATES INC 68691 65,172.52
COUNTY OF ORANGE TREASURER-TAX 68612 1,579,665.78
EL TORO WATER DISTRICT 68698 19,292.90
EVERBRIDGE, INC. 68655 14,466.00
FAMILIES FORWARD 68736 17,313.86
GREAT SCOTT TREE SERVICE INC 68657 15,238.30
INTERNATIONAL LINE BUILDERS IN 68623 267,678.60
INTERWEST CONSULTING 68624 187,667.97
IRVINE RANCH WATER DISTRICT 68700 44,764.00
JACOB GREEN 68625 26,085.80
KIDDER MATHEWS OF CALIFORNIA 68741 77,817.45
KIDDER MATHEWS OF CALIFORNIA 68627 52,537.41
MIKE LINARES INC 68744 16,387.50
NIEVES LANDSCAPE INC. 68631 274,071.06
R.F. DICKSON CO., INC. 68709 32,480.26
RICK ENGINEERING COMPANY 68748 22,314.10
RICK ENGINEERING COMPANY 68710 14,282.31
SOUTHERN CALIFORNIA EDISON 68713 90,590.47
SOUTHERN CALIFORNIA EDISON 68749 23,541.89
SUPERIOR PROPERTY SERVICES INC 68716 12,512.50
TAIT & ASSOCIATES INC. 68750 234,814.93
TAIT & ASSOCIATES INC. 68717 61,042.45
U.S. BANK CORPORATE PAYMENT 68721 23,060.08
Z&K CONSULTANTS, INC. 68674 21,644.00
Department: Designation: Designation:

City Clerk (CC) Finance (F)
City Manager (CM) Management Services (MS)
Community Development (CD) Public Works (PW)
Community Services (CS) Police Services (PS)
City of Lake Forest
Warrant Register
April 2022
Department:

Item: 8
26 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
1Page:

Check Amount
Check Date
Invoice Description1Vendor Name Ref No. Discount Date
PO No. Pay DateInvoice Description2Vendor Name Line 2
Due Date
Invoice Number
Vendor Number
City Bank
State/Province Zip/Postal
Discount AmountCheck No.

Taxes Withheld
CA 92692

0.0004/28/2022 68723OP
04/28/20222613
04/28/2022STEPHENS (PS)
04/28/2022NAME TAGS LITTLE, DEVITT, & 118232A SOURCE OF PRIDE

67.889110431

0.00 MISSION VIEJO
Total: 68723Check No. 67.88
Total for A SOURCE OF PRIDE 67.88
CA 92081

0.0004/14/2022 68644OP
04/14/2022011409
04/14/2022
04/14/2022IT MANAGED SERVICES APR (CM) 118073ABTECH TECHNOLOGIES INC. 29,223.50W202663-IN

0.00 VISTA
CA 92081

0.0004/14/2022 68644OP
04/14/2022011409
04/14/2022
04/14/2022PLAN CHECK MONITORS MAR (CM) 118118ABTECH TECHNOLOGIES INC. 3,920.552203080-IN

0.00 VISTA
Total: 68644Check No. 33,144.05
CA 92081

0.0004/21/2022 68675OP
04/21/2022011409
04/21/2022BACKUP & DR HOSTING (CM)
04/21/2022IT MANAGED SERVICES 118181ABTECH TECHNOLOGIES INC. 39,072.00W202710-IN

0.00 VISTA
Total: 68675Check No. 39,072.00
Total for ABTECH TECHNOLOGIES INC. 72,216.05
PA 15250-7878

0.0004/07/2022 68606OP
04/07/202201983
04/07/2022SPORTS PARK (CM)
04/07/2022SECURITY QUARTERLY SERVICE 117999ADT SECURITY SERVICES 203.70910416055

0.00 PITTSBURGH
Total: 68606Check No. 203.70
PA 15250-7878

0.0004/21/2022 68676OP
04/21/202201983
04/21/202205/18 SKATE PARK (CM)
04/21/2022SECURITY MONITORING 04/19 - 118179ADT SECURITY SERVICES

59.69912481884

0.00 PITTSBURGH
PA 15250-7878

0.0004/21/2022 68676OP
04/21/202201983
04/21/20227/17 HEROES PARK (CM)
04/21/2022SECURITY MONITORING 4/18 - 118180ADT SECURITY SERVICES 155.97912347988

0.00 PITTSBURGH
Total: 68676Check No. 215.66
Item: 8
27 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
2Page:

Taxes Withheld
Total for ADT SECURITY SERVICES 419.36
CA 92630

0.0004/28/2022 68724OP
04/28/20221940
04/28/2022
04/28/2022CDBG SUBRECIPIENT 3RD QTR (CD) 118231AGE WELL SENIOR SERVICES 3,633.19JAN - MAR 2022

0.00 LAKE FOREST
Total: 68724Check No. 3,633.19
Total for AGE WELL SENIOR SERVICES 3,633.19
CA 92679

0.0004/28/2022 68725OP
04/28/2022010989
04/28/2022BUNNY BLAST (CS)
04/28/2022PORTALET RENTALS 04/09 118234AJ PORTABLES INC. 475.0052310

0.00 COTO DE CAZA
Total: 68725Check No. 475.00
Total for AJ PORTABLES INC. 475.00
CA 92878-2229

0.0004/21/2022 68677OP
04/21/20220116
04/21/2022PORTOLA TO EL TORO FEB (PW)
04/21/2022GLENN RANCH ROAD RESURFACING 118198ALL AMERICAN ASPHALT 90,704.34GRR PAYMENT 04

0.00 CORONA
Total: 68677Check No. 90,704.34
Total for ALL AMERICAN ASPHALT 90,704.34
CA 90084

0.0004/14/2022 68645OP
04/14/20220126
04/14/202203/19/22 CONTRACT SERVICES
04/14/2022CROSSING GUARD 03/06/22 - 118116ALL CITY MANAGEMENT 16,262.3776236

0.00 SERVICES, INC.

LOS ANGELES
Total: 68645Check No. 16,262.37
CA 90084

0.0004/21/2022 68678OP
04/21/20220126
04/21/202204/02/22 CONTRACT SERVICES
04/21/2022CROSSING GUARD 03/20/22 - 118209ALL CITY MANAGEMENT 16,297.8076586

0.00 SERVICES, INC.

LOS ANGELES
Total: 68678Check No. 16,297.80
Total for ALL CITY MANAGEMENT 32,560.17
Item: 8
28 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
3Page:

Taxes Withheld
CO 80919

0.0004/07/2022 68607OP
04/07/2022011831
04/07/2022UPGRADE (CM)
04/07/2022EDMS STORAGE APPLIANCE 118003ALLIANCE STORAGE TECHNOLOGIES 4,188.65179455

0.00 INC

COLORADO SPRINGS
Total: 68607Check No. 4,188.65
Total for ALLIANCE STORAGE TECHNOLOGIES 4,188.65
CA 92688

0.0004/28/2022 68726OP
04/28/2022011774
04/28/2022HEROES PARK APR (PW)
04/28/2022BEE / WASP TREATMENT 118240ALLURE PEST MANAGEMENT INC. 150.0061115

0.00 RANCHO SANTA MARGARITA
Total: 68726Check No. 150.00
Total for ALLURE PEST MANAGEMENT INC. 150.00
CA 92614

0.0004/28/2022 68727OP
04/28/2022011426
04/28/2022
04/28/2022CDBG SUBRECIPIENT 3RD QTR (CD) 118230ALZHEIMER'S ORANGE COUNTY 1,250.00JAN - MAR 2022

0.00 IRVINE
Total: 68727Check No. 1,250.00
Total for ALZHEIMER'S ORANGE COUNTY 1,250.00
CA 92675

0.0004/07/2022 68608OP
04/07/2022010013
04/07/2022CHAIRS, TABLES, & FENCING (CS)
04/07/2022BUNNY BLAST 04/09 TENTS, 117928AMAZING TENTS & EVENTS 2,368.002296

0.00 SAN JUAN CAPISTRANO
Total: 68608Check No. 2,368.00
Total for AMAZING TENTS & EVENTS 2,368.00
CA 90240

0.0004/07/2022 68609OP
04/07/2022011482
04/07/2022
04/07/2022REHAB LOAN FEES SORIANO (CD) 117993AMERINAT
431.00FS-5408

0.00 RECEIVABLES DEPARTMENT
DOWNEY
Total: 68609Check No. 431.00
CA 90240

0.0004/21/2022 68679OP
04/21/2022011482
04/21/2022
04/21/2022REHAB LOAN FEES REYES (CD) 118206AMERINAT
174.00FS-5375

0.00 RECEIVABLES DEPARTMENT
DOWNEY
Total: 68679Check No. 174.00
Item: 8
29 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
4Page:

Taxes Withheld
CA 90240

0.0004/21/2022 68680OP
04/21/2022011482
04/21/2022
04/21/2022REHAB LOAN FEES GONZALEZ (CD) 118183AMERINAT 194.00FS-5409

0.00 RECEIVABLES DEPARTMENT
DOWNEY
Total: 68680Check No. 194.00
CA 90240

0.0004/21/2022 68681OP
04/21/2022011482
04/21/2022
04/21/2022REHAB LOAN FEES MCMILLAN (CD) 118210AMERINAT 431.00FS-5433

0.00 RECEIVABLES DEPARTMENT
DOWNEY
Total: 68681Check No. 431.00
Total for AMERINAT 1,230.00
CA 92618

0.0004/21/2022 68682OP
04/21/2022011330
04/21/2022CIVIC CENTER MAR (PW)
04/21/2022GENERATOR LOAD TEST 118168ANDERSON & HOWARD ELECTRIC INC 350.00960001823

0.00 IRVINE
Total: 68682Check No. 350.00
Total for ANDERSON & HOWARD ELECTRIC INC 350.00
CA 91602

0.0004/21/2022 68683OP
04/21/2022011822
04/21/2022REDISTRICTING (CC)
04/21/2022PROFESSIONAL SERVICES 118188ANDREW J. WESTALL 20,750.000011-002

0.00 BEAR DEMOGRAPHICS & RESEARCH

TOLUCA LAKE
Total: 68683Check No. 20,750.00
Total for ANDREW J. WESTALL 20,750.00
CA 92649

0.0004/21/2022 68684OP
04/21/2022011785
04/21/2022LANDSEA SOUTH PA-5 TRACT15353
04/21/2022DEVELOPMENT INSPECTION MAR 118145ANNEALTA GROUP 2,670.312345

0.00 HUNTINGTON BEACH
CA 92649

0.0004/21/2022 68684OP
04/21/2022011785
04/21/2022AREA C - PORTOLA CENTER
04/21/2022DEVELOPMENT INSPECTION MAR 118146ANNEALTA GROUP 16,410.312346

0.00 HUNTINGTON BEACH
CA 92649

0.0004/21/2022 68684OP
04/21/2022011785
04/21/2022AREA C - PORTOLA CENTER
04/21/2022DEVELOPMENT INSPECTION MAR 118147ANNEALTA GROUP 900.002347

0.00 HUNTINGTON BEACH
Item: 8
30 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
5Page:

Taxes Withheld
CA 92649

0.0004/21/2022 68684OP
04/21/2022011785
04/21/2022MIXED USE TRACT 17821
04/21/2022DEVELOPMENT INSPECTION MAR 118148ANNEALTA GROUP 1,620.002348

0.00 HUNTINGTON BEACH
CA 92649

0.0004/21/2022 68684OP
04/21/2022011785
04/21/2022TRACT 17300 HOME SITES ONLY
04/21/2022DEVELOPMENT INSPECTION MAR 118149ANNEALTA GROUP 1,890.002349

0.00 HUNTINGTON BEACH
Total: 68684Check No. 23,490.62
Total for ANNEALTA GROUP 23,490.62
CA 90248

0.0004/14/2022 68646OP
04/14/2022010902
04/14/2022VETERANS PARK (PW)
04/14/2022LAKE MAINTENANCE MAR 118075AQUABIO ENVIRONMENTAL 3,247.5860014

0.00 TECHNOLOGIES

GARDENA
Total: 68646Check No. 3,247.58
Total for AQUABIO ENVIRONMENTAL 3,247.58
MN 56032

0.0004/21/2022 68685OP
04/21/2022011710
04/21/2022
04/21/2022REHAB LOAN WALKER (CD) 118204ARCADIAN BANK
25,000.00WALKER 04/14/2022

0.00 FREEBORN
Total: 68685Check No. 25,000.00
MN 56032

0.0004/21/2022 68686OP
04/21/2022011710
04/21/2022
04/21/2022REHAB LOAN MCMILLAN (CD) 118205ARCADIAN BANK 15,000.00MCMILLAN 04/11/2022

0.00 FREEBORN
Total: 68686Check No. 15,000.00
Total for ARCADIAN BANK 40,000.00
MA 02186

0.0004/28/2022 68728OP
04/28/2022011050
04/28/2022
04/28/2022FLEET GPS UNITS APR (F) 118233ASSURED TELEMATICS INC. 291.0089277

0.00 MILTON
Total: 68728Check No. 291.00
Total for ASSURED TELEMATICS INC. 291.00
Item: 8
31 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
6Page:

Taxes Withheld
IL 60197-9011

0.0004/14/2022 68647OP
04/14/2022011084
04/14/2022
04/14/2022PARK UTILITIES MAR (PW) 118076AT&T CALNET3

45.12157 000017965295

0.00 CAROL STREAM
Total: 68647Check No. 45.12
IL 60197-9011

0.0004/21/2022 68687OP
04/21/2022011084
04/21/2022PARK (PW)
04/21/2022PARK UTILITIES MAR RIMGATE 118176AT&T CALNET3

66.00189 000018016003

0.00 CAROL STREAM
Total: 68687Check No. 66.00
IL 60197-9011

0.0004/28/2022 68729OP
04/28/2022011084
04/28/2022
04/28/2022MPS UTILITIES MAR (PW) 118241AT&T CALNET3
112.80257 000018014105

0.00 CAROL STREAM
Total: 68729Check No. 112.80
Total for AT&T CALNET3 223.92
CA 95002

0.0004/14/2022 68648OP
04/14/2022011384
04/14/2022
04/14/2022TRAFFIC SIGNAL CLAIM MAR (PW) 118077BEAR ELECTRICAL SOLUTIONS INC. 5,638.0015195

0.00 ALVISO
Total: 68648Check No. 5,638.00
CA 95002

0.0004/21/2022 68688OP
04/21/2022011384
04/21/2022ROUTINE (PW)
04/21/2022TRAFFIC SIGNAL MAR MAINTENANCE 118139BEAR ELECTRICAL SOLUTIONS INC. 5,495.5015234

0.00 ALVISO
CA 95002

0.0004/21/2022 68688OP
04/21/2022011384
04/21/2022RESPONSE (PW)
04/21/2022TRAFFIC SIGNAL MAR MAINTENANCE 118140BEAR ELECTRICAL SOLUTIONS INC. 14,487.5015233

0.00 ALVISO
Total: 68688Check No. 19,983.00
Total for BEAR ELECTRICAL SOLUTIONS INC. 25,621.00
CA 92865

0.0004/14/2022 68649OP
04/14/2022011837
04/14/2022LFSP SOUTH CONCESSION STAND
04/14/2022FIRE ALARM PANEL INSTALLATION 118119BERNEL INC. 1,000.0012214017

0.00 VFS FIRE & SECURITY SERVICES
ORANGE
Item: 8
32 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
7Page:

Taxes Withheld
CA 92865

0.0004/14/2022 68649OP
04/14/2022011837
04/14/2022LFSP MAR (PW)
04/14/2022RADIO DIALER INSTALLATION 118120BERNEL INC.
1,000.0012214004

0.00 VFS FIRE & SECURITY SERVICES
ORANGE
Total: 68649Check No. 2,000.00
Total for BERNEL INC. 2,000.00
CA 90074-3074

0.0004/07/2022 68610OP
04/07/20220233
04/07/2022
04/07/2022LEGAL SERVICES DEC (CM) 117972BEST BEST & KRIEGER LLP 53,116.8121-12

0.00 LOS ANGELES
Total: 68610Check No. 53,116.81
CA 90074-3074

0.0004/07/2022 68611OP
04/07/20220233
04/07/2022
04/07/2022LEGAL SERVICES JAN (CM) 117973BEST BEST & KRIEGER LLP 88,683.2022-01

0.00 LOS ANGELES
Total: 68611Check No. 88,683.20
Total for BEST BEST & KRIEGER LLP 141,800.01
CA 94065

0.0004/28/2022 68730OP
04/28/2022011809
04/28/2022TURN DESIGN FEB (PW)
04/28/2022LOS ALISOS/MUIRLANDS 2ND LEFT 118242BKF ENGINEERS 22,858.0022031169

0.00 REDWOOD CITY
CA 94065

0.0004/28/2022 68730OP
04/28/2022011809
04/28/2022TURN DESIGN MAR (PW)
04/28/2022LOS ALISOS/MUIRLANDS 2ND LEFT 118243BKF ENGINEERS 33,586.0022041104

0.00 REDWOOD CITY
Total: 68730Check No. 56,444.00
Total for BKF ENGINEERS 56,444.00
CA 91110-2463

0.0004/14/2022 68650OP
04/14/2022011265
04/14/2022LFSP (PW)
04/14/2022MONTHLY MAINTENANCE MAR 118078BRIGHTVIEW LANDSCAPE SERVICES 56,725.037795097

0.00 INC.

PASADENA
CA 91110-2463

0.0004/14/2022 68650OP
04/14/2022011265
04/14/2022LFSP (PW)
04/14/2022IRRIGATION REPAIRS NOV 118079BRIGHTVIEW LANDSCAPE SERVICES 1,881.407681741

0.00 INC.

PASADENA
Item: 8
33 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
8Page:

Taxes Withheld
CA 91110-2463

0.0004/14/2022 68650OP
04/14/2022011265
04/14/2022SPORTS PARK (PW)
04/14/2022MONTHLY MAINTENANCE MAR 118080BRIGHTVIEW LANDSCAPE SERVICES 75,323.727795098

0.00 INC.

PASADENA
Total: 68650Check No. 133,930.15
Total for BRIGHTVIEW LANDSCAPE SERVICES 133,930.15
CA 92675

0.0004/21/2022 68689OP
04/21/202203025
04/21/2022
04/21/2022CDBG SUBRECIPIENT 3RD QTR (CD) 118138CAMINO HEALTH CENTER 3,062.50JAN - MAR 2022

0.00 SAN JUAN CAPISTRANO
Total: 68689Check No. 3,062.50
Total for CAMINO HEALTH CENTER 3,062.50
IL 60197-4307

0.0004/21/2022 68690OP
04/21/2022010045
04/21/2022(F)
04/21/2022ACCOUNTING SYSTEM 2022 - 2023 118132CCH INCORPORATED 3,343.005412764667

0.00 CAROL STREAM
Total: 68690Check No. 3,343.00
Total for CCH INCORPORATED 3,343.00
CA 92691

0.0004/21/2022 68691OP
04/21/20220308
04/21/2022
04/21/2022STREET MAINTENANCE MAR (PW) 118150CHARLES ABBOTT ASSOCIATES INC 65,172.5263971

0.00 MISSION VIEJO
Total: 68691Check No. 65,172.52
Total for CHARLES ABBOTT ASSOCIATES INC 65,172.52
MN 55485-5806

0.0004/28/2022 68731OP
04/28/2022011153
04/28/2022
04/28/2022OFFICE 365 RENEWAL (CM) 118244CONVERGEONE INC.

40.323417621

0.00 NW 5806

MINNEAPOLIS
Total: 68731Check No. 40.32
Total for CONVERGEONE INC. 40.32
IL 60678

0.0004/14/2022 68651OP
04/14/2022011322
04/14/2022CIVIC CENTER MAR (CM)
04/14/2022RADIO TRANSMITTER REPLACEMENT 118081CONVERGINT TECHNOLOGIES LLC 894.39W1280591

0.00 CHICAGO
Item: 8
34 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
9Page:

Taxes Withheld
IL 60678

0.0004/14/2022 68651OP
04/14/2022011322
04/14/2022
04/14/2022CAMERA MAINTENANCE MAR (CM) 118091CONVERGINT TECHNOLOGIES LLC 2,832.33319160

0.00 CHICAGO
IL 60678

0.0004/14/2022 68651OP
04/14/2022011322
04/14/2022
04/14/2022CAMERA MAINTENANCE APR (CM) 118092CONVERGINT TECHNOLOGIES LLC 2,832.33322017

0.00 CHICAGO
Total: 68651Check No. 6,559.05
Total for CONVERGINT TECHNOLOGIES LLC 6,559.05
CA 95630

0.0004/21/2022 68692OP
04/21/202203196
04/21/2022(F)
04/21/2022STATE MANDATED CLAIMS FY 21-22 118131COST RECOVERY SYSTEMS INC. 9,250.002022-32

0.00 FOLSOM
Total: 68692Check No. 9,250.00
Total for COST RECOVERY SYSTEMS INC. 9,250.00
IL 60693

0.0004/21/2022 68693OP
04/21/2022011314
04/21/2022
04/21/2022COMMERCIAL PROPERTIES APR (CM) 118202COSTAR REALTY INFORMATION INC. 285.82115883458-1

0.00 CHICAGO
Total: 68693Check No. 285.82
Total for COSTAR REALTY INFORMATION INC. 285.82
CA 92702

0.0004/07/2022 68612OP
04/07/2022031362
04/07/2022
04/07/2022LAW ENFORCEMENT APR (PS) 118058COUNTY OF ORANGE TREASURER-TAX 1,579,665.78SH 61743

0.00 COLLECTOR

SANTA ANA
Total: 68612Check No. 1,579,665.78
CA 92702

0.0004/28/2022 68732OP
04/28/2022031362
04/28/2022
04/28/2022AFIS FINGERPRINT APR (PS) 118245COUNTY OF ORANGE TREASURER-TAX 3,315.00SH 61768

0.00 COLLECTOR

SANTA ANA
Total: 68732Check No. 3,315.00
Total for COUNTY OF ORANGE TREASURER-TAX 1,582,980.78
Item: 8
35 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
10Page:

Taxes Withheld
AZ 85072-3280

0.0004/07/2022 68613OP
04/07/202203003
04/07/2022
04/07/2022CABLE SERVICES MAR (CM) 118010COX COMMUNICATIONS 140.721201 03/12/2022

0.00 PHOENIX
Total: 68613Check No. 140.72
AZ 85072-3280

0.0004/21/2022 68694OP
04/21/202203003
04/21/2022SERVICES APR (CM)
04/21/2022TELEPHONE, INTERNET, CABLE 118178COX COMMUNICATIONS 2,109.303601 04/02/2022

0.00 PHOENIX
Total: 68694Check No. 2,109.30
Total for COX COMMUNICATIONS 2,250.02
CA 92704

0.0004/07/2022 68614OP
04/07/2022011525
04/07/2022LFSP TOURNAMENT MAR (CS)
04/07/2022JANITORIAL SERVICES FOR 118015CROWN FACILITY SOLUTIONS 196.53216778

0.00 SANTA ANA
Total: 68614Check No. 196.53
CA 92704

0.0004/14/2022 68652OP
04/14/2022011525
04/14/2022POLICE SERVICES (PS)
04/14/2022JANITORIAL SERVICES APR 118082CROWN FACILITY SOLUTIONS 774.40216805

0.00 SANTA ANA
CA 92704

0.0004/14/2022 68652OP
04/14/2022011525
04/14/2022SPORTS PARK (CS)
04/14/2022JANITORIAL SERVICES APR 118083CROWN FACILITY SOLUTIONS 4,856.84216804

0.00 SANTA ANA
Total: 68652Check No. 5,631.24
CA 92704

0.0004/21/2022 68695OP
04/21/2022011525
04/21/2022TOURNAMENT 4/9 - 4/10 APR (CS)
04/21/2022JANITORIAL SERVICES FOR LFSP 118143CROWN FACILITY SOLUTIONS 186.61216872

0.00 SANTA ANA
CA 92704

0.0004/21/2022 68695OP
04/21/2022011525
04/21/2022TOURNAMENT 4/2 - 4/3 APR (CS)
04/21/2022JANITORIAL SERVICES FOR LFSP 118144CROWN FACILITY SOLUTIONS 186.61216871

0.00 SANTA ANA
Total: 68695Check No. 373.22
Total for CROWN FACILITY SOLUTIONS 6,200.99
Item: 8
36 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
11Page:

Taxes Withheld
CA 91189-2741

0.0004/14/2022 68653OP
04/14/2022011836
04/14/2022CIVIC CENTER (MS)
04/14/2022PAC WINGS INSTALLATION FEB 118121DAZIAN LLC
5,342.040092857

0.00 PASADENA
Total: 68653Check No. 5,342.04
Total for DAZIAN LLC 5,342.04
CA 94244-2550

0.0004/21/2022 68696OP
04/21/20220438
04/21/2022FINGERPRINT MAR (MS)
04/21/2022PRE-EMPLOYMENT & VOLUNTEER 118133DEPARTMENT OF JUSTICE 211.00572697

0.00 SACRAMENTO
Total: 68696Check No. 211.00
Total for DEPARTMENT OF JUSTICE 211.00
CA 91109-7214

0.0004/14/2022 68654OP
04/14/20220490
04/14/2022SKATE PARK (CS)
04/14/2022MONTHLY SERVICE APR 118084DEWEY PEST CONTROL

40.0015029955

0.00 PASADENA
CA 91109-7214

0.0004/14/2022 68654OP
04/14/20220490
04/14/2022HEROES PARK (CS)
04/14/2022MONTHLY SERVICE APR 118085DEWEY PEST CONTROL

35.0015029957

0.00 PASADENA
CA 91109-7214

0.0004/14/2022 68654OP
04/14/20220490
04/14/2022SPORTS PARK (PW)
04/14/2022MONTHLY SERVICE APR 118086DEWEY PEST CONTROL 196.0015029958

0.00 PASADENA
Total: 68654Check No. 271.00
Total for DEWEY PEST CONTROL 271.00
CA 92014

0.0004/21/2022 68697OP
04/21/202205036
04/21/2022
04/21/2022PROFESSIONAL SERVICES MAR (PW) 118141ECONOMICS INC. 9,485.822021-22.9

0.00 DEL MAR
Total: 68697Check No. 9,485.82
CA 92014

0.0004/28/2022 68733OP
04/28/202205036
04/28/2022JOINT SOLID WASTE RFP (PW)
04/28/2022PROFESSIONAL SERVICES MAR 118247ECONOMICS INC. 9,511.252022.2

0.00 DEL MAR
Total: 68733Check No. 9,511.25
Item: 8
37 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
12Page:

Taxes Withheld
Total for ECONOMICS INC. 18,997.07
CA 92630

0.0004/28/2022 68734OP
04/28/202206020
04/28/2022OWNERSHIP PROGRAM (PS)
04/28/2022RESPONSIBLE PET 118246EL TORO ANIMAL HOSPITAL

50.00282743

0.00 LAKE FOREST
Total: 68734Check No. 50.00
Total for EL TORO ANIMAL HOSPITAL 50.00
CA 92630

0.0004/21/2022 68698OP
04/21/202205021
04/21/2022MAR (PW)
04/21/2022WATER SERVICES LFSP/MPS/PARKS 118142EL TORO WATER DISTRICT 19,292.9022-03

0.00 LAKE FOREST
Total: 68698Check No. 19,292.90
Total for EL TORO WATER DISTRICT 19,292.90
CA 92801

0.0004/07/2022 68615OP
04/07/2022011386
04/07/2022SLAVEN & MEIER (PW)
04/07/2022HAZWOPER REFRESHER TRAINING 118024ENVIRONMENTAL TRAINING AND 220.0040159

0.00 COMPLIANCE

ANAHEIM
Total: 68615Check No. 220.00
Total for ENVIRONMENTAL TRAINING AND 220.00
NV 89193-2506

0.0004/14/2022 68655OP
04/14/2022011587
04/14/2022
04/14/2022NIXLE ALERT SYSTEM 2022 (MS) 118087EVERBRIDGE, INC. 14,466.00M67546

0.00 LAS VEGAS
Total: 68655Check No. 14,466.00
Total for EVERBRIDGE, INC. 14,466.00
CA 92705

0.0004/28/2022 68735OP
04/28/20220614
04/28/2022
04/28/2022CDBG SUBRECIPIENT 3RD QTR (CD) 118253FAIR HOUSING COUNCIL OF O.C. 1,850.00JAN - MAR 2022

0.00 SANTA ANA
Total: 68735Check No. 1,850.00
Total for FAIR HOUSING COUNCIL OF O.C. 1,850.00
Item: 8
38 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
13Page:

Taxes Withheld
CA 92618

0.0004/28/2022 68736OP
04/28/20220657
04/28/2022(CD)
04/28/2022CDBG-CV SUBRECIPIENT 1ST QTR 118249FAMILIES FORWARD 2,394.63JUL - SEP 2021 CV

0.00 IRVINE
CA 92618

0.0004/28/2022 68736OP
04/28/20220657
04/28/2022(CD)
04/28/2022CDBG-CV SUBRECIPIENT 2ND QTR 118250FAMILIES FORWARD 2,394.63OCT - DEC 2021 CV

0.00 IRVINE
CA 92618

0.0004/28/2022 68736OP
04/28/20220657
04/28/2022
04/28/2022CDBG SUBRECIPIENT 1ST QTR (CD) 118251FAMILIES FORWARD 12,524.60JUL - SEP 2021

0.00 IRVINE
Total: 68736Check No. 17,313.86
Total for FAMILIES FORWARD 17,313.86
CA 92673

0.0004/14/2022 68656OP
04/14/2022011274
04/14/2022
04/14/2022CDBG SUBRECIPIENT 1ST QTR (CD) 118088FAMILY ASSISTANCE MINISTRIES 108.09JUL- SEP 2021

0.00 SAN CLEMENTE
CA 92673

0.0004/14/2022 68656OP
04/14/2022011274
04/14/2022
04/14/2022CDBG SUBRECIPIENT 2ND QTR (CD) 118089FAMILY ASSISTANCE MINISTRIES 2,564.81OCT - DEC 2021

0.00 SAN CLEMENTE
Total: 68656Check No. 2,672.90
CA 92673

0.0004/28/2022 68737OP
04/28/2022011274
04/28/2022(CD)
04/28/2022CDBG-CV SUBRECIPIENT 3RD QTR 118248FAMILY ASSISTANCE MINISTRIES 279.12JAN - MAR 2022 CV

0.00 SAN CLEMENTE
CA 92673

0.0004/28/2022 68737OP
04/28/2022011274
04/28/2022
04/28/2022CDBG SUBRECIPIENT 3RD QTR (CD) 118252FAMILY ASSISTANCE MINISTRIES 649.96JAN - MAR 2022

0.00 SAN CLEMENTE
Total: 68737Check No. 929.08
Total for FAMILY ASSISTANCE MINISTRIES 3,601.98
CA 91109-7321

0.0004/07/2022 68616OP
04/07/20220601
04/07/2022OVERNIGHT ENVELOPE (PW)
04/07/2022LFTM EL TORO/PORTOLA 118025FEDEX

67.607-695-27054

0.00 PASADENA
Total: 68616Check No. 67.60
Item: 8
39 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
14Page:

Taxes Withheld
Total for FEDEX 67.60
CA 92501

0.0004/07/2022 68617OP
04/07/2022010384
04/07/2022FEB (CM)
04/07/2022DESIGN OF DAIS SIDE TABLES 117996G M BUSINESS INTERIORS 1,733.000274123-IN

0.00 RIVERSIDE
Total: 68617Check No. 1,733.00
Total for G M BUSINESS INTERIORS 1,733.00
CA 92648

0.0004/07/2022 68618OP
04/07/202207631
04/07/2022ENTERTAINMENT 12/3/2022 (CS)
04/07/2022BREAKFAST WITH SANTA DEPOSIT 117992GEOFF UMPLEBY 400.00120422-B

0.00 HUNTINGTON BEACH
Total: 68618Check No. 400.00
Total for GEOFF UMPLEBY 400.00
CA 92688

0.0004/07/2022 68619OP
04/07/2022010385
04/07/2022COMPACTION TESTING MAR (PW)
04/07/2022EMERALD CT ACCESS ROAD REPAIR 118018GMU GEOTECHNICAL INC. 1,265.0061319

0.00 RANCHO SANTA MARGARITA
Total: 68619Check No. 1,265.00
CA 92688

0.0004/28/2022 68738OP
04/28/2022010385
04/28/2022MAR (PW)
04/28/2022GEOTECH 3RD PARTY REVIEW 118254GMU GEOTECHNICAL INC. 4,195.0061504

0.00 RANCHO SANTA MARGARITA
Total: 68738Check No. 4,195.00
Total for GMU GEOTECHNICAL INC. 5,460.00
IL 60038-0001

0.0004/21/2022 68699OP
04/21/2022010541
04/21/2022MAR CIVIC CENTER (PW)
04/21/2022DOOR STOP MOUNTS 118165GRAINGER
125.939263423734

0.00 PALATINE
Total: 68699Check No. 125.93
Total for GRAINGER 125.93
Item: 8
40 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
15Page:

Taxes Withheld
CA 90680

0.0004/14/2022 68657OP
04/14/2022010832
04/14/2022
04/14/2022TREE MAINTENANCE MAR (PW) 118090GREAT SCOTT TREE SERVICE INC 15,238.30121582

0.00 STANTON
Total: 68657Check No. 15,238.30
Total for GREAT SCOTT TREE SERVICE INC 15,238.30
CA 90051-4598

0.0004/07/2022 68620OP
04/07/2022011361
04/07/2022CENTER (PW)
04/07/2022SLOPE LANDSCAPE FEB CIVIC 118019HABITAT RESTORATION SCIENCES 1,500.0012183

0.00 INC.

LOS ANGELES
Total: 68620Check No. 1,500.00
Total for HABITAT RESTORATION SCIENCES 1,500.00
CA 92780

0.0004/07/2022 68621OP
04/07/2022010282
04/07/2022DEVELOPMENT/CIP (PW)
04/07/2022TRAFFIC ENGINEERING FEB 118023HARTZOG & CRABILL INC. 9,511.8022-0142

0.00 TUSTIN
Total: 68621Check No. 9,511.80
Total for HARTZOG & CRABILL INC. 9,511.80
CA 92821

0.0004/28/2022 68739OP
04/28/20220838
04/28/2022- JUN (F)
04/28/2022PROPERTY TAX ANALYSIS APR 118262HDL COREN & CONE 4,562.50SIN016444

0.00 BREA
Total: 68739Check No. 4,562.50
Total for HDL COREN & CONE 4,562.50
IL 60677-5367

0.0004/07/2022 68622OP
04/07/202210011
04/07/2022CIVIC CENTER (PW)
04/07/2022MITIGATION CONSTRUCTION JAN 118017ICF JONES & STOKES INC 2,279.25INV-00000022402

0.00 CHICAGO
Total: 68622Check No. 2,279.25
Total for ICF JONES & STOKES INC 2,279.25
CA 92519

0.0004/07/2022 68623OP
04/07/2022011832
04/07/2022PW 2019-09 MAR (PW)
04/07/2022CIP LEFT TURN PHASING 118054INTERNATIONAL LINE BUILDERS IN 267,678.60891300

0.00 ILB ELECTRIC

RIVERSIDE
Item: 8
41 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
16Page:

Taxes Withheld
Total: 68623Check No. 267,678.60
Total for INTERNATIONAL LINE BUILDERS IN 267,678.60
CO 80537

0.0004/07/2022 68624OP
04/07/202209431
04/07/2022(CD)
04/07/2022BUILDING & SAFETY SERVICES FEB 118005INTERWEST CONSULTING 187,667.9776731

0.00 GROUP, INC.

LOVELAND
Total: 68624Check No. 187,667.97
Total for INTERWEST CONSULTING 187,667.97
CA 92014

0.0004/14/2022 68658OP
04/14/2022010963
04/14/2022SKATE PARK (CM)
04/14/2022VIDEO STREAMING SERVICE APR 118093IP VIDEO SPECIALISTS 199.005308

0.00 DEL MAR
Total: 68658Check No. 199.00
Total for IP VIDEO SPECIALISTS 199.00
CA 92867-4607

0.0004/14/2022 68659OP
04/14/20220923
04/14/2022WB10J6305L6D14739 (PS)
04/14/2022VEHICLE REPAIR 03/22 118094IRV SEAVER MOTORCYCLES 1,427.1120220581

0.00 ORANGE
Total: 68659Check No. 1,427.11
Total for IRV SEAVER MOTORCYCLES 1,427.11
CA 92619-7000

0.0004/21/2022 68700OP
04/21/20220927
04/21/2022MPS, PARKS (PW)
04/21/2022WATER SERVICES MAR CC, LFSP, 118175IRVINE RANCH WATER DISTRICT 44,764.0022-03

0.00 IRVINE
Total: 68700Check No. 44,764.00
Total for IRVINE RANCH WATER DISTRICT 44,764.00
CA 92782

0.0004/07/2022 68625OP
04/07/2022011813
04/07/2022CONSULTING (PS)
04/07/2022EMERGENCY MANAGEMENT PLAN 118014JACOB GREEN
26,085.801992

0.00 TUSTIN
Total: 68625Check No. 26,085.80
Total for JACOB GREEN 26,085.80
Item: 8
42 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
17Page:

Taxes Withheld
CA 92630

0.0004/28/2022 68740OP
04/28/20221306
04/28/2022DEPUTY HANDBOOK (PS)
04/28/2022PRINTING SERVICES APR 118273JAMES L. BLACKBURN 195.0328463

0.00 MINUTEMAN PRESS

LAKE FOREST
CA 92630

0.0004/28/2022 68740OP
04/28/20221306
04/28/2022
04/28/2022BUSINESS CARDS APR (PS) 118274JAMES L. BLACKBURN

41.2128504

0.00 MINUTEMAN PRESS

LAKE FOREST
Total: 68740Check No. 236.24
Total for JAMES L. BLACKBURN 236.24
CA 92653

0.0004/07/2022 68626OP
04/07/202210016
04/07/2022MAR LFSP (PW)
04/07/2022BACKBOARD GLASS REMOVAL 118021JAMEY CLARK INC. 191.2573064

0.00 LAGUNA HILLS
CA 92653

0.0004/07/2022 68626OP
04/07/202210016
04/07/2022BORREGO PARK (PW)
04/07/2022INSTALL SOAP DISPENSER MAR 118056JAMEY CLARK INC. 191.2573063

0.00 LAGUNA HILLS
Total: 68626Check No. 382.50
Total for JAMEY CLARK INC. 382.50
CA 92653

0.0004/14/2022 68660OP
04/14/2022010871
04/14/2022SHIRTS MAR (CS)
04/14/2022ADULT SOFTBALL CHAMPIONSHIP 118095JC TEES
2,200.687890

0.00 LAGUNA HILLS
Total: 68660Check No. 2,200.68
Total for JC TEES 2,200.68
GA 30384

0.0004/21/2022 68701OP
04/21/2022011107
04/21/202204/03 (CC)
04/21/2022PROFESSIONAL SERVICES 03/29 - 118189KFORCE INC. & SUBSIDIARIES 924.008303863

0.00 ATLANTA
GA 30384

0.0004/21/2022 68701OP
04/21/2022011107
04/21/202203/27 (CC)
04/21/2022PROFESSIONAL SERVICES 03/21 - 118211KFORCE INC. & SUBSIDIARIES 792.008295596

0.00 ATLANTA
Total: 68701Check No. 1,716.00
Total for KFORCE INC. & SUBSIDIARIES 1,716.00
Item: 8
43 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
18Page:

Taxes Withheld
WA 98402

0.0004/07/2022 68627OP
04/07/2022011552
04/07/2022(PW, CS)
04/07/2022CIVIC CENTER MAINTENANCE FEB 118006KIDDER MATHEWS OF CALIFORNIA 52,537.41KMCA5482

0.00 INC.

TACOMA
Total: 68627Check No. 52,537.41
WA 98402

0.0004/28/2022 68741OP
04/28/2022011552
04/28/2022(PW)
04/28/2022CIVIC CENTER MAINTENANCE MAR 118263KIDDER MATHEWS OF CALIFORNIA 77,817.45KMCA5552

0.00 INC.

TACOMA
Total: 68741Check No. 77,817.45
Total for KIDDER MATHEWS OF CALIFORNIA 130,354.86
CA 92630

0.0004/21/2022 68702OP
04/21/20221163
04/21/2022MAR VARIOUS PARKS (PW)
04/21/2022MESSAGE BOARD LOCKS 118167KWIKEY'S LOCK AND KEY, INC. 683.16031722

0.00 LAKE FOREST
Total: 68702Check No. 683.16
Total for KWIKEY'S LOCK AND KEY, INC. 683.16
CA 92630

0.0004/07/2022 68628OP
04/07/2022010898
04/07/2022DODGE DAKOTA (CD)
04/07/2022VEHICLE MAINTENANCE FEB 2006 118011L & M AUTOMOTIVE

78.5047953

0.00 LAKE FOREST
Total: 68628Check No. 78.50
Total for L & M AUTOMOTIVE 78.50
IL 60674-5099

0.0004/21/2022 68703OP
04/21/2022011315
04/21/2022NOW FRONT-END APR (CM)
04/21/2022COMMERCIAL PROPERTIES 118203LOOPNET
356.00115863558-1

0.00 CHICAGO
Total: 68703Check No. 356.00
Total for LOOPNET 356.00
CA 92614

0.0004/21/2022 68704OP
04/21/20221210
04/21/2022SERVICES UP 07-21-5447 (CD)
04/21/2022ENVIRONMENTAL CONSULTING 118135LSA ASSOCIATES INC. 1,225.00182014

0.00 IRVINE
Item: 8
44 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
19Page:

Taxes Withheld
CA 92614

0.0004/21/2022 68704OP
04/21/20221210
04/21/2022SERVICES UP 06-21-5437 (CD)
04/21/2022ENVIRONMENTAL CONSULTING 118136LSA ASSOCIATES INC. 2,710.00182081

0.00 IRVINE
Total: 68704Check No. 3,935.00
CA 92614

0.0004/28/2022 68742OP
04/28/20221210
04/28/2022SERVICES UP 06-21-5438 (CD)
04/28/2022ENVIRONMENTAL CONSULTING 118264LSA ASSOCIATES INC. 837.50182059

0.00 IRVINE
Total: 68742Check No. 837.50
Total for LSA ASSOCIATES INC. 4,772.50
CA 92835

0.0004/28/2022 68743OP
04/28/2022011789
04/28/2022
04/28/2022LEAFLET DESIGN APR (MS) 118266MERRIT DEVIN DAILEY 3,000.000000262

0.00 MERRITT STUDIO, LLC

FULLERTON
Total: 68743Check No. 3,000.00
Total for MERRIT DEVIN DAILEY 3,000.00
CA 92865

0.0004/14/2022 68661OP
04/14/2022011833
04/14/2022LFSP SOUTH CONCESSION (PW)
04/14/2022FIRE ALARM MONITORING APR 118096MESHWRX INC. 780.0012237531

0.00 ORANGE
CA 92865

0.0004/14/2022 68661OP
04/14/2022011833
04/14/2022LFSP NORTH CONCESSION (PW)
04/14/2022FIRE ALARM MONITORING APR 118097MESHWRX INC. 780.0012237523

0.00 ORANGE
Total: 68661Check No. 1,560.00
Total for MESHWRX INC. 1,560.00
CA 92672

0.0004/28/2022 68744OP
04/28/2022010562
04/28/2022OCT 2021 (CD)
04/28/2022CDBG & CDBG-CV CONSULTING 118267MIKE LINARES INC 2,755.0021-22-4

0.00 SAN CLEMENTE
CA 92672

0.0004/28/2022 68744OP
04/28/2022010562
04/28/2022NOV 2021 (CD)
04/28/2022CDBG & CDBG-CV CONSULTING 118268MIKE LINARES INC 3,515.0021-22-5

0.00 SAN CLEMENTE
Item: 8
45 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
20Page:

Taxes Withheld
CA 92672

0.0004/28/2022 68744OP
04/28/2022010562
04/28/2022DEC 2021 (CD)
04/28/2022CDBG & CDBG-CV CONSULTING 118269MIKE LINARES INC 1,045.0021-22-06

0.00 SAN CLEMENTE
CA 92672

0.0004/28/2022 68744OP
04/28/2022010562
04/28/2022JAN 2022 (CD)
04/28/2022CDBG & CDBG-CV CONSULTING 118270MIKE LINARES INC 5,320.0021-22-7

0.00 SAN CLEMENTE
CA 92672

0.0004/28/2022 68744OP
04/28/2022010562
04/28/2022FEB 2022 (CD)
04/28/2022CDBG & CDBG-CV CONSULTING 118271MIKE LINARES INC 3,752.5021-22-08

0.00 SAN CLEMENTE
Total: 68744Check No. 16,387.50
Total for MIKE LINARES INC 16,387.50
CA 92630

0.0004/07/2022 68629OP
04/07/202202026
04/07/2022
04/07/2022UNIFORM STARS TENNISON (PS) 117997MONOGRAM MAGIC 112.4562927

0.00 LAKE FOREST
CA 92630

0.0004/07/2022 68629OP
04/07/202202026
04/07/2022(CD)
04/07/2022CODE ENFORCEMENT UNIFORMS 118001MONOGRAM MAGIC 378.7463030

0.00 LAKE FOREST
Total: 68629Check No. 491.19
CA 92630

0.0004/21/2022 68705OP
04/21/202202026
04/21/2022
04/21/2022UNIFORMS KIRK (PW) 118169MONOGRAM MAGIC
158.3963097

0.00 LAKE FOREST
CA 92630

0.0004/21/2022 68705OP
04/21/202202026
04/21/2022
04/21/2022CODE ENFORCEMENT UNIFORMS (CD) 118182MONOGRAM MAGIC 332.1563096

0.00 LAKE FOREST
CA 92630

0.0004/21/2022 68705OP
04/21/202202026
04/21/2022(CM)
04/21/2022EMBROIDERED STAFF SHIRTS 118184MONOGRAM MAGIC 113.7062936

0.00 LAKE FOREST
CA 92630

0.0004/21/2022 68705OP
04/21/202202026
04/21/2022
04/21/2022EMBROIDERED STAFF SHIRTS (CM) 118185MONOGRAM MAGIC 118.0962937

0.00 LAKE FOREST
Total: 68705Check No. 722.33
Item: 8
46 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
21Page:

Taxes Withheld
CA 92630

0.0004/28/2022 68745OP
04/28/202202026
04/28/2022STEPHENS (PS)
04/28/2022UNIFORMS DEVITT, LITTLE, & 118272MONOGRAM MAGIC

82.9763073

0.00 LAKE FOREST
Total: 68745Check No. 82.97
Total for MONOGRAM MAGIC 1,296.49
CA 92728-0895

0.0004/07/2022 68630OP
04/07/202213064
04/07/2022KITS JAN (PS)
04/07/2022COVID-19 RAPID ANTIGEN TEST 118012MUNICIPAL WATER DISTRICT OF 311.2516940

0.00 ORANGE COUNTY

FOUNTAIN VALLEY
Total: 68630Check No. 311.25
Total for MUNICIPAL WATER DISTRICT OF 311.25
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022VETERANS PARK (PW)
04/07/2022REPLACE DECODER FEB 118026NIEVES LANDSCAPE INC. 1,174.9971734

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022MAR VARIOUS PARKS (PW)
04/07/2022EXPAND THE FOREST PLANTINGS 118027NIEVES LANDSCAPE INC. 1,260.0071749

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022DARRIN PARK (PW)
04/07/2022PLANT MATERIAL INSTALL FEB 118028NIEVES LANDSCAPE INC. 2,528.4071736

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022CHERRY PARK (PW)
04/07/2022PLANT MATERIAL INSTALL FEB 118029NIEVES LANDSCAPE INC. 2,399.4071735

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022PASSIVE PARKS (PW)
04/07/2022MONTHLY MAINTENANCE MAR 118030NIEVES LANDSCAPE INC. 67,963.7671596

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022VARIOUS PARKS (PW)
04/07/2022IRRIGATION REPAIRS FEB/MAR 118031NIEVES LANDSCAPE INC. 1,495.1671731

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022VETERANS PARK (PW)
04/07/2022REPLACE DECODER FEB 118032NIEVES LANDSCAPE INC. 876.7771732

0.00 SANTA ANA
Item: 8
47 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
22Page:

Taxes Withheld
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022RANCHWOOD PARK (PW)
04/07/2022REPLACE MASTER VALVE FEB 118033NIEVES LANDSCAPE INC. 1,081.7771733

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022MAR LAKE FOREST / TOLDEDO (PW)
04/07/2022CALSENSE CONTROLLER & PEDESTAL 118034NIEVES LANDSCAPE INC. 20,384.8071744

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022MPS/ALTON MITIGATION (PW)
04/07/2022MONTHLY MAINTENANCE MAR 118035NIEVES LANDSCAPE INC. 68,637.4971597

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022FRONTAGE RD (PW)
04/07/2022JUTE NETTING INSTALL MAR 118036NIEVES LANDSCAPE INC. 491.0271739

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022TRABUCO RD (PW)
04/07/2022PLANT MATERIAL INSTALL MAR 118037NIEVES LANDSCAPE INC. 31,575.0071740

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022TRABUCO RD (PW)
04/07/2022PLANT MATERIAL INSTALL MAR 118038NIEVES LANDSCAPE INC. 39,530.0071741

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022TRABUCO/BAKE/PASEO SOMBRA (PW)
04/07/2022PLANT MATERIAL INSTALL MAR 118039NIEVES LANDSCAPE INC. 6,250.0071742

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022TRABUCO/EL TORO/CHERRY RD (PW)
04/07/2022PLANT MATERIAL INSTALL MAR 118040NIEVES LANDSCAPE INC. 8,568.0071743

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022LAKE FOREST SLOPE (PW)
04/07/2022IRRIGATION SYSTEM MAR TOLEDO/ 118041NIEVES LANDSCAPE INC. 17,403.0071745

