HomeMy WebLinkAboutResolution 1982 - 0127RESOLUTION NO.82-127
APPROVING AND ADOPTING GUIDELINES PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL’QUALITY ACT
A RESOLUTION OF THE BOARDS OF DIRECTORS OF
THE COUNTY SANITATION DISTRICTS OF ORANGE
COUNTY,CALIFORNIA,APPROVING AND ADOPTING
GUIDELINES PURSUANT TO THE CALIFORNIA ENVIRON
MENTAL QUALITY ACT
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WHEREAS,the California Environmental Quality Act requires
all public agencies to adopt guidelines for the evaluation of
projects and the preparation of environmental impact reports and
negative declarations;and
WHEREAS,Section 15050 of the State of California Environmental
Quality Act Guidelines provides that the State Guidelines may be
adopted by reference together with those specific procedures which
are necessary to tailor the general provisions of the State Guide
lines to the particular public agency.
NOW,THEREFORE,BE IT RESOLVED that the State Guidelines are
hereby adopted by reference as fully as though set forth herein
together with those specific procedures necessary to tailor the
State Guidelines to the County Sanitation Districts,attached hereto
as Appendix ‘IA”.
PASSED AND ADOPTED at a regular meeting of the Boards of
Directors of the County Sanitation Districts of Orange County,
California,on the ‘8th day of September ,1982.
APPENDIX “A
SPECIFIC PROCEDURES FOR IMPLEMENTATION OF THE CALIFORNIA
•ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15050
OF THE STATE GUIDELINES
Section 1 The policies and procedures for implementation of
the California Environmental Quality Act of 1970 (CEQA)(Public
Resources Code,Division 13,Chapter 1,et ~contained herein
have been adopted pursuant to the requirement of Section 21082
therein.
I.GENERAL
These specific procedures have been deemed necessary to tailor
the general provisions of the State Guidelines to the specific
operations of the County Sanitation Districts of Orange County,
California,pursuant to Section 15050(e).The specific procedures
contained herein are intended to serve as a workingrefererice
guide for the District and not as a substitution for the State
Guidelines.In the event of any inconsistency or ambiguity,the
State Guidelines shall control in all respects.
II.RESPONSIBILITIES
A.The Chief Engineer,hereafter called “Engineer”,shall
be responsible for performing the administrative and procedural
functions required of the District in the implementation of the
California Environmental Quality Act (CEQA)and the State Guide
lines.Delegated functions include,but are not limited to:
1.Determination of whether a project is exempt.
2.Conducting of an initial study.
3.Preparation.of •a Negative Declaration or EIR.
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4.Determination that a Negative Declaration has been
completed within a period of 105 days.
•5.Preparation of responses to public comments.
6.Certification that the decision—making body has
reviewed and considered an EIR or Negative Declaration.
7.Filing of notices.
8.Coordination and consultation with responsible
agencies,Trustee agencies,those with experience in matters
of environmental concern,and members of the general public.
B.The Engineer or his designee is responsible for:
1.The review and consideration of a final EIR or
Negative Declaration prior to the approval of a project within
its approving jurisdictions.
2.Preparation of adequate comments on environmental
documents submitted to the District for review.
3.The making of findings as required by Sections
15088 and 15089 of the Guidelines for those projects within
its approving jurisdiction.
4.The review and consideration of an EIR or Negative
Declaration for any project requiring the Engineer’s
recommendation and report to the Board of Directors.
C.The Board of Directors is the final authority for:
1.The review and consideration of a final EIR or
Negative Declaration prior to approving a project subject
to Board approval,for all projects on appeal,projects
initiated by the District,and as the Responsible Agency
for projects initiated by other agencies.
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2.The making of findings as required by Sections
15088 and 15089 of the Guidelines for those projects within
its approving jurisdiction.
III.IMPLEMENTING PROCEDURES
A.Pre—application Determination Prior to the acceptance
of an application for a permit or discretionary approval of a
project by the District,the Engineer shall make a determination
of the project’s environmental status and advise the applicant
of the findings.
B.Ministerial Projects The Engineer shall make a finding
that the following are ministerial projects exempt from the re
quirements of CEQA and no environmental documents are required.
This list is meant only t.o provide examples and is not exclusive:
1.Individual utility service connections and dis—
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connections.
2.Agreements to install in—tract utility facilities
to subdivisions,development of which has been approved by
other appropriate governmental agencies.
C.Categorical Exemptions The following classes of projects,
in accordance with and pursuant to Article 8 of the State Guide
lines,have been determined not to have a significant effect on
the environment,and therefore are declared to be categorically
exempt from the requirement of preparing any environmental docu—
merit.The categorical exemptions listed herein are not intended
to be,and are not to be construed to be,a limitation on the
categorical exemptions set forth in Article 8 of the State Guide
lines,but are subject to the provisions of Section 15100.2 of
the State Guidelines.
