Agenda packet — Lake Forest City Council, June 17, 2025 (part 3 of 5)

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Local Guidelines for Implementing the
California Environmental Quality Act (2025) INITIAL STUDY

2025 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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Local Guidelines for Implementing the
California Environmental Quality Act (2025) INITIAL STUDY

2025 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: 7
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2025 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: 7
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2025 City of Lake Forest Guidelines 5-16 ©Best Best & Krieger LLP emissions, mitigation may include the identification of specific measures that may be implemented on a project-by-project basis.

Mitigation may also include the incorporation of specific measures or policies found in an adopted ordinance or regulation that reduces the cumulative effect of emissions.
(5) Streamlined Analysis of Greenhouse Gas Emissions.

Under certain limited circumstances, the legislature has specifically declared that the analysis of greenhouse gas emissions or climate change impacts may be limited. Public Resources Code sections 21155, 21155.2, and 21159.28 provide that if certain residential, mixed use and transit priority projects meet specified ratios and densities, then the lead agencies for those projects may conduct a limited review of greenhouse gas emissions or may be exempted from analyzing global warming impacts that result from cars and light duty trucks, if a detailed list of requirements is met. However, unless the project is exempt from CEQA, the Lead Agency must consider whether such projects will result in greenhouse gas emissions from other sources, including, but not limited to, energy use, water use, and solid waste disposal. (6) Tiering.

The City may analyze and mitigate the significant effects of greenhouse gas emissions at a programmatic level. Later project-specific environmental documents may then tier from and/or incorporate by reference that existing programmatic review. (7) Plans for the Reduction of Greenhouse Gas Emissions.

Public agencies may choose to analyze and mitigate greenhouse gas emissions in a plan for the reduction of greenhouse gas emissions or similar document. A plan for the reduction of greenhouse gas emissions should:
(1) Quantify greenhouse gas emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area;
(2) Establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable;
(3) Identify and analyze the greenhouse gas emissions resulting from specific actions or categories of actions anticipated within the geographic area;
(4) Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project-by-project basis, would collectively achieve the specified emissions level;
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2025 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: 7
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2025 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: 7
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2025 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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Local Guidelines for Implementing the
California Environmental Quality Act (2025) NEGATIVE DECLARATION

2025 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: 7
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Local Guidelines for Implementing the
California Environmental Quality Act (2025) NEGATIVE DECLARATION

2025 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: 7
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2025 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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Local Guidelines for Implementing the
California Environmental Quality Act (2025) NEGATIVE DECLARATION

2025 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 Land Use and Climate Innovation 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 Land Use and Climate Innovation.

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 Land Use and Climate Innovation of this rescission.

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 (2025) NEGATIVE DECLARATION

2025 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.

Additionally, the lead agency or project proponent is not limited in its ability to incorporate Item: 7
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2025 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 (2025) NEGATIVE DECLARATION

2025 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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Local Guidelines for Implementing the
California Environmental Quality Act (2025) NEGATIVE DECLARATION

2025 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 6 d). 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: 7
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2025 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 Land Use and Climate Innovation, 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 LCI’s CEQA Submit website (https://ceqasubmit.lci.ca.gov/). 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.
(b) Santa Monica Mountains Zone.

Item: 7
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2025 City of Lake Forest Guidelines 6-10 ©Best Best & Krieger LLP (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 LCI. 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 LCI 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”) to be filed with the Office of Land Use and Climate Innovation via the Office of Land Use and Item: 7
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2025 City of Lake Forest Guidelines 6-11 ©Best Best & Krieger LLP Climate Innovation’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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2025 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: 7
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2025 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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2025 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.

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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2025 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.

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2025 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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2025 City of Lake Forest Guidelines 6-17 ©Best Best & Krieger LLP The Notice of Determination shall be filed within five (5) working days of project approval with both (1) the County Clerk of the County of Orange and (2) the State Clearinghouse in the LCI. 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.

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, 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 subsequent 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. 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 $2,968.75, 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.

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2025 City of Lake Forest Guidelines 6-18 ©Best Best & Krieger LLP 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.
• 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; Item: 7
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2025 City of Lake Forest Guidelines 6-19 ©Best Best & Krieger LLP (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. The City should 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 City must have written confirmation of DFW’s finding of “no impact” at the time the City 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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2025 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: 7
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2025 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 Land Use and Climate Innovation 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: 7
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2025 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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2025 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 Land Use and Climate Innovation 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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2025 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 Land Use and Climate Innovation, 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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2025 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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2025 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.

The lead agency shall begin the consultation process within 30 days of receiving a California Native American tribe’s request for consultation.

(2) A party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached.

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: 7
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2025 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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2025 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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2025 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 Land Use and Climate Innovation, 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;
(3) Any public agency that has jurisdiction by law over the project; Item: 7
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2025 City of Lake Forest Guidelines 7-11 ©Best Best & Krieger LLP (4) A transportation planning agency, or any public agency that has transportation facilities within its jurisdiction, that could be affected by the project; and (5) Any organization or individual who has filed a written request for the notice.

The requirement for providing notice of a scoping meeting may be met by including the notice of the public scoping meeting in the public meeting notice.

Government Code section 65352 requires that before a legislative body may adopt or substantially amend a general plan, the planning agency must refer the proposed action to any city or county, within or abutting the area covered by the proposal, and any special district that may be significantly affected by the proposed action. CEQA allows that referral procedure to be conducted concurrently with the scoping meeting required pursuant to this section of the Local State CEQA Guidelines.

For projects that are also subject to NEPA, a scoping meeting held pursuant to NEPA satisfies the CEQA scoping requirement as long as notice is provided to the agencies and individuals listed above, and in accordance with these Guidelines.

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: 7
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2025 City of Lake Forest Guidelines 7-12 ©Best Best & Krieger LLP to be analyzed in depth in the EIR. The City may also consult with concerned persons identified by the applicant and persons who have made written requests to be consulted.

A request for early consultation shall be made within thirty (30) days after the determination by the City that an EIR will be required for the project. The City Council may by Resolution establish a fee sufficient to recover the actual costs of consultation with the applicant. m) CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT

PROJECTS
Under specific circumstances, the City must consult with the public water system to determine whether it can adequately supply the water needed for the project. See Local Guidelines Section 5)n) for more information on these requirements. (Reference: State CEQA Guidelines, § 15155.)
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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2025 City of Lake Forest Guidelines 7-13 ©Best Best & Krieger LLP o) USE OF REGISTERED CONSULTANTS IN PREPARING EIRS
An EIR is not a technical document that can be prepared only by a registered consultant or professional. However, state statutes may provide that only registered professionals can prepare certain technical studies which will be used in or which will control the detailed design, construction, or operation of the proposed project and which will be prepared in support of an EIR. (Reference: State CEQA Guidelines, § 15149.)
p) INCORPORATION BY REFERENCE
A CEQA document, such as a Negative Declaration, Mitigated Negative Declaration or an EIR, may incorporate by reference all or portions of another document which is a matter of public record or is generally available to the public. Any incorporated document shall be considered to be set forth in full as part of the text of the subsequent document. When all or part of another document is incorporated by reference, that document shall be made available to the public for 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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2025 City of Lake Forest Guidelines 7-14 ©Best Best & Krieger LLP r) FORM AND CONTENT OF EIR
The text of the EIR should normally be less than 150 pages. For proposals of unusual scope or complexity, the EIR may be longer than 150 pages but should normally be less than 300 pages. The required contents of an EIR are set forth in Sections 15122 through 15132 of the State CEQA Guidelines. In brief, the EIR must contain:
(1) A table of contents or an index.
(2) A brief summary of the proposed project, including each significant effect with proposed mitigation measures and alternatives, areas of known controversy and issues to be resolved including the choice among alternatives and whether or how to mitigate the significant effects, and whether there are any significant and unavoidable impacts. (Generally, the summary should be less than fifteen (15) pages.)
(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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2025 City of Lake Forest Guidelines 7-15 ©Best Best & Krieger LLP (a) The adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency;
(b) The adoption by a Local Agency Formation Commission of a resolution making determinations; or
(c) A project which will be subject to the requirement for preparing an Environmental Impact Statement pursuant to the National Environmental Policy Act.
(10) An analysis of the growth-inducing impacts of the proposed action. The discussion should include ways in which the project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in 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: 7
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2025 City of Lake Forest Guidelines 7-16 ©Best Best & Krieger LLP compare the proposed project’s potential impacts to the physical conditions that exist at the time environmental review begins.

Direct and indirect significant effects of the project on the environment must be clearly identified and described, considering both the short-term and long-term effects. The discussion should include relevant specifics of the area, the resources involved, physical changes, alterations to ecological systems, and changes induced in population distribution, population concentration, the human use of the land (including commercial and residential development), health and safety problems caused by the physical changes, and other aspects of the project that may impact resources in the project area, such as water, historical resources, scenic quality, and public services.

The EIR must also analyze any significant environmental effects the project might cause or risk exacerbating by bringing development and people into the area. If applicable, an EIR should also evaluate any potentially significant direct, indirect, or cumulative environmental impacts of locating development in areas susceptible to hazardous conditions (e.g., floodplains, coastlines, 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: 7
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2025 City of Lake Forest Guidelines 7-17 ©Best Best & Krieger LLP by which the City as Lead Agency determines whether an impact is significant. The description of the environmental setting shall be no longer than is necessary to provide an understanding of the significant effects of the proposed project and its alternatives. The purpose of this requirement is to give the public and decision makers the most accurate and understandable picture practically possible of the project's likely near-term and long-term impacts.

Generally, the Lead Agency should describe physical environmental conditions as they exist at the time the Notice of Preparation is published, or if no Notice of Preparation is published, at the time environmental analysis is commenced, from both a local and regional perspective.

Where existing conditions change or fluctuate over time, and where necessary to provide the most accurate picture practically possible of the project's impacts, the Lead Agency may define existing conditions by referencing historic conditions, or conditions expected when the project becomes operational, or both, that are supported with substantial evidence. In addition, the Lead Agency 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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2025 City of Lake Forest Guidelines 7-18 ©Best Best & Krieger LLP (4) Habitat conservation plans;
(5) Natural community conservation plans; and/or
(6) Plans or regulations for the reduction of greenhouse gas emissions.

When relying on such a regulation, plan, or program, the City should explain how implementing the particular requirements of the plan, regulation or program will ensure that the project’s incremental contribution to the cumulative effect is not cumulatively considerable.

A cumulative impact consists of an impact which is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts. An EIR should not discuss impacts which do not result in part from the project evaluated in the EIR.

The discussion of cumulative impacts in an EIR must focus on the cumulative impact to which the identified other projects contribute, rather than the attributes of other projects which do not contribute to the cumulative impact. The discussion of significant cumulative impacts must include either of the following:
(1) A list of past, present, and probable future projects causing related or cumulative impacts including, if necessary, those projects outside the control of the City; or (2) A summary of projections contained in an adopted local, regional or statewide plan, or related planning document, that describes or evaluates conditions contributing to the cumulative effect. Such plans may include: a general plan, regional transportation plan, or a plan for the reduction of greenhouse gas emissions. A summary of projections may also be contained in an adopted or certified prior environmental document for such a plan. Such projections may be supplemented with additional information such as a regional modeling program. Documents used in creating a summary of projections must be referenced and made available to the public.

When utilizing a list, as suggested above, factors to consider when determining whether to include a related project should include the nature of each environmental resource being examined and the location and type of project. Location may be important, for example, when water quality impacts are involved since projects outside the watershed would probably not contribute to a cumulative effect. Project type may be important, for example, when the impact is specialized, such as a particular air pollutant or mode of traffic.

Public Resources Code section 21094 also states that if a Lead Agency determines that a cumulative effect has been adequately addressed in an earlier EIR, it need not be examined in a later EIR if the later project’s incremental contribution to the cumulative effect is not cumulatively considerable. A cumulative effect has been adequately addressed in the prior EIR if:
(1) it has been mitigated or avoided as a result of the prior EIR; or (2) the cumulative effect has been examined in a sufficient level of detail to enable the effect to be mitigated or avoided by site-specific revisions, the imposition of conditions, or other means in connection with the approval of the later project.

Public Resources Code section 21094 only applies to earlier projects that (1) are consistent with the program, plan, policy, or ordinance for which an environmental impact report has been Item: 7
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2025 City of Lake Forest Guidelines 7-19 ©Best Best & Krieger LLP prepared and certified, (2) are consistent with applicable local land use plans and zoning of the city, county, or city and county in which the later project would be located and (3) are not subject to Public Resources Code section 21156.

If the Lead Agency determines that the cumulative effect has been adequately addressed in a prior EIR, the Lead Agency should clearly explain the basis for its determination in the current environmental documentation for the project.

The City should define the geographic scope of the area affected by the cumulative effect and provide a reasonable explanation for the geographic limitation used. (Reference: State CEQA Guidelines, § 15130.)
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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2025 City of Lake Forest Guidelines 7-20 ©Best Best & Krieger LLP Where maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of the historical resource will be conducted in a manner consistent with the Secretary of the Interior’s “Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings” (1995), Weeks and Grimmer, the project’s impact on the historical resource shall generally be considered mitigated below a level of significance and thus not significant.