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022JERONIMO/RIDGE ROUTE (PW)
04/07/2022IRRIGATION REPAIRS MAR 118042NIEVES LANDSCAPE INC. 542.5071751

0.00 SANTA ANA
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022FOREST/DIMENSION/CHERRY (PW)
04/07/2022IRRIGATION REPAIRS MAR LAKE 118043NIEVES LANDSCAPE INC. 1,159.0071752

0.00 SANTA ANA
Item: 8
48 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
23Page:

Taxes Withheld
CA 92705

0.0004/07/2022 68631OP
04/07/20221469
04/07/2022SANTA MARGARITA/EL TORO (PW)
04/07/2022INSTALL MULCH MAR PORTOLA / 118057NIEVES LANDSCAPE INC. 750.0071737

0.00 SANTA ANA
Total: 68631Check No. 274,071.06
CA 92705

0.0004/14/2022 68662OP
04/14/20221469
04/14/2022(PW)
04/14/2022TREE INSTALL MAR TRABUCO/BAKE 118098NIEVES LANDSCAPE INC. 450.0071738

0.00 SANTA ANA
CA 92705

0.0004/14/2022 68662OP
04/14/20221469
04/14/2022VARIOUS LOCATIONS (PW)
04/14/2022IRRIGATION REPAIRS FEB/MAR 118099NIEVES LANDSCAPE INC. 1,363.4471750

0.00 SANTA ANA
Total: 68662Check No. 1,813.44
Total for NIEVES LANDSCAPE INC. 275,884.50
CA 91729-3700

0.0004/21/2022 68706OP
04/21/2022011457
04/21/2022TESTING MAR (MS)
04/21/2022PRE-EMPLOYMENT PHYSICALS AND 118177OCCUPATIONAL HEALTH CENTERS 423.0074848104

0.00 OF CALIFORNIA, A MEDICAL CORP

RANCHO CUCAMONGA
Total: 68706Check No. 423.00
CA 91729-3700

0.0004/28/2022 68746OP
04/28/2022011457
04/28/2022AND TESTING APR (MS)
04/28/2022PRE-EMPLOYMENT PHYSICALS 118275OCCUPATIONAL HEALTH CENTERS 121.0074997101

0.00 OF CALIFORNIA, A MEDICAL CORP

RANCHO CUCAMONGA
Total: 68746Check No. 121.00
Total for OCCUPATIONAL HEALTH CENTERS 544.00
AZ 85038

0.0004/21/2022 68707OP
04/21/202215201
04/21/2022
04/21/2022OPERATING SUPPLIES MAR (F) 118134OFFICE DEPOT 914.6321648951

0.00 PHOENIX
Total: 68707Check No. 914.63
Total for OFFICE DEPOT 914.63
Item: 8
49 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
24Page:

Taxes Withheld
CA 92805

0.0004/21/2022 68708OP
04/21/2022010645
04/21/2022DESIGN MAR (PW)
04/21/2022LAKE FOREST DR RESURFACING 118151ONWARD ENGINEERING 5,115.006285

0.00 ANAHEIM
CA 92805

0.0004/21/2022 68708OP
04/21/2022010645
04/21/2022DESIGN MAR (PW)
04/21/2022TRABUCO ROAD RESURFACING 118152ONWARD ENGINEERING 730.006286

0.00 ANAHEIM
Total: 68708Check No. 5,845.00
Total for ONWARD ENGINEERING 5,845.00
CA 92801

0.0004/07/2022 68632OP
04/07/2022011558
04/07/2022MULCH DEC (PW)
04/07/2022ALISO CREEK ARUNDO CLEARING/ 118007ORANGE COUNTY CONSERVATION 1,716.6701152022-9003

0.00 CORPS

ANAHEIM
CA 92801

0.0004/07/2022 68632OP
04/07/2022011558
04/07/2022MULCH OCT (PW)
04/07/2022ALISO CREEK ARUNDO CLEARING / 118008ORANGE COUNTY CONSERVATION 1,716.671152021-9003

0.00 CORPS

ANAHEIM
CA 92801

0.0004/07/2022 68632OP
04/07/2022011558
04/07/2022MULCH SEPT (PW)
04/07/2022ALISO CREEK ARUNDO CLEARING / 118009ORANGE COUNTY CONSERVATION 1,716.6710152021-9003

0.00 CORPS

ANAHEIM
Total: 68632Check No. 5,150.01
Total for ORANGE COUNTY CONSERVATION 5,150.01
CO 80163

0.0004/14/2022 68663OP
04/14/2022011835
04/14/2022DEPOSIT FOR BAND (CS)
04/14/2022SPORTS PARK CONCERT 06/18 118114PNE PRODUCTIONS, LLC 3,250.002112

0.00 LITTLETON
Total: 68663Check No. 3,250.00
Total for PNE PRODUCTIONS, LLC 3,250.00
MI 48180

0.0004/28/2022 68747OP
04/28/20221663
04/28/2022
04/28/2022AP CHECK STOCK APR (F) 118277PRINTING SYSTEMS INC. 194.96223151

0.00 TAYLOR
Total: 68747Check No. 194.96
Total for PRINTING SYSTEMS INC. 194.96
Item: 8
50 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
25Page:

Taxes Withheld
CA 92679

0.0004/14/2022 68664OP
04/14/2022011203
04/14/2022LFSP (PW)
04/14/2022FLOOR MAINTENANCE JAN 118101PRO LINE GYM FLOORS INC. 7,500.002699

0.00 COTO DE CAZA
Total: 68664Check No. 7,500.00
Total for PRO LINE GYM FLOORS INC. 7,500.00
CA 90084

0.0004/07/2022 68633OP
04/07/2022011744
04/07/2022(PS)
04/07/2022UTILITY FOR OCSD LEASE JAN 118000PS BUSINESS PARKS LP

35.483/15/2022 UTIL

0.00 LOS ANGELES
Total: 68633Check No. 35.48
CA 90084

0.0004/14/2022 68665OP
04/14/2022011744
04/14/2022(PS)
04/14/2022UTILITY FOR OCSD LEASE FEB 118100PS BUSINESS PARKS LP

40.783/25/2022 UTIL

0.00 LOS ANGELES
Total: 68665Check No. 40.78
Total for PS BUSINESS PARKS LP 76.26
CA 90242

0.0004/21/2022 68709OP
04/21/2022011621
04/21/2022
04/21/2022ARTERIAL/RES SWEEPING MAR (PW) 118199R.F. DICKSON CO., INC. 32,480.262511289DS

0.00 DOWNEY
Total: 68709Check No. 32,480.26
Total for R.F. DICKSON CO., INC. 32,480.26
CA 92799-5091

0.0004/07/2022 68634OP
04/07/202218240
04/07/2022MAY PTM-108-702MD-1 (CD)
04/07/202222702 MADRID HOA PAYMENT 117994RANCHO VIEJO II HOA 380.0022702 04/01/2022

0.00 SANTA ANA
Total: 68634Check No. 380.00
CA 92799-5091

0.0004/07/2022 68635OP
04/07/202218240
04/07/2022MAY PTM-108-706MD-1 (CD)
04/07/202222706 MADRID HOA PAYMENT 117995RANCHO VIEJO II HOA 380.0022706 04/01/2022

0.00 SANTA ANA
Total: 68635Check No. 380.00
Total for RANCHO VIEJO II HOA 760.00
Item: 8
51 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
26Page:

Taxes Withheld
KY 40285-6158

0.0004/07/2022 68636OP
04/07/20220169
04/07/2022CITY HALL (F)
04/07/2022OPERATING SUPPLIES MAR 117998READY REFRESH BY NESTLE 2,104.4912C0031546419

0.00 LOUISVILLE
Total: 68636Check No. 2,104.49
Total for READY REFRESH BY NESTLE 2,104.49
CA 92110

0.0004/21/2022 68710OP
04/21/202223481
04/21/2022FEB PW 2018-01 (PW)
04/21/2022EL TORO / PORTOLA PKWY DESIGN 118190RICK ENGINEERING COMPANY 2,941.1618291C(29)

0.00 SAN DIEGO
CA 92110

0.0004/21/2022 68710OP
04/21/202223481
04/21/2022PW 2019-02 (PW)
04/21/2022BAKE/ TRABUCO ULTIMATE FEB 118191RICK ENGINEERING COMPANY 552.500086992

0.00 SAN DIEGO
CA 92110

0.0004/21/2022 68710OP
04/21/202223481
04/21/2022FEB (PW)
04/21/2022LFTM RANCHO / LAKE FOREST 118192RICK ENGINEERING COMPANY 1,200.000087011

0.00 SAN DIEGO
CA 92110

0.0004/21/2022 68710OP
04/21/202223481
04/21/2022FEB (PW)
04/21/2022JERONIMO / LAKE FOREST DESIGN 118193RICK ENGINEERING COMPANY 1,688.250087012

0.00 SAN DIEGO
CA 92110

0.0004/21/2022 68710OP
04/21/202223481
04/21/2022FEB (PW)
04/21/2022LOS ALISOS / ROCKFIELD DESIGN 118194RICK ENGINEERING COMPANY 3,891.700087014

0.00 SAN DIEGO
CA 92110

0.0004/21/2022 68710OP
04/21/202223481
04/21/2022BAKE / TOLEDO FEB (PW)
04/21/2022MEADOWS TRAFFIC IMPROVEMENT 118195RICK ENGINEERING COMPANY 4,008.700087013

0.00 SAN DIEGO
Total: 68710Check No. 14,282.31
CA 92110

0.0004/28/2022 68748OP
04/28/202223481
04/28/2022MAR (PW)
04/28/2022LOS ALISOS / ROCKFIELD DESIGN 118278RICK ENGINEERING COMPANY 4,014.550087240

0.00 SAN DIEGO
CA 92110

0.0004/28/2022 68748OP
04/28/202223481
04/28/2022BAKE / TOLEDO MAR (PW)
04/28/2022MEADOWS TRAFFIC IMPROVEMENT 118279RICK ENGINEERING COMPANY 4,014.550087239

0.00 SAN DIEGO
Item: 8
52 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
27Page:

Taxes Withheld
CA 92110

0.0004/28/2022 68748OP
04/28/202223481
04/28/2022MAR (PW)
04/28/2022JERONIMO / LAKE FOREST DESIGN 118280RICK ENGINEERING COMPANY 13,531.000087238

0.00 SAN DIEGO
CA 92110

0.0004/28/2022 68748OP
04/28/202223481
04/28/2022(PW)
04/28/2022LFTM RANCHO / LAKE FOREST MAR 118281RICK ENGINEERING COMPANY 754.000087237

0.00 SAN DIEGO
Total: 68748Check No. 22,314.10
Total for RICK ENGINEERING COMPANY 36,596.41
CA 92675

0.0004/14/2022 68666OP
04/14/20221833
04/14/2022CONSTRUCTION SUPPORT MAR (PW)
04/14/2022NEIGHBORHOOD PARK IMPROVEMENT 118102RJM DESIGN GROUP INC. 542.5034912

0.00 SAN JUAN CAPISTRANO
Total: 68666Check No. 542.50
Total for RJM DESIGN GROUP INC. 542.50
CA 92630

0.0004/21/2022 68711OP
04/21/2022011630
04/21/2022CIVIC CENTER (PW)
04/21/2022DISHWASHER REPAIR MAR 118166ROBSON SOUZA

95.007536

0.00 LAKE FOREST
Total: 68711Check No. 95.00
Total for ROBSON SOUZA 95.00
CA 92614

0.0004/21/2022 68712OP
04/21/20221802
04/21/2022SERVICES MAR (CD)
04/21/2022AFFORDABLE HOUSING CONSULTANT 118137ROSENOW SPEVACEK GROUP INC 510.00I008583

0.00 IRVINE
Total: 68712Check No. 510.00
Total for ROSENOW SPEVACEK GROUP INC 510.00
OH 45263-1186

0.0004/07/2022 68637OP
04/07/2022011713
04/07/2022(PW)
04/07/2022BUS SHELTER MAINTENANCE FEB 118004SHELTERCLEAN SERVICES INC 2,732.20701784

0.00 CINCINNATI
Total: 68637Check No. 2,732.20
Total for SHELTERCLEAN SERVICES INC 2,732.20
Item: 8
53 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
28Page:

Taxes Withheld
CA 91746

0.0004/07/2022 68638OP
04/07/2022010509
04/07/2022(CS)
04/07/2022PORTALET RENTALS 3/22 - 4/18 118016SO CAL INDUSTRIES 109.08556159

0.00 CITY OF INDUSTRY
Total: 68638Check No. 109.08
Total for SO CAL INDUSTRIES 109.08
CA 92630

0.0004/14/2022 68667OP
04/14/2022011369
04/14/2022LFSP (PW)
04/14/2022RESTROOM URINAL REPAIR MAR 118103SOUTH COUNTY PLUMBING INC. 195.0022248

0.00 LAKE FOREST
Total: 68667Check No. 195.00
Total for SOUTH COUNTY PLUMBING INC. 195.00
CA 91772-0002

0.0004/14/2022 68668OP
04/14/20220508
04/14/2022(PW)
04/14/2022STREET LIGHT UTILITIES MAR 118104SOUTHERN CALIFORNIA EDISON

94.973125 04/02/2022

0.00 ROSEMEAD
CA 91772-0002

0.0004/14/2022 68668OP
04/14/20220508
04/14/2022(PW)
04/14/2022STREET LIGHT UTILITIES MAR 118105SOUTHERN CALIFORNIA EDISON

94.971157 04/02/2022

0.00 ROSEMEAD
CA 91772-0002

0.0004/14/2022 68668OP
04/14/20220508
04/14/2022(PW)
04/14/2022STREET LIGHT UTILITIES MAR 118106SOUTHERN CALIFORNIA EDISON

79.209256 04/02/2022

0.00 ROSEMEAD
Total: 68668Check No. 269.14
CA 91772-0002

0.0004/21/2022 68713OP
04/21/20220508
04/21/2022GARAGE MAR (PW)
04/21/2022CIVIC CENTER UTILITIES PARKING 118170SOUTHERN CALIFORNIA EDISON 2,600.348114 04/08/2022

0.00 ROSEMEAD
CA 91772-0002

0.0004/21/2022 68713OP
04/21/20220508
04/21/2022(PW)
04/21/2022CIVIC CENTER UTILITIES MAR 118171SOUTHERN CALIFORNIA EDISON 12,358.588477 04/08/2022

0.00 ROSEMEAD
CA 91772-0002

0.0004/21/2022 68713OP
04/21/20220508
04/21/2022(PW)
04/21/2022PORTOLA PARK UTILITIES MAR 118172SOUTHERN CALIFORNIA EDISON

66.811549 04/05/2022

0.00 ROSEMEAD
Item: 8
54 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
29Page:

Taxes Withheld
CA 91772-0002

0.0004/21/2022 68713OP
04/21/20220508
04/21/2022CIVIC CENTER (PW)
04/21/2022STREET LIGHT UTILITIES MAR 118173SOUTHERN CALIFORNIA EDISON

54.505146 04/05/2022

0.00 ROSEMEAD
CA 91772-0002

0.0004/21/2022 68713OP
04/21/20220508
04/21/2022(PW)
04/21/2022STREET LIGHT UTILITIES MAR 118174SOUTHERN CALIFORNIA EDISON 75,510.243106 04/05/2022

0.00 ROSEMEAD
Total: 68713Check No. 90,590.47
CA 91772-0002

0.0004/28/2022 68749OP
04/28/20220508
04/28/2022MAR (PW)
04/28/2022TRAFFIC SIGNAL UTILITIES 118282SOUTHERN CALIFORNIA EDISON 6,681.255025 04/18/2022

0.00 ROSEMEAD
CA 91772-0002

0.0004/28/2022 68749OP
04/28/20220508
04/28/2022LFSP, BUS SHELTERS (PW)
04/28/2022PARK UTILITIES MAR PARKS, MPS, 118283SOUTHERN CALIFORNIA EDISON 16,860.643611 04/13/2022

0.00 ROSEMEAD
Total: 68749Check No. 23,541.89
Total for SOUTHERN CALIFORNIA EDISON 114,401.50
OH 44096-8012

0.0004/21/2022 68714OP
04/21/2022011603
04/21/2022
04/21/2022PUBLIC NOTICES MAR 1-31 (CC) 118187SOUTHERN CALIFORNIA NEWS GROUP 4,899.400000538736

0.00 WILLOUGHBY
Total: 68714Check No. 4,899.40
Total for SOUTHERN CALIFORNIA NEWS GROUP 4,899.40
CA 92630

0.0004/07/2022 68639OP
04/07/2022011427
04/07/2022THEFT (PW)
04/07/2022SHREDDING SERVICES FEB I.D. 118013SOUTHERN CALIFORNIA SHREDDING 495.00192171

0.00 INC.

LAKE FOREST
Total: 68639Check No. 495.00
CA 92630

0.0004/21/2022 68715OP
04/21/2022011427
04/21/2022I.D. THEFT (PS)
04/21/2022SHREDDING SERVICES MAR 118208SOUTHERN CALIFORNIA SHREDDING 660.00194440

0.00 INC.

LAKE FOREST
Total: 68715Check No. 660.00
Total for SOUTHERN CALIFORNIA SHREDDING 1,155.00
Item: 8
55 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
30Page:

Taxes Withheld
CA 90660-4512

0.0004/21/2022 68716OP
04/21/2022010654
04/21/2022BAKER RANCH PARK (PW)
04/21/2022GRAFFITI REMOVAL MAR 118159SUPERIOR PROPERTY SERVICES INC 487.5017285

0.00 PICO RIVERA
CA 90660-4512

0.0004/21/2022 68716OP
04/21/2022010654
04/21/2022VARIOUS PARKS (PW)
04/21/2022GRAFFITI REMOVAL & STEAM MAR 118160SUPERIOR PROPERTY SERVICES INC 12,025.0017276

0.00 PICO RIVERA
Total: 68716Check No. 12,512.50
Total for SUPERIOR PROPERTY SERVICES INC 12,512.50
CA 94966

0.0004/07/2022 68640OP
04/07/2022011764
04/07/2022FEB (CD)
04/07/2022MIXED USE ZONING CODE UPDATES 118002SWA GROUP INC 1,365.00189476

0.00 SAUSALITO
Total: 68640Check No. 1,365.00
Total for SWA GROUP INC 1,365.00
CA 92705

0.0004/14/2022 68669OP
04/14/2022010986
04/14/2022(PW)
04/14/2022ARTERIAL MEDIAN DESIGN JAN 118107TAIT & ASSOCIATES INC. 3,690.00146294

0.00 ATTN: ACCOUNTS RECEIVABLE

SANTA ANA
Total: 68669Check No. 3,690.00
CA 92705

0.0004/21/2022 68717OP
04/21/2022010986
04/21/2022FEB (PW)
04/21/2022EL TORO ROAD RAISED MEDIANS 118161TAIT & ASSOCIATES INC. 6,579.83147028

0.00 ATTN: ACCOUNTS RECEIVABLE

SANTA ANA
CA 92705

0.0004/21/2022 68717OP
04/21/2022010986
04/21/2022FEB (PW)
04/21/2022ARTERIAL MEDIAN DESIGN 118162TAIT & ASSOCIATES INC. 11,101.18147029

0.00 ATTN: ACCOUNTS RECEIVABLE

SANTA ANA
CA 92705

0.0004/21/2022 68717OP
04/21/2022010986
04/21/2022FEB (PW)
04/21/2022EL TORO ROAD RESURFACING 118163TAIT & ASSOCIATES INC. 19,172.98147031

0.00 ATTN: ACCOUNTS RECEIVABLE

SANTA ANA
CA 92705

0.0004/21/2022 68717OP
04/21/2022010986
04/21/2022FEB (PW)
04/21/2022BAKE PARKWAY RESURFACING 118164TAIT & ASSOCIATES INC. 24,188.46147032

0.00 ATTN: ACCOUNTS RECEIVABLE

SANTA ANA
Item: 8
56 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
31Page:

Taxes Withheld
Total: 68717Check No. 61,042.45
CA 92705

0.0004/28/2022 68750OP
04/28/2022010986
04/28/2022(PW)
04/28/2022BAKE PARKWAY RESURFACING MAR 118286TAIT & ASSOCIATES INC. 51,230.94147910

0.00 ATTN: ACCOUNTS RECEIVABLE

SANTA ANA
CA 92705

0.0004/28/2022 68750OP
04/28/2022010986
04/28/2022(PW)
04/28/2022EL TORO ROAD RESURFACING MAR 118287TAIT & ASSOCIATES INC. 149,240.01147909

0.00 ATTN: ACCOUNTS RECEIVABLE

SANTA ANA
CA 92705

0.0004/28/2022 68750OP
04/28/2022010986
04/28/2022MAR (PW)
04/28/2022BAKE/BAFFIN BAY MEDIAN DESIGN 118288TAIT & ASSOCIATES INC. 4,247.50147908

0.00 ATTN: ACCOUNTS RECEIVABLE

SANTA ANA
CA 92705

0.0004/28/2022 68750OP
04/28/2022010986
04/28/2022(PW)
04/28/2022ARTERIAL MEDIAN DESIGN MAR 118289TAIT & ASSOCIATES INC. 1,537.50147907

0.00 ATTN: ACCOUNTS RECEIVABLE

SANTA ANA
CA 92705

0.0004/28/2022 68750OP
04/28/2022010986
04/28/2022MAR (PW)
04/28/2022EL TORO ROAD RAISED MEDIANS 118290TAIT & ASSOCIATES INC. 28,558.98147906

0.00 ATTN: ACCOUNTS RECEIVABLE

SANTA ANA
Total: 68750Check No. 234,814.93
Total for TAIT & ASSOCIATES INC. 299,547.38
CA 91756

0.0004/21/2022 68718OP
04/21/20221937
04/21/2022
04/21/2022SPORTS PARK UTILITIES MAR (PW) 118200THE GAS COMPANY 661.062943 04/13/2022

0.00 MONTEREY PARK
CA 91756

0.0004/21/2022 68718OP
04/21/20221937
04/21/2022(PW)
04/21/2022CIVIC CENTER UTILITIES MAR 118201THE GAS COMPANY 1,189.579109 04/12/2022

0.00 MONTEREY PARK
Total: 68718Check No. 1,850.63
Total for THE GAS COMPANY 1,850.63
CA 92630

0.0004/07/2022 68641OP
04/07/2022011398
04/07/2022
04/07/2022PRE-EMPLOYMENT FEB (MS) 118055THE UPS STORE 0026

45.00TCLF02220026

0.00 LAKE FOREST
Total: 68641Check No. 45.00
Item: 8
57 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
32Page:

Taxes Withheld
Total for THE UPS STORE 0026 45.00
CA 92691

0.0004/21/2022 68719OP
04/21/20220814
04/21/2022
04/21/2022CONSULTING SERVICES MAR (CD) 118186THERESA DOBBS 1,632.0004/01/2022

0.00 MISSION VIEJO
Total: 68719Check No. 1,632.00
Total for THERESA DOBBS 1,632.00
CA 92679

0.0004/07/2022 68642OP
04/07/2022010570
04/07/2022STORAGE AREA MAR SPORTS PARK
04/07/2022CEILING BULBS & BALLASTS FOR 117778THOMAS J. O'CONNELL 724.27INV-2022-125

0.00 DBA: LAKE FOREST ELECTRIC

TRABUCO CANYON
CA 92679

0.0004/07/2022 68642OP
04/07/2022010570
04/07/2022BASEBALL STORAGE ROOM MAR LFSP
04/07/2022REPAIR LIGHT FIXTURES IN 117779THOMAS J. O'CONNELL 591.18INV-2022-126

0.00 DBA: LAKE FOREST ELECTRIC

TRABUCO CANYON
Total: 68642Check No. 1,315.45
Total for THOMAS J. O'CONNELL 1,315.45
TX 75320-3556

0.0004/21/2022 68720OP
04/21/20220626
04/21/202212/31/22 (F)
04/21/2022TYLER U SERVICE FEE 01/01/22 - 118213TYLER TECHNOLOGIES INC. 990.00025-363509

0.00 DALLAS
TX 75320-3556

0.0004/21/2022 68720OP
04/21/20220626
04/21/2022
04/21/2022COA IMPLEMENTATION (F) 118214TYLER TECHNOLOGIES INC. 260.00025-369088

0.00 DALLAS
TX 75320-3556

0.0004/21/2022 68720OP
04/21/20220626
04/21/2022
04/21/2022PROCESS REVIEW (F) 118215TYLER TECHNOLOGIES INC. 520.00025-369599

0.00 DALLAS
Total: 68720Check No. 1,770.00
Total for TYLER TECHNOLOGIES INC. 1,770.00
MO 63179-0428

0.0004/21/2022 68721OP
04/21/20222128
04/21/2022
04/21/2022CAL-CARD PURCHASES MAR 118196U.S. BANK CORPORATE PAYMENT 1,293.146249 2022-03-25

0.00 SYSTEMS
ST. LOUIS
Item: 8
58 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
33Page:

Taxes Withheld
MO 63179-0428

0.0004/21/2022 68721OP
04/21/20222128
04/21/2022
04/21/2022CAL-CARD PURCHASES MAR 118197U.S. BANK CORPORATE PAYMENT 21,766.944348 2022-03-25

0.00 SYSTEMS
ST. LOUIS
Total: 68721Check No. 23,060.08
Total for U.S. BANK CORPORATE PAYMENT 23,060.08
MN 55170-9690

0.0004/14/2022 68670OP
04/14/20222131
04/14/2022
04/14/2022TRUSTEE FEES 2022-23 (F) 118117U.S. BANK
2,277.006471362

0.00 ST. PAUL
Total: 68670Check No. 2,277.00
Total for U.S. BANK 2,277.00
CA 92877-0102

0.0004/14/2022 68671OP
04/14/2022011138
04/14/2022NOTIFICATIONS MAR (PW)
04/14/2022UNDERGROUND SERVICES ALERT 118113UNDERGROUND SERVICE ALERT OF 168.40320220373

0.00 SOUTHERN CALIFORNIA
CORONA
Total: 68671Check No. 168.40
Total for UNDERGROUND SERVICE ALERT OF 168.40
CA 90670

0.0004/07/2022 68643OP
04/07/2022011620
04/07/2022(PW)
04/07/2022PARK JANITORIAL SERVICES MAR 118020VALLEY MAINTENANCE CORP. 3,862.0028035

0.00 SANTA FE SPRINGS
Total: 68643Check No. 3,862.00
Total for VALLEY MAINTENANCE CORP. 3,862.00
TX 75266-0108

0.0004/21/2022 68722OP
04/21/2022010673
04/21/2022SERVICE APR (CM)
04/21/2022CELLULAR PHONES AND DATA 118212VERIZON WIRELESS 263.169903647977

0.00 DALLAS
Total: 68722Check No. 263.16
Total for VERIZON WIRELESS 263.16
TX 75312-3151

0.0004/14/2022 68672OP
04/14/2022011588
04/14/2022
04/14/2022VOIP SYSTEM APR (CM) 118109VONAGE BUSINESS
8,565.842162399

0.00 DALLAS
Item: 8
59 4:26 pm
04/28/2022

INVOICE APPROVAL LIST REPORT - DETAIL

CITY OF LAKE FOREST
Time:

Date:
34Page:

Taxes Withheld
TX 75312-3151

0.0004/14/2022 68672OP
04/14/2022011588
04/14/2022(CM)
04/14/2022VOIP SYSTEM APR SKATE PARK 118110VONAGE BUSINESS 170.562162401

0.00 DALLAS
TX 75312-3151

0.0004/14/2022 68672OP
04/14/2022011588
04/14/2022(CM)
04/14/2022VOIP SYSTEM APR SPORTS PARK 118111VONAGE BUSINESS 519.162162400

0.00 DALLAS
Total: 68672Check No. 9,255.56
Total for VONAGE BUSINESS 9,255.56
MO 63195-2818

0.0004/14/2022 68673OP
04/14/20222212
04/14/2022CD, CM, CS)
04/14/2022CITY VEHICLE FUEL MAR (PS, PW, 118108VOYAGER FLEET SYSTEMS INC. 2,432.488690611272213

0.00 SAINT LOUIS
Total: 68673Check No. 2,432.48
MO 63195-2818

0.0004/28/2022 68751OP
04/28/20222212
04/28/2022CD, CM, CS)
04/28/2022CITY VEHICLE FUEL APR (PS, PW, 118291VOYAGER FLEET SYSTEMS INC. 3,547.778690611272218

0.00 SAINT LOUIS
Total: 68751Check No. 3,547.77
Total for VOYAGER FLEET SYSTEMS INC. 5,980.25
CA 92883

0.0004/14/2022 68674OP
04/14/2022011790
04/14/2022GLEN RANCH ROAD FEB (PW)
04/14/2022CA/CI STREET RESURFACING 118115Z&K CONSULTANTS, INC. 21,644.002035A

0.00 CORONA
Total: 68674Check No. 21,644.00
Total for Z&K CONSULTANTS, INC. 21,644.00

0.00 0.00
4,032,696.92
4,032,696.92
4,032,696.92
Net Total:

Less Hand Check Total:

Grand Total:

Total Invoices: 232 Less Credit Memos:

Outstanding Invoice Total:

Item: 8
60 LAKE FOREST CITY COUNCIL MINUTES APRIL 19, 2022
Page No. 1

MINUTES OF THE REGULAR MEETING

OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST

The Regular Meeting of the City Council of the City of Lake Forest held Tuesday, April 19, 2022, at the Lake Forest City Council Chamber, 100 Civic Center Drive, Lake Forest, California, was called to order at 5:30 p.m. Mayor Pequeño , Mayor Pro Tem Cirbo and Council Member Tettemer were present.

ROLL CALL:

Councilmembers:

Mayor Pro Tem
Mayor:

City Manager:

City Attorney:

City Clerk:

Neeki Moatazedi (teleconference)
Mark Tettemer
Scott Voigts
Doug Cirbo
Robert Pequeño (teleconference)

Debra Rose
Matthew E. Richardson
Lisa Berglund

CLOSED SESSION: (Item Nos. 1-2)

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1) NUMBER OF CASES: 1 CASE NAME: CHRISTOPHER NILS CONNOLLY V. CITY OF LAKE FOREST, ET AL. OCSC CASE NO.: 30-2022-01246650-CU-BT-CXC ACTON: Closed session was conducted.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(D)(4) NUMBER OF POTENTIAL CASES: 2
ACTION: Closed session was conducted.

RECESS: City Council recessed to Closed Session for the purpose of conducting regular City business.

RECONVENE: City Council reconvened at 6:30 p.m. to continue regular City business.

Mayor Pequeño , Mayor Pro Tem Cirbo and Council Member Tettemer, Voigts and Moatazedi were all present.

CLOSED SESSION COMMENTS:

Public comment on closed session was provided by Andrew O’Connor.

CLOSED SESSION REPORT: The City Council gave direction to staff respond to the lawsuit Connolly vs. the City of Lake Forest, and gave further direction to initiate litigation against two businesses that are operating illegally in the city.

Item: 9
61 LAKE FOREST CITY COUNCIL MINUTES APRIL 19, 2022
Page No. 2

PUBLIC SESSION:

INVOCATION: The Invocation was provided by Mayor Pro Tem Cirbo.

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag of our Country was led by Council Member Voigts.

PRESENTATIONS:

MOTION: It was moved by Council Member Voigts and seconded by Council Member Tettemer to allow the presentations. The motion was approved 5/0.

Public comment was received from Andrew O’Connor.

3. PRESENTATION BY ORANGE COUNTY SHERIFF’S DEPARTMENT ON THE

FENTANYL EPIDEMIC
ACTION: The presentation was received from Sgt. Brian Gunsolley of OCSD.

4. NEW EMPLOYEE INTRODUCTIONS
ACTION: The introduction of new employees were introduced to the City Council.

PUBLIC COMMENTS:

Comments were received from Anne-Marie Blaney, Walter Nobrega, Andrew O’Connor and Victor Scherr.

CONSENT CALENDAR: (Item Nos. 5 - 16)
MOTION: It was moved by Council Member Voigts and seconded by Council Member Tettemer to approve Consent Calendar Item No. 5-12 and 16. The motion was carried by a vote of 5/0 with Council Member Voigts abstaining from Item No. 6.

Item Nos. 13-15 were pulled from the consent calendar to allow for public comment.

Comments were received from Andrew O’Connor.

MOTION: It was moved by Council Member Tettemer and seconded by Council Member Voigts to approve Consent Calendar Item Nos. 13-15.

5. MOTION TO WAIVE RESOLUTIONS AND ORDINANCES
ACTION: Said Ordinances and Resolutions which appear on the public agenda were determined to have been read by title and further reading waived.

Item: 9
62 LAKE FOREST CITY COUNCIL MINUTES APRIL 19, 2022
Page No. 3

6. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 1, 2022

ACTION: Minutes were approve as submitted.

7. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD ON MARCH 15, 2022

ACTION: Minutes were approve as submitted.

8. MINUTES OF REGULAR MEETING OF THE CITY COUNCIL HELD ON APRIL 5, 2022

ACTION: Minutes were approve as submitted.

9. MONTHLY TREASURER’S REPORT – MARCH 2022

ACTION: The City Council received and filed the Treasurer’s Report.

10. REJECT ALL BIDS AND AUTHORIZE RE-BIDDING FOR NEIGHBORHOOD PARK RENOVATIONS: BORREGO OVERLOOK PARK, REGENCY PARK,
AND RANCHO SERRANO PARK (PW2017-17E).

ACTION: 1. All bids received for the Neighborhood Park Renovations: Borrego Overlook Park, Regency Park, and Rancho Serrano Park (PW2017-17E) were rejected.

2. Staff was authorized to solicit new bids for this project.

11. FOURTH AMENDMENT TO THE AGREEMENT WITH ECONOMICS, INC. FOR

SOLID WASTE AND RECYCLING CONSULTING SERVICES

ACTION: 1. The City Council approved the Fourth Amendment to the Agreement with EcoNomics, Inc. for solid waste and recycling consulting services.

2. The Mayor was authorized to sign, and the City Clerk to attest, the Fourth Amendment, substantially in the form that was attached.

12. CONTRACT AWARD FOR DESIGN FOR THE ADA ACCESS RAMP
IMPROVEMENT PROJECT, PHASSES 13 THROUGH 17

ACTION: 1. An Agreement was awarded for Design Services in the amount of $318,155.00 to Onward Engineering, for professional engineering design services for the ADA Access Ramp improvement project, Phases 13 through 17.

Item: 9
63 LAKE FOREST CITY COUNCIL MINUTES APRIL 19, 2022
Page No. 4

2. The Mayor was authorized to sign, and the City Clerk to attest the Agreement with Onward Engineering, substantially in the form that was attached.

13. AWARD CONSTRUCTION CONTRACT ARBOR ACCESS RAMP (PW 2019-17)

ACTION: 1. The proposed Arbor Access Ramp Project was found not to be subject to the requirements of the California Environmental Quality Act (“CEQA”) for the following reason: The proposed project is exempt from CEQA under the commonsense exemption, which provides that an activity is not subject to CEQA where, as here, it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment (State CEQA Guidelines, §15061, subd. (b)(3)).

2. A contract document for Arbor Mini Access Ramp Project (PW 2019-17) was approved.

3.A contract was awarded in the amount of $234,833.00 to Elegant Construction, Inc.

4. The Mayor was authorized to sign, and the City Clerk to attest the contract with Elegant Construction, Inc.

14. FIFTH AMENDMENT TO THE AGREEMENT WITH NIEVES LANDSCAPE, INC., FOR MEDIANS, PARKWAYS AND SLPES LANDSCAPE MAINTENANCE

SERVICES

ACTION: 1. Approve the Fifth Amendment to the Agreement for Medians, Parkways and Slopes Landscape Maintenance Services with Nieves Landscape, Inc.

2. The Mayor was authorized to sign, and the City Clerk to attest, the Fifth Amendment substantially in the form attached.

15. NINTH AMENDMENT TO THE AGREEMENT WITH NIEVES LANSCAPE INC.

FOR PASSIVE PARK MAINTENANCE SERVICES

ACTION: 1. The Ninth Amendment to the Agreement for Passive Park Landscape Maintenance Services with Nieves Landscape, Inc. was approved

2. The Mayor was authorized to sign, and the City Clerk to attest, the Ninth Amendment substantially in the form attached.

16. AWARD CONSTRUCTION CONTRACT FOR NEIGHNORHOOD PARK
RENOVATIONS: VINTAGE PARK AND SUNDOWNER PARK (PW2017-17D)

Item: 9
64 LAKE FOREST CITY COUNCIL MINUTES APRIL 19, 2022
Page No. 5

ACTION: 1. Contract documents for construction of Neighborhood Park Renovations: Vintage Park and Sundowner Park were approved.

2. A contract in the amount of $944,047.18 to Diamond Construction & Design was awarded.

3. All other bids received were rejected and return of the bid bonds were authorized upon receipt of the executed contract document from Diamond Construction & Design

4. The Mayor was authorized to sign, and the City Clerk to attest the contract with Diamon Construction & Design.

DISCUSSION/ACTION ITEMS: (17 - 19)

17. FISCAL YEAR 2021-22 MID-YEAR BUDGET REVIEW

Public comment was received by Andrew O’Connor.

City Manager Rose introduced this item. Finance Director Shirah summarized the mid-year budget review with a power point presentation. City Council questions were asked and answered.

MOTION: It was moved by Council Member Tettemer and seconded by Council Member Voigts to approve staff recommendation and adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, AMENDING THE BUDGET FOR 2021-23; AMENDING THE 2021 – 2028 CAPITAL IMPROVEMENT PLAN; AMENDING APPROPRIATIONS FOR FISCAL YEAR 2021-22”. The motion passed 5/0.

18. AD-HOC COMMITTEE FOR SOLID WASTE FRANCHISE AGREEMENT

PROCUREMENT

MOTION: It was moved by Mayor Pequeño and seconded by Council Member Tettemer to appoint Mayor Pequeño and Mayor Pro Tem Cirbo to the ad-hoc committee for solid waste. The motion passed 5/0.

19. STRATEGIC PLAN QUARTERLY UPDATE

City Manager Rose introduced this item. Assistant to the City Manager McGovern summarized the strategic plan quarterly update with a power point presentation. City Council questions were asked and answered.

MOTION: It was moved by Mayor Pequeño and seconded by Council Member Tettemer to receive and file the report. The motion passed 5/0.

Item: 9
65 LAKE FOREST CITY COUNCIL MINUTES APRIL 19, 2022
Page No. 6

CITY MANAGERS REPORT:

City Manager Rose had no further comments.

CITY COUNCIL COMMENTS:

Council Member Moatazedi:

Council Member Moatazedi comment was not audible.

Council Member Tettemer:

Council Member Tettemer had no further comments.

Council Member Voigts:

Council Member Voigts announced that he attended
Pure Ride Cycles and the City’s Bunny Blast event last
weekend.

Mayor Pro Tem Cirbo:

Mayor Pro Tem thanked staff for all of their hard work.

Mayor: Pequeño

Mayor Pequeño thanked staff for all of their hard
work. He thanked Mayor Pro Tem Cirbo for chairing
the meeting this evening and reminded the public
about the Dump Day event scheduled for Saturday,
April 30, 2022.

ADJOURNMENT: The regular meeting of the City Council was adjourned at 8:17 p.m.

Respectfully submitted: APPROVED:

__
LISA BERGLUND, MPA ROBERT PEQUEÑO

CITY CLERK MAYOR

Item: 9
66 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/3/2022
DEPARTMENT: City Clerk
SUBJECT:

PROCLAMATION DESIGNATING THE WEEK OF MAY 1, 2022, AS

MUNICIPAL CLERKS WEEK
RECOMMENDED ACTION(S):

Approve the Proclamation Designating May 1-7, 2022, as Municipal Clerks Week EXECUTIVE SUMMARY:

The Office of the Municipal Clerk is a time honored and vital part of local government that exists throughout the world and is the oldest among public servants. The Clerk’s Office provides the professional link between citizens, local governing bodies, and a host of agencies of government at varying levels. The Municipal Clerk administers elections, giving residents a voice in their democracy. The Clerk serves as the legislative historian, making sure that the history of the City and its actions are preserved. Finally, the Clerk protects the assets of the City by serving as a compliance officer for federal, state and local laws. The Municipal Clerk is the bridge between the government and the governed.

The International Institute of Municipal Clerks (“IIMC”) is a worldwide professional association providing continuing education and certification of Municipal Clerks.

IIMC established Municipal Clerks Week in 1969 to recognize the vital role of the Municipal Clerks who maintain a commitment to the principles of fair and transparent government. In 1984 and 1994, Presidents Ronald Reagan and Bill Clinton respectively signed a Proclamation officially declaring Municipal Clerks Week the first full week of May to recognize the essential role Municipal Clerks serve in local government. Staff recommends the City Council approve the attached Proclamation designating Sunday, May 1 – Saturday, May 7 as Municipal Clerks Week.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

Item: 10
67 1
9 4
2 ATTACHMENTS:

Proclamation – Municipal Clerks Week 2022
Initiated By: Vanessa Hall, Administrative Specialist
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
Item: 10
68 5
0 4
4 9
Attachment
Item: 10
69 5
0 4
4 9

PROCLAMATION

THE LAKE FOREST CITY COUNCIL

HEREBY PROCLAIMS
May 1 - 7, 2022
AS
“Municipal Clerks Week”
ROBERT PEQUEÑO
MAYOR

DOUG CIRBO SCOTT VOIGTS

MAYOR PRO TEM COUNCIL MEMBER

MARK TETTEMER NEEKI MOATAZEDI

COUNCIL MEMBER COUNCIL MEMBER
Item: 10
70 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/3/2022
DEPARTMENT: Public Works
SUBJECT:

PROCLAMATION DESIGNATING MAY 15-21, 2022, AS "NATIONAL PUBLIC WORKS WEEK"
RECOMMENDED ACTION(S):

Approve a Proclamation designating May 15-21, 2022, as National Public Works Week in the City of Lake Forest
EXECUTIVE SUMMARY:

This year, the American Public Works Association (“APWA”) has designated May 15–21, 2022 as National Public Works Week. This continues APWA’s goal of educating public works professionals and the public alike of the importance and value public works brings to our infrastructure, mobility, and security in our everyday living. The theme for 2022, “Ready & Resilient,” defines public works professionals as READY to serve their community and RESILIENT in overcoming challenges presented in their day-to-day duties. It is the public works professionals that contribute to making our communities safe and a great place to live and work.

Staff recommends the City Council approve a proclamation designating May 15 – 21, 2022, as “National Public Works Week” in the City of Lake Forest.

FISCAL IMPACT:

There is no fiscal impact associated with the recommended action.

ATTACHMENTS:

Proclamation "National Public Works Week" May 15-21, 2022 Initiated By: Carole Langford, Administrative Specialist Submitted By: Thomas E. Wheeler, P.E., Director of Public Works/City Engineer Approved By: Debra Rose, City Manager
Item: 11
71 Attachment
Item: 11
72 PROCLAMATION

THE LAKE FOREST CITY COUNCIL

HEREBY PROCLAIMS
May 15 through May 21, 2022
AS
“NATIONAL PUBLIC WORKS
WEEK”
May 3, 2022
_______________________________
ROBERT PEQUEŇO
MAYOR
___________________________

DOUG CIRBO

MAYOR PRO TEM
____________________________

SCOTT VOIGTS

COUNCIL MEMBER
___________________________

MARK TETTEMER

COUNCIL MEMBER
____________________________

NEEKI MOATAZEDI

COUNCIL MEMBER
Item: 11
73 CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/3/2022
DEPARTMENT: Community Development
SUBJECT:

UPDATED 2022 IMPLEMENTATION GUIDELINES FOR THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
RECOMMENDED ACTION(S):

Adopt a Resolution Entitled: A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LAKE FOREST, CALIFORNIA AMENDING AND ADOPTING LOCAL

GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE 21000 ET SEQ.)
EXECUTIVE SUMMARY:

The State regularly adopts new California Environmental Quality Act (“CEQA”) Implementation Guidelines (“Guidelines”). These updates are based on changes to recent legislation and case law. Under State law, local agencies are required to adopt guidelines for implementing CEQA (“Local CEQA Guidelines”). These Local CEQA Guidelines are required to be updated to maintain consistency with the State’s CEQA Guidelines. In response to the State’s recent updates, the City Attorney’s office has prepared the 2022 Local CEQA Guidelines. These changes include:

1. Requiring the posting of CEQA documents and related notices on the City’s website;

2. Enabling electronic filing of Notices of Exemption with the County Clerk;

3. Adding recovery of California fish and wildlife, including projects for habitat restoration, as CEQA exempt projects;

4. Making projects that consist of linear broadband deployment in a right- of-way CEQA exempt;

5. Making needle and syringe exchange services application submissions, authorization, and operations exempt from CEQA, subject to certain requirements;

6. Requiring Negative Declarations and Mitigated Negative Declarations be electronically submitted to the State Clearinghouse via the Office of Planning and Research’s (“OPR”) “CEQA Submit” website;
Item: 12
74 1
9 3
4 7. Requiring environmental impact reports (EIRs), Notices of Preparation, Notices of Completion, and Notices of Determination related to the EIR be electronically submitted to the State Clearinghouse via the OPR “CEQA Submit” website;

8. Requiring a Governor certified project as an Environmental Leadership Development Project which is challenged by a lawsuit, including any appeals, to be resolved, to the extent feasible within 270 days;

9. Clarifying a streamlined ministerial approval process for certain affordable housing projects satisfying various conditions;

10. Requiring ministerial (i.e., approval not subject to CEQA) approval process for specified urban lot splits and housing developments;

11. Enabling local governments to adopt an ordinance to zone a parcel for up to 10 residential units and that such action (if certain conditions are met) does not qualify as a “project” subject to CEQA;

12. Increasing filing fees for the Department of Fish and Wildlife, Negative Declarations, EIRs, and Certified Regulatory Program environmental documents.

These changes to the 2022 CEQA Guidelines: 1) expand the scope of CEQA documents that must be submitted to the Office of Planning and Research’s OPR State Clearinghouse; 2) require lead agencies to submit such documents to OPR electronically; and (3) require a lead agency to post various environmental documents and notices on its website if the lead agency has a website. In addition, the Legislature passed multiple bills to exempt certain categories of activity from CEQA. To remain in compliance with State Guidelines, staff recommends the City Council adopt and amend the 2022 CEQA Guidelines as noted via the resolution attached to this report (Attachment 1). A complete record of proposed changes to local CEQA guidelines is also attached (Attachment 2).

BACKGROUND:

CEQA sets forth policies and procedures for determining, analyzing, and mitigating potential environmental impacts associated with discretionary projects.

Discretionary projects are those that require a decision-maker to exercise judgment or deliberation as opposed to ministerial projects which only require the decision-maker to verify compliance with specific regulations. The State Resources Agency prepares and updates CEQA Guidelines which serve as the official interpretation to explain and implement CEQA. State law requires that the CEQA Guidelines be certified, adopted, and amended by the State Resources Agency at least once every two years. However, the State Resources Agency commonly updates the Guidelines annually to keep pace with recent legislation and case law. In addition, the California Code of Regulations (“CCR”) Section 15022 requires local agencies to adopt Local CEQA Guidelines and procedures Item: 12
75 1
9 3
4 that serve to implement CEQA Guidelines and function as a local stand-alone guide to the CEQA process. Therefore, the City’s Local CEQA Guidelines must be consistent and within the parameters of the State CEQA Guidelines which, in turn, must be consistent with CEQA itself. This relationship between CEQA, the State CEQA Guidelines, and the Local CEQA Guidelines is illustrated by the diagram below.

California
Environmental Quality
Act
(CEQA)
CEQA Guidelines
Prepared by the
California Resources
Agency
Local Implementation
Guidelines for CEQA
Prepared by the City
In 1991, the City of Lake Forest adopted Resolution No. 91-28 setting forth the City’s Local Guidelines for Implementing the California Environmental Quality Act. The City has regularly adopted Local CEQA Guidelines over the years. The last update occurred in June 2021.

DISCUSSION:

The Local CEQA Guidelines are updated by the City Attorney and are intended as an internal guidance document for staff to use in the review of projects and in the preparation of environmental documents subject to CEQA. The proposed 2022 Local Guidelines for Implementing the California Environmental Quality Act (Attachment 2) are consistent with revisions to CEQA and the CEQA Guidelines made by the State in response to changes in legislation and case law (interpretations of the law through the legal system). Also recommended with this update are a slight increase in Department of Fish and Wildlife filing fees as indicated below under “Notable Revisions,” item 12. The proposed 2022 Local CEQA Guidelines are included as Attachment 2 in redlined format to illustrate the changes compared to the adopted 2021 Local CEQA Guidelines.

Item: 12
76 1
9 3
4 The proposed update to the Local CEQA Guidelines reflects changes to the State CEQA Guidelines. The most notable changes are summarized below.

Notable Revisions:

The following summarizes notable changes to the Local CEQA Guidelines:

1.Sections 1.h, 1.i, 3.e, 6.d, 6.i, 6.j, 7.y, 7.nn: Posting CEQA Documents And Related Notices On Lead Agency’s Website
These sections have been amended to require a Lead Agency to post Draft Environmental Impact Report (“EIR”), Final EIR, Negative Declaration, or Mitigated Negative Declaration (“MND”) prepared for a project on the Lead Agency’s website. In addition, it requires the Lead Agency to post various CEQA notices on its website. This requirement extends to any Notice of Exemption, Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration, Notice of Preparation, Notice of Availability, and Notice of Determination.

2.Section 3.e Notices of Exemption
This section has been revised to provide that a Notice of Exemption can now be filed electronically with the County Clerk. It also provides for the project applicant to file a Notice of Exemption with the County Clerk providing the project applicant attaches a Certificate of Determination from the City to the Notice of Exemption.

