21-1073RESOLUTION NO. 21-1073
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MENIFEE, CALIFORNIA REPLACING RESOLUTION
NO. 2013-316, AND ADOPTING AN UPDATE TO THE
MENIFEE ENVIRONMENTAL REVIEW GUIDELINES
IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, pursuant to Section 21082 of the Public Resources Code
of the State of California all public agencies are required to adopt by ordinance,
resolution, rule or regulation, objectives, criteria, and procedures for the
evaluation of projects, and the preparation of environmental impact reports and
negative declarations under the provisions of the California Environmental
Quality Act ("CEQA") found at Public Resource Code Section 21000 et seq; and,
WHEREAS, it is the intent of the City of Menifee ("City") to fully comply
with the provisions and intent of CEQA in an efficient and timely manner which
eliminate unnecessary cost and delay; and,
WHEREAS, on May 7, 2013, the Menifee City Council adopted
Resolution No. 13-316 local review guidelines for implementation of CEQA and
CEQA Guidelines; and,
WHEREAS, on April 23, 2019, the Community Development Director
administratively approved an update to the City -adopted CEQA Guidelines in
conformance with updates to the State's CEQA guidelines; and,
WHEREAS, the purpose of this Resolution is to adopt an additional
update to the currently adopted local guidelines for implementation of CEQA set
forth in Exhibit "A" attached hereto.
NOW, THEREFORE, the City Council of the City of Menifee resolves
as follows:
Section 1. The above recitals are true and correct and
incorporated herein.
Section 2. This action is exempt pursuant to Section 15061(b)(3)
of the State CEQA Guidelines which states that a project is exempt from CEQA if
the activity is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not
subject to CEQA. The adoption of this update to the City of Menifee
Environmental Review Guidelines for implementing CEQA is to ensure that City's
procedures for approving projects in the City are consistent with the requirements
of CEQA and there is no possibility that adopting these procedures will have a
significant effect on the environment.
Section 3. Except as otherwise expressly provided herein, the
provisions of CEQA and the State Guidelines are hereby referred to, adopted
and made a part of this Resolution with the same effect as if fully set forth herein,
and all the provisions thereof shall apply to projects proposed to be carried out or
given discretionary review and approval by the City. All future revisions to CEQA
and the State Guidelines shall hereafter be considered a part of the City of
Menifee Environmental Review Guidelines without further action by the City
Council and the City Attorney's Office is hereby authorized and instructed to
amend the City of Menifee Environmental Review Guidelines, attached hereto as
Exhibit "A", to incorporate all future revisions.
Section 4. It is the intent of the City to conform to the
requirements of CEQA. If any of the specific procedures or provisions adopted
herein should be in conflict with CEQA, CEQA shall prevail. The City may
administer its responsibilities under CEQA in any manner which meets the
requirements of CEQA, notwithstanding the specific procedures and provisions
set forth in City of Menifee Environmental Review Guidelines attached hereto as
Exhibit "A".
Section 5. The (updated) City of Menifee Environmental Review
Guidelines attached hereto as Exhibit "A" is hereby enacted to implement the
provisions of CEQA in the City of Menifee.
Section 6. The City Manager is hereby authorized to execute
agreements with approved environmental firms to provide on -call environmental
and planning consulting services for privately funded development projects
Section 7. Severability. If any section, subsection, sentence,
clause, or phrase of this Resolution is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Resolution,
and each and every section, subsection, sentence, clause or phrase not declared
invalid or unconstitutional, without regard to whether any portion of the
Resolution would be subsequently declared invalid or unconstitutional.
Section 8. Effective Date. This Resolution shall become
effective upon its adoption.
PASSED, APPROVED AND ADOPTED this 15th day of September 2021.
v
Bill Zimmer a yor
ATTEST:
APPROVED AS TO FORM-
EXHIBIT A
CITY OF MENIFEE
ENVIRONMENTAL REVIEW GUIDELINES & GUIDELINES FOR
IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA)
ADOPTED BY RESOLUTION NO.2013-316 AS OF
MAY 7, 2013
REVISED APRIL 23, 2019
REVISED AND ADOPTED BY RESOLUTION NO. 2021
SEPTEMBER 15, 2021
TABLE OF CONTENTS
Page No.
I. INTRODUCTION.......................................................................................................................... 3
A. BASIC PURPOSES OF CEQA (§ 15002):........................................................................ 3
B. PURPOSE OF CITY GUIDELINES: ................................................................................. 3
II. OVERVIEW AND SUMMARY OF PROCEDURES................................................................ 4
A. APPLICABILITY (See also Section V. B., Actions that Constitute a Project) :............. 4
B. CEQA PROCESS:- ............................................................................................... . ........... 4
C. CONTENTS OF EIRs (§15120 et seq.).............................................................................. 5
D. ENVIRONMENTAL CONSULTANT LIST....................................................5
E. AUTHORITY PROVIDED BY CEQA (§15040)............................................................. 7
F. MITIGATE(§15041(aft ...................................................................................................... 7
G.
APPROVE PROJECTS DESPITE SIGNIFICANT EFFECTS (§ 15043): ........................... 7
H.
DISAPPROVE PROJECTS(§15042):.................................................................................
7
I.
FEES (§ 15045):......................................................................................................................
7
III. APPLICABILITY OF CEQA(§15002).......................................................................................
8
A.
TIME OF COMPLIANCE: .................................................................................................
8
B.
RESPONSIBILITY FOR COMPLIANCE: ........................................................................
8
IV. PRELIMINARY REVIEW...........................................................................................................
9
A.
INITIAL PROJECT REVIEW : .................. ........................................................................
9
B.
ACTIONS THAT CONSTITUTE A "PROJECT": ..........................................................
- 9
C.
DETERMINING EXEMPTIONS: ....... ............... ...... - ................................................... 10
D.
NOTICE OF EXEMPTION(§15062):............................................................................. 11
E.
CITY PROJECTS: ENVIRONMENTAL REVIEW PROCEDURES (§I5378(a)(1)):.. 11
F.
MSHCP CONFORMANCE ................................ ................................. —
. 12
V. INITIAL STUDY.......................................................................................................................
123
A.
PURPOSES OF AN INITIAL STUDY; ................... ....................................................... 13
B.
PROJECT INFORMATION REQUIRED: ........................... ..........................................
13
C. TECHNICAL STUDIES..........................................................................13
D. PREPARATION: .............................................................................................................. 14
E. CONTENT OF INITIAL STUDY:... ................................................................................ 14
F. DETERMINING ENVIRONMENTAL SIGNIFICANCE: ............................................. 15
G. THRESHOLDS:...............................................................................................................17
H. FORMULATION OF MITIGATION MEASURES(§15370):....................................... 18
City of Menifee
Environmental Review Guidelines Page 1 of 26
VI. NEGATIVE DECLARATIONS (§15070)................................................................................. 19
A.
PREPARATION OF A NEGATIVE DECLARATION(§15070):.................................. 19
B.
CONTENTS OF NEGATIVE DECLARATIONS(§15071):.......................................... 19
C.
PUBLIC NOTICE (§ 15072):............................................................................................19
D.
TIME LIMITS: ..... ...... .......................................................................................... 20
E.
CONSIDERATION AND APPROVAL OF NEGATIVE DECLARATIONS (§ 15074):20
F.
NOTICE OF DETERMINATION (§ 15075):...................................................................
20
VII. ENVIRONMENTAL IMPACT REPORTS(EIRs)................................................ .............
21
A.
DECISION TO PREPARE AN EIR (§ 15063):................................................................
21
B.
SCOPE OF AN EIR (§ 15082):.........................................................................................
21
C.
