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Agenda Item
ASR
Control 20-000736 |
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MEETING DATE: |
11/17/20 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
OC Public Works
(Approved) |
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Department contact
person(s): |
Richard Vuong (714) 667-8895 |
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Joanna Chang (714) 667-8815 |
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Subject: Adopt 2020 Local CEQA
Procedures Manual and Agenda Staff Report Template
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ceo CONCUR |
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Clerk of the Board |
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Concur |
No Legal Objection |
Discussion |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 11/18/2014
#6 |
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RECOMMENDED ACTION(S):
Approve and adopt the County of Orange 2020 Local California Environmental Quality Act Procedures Manual and 2020 Standard California Environmental Quality Act Agenda Staff Report Template Language.
SUMMARY:
Approval and adoption of the County of Orange 2020 Local California Environmental Quality Act Procedures Manual and 2020 Standard California Environmental Quality Act Agenda Staff Report Template Language will update the County of Orange's local policies and procedures for implementation of updated California Environmental Quality Act Statutes and Guidelines.
BACKGROUND INFORMATION:
The California Environmental Quality Act (CEQA) was enacted in 1970 by the California legislature and was modeled after the National Environmental Protection Act, which was enacted in 1969. CEQA’s main objectives are to: (1) disclose to decision makers and the public the significant physical environmental effects of proposed activities; (2) identify ways to prevent or minimize environmental damage; (3) prevent environmental damage by requiring implementation of feasible alternatives or mitigation measures; (4) disclose to the public reasons for agency approval of projects with significant effects; (5) foster interagency coordination in the review of projects; and (6) enhance public participation in the planning process. Since its enactment, CEQA has been amended on a regular basis to comply with State of California (State) law and to address community needs.
Public agencies are required to adopt objectives, criteria and specific procedures consistent with CEQA Statutes and CEQA Guidelines for administering their responsibilities under CEQA, including the orderly evaluation of projects and preparation of environmental documents in accordance with Section 21001(f) of the CEQA Statutes (California Public Resources Code, Division 13, Sections 21000, et seq.) and Section 15022(a) of the CEQA Guidelines (Title 14, Sections 15000, et seq., of the California Code of Regulations). Thus, the County of Orange (County) has prepared and updated the County 2020 Local CEQA Procedures Manual (Manual) and 2020 Standard CEQA Agenda Staff Report (ASR) Template Language (Template) to comply with recent changes that have been made to CEQA and the CEQA Guidelines.
The purpose of the Manual is to update the County’s local policies and procedures for implementation of CEQA. Its companion document, the Template, has also been updated to guide County staff during the preparation and review of ASRs to comply with CEQA and the CEQA Guidelines. The Template is intended to be used in conjunction with the Manual.
Local CEQA Procedures Manual
On November 18, 2014, the Board of Supervisors (Board) adopted the 2014 Local CEQA Procedures Manual to ensure consistency with recent published court decisions, legislative amendments and updated regulatory rule-making processes.
Since that time, the Manual has been prepared to clarify the environmental review process by incorporating more details, tables and attachments while also updating with changes to CEQA and the CEQA Guidelines. This Manual would replace and supersede the previously adopted 2014 Local CEQA Procedures Manual.
The updated Manual is intended to serve as a guide for County staff and external environmental consulting firms when conducting CEQA reviews. The Manual applies to all activities undertaken by or approved by the County and all special districts governed by the Board. In addition, the Manual is to be utilized in conjunction with CEQA and the CEQA Guidelines, as both currently exist or may be amended from time to time after approval of the Manual. In any case of conflict between the Manual and CEQA, the CEQA Guidelines will prevail. The Manual does not, nor is it intended to, add to or modify any legal requirements contained in CEQA.
In general, the Manual provides procedures for the following topics:
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Chapter 1 |
Purpose and Intent |
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Chapter 2 |
National Environmental Policy Act |
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Chapter 3 |
CEQA Guidelines |
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Chapter 4 |
Decision-Making Bodies |
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Chapter 5 |
Decision Appeal Process |
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Chapter 6 |
Private Project Initiation Process |
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Chapter 7 |
Public Project Initiation Process |
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Chapter 8 |
Non-County Lead Reviews |
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Chapter 9 |
Determining Whether an Activity is a Project |
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Chapter 10 |
Exemption Process |
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Chapter 11 |
Negative/Mitigated Negative Declaration Process |
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Chapter 12 |
Environmental Impact Report Process |
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Chapter 13 |
Previous and Subsequent Document Process |
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Chapter 14 |
On-Call and Job Order Contracts Process |
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Chapter 15 |
Processing Fees |
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Chapter 16 |
Contributors |
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Chapter 17 |
References |
The information included in the Manual is presented at a high level and references the State CEQA Guidelines website to ensure consistency with current guidelines. More specifically, the Manual also incorporates policies and procedures on recent legislation, including Senate Bill 743 provisions related to Vehicles Miles Traveled recommendations outlined by the Governor’s Office of Planning and Research to assist with the evaluation of projects within unincorporated Orange County.
To assist in the creation of the Manual, a working group was created to gather feedback and input on the County’s environmental review process. The working group consisted of the following agencies: OC Public Works, Office of County Counsel, OC Waste & Recycling, OC Community Resources, County Executive Office-Real Estate and John Wayne Airport.
Comments and proposed edits were received, discussed and addressed throughout the year. The Manual was also discussed with the Development Processing Review Committee and its comments were also addressed.
2020 Standard CEQA ASR Template Language
OC Development Services is responsible for conducting CEQA reviews for ASRs generated by all County agencies and departments. The Template will replace the 2014 ASR Template. The Template complies with the current version of CEQA and CEQA Guidelines; however, the Template is not intended to replace thoughtful consideration of CEQA issues. County agencies, when in doubt, are encouraged to contact OC Development Services early in the process of a project.
Since similar activities frequently occur throughout the County, it is critical for County agencies and departments to utilize standard language in their ASRs. The Template is intended to provide uniform language and a consistent methodology to assist in analyzing proposed activities to determine what, if any, CEQA findings need to be made prior to any Board approval of such activities. The Template provides examples of appropriate CEQA findings to be placed in ASRs for review and consideration by the Board. The ASR Template was also reformatted to be more user-friendly and includes findings required for Not a Project, Exemptions, Negative Declaration/Mitigated Negative Declaration, Environmental Impact Reports, Addendums, prior environmental documents and the use of CEQA documents from other agencies.
There are periodic changes in CEQA Statutes (Public Resources Code Section 21000, et. seq.) and CEQA Guidelines (14 California Code of Regulations, Chapter 3, Section 15000 et. seq.), as well as reported case law. Consequently, non-substantial changes may be made to the Manual and Template for clarification purposes by the OC Public Works Director or designee prior to the next comprehensive update to the Manual and Template.
Planning Commission Action
On August 26, 2020, the Planning Commission recommended approval and adoption of the Manual and the Template by the Board.
Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the County to a definite course of action in regard to a project since this is the approval and adoption of the Manual and Template. This proposed activity is therefore not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - 2020 Local CEQA Procedures Manual
Attachment B - 2020 Standard CEQA Agenda Staff Report Template Language
Attachment C - Minute Order for November 18, 2014, Board Meeting
Attachment D - Planning Commission Staff Report dated August 26, 2020
Attachment E - Public Resources Code Sections 21000-21001
Attachment F - 14 California Code of Regulations, Chapter 3, Section 15000
Attachment G - Senate Bill 743