Photographs of disease signs and symptoms are taken and compared to reference guides such as UC IPM’s Pests of Landscape Trees and Shrubs.
D. Vertebrates (a minimum of one must be selected)
Field personnel are trained to recognize vertebrate pests and t he damage they cause in the landscape.
Field personnel are trained to utilize vertebrate behavior to properly control the pest most effectively.
At least one field staff member is trained in vertebrate baiting and trapping.
A licensed Pest Control Adviser is on staff or contracted to properly identify vertebrate pest.
III. MONITORING FOR PESTS AND PROBLEMS
A. Insect/Mollusk Monitoring Procedures (a minimum of three must be selected) Visually inspect plants for insects, mites, snail and slug damage at least monthly; recording results utilizing a method conducive to tracking changes and easy recall of data.
Yellow sticky traps are utilized to assess populations of insects.
Insects are dislodged from plants by shaking over a collection surface usually consisting of a clipboard with a white sheet of paper.
If available for a particular insect, phermone-baited traps are utilized.
Soil-dwelling turf insects are brought to the surface for monitoring by flushing a specific area of soil (i.e. 2’ x 2’ grid) with plain water or a soapy water mixture.
The amount of honeydew (aphids) and frass (caterpillars) present is utilized as an indicator of population levels.
B. Weed Monitoring Procedures (a minimum of two must be selected) Item: 8
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Landscapes are inspected at least 4 times a year (early winter, early spring, summer and early fall) for weeds in order to determine if and when a weed problem exists.
Utilize site surveys to record the locati on, date, and severity of weed problem; recording results utilizing a method conducive to tracking changes and easy recall of data.
Count and record the number of weeds encountered at periodic intervals (e.g. every 1 to 2 feet) along a straight line transecting a landscapes area or within a selected area, for example 4 sq. ft. samples done in random places in a bed or turf area.
C. Disease Monitoring Procedures (a minimum of two must be selected) Landscapes are regularly checked for conditions, such as overwatering and injuries, which promote disease.
Landscapes are checked monthly, at a minimum, for disease symptoms and signs.
Disease prone plants are checked more frequently.
Records are kept utilizing a method conducive to tracking changes and easy recall of data of each landscape inspection noting, date when disease signs and symptoms were first noticed and the current environmental conditions and soil moisture levels.
D. Vertebrate Monitoring Procedures (a minimum of two must be selected) Landscapes are regularly inspected for vertebrate presence either by damage caused by animal, actual animal sightings, and/or droppings.
Records are kept of the absence or presence of actual vertebrates, the damage caused, and/or the presence or absence of droppings.
Maps are created and updated at least twice a year, recording area of high vertebrate damage or signs (such as gopher mounds).
IV. ACTION THRESHOLDS AND GUIDELINES
A. Insect/Mollusk Thresholds and Guidelines (a minimum of one must be selected) Insect tolerance levels are established based on the public’s acceptance of damage to the landscape or a certain level of nuisance pests (i.e. ants), the actual plant species in the landscape, and long-term monitoring and knowledge of pests causing the damage.
Thresholds are based on levels were reasonable control of the pest can be achieved with minimum impact on the environment.
Insect monitoring records are utilized to establish threshold levels for the implementation of control strategies. For example, the threshold for the presence of aphids on a rose garden at City Hall is low, while in a native shrub border it might be considerably higher.
B. Weed Thresholds and Guidelines (a minimum of one must be selected) Weed tolerance levels are established based on public safety or the public’s acceptance and the resources available to manage the landscape at that level.
Weed monitoring records are utilized to rank the perc entage of the landscape area infested (none, light, moderate, heavy, or very heavy) with weeds.
Public areas are ranked according to high, medium, or low level of weed control and management conducted according to levels set for each rank (see Appendix A) C. Disease Thresholds and Guidelines (a minimum of one must be selected) Disease tolerance levels are established based on the public’s acceptance and the resources available to manage the landscape at the level required.
Disease monitoring records are utilized to establish threshold levels for the implementation of control strategies. For example, the threshold for the presence of powdery mildew on roses at City Hall is much lower than the threshold for its presence on Euonymus in a parking lot at a city sports park.
D. Vertebrate Thresholds and Guidelines (a minimum of one must be selected) Vertebrate tolerance levels are established based on public safety, the public’s acceptance and the resources available to manage the landscape at the level required.
Vertebrate monitoring records are utilized to establish threshold levels for the implementation of control strategies. For example, the threshold for the presence of Item: 8
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gopher mounds in a sport field is zero, while in a native shrub border it might be two before a trapping strategy is implemented.
V. SELECTION OF APPROPRIATE MANAGEMENT METHODS
A. Insect/Mollusk Management Methods
Cultural/Mechanical/Physical Control Methods (a minimum of three methods must be selected)
Sticky barriers are applied to trunks of trees and large shrubs to prevent ants and other wingless invertebrates from plant canopies.
Small insect infestations are removed by pruning infested plant parts.
Copper bands are installed around base of trees or planting areas wher e snail and slug infestations are prevalent.
Plant canopies are thinned to increase light penetration to exposure certain soft -bodied insects (soft-scale) as well as snails and slugs to heat.
Strong streams of water are used to dislodge insects such as aphids and whiteflies, from leaves.
Avoid use of plants that snails and slugs use for shelter.
Avoid irrigating between 5pm and 5am when moisture remains on plant material for several hours.
Biological Control Methods (a minimum of one method must be selected) Persistent broad-spectrum pesticides are avoided, especially if biological control of an insect has been established by UC researchers. Examples include parasitoid wasps controlling Eugenia Psyllids, Giant Whitefly, and Ash Whitefly.
Natural predators (beneficial insects) are augmented with purchases of additional predators from commercially available resources.
Pesticide Control Methods (a minimum of five methods from must be selected) The most selective, rather than broad-spectrum, pesticide is used If available for controlling a particular insect, biological and botanical pesticides are selected
Insecticidal soaps are utilized to control infestations of soft-bodied insects such as aphids, thrips, and immature scales.
Horticultural oils (neem oil and narrow-range refined oils) are utilized to control infestations of soft-bodied immature and adult insects such as aphids, scales, and whiteflies.
Pesticides are only utilized when the potential for impacts to the environment, e specially water quality, are minimized.
Equipment is calibrated prior to the application of the insecticide to avoid excess material being applied to the landscape environment.
Applicators are trained to not apply pesticides to hard surfaces and to not allow any pesticide to enter the storm drain system
Spot treatments are utilized rather than broadcast methods Insecticide/fertilizer combinations are only used if appropriate timing for BOTH the insecticide application and the fertilizer application.
B. Weed Management Methods
Cultural, Mechanical, and Physical Control Methods (a minimum of three methods must be selected)
Timers are set to avoid overwatering as weeds establish in areas where soil moisture is excessive.
Drainage is managed to avoid wet areas.
Weeds are removed from a site prior to planting.
Mower height is adjusted to turf species and time of year.
Mower is washed after mowing a weedy site.
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Hand-pulling, mowing, trimmers/brushcutters, flaming, hoeing, and rototilling around landscape plants are the main methods utilized to control annual weeds and young perennial weeds.
Soil solarization is utilized to control some annual and perennial weed species.
Bare soil areas are covered with a thick layer of mulch to suppres s weeds and conserve soil moisture.
Soil, mulch, and plant material is weed-free before it is introduced into the landscape.
Pesticide Control Methods (a minimum of three methods must be selected) Spot treatments are utilized rather than broadcast methods.
Herbicide/fertilizer combinations are only used if appropriate timing for BOTH the herbicide application and the fertilizer application.
Herbicides are utilized according to established thresholds (see Appendix A).
Organically acceptable herbicides (shown to be effective through science-based research) are used where appropriate.
Herbicides are applied to the stage of weed growth most susceptible to the chemical.
Equipment is calibrated prior to the application of the herbicide to avoid excess material being applied to the landscape environment.
C. Disease Management Methods
Cultural, Mechanical, and Physical Control Methods (a minimum of three methods must be selected)
Prune out and dispose of localized areas of diseased plants.
Pathogen-infested plant parts are removed from the soil surface area to reduce certain pathogens (e.g. Camellia Petal Blight).
Pruning tools are sterilized (e.g. a diluted bleach solution) between plants to prevent the spread of pathogen to other plants.
Proper irrigation and fertilization are maintained to prevent plant stress, water-logging, and subsequent susceptibility to disease.
Soil solarization is utilized to control soil pathogens in annual beds where it is most effective.
Mulch is kept at least 6” from base of plants to avoid excessive moisture around crown possibly resulting in crown rots and is no deeper than 4” Replace disease-prone plants with non-susceptible species.
Pesticide Control Methods (a minimum of two methods must be selected) Preventative fungicides and bactericides are only used where diseases can be predicted from environmental conditions and applied prior to infection or the appearance of symptoms.
Synthetic fungicides are used sparingly in the landscape and only in high visibility areas in order to minimize development of resistance.
Organic fungicides and bactericides are utilized in combination with cultural, mechanical, and physical control methods in order to improve their effectiveness.
Copper-based fungicides are only utilized in situations where its entry into surface runoff and storm drains is virtually impossible and after consultation with PCA and IPM coordinator.
Mycopesticides, commercially available beneficial microorganisms, are used where appropriate.
Fungicides classes are rotated to avoid resistance.
D. Vertebrate Management Methods
Cultural and Physical Control Methods (a minimum of two methods must be selected) Groundcovers are maintained such that they do not harbor rats.
Shrubs pruned at least 1 foot from the ground (rats).
Sources of drinking water removed (leaky faucets, puddles).
Trash cans have lids and are emptied daily (rats).
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Screens or other barriers installed under structures that have a space between soil and floor (rabbits).
Habitat modification, based on pest biology is used to reduce shelter.
Trapping is used for gophers when safe and practical.
Kill traps used for ground squirrels and rabbits, are checked daily, and in places not accessible by children or non-target animals.
Gas cartridges are used for ground squirrels according to UC recommendations.
Pesticide Control Methods (a minimum of two methods must be selected) Anti-coagulant baits are used and applied according to label and UC recommendations.
Bait is applied in a manner that non-target animals do not access to it.
Restricted use rodenticides, aluminum or zinc phosphide, are used only after applicator has been trained for that product or only by a wildlife management contractor.
VI. GENERAL PESTICIDE MANAGEMENT PRACTICES
(all practices listed below must be selected)
Restricted use pesticides are only used when no other alternatives are practical.
If pesticides are necessary, CAUTION -labeled pesticides are considered before more toxic alternatives.
Only small quantities of pesticides are purchased eliminating the need for stockpiling.
MSDSs are regularly updated to reflect new pesticides or label changes to pesticides in storage.
Appendix A
Ranking public areas for weeds (or other pest) management:
Areas ranked as HIGH may include areas that the public sees and expects to be well-maintained.
Examples are entrances to public buildings such as city hall and libraries.
These areas are allowed to use pesticides based on established thresholds.
Areas ranked as MEDIUM may include areas the public sees but does not expect a high level of maintenance. Examples are landscaped areas away from the entrance, recreational and picnic areas. These areas can tolerate a higher lever of weeds.
These areas are allowed to use pesticides but the threshold is much higher and pesticides are used infrequently and only after consultation with IPM coordinator.
Areas ranked as LOW may include areas the public rarely sees or does not expect a high level of maintenance. Examples are medians, landscaped areas in parking lots, wildlands. These areas can tolerate a higher lever of weeds.
These areas are not allowed to use pesticides except in extreme cases and only after consultation with IPM coordinator.
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EXHIBIT “B”
SCHEDULE OF MAINTENANCE SERVICES
Contractor shall complete the services identified in Exhibit “A” above at the direction of the City.
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EXHIBIT “C”
COMPENSATION
CITY OF LAKE FOREST
PASSIVE PARKS LANDSCAPE AND RESTROOM MAINTENANCE SERVICES
COMPENSATION
Contractor shall be paid for work described in Exhibit “A” Scope of Services and a not-to-exceed amount of three million three hundred sixty -five thousand seven hundred seventy dollars and eighty cents ($3,365,770.80) based on the following schedule.
Schedule A – Passive Parks Maintenance Costs
The Contractor’s monthly maintenance cost in Schedule A shall include the following as defined and described in Exhibit “A” Scope of Maintenance Services: general and daily maintenance; weekly weed control, turf grass maintenance, and irrigation maintenance; bi -weekly landscape maintenance; monthly pest and rodent control; and fertilization.