The City should, whenever feasible, seek to avoid damaging effects on any historical resource of an archaeological nature. The following factors must be considered and discussed in an EIR for a project involving an archaeological site:
(1) Preservation in place is the preferred manner of mitigating impacts to archaeological sites.
(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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2025 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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2025 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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2025 City of Lake Forest Guidelines 7-23 ©Best Best & Krieger LLP Remote or Speculative Alternatives: An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote and speculative. (Reference: State CEQA Guidelines, § 15126.6.)
x) ANALYSIS OF FUTURE EXPANSION
An EIR must include an analysis of the environmental effects of future expansion (or other similar future modifications) if there is credible and substantial evidence that:
(1) The future expansion or action is a reasonably foreseeable consequence of the initial project; and
(2) The future expansion or action is likely to change the scope or nature of the initial project or its environmental effects.

Absent these two circumstances, future expansion of a project need not be discussed.

CEQA does not require speculative discussion of future development which is unspecific or 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 Land Use and Climate Innovation (“LCI”) in an electronic form via the LCI’s CEQA Submit website, which is located at the following web address:
https://ceqasubmit.lci.ca.gov/. 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 Land Use and Climate Innovation has developed a model form Notice of Completion. Form H follows LCI’s model. To ensure that the documents are accepted by LCI staff, this form should be used when documents are transmitted to LCI.

Notice of Availability. At the same time the Director causes a Notice of Completion to be sent to the Office of Land Use and Climate Innovation, the Director shall provide public notice of the availability of the Draft Environmental Impact Report by distributing a Notice of Availability of DEIR (Form “K”). The Notice of Availability shall include at least the following information:
(a) A brief description of the proposed project and its location; Item: 7
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2025 City of Lake Forest Guidelines 7-24 ©Best Best & Krieger LLP (b) The starting and ending dates for the review period during which comments will be received, the manner in which the City will receive those comments, and whether the review period has been shortened;
(c) The date, time, and place of any scheduled public meetings or hearings to be held by the City on the proposed project, if the City knows this information when it prepares the Notice;
(d) A list of the significant environmental effects anticipated as a result of the project; (e) The address where copies of the EIR and all documents incorporated by reference in the EIR will be available for public review, and a description of how the DEIR can be obtained in electronic format. This location shall be readily accessible to the public during the City’s normal working hours; and
(f) A statement indicating whether the project site is included on any list of hazardous waste facilities, land designated as hazardous waste property, or hazardous waste disposal site, and, if so, the information required in the Hazardous Waste and Substances Statement pursuant to Government Code section 65962.5.

The Notice of Availability shall be provided to:
(a) Each Responsible and Trustee Agency;
(b) Any other federal, state, or local agency which has jurisdiction by law or exercises authority over resources affected by the project, including:
(i) Any water supply agency consulted under Guidelines Section 5)o); (ii) Any city or county bordering on the project area;
(iii) For a project of statewide, regional, or area wide significance, to any transportation agencies or public agencies which have major local arterials or public transit facilities within five (5) miles of the project site or freeways, highways, or rail transit service within ten (10) miles of the project site which could be affected by the project;
(iv) For a subdivision project located within one mile of a facility of the State Water Resources Development System, to the California Department of Water Resources; and
(v) For a general plan amendment, a project of statewide, regional, or area wide significance, or a project that relates to a public use airport, or to certain projects involving military services (See Local Guidelines Section 7)f).). (c) The last known name and address of all organizations and individuals who have previously filed a written request with the City to receive these Notices; Item: 7
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2025 City of Lake Forest Guidelines 7-25 ©Best Best & Krieger LLP (d) For certain projects that may impact a low-level flight path, military impact zone, or special use airspace and that meet other criteria described in Local Guidelines Section 7)f) to the specified military services contact; (e) For certain projects that involve the construction or alteration of a facility anticipated to emit hazardous air emissions or handle hazardous substances within one-quarter mile of a school and that meet certain other requirements, to any potentially affected school district;
(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 the City for the actual cost of its reproduction. Copies of the DEIR should also be furnished to appropriate public library systems.

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2025 City of Lake Forest Guidelines 7-26 ©Best Best & Krieger LLP 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 Land Use and Climate Innovation (“LCI”), 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 LCI’s CEQA Submit website (https://ceqasubmit.lci.ca.gov/). 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.

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2025 City of Lake Forest Guidelines 7-27 ©Best Best & Krieger LLP 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. (f) Areas within one-quarter mile of a river designated as wild and scenic.

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2025 City of Lake Forest Guidelines 7-28 ©Best Best & Krieger LLP (g) Areas within the jurisdiction of the San Francisco Bay Conservation and Development Commission.
(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 Land Use and Climate Innovation, 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 agencies within three (3) working days from the date the State Clearinghouse receives the

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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2025 City of Lake Forest Guidelines 7-29 ©Best Best & Krieger LLP document, as long as the DEIR is complete when submitted to the State Clearinghouse. If the document submitted to the State Clearinghouse is not complete, the State Clearinghouse must notify the Lead Agency. The review period for the public and all other agencies may run concurrently with the state agency review period established by the State Clearinghouse.

A shortened review period may be requested as provided in Local Guidelines Section 7)cc).

In the event a public agency, group, or person whose comments on a DEIR are solicited fails to comment within the required time period, it shall be presumed that such agency, group, or person has no comment to make, unless the Lead Agency has received a written request for a specific extension of time for review and comment and a statement of reasons for the request.

Planning activities concerning the proposed project, short of formal approval or commitment to any specific course of action, may continue during the period set aside for review and comment on the DEIR.
(Reference: Pub. Resources Code, § 21091; State CEQA Guidelines, §§ 15203, 15205(d).) cc) SHORTENED REVIEW PERIOD
Under certain circumstances, the City may authorize a person or persons to request a shortened public review period from the Office of Land Use and Climate Innovation 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 Land Use and Climate Innovation. The resolution authorizing the person making the request shall be attached to the request when submitted to the Office of Land Use and Climate Innovation. 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 in Local Guidelines Section 3)s); and for certain other actions involving the replacement or Item: 7
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2025 City of Lake Forest Guidelines 7-30 ©Best Best & Krieger LLP deletion of mitigation measures under State CEQA Guidelines CEQA Guidelines section 15074.1.) A public hearing on the DEIR is not required by CEQA. However, if the City provides a public hearing on its consideration of a project, the City should include the project’s environmental review documents as one of the subjects of the hearing. Notice of the time and place of the hearing shall be given in a timely manner in accordance with any legal requirements applicable to the proposed project. Generally, the requirements of the Ralph M. Brown Act will provide the minimum requirements for the inclusion of CEQA matters on agendas and at hearings. (Gov.

Code, § 54950 et seq.) At a minimum, agendas for meetings and hearings before commissions, boards, councils, and other agencies must be posted in a location that is freely accessible to members of the public at least seventy-two (72) hours prior to a regular meeting. The agenda must contain a brief general description of each item to be discussed and the time and location of the meeting. (Gov. Code, § 54954.2.) Additionally, any legislative body or its presiding officer must post an agenda for each regular or special meeting on the local agency’s Internet Web site, if the local agency has one.
(Reference: State CEQA Guidelines, § 15202.)
ee) EVALUATION OF AND RESPONSE TO COMMENTS ON DEIR
The City as Lead Agency shall evaluate any comments on environmental issues received during the public review period for the DEIR. The Director shall cause written responses to be prepared to those comments that raise significant environmental issues. As stated below, the City should also consider evaluating and responding to any comments received after the public review period. The written responses shall describe the disposition of any significant environmental issues that are raised in the comments. The responses may take the form of a revision of the DEIR, an attachment to the DEIR, or some other oral or written response which is adequate under the circumstances. If the City’s position is at variance with specific recommendations or suggestions raised in the comment, the City’s response must detail the reasons why such recommendations or suggestions were not accepted. The level of detail contained in the response, however, may correspond to the level of detail provided in the comment (i.e., responses to general comments may be general). A general response may be appropriate when a comment does not contain or specifically refer to readily available information, or does not explain the relevance of evidence submitted with the comment.

Moreover, the City shall respond to any specific suggestions for project alternatives or mitigation measures for significant impacts, unless such alternatives or mitigation measures are facially infeasible. The response shall contain recommendations, when appropriate, to alter the project as described in the DEIR as a result of an analysis of the comments received.

At least ten (10) days prior to certifying a Final EIR, the City shall provide its proposed written response, either in printed copy or in an electronic format, to any public agency which has made comments on the DEIR during the public review period. The City is not required to respond to comments received after the public review period. However, the City should consider responding to all comments if it will not delay action on the Final EIR, since any comment received before final action on the EIR can form the basis of a legal challenge. A written response that addresses the comment or adequately explains the City’s action in light of the comment may assist the City in defending against a legal challenge.

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2025 City of Lake Forest Guidelines 7-31 ©Best Best & Krieger LLP (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.

Recirculation is not required when the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR. If the revision is limited to Item: 7
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2025 City of Lake Forest Guidelines 7-32 ©Best Best & Krieger LLP a few chapters or portions of the EIR, the City as Lead Agency need only recirculate the chapters or portions that have been modified. A decision to not recirculate an EIR must be supported by substantial evidence in the record.

When the City determines to recirculate a DEIR, it shall give Notice of Recirculation (Form “M”) to every agency, person, or organization that commented on the prior DEIR. The Notice of Recirculation must indicate whether new comments must be submitted and whether the City has exercised its discretion to require reviewers to limit their comments to the revised chapters or portions of the recirculated EIR. The City shall also consult again with those persons contacted before certifying the EIR. When the EIR is substantially revised and the entire EIR is recirculated, the City may require that reviewers submit new comments and need not respond to those comments received during the earlier circulation period. In those cases, the City should advise reviewers that, although their previous comments remain part of the administrative record, the final EIR will not provide a written response to those comments, and new comments on the revised EIR must be submitted. The City need only respond to those comments submitted in response to the revised EIR.

When the EIR is revised only in part and the City is recirculating only the revised chapters or portions of the EIR, the City may request that reviewers limit their comments to the revised chapters or portions. The City need only respond to: (1) comments received during the initial circulation period that relate to chapters or portions of the document that were not revised and recirculated, and (2) comments received during the recirculation period that relate to the chapters or portions of the earlier EIR that were revised and recirculated.

When recirculating a revised EIR, either in whole or in part, the City must, in the revised EIR or by an attachment to the revised EIR, summarize the revisions made to the previously circulated DEIR.
(Reference: State CEQA Guidelines, § 15088.5.)
hh) CERTIFICATION OF FINAL EIR
Following the preparation of the Final EIR, Staff shall review the Final EIR and make a recommendation to the decision making body regarding whether the Final EIR is in order and whether it has been completed in compliance with CEQA, the State CEQA Guidelines and the City’s Guidelines. The Final EIR and Staff recommendation shall then be presented to the decision making body. The decision making body shall independently review and consider the information contained in the Final EIR and determine whether the Final EIR reflects its independent judgment.

Before it approves the project, the decision making body must certify and find that: (1) the Final 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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2025 City of Lake Forest Guidelines 7-33 ©Best Best & Krieger LLP ii) APPEAL OF CERTIFICATION OF EIR
Except in those cases in which the City Council is the final decision making body on a project, any interested person may appeal the certification or denial of certification of a Final EIR to the City Council. The procedures of Section 2.04.100 et seq. of the Lake Forest Municipal Code shall govern this appeal, except that the time limit for filing the appeal shall be ten (10) days after the adoption or rejection of the Negative Declaration.
jj) CONSIDERATION OF EIR BEFORE APPROVAL OR DISAPPROVAL OF PROJECT The EIR shall be considered and certified by the decision making body before it approves or disapproves the proposed project for which the EIR was prepared. The decision making body may then proceed to consider the proposed project for purposes of approval or disapproval.

Separately or in conjunction with its action approving or disapproving the project, the decision making body shall certify that it has reviewed and considered the information contained in the EIR and found the EIR to be legally adequate under CEQA.
(Reference: State CEQA Guidelines, § 15092.)
kk) FINDINGS
The decision making body shall not approve or carry out a project if a completed EIR identifies one or more significant environmental effects of the project unless it makes one or more of the following written findings for each such significant effect, accompanied by a brief explanation of the rationale supporting each finding. For impacts that have been identified as potentially significant, the possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment as identified in the Final EIR, such that the impact has been reduced to a less-than-significant level. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City. Such changes have been, or can and should be, adopted by that other agency.
(3) Specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Final EIR. The decision making body must make specific written findings stating why it has rejected an alternative to the project as infeasible.

The findings required by this Section shall be supported by substantial evidence in the record. Measures identified and relied on to mitigate environmental impacts identified in the EIR 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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2025 City of Lake Forest Guidelines 7-34 ©Best Best & Krieger LLP If any of the proposed alternatives could avoid or lessen an adverse impact for which no mitigation measures are proposed, the City shall analyze the feasibility of such alternative(s). If the project is to be approved without including such alternative(s), the City shall find that specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the Final EIR and shall list such considerations before such approval.