APPEAL:..........................................................................................................................21
D.
NOTICE OF PREPARATION(§15082):........................................................................
21
E.
FEES: ................. ......................................... ......................................................22
F.
PREPARATION OF ADMINISTRATIVE DRAFT EIR(§15084):...............................
22
G.
NOTICE OF COMPLETION OF A DRAFT EIR (§ 15085):...........................................
22
H.
PUBLIC REVIEW OF DRAFT EIRs(§15087):..............................................................
22
I.
EVALUATION OF RESPONSES TO COMMENTS(§15088):.....................................
22
J.
PREPARATION OF THE FINAL EIR (§ 15089):...........................................................
23
K.
FINDINGS(§15091):.......................................................................................................23
L.
STATEMENT OF OVERRIDING CONSIDERATIONS (§ 15093) :..............................
23
M.
CERTIFICATION OF THE FINAL EIR AND TIME LIMITS: .....................................
24
N.
NOTICE OF DETERMINATION: ...................................................................................
24
VIII. MITIGATION MONITORING AND/OR REPORTING PROGRAM .................................
25
A.
PROCESSING OF MITIGATION MONITORING AND/OR REPORTING
PROGRAM: ROLES AND RESPONSIBILITIES:— .....................................................
25
B.
PREPARATION OF MONITORING AND/OR REPORTING PROGRAM: .................
25
C.
PROGRAM COMPLETION LETTER: ...........................................................................
26
D.
COMPLIANCE WITH STATE GUIDELINE SECTION 15097:...................................
26
Attachment 1: Appendix G: Environmental Checklist Form (State Guidelines for the Implementation of
CEQA)
Attachment 2: Appendix H: Environmental Informational Form
City of Menifee
Environmental Review Guidelines Page 2 of 26
I. INTRODUCTION
The California Environmental Quality Act (CEQA) of 1970 (as amended) is California's most fundamental
and far reaching environmental law. CEQA is a procedural act that governs the review and approval process
of most developments in California. These policies and procedures are written for the purpose of
implementing the requirements of CEQA as contained in California Public Resources Code (PRC) Section
21000 and following and the State CEQA Guidelines (State Guidelines) contained in Title 14, Division 6,
Chapter 3, Section 15000 and following of the California Code of Regulations (CCR).
A. BASIC PURPOSES OF CEQA (§15002)1
The basic purposes of CEQA are to:
1. inform governmental decision -makers and the public about the environmental effects of
proposed activities;
2. identify ways that damage to the environment can be avoided or significantly reduced,
3. prevent significant, avoidable damage to the environment by requiring changes in projects
through the use of alternatives or mitigation measures when the governmental agency finds
the changes to be feasible; and,
4. disclose to the public the reasons why a governmental agency approved the project in the
manner the agency chose if significant environmental effects are involved.
B. PURPOSE OF CITY GUIDELINES
The City's Environmental Review Guidelines (hereafter "Guidelines") set forth comprehensive
procedures for complying with the California Environmental Quality Act. CEQA requires each public
agency to adopt guidelines (objectives, criteria, and specific procedures) for administering its
responsibilities under CEQA (§15022). The purpose of these Guidelines is to protect both local and
regional environmental resources in a manner that reflects local values.
An additional purpose of these Guidelines is to implement CCR Section 15006: to reduce delay and
paperwork in determining if CEQA applies to particular projects. Section 15006 enumerates methods
for conducting environmental review of projects that are not exempt. The intent of this document is to
translate the myriad of State laws and judicial interpretations into a precise guide for use by the City,
project proponents, and general public.
The City's Guidelines summarize State law. Please refer to the State Guidelines (the California Code
of Regulations sections in parentheses), which are hereby incorporated by reference, for more detail.
These Guidelines are not meant to replace the State Guidelines but to implement and tailor the general
provisions of the State Guidelines to the specific operations of the City. If any section of these
Guidelines is in conflict with or contrary to any provisions of CEQA or the State Guidelines, as each
may be amended, the provisions of CEQA and the State Guidelines shall control.
I Unless otherwise indicated, all sections references are to applicable section of the State Guidelines as set forth in
Title 14, Division 6, Chapter 3, of the California Code of Regulations.
City of Menifee
Environmental Review Guidelines Page 3 of 26
II. OVERVIEW AND SUMMARY OF PROCEDURES
The following subsections provide the procedures for following CEQA requirements. In all cases
determinations shall be by the Director of Community Development Department ("Director").
A. APPLICABILITY (See also Section V. B., Actions that Constitute a Project)
A proposed activity or application must first be evaluated to determine if it is a "project" and is,
therefore, subject to further CEQA review. A project is defined as any discretionary action that may
cause a physical change to the environment. A project is the whole of an action that might result in a
physical change to the environment, directly or ultimately. However, if the proposed activity is a
project under CEQA, it may still be exempt from environmental review (see categorical exemptions
and "common sense" exemptions).
B. CEQA PROCESS
There are three steps in the CEQA process that incorporate environmental documentation. These three
separate steps are taken in deciding which environmental document to prepare for a project subject to
CEQA.
1. Preliminary Review. Within thirty (30) days of formal project submittal. City staff or City
consultants will conduct a preliminary review of a project to determine whether it is subject
to CEQA, or is exempt. If it is exempt, a Notice of Exemption may be filed. If the project is
not exempt, then the applicant must submit a completed environmental assessment form.
2. Initial Study. If the proposed activity is a project under CEQA (§15378), and is not
exempt from review, the City will prepare an Initial Study2. Where an EIR is required, the
preparation of an Initial Study is at the option of the City. The Initial Study determines
whether a negative declaration, a mitigated negative declaration, or an Environmental Impact
Report (EIR) is needed.
If the Initial Study identifies potentially significant impacts resulting from a project, the City
may consult with the applicant to determine if the applicant is willing to modify the project
to reduce or avoid the significant effects identified in the Initial Study (§ 15063(g)). The
applicant may make changes to the project, or agree to changes suggested by the City in order
to avoid or reduce to insignificance potential impacts (§15063(c)(2) and §15070(b)(1)). (For
public projects, see Section V. B. 1. a. below.)
3. Preparation of a Negative Declaration, Mitigated Negative Declaration, or
Environmental Impact Report:
a. Negative Declaration. If no significant impacts are identified, a Negative Declaration
is prepared. A Negative Declaration is a written statement by the City describing why
a project will not have a significant impact on the environment and therefore does not
require the preparation of an EIR. A Negative Declaration may be prepared when no
substantial evidence exists that the project may have a significant environmental effect
(§ 15070).
b. Mitigated Negative Declaration. If the City determines that project revisions or
mitigation measures are needed to lessen the impacts to an insignificant level or to
z Unless otherwise defined in these Guidelines, all initially capitalized terms shall have the meaning given such term
in the State Guidelines.
City of Menifee
Environmental Review Guidelines Page 4 of 26
avoid significant impacts, then a Mitigated Negative Declaration is prepared
(§15041(a)). (See Section VI. G., Formulation of Mitigation Measures, below.
c. Focused EIR. For certain small residential or commercial projects, where a master
EIR has been prepared, if a significant impact is identified that has not been, or cannot
be, adequately mitigated, the Initial Study shall conclude that the project has significant
environmental effects and a Focused EIR is required. A Focused EIR shall be required
when a specific physical condition, or several physical conditions have been identified
within a proposed project area as being potentially impacted. (§§ 15178, 15179.5)
d. Full EIR. A full EIR shall be required when the physical conditions exist within an
area which will be affected by a proposed project including land, air, water, minerals,
flora, fauna, ambient noise, objects of historical or aesthetic significance, and historical
and unique archeological resources.
e. Subsequent EIR. A subsequent EIR shall be required when there are substantial
changes proposed in the project which would require major revisions to the previous
EIR; or that substantial changes in circumstances under which the project is undertaken
will require major revisions of the previous EIR; or that new information of substantial
importance, which was not known or could not have been known at the time of the
previous EIR.