Item Description Unit Quantity
Unit
Pricing
Annual
Total
SCHEDULE A: Passive Parks
Maintenance Services
A1
ALTON PARK (18992 Alton
Parkway) Month 12 $1,262.00 $15,144.00
A2
Barker Ranch Dog Park (25600
Baffin Bay) Month 12 $493.00 $5,916.00
A3
BORREGO OVERLOOK PARK (21
Viaggio Lane) Month 12 $1,109.00 $13,308.00
A4
CAVANAUGH PARK (23782
Cavanaugh Road) Month 12 $3,477.00 $41,724.00
A5
CHERRY PARK (22651 Cherry
Avenue) Month 12 $2,897.00 $34,764.00
A6
CONCOURSE PARK (18931
Saddleback Ranch Road) Month 12 $4,507.00 $54,084.00
A7
DARRIN PARK (22461 Cherry
Avenue) Month 12 $2,833.00 $33,996.00
A8
EL TORO PARK (23701 Los Alisos
Boulevard) Month 12 $6,438.00 $77,256.00
A9
ETNIES SKATEPARK OF LAKE
FOREST (20028 Lake Forest Drive) Month 12 $3,412.00 $40,944.00 Item: 8
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A10
LAKE FOREST PARK (24000
Serrano Road) Month 12 $1,481.00 $17,772.00
A11
MONTBURY PARK (21962 Montbury
Drive) Month 12 $2,253.00 $27,036.00
A12
MOUNTAIN VIEW PARK (24061
Dylan Street) Month 12 $3,412.00 $40,944.00
A13
NATURE PARK (26215 Dimension
Drive) Month 12 $2,897.00 $34,764.00
A14
PEACHWOOD PARK (21132
Peachwood) Month 12 $1,738.00 $20,856.00
A15
PEBBLE CREEK PARK (26441
Pebble Creek Road) Month 12 $1,404.00 $16,848.00
A16
PITTSFORD PARK (21701 Pittsford
Drive) Month 12 $6,438.00 $77,256.00
A17
RANCHWOOD PARK (22500 Killy
Street) Month 12 $1,223.00 $14,676.00
A18
SERRANO CREEK PARK (25101
Serrano Road) Month 12 $15,738.00 $188,856.00
A19
SUNDOWNER PARK (22041
Sundowner Lane) Month 12 $603.00 $7,236.00
A20
VETERANS PARK (23102 Ridge
Route Drive) Month 12 $3,090.00 $37,080.00
A21
VINTAGE PARK (21000 Vintage
Street) Month 12 $3,026.00 $36,312.00
A22
FLOE-PACKER MINI PARK (Packer
Place Cul-de-sac) Month 12 $219.00 $2,628.00
TOTAL ANNUAL AMOUNT
(Schedule A) $839,400.00
Schedule B – Wood Fiber Playground Chips
Item Description Unit Quantity Unit Pricing Annual Total
SCHEDULE B: WOOD FIBER
PLAYGROUND CHIPS
B1 Concourse Park Cu. Yards 80 $47.73 $3,818.40
B2 Mountain View Park Cu. Yards 85 $47.73 $4,057.05
B3 Pittsford Park Cu. Yards 40 $47.73 $1,909.20
B4 Peachwood Park Cu. Yards 15 $47.73 $715.95
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B5 Serrano Creak Park Cu. Yards 10 $47.73 $477.30
B6 El Toro Park Cu. Yards 35 $47.73 $1,670.55
B7 Lake Forest Park Cu. Yards 10 $47.73 $477.30
B8 Ranchwood Park Cu. Yards 20 $47.73 $954.60
B9 Cavanaugh Park Cu. Yards 10 $47.73 $477.30
B10 Sundowner Park Cu. Yards 45 $47.73 $2,147.85
B11 Vintage Park Cu. Yards 30 $47.73 $1,431.90
B12 Alton Park Cu. Yards 60 $47.73 $2,863.80
B13 Pebble Creek Park Cu. Yards 30 $47.73 $1,431.90
TOTAL ANNUAL AMOUNT
(Schedule B) $22,433.10
Schedule C – Irrigation System Maintenance/Repair Parts Item Description Unit Quantity Unit Pricing Annual Total
SCHEUDLE C: IRRIGATION
SYSTEM MAINTENANCE/REPAIR
PARTS
C1 Hunter I-40 Pop Up Each 200 $53.00 $10,600.00
C2 Hunter I-25 Pop Up Each 200 $35.00 $7,000.00
C3 Hunter I-20 Pop Up Each 200 $19.00 $3,800.00
C4 Hunter I-10 Each 200 $0.00 $0.00
C5 Hunter PGH 12" Pop Up Each 200 $16.00 $3,200.00
C6 Hunter PGP ADJ Pop Up Each 200 $9.25 $1,850.00
C7
Rain Bird 1804 SAM PRS W/Van
Nozzle Each 200 $6.25 $1,250.00
C8
Rain Bird 1806 SAM PRS W/Van
Nozzle Each 200 $13.50 $2,700.00
C9
Rain Bird 1812 SAM PRS W/Van
Nozzle Each 75 $16.50 $1,237.50
C10 Rain Bird 1" RCV GB Series Each 10 $0.00 $0.00
C11 Rain Bird 1-1/2" RCV GB Series Each 10 $0.00 $0.00
C12 Rain Bird 2" RCV GB Series Each 10 $0.00 $0.00
C13
Superior 3" Non Pressure Regulating
Brass Valve Each 10 $835.00 $8,350.00
C14
Rain Bird 3/4 3-RC Quick Coupling
Valve Each 10 $47.00 $470.00
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C15
Rain Bird 1" 44-RC Quick Coupling
Valve Each 10 $90.00 $900.00
C16 Plastic/Rectangular RCV Box W/Lid Each 50 $36.00 $1,800.00 C17 Plastic/Round QCV Box W/Lid Each 50 $26.00 $1,300.00 C18
Rain Bird 1" Valve Replacement
Diaphragm Each 50 $30.00 $1,500.00
C19
Rain Bird 1-1/2 " Valve Replacement
Diaphragm Each 50 $44.00 $2,200.00
C20
Rain Bird RCV Replacement
Solenoid Each 50 $35.00 $1,750.00
C21 CalSense Decoder Two Wire Each 12 $385.00 $4,620.00
TOTAL ANNUAL AMOUNT
(Schedule C) $54,527.50
Schedule D – Plant Material Installed
Item Description Unit Quantity Unit Pricing Annual Total
SCHEDULE D: PLANT
MATERIAL INSTALLED
D1 Annual Color Per Flat 100 $32.00 $3,200.00
D2 Ground Cover Per Flat 100 $30.00 $3,000.00
D3 One (1) Gallon Shrub Each 100 $10.00 $1,000.00
D4 Five (5) Gallon Shrub Each 100 $30.00 $3,000.00
D5 Fifteen (15) Gallon Shrub Each 100 $71.00 $7,100.00
D6
Fifteen (15) Gallon Tree
W/Stakes and Ties Each 100 $92.00 $9,200.00
D7
Twenty-Four (24) inch Box
Tree W/Stakes and Ties Each 100 $275.00 $27,500.00
D8
Thirty-Six (36) Inch Box Tree
W/Stakes and Ties Each 50 $332.00 $16,600.00
D9
Tree Pruning Per Section
2.01.5 Each 100 $58.00 $5,800.00
D10
Tree Removals Per Section
2.01.5 Each 75 $145.00 $10,875.00
D11
Install Mulch (Recycled
Organic) Cu. Yards 660 $30.00 $19,800.00
D12 Rototill Sq Feet 1,000 $0.15 $150.00
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D13 Soil Test Each 10 $75.00 $750.00
D14 Mechanical Trenching Linear Feet 1,000 $1.25 $1,250.00
TOTAL ANNUAL AMOUNT
(Schedule D) $109,225.00
Schedule E – Park Restroom Janitorial Services
Item Description Unit Quantity Unit Pricing Annual Total
SCHEDULE E: PARK
RESTROOM JANITOTIAL
SERVICES
E1 Concourse Park Daily 365 $19.95 $7,281.75
E2 El Toro Park Daily 365 $19.95 $7,281.75
E3 Etnies Skate Park Daily 365 $24.73 $9,026.45
E4 Mountain View Park Daily 365 $19.95 $7,281.75
E5 Pittsford Park Daily 365 $19.95 $7,281.75
E6 Serrano Creek Daily 365 $19.95 $7,281.75
E7
Extra On-Call Restroom
Cleaning Services Per Hour 20 $45.14 $902.80
TOTAL ANNUAL AMOUNT
(Schedule E) $46,338.00
Schedule F – Labor Rates for Any Requested Extra Maintenance Work Extra Work is defined as any work that is not included in the monthly proposal cost as described in the proposal and Exhibit A Maintenance Scope of Work . Extra work can include, but is not limited to, certain types of irrigation repairs; certain types of repair and replacement of picnic tables, trash enclosures, gazebos, restroom facilities, doggy bag containers and other park appurtenances and facilities; and, furnishing and installing new equipm ent, including but not limited to, park furniture, drinking fountains, BBQ’s, backflows, storm drain lids and covers, playground fibers and other equipment and/or material as necessary or as directed. Rare plants, non-standard plant sizes, or extraordinar y circumstances as determined by the City shall be considered extra work.
The total budgeted amount for extra work that shall be included in the proposal total cost under Schedule F is $50,000 per year. This is in addition to the monthly maintenance costs and irrigation and plant costs (Schedules A, B, C, D , and E). The proposal cost shall be the total annual cost of these five (5) Schedules.
Description
Normal
Business
Hours Rate
Emergency Response/
After Hours Rate
Landscape Maintenance Supervisor $68.00 $136.00
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Landscape Foreman $45.00 $90.00
Irrigation Specialist $54.00 $108.00
Landscape Maintenance Laborer $38.00 $76.00
QAC Spray Technician $60.00 $120.00
Schedule Annual Total 3- Year Total
Schedule A – Passive Parks Monthly Maintenance $839,400.00 $2,518,200.00 Schedule B – Wood Fiber Playground Chips $22,433.10 $67,299.30 Schedule C – Irrigation System Maintenance/Repair
Parts
$54,527.50 $163,582.50
Schedule D – Plant Material Installed $109,225.00 $327,675.00 Schedule E – Park Restroom Janitorial Services $46,338.00 $139,014.00 Annual Total – Schedules A-E $1,071,923.60 $3,215,770.80 Schedule F – Extra Work $50,000.00 $150,000.00
Total – All Schedules $1,121,923.60 $3,365,770.80
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim.
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EXHIBIT “D”
INSURANCE REQUIREMENTS
1.1 Insurance.
1.1.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.
1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers’ Compensation: Workers’ Compensation
Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the contractor’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5,000,000 per loss and $10,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.
If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
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1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability and Contractor’s Pollution Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation
stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.
1.1.4 Primary and Non- Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing i nsurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.
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55136.00200\31919334.1 Exhibit “D”-3-
1.1.6 Deductibles and Self -Insured Retentions. Any deductible or self -insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
1.1.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.
1.1.9 Acceptability of Insurers . Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the Calif ornia Insurance Code or any federal law.
1.1.10 Enforcement of Contract Provisions (non estoppel) . Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.
1.1.11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor’s policies, or the Con tractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor’s policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has Item: 8
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55136.00200\31919334.1 Exhibit “D”-4-
received satisfactory evidence of s ubcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
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Attachment 2
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Contact #1: Contact #2: Contact #3:
Agency: Laguna Hills Mission Viejo Orange
Contact Info: Ryan Hanley Jerry Hill Robert Ambriz
(949) 707-2652 (949) 470-3095 (714) 744-7264
QUESTIONS RESPONSE RESPONSE RESPONSE
1. W
hat were the services
performed?
Landscape Maintenance -
Parks/MPS
Landscape Maintenance:
Passive Parks, Sports
Parks, Sloples, Median,
Parkways
Landscape Parks,
Medians & Parkways
2. How would you rate the quality
of work? Very good. Very good. Very good.