3.Section 3.t Exemption Re: Conservation and Restoration of California Native Fish And Wildlife
This section has created a CEQA exemption for projects that have as their exclusive purpose the recovery of California fish and wildlife (including projects for habitat restoration), if certain conditions are met.

4.Section 3.u Exemption Re: Linear Broadband Deployment in a Right-of- Way
This section has created a CEQA exemption for projects that consist of linear broadband deployment in a right-of-way if certain conditions are met.

To qualify for the exemption, the project must be located in an area identified by the Public Utilities Commission as a component of the statewide open-access middle-mile broadband network; must be constructed along, or within 30-feet of the right-of-way of any public road or highway; and must be either deployed underground where the surface area is restored to a condition existing before the project or placed aerially Item: 12
77 1
9 3
4 along an existing utility pole right-of-way. Additionally, the project is required to include conditions of approval to address potential environmental impacts, including, but not limited to, requiring monitors during construction activities or measures to address impacts to biological or cultural resources.

5.Section 3.v Exemption Re: Needle and Syringe Exchange Services This section exempts from CEQA cities and counties applying to the State Department of Public Health for authorization to provide needle and syringe exchange services consistent with state standards in any location where the State Department of Public Health determines that the conditions exist for the rapid spread of human immunodeficiency virus (HIV), viral hepatitis, or any other potentially deadly or disabling infections that are spread through the sharing of used hypodermic needles and syringes.

6.Section 6.j Submission of Negative Declarations and Related Notices to State Clearinghouse
This section has been revised to require all Negative Declarations and Mitigated Negative Declarations be submitted electronically to the State Clearinghouse via the Office of Planning and Research’s “CEQA Submit” website. When submitting the Negative Declaration or MND to the State Clearinghouse, the Lead Agency must also submit a Notice of Completion via the “CEQA Submit” website.

7.Sections 7.e, 7.y, 7.aa, 7.bb, 7.nn Submission of EIRs and Related Notices to State Clearinghouse
These sections have been revised to require all Environmental Impact Reports (EIRs) be submitted electronically to the State Clearinghouse via the Office of Planning and Research’s “CEQA Submit” website. In addition, a Lead Agency must submit any Notice of Preparation, Notice of Completion, and Notice of Determination related to the EIR to the Office of Planning and Research via the “CEQA Submit” website.

8.Section 7.a Streamlined CEQA Litigation for Environmental Leadership Development Projects
This section has been updated to indicate that if the Governor certifies a project as an Environmental Leadership Development Project, any lawsuit challenging the project—including any appeals to the Court of Appeal or the California Supreme Court—must be resolved, to the extent feasible, Item: 12
78 1
9 3
4 within 270 days of the filing of the certified record of proceedings with the trial court.

9.Section 10.a Streamlined Ministerial Approval Process for Affordable Housing Projects.

This section clarifies that under existing law, a development approved under the streamlined ministerial process can generally be valid indefinitely so long as it meets certain requirements. Among other things, it clarifies that to be valid indefinitely, the project must include public investment in housing affordability, beyond tax credits, and have at least 50% of the units affordable to households making at or below 80 percent of the area median income.

10.Section 10.b Ministerial Approval Process for Specified Urban Lot Splits and Housing Developments
This section provides for the ministerial approval (i.e., approval not subject to CEQA) of (1) proposed housing developments containing no more than two residential units within a single-family residential zone; and (2) urban lot splits.

11.Section 10.c Exemption Re: Approval of Ordinance to Zone any Parcel for up to 10 Units of Residential Density per Parcel
This section has been added to provide that a local government may adopt an ordinance to zone a parcel for up to 10 residential units, and that such action (if certain conditions are met) does not qualify as a “project” subject to CEQA.

12.OTHER CHANGES: Fee Increases
The Department of Fish and Wildlife increased its fees effective January 1, 2022, as follows:

Filing fees for Negative Declarations or Mitigated Negative Declarations were increased from $2,480.25 to $2,548.00.

Filing fees for an Environmental Impact Report (EIR) were increased from $3,445.25 to $3,539.25.

For an environmental document pursuant to a Certified Regulatory Program, the filing fee has been increased from $1,171.25 to $1,203.25.

Item: 12
79 1
9 3
4 Summary:

Staff recommends approval of the resolution adopting the 2022 Local CEQA Guidelines to reflect recent amendments to CEQA, as codified in the Public Resources Code (Attachment 1).

FISCAL IMPACT:

There is minimal fiscal impact associated with the recommended action.

ATTACHMENTS:

1. Resolution Approving CEQA Guidelines Updates

2. Draft 2022 Local CEQA Guidelines (Redlined Version)
Initiated By: Marie Luna, Senior Planner
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
Item: 12
80 5
0 4
7 4
Attachment 1
Item: 12
81 5
0 4
7 4
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKE FOREST, CALIFORNIA AMENDING AND

ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(PUBLIC RESOURCES CODE §§ 21000 ET SEQ.)
WHEREAS, the California Legislature has amended the California Environmental Quality Act (“CEQA”) (Pub. Resources Code §§ 21000 et seq.), the State Resources Agency has amended the State CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.), and the California courts have interpreted specific provisions of CEQA; and WHEREAS, Public Resources Code section 21082 requires all public agencies to adopt objectives, criteria and procedures for (1) the evaluation of public and private projects undertaken or approved by such public agencies, and (2) the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and
WHEREAS, the City of Lake Forest (“City”) must revise its local guidelines for implementing CEQA to make them consistent with the current provisions and interpretations of CEQA and the State CEQA Guidelines.

NOW, THEREFORE, the City Council of the City of Lake Forest hereby resolves as follows:

1. The City adopts the “2022 Local Guidelines for Implementing the California Environmental Quality Act,” a copy of which is on file at the offices of the City and is available for inspection by the public.

2. All prior actions of the City enacting earlier guidelines are hereby repealed.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Lake Forest, California on May 3, 2022 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
Robert Pequeno, Mayor
ATTEST:

Item: 12
82 5
0 4
7 4
__________________________________________
Lisa Berglund, MPA
City Clerk
APPROVED AS TO FORM:
__________________________________
Matthew Richardson, Best Best & Krieger LLP
City Attorney for the City of Lake Forest, California
Item: 12
83 Attachment 2
Item: 12
84 Indian Wells | Irvine | Los Angeles | Manhattan Beach |Ontario | Riverside | Sacramento | San Diego | Walnut Creek |Washington DC CEQA Guidelines
2022
Prepared For:

City of Lake Forest
Local Guidelines for Implementing the California
Environmental Quality Act
© 2022 Best Best & Krieger LLP
www.BBKlaw.com
Item: 12
85 ATTACHMENT “A”

CITY OF LAKE FOREST

LOCAL GUIDELINES

FOR IMPLEMENTING THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
20212022
Item: 12
86 TABLE OF CONTENTS
Page
-i-
1) GENERAL PROVISIONS, PURPOSE AND POLICY ................................................. 1-1 a) Authority and Relationship to State CEQA Guidelines ...................................... 1-1 b) Purpose ................................................................................................................ 1-1 c) Applicability ....................................................................................................... 1-2 d) Delegation of responsibility to Development Services Director ........................ 1-2 e) Reducing Delay and Paperwork .......................................................................... 1-3 f) Terminology ........................................................................................................ 1-4 g) Partial Invalidity.................................................................................................. 1-4 h) Requests for Notices ........................................................................................... 1-4 i) The City May Charge Reasonable Fees For Reproducing Environmental Documents .......................................................................................................... 1-5 j) State Agency Furloughs ...................................................................................... 1-5 2) LEAD AND RESPONSIBLE AGENCIES .................................................................... 2-1 a) Lead Agency Principle ........................................................................................ 2-1 b) Selection of Lead Agency ................................................................................... 2-1 c) Duties of a Lead Agency..................................................................................... 2-2 d) CEQA Determinations Made by Non-Elected Body; Procedure to Appeal Such Determinations ........................................................................................... 2-3 de) Projects Relating to Development of Hazardous Waste and Other Sites ........... 2-3 ef) Responsible Agency Principle ............................................................................ 2-4 fg) Duties of a Responsible Agency ......................................................................... 2-4 gh) Response to Notice of Preparation by Responsible Agencies ............................ 2-4 hi) Use of Final EIR or Negative Declaration by Responsible Agencies ................ 2-5 ij) Shift in Lead Agency Responsibilities ................................................................ 2-5 jk) Preliminary Review for Completeness ............................................................... 2-6 3) ACTIVITIES EXEMPT FROM CEQA ......................................................................... 3-1 a) Actions Subject to CEQA ................................................................................... 3-1 b) Actions Not Subject to CEQA ............................................................................ 3-1 c) Ministerial Actions.............................................................................................. 3-2 d) Exemptions in General ........................................................................................ 3-2 e) Preliminary Exemption Assessment ................................................................... 3-3 Item: 12
87 TABLE OF CONTENTS
(continued)
Page
-ii-
fe) Notice of Exemption ........................................................................................... 3-3 gf) Disapproved Projects .......................................................................................... 3-4 hg) Projects with No Possibility of Significant Effect .............................................. 3-4 ih) Emergency Projects ............................................................................................ 3-4 ji) Feasibility and Planning Studies ......................................................................... 3-5 kj) Rates, Tolls, Fares , and Charges ......................................................................... 3-5 lk) Specific Statutory Exemptions ....................................................................... 3-53-6 ml) Ballot Measures .................................................................................................. 3-6 nm) Transit Priority Project ........................................................................................ 3-6 on) Certain Infill Projects .......................................................................................... 3-7 po) Exemption for Infill Projects in Transit Priority Areas ...................................... 3-9 qp) Transfer of Land for the Preservation of Natural Conditions ............................. 3-9 rq) Transit Prioritization Projects. .......................................................................... 3-10 sr) Restriping Streets and Highways for Bicycle Lanes. ........................................ 3-11 ts) Small Disadvantaged Community Water System and State Small Water System. ....................................................................................................... 3-113-12 t) Conservation and Restoration of California Native Fish and Wildlife. ............ 3-12 u) Linear Broadband Deployment in a Right-Of-Way. ......................................... 3-13 v) Needle and Syringe Exchange Services. ........................................................... 3-15 uw) Other Specific Exemptions ........................................................................ 3-123-15 vx) Categorical Exemptions ............................................................................. 3-123-15 wy) Pipelines within a Public Right-of-Way and Less Than One Mile in Length. ....................................................................................................... 3-133-16 z) Pipelines Less Than Eight Miles in Length. ..................................................... 3-16 vaa) Certain Residential Housing Projects ........................................................ 3-163-18 wbb) Minor Alterations to Fluoridate Water Utilities......................................... 3-243-26 4) TIME LIMITATIONS .................................................................................................... 4-1 a) Time Limits for Review of Private Project Applications ................................... 4-1 b) Fees ..................................................................................................................... 4-1 c) Completion and Adoption of Negative Declaration or Completion and Certification of EIR............................................................................................. 4-1 d) Projects Subject to the Permit Streamlining Act................................................. 4-2 Item: 12
88 TABLE OF CONTENTS
(continued)
Page
-iii-
e) Projects, Other Than Those Subject to the Permit Streamlining Act, with Short Time Periods for Approval ........................................................................ 4-2 f) Suspension of Time Periods................................................................................ 4-3 5) INITIAL STUDY............................................................................................................ 5-1 a) Preparation of Initial Study ................................................................................. 5-1 b) Deposit for Initial Study...................................................................................... 5-1 c) Use of the Initial Study ....................................................................................... 5-2 d) Contents of Initial Study ..................................................................................... 5-3 e) Submission of Data ............................................................................................. 5-3 f) Format; Use of a Checklist Initial Study............................................................. 5-4 g) Consultation ........................................................................................................ 5-4 h) Evaluating Significant Environmental Effects .................................................... 5-5 i) Determining the Significance of Transportation Impacts. .................................. 5-6 j) Mandatory Findings of Significant Effect .......................................................... 5-7 k) Development Pursuant To An Existing Community Plan And EIR ................... 5-8 l) Land Use Policies ............................................................................................... 5-9 m) Evaluating Impacts on Historical Resources ...................................................... 5-9 n) Evaluating Impacts on Archaeological Sites .................................................... 5-10 o) Consultation with Water Agencies Regarding Large Development Projects ... 5-11 p) Subdivisions with More Than 500 Dwelling Units .......................................... 5-13 q) Climate Change And Greenhouse Gas Emissions ............................................ 5-13 r) Energy Conservation ......................................................................................... 5-17 s) Environmental Impact Assessment ................................................................... 5-18 t) Final Determination .......................................................................................... 5-18 6) NEGATIVE DECLARATION ....................................................................................... 6-1 a) Decision to Prepare a Negative Declaration ....................................................... 6-1 b) Decision to Prepare a Mitigated Negative Declaration....................................... 6-1 c) Contracting for Preparation of Negative Declaration or Mitigated Negative Declaration .......................................................................................................... 6-1 d) Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration .......................................................................................................... 6-2 e) Shortened Review Period .................................................................................... 6-4 Item: 12
89 TABLE OF CONTENTS
(continued)
Page
-iv-
f) Consultation with California Native American Tribes. ...................................... 6-4 g) Identification of Tribal Cultural Resources and Processing of Information after Consultation with the California native American tribe. ............................ 6-6 h) Significant Adverse Impacts to Tribal Cultural Resources. ................................ 6-7 i) Posting and Publication of Negative Declaration or Mitigated Negative Declaration. ......................................................................................................... 6-8 j) Submission of Negative Declaration or Mitigated Negative Declaration to State Clearinghouse. ........................................................................................... 6-9 k) Consultation with Water Agencies Regarding Large Development Projects. ............................................................................................................. 6-11 l) Content of Negative Declaration. ..................................................................... 6-11 m) Types of Mitigation.................................................................................... 6-116-12 n) Consideration of Comments; Adoption of Negative Declarations ................... 6-12 o) Recirculation of a Negative Declaration or Mitigated Negative Declaration. ....................................................................................................... 6-13 p) Mitigation Reporting or Monitoring Program for Mitigated Negative Declaration. ....................................................................................................... 6-14 q) Notice of Determination on a Project for Which a Proposed Negative or Mitigated Negative Declaration Has Been Approved ...................................... 6-16 r) Approval of Project; Appeal of Adoption or rejection of Negative Declaration ........................................................................................................ 6-17 s) Filing Fees for Projects Which Affect Wildlife Resources ....................... 6-176-18 7) ENVIRONMENTAL IMPACT REPORT ..................................................................... 7-1 a) Decision to Prepare an EIR ................................................................................. 7-1 b) Preparation of a DEIR .................................................................................... 7-17-3 c) Deposit for Private Projects .......................................................................... 7-27-4 d) Cooperation of Project Applicant .................................................................. 7-27-4 e) Notice of Preparation of DEIR ...................................................................... 7-37-4 f) Special Notice Requirements for Affected Military Agencies ...................... 7-47-6 g) Preparation of DEIR ...................................................................................... 7-57-6 h) Consultation with California Native American Tribes. ................................. 7-57-6 i) Identification of Tribal Cultural Resources and Processing of Information after Consultation with the California native American tribe ........................ 7-67-8 j) Significant Adverse Impacts to Tribal Cultural Resources ............................ 7-77-9 Item: 12
90 TABLE OF CONTENTS
(continued)
Page
-v-
k) Consultation with Other Agencies and Persons ........................................... 7-87-10 l) Early Consultation on Projects Involving Permit Issuance........................ 7-107-12 m) Consultation with Water Agencies Regarding Large Development Projects 7-107- 12 n) General Aspects of an EIR ......................................................................... 7-107-12 o) Use of Registered Consultants in Preparing EIRs ..................................... 7-117-13 p) Incorporation by Reference........................................................................ 7-117-13 q) Standards for Adequacy of an EIR ............................................................ 7-127-13 r) Form and Content of EIR ........................................................................... 7-127-14 s) Consideration and Discussion of Significant Environmental Impacts ...... 7-147-16 t) Environmental Setting. .............................................................................. 7-157-17 u) Analysis of Cumulative Impacts. ............................................................... 7-167-17 v) Analysis of Mitigation Measures ............................................................... 7-177-19 w) Analysis of Alternatives in an EIR ............................................................ 7-197-21 x) Analysis of Future Expansion .................................................................... 7-217-23 y) Notice of Completion of DEIR; Notice of Availability of DEIR .............. 7-227-23 z) Review of EIR By Other Persons .............................................................. 7-247-26 aa) Submission of DEIR to State Clearinghouse ............................................. 7-257-27 bb) Time for Review of DEIR; Failure to Comment ....................................... 7-277-28 cc) Shortened Review period ........................................................................... 7-287-29 dd) Public Hearing on DEIR ............................................................................ 7-287-30 ee) Evaluation of and Response to Comments on DEIR ................................. 7-297-30 ff) Preparation and Contents of Final EIR ...................................................... 7-297-31 gg) Recirculation When New Information Is Added to EIR ............................ 7-307-31 hh) Certification of Final EIR .......................................................................... 7-317-33 ii) Appeal of Certification of EIR ................................................................... 7-317-33 jj) Consideration of EIR Before Approval or Disapproval of Project ............ 7-317-33 kk) Findings...................................................................................................... 7-327-33 ll) Statement of Overriding Considerations .................................................... 7-337-35 mm) Mitigation Monitoring or Reporting Program for EIR .............................. 7-347-36 nn) Notice of Determination ............................................................................ 7-367-38 Item: 12
91 TABLE OF CONTENTS
(continued)
Page
-vi-
oo) Disposition of a Final EIR ......................................................................... 7-377-39 pp) Private Project Costs .................................................................................. 7-387-40 qq) Filing Fees for Projects Which Affect Wildlife Resources ....................... 7-387-40 8) TIERING......................................................................................................................... 8-1 a) EIRs Generally .................................................................................................... 8-1 b) Tiering ................................................................................................................. 8-1 c) Project EIR .......................................................................................................... 8-2 d) Subsequent EIR ................................................................................................... 8-2 e) Supplemental EIR ............................................................................................... 8-4 f) Subsequent Negative Declaration ....................................................................... 8-4 g) Addendum to an EIR .......................................................................................... 8-5 h) Addendum to Negative declaration .................................................................... 8-5 i) Staged EIR .......................................................................................................... 8-5 j) Program EIR ....................................................................................................... 8-6 k) Master EIR .......................................................................................................... 8-7 l) Special Requirements for Redevelopment Projects ............................................ 8-8 9) CEQA LITIGATION ...................................................................................................... 9-1 a) Timelines............................................................................................................. 9-1 b) Mediation and Settlement ................................................................................... 9-1 c) Administrative Record ........................................................................................ 9-1 10) AFFORDABLE HOUSING ......................................................................................... 10-1 a) Streamlined, Ministerial Approval Process for Affordable Housing Projects .............................................................................................................. 10-1 b) Ministerial Approval Process for Urban Lot Splits and Housing Developments With No More Than Two Residential Units Within a Single-Family Residential Zone (SB 9) .......................................................... 10-20 c) Approval of Ordinance to Zone Any Parcel For Up to 10 Units of Residential Density Per Parcel in Certain Circumstances (SB 10) ................. 10-23 bd) Housing Sustainability Districts. ................................................................ 10- 1624 ce) Interim Motel Housing. ............................................................................... 10- 1725 df) Supportive Housing and “No Place Like Home” Projects.......................... 10-1725 g) Shelter Crisis and Emergency Housing. ......................................................... 10-25 Item: 12
92 TABLE OF CONTENTS
(continued)
Page
-vii-
11) DEFINITIONS .............................................................................................................. 11-1

11.01 “Agricultural Employee” .................................................................................. 11-1

11.02 “Applicant” ....................................................................................................... 11-1

11.03 “Approval” ........................................................................................................ 11-1

11.04 “Baseline” ......................................................................................................... 11-2

11.05 “California Native American Tribe” ................................................................. 11-2

11.06 “Categorical Exemption” .................................................................................. 11-2

11.07 “CEQA” ............................................................................................................ 11-2

11.08 “City” ................................................................................................................ 11-2

11.09 “Clerk” .............................................................................................................. 11-2

11.10 “Community-Level Environmental Review” ................................................... 11-2

11.11 “Consultation”................................................................................................... 11-3

11.12 “Cumulative Impacts”. ...................................................................................... 11-3

11.13 “Cumulatively Considerable” ........................................................................... 11-3

11.14 “Decision Making Body” .................................................................................. 11-3

11.15 “DEIR” .............................................................................................................. 11-3

11.16 “Developed Open Space” ................................................................................. 11-3

11.17 “Development Project” ..................................................................................... 11-3

11.18 “Director” .......................................................................................................... 11-3

11.19 “Discretionary Project” ..................................................................................... 11-4

11.20 “EIR”................................................................................................................. 11-4

11.21 “Emergency” ..................................................................................................... 11-4

11.22 “Endangered, Rare or Threatened Species” ...................................................... 11-4

11.23 “Environment” .................................................................................................. 11-4

11.24 “Feasible”. ......................................................................................................... 11-5

11.25 “Final EIR”. ...................................................................................................... 11-5

11.26 “Greenhouse Gas” ............................................................................................. 11-5

11.27 “Highway” ........................................................................................................ 11-5

11.28 “Historical Resources” ...................................................................................... 11-5

11.29 “Infill Site” ........................................................................................................ 11-6

11.30 “Initial Study” ................................................................................................... 11-6 Item: 12
93 TABLE OF CONTENTS
(continued)
Page
-viii-

11.31 “Jurisdiction by Law” ....................................................................................... 11-6

11.32 “Lead Agency”.................................................................................................. 11-6

11.33 “Low-Income Households” .............................................................................. 11-7

11.34 “Low-Level Flight Path”................................................................................... 11-7

11.35 “Metropolitan Planning Organization” ............................................................. 11-7

11.36 “Military Impact Zone ...................................................................................... 11-7

11.37 “Ministerial” ..................................................................................................... 11-7

11.38 “Mitigated Negative Declaration” .................................................................... 11-8

11.39 “Mitigation” ...................................................................................................... 11-8

11.40 “Negative Declaration” ..................................................................................... 11-8

11.41 “Notice of Completion” .................................................................................... 11-8

11.42 “Notice of Determination” ................................................................................ 11-8

11.43 “Notice of Exemption” ..................................................................................... 11-8

11.44 “Notice of Preparation”..................................................................................... 11-8

11.45 “Person” ............................................................................................................ 11-9

11.46 “Pipeline” .......................................................................................................... 11-9

11.47 “Private Project” ............................................................................................... 11-9

11.48 “Project” ............................................................................................................ 11-9

11.49 “Project-Specific Effects” ................................................................................. 11-9

11.50 “Public Water System” ................................................................................... 11-10

11.51 “Residential” ................................................................................................... 11-10

11.52 “Responsible Agency” .................................................................................... 11-10

11.53 “Riparian Areas” ............................................................................................. 11-10

11.54 “Roadway”. ..................................................................................................... 11-10

11.55 “Significant Effect” ......................................................................................... 11-10

11.56 “Significant Value as Wildlife Habitat” ......................................................... 11-11

11.57 “Special Use Airspace” ................................................................................... 11-11

11.58 “Staff” ............................................................................................................. 11-11

11.59 “Standard” ....................................................................................................... 11-11

11.60 “State CEQA Guidelines” ............................................................................... 11-11

11.61 “Substantial Evidence” ................................................................................... 11-11 Item: 12
94 TABLE OF CONTENTS
(continued)
Page
-ix-

11.62 “Sustainable Communities Strategy” .............................................................. 11-12

11.63 “Tiering” ......................................................................................................... 11-12

11.64 “Transit Priority Area” .................................................................................... 11-12

11.65 “Transit Priority Project” ................................................................................ 11-12

11.66 “Transportation Facilities” .............................................................................. 11-13

11.67 “Tribal Cultural Resources” ............................................................................ 11-13

11.68 “Trustee Agency”............................................................................................ 11-14

11.69 “Urbanized Area”............................................................................................ 11-14

11.70 “Water Acquisition Plans” .............................................................................. 11-15

11.71 “Water Assessment” or “Water Supply Assessment” ................................... 11-15

11.72 “Water Demand Project” ................................................................................ 11-15

11.73 “Waterway”..................................................................................................... 11-16

11.74 “Wetlands” ...................................................................................................... 11-16

11.75 “Wildlife Habitat” ........................................................................................... 11-16

11.76 “Zoning Approval” ......................................................................................... 11-16 12) FORMS ......................................................................................................................... 12-1 13) COMMON ACRONYMS ............................................................................................ 13-1 Item: 12
95 Local Guidelines for Implementing the
California Environmental Quality Act (20212022) GENERAL PROVISIONS, PURPOSE AND POLICY 20212022 City of Lake Forest Guidelines 1-1 ©Best Best & Krieger LLP 1) GENERAL PROVISIONS, PURPOSE AND POLICY
a) AUTHORITY AND RELATIONSHIP TO STATE CEQA GUIDELINES
These procedures are adopted to implement the California Environmental Quality Act (“CEQA”), Public Resources Code section 21000 et seq., and the State CEQA Guidelines (“State CEQA Guidelines”), 14 California Code of Regulations Section 15000 et seq. The procedures established herein implement and tailor the general provisions of the State CEQA Guidelines to the specific operations of the City of Lake Forest (“City”). These Local Guidelines are intended to supplement the State CEQA Guidelines. If any section of these Local Guidelines is in conflict with or contrary to any provision of CEQA as it now exists or may be amended hereafter, CEQA shall control.

In these Local Guidelines, any procedures applicable to “Negative Declarations” shall also apply to “Mitigated Negative Declarations,” except to the extent special procedures are expressly made applicable for Mitigated Negative Declarations hereunder.

All time periods set out herein shall be calendar days unless otherwise indicated. b) PURPOSE
The purpose of these Local Guidelines is to help the City accomplish the following basic objectives of CEQA:
(1) To enhance and provide long-term protection for the environment, while providing a decent home and satisfying living environment for every Californian.
(2) To provide information to governmental decision-makers and the public regarding the potential significant environmental effects of the proposed project. (3) To provide an analysis of the environmental effects of future actions associated with the project to adequately apprise all interested parties of the true scope of the project for intelligent weighing of the environmental consequences of the project.
(4) To identify ways that environmental damage can be avoided or significantly reduced.
(5) To prevent significant avoidable environmental damage through utilization of feasible project alternatives or mitigation measures.
(6) To disclose and demonstrate to the public the reasons why a governmental agency approved the project in the manner chosen. Public participation is an essential part of the CEQA process. Each public agency should encourage wide public involvement, formal and informal, in order to receive and evaluate public reactions to environmental issues related to a public agency’s activities. Such involvement should include, whenever possible, making environmental information available in electronic format on the Internet, on a web site maintained or utilized by the public agency.

Item: 12
96 Local Guidelines for Implementing the
California Environmental Quality Act (20212022) GENERAL PROVISIONS, PURPOSE AND POLICY 20212022 City of Lake Forest Guidelines 1-2 ©Best Best & Krieger LLP c) APPLICABILITY
These Guidelines apply to any activity of the City which constitutes a “project” as defined in Guidelines Section 11.48 and/or to any activity for which the City is a Responsible Agency.

These Guidelines are also intended to assist the City in determining whether a proposed activity constitutes a project triggering CEQA review, or whether the activity is exempt from CEQA.

An Environmental Impact Report (“EIR”) is required for each such project which may have a significant effect on the environment. When the City finds that a project subject to CEQA will have no significant environmental effect, a Negative Declaration or Mitigated Negative Declaration rather than an EIR shall be prepared.

An EIR serves several functions for the benefit of the City and the public. An EIR: (1) identifies and analyzes the significant environmental effects of a proposed project; (2) identifies alternatives to the project; and (3) discloses possible ways to reduce or avoid potential environmental damage. These matters are to be evaluated by the City before the project is approved or disapproved.

The EIR is an informational document. It should not be used to rationalize the decision for a project. CEQA requires that decisions be informed and balanced. CEQA must not be subverted into an instrument for the oppression and delay of social, economic, or recreational development or advancement. Indications of adverse environmental impacts from the project which are identified in the EIR do not necessarily require disapproval of a project. Rather, when an EIR shows that a project would cause substantial adverse changes in the environment, the City must respond to the information by one or more of the following methods:
(1) Changing the proposed project;
(2) Imposing conditions on the approval of the project; (3) Adopting plans or ordinances to control a broader class of activities to avoid the problems;
(4) Choosing an alternative way of meeting the same need; (5) Disapproving the project; or
(6) Finding that the unavoidable, significant environmental damage is acceptable pursuant to a Statement of Overriding Considerations.

Although CEQA requires that major consideration be given to preventing environmental damage, the City also has an obligation to balance other public objectives for each project including economic and social factors.
d) DELEGATION OF RESPONSIBILITY TO DEVELOPMENT SERVICES DIRECTOR The Development Services Director (“Director”) or his or her designee shall be responsible for the following CEQA functions:
(a) Determining whether a project is exempt;
(b) Conducting an Initial Study, and deciding whether to prepare a Negative Declaration or Draft Environmental Impact Report (“EIR”);
(c) Preparing a Negative Declaration or Draft EIR;
Item: 12
97 Local Guidelines for Implementing the
California Environmental Quality Act (20212022) GENERAL PROVISIONS, PURPOSE AND POLICY 20212022 City of Lake Forest Guidelines 1-3 ©Best Best & Krieger LLP (d) Determining that a Negative Declaration has been completed within a period of one- hundred and five (105) days or an EIR within a period of one (1) year from the date when the City accepted an application as complete;
(e) Preparing responses to comments on environmental documents; (f) Filing notices required or authorized by CEQA, the State CEQA Guidelines, or these Local Guidelines;
(g) Consulting with and obtaining comments from other public agencies and the public; (h) Assuring adequate opportunity and time for public review and public commentary; (i) Developing procedures for a mitigation monitoring and reporting program for those mitigation measures imposed as conditions of approval in order to reduce or eliminate a significant environmental effect; and,
(j) Determining whether an EIR is required to be recirculated or whether to prepare a Subsequent EIR, an Addendum to an EIR, a Subsequent Negative Declaration, or an Addendum to a Negative Declaration.
e) REDUCING DELAY AND PAPERWORK
The State CEQA Guidelines encourage local governmental agencies to reduce delay and paperwork by, among other things:
(1) Integrating the CEQA process into early planning review; to this end, the project approval process and these procedures, to the maximum extent feasible, are to run concurrently, not consecutively;
(2) Identifying projects which fit within categorical or other exemptions and are therefore exempt from CEQA processing;
(3) Using initial studies to identify significant environmental issues and to narrow the scope of EIRs;
(4) Using a Negative Declaration when a project, not otherwise exempt, will not have a significant effect on the environment;
(5) Consulting with state and local responsible agencies before and during the preparation of an EIR so that the document will meet the needs of all the agencies which will use it;
(6) Allowing applicants to revise projects to eliminate possible significant effects on the environment, thereby enabling the project to qualify for a Negative Declaration rather than an EIR;
(7) Integrating CEQA requirements with other environmental review and consultation requirements;
(8) Emphasizing consultation before an EIR is prepared, rather than submitting adverse comments on a completed document;
(9) Combining environmental documents with other documents, such as general plans;
(10) Eliminating repetitive discussions of the same issues by using EIRs on programs, policies or plans and tiering from statements of broad scope to those of narrower scope;
(11) Reducing the length of EIRs by means such as setting appropriate page limits; (12) Preparing analytic, rather than encyclopedic, EIRs; (13) Mentioning insignificant issues only briefly;
Item: 12
98 Local Guidelines for Implementing the
California Environmental Quality Act (20212022) GENERAL PROVISIONS, PURPOSE AND POLICY 20212022 City of Lake Forest Guidelines 1-4 ©Best Best & Krieger LLP (14) Writing EIRs in plain language;
(15) Following a clear format for EIRs;
(16) Emphasizing the portions of the EIR that are useful to decision-makers and the public and reducing emphasis on background material;
(17) Incorporating information by reference; and
(18) Making comments on EIRs as specific as possible.
f) TERMINOLOGY
The terms “must” or “shall” identify mandatory requirements. The terms “may” and “should” are permissive, with the particular decision being left to the discretion of the City. g) PARTIAL INVALIDITY
In the event any part or provision of these Guidelines shall be determined to be invalid, the remaining portions which can be separated from the invalid unenforceable provisions shall continue in full force and effect.
h) REQUESTS FOR NOTICES
Individuals may file a written request to receive copies of public notices provided under these Guidelines or the State CEQA Guidelines. The requestor may elect to receive these notices via email rather than regular mail. Notices sent by email are deemed delivered when the staff person sending the email sends it directed to the last email address provided by the requestor to the public agency. Any request to receive public notices shall be renewed annually in writing.

Individuals may also submit comments on the CEQA documentation for a project via email. Comments submitted via email shall be treated as written comments for all purposes.

Comments sent to the public agency via email are deemed received when they actually arrive in an email account of a staff person who has been designated or identified as the point of contact for a particular project.

Whenever a member of the public files a written request with the City Clerk to receive copies of notices prepared pursuant to Public Resources Code sections 21080.4 (Notice of Determination), 21092 (Notice of Determination), 21152 (Notice of Approval or Determination), the Director shall cause a copy of said Notice to be mailed to such individual. A “written request” shall be defined to include the payment of a fee as set by Resolution of the City Council. Unless a fee is not set by Resolution of the City Council, no written request for notice shall be valid unless and until the fee is paid. All written requests shall be valid for one (1) calendar year and may be renewed annually by submitting a new written request and payment of the fee set by Resolution of the City Council. The provisions of Public Resources Code section 21092.2 relative to substantial compliance shall be applicable to this Section. The Director may mail a Proof of Service of Mailing when mailing a Notice of Determination to a person making a request for a Notice of Determination to establish proof of mailing for purposes of starting the statute of limitations pursuant to Public Resources Code section 21167(f).

Item: 12
99 Local Guidelines for Implementing the
California Environmental Quality Act (20212022) GENERAL PROVISIONS, PURPOSE AND POLICY 20212022 City of Lake Forest Guidelines 1-5 ©Best Best & Krieger LLP CEQA also requires the lead agency to make copies of certain environmental documents available in an electronic format (such as Draft Environmental Impact Reports, Draft Negative Declarations and Draft Mitigated Negative Declarations), on request.

When acting as Lead Agency, the City must also post certain environmental documents (such as Draft and Final Environmental Impact Reports, Draft Negative Declarations and Draft Mitigated Negative Declarations) and CEQA notices (such as Notices of Preparation, Notices of Availability, Notices of Intent to Adopt a Negative Declaration, Notices of Exemption, and Notices of Determination) on its website.
(Reference: Pub. Resources Code, §§ 21082.1, 21091(d)(3), 21092.2.) i) THE CITY MAY CHARGE REASONABLE FEES FOR REPRODUCING

ENVIRONMENTAL DOCUMENTS
A public agency may charge and collect a reasonable fee from members of the public that request a copy of an environmental document, so long as the fee does not exceed the cost of reproduction. The kinds of “environmental documents” that CEQA specifically allows public agencies to seek reimbursement for includes: initial studies, negative declarations, mitigated negative declarations, draft and final EIRs, and documents prepared as a substitute for an EIR, a negative declaration, or a mitigated negative declaration.

A public agency may choose to make documentsThe City shall make CEQA-related documents (e.g., Negative Declarations, Mitigated Negative Declarations, DEIRs, Final EIRs, and notices relating to these documents) available to the public-at-large on the agency’s website or charge a reasonable fee for reproducing the document in hard-copy form, on compact discs, email attachments, or other digital transfersCity’s website. Requests for documents made pursuant to the California Public Records Act must comply with the Government Code. (See, for example, Government Code section 6253.9 for information regarding providing documents in electronic format.)
j) STATE AGENCY FURLOUGHS
Due to budget concerns, the State may institute mandatory furlough days for state government agencies. Local agencies may also change their operating hours.

Because state and local agencies may enact furloughs that limit their operating hours, if the City has time sensitive materials or needs to consult with a state agency, the City should check with the applicable state agency office or with the City’s attorney to ensure compliance with all applicable deadlines.

Item: 12
100
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) LEAD AND RESPONSIBLE AGENCIES 20212022 City of Lake Forest Guidelines 2-1 ©Best Best & Krieger LLP 2) LEAD AND RESPONSIBLE AGENCIES
a) LEAD AGENCY PRINCIPLE
The City will be the Lead Agency if it will have principal responsibility for carrying out or approving a project. Where a project is to be carried out or approved by more than one public agency, only one agency shall be responsible for the preparation of environmental documents.

This agency shall be called the Lead Agency.
(Reference: State CEQA Guidelines, §§ 15050, 15367.)
b) SELECTION OF LEAD AGENCY
Where two or more public agencies will be involved with a project, the Lead Agency shall be designated according to the following criteria:
(1) If the project will be carried out by a public agency, that agency shall be the Lead Agency even if the project will be located within the jurisdiction of another public agency.
(2) If the project will be carried out by a nongovernmental person or entity, the Lead Agency shall be the public agency with the greatest responsibility for supervising and approving the project as a whole. The Lead Agency will normally be the agency with general governmental powers, rather than an agency with a single or limited purpose. (For example, a district which will provide a public service or utility to the project serves a limited purpose.) If two or more agencies meet this criteria equally, the agency which acts first on the project will normally be the Lead Agency.

If two or more public agencies have a substantial claim to be the Lead Agency under either (1) or (2), they may designate one agency as the Lead Agency by agreement. An agreement may also provide for cooperative efforts by contract, joint exercise of powers, or similar devices. If the agencies cannot agree which agency should be the Lead Agency for preparing the environmental document, any of the disputing public agencies or the project applicant may submit the dispute to the Office of Planning and Research. Within 21 days of receiving the request, the Office of Planning and Research will designate the Lead Agency. The Office of Planning and Research shall not designate a Lead Agency in the absence of a dispute. A “dispute” means a contested, active difference of opinion between two or more public agencies as to which of those agencies shall prepare any necessary environmental document. A dispute exists when each of those agencies claims that it either has or does not have the obligation to prepare that environmental document.
(Reference: State CEQA Guidelines, § 15051.)
Item: 12
101
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) LEAD AND RESPONSIBLE AGENCIES 20212022 City of Lake Forest Guidelines 2-2 ©Best Best & Krieger LLP c) DUTIES OF A LEAD AGENCY
As a Lead Agency, the City shall decide whether a Negative Declaration, Mitigated Negative Declaration or an EIR will be required for a project and shall prepare, or cause to be prepared, and consider the document before making its decision on whether and how to approve the project. The documents may be prepared by Staff or by environmental consultants retained by the City pursuant to a contract executed in accordance with the City’s Purchasing and Contract Guidelines. For the latter, the City shall independently review and analyze all draft and final EIRs or Negative Declarations prepared for a project and shall find that the EIR or Negative Declaration reflects the independent judgment of the City prior to approval of the document. If a DEIR or Final EIR is prepared under a contract to the City, the contract must be executed prior to the commencement of the work by the environmental consultant but in no event later than forty-five (45) days from the date on which the City sends a Notice of Preparation. The City, however, may take longer to execute the contract if the project applicant and the City mutually agree to an extension of the 45-day time period. (Pub. Resources Code, § 21151.5; see also Local Guidelines Section 7.027)b).)
During the process of preparing an EIR, the City shall have the following duties:
(1) If a California Native American tribe has requested consultation, within 14 days after determining that an application for a project is complete or a decision to undertake a project, the lead agencyLead Agency shall begin consultation with the California Native American tribes (see Local Guidelines Section 7)h); (2) Immediately after deciding that an EIR is required for a project, the City shall send to the Office of Planning and Research and each Responsible Agency a Notice of Preparation (Form “G”) stating that an EIR will be prepared. (See Guidelines Section 7)e).)
(3) Prior to release of an EIR, if the California Native American tribe that is culturally affiliated with the geographic area of a project requests in writing to be informed of any proposed project, the City must begin consultation with the tribe (see Local Guidelines Section 7)h).)
(4) The City shall prepare or cause to be prepared the DEIR for the project. (See Guidelines Section 7)r).)
(5) Once the DEIR is completed, the City shall file a Notice of Completion (Form “H”) with the Office of Planning and Research. (See Guidelines Section 7)y).) (6) The City shall consult with state, federal and local agencies which exercise authority over resources which may be affected by the project for their comments on the completed DEIR. (See Guidelines Section 7)m).)
(7) The City shall provide public notice of the availability of a DEIR (Form “K”) at the same time that it sends a Notice of Completion to the Office of Planning and Research. (See Guidelines Section 7)y).)
(8) The City shall evaluate comments on environmental issues received from persons who reviewed the DEIR and shall prepare or cause to be prepared a written response to all comments that raise significant environmental issues and that were timely received during the public comment period. A written response must be provided to all public agencies who commented on the project during Item: 12
102
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) LEAD AND RESPONSIBLE AGENCIES 20212022 City of Lake Forest Guidelines 2-3 ©Best Best & Krieger LLP the public review period at least ten (10) days prior to certifying an EIR. (See Guidelines Section 7)ee).)
(9) The City shall prepare or cause to be prepared a Final EIR before approving the project. (See Guidelines Section 7)ff).)
(10) The City shall certify that the Final EIR has been completed in compliance with CEQA and has been reviewed by the City Council. (See Guidelines Section 7)hh).)
(11) The City shall include in the Final EIR any comments received from a Responsible Agency on the Notice of Preparation or the DEIR. (See Guidelines Sections 7)k), 7)ee) and 7)ff).)
d) CEQA DETERMINATIONS MADE BY NON-ELECTED BODY; PROCEDURE TO

APPEAL SUCH DETERMINATIONS
As set forth in the Lake Forest Municipal Code, the City has charged non-elected bodies such as the Planning Commission with the responsibility of making the determinations on certain projects, and, hence, the environmental findings for those projects. The CEQA determinations of any non-elected body may be appealed to the City Council. The procedures of Section 2.04.100, et seq., of the Lake Forest Municipal Code shall govern these appeals, except that the time limit for filing the appeal shall be ten (10) days after the decision making body’s CEQA determination. e) PROJECTS RELATING TO DEVELOPMENT OF HAZARDOUS WASTE AND OTHER SITES
An applicant for a development project must submit a signed statement to the City stating whether the project and any alternatives are located on a site which is included in any list compiled by the Secretary for Environmental Protection of the California Environmental Protection Agency (“California EPA”) listing hazardous waste sites and other specified sites located in the City’s boundaries. The applicant’s statement must contain the following information:
(1) The applicant’s name, address, and phone number.
(2) Address of site, and local agency (city/county).
(3) Assessor’s book, page, and parcel number.
(4) The list which includes the site, identification number, and date of list.

Before accepting as complete an application for any development project, the City shall consult lists compiled by the Secretary for Environmental Protection of the California EPA pursuant to Government Code section 65962.5 listing hazardous waste sites and other specified sites located in the City’s boundaries. When acting as Lead Agency, the City shall notify an applicant for a development project if the project site is located on such a list and not already identified. In the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (see Guidelines Section 6)d) or the Notice of Preparation of DEIR (see Guidelines Section 7)e)) the City shall specify the California EPA list, if any, which includes the project site, and shall provide the information contained in the applicant’s statement. (Reference: Gov. Code, § 65962.5.)
Item: 12
103
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) LEAD AND RESPONSIBLE AGENCIES 20212022 City of Lake Forest Guidelines 2-4 ©Best Best & Krieger LLP f) RESPONSIBLE AGENCY PRINCIPLE
When a project is to be carried out or approved by more than one public agency, all public agencies other than the Lead Agency which have discretionary approval power over the project shall be identified as Responsible Agencies.
(Reference: State CEQA Guidelines, § 15381.)
g) DUTIES OF A RESPONSIBLE AGENCY
When it is identified as a Responsible Agency, the City shall consider the environmental documents prepared or caused to be prepared by the Lead Agency and reach its own conclusions on whether and how to approve the project involved. The City shall also both respond to consultation and attend meetings as requested by the Lead Agency to assist the Lead Agency in preparing adequate environmental documents. The City should also review and comment on DEIRs and Negative Declarations. Comments shall be limited to those project activities which are within the City’s area of expertise or are required to be carried out or approved by the City or are subject to the City’s powers.

As a Responsible Agency, the City may identify significant environmental effects of a project for which mitigation is necessary. As a Responsible Agency, the City may submit to the Lead Agency proposed mitigation measures which would address those significant environmental effects. If mitigation measures are required, the City should submit to the Lead Agency complete and detailed performance objectives for such mitigation measures which would address the significant environmental effects identified, or refer the Lead Agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the Lead Agency by the City, when acting as a Responsible Agency, shall be limited to measures which mitigate impacts to resources that are within the City’s authority. For private projects, the City, as a Responsible Agency, may require the project proponent to provide such information as may be required and to reimburse the City for all costs incurred by it in reporting to the Lead Agency. (Reference: State CEQA Guidelines, § 15096.)
h) RESPONSE TO NOTICE OF PREPARATION BY RESPONSIBLE AGENCIES Within thirty (30) days of receipt of a Notice of Preparation of an EIR, the City, as a Responsible Agency, shall specify to the Lead Agency the scope and content of the environmental information related to the City’s area of statutory responsibility in connection with the proposed project. At a minimum, the response shall identify the significant environmental issues and possible alternatives and mitigation which the City, as a Responsible Agency, will need to have explored in the DEIR. Such information shall be specified in writing, shall be as specific as possible, and shall be communicated to the Lead Agency, by certified mail , email, or any other method of transmittal which provides it with a record that the notice was received, not later than thirty (30) days after receipt of the notice of the Lead Agency’s determination. The Lead Agency shall incorporate this information into the EIR.

Item: 12
104
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) LEAD AND RESPONSIBLE AGENCIES 20212022 City of Lake Forest Guidelines 2-5 ©Best Best & Krieger LLP (Reference: Pub. Resources Code, § 21080.4; State CEQA Guidelines, § 15103.) i) USE OF FINAL EIR OR NEGATIVE DECLARATION BY RESPONSIBLE AGENCIES The City, as a Responsible Agency, shall consider the Lead Agency’s Final EIR or Negative Declaration before acting upon or approving a proposed project. As a Responsible Agency, the City must independently review and consider the adequacy of the Lead Agency’s environmental documents prior to approving any portion of the proposed project. In certain instances the City, in its role as a Responsible Agency, may require that a Subsequent EIR or a Supplemental EIR be prepared to fully address those aspects of the project over which the City has approval authority. Mitigation measures and alternatives deemed feasible and relevant to the City’s role in carrying out the project shall be adopted. Findings which are relevant to the City’s role as a Responsible Agency shall be made. After the City decides to approve or carry out part of a project for which an EIR or negative declaration has previously been prepared by the Lead Agency, the City, as Responsible Agency, should file a Notice of Determination with the County Clerk within five (5) days of approval, but need not state that the Lead Agency’s EIR or Negative Declaration complies with CEQA. The City, as Responsible Agency should state that it considered the EIR or Negative Declaration as prepared by a Lead Agency. (Reference: State CEQA Guidelines, § 15096.)
j) SHIFT IN LEAD AGENCY RESPONSIBILITIES
The City, as a Responsible Agency, shall assume the role of the Lead Agency if any one of the following three conditions is met:
(1) The Lead Agency did not prepare any environmental documents for the project, and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency.
(2) The Lead Agency prepared environmental documents for the project, and all of the following conditions occur:
(i) A Subsequent or Supplemental EIR is required;
(ii) The Lead Agency has granted a final approval for the project; and (iii) The statute of limitations has expired for a challenge to the action of the appropriate Lead Agency.
(3) The Lead Agency prepared inadequate environmental documents without providing public notice of a Negative Declaration or sending Notice of Preparation of an EIR to Responsible Agencies and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. (Reference: State CEQA Guidelines, § 15052.)
Item: 12
105
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) LEAD AND RESPONSIBLE AGENCIES 20212022 City of Lake Forest Guidelines 2-6 ©Best Best & Krieger LLP k) PRELIMINARY REVIEW FOR COMPLETENESS
The Director shall determine whether an application for a permit or other entitlement for use is complete and shall notify the applicant in writing within thirty (30) days from the receipt of the application. If the application is incomplete, the notice shall list and thoroughly describe the specific information required to complete the application. If no written determination of the completeness of the application is made within the thirty (30) day period, the application will be deemed complete on the thirtieth (30th) day. Upon resubmittal of the application, a new thirty (30) day period shall begin.

If the application and materials are determined to be incomplete, within fifteen (15) days of the date of the notice, the applicant may appeal the decision in writing to the Planning Commission. The Planning Commission shall issue a written determination within forty-five (45) days after receipt of the written appeal. The determination of the Planning Commission shall be final.

Item: 12
106
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-1 ©Best Best & Krieger LLP 3) ACTIVITIES EXEMPT FROM CEQA
a) ACTIONS SUBJECT TO CEQA
The requirements of CEQA apply to all discretionary projects which may have a significant effect on the environment. In particular, CEQA applies to discretionary private projects that are carried out, approved, or financed by a public agency. Possible exemptions from CEQA include the following:
(1) The activity is not a project;
(2) The project is statutorily exempt pursuant to Article 18 of the State CEQA Guidelines;
(3) The project is categorically exempt pursuant to Article 19 of the State CEQA Guidelines;
(4) It can be established with certainty that there is no possibility that the activity may have a significant effect on the environment; or
(5) The project will be rejected or disapproved by the City. (Reference: State CEQA Guidelines, § 15061(b).)
b) ACTIONS NOT SUBJECT TO CEQA
If the proposed activity does not come within the definition of “project” contained in Guidelines Section 11.48, it is not subject to CEQA review. “Project”The term “project”, as defined by CEQA, does not include:
(1) Proposals for legislation to be enacted by the State Legislature; (2) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, and general policy and procedure making; (3) The submittal of proposals to a vote of the people in response to a petition drive initiated by voters, or the enactment of a qualified voter-sponsored initiative under California Constitution Art. II, Section 11(a) and Election Code section 9214;
(4) The creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project which may have a potentially significant physical impact on the environment. Government funding mechanisms may include, but are not limited to, assessment districts and community facilities districts;
(5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and (6) Activities that do not result in a direct or reasonably foreseeable indirect physical change in the environment.
(Reference: State CEQA Guidelines, § 15378.)
Item: 12
107
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-2 ©Best Best & Krieger LLP c) MINISTERIAL ACTIONS
Ministerial actions are not subject to CEQA review. A ministerial action is one that is approved or denied by a decision which a public official or a public agency makes that involves only the use of fixed standards or objective measurements without personal judgment or discretion.