C. CONTENTS OF EIRs (§15120 et seq.)
The required contents of EIRs, as set forth in Article 9 of the State Guidelines, are incorporated by this
reference.
D. ENVIRONMENTAL CONSULTANT HIRING PROCESS
The City of Menifee staff, in collaboration with project applicant, will hire environmental consultants to
prepare CEQA-related technical studies, Initial Studies/MNDs, and Environmental Impact Reports (EIR)
for private development projects where the Initial Study determines that potentially significant impacts
could result with implementation of the proposed project. The following procedures summarize the
consultant hiring process for CEQA-related technical studies, Initial Studies/MNDs, and Environmental
Impact Reports (EIR).
Qualified Consultant Lists
The Community Development Department maintains qualified Environmental Consultant lists which are
established through a Request for Qualifications (RFQ) process that is initiated every two years. The
Community Development Department prepares and distributes an RFQ to consultants interested in
providing CEQA services to the City of Menifee. The RFQ will be made available to the general consulting
community and will be available via the City's web site. The City will review all submitted Statement of
Qualifications and determine if the consultant meets the City's minimum published qualification
requirements, including but not limited to project understanding, technical expertise, related project
experience, team qualifications and competitive budget. The list of qualified consultants may be updated
every two years (Spring 2021, Spring 2023, etc.), or as determined appropriate by the Community
Development Director, to ensure that the City receives the highest caliber consulting services. Placement
on the City's qualified CEQA consultant list does not guarantee any specific CEQA work.
City of Menifee
Environmental Review Guidelines Page 5 of 26
When the Community Development Department determines that an EIR, MND, or technical study is
required for a private development project, the City will select a limited number of environmental
consultants from the qualified consultant list (in collaboration with the project applicant) to solicit
proposals.- Proposals will be requested from a select number of consultants as determined by either a
rotating list or a grouping of consultants determined to be highly qualified for a particular type of project.
The request will clearly spell out the project description and the requested environmental consulting
services required for the proposed project and will specify a due date and the required number of copies of
the proposal to be submitted to the City. The proposal may also include other requirements as determined
by the City and in coordination by Applicant/Developer. In addition, the proposal will clearly spell out the
selection criteria and any criterion weight. Consultants may be disqualified from final selection, if the City
determines that any conflict of interest exists.
Consultant Selection
The City of Menifee will review all proposals submitted for a project CEQA document and make a
determination of the most qualified proposal that meets the needs of the City/project. The successful
consultant will be notified upon selection and will enter into contract negotiations with the City. All
consultant contracts must be approved by the appropriate City authority in accordance with current city
purchasing procedures.
Project Initiation/Applicant Deposits
For private development projects, the City shall collect an initial deposit of 50% of the total amount of the
contract plus a City administrative fee. The additional 50% of the contract amount shall be requested by
City staff when approximately 50% of the environmental work has been completed or before the CEQA
document is out for public review. If the additional funds are not submitted within two weeks of being
requested, processing of the environmental document shall be placed on hold and will not be circulated The
environmental consultant will be given notice to proceed when the funds have been received from the
applicant. City staff will provide periodic updates to the project applicant regarding project budget/available
funds. The City administrative fee will be 15% of the total contract amount or $5,000.00, whichever is less.
In addition, all City -managed Environmental Agreements (project specific) will be required to have 2
agreements in place prior to any work commencing:
1. Reimbursement Agreement between the City and the specific developer of the project
2. Professional Services Agreement between the City of Menifee and the selected consultant
City of Menifee
Environmental Review Guidelines Page 6 of 26
E. AUTHORITY PROVIDED BY CEQA (§15040)
CEQA gives the City, as lead agency, authority to mitigate, approve, or disapprove projects despite
significant impacts, and to charge fees to recover costs incurred in the preparation of the environmental
documentation.
F. MITIGATE (§15041(a))
The City has authority to require changes in the project to lessen or avoid significant effects on the
environment (CCR §§15041(a), 15042 and 15064(b); PRC §§21002 and 21004).
The City has the authority to 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 the
applicable constitutional requirements such as the "nexus" and "rough proportionality" standards
required by case law.
G. APPROVE PROJECTS DESPITE SIGNIFICANT EFFECTS (§15043)
The City may approve a project despite significant environmental effects identified in an EIR if the
City makes a fully informed and publicly disclosed decision that:
1. there is no feasible way to lessen or avoid these effects; and
2. specifically identified expected benefits from the project outweigh the policy of reducing or
avoiding significant impacts of the project.
H. DISAPPROVE PROJECTS (§15042)
The City may disapprove a project, if necessary, to avoid one or more significant effects on the
environment that would occur if the project were approved.
I. FEES (§15045)
The City, as a lead agency, may charge and collect reasonable fees in order to recover the estimated
cost incurred in preparing environmental documents and for procedures necessary to comply with
CEQA on the project. These fees are subject to periodic review and adjustment in order to assure that
City costs are recovered. Litigation expenses, costs and fees incurred in actions alleging noncompliance
with CEQA are not recoverable.
Costs for the preparation of an EIR will be estimated on a case -by -case basis depending upon the scope
of the EIR, and the estimated cost shall be deposited with the City prior to execution of a contract for
services as outlined above. Certification of the final EIR will not be scheduled unless the account is in
excess of the estimate/deposit in order to cover the costs of finalizing the EIR.
City of Menifee
Environmental Review Guidelines Page 7 of 26
III. APPLICABILITY OF CEQA (§15002)
A. TIME OF COMPLIANCE (§15004)
Compliance with CEQA procedures as set forth in these Guidelines is required whenever the City
proposes to carry out or approve a project. CEQA review, preparation, and certification of appropriate
documentation occurs prior to or concurrently with an approval of a private project or authorization of
a public project.
B. RESPONSIBILITY FOR COMPLIANCE
The Director shall ensure that these guidelines are followed for public and private projects. These
guidelines apply to all agencies of the City.
City of Menifee
Environmental Review Guidelines Page 8 of 26
IV. PRELIMINARY REVIEW
A. INITIAL PROJECT REVIEW
All activities that are initiated by the City, which are determined to be a project under CEQA, funded
in whole or part by the City, or require authorization or entitlement from the City are subject to CEQA
review. City staff and City consultants, with primary responsibility for processing, reviewing, or
authorizing activities affecting the environment should be familiar with these guidelines. Most
activities that are not exempt from CEQA will be reviewed or processed by the Community
Development Department. The Community Development Department will coordinate with the
Engineering Department and Community Services Department as required for projects that may affect
a City of Menifee public facility or may require specialized technical input (traffic, hydrology,
geotechnical, etc.).
B. ACTIONS THAT CONSTITUTE A "PROJECT" (§15378)
Except as otherwise provided, these Guidelines shall apply to Discretionary Projects proposed to be
carried out or approved by the City. A project is defined as:
1. The whole of an action, which has a potential for resulting in a physical change in the
environment, directly or ultimately, and that is any of the following:
a. An activity directly undertaken by any public agency including but not limited to
public works construction and related activities, clearing or grading of land,
improvements to existing public structures, enactment and amendment of zoning
ordinances, and the adoption and amendment of local general plans or elements thereof
pursuant to Government Code Sections 65100-65700.
b. An activity undertaken by a person which is supported in whole or in part through
public agency contracts, grants, subsidies, loans, or other forms of assistance from one
or more public agencies.
c. An activity involving the issuance to a person of a lease, permit, license, certificate, or
other entitlement for use by one or more public agencies.