3. D
id the firm meet all
deadlines? (Yes/No) Yes Yes Yes
4. W
as day-to-day
communication with the firm
satisfactory? (Yes/No)
Yes Yes Yes
5. W
ere there any issues with
t
he firm? (Yes/No) (No, please
ex
plain.)
No No. The firm performs well
and is very responsive. No
6. D
o you have any additional
comments or information
r
egarding your experience with
t
he firm?
No Additional Comments
N
ieves Landscape, Inc.
continues to perform well
meeting contract
expectations.
N
o Additional
Comments
DATE: 5/17/2023
CITY OF LAKE FOREST
DEPARTMENT OF PUBLIC WORKS
Passive Park Landscape and Restroom Maintenance Services
NIEVES LANDSCAPING REFERENCE CHECK
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SUBJECT:
CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/6/2023
DEPARTMENT: Management Services
INDEPENDENCE DAY PARADE ROAD CLOSURES AND RELATED
ACTIVITIES ON JULY 4, 2023
RECOMMENDED ACTION(S):
1. Approve road closures of race and parade route from 5:00 a.m. - 2:00 p.m. on July 4, 2023.
2. Direct Public Works to provide required traffic control devices and crews for road closures.
3. Direct the Orange County Sheriff’s Department to staff road closures and patrol events.
4. Approve additional street sweeping of the route.
EXECUTIVE SUMMARY:
The City’s 30th Annual Fourth of July Parade Celebration is scheduled to take place on Tuesday, July 4, 2023. The Parade Committee, comprised of community volunteers and staff, is coordinating the celebration. The event will begin with a pancake breakfast hosted by the Lake Forest Kiwanis Club near the El Toro High School Administration Building at 7:00 a.m. The 5K/1K Run/Walk put on by the El Toro Parent-Student-Teacher Organization (“PTSO”) will also commence at 7:00 a.m. (Attachment 1). The Parade will begin at 9:30 a.m. at El Toro High School and is routed along Toledo Lane, Lake Forest Boulevard, and Serrano Court (Attachment 2). Both events are starting 30 minutes earlier to reduce the time neighborhoods adjacent to the parade route are impacted (i.e., entry/exit for vehicular traffic is blocked).
Staff requests City Council approval of necessary street closures and required support services (Attachment 2). The above recommended actions would authorize the necessary related logistical requirements for the parade. The proposed 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended action.
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FISCAL IMPACT:
The proposed 2023-2025 Operating Budget includes sufficient funding to cover the costs of the recommended action.
ATTACHMENTS:
1. 5K/1K Race Route
2. Fourth of July Parade Route Including Road Closures and Signage Initiated By: Courtney Wysocki, Senior Recreation Supervisor Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
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ATTACHMENT 1
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5K/1K Race Route
1K Race
5K Race
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ATTACHMENT 2
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The City of Lake Forest Fourth of July - Parade Route
A
TE
Lake ForestLegend
1 Heritage Hill
Plaza
& Trabuco
R
TON W
Road Serano
Creek
Ranch
Y
24 F
Closures Race Starts
at 7:00 am
Serrano
1 Parade entrants
A Signage shall continue on to
Ridge Route without
slowing the pace.Place 18 Sycamore
Plaza19
Rancho
Cañada
Toledo
& SeranoF 2 Ridge Route NU
GG
ET
BA E Closed at 9:15amSS LA
Elementary
School
KE LOG
ANB
CIR
23 ERR
Y LN
3 Shopping
Center
2.1 Dayton
Closed at 9:15am
Lake Forest
Park
B 20 22 21La Madera17 Elementary
School General Parking
& De-Staging Serano
Closed at 9:15amVIP Grandstand AreaEquestrian
SL StagingEEPY HOLLOW TERR
ACE
Longwood
Closedat 9:15am El Toro
High School C Park Place
Ranchwood16 Restricted
Parking4
Band
Check-in
& Staging
Pancake
BreakfastTV
Primary Check-in
LocationRestricted
Parking (Toledo & Killy)13 24Judging
StartE 715
12 Toledo
& Bake 6 510
9 General
Information Primary
StagingAmbulance
Location C
11 8Car Club
Check-in
and Staging
14 Ridge Route
& JeronimoD
Lake Forest
& Jeronimo
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280
CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/6/2023
DEPARTMENT: Community Development
SUBJECT:
UPDATED 2023 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 (“State CEQA 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 2023 Local CEQA Guidelines (Attachment 2). The changes proposed under the 2023 Local CEQA Guidelines serve to exempt several projects from CEQA review, thereby facilitating their implementation and development. The exemptions include:
1. Transit prioritization projects
2. Transportation plans, pedestrian plans, and bicycle transportation plans (active transportation and pedestrian plans)
3. Water system wells and domestic well projects
4. Affordable housing developments in commercial zones
5. Mixed-income housing developments along commercial corridors Additional updates include revisions as follows:
6. Updating references to the California Public Records Act
7. Increasing filing fees for negative declaration, mitigated negative declaration, environmental impact, and certified regulatory program Item: 10
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2 6
4 5
Staff recommends the City Council adopt the attached resolution to remain in conformance with State law (Attachment 1). Attachment 2 , prepared by the City Attorney’s office, is the City’s 2023 Local Guidelines for Implementing the California Environmental Quality Act (“CEQA”).
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 State CEQA Guidelines, which serve as the official interpretation to explain and implement CEQA. State law requires the State 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 State CEQA 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 that serve to implement State 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.
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In 1991, the City of Lake Forest adopted Resolution No. 91-28, which set forth the City’s Local CEQA Guidelines for Implementing the California Environmental Quality Act. Over the years, the City has regularly adopted updated versions of Local CEQA Guidelines. The last update occurred in May 2022.
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 2023 Local CEQA Guidelines (Attachment 2) are consistent with revisions to CEQA and the State CEQA Guidelines made in response to changes in legislation and case law (interpretations of the law through the legal system).
Also recommended with this update is a slight increase in Department of Fish and Wildlife filing fees as indicated below under “Notable Revisions”, item 7. The proposed 2023 Local CEQA Guidelines are included as Attachment 2 in red-lined format to illustrate the changes compared to the adopted 2022 Local CEQA Guidelines.
The most notable changes are summarized below.
Notable Revisions:
The following summarizes notable changes to the Local CEQA Guidelines:
California
Environmental Quality
Act
(CEQA)
State CEQA Guidelines
Prepared by the
California Resources
Agency
Local CEQA Guidelines
Prepared by the City
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1.Section 3.q Transit Prioritization Projects
This section has been amended to exempt certain transit, bicycle and pedestrian projects that meet specified criteria and do not induce single- occupancy vehicle trips.
Examples of projects that are exempt include, but are not limited to:
(1) Pedestrian and bicycle facilities.
(2) Transit prioritization projects, such as the installation of traffic signs or new signals.
(3) A project for the institution or increase of bus rapid transit, bus, or light rail service.
(4) A public project to construct or maintain infrastructure of facilities to charge, refuel, or maintain zero-emission public transit buses, trains, or ferries.
(5) A decision to reduce or eliminate minimum parking requirements or institute parking maximums.
2.Section 3.r Transportation Plans, Pedestrian Plans, and Bicycle Transportation Plans
This section has been amended to exempt active transportation plans and pedestrian plans from CEQA.
An active transportation plan refers to a plan developed by a local jurisdiction that promotes and encourages people to choose walking, bicycling, or rolling through the creation of safe, comfortable, connected, and accessible walking, bicycling, or rolling networks, and encourages alternatives to single-occupancy vehicle trips.
A pedestrian plan refers to a plan developed by a local jurisdiction that establishes a comprehensive, coordinated approach to improving pedestrian infrastructure and safety.
3.Section 3.s Water System Wells and Domestic Well Projects This section is a new statutory exemption that applies to the construction, maintenance, repair, or replacement of wells where certain conditions are met, including:
(1) The domestic well or water system to which the well project is connected must be designated by the State Water Resources Control Item: 10
284
2 6
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Board (“State Board”) as high risk or medium risk in the State Board’s drinking water needs assessment.
(2) The well project must be designed to mitigate or prevent a circumstance where residents that rely on the well or the water system to which the well is connected would be left without an adequate supply of safe drinking water.
(3) The well project may not be designed primarily to serve irrigation or future growth, and
(4) A series of other conditions must be met.
4.Section 10.h Affordable Housing Developments in Commercial Zones This section is a new CEQA-exempt, ministerial approval process for multi- family housing developments meeting specified criteria. The project must ensure:
(1) That 100 percent of the project’s units, excluding managers’ units, be dedicated to lower income households at an affordable cost or affordable rent.
(2) It meets the objective zoning standards, objective subdivision standards, and objective design review standards, as defined. (3) It is located in a zone where office, retail, or parking are a principally permitted use.
(4) It meets certain labor standards; and
(5) It meets a list of other conditions, specified in the Local Guidelines.
5.Section 10.i Mixed-Income Housing Developments Along
Commercial Corridors
This section creates another CEQA-exempt, ministerial approval process for proposed multi-family housing development projects that meet certain affordability including:
(1) That the project abut a commercial corridor and have frontage along the commercial corridor of at least fifty (50) feet.
(2) That the project not be located on a site greater than 20 acres. (3) That the project be located in a zone where office, retail, or parking is a principally permitted use.
(4) That the project meets certain labor standards.
(5) That the project meet a list of over twenty other conditions, specified in the Local Guidelines.
6.Various Sections Updated References to California Public Records Act Item: 10
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The California Public Records Act (PRA) has been recodified and reorganized to be consistent with Assembly Bill (AB) 463. Whereas the PRA was previously codified as Government section 6250, et seq., the PRA is now codified as Government Section 7920.000, et seq. References to the PRA have been updated in the Local Guidelines consistent with AB 463. The reorganization makes no substantive changes to the PRA.
7.Other Changes Fee Increases
The Department of Fish and Wildlife increased its fees effective January 1, 2023, as follows:
Filing fees for Negative Declarations or Mitigated Negative Declarations were increased from $2,548.00 to $2,764.00.
Filing fees for an Environmental Impact Report (EIR) were increased from $3,539.25 to $3,839.25.
For an environmental document pursuant to a Certified Regulatory Program, the filing fee has been increased from $1,203.25 to 1,305.25.
The proposed update to the Local CEQA Guidelines reflects changes to the State CEQA Guidelines. The changes to the Local CEQA Guidelines as attached in Exhibit A of Attachment 1, complete the required update in accordance with State law and case law. Therefore, staff recommends that the City Council adopt the Resolution in Attachment 1.