The decision making body shall not approve or carry out a project as proposed unless: (1) the project as approved will not have a significant effect on the environment; or (2) the project’s significant environmental effects have been eliminated or substantially lessened (as determined through one or more of the findings indicated above), and any remaining unavoidable significant effects have been found acceptable because of facts and circumstances described in a Statement of Overriding Considerations (see Local Guidelines Section 7) ll)). Statements in the DEIR or comments on the DEIR are not determinative of whether the project will have significant effects.

When making the findings required by this Section, the City as Lead Agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which it based its decision.

Special procedural findings must be made for projects involving the construction or alteration of a facility within one-quarter mile of a school when: (1) the facility might reasonably be anticipated to emit hazardous air emissions or to handle an extremely hazardous substance or a mixture containing extremely hazardous substances in a quantity equal to or greater than the threshold specified in Health and Safety Code section 25532(j); and (2) the emissions or substances may pose a health or safety hazard to persons who would attend or would be employed at the school. If the project meets both of those criteria, the City may not certify an EIR or approve a Negative Declaration unless it makes a finding that:
(1) The City, as Lead Agency, consulted with the affected school district or districts having jurisdiction over the school regarding the potential impact of the project on the school; and
(2) The school district was given written notification of the project not less than thirty (30) days prior to the proposed certification of the EIR or approval of the Negative Declaration.

Implementation of this Guideline shall be consistent with the definitions and terms utilized in State CEQA Guidelines section 15186.

Additionally, for projects involving the acquisition of a school site or the construction of a secondary or elementary school by a school district, the negative declaration or EIR prepared for the project may not be adopted or certified unless there is sufficient information in the entire record 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: 7
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2025 City of Lake Forest Guidelines 7-35 ©Best Best & Krieger LLP through a health risk assessment pursuant to Section 44360(b)(2) of the Health and Safety Code and after considering any potential mitigation measures, that the air quality at the proposed project site does not present a significant health risk to pupils. (Reference: State CEQA Guidelines, § 15091.)
ll) STATEMENT OF OVERRIDING CONSIDERATIONS
Before a project that has unmitigated significant adverse environmental effects can be approved, the decisionmaking body must adopt a Statement of Overriding Considerations. If the decisionmaking body finds in the Statement of Overriding Considerations that specific benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.”
Accordingly, the Statement of Overriding Considerations allows the decisionmaking body to approve a project despite one or more unmitigated significant environmental impacts identified in the Final EIR. A Statement of Overriding Considerations can be made only if feasible project alternatives or mitigation measures do not exist to reduce the environmental impact(s) to a level of insignificance and the benefits of the project outweigh the adverse environmental effect(s). The feasibility of project alternatives or mitigation measures is determined by whether the project alternative or mitigation measure can be accomplished within a reasonable period of time, taking into account economic, environmental, social, legal and technological factors.

Project benefits which are appropriate to consider in the Statement of Overriding Considerations include the economic, legal, environmental, technological and social value of the project. The City may also consider region-wide or statewide environmental benefits.

Substantial evidence in the entire record must justify the decisionmaking body’s findings and its use of the Statement of Overriding Considerations. If the decisionmaking body makes a Statement of Overriding Considerations, the Statement must be included in the record of the project approval and it should be referenced in the Notice of Determination. (Reference: State CEQA Guidelines, § 15093.)
mm) MITIGATION MONITORING OR REPORTING PROGRAM FOR EIR
The City may require feasible changes in any or all activities involved in the project in order to substantially lessen or avoid significant effects on the environment, consistent with applicable constitutional requirements such as the “nexus” and “rough proportionality” standards established by case law. (e.g., Nollan v. California Coastal Commission, 483 U.S. 825 (1987); Dolan v. City of Tigard , 512 U.S. 374 (1994); Ehrlich v. City of Culver City , 12 Cal. 4th 854 (1996).)
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: 7
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2025 City of Lake Forest Guidelines 7-36 ©Best Best & Krieger LLP implemented by the project proponent or other responsible party in a timely manner, in accordance with conditions of project approval; (2) Make sure all conditions and mitigation measures are feasible and fully enforceable through permit conditions, agreements, or other measures. Such permit conditions, agreements, and measures must be consistent with applicable constitutional requirements such as the “nexus” and “rough proportionality” standards established by case law; and
(3) Specify the location and the custodian of the documents which constitute the record of proceedings upon which the City based its decision in the resolution certifying the EIR.

The adequacy of a mitigation monitoring program is determined by the “rule of reason.” This means that a mitigation monitoring program does not need to include every imaginable mitigation measure. It needs only to provide measures that are reasonably feasible and that are necessary to avoid significant impacts on the environment or to reduce the severity of impacts to a less-than-significant level.

There is no requirement that the reporting or monitoring program be circulated for public review; however, the City may choose to circulate it for public comments along with the DEIR.

Any mitigation measures required to mitigate or avoid significant effects on the environment shall be adopted and made fully enforceable, such as by being imposed as conditions on the conditional use permit, site plan, area plan, or other discretionary approvals for the project. Alternatively, the City may require the applicant to enter into a written Mitigation Monitoring Compliance Agreement which specifies the obligations and duties relative to mitigation, monitoring, and reporting on said mitigation measures. The reporting or monitoring program shall be designed to assure compliance during the construction and implementation of the project.

The adequacy of a mitigation monitoring program is determined by the “rule of reason.” This means that a mitigation monitoring program does not need to provide every imaginable measure. It needs only to provide measures that are reasonably feasible and that are necessary to avoid significant impacts or to reduce the severity of impacts to a less-than-significant level.

The mitigation monitoring or reporting program shall be designed to assure compliance with the mitigation measures during the implementation and construction of the project. If a Responsible Agency or Trustee Agency has required that certain conditions be incorporated into the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. The City shall also require that, prior to the close of the public review period for a DEIR, the Responsible or Trustee Agency submit detailed performance objectives for mitigation measures, or refer the City to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures that mitigate impacts to resources that are within the Responsible or Trustee Agency’s authority.

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: 7
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2025 City of Lake Forest Guidelines 7-37 ©Best Best & Krieger LLP Transportation are required by law to adopt guidelines for the submittal of these reporting or monitoring programs, so the City may wish to tailor its submittal to such guidelines.

Local agencies have the authority to levy fees sufficient to pay for this program. For all private projects, the City may impose a program to charge the project applicant a fee to cover actual costs of program processing and implementation.

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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2025 City of Lake Forest Guidelines 7-38 ©Best Best & Krieger LLP (1) An identification of the project, including its common name, where possible, and its location. If the notice of determination is filed with the State Clearinghouse, the State Clearinghouse identification number for the DEIR shall be provided; (2) For private projects, identify the person undertaking the project, including any person undertaking an activity that receives financial assistance from the City as part of the project or the person receiving a lease, permit, license, certificate, or other entitlement of use from the City as part of the project; (3) A brief description of the project;
(4) The date when the City approved the project;
(5) Whether the project in its approved form with mitigation will have a significant effect on the environment;
(6) A statement that an EIR was prepared and certified pursuant to the provisions of CEQA;
(7) Whether mitigation measures were made a condition of the approval of the project; (8) Whether findings and/or a Statement of Overriding Considerations was adopted for the project; and
(9) The address where a copy of the EIR (with comments and responses) and the record of project approval may be examined by the general public.

It shall be the responsibility and duty of the applicant to deliver to the Development Services Department a check payable to the County Clerk of the County of Orange in an amount sufficient to cover the fee required by Section 7) nn) below, including the County Clerk’s processing fee, within forty-eight (48) hours of City’s final approval of the project. If within such forty-eight (48) hour period, the applicant has not delivered to the Development Services Department the check required above, the approval for the project shall be void.

The Notice of Determination shall be filed within five (5) working days of project approval with both (1) the County Clerk of the County of Orange and (2) the State Clearinghouse in the LCI. (To determine the fees that must be paid with the filing of the Notice of Determination, see Local Guidelines Section 7nn).) 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.

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 the State Clearinghouse, 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 Land Use and Climate Innovation, usually starts a thirty (30) day statute of limitations on court challenges to any actions taken pursuant to CEQA.

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2025 City of Lake Forest Guidelines 7-39 ©Best Best & Krieger LLP 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 $4,123.50, or the then applicable fee, shall be paid to the Clerk for projects which will adversely affect fish or wildlife resources. These fees are collected by the Clerk on behalf of DFW.

Only one filing fee shall be paid for each project unless the project is tiered or phased, or separate environmental documents are required. (Fish and Game Code § 711.4(g).) Separate environmental documents include EIRs, negative declarations, subsequent EIRs and negative declarations, and supplements to EIRs. Only one fee is required when an existing certified EIR is used for multiple project approvals that would result in no additional effect to fish and wildlife. An additional filing fee is required if approval of any separate environmental document would result in an effect on fish and wildlife not previously addressed in a certified EIR, Master EIR, Program EIR, Staged EIR, or General Plan EIR. (Cal. Code of Regs, tit. 14, section 753.5(e)(3).) For projects where Responsible Agencies file separate Notices of Determination, only the Lead Agency is required to pay the fee.

Note: County Clerks are authorized to charge a documentary handling fee for each project in addition to the Fish and Game fees specified above. Refer to the Index in the Staff Summary to help determine the correct total amount of fees applicable to the project.

For private projects, the City should pass these costs on to the project applicant.

No fees are required for projects with “no effect” on fish or wildlife resources or for certain projects undertaken by the DFW and implemented through a contract with a non-profit entity or local government agency. If the City believes that a project will have “no effect” on fish or wildlife resources, it may request a finding of “no effect.” See Local Guidelines Section 6)p) for more information regarding a “no effect” determination.

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2025 City of Lake Forest Guidelines 8-1 ©Best Best & Krieger LLP 8) TIERING
a) EIRS GENERALLY
This chapter describes a number of examples of various EIRs tailored to different situations. All of these types of EIRs must meet the applicable requirements of Chapter 7 of these Guidelines.
b) TIERING
(1) Tiering Generally.
“Tiering” refers to using the analysis of general matters contained in a previously certified broader EIR in later EIRs or Negative Declarations prepared for narrower projects. The later EIR or Negative Declaration may incorporate by reference the general discussions from the broader EIR and may concentrate solely on the issues specific to the later project.

An Initial Study shall be prepared for the later project and used to determine whether a previously certified EIR may be used and whether new significant effects should be examined.

Tiering does not excuse the City from adequately analyzing reasonably foreseeable significant environmental effects of a project, nor does it justify deferring analysis to a later tier EIR or Negative Declaration. However, the level of detail contained in a first-tier EIR need not be greater than that of the program, plan, policy, or ordinance being analyzed. When the City is using the tiering process in connection with an EIR for a large-scale planning approval, such as a general plan or component thereof (e.g., an area plan, specific plan or community plan), the development of detailed, site-specific information may not be feasible. Such site-specific information can be deferred, in many instances, until such time as the City prepares a future environmental document in connection with a project of a more limited geographical scale, as long as deferral does not prevent adequate identification of significant effects of the planning approval at hand. (2) Identifying New Significant Impacts.

When assessing whether there is a new significant cumulative effect for purposes of a subsequent tier environmental document, the City shall consider whether the incremental effects of the project would be considerable when viewed in the context of past, present, and probable future projects.

The City may use only a valid CEQA document as a first-tier document. Accordingly, the City should carefully review the first-tier environmental document to determine whether or not the statute of limitations for challenging the document has run. If the statute of limitations has not expired, the City should use the first-tier document with caution and pay careful attention to the legal status of the document. If the first-tier document is subsequently invalidated, any later environmental document may also be defective.
(3) Infill Projects and Tiering.

Certain “infill” projects may tier off of a previously certified EIR. An “infill” project is defined as a project with residential, retail, and/or commercial uses, a transit station, a school, or a Item: 7
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2025 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 Land Use and Climate Innovation 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.

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2025 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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2025 City of Lake Forest Guidelines 8-4 ©Best Best & Krieger LLP e) SUPPLEMENTAL EIR
The City may choose to prepare a Supplemental EIR, rather than a Subsequent EIR, if any of the conditions described in Local Guidelines Section 8) d) have occurred but only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. To assist the City in making this determination, the decision making body should request an Initial Study and/or a recommendation by Staff. The Supplemental EIR need contain only the information necessary to make the previous EIR adequate for the project as revised.

A Supplemental EIR shall be given the same kind of notice and public review as is given to a DEIR but may be circulated by itself without recirculating the previous EIR.