Ministerial actions are not subject to the requirements of CEQA and no environmental documents are required. The following is a non-exclusive list of actions which the City Council has determined to be ministerial in nature:
(i) Approval of final subdivision and parcel maps;
(ii) Approval of individual utility service connections and disconnections; (iii) Issuance of health regulatory licenses;
(iv) Issuance of permits to install individual sewage disposal systems; and (v) The issuance of a building permit shall be deemed a ministerial act if the Development Services and Building Departments exercise no discretion in the issuance of the building permit. If the permit involves both discretionary and ministerial actions, the permit shall not be deemed a ministerial act. (vi) Until January 1, 2024, approval of an application to install an emergency standby generator to serve a macro cell tower where conditions set forth in Government Code section 65850.75 are met.

When a project involves an approval that contains elements of both a ministerial and discretionary nature, the project will be deemed to be discretionary and subject to the requirements of CEQA.
(Reference: Pub. Resources Code, § 21080(b)(1); State CEQA Guidelines, § 15369.) d) EXEMPTIONS IN GENERAL
CEQA and the State CEQA Guidelines exempt certain activities and provide that local agencies should further identify and describe certain exemptions. The requirements of CEQA and the obligation to prepare an EIR, Negative Declaration or Mitigated Negative Declaration do not apply to the exempt activities which are set forth in CEQA, the State CEQA Guidelines and this Chapter.

If it is determined that a project is exempt, then, after approval of the project, the Director may cause a Notice of Exemption to be filed in the form and manner required by the State CEQA Guidelines. (See Form “A,” “Preliminary Exemption Assessment;” Form “B,” “Notice of Exemption.”) The notice may be filed with the County Clerk of the County of Orange. (Reference: State CEQA Guidelines, §§ 15260 – 15332.)
Item: 12
108
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-3 ©Best Best & Krieger LLP

PRELIMINARY EXEMPTION ASSESSMENT
As part of the preliminary review of an application for a project, the Director shall determine whether a particular activity is exempt from CEQA. If the Director determines that an activity is exempt from CEQA, the Director should so find on the form entitled “Preliminary Exemption Assessment” (Form “A”) and should issue a Notice of Exemption (Form “B”). If prepared, the Preliminary Exemption Assessment shall be retained at City Hall as a public record. e) NOTICE OF EXEMPTION
After City approval of an exempt project, a “Notice of Exemption” (Form “BA”) may be filed by the Director, or his or her designee, with the County Clerk. A Notice of Exemption must be filed electronically with the County Clerk if that option is offered by the County Clerk. After filing, the City must additionally post the Notice of Exemption on the City’s website.

If the City exempts an agricultural housing, affordable housing, or residential infill project under State CEQA Guidelines sections 15193, 15194 or 15195 and the City approves or determines to carry out that project, it must also file a notice with the Office of Planning and Research (“OPR”) identifying the exemption.

The Preliminary Exemption Assessment shall be attached to the Notice of Exemption for filing. If filed, theCounty Clerk must post the Notice within twenty-four (24) hours of receipt, and the Notice must remain posted for thirty (30) days. The 30 day posting requirement excludes the first day of posting and includes the last day of posting. On the 30th day, the Notice of Exemption must be posted for the entire day. Although no California Department of Fish and Wildlife (“DFW”) filing fee is applicable to exempt projects, most counties customarily charge a documentary handling fee to pay for record keeping on behalf of the DFW. Refer to the Index in the Staff SummaryCounty Clerk Memo to determine if such a fee will be required for the project.

The Notice of Exemption must also, among other things, identify the person undertaking the project, including any person undertaking an activity that receives financial assistance from the City as part of the project or the person receiving a lease, permit, license, certificate, or other entitlement of use from the City as part of the project.

When filing aThe Notice of Exemption, Staff has different responsibilities for certain types of actions. If the activity is may be filed by the project applicant, rather than the City as Lead Agency, in certain circumstances. Specifically, the City may direct the project applicant to file the Notice of Exemption where the activity that the City has determined is exempt from CEQA either:
a) is undertaken by a person (not a public agency) which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies; or
b) involves the issuance to a person (not a public agency) of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; then.

Staff may direct that person to file the Notice of Exemption with the county clerk of each county in which the activity will be located. (See Public Resources Code section 21065 (b) and Item: 12
109
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-4 ©Best Best & Krieger LLP (c).) A Notice of Exemption filed by a person as described above must have a certificate of determination attached to it issued by the City stating that the action is not subject to CEQA. (See Public Resources Code sections 21080 and 21152.) The certificate of determination may be in the form of a certified copy of an existing document or record of the City. (See Public Resources Code §§ 21065 (b), (c), 21152.) Where the Notice of Exemption is filed by a project applicant rather than the City as Lead Agency, the applicant must attach a Certificate of Determination to the Notice of Exemption to be filed. The Certificate of Determination may be in the form of a certified copy of an existing document or record of the City. Alternatively, the City may prepare a Certificate of Determination (see Form “B”) stating that the activity is exempt from CEQA, and the City may provide the Certificate of Determination to the applicant. The applicant must attach the Certificate of Determination to the Notice of Exemption to be filed.

The filing of a Notice of Exemption is, when appropriate, is recommended for City actions because it starts a 35-day statute of limitations on legal challenges to the City’s determination that the activity is exempt from CEQA. The City is encouraged to make postings of all filed notices available in electronic format on the Internet. These electronic postings are in addition to the procedures required by the State CEQA Guidelines and the Public Resources Code. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. The thirty-day posting requirement excludes the first day of posting and includes the last day of posting. On the 30th day, the Notice of Exemption must be posted for the entire day.

When a request is made for a copy of the Notice prior to the date on which the City determines the project is exempt, the Notice must be mailed, first class postage prepaid, within five (5) days after the City’s determination. If such a request is made following the City’s determination, then the copy should be mailed in the same manner as soon as possible. (Reference: Pub. Resources Code, § 21152; State CEQA Guidelines, § 15062.) f) DISAPPROVED PROJECTS
ProjectsCEQA does not apply to projects which the City rejects or disapproves are exempt from CEQA. An. Even if a project for which an EIR, Negative Declaration, or Mitigated Negative Declaration has been prepared is ultimately disapproved, the project applicant shall not be relieved of payingits obligation to pay the costs for anincurred to prepare the EIR or, Negative Declaration prepared for a project prior to the City’s disapproval of, or Mitigated Negative Declaration for the project.
(Reference: State CEQA Guidelines, §§ 15061(b)(4), 15270.) g) PROJECTS WITH NO POSSIBILITY OF SIGNIFICANT EFFECT
Where it can be seen with absolute certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is exempt from CEQA. (Reference: State CEQA Guidelines, § 15061(b)(3).)
Item: 12
110
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-5 ©Best Best & Krieger LLP h) EMERGENCY PROJECTS
The following types of emergency projects are exempt (the term “emergency” is defined in Local Guidelines Section 11.21):
(a) Work in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Section 8550 of the Government Code. This includes projects that will remove, destroy, or significantly alter a historical resource when that resource represents an imminent threat to the public of bodily harm or of damage to adjacent property or when the project has received a determination by the State Office of Historic Preservation pursuant to Section 5028(b) of the Public Resources Code; (b) Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare; emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency; (c) Projects necessary to prevent or mitigate an emergency. This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility; (d) Projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, provided that the project is within the existing right of way of that highway and is initiated within one year of the damage occurring. Highway shall have the same meaning as defined in Section 360 of the Vehicle Code. This exemption does not apply to highways designated as official state scenic highways, nor to any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide; and
(e) Seismic work on highways and bridges pursuant to Streets and Highways Code section 180.2.
(Reference: State CEQA Guidelines, § 15269.)
i) FEASIBILITY AND PLANNING STUDIES
A project that involves only feasibility or planning studies for possible future actions which the City has not yet approved, adopted, or funded is exempt from CEQA. (Reference: State CEQA Guidelines, § 15262.)
j) RATES, TOLLS, FARES, AND CHARGES
The establishment, modification, structuring, restructuring or approval of rates, tolls, fares or other charges by the City that the City finds are for one or more of the purposes listed below are exempt from CEQA.

Item: 12
111
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-6 ©Best Best & Krieger LLP (a) Meeting operating expenses, including employee wage rates and fringe benefits; (b) Purchasing or leasing supplies, equipment or materials; (c) Meeting financial reserve needs and requirements; or (d) Obtaining funds for capital projects necessary to maintain service within existing service areas.

When the City determines that one of the aforementioned activities pertaining to rates, tolls, fares or charges is exempt from the requirements of CEQA, it shall incorporate written findings setting forth the specific basis for the claim of exemption in the record of any proceeding in which such an exemption is claimed.
(Reference: State CEQA Guidelines, § 15273.)
k) SPECIFIC STATUTORY EXEMPTIONS
CEQA and the State CEQA Guidelines exempt many other specific activities, including early activities related to thermal power plants, ongoing projects, transportation improvement programs, family day care homes, congestion management programs, railroad grade separation projects, restriping of streets or highways to relieve traffic congestion, restriping of streets in urbanized areas for bicycle lanes, adoption of bicycle transportation plans for urban areas, hazardous or volatile liquid pipelines and the installation of solar energy systems, including, but not limited to solar panels. Specific statutory exemptions are listed in the Public Resources Code, including Sections 21080 through 21080.33, and in the State CEQA Guidelines, including Sections 15260 through 15285. In addition, other titles of the California Codes provide statutory exemptions from CEQA, including, for example, Government Code section 12012.70.

Prior to determining that a bicycle transportation plan for an urban area is exempt, the lead agency must hold noticed public hearings in areas affected by the bicycle transportation plan to hear and respond to public comments. Publication of the notice must comply with Government Code section 6061 and be in a newspaper of general circulation in the area affected by the proposed project. The lead agency must also prepare an assessment of any traffic and safety impacts of the project and include measures in the bicycle transportation plan to mitigate potential vehicular traffic impacts and bicycle and pedestrian safety impacts. See Public Resources Code sections 21080.20 and 21080.20.5.
l) BALLOT MEASURES
The definition of project in the State CEQA Guidelines specifically excludes the submittal of proposals to a vote of the people of the state or of a particular community. This exemption does not apply to the public agency who sponsors the initiative. When a governing body makes a decision to put a measure on the ballot, that decision may be discretionary and therefore subject to CEQA. In contrast, the enactment of a qualified voter-sponsored initiative under California Constitution Art. II, Section 11(a) and Election Code section 9214 is not a project and therefore is not subject to CEQA review. (See Local Guidelines Section 3)b).) (Reference: State CEQA Guidelines, § 15378(b)(3).)
Item: 12
112
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-7 ©Best Best & Krieger LLP m) TRANSIT PRIORITY PROJECT
Exemption: Transit Priority Projects that are consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a Sustainable Community Strategy or an alternative planning strategy may be exempt from CEQA.

To qualify for the exemption, the decision-making body must hold a hearing and make findings that the project meets all of Public Resources Code section 21155.1’s environmental, housing, and public safety conditions and requirements.

Streamlined Review : A Transit Priority Project that has incorporated all feasible mitigation measures, performance standards or criteria set forth in a prior environmental impact report, may be eligible for streamlined environmental review. For a complete description of the requirements for this streamlined review see Public Resources Code section 21155.2. Similarly, the environmental review for a residential or mixed use residential project may limit, or entirely omit, its discussion of growth-inducing impacts or impacts from traffic on global warming under certain limited circumstances. Note, however, that impacts from other sources of greenhouse gas emissions would still need to be analyzed. For complete requirements see Public Resources Code section 21159.28.

Note that neither the exemption nor the streamlined review will apply until: (1) the applicable Metropolitan Planning Organization prepares and adopts a Sustainable Communities Strategy or alternative planning strategy for the region; and (2) the California Air Resources Board has accepted the Metropolitan Planning Organization’s determination that the Sustainable Communities Strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets adopted for the region. (Reference: Pub. Resources Code, §§ 21155.1, 21151.2, 21159.28.) n) CERTAIN INFILL PROJECTS
(a) (1) If an environmental impact report was certified for a planning level decision of the City, the application of CEQA to the approval of an infill project shall be limited to the effects on the environment that (A) are specific to the project or to the project site and were not addressed as significant effects in the prior environmental impact report or (B) substantial new information shows the effects will be more significant than described in the prior environmental impact report.

The attached Form “S” shall be used for this determination. A lead agency’s determination pursuant to this section shall be supported by substantial evidence. (2) An effect of a project upon the environment shall not be considered a specific effect of the project or a significant effect that was not considered significant in a prior environmental impact report, or an effect that is more significant than was described in the prior environmental impact report if uniformly applicable development policies or standards adopted by the city, county, or the lead agency, would apply to the project and the lead agency makes a finding, based upon substantial evidence, that the development policies or standards will substantially mitigate that effect.
(b) If an infill project would result in significant effects that are specific to the project or the project site, or if the significant effects of the infill project were not addressed in the prior Item: 12
113
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-8 ©Best Best & Krieger LLP environmental impact report, or are more significant than the effects addressed in the prior environmental impact report, and if a mitigated negative declaration or a sustainable communities environmental assessment could not be otherwise adopted, an environmental impact report prepared for the project analyzing those effects shall be limited as follows:
(1) Alternative locations, densities, and building intensities to the project need not be considered.
(2) Growth inducing impacts of the project need not be considered. (c) This section applies to an infill project that satisfies both of the following:
(1) The project satisfies any of the following:
(A) Is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy for which the State Air Resources Board, pursuant to subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, has accepted a metropolitan planning organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets. (B) Consists of a small walkable community project located in an area designated by a city for that purpose.
(C) Is located within the boundaries of a metropolitan planning organization that has not yet adopted a sustainable communities strategy or alternative planning strategy, and the project has a residential density of at least 20 units per acre or a floor area ratio of at least 0.75.
(2) Satisfies all applicable statewide performance standards contained in the guidelines adopted pursuant to Public Resources Code section 21094.5.5 (Form “R”). (d) This section applies after the Secretary of the Natural Resources Agency adopts and certifies the guidelines establishing statewide standards pursuant to Public Resources Code section 21094.5.5.
(e) For the purposes of this section, the following terms mean the following:
(1) “Infill project” means a project that meets the following conditions:
(A) Consists of any one, or combination, of the following uses:
(i) Residential.
(ii) Retail or commercial, where no more than one-half of the project area is used for parking.

Item: 12
114
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-9 ©Best Best & Krieger LLP (iii) A transit station.
(iv) A school.
(v) A public office building.
(B) Is located within an urban area on a site that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses.
(2) “Planning level decision” means the enactment or amendment of a general plan, community plan, specific plan, or zoning code.
(3) “Prior environmental impact report” means the environmental impact report certified for a planning level decision, as supplemented by any subsequent or supplemental environmental impact reports, negative declarations, or addenda to those documents. (4) “Small walkable community project” means a project that is in an incorporated city, which is not within the boundary of a metropolitan planning organization and that satisfies the following requirements:
(A) Has a project area of approximately one-quarter mile diameter of contiguous land completely within the existing incorporated boundaries of the city. (B) Has a project area that includes a residential area adjacent to a retail downtown area.
(C) The project has a density of at least eight dwelling units per acre or a floor area ratio for retail or commercial use of not less than 0.50. (5) “Urban area” includes either an incorporated city or an unincorporated area that is completely surrounded by one or more incorporated cities that meets both of the following criteria:
(A) The population of the unincorporated area and the population of the surrounding incorporated cities equal a population of 100,000 or more. (B) The population density of the unincorporated area is equal to, or greater than, the population density of the surrounding cities.
(Reference: Pub. Resources Code, § 21094.5.)
o) EXEMPTION FOR INFILL PROJECTS IN TRANSIT PRIORITY AREAS A residential or mixed use project, or a project with a floor area ratio of at least 0.75 on commercially-zoned property, including any required subdivision or zoning approvals, is exempt from CEQA if the project is located within a transit priority area as defined in Section 11.64 below, Item: 12
115
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-10 ©Best Best & Krieger LLP is consistent with an applicable specific plan for which an EIR was certified, and is also consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy for which the State Air Resources Board has accepted the determination that the sustainable communities strategy or the alternative planning strategy would achieve the applicable greenhouse gas emissions reduction targets. Further environmental review shall be required only if the events specified in Public Resources Code section 21166 are present. (Reference: State CEQA Guidelines, § 15182(b).)
p) TRANSFER OF LAND FOR THE PRESERVATION OF NATURAL CONDITIONS CEQA does not apply to the acquisition, sale, or other transfer of interest in land by the City for the purpose of fulfilling any of the following purposes: (1) preservation of natural conditions existing at the time of transfer, including plant and animal habitats, (2) restoration of natural conditions, including plant and animal habitats, (3) continuing agricultural use of the land; (4) prevention of encroachment of development into flood plains; (5) preservation of historical resources; or (6) preservation of open space or lands for park purposes. CEQA similarly does not apply to the granting or acceptance of funding by the City for the foregoing purposes.

The foregoing applies even if physical changes to the environment or changes in the use of the land are a reasonably foreseeable consequence of the acquisition, sale, or other transfer of the interests in land, or of the granting or acceptance of funding, provided that environmental review otherwise required by CEQA occurs before any project approval that would authorize physical changes being made to that land.

The City must file a Notice of Exemption with the State Clearinghouse and the County Clerk should it find a project exempt under this provision. (Reference: Pub. Resources Code, § 21080.28.)
q) R) TRANSIT PRIORITIZATION PROJECTS.

CEQA exempts the following projects when (i) the project is carried out by a public agency that is the lead agency for the project; (ii) the project is located in an urbanized area; (iii) the project is located within an existing public right-of-way; (iv) the project does not add physical infrastructure that increases new automobile capacity on existing rights-of-way except for minor modifications needed for efficient and safe movement of transit vehicles, such as extended merging lanes; (v) the project does not include the addition of any auxiliary lanes; and (vi) the construction of the project shall not require the demolition of affordable housing units:
(1) Pedestrian and bicycle facilities, including bicycle parking, bicycle sharing facilities, and bikeways as defined in Section 890.4 of the Streets and Highways Code;
(2) Projects that improve customer information and wayfinding for transit riders, bicyclists, or pedestrians;
Item: 12
116
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-11 ©Best Best & Krieger LLP (3) Transit prioritization projects, including projects relating to signal coordination, signal timing modifications, signal phasing modifications, the installation of wayside technology and onboard technology, the installation of ramp meters, the installation of dedicated transit or very high occupancy vehicle lanes (i.e., vehicle with six or more occupants), and shared turning lanes;
(4) On highways with existing public transit service or that will be implementing public transit service within six months of the conversion, a project for the designation and conversion of general purpose lanes or highway shoulders to bus- only lanes, for use either during peak congestion hours or all day. (5) A project for the institution or increase of new bus rapid transit, bus, or light rail service, including the construction of stations, on existing public rights-of-way or existing highway rights-of-way, whether or not the right-of-way is in use for public mass transit.
(6) A project to construct or maintain infrastructure to charge or refuel zero-emission transit buses, provided the project is carried out by a public transit agency that is subject to, and in compliance with, the State Air Resources Board's Innovative Clean Transit regulations (Article 4.3 (commencing with Section 2023) of Chapter 1 of Division 3 of Title 13 of the California Code of Regulations) and the project is located on property owned by the transit agency or within an existing public right- of-way.
(7) The maintenance, repair, relocation, replacement, or removal of any utility infrastructure associated with a project identified in paragraphs (1) to (6), inclusive. (8) A project that consists exclusively of a combination of any of the components of a project identified in paragraphs (1) to (7), inclusive. (9) A project carried out by a city or county to reduce minimum parking requirements.

Additional conditions apply to a project otherwise exempt under this section if the project exceeds one hundred million dollars ($100,000,000) in 2020 United States dollars, as set forth in Public Resources Code section 21080.25.

If the City determines that a project is not subject to CEQA pursuant to this section and approves that project, the City must file a Notice of Exemption with both the Office of Planning and Research and the County Clerk of the county in which the project is located.

This exemption shall remain in effect only until January 1, 2023, and as of that date it will be repealed.
(Reference: Pub. Resources Code, § 21080.25.)
Item: 12
117
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-12 ©Best Best & Krieger LLP r) S) RESTRIPING STREETS AND HIGHWAYS FOR BICYCLE LANES.

CEQA does not apply to a bicycle transportation plan for an urbanized area for the restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and the related signage for bicycles, pedestrians, and vehicles.

Before determining that a project is exempt pursuant to this section, the Lead Agency must hold noticed public hearings in areas affected by the bicycle transportation plan to hear and respond to public comments. Publication of the notice must comply with Government Code section 6061 and be in a newspaper of general circulation in the area affected by the proposed project.

This exemption shall remain in effect only until January 1, 2030, and as of that date it will be repealed.
(Reference: Pub. Resources Code, § 20180.20.)
s) T) SMALL DISADVANTAGED COMMUNITY WATER SYSTEM AND STATE SMALL WATER SYSTEM.

CEQA does not apply to certain water infrastructure projects that primarily benefit a “small disadvantaged community water system” or a “state small water system,” as these terms are defined in Public Resources Code section 21080.47. If certain labor requirements and other conditions are met as set forth in Public Resources Code section 21080.47, the installation, repair, or construction of the following for the benefit of a small disadvantaged community water system or state small water system is exempt from CEQA:
(1) Drinking water groundwater wells with a maximum flow rate of up to 250 gallons per minute;
(2) Drinking water treatment facilities with a footprint of less than 2,500 square feet that are not located in an environmentally sensitive area; (3) Drinking water storage tanks with a capacity of up to 250,000 gallons; (4) Booster pumps and hydropneumatic tanks;
(5) Pipelines of less than one mile in length in a road right-of-way or up to seven miles in length in a road right-of-way when the project is required to address threatened or current drinking water violations;
(6) Water services lines; and
Item: 12
118
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-13 ©Best Best & Krieger LLP (7) Minor drinking water system appurtenances, including, but not limited to, system and service meters, fire hydrants, water quality sampling stations, valves, air releases and vacuum break valves, emergency generators, backflow prevention devices, and appurtenance enclosures. (Reference: Pub. Resources Code, § 21080.47.)
t) CONSERVATION AND RESTORATION OF CALIFORNIA NATIVE FISH AND WILDLIFE.
(i) CEQA does not apply to a project that is exclusively one of the following (though a project may exclusively be one of the following even if it has incidental public benefits, such as public access or recreation) and meets the criteria set forth in subdivision (b) of this section:
(1) A project to conserve, restore, protect, or enhance, and assist in the recovery of California native fish and wildlife, and the habitat upon which they depend.
(2) A project to restore or provide habitat for California native fish and wildlife.
(ii) This section does not apply to a project unless the project does both of the following:
(1) Results in long-term net benefits to climate resiliency, biodiversity, and sensitive species recovery; and
(2) Includes procedures and ongoing management for the protection of the environment.
(iii) This section does not apply to a project that includes construction activities, except for construction activities solely related to habitat restoration. (iv) The lead agency shall obtain the concurrence of the Director of Fish and Wildlife for the determinations required pursuant to subdivisions (a) through (c) above.
(v) Within 48 hours of making a determination that a project is exempt pursuant to this section, the lead agency shall file a Notice of Exemption with the Office of Planning and Research, and the Department of Fish and Wildlife must post the concurrence of the Director of Fish and Wildlife on the department’s website.

This exemption is in effect until January 1, 2025.
(Pub. Resources Code, § 21080.56.)
Item: 12
119
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-14 ©Best Best & Krieger LLP u) LINEAR BROADBAND DEPLOYMENT IN A RIGHT-OF-WAY.
(i) CEQA does not apply to a project that consists of linear broadband deployment in a right-of-way if the project meets all of the following conditions:
(1) The project is located in an area identified by the Public Utilities Commission as a component of the statewide open-access middle- mile broadband network pursuant to Section 11549.54 of the Government Code.
(2) The project is constructed along, or within 30 feet of, the right-of- way of any public road or highway.
(3) The project is either deployed underground where the surface area is restored to a condition existing before the project or placed aerially along an existing utility pole right-of-way.
(4) The project incorporates, as a condition of project approval, measures developed by the Public Utilities Commission or the Department of Transportation to address potential environmental impacts. At a minimum, the project shall be required to include monitors during construction activities and measures to avoid or address impacts to cultural and biological resources.
(5) The project applicant agrees to comply with all conditions otherwise authorized by law, imposed by the planning department of a city or county as part of a local agency permit process, that are required to mitigate potential impacts of the proposed project, and to comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), as applicable, other applicable state laws, and all applicable federal laws.
(ii) If a project meets all of the requirements of subdivision (i), the project applicant shall do all of the following:
(1) Notify, in writing, any affected public agency, including, but not limited to, any public agency having permit, land use,
environmental, public health protection, or emergency response authority, of the exemption of the project pursuant to this section. (2) File a Notice of Exemption.

Item: 12
120
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-15 ©Best Best & Krieger LLP (3) In the case of private rights-of-way over private property, receive from the underlying property owner permission for access to the property.
(4) Comply with all conditions authorized by law imposed by the planning department of a city or county as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and otherwise comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), as applicable, other applicable state laws, and all applicable federal laws.
(Reference: Pub. Resources Code, § 21080.51.)
v) NEEDLE AND SYRINGE EXCHANGE SERVICES.

The Legislature has authorized cities and counties meeting certain requirements to apply to the State Department of Public Health for authorization to provide hypodermic needle and syringe exchange services consistent with state standards in any location where the State Department of Public Health determines that the conditions exist for the rapid spread of human immunodeficiency virus (HIV), viral hepatitis, or any other potentially deadly or disabling infections that are spread through the sharing of used hypodermic needles and syringes. (Health and Safety Code, § 121349.) Needle and syringe exchange services application submissions, authorizations, and operations performed pursuant to Health and Safety Code section 121349 are exempt from review under CEQA. (Health and Safety Code, § 121349(h).) t)w) OTHER SPECIFIC EXEMPTIONS
CEQA and the State CEQA Guidelines exempt many other specific activities, including early activities related to thermal power plants, ongoing projects, transportation improvement programs, family day care homes, congestion management programs, railroad grade separation projects, restriping of streets or highways to relieve traffic congestion, hazardous or volatile liquid pipelines, and the installation of solar energy systems, including, but not limited to solar panels.

Specific statutory exemptions are listed in the Public Resources Code, including Sections 21080 through 21080.35, and in the State CEQA Guidelines, including Sections 15260 through 15285. u)x) CATEGORICAL EXEMPTIONS
The State CEQA Guidelines establish certain classes of categorical exemptions. These apply to classes of projects which have been determined not to have a significant effect on the environment and which, therefore, are generally exempt from CEQA. Compliance with the requirements of CEQA or the preparation of environmental documents for any project which comes within one of these classes of categorical exemptions is not required. (Refer to the State CEQA Guidelines for the full description of each exemption is recommended.) Item: 12
121
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-16 ©Best Best & Krieger LLP The City Council hereby finds those classes of activities set forth in Sections 15301 through 15333 of the State CEQA Guidelines to be categorically exempt, unless they are subject to one of the following exceptions:
(1) Location. Classes 3, 4, 5, 6, and 11 of the categorical exemptions established by the State CEQA Guidelines are qualified by consideration of the location of the project. A project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Therefore, these exemptions are considered to apply to all projects except those that may result in an impact on an environmental resource of hazardous or critical concern which has been designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
(2) Cumulative Impact. All classes of categorical exemptions are qualified. These exemptions are inapplicable when the cumulative impact of successive projects of the same type in the same place over time is significant or when there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. For example, annual additions to an existing building that would normally be exempt under Class I of the State CEQA Guidelines might not be exempt if the cumulative impacts of these additions is, over time, significant.
(3) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. (4) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.
(5) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
(6) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of an historical resource.

However, a project’s greenhouse gas emissions do not, in and of themselves, cause an exemption to be inapplicable if the project otherwise complies with all applicable regulations or requirements adopted to implement statewide, regional, or local plans consistent with State CEQA Guidelines section 15183.5.
v)y) PIPELINES WITHIN A PUBLIC RIGHT-OF-WAY AND LESS THAN ONE MILE IN LENGTH.

Projects that are for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline and that are:

Item: 12
122
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-17 ©Best Best & Krieger LLP (1) in the public street or highway or any other public right-of-way; and (2) less than one mile in length
shall be exempt from CEQA requirements.
“Pipeline” means facilities but does not include any surface facility related to the operation of the underground facility.
(Reference: Public Resources Code, § 21080.21.)
w)z) PIPELINES LESS THAN EIGHT MILES IN LENGTH.

Projects that are for the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline, or any valve, flange, meter, or other piece of equipment that is directly attached to the pipeline shall be exempt from CEQA requirements if all of the following conditions are met:
(1) The project is less than eight miles in length.
(2) Notwithstanding the project length, actual construction and excavation activities undertaken to achieve the maintenance, repair, restoration, reconditioning, relocation, replacement, or removal of an existing pipeline are not undertaken over a length of more than one-half mile at any one time.
(3) The project consists of a section of pipeline that is not less than eight miles from any section of pipeline that has been subject to an exemption pursuant to this section in the past 12 months.
(4) The project is not solely for the purpose of excavating soil that is contaminated by hazardous materials, and, to the extent not otherwise expressly required by law, the party undertaking the project immediately informs the lead agency of the discovery of contaminated soil.
(5) To the extent not otherwise expressly required by law, the person undertaking the project has, in advance of undertaking the project, prepared a plan that will result in notification of the appropriate agencies so that they may take action, if determined to be necessary, to provide for the emergency evacuation of members of the public who may be located in close proximity to the project. (6) Project activities are undertaken within an existing right-of-way and the right-of- way is restored to its condition prior to the project.
(7) The project applicant agrees to comply with all conditions otherwise authorized by law, imposed by the city or county planning department as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and to otherwise comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and other applicable state laws, and with all applicable federal laws.

If a project meets all of the requirements for this exemption, the person undertaking the project shall do all of the following:

Item: 12
123
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-18 ©Best Best & Krieger LLP (1) Notify, in writing, any affected public agency, including, but not limited to, any public agency having permit, land use, environmental, public health protection, or emergency response authority of this exemption.
(2) Provide notice to the public in the affected area in a manner consistent with paragraph (3) of Public Resources Code section 21092(b). (3) In the case of private rights-of-way over private property, receive from the underlying property owner permission for access to the property. (4) Comply with all conditions otherwise authorized by law, imposed by the city or county planning department as part of any local agency permit process, that are required to mitigate potential impacts of the proposed project, and otherwise comply with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and other applicable state laws, and with all applicable federal laws.

This exemption does not apply to a project in which the diameter of the pipeline is increased or a project undertaken within the boundaries of an oil refinery.

For purposes of this exemption, the following definitions apply:
(1) “Pipeline” includes every intrastate pipeline used for the transportation of hazardous liquid substances or highly volatile liquid substances, including a common carrier pipeline, and all piping containing those substances located within a refined products bulk loading facility which is owned by a common carrier and is served by a pipeline of that common carrier, and the common carrier owns and serves by pipeline at least five such facilities in the state. “Pipeline” does not include the following:
a. An interstate pipeline subject to Part 195 of Title 49 of the Code of Federal Regulations.
b. A pipeline for the transportation of a hazardous liquid substance in a gaseous state.
c. A pipeline for the transportation of crude oil that operates by gravity or at a stress level of 20 percent or less of the specified minimum yield strength of the pipe.
d. Transportation of petroleum in onshore gathering lines located in rural areas. e. A pipeline for the transportation of a hazardous liquid substance offshore located upstream from the outlet flange of each facility on the Outer Continental Shelf where hydrocarbons are produced or where produced hydrocarbons are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream.
f. Transportation of a hazardous liquid by a flow line. g. A pipeline for the transportation of a hazardous liquid substance through an onshore production, refining, or manufacturing facility, including a storage or in plant piping system associated with that facility.

Item: 12
124
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-19 ©Best Best & Krieger LLP h. Transportation of a hazardous liquid substance by vessel, aircraft, tank truck, tank car, or other vehicle or terminal facilities used exclusively to transfer hazardous liquids between those modes of transportation. (Reference: State CEQA Guidelines, § 15284.)
x)aa) CERTAIN RESIDENTIAL HOUSING PROJECTS
CEQA does not apply to the construction, conversion, or use of residential housing if the project meets all of the general requirements described in Section (i) below and satisfies the specific requirements for any one of the following three categories: (1) agricultural housing (Section (ii) below); (2) affordable housing projects in urbanized areas (Section (iii) below); or (3) affordable housing projects near major transit stops (Section (iv) below). i) General Requirements. The construction, conversion, or use of residential housing units affordable to low-income households located on an infill site in an urbanized area is exempt from CEQA if all of the following general requirements are satisfied:
(1) The project is consistent with:
(1) Any applicable general plan, specific plan, or local coastal program, including any mitigation measures required by
such plan or program, as that plan or program existed on the date that the application was deemed complete;
(2) Any applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed
complete. However, the project may be inconsistent with zoning if the zoning is inconsistent with the general plan and the project site has not been rezoned to conform to the general plan;
(3) Community level environmental review has been adopted or certified;
(4) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has
committed to pay, all applicable in-lieu or development fees;
(5) The project site meets all of the following four criteria relating to biological resources:
(a) The project site does not contain wetlands;
(b) The project site does not have any value as a wildlife habitat;
Item: 12
125
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-20 ©Best Best & Krieger LLP (c) The project does not harm any species protected by
the federal Endangered Species Act of 1973, the
Native Plant Protection Act, or the California
Endangered Species Act; and
(d) The project does not cause the destruction or
removal of any species protected by a local
ordinance in effect at the time the application for the project was deemed complete;
(6) The site is not included on any list of facilities and sites compiled pursuant to Government Code section 65962.5;
(7) The project site is subject to a preliminary endangerment assessment prepared by a registered environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. In addition, the following steps must have been taken in response to the results of this assessment:
(a) If a release of a hazardous substance is found to
exist on the site, the release shall be removed or any
significant effects of the release shall be mitigated
to a level of insignificance in compliance with state
and federal requirements; or
(b) If a potential for exposure to significant hazards
from surrounding properties or activities is found to
exist, the effects of the potential exposure shall be
mitigated to a level of insignificance in compliance
with state and federal requirements;
(8) The project does not have a significant effect on historical resources pursuant to Section 21084.1 of the Public
Resources Code (See Local Guidelines Section 11.28);
(9) The project site is not subject to wildland fire hazard, as determined by the Department of Forestry and Fire
Protection; unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard;
(10) The project site does not have an unusually high risk of fire or explosion from materials stored or used on nearby
properties;
Item: 12
126
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-21 ©Best Best & Krieger LLP (11) The project site does not present a risk of a public health exposure at a level that would exceed the standards
established by any state or federal agency; and
(12) Either the project site is not within a delineated earthquake fault zone, or a seismic hazard zone, as determined pursuant to Section 2622 and 2696 of the Public Resources Code
respectively, or the applicable general plan or zoning
ordinance contains provisions to mitigate the risk of an earthquake or seismic hazard:
(i) Either the project site does not present a landslide hazard, flood plain, flood way, or restriction zone,
or the applicable general plan or zoning ordinance
contains provisions to mitigate the risk of a
landslide or flood.
(ii) The project site is not located on developed open
space;
(iii) The project site is not located within the boundaries of a state conservancy;
(iv) The project site has not been divided into smaller projects to qualify for one or more of the
exemptions for affordable housing, agricultural
housing, or residential infill housing projects found
in the subsequent sections; and
(v) The project meets the requirements set forth in
either Public Resources Code sections 21159.22,
21159.23 or 21159.24.
(Reference: State CEQA Guidelines, § 15192.)
ii) Specific Requirements for Agricultural Housing. CEQA does not apply to the construction, conversion, or use of residential housing for agricultural employees that meets all of the general requirements described above in Section (3)(n)(i) and meets the following additional criteria:
(1) The project either:
(a) Is affordable to lower income households, lacks
public financial assistance, and the developer has
provided sufficient legal commitments to the City to
ensure the continued availability and use of the
Item: 12
127
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-22 ©Best Best & Krieger LLP housing units for lower income households for a
period of at least fifteen (15) years; or
(b) If public financial assistance exists for the project, then the project must be housing for very low, low,
or moderate-income households and the developer
of the project has provided sufficient legal
commitments to the appropriate local agency to
ensure the continued availability and use of the
housing units for low- and moderate-income
households for a period of at least fifteen (15) years; (2) The project site is adjacent on at least two sides to land that has been developed and the project consists of not more than forty-five (45) units or provides dormitories, barracks, or other group-living facilities for a total of forty-five (45) or fewer agricultural employees, and either:
(a) The project site is within incorporated City limits or within a census-defined place with a minimum
population density of at least five thousand (5,000)
persons per square mile; or
(b) The project site is within incorporated City limits or within a census- defined place and the minimum
population density of the census-defined place is at
least one thousand (1,000) persons per square mile,
unless the Lead Agency determines that there is a
reasonable possibility that the project, if completed,
would have a significant effect on the environment
due to unusual circumstances or that the cumulative
effects of successive projects of the same type in the
same area would, over time, be significant;
(3) If the project is located on a site zoned for general agricultural use, it must consist of twenty (20) or fewer units, or, if the housing consists of dormitories, barracks, or other group-living facilities, the project must not provide housing for more than twenty (20) agricultural employees; and
(4) The project is not more than two (2) acres in area if the project site is located in an area with a population density of at least one thousand (1,000) persons per square mile, and is not more than five (5) acres in area for all other project sites.
(Reference: Pub. Resources Code, §§ 21084, 21159.22; State CEQA Guidelines, §§ 15192, 15193.)
Item: 12
128
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-23 ©Best Best & Krieger LLP iii) Specific Requirements for Affordable Housing Projects in Urbanized Areas. CEQA does not apply to any development project that consists of the construction, conversion, or use of residential housing consisting of one hundred (100) or fewer units that are affordable to low-income households if all of the general requirements described in Section (i) above are satisfied and the following additional criteria are also met:
(1) The developer of the project provides sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for lower income households for a period of at least thirty (30) years, at monthly housing costs deemed to be “affordable rent” for lower income, very low income, and extremely low income households, as determined pursuant to Section 50053 of the Health and Safety Code;
(2) The project site:
(a) Has been previously developed for qualified urban
uses;
(b) Is immediately adjacent to parcels that are
developed with qualified urban uses; or
(c) At least 75% of the perimeter of the site adjoins
parcels that are developed with qualified urban uses
and the remaining 25% of the perimeter of the site
adjoins parcels that have previously been developed
for qualified urban uses, the site has not been
developed for urban uses and no parcel within the
site has been created within ten (10) years prior to
the proposed development of the site;
(3) The project site is not more than five (5) acres in area; and (4) The project site meets one of the following requirements regarding population density:
(a) The project site is within an urbanized area or within a census-defined place with a population density of
at least five thousand (5,000) persons per square
mile; or
(b) If the project consists of fifty (50) or fewer units, the project site is within an incorporated city with a
population density of at least twenty-five hundred
(2,500) persons per square mile and a total
population of at least twenty-five thousand (25,000)
persons; or
Item: 12
129
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-24 ©Best Best & Krieger LLP (c) The project site is within either an incorporated city or a census-defined place with a population density
of one thousand (1,000) persons per square mile,
unless there is a reasonable possibility that the
project would have a significant effect on the
environment due to unusual circumstances or due to
the related or cumulative impacts of reasonably
foreseeable projects in the vicinity of the project.
(Reference: Pub. Resources Code, §§ 21083, 21159.23; State CEQA Guidelines, § 15194.)
iv) Specific Requirements for Affordable Housing Projects Near Major Transit Stops.
(1) Except as provided in subdivision (b), CEQA does not apply to a project if all of the following criteria are met:
(a) The project is a residential project on an infill site. (b) The project is located within an urbanized area.
(c) The project satisfies the criteria of Section 21159.21. (d) Within five years of the date that the application for the project is deemed complete pursuant to Section 65943
of the Government Code, community-level
environmental review was certified or adopted.
(e) The site of the project is not more than four acres in total area.
(f) The project does not contain more than 100 residential units.
(g) Either of the following criteria (subdivision i or
subdivision ii) are met:
(i) (A) At least 10 percent of the housing is
sold to families of moderate income,
or not less than 10 percent of the
housing is rented to families of low
income, or not less than 5 percent of
the housing is rented to families of
very low income; a
(B) The project developer provides
sufficient legal commitments to the
Item: 12
130
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-25 ©Best Best & Krieger LLP appropriate local agency to ensure
the continued availability and use of
the housing units for very low, low-,
and moderate-income households at
monthly housing costs determined
pursuant to paragraph (3) of the
subdivision (h) of Section 65589.5 of
the Government Code.
(ii) The project developer has paid or will pay
in-lieu fees pursuant to a local ordinance
in an amount sufficient to result in the
development of an equivalent number of
units that would otherwise be required
pursuant to subparagraph 7g(i) above.
(h) The project is within one-half mile of a major
transit stop.
(i) The project does not include any single level
building that exceeds 100,000 square feet.
(j) The project promotes higher density infill
housing. A project with a density of at least 20
units per acre shall be conclusively presumed to
promote higher density infill housing. A project
with a density of at least 10 units per acre and a
density greater than the average density of the
residential properties within 1,500 feet shall be
presumed to promote higher density housing
unless the preponderance of the evidence
demonstrates otherwise.
(2) Notwithstanding subdivision (1) above, the Exemption for Affordable Housing Projects near Major Transit Stops does not apply if any one of the following criteria is met:
(a) There is a reasonable possibility that the project will have a project-specific, significant effect on the
environment due to unusual circumstances;
(b) Substantial changes have occurred since
community-level environmental review was
adopted or certified with respect to the
circumstances under which the project is being
undertaken, and those changes are related to the
project; or
Item: 12
131
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ACTIVITIES EXEMPT FROM CEQA 20212022 City of Lake Forest Guidelines 3-26 ©Best Best & Krieger LLP (c) New information regarding the circumstances under
which the project is being undertaken has become
available, and that new information is related to the
project and was not known and could not have been
known at the time of the community-level
environmental review;.
(2) If a project satisfies the criteria described above in Section 3)y)iv)(1), but is not exempt from CEQA as a result of satisfying the criteria described in Section 3)y)iv)(2), the analysis of the environmental effects of the project in the EIR or the negative declaration for the project shall be limited to an analysis of the project-specific effects of the project and any effects identified pursuant to Paragraph b or c of Section 3)y)iv)(2), above. (Reference: Pub. Resources Code, §§ 21083, 21159.24; State CEQA Guidelines, § 15195.)
v) Whenever the Lead Agency determines that a project is exempt from environmental review based on Public Resources Code section 21159.22 [Section 3)u)(ii) of these Guidelines], 21159.23 [Section 3)u)(iii) of these Guidelines], or 21159.24 [Section 3)u)(iv) of these Guidelines], Staff and/or the proponent of the project shall file a Notice of Exemption with the Office of Planning and Research within five (5) working days after the approval of the project.
(Reference: State CEQA Guidelines, § 15196.)
y)bb) MINOR ALTERATIONS TO FLUORIDATE WATER UTILITIES
Minor alterations to water utilities made for the purpose of complying with the fluoridation requirements of Health and Safety Code sections 116410 and 116415 or regulations adopted thereunder are exempt from CEQA.
(Reference: State CEQA Guidelines, § 15282(m).)
Item: 12
132
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) TIME LIMITATIONS 20212022 City of Lake Forest Guidelines 4-1 ©Best Best & Krieger LLP 4) TIME LIMITATIONS
a) TIME LIMITS FOR REVIEW OF PRIVATE PROJECT APPLICATIONS Staff shall determine whether the application for a private project is complete within thirty (30) days of receipt of the application. No application may be deemed incomplete for lack of a waiver of the time limitations. Accepting an application as complete does not limit the authority of the City, acting as the Lead Agency or Responsible Agency, to require the applicant to submit additional information needed for environmental evaluation of the project. Requiring such additional information after the application is complete does not change the status of the application.

Except as provided in Local Guidelines Section 4)e) the Director shall, within thirty (30) days after accepting an application for a private project as complete, determine whether it is necessary to prepare an EIR or a Negative Declaration, and, if so, whether a previously prepared environmental document may be used. The thirty (30) day period may be extended fifteen (15) days upon the consent of both the Director and the project applicant. (Reference: State CEQA Guidelines, § 15101.)
b) FEES
If a project is to be carried out by any person or entity other than the City, the Director may collect a reasonable fee from such person or entity to recover the estimated costs incurred in preparing an EIR or Negative Declaration. Fees shall be paid in accordance with the Lake Forest Municipal Code.
c) COMPLETION AND ADOPTION OF NEGATIVE DECLARATION OR COMPLETION

AND CERTIFICATION OF EIR
For private projects involving the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies, the decision making body shall either:
(1) Complete and approve a Negative Declaration within one-hundred eighty (180) days from the date the application is accepted as complete; or, (2) Complete and certify the Final EIR within one (1) year from the date the application is accepted as complete. In the event that compelling circumstances justify additional time, the City Council may provide a one-time extension of the one (1) year time limit for up to ninety (90) days, upon consent of the Director and the applicant.

When warranted by circumstances, and at the request of the project applicant, the Director may grant a reasonable extension of the time periods contained in this section. (Reference: State CEQA Guidelines, § 15107.)
Item: 12
133
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) TIME LIMITATIONS 20212022 City of Lake Forest Guidelines 4-2 ©Best Best & Krieger LLP d) PROJECTS SUBJECT TO THE PERMIT STREAMLINING ACT
The Permit Streamlining Act requires agencies to make decisions on certain development project approvals within specified time limits. If a project is subject to the Act, the City cannot require the project applicant to submit the informational equivalent of an EIR or prove compliance with CEQA as a prerequisite to determining whether the project application is complete. In addition, if requested by the project applicant, the City must begin processing the project application prior to final CEQA action, provided the information necessary to begin the process is available.
(Reference: Gov. Code §§ 65941, 65944.)
Under the Permit Streamlining Act, the City as Lead Agency must approve or disapprove the development project application within one hundred eighty (180) days from the date on which it certifies the EIR, or within ninety (90) days of certification if an extension for completing and certifying the EIR was granted. The Permit Streamlining Act’s time periods for complying with CEQA do not apply when:
(1) The project will be subject to the National Environmental Policy Act (NEPA); (2) Additional time will be required to prepare a combined EIR/EIS or a combined Negative Declaration/Finding of No Significant Impact (FONSI) as provided in Section 15221 of the State CEQA Guidelines; and,
(3) The time required to prepare such a combined document would be less than the time required to prepare each document separately.
(Reference: Gov. Code, §§ 65951, 65957.)
The time limits for processing permits for development projects under Government Code sections 65950-65960 shall not apply if federal statutes or regulations require time schedules which exceed the state limits. In this event, the City shall make a final decision on the project within the time limits set forth by federal law (if any).

Unless one of these two exceptions is met, the City cannot require a waiver of the time limits specified in the Permit Streamlining Act as a condition of accepting or processing a development project application. In addition, the City cannot disapprove a development project application in order to comply with the time limits specified in the Permit Streamlining Act. (Reference: Gov. Code §§ 65940.5, 65952.2.)
e) PROJECTS, OTHER THAN THOSE SUBJECT TO THE PERMIT STREAMLINING ACT,

WITH SHORT TIME PERIODS FOR APPROVAL
A few statutes require agencies to make decisions on project applications within time limits that are so short that review of the project under CEQA would be difficult. To enable the City as Lead Agency to comply with both the enabling statute and CEQA, the City shall deem a project application as not received for filing under the enabling statute until such time as the environmental documentation required by CEQA is complete. This section applies where all of the following conditions are met:

Item: 12
134
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) TIME LIMITATIONS 20212022 City of Lake Forest Guidelines 4-3 ©Best Best & Krieger LLP (1) The enabling statute for a program, other than development projects under Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, requires the City to take action on an application within a specified period of time of six (6) months or less;
(2) The enabling statute provides that the project is approved by operation of law if the City fails to take any action within the specified time period; and (3) The project application involves the City’s issuance of a lease, permit, license, certificate or other entitlement for use.

In any case, the environmental document shall be completed or certified and the decision on the application shall be made within the period established by the Permit Streamlining Act (Government Code sections 65920, et seq.).
(Reference: State CEQA Guidelines, § 15111.)
f) SUSPENSION OF TIME PERIODS
An unreasonable delay by an applicant in meeting the City’s requests necessary for the preparation of a Negative Declaration, Mitigated Negative Declaration, or an EIR shall suspend the running of the time periods described in Local Guidelines Section 4)a) for the period of the unreasonable delay. Alternatively, the Director may disapprove a project application where there is unreasonable delay in meeting requests. The Director may also allow a renewed application to begin at the same point in the process where the prior application was when it was disapproved. (Reference: State CEQA Guidelines, §§ 15109, 15110, and 15224 .) Item: 12
135
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-1 ©Best Best & Krieger LLP 5) INITIAL STUDY
a) PREPARATION OF INITIAL STUDY
If a project is subject to the requirements of CEQA and it is determined that the project is not exempt, the Director will normally cause an Initial Study to be conducted to determine if the project may have a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial. All phases of project planning, implementation and operation must be considered in the Initial Study. The Director should use the Thresholds of Significance in these Local State CEQA Guidelines, and/or any other thresholds that are determined to be relevant, as a guide for evaluating whether a potential environmental effect may be significant.