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
1. City Council Resolution
2. 2023 Local CEQA Guidelines
Initiated By: Marie Luna, Senior Planner
Submitted By: Gayle Ackerman, AICP, Director of Community Development Approved By: Debra Rose, City Manager
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Attachment 1
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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 s ection 21082 requires all public agencies to adopt objectives, criteria and procedures for (1) the evaluation of public an d 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 “2023 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 June 6, 2023, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Doug Cirbo, Mayor
ATTEST:
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__________________________________________
Lisa Berglund, MPA
City Clerk
APPROVED AS TO FORM:
__________________________________
Matthew Richardson, Best Best & Krieger LLP
City Attorney for the City of Lake Forest, California
I, Lisa Berglund, City Clerk of the City of Lake Forest, California do hereby certify that the foregoing Resolution No. 2023-_______ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 6th day of June, 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________________
LISA BERGLUND
CITY CLERK
Item: 10
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Attachment 2
Item: 10
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Indian Wells | Irvine | Los Angeles | Manhattan Beach |Ontario | Riverside | Sacramento | San Diego | Walnut Creek | Washington DC | Bend OR
CEQA Guidelines
2023
Prepared For:
City of Lake Forest
Local Guidelines for Implementing the California
Environmental Quality Act
© 2023 Best Best & Krieger LLP
www.BBKlaw.com
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ATTACHMENT “A”
CITY OF LAKE FOREST
LOCAL GUIDELINES
FOR IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
2023
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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 e) Projects Relating to Development of Hazardous Waste and Other Sites ........... 2-3 f) Responsible Agency Principle ............................................................................ 2-4 g) Duties of a Responsible Agency ......................................................................... 2-4 h) Response to Notice of Preparation by Responsible Agencies ............................ 2-4 i) Use of Final EIR or Negative Declaration by Responsible Agencies ................ 2-5 j) Shift in Lead Agency Responsibilities ................................................................ 2-5 k) 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) Notice of Exemption ........................................................................................... 3-3 Item: 10
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TABLE OF CONTENTS
(continued)
Page
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f) Disapproved Projects .......................................................................................... 3-4 g) Projects with No Possibility of Significant Effect .............................................. 3-4 h) Emergency Projects ............................................................................................ 3-4 i) Feasibility and Planning Studies ......................................................................... 3-5 j) Rates, Tolls, Fares, and Charges ......................................................................... 3-5 k) Specific Statutory Exemptions ............................................................................ 3-5 l) Ballot Measures .................................................................................................. 3-6 m) Transit Priority Project ........................................................................................ 3-6 n) Certain Infill Projects .......................................................................................... 3-7 o) Exemption for Infill Projects in Transit Priority Areas ...................................... 3-9 p) Transfer of Land for the Preservation of Natural Conditions ............................. 3-9 q) Transit Prioritization Projects. .......................................................................... 3-10 r) Transportation Plans, Pedestrian Plans, and Bicycle Transportation Plans. ..... 3-12 s) Water System Wells and Domestic Well Projects. ........................................... 3-13 t) Small Disadvantaged Community Water System and State Small Water System. .............................................................................................................. 3-14 u) Conservation and Restoration of California Native Fish and Wildlife. ............ 3-15 v) Linear Broadband Deployment in a Right-Of-Way. ......................................... 3-16 w) Needle and Syringe Exchange Services. ........................................................... 3-17 x) Other Specific Exemptions ............................................................................... 3-17 y) Categorical Exemptions .................................................................................... 3-17 z) Pipelines within a Public Right-of-Way and Less Than One Mile in Length. .............................................................................................................. 3-18 aa) Pipelines Less Than Eight Miles in Length. ..................................................... 3-19 bb) Certain Residential Housing Projects ............................................................... 3-21 cc) Minor Alterations to Fluoridate Water Utilities................................................ 3-28 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: 10
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TABLE OF CONTENTS
(continued)
Page
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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: 10
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(continued)
Page
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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........................................................................................... 6-12 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 .............................. 6-18 7) ENVIRONMENTAL IMPACT REPORT ..................................................................... 7-1 a) Decision to Prepare an EIR ................................................................................. 7-1 b) Preparation of a DEIR ......................................................................................... 7-3 c) Deposit for Private Projects ............................................................................... 7-4 d) Cooperation of Project Applicant ....................................................................... 7-4 e) Notice of Preparation of DEIR ........................................................................... 7-4 f) Special Notice Requirements for Affected Military Agencies ........................... 7-6 g) Preparation of DEIR ........................................................................................... 7-6 h) Consultation with California Native American Tribes. ...................................... 7-6 i) Identification of Tribal Cultural Resources and Processing of Information after Consultation with the California native American tribe ............................. 7-8 j) Significant Adverse Impacts to Tribal Cultural Resources ................................. 7-9 Item: 10
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TABLE OF CONTENTS
(continued)
Page
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k) Consultation with Other Agencies and Persons ................................................ 7-10 l) Early Consultation on Projects Involving Permit Issuance............................... 7-11 m) Consultation with Water Agencies Regarding Large Development Projects ... 7-12 n) General Aspects of an EIR ................................................................................ 7-12 o) Use of Registered Consultants in Preparing EIRs ............................................ 7-13 p) Incorporation by Reference............................................................................... 7-13 q) Standards for Adequacy of an EIR ................................................................... 7-13 r) Form and Content of EIR .................................................................................. 7-14 s) Consideration and Discussion of Significant Environmental Impacts ............. 7-15 t) Environmental Setting. ..................................................................................... 7-16 u) Analysis of Cumulative Impacts. ...................................................................... 7-17 v) Analysis of Mitigation Measures ...................................................................... 7-19 w) Analysis of Alternatives in an EIR ................................................................... 7-20 x) Analysis of Future Expansion ........................................................................... 7-23 y) Notice of Completion of DEIR; Notice of Availability of DEIR ..................... 7-23 z) Review of EIR By Other Persons ..................................................................... 7-26 aa) Submission of DEIR to State Clearinghouse .................................................... 7-26 bb) Time for Review of DEIR; Failure to Comment .............................................. 7-28 cc) Shortened Review period .................................................................................. 7-29 dd) Public Hearing on DEIR ................................................................................... 7-29 ee) Evaluation of and Response to Comments on DEIR ........................................ 7-30 ff) Preparation and Contents of Final EIR ............................................................. 7-31 gg) Recirculation When New Information Is Added to EIR ................................... 7-31 hh) Certification of Final EIR ................................................................................. 7-32 ii) Appeal of Certification of EIR .......................................................................... 7-33 jj) Consideration of EIR Before Approval or Disapproval of Project ................... 7-33 kk) Findings............................................................................................................. 7-33 ll) Statement of Overriding Considerations ........................................................... 7-35 mm) Mitigation Monitoring or Reporting Program for EIR ..................................... 7-35 nn) Notice of Determination ................................................................................... 7-37 oo) Disposition of a Final EIR ................................................................................ 7-39 Item: 10
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pp) Private Project Costs ......................................................................................... 7-39 qq) Filing Fees for Projects Which Affect Wildlife Resources .............................. 7-39 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) .......................................................... 10-21 c) Approval of Ordinance to Zone Any Parcel For Up to 10 Units of Residential Density Per Parcel in Certain Circumstances (SB 10) ................. 10-25 d) Housing Sustainability Districts. .................................................................... 10-26 e) Interim Motel Housing. ................................................................................... 10-27 f) Supportive Housing and “No Place Like Home” Projects.............................. 10-27 11) DEFINITIONS .............................................................................................................. 11-1
11.01 “Agricultural Employee” .................................................................................. 11-1 Item: 10
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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” (Environmental Impact Report) ............................................................. 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
11.31 “Jurisdiction by Law” ....................................................................................... 11-6
11.32 “Lead Agency”.................................................................................................. 11-6 Item: 10
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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
11.62 “Sustainable Communities Strategy” .............................................................. 11-12
11.63 “Tiering” ......................................................................................................... 11-12 Item: 10
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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: 10
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Local Guidelines for Implementing the
California Environmental Quality Act (2023) GENERAL PROVISIONS, PURPOSE AND POLICY 2023 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.
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Local Guidelines for Implementing the
California Environmental Quality Act (2023) GENERAL PROVISIONS, PURPOSE AND POLICY 2023 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 DEIR;
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California Environmental Quality Act (2023) GENERAL PROVISIONS, PURPOSE AND POLICY 2023 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;
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California Environmental Quality Act (2023) GENERAL PROVISIONS, PURPOSE AND POLICY 2023 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).
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 Item: 10
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California Environmental Quality Act (2023) GENERAL PROVISIONS, PURPOSE AND POLICY 2023 City of Lake Forest Guidelines 1-5 ©Best Best & Krieger LLP 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.
The 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 City’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 7922.570 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.
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Local Guidelines for Implementing the
California Environmental Quality Act (2023) LEAD AND RESPONSIBLE AGENCIES 2023 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.)
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Local Guidelines for Implementing the
California Environmental Quality Act (2023) LEAD AND RESPONSIBLE AGENCIES 2023 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)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 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: 10
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California Environmental Quality Act (2023) LEAD AND RESPONSIBLE AGENCIES 2023 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.)
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Local Guidelines for Implementing the
California Environmental Quality Act (2023) LEAD AND RESPONSIBLE AGENCIES 2023 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.
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California Environmental Quality Act (2023) LEAD AND RESPONSIBLE AGENCIES 2023 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.)
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California Environmental Quality Act (2023) LEAD AND RESPONSIBLE AGENCIES 2023 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.
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 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.
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.)
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 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.)
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-3 ©Best Best & Krieger LLP e) NOTICE OF EXEMPTION
After City approval of an exempt project, a “Notice of Exemption” (Form “A”) 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 County 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 County Clerk Memo to determine if such a fee will be required for the project.
The Notice of Exemption must, 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.
The Notice of Exemption 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. (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, 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. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply.
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-4 ©Best Best & Krieger LLP 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
CEQA does not apply to projects which the City rejects or disapproves. 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 its obligation to pay the costs incurred to prepare the EIR, Negative Declaration, 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).)
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 Item: 10
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-5 ©Best Best & Krieger LLP 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.
(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 Item: 10
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-6 ©Best Best & Krieger LLP 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).)
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 Item: 10
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-7 ©Best Best & Krieger LLP 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 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.
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-8 ©Best Best & Krieger LLP (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.
(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:
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-9 ©Best Best & Krieger LLP (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, 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 Item: 10
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-10 ©Best Best & Krieger LLP 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) TRANSIT PRIORITIZATION PROJECTS.
CEQA exempts the following projects when (i) the project is carried out by a local agency that is the lead agency for the project; (ii) the project does not induce single-occupancy vehicle trips, add additional highway lanes, widen highways, or add physical infrastructure or striping to highways except for minor modifications needed for efficient and safe movement of transit vehicles, bicycles, or high-occupancy vehicles, such as extended merging lanes, shoulder improvements, or improvements to the roadway within the existing right of way; (iii) the project does not include the addition of any auxiliary lanes; and (iv) 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—that improve safety, access, or mobility, including new facilities, within the public right-of-way;
(2) Projects that improve customer information and wayfinding for transit riders, bicyclists, or pedestrians within the public right-of-way; (3) Transit prioritization projects, which are defined to mean any of the following transit project types on highways or in the public right-of-way:
(a) Signal and sign changes, such as signal coordination, signal timing modifications, signal modifications, or the installation of traffic signs or new signals;
(b) The installation of wayside technology and onboard technology; (c) The installation of ramp meters;
(d) The conversion to dedicated transit lanes, including transit queue jump or bypass lanes, shared turning lanes and turn restrictions, the narrowing of lanes to allow for dedicated transit lanes or transit reliability improvements, or the widening of existing transit travel lanes by removing or restricting street parking; and
(e) Transit stop access and safety improvements, including, but not limited to, the installation of transit bulbs and the installation of transit boarding islands.
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-11 ©Best Best & Krieger LLP (4) A project for the designation and conversion of general purpose lanes to high- occupancy vehicle lanes or bus-only lanes, or highway shoulders to part-time transit lanes, for use either during peak congestion hours or all day on highways with existing public transit service or where a public transit agency will be implementing public transit service as identified in a short range transit plan. (5) A project for the institution or increase of bus rapid transit, bus, or light rail service, including the construction or rehabilitation of stations, terminals, or existing operations facilities, which will be exclusively used by zero-emission, near-zero emission, low oxide of nitrogen engine, compressed natural gas fuel, fuel cell, or hybrid powertrain buses or light rail vehicles, 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. The project shall be located on a site that is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(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.
A lead agency applying an exemption pursuant to this paragraph for hydrogen refueling infrastructure or facilities necessary to refuel or maintain zero-emission public transit buses, trains, or ferries shall hold a noticed public hearing and give notice of the meeting consistent with Public Resources Code section 21080.25(b)(6)(B).
(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 planning decision carried out by a local agency to reduce or eliminate minimum parking requirements or institute parking maximums, remove or restrict parking, or implement transportation demand management requirements or programs.
Additional conditions apply to a project otherwise exempt under this section if the project exceeds fifty million dollars ($50,000,000), as set forth in Public Resources Code section 21080.25(d)-(e).
Moreover, a project exempt under this section may be subject to certain labor requirements, including that the project be completed by a skilled and trained workforce, as set forth in Public Resources Code section 21080.25(f).
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-12 ©Best Best & Krieger LLP 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, 2030, and as of that date it will be repealed.
(Reference: Pub. Resources Code, § 21080.25.)
r) TRANSPORTATION PLANS, PEDESTRIAN PLANS, AND BICYCLE TRANSPORTATION PLANS.
CEQA does not apply to an active transportation plan, a pedestrian plan, or a bicycle transportation plan for 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. An active transportation plan or pedestrian plan is encouraged to include the consideration of environmental factors, but that consideration does not inhibit or preclude the application of this section.
An individual project that is part of an active transportation plan or pedestrian plan remains subject to CEQA unless another exemption applies to that project.
Before determining that a project is exempt pursuant to this section, the Lead Agency must hold noticed public hearings in areas affected by the project 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.