2. "Project" does not include:
a. Proposals for legislation to be enacted by the State Legislature;
b. Continuing administrative or maintenance activities, such as purchases for supplies,
personnel -related actions, emergency repairs to public service facilities, general policy
and procedure making (except as they are applied to specific instances covered above);
c. The submittal of proposals to a vote of the people of the State or of a particular
community that does not involve a public agency sponsored initiative;
d. The creation of government funding mechanisms or other government fiscal activities
which do not involve any commitment to any specific project which may result in a
potentially significant physical impact on the environment;
City of Menifee
Environmental Review Guidelines I Page 9 of 26
e. Organizational or administrative activities of governments that will not result in direct
or indirect physical changes in the environment.
3. 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.
C. DETERMINING EXEMPTIONS (§15250)
Generally, there are two types of exemptions: statutory and categorical. Statutory exemptions apply
to projects that the State Legislature has ruled to have insignificant effects. Statutory exemptions
include ministerial projects and emergency projects.
The City has 30 calendar days in which to determine whether a project is exempt or not. The City must
act on a project determined to be exempt within 90 calendar days after determination of exemption.
Exemptions do not apply where the cumulative impact of successive projects of the same type in the
same place over time is significant; where there is a reasonable possibility that the activity will have a
significant effect on the environment due to unusual circumstances; where a project may result in
damage to scenic resources; when a project is labeled a hazardous waste site pursuant to Government
Code Section 65962.5; or when a project may cause a substantial adverse change in the significance of
a historical resource. After approving an exempt project, the City may file a Notice of Exemption with
the County Clerk. All proposed activities must be reviewed to determine if one of the following
exemptions is appropriate:
1. Statutory Exemptions: Certain activities have been exempted from CEQA by the
Legislature. These exemptions include feasibility or planning studies, ministerial projects,
and emergency actions. A complete list of statutory exemptions is included in the Article 18
of the State Guidelines (§ 15260 and following).
2. Categorical Exemptions: Certain classes or "categories" of projects have been determined
by the State's Secretary for Resources to have an insignificant effect on the environment, and
are known as categorical exemptions. A complete list of these exemptions is included in
Article 19 of the State Guidelines (§15300 and following).
3. Common Sense Exemption: Where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is
not subject to environmental review. In such cases, the activity is covered by the common
sense exemption that CEQA applies only to projects which have the potential for causing a
significant effect on the environment (§15061). When applicable, multiple exemptions shall
be used for a project.
a. Project Rejection or Disapproval: The project will be rejected or disapproved by a
public agency.
b. Exemption Verification: If a project falls within a Categorical Exemption category,
the lead agency shall make an additional inquiry as to whether the Categorical
Exemption is inapplicable, because of the existence of any of the following factors
(§15300.2):
L For classes 3, 4, 5, 6, and 11, the project may affect an environmental
resource of hazardous or critical concern officially adopted pursuant to law
City of Menifee
Environmental Review Guidelines Page 10 of 26
(e.g., an otherwise exempt project that would impact habitat of an
endangered species).
ii. The project and successive projects of the same type in the same place will
result in Cumulative Impacts.
iii. There are unusual circumstances creating the reasonable possibility of
significant effects (e.g., an otherwise exempt project located in a wetland).
iv. The project may result in damage to scenic resources, including but not
limited to, trees, historic buildings, rock outcroppings, or similar resources
within a highway officially designated as a state scenic highway. This
exception does not apply to improvements which are required as mitigation
by an adopted negative declaration or certified EIR.
V. The project is located on a site which is included on any list complied
pursuant to Section 65962.5 of the Government Code.
A. The project may cause a substantial adverse change in the significance of a
historical resource.
c. If any of these factors cause the Categorical Exemption to be inapplicable, the applicant
shall be required to submit an environmental information form and a detailed project
description. Additional information, data, studies, and the like, may be required of the
applicant in order for the City to make an environmental determination.
D. NOTICE OF EXEMPTION (§15062)
If a determination is made that the activity is exempt from CEQA, a Notice of Exemption (NOE) may
be filed with the County Clerk.
1. When the City approves or decides to carry out the project, it shall file a Notice of Exemption
with the office of the County Clerk. This initiates a 35-calendar day statute of limitations
period on legal challenges to the City's determination that the project is exempt from CEQA.
If a Notice of Exemption is not filed, a 180-calendar day statute of limitations applies. After
the County Clerk has posted the NOE for 30 calendar days, a copy of the posted NOE is sent
back to the City. The City is required to keep a copy of the NOE on file for a period of twelve
months after that time.
2. The NOE shall include a brief description of the project, the location of the project, findings
of exemption, including citation to the State CEQA Guidelines section under which it is
found exempt, reasons supporting those findings, and the identity of the person undertaking
the project, or some type of entitlement for use of the project.
3. If filed, the notice shall be filed with the County Clerk. If state resources could be affected
the NOE shall be filed with the Office of Planning and Research (OPR). Copies of the NOE
shall be available for public inspection. Public agencies are encouraged to post NOEs on the
Internet.
E. CITY PROJECTS: ENVIRONMENTAL REVIEW PROCEDURES
(§15378(a)(1))
City of Menifee
Environmental Review Guidelines Page 11 of 26
When the City, or any of its departments, as the Lead Agency, contemplates any activity resulting in
physical change in the environment, including but not limited to Public Works construction and related
activities, clearing or grading of land, improvements to existing public structures, enactment and
amendment of zoning ordinances initiated by the City, and the adoption and amendment of the City of
Menifee General Plan or any of its elements, the following procedures shall be followed.
The department which contemplates the activity shall request the Community Development
Department to determine whether the activity qualifies for a categorical exemption. If the activity is
categorically exempt, no further CEQA review is required and regular processing of plans for the
activity may continue without further environmental review.
If the activity is not categorically exempt, an initial study shall be prepared by the City or City's
consultant. The City of Menifee directly hires environmental consultants to prepare CEQA compliance
documents (Environmental Impact Reports or Negative Declarations) for CIP projects. Depending on
the type of project, either the Community Development Department, Public Works Department, or
Community Services Department will oversee the process. The design and CEQA consultants are
generally hired as a team under one contract. The environmental review process from that point on,
including determinations and filing of notices, will be conducted in the same manner as specified above
in the procedures for environmental review of private projects, with the department proposing to carry
out the project being treated as the "applicant."
F. MSHCP Conformance
Riverside County adopted the Western Riverside County Multi -Specifies Habitat Conservation Plan
(MSHCP) on June 17, 2003. The City of Menifee is a permitee to the MSHCP, and therefore development
projects conducted within the city are required to comply with the MSHCP. Section 6.0 of the MSHCP
identifies the local implementation measures, including city and county obligations. The first step of
MSHCP review is to determine whether the project site is located within a criteria cell and/or is subject to
special studies analysis. This information can be found on the Riverside County Integrated Plan (RCIP)
conservation summary report generator website at www.wre-rca.org.