For City projects for which an Initial Study is prepared, the Initial Study shall be prepared by Staff or by environmental consultants retained by the City pursuant to a contract executed in accordance with the City’s Purchasing and Contract Guidelines. For private projects, the person or entity proposing to carry out the project shall submit all data and information as may be required by the City to determine whether the proposed project may have a significant effect on the environment. All costs incurred by the City in reviewing the data and information submitted, or in conducting its own investigation based upon such data and information, or in preparing an Initial Study for the project shall be borne by the person or entity proposing to carry out the project.

An Initial Study may rely on expert opinion supported by facts, technical studies or other substantial evidence. However, an Initial Study is neither intended nor required to include the level of detail included in an EIR.

If it is determined that an EIR will be required for a project, then the City may immediately dispense with the Initial Study and begin directly on the EIR; the Initial Study need not be completed unless Staff desires to use it to focus the scope of the EIR.

All phases of project planning, implementation, and operation must be considered in the Initial Study.
(Reference: State CEQA Guidelines, §§ 15063, 15084.)
b) DEPOSIT FOR INITIAL STUDY
In order to commence the Initial Study preparation process, the project applicant shall deposit with the City an initial deposit of $6,500. Following the selection of an environmental Consultant for preparation of the Initial Study, if necessary, the applicant shall deposit an amount equal to the contracted cost to complete the Initial Study plus any fees required by the City. The Director shall use the applicant’s deposits to pay for work completed by the Consultant and for all City costs in reviewing, revising, and processing the same. Following completion of the Initial Study, the Development Services Department, in conjunction with the Finance Department, shall undertake a final accounting for the Initial Study task. In the event the amount of the deposit exceeds the City’s costs for the Initial Study task, including all consulting, staff, legal, and publishing costs, a refund in the amount of the excess shall be provided to the project applicant.

Item: 12
136
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-2 ©Best Best & Krieger LLP In the event such costs exceed the project applicant’s deposit for the Initial Study task, the City shall bill the project applicant for the overage.
c) USE OF THE INITIAL STUDY
The purposes of an Initial Study are to:
(1) Identify environmental impacts;
(2) Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is written;
(3) Focus an EIR, if one is required, on potentially significant environmental effects; (4) Facilitate environmental assessment early in the design of a project; (5) Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment; (6) Eliminate unnecessary EIRs; and
(7) Determine whether a previously prepared EIR could be used for the project.

The Initial Study shall be used to provide information to use as the basis for the determination of whether a Negative Declaration or an EIR shall be prepared for a project. The Initial Study shall also be used to identify whether a Program EIR, tiering, or another appropriate process can be used for analysis of the project’s environmental effects.

The Director shall use the Initial Study to determine whether or not a project may have a significant effect on the environment. When there is no substantial evidence to support a fair argument that the project or any of its aspects may cause a significant effect on the environment which cannot be reduced below the level of significance by revision of the project plans or other mitigation measures, the Director shall cause a Negative Declaration to be prepared. When a project is revised so that potential adverse effects are mitigated to a point where no significant environmental effects will occur, a Mitigated Negative Declaration shall be prepared instead of an EIR. When the Initial Study concludes that no EIR is necessary, the Study shall also provide documentation of the factual basis for the finding that the project will not have a significant effect on the environment.

If there is substantial evidence that any aspect of the project, either individually or cumulatively, has the potential to cause a significant effect on the environment, which cannot be reduced below the level of significance by revision of the project plans or other mitigation measures, then an EIR must be prepared. The EIR shall emphasize study of the impacts determined to be significant and can omit further examination of those impacts found to be clearly insignificant in the Initial Study. The Director shall determine whether a previously certified Program EIR such as the General Plan EIR, tiering, or another appropriate process can be used for analysis of the project’s environmental effects.
(Reference: State CEQA Guidelines, § 15063.)
Item: 12
137
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-3 ©Best Best & Krieger LLP d) CONTENTS OF INITIAL STUDY
An Initial Study shall contain in brief form:
(1) A description of the project, including the location of the project. The project description must be consistent throughout the environmental review process; (2) An identification of the environmental setting. The environmental setting is usually the existing physical environmental conditions in the vicinity of the project, as they exist at the time the Notice of Preparation is published, or if no Notice of Preparation is published, such as in the case of a Negative Declaration or Mitigated Negative Declaration, at the time environmental analysis begins.

The environmental setting should describe both the project site and surrounding properties. The description should include, but not necessarily be limited to, a discussion of existing structures, land use, energy supplies, topography, water usage, soil stability, plants and animals, and any cultural, historical, or scenic aspects. This environmental setting will normally constitute the baseline physical conditions against which a Lead Agency may compare the project to determine whether an impact is significant;
(3) An identification of environmental effects by use of a checklist, matrix, or other method, provided that entries are briefly explained to show the evidence supporting the entries. The brief explanation may be through either a narrative or a reference to other information such as attached maps, photographs, or an earlier EIR, Mitigated Negative Declaration, or Negative Declaration. A reference to another document should include a citation to the page or pages where the information is found;
(4) A discussion of ways to mitigate any significant effects identified; (5) An examination of whether the project is consistent with existing zoning and local land use plans and other applicable land use controls; (6) The name of the person or persons who prepared or participated in the Initial Study;
(7) A summary of any comments regarding the project received from Responsible Agencies, Trustee Agencies or other persons; and
(8) Identification of prior EIRs or environmental documents which could be used with the project.

To meet the requirements of this Section, the Director may use an Environmental Assessment or similar analysis prepared pursuant to the National Environmental Policy Act, as long as the document used meets the minimum requirements of CEQA. (Reference: State CEQA Guidelines, § 15063(d).)
e) SUBMISSION OF DATA
Any person may submit information in any form to the Director to assist in the preparation of an Initial Study.

Item: 12
138
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-4 ©Best Best & Krieger LLP f) FORMAT; USE OF A CHECKLIST INITIAL STUDY
Forms for an applicant’s project description and a review form for use by the Director shall be provided by the Development Services Department. (See Environmental Checklist (Form “J”).) When used together and properly completed, these forms shall be presumed to meet the requirements for an Initial Study unless there is substantial evidence indicating that other environmental impact(s) must be analyzed for the particular project.

California courts have rejected the use of a bare, unsupported Initial Study checklist. An Initial Study must contain more than mere conclusions. The entries on the checklist should be briefly explained. Either the Environmental Checklist (Form “J”) should be expanded or a separate attachment should be prepared to describe the project, including its location, and to identify the environmental setting. These forms shall provide for a substantive, written description of the project and its potential effects.

The Initial Study must disclose supporting data or evidence upon which the City relied in conducting the Study. The City shall augment checklists with supporting factual data and reference information sources when completing the forms. Explanation of all “potential impact” answers should be provided on attached sheets. For controversial projects, it is advisable to state briefly why “no” answers were checked. If practicable, attach a list of reference materials, such as prior EIRs, plans, traffic studies, air quality data, or other supporting studies. g) CONSULTATION
When more than one public agency will be involved in undertaking or approving a project, the Development Services Department shall consult with all Responsible Agencies and all Trustee Agencies. Such consultation shall be undertaken as part of the Initial Study process prior to determining whether an EIR, Mitigated Negative Declaration or Negative Declaration is required for the project.

This early consultation, which may be done quickly and informally, is designed to ensure that the EIR, Negative Declaration or Mitigated Negative Declaration will reflect the concerns of all Responsible Agencies that will issue approvals for the project and all Trustee Agencies responsible for natural resources affected by the project. It may include consultation with other individuals or organizations with an interest in the project. The Office of Planning and Research, upon request of the City or a private project applicant, shall assist in identifying the various Responsible Agencies for a proposed project and ensure that the Responsible Agencies are notified regarding any early consultation. In the case of a project undertaken by a public agency, the Office of Planning and Research, upon request of the City, shall ensure that any Responsible Agency or public agency that has jurisdiction by law with respect to the project is notified regarding any early consultation.

During or immediately after preparation of an Initial Study for a private project, the Development Services Department may consult with the applicant to determine if the applicant is willing to modify the project to reduce or avoid the significant effects identified in the Initial Study.

If the project can be revised to avoid or mitigate effects to a level of insignificance and there is no substantial evidence before the City that the project, as revised, may have a significant effect on Item: 12
139
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-5 ©Best Best & Krieger LLP the environment, the City may prepare and adopt a Negative Declaration. If any significant effect may still occur despite alterations of the project, an EIR must be prepared. h) EVALUATING SIGNIFICANT ENVIRONMENTAL EFFECTS
In evaluating the environmental significance of effects disclosed by the Initial Study, the City shall consider:
(1) Whether the Initial Study and/or any comments received informally during consultations indicate that a fair argument can be made that the project may have a significant adverse environmental impact which cannot be mitigated to a level of insignificance. Even if a fair argument can be made to the contrary, an EIR should be prepared;
(2) Whether both primary (direct) and reasonably foreseeable secondary (indirect) consequences of the project were evaluated. Primary consequences are immediately related to the project, while secondary consequences are related more to the primary consequences than to the project itself. For example, secondary impacts upon the resources base, including land, air, water and energy use of an area, may result from population growth, a primary impact; (3) Whether adverse social and economic changes will result from a physical change caused by the project. Adverse economic and social changes resulting from a project are not, in themselves, significant environmental effects. However, if such adverse changes cause physical changes in the environment, those consequences may be used as the basis for finding that the physical change is significant;
(4) Whether there is serious public controversy or disagreement among experts over the environmental effects of the project. However, the existence of public controversy or disagreement among experts does not, without more, require preparation of an EIR in the absence of substantial evidence to support a fair argument of significant effects;
(5) Whether the cumulative impact of the project is significant and whether the incremental effects of the project are “cumulatively considerable” when viewed in connection with the effects of past projects, current projects, and probable future projects. The City may conclude that a project’s incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program (including, but not limited to, water quality control plan, air quality attainment or maintenance plan, integrated waste management plan, habitat conservation plan, natural community conservation plan, plans or regulations for the reduction of greenhouse gas emissions) that provides specific requirements that will avoid or substantially lessen the cumulative problem. To be used for this purpose, such a plan or program must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process. In relying on such a plan or program, the City should explain which requirements apply to the project and ensure that the project’s incremental contribution is not cumulatively considerable; and
Item: 12
140
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-6 ©Best Best & Krieger LLP (6) Whether the project may cause a substantial adverse change in the significance of an archaeological or historical resource.
(Reference: State CEQA Guidelines, § 15064(b)(2).)
i) DETERMINING THE SIGNIFICANCE OF TRANSPORTATION IMPACTS.

On or about December 28, 2018, the California Natural Resources Agency added a new section to the State CEQA Guidelines—Section 15064.3, entitled “Determining the Significance of Transportation Impacts.”
Section 15064.3 provides:
(a) Purpose.

This section describes specific considerations for evaluating a project's transportation impacts. Generally, vehicle miles traveled is the most appropriate measure of transportation impacts. For the purposes of this section, “vehicle miles traveled” refers to the amount and distance of automobile travel attributable to a project. Other relevant considerations may include the effects of the project on transit and non-motorized travel. Except as provided in subdivision (b)(2) below (regarding roadway capacity), a project's effect on automobile delay shall not constitute a significant environmental impact.
(b) Criteria for Analyzing Transportation Impacts.
(1) Land Use Projects. Vehicle miles traveled exceeding an applicable threshold of significance may indicate a significant impact. Generally, projects within one-half mile of either an existing major transit stop or a stop along an existing high quality transit corridor should be presumed to cause a less than significant transportation impact. Projects that decrease vehicle miles traveled in the project area compared to existing conditions should be presumed to have a less than significant transportation impact.
(2) Transportation Projects. Transportation projects that reduce, or have no impact on, vehicle miles traveled should be presumed to cause a less than significant transportation impact. For roadway capacity projects, agencies have discretion to determine the appropriate measure of transportation impact consistent with CEQA and other applicable requirements. To the extent that such impacts have already been adequately addressed at a programmatic level, such as in a regional transportation plan EIR, a lead agency may tier from that analysis as provided in Section 15152.
(3) Qualitative Analysis. If existing models or methods are not available to estimate the vehicle miles traveled for the particular project being considered, a lead agency may analyze the project's vehicle miles traveled qualitatively. Such a qualitative analysis would evaluate factors such as the availability of transit, proximity to other Item: 12
141
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-7 ©Best Best & Krieger LLP destinations, etc. For many projects, a qualitative analysis of construction traffic may be appropriate.
(4) Methodology. A lead agency has discretion to choose the most appropriate methodology to evaluate a project's vehicle miles traveled, including whether to express the change in absolute terms, per capita, per household or in any other measure. A lead agency may use models to estimate a project's vehicle miles traveled, and may revise those estimates to reflect professional judgment based on substantial evidence. Any assumptions used to estimate vehicle miles traveled and any revisions to model outputs should be documented and explained in the environmental document prepared for the project. The standard of adequacy in Section 15151 shall apply to the analysis described in this section. (c) Applicability.

The provisions of this section shall apply prospectively as described in section 15007. A lead agency may elect to be governed by the provisions of this section immediately. Beginning on July 1, 2020, the provisions of this section shall apply statewide.
(Reference: State CEQA Guidelines, § 15064.3.)
j) MANDATORY FINDINGS OF SIGNIFICANT EFFECT
Whenever there is substantial evidence, in light of the whole record, that any of the conditions set forth below may occur, the Lead Agency shall find that the project may have a significant effect on the environment and thereby shall require preparation of an EIR:
(1) The project has the potential to substantially 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, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of 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 defined in Local CEQA Guidelines section

11.13. That is, the City is required to determine whether the incremental impacts of a project are cumulatively considerable by evaluating them against the back- drop of the environmental effects of the other projects; or (4) The environmental effects of a project will cause substantial adverse effects on humans either directly or indirectly.

If, before the release of the CEQA document for public review, the potential for triggering one of the mandatory findings of significance is avoided or mitigation measures or project modifications reduce the potentially significant impacts to a point where clearly the mandatory Item: 12
142
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-8 ©Best Best & Krieger LLP finding of significance is not triggered, preparation of an EIR is not mandated. If the project’s potential for triggering one of the mandatory findings of significance cannot be avoided or mitigated to a point where the criterion is clearly not triggered, an EIR shall be prepared, and the relevant mandatory findings of significance shall be used: as thresholds of significance for purposes of preparing the EIR’s impact analysis; in making findings on the feasibility of alternatives or mitigation measures; when found to be feasible, in making changes in the project to lessen or avoid the adverse environmental impacts, and when necessary, in adopting a statement of overriding considerations.

Although an EIR prepared for a project that triggers one of the mandatory findings of significance must use the relevant mandatory findings as thresholds of significance, the EIR need not conclude that the impact itself is significant. Rather, the City must exercise its discretion and determine, on a case-by-case basis after evaluating all of the relevant evidence, whether the project’s environmental impacts are avoided or mitigated below a level of significance or whether a statement of overriding considerations is required.

With regard to a project that has the potential to substantially reduce the number or restrict the range of a protected species, the City does not have to prepare an EIR solely due to that impact, provided the project meets the following three criteria:
(a) The project proponent must be bound to implement mitigation requirements relating to such species and habitat pursuant to an approved habitat conservation plan and/or natural communities conservation plan;
(b) The state or federal agency must have approved the habitat conservation plan and/or natural community conservation plan in reliance on an EIR and/or EIS; and (c) The mitigation requirements must either avoid any net loss of habitat and net reduction in number of the affected species, or preserve, restore, or enhance sufficient habitat to mitigate the reduction in habitat and number of the affected species below a level of significance.
(Reference: State CEQA Guidelines, § 15065.)
k) DEVELOPMENT PURSUANT TO AN EXISTING COMMUNITY PLAN AND EIR Before preparing a CEQA document, Staff should determine whether the proposed project involves development consistent with an earlier zoning or community plan to accommodate a particular density for which an EIR has been certified. If an earlier EIR for the zoning or planning action has been certified, and if the proposed project concerns the approval of a subdivision map or development, CEQA applies only to the extent the project raises environmental effects peculiar to the parcel which were not addressed in the earlier EIR. Off-site and cumulative effects not discussed in the general plan EIR must still be considered. Mitigation measures set out in the earlier EIR should be implemented at this stage.

Environmental effects shall not be considered peculiar to the parcel if uniformly applied development policies or standards have been previously adopted by a city or county with a finding based on substantial evidence that the policy or standard will substantially mitigate the environmental effect when applied to future projects. Examples of uniformly applied development Item: 12
143
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-9 ©Best Best & Krieger LLP policies or standards include, but are not limited to: parking ordinances; public access requirements; grading ordinances; hillside development ordinances; flood plain ordinances; habitat protection or conservation ordinances; view protection ordinances; and requirements for reducing greenhouse gas emissions as set forth in adopted land use plans, policies or regulations.

Any rezoning action consistent with the Community Plan shall be subject to exemption from CEQA in accordance with this section. “Community Plan” means part of a city’s general plan which: (1) applies to a defined geographic portion of the total area included in the general plan; (2) complies with Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code by referencing each of the mandatory elements specified in Government Code section 65302; and (3) contains specific development policies adopted for the area in the Community Plan and identifies measures to implement those policies, so that the policies which will apply to each parcel can be determined.
(Reference: State CEQA Guidelines, § 15183.)
l) LAND USE POLICIES
When a project will amend a general plan or another land use policy, the Initial Study must address how the change in policy and its expected direct and indirect effects will affect the environment. When the amendments constitute substantial changes in policies that result in a significant impact on the environment, an EIR may be required. m) EVALUATING IMPACTS ON HISTORICAL RESOURCES
Projects that may cause a substantial adverse change in the significance of a historical resource, as defined in Local Guidelines Section 11.28, are projects that may have a significant effect on the environment, thus requiring consideration under CEQA. Particular attention and care should be given when considering such projects, especially projects involving the demolition of a historical resource, since such demolitions have been determined to cause a significant effect on the environment.

Substantial adverse change in the significance of a historical resource means physical demolition, destruction, relocation or alteration of the resource or its immediate surroundings, such that the significance of a historical resource would be materially impaired.

The significance of a historical resource is materially impaired when a project:
(1) Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its inclusion in, or eligibility for inclusion in, the California Register of Historical Resources;
(2) Demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources or its identification in a historical resources survey, unless the Lead Agency establishes by a preponderance of evidence that the resource is not historically or culturally significant; or
(3) Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and Item: 12
144
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-10 ©Best Best & Krieger LLP that justify its eligibility for inclusion in the California Register of Historical Resources as determined by the Lead Agency for purposes of CEQA.

Generally, a project that follows either one of the following sets of standards and guidelines will be considered mitigated to a level of less than significant: (a) the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings; or (b) the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and Grimmer.

In the event of an accidental discovery of a possible historical resource during construction of the project, the City may provide for the evaluation of the find by a qualified archaeologist or other professional. If the find is determined to be a historical resource, the City should take appropriate steps to implement appropriate avoidance or mitigation measures. Work on non- affected portions of the project, as determined by the City, may continue during the process.

Curation may be an appropriate mitigation measure for an artifact that must be removed during project excavation or testing.
(Reference: State CEQA Guidelines, § 15064.5.)
n) EVALUATING IMPACTS ON ARCHAEOLOGICAL SITES
When a project will impact an archaeological site, the City shall first determine whether the site is a historical resource, as defined in Local Guidelines Section 11.28. If the archaeological site is a historical resource, it shall be treated and evaluated as such, and not as an archaeological resource. If the archaeological site does not meet the definition of a historical resource, but does meet the definition of a unique archaeological resource set forth in Public Resources Code section 21083.2, the site shall be treated in accordance with said provisions of the Public Resources Code.

The time and cost limitations described in Section 21083.2(c-f) do not apply to surveys and site evaluation activities intended to determine whether the project site contains unique archaeological resources.

If the archaeological resource is neither a unique archaeological resource nor a historical resource, the effects of the project on those resources shall not be considered a significant effect on the environment. It shall be sufficient that both the resource and the effect on it are noted in the Initial Study or EIR, if one is prepared to address impacts on other resources, but they need not be considered further in the CEQA process.
(Reference: State CEQA Guidelines, § 15064.5(c).)
In the event of an accidental discovery of a possible unique archaeological resource during construction of the project, the City may provide for the evaluation of the find by a qualified archaeologist. If the find is determined to be a unique archaeological resource, the City should take appropriate steps to implement appropriate avoidance or mitigation measures. Work on non- affected portions of the project, as determined by the City, may continue during the process.

Curation may be an appropriate mitigation measure for an artifact that must be removed during project excavation or testing.

Item: 12
145
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-11 ©Best Best & Krieger LLP When an Initial Study identifies the existence of, or the probable likelihood of, Native American human remains within the Project, the City shall comply with the provisions of State CEQA Guidelines section 15064.5(d). In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall comply with the provisions of State CEQA Guidelines section 15064.5(e). o) CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT

PROJECTS
i) Projects Subject to Consultation Requirements.

This section applies only to water demand projects as defined by Local Guidelines Section

11.72. A city or county may request that a municipal water provider prepare a water supply assessment to be included in the relevant environmental documentation for the project. Program level environmental review may not need to be as extensive as project level environmental review.

See Local Guidelines Section 8)j).
ii) Water Supply Assessment.

When a city or county as Lead Agency determines the type of environmental document that will be prepared for a water demand project or any project that includes a water demand project, the city or county must identify any public water system that may supply water for the project. The city or county must also request that the public water system determine whether the projected demand associated with the project was included in the most recently adopted Urban Water Management Plan. The city or county must also request that the public water system prepare a specified water supply assessment for approval at a regular or special meeting of the public water system governing body.

If no public water system is identified that may supply water for the water demand project, the city or county shall prepare the water supply assessment. The city or county shall consult with any entity serving domestic water supplies whose service area includes the site of the water demand project, the local agency formation commission, and the governing body of any public water system adjacent to the site of the water demand project. The city council or county board of supervisors must approve the water assessment prepared pursuant to this paragraph at a regular or special meeting.

As per Water Code section 10910, the water assessment must include identification of existing water supply entitlements, water rights, or water service contracts relevant to the water supply for the proposed project and water received in prior years pursuant to those entitlements, rights, and contracts, and further information is required if water supplies include groundwater.

The water assessment must determine the ability of the public water system to meet existing and future demands along with the demands of the proposed water demand project in light of existing and future water supplies. This supply demand analysis is to be conducted via a twenty-year projection, and must assess water supply sufficiency during normal year, single dry year, and multiple dry year hydrology scenarios. If the public water agency concludes that the water supply is, or will be, insufficient, it must submit plans for acquiring additional water supplies.

Item: 12
146
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-12 ©Best Best & Krieger LLP The city or county may grant the public water agency a thirty (30) day extension of time to prepare the assessment if the public water agency requests an extension within ninety (90) days of being asked to prepare the assessment. If the governing body of the public water system fails to request and receive an extension of time, or fails to submit the water assessment notwithstanding the thirty (30) day extension, the city or county may seek a writ of mandamus to compel the governing body of the public water system to comply.

The city or county shall include the water assessment, and any water acquisition plan in the EIR, negative declaration, or mitigated negative declaration, or any supplement thereto, prepared for the project, and may include an evaluation of the water assessment and water acquisition plan information within such environmental document. A discussion of water supply availability should be included in the main text of the environmental document. Normally, this discussion should be based on the data and information included in the water supply assessment.

In making its required findings under CEQA, the city or county shall determine, based on the entire record, whether projected water supplies will be sufficient to satisfy the demands of the project, in addition to existing and planned future uses. If a city or county determines that water supplies will not be sufficient, the city or county shall include that determination in its findings for the project.

The degree of certainty regarding the availability of water supplies will vary depending on the stage of project approval. A Lead Agency should have greater confidence in the availability of water supplies for a specific project than might be required for a conceptual plan (i.e. general plan, specific plan). An analysis of water supply in an environmental document may incorporate by reference information in a water supply assessment, urban water management plan, or other publicly available sources. The analysis shall include the following:
(1) Sufficient information regarding the project's proposed water demand and proposed water supplies to permit the Lead Agency to evaluate the pros and cons of supplying the amount of water that the project will need.
(2) An analysis of the reasonably foreseeable environmental impacts of supplying water throughout all phases of the project.
(3) An analysis of circumstances affecting the likelihood of the water's availability, as well as the degree of uncertainty involved. Relevant factors may include but are not limited to, drought, salt-water intrusion, regulatory or contractual curtailments, and other reasonably foreseeable demands on the water supply.
(4) If the Lead Agency cannot determine that a particular water supply will be available, it shall conduct an analysis of alternative sources, including at least in general terms the environmental consequences of using those alternative sources, or alternatives to the project that could be served with available water.

If a water-demand project has been the subject of a water assessment, no additional water assessment shall be required for subsequent water-demand projects that were included in the larger water-demand project if all of the following criteria are met:

Item: 12
147
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-13 ©Best Best & Krieger LLP (i) The entity completing the water assessment concluded that its water supplies are sufficient to meet the projected water demand associated with the larger water-demand project, in addition to the existing and planned future uses, including, but not limited to, agricultural and industrial uses; and
(ii) None of the following changes has occurred since the completion of the water assessment for the larger water-demand project:
(A) Changes in the larger water-demand project that result in a substantial increase in water demand for the water-demand project. (B) Changes in the circumstances or conditions substantially affecting the ability of the public water system identified in the water assessment to provide a sufficient supply of water for the water demand project.
(C) Significant new information becomes available which was not known and could not have been known at the time when the entity had reached its assessment conclusions.
p) SUBDIVISIONS WITH MORE THAN 500 DWELLING UNITS
Cities and counties must obtain written verification (see Form “O” for a sample) from the applicable public water system(s) that a sufficient water supply is available before approving certain residential development projects. A city or county may request such a verification from the municipal water provider. The City should also be aware of these requirements when reviewing projects in its role as a Responsible Agency.

Cities and counties are prohibited from approving a tentative map, parcel map for which a tentative map was not required, or a development agreement for a subdivision of property of more than 500 dwellings units, unless:
(i) The City Council, Board of Supervisors, or the advisory agency receives written verification from the applicable public water system that a sufficient water supply is available; or
(ii) Under certain circumstances, the City Council, Board of Supervisors or the advisory agency makes a specified finding that sufficient water supplies are, or will be, available prior to completion of the project.

For complete information on these requirements, consult Government Code section 66473.7.
q) CLIMATE CHANGE AND GREENHOUSE GAS EMISSIONS
(1) Estimating or Calculating the Magnitude of the Project’s Greenhouse Gas Emissions.

Item: 12
148
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-14 ©Best Best & Krieger LLP The City shall analyze the greenhouse gas emissions of its projects as required by State CEQA Guidelines section 15064.4. For projects subject to CEQA, the City shall make a good- faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate the amount of greenhouse gas emissions resulting from a project.

For its projects, the City, as Lead Agency, shall have discretion to determine whether to quantify greenhouse gas emissions resulting from a project, and/or rely on a qualitative analysis or performance-based standards.
(2) Factors in Determining Significance.

In determining the significance of a project's greenhouse gas emissions, the City, when acting as Lead Agency, should focus its analysis on the reasonably foreseeable incremental contribution of the project's emissions to the effects of climate change. A project's incremental contribution may be cumulatively considerable even if it appears relatively small compared to statewide, national, or global emissions. The City's analysis should consider a timeframe that is appropriate for the project. The City's analysis also must reasonably reflect evolving scientific knowledge and state regulatory schemes.

Once the magnitude of a project’s emissions have been described, estimated or calculated, the City should consider the following factors, among others, to determine whether those emissions are significant:
(1) The extent to which the project may increase or reduce greenhouse gas emissions as compared to the baseline. Physical environmental conditions in the vicinity of the project, as they exist at the time the Notice of Preparation is published or the time when the environmental analysis is commenced, will normally constitute the baseline. All project phases, including construction and operation, should be considered in determining whether a project will cause emissions to increase or decrease as compared to the baseline; (2) Whether the project emissions exceed a threshold of significance that the Lead Agency determines applies to the project. Lead Agencies may rely on thresholds of significance developed by experts or other agencies provided that application of the threshold and the significance conclusion is supported with substantial evidence. When relying on thresholds developed by other agencies, Lead Agencies should ensure that the threshold is appropriate for the project and the project’s location; and
(3) The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions.

Such requirements must be adopted by the relevant public agency through a public review process and must reduce or mitigate the Item: 12
149
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-15 ©Best Best & Krieger LLP project’s incremental contribution of greenhouse gas emissions. If there is substantial evidence that the possible effects of a particular project are still cumulatively considerable notwithstanding compliance with the adopted regulations or requirements, an EIR must be prepared for the project. In determining the significance of impacts, the Lead Agency may consider a project's consistency with the State's long-term climate goals or strategies, provided that substantial evidence supports the agency's analysis of how those goals or strategies address the project's incremental contribution to climate change and its conclusion that the project's incremental contribution is not cumulatively considerable.

For its projects, the City, as Lead Agency, may use a model or methodology to estimate greenhouse gas emissions resulting from a project. The Lead Agency has discretion to select the model or methodology it considers most appropriate to enable decision makers to intelligently take into account the project's incremental contribution to climate change. The Lead Agency must support its selection of a model or methodology with substantial evidence. The Lead Agency should explain the limitations of the particular model or methodology selected for use. (3) Consistency with Applicable Plans.

When an EIR is prepared, it must discuss any inconsistencies between the proposed project and any applicable general plan, specific plans, and regional plans. This includes, but is not limited to, any applicable air quality attainment plans, regional blueprint plans, or plans for the reduction of greenhouse gas emissions.
(4) Mitigation Measures Related to Greenhouse Gas Emissions.

Lead Agencies must consider feasible means of mitigating the significant effects of greenhouse gas emissions. Any such mitigation measure must be supported by substantial evidence and be subject to monitoring or reporting. Potential mitigation will depend on the particular circumstances of the project, but may include the following, among others:
(1) Measures in an existing plan or mitigation program for the reduction of emissions that are required as part of the Lead Agency’s decision; (2) Reductions in emissions resulting from a project through implementation of project features, project design, or other measures, such as those described in State CEQA Guidelines Appendix F;
(3) Off-site measures, including offsets that are not otherwise required, to mitigate a project’s emissions;
(4) Measures that sequester greenhouse gases; and
(5) In the case of the adoption of a plan, such as a general plan, long range development plan, or plan for the reduction of greenhouse gas Item: 12
150
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-16 ©Best Best & Krieger LLP emissions, mitigation may include the identification of specific measures that may be implemented on a project-by-project basis.

Mitigation may also include the incorporation of specific measures or policies found in an adopted ordinance or regulation that reduces the cumulative effect of emissions.
(5) Streamlined Analysis of Greenhouse Gas Emissions.

Under certain limited circumstances, the legislature has specifically declared that the analysis of greenhouse gas emissions or climate change impacts may be limited. Public Resources Code sections 21155, 21155.2, and 21159.28 provide that if certain residential, mixed use and transit priority projects meet specified ratios and densities, then the lead agencies for those projects may conduct a limited review of greenhouse gas emissions or may be exempted from analyzing global warming impacts that result from cars and light duty trucks, if a detailed list of requirements is met. However, unless the project is exempt from CEQA, the Lead Agency must consider whether such projects will result in greenhouse gas emissions from other sources, including, but not limited to, energy use, water use, and solid waste disposal. (6) Tiering.

The City may analyze and mitigate the significant effects of greenhouse gas emissions at a programmatic level. Later project-specific environmental documents may then tier from and/or incorporate by reference that existing programmatic review. (7) Plans for the Reduction of Greenhouse Gas Emissions.

Public agencies may choose to analyze and mitigate greenhouse gas emissions in a plan for the reduction of greenhouse gas emissions or similar document. A plan for the reduction of greenhouse gas emissions should:
(1) Quantify greenhouse gas emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area;
(2) Establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable;
(3) Identify and analyze the greenhouse gas emissions resulting from specific actions or categories of actions anticipated within the geographic area;
(4) Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level;
Item: 12
151
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-17 ©Best Best & Krieger LLP (5) Establish a mechanism to monitor the plan’s progress toward achieving the level and to require amendment if the plan is not achieving specified levels; and
(6) Be adopted in a public process following environmental review.

A plan for the reduction of greenhouse gas emissions, once adopted following certification of an EIR, or adoption of another environmental document, may be used in the cumulative impacts analysis of later projects. An environmental document that relies on a plan for the reduction of greenhouse gas emissions for a cumulative impacts analysis must identify those requirements specified in the plan that apply to the project, and, if those requirements are not otherwise binding and enforceable, incorporate those requirements as mitigation measures applicable to the project.

If there is substantial evidence that the effects of a particular project may be cumulatively considerable notwithstanding the project’s compliance with the specified requirements in the plan for reduction of greenhouse gas emissions, an EIR must be prepared for the project. (8) Analyzing the Effects of Climate Change on the Project.

Where an EIR is prepared for a project, the EIR shall analyze any significant environmental effects the project might cause by bringing development and people into the project area that may be affected by climate change. In particular, the EIR should evaluate any potentially significant impacts of locating development in areas susceptible to hazardous conditions (e.g., floodplains, coastlines, wildfire risk areas) as identified in authoritative hazard maps, risk assessments or in land use plans addressing such hazards areas. The analysis may be limited to the potentially significant effects of locating the project in a potentially hazardous location. Further, this analysis may be limited by the project’s life in relation to the potential of such effects to occur and the availability of existing information related to potential future effects of climate change. Further, the EIR need not include speculation regarding such future effects. r) ENERGY CONSERVATION
Potentially significant energy implications of a project must be considered in an EIR to the extent relevant and applicable to the project. Therefore, the project description should identify the following as applicable or relevant to the particular project:
(1) Energy consuming equipment and processes which will be used during construction, operation and/or removal of the project. If appropriate, this discussion should consider the energy intensiveness of materials and equipment required for the project;
(2) Total energy requirements of the project by fuel type and end use; (3) Energy conservation equipment and design features;
(4) Identification of energy supplies that would serve the project; and (5) Total estimated daily vehicle trips to be generated by the project and the additional energy consumed per trip by mode.

As described in Local Guidelines Section 5)f), above, an initial study must include a description of the environmental setting. The discussion of the environmental setting may include existing energy supplies and energy use patterns in the region and locality. The City may also Item: 12
152
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-18 ©Best Best & Krieger LLP consider the extent to which energy supplies have been adequately considered in other environmental documents. Environmental impacts may include:
(1) The project’s energy requirements and its energy use efficiencies by amount and fuel type for each stage of the project including construction, operation, maintenance and/or removal. If appropriate, the energy intensiveness of materials may be discussed;
(2) The effects of the project on local and regional energy supplies and on requirements for additional capacity;
(3) The effects of the project on peak and base period demands for electricity and other forms of energy;
(4) The degree to which the project complies with existing energy standards; (5) The effects of the project on energy resources; and/or (6) The project’s projected transportation energy use requirements and its overall use of efficient transportation alternatives.

As discussed above in Section 5)f), the Initial Study must identify the potential environmental effects of the proposed activity. That discussion must include the unavoidable adverse effects. Unavoidable adverse effects may include wasteful, inefficient and unnecessary consumption of energy during the project construction, operation, maintenance and/or removal that cannot be feasibly mitigated.

When discussing energy conservation, alternatives should be compared in terms of overall energy consumption and in terms of reducing wasteful, inefficient and unnecessary consumption of energy.
s) ENVIRONMENTAL IMPACT ASSESSMENT
The function of the Initial Study is to identify any potentially significant environmental impacts the project may have. Based upon the Initial Study, Staff shall determine whether a proposed project may or will have a significant effect on the environment. Such determination shall be made in writing on the Environmental Impact Assessment Form (Form “C”) may be used for this purpose. If Staff finds that a project will not have a significant effect on the environment, it shall recommend that a Negative Declaration be prepared and adopted by the decision making body. If Staff finds that a project may have a significant effect on the environment, but the effects can be mitigated to a level of insignificance, it shall recommend that a Mitigated Negative Declaration be prepared and adopted by the decision making body. If Staff finds that a project may have a significant effect on the environment, it shall recommend that an EIR be prepared and certified by the decision making body.
t) FINAL DETERMINATION
The City Council shall have the final responsibility for determining whether an EIR, Negative Declaration or Mitigated Negative Declaration shall be required for any project. The City Council’s determination shall be final and conclusive on all persons, including Responsible Agencies and Trustee Agencies, except as provided in Section 15050(c) of the State CEQA Guidelines. Additionally, in the event the City Council has delegated authority to a subsidiary Item: 12
153
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) INITIAL STUDY 20212022 City of Lake Forest Guidelines 5-19 ©Best Best & Krieger LLP board or official to approve a project, the City Council also hereby delegates to that subsidiary board or official the authority to make all necessary CEQA determinations, including whether an EIR, Negative Declaration, Mitigated Negative Declaration or exemption shall be required for any project. A subsidiary board or official’s CEQA determination shall be subject to appeal consistent with the City’s established procedures for appeals.
(Reference: Pub. Resources Code, § 21151.)
Item: 12
154
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-1 ©Best Best & Krieger LLP 6) NEGATIVE DECLARATION
a) DECISION TO PREPARE A NEGATIVE DECLARATION
A Negative Declaration (Form “E”) shall be prepared for a project:
(1) When the Director finds, in light of all of the evidence that has been submitted into the administrative record, that there is no substantial evidence to support a fair argument that the project will have a significant effect on the environment; or, (2) When the Initial Study identified potential effects, but the effects are less-than- significant.
(Reference: State CEQA Guidelines, § 15070(a).)
b) DECISION TO PREPARE A MITIGATED NEGATIVE DECLARATION A Mitigated Negative Declaration (Form “E”) shall be prepared for a project subject to CEQA when the Initial Study identifies potentially significant effects on the environment, but:
(1) The project applicant has agreed to revise the project or the City can revise the project to avoid these significant effects or to mitigate the effects to a point where it is clear that no significant effects would occur; and (2) There is no substantial evidence in light of the whole record before the City that the revised project may have a significant effect.

If an applicant proposes project features that would reduce impacts to below a level of significant, the project plans must be revised to incorporate these features before the proposed Negative Declaration is released for public review. It is insufficient to require an applicant to adopt mitigation measures after final adoption of the Negative Declaration or to state that mitigation measures will be recommended on the basis of a future study. The City must know the measures at the time the Negative Declaration is adopted in order for them to be evaluated and accepted as adequate mitigation. Evidence of agreement by the applicant to such mitigation should be in the record prior to public review. Except where noted, the procedural requirements for the preparation and approval of a Negative Declaration and Mitigated Negative Declaration are the same. (Reference: State CEQA Guidelines, § 15070(b).)
c) CONTRACTING FOR PREPARATION OF NEGATIVE DECLARATION OR MITIGATED

NEGATIVE DECLARATION
Pursuant to Section 21082.1(a) of CEQA, the Negative Declaration (or Mitigated Negative Declaration) for a project shall, at the option of the Director, be prepared directly by the City or by an environmental consultant retained by the City pursuant to a contract executed in accordance with the City’s Purchasing and Contract Guidelines. If the Director elects to have the Negative Declaration (or Mitigated Negative Declaration) prepared under contract with the City, then the preparation thereof, together with any required notices, responses to comments, mitigation Item: 12
155
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-2 ©Best Best & Krieger LLP measures, and other work reasonably required to complete the process shall be performed by a qualified consultant retained by the City. Even when the documents are prepared by private consultants pursuant to a contract with the City, they must be the City’s product and reflect the independent judgment of the City.
d) NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION OR MITIGATED

NEGATIVE DECLARATION
When, based upon the Initial Study, it is recommended to the decision making body that a Negative Declaration or Mitigated Negative Declaration be adopted, a Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (Form “D”) shall be prepared. In addition to being provided to the public through the means set forth in Guidelines Section 6)i) this Notice shall also be provided to:
(1) Each Responsible and Trustee Agency,
(2) Any other federal, state, or local agency which has jurisdiction by law or exercises authority over resources affected by the project, including:
(i) Any water supply agency consulted under Guidelines Section 5)o); (ii) Any city or county bordering on the project area;
(iii) For a project of statewide, regional, or areawidearea wide significance, to any transportation agencies or public agencies which have major local arterials or public transit facilities within five (5) miles of the project site or freeways, highways, or rail transit service within ten (10) miles of the project site which could be affected by the project; and (iv) For a subdivision project located within one mile of a facility of the State Water Resources Development System, to the California Department of Water Resources.
(3) The last known name and address of all organizations and individuals who have previously filed a written request with the City to receive these Notices; (4) For certain projects that may impact a low-level flight path, military impact zone, or special use airspace and that meet certain criteria, to the specified military services contact.
(5) For certain projects that involve the construction or alteration of a facility anticipated to emit hazardous air emissions or handle hazardous substances within one-quarter mile of a school and that meet the certain criteria, to any potentially affected school district.
(6) For certain waste-burning projects that meet certain criteria, to the owners and occupants of property within one-fourth mile of any parcel on which the project will be located.

The Notice of Intent must also be posted to the City’s website. (Pub. Resources Code, § 21092.2(d).) Additionally, for a project of statewide, regional, or areawidearea wide significance, Item: 12
156
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-3 ©Best Best & Krieger LLP the City, as Lead Agency, should also consult with public transit agencies with facilities within one-half mile of the proposed project.

A copy of the proposed Negative Declaration or Mitigated Negative Declaration and the Initial Study shall be attached to the Notice of Intent to Adopt that is sent to every Responsible Agency and Trustee Agency concerned with the project and every other public agency with jurisdiction by law over resources affected by the project.

The Notice of Intent to Adopt a Negative Declaration (Form “D”) must be filed and posted with the County Clerk at least twenty (20) days before the final adoption of the Negative Declaration or Mitigated Negative Declaration by the decision-making body, unless the Negative Declaration or Mitigated Negative Declaration must be submitted to the State Clearinghouse for review by a state agency as set forth in Local Guidelines Section 6j). Where the Negative Declaration or Mitigated Negative Declaration must be submitted to the State Clearinghouse (e.g., where a state agency is a Responsible Agency or Trustee Agency or where state agency review is otherwise required for the proposed project), the Notice of Intent to Adopt a Negative Declaration must be filed and posted with the County Clerk and with the State Clearinghouse at least thirty (30) days before the final adoption of the Negative Declaration or Mitigated Negative Declaration. (Reference: State CEQA Guidelines, §§ 15105, 15205.)
The public review period for a Negative Declaration or Mitigated Negative Declaration shall not be less than twenty (20) days; the public review period shall be at least thirty (30) days where the Negative Declaration or Mitigated Negative Declaration is for a proposed project where (1) a state agency is the lead agency, a responsible agency, or a trustee agency; (2) a state agency otherwise has jurisdiction by law with respect to the project; or (3) the proposed project is of sufficient statewide, regional, or area-wide significance as determined pursuant to State CEQA Guidelines section 15206. When acting as Lead Agency, the City shall give notice of the public review period by filing and posting a Notice of Intent to Adopt a Negative Declaration (Form “D”) with the County Clerk before commencement of the public review period; where a public review period of at least 30 days is required, the City shall also electronically submit the Notice of Intent to the State Clearinghouse. (Pub. Resources Code, § 21091.) For purposes of calculating the length of the public review period, the last day of the public review period cannot fall on a weekend, a legal holiday, or other day on which the lead agency’s offices are closed.1 (Reference: Rominger v. County of Colusa (2014) 229 Cal.App.4th 690, 708.) If the Negative Declaration or Mitigated Negative Declaration has been submitted to the State Clearinghouse for circulationreview by state agencies , the public review period shall be at least as long as the period of review by the State Clearinghouseand comment by state agencies . (See Guidelines Section 6)i) and 6)j).) Day one of the state agency review period shall be the date that the State Clearinghouse distributes the document to state agencies. If the City is submitting a 1 A public agency’s “offices are closed” for purposes of this section on days in which the agency is formally closed for business (for example, due to a weekend, a legal holiday, or a formal furlough affecting the entire office). A public agency’s office is not considered closed for purposes of this section where the agency’s office may be physically closed, but the agency is nonetheless open for business and is operating remotely or virtually (for example, in response to the Covid-19 pandemic).

Item: 12
157
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-4 ©Best Best & Krieger LLP Negative Declaration or Mitigated Negative Declaration to the State Clearinghouse, the Notice of Completion form may be usedstate agencies.

The Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration shall contain the following information:
(a) The period during which comments will be received;
(b) The date, time and place of any public meetings or hearings on the proposed project; (c) A brief description of the proposed project and its location; (d) The address where copies of the proposed Negative Declaration or Mitigated Negative Declaration and all documents incorporated by reference in the proposed Negative Declaration or Mitigated Negative Declaration are available for review; (e) A description of how the proposed Negative Declaration or Mitigated Negative Declaration can be obtained in electronic format;
(f) The Environmental Protection Agency (“EPA”) list on which the proposed project site is located, if applicable, and the corresponding information from the applicant’s statement. (See Guidelines Section 2)e)); and
(g) The significant effects on the environment, if any, anticipated as a result of the proposed project.

The City requires requests for notices to be renewed annually in writing. If the City is not otherwise required by CEQA or another regulation to provide notice, the City may charge a fee for providing notices to individuals or organizations that have submitted written requests to receive such notices, unless the request is made by another public agency.

Pursuant to Public Resources Code section 21092(a) an action shall not be invalidated because of alleged inadequacy of the content of the Notice if the City has complied substantially with the provisions of Section 21092 of the Public Resources Code. (Reference: Pub. Resources Code, §§ 21082.1, 21091, 21161; State CEQA Guidelines, §§ 15072, 15105, 15205.)
e) SHORTENED REVIEW PERIOD
The City may identify a person or persons authorized to request a shortened public review period from the Office of Planning and Research for Negative Declarations submitted to the State Clearinghouse. The resolution identifying the person or persons authorized by the City to make such a request must be attached to the request when submitted to the Office of Planning and Research.

Whenever a shortened public review period is requested, the City Council shall be notified in writing. The request shall appear on the next legally permissible City Council Agenda as an information item. The City Council may thereafter either receive and file the report or rescind the action by directing the Director and/or City Manager to notify the Office of Planning and Research of this rescission.

A shortened review period is not available for any proposed project of statewide, regional or area wide environmental significance as determined pursuant to State CEQA Guidelines section Item: 12
158
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-5 ©Best Best & Krieger LLP 15206. Any approval of a shortened review period shall be given prior to, and reflected in, the public notices. The shortened review period shall not be less than twenty (20) days. f) CONSULTATION WITH CALIFORNIA NATIVE AMERICAN TRIBES.

Prior to the release of a Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration for a project, the lead agency shall begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project if:
(1) The California Native American tribe requested to the lead agency, in writing, to be informed by the lead agency through formal notification of proposed projects in the geographic area that is traditionally and culturally affiliated with the tribe; and
(2) The California Native American tribe responds, in writing, within 30 days of receipt of the formal notification, and requests the consultation. The California Native American tribe shall designate a lead contact person when responding to the lead agency. If a lead contact is not designated by the California Native American tribe, or it designates multiple lead contact people, the lead agency shall defer to the individuals listed on the contact list maintained by the Native American Heritage Commission. Consultation is defined in Local Guidelines Section 11.11.

To expedite the requirements of this section, the Native American Heritage Commission shall assist the lead agency in identifying the California American Native tribes that are traditionally and culturally affiliated with the project area.

Within 14 days of determining that an application for a project is complete or a decision by a public agency to undertake a project, the lead agency shall provide formal notification to the designated contact of, or a trial representative of, traditionally and culturally affiliated California Native America tribes that have requested notice, which shall be accomplished by at least one written notification that includes a brief description of the proposed project and its location, the lead agency contact information, and a notification that the California Native American tribe has 30 days to request consultation. Where the application for a housing development project is deemed to be complete on or after March 4, 2020 and before December 31, 2021, the California Native American tribe shall have 60 days to respond to the Lead Agency and request consultation. (Reference: Gov. Code, § 65583(i).)
The Lead Agency shall begin the consultation process within 30 days of receiving a California Native American tribe’s request for consultation.

If consultation is requested, the parties may propose mitigation measures, including those set forth in Public Resources Code section 21084.3, capable of avoiding or substantially lessening potential significant impacts to a tribal cultural resource or alternatives that would avoid significant impacts to a tribal cultural resource. The consultation may include discussion concerning the type of environmental review necessary, the significance of tribal cultural resources, the significance of the project’s impacts on the tribal cultural resources, and, if necessary, project alternatives or Item: 12
159
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-6 ©Best Best & Krieger LLP the appropriate measures for preservation or mitigation that the California Native American tribe may recommend to the lead agency.

The consultation shall be considered concluded when either of the following occurs:
(1) The parties agree to measures to mitigate or avoid a significant effect, if a significant effect exists, on a tribal cultural resource. (2) A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached.

The California Native American tribe is not limited in its ability to submit information to the lead agency regarding the significance of the tribal cultural resources, the significance of the project’s impact on tribal cultural resources, or any appropriate measures to mitigate the impacts.

Additionally, the lead agency or project proponent is not limited in its ability to incorporate changes and additions to the project as a result of the consultation, even if not legally required. (Reference: Pub. Resources Code, §§ 21080.3.1, 21080.3.2.) g) IDENTIFICATION OF TRIBAL CULTURAL RESOURCES AND PROCESSING OF

INFORMATION AFTER CONSULTATION WITH THE CALIFORNIA NATIVE AMERICAN TRIBE.

After consultation with the California Native American tribe listed above in Local Guidelines Section 6)f), any mitigation measures agreed upon in the consultation conducted pursuant to Public Resources Code section 21080.3.2 shall be recommended for inclusion in the Mitigated Negative Declaration and in an adopted mitigation monitoring and reporting program, if determined to avoid or lessen the impacts and shall be enforceable.

If a project may have a significant impact on a tribal cultural resource, the lead agency’s Mitigated Negative Declaration shall discuss both of the following:
(1) Whether the proposed project has a significant impact on an identified tribal cultural resource;
(2) Whether feasible alternatives or mitigation measures, including those measures that may be agreed to during the consultation, avoid or substantially lessen the impact on the identified tribal cultural resource.