If the District determines that a project is not subject to CEQA pursuant to this section and approves that project, the District 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.
For purposes of this section, the following definitions apply:
(1) “Active transportation plan” means a plan developed by a local jurisdiction that promotes and encourages people to choose walking, bicycling, or rolling through the creation of safe, comfortable, connected, and accessible walking, bicycling, or rolling networks, and encourages alternatives to single-occupancy vehicle trips. (2) “Pedestrian plan” means a plan developed by a local jurisdiction that establishes a comprehensive, coordinated approach to improving pedestrian infrastructure and safety.
This exemption shall remain in effect only until January 1, 2030, and as of that date it will be repealed. (Reference: Pub. Resources Code, § 21080.20.) Item: 10
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-13 ©Best Best & Krieger LLP s) WATER SYSTEM WELLS AND DOMESTIC WELL PROJECTS.
CEQA does not apply to the construction, maintenance, repair, or replacement of a well or a domestic well that meets all of the following conditions:
(1) The domestic well or water system to which the well is connected has been designated by the State Water Resources Control Board (“State Board”) as high risk or medium risk in the State Board’s drinking water needs assessment; (2) The well project is designed to mitigate or prevent a failure of the well or the domestic well that would leave residents that rely on the well, the water system to which the well is connected, or the domestic well without an adequate supply of safe drinking water;
(3) The lead agency determines all of the following:
(a) The well project is not designed primarily to serve irrigation or future growth.
(b) The well project does not affect wetlands or sensitive habitats. (c) Unusual circumstances do not exist that would cause the well project to have a significant effect on the environment.
(d) The well project is not located on a site that is included on any list compiled pursuant to Section 65962.5 of the Government Code.
(e) The well project does not have the potential to cause a substantial adverse change in the significance of a historical resource.
(f) The well project’s construction impacts are fully mitigated consistent with applicable law.
(g) The cumulative impact of successive reasonably anticipated projects of the same type as the well project, in the same place, over time, is not significant.
Before determining that a well project is exempt pursuant to this section, a lead agency must contact the State Board to determine whether claiming the exemption under this section will affect the ability of the well project to receive federal financial assistance or federally capitalized financial assistance.
A lead agency that determines that a well project is exempt under this section must file a notice of exemption with both OPR and the County Clerk. The notice of exemption must explain whether the project is additionally exempt from CEQA under Public Resources Code section 21080 (e.g., whether it is a ministerial project, an emergency repair necessary to maintain service, or an action necessary to prevent or mitigate an emergency), Public Resources Code section 21080.47 (see Section 3.23 of these Local Guidelines, below), or under the Class 1 (Existing Facilities) or Class 2 (Replacement or Reconstruction) categorical exemptions (see Section 3.28 Item: 10
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-14 ©Best Best & Krieger LLP of these Local Guidelines, below). If none of the exemptions referenced in this paragraph apply to a project that is otherwise exempt under this section, the notice of exemption must explain why the exemptions referenced in this paragraph do not apply to the project.
For purposes of this section, the following definitions apply:
A “well” is defined as a wellhead that provides drinking water to a “water system.” A “domestic well” is defined as a groundwater well used to supply water for the domestic needs of an individual residence or a water system that is not a public water system and that has no more than four service connections.
A “water system” is defined to mean a “public water system” as that term is defined in Health and Safety Code section 116275(h) (i.e., a system for the provision of water for human consumption through pipes or other constructed conveyances that has 15 or more service connections or regularly serves at least 25 individuals daily at least 60 days out of the year), a “state small water system” as that term is defined in Health and Safety Code section 116275(n) (i.e., a system for the provision of piped water to the public for human consumption that serves at least five, but not more than 14, service connections and does not regularly serve drinking water to more than an average of 25 individuals daily for more than 60 days out of the year), or a tribal water system.
(Pub. Resources Code, § 21080.31 [in effect until January 1, 2028].) 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;
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-15 ©Best Best & Krieger LLP (6) Water services lines; and
(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.)
u) 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: 10
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-16 ©Best Best & Krieger LLP v) 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.
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-17 ©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.)
w) 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).) x) 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. y) 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: 10
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-18 ©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.
z) 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:
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-19 ©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.)
aa) 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:
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-20 ©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.
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-21 ©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.)
bb) 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;
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-22 ©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;
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-23 ©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
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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.)
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-25 ©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
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California Environmental Quality Act (2023) ACTIVITIES EXEMPT FROM CEQA 2023 City of Lake Forest Guidelines 3-26 ©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
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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
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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.)
cc) 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).)
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California Environmental Quality Act (2023) TIME LIMITATIONS 2023 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.)
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California Environmental Quality Act (2023) TIME LIMITATIONS 2023 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:
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California Environmental Quality Act (2023) TIME LIMITATIONS 2023 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: 10
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California Environmental Quality Act (2023) INITIAL STUDY 2023 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.
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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.)
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California Environmental Quality Act (2023) INITIAL STUDY 2023 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.
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California Environmental Quality Act (2023) INITIAL STUDY 2023 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: 10
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California Environmental Quality Act (2023) INITIAL STUDY 2023 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
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(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: 10
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(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: 10
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California Environmental Quality Act (2023) INITIAL STUDY 2023 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: 10
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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: 10
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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.
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California Environmental Quality Act (2023) INITIAL STUDY 2023 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.
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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:
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California Environmental Quality Act (2023) INITIAL STUDY 2023 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.
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California Environmental Quality Act (2023) INITIAL STUDY 2023 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: 10
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California Environmental Quality Act (2023) INITIAL STUDY 2023 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: 10
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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;
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California Environmental Quality Act (2023) INITIAL STUDY 2023 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: 10
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California Environmental Quality Act (2023) INITIAL STUDY 2023 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: 10
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California Environmental Quality Act (2023) INITIAL STUDY 2023 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.)
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 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: 10
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 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 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 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 area wide significance, the City, Item: 10
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-3 ©Best Best & Krieger LLP 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 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 review by state agencies, the public review period shall be at least as long as the period of review and 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 Negative Declaration or Mitigated Negative Declaration to state 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;
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).
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-4 ©Best Best & Krieger LLP (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 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
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-5 ©Best Best & Krieger LLP (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 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.
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-6 ©Best Best & Krieger LLP 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 Government Code section 7927.005 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 Negative Declaration or Mitigated Negative Declaration 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 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.
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-7 ©Best Best & Krieger LLP 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.
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 Mitigated Negative Declaration, 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.)
h) 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 and as set forth in Local Guidelines Section 6)f), 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.
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-8 ©Best Best & Krieger LLP (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 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.
Notice shall be provided as stated in Guidelines Section 6d). In addition, Notice of 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.) Item: 10
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-9 ©Best Best & Krieger LLP 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 review 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.
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) 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.
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-10 ©Best Best & Krieger LLP (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 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 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.
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 area 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”) Item: 10
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-11 ©Best Best & Krieger LLP 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:
(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.)
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-12 ©Best Best & Krieger LLP 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 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 Item: 10
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-13 ©Best Best & Krieger LLP 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:
(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.
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-14 ©Best Best & Krieger LLP 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 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.
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.
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-15 ©Best Best & Krieger LLP 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.
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.
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-16 ©Best Best & Krieger LLP (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, §§ 15074, 15097.)
q) NOTICE OF DETERMINATION ON A PROJECT FOR WHICH A PROPOSED NEGATIVE
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; (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.
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-17 ©Best Best & Krieger LLP 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.
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.
The City must also post the Notice of Determination on its website. Such electronic notice 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.
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-18 ©Best Best & Krieger LLP 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 $2,764.00, 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 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.
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California Environmental Quality Act (2023) NEGATIVE DECLARATION 2023 City of Lake Forest Guidelines 6-19 ©Best Best & Krieger LLP • 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.
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.
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California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 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. 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
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 Item: 10
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California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Lake Forest Guidelines 7-2 ©Best Best & Krieger LLP 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 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, Item: 10
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California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Lake Forest Guidelines 7-3 ©Best Best & Krieger LLP 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- 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.
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California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Lake Forest Guidelines 7-4 ©Best Best & Krieger LLP 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, 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 submitted 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;
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California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Lake Forest Guidelines 7-5 ©Best Best & Krieger LLP (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.
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 in 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.
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;
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California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Lake Forest Guidelines 7-6 ©Best Best & Krieger LLP (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. (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
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California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Lake Forest Guidelines 7-7 ©Best Best & Krieger LLP (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.
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 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: State CEQA Guidelines, §§ 21080.3.1, 21080.3.2.) Item: 10
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California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Lake Forest Guidelines 7-8 ©Best Best & Krieger LLP 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 public agency to the public, consistent with Government Code section 7927.005 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:
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California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Lake Forest Guidelines 7-9 ©Best Best & Krieger LLP (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.) 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.)
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California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Lake Forest Guidelines 7-10 ©Best Best & Krieger LLP 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 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 area 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;
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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.
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 Item: 10
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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.)
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 7920.000, 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.
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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 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.)
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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.)
(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:
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(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 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 Item: 10
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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, 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 Item: 10
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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 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;
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(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.
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.
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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.)
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.
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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.
(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.
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California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Lake Forest Guidelines 7-21 ©Best Best & Krieger LLP 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 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.
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California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT 2023 City of Lake Forest Guidelines 7-22 ©Best Best & Krieger LLP 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.
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.
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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 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 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:
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(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; (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).).
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(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.
Notice 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 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 Item: 10
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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.
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 Item: 10
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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; (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.
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(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.
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. If 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 as 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 for 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.) 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 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).
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A shortened review period may be requested as provided in Local Guidelines Section 7)cc).
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 15206. Any approval of a shortened review period shall be given prior to, and reflected in, the public notices.
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.
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 15206. Any approval of a shortened review period shall be given prior to, and reflected in, the public notices.
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 Item: 10
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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.
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 Item: 10
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(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
(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.
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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 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.)
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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 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.
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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 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, Item: 10
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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).)
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 Item: 10
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(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.
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 Item: 10
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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 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.
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.)
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:
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(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 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 Item: 10
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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.
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. 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 $3,839.25, 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 Item: 10
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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.
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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: 10
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2023 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.
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. (Reference: State CEQA Guidelines, §§ 15161, 15180.)
d) SUBSEQUENT EIR
A Subsequent EIR is required when a previous EIR has been prepared and certified or a Negative Declaration has been adopted for a project and at least one of the three following situations occur:
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2023 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.)
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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
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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: 10
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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 Item: 10
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(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:
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2023 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: 10
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California Environmental Quality Act (2023) CEQA LITIGATION 2023 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;
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California Environmental Quality Act (2023) CEQA LITIGATION 2023 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: 10
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California Environmental Quality Act (2023) CEQA LITIGATION 2023 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), or 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 2021.” For example, the administrative record must be finished and certified within five (5) days of project approval. See Public Item: 10
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California Environmental Quality Act (2023) CEQA LITIGATION 2023 City of Lake Forest Guidelines 9-4 ©Best Best & Krieger LLP 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.
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 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 or any other non-legislative discretionary approval 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)(1) A site that meets the requirements of clause (2) and satisfies any of the following:
(I) The site is zoned for residential use or residential mixed-use development.
(II) The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.
(III) The site is zoned for office or retail commercial use and meets the requirements of Gov. Code section 65852.24.
(2) At least two-thirds of the square footage of the development designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Government Code section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-2 ©Best Best & Krieger LLP (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 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, before calculating any density bonus, 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, before calculating any density bonus, 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 Item: 10
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-3 ©Best Best & Krieger LLP 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 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. (C) A project that satisfies the requirements of Government Code section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Government Code section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel. For purposes of this subdivision, “residential hotel” shall have the same meaning as defined in Section 50519 of the Health and Safety Code. (vi) The development is not located on a site that is any of the following:
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-4 ©Best Best & Krieger LLP (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.
(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 either of the following apply:
(i) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Government Code section 65962.5; or
(ii) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-5 ©Best Best & Krieger LLP (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:
(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.
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-6 ©Best Best & Krieger LLP (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 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.
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-7 ©Best Best & Krieger LLP (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:
(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.
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-8 ©Best Best & Krieger LLP (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 Act (Government Code section 7920.000, et seq.) 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 Item: 10
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-9 ©Best Best & Krieger LLP 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). (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 Item: 10
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-10 ©Best Best & Krieger LLP 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 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 Item: 10
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-11 ©Best Best & Krieger LLP 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 sections 7927.000 and 7927.005; 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.