When the decision making body decides whether to approve the project, it shall consider the previous EIR as revised by the Supplemental EIR. Findings pursuant shall be made for each significant effect identified in the Supplemental EIR.
(Reference: State CEQA Guidelines, § 15163.)
f) SUBSEQUENT NEGATIVE DECLARATION
When a Negative Declaration has been adopted for a project, or when an EIR has been certified, a subsequent Negative Declaration or EIR must be prepared in the following instances:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or the Negative Declaration was adopted which shows any of the following:
(a) The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration;
(b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(c) Mitigation measure(s) or alternative(s) previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents declined to adopt the mitigation measure(s) or alternative(s); or
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2025 City of Lake Forest Guidelines 8-5 ©Best Best & Krieger LLP (d) Mitigation measure(s) or alternative(s) which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure(s) or alternative(s).

The City as Lead Agency would then determine whether a Subsequent EIR, Supplemental EIR, Negative Declaration or Addendum would be applicable. Subsequent Negative Declarations must be given the same notice and public review period as other Negative Declarations. The Subsequent Negative Declaration shall state where the previous document is available and can be reviewed.
(Reference: State CEQA Guidelines, § 15162.)
g) ADDENDUM TO AN EIR
The City shall prepare an Addendum to an EIR, rather than a Subsequent or Supplemental EIR, if none of the conditions described in Local Guidelines Section 8) d) or 8) e) calling for preparation of a Subsequent or Supplemental EIR have occurred. Since significant effects on the environment were addressed by findings in the original EIR, no new findings are required in the Addendum.

An Addendum to an EIR need not be circulated for public review but should be included in or attached to the Final EIR. The decision making body shall consider the Addendum with the Final EIR prior to making a decision on a project. A brief explanation of the decision not to prepare a Subsequent EIR or a Supplemental EIR should be included in the Addendum, the Lead Agency’s findings on the project, or elsewhere in the record. This explanation must be supported by substantial evidence.
(Reference: State CEQA Guidelines, § 15164.)
h) ADDENDUM TO NEGATIVE DECLARATION
The City may prepare an addendum to an adopted Negative Declaration if only minor technical changes or additions are necessary. The City may also prepare an addendum to an adopted Negative Declaration when none of the conditions calling for a subsequent Negative Declaration have occurred. An addendum need not be circulated for public review but can be attached to the adopted Negative Declaration. The City shall consider the addendum with the adopted Negative Declaration prior to project approval. (Reference: State CEQA Guidelines, § 15164.)
i) STAGED EIR
When a large capital project will require a number of discretionary approvals from governmental agencies and one of the approvals will occur more than two years before construction will begin, a Staged EIR may be prepared. The Staged EIR covers the entire project in a general form or manner. A Staged EIR should evaluate a proposal in light of current and contemplated plans and produce an informed estimate of the environmental consequences of an Item: 7
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2025 City of Lake Forest Guidelines 8-6 ©Best Best & Krieger LLP entire project. The particular aspect of the project before the City for approval shall be discussed with a greater degree of specificity.

When a Staged EIR has been prepared, a Supplemental EIR shall be prepared when a later approval is required for the project and the information available at the time of the later approval would permit consideration of additional environmental impacts, mitigation measures, or reasonable alternatives to the project.
(Reference: State CEQA Guidelines, § 15167.)
j) PROGRAM EIR
A Program EIR is an EIR which may be prepared on an integrated series of actions that are related either:
(1) Geographically;
(2) As logical parts in a chain of contemplated actions; (3) In connection with the issuance of rules, regulations, plans or other general criteria to govern the conduct of a continuing program; or (4) As individual projects carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways.

An advantage of using a Program EIR is that it can “[a]llow the lead agency to consider broad policy alternatives and program wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts.” (State CEQA Guidelines, § 15168(b)(4).) A Program EIR is distinct from a project EIR, as a project EIR is prepared for a specific project and must examine in detail site-specific considerations. Program EIR’s are commonly used in conjunction with the process of tiering.

Tiering is the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs. (See State CEQA Guidelines section 15385; see also Local Guidelines Sections 8) b) and 11.63.) Tiering is proper “when it helps a public agency to focus upon the issues ripe for decision at each level of environmental review and in order to exclude duplicative analysis of environmental effects examined in previous environmental impact reports.” (Pub. Res. Code, § 21093(a).) For example, the California Supreme Court recently ruled that a Program EIR is consistent with CEQA if it identifies potential sources of water and analyzes the associated environmental effects in general terms. Rather, identification of specific sources and environmental effects is required only at the second-tier stage when specific projects are considered. (In re Bay-Delta etc. (2008) 43 Cal. 4th 1143.) Subsequent activities in the program must be examined in light of the Program EIR to determine whether additional environmental documents must be prepared. Whether a later activity is within the scope of a Program EIR is a factual question that the City must determine based on substantial evidence in the record. Factors that the City may consider in making that determination include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental Item: 7
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2025 City of Lake Forest Guidelines 8-7 ©Best Best & Krieger LLP impacts, and covered infrastructure, as described in the Program EIR. Additional environmental review documents must be prepared if the proposed later project may arguably cause significant adverse effects on the environment.
(Reference: State CEQA Guidelines, § 15168.)
k) MASTER EIR
A Master EIR is an EIR which may be prepared for:
(1) A general plan (including elements and amendments); (2) A specific plan;
(3) A project consisting of smaller individual projects to be phased; (4) A regulation to be implemented by subsequent projects; (5) A project to be carried out pursuant to a development agreement; (6) A project pursuant to or furthering a redevelopment plan; (7) A state highway or mass transit project subject to multiple reviews or approvals; or (8) A regional transportation plan or congestion management plan.

A Master EIR must do both of the following:
(1) Describe and present sufficient information about anticipated subsequent projects within its scope, including their size, location, intensity, and scheduling; and (2) Preliminarily describe potential impacts of anticipated subsequent projects for which insufficient information is available to support a full impact assessment.

The City and Responsible Agencies identified in the Master EIR may use the Master EIR to limit environmental review of subsequent projects. However, the Lead Agency for the subsequent project must prepare an Initial Study to determine whether the subsequent project and its significant environmental effects were included in the Master EIR. If the Lead Agency for the subsequent project finds that the subsequent project will have no additional significant environmental effect and that no new mitigation measures or alternatives may be required, it may prepare written findings to that effect without preparing a new environmental document. When the Lead Agency makes this finding, it must provide public notice of the availability of its proposed finding for public review and comment in the same manner as if it were providing public notice of the availability of a DEIR. (See Sections 15177(d) and 15087 of the State CEQA Guidelines and Section 7)kk)of these Local Guidelines.)
A previously certified Master EIR cannot be relied upon to limit review of a subsequent project if:
(1) A project not identified in the certified Master EIR has been approved and that project may affect the adequacy of the Master EIR for the subsequent project now under consideration; or
(2) The Master EIR was certified more than five (5) years before the filing of an application for the subsequent project, unless the City reviews the adequacy of the Master EIR and:

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2025 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: 7
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2025 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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2025 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, including staff notes and memoranda, related to the project or to compliance with CEQA, to the extent such documents are subject to public disclosure. The administrative record need not include communications that are of a logistical nature, such as meeting invitations or scheduling communications. The administrative record further may not include material that is subject to a privilege contained in the Evidence Code or material that is subject to an exemption set forth in the California Public Records Act; 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;
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2025 City of Lake Forest Guidelines 9-3 ©Best Best & Krieger LLP (2) The Notice of Determination;
(3) The resolutions or ordinances adopted by the Lead Agency approving the project; (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 provides the Lead Agency notice that it elects to prepare the record, or (2) by the Lead Agency. If the petitioner provides notice that it elects to prepare the administrative record, the Lead Agency may, within five (5) business days of receiving such notice, deny the petitioner’s request to prepare the record. In this circumstance, the Lead Agency may prepare the administrative record itself despite the petitioner’s election. The petitioner and the Lead Agency can also agree on any alternative method of preparing the record, such as having the project applicant prepare the administrative 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 Item: 7
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2025 City of Lake Forest Guidelines 9-4 ©Best Best & Krieger LLP so desire to pursue concurrent record preparation, the parties must comply with the provisions of Public Resources Code section 21167.6.2.
(See Pub. Resources Code, § 21167.6.)
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 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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2025 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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2025 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: 7
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2025 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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(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.

(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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2025 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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(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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(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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(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: 7
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2025 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: 7
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2025 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: 7
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2025 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: 7
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2025 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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2025 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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2025 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 Land Use and Climate Innovation.

(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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2025 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: 7
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2025 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.

(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: 7
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2025 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: 7
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2025 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: 7
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2025 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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2025 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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2025 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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2025 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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2025 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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2025 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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2025 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: 7
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2025 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: 7
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2025 City of Lake Forest Guidelines 10-27 ©Best Best & Krieger LLP e) INTERIM MOTEL HOUSING.
“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.)
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: 7
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2025 City of Lake Forest Guidelines 10-28 ©Best Best & Krieger LLP Exemption shall be filed within two working days after the approval or determination becomes final.
(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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2025 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.

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.

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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2025 City of Lake Forest Guidelines 10-33 ©Best Best & Krieger LLP (e) The property is vacant and zoned for housing but not for multifamily residential use.
(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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2025 City of Lake Forest Guidelines 10-34 ©Best Best & Krieger LLP Additional requirements apply to projects within a neighborhood plan area as of January 1, 2024, as set forth in Government Code section 65912.121(i).

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.)
j) A RESPONSIBLE AGENCY’S PROVISION OF FINANCIAL ASSISTANCE OR

INSURANCE FOR THE DEVELOPMENT AND CONSTRUCTION OF AFFORDABLE HOUSING.

Action taken by a local agency that is acting as a responsible agency – not as a lead agency – to provide financial assistance or insurance for the development and construction of residential housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, is exempt from CEQA if the project that is the subject of the application for financial assistance or insurance will be subject to CEQA review by another public agency. This includes a local agency’s approval of contracts that provide residential, counseling, and security services for people experiencing homelessness. (Reference: Pub. Resources Code, § 21080.10.)
k) EXEMPTION FOR SPECIFIED AFFORDABLE HOUSING PROJECTS.

If the conditions and requirements set forth in Public Resources code section 21080.40 are met, the following public agency action relating to an “affordable housing project” shall be exempt from CEQA :

1. The issuance of an entitlement by a public agency for an affordable housing project.

2. An action to lease, convey, or encumber land owned by a public agency for an affordable housing project.

3. An action to facilitate the lease, conveyance, or encumbrance of land owned or to be purchased by a public agency for an affordable housing project.

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4. Rezoning, specific plan amendments, or general plan amendments required specifically and exclusively to allow the construction of an affordable housing project.

5. An action to provide financial assistance in furtherance of implementing an affordable housing project.

Section 21080.40 of the Public Resources Code defines “affordable housing project” as a project that meets the following requirements:
 The project consists of multifamily residential uses only or a mix of multifamily residential and nonresidential uses;
 At least two-thirds of the square footage of the project is designated for residential use;  All of the project’s residential units, excluding managers’ units, are dedicated to lower income households, as defined by Health & Safety Code section 50079.5;  The project meets the labor requirements set forth in Government Code section 65912.130, or Government Code section 65912.131 if the project has 50 or more residential units;
 The project is located on a parcel in any of the following locations: (i) an urbanized area or urban cluster, as designated by the United States Census Bureau, (ii) within one-half mile walking distance to either a high-quality transit corridor or a major transit stop, (iii) a very low vehicle travel area (defined as an urbanized area where existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita), or (iv) proximal to six or more certain specified amenities, including within one-half mile of a bus station or ferry terminal, or within one mile (or two miles if in a rural area) of a supermarket or grocery store, public park, community center, pharmacy or drugstore, medical clinic or hospital, public library, or a school; and  Parcels that are developed with urban uses must adjoin at least 75 percent of the perimeter of the project site or at least three sides of a four-sided project site.

To qualify for this exemption, the affordable housing project must meet a series of requirements set forth in Public Resources Code section 21080.40. The requirements include that the affordable housing project be subject to a recorded California Tax Credit Allocation Committee regulatory agreement for at least 55 years upon completion of construction, and that the project site must be adequately served by existing utilities or extensions. In addition, the public agency must confirm that the project is not built on environmentally sensitive or hazardous land; that the project will not have significant and unavoidable tribal cultural resource impacts; that a Phase I environmental assessment was prepared and any hazardous substances on the site have been remediated; and if the project site is not permitted for multifamily housing, that none of the housing is located within 500 feet of a freeway or within 3,200 feet of a facility that actively extracts or Item: 7
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2025 City of Lake Forest Guidelines 10-36 ©Best Best & Krieger LLP refines soil or natural gas; and that the project site is not within a very high fire hazard severity zone.

If a lead agency determines that the affordable housing project is exempt from CEQA pursuant to this provision, it must file a notice of exemption with the Office of Land Use and Climate Innovation and the county clerk of each county in which the project is located. (Reference: Pub. Resources Code, § 21080.40.)
l) MINISTERIAL APPROVAL OF HOUSING DEVELOPMENTS ON LAND OWNED BY

INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION AND RELIGIOUS INSTITUTIONS.