Any information provided regarding the location, description and use of the tribal cultural resource that is submitted by a California Native American tribe during the environmental review process shall not be included in the Negative Declaration or Mitigated Negative Declaration or otherwise disclosed by the lead agency or any other public agency to the public, consistent with Governmental Code sections 6254(r) and 6254.10, and State CEQA Guidelines CEQA Guidelines 15120(d), without the prior consent of the tribe that provided the information.

If the lead agency publishes any information submitted by a California Native America tribe during the consultation or environmental review process, that information shall be published in a confidential appendix to the Negative Declaration or Mitigated Negative Declaration unless the Item: 12
160
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-7 ©Best Best & Krieger LLP tribe provides consent, in writing, to the disclosure of some or all of the information to the public. This does not prohibit the confidential exchange of the submitted information between public agencies that have lawful jurisdiction over the preparation of the Mitigated Negative Declaration.

The exchange of confidential information regarding tribal cultural resources submitted by a California Native American tribe during the consultation or environmental review process among the lead agency, the California Native American tribe, the project applicant, or the project applicant’s agent is not prohibited by Public Resources Code section 21082.3. The project applicant and the project applicant’s legal advisers must use a reasonable degree of care and maintain the confidentiality of the information exchanged for the purposes of preventing looting, vandalism, or damage to tribal cultural resources and shall not disclose to a third party confidential information regarding the cultural resource unless the California Native American tribe providing the information consents in writing to the public disclosure of such information.

Public Resources Code section 21082.3 does not prevent a lead agency or other public agency from describing the information in general terms in the Negative Declaration or Mitigated Negative Declaration so as to inform the public of the basis of the lead agency’s or other public agency’s decision without breaching the confidentiality required. In addition, a lead agency may adopt a Mitigated Negative Declaration for a project with a significant impact on an identified tribal cultural resource only if one of the following occurs:
(1) The consultation process between the California Native American tribe and the lead agency has occurred as provided in Public Resources Code sections 21080.3.1 and 21080.3.2 and concluded pursuant to subdivision (b) of Section 21080.3.2. (2) The California Native American tribe has requested consultation pursuant to Public Resources Code section 21080.3.1 and has failed to provide comments to the lead agency, or otherwise failed to engage, in the consultation process. (3) The lead agency has complied with subdivision (d) of Section 21080.3.1 of the Public Resources Code and the California Native American tribe has failed to request consultation within 30 days.

Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource. If the lead agency determines that a project may cause a substantial adverse change to a tribal cultural resource, and measures are not otherwise identified in the consultation process provided in Public Resources Code section 21080.3.2 and as set forth in Local Guidelines Section 6)f), the following examples of mitigation measures, if feasible, may be considered to Item: 12
161
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-8 ©Best Best & Krieger LLP avoid or minimize the significant adverse impacts:
(1) Avoidance and preservation of the resources in place, including, but not limited to, planning and construction to avoid the resources and protect the cultural and natural context, or planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria.
(2) Treating the resource with culturally appropriate dignity taking into account the tribal cultural values and meaning of the resource, including, but not limited to the following:
(a) Protecting the cultural character and integrity of the resource. (b) Protecting the traditional use of the resource.
(c) Protecting the confidentiality of the resource.
(3) Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places.
(4) Protecting the resource.
(Reference: Pub. Resources Code, § 21084.3.)
i) POSTING AND PUBLICATION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION.

The City shall have a copy of the Notice of Intent to Adopt, the Negative Declaration or Mitigated Negative Declaration and the Initial Study posted at the City’s offices and on the City’s website, and made available for public inspection. The Notice must be provided either twenty (20) or thirty (30) days prior to final adoption of the Negative Declaration or Mitigated Negative Declaration: The public review period for Negative Declarations or Mitigated Negative Declarations prepared for projects subject to State Clearinghouse reviewstate agency review, as set forth in Local Guidelines Section 6)j) must be circulated for at least as long as the review period established by the State Clearinghouse, usually no less than thirty (30) days. Under certain circumstances, a shortened review period of at least twenty (20) days may be approved by the State Clearinghouse as provided for in State CEQA Guidelines section 15105. (See Form “P”). The state review period will commence on the date the State Clearinghouse distributes the document to state agencies. The State Clearinghouse will distribute the document within three (3) days of receipt if the Negative Declaration or Mitigated Negative Declaration is deemed complete.

The Notice must also be posted in the office of the Clerk in each county in which the Project is located and must remain posted throughout the public review period. The County Clerk is required to post the Notice within twenty-four (24) hours of receiving it.

To increase public awareness, notices may also be posted on the City’s web site, accessible through the internet. Such postings are not required but encouraged where convenient.

Item: 12
162
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-9 ©Best Best & Krieger LLP Notice shall be provided as stated in Guidelines Section 6d). In addition, Notice must be also givenof the Intent to Adopt shall be given to the last known name and address of all organizations and individuals who have previously requested notice; by posting the notice on the City’s website; and by at least one (1) of the following procedures:
(1) Publication at least once in a newspaper of general circulation in the area affected by the proposed project. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas;
(2) Posting of notice on and off site in the area where the project is to be located; or (3) Direct mailing to owners and occupants of property contiguous to the project, as shown on the latest equalized assessment roll.
(Reference: Pub. Resources Code, § 21092; State CEQA Guidelines, §§ 15072-15073.) j) SUBMISSION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION TO STATE CLEARINGHOUSE.

A Negative Declaration or Mitigated Negative Declaration must be submitted to the State Clearinghouse, in an electronic form as required by the Office of Planning and Research, regardless of whether the document must be circulated for review and comment by state agencies under State CEQA Guidelines section 15205 and 15206. The Negative Declaration or Mitigated Negative Declaration must be submitted via the Office of Planning and Research’s CEQA Submit website (https://ceqasubmit.opr.ca.gov/Security/LogOn?ReturnUrl=%2f). The CEQA Submit website differentiates between environmental documents that do require review and comment by state agencies and those that do not. In particular, the website provides a “Local Review Period” tab for submitting documents that do not require review and comment by state agencies, and a “State Review Period” tab for submitting documents that do require review and comment by state agencies.

A Negative Declaration or Mitigated Negative Declaration must be submitted to the State Clearinghouse for circulationreview and comment by state agencies (i.e., a Negative Declaration or Mitigated Negative Declaration must be submitted through the CEQA Submit website under the “State Review Period” tab) in the following situations:
(1) The Negative Declaration or Mitigated Negative Declaration is prepared by a Lead Agency that is a state agency;
(2) The Negative Declaration or Mitigated Negative Declaration is prepared by a public agency where a state agency is a Responsible Agency, Trustee Agency, or otherwise has jurisdiction by law with respect to the project; or (3) The Negative Declaration or Mitigated Negative Declaration is for a project identified in State CEQA Guidelines section 15206 as being of statewide, regional, or area wide significance.

Item: 12
163
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-10 ©Best Best & Krieger LLP (1) Projects which have the potential for causing significant environmental effects beyond the city or county where the project would be located, such as:
(a) Residential development of more than 500 units;
(b) Commercial projects employing more than 1,000 persons or covering more than 500,000 square feet of floor space;
(c) Office building projects employing more than 1,000 persons or covering more than 250,000 square feet of floor space;
(d) Hotel or motel development of more than 500 rooms; or (e) Industrial projects housing more than 1,000 persons, occupying more than 40 acres of land, or covering more than 650,000 square feet of floor area. (2) Projects for the cancellation of a Williamson Act contract covering 100 or more acres.
(3) Projects in one of the following Environmentally Sensitive Areas:
(a) Lake Tahoe Basin.
(b) Santa Monica Mountains Zone.
(c) Sacramento-San Joaquin River Delta.
(d) Suisun Marsh.
(e) Coastal Zone, as defined by the California Coastal Act. (f) Areas within one-quarter mile of a river designated as wild and scenic. (g) Areas within the jurisdiction of the San Francisco Bay Conservation and Development Commission.
(4) Projects which would affect sensitive wildlife habitats or the habitats of any rare, threatened, or endangered species.
(5) Projects which would interfere with water quality standards. (6) Projects which would provide housing, jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant.

A Negative Declaration or Mitigated Negative Declaration may also be submitted to the State Clearinghouse for circulation if a state agency has special expertise with regard to the environmental impacts involved.

The public review period for a Negative Declaration or a Mitigated Negative Declaration shall not be less than twenty (20) days. The review period, however, shall be at least thirty (30) days if the Negative Declaration or Mitigated Negative Declaration is for a proposed project where a state agency is the lead agency, a responsible agency, or a trustee agency; a state agency otherwise has jurisdiction by law with respect to the project; or the proposed project is of sufficient statewide, regional, or area wide significance as determined pursuant to the guidelines certified and adopted pursuant to State CEQA Guidelines section 15206. When the Negative Declaration or Mitigated Negative Declaration is submitted to the State Clearinghouse for state agency review, the review period shall be at least thirty (30) days. The review period begins (day one) on the date that the State Clearinghouse distributes the Negative Declaration or Mitigated Negative Declaration to state agencies. The State Clearinghouse is required to distribute the Negative Declaration or Mitigated Negative Declaration to state agencies within three (3) working days from the date the State Clearinghouse receives the document, as long as the Negative Declaration or Mitigated Negative Declaration is complete when submitted to the State Clearinghouse. If the document submitted to the State Clearinghouse is not complete, the State Clearinghouse must notify the Lead Agency. The review period for the public and all other agencies may run Item: 12
164
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-11 ©Best Best & Krieger LLP concurrently with the state agency review period established by the State Clearinghouse, but the public review period cannot conclude before the state agency review period does. The review period for the public shall be at least as long as the review period established by the State Clearinghouse.

When a Negative Declaration or Mitigated Negative Declaration is submitted to the State Clearinghouse, a Notice of Completion (Form “H”) should be included. The State Clearinghouse only accepts submissions of CEQA documents electronically via its “CEQA Submit database.” As of November 3, 2020, the State Clearinghouse no longer accepts printed copies of CEQA documents. For instructions on how to submit a document to the State Clearinghouse, see http://www.opr.ca.gov/clearinghouse/ceqa/document-submission.html.

A shorter review period by the State Clearinghouse for a Negative Declaration or Mitigated Negative Declaration can be requested by the decision-making body. The shortened review period shall not be less than twenty (20) days. Such a request must be made in writing by the Lead Agency to OPR. Any approval of a shortened review period must be given prior to, and reflected in, the public notice. However, a shortened review period shall not be approved by the OPR for any proposed project of statewide, regional or areawidearea wide environmental significance, as defined by State CEQA Guidelines section 15206.

When the City as Lead Agency completes its Negative Declaration or Mitigated Negative Declaration for a proposed project, the City must also cause a Notice of Completion (Form “H”) to be filed with the Office of Planning and Research via the Office of Planning and Research’s CEQA Submit website. The Notice of Completion should briefly identify the project, indicate that an environmental document has been prepared for the project, and identify the project location by latitude and longitude.

The City must post the Notice of Intent, Notice of Completion, and Negative Declaration or Mitigated Negative Declaration on its website.
(Reference: Pub. Resources Code, §§ 21082.1, 21161; State CEQA Guidelines, §§ 15205, 15206.) k) CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS.

Under specific circumstances the City must consult with the public water system which will supply the project to determine whether it can adequately supply the water needed for the project. See Guidelines Section 5)o) for more information on these requirements. (Reference: State CEQA Guidelines, § 15155.)
l) CONTENT OF NEGATIVE DECLARATION.

A Negative Declaration must be prepared directly by or under contract to the City and should generally resemble Form “E.” A Negative Declaration circulated for public review shall contain:

Item: 12
165
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-12 ©Best Best & Krieger LLP (1) A brief description of the project proposed, including any commonly used name for the project and its location;
(2) The name of the project proponent;
(3) A proposed 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; and
(5) For a Mitigated Negative Declaration, feasible mitigation measures, if any, included in the project to avoid potentially significant effects or reduce them below a level of significance. These mitigation measures must be fully enforceable through permit conditions, agreements, or other measures. Such permit conditions, agreements, and measures must be consistent with applicable constitutional requirements such as the “nexus” and “rough proportionality” standards established by case law.

For a Mitigated Negative Declaration, a mitigation monitoring or reporting program must be prepared in compliance with Public Resources Code section 21081.6. However, the mitigation monitoring or reporting program need not be circulated for public review. The proposed Negative Declaration or Mitigated Negative Declaration must reflect the independent judgment of the City. (Reference: State CEQA Guidelines, § 15071.)
m) TYPES OF MITIGATION.

The following is a non-exhaustive list of potential types of mitigation the City may consider:
(1) Avoidance;
(2) Preservation;
(3) Rehabilitation or replacement. Replacement may be on-site or off-site depending on the particular circumstances; and/or
(4) Participation in a fee program.
(Reference: State CEQA Guidelines, § 15370.)
n) CONSIDERATION OF COMMENTS; ADOPTION OF NEGATIVE DECLARATIONS Following the publication, posting or mailing of the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration, but in no event sooner than the expiration of the applicable twenty (20) or thirty (30) day public review period, the Negative Declaration or Mitigated Negative Declaration may be presented to the decision making body at a regular or special meeting. Prior to adoption, the City shall independently review and analyze the Negative Declaration or Mitigated Negative Declaration and find that the Negative Declaration or Mitigated Negative Declaration reflects the independent judgment of the City.

The decision making body shall consider the proposed Negative Declaration together with all comments received during the public review period pursuant to Section 15074(b) of the State Item: 12
166
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-13 ©Best Best & Krieger LLP CEQA Guidelines. Comments submitted via email shall be treated as written comments for all purposes. Comments sent to the public agency via email are deemed received when they actually arrive in an email account of a staff person who has been designated or identified as the point of contact for a particular project.

The City shall notify any public agency which comments on a Negative Declaration or Mitigated Negative Declaration of the public hearing or hearings, if any, on the project for which the Negative Declaration or Mitigated Negative Declaration was prepared.

The City is not required to respond in writing to comments it receives either during or after the public review period. However, the City may want to provide a written response to all comments if it will not delay action on the Negative Declaration or Mitigated Negative Declaration, since any comment received prior to final action on the Negative Declaration or Mitigated Negative Declaration can form the basis of a legal challenge. A written response which refutes the comment or adequately explains the City’s action in light of the comment will assist the City in defending against a legal challenge.

If substantial new mitigation was added after public review, the City should determine whether recirculation of the Negative Declaration is warranted. (See Guidelines Section 6)o).) The decision making body shall adopt a Negative Declaration if it finds, on the basis of the Initial Study and all of the other evidence before it, that there is no substantial evidence to support a fair argument that the project will have a significant effect on the environment. The decision making body shall adopt a Mitigated Negative Declaration if it finds, on the basis of the Initial Study and all of the other evidence before it, that the revisions to the project plans or other mitigation measures agreed to by the project applicant have mitigated any potentially significant effects below the level of significance and there is no substantial evidence to support a fair argument that the project will have a significant effect on the environment. If the decision making body finds that the proposed project may have a significant effect on the environment that cannot be mitigated or avoided, it shall order the preparation of a DEIR and the filing of a Notice of Preparation of a DEIR. In making a finding as to whether there is any substantial evidence that the project will have a significant effect on the environment, the factors listed in Guidelines Sections 5)h) and 5)i) should be considered.

When adopting the Negative Declaration or Mitigated Negative Declaration, the City shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which it based its decision.
(Reference: State CEQA Guidelines, § 15074.)
o) RECIRCULATION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION.

The City shall recirculate a negative declaration when the document must be substantially revised after the public review period but prior to its adoption. A “substantial revision” of the negative declaration occurs when:

Item: 12
167
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-14 ©Best Best & Krieger LLP (1) The City has identified a new and avoidable significant effect for which mitigation measures or project revisions must be added in order to reduce the effect to a level of insignificance; or
(2) The City determines that the proposed mitigation measures or project revisions included in the Negative Declaration that was circulated for public review will not reduce the potential effects to less than significant levels and new measures or revisions must be required.

Recirculation is not required under the following circumstances:
(1) Mitigation measures are replaced with equal or more effective measures, and the City makes a finding to that effect.
(2) New project revisions are added after circulation of the Negative Declaration or Mitigated Negative Declaration or in response to written or oral comments on the projects’ effects, but the revisions do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect. (3) Measures or conditions of project approval are added after circulation of the Negative Declaration or Mitigated Negative Declaration, but the measures or conditions are not required by CEQA, do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect. (4) New information is added to the Negative Declaration or Mitigated Negative Declaration which merely clarifies, amplifies, or makes insignificant modifications to the Negative Declaration or Mitigated Negative Declaration.

If, after preparation of a Negative Declaration or Mitigated Negative Declaration, the City determines that the project requires an EIR, it shall prepare circulate the DEIR for consultation and review and advise reviewers in writing that a proposed Negative Declaration had previously been circulated for the project.
(Reference: State CEQA Guidelines, § 15073.5.)
p) MITIGATION REPORTING OR MONITORING PROGRAM FOR MITIGATED NEGATIVE DECLARATION.

The City may require feasible changes in any or all activities involved in the project in order to substantially lessen or avoid significant effects on the environment, consistent with applicable constitutional requirements such as the “nexus” and “rough proportionality” standards established by case law. (e.g., Nollan v. California Coastal Commission , 483 U.S. 825 (1987); Dolan v. City of Tigard , 512 U.S. 374 (1994); Ehrlich v. City of Culver City , 12 Cal. 4th 854 (1996).) When adopting a Mitigated Negative Declaration the City shall adopt a reporting or monitoring program to assure that mitigation measures which are required to mitigate or avoid significant effects on the environment will be fully enforceable through permit conditions, agreements, or other measures and implemented by the project proponent or other responsible party in a timely manner, in accordance with conditions of project approval.

The City shall also specify the location and the custodian of the documents which constitute the record of proceedings upon which it based its decision. There is no requirement that the Item: 12
168
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-15 ©Best Best & Krieger LLP reporting or monitoring program be circulated for public review; however, the City may choose to circulate it for public comments along with the Negative Declaration. The mitigation measures required to mitigate or avoid significant effects on the environment must be adopted.

This reporting or monitoring program shall be designed to assure compliance during the implementation or construction of a project. If a Responsible Agency or Trustee Agency has required that certain conditions be incorporated into the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. The City shall also require that prior to the close of the public review period for a Mitigated Negative Declaration, the Responsible or Trustee Agency submit detailed performance objectives for mitigation measures, or refer the City to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures which mitigate impacts to resources which are within the Responsible or Trustee Agency’s authority.

Alternatively, the City may require the applicant to enter into a written Mitigation Monitoring Compliance Agreement which specifies the obligations and duties relative to mitigation, monitoring, and reporting on said mitigation measures. The reporting or monitoring program shall be designed to assure compliance during the construction and implementation of the project.

If a Responsible Agency or Trustee Agency has required that certain conditions be incorporated into the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. The City shall also require that, prior to the close of the public review period for a DEIR, the Responsible or Trustee Agency submit detailed performance objectives for mitigation measures, or refer the City to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures that mitigate impacts to resources that are within the Responsible or Trustee Agency’s authority.

When a project is of statewide, regional, or area wide importance, any transportation information resulting from the reporting or monitoring program required to be adopted by the City shall be submitted to the regional transportation planning agency where the project is located and to the State Department of Transportation. The transportation planning agency and the Department of Transportation are required by law to adopt guidelines for the submittal of these reporting or monitoring programs, so the City may wish to tailor its submittal to such guidelines.

Local agencies have the authority to levy fees sufficient to pay for this program. For all private projects, the City will charge the project applicant a fee to cover actual costs of program processing and implementation.

The City may delegate reporting or monitoring responsibilities to an agency or to a private entity which accepts the delegation; however, until mitigation measures have been completed, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program.

Item: 12
169
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-16 ©Best Best & Krieger LLP The City may choose whether its program will monitor mitigation, report on mitigation, or both. “Reporting” is defined as a written compliance review that is presented to the Council or an authorized staff person. A report may be required at various stages during project implementation or upon completion of the mitigation measure. Reporting is suited to projects which have readily measurable or quantitative mitigation measures or which already involve regular review. “Monitoring” is generally an ongoing or periodic process of project oversight. Monitoring is suited to projects with complex mitigation measures which may exceed the expertise of the City to oversee, are expected to be implemented over a period of time, or require careful implementation to assure compliance.

At its discretion, the City may adopt standardized policies and requirements to guide individually adopted programs.

OR MITIGATED NEGATIVE DECLARATION HAS BEEN APPROVED
After final approval of a project for which a Negative Declaration has been prepared, the Director shall cause to be prepared, filed and posted a Notice of Determination (Form “F”). The Notice of Determination shall contain the following information:
(1) An identification of the project, including the project title as identified on the proposed Negative Declaration and its common name (where possible), location, and the State Clearinghouse identification number for the proposed Negative Declaration if the Notice of Determination was circulated with the State Clearinghouse;
(2) For private projects, identify the person undertaking the project, including any person undertaking an activity that receives financial assistance from the City as part of the project or the person receiving a lease, permit, license, certificate, or other entitlement of use from the City as part of the project; (3) A brief description of the project;
(4) The name of the City and the date upon which the City approved the project; Item: 12
170
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-17 ©Best Best & Krieger LLP (5) The determination of the City that the project will not have a significant effect on the environment;
(6) A statement that a Negative Declaration or Mitigated Negative Declaration was adopted pursuant to the provisions of CEQA;
(7) A statement indicating whether mitigation measures were made a condition of the approval of the project, and whether a mitigation monitoring plan/program was adopted;
(8) The documents and filing fees required by Fish and Game Code section 711.4, Public Resources Code section 21089(b), and 14 California Code of Regulations 753.5; and
(9) The address where a copy of the Negative Declaration or Mitigated Negative Declaration may be examined.

For private projects, it shall be the responsibility and duty of the applicant to deliver to the Development Services Department a check payable to the County Clerk of the County of Orange in an amount sufficient to cover the fees required by Fish and Game Code section 711.4, Public Resources Code section 21089(b), and 14 California Code of Regulations 753.5 as well as the County Clerk’s processing fee, within forty-eight (48) hours of City’s final approval of the project.

If the applicant fails to deliver the check required above to the Development Services Department within the forty-eight (48) hour period, the approval for the project shall be void.

The Notice of Determination shall be filed with the County Clerk of the County of Orange within five (5) working days of project approval. The County Clerk must post the Notice of Determination within twenty-four (24) hours of receipt. The Notice must remain posted in the office of the County Clerk for a minimum of thirty (30) days. Thereafter, the Clerk shall return the notice to the City with a notation of the period it was posted. The City shall retain the notice for not less than twelve (12) months.

If the project requires discretionary approval from any State agency or was otherwise subject to review through the State Clearinghouse, the Notice of Determination shall also be filed with the Office of Planning and Research within five (5) working days of project approval along with proof of payment of the California Department of Fish and Wildlife fee or a no effect determination form from the Department of Fish and Wildlife (see Local Guidelines Section 6)q).

Simultaneously with the filing of the Notice of Determination with the Clerk, Staff shall cause a copy of the Notice of Determination to be posted at City Hall.

If an interested party has made a written request for a copy of the Notice of Determination prior to the date on which the City adopts the Negative Declaration, the copy must be mailed, first class postage prepaid, within five (5) days of the City’s determination. If such a request is made following the City’s determination, then the copy should be mailed in the same manner as soon as possible. The recipients of such documents may be charged a fee reasonably related to the cost of providing the service.

For projects with more than one phase, Staff shall file a Notice of Determination for each phase requiring a discretionary approval.

Item: 12
171
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-18 ©Best Best & Krieger LLP The filing and posting of the Notice of Determination with the County Clerk, and, if necessary, with the Office of Planning and Research, usually starts a thirty (30) day statute of limitations on court challenges to the approval under CEQA. When separate notices are filed for successive phases of the same overall project, the thirty (30) day statute of limitation to challenge the subsequent phase begins to run when the second notice is filed. Failure to file the Notice may result in a one hundred eighty (180) day statute of limitations.

To increase public awareness, notices may be posted on the City’s web site, accessible through the internet. Such postings are not required but encouraged where convenientThe City must also post the Notice of Determination on its website. Such electronic notices arenotice is in addition to the posting requirements of the State CEQA Guidelines and the Public Resources Code. (Reference: State CEQA Guidelines, § 15075.)
r) APPROVAL OF PROJECT; APPEAL OF ADOPTION OR REJECTION OF NEGATIVE

DECLARATION
After it has adopted a Negative Declaration or Mitigated Negative Declaration, the decision making body may consider approving the project. Except in those cases in which the City Council is the final decision making body on a project, any interested person may appeal the adoption or rejection of a Negative Declaration to the City Council. The procedures of Section 2.04.100 et seq. of the Lake Forest Municipal Code shall govern this appeal, except that the time limit for filing the appeal shall be ten (10) days after the adoption or rejection of the Negative Declaration. s) FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES At the time a Notice of Determination for a Negative Declaration is filed with the County or Counties in which the project is located, a fee of $ 2,480.252,548.00, or the then applicable Department of Fish and Wildlife (“DFW”) filing fee shall be paid to the Clerk for projects that will adversely affect fish or wildlife resources. These fees are collected by the Clerk on behalf of the California DFW pursuant to Fish and Game Code section 711.4.

Only one filing fee is required for each project unless the project is tiered or phased and separate environmental documents are prepared. (Fish & Game Code section 711.4(g).) For projects where Responsible Agencies file separate Notices of Determination, only the Lead Agency is required to pay the fee.

For private projects, the City may pass these costs on to the project applicant.

Fish and Game Code fees may be waived for projects with “no effect” on fish or wildlife resources or for certain projects undertaken by the DFW and implemented through a contract with a non-profit entity or local government agency; however, the Lead Agency must obtain a form showing that the DFW has determined that the project will have “no effect” on fish and wildlife. (Fish and Game Code section 711.4(c)(2)(A)). Projects that are statutorily or categorically exempt from CEQA are also not subject to the filing fee, and do not require a no effect determination (State CEQA Guidelines sections 15260 through 15333; Fish and Game Code section 711.4(d)(1)).

Regional Department environmental review and permitting staff are responsible for determining Item: 12
172
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-19 ©Best Best & Krieger LLP whether a project within their region will qualify for a no effect determination and if the CEQA filing fee will be waived.

The request should be submitted when the CEQA document is released for public review, or as early as possible in the public comment period. Documents submitted in digital format are preferred (e.g. compact disk). If insufficient documentation is submitted to the Department for the proposed project, a no effect determination will not be issued.

If the City believes that a project for which it is Lead Agency will have “no effect” on fish or wildlife resources, it should contact the DFW Department Regional Office. The project’s CEQA document may need to be provided to the DFW Department Regional Office along with a written request. Documentation submitted to the DFW Department Regional Office should set forth facts in support of the fee exemption. Previous examples of projects that have qualified for a fee exemption include: minor zoning changes that did not lead to or allow new construction, grading, or other physical alterations to the environment and minor modifications to existing structures including addition of a second story to single or multi-family residences.

It is important to note that the fee exemption requirement that the project have “no” impact on fish or wildlife resources is more stringent than the former requirement that a project have only “de minimis” effects on fish or wildlife resources. DFW may determine that a project would have no effect on fish and wildlife if all of the following conditions apply:
• The project would not result in or have the potential to result in harm, harassment, or take of any fish and/or wildlife species.
• The project would not result in or have the potential to result in direct or indirect destruction, ground disturbance, or other modification of any habitat that may support fish and/or wildlife species.
• The project would not result in or have the potential to result in the removal of vegetation with potential to support wildlife.
• The project would not result in or have the potential to result in noise, vibration, dust, light, pollution, or an alteration in water quality that may affect fish and/or wildlife directly or from a distance.
• The project would not result in or have the potential to result in any interference with the movement of any fish and/or wildlife species.

Any request for a fee exemption should include the following information:
(1) the name and address of the project proponent and applicant contact information; (2) a brief description of the project and its location; (3) site description and aerial and/or topographic map of the project site; (4) State Clearinghouse number or county filing number; (5) a statement that an Initial Study has been prepared by the City to evaluate the project’s effects on fish and wildlife resources, if any; and (6) a declaration that, based on the City’s evaluation of potential adverse effects on fish and wildlife resources, the City believes the project will have no effect on fish or wildlife.

Item: 12
173
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) NEGATIVE DECLARATION 20212022 City of Lake Forest Guidelines 6-20 ©Best Best & Krieger LLP If insufficient documentation is submitted to DFW for the proposed project, a no effect determination will not be issued. (A sample Request for Fee Exemption is attached as Form “L.”) DFW will review the City’s finding, and if DFW agrees with the Lead Agency’s conclusions, DFW will provide the City with written confirmation. Retain DFW’s determination as part of the administrative record; the City is required to file a copy of this determination with the County after project approval and at the time of filing of the Notice of Determination (NOD).

The Lead Agency must have written confirmation of DFW’s finding of “no impact” at the time the Lead Agency files its Notice of Determination with the County. The County cannot accept the Notice of Determination unless it is accompanied by the appropriate fee or a written no effect determination from DFW.

Item: 12
174
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-1 ©Best Best & Krieger LLP 7) ENVIRONMENTAL IMPACT REPORT
a) DECISION TO PREPARE AN EIR
An EIR shall be prepared whenever the Director determines, in light of the whole record, that there is substantial evidence which supports a fair argument that the project may have a significant effect on the environment which cannot be reduced below the level of significance by revision of the project plans or other mitigation measures agreed to by the project applicant. The record may include the Initial Study or other documents or studies prepared to assess the project’s environmental impacts. When it is determined that an EIR will be required for a project, the procedures set forth in this Section shall be followed in the EIR preparation.

Under certain circumstances, a project applicant may choose to apply to the Governor of the State of California to have the project certified as an Environmental Leadership Development Project. Only large, privately funded projects that will result in a minimum investment of $100 million in California upon completion of construction and that create high-wage, highly skilled jobs without resulting in any net additional emission of greenhouse gases, will qualify for certification. All construction workers employed in the execution of the project will receive at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Labor Code sections 1773 and 1773.9. If the project is certified for streamlining, the project applicant shall include this requirement in all contracts for the performance of the work. The request for certification must be made and granted prior to the release of the Draft EIR. If the Governor certifies the project, the lead agency must make the administrative record available concurrently with the Draft EIR and certify the administrative record within five (5) days of project approval and must make it available in an electronic format. Within (10) days of the Governor certifying an Environmental Leadership Development Project, the lead agency shall, at the applicant’s expense, issue a public notice. See Public Resources Code section 21187 for the language to be used in the public notice. If litigation is filed against such a project, certain fast-tracked litigation procedures will apply. Please see Public Resources Code sections 21178 and 21183 through 21187 for a complete description of the requirements for such projects.

Under certain circumstances, a project applicant may choose to apply to the Governor of the State of California to have the project certified as an Environmental Leadership Development Project. A project may qualify as an Environmental Leadership Development Project if it is one of the following:
(1) A residential, retail, commercial, sports, cultural, entertainment, or recreational use project that meets the following standards:
 The project is certified as Leadership in Energy and Environmental Design (LEED) gold or better by the United States Green Building Council; and  The project, where applicable, achieves a 15 percent greater standard for transportation efficiency than comparable projects; and  The project is located on an infill site; and
Item: 12
175
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-2 ©Best Best & Krieger LLP  For a project that is within a metropolitan planning organization for which a sustainable communities strategy or alternative planning strategy is in effect, the infill project shall be consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board has accepted a metropolitan planning organization’s determination, under subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets. (2) A clean renewable energy project that generates electricity exclusively through wind or solar, but not including waste incineration or conversion. (3) A clean energy manufacturing project that manufactures products, equipment, or components used for renewable energy generation, energy efficiency, or for the production of clean alternative fuel vehicles.
(4) A housing development project—i.e., a project that entails either residential units only; mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use; or transitional housing or supportive housing—that meets all of the following conditions:
 The housing development project is located on an infill site.  For a housing development project that is located within a metropolitan planning organization for which a sustainable communities strategy or alternative planning strategy is in effect, the project is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board has accepted a metropolitan planning organization’s determination, under subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets.
 Notwithstanding paragraph (1) of subdivision (a) of Section 21183, the housing development project will result in a minimum investment of fifteen million dollars ($15,000,000), but less than one hundred million dollars ($100,000,000), in California upon completion of construction.  At least 15 percent of the housing development project is dedicated as housing that is affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Upon completion of a housing development project that is qualified under this paragraph and is certified by the Governor, the lead Item: 12
176
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-3 ©Best Best & Krieger LLP agency or applicant of the project shall notify the Office of Planning and Research of the number of housing units and affordable housing units established by the project. Notwithstanding the foregoing, if a local agency has adopted an inclusionary zoning ordinance that establishes a minimum percentage for affordable housing within the jurisdiction in which the housing development project is located that is higher than 15 percent, the percentage specified in the inclusionary zoning ordinance shall be the threshold for affordable housing.
 Except for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code, no part of the housing development project shall be used for a rental unit for a term shorter than 30 days, or designated for hotel, motel, bed and breakfast inn, or other transient lodging use. Moreover, no part of the housing development project shall be used for manufacturing or industrial uses.

The Governor may certify a leadership project for streamlining before the lead agency certifies an EIR for the project if various conditions set forth in Public Resources Code section 21182 are met. The conditions include but are not limited to the following: (1) except as set forth above, the project will result in a minimum investment of one hundred million dollars ($100,000,000) in California upon completion of construction; (2) the project creates high-wage, highly skilled jobs that pay prevailing wages and living wages, provide construction jobs and permanent jobs for Californians, helps reduce unemployment, and promotes apprenticeship training; and (3) the project will not result in any net additional emission of greenhouse gases, including greenhouse gas emissions from employee transportation.

If the Governor certifies a project as an Environmental Leadership Development Project, any lawsuit challenging the project—including any potential appeals to the court of appeal or the California Supreme Court—must be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the trial court.

This section shall remain in effect until January 1, 2026. This section does not comprehensively set forth the rules governing Environmental Leadership Development projects.

For more information, please see Chapter 6.5 of the Public Resources Code, starting with Public Resources Code section 21178.
b) PREPARATION OF A DEIR
Pursuant to Section 15084(a) of the State CEQA Guidelines, the DEIR for a project may be prepared by an environmental consultant retained by the City pursuant to a contract executed in accordance with the City’s Purchasing and Contract Guidelines. In order to streamline the EIR preparation process, and in accordance with Section 15084(d)(2) of the State CEQA Guidelines, preparation of the DEIR, required notices, responses to comments, mitigation measures, and other work reasonably required to complete the EIR process (“EIR Work”), shall be performed by a qualified consultant retained by the City or by City staff.

The Director is authorized to create and maintain a list of pre-qualified EIR Consultants to be used to prepare EIR Work. The Director shall clearly indicate criteria to be used in pre- Item: 12
177
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-4 ©Best Best & Krieger LLP qualifying EIR Consultants. These criteria shall include the Consultant’s level of skill and experience in preparing EIRs, the Consultant’s ability to complete work within the time required, the quality of Consultant’s previous work performed for the City, and the identification of any potentially disqualifying conflicts of interest. Consultants may request pre-qualification by submission of a letter to the Director accompanied by the information required by the Director.

The Director is authorized to determine whether each Consultant satisfies the criteria for pre- qualification.

In the event the Director determines that there are insufficient pre-qualified Consultants or that it would be in the best interests of the City to forego the pre-qualification process, the Director may institute a Request for Proposal process or any other lawful means to obtain a qualified Consultant. It is expressly recognized that the retention of CEQA Consultants is exempt from the City’s requirement that City Council authorization be obtained before a Request for Proposals is issued. This exception recognizes the statutory timeline to retain a Consultant would preclude meaningful review or evaluation of the proposals submitted and the fact that the Consultant’s scope of work is largely set by State law.

The contract for a consultant’s preparation of an EIR must be executed prior to commencement of any work by the environmental consultant but in no event later than forty-five (45) days from the date on which the City sends a Notice of Preparation.

The EIR prepared under contract must be the City’s product. Staff, together with such consultant help as may be required, shall independently review and analyze the EIR to verify its accuracy, objectivity and completeness prior to presenting it to the decision making body. The EIR made available for public review must reflect the independent judgment of the City. c) DEPOSIT FOR PRIVATE PROJECTS
In order to commence the EIR preparation process, the project applicant shall deposit with the City an initial deposit of $9,500. Following selection of an environmental consultant for preparation of the EIR, the applicant shall deposit an amount equal to the contracted amount to complete the EIR plus any fees required by the City. The Director shall use the applicant’s deposits to pay for work completed by the Consultant and for all City costs in reviewing, revising, and processing the same. Following final certification of the EIR or denial of certification by the City Council, the Development Services Department, in conjunction with the Finance Department, shall undertake a final accounting for the EIR process. In the event the amount of the deposit exceeds the City’s costs, including all consulting, staff, legal, and publishing costs, a refund in the amount of the excess shall be provided to the project applicant. In the event such costs exceed the project applicant’s deposit, the City shall bill the project applicant for the overage. d) COOPERATION OF PROJECT APPLICANT
The project applicant shall supply the City with such information and data concerning the project and its effects on the environment as the Director deems necessary for completion of the EIR. In addition, any other person may submit information or comments to the Director to assist in the preparation of the DEIR. The submittal of such information may be presented in any format, including the form of a DEIR. This information or comments may be included in the City’s DEIR, Item: 12
178
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-5 ©Best Best & Krieger LLP in whole or in part, at the City’s election. The decision making body will consider all information and comments received. However, before using a DEIR prepared by another person, the decision making body shall subject the DEIR to the body’s own review and analysis. Nothing in this paragraph shall be construed to be an exception to the requirement of these Guidelines that the DEIR be prepared under contract with the City.
e) NOTICE OF PREPARATION OF DEIR
After the determination has been made that an EIR will be required for a project, or a determination has been made pursuant to Public Resources Code section 21157 with respect to a Master EIR, the Director shall cause a Notice of Preparation (Form “G”) to be prepared and sentsubmitted to the Office of Planning and Research through its CEQA Submit website and to each of the following:
(1) Each Responsible Agency and Trustee Agency involved with the project; (2) Any other federal, state, or local agency which has jurisdiction by law or exercises authority over resources affected by the project, including:
(i) Any water supply agency consulted under Guidelines Section 5)o); (ii) Any city or county bordering on the project area;
(iii) For a project of statewide, regional, or area wide significance, to any transportation agencies or public agencies which have major local arterials or public transit facilities within five (5) miles of the project site or freeways, highways, or rail transit service within ten (10) miles of the project site which could be affected by the project; and (iv) For a subdivision project located within one mile of a facility of the State Water Resources Development System, to the California Department of Water Resources.
(3) The last known name and address of all organizations and individuals who have previously filed a written request with the City to receive these Notices; (4) For certain projects that may impact a low-level flight path, military impact zone, or special use airspace and that meet certain other criteria, to the specified military services contact.
(5) For certain projects that involve the construction or alteration of a facility anticipated to emit hazardous air emissions or handle hazardous substances within one-quarter mile of a school and that meet certain other requirements, to any potentially affected school district.
(6) For certain waste-burning projects, to the owners and occupants of property within one-fourth mile of any parcel on which the project will be located.

Additionally, for a project of statewide, regional, or area wide significance, the City, as Lead Agency, should also consult with public transit agencies with facilities within one-half mile of the proposed project.

Item: 12
179
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-6 ©Best Best & Krieger LLP The Notice of Preparation must also be filed and posted in the office of the County Clerk in the County of Orange for thirty (30) days. The County Clerk must post the Notice within twenty-four (24) hours of receipt.

When submitting the Notice of Preparation to the Office of Planning and Research, a Notice of Completion (Form “H”) should be used as a cover sheet. Responsible and Trustee Agencies, the State Clearinghouse, and the state agencies and other parties to which a Notice of Preparation is sent shall have thirty (30) days from the receipt of the Notice to respond to itin writing via certified mail, email, or an equivalent procedure. If an agency or party fails to respond by the end of the thirty (30) day period, it shall be presumed that the agency or party has no comments on the Notice, unless the City has granted that agency or party additional time to respond. The copies of the Notice of Preparation shall be sent by certified mail or any other method of transmittal which provides the City with a record that the Notice has been received.

At a minimum, the Notice of Preparation shall include:
(1) A description of the project;
(2) The location of the project indicated either on an attached map (preferably a copy of the USGS 15’ or 7½’ topographical map identified by quadrangle name) or by a street address and cross street in an urbanized area;
(3) The probable environmental effects of the project;
(4) The name and address of the consulting firm retained to prepare the DEIR, if applicable; and
(5) The Environmental Protection Agency (“EPA”) list on which the proposed site is located, if applicable, and the corresponding information from the applicant’s statement.
(Reference: Pub. Resources Code, § 21080.4; State CEQA Guidelines, § 15082.) f) SPECIAL NOTICE REQUIREMENTS FOR AFFECTED MILITARY AGENCIES CEQA imposes additional requirements to provide notice to potentially affected military agencies under certain circumstances. When a project meets these requirements, the City must provide the military service’s designated contact with any Notice of Preparation, and/or Notice of Availability of DEIRs that have been prepared for a project, unless the project involves the remediation of lands contaminated with hazardous wastes and meets certain other requirements.

The City must provide the military service with sufficient notice of its intent to certify an EIR to ensure that the military service has no fewer than thirty (30) days to review the document; or forty-five (45) days to review the environmental documents before they are approved if the documents have been submitted to the State Clearinghouse.

It should be noted that the effect, or potential effect, a project may have on military activities does not itself constitute an adverse effect on the environment pursuant to CEQA.

Item: 12
180
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-7 ©Best Best & Krieger LLP (Reference: Pub. Resources Code, §§ 21080.4, 21092; Health & Safety Code, §§ 25300, et seq., 25396, 25187; State CEQA Guidelines, § 15082(a).)
g) PREPARATION OF DEIR
The City as Lead Agency is responsible for preparing a DEIR and may begin preparation immediately without awaiting responses to the Notice of Preparation. However, relevant information communicated to the City not later than thirty (30) days after receipt of the City’s Notice of Preparation shall be included in the DEIR.
(Reference: State CEQA Guidelines, § 15084.)
h) CONSULTATION WITH CALIFORNIA NATIVE AMERICAN TRIBES.

Prior to the release of a DEIR for a project, the lead agency shall begin consultation with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed project if:
(1) The California Native American tribe requested to the lead agency, in writing, to be informed by the lead agency through formal notification of proposed projects in the geographic area that is traditionally and culturally affiliated with the tribe; and
(2) The California Native American tribe responds, in writing, within 30 days of receipt of the formal notification, and requests the consultation. The California Native American tribe shall designate a lead contact person when responding to the lead agency. If a lead contact is not designated by the California Native American tribe, or it designates multiple lead contact people, the lead agency shall defer to the individuals listed on the contact list maintained by the Native American Heritage Commission.

Consultation is defined in Local Guidelines Section 11.11.

The lead agency shall begin the consultation process within 30 days of receiving a California Native American tribe’s request for consultation.

Item: 12
181
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-8 ©Best Best & Krieger LLP If consultation is requested, the parties may propose mitigation measures, including those set forth in Public Resources Code section 21084.3, capable of avoiding or substantially lessening potential significant impacts to a tribal cultural resource or alternatives that would avoid significant impacts to a tribal cultural resource. The consultation may include discussion concerning the type of environmental review necessary, the significance of tribal cultural resources, the significance of the project’s impacts on the tribal cultural resources, and, if necessary, project alternatives or the appropriate measures for preservation or mitigation that the California Native American tribe may recommend to the lead agency.

Additionally, the lead agency or project proponent is not limited in its ability to incorporate changes and additions to the project as a result of the consultation, even if not legally required. (Reference: State CEQA Guidelines, §§ 21080.3.1, 21080.3.2.) i) IDENTIFICATION OF TRIBAL CULTURAL RESOURCES AND PROCESSING OF

INFORMATION AFTER CONSULTATION WITH THE CALIFORNIA NATIVE

AMERICAN TRIBE
After consultation with the California Native American tribe listed above in Local Guidelines Section 7)h), any mitigation measures agreed upon in the consultation conducted pursuant to Public Resources Code section 21080.3.2 shall be recommended for inclusion in the EIR and in an adopted mitigation monitoring and reporting program, if determined to avoid or lessen the impacts and shall be enforceable.

If a project may have a significant impact on a tribal cultural resource, the lead agency’s EIR shall discuss both of the following:
(1) Whether the proposed project has a significant impact on an identified tribal cultural resource;
(2) Whether feasible alternatives or mitigation measures, including those measures that may be agreed to during the consultation, avoid or substantially lessen the impact on the identified tribal cultural resource.

Any information provided regarding the location, description and use of the tribal cultural resource that is submitted by a California Native American tribe during the environmental review process shall not be included in the EIR or otherwise disclosed by the lead agency or any other Item: 12
182
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-9 ©Best Best & Krieger LLP public agency to the public, consistent with Governmental Code sections 6254(r) and 6254.10, and State CEQA Guidelines section 15120(d), without the prior consent of the tribe that provided the information. If the lead agency publishes any information submitted by a California Native America tribe during the consultation or environmental review process, that information shall be published in a confidential appendix to the EIR unless the tribe provides consent, in writing, to the disclosure of some or all of the information to the public. This does not prohibit the confidential exchange of the submitted information between public agencies that have lawful jurisdiction over the preparation of the EIR.

The exchange of confidential information regarding tribal cultural resources submitted by a California Native American tribe during the consultation or environmental review process among the lead agency, the California Native American tribe, the project applicant, or the project applicant’s agent is not prohibited by Public Resources Code section 21082.3. The project applicant and the project applicant’s legal advisers must use a reasonable degree of care and maintain the confidentiality of the information exchanged for the purposes of preventing looting, vandalism, or damage to tribal cultural resources and shall not disclose to a third party confidential information regarding the cultural resource unless the California Native America tribe providing the information consents in writing to the public disclosure of such information.

Public Resources Code section 21082.3 does not prevent a lead agency or other public agency from describing the information in general terms in the EIR so as to inform the public of the basis of the lead agency’s or other public agency’s decision without breaching the confidentiality required. In addition, a lead agency may certify an EIR for a project with a significant impact on an identified tribal cultural resource only if one of the following occurs:
(1) The consultation process between the California Native American tribe and the lead agency has occurred as provided in Public Resources Code sections 21080.3.1 and 21080.3.2 and concluded pursuant to subdivision (b) of Section 21080.3.2. (2) The California Native American tribe has requested consultation pursuant to Public Resources Code section 21080.3.1 and has failed to provide comments to the lead agency, or otherwise failed to engage, in the consultation process. (3) The lead agency has complied with subdivision (d) of Section 21080.3.1 of the Public Resources Code and the California Native American tribe has failed to request consultation within 30 days.

If substantial evidence demonstrates that a project will cause a significant effect to a tribal cultural resource but the decision-makers do not include the mitigation measures recommended by the staff in the DEIR, or if there are no agreed upon mitigation measures at the conclusion of the consultation; or if no consultation has occurred, the lead agency must still consider the adoption of feasible mitigation.
(Reference: Pub. Resources Code, § 21082.3.)
Item: 12
183
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-10 ©Best Best & Krieger LLP j) SIGNIFICANT ADVERSE IMPACTS TO TRIBAL CULTURAL RESOURCES Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource.

If the lead agency determines that a project may cause a substantial adverse change to a tribal cultural resource, and measures are not otherwise identified in the consultation process provided in Public Resources Code section 21080.3.2 as set forth in Local Guidelines Section 7)h), the following examples of mitigation measures, if feasible, may be considered to avoid or minimize the significant adverse impacts:
(1) Avoidance and preservation of the resources in place, including, but not limited to, planning and construction to avoid the resources and protect the cultural and natural context, or planning greenspace, parks, or other open space, to incorporate the resources with culturally appropriate protection and management criteria. (2) Treating the resource with culturally appropriate dignity taking into account the tribal cultural values and meaning of the resource, including, but not limited to the following:
(a) Protecting the cultural character and integrity of the resource. (b) Protecting the traditional use of the resource.
(c) Protecting the confidentiality of the resource.
(3) Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places.
(4) Protecting the resource.
(Reference: Pub. Resources Code, § 21084.3.)
k) CONSULTATION WITH OTHER AGENCIES AND PERSONS
To expedite consultation in response to the Notice of Preparation, the City as Lead Agency, a Responsible Agency, or a project applicant may request a meeting among the agencies involved to assist the City in determining the scope and content of the environmental information that the involved agencies may require. For any project that may affect highways or other facilities under the jurisdiction of the State Department of Transportation, the Department of Transportation can request a scoping meeting. When acting as Lead Agency, the City must convene the meeting as soon as possible but no later than 30 days after the request is made. When acting as a Responsible Agency, the City should make any requests for consultation as soon as possible after receiving a Notice of Preparation.

Prior to completion of the DEIR, the City shall consult with each Responsible Agency and any public agency which has jurisdiction by law over the project.

When acting as a Lead Agency, the City may fulfill this obligation by distributing the Notice of Preparation in compliance with Local Guidelines Section 7)e) and soliciting the Item: 12
184
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-11 ©Best Best & Krieger LLP comments of Responsible Agencies, Trustee Agencies, and other affected agencies. The City may also consult with any individual who has special expertise with respect to any environmental impacts involved with a project. The City may also consult directly with any person or organization it believes will be concerned with the environmental effects of the project, including any interested individuals and organizations of which the City is reasonably aware. The purpose of this consultation is to “scope” the EIR’s range of analysis. When a Negative Declaration or Mitigated Negative Declaration will be prepared for a project, no scoping meeting need be held, although the City may hold one if it so chooses. For private projects, the City as Lead Agency may charge and collect from the applicant a fee not to exceed the actual cost of the consultations.