(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 Item: 10
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-12 ©Best Best & Krieger LLP 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:
(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.
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-13 ©Best Best & Krieger LLP (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.
(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.
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-14 ©Best Best & Krieger LLP (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 consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (iii) of this subdivision, it shall approve the development. 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 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:
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-15 ©Best Best & Krieger LLP (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).
(iii) For purposes of this section, a development is consistent with the objective planning standards specified in subdivision (a) if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. The local government shall not determine that a development, including an application for a modification under subdivision (g), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (d) (i) 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, and if the development is consistent with all objective standards, the local government shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(A) 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.
(B) 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.
(ii) If the development is consistent with the requirements of subparagraph (A) or (B) of paragraph (ix) of subdivision (a) and is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Government Code section 66410)) shall be Item: 10
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-16 ©Best Best & Krieger LLP exempt from the requirements of CEQA and shall be subject to the public oversight timelines set forth in paragraph (i).
(iii) If a local government determines that a development submitted pursuant to this section is in conflict with any of the standards imposed pursuant to paragraph (i), it shall provide the development proponent written documentation of which objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the timelines described in paragraph (i) of subdivision (c).
(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.
(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.
(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 satisfy 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. 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 Item: 10
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-17 ©Best Best & Krieger LLP 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.
(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 the development proponent requests a modification pursuant to subdivision (g), then the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent
(g) (i)(A) A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process provided in subdivision (b) if that request is submitted to the local government before the issuance of the final building permit required for construction of the development.
(i)(B) Except as provided in paragraph (g)(iiii), the local government shall approve a modification if it determines that the modification is consistent with the objective planning standards specified in subdivision (a) that were in effect when the original development application was first submitted.
(i)(C) The local government shall evaluate any modifications requested pursuant to this subdivision for consistency with the objective planning standards using the same assumptions and analytical methodology that the local government originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (b).
(i)(D) A guideline that is adopted or amended by the Department of Housing and Community Development after a development is approved through the streamlined, ministerial Item: 10
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-18 ©Best Best & Krieger LLP approval process described in subdivision (b) shall not be used as a basis to deny proposed modifications.
(ii) Upon receipt of the development proponent’s application requesting a modification, the local government shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required. (iii) Notwithstanding paragraph (g)(i), the local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the following instances:
(A) The development is revised such that the total number of residential units or total square footage of construction changes by 15 percent or more. The calculation of the square footage of construction changes shall not include underground space.
(B) The development is revised such that the total number of residential units or total square footage of construction changes by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Government Code section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.
The calculation of the square footage of construction changes shall not include underground space.
(C) Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after first building permit application if agreed to by the development proponent.
(iv) The local government’s review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the development’s consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification. (h) (i) A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project Item: 10
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-19 ©Best Best & Krieger LLP solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(ii) A local government shall issue a subsequent permit required for a development approved under this section if the application substantially complies with the development as it was approved pursuant to subdivision (b). Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved pursuant to this section. The local government shall consider the application for subsequent permits based upon the objective standards specified in any state or local laws that were in effect when the original development application was submitted, unless the development proponent agrees to a change in objective standards. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this paragraph, a “subsequent permit” means a permit required subsequent to receiving approval under subdivision (b), and includes, but is not limited to, demolition, grading, and building permits and final maps, if necessary. (i) (i) This section shall not affect a development proponent’s ability to use any alternative streamlined by right permit processing adopted by a local government, including the provisions of Government Code section 65583.2(i). (ii) This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Government Code section 65589.5. This paragraph does not constitute a change in, but is declaratory of, existing law.
(j) CEQA does not apply to actions taken by a state agency, local government, or the San Francisco Bay Area Rapid Transit District to:
(i) Lease, convey, or encumber land owned by the local government or the San Francisco Bay Area Rapid Transit District or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or for the lease of land owned by the San Francisco Bay Area Rapid Transit District in association with an eligible TOD project, as defined pursuant to Section 29010.1 of the Public Utilities Code, nor to any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code. (ii) Approve improvements located on land owned by the local government or the San Francisco Bay Area Rapid Transit District that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-20 ©Best Best & Krieger LLP (k) For purposes of this section the following definitions shall apply:
(1)“Affordable housing cost” has the same meaning as set forth in section 50052.5 of the Health and Safety Code.
(2) (A) Subject to the qualification provided by subparagraph (B), “affordable rent” has the same meaning as set forth in Section 50063 of the Health and Safety Code.
(B) For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 50 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (k)(1), and “affordable rent” for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low- income housing tax credits from the California Tax Credit Allocation Committee.
(3) “Department” means the Department of Housing and Community Development.
(4) “Development proponent” means the developer who submits an application for streamlined approval pursuant to this section.
(5) “Completed entitlements” means a housing development which has received all the required land use approvals or entitlements necessary for the issuance of a building permit.
(6) “Locality” or “local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(7) “Moderate income housing units” means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (8) “Production report” means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Government Code section 65400.
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-21 ©Best Best & Krieger LLP (9) “State agency” includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.
(10) “Subsidized” means units that are price or rent restricted such that the units are permanently affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code.
(11) “Reporting period” means either of the following:
(A) The first half of the regional housing needs assessment cycle. (B) The last half of the regional housing needs assessment cycle. (12) “Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
(l) The determination of whether an application for a development is subject to the streamlined ministerial approval process provided by subdivision (b) is not a “project” under CEQA.
(m) This section shall remain in effect until January 1, 2026. (Reference: Gov. Code, § 65913.4.)
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)
(i) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, and shall therefore not be subject to CEQA, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which 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 wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel is not located on a site that is any of the following:
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-22 ©Best Best & Krieger LLP (a) 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;
(b) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993);
(c) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code 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—unless the parcel is a site excluded from the specified hazard zone by a local agency, or is a site that has adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development;
(d) 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 State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses;
(e) 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, and by any local building department;
(f) Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency;
(g) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the
development has received a no-rise certification;
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-23 ©Best Best & Krieger LLP (h) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act of 1973, or other adopted natural resources protection plan;
(i) 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, the California Endangered Species Act, or the Native Plant Protection Act; or lands under conservation easement; or (j) Lands under conservation easement.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(a) 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;
(b) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power;
(c) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(a) If a local ordinance so allows; or
(b) The site has not been occupied by a tenant in the last three years (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
Other regulations governing the approval of a housing development under this section are set forth in Government Code section 65852.21(a).
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-24 ©Best Best & Krieger LLP (ii) Notwithstanding any other provision of local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split—and such urban lot split shall therefore not be subject to CEQA—only if the local agency determines that the parcel map for the urban lot split meets all of the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) Both newly created parcels are no smaller than 1,200 square feet, except that a local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval.
(3) The parcel being subdivided meets all of the following requirements:
(a) The parcel is located within a single-family residential zone. (b) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which 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 wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(c) The parcel is not located on a site enumerated in Paragraph (a)(2) above.
(d) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) 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.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights to withdraw
accommodations from rent or lease within 15 years before the date that the development proponent submits an
application.
(iv) Housing that has been occupied by a tenant in the last three years.
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-25 ©Best Best & Krieger LLP (e) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(f) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(g) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
Other regulations governing the approval of an urban lot split under this section are set forth in Government Code section 65852.21(b).
c) APPROVAL OF ORDINANCE TO ZONE ANY PARCEL FOR UP TO 10 UNITS OF RESIDENTIAL DENSITY PER PARCEL IN CERTAIN CIRCUMSTANCES (SB 10) i) A local government may adopt an ordinance to zone a parcel for up to 10 units of residential density per parcel, at a height specified by the local government in the ordinance, if the parcel is located in a transit-rich area or an urban infill site. This subsection shall not apply to either of the following:
(1) Parcels located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code 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 paragraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(2) Any local restriction enacted or approved by a local initiative that designates publicly owned land as open-space land, as defined in subdivision (h) of Section 65560, or for park or recreational purposes.
ii) An ordinance adopted in accordance with this section, and any resolution to amend the jurisdiction’s General Plan, ordinance, or other local regulation adopted to be consistent with that zoning ordinance, shall not constitute a “project” under CEQA. iii) Notwithstanding any other law that allows ministerial or by right approval of a development project or that grants an exemption from CEQA, a residential or mixed-use residential project consisting of more than 10 new residential units on one or more parcels that are zoned pursuant to an ordinance adopted under this section shall not be approved ministerially or by right and shall not be exempt from CEQA. This subdivision, however, shall not apply to a project located on a parcel or parcels that are zoned pursuant to an ordinance adopted under this Item: 10
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-26 ©Best Best & Krieger LLP section, but subsequently rezoned without regard to this section. A subsequent ordinance adopted to rezone the parcel or parcels shall not be exempt from CEQA. Any environmental review conducted to adopt the subsequent ordinance shall consider the change in the zoning applicable to the parcel or parcels before they were zoned or rezoned pursuant to the ordinance adopted under this section.
Other regulations governing the approval of an ordinance under this section are set forth in Government Code section 65913.5.
d) HOUSING SUSTAINABILITY DISTRICTS.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries. The general plan must contain seven mandatory elements, including a housing element. Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. Senate Bill 73 authorizes a city, county, or city and county, including a charter agency to establish by ordinance a housing sustainability district that meets specified requirements, including authorizing residential use within the district through the ministerial issuance of a permit. The agency is authorized to apply to the Department of Housing and Community Development for approval of a zoning incentive payment and requires the agency to provide specified information about the proposed housing sustainability district ordinance. The department is required to approve a zoning incentive payment if the ordinance meets the above-described requirements and the agency’s housing element is in compliance with specified law.
A city, county, or city and county with a housing sustainability district would be entitled to a zoning incentive payment, subject to appropriation of funds for that purpose, and require that 1/2 the amount be paid when the department approves the zone and 1/2 the amount paid when the department verifies that permits for the construction of the units have issued within the zone, provided that the city, county, or city and county has received a certificate of compliance for the applicable year. If the agency reduces the density of sites within the district from specified levels set forth in the Senate Bill 73, the agency would be required to return the full amount of zoning incentive payments it has received to the department. The bill also authorizes a developer to develop a project in a housing sustainability district in accordance with the already existing land use approval procedures that would otherwise apply to the parcel in the absence of the establishment of the housing sustainability district pursuant to its provisions, as provided.
As it relates specifically to CEQA, a lead agency designating a housing sustainability districts, is required to prepare an EIR pursuant to Government Code section 66201 to identify and mitigate, to the extent feasible, environmental impacts resulting from the designation. The EIR shall identify mitigation measures that may be undertaken by housing projects in the housing sustainability district to mitigate the environmental impacts identified in the EIR. Housing projects undertaken in the housing sustainability districts that meet specified requirements, including if the project satisfies certain design review standards applicable to development projects within the district provided the project is “complementary to adjacent buildings and structures and is consistent with the [agency’s] general plan” are exempt under CEQA. (Reference: Pub. Resources Code, § 21155.10, 21155.11.) Item: 10
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“Interim motel housing projects” are statutorily exempt from CEQA. A project is exempt from CEQA as an “interim motel housing project” where the project consists of the conversion of a structure with a certificate of occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional housing and the conversion meets at least one of the following conditions: (1) the conversion does not result in the expansion of more than 10 percent of the floor area of any individual living unit in the structure; and (2) the conversion does not result in any significant effects relating to traffic, noise, air quality, or water quality.
If the City determines that a project is exempt from CEQA as an interim motel housing project, it must file a Notice of Exemption with the State Clearinghouse. (Reference: Pub. Resources Code, § 21080.50 [in effect until January 1, 2025].) f) SUPPORTIVE HOUSING AND “NO PLACE LIKE HOME”PROJECTS.
A decision by the City to seek funding from, or the Department of Housing and Community Development’s awarding of funds pursuant to, the “No Place Like Home Program” (set forth in Part 3.9 of Division 5 of the Welfare and Institutions Code, commencing with Section 5849.1) does not constitute a “project” under CEQA.
