Transcript LAFCO AND CEQA

LAFCO AND CEQA
LAFCO Role as A Responsible Agency
LAFCo must rely upon the environmental document prepared by the
lead agency unless:
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Grounds exist to require supplementation of the environmental
document pursuant to Section 15162
The lead agency failed to allow LAFCo the opportunity to
participate in the environmental review before the lead agency
and LAFCo believes that the environmental document is
inadequate for their purposes. (Section 15052)
LAFCo must rely on the lead agency environmental document even
where the environmental document has been challenged and
litigation is pending (PRC § 21167.3)
LAFCo’s Role in Reviewing
Lead Agency Environmental Document
• LAFCo must “review and consider” the environmental
document prepared by the Lead Agency (15052)
• LAFCo is required to adopt feasible mitigation measures
within the agency’s jurisdiction (15041(b), 15096(g))
• May deny approval in order to avoid significant adverse
environmental impacts (15042)
LAFCo’s Role in Reviewing
Lead Agency Environmental Document
Must still make CEQA findings:
• Make findings as to each significant impact under
Section 15091
• Adopt a statement of Overriding social or economic
concerns if the EIR identifies significant, unavoidable
environmental impacts as required by Section 15092.
• Can often use the lead agency findings but the better
practice is to have staff tailor findings to fit LAFCo’s role
on the project.
When Can LAFCo Require that the Environmental
Document Be Supplemented?
The Rule is Set forth in Section 15162 of the State CEQA
Guidelines
Requirements are that one of three changes set forth below
has occurred with respect to the project that involve new
significant environmental effects or a substantial increase in
the severity of previously identified significant effects:
1. Substantial changes are proposed in the project itself
• Example: LAFCo has determined that additional
undeveloped lands need to be added to the annexation to
a city in order to avoid the creation of an island or illogical
boundary that were not considered by the city in its
environmental document.
When Can LAFCo Require that the Environmental
Document Be Supplemented?
2.Substantial changes occur with respect to the
circumstances under which the project is undertaken
• Example: Between the time that the EIR was prepared
for a major annexation and the time it is submitted to
LAFCo, the Regional Water Quality Control Board has
issued a cease and desist order ordering the Special
District not to issue any more sewer connections
When Can LAFCo Require that the Environmental
Document Be Supplemented?
3.New information of substantial importance is presented
which was not known and could not have been known
with the exercise of reasonable diligence at the time the
previous EIR was certified
• Example: It is discovered after the City approved a
project and annexation that a portion of the proposed
project and annexation actually lies in a different county
Authority to Request Additional Information under CKH
LAFCo’s have authority to request additional information regarding a
project under their authority under Cortese-Knox-Hertzberg Act.
• Can request information that falls within factors set forth in
56668
• Example: Can require a vacant land inventory and
absorption study for proposed conversion of prime
agricultural land in order to comply with the requirements
of Section 56377
• Requests may be limited if application has been deemed
complete by the Executive Officer