In addition to soliciting comments on the Notice of Preparation, the City may be required to conduct a scoping meeting to take additional input regarding the impacts to be analyzed in the EIR. The Lead Agency is required to conduct a scoping meeting when:
(1) The meeting is requested by a Responsible Agency, a Trustee Agency, the Office of Planning and Research, or a project applicant;
(2) The project is one of “statewide, regional or areawidearea wide significance” as defined in State CEQA Guidelines section 15206; or
(3) The project may affect highways or other facilities under the jurisdiction of the State Department of Transportation and the Department of Transportation has requested a scoping meeting.

When acting as Lead Agency, the City shall provide notice of the scoping meeting to all of the following:
(1) Any county or city that borders on a county or city within which the project is located, unless the City has a specific agreement to the contrary with that county or city;
(2) Any Responsible Agency;
(3) Any public agency that has jurisdiction by law over the project; (4) A transportation planning agency, or any public agency that has transportation facilities within its jurisdiction, that could be affected by the project; and (5) Any organization or individual who has filed a written request for the notice.

The requirement for providing notice of a scoping meeting may be met by including the notice of the public scoping meeting in the public meeting notice.

Government Code section 65352 requires that before a legislative body may adopt or substantially amend a general plan, the planning agency must refer the proposed action to any city or county, within or abutting the area covered by the proposal, and any special district that may be significantly affected by the proposed action. CEQA allows that referral procedure to be conducted concurrently with the scoping meeting required pursuant to this section of the Local State CEQA Guidelines.

For projects that are also subject to NEPA, a scoping meeting held pursuant to NEPA satisfies the CEQA scoping requirement as long as notice is provided to the agencies and individuals listed above, and in accordance with these Guidelines.

Item: 12
185
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-12 ©Best Best & Krieger LLP The City shall call the scoping meeting as soon as possible but not later than 30 days after the meeting was requested. If the scoping meeting is being conducted concurrently with the procedure in Government Code section 65352 for the consideration of adoption or amendment of general plans, each entity receiving a proposed general plan or amendment of a general plan should have 45 days from the date the referring agency mails it or delivers it in which to comment unless a longer period is specified. The commenting entity may submit its comments at the scoping meeting.

A Responsible Agency or other public agency shall only make comments regarding those activities within its area of expertise or which are required to be carried out or approved by it.

These comments must be supported by specific documentation. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures which mitigate impacts to resources which are within the Responsible or Trustee Agency’s authority.

For projects of statewide, area wide, or regional significance, consultation with transportation planning agencies or with public agencies that have transportation facilities within their jurisdictions shall be for the purpose of obtaining information concerning the project’s effect on major local arterials, public transit, freeways, highways, overpasses, on-ramps, off-ramps, and rail transit services. Any transportation planning agency or public agency that provides information to the lead agency must be notified of, and provided with, copies of any environmental documents relating to the project.
(Reference: State CEQA Guidelines, §§ 15082, 15083.)
l) EARLY CONSULTATION ON PROJECTS INVOLVING PERMIT ISSUANCE When the project involves the issuance of a lease, permit, license, certificate, or other entitlement for use to a person by one or more public agencies, the Director shall, upon the request of the applicant, provide for early consultation regarding the project. The consultation shall seek to identify the range of actions, potential alternatives, mitigation measures, and significant effects to be analyzed in depth in the EIR. The City may also consult with concerned persons identified by the applicant and persons who have made written requests to be consulted.

A request for early consultation shall be made within thirty (30) days after the determination by the City that an EIR will be required for the project. The City Council may by Resolution establish a fee sufficient to recover the actual costs of consultation with the applicant. m) CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT

PROJECTS
Under specific circumstances, the City must consult with the public water system to determine whether it can adequately supply the water needed for the project. See Local Guidelines Section 5)n) for more information on these requirements. (Reference: State CEQA Guidelines, § 15155.)
Item: 12
186
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-13 ©Best Best & Krieger LLP n) GENERAL ASPECTS OF AN EIR
Both a Draft and Final EIR must contain the information outlined in Local Guidelines Section 7)r). Each element must be covered, and when elements are not separated into distinct sections, the document must state where in the document each element is covered.

The body of the EIR shall include summarized technical data, maps, diagrams and similar relevant information. Highly technical and specialized analyses and data should be included in appendices. Appendices may be prepared in separate volumes, but must be equally available to the public for examination. All documents used in preparation of the EIR must be referenced. An EIR shall not include “trade secrets,” locations of archaeological sites and sacred lands, or any other information subject to the disclosure restrictions of the Public Records Act (Government Code section 6250, et seq.).

The EIR should discuss environmental effects in proportion to their severity and probability of occurrence. Effects dismissed in the Initial Study as clearly insignificant and unlikely to occur need not be discussed.

The Initial Study should be used to focus the EIR so that the EIR identifies and discusses only the specific environmental problems or aspects of the project which have been identified as potentially significant or important. A copy of the Initial Study should be attached to the EIR or included in the administrative record to provide a basis for limiting the impacts discussed.

The EIR shall contain a statement briefly indicating the reason for determining that various effects of a project that could possibly be considered significant were not found to be significant and consequently were not discussed in detail in the EIR. The City should also note any conclusion by it that a particular impact is too speculative for evaluation.

The EIR should omit unnecessary descriptions of projects and emphasize feasible mitigation measures and alternatives to projects.
o) USE OF REGISTERED CONSULTANTS IN PREPARING EIRS
An EIR is not a technical document that can be prepared only by a registered consultant or professional. However, state statutes may provide that only registered professionals can prepare certain technical studies which will be used in or which will control the detailed design, construction, or operation of the proposed project and which will be prepared in support of an EIR. (Reference: State CEQA Guidelines, § 15149.)
p) INCORPORATION BY REFERENCE
A CEQA document, such as a Negative Declaration, Mitigated Negative Declaration or an EIR, may incorporate by reference all or portions of another document which is a matter of public record or is generally available to the public. Any incorporated document shall be considered to be set forth in full as part of the text of the subsequent document. When all or part of another document is incorporated by reference, that document shall be made available to the public for Item: 12
187
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-14 ©Best Best & Krieger LLP inspection at the City’s offices. The subsequent document shall state where incorporated documents will be available for inspection.

When using incorporation by reference, the incorporated part of the referenced document shall be briefly summarized, if possible, or briefly described if the data or information cannot be summarized. The relationship between the incorporated document and the subsequent document shall be described. When information from a document that has previously been reviewed through the state review system (“State Clearinghouse”) is incorporated by the City, the state identification number of the incorporated document should be included in the summary or text of the subsequent document.
(Reference: State CEQA Guidelines, § 15150.)
q) STANDARDS FOR ADEQUACY OF AN EIR
An EIR should be prepared with a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which takes into account the environmental consequences of the project. The evaluation of environmental effects need not be exhaustive, but must be within the scope of what is reasonably feasible. The EIR should be written and presented in such a way that it can be understood by governmental decision makers and members of the public. A good faith effort at completeness is necessary. The adequacy of an EIR is assessed in terms of what is reasonable in light of factors such as the magnitude of the project at issue, the severity of its likely environmental impacts, and the geographic scope of the project.

CEQA does not require a Lead Agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commentators, but CEQA does require the Lead Agency to make a good faith, reasoned response to timely comments raising significant environmental issues.

There is no need to unreasonably delay adoption of an EIR in order to include results of studies in progress, even if those studies will shed some additional light on subjects related to the project. (Reference: State CEQA Guidelines, § 15151.)
r) FORM AND CONTENT OF EIR
The text of the EIR should normally be less than 150 pages. For proposals of unusual scope or complexity, the EIR may be longer than 150 pages but should normally be less than 300 pages. The required contents of an EIR are set forth in Sections 15122 through 15132 of the State CEQA Guidelines. In brief, the EIR must contain:
(1) A table of contents or an index.
(2) A brief summary of the proposed project, including each significant effect with proposed mitigation measures and alternatives, areas of known controversy and issues to be resolved including the choice among alternatives and whether or how to mitigate the significant effects, and whether there are any significant and unavoidable impacts. (Generally, the summary should be less than fifteen (15) pages.)
Item: 12
188
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-15 ©Best Best & Krieger LLP (3) A description of the proposed project, including its underlying purpose and a list of permit and other approvals required to implement the project. (See Local Guidelines Section 7)x) regarding analysis of future project expansion.) (4) A description of the environmental setting which includes the project’s physical environmental conditions from both a local and regional perspective at the time the Notice of Preparation is published, or if no Notice of Preparation is published, at the time environmental analysis begins. (State CEQA Guidelines section 15125.) This environmental setting will normally constitute the baseline physical conditions by which the Lead Agency determines whether an impact is significant. However, the City may choose any baseline that is appropriate as long as the City’s choice of baseline is supported by substantial evidence.
(5) A discussion of any inconsistencies between the proposed project and applicable general, specific and regional plans. Such plans include, but are not limited to, the applicable air quality attainment or maintenance plan or State Implementation Plan, area wide waste treatment and water quality control plans, regional transportation plans, regional housing allocation, regional blueprint plans, plans for the reduction of greenhouse gas emissions, habitat conservation plans, natural community conservation plans and regional land use plans.
(6) A description of the direct and indirect significant environmental impacts of the proposed project explaining which, if any, can be avoided or mitigated to a level of insignificance, indicating reasons that various possible significant effects were determined not to be significant and denoting any significant effects which are unavoidable or could not be mitigated to a level of insignificance. Direct and indirect significant effects shall be clearly identified and described, giving due consideration to both short-term and long-term effects. (7) Potentially significant energy implications of a project must be considered to the extent relevant and applicable to the project. (See Local Guidelines Section 5)r).) (8) An analysis of a range of alternatives to the proposed project which could feasibly attain the project’s objectives as discussed in Local Guidelines Section 7)w). (9) A description of any significant irreversible environmental changes which would be involved in the proposed action should it be implemented if, and only if, the EIR is being prepared in connection with:
(a) The adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency;
(b) The adoption by a Local Agency Formation Commission of a resolution making determinations; or
(c) A project which will be subject to the requirement for preparing an Environmental Impact Statement pursuant to the National Environmental Policy Act.
(10) An analysis of the growth-inducing impacts of the proposed action. The discussion should include ways in which the project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in Item: 12
189
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-16 ©Best Best & Krieger LLP the surrounding environment. Growth-inducing impacts may include the estimated energy consumption of growth induced by the project.
(11) A discussion of any significant, reasonably anticipated future developments and the cumulative effects of all proposed and anticipated action as discussed in Local Guidelines Section 7)t).
(12) In certain situations, a regional analysis should be completed for certain impacts, such as air quality.
(13) A discussion of any economic or social effects, to the extent that they cause or may be used to determine significant environmental impacts. (14) A statement briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and, therefore, were not discussed in the EIR.
(15) The identity of all federal, state or local agencies or other organizations and private individuals consulted in preparing the EIR, and the identity of the persons, firm or agency preparing the EIR, by contract or other authorization. To the fullest extent possible, the City should integrate CEQA review with these related environmental review and consultation requirements.
(16) A discussion of those potential effects of the proposed project on the environment which the City has determined are or may be significant. The discussion on other effects may be limited to a brief explanation as to why those effects are not potentially significant.
(17) A description of feasible measures, as set forth in Local Guidelines Section 7)r), which could minimize significant adverse impacts.
(Reference: State CEQA Guidelines, §§ 15120-15148.)
s) CONSIDERATION AND DISCUSSION OF SIGNIFICANT ENVIRONMENTAL IMPACTS An EIR must identify and focus on the significant effects of the proposed project on the environment. In assessing the proposed project’s potential impacts on the environment, the City should normally limit its examination to comparing changes that would result from the project as compared to the existing physical conditions in the affected area as they exist when the Notice of Preparation is published. If a Notice of Preparation is not published for the project, the City should compare the proposed project’s potential impacts to the physical conditions that exist at the time environmental review begins.

Direct and indirect significant effects of the project on the environment must be clearly identified and described, considering both the short-term and long-term effects. The discussion should include relevant specifics of the area, the resources involved, physical changes, alterations to ecological systems, and changes induced in population distribution, population concentration, the human use of the land (including commercial and residential development), health and safety problems caused by the physical changes, and other aspects of the project that may impact resources in the project area, such as water, historical resources, scenic quality, and public services.

The EIR must also analyze any significant environmental effects the project might cause or risk exacerbating by bringing development and people into the area. If applicable, an EIR should also evaluate any potentially significant direct, indirect, or cumulative environmental impacts of locating development in areas susceptible to hazardous conditions (e.g., floodplains, coastlines, Item: 12
190
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-17 ©Best Best & Krieger LLP wildfire risk areas), including both short-term and long-term conditions, as identified on authoritative hazard maps, risk assessments or in land use plans addressing such hazards areas.

If analysis of the project's energy use reveals that the project may result in significant environmental effects due to wasteful, inefficient, or unnecessary use of energy, or wasteful use of energy resources, the EIR shall mitigate that energy use. This analysis should include the project's energy use for all project phases and components, including transportation-related energy, during construction and operation. In addition to building code compliance, other relevant considerations may include, among others, the project's size, location, orientation, equipment use and any renewable energy features that could be incorporated into the project. This analysis is subject to the rule of reason and shall focus on energy use that is caused by the project. This analysis may be included in related analyses of air quality, greenhouse gas emissions, transportation or utilities in the discretion of the Lead Agency.

The EIR must describe all significant impacts, including those which can be mitigated but not reduced to a level of insignificance. Where there are impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the project is being proposed, notwithstanding their effect, should be described.

The EIR must also discuss any significant irreversible environmental changes which would be caused by the project. For example, use of nonrenewable resources during the initial and continued phases of a project may be irreversible if a large commitment of such resources makes removal or nonuse thereafter unlikely. Additionally, the discussion of irreversible commitment of resources may include a discussion of how the project preempts future energy development or future energy conservation. Irretrievable commitments of resources to the proposed project should be evaluated to assure that such current consumption is justified. (Reference: Pub. Resources Code, § 21100.)
t) ENVIRONMENTAL SETTING.

An EIR must include a description of the physical environmental conditions in the vicinity of the project. This environmental setting will normally constitute the baseline physical conditions by which the City as Lead Agency determines whether an impact is significant. The description of the environmental setting shall be no longer than is necessary to provide an understanding of the significant effects of the proposed project and its alternatives. The purpose of this requirement is to give the public and decision makers the most accurate and understandable picture practically possible of the project's likely near-term and long-term impacts.

Generally, the Lead Agency should describe physical environmental conditions as they exist at the time the Notice of Preparation is published, or if no Notice of Preparation is published, at the time environmental analysis is commenced, from both a local and regional perspective.

Where existing conditions change or fluctuate over time, and where necessary to provide the most accurate picture practically possible of the project's impacts, the Lead Agency may define existing conditions by referencing historic conditions, or conditions expected when the project becomes operational, or both, that are supported with substantial evidence. In addition, the Lead Agency Item: 12
191
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-18 ©Best Best & Krieger LLP may also use baselines consisting of both existing conditions and projected future conditions that are supported by reliable projections based on substantial evidence in the record.

The Lead Agency may use projected future conditions (beyond the date of project operations) as the sole baseline for analysis only if it demonstrates with substantial evidence that use of existing conditions would be either misleading or without informative value to decision- makers and the public. Use of projected future conditions as the only baseline must be supported by reliable projections based on substantial evidence in the record.

An existing conditions baseline shall not include hypothetical conditions—such as those that might be allowed but have never actually occurred under existing permits or plans— as the baseline.
(State CEQA Guidelines, § 15125.)
u) ANALYSIS OF CUMULATIVE IMPACTS.

An EIR must discuss cumulative impacts when the project’s incremental effect is “cumulatively considerable” as defined in Local Guidelines Section 11.13. When the City is examining a project with an incremental effect that is not “cumulatively considerable,” it need not consider that effect significant, but must briefly describe the basis for this conclusion. A project’s contribution may be less than cumulatively considerable if the project is required to implement or fund its fair share of a mitigation measure designed to alleviate the cumulative impact. When relying on a fee program or mitigation measure(s), the City must identify facts and analysis supporting its conclusion that the cumulative impact is less than significant.

The City may determine that a project’s incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program that provides specific requirements that will avoid or substantially lessen the cumulative problem in the geographic area in which the project is located.

Such plans and programs may include, but are not limited to:
(1) Water quality control plans;
(2) Air quality attainment or maintenance plans;
(3) Integrated waste management plans;
(4) Habitat conservation plans;
(5) Natural community conservation plans; and/or
(6) Plans or regulations for the reduction of greenhouse gas emissions.

When relying on such a regulation, plan, or program, the City should explain how implementing the particular requirements of the plan, regulation or program will ensure that the project’s incremental contribution to the cumulative effect is not cumulatively considerable.

A cumulative impact consists of an impact which is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts. An EIR should not discuss impacts which do not result in part from the project evaluated in the EIR.

Item: 12
192
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-19 ©Best Best & Krieger LLP The discussion of cumulative impacts in an EIR must focus on the cumulative impact to which the identified other projects contribute, rather than the attributes of other projects which do not contribute to the cumulative impact. The discussion of significant cumulative impacts must include either of the following:
(1) A list of past, present, and probable future projects causing related or cumulative impacts including, if necessary, those projects outside the control of the City; or (2) A summary of projections contained in an adopted local, regional or statewide plan, or related planning document, that describes or evaluates conditions contributing to the cumulative effect. Such plans may include: a general plan, regional transportation plan, or a plan for the reduction of greenhouse gas emissions. A summary of projections may also be contained in an adopted or certified prior environmental document for such a plan. Such projections may be supplemented with additional information such as a regional modeling program. Documents used in creating a summary of projections must be referenced and made available to the public.

When utilizing a list, as suggested above, factors to consider when determining whether to include a related project should include the nature of each environmental resource being examined and the location and type of project. Location may be important, for example, when water quality impacts are involved since projects outside the watershed would probably not contribute to a cumulative effect. Project type may be important, for example, when the impact is specialized, such as a particular air pollutant or mode of traffic.

Public Resources Code section 21094 also states that if a Lead Agency determines that a cumulative effect has been adequately addressed in an earlier EIR, it need not be examined in a later EIR if the later project’s incremental contribution to the cumulative effect is not cumulatively considerable. A cumulative effect has been adequately addressed in the prior EIR if:
(1) it has been mitigated or avoided as a result of the prior EIR; or (2) the cumulative effect has been examined in a sufficient level of detail to enable the effect to be mitigated or avoided by site-specific revisions, the imposition of conditions, or other means in connection with the approval of the later project.

Public Resources Code section 21094 only applies to earlier projects that (1) are consistent with the program, plan, policy, or ordinance for which an environmental impact report has been prepared and certified, (2) are consistent with applicable local land use plans and zoning of the city, county, or city and county in which the later project would be located and (3) are not subject to Public Resources Code section 21156.

If the Lead Agency determines that the cumulative effect has been adequately addressed in a prior EIR, the Lead Agency should clearly explain the basis for its determination in the current environmental documentation for the project.

The City should define the geographic scope of the area affected by the cumulative effect and provide a reasonable explanation for the geographic limitation used. (Reference: State CEQA Guidelines, § 15130.)
Item: 12
193
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-20 ©Best Best & Krieger LLP v) ANALYSIS OF MITIGATION MEASURES
The discussion of mitigation measures in an EIR must distinguish between measures proposed by project proponents and other measures proposed by Lead, Responsible or Trustee Agencies. This discussion shall identify mitigation measures for each significant environmental effect identified in the EIR.

Where several measures are available to mitigate an impact, each should be disclosed and the basis for selecting a particular measure should be identified. Formulation of mitigation measures shall not be deferred until some future time. The specific details of a mitigation measure, however, may be developed after project approval when it is impractical or infeasible to include those details during the project's environmental review provided that the Lead Agency (1) commits itself to the mitigation, (2) adopts specific performance standards the mitigation will achieve, and (3) identifies the type(s) of potential action(s) that can feasibly achieve that performance standard and that will be considered, analyzed, and potentially incorporated in the mitigation measure.

Compliance with a regulatory permit or other similar process may be identified as mitigation if compliance would result in implementation of measures that would be reasonably expected, based on substantial evidence in the record, to reduce the significant impact to the specified performance standards.

If a mitigation measure would cause one or more significant effects in addition to those that would be caused by the project as proposed, the effects of the mitigation measure shall be disclosed but in less detail than the significant effects of the project itself.

If a project includes a housing development, the City may not reduce the project’s proposed number of housing units as a mitigation measure or project alternative if the City determines that there is another feasible specific mitigation measure or project alternative that would provide a comparable level of mitigation without reducing the number of housing units.

Mitigation measures must be fully enforceable through permit conditions, agreements, or other legally binding instruments. In the case of the adoption of a plan, policy, regulation, or other public project, mitigation measures can be incorporated into the plan, policy, regulation, or project design. Mitigation measures must also be consistent with all applicable constitutional requirements such as the “nexus” and “rough proportionality” standards.

Where maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of the historical resource will be conducted in a manner consistent with the Secretary of the Interior’s “Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings” (1995), Weeks and Grimmer, the project’s impact on the historical resource shall generally be considered mitigated below a level of significance and thus not significant.

The City should, whenever feasible, seek to avoid damaging effects on any historical resource of an archaeological nature. The following factors must be considered and discussed in an EIR for a project involving an archaeological site:
(1) Preservation in place is the preferred manner of mitigating impacts to archaeological sites.

Item: 12
194
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-21 ©Best Best & Krieger LLP (2) Preservation in place may be accomplished by, but is not limited to, the following:
(a) Planning construction to avoid archaeological sites; (b) Incorporation of sites within parks, green space, or other open spaces; (c) Covering the archaeological sites with a layer of chemically stable soil before building tennis courts, parking lots, or similar facilities on the site; (d) Deeding the site into a permanent conservation easement.

When data recovery through excavation is the only feasible mitigation, a data recovery plan, which makes provision for adequately recovering the scientifically consequential information from and about the historical resource, shall be prepared and adopted prior to excavation. Such studies must be deposited with the California Historical Resources Regional Information Center.

Data recovery shall not be required for a historical resource if the City determines that existing testing or studies have adequately recovered the scientifically consequential information from and about the archaeological or historical resource, provided that the determination is documented in the EIR and that the studies are deposited with the California Historical Resources Regional Information Center.
(Reference: State CEQA Guidelines, § 15126.4.)
w) ANALYSIS OF ALTERNATIVES IN AN EIR
The alternatives analysis must describe and evaluate the comparative merits of a range of reasonable alternatives to the project or to the location of the project which would feasibly attain most of the basic objectives of the project, but which would avoid or substantially lessen any of the significant effects of the project. An EIR need not consider every conceivable alternative to a project, and it need not consider alternatives which are infeasible. Rather, an EIR must consider a reasonable range of potentially feasible alternatives that will foster informed decision making and public participation.

Purpose of the Alternatives Analysis: An EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment. For this reason, a discussion of alternatives must focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effect of the project, even if these alternatives would impede to some degree the attainment of the project objectives or would be more costly.

Selection of a Range of Reasonable Alternatives: The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic purposes of the project and could avoid or substantially lessen one or more of the significant effects, even if those alternatives would be more costly or would impede to some degree the attainment of the project’s objectives. The EIR should briefly describe the rationale for selecting the alternatives to be discussed. The EIR should also identify any alternatives that were considered by the Lead Agency and rejected as infeasible during the scoping process, and it should briefly explain the Item: 12
195
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-22 ©Best Best & Krieger LLP reasons for rejecting those alternatives. Additional information explaining the choice of alternatives should be included in the administrative record. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (a) failure to meet most of the basic project objectives; (b) infeasibility; or (c) inability to avoid significant environmental impacts.

Evaluation of Alternatives: The EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis and comparison with the proposed project. A matrix displaying the major characteristics and significant environmental effects of each alternative may be used to summarize the comparison. The matrix may also identify and compare the extent to which each alternative meets project objectives. If an alternative would cause one or more significant effects in addition to those that would be caused by the project as proposed, the significant effects of the alternative shall be discussed but in less detail than the significant effects of the project as proposed.

The Rule of Reason: The range of alternatives required in an EIR is governed by a “rule of reason” which courts have held means that an alternatives discussion must be reasonable in scope and content. Therefore, the EIR must set forth only those alternatives necessary to permit public participation, informed decision making, and a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project.

Of those alternatives, the EIR need examine in detail only the ones the City determines could feasibly attain most of the basic objectives of the project. An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote and speculative.

Feasibility of Alternatives: The factors that may be taken into account when addressing the feasibility of alternatives include: site suitability; economic viability; availability of infrastructure; general plan consistency; other plans or regulatory limitations; jurisdictional boundaries (projects with a regionally significant impact should consider the regional context); and whether the proponent already owns the alternative site or can reasonably acquire, control or otherwise have access to the site. No one factor establishes a fixed limit on the scope of reasonable alternatives.

Alternative Locations: The first step in the alternative location analysis is to determine whether any of the significant effects of the project could be avoided or substantially lessened by putting the project in another location. This is the key question in this analysis. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR.

The second step in this analysis is to determine whether any of the alternative locations are feasible. If the City concludes that no feasible alternative locations exist, it must disclose its reasons, and it should include them in the EIR. When a previous document has sufficiently analyzed a range of reasonable alternative locations and environmental impacts for a project with the same basic purpose, the City should review the previous document and incorporate the previous document by reference. To the extent the circumstances have remained substantially the same with respect to an alternative, the EIR may rely on the previous document to help it assess the feasibility of the potential project alternative.

Item: 12
196
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-23 ©Best Best & Krieger LLP The “No Project” Alternative: The specific alternative of “no project” must be evaluated along with its impacts. The purpose of describing and analyzing the no project alternative analysis is to allow decision makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. The no project alternative analysis, therefore may be different from the baseline environmental conditions. The no project alternative will be the same as the baseline only if the no project alternative is identical to the existing environmental setting and the Lead Agency has chosen the existing environmental setting as the baseline.

A discussion of the “no project” alternative should proceed along one of two lines:
(1) When the project is the revision of an existing land use or regulatory plan, policy or ongoing operation, the “no project” alternative will be the continuation of the existing plan, policy or operation into the future. Typically, this is a situation where other projects initiated under the existing plan will continue while the new plan is developed. Thus, the projected impacts of the proposed plan or alternative plans would be compared to the impacts that would occur under the existing plan; or (2) If the project is other than a land use or regulatory plan, for example a development project on identifiable property, the “no project” alternative is the circumstance under which the project does not proceed. This discussion would compare the environmental effects of the property remaining in its existing state against environmental effects which would occur if the project is approved. If disapproval of the project would result in predictable actions by others, such as the proposal of some other project, this “no project” consequence should be discussed.

After defining the “no project” alternative, the City should proceed to analyze the impacts of the “no project” alternative by projecting what would reasonably be expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services. If the “no project” alternative is the environmentally superior alternative, the EIR must also identify another environmentally superior alternative among the remaining alternatives.

Remote or Speculative Alternatives: An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote and speculative. (Reference: State CEQA Guidelines, § 15126.6.)
x) ANALYSIS OF FUTURE EXPANSION
An EIR must include an analysis of the environmental effects of future expansion (or other similar future modifications) if there is credible and substantial evidence that:
(1) The future expansion or action is a reasonably foreseeable consequence of the initial project; and
(2) The future expansion or action is likely to change the scope or nature of the initial project or its environmental effects.

Absent these two circumstances, future expansion of a project need not be discussed.

CEQA does not require speculative discussion of future development which is unspecific or Item: 12
197
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-24 ©Best Best & Krieger LLP uncertain. However, if future action is not considered now, it must be considered and environmentally evaluated before it is actually implemented. (Reference: Laurel Heights Improvement Ass’n v. Regents of University of California (1988) 47 Cal.3d 376, 396.)
y) NOTICE OF COMPLETION OF DEIR; NOTICE OF AVAILABILITY OF DEIR Notice of Completion. When the DEIR is completed, a Notice of Completion (Form “H”) shall be filed with the State Office of Planning and Research in an electronic form . The State Clearinghouse only accepts submissions of CEQA documents electronically via its “CEQA Submit database.” As of November 3, 2020, the State Clearinghouse no longer accepts printed copies of CEQA documents. For instructions on how to submit a document to the State Clearinghouse, see http://www.opr.ca.gov/clearinghouse/ceqa/document-submission.html via the Office of Planning and Research’s CEQA Submit website, which is located at the following web address: https://ceqasubmit.opr.ca.gov/Security/LogOn?ReturnUrl=%2f . The Notice of Completion shall contain:
(1) A brief description of the proposed project,
(2) The location of the proposed project including the proposed project’s latitude and longitude;
(3) An address where copies of the DEIR are available and a description of how the DEIR can be provided in an electronic format; and
(4) The review period during which comments will be received on the DEIR.

The Office of Planning and Research has developed a model form Notice of Completion.

Form H follows OPR’s model. To ensure that the documents are accepted by OPR staff, this form should be used when documents are transmitted to OPR.

Notice of Availability. At the same time the Director causes a Notice of Completion to be sent to the Office of Planning and Research, the Director shall provide public notice of the availability of the DEIR by distributing a Notice of Availability of DEIR (Form “K”). The Notice of Availability shall include at least the following information:
(a) A brief description of the proposed project and its location; (b) The starting and ending dates for the review period during which comments will be received, the manner in which the City will receive those comments, and whether the review period has been shortened;
(c) The date, time, and place of any scheduled public meetings or hearings to be held by the City on the proposed project, if the City knows this information when it prepares the Notice;
(d) A list of the significant environmental effects anticipated as a result of the project; Item: 12
198
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-25 ©Best Best & Krieger LLP (e) The address where copies of the EIR and all documents incorporated by reference in the EIR will be available for public review, and a description of how the DEIR can be obtained in electronic format. This location shall be readily accessible to the public during the City’s normal working hours; and
(f) A statement indicating whether the project site is included on any list of hazardous waste facilities, land designated as hazardous waste property, or hazardous waste disposal site, and, if so, the information required in the Hazardous Waste and Substances Statement pursuant to Government Code section 65962.5.

The Notice of Availability shall be provided to:
(a) Each Responsible and Trustee Agency;
(b) Any other federal, state, or local agency which has jurisdiction by law or exercises authority over resources affected by the project, including:
(i) Any water supply agency consulted under Guidelines Section 5)o); (ii) Any city or county bordering on the project area;
(iii) For a project of statewide, regional, or area wide significance, to any transportation agencies or public agencies which have major local arterials or public transit facilities within five (5) miles of the project site or freeways, highways, or rail transit service within ten (10) miles of the project site which could be affected by the project;
(iv) For a subdivision project located within one mile of a facility of the State Water Resources Development System, to the California Department of Water Resources; and
(v) For a general plan amendment, a project of statewide, regional, or area wide significance, or a project that relates to a public use airport, or to certain projects involving military services (See Local Guidelines Section 7)f).). (c) The last known name and address of all organizations and individuals who have previously filed a written request with the City to receive these Notices; (d) For certain projects that may impact a low-level flight path, military impact zone, or special use airspace and that meet other criteria described in Local Guidelines Section 7)f) to the specified military services contact; (e) For certain projects that involve the construction or alteration of a facility anticipated to emit hazardous air emissions or handle hazardous substances within one-quarter mile of a school and that meet certain other requirements, to any potentially affected school district;
Item: 12
199
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-26 ©Best Best & Krieger LLP (f) For certain waste-burning projects that meet certain requirements, to the owners and occupants of property within one-fourth mile of any parcel on which the project will be located; and
(g) For a project that establishes or amends a redevelopment plan that contains land in agricultural use, notice and a copy of the DEIR shall be provided to the agricultural and farm agencies and organizations specified in Health and Safety Code section 33333.3.

Staff may also consult with and obtain comments from any person known to have special expertise or any other person or organization whose comments relative to the DEIR would be desirable.

In addition, public noticeNotice shall be given to the last known name and address of all organizations and individuals who have previously requested notice; by posting the notice on the website of the lead agency; and by at least one (1) of the following procedures:
(a) Publication of the Notice of Completion and/or the Notice of Availability at least one (1) time in a local newspaper of general circulation in the area affected by the proposed project. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas;
(b) Posting of the Notice of Completion and/or the Notice of Availability on and off site in the area of the proposed project; or,
(c) Direct mailing of the Notice of Completion and/or the Notice of Availability to owners and occupants of property contiguous to the project, as identified on the latest equalized assessment roll.

The Notice of Completion and Notice of Availability shall be posted in the office of the Clerk in each county in which the project is located for at least thirty (30) days. If the public review period for the DEIR is longer than thirty (30) days, the City may wish to leave the Notice posted until the public review period for the DEIR has expired.

Copies of the DEIR shall also be made available at the City office for review by members of the general public. The City may require any person obtaining a copy of the DEIR to reimburse the City for the actual cost of its reproduction. Copies of the DEIR should also be furnished to appropriate public library systems.

The City may require requests for copies of these Notices to be renewed annually and may charge a fee for the reasonable cost of providing this service. A project will not be invalidated due to a failure to send a requested Notice provided there has been substantial compliance with these notice provisions. An action shall not be invalidated due to failure to send a requested notice provided the City has complied substantially with these notice provisions.

To increase public awareness, these notices may be posted on the City’s web site, accessible through the internet. Such postings are not required but encouraged where convenient and are in addition to the procedures required by the State CEQA Guidelines and the Public Resources Code.

Item: 12
200
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-27 ©Best Best & Krieger LLP The City shall also post an electronic copy of the Notice of Completion, Notice of Availability, and DEIR on its website.
(Reference: Pub. Resources Code, § 21082.1; State CEQA Guidelines, §§ 15085, 15087.) z) REVIEW OF EIR BY OTHER PERSONS
After the DEIR is completed, the Director shall consult with and obtain comments from each Responsible Agency, Trustee Agency, and any other agencies having jurisdiction by law over resources which may be affected by the project, including water agencies consulted pursuant to Local Guidelines Section 5)n). The City may fulfill its obligation to solicit comments from these agencies by providing them with a Notice of Availability or Notice of Completion and a copy of the DEIR. For state agencies, the City may fulfill its obligation by submitting its documents to the State Clearinghouse for distribution as provided in Local Guidelines Section 7)aa).

Public agencies having jurisdiction by law over a project shall include, but are not necessarily limited to:
(1) Any city or county bordering the project area;
(2) Transportation planning agencies and public agencies with transportation facilities located within the project area; and
(3) The State Department of Water Resources, when a project is located within one mile of a facility of the State Water Resources Development System.

The Director may also solicit comments from any persons or organizations known to have special expertise whose comments relative to the DEIR would be desirable. The Director shall provide the general public with an opportunity to comment on the DEIR. aa) SUBMISSION OF DEIR TO STATE CLEARINGHOUSE
A DEIR must be submitted to the State Clearinghouse, at the same time as the Notice of Completion, in an electronic form as required by the Office of Planning and Research, regardless of whether the document must be circulated for review and comment by state agencies under State CEQA Guidelines section 15205 and 15206. The DEIR must be submitted via the Office of Planning and Research’s CEQA Submit website
(https://ceqasubmit.opr.ca.gov/Security/LogOn?ReturnUrl=%2f). The CEQA Submit website differentiates between environmental documents that do require review and comment by state agencies and those that do not. In particular, the website provides a “Local Review Period” tab for submitting documents that do not require review and comment by state agencies, and a “State Review Period” tab for submitting documents that do require review and comment by state agencies.

A DEIR must be submitted to the State Clearinghouse for review and comment by state agencies (i.e., the DEIR must be submitted through the CEQA Submit website under the “State Review Period” tab) in the following situations:
(1) The DEIR is prepared by a Lead Agency which is a state agency; Item: 12
201
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-28 ©Best Best & Krieger LLP (2) A state agency is a Responsible Agency, Trustee Agency, or otherwise has jurisdiction by law over resources potentially affected by the project; or (3) The DEIR is for a project identified in State CEQA Guidelines section 15206 as being a project of statewide, regional, or area wide significance.

State CEQA Guidelines section 15206 identifies the following types of projects as being examples of projects of statewide, regional, or area wide significance which require submission to the State Clearinghouse for circulation:
(1) General plans, elements, or amendments for which an EIR was prepared. (2) Projects which have the potential for causing significant environmental effects beyond the city or county where the project would be located, such as:
(1) Residential development of more than 500 units.
(2) Commercial projects employing more than 1,000 persons or covering more than 500,000 square feet of floor space.
(3) Office building projects employing more than 1,000 persons or covering more than 250,000 square feet of floor space.
(4) Hotel or motel development of more than 500 rooms.
(5) Industrial projects housing more than 1,000 persons, occupying more than 40 acres of land, or covering more than 650,000 square feet of floor area. (3) Projects for the cancellation of a Williamson Act contract covering 100 or more acres.
(4) Projects in one of the following Environmentally Sensitive Areas:
(a) Lake Tahoe Basin.
(b) Santa Monica Mountains Zone.
(c) Sacramento-San Joaquin River Delta.
(d) Suisun Marsh.
(e) Coastal Zone, as defined by the California Coastal Act. (f) Areas within one-quarter mile of a river designated as wild and scenic. (g) Areas within the jurisdiction of the San Francisco Bay Conservation and Development Commission.

Item: 12
202
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-29 ©Best Best & Krieger LLP (5) Projects which would affect sensitive wildlife habitats or the habitats of any rare, threatened, or endangered species.
(6) Projects which would interfere with water quality standards. (7) Projects which would provide housing, jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant.

A DEIR may also be submitted to the State Clearinghouse for review and comment by state agencies when a state agency has special expertise with regard to the environmental impacts involved.

When the Draft EIR will be reviewed through the State review process handled by the State Clearinghouse, a Notice of Completion (Form “H”) should be used as a cover sheet. The State Clearinghouse only accepts submissions of CEQA documents electronically via its “CEQA Submit database.” As of November 3, 2020, the State Clearinghouse no longer accepts printed copies of CEQA documents. For instructions on how to submit a document to the State Clearinghouse, see http://www.opr.ca.gov/clearinghouse/ceqa/document-submission.html.

Submission of the DEIR to the State Clearinghouse affects the timing of the public review period.
(Reference: State CEQA Guidelines, §§ 15205, 15206.)
bb) TIME FOR REVIEW OF DEIR; FAILURE TO COMMENT
A period of between thirty (30) and sixty (60) days from the filing of the Notice of Completion of the DEIR shall be allowed for review of and comment on the DEIR, except in unusual situations. When a DEIR is submitted to the State Clearinghouse for review by state agencies, the publicIf the DEIR is for a proposed project where a state agency is the lead agency, a responsible agency, or a trustee agency; a state agency otherwise has jurisdiction by law with respect to the project; or the proposed project is of sufficient statewide, regional, or area-wide significance as determined pursuant to State CEQA Guidelines section 15206, the review period shall be at least forty-five (45) days, (unless a shorter period is approved by theas set forth below), and the lead agency shall provide the document in an electronic form, as required by the Office of Planning and Research, to the State Clearinghouse as discussed belowfor review and comment by state agencies.

For purposes of calculating the length of the public review period, the last day of the public review period cannot fall on a weekend, a legal holiday, or other day on which the lead agency’s offices are closed.2 (Reference: Rominger v. County of Colusa (2014) 229 Cal.App.4th 690, 708.) 2 A public agency’s “offices are closed” for purposes of this section on days in which the agency is formally closed for business (for example, due to a weekend, a legal holiday, or a formal furlough affecting the entire office). A public agency’s office is not considered closed for purposes of this section where the agency’s office may be physically closed, but the agency is nonetheless open for business and is operating remotely or virtually (for example, in response to the Covid-19 pandemic).

Item: 12
203
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-30 ©Best Best & Krieger LLP If a state agency is a Responsible Agency, or if the DEIR is submitted to the State Clearinghouse for review and comment by state agencies, the public review period shall be at least as long as the review period established by the State Clearinghouse. The public review period and the state agency review period may, but are not required to, begin and end at the same time. The state agency review period begins (day one) on the date that the State Clearinghouse distributes the DEIR to state agencies. The State Clearinghouse is required to distribute the DEIR to state agencies within three (3) working days from the date the State Clearinghouse receives the document, as long as the DEIR is complete when submitted to the State Clearinghouse. If the document submitted to the State Clearinghouse is not complete, the State Clearinghouse must notify the Lead Agency. The review period for the public and all other agencies may run concurrently with the state agency review period established by the State Clearinghouse.

A shortened review period may be requested as provided in Local Guidelines Section 7)cc).

In the event a public agency, group, or person whose comments on a DEIR are solicited fails to comment within the required time period, it shall be presumed that such agency, group, or person has no comment to make, unless the Lead Agency has received a written request for a specific extension of time for review and comment and a statement of reasons for the request.

Planning activities concerning the proposed project, short of formal approval or commitment to any specific course of action, may continue during the period set aside for review and comment on the DEIR.
(Reference: Pub. Resources Code, § 21091; State CEQA Guidelines, §§ 15203, 15205(d).) cc) SHORTENED REVIEW PERIOD
Under certain circumstances, the City may authorize a person or persons to request a shortened public review period from the Office of Planning and Research for EIRs submitted to the State Clearinghouse. However, a shortened review period shall not be less than thirty (30) days for a DEIR. Any request for a shortened review period must be made in writing by the City to the Office of Planning and Research. The resolution authorizing the person making the request shall be attached to the request when submitted to the Office of Planning and Research. Whenever a shortened public review period is requested, the City Council shall be notified in writing of this request. The request shall appear on the next legally permissible City Council Agenda as an information item. The City Council may, thereafter, either receive and file the report, or rescind the action.

Item: 12
204
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-31 ©Best Best & Krieger LLP dd) PUBLIC HEARING ON DEIR
CEQA does not require formal public hearings at any stage of the environmental review process for certification of an EIR; public comments may be restricted to written communications. (However, a hearing is required to utilize the limited exemption for Transit Priority Projects as explained in Local Guidelines Section 3)m); to adopt a bicycle transportation plans as explained in Local Guidelines Section 3)h); and for certain other actions involving the replacement or deletion of mitigation measures under State CEQA Guidelines CEQA Guidelines section 15074.1.) A public hearing on the DEIR is not required by CEQA. However, if the City provides a public hearing on its consideration of a project, the City should include the project’s environmental review documents as one of the subjects of the hearing. Notice of the time and place of the hearing shall be given in a timely manner in accordance with any legal requirements applicable to the proposed project. Generally, the requirements of the Ralph M. Brown Act will provide the minimum requirements for the inclusion of CEQA matters on agendas and at hearings. (Gov.

Code, § 54950 et seq.) At a minimum, agendas for meetings and hearings before commissions, boards, councils, and other agencies must be posted in a location that is freely accessible to members of the public at least seventy-two (72) hours prior to a regular meeting. The agenda must contain a brief general description of each item to be discussed and the time and location of the meeting. (Gov. Code, § 54954.2.) Additionally, any legislative body or its presiding officer must post an agenda for each regular or special meeting on the local agency’s Internet Web site, if the local agency has one.
(Reference: State CEQA Guidelines, § 15202.)
ee) EVALUATION OF AND RESPONSE TO COMMENTS ON DEIR
The City as Lead Agency shall evaluate any comments on environmental issues received during the public review period for the DEIR. The Director shall cause written responses to be prepared to those comments that raise significant environmental issues. As stated below, the City should also consider evaluating and responding to any comments received after the public review period. The written responses shall describe the disposition of any significant environmental issues that are raised in the comments. The responses may take the form of a revision of the DEIR, an attachment to the DEIR, or some other oral or written response which is adequate under the circumstances. If the City’s position is at variance with specific recommendations or suggestions raised in the comment, the City’s response must detail the reasons why such recommendations or suggestions were not accepted. The level of detail contained in the response, however, may correspond to the level of detail provided in the comment (i.e., responses to general comments may be general). A general response may be appropriate when a comment does not contain or specifically refer to readily available information, or does not explain the relevance of evidence submitted with the comment.

Moreover, the City shall respond to any specific suggestions for project alternatives or mitigation measures for significant impacts, unless such alternatives or mitigation measures are facially infeasible. The response shall contain recommendations, when appropriate, to alter the project as described in the DEIR as a result of an analysis of the comments received.

Item: 12
205
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-32 ©Best Best & Krieger LLP At least ten (10) days prior to certifying a Final EIR, the City shall provide its proposed written response, either in printed copy or in an electronic format, to any public agency which has made comments on the DEIR during the public review period. The City is not required to respond to comments received after the public review period. However, the City should consider responding to all comments if it will not delay action on the Final EIR, since any comment received before final action on the EIR can form the basis of a legal challenge. A written response that addresses the comment or adequately explains the City’s action in light of the comment may assist the City in defending against a legal challenge.
(Reference: State CEQA Guidelines, § 15088.)
ff) PREPARATION AND CONTENTS OF FINAL EIR
Following the receipt of any comments on the DEIR as required herein, such comments shall be evaluated by Staff and a Final EIR shall be prepared.

The Final EIR shall meet all requirements of Local Guidelines Section 7)ff) and shall consist of the DEIR or a revision of the Draft, a section containing either verbatim or in summary the comments and recommendations received through the review and consultation process, a list of persons, organizations and public agencies commenting on the Draft, and a section containing the responses of the City to the significant environmental points raised in the review and consultation process.
(Reference: State CEQA Guidelines, §§ 15089, 15132.)
gg) RECIRCULATION WHEN NEW INFORMATION IS ADDED TO EIR
When significant new information is added to the EIR after notice and consultation but before certification, the City must recirculate the DEIR for another public review period. The Director shall determine whether changes made to an EIR require its recirculation. The term “information” can include changes in the project or environmental setting as well as additional data or other information.

New information is significant only when the EIR is changed in a way that would deprive the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of a project or a feasible way to mitigate or avoid such an effect, including a feasible project alternative, which the project proponents decline to implement. Recirculation is required, for example, when:
(1) New information added to an EIR discloses:
(a) A new significant environmental impact resulting from the project or from a new mitigation measure proposed to be implemented; or (b) A significant increase in the severity of an environmental impact (unless mitigation measures are also adopted that reduce the impact to a level of insignificance); or
Item: 12
206
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-33 ©Best Best & Krieger LLP (c) A feasible project alternative or mitigation measure that clearly would lessen the significant environmental impacts of the project, but which the project proponents decline to adopt; or
(2) The DEIR is so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded.

Recirculation is not required when the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR. If the revision is limited to a few chapters or portions of the EIR, the City as Lead Agency need only recirculate the chapters or portions that have been modified. A decision to not recirculate an EIR must be supported by substantial evidence in the record.

When the City determines to recirculate a DEIR, it shall give Notice of Recirculation (Form “M”) to every agency, person, or organization that commented on the prior DEIR. The Notice of Recirculation must indicate whether new comments must be submitted and whether the City has exercised its discretion to require reviewers to limit their comments to the revised chapters or portions of the recirculated EIR. The City shall also consult again with those persons contacted before certifying the EIR. When the EIR is substantially revised and the entire EIR is recirculated, the City may require that reviewers submit new comments and need not respond to those comments received during the earlier circulation period. In those cases, the City should advise reviewers that, although their previous comments remain part of the administrative record, the final EIR will not provide a written response to those comments, and new comments on the revised EIR must be submitted. The City need only respond to those comments submitted in response to the revised EIR.

When the EIR is revised only in part and the City is recirculating only the revised chapters or portions of the EIR, the City may request that reviewers limit their comments to the revised chapters or portions. The City need only respond to: (1) comments received during the initial circulation period that relate to chapters or portions of the document that were not revised and recirculated, and (2) comments received during the recirculation period that relate to the chapters or portions of the earlier EIR that were revised and recirculated.

When recirculating a revised EIR, either in whole or in part, the City must, in the revised EIR or by an attachment to the revised EIR, summarize the revisions made to the previously circulated DEIR.
(Reference: State CEQA Guidelines, § 15088.5.)
hh) CERTIFICATION OF FINAL EIR
Following the preparation of the Final EIR, Staff shall review the Final EIR and make a recommendation to the decision making body regarding whether the Final EIR is in order and whether it has been completed in compliance with CEQA, the State CEQA Guidelines and the City’s Guidelines. The Final EIR and Staff recommendation shall then be presented to the decision making body. The decision making body shall independently review and consider the information contained in the Final EIR and determine whether the Final EIR reflects its independent judgment.

Before it approves the project, the decision making body must certify and find that: (1) the Final Item: 12
207
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-34 ©Best Best & Krieger LLP EIR has been completed in compliance with CEQA, the State CEQA Guidelines and the City’s Guidelines; (2) the Final EIR was presented to the decision making body and the decision making body reviewed and considered the information contained in the Final EIR before approving the project; and (3) the Final EIR reflects the City’s independent judgment and analysis. (Reference: State CEQA Guidelines, § 15090.)
ii) APPEAL OF CERTIFICATION OF EIR
Except in those cases in which the City Council is the final decision making body on a project, any interested person may appeal the certification or denial of certification of a Final EIR to the City Council. The procedures of Section 2.04.100 et seq. of the Lake Forest Municipal Code shall govern this appeal, except that the time limit for filing the appeal shall be ten (10) days after the adoption or rejection of the Negative Declaration.
jj) CONSIDERATION OF EIR BEFORE APPROVAL OR DISAPPROVAL OF PROJECT The EIR shall be considered and certified by the decision making body before it approves or disapproves the proposed project for which the EIR was prepared. The decision making body may then proceed to consider the proposed project for purposes of approval or disapproval.

Separately or in conjunction with its action approving or disapproving the project, the decision making body shall certify that it has reviewed and considered the information contained in the EIR and found the EIR to be legally adequate under CEQA.
(Reference: State CEQA Guidelines, § 15092.)
kk) FINDINGS
The decision making body shall not approve or carry out a project if a completed EIR identifies one or more significant environmental effects of the project unless it makes one or more of the following written findings for each such significant effect, accompanied by a brief explanation of the rationale supporting each finding. For impacts that have been identified as potentially significant, the possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment as identified in the Final EIR, such that the impact has been reduced to a less-than-significant level. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City. Such changes have been, or can and should be, adopted by that other agency.
(3) Specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Final EIR. The decision making body must make specific written findings stating why it has rejected an alternative to the project as infeasible.