“Supportive housing” in areas where multifamily and mixed uses are permitted may be a “use by right” and thus exempt from CEQA if the supportive housing project meets certain criteria set forth in Government Code section 65651. A “supportive housing” project is a project that provides housing with no limit on length of stay, that is occupied by persons within the target population—i.e., persons with disabilities, families who are homeless, or homeless youth—and that is linked to onsite or offsite services that assist the supportive housing resident to retain housing, improve their health status, and maximize their ability to live and, when possible, work in the community. A policy by a city or county to approve as a use by right proposed housing developments with a limit higher than 50 units does not constitute a “project” under CEQA. To see the requirements of the exemptions relating to supportive housing, please see Government Code section 65651.
If a No Place Like Home project is not exempt from CEQA under Government Code section 65651, the development applicant may request, within 10 days after the City determines the type of environmental documentation required for the project under CEQA, that the City prepare and certify the record of proceeding for the environmental review of the No Place Like Home project in accordance with Public Resources Code section 21186.
If the City approves or determines to carry out a No Place Like Home project that is subject to CEQA, the City shall file a notice of that approval or determination in accordance with the requirements of Public Resources Code section 21151, subdivision (a), except that the Notice of Determination shall be filed within two working days after the approval or determination becomes final. Likewise, if the City approves or determines to carry out a No Place Like Home project that is not subject to CEQA, the City shall file a Notice of Exemption in accordance with the requirements of Public Resources Code section 21152, subdivision (b), except that the Notice of Item: 10
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(Reference: Pub. Resources Code, § 21163, et seq.; Gov. Code, § 65651; Health & Safety Code, § 50675.14.)
g) SHELTER CRISIS AND EMERGENCY HOUSING.
An action taken by the County of Orange or any city located within the County of Orange to lease, convey, or encumber land owned by the city or county—or an action to facilitate the lease, conveyance, or encumbrance of land owned by the local government—for, or to provide financial assistance to, a homeless shelter constructed pursuant to the provisions of Government Code section 8698.4 is statutorily exempt from CEQA. To see all the requirements of this exemption, please see Government Code section 8698.4.
(Reference: Gov. Code, § 8698.4 [in effect until January 1, 2026].) h) AFFORDABLE HOUSING DEVELOPMENTS IN COMMERCIAL ZONES.
A proposed affordable multifamily housing development project is subject to streamlined, ministerial review and is not subject to CEQA if it meets the following requirements:
1. One hundred percent of the units within the development project, excluding managers’ units, must be dedicated to lower income households at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. The units must be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
2. The proposed development must meet applicable objective zoning standards, objective subdivision standards, and objective design review standards as further defined in Government Code section 65912.113(f) & (g).
3. The proposed housing development must meet certain density requirements set forth in Government Code section 65583.2(c)(3).
4. The project must be located in a zone where office, retail, or parking are a principally permitted use.
5. At least 75 percent of the perimeter of the project site must adjoin parcels that are developed with urban uses. Parcels that are only separated by a street or highway shall be considered adjoined.
6. The project may not be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
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7. The project site must be located on a legal parcel or parcels that are either (a) in a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau; or (b) in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
8. None of the proposed housing may be located within 500 feet of a freeway.
9. None of the proposed housing may be located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.
10. The project may not be located on a site that qualifies as either prime farmland or farmland of statewide importance.
11. The project site may not be located in wetlands.
12. The project site may not be located in a very high fire hazard severity zone.
13. The project site may not be located on a hazardous waste site, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(E).
14. The project site may not be located within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards as set forth in Government Code section 65913.4(a)(6)(F).
15. The project may not be located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (“FEMA”).
16. The project site may not be located within a regulatory floodway as determined by FEMA, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(H).
17. The project site may not be located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act, or other adopted natural resource protection plan.
18. The project site may not be located on 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, the California Endangered Species Act, or the Native Plant Protection Act.
19. The project site may not be located on lands under conservation easement.
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20. The project site may not be located on an existing parcel of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.
21. For a project proposed on a site within a neighborhood plan area, the applicable neighborhood plan must permit multifamily housing development on the site.
Additional requirements apply to projects within a neighborhood plan area as of January 1, 2024, as set forth in Government Code section 65912.113(i).
22. For a project proposed on a vacant site, the project may not result in significant and unavoidable impacts to tribal cultural resources on the site.
23. The development proponent must complete a Phase I Environmental Site Assessment, and the proponent must undertake additional measures if a recognized environmental condition is found as set forth in Government Code section 65912.113(c).
A project approved under this section must meet certain labor standards, as set forth in Government Code section 65912.130, et seq. For example, a private housing development project under this section is subject to a requirement that all construction workers employed in the execution of the development 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. (Reference: Gov. Code, § 65912.110, et seq.)
i) MIXED-INCOME HOUSING DEVELOPMENTS ALONG COMMERCIAL CORRIDORS.
A proposed multifamily housing development project is subject to streamlined, ministerial review and is not subject to CEQA if it meets the following requirements:
1. The proposed development project must meet all of the following affordability criteria, as set forth in greater detail in Government Code section 65912.122:
(a)(1) A rental housing development shall include either of the following:
(A) Eight percent of the units for very low income households and 5 percent of the units for extremely low income households; or (B) Fifteen percent of the units for lower income households. (2) The development proponent must agree to, and the local government must ensure, the continued affordability of all affordable rental units included pursuant to this section for 55 years.
(b)(1) An owner-occupied housing development shall include either of the following:
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California Environmental Quality Act (2023) AFFORDABLE HOUSING 2023 City of Lake Forest Guidelines 10-31 ©Best Best & Krieger LLP (A) Thirty percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to moderate-income households; or
(B) Fifteen percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lower income households.
(2) The development proponent must agree to, and the local government must ensure, the continued affordability of all affordable rental units included pursuant to this section for 45 years.
(c) If the local government has a local affordable housing requirement, the housing development project shall comply with all of the following:
(1) The development project shall include the percentage of affordable units required by this section or the local requirement, whichever is higher.
(2) The development project shall meet the lowest income targeting in either policy.
(3) If the local affordable housing requirement requires greater than 15 percent of the units to be dedicated for lower income households and does not require the inclusion of units affordable to very low and extremely low income households, then the rental housing development shall do both of the following:
(A) Include 8 percent of the units for very low income
households and 5 percent of the units for extremely low income households; and
(B) Fifteen percent of units affordable to lower income households shall be subtracted from the percentage of units required by the local policy at the highest required
affordability level.
(d) Affordable units in the development project shall have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes.
2. The project site must abut a commercial corridor and have frontage along the commercial corridor of at least 50 feet.
3. The project site may not be greater than 20 acres.
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4. The project must be located in a zone where office, retail, or parking are a principally permitted use.
5. At least 75 percent of the perimeter of the project site must adjoin parcels that are developed with urban uses. Parcels that are only separated by a street or highway shall be considered adjoined.
6. The project may not be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
7. The project site must be located on a legal parcel or parcels that are either (a) in a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau; or (b) in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
8. The proposed development must meet applicable objective zoning standards, objective subdivision standards, and objective design review standards as further explained in Government Code section 65912.123(j).
9. The proposed housing development must meet certain density requirements set forth in Government Code section 65912.123(b).
10. The proposed housing development must meet certain height and setback requirements set forth in Government Code section 65912.123(c)-(d).
11. The project may not be located on a site where any of the following would apply:
(a) The development would require the demolition of the following types of housing: (i) 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; (ii) housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; (iii) or housing that has been occupied by tenants within the past 10 years, excluding any manager’s units.
(b) The site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within 10 years before the development proponent submitted its application for the development.
(c) The site would require the demolition of a historic structure that was placed on a national, state, or local historic register.
(d) The property contains one to four dwelling units.
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(f) The existing parcel of land or site is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act
12. None of the proposed housing may be located within 500 feet of a freeway.
13. None of the proposed housing may be located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.
14. The project may not be located on a site that qualifies as either prime farmland or farmland of statewide importance.
15. The project site may not be located in wetlands.
16. The project site may not be located in a very high fire hazard severity zone.
17. The project site may not be located on a hazardous waste site, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(E).
18. The project site may not be located within a delineated earthquake fault zone, unless the development complies with applicable seismic protection building code standards as set forth in Government Code section 65913.4(a)(6)(F).
19. The project may not be located within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency (“FEMA”).
20. The project site may not be located within a regulatory floodway as determined by FEMA, with limited exceptions as set forth in Government Code section 65913.4(a)(6)(H).
21. The project site may not be located on lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Species Act, or other adopted natural resource protection plan.
22. The project site may not be located on 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, the California Endangered Species Act, or the Native Plant Protection Act.
23. The project site may not be located on lands under conservation easement.
24. For a project proposed on a site within a neighborhood plan area, the applicable neighborhood plan must permit multifamily housing development on the site.
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25. For a project proposed on a vacant site, the project may not result in significant and unavoidable impacts to tribal cultural resources on the site.
26. The development proponent must complete a Phase I Environmental Site Assessment, and the proponent must undertake additional measures if a recognized environmental condition is found as set forth in Government Code section 65912.123(f).
A project approved under this section must meet certain labor standards, as set forth in Government Code section 65912.130, et seq. For example, a private housing development project under this section is subject to a requirement that all construction workers employed in the execution of the development 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. (Reference: Gov. Code, § 65912.120, et seq.)
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California Environmental Quality Act (2023) DEFINITIONS 2023 City of Lake Forest Guidelines 11-1 ©Best Best & Krieger LLP 11) DEFINITIONS
Whenever the following terms are used in these Guidelines, they shall have the following meaning unless otherwise expressly defined:
11.01 “Agricultural Employee” means a person engaged in agriculture, including farming in all its branches, and, among other things, includes: (1) the cultivation and tillage of the soil, (2) dairying, (3) the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, (4) the raising of livestock, bees, furbearing animals, or poultry, and (5) any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market.
This definition does not include any person covered by the National Labor Relations Act as agricultural employees pursuant to Section 2(3) of the Labor Management Relations Act (Section 152(3), Title 29, United States Code) and Section 3(f) of the Fair Labor Standards Act (Section 203(f), Title 29, United States Code). This definition does not apply to employees who perform work to be done at the site of the construction, alteration, painting, or repair of a building, structure, or other work (as these terms have been construed under Section 8(e) of the Labor Management Relations Act, 29 United States Code section 158(e)) or logging or timber-clearing operations in initial preparation of land for farming, or who does land leveling or only land surveying for any of the above. As used in this definition, “land leveling” shall include only major land moving operations changing the contour of the land, but shall not include annual or seasonal tillage or preparation of land for cultivation. (State CEQA Guidelines section 15191(a).)
11.02 “Applicant” means a person who proposes to carry out a project which requires a lease, permit, license, certificate, or other entitlement for use, or requires financial aid from one or more public agencies when applying for governmental approval or assistance.
11.03 “Approval” means a decision by the decision making body or other authorized body or officer of the City which commits the City to a definite course of action with regard to a particular project. With regard to any project to be undertaken directly by the City, approval shall be deemed to occur on the date when the decision making body adopts a motion or resolution determining to proceed with the project, which in no event shall be later than the date of adoption of plans and specifications. As to private projects, approval shall be deemed to have occurred upon the earliest commitment to provide service or the issuance by the City of a discretionary contract, subsidy, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. The mere acquisition of land by the City shall not, in and of itself, be deemed to constitute approval of a project.
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California Environmental Quality Act (2023) DEFINITIONS 2023 City of Lake Forest Guidelines 11-2 ©Best Best & Krieger LLP For purposes of these Guidelines, all environmental documents must be completed as of the time of project approval.
11.04 “Baseline” refers to the pre-project environmental conditions. By comparing the project’s potential impacts to the baseline, the Lead Agency determines whether the project’s impacts are substantial enough to be significant under the relevant thresholds of significance. Generally, the baseline is the environmental conditions existing on the date the environmental analysis begins, such as the date of the Notice of Preparation is published for an EIR or the date of the Notice of Intent to Adopt a Negative Declaration. However, in certain circumstances, an earlier or later date may provide a more accurate environmental analysis. The City may establish any baseline that is appropriate, including an earlier or later date, as long as the choice of baseline can be supported by substantial evidence.
11.05 “California Native American Tribe” means a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004.
11.06 “Categorical Exemption” means an exception from the requirement of preparing a Negative Declaration or an EIR, based on a finding by the Secretary of the Resources Agency that the class of projects does not have a significant effect on the environment.