For all discretionary projects, the city must make a consistency determination in accordance with Section
4.0 of the MSHCP. A project located outside of a criteria area does not mean that MSHCP compliance is
not necessary. All discretionary projects are subject to the Riparian/Riverine, Vernal Pool and Fairy Shrimp
policies (refer to Sections 6.1.1 — 6.1.4, 6.3.1, and 6.4 of the MSHCP). If a project is located within an
identified species survey area, then a habitat suitability assessment must be conducted. This biological
report must make a clear determination as to whether or not suitable habitat is present. If a project is located
within a criteria cell, it must comply with the Reserve Assembly requirements. Once the city reviews the
MSHCP biological report and has made the MSHCP consistency determinations, Community Development
staff will send the consistency determination letter with supporting technical studies to the Western
Riverside County Regional Conservation Authority (RCA). If a project is located within a criteria cell, a
Joint Project Review (JPR) application will also be required. If the JPR determines that a project is located
within an area identified for conservation, the city will be asked to revise the project to accommodate the
conservation or proceed to the Habitat Acquisition and Negotiation Strategy (HANS) process. The City
retains the authority within the parameters outlined in the MSHCP to make alternative determinations to
achieve adequate compliance with MSHCP goals and objectives.
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V. INITIAL STUDY
The City or City consultant will prepare an Initial Study within 30 calendar days after determining the
application complete. The 30 calendar day period may be extended 15 calendar days upon the consent of
the City and the project applicant. (For public projects, these time limits do not apply.)
A. PURPOSES OF AN INITIAL STUDY(§15063(c))
1. Provide the City with information to use as the basis for deciding whether to prepare an EIR
or Negative Declaration;
2. Enable an applicant or the City to modify a project, mitigating adverse impacts before an EIR
is prepared, thereby enabling the project to qualify for a Negative Declaration;
3. Facilitate environmental assessment early in the design of a project;
4. Provide documentation of the factual basis for the finding in a Negative Declaration that a
project will not have a significant effect on the environment;
5. Determine whether a previously prepared EIR could be used for the project;
6. Eliminate unnecessary EIRs;
7. Assist the preparation of an EIR, if one is required.
B. PROJECT INFORMATION REQUIRED
The initial source of project information for the Initial Study is Appendix H the Environmental
Assessment Form in Attachment 2 (§15063(f)). This form is completed by the applicant and received
as part of the project (application) submittal. Any information that the project proponent or City deems
relevant and will facilitate the environmental review of a project, should be submitted along with the
project application. The City may require the project proponent to provide additional data and
information determined necessary for the preparation of the Initial Study.
C. TECHNICAL STUDIES
Applicants are encouraged, but not obligated to consult City staff prior to undertaking the preparation
and submittal of any technical studies for their projects, as the City will determine the type and extent
of studies required for the project related environmental documentation. If technical studies are
prepared and submitted with application materials, the studies shall be prepared by a qualified
consultant deemed to have technical competency and experience in the respective field on the City's
approved list. Studies prepared as part of the due diligence process, as identified below, may be
contracted directly by the applicant. When prepared by consultants in the approved list, these studies
are not required to be peer reviewed unless the consultant preparing the environmental document or
staff identifies a deficiency. Studies prepared by consultants not on the approved list, shall be peer
reviewed by the City (or City's consultants) to determine if the extent of analysis satisfies the scope of
the proposed project and it can be utilized in the CEQA process. The City has the right to reject
applicant submitted technical studies and require that they be completed by a City -selected CEQA
consultant, if necessary (§§15060(b), 15063(e), & 15064(b)). The environmental consultant will be
directly contracted with the City of Menifee based on a pre -approved eligibility list, and all
environmental consultant interaction with the applicant and the applicant's team will be managed by
the City in a collaborative manner.
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The City will hire an environmental consultant to assist with preparation of project specific technical
studies, Mitigated Negative Declarations, and preparation of an EIR. For complex projects it is
recommended that applicants meet with the Community Development Department staff prior to project
application submittal to ensure that all submittal requirements are understood to avoid delays associated
with incomplete case filings.
For general purposes, applicants can anticipate studies prepared as part of the due diligence and
constrains mapping processes and that specifically relate to the land/property may be submitted to the
City with project submittal. These generally include the following technical studies:
• Phase 1 Environmental Assessment
• Geotechnical/Soils Study
• Hydrology Study
• Cultural Resources/Archaeological Study* (warrant project specific discussion with City staff)
• Biological/MSHCP Consistency Findings* (warrant project specific discussion with City staff)
Technical studies that are specifically affected/informed by project design will be prepared as part of
the City's CEQA review process, and should not be prepared in advance of the project submittal by the
applicant until a full project description is agreed upon between the City and the Applicant. These
generally include the following technical studies:
• Noise Study
• Air Quality/Greenhouse Gas/Energy Study
• Traffic Impact/VMT Study
If a specific study is not listed but is required for the project (i.e. Health Risk Assessment, Fire
Protection Plan, Tribal Cultural Resource) it will be prepared by the City's consultant, unless otherwise
determined by the Community Development Director.
An unreasonable delay by the applicant in providing information (surveys, maps, etc.) requested by the
City shall suspend the running of the time periods as described in § 15107 and § 15108 (§ 15109). After
a reasonable period of time, if no action has been taken to collect or supply the necessary information
the project will be set on the approving agency agenda for denial without prejudice.
D. PREPARATION
1. Following preliminary review, the City or City consultants shall prepare an Initial Study for
nonexempt projects to determine if the project may have a significant effect on the
environment. An environmental assessment or a similar analysis prepared pursuant to the
National Environmental Policy Act will meet the requirements of this section.
2. If the City determines that an EIR will be required for a project, the City may skip further
initial review of the project and begin work directly on the EIR. However, an Initial Study
can prove to be a useful tool in assisting the City in identifying the significant effects of the
project upon which the EIR shall focus and provide findings why other effects would not be
significant or potentially significant.
E. CONTENT OF INITIAL STUDY (§15063(d))
The Initial Study is prepared by City staff or by City consultants. An Initial Study may rely upon expert
opinion supported by the facts, technical studies, or other substantial evidence to document its findings.
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However, an Initial Study is neither intended nor required to include the level of detail included in an
EIR. An Initial Study includes:
1. project description and location,
2. environmental setting,
3. environmental checklist,
4. identification of environmental effects by use of a checklist, matrix, or other method,
5. discussion of any impacts and ways to avoid or mitigate identified impacts,
6. examination of consistency with zoning, general plans and other applicable land use controls,
7. the name of the person or persons who prepared or participated in the Initial Study
(§15063(d)).
All phases of project planning, implementation, and operation shall be considered in the Initial Study.
Staff shall consult with City departments, public entities that may be a responsible or trustee agency
for the project and any individuals or organizations otherwise concerned.
F. DETERMINING ENVIRONMENTAL SIGNIFICANCE (§15064)
Critical to the environmental analysis is the determination of significant effect. The CEQA Guidelines
define the term "significant effect on the environment" as "a substantial, or potentially substantial,
adverse change in any of the physical conditions within the area affected by the project including land,
air, water, minerals, flora, fauna, ambient noise, and objects of historic and aesthetic significance."
(§ 15382).
The environmental evaluation must consider:
Primary or Direct Impacts: such as construction -related impacts of dust and noise
(§ 15064(d)(1));
Secondary or Indirect Impacts: such as those associated with growth resulting from
additional infrastructure capacity (§ 15064(d)(2)); and,
Cumulative Impacts: such as those resulting from the total effect of a group of proposed
projects or programs, over time (§15065(c)).
Significance will be judged by the intensity and longevity of the change, the size of the area affected,
and deviation from existing conditions. Establishing thresholds of significance is the best way to enable
a determination of environmental impacts.
1. Mandatory Findings of Significance (§15065): The project may be found to have a
significant effect on the environment if any of the following findings are made by the City.
a. The project has the potential to substantially degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a threatened or endangered plant
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or animal, or eliminate important examples of the major periods of California history
or prehistory.
b. The project has the potential to achieve short-term environmental goals to the
disadvantage of long-term environmental goals.
c. The project has possible environmental effects which are individually limited but
cumulatively considerable. As used in this subsection, "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.
d. The environmental effects of a project will cause substantial adverse effects on human
beings, either directly or indirectly.