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1.Class I:Existing Facilities Class I consists
of the operation,repair,maintenance or minor alteration
of all existing District facilities,structures,equipment
or other property of every kind which activity involves
riegligibl.e or no expansion or use beyond that previously
existing,including but not limited to:
(a)water conveyance facilities;
(b)w,ater connection facilities,including meter
boxes;
(c)fire hydrants;
(d)storage reservoirs;
Ce)pump stations;
(f)buildings;
(g)treatment plants;and
(h)recreational facilities.
2.Class II:Replacement or Reconstruction Class
II consists of replacement or reconstruction of any District
facilities,structures or other property where the new f a—
cility or structure will be located on the same site as the
replaced or reconstructed facility or structure,including
but not limited to:
(a)water conveyance facilities;
(b)water connection facilities,including meter boxes;
(c)fire hydrants;
(d)storage reservoirs;
(e)pump stations;
(f)buildings;
(g)treatment plants;
(h)recreational facilities;
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Ci)existing utility systems and/or facilities
involving negligible or no expansion of capacity;and
(j)conversion of overhead electric utility dis
tribution system facilities to underground including
connection to existing overhead electric utility dis
tribution lines where the surface is restored to the
condition existing prior to the undergrounding.
3.Class 111:New Construction of Small Structures
Class III consists of construction of limited numbers of
new facilities or structures and installation of new equip—
ruent or facilities in small structures;and the conversion
of existing small structures from one use to another when only
minor modifications are made in the exterior of the structure.
The numbers of structures described in this section are the
maximum allowable on any legal parcel or to be associated with
a project within a two year period.Examples include,
but are not limited to:
(a)Single—family residences not in conjunction with
the building of two or more such units.In an urbanized
area,up to three single—family residences may be
constructed under this exemption;
(b)Single apartments,duplexes,and similar small
structures designed for not more than four dwelling
units if not in conjunction with the building of two
or more such structures.In urbanized areas,the
exemption applies to single apartments,duplexes and
similar small structures designed for not more than
six dwelling units if not constructed in conjunction
with the building of two or more such structures.
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(c)Stores,motels,offices,restaurants and
similar small commercial structures riot involving the
use of significant amounts of hazardous substances,if
designed for an occupant load of 30 persons or less,
if not constructed in conjunction with the building
of two or more such structures.In urbanized areas,
the exemption also applies to commercial buildings
on sites zoned for such use,if designed for an occu
pant load of 30 persons or less,if not constructed
in conjunction with the building of 4 or more such
structures and if not involving the use of significant
amounts of hazardous substances.
4.Class IV:Minor Alterations to Land Class IV con
sists of minor alterations in the condition of the land,
water,and/or vegetation,which do not involve removal of
mature,scenic trees except for forestry or agricultural
purposes,including but not limited to:
(a)small water diversion facilities;
(b)grading on land with a slope of less than ten
percent except that grading shall not be exempt in a
waterway,in any wetland,in an officially designated
(by federal,state or local governntental action)scenic
area,or in officially mappedareas of severe geologic
hazard;
(c)new gardening or landscaping but not including
tree removal;
(d)filling of earth into previously excavated
land with material compatible with the natural features
of the site;
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(e)minor alterations in land,water and vegetation
on existing officially designated wildlife management.
areas of fish production facilities which result in
improvement of habitat for fish and wildlife resources
or greater fish production;
(f)minor temporary uses of land having negligible
or no permanent effects on the environment;
(g)maintenance dredging where the spoil is de
posited in a spoil area authorized by all applicable
state and federal regulatory agencies;
(h)the creation of bicycle lanes on existing
rights—of—way.
5.Class VI:Information Collection Class VI consists
of basic data collection,research,experimental management
and resource evaluation activities which do not result in a
serious or major disturbance to an environmental resource.
These activities may be undertaken strictly for information—
gathering purposes or as part of a study leading toward the
undertaking of a project.
6.Class IX:Inspection Class IX consists of
inspection activities,including but not limited to in
quiries into the performance of an operation and examina
tions of the quality,health or safety of a project.
7.Class XI:Accessory Structures Class XI consists
of the construction or placement of minor structures ac—
cessory to or appurtenant to existing commercial,industrial
or institutional facilities,including small parking lots.