A “housing development project” is not subject to CEQA if it meets the criteria and requirements set forth in Government Code section 65913.16. To qualify for the exemption, a housing development project must, among other things, meet the following requirements:

1. The housing development project must be located on land owned on or before January 1, 2024 by an independent institution of higher education or a religious institution, including ownership through an affiliated or associated nonprofit public benefit corporation organized pursuant to the Nonprofit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code).

2. The housing development project must consist of residential units only; constitute a mixed-use development consisting of residential and non-residential uses with at least two-thirds of the square footage designated for residential use; or consist of transitional housing or supportive housing.

3. The housing development project must meet certain affordability requirements.

One hundred percent of the development project’s total units, exclusive of a manager’s unit or units, must be for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the total units in the development may be for moderate-income households, as defined in Section 50052 of the Health and Safety Code, and 5 percent of the units may be for staff of the independent institution of higher education or religious institution that owns the land.

4. The project must be subject to specified labor and prevailing wage requirements.

The exemption is subject to a lengthy series of locational and other requirements, set forth in Government Code section 65913.16.
(Reference: Gov. Code, § 65913.16.)
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2025 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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2025 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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2025 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 “LCI” refers to the Governor’s Office of Land Use and Climate Innovation (formerly known as the Office of Planning and Research, or OPR).

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11.33 “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.

11.34 “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.

11.35 “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.

11.36 “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.

11.37 “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.

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11.38 “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 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).)

11.39 “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.

11.40 “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.

11.41 “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.

11.42 “Notice of Completion” means a brief report filed with the Office of Land Use and Climate Innovation 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.

11.43 “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.

11.44 “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 Item: 7
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2025 City of Lake Forest Guidelines 11-9 ©Best Best & Krieger LLP by an applicant where such a determination has been made by a public agency which must approve the project.

11.45 “Notice of Preparation” means a brief notice sent by a Lead Agency to notify the Responsible Agencies, Trustee Agencies, the Office of Land Use and Climate Innovation, and involved federal agencies that the Lead Agency plans to prepare an EIR for a 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.

11.46 “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.

11.47 “Pipeline” as defined in these Local Guidelines depends on the context. Please see Local Guidelines Sections 3)y) and 3)3)z) for specific definitions.

11.48 “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 11.49.

11.49 “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.

The presence of any real degree of control over the manner in which a project is completed makes it a discretionary project.

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Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS

2025 City of Lake Forest Guidelines 11-10 ©Best Best & Krieger LLP The term “project” refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term “project” does not mean each separate governmental approval.

11.50 “Project-Specific Effects” means all the direct or indirect environmental effects of a project other than cumulative effects and growth-inducing effects. (Public Resources Code section 21065.3; State CEQA Guidelines section 15191(j).)

11.51 “Public Water System” means a system for the provision of piped water to the public for human consumption that has 3000 or more service connections. A public water system includes all of the following: (A) Any collection, treatment, storage, and distribution facility under control of the operator of the system which is used primarily in connection with the system; (B) Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system; (C) Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. (State CEQA Guideline Section 15155.)

11.52 “Residential” means a use consisting of either of the following: (1) Residential units only. (2) Residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 15 percent of the total floor area of the project. Residential, pursuant to State CEQA Guidelines section 21159.24, shall mean a use consisting of either of the following:
(1) Residential units only.
(2) Residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 25 percent of the total building square footage of the project.

11.53 “Responsible Agency” means a public agency which proposes to carry out or approve a project for which a Lead Agency has prepared the environmental documents. For the purposes of CEQA, the term “Responsible Agency” includes all federal, state, regional and local public agencies other than the Lead Agency which have discretionary approval power over the project.

11.54 “Riparian Areas” mean those areas transitional between terrestrial and aquatic ecosystems and that are distinguished by gradients in biophysical conditions, ecological processes, and biota. A riparian area is an area through which surface and subsurface hydrology connect waterbodies with their adjacent uplands. A riparian area includes those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems. A riparian area is adjacent to perennial, intermittent, and ephemeral streams, lakes, and estuarine- marine shorelines.

Item: 7
475

Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS

11.55 “Roadway” means a roadway as defined pursuant to Section 530 of the Vehicle Code and the previously graded and maintained shoulder that is within a roadway right-of-way of no more than five feet from the edge of the roadway.

11.56 “Significant Effect” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the activity including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. A social or economic change related to a physical change may be considered in determining whether the physical change is significant.

11.57 “Significant Value as Wildlife Habitat” includes wildlife habitat of national, statewide, regional, or local importance; habitat for species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531, et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code); habitat identified as candidate, fully protected, sensitive, or species of special status by local, state, or federal agencies; or habitat essential to the movement of resident or migratory wildlife.

11.58 “Special Use Airspace” means the land area underlying the airspace that is designated for training, research, development, or evaluation for a military service, as that land area is established by the United States Department of Defense Flight Information Publication, “Area Planning: Special Use Airspace: North and South America (AP/1A)” published by the United States National Imagery and Mapping Agency or its successor.

11.59 “Staff” means the City Manager, the Development Services Director, or his or her designee.

11.60 “Standard” means a standard of general application that is all of the following:
(1) A quantitative, qualitative or performance requirement found in a statute, ordinance, resolution, rule, regulation, order, or other standard of general application;
(2) Adopted for the purpose of environmental protection; (3) Adopted by a public agency through a public review process; (4) Governs the same environmental effect which the change in the environment is impacting; and Governs the jurisdiction where the project is located.

The definition of “standard” includes any thresholds of significance adopted by the City which meet the requirements of this Section.

Item: 7
476

Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS

2025 City of Lake Forest Guidelines 11-12 ©Best Best & Krieger LLP If there is a conflict between standards, the City shall determine which standard is appropriate based upon substantial evidence in light of the whole record.

11.61 “State CEQA Guidelines” means the Guidelines for Implementation of the California Environmental Quality Act as adopted by the Secretary of the California Resources Agency as they now exist or hereafter may be amended. (California Administrative Code, Title 14, Sections 15000, et seq.)

11.62 “Substantial Evidence” means reliable information on which a fair argument can be based to support an inference or conclusion, even though another conclusion could be drawn from that information. “Substantial evidence” includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. “Substantial evidence” does not include argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment.

11.63 “Sustainable Communities Strategy” is an element of a Regional Transportation Plan, which must be adopted by the metropolitan planning organization for the region. (See Local Guidelines Section 11.36.) The Sustainable Communities Strategy is an integrated land use and transportation plan intended to reduce greenhouse gases. The Sustainable Communities Strategy includes various components such as: consideration of existing densities and uses within the region, identification of areas within the region that can accommodate an eight-year projection of the region’s housing needs, development of projections for growth in the region, identification of existing transportation networks, and preparation of a forecast for development pattern for the region that can be integrated with transportation networks.

11.64 “Tiering” means the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs or ultimately site-specific EIRs incorporating by reference the general discussions and concentrating solely on the issues specific to the EIR subsequently prepared.

Tiering is appropriate when the sequence of EIRs is:
(1) From a general plan, policy, or program EIR to a program, plan, or policy EIR of lesser scope or to a site-specific EIR;
(2) From an EIR on a specific action at an early stage to a subsequent EIR or a supplement to an EIR at a later stage. Tiering in such cases is appropriate when it helps the Lead Agency to focus on the issues which are ripe for decision and exclude from consideration issues already decided or not yet ripe.
(Public Resources Code §§ 21003, 21061 and 21100.)
Item: 7
477

Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS

11.65 “Transit Priority Area” means an area within one-half mile of a major transit stop that is existing or planned, if the planned stop is schedule to be completed within the planning horizon included in a Transportation Improvement Program adopted pursuant to Section 450.216 or 450.322 of Title 23 of the Code of Federal Regulations.

11.66 “Transit Priority Project” means a mixed use project that 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 for which the California Air Resources Board 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. Such a project may be exempt from CEQA if a detailed laundry list of requirements is met.

To qualify for the exemption, the Transit Priority Project must:
(1) contain at least 50 percent residential use based on total building square footage
(2) if the project contains between 26 percent and 50 percent non-residential uses, the floor-to-area ratio (FAR) must be at least 0.75; (3) have a minimum net density of 20 dwelling units per acre; (4) be located within a half mile of a major transit stop or high-quality transit corridor included in a regional transportation plan; and (5) meet all the requirements of Public Resources Code section 21155.1.

11.67 “Transportation Facilities” includes major local arterials and public transit within five (5) miles of the project site and freeways, highways, overpasses, on-ramps, off- ramps, and rail transit service within ten (10) miles of the project site.

11.68 “Tribal Cultural Resources” are either of the following:
(1) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following:
(a) Included or determined to be eligible for inclusion in the California Register of Historical Resources.
(b) Included in a local register of historic resources as defined in subdivision (k) of Section 5020.1.
(2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in Item: 7
478

Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS

2025 City of Lake Forest Guidelines 11-14 ©Best Best & Krieger LLP subdivision (c) of Section 5024.1 for the purposes of this definition, the lead agency shall consider the significance of the resource to a California Native American tribe.

A cultural landscape that meets the criteria set forth above is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape.

A historic resource described in Section 21084.1, a unique archaeological resource as defined in subdivision (g) of Section 21083.2, or a “nonunique archaeological resource” as defined in subdivision (h) of Section 21083.2 may also be a tribal cultural resource if it conforms with the criteria of Tribal cultural resources.

11.69 “Trustee Agency” means a State agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. Trustee Agencies may include, but are not limited to, the following:
(1) The California Department of Fish and Wildlife (“DFW”) with regard to the fish and wildlife of the state, designated rare or endangered native plants, and game refuges, ecological reserves, and other areas administered by DFW.
(2) The State Lands Commission with regard to state owned “sovereign” lands such as the beds of navigable waters and state school lands. (3) The State Department of Parks and Recreation with regard to units of the State Park System.
(4) The University of California with regard to sites within the Natural Land and Water Reserve System.
(5) The State Water Resources Control Board with respect to surface waters.

11.70 “Urbanized Area” means either of the following: (1) an incorporated city that either by itself or in combination with two contiguous incorporated cities has a population of at least 100,000 persons; or (2) an unincorporated area that meets the requirements set forth in (A) and (B) below.
(A) The unincorporated area must meet one of the following location or density requirements:
(1) the unincorporated area must be:
(i) completely surrounded by one or more incorporated cities, Item: 7
479

Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS

2025 City of Lake Forest Guidelines 11-15 ©Best Best & Krieger LLP (ii) have a population level of at least 100,000 persons either by itself or in combination with the surrounding incorporated city or cities, and
(iii) have a population density that at least equals the population density of the surrounding city or cities; or
(2) the unincorporated area must be located within an urban growth boundary and have an existing residential population of at least 5,000 persons per square mile. For purposes of this subparagraph, an “urban growth boundary” means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side.
(B) The board of supervisors with jurisdiction over the unincorporated area must have taken the following steps:
(1) The board has prepared a draft document by which the board would find that the general plan, zoning ordinance, and related policies and programs applicable to the unincorporated area are consistent with principles that:
(i) encourage compact development in a manner that promotes efficient transportation systems, economic growth,
affordable housing, energy efficiency, and an appropriate balance of jobs and housing, and
(ii) protects the environment, open space, and agricultural areas. (2) The board has submitted the draft document to LCI and allowed LCI thirty days to submit comments on the draft findings to the board. (3) No earlier than thirty days after submitting the draft document to LCI, the board has adopted a final finding in substantial conformity with the draft finding described in the draft document referenced above in (B)(1).

11.71 “Water Acquisition Plans” means any plans for acquiring additional water supplies prepared by the public water system or a city or county lead agency pursuant to subdivision (a) of section 10911 of the Water Code.

11.72 “Water Assessment” or “Water Supply Assessment” means the water supply assessment that must be prepared by the governing body of a public water system, or the City, pursuant to and in compliance with sections 10910 to 10915 of the Water Code, and that includes, without limitation, the elements of the assessment required to comply with subdivisions (d), (e), (f), and (g) of section 10910 of the Water Code.

Item: 7
480

Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS

11.73 “Water Demand Project” means any one of the following:
(1) A residential development of more than 500 dwelling units; (2) A shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space; (3) A commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space;
(4) A hotel or motel, or both, having more than 500 rooms; (5) An industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area;
(6) Except, a proposed photovoltaic or wind energy generation facility approved on or after October 8, 2011, is not a Water Demand Project if the facility would demand no more than 75 acre-feet of water annually. (7) A mixed-use project that includes one or more of the projects specified in subdivisions (1); (2), (3), (4), (5), (6) and (8);
(8) A project that would demand an amount of water equivalent to, or greater than, the amount of water; required by a 500 dwelling unit project; (9) For public water systems with fewer than 5,000 service connections, a project that meets the following criteria:
(a) A proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of a public water system’s existing service connections; or
(b) A mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system’s existing service connections. (State Guideline Section 15155.)

11.74 “Waterway” means a bay, estuary, lake, pond, river, slough, or a perennial, intermittent, or ephemeral stream, lake, or estuarine-marine shoreline.