The findings required by this Section shall be supported by substantial evidence in the record. Measures identified and relied on to mitigate environmental impacts identified in the EIR Item: 12
208
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-35 ©Best Best & Krieger LLP to below a level of significance should be expressly adopted or rejected in the findings. The findings should include a description of the specific reasons for rejecting any mitigation measures or project alternatives identified in the EIR that would reduce the significant impacts of the project.

Any mitigation measures that are adopted must be fully enforceable through permit conditions, agreements, or other measures.

If any of the proposed alternatives could avoid or lessen an adverse impact for which no mitigation measures are proposed, the City shall analyze the feasibility of such alternative(s). If the project is to be approved without including such alternative(s), the City shall find that specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the Final EIR and shall list such considerations before such approval.

The decision making body shall not approve or carry out a project as proposed unless: (1) the project as approved will not have a significant effect on the environment; or (2) the project’s significant environmental effects have been eliminated or substantially lessened (as determined through one or more of the findings indicated above), and any remaining unavoidable significant effects have been found acceptable because of facts and circumstances described in a Statement of Overriding Considerations (see Local Guidelines Section 7)ll)). Statements in the DEIR or comments on the DEIR are not determinative of whether the project will have significant effects.

When making the findings required by this Section, the City as Lead Agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which it based its decision.

Special procedural findings must be made for projects involving the construction or alteration of a facility within one-quarter mile of a school when: (1) the facility might reasonably be anticipated to emit hazardous air emissions or to handle an extremely hazardous substance or a mixture containing extremely hazardous substances in a quantity equal to or greater than the threshold specified in Health and Safety Code section 25532(j); and (2) the emissions or substances may pose a health or safety hazard to persons who would attend or would be employed at the school. If the project meets both of those criteria, the City may not certify an EIR or approve a Negative Declaration unless it makes a finding that:
(1) The City, as Lead Agency, consulted with the affected school district or districts having jurisdiction over the school regarding the potential impact of the project on the school; and
(2) The school district was given written notification of the project not less than thirty (30) days prior to the proposed certification of the EIR or approval of the Negative Declaration.

Implementation of this Guideline shall be consistent with the definitions and terms utilized in State CEQA Guidelines section 15186.

Additionally, for projects involving the acquisition of a school site or the construction of a secondary or elementary school by a school district, the negative declaration or EIR prepared for the project may not be adopted or certified unless there is sufficient information in the entire record Item: 12
209
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-36 ©Best Best & Krieger LLP to determine whether the project is within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor.

If it is determined that the project involves the acquisition of a school site that is within 500 feet of the edge of the closest traffic lane of a freeway, or other busy traffic corridor, the Negative Declaration or EIR may not be adopted or certified unless the school board determines, through a health risk assessment pursuant to Section 44360(b)(2) of the Health and Safety Code and after considering any potential mitigation measures, that the air quality at the proposed project site does not present a significant health risk to pupils. (Reference: State CEQA Guidelines, § 15091.)
ll) STATEMENT OF OVERRIDING CONSIDERATIONS
Before a project that has unmitigated significant adverse environmental effects can be approved, the decisionmaking body must adopt a Statement of Overriding Considerations. If the decisionmaking body finds in the Statement of Overriding Considerations that specific benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.”
Accordingly, the Statement of Overriding Considerations allows the decisionmaking body to approve a project despite one or more unmitigated significant environmental impacts identified in the Final EIR. A Statement of Overriding Considerations can be made only if feasible project alternatives or mitigation measures do not exist to reduce the environmental impact(s) to a level of insignificance and the benefits of the project outweigh the adverse environmental effect(s). The feasibility of project alternatives or mitigation measures is determined by whether the project alternative or mitigation measure can be accomplished within a reasonable period of time, taking into account economic, environmental, social, legal and technological factors.

Project benefits which are appropriate to consider in the Statement of Overriding Considerations include the economic, legal, environmental, technological and social value of the project. The City may also consider region-wide or statewide environmental benefits.

Substantial evidence in the entire record must justify the decisionmaking body’s findings and its use of the Statement of Overriding Considerations. If the decisionmaking body makes a Statement of Overriding Considerations, the Statement must be included in the record of the project approval and it should be referenced in the Notice of Determination. (Reference: State CEQA Guidelines, § 15093.)
mm) MITIGATION MONITORING OR REPORTING PROGRAM FOR EIR
The City may require feasible changes in any or all activities involved in the project in order to substantially lessen or avoid significant effects on the environment, consistent with applicable constitutional requirements such as the “nexus” and “rough proportionality” standards established by case law. (e.g., Nollan v. California Coastal Commission, 483 U.S. 825 (1987); Dolan v. City of Tigard , 512 U.S. 374 (1994); Ehrlich v. City of Culver City , 12 Cal. 4th 854 (1996).)
Item: 12
210
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-37 ©Best Best & Krieger LLP When making findings regarding an EIR, the City must do all of the following:
(1) Adopt a reporting or monitoring program to assure that mitigation measures which are required to mitigate or avoid significant effects on the environment will be implemented by the project proponent or other responsible party in a timely manner, in accordance with conditions of project approval; (2) Make sure all conditions and mitigation measures are feasible and fully enforceable through permit conditions, agreements, or other measures. Such permit conditions, agreements, and measures must be consistent with applicable constitutional requirements such as the “nexus” and “rough proportionality” standards established by case law; and
(3) Specify the location and the custodian of the documents which constitute the record of proceedings upon which the City based its decision in the resolution certifying the EIR.

The adequacy of a mitigation monitoring program is determined by the “rule of reason.” This means that a mitigation monitoring program does not need to include every imaginable mitigation measure. It needs only to provide measures that are reasonably feasible and that are necessary to avoid significant impacts on the environment or to reduce the severity of impacts to a less-than-significant level.

There is no requirement that the reporting or monitoring program be circulated for public review; however, the City may choose to circulate it for public comments along with the DEIR.

Any mitigation measures required to mitigate or avoid significant effects on the environment shall be adopted and made fully enforceable, such as by being imposed as conditions on the conditional use permit, site plan, area plan, or other discretionary approvals for the project. Alternatively, the City may require the applicant to enter into a written Mitigation Monitoring Compliance Agreement which specifies the obligations and duties relative to mitigation, monitoring, and reporting on said mitigation measures. The reporting or monitoring program shall be designed to assure compliance during the construction and implementation of the project.

The adequacy of a mitigation monitoring program is determined by the “rule of reason.” This means that a mitigation monitoring program does not need to provide every imaginable measure. It needs only to provide measures that are reasonably feasible and that are necessary to avoid significant impacts or to reduce the severity of impacts to a less-than-significant level.

The mitigation monitoring or reporting program shall be designed to assure compliance with the mitigation measures during the implementation and construction of the project. If a Responsible Agency or Trustee Agency has required that certain conditions be incorporated into the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. The City shall also require that, prior to the close of the public review period for a DEIR, the Responsible or Trustee Agency submit detailed performance objectives for mitigation measures, or refer the City to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures that mitigate impacts to resources that are within the Responsible or Trustee Agency’s authority.

Item: 12
211
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-38 ©Best Best & Krieger LLP When a project is of statewide, regional, or area wide significance, any transportation information resulting from the reporting or monitoring program required to be adopted by the City shall be submitted to the regional transportation planning agency where the project is located and to the Department of Transportation. The transportation planning agency and the Department of Transportation are required by law to adopt guidelines for the submittal of these reporting or monitoring programs, so the City may wish to tailor its submittal to such guidelines.

Local agencies have the authority to levy fees sufficient to pay for this program. For all private projects, the City may impose a program to charge the project applicant a fee to cover actual costs of program processing and implementation.

The City may choose whether its program will monitor mitigation, report on mitigation, or both. “Reporting” is defined as a written compliance review that is presented to the Council or an authorized staff person. A report may be required at various stages during project implementation or upon completion of the mitigation measure. Reporting is suited to projects which have readily measurable or quantitative mitigation measures or which already involve regular review. “Monitoring” is generally an ongoing or periodic process of project oversight. Monitoring is suited to projects with complex mitigation measures which may exceed the expertise of the City to oversee, are expected to be implemented over a period of time, or require careful implementation to assure compliance.

At its discretion, the City may adopt standardized policies and requirements to guide individually adopted programs.

Standardized policies or requirements for monitoring and reporting may describe, but are not limited to:
(1) The relative responsibilities of various departments within the City for various aspects of the program;
(2) The responsibilities of the project proponent;
(3) Guidelines adopted by the City to govern preparation of programs; (4) General standards for determining project compliance with the mitigation measures and related conditions of approval;
(5) Enforcement procedures for noncompliance, including provisions for administrative appeal;
(6) Process for informing the Council and staff of the relative success of mitigation measures and using those results to improve future mitigation measures. (Reference: State CEQA Guidelines, § 15097.)
Item: 12
212
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-39 ©Best Best & Krieger LLP nn) NOTICE OF DETERMINATION
After final approval of a project for which the City is the Lead Agency, the Director shall cause a Notice of Determination (Form “F”) to be prepared, filed, and posted. The Notice of Determination shall include the following information:
(1) An identification of the project, including its common name, where possible, and its location. If the notice of determination is filed with the State Clearinghouse, the State Clearinghouse identification number for the DEIR shall be provided; (2) For private projects, identify the person undertaking the project, including any person undertaking an activity that receives financial assistance from the City as part of the project or the person receiving a lease, permit, license, certificate, or other entitlement of use from the City as part of the project; (3) A brief description of the project;
(4) The date when the City approved the project;
(5) Whether the project in its approved form with mitigation will have a significant effect on the environment;
(6) A statement that an EIR was prepared and certified pursuant to the provisions of CEQA;
(7) Whether mitigation measures were made a condition of the approval of the project; (8) Whether findings and/or a Statement of Overriding Considerations was adopted for the project; and
(9) The address where a copy of the EIR (with comments and responses) and the record of project approval may be examined by the general public.

It shall be the responsibility and duty of the applicant to deliver to the Development Services Department a check payable to the County Clerk of the County of Orange in an amount sufficient to cover the fee required by Section 7)nn) below, including the County Clerk’s processing fee, within forty-eight (48) hours of City’s final approval of the project. If within such forty-eight (48) hour period, the applicant has not delivered to the Development Services Department the check required above, the approval for the project shall be void.

The Notice of Determination shall be filed with the County Clerk of the County of Orange within five (5) working days of project approval. (To determine the fees that must be paid with the filing of the Notice of Determination, see Local Guidelines Section 7)nn).) The County Clerk is required to post the Notice of Determination within twenty-four (24) hours of receipt. The Notice must be posted in the office of the Clerk for a minimum of thirty (30) days. Thereafter, the Clerk shall return the notice to the City with a notation of the period it was posted. The City shall retain the notice for not less than twelve (12) months.

Simultaneously with the filing and posting of the Notice of Determination with the Clerk, Staff shall cause a copy of such Notice to be posted at City Hall. If the project requires discretionary approval from a state agency, the Notice of Determination shall also be filed electronically with the State Office of Planning and Research within five (5) working days of project approval, along with proof of payment of the California Department of Fish and Wildlife fee or a completed form from DFW documenting DFW’s determination that the project will have Item: 12
213
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-40 ©Best Best & Krieger LLP no effect on fish and wildlife. (If the City submits the Notice of Determination in person, the City may bring an extra copy to be date stamped by the Office of Planning and Research.) When a request is made for a copy of the Notice of Determination prior to the date on which the City approves the project, the Director shall cause a copy of the Notice to be mailed, first class postage prepaid, within five (5) days of the City’s approval of the project. If such a request is made following the City’s approval of the project, then the copy should be mailed in the same manner as soon as possible. The recipients of such documents may be charged a fee reasonably related to the cost of providing the service.

For projects with more than one phase, Staff shall file a Notice of Determination for each phase requiring a discretionary approval. The filing and posting of a Notice of Determination with the Clerk, and, if necessary, with OPR, usually starts a thirty (30) day statute of limitations on court challenges to the approval under CEQA. When separate Notices are filed for successive phases of the same overall project, the thirty (30) day statute of limitation to challenge the subsequent phase begins to run when the Notice for the approval of that phase is filed.

Failure to file the Notice may result in a one hundred eighty (180) day statute of limitations.

The filing and posting of the Notice of Determination with the Clerk, and, if necessary, with the Office of Planning and Research, usually starts a thirty (30) day statute of limitations on court challenges to any actions taken pursuant to CEQA.

To increase public awareness, Notices may be posted on the City’s web site, accessible through the internet. Such postings are not required but encouraged where convenient and are in addition to the posting requirements of the State CEQA Guidelines and the Public Resources Code.

The City, when acting as Lead Agency, must post its Notice of Determination for a project on its website.
(Reference: Pub. Resources Code, §§ 21092.2, 21108; State CEQA Guidelines, § 15094.) oo) DISPOSITION OF A FINAL EIR
The City shall file a copy of the Final EIR with the appropriate planning agency of any city or county where significant effects on the environment may occur. The City shall also retain one or more copies of the Final EIR as a public record for a reasonable period of time. Finally, for private projects, the City may require that the project applicant provide a copy of the certified Final EIR to each Responsible Agency. (Reference: State CEQA Guidelines, § 15095.) pp) PRIVATE PROJECT COSTS
For private projects, the person or entity proposing to carry out the project shall be charged a reasonable fee to recover the estimated costs incurred by the City in preparing, circulating, and filing the Draft and Final EIRs, as well as all publication costs incident thereto.

Item: 12
214
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) ENVIRONMENTAL IMPACT REPORT 20212022 City of Lake Forest Guidelines 7-41 ©Best Best & Krieger LLP qq) FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES At the time a Notice of Determination for an EIR is filed with the County or Counties in which the project is located, a fee of $ 3,445.253,539.25, or the then applicable fee, shall be paid to the Clerk for projects which will adversely affect fish or wildlife resources. These fees are collected by the Clerk on behalf of DFW.

Only one filing fee shall be paid for each project unless the project is tiered or phased, or separate environmental documents are required. (Fish and Game Code § 711.4(g).) Separate environmental documents include EIRs, negative declarations, subsequent EIRs and negative declarations, and supplements to EIRs. Only one fee is required when an existing certified EIR is used for multiple project approvals that would result in no additional effect to fish and wildlife. An additional filing fee is required if approval of any separate environmental document would result in an effect on fish and wildlife not previously addressed in a certified EIR, Master EIR, Program EIR, Staged EIR, or General Plan EIR. (Cal. Code of Regs, tit. 14, section 753.5(e)(3).) For projects where Responsible Agencies file separate Notices of Determination, only the Lead Agency is required to pay the fee.

Note: County Clerks are authorized to charge a documentary handling fee for each project in addition to the Fish and Game fees specified above. Refer to the Index in the Staff Summary to help determine the correct total amount of fees applicable to the project.

For private projects, the City should pass these costs on to the project applicant.

No fees are required for projects with “no effect” on fish or wildlife resources or for certain projects undertaken by the DFW and implemented through a contract with a non-profit entity or local government agency. If the City believes that a project will have “no effect” on fish or wildlife resources, it may request a finding of “no effect.” See Local Guidelines Section 6)p) for more information regarding a “no effect” determination.

Item: 12
215
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) TIERING 20212022 City of Lake Forest Guidelines 8-1 ©Best Best & Krieger LLP 8) TIERING
a) EIRS GENERALLY
This chapter describes a number of examples of various EIRs tailored to different situations. All of these types of EIRs must meet the applicable requirements of Chapter 7 of these Guidelines.
b) TIERING
(1) Tiering Generally.
“Tiering” refers to using the analysis of general matters contained in a previously certified broader EIR in later EIRs or Negative Declarations prepared for narrower projects. The later EIR or Negative Declaration may incorporate by reference the general discussions from the broader EIR and may concentrate solely on the issues specific to the later project.

An Initial Study shall be prepared for the later project and used to determine whether a previously certified EIR may be used and whether new significant effects should be examined.

Tiering does not excuse the City from adequately analyzing reasonably foreseeable significant environmental effects of a project, nor does it justify deferring analysis to a later tier EIR or Negative Declaration. However, the level of detail contained in a first-tier EIR need not be greater than that of the program, plan, policy, or ordinance being analyzed. When the City is using the tiering process in connection with an EIR for a large-scale planning approval, such as a general plan or component thereof (e.g., an area plan, specific plan or community plan), the development of detailed, site-specific information may not be feasible. Such site-specific information can be deferred, in many instances, until such time as the City prepares a future environmental document in connection with a project of a more limited geographical scale, as long as deferral does not prevent adequate identification of significant effects of the planning approval at hand. (2) Identifying New Significant Impacts.

When assessing whether there is a new significant cumulative effect for purposes of a subsequent tier environmental document, the City shall consider whether the incremental effects of the project would be considerable when viewed in the context of past, present, and probable future projects.

The City may use only a valid CEQA document as a first-tier document. Accordingly, the City should carefully review the first-tier environmental document to determine whether or not the statute of limitations for challenging the document has run. If the statute of limitations has not expired, the City should use the first-tier document with caution and pay careful attention to the legal status of the document. If the first-tier document is subsequently invalidated, any later environmental document may also be defective.
(3) Infill Projects and Tiering.

Certain “infill” projects may tier off of a previously certified EIR. An “infill” project is defined as a project with residential, retail, and/or commercial uses, a transit station, a school, or a Item: 12
216
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) TIERING 20212022 City of Lake Forest Guidelines 8-2 ©Best Best & Krieger LLP public office building. It must be located in an urban area on a previously developed site or on an undeveloped site that is surrounded by developed uses. The project must be either consistent with land use planning strategies that achieve greenhouse gas (“GHG”) emission reduction targets, feature a small walkable community project, or where a sustainable communities or alternative planning strategy has not yet been adopted for the area, include a residential density of at least 20 units per acre or a floor area ration of at least 0.75. The project must also meet a number of standards related to energy efficiency that are not yet defined but which SB 226 directs the Office of Planning and Research to prepare.

If an EIR was certified for a planning level decision by a city or county (such as a General Plan or Specific Plan), the scope of the CEQA review for a later “infill” project can be limited to those effects on the environment that: 1) are specific to the project or to the project site and were not addressed as significant effects in the prior EIR; or 2) substantial new information shows the effects will be more significant than described in the prior EIR.

When a project meets the definition of “infill” and either of the above conditions exist but a mitigated negative declaration cannot be adopted, then the subsequent EIR for such a project need not consider alternative locations, densities, and building intensities or growth-inducing impacts.
(4) Statement of Overriding Considerations.

A Lead Agency may also tier off of a previously prepared Statement of Overriding Considerations if certain conditions are met. (See Local Guidelines Section 7)ll).) (Reference: State CEQA Guidelines, § 15152.)
c) PROJECT EIR
The most common type of EIR examines the environmental impacts of a specific development project and focuses primarily on the changes in the environment that would result from the development project. This type of EIR must examine all phases of the project, including planning, construction, and operation.

Item: 12
217
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) TIERING 20212022 City of Lake Forest Guidelines 8-3 ©Best Best & Krieger LLP (1) Substantial changes are proposed in the project which will require major revisions of a previous EIR due to the identification of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is to be undertaken which will require major revisions of a previous EIR due to the identification of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, becomes available and shows any of the following:
(a) the project will have one or more significant effects not discussed in a previous EIR or Negative Declaration;
(b) significant effects previously examined will be substantially more severe than shown in a previous EIR;
(c) mitigation measures or alternatives previously found not to be feasible are in fact feasible and would substantially reduce one or more significant effects, but the project proponent declines to adopt the mitigation measures or alternatives; or
(d) mitigation measures or alternatives which were not considered in a previous EIR would substantially lessen one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives.

A Subsequent EIR must receive the same circulation and review as the previous EIR received.

In instances where the City is evaluating a modification or revision to an existing use permit, the City may consider only those environmental impacts related to the changes between what was allowed under the old permit and what is requested under the new permit. Only if these differential impacts fall within the categories described above may the City require additional environmental review.

When the City is considering approval of a development project which is consistent with a general plan for which an EIR was completed, another EIR is required only if the project causes environmental effects peculiar to the parcel which were not addressed in the prior EIR or substantial new information shows the effects peculiar to the parcel will be more significant than described in the prior EIR.
(Reference: State CEQA Guidelines, § 15162.)
Item: 12
218
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) TIERING 20212022 City of Lake Forest Guidelines 8-4 ©Best Best & Krieger LLP e) SUPPLEMENTAL EIR
The City may choose to prepare a Supplemental EIR, rather than a Subsequent EIR, if any of the conditions described in Local Guidelines Section 8)d) have occurred but only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. To assist the City in making this determination, the decision making body should request an Initial Study and/or a recommendation by Staff. The Supplemental EIR need contain only the information necessary to make the previous EIR adequate for the project as revised.

A Supplemental EIR shall be given the same kind of notice and public review as is given to a DEIR but may be circulated by itself without recirculating the previous EIR.

When the decision making body decides whether to approve the project, it shall consider the previous EIR as revised by the Supplemental EIR. Findings pursuant shall be made for each significant effect identified in the Supplemental EIR.
(Reference: State CEQA Guidelines, § 15163.)
f) SUBSEQUENT NEGATIVE DECLARATION
When a Negative Declaration has been adopted for a project, or when an EIR has been certified, a subsequent Negative Declaration or EIR must be prepared in the following instances:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or the Negative Declaration was adopted which shows any of the following:
(a) The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration;
(b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(c) Mitigation measure(s) or alternative(s) previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents declined to adopt the mitigation measure(s) or alternative(s); or
Item: 12
219
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) TIERING 20212022 City of Lake Forest Guidelines 8-5 ©Best Best & Krieger LLP (d) Mitigation measure(s) or alternative(s) which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure(s) or alternative(s).

The City as Lead Agency would then determine whether a Subsequent EIR, Supplemental EIR, Negative Declaration or Addendum would be applicable. Subsequent Negative Declarations must be given the same notice and public review period as other Negative Declarations. The Subsequent Negative Declaration shall state where the previous document is available and can be reviewed.
(Reference: State CEQA Guidelines, § 15162.)
g) ADDENDUM TO AN EIR
The City shall prepare an Addendum to an EIR, rather than a Subsequent or Supplemental EIR, if none of the conditions described in Local Guidelines Section 8)d) or 8)e) calling for preparation of a Subsequent or Supplemental EIR have occurred. Since significant effects on the environment were addressed by findings in the original EIR, no new findings are required in the Addendum.

An Addendum to an EIR need not be circulated for public review but should be included in or attached to the Final EIR. The decision making body shall consider the Addendum with the Final EIR prior to making a decision on a project. A brief explanation of the decision not to prepare a Subsequent EIR or a Supplemental EIR should be included in the Addendum, the Lead Agency’s findings on the project, or elsewhere in the record. This explanation must be supported by substantial evidence.
(Reference: State CEQA Guidelines, § 15164.)
h) ADDENDUM TO NEGATIVE DECLARATION
The City may prepare an addendum to an adopted Negative Declaration if only minor technical changes or additions are necessary. The City may also prepare an addendum to an adopted Negative Declaration when none of the conditions calling for a subsequent Negative Declaration have occurred. An addendum need not be circulated for public review but can be attached to the adopted Negative Declaration. The City shall consider the addendum with the adopted Negative Declaration prior to project approval. (Reference: State CEQA Guidelines, § 15164.)
i) STAGED EIR
When a large capital project will require a number of discretionary approvals from governmental agencies and one of the approvals will occur more than two years before construction will begin, a Staged EIR may be prepared. The Staged EIR covers the entire project in a general form or manner. A Staged EIR should evaluate a proposal in light of current and contemplated plans and produce an informed estimate of the environmental consequences of an Item: 12
220
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) TIERING 20212022 City of Lake Forest Guidelines 8-6 ©Best Best & Krieger LLP entire project. The particular aspect of the project before the City for approval shall be discussed with a greater degree of specificity.

When a Staged EIR has been prepared, a Supplemental EIR shall be prepared when a later approval is required for the project and the information available at the time of the later approval would permit consideration of additional environmental impacts, mitigation measures, or reasonable alternatives to the project.
(Reference: State CEQA Guidelines, § 15167.)
j) PROGRAM EIR
A Program EIR is an EIR which may be prepared on an integrated series of actions that are related either:
(1) Geographically;
(2) As logical parts in a chain of contemplated actions; (3) In connection with the issuance of rules, regulations, plans or other general criteria to govern the conduct of a continuing program; or (4) As individual projects carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways.

An advantage of using a Program EIR is that it can “[a]llow the lead agency to consider broad policy alternatives and program wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts.” (State CEQA Guidelines, § 15168(b)(4).) A Program EIR is distinct from a project EIR, as a project EIR is prepared for a specific project and must examine in detail site-specific considerations. Program EIR’s are commonly used in conjunction with the process of tiering.

Tiering is the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs. (See State CEQA Guidelines section 15385; see also Local Guidelines Sections 8)b) and 11.63.) Tiering is proper “when it helps a public agency to focus upon the issues ripe for decision at each level of environmental review and in order to exclude duplicative analysis of environmental effects examined in previous environmental impact reports.” (Pub. Res. Code, § 21093(a).) For example, the California Supreme Court recently ruled that a Program EIR is consistent with CEQA if it identifies potential sources of water and analyzes the associated environmental effects in general terms. Rather, identification of specific sources and environmental effects is required only at the second-tier stage when specific projects are considered. (In re Bay-Delta etc. (2008) 43 Cal. 4th 1143.) Subsequent activities in the program must be examined in light of the Program EIR to determine whether additional environmental documents must be prepared. Whether a later activity is within the scope of a Program EIR is a factual question that the City must determine based on substantial evidence in the record. Factors that the City may consider in making that determination include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the Program EIR. Additional environmental Item: 12
221
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) TIERING 20212022 City of Lake Forest Guidelines 8-7 ©Best Best & Krieger LLP review documents must be prepared if the proposed later project may arguably cause significant adverse effects on the environment.
(Reference: State CEQA Guidelines, § 15168.)
k) MASTER EIR
A Master EIR is an EIR which may be prepared for:
(1) A general plan (including elements and amendments); (2) A specific plan;
(3) A project consisting of smaller individual projects to be phased; (4) A regulation to be implemented by subsequent projects; (5) A project to be carried out pursuant to a development agreement; (6) A project pursuant to or furthering a redevelopment plan; (7) A state highway or mass transit project subject to multiple reviews or approvals; or (8) A regional transportation plan or congestion management plan.

A Master EIR must do both of the following:
(1) Describe and present sufficient information about anticipated subsequent projects within its scope, including their size, location, intensity, and scheduling; and (2) Preliminarily describe potential impacts of anticipated subsequent projects for which insufficient information is available to support a full impact assessment.

The City and Responsible Agencies identified in the Master EIR may use the Master EIR to limit environmental review of subsequent projects. However, the Lead Agency for the subsequent project must prepare an Initial Study to determine whether the subsequent project and its significant environmental effects were included in the Master EIR. If the Lead Agency for the subsequent project finds that the subsequent project will have no additional significant environmental effect and that no new mitigation measures or alternatives may be required, it may prepare written findings to that effect without preparing a new environmental document. When the Lead Agency makes this finding, it must provide public notice of the availability of its proposed finding for public review and comment in the same manner as if it were providing public notice of the availability of a DEIR. (See Sections 15177(d) and 15087 of the State CEQA Guidelines and Section 7)kk)of these Local Guidelines.)
A previously certified Master EIR cannot be relied upon to limit review of a subsequent project if:
(1) A project not identified in the certified Master EIR has been approved and that project may affect the adequacy of the Master EIR for the subsequent project now under consideration; or
(2) The Master EIR was certified more than five (5) years before the filing of an application for the subsequent project, unless the City reviews the adequacy of the Master EIR and:

Item: 12
222
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) TIERING 20212022 City of Lake Forest Guidelines 8-8 ©Best Best & Krieger LLP (a) Finds that, since the Master EIR was certified, no substantial changes have occurred that would cause the subsequent project to have significant environmental impacts, and there is no new information that the subsequent project would have significant environmental impacts; or (b) Prepares an Initial Study and either certifies a Subsequent or Supplement EIR or adopts a Mitigated Negative Declaration that addresses any substantial changes or new information that would cause the subsequent project to have potentially significant environmental impacts. If the City certifies a subsequent or supplemental EIR it must either be incorporated into the previously certified Master EIR or the City must identify any deletions, additions or other modifications to the previously certified Master EIR in the new document. The City may include a section in the subsequent or supplemental EIR that identifies these changes to the previously certified Master EIR.

When the Lead Agency cannot find that the subsequent project will have no additional significant environmental effect and no new mitigation measures or alternatives will be required, it must prepare either a Mitigated Negative Declaration or an EIR for the subsequent project. (Reference: State CEQA Guidelines, § 15175.)
l) SPECIAL REQUIREMENTS FOR REDEVELOPMENT PROJECTS
An EIR for a redevelopment plan may be a Master EIR, program EIR or project EIR. An EIR for a redevelopment plan must specify whether it is a Master EIR, a program EIR or a project EIR.

If a program EIR is prepared for a redevelopment plan, subsequent activities in the redevelopment program will be subject to review if they would have effects that were not examined in the program EIR. The City should use a written checklist or similar device to document the evaluation of the site and the proposed activity to determine whether the environmental effects of the operation were indeed covered in the program EIR. If the City finds that no new effects could occur, no new mitigation measures would be required or that State CEQA Guidelines sections 15162 and 15163 do not otherwise apply, the City can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document is required.

If the EIR for a redevelopment plan is a project EIR, all public and private activities or undertakings pursuant to or in furtherance of the Redevelopment Plan shall constitute a single project, which shall be deemed approved at the time of the adoption of the Redevelopment Plan by the City Council. Once certified, no subsequent EIRs will be needed unless required by State CEQA Guidelines sections 15162 or 15163. (State CEQA Guidelines section 15180.) If a Master EIR is prepared for a redevelopment plan, subsequent projects will be subject to review if they would have effects that were not examined in the Master EIR. If the City finds that no new effects could occur or no new mitigation measures would be required, it can approve the activity as being within the scope of the project covered by the Master EIR, and no new environmental document is required. (Reference: State CEQA Guidelines, § 15180.) Item: 12
223
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) CEQA LITIGATION 20212022 City of Lake Forest Guidelines 9-1 ©Best Best & Krieger LLP 9) CEQA LITIGATION
a) TIMELINES
When a CEQA lawsuit is filed, there are numerous and complex time requirements that must be met. Pressing deadlines begin to run in the days immediately after a CEQA lawsuit has been filed with the Court. For example, within ten (10) business days of the public agency being served with a petition or complaint alleging a violation of CEQA, the City, if it was the Lead Agency, must provide the petitioner with a list of Responsible Agencies and public agencies with jurisdiction by law over any natural resource affected by the project at issue.

There are a variety of other deadlines that apply in CEQA litigation. If a CEQA lawsuit is filed, CEQA counsel should be contacted immediately in order to ensure that all the applicable deadlines are met.
b) MEDIATION AND SETTLEMENT
After Litigation Has Been Filed. The parties in a CEQA lawsuit are required to meet and discuss settlement. Within twenty (20) days of being served with a CEQA legal challenge, the public agency named in the lawsuit must file a notice with the court setting forth the time and place for a settlement meeting. The meeting must be scheduled and held not later than forty-five (45) days from the date of service of the petition or complaint upon the public agency. Usually the main parties to the litigation, (such as the Lead Agency, the developer of the project if there is one, and those challenging the project and their respective attorneys) meet to discuss settlement, there is no requirement to hire a professional mediator. The settlement meeting is usually subject to a confidentiality agreement.

If the parties in a CEQA lawsuit are in settlement or mediation, that attempt is intended to occur concurrently with the litigation. This means that the respondent public agency will be required to comply with all existing litigation timelines and requirements (for example, preparing and lodging the administrative record discussed below) while simultaneously conducting settlement or mediation, unless the parties enter into an alternate agreement to stay the litigation and that agreement is approved by the court.
c) ADMINISTRATIVE RECORD
Contents of Administrative Record.

When the Lead Agency’s CEQA finding(s) and/or action is challenged in a lawsuit, the Lead Agency must certify the administrative record that formed the basis of the Lead Agency’s decision. To the extent the documents listed below exist and are not subject to a privilege that exempts them from disclosure, the following items should be included in the administrative record:
(1) All project application materials;
(2) All staff reports and related documents prepared by the public agency with respect to its compliance with the substantive and procedural requirements of CEQA and with respect to the action on the project;
Item: 12
224
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) CEQA LITIGATION 20212022 City of Lake Forest Guidelines 9-2 ©Best Best & Krieger LLP (3) All staff reports and related documents prepared by the public agency and written testimony or documents submitted by any person relevant to any findings or statement of overriding considerations adopted by the public agency pursuant to this division;
(4) Any transcript or minutes of the proceedings at which the decision making body of the public agency heard testimony on or considered any environmental document on the project, and any transcript or minutes of proceedings before any advisory body to the respondent public agency that were presented to the decision making body prior to action on the environmental documents or on the project; (5) All notices issued by the public agency to comply with CEQA or with any other law governing the processing and approval of the project; (6) All written comments received in response to, or in connection with, environmental documents prepared for the project, including responses to the notice of preparation;
(7) All written evidence or correspondence submitted to, or transferred from, the public agency with respect to compliance with CEQA or with respect to the project; (8) Any proposed decisions or findings submitted to the decision making body of the public agency by its staff or the project proponent, project opponents, or other persons, to the extent such documents are subject to public disclosure; (9) The documentation of the final public agency decision, including the final EIR, mitigated negative declaration, or negative declaration, and all documents, in addition to those referenced in paragraph (3) above, cited or relied on in the findings or in a statement of overriding considerations adopted pursuant to CEQA; (10) Any other written materials relevant to the respondent public agency’s compliance with CEQA or to its decision on the merits of the project, including the initial study; any drafts of any environmental document, or portions thereof, that were released for public review; copies of studies or other documents relied upon in any environmental document prepared for the project and either made available to the public during the public review period or included in the public agency’s files on the project; and internal agency communications related to the project or to compliance with CEQA, to the extent such documents are subject to public disclosure; and
(11) The full written record before any inferior administrative decision making body whose decision was appealed prior to the filing of the lawsuit Organization of Administrative Record.

The administrative record should be organized as follows:
(1) Index. A detailed index must be included at the beginning of the administrative record listing each document in the order presented. Each entry must include the document’s title, date, brief description, and the volume and page where the document begins;
(2) The Notice of Determination;
(3) The resolutions or ordinances adopted by the Lead Agency approving the project; Item: 12
225
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) CEQA LITIGATION 20212022 City of Lake Forest Guidelines 9-3 ©Best Best & Krieger LLP (4) The findings required by Public Resources Code section 21081, including any statement of overriding considerations;
(5) The Final EIR, including the DEIR or a revision of the draft, all other matters included in the Final EIR (such as traffic studies and air quality studies), andor other types of environmental documents prepared under CEQA, such as a negative declaration, mitigated negative declaration, or addenda; (6) The initial study;
(7) Staff reports prepared for the administrative bodies providing subordinate approvals or recommendations to the Lead Agency, in chronological order; (8) Transcripts and minutes of hearings, in chronological order; and (9) All other documents appropriate for inclusion in the administrative record, in chronological order.

Each section listed above must be separated by tabs or marked with electronic bookmarks.

Oversized documents (such as building plans and maps) must be presented in a manner that allows them to be easily unfolded and viewed.

The court may issue an order allowing the documents to be organized in a different manner.

Preparation of Administrative Record.

The administrative record can be prepared: (1) by the petitioner, if the petitioner elects to do so, or (2) by the Lead Agency. The petitioner and the Lead Agency can also agree on any alternative method of preparing the record. However, when a third party such as the project applicant prepares or assists with the preparation of the administrative record, the Lead Agency may not be able to recover fees incurred by the third party unless petitioner has agreed to this method of preparation.

Notwithstanding the above, upon the written request of a project applicant received no later than 30 days after the date that the Lead Agency makes a determination pursuant to Public Resources Code section 21080.1, 21094.5, or Chapter 4.2 (commencing with Public Resources Code section 21155) and with the written consent of the lead agency sent within 10 business days from receipt of the written request, the lead agency may prepare the administrative record concurrently with the administrative process. Should the Lead Agency and the project applicant so desire to pursue concurrent record preparation, the parties must comply with the provisions of Public Resources Code section 21167.6.2.
d) SPECIAL CIRCUMSTANCES FOR ENVIRONMENTAL LEADERSHIP PROJECTS Special timing considerations and requirements apply if the Project is certified by the Governor as an Environmental Leadership Project pursuant to the “Jobs and Economic Improvement Through Environmental Leadership Act of 20112021.” For example, the administrative record must be finished and certified within five (5) days of project approval. See Item: 12
226
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) CEQA LITIGATION 20212022 City of Lake Forest Guidelines 9-4 ©Best Best & Krieger LLP Public Resources Code section 21186 for a complete discussion of the special requirements related to the preparation of an administrative record for an Environmental Leadership Project.

Item: 12
227
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-1 ©Best Best & Krieger LLP 10) AFFORDABLE HOUSING
a) STREAMLINED, MINISTERIAL APPROVAL PROCESS FOR AFFORDABLE HOUSING

PROJECTS
The legislature has provided reforms and incentives to facilitate and expedite the approval and construction of affordable housing.
(a) An applicant may submit an application for a development that is subject to the streamlined, ministerial approval process and is not subject to a conditional use permit if the development satisfies all of the following objective planning standards:
(i) The development is a multifamily housing development that contains two or more residential units.
(ii) The development is located on a site that satisfies the following:
(A) A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (B) A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined. (C) A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.
(iii) If the development contains units that are subsidized, the development proponent already has recorded, or is required by law to record, a land use restriction for the following applicable minimum durations:
(A) Fifty-five years for units that are rented.
(B) Forty-five years for units that are owned.
(iv) The development satisfies both of the following:
(A) Is located in a locality that the department has determined is subject to this subparagraph on the basis that the number of units that have been issued building permits is less than the locality’s share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph until the department’s determination for the next reporting Item: 12
228
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-2 ©Best Best & Krieger LLP period. A locality shall be subject to this subparagraph if it has not submitted an annual housing element report to the department pursuant to paragraph (2) of subdivision (a) of Section 65400 for at least two consecutive years before the development submitted an application for approval under this section. (B) The development is subject to a requirement mandating a minimum percentage of below market rate housing based on one of the following:
(1) The locality did not submit its latest production report to the department by the time period required by Government Code section 65400, or that production report reflects that there were fewer units of above moderate-income housing approved than were required for the regional housing needs assessment cycle for that reporting period. In addition, if the project contains more than 10 units of housing, the project seeking approval dedicates a minimum of 10 percent of the total number of units to housing affordable to households making below 80 percent of the area median income. If the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, that zoning ordinance applies.
(2) The locality did not submit its latest production report to the department by the time period required by Government Section 65400, or that production report reflects that there were fewer units of housing affordable to households making at or below 80 percent of the area median income that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, and the project seeking approval dedicates 50 percent of the total number of units to housing affordable to households making at or below 80 percent of the area median income. However, if the locality has adopted a local ordinance that requires that greater than 50 percent of the units be dedicated to housing affordable to households making at or below 80 percent of the area median income, that ordinance applies.
(3) The locality did not submit its latest production report to the department by the time period required by Government Code section 65400, or if the production report reflects that there were fewer units of housing affordable to any income level described in clause (i) or (ii) that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, the project seeking approval may choose between utilizing clause (i) or (ii).
(v) The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Government Code section 65915, is consistent with objective zoning standards and objective design review standards in effect at the time that the development Item: 12
229
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-3 ©Best Best & Krieger LLP is submitted to the local government pursuant to this section. For purposes of this paragraph, “objective zoning standards” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(A) A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.
(B) In the event that objective zoning, general plan, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan. (vi) The development is not located on a site that is any of the following:
(A) A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(C) Wetlands, as defined in the United States Fish and Wildlife Service Manual.
(D) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

Item: 12
230
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-4 ©Best Best & Krieger LLP (E) A hazardous waste site that is listed pursuant to Government Code section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(F) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law, Health and Safety Code section 18901, and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
(G) Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Code of Federal Regulations section

59.1. (H) Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Code of Federal Regulations section

60.3(d)(3).
(I) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, Fish and Game Code section 2800, habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(J) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act, Fish and Game Code section 2050, or the Native Plant Protection Act, Fish and Game Code section 1900. (K) Lands under conservation easement.
(vii) The development is not located on a site where any of the following apply:
(A) The development would require the demolition of the following types of housing:

Item: 12
231
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-5 ©Best Best & Krieger LLP (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(2) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (3) Housing that has been occupied by tenants within the past 10 years.
(B) The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section.
(C) The development would require the demolition of a historic structure that was placed on a national, state, or local historic register. (D) The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property. (viii) The applicant has done both of the following, as applicable:
(A) Certified to the locality that either of the following is true, as applicable:
(1) The entirety of the development is a public work for purposes of Labor Code section 1720.
(2) If the development is not in its entirety a public work, that all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Labor Code sections 1773 and 1773.9, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply:
(I) The development proponent shall ensure that the
prevailing wage requirement is included in all contracts for the performance of the work.
(II) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least Item: 12
232
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-6 ©Best Best & Krieger LLP the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(III) Except as provided in subsection (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Labor Code section 1776 and make those records available for inspection and copying as provided in therein. (IV) Except as provided in subsection (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Labor Code section 1741, which may be reviewed pursuant to Labor Code section 1742, within 18 months after the completion of the development, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action under Labor Code section 1771.2. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Labor Code section 1742.1.
(V) Subsections (III) and (IV) shall not apply if all
contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, “project labor agreement” has the same meaning as set forth in Public Contract Code section 2500(b)(1).
(VI) Notwithstanding Labor Code section 1773.1,
subdivision (c), the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Labor Code section 511 or 514.
(B)(1) For developments for which any of the following conditions apply, certified that a skilled and trained workforce shall be used to complete the development if the application is approved:

Item: 12
233
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-7 ©Best Best & Krieger LLP (I) On and after January 1, 2018, until December 31, 2021, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more. (II) On and after January 1, 2022, until December 31, 2025, the development consists of 50 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more. (III) On and after January 1, 2018, until December 31, 2019, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(IV) On and after January 1, 2020, until December 31, 2021, the development consists of more than 50 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(V) On and after January 1, 2022, until December 31, 2025, the development consists of more than 25 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal bay county.
(2) For purposes of this section, “skilled and trained workforce” has the same meaning as provided in the Public Contract Code section 2600. (3) If the development proponent has certified that a skilled and trained workforce will be used to complete the development and the application is approved, the following shall apply:
(I) The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the development.
(II) Every contractor and subcontractor shall use a skilled and trained workforce to complete the development.
(III) Except as provided in subdivision (IV), the applicant shall provide to the locality, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Public Contract Code section 2600. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Item: 12
234
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-8 ©Best Best & Krieger LLP Act, Government Code section 6250 and shall be open to public inspection.

An applicant that fails to provide a monthly report demonstrating compliance with Public Contract Code section 2600 shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Labor Code section 1741, and may be reviewed pursuant to the same procedures in Labor Code section 1742. Penalties shall be paid to the State Public Works Enforcement Fund.
(IV) Subdivision (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in Public Contract Code section 2500(b)(1).
(C) Notwithstanding subparagraphs (A) and (B) above, a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages or use a skilled and trained workforce if it meets both of the following:
(1) The project includes 10 or fewer units.
(2) The project is not a public work for purposes of Labor Code section 1720.
(ix) The development did not or does not involve a subdivision of a parcel that is, or, notwithstanding this section, would otherwise be, subject to the Subdivision Map Act (Government Code section 66410, et seq.) or any other applicable law authorizing the subdivision of land, unless either of the following apply:
(A) The development has received or will receive financing or funding by means of a low-income housing tax credit and is subject to the requirement that prevailing wages be paid pursuant to subparagraph (A) of paragraph (viii). (B) The development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used, pursuant to paragraph (h).

Item: 12
235
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-9 ©Best Best & Krieger LLP (x) The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law, Civil Code section 798, the Recreational Vehicle Park Occupancy Law, Civil Code section 799.20, the Mobilehome Parks Act, Health and Safety Code section 18200, or the Special Occupancy Parks Act, Health and Safety Code section 18860.
(b) (i)(A)(1) Before submitting an application for a development subject to the streamlined, ministerial approval process described in this section, the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1 of the Government Code, as that section read on January 1, 2020.
(2) Upon receipt of a notice of intent to submit an application, the local government shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the local government shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development. (3) The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:

A. The local government shall provide a formal notice of a development proponent's notice of intent to submit an application to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:

1. A description of the proposed development.

2. The location of the proposed development.

3. An invitation to engage in a scoping consultation in accordance with this subdivision.

B. Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation.

C. If the local government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the Item: 12
236
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-10 ©Best Best & Krieger LLP local government shall commence the scoping consultation within 30 days of receiving that response.
(B) The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe.
(C) The parties to a scoping consultation conducted pursuant to this subdivision shall be the local government and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the local government, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe. The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met:
(1) The development proponent and its consultants agree to respect the principles set forth in this subdivision.
(2) The development proponent and its consultants engage in the scoping consultation in good faith.
(3) The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation.
(D) The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements: (1) Government Code section 6254, subdivision (r); Government Code section 6254.10; Public Resources Code section 21083.3, subdivision (c); (4) State CEQA Guidelines section 15120, subdivision (d); and any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation. (E) CEQA does not apply to the scoping consultation conducted pursuant to this subdivision.

Item: 12
237
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-11 ©Best Best & Krieger LLP (b) (ii)(A) If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development that is subject to the streamlined, ministerial approval process described in this section
.
(B) If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the local government on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined, ministerial approval process described in this section. The local government shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development.
(C) If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the local government regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process described in this section. (D) For purposes of this paragraph, a scoping consultation shall be deemed to be concluded if either of the following occur:
(1) The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
(2) One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached.
(E) If the development or environmental setting substantially changes after the completion of the scoping consultation, the local government shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe. (b) (iii) A local government may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:

Item: 12
238
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-12 ©Best Best & Krieger LLP (A) A California Native American tribe that received a formal notice of the development proponent's notice of intent to submit an application pursuant to this section did not accept the invitation to engage in a scoping consultation.
(B) The California Native American tribe accepted an invitation to engage in a scoping consultation pursuant to this section but substantially failed to engage in the scoping consultation after repeated documented attempts by the local government to engage the California Native American tribe. (C) The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development.
(D) A scoping consultation between a California Native American tribe and the local government has occurred and resulted in an agreement. (b) (iv) A project shall not be eligible for the streamlined, ministerial process described in this section if any of the following apply:
(A) There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project. (B) There is a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in this section.
(C) The parties to a scoping consultation conducted pursuant to this subdivision do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.
(b) (v)(A) If, after a scoping consultation conducted pursuant to this subdivision, a project is not eligible for the streamlined, ministerial process described in this section for any or all of the following reasons, the local government shall provide written documentation of that fact, and an explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation:
(1) There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project. (2) The parties to the scoping consultation have not documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment.

Item: 12
239
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-13 ©Best Best & Krieger LLP (3) The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.
(b) (v)(B) The written documentation provided to a development proponent pursuant to this paragraph shall include information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the local government.
(b) (vi) This section is not intended, and shall not be construed, to limit consultation and discussion between a local government and a California Native American tribe pursuant to other applicable law, confidentiality provisions under other applicable law, the protection of religious exercise to the fullest extent permitted under state and federal law, or the ability of a California Native American tribe to submit information to the local government or participate in any process of the local government.
(b) (vii) For purposes of this subdivision:
(A) “Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties' cultural values and, where feasible, seeking agreement. Consultation between local governments and Native American tribes shall be conducted in a way that is mutually respectful of each party's sovereignty. Consultation shall also recognize the tribes' potential needs for confidentiality with respect to places that have traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the “State of California Tribal Consultation Guidelines: Supplement to the General Plan Guidelines” prepared by the Office of Planning and Research.
(B) “Scoping” means the act of participating in early discussions or investigations between the local government and California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code. (b) (viii) This subdivision (b) shall not apply to any project that has been approved under the streamlined, ministerial approval process provided under this section before September 25, 2020.
(c) (i) If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation Item: 12
240
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-14 ©Best Best & Krieger LLP of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A) Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(ii) If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(d) Any design review or public oversight of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(i) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units. (ii) Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units. (e) (i) Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, shall not impose parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
(A) The development is located within one-half mile of public transit. (B) The development is located within an architecturally and historically significant historic district.
(C) When on-street parking permits are required but not offered to the occupants of the development.

Item: 12
241
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-15 ©Best Best & Krieger LLP (D) When there is a car share vehicle located within one block of the development.
(ii) If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit. (f) (i) If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project satisfies both of the following requirements:
(A) The project includes public investment in housing affordability, beyond tax credits, where .
(B) At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income.
(ii) If a local government approves a development pursuant to this section and the project does not include 50 percent of the units affordable to households making at or below 80 percent of the area median incomesatisfy the requirements of subparagraphs (A) and (B) of paragraph (f)(i) , that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. A project Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, “in progress” means one of the following:
(A) The construction has begun and has not ceased for more than 180 days.
(B) If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
may receive (C) Notwithstanding subparagraph (ii), a local government may grant a project a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
(iii) If a local government approves athe development proponent requests a modification pursuant to this section, thatsubdivision (g), then the time during Item: 12
242
Local Guidelines for Implementing the
California Environmental Quality Act (20212022) AFFORDABLE HOUSING 20212022 City of Lake Forest Guidelines 10-16 ©Best Best & Krieger LLP which the approval shall remain valid for three years from the date of the final action establishing that approval and shall remain valid thereafter for a project so long as vertical construction of the development has begun and is in progress.

Lake Forest City CouncilMay 3, 2022

Lake Forest City Council
May 3, 2022