The City must prepare an EIR if any of these findings occur.
2. Effects That Are Normally Significant: A project will normally have a significant
environmental effect if it may indirectly or directly affect the following:
a. Aesthetics: Have a substantial, demonstrable negative aesthetic effect.
b. Agricultural and Forestry Resources: Convert farmland to non-agricultural use.
c. Air Quality: Violate any ambient air quality standard, contribute substantially to an
existing or projected air quality violation, or expose sensitive receptors to substantial
pollutant concentrations.
d. Biological Resources: Substantially affect a rare or endangered species, interfere
substantially with the movement of any resident or migratory fish or wildlife species,
substantially diminish habitat for fish, wildlife, or plants.
e. Cultural Resources: Disrupt or adversely affect a prehistoric or historic archaeological
site or a property of historic or cultural significance to a community or ethnic or social
group; or a paleontological site, except as a part of a scientific study.
f. Enemy: Encourage activities that result in the use of large amounts of fuel, water, or
energy, use fuel, water, or energy in a wasteful manner.
g. Geology/Soils: Expose people or structures to major geologic hazards.
h. Greenhouse Gas .Emissions: Significantly increase the generation of greenhouse gas
emissions or conflict with any applicable plan, policy or regulation of an agency
adopted for the purpose of reducing the emissions of greenhouse gas.
i. Hazards and Hazardous Materials: Create a potential public health hazard or involve
the use, production, or disposal of materials which pose a hazard to people or animal
or plant populations in the area affected, interfere with emergency response plans or
emergency evacuation plans.
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j. Hydrology/Water Quality_: Substantially degrade water quality, substantially degrade
or deplete groundwater resources, contaminate a public water supply, interfere
substantially with groundwater recharge, cause substantial flooding, erosion, or
siltation.
k. Land Use/Planning: Conflict with adopted environmental plans and goals of the
community where it is located, disrupt or divide the physical arrangement of an
established community, conflict with established recreational, educational, religious,
or scientific uses of the area, convert prime agricultural land to nonagricultural use, or
impair the agricultural productivity of prime agricultural land.
1. Mineral Resources: Result in the substantial loss of availability of a significant mineral
resource.
m. Noise: Increase substantially the ambient noise levels for adjoining areas.
n. Po ulationl Housing: Induce substantial growth or concentration of population, or
displace a large number of people.
o. Public Services: Breach published national, state, or local standards relating to solid
waste or litter control, extend a sewer trunk line with capacity to serve new
development, require a "will serve" letter from a public agency and the agency
identifies serious deficiencies in providing service.
p. Recreation: Increase use of existing recreational facilities such that substantial
physical deterioration would occur or be accelerated; require the construction or
expansion of recreational facilities which might have a significant adverse effect on
the environment.
q. Trazisportation: Cause an increase in traffic which is substantial in relation to the
existing traffic load and capacity of the street system.
r. Tribal Cultural Resources: Cause substantial adverse change in the significance of
tribal cultural resources.
s. Utilities/Service Systems: Cause a significant environmental effect due to construction
of new or expanded utilities or generate solid waste in excess of the capacity of local
infrastructure.
t. Wildfire: Significantly increase the risks associated with wildfires such as impairing
emergency plans and evacuate routes or exacerbating natural risks.
G. THRESHOLDS (§15064)
Determining the significance of environmental impacts is a critical and often controversial aspect of
the environmental review process. It is critical because a determination of significance requires that
the project be substantially altered, or that mitigation measures be readily employed to avoid the impact
or reduce it below the level of significance. If the impact cannot be reduced or avoided, an
Environmental Impact Report (EIR) must be prepared.
The State Guidelines define the term "significant impact on the environment" as a substantial, or
potentially substantial, adverse change in any of the physical conditions within the area affected by the
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project. However, there is no ironclad definition of what constitutes a substantial change because the
significance of an activity may vary according to location. Each public agency is encouraged to develop
and publish thresholds of significance that the agency uses in the determination of the significance of
environmental effects. A threshold of significance is an identifiable, quantitative, qualitative, or
performance level of a particular environmental effect, non-compliance with which means the effect
will normally be determined to be significant by the agency and compliance with which means the
effect normally will be determined to be less significant.
Thresholds of significance to be adopted for general use as part of the lead agency's environmental
review process must be adopted by ordinance, resolution, rule, or regulation and developed through a
public review process and be supported by substantial evidence. Absent any such ordinance, resolution,
rule or regulation, or for issue areas for which there are no thresholds, the guidance provided in State
CEQA Guidelines Sections 15064, 15065, 15382, and Appendix G shall provide the basis for
determining significance.
H. FORMULATION OF MITIGATION MEASURES (§15370)
Mitigation measures are actions designed to alleviate or avoid the adverse environmental effects of
proposed plans and projects. If there is a potential for significant impacts, efforts should be made to
identify and incorporate mitigation measures, either into the project design prior to completion of the
Initial Study, or staff, in consultation with the applicant, shall incorporate appropriate mitigation
measures into the project approval. If identified impacts can be mitigated to a non -significant level, a
Mitigated Negative Declaration can be used. Impacts must be reduced to a non -significant level or an
EIR is required. Mitigation includes:
1. Avoiding the impact all together by not taking a certain action, or parts of an action or
redesigning the project;
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation;
3. Repairing, rehabilitating, or restoring an impacted environment;
4. Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the action;
5. Compensation for the impact by replacing or providing substitute resources or environments,
including through permanent protection of such resources in the form of conservation
easements.
Creativity, reasonableness, and practicality should be used in developing mitigation measures for
identified impacts, providing that the mitigation adequately and accurately addresses the impact.
A Mitigation Monitoring or Reporting Program shall be made a condition of approval of the project.
The City shall require a Mitigation Monitoring Program for each mitigation measure required. The
Mitigation Monitoring Program shall be prepared at the time of project approval. For mitigation of
complicated or technical impacts, a consultant may need to be hired at the developer's expense (see
Section IX. B., Preparation of Mitigation Monitoring or Reporting Program, below).
When other agencies have jurisdiction over aspects of the project, the developer will have to meet the
design, mitigation, and monitoring requirements imposed by those agencies, as well as any additional
requirements established by the City of Menifee.
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VI. NEGATIVE DECLARATIONS (§15070)
There are two types of Negative Declarations: a (standard) Negative Declaration, and a Negative
Declaration with mitigation, or "Mitigated Negative Declaration." When the Initial Study shows that the
project may not have a significant effect on the environment CEQA allows for a Negative Declaration to
be adopted. The City or City Consultant will prepare the Negative Declaration, in coordination with the
project applicant.
CEQA continues to give the City the option of allowing applicants to modify their project so that the City
can make a finding that the project would not have a significant effect on the environment as proposed. If
the applicant can modify its project to avoid potential significant effects, the applicant can qualify for a
Mitigated Negative Declaration.
A. PREPARATION OF A NEGATIVE DECLARATION (§15070)
A Negative Declaration shall be prepared for nonexempt projects if:
1. The Initial Study shows that there is no substantial evidence of the project having a significant
effect on the environment; or
2. The Initial Study identified potentially significant effects but:
a. Prior to completion of the Initial Study, the project is revised to avoid or mitigate the
effects to a point where clearly no significant effects would occur; and
b. There is no substantial evidence that the project, as revised, may have a significant
effect on the environment.