11.75 “Wetlands” has the same meaning as that term is construed in the regulations issued by the United States Army Corps of Engineers pursuant to the Clean Water Act. Thus, “wetlands” means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for Item: 7
481

Local Guidelines for Implementing the
California Environmental Quality Act (2025) DEFINITIONS

2025 City of Lake Forest Guidelines 11-17 ©Best Best & Krieger LLP life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Public Resources Code section 21159.21(d), incorporating Title 33, Code of Federal Regulations, Section 328.3.)

11.76 “Wildlife Habitat” means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. (Public Resources Code section 21159.21.)

11.77 “Zoning Approval” means any enactment, amendment, or appeal of a zoning ordinance; granting of a conditional use permit or variance; or any other form of land use, subdivision, tract, or development approval required from the city or county having jurisdiction to permit the particular use of the property.

Item: 7
482

Local Guidelines for Implementing the
California Environmental Quality Act (2025) FORMS

2025 City of Lake Forest Guidelines 12-1 ©Best Best & Krieger LLP 12) FORMS
See Forms A-S which accompany these Guidelines.

Item: 7
483

Local Guidelines for Implementing the
California Environmental Quality Act (2025) COMMON ACRONYMS

2025 City of Lake Forest Guidelines 13-1 ©Best Best & Krieger LLP 13) COMMON ACRONYMS
ADEIR – Administrative Draft Environmental Impact Report AQMD – Air Quality Management District
AQMP – Air Quality Management Plan
AR – Administrative Record
ARB – Air Resources Board
**************************************************
BMP – Best Management Practices
BO – Biological Opinion
**************************************************
Cal EPA – California Environmental Protection Agency
CAP – Climate Action Plan
CCAA – California Clean Air Act
CCR – California Code of Regulations (Title 14 Sections 15000 et seq CE – Categorical Exclusion (NEPA)
CESA – California Endangered Species Act
CEQA – California Environmental Quality Act
CFR – Code of Federal Regulations
CMP – Congestion Management Plan
CRWQCB – California Regional Water Quality Control Board **************************************************
DEIR – Draft Environmental Impact Report
DFW – Department of Fish and Wildlife
**************************************************
EA – Environmental Assessment (NEPA term)
EIR – Environmental Impact Report
EIS – Environmental Impact Statement (NEPA term)
EPA – Environmental Protection Agency
ESA – Endangered Species Act; Environmental Site Assessment **************************************************
FCAA – Federal Clean Air Act
FEIR – Final Environmental Impact Report
FOIA – Freedom of Information Act (Federal)
FONSI – Finding of No Significant Impact (NEPA term)
FWS – Fish and Wildlife Service
**************************************************
GHG – Greenhouse Gas
Item: 7
484

Local Guidelines for Implementing the
California Environmental Quality Act (2025) COMMON ACRONYMS

2025 City of Lake Forest Guidelines 13-2 ©Best Best & Krieger LLP GW – Ground Water
**************************************************
HH&E – Human Health and Environment
HRA – Health Risk Assessment
HS – Hazardous Substance
**************************************************
IS – Initial Study
**************************************************
**************************************************
**************************************************
LADD – Lifetime Average Daily Dose; Lowest Acceptable Daily Dose LEA – Local Enforcement Agency
LCI – Office of Land Use and Climate Innovation (formerly Office of Planning and Research or OPR)
LESA – Land Evaluation and Site Assessment
LUFT – Leaking Underground Fuel Tank
LUST – Leaking Underground Storage Tanks
**************************************************
MEIR – Master Environmental Impact Report
MMRP – Mitigation Monitoring and Reporting Plan
MPO – Metropolitan Planning Organization
MND – Mitigated Negative Declaration
**************************************************
ND – Negative Declaration
NEPA – National Environmental Policy Act
NOA – Notice of Availability
NOC – Notice of Completion
NOD – Notice of Determination
NOE – Notice of Exemption
NOI – Notice of Intent
NOP – Notice of Preparation
NOV – Notice of Violation
**************************************************
**************************************************
PEIR – Program Environmental Impact Report
Item: 7
485

Local Guidelines for Implementing the
California Environmental Quality Act (2025) COMMON ACRONYMS

2025 City of Lake Forest Guidelines 13-3 ©Best Best & Krieger LLP PM – Particulate Matter
PRA – Public Records Act
PSA – Permit Streamlining Act
**************************************************
**************************************************
RCRA – Resource Conservation and Recovery Act (1976) Governs definition, handling, and disposal of hazardous waste
**************************************************
SCH – State Clearinghouse
SEIR – Supplemental or Subsequent Environmental Impact Report SMARA – Surface Mining and Reclamation Act
SWMP – Stormwater Monitoring Program
SWPPP – Stormwater Pollution Prevention Program
**************************************************
TCM – Transportation Control Measure
TCP – Transportation Control Plan
TDS – Total Dissolved Solids
TMP – Transportation Management Plan
Title V – refers to Title V of the Clean Air Act related to ambient air quality provisions TLV – Threshold Limit Value
**************************************************
UBC – Uniform Building Code
UFC – Uniform Fire Code
UGST – Underground Storage Tank
USDW – Underground Source of Drinking Water
UWMP – Urban Water Management Plan
**************************************************
VOC – Volatile Organic Compounds (Health & Safety Code, Section 25123.6.) VOS – Vehicle Operating Survey
**************************************************
WQS – Water Quality Standard
WSA – Water Supply Assessment
WTP – Water Treatment Plant
WWTP – Wastewater Treatment Plan
**************************************************

Item: 7
486

CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/17/2025
DEPARTMENT: Public Works
SUBJECT:

ADOPTION OF LIST OF PROJECTS FUNDED BY SENATE BILL 1: THE ROAD

REPAIR AND ACCOUNTABILITY ACT
RECOMMENDED ACTION(S):

1. Approve Senate Bill 1: The Road Repair and Accountability Act Project List forms for Fiscal Year 2025-26.

2. Adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF LAKE FOREST, CALIFORNIA, CONCERNING THE LIST OF PROJECTS FOR FISCAL YEAR 2025/26 FUNDED BY SB1: THE
ROAD REPAIR AND ACCOUNTABILITY ACT.

3. Authorize the Director of Public Works to forward the Fiscal Year 2025-26 project list to the California Transportation Commission, as required under Road Repair and Accountability Act of 2017.

EXECUTIVE SUMMARY:

Senate Bill 1: The Road Repair and Accountability Act (“SB1”), enacted in 2017, established the Road Maintenance and Rehabilitation Account (“RMRA”), a funding source for California’s transportation system intended to address deferred maintenance on state highways and local roadway systems. As part of the SB1 eligibility requirements, the City is required to submit a resolution detailing the City’s road maintenance and rehabilitation projects for the upcoming fiscal year to the California Traffic Commission to qualify to receive SB1 funding (“Resolution”).

The following projects may be partially or fully funded by SB1 funds:
•Annual Residential Slurry Seal: Zone D and Zone E.
•Street Resurfacing: portions of Lake Forest from Bake Pkwy to I-5 Fwy. •Street Resurfacing: portions of El Toro Road from Glenn Ranch Road to I-5. •Street Resurfacing: portions of Bake Parkway from Rancho Parkway South to South Pointe Drive, and
•Street Resurfacing: El Toro from Jeronimo to Trabuco.

Item: 8
487

The Governor’s budget projections in January 2025 anticipated SB1 funding for the City of Lake Forest to be approximately $2,280,423. Staff recommends the City Council approve SB1 Project List forms for FY 2025-26, adopt the proposed Resolution, and authorize the Acting Director of Public Works to forward the required documents to the California Transportation Commission, as required under the Road Repair and Accountability Act of 2017.

BACKGROUND:

SB1 was passed by the California Legislature and signed into law in 2017. SB1 raises over $5 billion per year for transportation infrastructure improvements in the RMRA state fund. SB1 funding is a population-based allocation funded by the following taxes enacted by the law: 12-cent gasoline excise tax, 20 cent diesel fuel excise tax, state transportation improvement fees, and transportation loan repayments. On October 18, 2017, the California Transportation Commission (“CTC”) adopted the Amended Annual Reporting Guidelines for 2017 Local Streets and Roads Funding related to SB1. To receive funding under the SB1 program, the City must submit a list of projects to the CTC at the beginning of each fiscal year, as well as project expenditure reports at the end of each fiscal year.

DISCUSSION:

To remain eligible for SB1 funding, the City is required to submit an initial project list to the CTC by July 1, 2025 (Attachment 1), for the upcoming fiscal year. SB1 allows the City to substitute different projects as necessary during the fiscal year provided changes are reported in the project expenditure reports at the end of each fiscal year. Staff will monitor the funding projections and utilize these program provisions to adjust the City’s projects to match the actual funding available.

The 2025-2032 Capital Improvement Plan (“CIP”) includes $8,700,000 for Street Resurfacing and Slurry Seal projects in Fiscal Year 2025-26 (Attachment 2).

There are four funding sources utilized for the Street Resurfacing and Slurry Seal projects: Measure M2 ($2,100,000), SB1 ($3,025,000), City Road Infrastructure Fund ($3,100,000), and Solid Waste Pavement Impact Fund ($475,000).

The Measure M2 funding is based on an Orange County projection. The SB1 funding is based on the Governor’s budget projections at the time of the proposed 2025-2032 CIP budget creation. Because the Governor’s budget is periodically updated, the City may need to adjust the revenue projection for SB1 funds during Fiscal Year 2025-26. The January 2025 budget projection for Lake Item: 8
488

Forest SB1 funds is $2,280,423. The Infrastructure Reserve funding is a portion of one-time funds approved by the City Council. Staff will continue to monitor any changes to these funding projections. These funding sources may cover a portion of each project or an entire project.

The City’s adopted CIP budget refers to SB1 as a source of funding for the Street Resurfacing and Slurry Seal Projects. SB1 requires that each project include its estimated useful lifespan and a description of its specific location. To ensure the City’s SB1 projects meet the required criteria, the proposed Resolution (Attachment 3) includes the following language adding the estimated useful life, project limits, and construction dates for the following projects:

Annual Slurry Seal, Zone D (26S01A) - The slurry sealing of non-arterial public streets in Zone D, the neighborhood between Trabuco Rd. and Portola Parkway, North of Lake Forest Drive. This project would provide an estimated useful life of 7 to 10 years. Construction tentative start date is in August 2025 with a tentative end date in March 2026.

Annual Slurry Seal, Zone E (27S01C) - The slurry sealing of non-arterial public streets in Zone E, the neighborhood between Trabuco Rd. and Portola Parkway, South of Lake Forest Drive. This project would provide an estimated useful life of 7 to 10 years. Pre-construction design, document preparation and estimating have a tentative start date in June 2026 and a tentative end date in March 2027.

Street Resurfacing: El Toro from Jeronimo to Trabuco - This road rehabilitation project would grind and overlay El Toro Road from Jeronimo to Trabuco. This project would provide an estimated useful life of 10 to 15 years. Construction tentative start date is in September 2025 with a tentative end date in September 2026.

Street Resurfacing: portions of Lake Forest from Bake Pkwy to I-5 Fwy - The road rehabilitation project would grind and overlay portions of Lake Forest Drive from Bake Pkwy to I-5 Fwy. This project would provide an estimated useful life of 10 to 15 years. Pre-construction design, document preparation and estimating started in February 2023 with a tentative completion date in December 2027.

Street Resurfacing: portions of El Toro Rd from Glenn Ranch Rd to I- 5 - The road rehabilitation project would grind and overlay portions of Lake Forest Drive from Bake Pkwy to I-5 Fwy. This project would provide an estimated useful life of 10 to 15 years. Pre-construction design, document preparation and estimating started in April 2023 and is anticipated to be completed in December 2028.

Item: 8
489

Street Resurfacing: portions of Bake Pkwy from Rancho Pkwy South to South Pointe Dr (26S01B and 27S01D) - The road rehabilitation project would grind and overlay portions of Bake Parkway from Rancho Pkwy South to South Pointe Dr. This project would provide an estimated useful life of 10 to 15 years. Construction tentative start date is in August 2025 with a tentative end date in October 2027.

SB1 allows the City to substitute different projects as necessary during the fiscal year, provided it is reported in the project expenditure reports at the end of each fiscal year.

Staff recommends the City Council approve SB1 Project List forms for FY 2025- 26, adopt the proposed Resolution, and authorize the Acting Director of Public Works to forward the required documents to the California Transportation Commission, as required under the Road Repair and Accountability Act of 2017.

FISCAL IMPACT:

The City anticipates receiving approximately $2,280,423, based on population, from the Road Repair and Accountability Act (“SB1”) program to fund the City’s annual street resurfacing and slurry seal projects for Fiscal Year 2025-26.