8.Class XII:Surplus Government Property Sales
Class XII consists of sales of surplus government property
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except for parcels of land located in an area of statewide
interest or potential area of critical concern as identified
in the Governor’s Environmental Goals and Policy Report pre
pared pursuant to Government Code Section 65041 et
However,if the surplus property to be sold is located in
those areas identified in the Governor’s Environmental Goals
and Policy Report,its sale is exempt if:
(a)the property does not have significant values for
wildlife habitat or other environmental purposes;and
(b)any of the following conditions exist:
(i)the property is of such size or shape
that it is incapable of independent development or
use,or
(ii)the property to be sold would qualify
for an exemption under any other class of categorical
exemption in Article VIII of the State Guidelines,or
(iii)the use of the property and adjacent
property has not changed since the time of purchase
by the District.
9.Class XIX:Annexations of Existing Facilities and
Lots for Exempt Facilities Class XIX consists of only the
following annexations:
(a)annexations to the District of areas containing
existing public or private structures developed to the
density allowed by the current zoning or pre—zoning
of either the gaining or losing governmental agency,
whichever is more restrictive;provided,however,that
the extension of utility services to the existing
facilities would have a capacity to serve only the
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existing facilities.
(b)annexations of individual small parcels of
the minimum size for facilities exempted by Class III,
New Construction of Small Structures.
10.Class XX:Changes in Organization of the District
Class XX consists of changes in the organization or reorganiza
tion of the District where the changes do not change the geo
graphical area in which previously existing powers are
exercised.Examples include but are not limited to:
(a)establishment of a subsidiary district;
(b)consolidation of two or more districts having
identical powers;
(c)merger with a city of a district lying entirely
within the boundaries of the city.
11.Class XXI:Enforcement Actions by Regulatory
Agencies
(a)Class XXI consists of actions by regulatory
agencies to enforce or revoke a lease,permit,license,
certificate,or other entitlement for use issued,
adopted or prescribed by the regulatory agency or law,
general rule,standard,or objective,administered or
adopted by the regulatory agency.Such actions include,
but are not limited to,the following:
(i)The direct referral of a violation of
lease,permit,license,certificate,or entitlement,
for use or of a general rule,standard,or objective
to the Attorney General,District Attorney,or City
Attorney as appropriate,for judicial enforcement.
(ii)The adoption of an administrative decision
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or order enforcing or revoking the lease,permit,
license,certificate,or entitlement for use or
enforcing the general rule,standard or objective.
(b)Construction activities undertaken by the
public agency taking the enforcement or revocation
action are not included in this exemption.
12.CLASS XXV:Transfers of Ownership of Interests
in Land to Preserve Open Space Class XXV consists of the
transfers of ownership of interest in land in order to pre
serve open space.Examples include but are not limited to:
(a)acquisition of areas to preserve the existing
natural conditions;
(b)acquisition of areas to allow continued ag
ricultural use of the areas;
(c)acquisition to allow restoration of natural
conditions;
(d)acquisition to prevent encroaàhment of develop
ment into flood plains.
13.Class XXVI:Acquisition of Housing for Housing
Assistance Program Class XXVI consists of actions by a re
development agency,housing authority,or other public agency
to implement an adopted Housing Assistance Plan by acquiring
an interest in housing units.The housing units may be
either in existence or possessing all required permits for
construction when the agency makes its final decision to
acquire the units.
14.Class XXVII:Leasing New Facilities
N
(a)Class XXVII consists of the leasing of a newly
constructed or previously unoccupied privately owned
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facility by a local or state agency where the local
governing authority determined that the building was
exempt from CEQA.To be exempt under this section,
the proposed use of the facility:
(i)shall be in conformance with existing
State plans and policies and with general,community
and specific plans for which an EIR or Negative
Declaration has been prepared;
(ii)shall be substantially the same as that
originally proposed at the time the building permit
was issued;
(iii)shall not result in a traffic increase
of greater than ten percent of front access road
capacity;and
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(iv)shall include the provisions of adequate
employee and visitor parking facilities.
(b)Examples of Class XXVII include,but are not
limited to:
(i)leasing of administrative offices in
newly constructed office space;
(ii)leasing of client service offices in
newly constructed retail space;
(iii)leasing of administrative and/or client
service offices in newly constructed industrial
parks.
D.Initial Study
1.Submission of Data If the project is to be carried
out by a private person or private organization,the District
shall require such person or organization to submit data and
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information which will enable the Engineer to prepare the
Initial Study.
2.Format Forms for description of an applicant’s
project description arid the Engineer’s review shall be those
contained in appendices H and I of the State Guidelines.
E.Notice and Review Period
1.Method of Providing ~Iotice In addition to the re
quirements and alternatives for public notice as listed in
Sections 15083(d)and 15085(d)(2)of the State Guidelines,
public notice ~shall be given by publication in a newspaper
or by direct mailing at the same time and in the same manner
as a public notice is otherwise required by law for such
project.