B. CONTENTS OF NEGATIVE DECLARATIONS (§15071
Negative Declaration shall include:
1. A brief project description;
2. The location of the project (preferably a location map), and 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;
5. Mitigation Measures, if any, included in the project to avoid potentially significant effects.
C. PUBLIC NOTICE (§15072)
The City shall notify the public of its intention to adopt a Negative Declaration or a Mitigated Negative
Declaration, and provide opportunities to review it and any related documents by direct mail to all
landowners within a 300 foot radius of the exterior project boundary. The notice shall include a
reference as to where all documents are available for review. The county clerk of each county within
which the proposed project is located shall post such notices in the office of the county clerk within 24
hours of receipt for a period of at least 20 days. Notice shall also appear in a newspaper of local
circulation.
Where one or more state agencies will be a Responsible Agency or a Trustee Agency or will exercise
jurisdiction by law over natural resources affected by the project, the City shall send ten copies of the
Negative Declaration to the State Clearinghouse for distribution to the state agencies (§15073).
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Public review period for a Negative Declaration shall be at least 20 calendar days. The review period
for a Negative Declaration which has been submitted to the State Clearinghouse shall be at least 30
calendar days (PRC §21091).
D. TIME LIMITS (§15107, 15109)
With private projects involving the issuance of a lease, permit, license, certificate, or other entitlement
for use by one or more public agencies, the negative declaration must be completed and approved within
180 days from the date when the lead agency accepted the application as complete. Lead agency
procedures may provide that the 180-day time limit may be extended once for a period of not more than
90 days upon consent of the lead agency and the applicant.
Any unreasonable delays resulting from failure of the applicant to provide information requested by
the City and necessary to complete the Negative Declaration, shall suspend these limits.
E. CONSIDERATION AND APPROVAL OF NEGATIVE DECLARATIONS
(§15074)
Prior to project approval, the hearing body responsible for approval of the project shall consider the
proposed Negative Declaration or Mitigated Negative Declaration with any comments received during
the review process:
1. The hearing body shall approve the Negative Declaration only if it finds on the basis of the
Initial Study and comments received, that there is no substantial evidence of significant
effects on the environment.
2. The Negative Declaration shall reflect the City's independent judgment and analysis.
3. The City shall inform, through public notice, the location and custodian of documents or other
material which constitutes the record.
4. When a Mitigated Negative Declaration is adopted, the City shall adopt a mitigation
monitoring program (PRC §21081.6).
5. A Negative Declaration cannot be adopted for a project within the boundaries of a
comprehensive airport land use plan without first considering safety and noise issues (PRC
§21096).
F. NOTICE OF DETERMINATION (§15075)
After deciding to carry out or approve a project for which a Negative Declaration has been approved,
the City shall file a Notice of Determination (NOD) with the County Clerk within five (5) working
days. After the NOD has been posted for 30 calendar days by the County Clerk, the NOD will be
returned to the City. The returned NOD must then be retained for not less than twelve months (PRC
§21152). Filing and posting the NOD starts a 30-calendar day statute of limitations on court challenges
to CEQA approvals. Failing to file the NOD within the required time period extends the statute of
limitations to 180 calendar days. If the project requires a discretionary approval from any State agency,
the notice shall also be filed with the Governor's Office of Planning and Research.
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VII. ENVIRONMENTAL IMPACT REPORTS (EIRs)
The EIR process starts with the decision to prepare an EIR. This decision will be made either during
preliminary review (§15060) or at the conclusion of an Initial Study (§15064). The City or City Consultant
will prepare the EIR, in coordination with the project applicant.
A. DECISION TO PREPARE AN EIR (§15063)
If the Initial Study determines that a project may have a significant effect on the environment, which
cannot be eliminated by changing the project or adding mitigation measures, the City shall initiate the
preparation of an EIR. If the City can determine that an EIR will clearly be required for the project, an
Initial Study is not required but may still be desirable.
The Director will determine whether an EIR is required within 30 calendar days of determining the
application complete. A 15-calendar day extension may be approved upon consent of the applicant.
B. SCOPE OF AN EIR (§15082)
The breadth of analysis in the EIR shall be determined by one or more of the following: the Initial
Study, comments of the City staff or City consultants, and responses to the Notice of Preparation. The
EIR should focus on potentially significant impacts, and need not discuss items determined to be
insignificant by the Initial Study, or items not raised in response to the Notice of Preparation. For
projects of unusual scope or, complexity, City staff may hold a community scoping meeting. If a
scoping meeting is held, it shall be held during the same time period as the Notice of Preparation.
C. APPEAL
If the applicant wishes to appeal the City's finding that an EIR is required, the applicant shall file an
appeal within 20 calendar days of the date of mailing the letter. The applicant shall submit, along with
the appropriate filing fee, a letter specifying the reasons why an EIR should not be required. The appeal
shall be filed with the Community Development Department. Action on these appeals shall be heard
by the decision -making body for the project.
D. NOTICE OF PREPARATION (§15082)
Immediately after determining that an EIR is required, and upon written confirmation of acceptance by
the applicant of the need to prepare an EIR, the City shall prepare and distribute a Notice of Preparation
(NOP) stating that an environmental impact report will be prepared. The NOP shall consist of the
Notice of Preparation form and include a copy of the Initial Study, if any. To send copies of the notice
of preparation, the City shall use either certified mail or any other method of transmittal which provides
it with a record that notice was received.
If any State agency is affected, the Notice shall be sent to the State Clearinghouse in the Office of
Planning and Research for distribution and shall be filed with the county clerk.
Response to Notice of Preparation (§15082(b)). Each Responsible Agency shall provide a response
within 30 calendar days after receiving the Notice of Preparation. If a Responsible Agency fails to
reply within 30 calendar days with, either a response or a request for additional time, the City may
assume that the Responsible Agency has no response to make.
The response at a minimum shall identify:
1. The significant environmental issues and reasonable alternatives and mitigation measures
which the responsible agency will need to have explored in the draft EIR; and
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2. Whether the agency will be a responsible agency or a trustee for the project.
A generalized list of concerns does not meet the requirements for response.
E. FEES
To begin the EIR preparation process the applicant shall submit to the Community Development
Department:
1. See page 6 for fee related project information.
F. PREPARATION OF ADMINISTRATIVE DRAFT EIR (§15084)
The administrative draft of the EIR is considered a working document to be circulated among City staff,
City consultants, and any responsible agency, if appropriate. The purpose of staff review is to evaluate
the EIR for adequacy and accuracy prior to public circulation. Generally, review of the administrative
draft EIR is concluded within a few weeks, after which comments are provided to the City's consultant,
who prepares the draft EIR for publication and distribution.
G. NOTICE OF COMPLETION OF A DRAFT EIR (§15085)
As soon as the draft EIR is completed and ready for public circulation, a Notice of Completion shall be
filed with the Governor's Office of Planning and Research (OPR), 1400 loth Street, Room 121,
Sacramento, CA 95814. This notice of completion may be filed in a printed hard copy or in electronic
form on a diskette or by electronic mail transmission. Additionally, public agencies are encouraged to
make copies of notices of completion available in electronic format on the Internet. Receipt of this
notice by OPR will initiate the mandatory 45 calendar day review period for draft EIRs. The State
Clearinghouse may set shorter review periods when requested by the City due to exceptional
circumstances.
H. PUBLIC REVIEW OF DRAFT EIRs (§15087)
At the time the Notice of Completion is filed with OPR, the City shall provide notice of the availability
of a draft EIR by means of a public notice in a local newspaper. Additional notice shall be provided
by direct mailing to property owners within 300 feet of the site. The public notice shall include the a
brief description of the proposed project and its location; the starting and ending dates for the review
period during with the City will receive comments and the manner in which the City will receive those
comments; the date, time and place of any schedule meetings or hearings; a list of significant
environmental effects anticipated as a result of the project to the extent which such effects are known
to the lead agency at the time of the notice; the address where copies of the EIR and all documents
incorporated by in the EIR will be available for public review; name of the staff person to contact;
length of the review period; and deadline for receipt of comments. The public notice shall inform the
public of the presence of hazardous wastes, if any.