ATTACHMENTS:

1. CTC SB1 Proposed Project List Forms

2. Street Resurfacing and Slurry Seal page from the Proposed 2025-2032 Capital Improvement Plan Budget

3. Resolution
Initiated By: Nazila Mokarram, Principal Civil Engineer Submitted By: Douglas A. Erdman, P.E., Acting Director of Public Works/City Engineer
Approved By: Debra Rose, City Manager
Item: 8
490

Attachment 1
Item: 8
491

Submittal Report
LSR-C19-FY25/26-5469-001
FY 25/26
Submittal Details
Program Agency Date Created Date Date
Local Streets and Roads
Address
City of Lake Forest 05/05/2025
State
05/16/2025
Zip Code
92630
City
100 Civic Center Dr
Contact
Lake Forest CA
Contact Title
Naz Mokarram
Contact Phone
(949) 461-3490
Avg. Network PCI
77 Principal Civil Engineer
Contact Email
[email protected]
Measurement Date
11/2024
Support Documentation Additional Information
Draft Resolution and Project List - Will be brought to City Council June 17th, 2025 meeting for action.

N/A
Item: 8
492

Project Details
Useful
LifeEst. Schedule
Priority
StatusTitle
Street
Description Location Component
Pre-
Constructio
n
Start Complete Min Max Assem Senate
This project will include: Cost Estimating,
Document Preparation, Preliminary Design |
Resurfacing Design for Lake Forest Drive from
Bake Pkwy to I-5 Fwy
02/2023 12/2027Portions of Lake Forest
from Bake Pkwy to I-5 Fyw
In Progress
23/24Resurfacing:
portions of
Lake Forest
from Bake
Pkwy to I-5
Fwy
10 15 68 37
Street This project will include: ADA Curb Ramp
Rehab/Repair (Existing), Bicycle Lane
Rehab/Repair (Existing), Pavement Rehab/Repair
(Existing), Paving and/or Striping Rehab/Repair
(Existing Safety), Sidewalk and/or Crosswalk
Rehab/Repair (Existing), Traffic Signals,
Lights, and/or Signage Rehab/Repair (Existing
Safety)
Bake Parkway from Rancho
Parkway South to South
Pointe Drive
08/2025 10/2027Constructio
n
In Progress
23/24Resurfacing:
portions of
Bake Pkwy
from Rancho
Parkway
South to
South Pointe
Drive
10 15 68 37
Street This project will include: ADA Curb Ramp
Rehab/Repair (Existing), Pavement Rehab/Repair
(Existing), Paving and/or Striping Rehab/Repair
(Existing Safety), Sidewalk and/or Crosswalk
Rehab/Repair (Existing), Traffic Signals,
Lights, and/or Signage Rehab/Repair (Existing
Safety)
09/2025 09/2026El Toro Road from Jeronimo
to Trabuco
Constructio
n
In Progress
23/24Resurfacing:

El Toro from
Jeronimo to
Trabuco
10 15 68 37
Annual
Slurry Seal,
Zone D
This project will include: Pavement Rehab/Repair
(Existing), Paving and/or Striping Rehab/Repair
(Existing Safety), Sidewalk and/or Crosswalk
Rehab/Repair (Existing) | Design started in
November 2023
Neighborhood between
Trabuco Rd. and Portola
Parkway, North of Lake
Forest Drive.
08/2025
04/2023
03/2026
12/2028
Constructio
n
In Progress
23/24 7 10
15 68
68 37
37 Street Pre-
Constructio
n
This project will include: Cost Estimating,
Document Preparation, Preliminary Design
Portions of El Toro Rd from
Glenn Ranch Rd to I-5 Fwy
In Progress
23/24Resurfacing:
portions of
El Toro Rd
from Glenn
Ranch Rd to
I-5
10 Annual
Slurry Seal,
Zone E
The neighborhood between
Trabuco Rd. and Portola
Parkway, South of Lake
Forest Drive.

Pre-
Constructio
n
06/2026 03/2027This project will include: Cost Estimating, Document Preparation, Project Scope Development
Carried
Over 24/25 7 10 68 37
Item: 8
493

Attachment 2
Item: 8
494

Strategic Plan Priority Area: 2. Attractive: Investment and maintenance in public facilities, infrastructure, and natural resources that enhance the visual character of the City and supports quality neighborhoods
Strategic Plan Strategy: a) Enhance the City's overall visual character, maintain City assets and proactively reinvest in southwest Lake Forest.

PROJECT DESCRIPTION:

ESTIMATED ANNUAL COST IMPACT OF PROJECT ON CITY OPERATING BUDGET:

This project would provide preventive maintenance and/or rehabilitation, which would reduce annual maintenance costs over the life of the pavement by an estimated average of 30% (Source: American Public Works Association). Recurring resurfacing also reduces risk management costs.

This project provides asphalt overlays on arterial roadways and slurry seals on collector and residential streets as determined by the Pavement Management System. The system is designed to avoid expensive deferred maintenance.

Conformance with the system makes the City eligible for Measure M funding. In FY 2025-26, (26S01A) residential streets in Zone D will be slurried. In FY 2026-27 (27S01C) residential streets in Zone E1 will be slurried. In FY 2025-26 (26S01B) Bake Parkway from South Point Drive to Commercentre Drive will be resurfaced. In FY 2026-27 (27S01D) Bake Parkway from Commercentre Drive to Rancho Parkway South will be resurfaced. Maintaining a "Good" Pavement Condition Index, helps to sustain the quality of the pavement in the City and extend the useful life.

Asset Management Condition: N/A - Preventative Maintenance as part of the City's Pavement Management P
rogram
PURPOSE:

Strategic Plan Initiative: SP#1
Strategic Plan Goal: A. Our Livable City is well planned, attractive, and safe.

PROJECT NUMBER/NAME: 26S01A
RESPONSIBLE DEPARTMENT: Public Works (Engineering)
CATEGORY: Street Improvements
PROJECT NAME: Slurry Seal and Street Resurfacing - Residential Slurry Seal Project 1A Project Location
Project Location
1 of 2 S1 A - Zone D Slurry
Item: 8
495

FY FY FY FY FY
2025/26 2026/27 2027/28 2028/29 2029/30
Acquisition R/W
Pre-Design
Design
Const. Support 200,000$ 200,000$ 200,000$
Construction 2,400,000$ 2,400,000$ 2,400,000$
Miscellaneous
Contingency 250,000$ 250,000$ 250,000$
Total Estimate 2,850,000$
$ - 2,850,000 $ -$
2,850,000$

FY FY FY FY FY
2025/26 2026/27 2027/28 2028/29 2029/30
Measure M2 Local
Fairshare -
$
-$
-$

Gas Tax Road
Maintenance and
Rehabilitation
Account Fund
(RMRA SB1) 2,375,000$ 2,375,000$ 2,375,000$
City Road
Infrastructure Fund -
$
-$
-$

Solid Waste
Pavement Impact
Fund 475,000$ 475,000$ 475,000$
Total Revenu
e 2,850,000$ $ - 2,850,000 $ - $ 2,850,000$ FY FY
2030/31 2031/32
Acquisition R/W $ -
Pre-Design $ -
Design $ -
Const. Support
200,000$ $ 800,000
Construction 2,400,000$ $ 9,600,000
Miscellaneous $ -
Contingency
250,000$ $ 1,000,000
Total Estimate $ - 2,850,000 $ 11,400,000$ FY FY
2030/31 2031/32
Measure M2 Local
Fairshare
$ - -$
Gas Tax Road
Maintenance and
Rehabilitation
Account Fund 2,375,000$
9,500,000$
City Road
Infrastructure Fund
$ - -$

Solid Waste
Pavement Impact
Fund 475,000$ 1,900,000$
Total Revenu
e $ - 2,850,000 $ 11,400,000 $
Funding Source TOTAL
None

CURRENT AND FUTURE FUNDING

PROJECT

ESTIMATE
Funding Source

PROJECT

ESTIMATE TOTAL

PRIOR YEAR FUNDING
2 of 2 S1 A - Zone D Slurry
Item: 8
496

PROJECT NUMBER/NAME: 26S01B
PROJECT NAME: Slurry Seal and Street Resurfacing - Street Resurfacing Project 1B RESPONSIBLE DEPARTMENT: Public Works (Engineering)
CATEGORY: Street Improvements
PURPOSE:

Strategic Plan Initiative: SP#1
Asset Management Condition: N/A - Street Resurfacing Identified as part of the City's Pavement Management Program
Strategic Plan Goal: A. O
ur Livable City is well planned, attractive, and safe.

Strategic Plan Priority Area: 2. A
ttractive: Investment and maintenance in public facilities, infrastructure, and natural resources that enhance the v
isual character of the City and supports
quality
neighborhoods
Strategic Plan Strategy: a) Enhance the C
ity's overall visual character, maintain City assets and proactively reinvest in southwest Lake Forest.

PROJECT DESCRIPTION:

ESTIMATED ANNUAL COST IMPACT OF PROJECT ON CITY OPERATING BUDGET:

Project Location
Project Location
1 of 2 S1 B - Bake Resurface Ph 1
Item: 8
497

FY FY FY FY FY
2025/26 2026/27 2027/28 2028/29 2029/30
Acquisition R/W
Pre-Design
Design
Const. Support 500,000$ 500,000$ 500,000$
Construction 4,850,000$ 4,850,000$ 4,850,000$
Miscellaneous
Contingency 500,000$ 500,000$ 500,000$
Total Estimate 5,850,000$
$ - 5,850,000 $ -$ 5,850,000 $

FY FY FY FY FY
2025/26 2026/27 2027/28 2028/29 2029/30
Measure M2 Local
Fairshare 2,100,000$ 2,100,000$ 2,100,000$
Gas Tax Road
Maintenance and
Rehabilitation
Account Fund
(RMRA SB1) 650,000$
$ - -$
City Road
Infrastructure Fund 3,100,000$
$ - -$
General Fund $ - 3,750,000$ 3,750,000$
Total Revenue 5,850,000$ $ - 5,850,000 $ -$ 5,850,000 $ FY FY
2030/31 2031/32
Acquisition R/W $ -
Pre-Design $ -
Design $ -
Const. Support 500,000$ $ 2,000,000
Construction 4,850,000$ $ 19,400,000
Miscellaneous $ -
Contingency 500,000$ $ 2,000,000
Total Estimate $ - 5,850,000 $ 23,400,000$ FY FY
2030/31 2031/32
Measure M2 Local
Fairshare 2,100,000$ 8,400,000$
Gas Tax Road
Maintenance and
Rehabilitation
Account Fund
$ -
650,000$
City Road
Infrastructure Fund
$ - 3,100,000 $
General Fund 3,750,000$ 11,250,000 $
Total Revenue - $ 5,850,000 $ 12,150,000$

PROJECT

ESTIMATE

PRIOR YEAR FUNDING
None

CURRENT AND FUTURE FUNDING
Funding Source

PROJECT

ESTIMATE TOTAL
Funding Source TOTAL
2 of 2 S1 B - Bake Resurface Ph 1
Item: 8
498

Attachment 3
Item: 8
499

RESOLUTION NO. 2025-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKE FOREST, CALIFORNIA, CONCERNING THE LIST OF
PROJECTS FOR FISCAL YEAR 2025/26 FUNDED BY SB1:

THE ROAD REPAIR AND ACCOUNTABILITY ACT.

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Lake Forest (“City”) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $2,280,423 in Road Maintenance and Rehabilitation Account funding in Fiscal Year 2025/26 from SB 1; and
WHEREAS, the City used a Pavement Management System to
develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate the 170 centerline miles of streets; and
WHEREAS, the City’s 2025 Pavement Management Report found that the City’s streets and roads are in a “good” condition and this revenue will help maintain the overall quality of our road system and over the next decade will maintain the City streets and roads in a “good” condition; and maintaining and preserving the local street and road system in good condition will reduce drive times, traffic congestion, improve bicycle safety, and make the pedestrian experience safer; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure, with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge Item: 8
500

technology, materials and practices, will have significant positive co-benefits statewide; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF

LAKE FOREST, CALIFORNIA DOES HEREBY RESOLVE, AND

INFORM CALIFORNIA TRANSPORTATION COMMISSION, AS
FOLLOWS:

Section 1. The foregoing recitals are true and correct.

Section 2. The approved Capital Improvement Project budget for fiscal year 2025/26 incorporates the following list of projects to be funded with Road Maintenance and Rehabilitation Account revenues:

Annual Slurry Seal, Zone D (26S01A) - The slurry sealing of non- arterial public streets in Zone D, the neighborhood between Trabuco Rd. and Portola Parkway, North of Lake Forest Drive. This project would provide an estimated useful life of 7 to 10 years. Construction tentative start date is in August 2025 with a tentative end date in March 2026.

Annual Slurry Seal, Zone E (27S01C) - The slurry sealing of non- arterial public streets in Zone E, the neighborhood between Trabuco Rd. and Portola Parkway, South of Lake Forest Drive. This project would provide an estimated useful life of 7 to 10 years. Pre- construction design, document preparation and estimating has a tentative start date in June 2026 and a tentative end date in March 2027.

Street Resurfacing: portions of Lake Forest from Bake Pkwy to I-5 Fwy - The road rehabilitation project would grind and overlay portions of Lake Forest Drive from Bake Pkwy to I-5 Fwy. This project would provide an estimated useful life of 10 to 15 years. Pre- construction design, document preparation and estimating started in February 2023 with a tentative completion date in December 2027.

project would provide an estimated useful life of 10 to 15 years. Pre- construction design, document preparation and estimating started in April 2023 and is anticipated to be completed in December 2028.