2.Review Periods
(a)When a project does not require submission
of environmental documents to the State Clearinghouse,
the minimum review period shall be 14 days.
(b)When an EIR or Negative Declaration is sub
mitted to the State Clearinghouse for review,the mini
mum period shall be 45 days for EIRs and 30 days for
Negative Declarations.
F.Environmental Impact Reports
1.Preparation
(a)When determined that an Environmental Impact
Report shall be required,the Engineer shall indicate
the scope of the required EIR and shall determine whether
the draft EIR may be prepared by the applicant or shall
be prepared at the expense of the applicant by the
District through contract or staff services.
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(b)Applicants for private projects requiring an
EIR shall arrange for the preparer of a draft EIR to
confer with the Engineer on the content and format of
the document.
(C)The applicant shall cause the required informa
tion to be submitted to the Engineering Department for
the preparation of an Environmental Impact Report.
(d)The Engineer shall review the information for
adequacy,prepare an independent analysis,circulate,
and provide notices as required by CEQA and State
Guidelines..
2.Time of Submission The draft EIR shall be submitted
to the Engineering Department concurrently with related
applications such as a zone change or variance.
3.Number and Format Twenty—five numbered copies shall
be furnished to the District,with printed pages 8—1/2 inches
by 11 inches,and folded map pages at a scale of not less
than 1 inch equals 100 feet,fastened with a binder permitting
the insertion of supplementary pages,bound by a firm cover
and labeled with the name of the project.In those instances
where approval is required of a state or federal agency,an
additional ten copies shall be furnished.
IV.TIME LIMITS FOR PROCESSING APPLICATIONS
The following time limits shall apply to the processing of
permit applications for projects except as modified by Sections
15054.1,15054.2,and 15054.3 of the State Guidelines:
1.A determination by the Engineer of the environmental
status and requirements of a project shall be made within 30
calendar days of receipt of the application for a development
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project.The determination shall be in writing and trans
mitted to the applicant for the development project.In the
event that the application is determined not to be complete,
the Engineer shall specify those parts of the application
which are incomplete and shall indicate the manner in which
they can be made complete.
2.Within 45 days after accepting an application for
a project,which application has been determined to be complete,
the Engineer shall make a determination of whether the project
will need an EIR or a Negative Declaration.
3.When the District is acting as a Lead Agency for
a project for which the agency will grant a lease,license,
permit,certification,or other entitlement for use,the
District shall complete and certify an EIR in not more than
one year or complete a Negative Declaration in not more than
105 days.
4.In the event the District,as Lead Agency or Respon
sible Agency,fails to act to approve or disapprove a project
within the required time limits pursuant to Chapter 4.5 of
Division 1 of Title 7 of the Government Code,such failure
to act shall be deemed approval of the development project
one year after acceptance of a complete project application.
Section 2 Three (3)copies of the Environmental Impact
Guidelines (Administrative Code,Title 14,Division 6,Sections 15000,
et seq.)shall be maintained on file in •the office of the
Secretary to the Board of Directors of the District.
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STATE OF CALIFORNIA)
SS.
COUNTY OF ORANGE
I,J.WAYNE SYLVESTER,Secretary of the Boards of Directors of County
Sanitation Districts Nos.1,2,3,5,6,7 and 11 of Orange County,
California,do hereby certify that the foregoing Resolution No.82—127 was
passed and adopted at a regular meeting of said Boards on the 8th day of
September,1982,by the following vote,to wit:
AYES:Marvin P.Adler,Ruth Bailey,Barbara Brown,John C.Cox,Jr.,
Norman E.Culver,Richard B.Edgar,Bruce Finlayson,Donald
Fox,Don R.Griffin,Robert Hanson,Evelyn Hart,Jacqueline
Heather,Donald A.Holt,Jr.,Elvin Hutchison,Carol Kawanami,
Frank J.Laszlo,Robert Luxembourger,Robert P.Mandic,Jr.,
Gerald Mullen,Bob Perry,Ruthelyn Pluinmer,Charles J.Rell,
Thomas F.Riley,Earl C.Roget,Don Roth,Norma Seidel,Don E.
Smith,Roger R.Stanton,Charles E.Sylvia,Bill Vardoulis,
James Wahner,Henry W.Wedaa,Dorothy Wedel,Harriett M.
Wieder,Duane Winters
NOES:None
ABSENT:Ron Pattinson
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.1 on behalf of itself and Districts
Nos.2,3,5,6,7 and 11 of Orange County,California,this 8th day of
September,1982
Secre taty
County
~ts Nos.1?2,3,
Or~inge County,