11.07 “CEQA” (the California Environmental Quality Act) means California Public Resources Code sections 21000, et seq.
11.08 “City” means the City of Lake Forest, California.
11.09 “Clerk” means either the “Clerk of the Board” or the “County Clerk” depending upon the county. Please refer to the “Index to Environmental Filing by County” in the Staff Summary to determine which applies.
11.10 “Community-Level Environmental Review” means either of the following:
(1) An EIR certified on any of the following: (A) a general plan; (B) a revision or update to the general plan that includes at least the land and circulation elements; (C) an applicable community plan; (D) an applicable specific plan; (E) a housing element of the general plan, if the environmental impact report analyzed the environmental effects of the density of the proposed project.
(2) A negative declaration or mitigated negative declaration adopted as a subsequent environmental review document, following and based upon an EIR on a general plan, an applicable community plan, or an applicable specific plan, provided that the subsequent environmental review document is allowed by CEQA following a master EIR or a program EIR, or is required pursuant to Section 21166.
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11.11 “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 government agencies 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 significance.
11.12 “Cumulative Impacts” means two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. The individual effects may be changes resulting from a single project or a number of separate projects, whether past, present or future.
The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present and reasonably foreseeable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.
11.13 “Cumulatively Considerable” means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.
11.14 “Decision Making Body” means the body within the City, i.e., the City Council or Planning Commission, with final approval authority over the particular project.
11.15 “DEIR” means an EIR containing the information summarized in Local Guidelines Section 7)o).
11.16 “Developed Open Space” means land that meets all of the following criteria: (1) land that is publicly owned, or financed in whole or in part by public funds, (2) is generally open to, and available for use by, the public, and (3) is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ball fields, enclosed child play areas, and picnic facilities.
Developed open space may include land that has been designated for acquisition by a public agency for developed open space but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes.
11.17 “Development Project” means any project undertaken for the purpose of development, including any project involving the issuance of a permit for construction or reconstruction but not a permit to operate. It does not include any ministerial projects proposed to be carried out or approved by public agencies. (Government Code section 65928.)
11.18 “Director” means the Development Services Director, or his or her designee.
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11.19 “Discretionary Project” means a project for which approval requires the exercise of independent judgment, deliberation, or decision making on the part of the City.
11.20 “EIR” (Environmental Impact Report) means a detailed written statement setting forth the environmental effects and considerations pertaining to a project.
EIR may mean a Draft or a Final EIR, a Project EIR, a Subsequent EIR, a Supplemental EIR, a Tiered EIR, a Staged EIR, a Program EIR, a Redevelopment EIR, a Master EIR, or a Focused EIR.
11.21 “Emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, landslide or other natural disaster, as well as such occurrences as riot, war, terrorist incident, accident or sabotage.
11.22 “Endangered, Rare or Threatened Species” means certain species or subspecies of animals or plants. A species or subspecies of animal or plant is “endangered” when its survival and reproduction in the wild are in immediate jeopardy from one or more cause, including loss of habitat, change in habitat, overexploitation, predation, competition, disease, or other factors. A species or subspecies of animal or plant is “threatened” when it is listed as a threatened species pursuant to the California Endangered Species Act or the federal Endangered Species Act. A species or subspecies of animal or plant is “rare” when either:
(1) Although not presently threatened with extinction, the species is existing in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or (2) The species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and many be considered “threatened” as that term is used in the Federal Endangered species Act.
For purposes of analyzing impacts to biological resources, a species of animal or plant shall be presumed to be endangered, rare or threatened if it is listed under the California Endangered Species Act or the federal Endangered Species Act.
This definition shall not include any species of the Class Insecta which is a pest whose protection under the provisions of CEQA would present an overwhelming and overriding risk to man as determined by the Director of Food and Agriculture (with regard to economic pests) or the Director of Health Services (with regard to health risks).
11.23 “Environment” means the physical conditions which exist in the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. The area involved shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The “environment” includes both natural and man-made conditions.
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11.24 “Feasible”means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
11.25 “Final EIR” means an EIR containing the information contained in the DEIR, comments either verbatim or in summary received in the review process, a list of persons commenting, and the response of the City to the comments received.
11.26 “Greenhouse Gas” includes, but is not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
11.27 “Highway” shall have the same meaning as defined in Section 360 of the Vehicle Code.
11.28 “Historical Resources” include:
Resources listed in, or eligible for listing in, the California Register of Historical Resources shall be considered historical resources.
A resource may be listed in the California Register if it meets any of the following National Register of Historic Places criteria:
Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; Is associated with the lives of persons important in our past; Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or Has yielded, or may be likely to yield, information important in prehistory or history.
A resource may also be listed in the California Register if it is identified as significant in an historical resource survey that meets all of the following criteria:
The survey has been or will be included in the State Historic Resources Inventory;
The survey and the survey documentation were prepared in accordance with office procedures and requirements; and The resource is evaluated and determined by the office to have a significance rating of Category 1 to 5 on DPR Form 523.
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California Environmental Quality Act (2023) DEFINITIONS 2023 City of Lake Forest Guidelines 11-6 ©Best Best & Krieger LLP pursuant to a local ordinance or resolution as defined in Public Resources Code section 5020.1(k), or identified as significant in a historical resource survey, (as described above) as specified in Public Resources Code section 5024.1(g), are presumed to be historically or culturally significant, unless a preponderance of evidence demonstrates that they are not historically or culturally significant.
Any of the following may be considered historically significant: any object, building, structure, site, area, place, record or manuscript which a Lead Agency determines, based upon substantial evidence in light of the whole record, to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military or cultural annals of California.
The Lead Agency is not precluded from determining that a resource is a historical resource, as defined in Public Resources Code sections 5020.1(j) or 5024.1, even if it is: (a) not listed in, or determined to be eligible for listing in, the California Register of Historical Resources; (b) not included in a local register of historical resources; or (c) not identified in a historical resources survey.
11.29 “Infill Site” means a site in an urbanized area that meets one of the following criteria: (1) the site has been previously developed for qualified urban uses; or (2) the site has not been developed for qualified urban uses but all immediately adjacent parcels are developed with existing qualified urban uses; or (3) the site has not been developed for qualified urban uses, no parcel within the site has been created with the past 10 years, and the site is situated so that: (A) 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 existing qualified urban uses at the time the lead agency receives an application for an approval; and (B) the remaining 25 percent of the perimeter of the site adjoins parcels that had been previously developed for qualified urban uses.
11.30 “Initial Study” means a preliminary analysis conducted by the City to determine whether an EIR or a Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR.
11.31 “Jurisdiction by Law” means the authority of any public agency to grant a permit or other entitlement for use, to provide funding for the project in question or to exercise authority over resources which may be affected by the project.
The City will have jurisdiction by law over a project when the City, having primary and exclusive jurisdiction over the area involved, is the site of the project, the area in which the major environmental effects will occur, or the area in which reside those citizens most directly concerned by any such environmental effects.
11.32 “Lead Agency” means the public agency which has the principal responsibility for preparing environmental documents and for carrying out or approving a project when more than one public agency is involved with the same underlying activity.
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11.33 “Low-Income Households” means households of persons and families of very low and low income, which are defined in Sections 50093 and 50105 of the Health and Safety Code as follows:
(1) “Persons and families of low income” or “persons of low income” is defined in Section 50093 of the Health & Safety Code to mean persons or families who are eligible for financial assistance specifically provided by a governmental agency for the benefit of occupants of housing financed pursuant to this division.
(2) “Very low income households” is defined in Section 50105 of the Health & Safety Code to mean persons and families whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. “Very low income households” includes extremely low income households, as defined in Section 50106 of the Health & Safety Code.
11.34 “Low-Level Flight Path” means any flight path for any aircraft owned, maintained, or under the jurisdiction of the United States Department of Defense that flies lower than 1,500 feet above ground level, as indicated in the United States Department of Defense Flight Information Publication, “Area Planning Military Training Routes: North and South America (AP/1B)” published by the United States National Imagery and Mapping Agency or its successor.
11.35 “Metropolitan Planning Organization” means a federally-designated agency that provides transportation planning and programming in metropolitan areas. A MPO is designated for each urban area that has been defined in the most recent federal census as having a population of more than 50,000 people. The Census Bureau issued its list of qualifying Urbanized Areas based on population counts from the 2000 decennial Census. There are 18 federally-designated MPOs in California.
Non-urbanized (rural) areas do not have a designated MPO.
11.36 “Military Impact Zone” means any area, including airspace, that meets both of the following criteria:
(1) Is located within two miles of a military installation, including, but not limited to, any base, military airport, camp, post, station, yard, center, homeport facility for a ship, or any other military activity center that is under the jurisdiction of the United States Department of Defense; and (2) Covers greater than 500 acres of unincorporated land, or greater than 100 acres of city incorporated land.
11.37 “Ministerial” describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion or standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project Item: 10
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California Environmental Quality Act (2023) DEFINITIONS 2023 City of Lake Forest Guidelines 11-8 ©Best Best & Krieger LLP should be carried out. Common examples of ministerial permits include automobile registrations, dog licenses, and marriage licenses. A building permit is ministerial if the ordinance requiring the permit limits the public official to determining whether the zoning allows the structure to be built in the requested locations, the structure would meet the strength requirements in the Uniform Building Code, and the applicant has paid his fee. (Public Resources Code section 21080(b)(1).)
11.38 “Mitigated Negative Declaration” means a Negative Declaration prepared for a Project when the Initial Study has identified potentially significant effects on the environment, but: (1) revisions in the project plans or proposals made , or agreed to, by the applicant before the proposed Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.
11.39 “Mitigation” means avoiding the environmental impact altogether by not taking a certain action or parts of an action, minimizing impacts by limiting the degree or magnitude of the action and its implementation, rectifying the impact by repairing, rehabilitating or restoring the impacted environment, reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action, or compensating for the impact by replacing or providing substitute resources or environments.
11.40 “Negative Declaration” means a written statement by the City briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and, therefore, does not require the preparation of an EIR.
11.41 “Notice of Completion” means a brief report filed with the Office of Planning and Research by the City when it is the Lead Agency as soon as it has completed a DEIR and is prepared to send out copies for review.
11.42 “Notice of Determination” means a brief notice to be filed by the City when it approves or determines to carry out a project which is subject to the requirements of CEQA.
11.43 “Notice of Exemption” means a brief notice which may be filed by the City when it has approved or determined to carry out a project, and it has determined that the project is exempt from the requirements of CEQA. Such a notice may also be filed by an applicant where such a determination has been made by a public agency which must approve the project.
11.44 “Notice of Preparation” means a brief notice sent by a Lead Agency to notify the Responsible Agencies, Trustee Agencies, the Office of Planning and Research, and involved federal agencies that the Lead Agency plans to prepare an EIR for a Item: 10
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California Environmental Quality Act (2023) DEFINITIONS 2023 City of Lake Forest Guidelines 11-9 ©Best Best & Krieger LLP project. The purpose of this notice is to solicit guidance from those agencies as to the scope and content of the environmental information to be included in the EIR.
Public agencies are free to develop their own formats for this notice.
11.45 “Person” includes any person, firm, association, organization, partnership, business, trust, corporation, company, city, county, city and county, town, the state, and any of the agencies which may be political subdivisions of such entities, and, to the extent permitted by federal law, the United States, or any of its agencies or political subdivisions.
11.46 “Pipeline” as defined in these Local Guidelines depends on the context. Please see Local Guidelines Sections 3)z) and 3)3)aa) for specific definitions.
11.47 “Private Project” means a project which will be carried out by a person other than a governmental agency, but which will need a discretionary approval from the City.
Private projects will normally be those listed in subsections (2) and (3) of Guidelines Section 11.48.
11.48 “Project” means the whole of an action or activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment, and is any of the following:
(1) A discretionary activity directly undertaken by the City including but not limited to public works construction and related activities, clearing or grading of land, or improvements to existing public structures. (2) A discretionary activity which involves a public agency’s issuance to a person of a lease, permit, license, certificate, or other entitlement for use, or which is supported, in whole or in part, through contracts, grants, subsidies, loans or other forms of assistance by the City.
(3) A discretionary project proposed to be carried out or approved by public agencies, including but not limited to the enactment and amendment of local General Plans or elements thereof, the enactment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits and the approval of tentative subdivision maps.