Construction tentative start date is in August 2025 with a tentative end date in October 2027.

Section 5. This Resolution shall become effective upon the date of its adoption.
[Signatures on following page]
Item: 8
502

PASSED, APPROVED AND ADOPTED this ____ day of June 2025. ________________________

SCOTT VOIGTS
MAYOR
ATTEST:
____________________________________

THY MERRITT

ACTING CITY CLERK
APPROVED AS TO FORM:
____________________________________
MATTHEW E. RICHARDSON

CITY ATTORNEY
Item: 8
503

State of California )
County of Orange ) SS
City of Lake Forest )
I, THY MERRITT, Acting City Clerk of the City of Lake Forest, California do hereby certify that the foregoing Resolution No. 2025-_____ was duly passed and adopted by the City Council at a regular meeting thereof, held on the ____ day of June, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________

THY MERRITT

ACTING CITY CLERK
Item: 8
504

CITY COUNCIL AGENDA REPORT
MEETING DATE: 6/17/2025
DEPARTMENT: Information Technology
SUBJECT:

SECOND AMENDMENT TO THE AGREEMENT WITH SOFTCHOICE, INC. FOR SUBSCRIPTION TO MICROSOFT OFFICE 365 SOFTWARE LICENSES FOR

ONE YEAR
RECOMMENDED ACTION(S):

1. Approve the Second Amendment to the Agreement with Softchoice, Inc. for Microsoft Office software licenses.

2. Authorize the Mayor to sign, and the City Clerk to attest, the second amendment with Softchoice, Inc., substantially in the form attached.

EXECUTIVE SUMMARY:

The City uses Microsoft Office 365 software for email, word processing, spreadsheets, presentations, document collaboration, and project coordination.

The software is also used for remote communication through Microsoft Teams, document storage through OneDrive and SharePoint, and identity management through Azure Active Directory. These tools are essential to maintaining daily operations across all City departments.

On July 19, 2022, the City Council approved an Agreement with Softchoice, Inc. for the purchase of Microsoft Office 365 software licenses (“Agreement”) in the amount of $117,851.40 for a term of three years (Attachment 1). The Agreement was executed under a cooperative purchasing agreement with the County of Riverside, which offered competitive pricing not available through other vendors.

In May 2023, the City Manager approved the First Amendment to the Agreement to add licenses for new employees and project planning software. This increased the not-to-exceed amount to $125,508.75 (Attachment 2).

The proposed Second Amendment would extend the Agreement by one year through Fiscal Year 2025–26 and increase the not-to-exceed amount by $49,631.67 for base license renewal. In addition, it establishes an as-needed license allowance of up to $15,000. This allowance is intended to cover licenses for new system users, such as part-time employees and contractors, approved in the FY 2025–26 budget; the implementation of the Microsoft Copilot Artificial Item: 9
505

Intelligence Pilot Program; and other unforeseen licensing needs, which have historically averaged $7,500 annually.

The revised total not-to-exceed amount under the Agreement, including the as- needed allowance, would be $190,140.42. Sufficient funding is available in the FY 2025–26 Information Technology Division Operating Budget. Staff recommends approval of the Second Amendment to the Agreement (“Second Amendment”) to ensure continued access to Microsoft Office 365 services necessary for City operations (Attachment 3).

BACKGROUND:

Microsoft Office 365 software (“Office 365”) continues to play a critical role in supporting the City’s daily operations. The platform is used across departments for essential business functions such as email communication, word processing, spreadsheet creation, presentations, document collaboration, and project coordination. Additionally, the City relies on Microsoft Teams for video conferencing, remote collaboration, and intranet access. These tools are deeply embedded in the City’s technology infrastructure and are vital to maintaining operational efficiency.

On July 19, 2022, the City Council approved an Agreement with Softchoice, Inc. ("Softchoice") for the purchase of Office 365 licenses (Attachment 1). The original Agreement, totaling $117,851.40 over a three-year term, was procured using a cooperative purchasing agreement with the County of Riverside to secure competitive pricing.

In May 2023, the City Manager approved the First Amendment to the Agreement to accommodate additional Office 365 licenses needed for new employee onboarding and project planning. The amendment increased the not-to-exceed amount by $7,657.35, bringing the revised contract total to $125,508.75 (Attachment 2).

DISCUSSION:

The proposed Second Amendment would amend the scope of services by updating the number of Office 365 licenses, increasing the total compensation, and extending the term of the Agreement with Softchoice by one additional year.

Table 1 below provides a summary of Office 365 licenses procured through Softchoice. It reflects the original license quantities approved under the original Item: 9
506

agreement (Attachment 1), adjustments made through the First Amendment in 2023 (Attachment 2), and the proposed license quantities and associated costs included in the Second Amendment for a one-year extension (Attachment 3).

Table 1: Current and Proposed Software Licensing
License
Procured
in 2022
Revised in
2023 after
First
Amendment
Proposed
Second
Amendment
Office 365 E1 70 70 78
Office 365 E3 120 125 130
Azure Active Directory** 70 70 70
Visio Plan 2 (Desktop) 5 5 5
Project Plan 3 (Desktop) n/a 5 5
Project Plan 1 (Online) n/a 10 10
Teams Rooms Pro Sub Per Device n/a n/a 3

The proposed amendment sets the not-to-exceed amount for base licensing at $49,631.67 for the one-year extension and establishes an additional as-needed license allowance of $15,000. This allowance is intended to cover licensing needs for new system users as approved in the Fiscal Year 2025–26 budget, the implementation of the Microsoft Copilot Artificial Intelligence Pilot Program, and other unforeseen licensing needs, which have historically averaged approximately $7,500 annually, as reflected in the First Amendment. The City will continue to track expenditures to ensure the as-needed cap is not exceeded.

Pursuant to the City’s Purchasing and Contracting Guidelines, staff completes a vendor performance assessment during a proposed contract amendment. The vendor performance assessment is used as a guide to determine whether a contract should be amended, renewed, or terminated based on performance in the following categories: performance of scope of services; timeliness; budget performance; and customer service. Utilizing a detailed evaluation form, staff rates the consultant in each category.

Table 2: Vendor Performance Assessment
Softchoice Consulting Performance Assessment
July 19, 2022, to Jun 1,2025
Category Rating
Performance of Scope of
Services □ Unsatisfied □ Satisfied X Very Satisfied □ N/A Timeliness □ Unsatisfied X Satisfied □ Very Satisfied □ N/A Budget Performance □ Unsatisfied □ Satisfied X Very Satisfied □ N/A Item: 9
507

Softchoice Consulting Performance Assessment
July 19, 2022, to Jun 1,2025
Category Rating
Customer Service □ Unsatisfied □ Satisfied X Very Satisfied □ N/A

Table 2 above provides a summary of the consultant’s performance during the applicable evaluation period. Based on performance from July 19, 2022, through the present, Softchoice has consistently met expectations in all categories.

Staff recommends the City Council approve the proposed Second Amendment to extend the term of the Agreement by one year to cover Fiscal Year 2025–26, update the number of Microsoft licenses, and provide an as-needed purchasing allowance. This would ensure the continued use of Office 365 tools and services essential to departmental operations. Consistent with the City’s Purchasing and Contracting Guidelines, the IT Division prepared the Second Amendment and the City Attorney’s Office reviewed and approved it as to form.

FISCAL IMPACT:

The proposed Second Amendment would increase the total not-to-exceed compensation by $49,631.67, with an additional as-needed license allowance of up to $15,000, resulting in a combined total authorization of $190,140.42.

Sufficient funding is available in the Fiscal Year 2025–26 Information Technology Division Operating Budget.

ATTACHMENTS:

1. Agreement with Softchoice for Microsoft Licenses

2. First Amendment to Agreement with Softchoice for Microsoft Licenses

3. Second Amendment to Agreement with Softchoice for Microsoft Licenses Initiated By: Joanne Jin, Information Technology Manager Submitted By: Keith Neves, Assistant City Manager
Approved By: Debra Rose, City Manager
Item: 9
508

ATTACHMENT 1
Item: 9
509

Item: 9
510

Item: 9
511

Item: 9
512

Item: 9
513

ATTACHMENT 2
Item: 9
514

55136.00220\41332623. 1
1 AMENDMENT NO. 1 TO

AGREEMENT INCORPORATING PIGGYBACK CONTRACT

BETWEEN THE

CITY OF LAKE FOREST
AND

SOFTCHOICE CORPORATION

1. Parties and Date.

This First Amendment to the Agreement Incorporating Piggyback Contract (“Amendment”) is made and entered into this [** INSERT DATE**] day of [** INSERT MONTH**], 2023 by and between the City of Lake Forest (“City”) and Softchoice Corporation, a New York corporation Contractor” or “Seller”). City and Seller are together referred to as “Parties,” and individually, asa “Party” in this Amendment.

2. Recitals.

2.1 City and Seller entered into that certain Agreement dated July 19, 2022DATE**] Agreement”), whereby Seller agreed to provide certain Licenses.

2.2 City and Seller now desire to amend the Agreement for the first time to include additional Licenses.

3. Terms.

3.1 Licenses. The Licenses to be provided by Seller shall be revised to include the additional Licensessetforth in Attachment “1” attachedhereto and incorporated by this reference.

3.2 Compensation. The total compensation shall increase by $ 7,657. 35 so that the total amount paid to Seller for the purchaseof the Licenses under the Agreement shall not exceedthe sum of $ 125, 508. 75.

3.3 Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appearsin the Agreement, it shall mean the Agreement as amended by this Amendment.

3.4 Adequate Consideration. The Parties stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. Seller further acceptsthe terms and conditions of this Amendment as full and final resolution of any and all claims, asserted or otherwise, arising out of or related to the subject of this Amendment and acknowledges that the compensation and/or additional time, if any, set forth herein is adequate and comprises the total compensation and/or time due for the change(s) included in this Amendment.

DocuSign Envelope ID: 6D1C093E- 1EDE- 4099- 9D94- DC9BA27C9A7A 21 JUNE
Item: 9
515

55136.00220\41332623. 1
2 3.5 Counterparts. This Amendment may be executed in duplicate originals, each of which is deemedto be an original, but when taken together shall constitute but one and the same instrument.

IN WITNESS WHEREOF, the Partieshereto have executedthis Amendment on the date first herein above written.

City of Lake Forest Softchoice Corporation, a New York
corporation
By: By:

Printed Name: Printed Name:

Title: Title:

Dated: Dated:

DocuSign Envelope ID: 6D1C093E- 1EDE- 4099- 9D94- DC9BA27C9A7A Sean Denomey
6/ 16/ 2023
SVP Services and Customer Success
6/ 21/ 2023
City Manager
Debra Rose
Item: 9
516

DocuSign Envelope ID: 6D1C093E- 1EDE- 4099- 9D94- DC9BA27C9A7A Item: 9
517

55136.00220\41332623. 1
3 EXHIBIT 1
TO AMENDMENT NO. 1
SoftchoiceCorp. LicenseQuote
DocuSign Envelope ID: 6D1C093E- 1EDE- 4099- 9D94- DC9BA27C9A7A Item: 9
518

Quote
Ship To :

City Of Lake Forest
100 CIVIC CTR DR
LAKE FOREST, CA 92630
Bill To:

City Of Lake Forest
100 CIVIC CTR DR

LAKE FOREST CA
92630
Quote Prepared For
City Of Lake Forest
Phone:

Email:

Quote Sent By Madeline Pokora
madeline. pokora@softchoice. com
Phone: 312- 655- 9002
Fax:

Anniversary Date
Authorization Number
27- Jul- 2023
62504637
Agreement End Date 31- Jul- 2025
Comments
IND EA| Level D | Year 1 True- up | Enr: 62504637
Quote Valid For May 2023 Order Placement
2 Months Online Services Cost Shown
Item # Mfg SKU # Description Qty
Billing
Frequency
Start
Date
End
Date
Usage
Country
License
Type
Unit Price
Extended
Price
2000401898 7LS-00002 Project Plan3 Shared All Lng SubsVLMVL Per User
5 Upfront 01-Jun-
2023
31-Jul-
2023
United
States
Subscription $ 46.79 $ 233.95
2000402468 AAA-10842 O365E3 ShrdSvrALNGSubsVLMVL PerUsr 5 Upfront 01-Jun- 2023
31-Jul-
2023
United
States
Subscription $ 39.80 $ 199.00
Quote Q- 1395217
Date 02- May- 2023
Softchoice Corporation
314 W Superior St # 400
Chicago, IL 60654
Sales/ Order desk
Phone: ( 800) 268- 7638
Fax: ( 800) 268- 7639
DocuSign Envelope ID: 6D1C093E- 1EDE- 4099- 9D94- DC9BA27C9A7A Item: 9
519

Page 2 of 3 ends

Lake Forest City CouncilJune 17, 2025

Lake Forest City Council
June 17, 2025