Copies of the draft EIR will be made available at the City library and at the public counter at the
Community Development Department. Copies of the draft EIR will be made available for purchase at
a local printing/copying company. The public review period for a draft EIR shall not be less than 45
calendar days (30 calendar days when authorized by the State Clearinghouse (PRC §21091)).
I. EVALUATION OF RESPONSES TO COMMENTS (§15088)
After the review period for the draft EIR closes, staff will assemble all written comments and summary
minutes of comments made at the public hearing(s) and transmit this package to the City's consultant
for preparation of a response to the comments. Staff will work closely with the consultant to determine:
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1. Which comments address significant environmental impacts and mitigation(s). These
comments shall be responded to by the consultant/staff;
2. Which comments address the merits of the project (as distinguished from environmental
impacts of the project) and do not require a response, but should be noted for the record;
3. Which comments are beyond the scope of environmental review (such as legal
interpretations); and
4. Which comments on impacts are too speculative for evaluation.
Responses shall be provided for all comments. At least ten (10) calendar days before certifying the
EIR, the response to comments shall be provided, either in a printed copy or in an electronic format, to
all agencies or individuals who request response to their comments. If significant new information is
added to the EIR after public notice of the availability of the draft EIR for public review, the City shall
recirculate the EIR in accordance with Section 15088.5.
J. PREPARATION OF THE FINAL EIR (§15132):
The final EIR will consist of the draft EIR, copies of comments received, the response to comments
(which includes corrections and error of fact of the draft EIR),a list of persons and organizations who
made comments, and any other information added by the City.
K. FINDINGS (§15091)
The City shall not approve or carry out a project for which a certified EIR identifies one or more
significant environmental effects unless written findings for each of the significant effects,
accompanied by a brief explanation of the rationale for each finding are made. Findings must be
supported by substantial evidence in the record of project review. The possible findings are:
1. Changes have been required, or incorporated into, the project that avoid or substantially lessen
the significant environmental effects as identified in the certified final EIR. Necessary
changes are generally identified after preparing the Initial Study.
2. Changes that would avoid or substantially lessen the significant environmental effects are
within the jurisdiction of another public agency or have already been adopted by another
agency.
3. Specific economic, legal, social, technological, or other considerations, including provision
of employment opportunities for highly trained workers, make the identified mitigation
measures or project alternatives infeasible. This finding shall describe the specific reasons
for rejecting identified mitigation measures and project alternatives.
4. A Statement of Overriding Considerations (see Subsection L below) does not substitute for
these required findings.
L. STATEMENT OF OVERRIDING CONSIDERATIONS (§15093)
If the benefits of a proposed project outweigh the unavoidable adverse effects, such effects may be
considered "acceptable." The City shall take into consideration economic, legal, social and
technological benefits for consideration when determining if the benefits outweigh the significant
effects. If the City approves a project that allows the occurrence of significant effects, it shall adopt a
City of Menifee
Environmental Review Guidelines Page 23 of 26
Statement of Overriding Considerations as part of the project approval that states specific reasons to
support its action based on the certified final EIR and/or other information in the record. This Statement
of Overriding Considerations shall be in writing and shall be supported by substantial evidence in the
record. This statement does not substitute for, and shall be in addition to, findings required pursuant to
Subsection K above. The City's consultant who prepared the draft and final EIR shall be responsible
for drafting the findings, subject to review and approval by the decision -making body.
M. CERTIFICATION OF THE FINAL EIR AND TIME LIMITS (§15090,
15108)
The approving body shall certify the final EIR for private projects within one year of accepting the
application for the project as complete. Upon consent of the applicant and the City, the one-year limit
may be extended a maximum of an additional 90 calendar days. Delays by the applicant in providing
necessary information to complete the final EIR shall suspend these time periods. In certifying the final
EIR the approving body shall find that the final EIR was prepared in compliance with CEQA, was
reviewed and considered prior to project approval, and reflects the independent judgment of the City.
N. NOTICE OF DETERMINATION (§15094)
A Notice of Determination (NOD) shall be filed with the County Clerk within five (5) working days of
project approval when an EIR has been prepared and certified for a project. After the posting of the
NOD for at least 30 calendar days the County Clerk shall send the NOD back to the City. The City shall
retain the notice for not less than twelve months. If the project requires discretionary approval from a
state agency, the Notice of Determination shall also be filed with the Office of Planning and Research.
City of Menifee
Environmental Review Guidelines I Page 24 of 26
VIII. MITIGATION MONITORING AND/OR REPORTING
PROGRAM
Mitigation measures are specific requirements which will minimize, avoid, rectify, reduce, eliminate, or
compensate for significant environmental effects. A monitoring and reporting program's effectiveness
depends in large part upon the quality of the mitigation measures themselves. Poorly drafted measures are
not only difficult to implement, they are difficult to report on and monitor.
A. PROCESSING OF MITIGATION MONITORING AND/OR REPORTING
PROGRAM: ROLES AND RESPONSIBILITIES (§15097)
1. Administrative Responsibilities: It shall be the overall responsibility of the Director to
perform the duties of Mitigation Coordinator.
Selection of Monitor: The Director shall be responsible for selecting the person(s) or firm(s)
hired by the City, in consultation with the project developer, to monitor the Mitigation and
Reporting Program for each project. In all cases, the person(s) or firm(s) responsible for
monitoring shall have sufficient expertise to determine whether or not the mitigation measure
has been accomplished.
3. Monitoring Responsibility: The Mitigation Coordinator (MC) shall be responsible for:
a. Coordinating the monitoring tasks and verification program;
b. Ensuring that the project proponent prepares a compliance schedule;
c. Coordinating monitoring by various City departments and other agencies;
d. Processing and filing compliance reports and verification reports; and
e. Preparing an annual environmental monitoring report.
f. The Mitigation Coordinator shall submit regular progress and verification reports to
the Director.
4. Enforcement Responsibility: The Mitigation Coordinator is authorized to enforce
compliance with the Monitoring Program. When compliance is lacking or incomplete, the
Mitigation Coordinator is empowered to either stop work, temporarily stop work, or allow
work to continue while compliance is being achieved.
5. Exemptions - Limitations: Any deviation from the adopted mitigation measures can only
be amended or deleted by the approving body of the environmental document. All mitigation
measures shall be met unless the circumstances or conditions that required the mitigation no
longer exist.
B. PREPARATION OF MONITORING AND/OR REPORTING PROGRAM
A Mitigation Monitoring and/or Reporting Program shall be prepared by the EIR consultant for every
project for which an EIR was prepared where mitigation measures were adopted by the approving body.
The Mitigation Monitoring and/or Reporting Program shall be reviewed and accepted by the
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Environmental Review Guidelines Page 25 of 26
Community Development Department and for certain projects may also require approval by the
approving body prior to its implementation and use. The Program shall contain the following:
1. A statement that the requirements of the adopted Program run with the real property on which
the project is located and that successive owners, heirs, and assigns of this real property are
bound to comply with all of the requirements of the adopted Program.
2. A statement which specifies the responsibilities of the applicant and the Mitigation
Coordinator as well as any professional expertise required to evaluate any part of the Program.
3. The time requirements, schedule, phases or tasks for each mitigation measure that will, upon
completion, result in issuance of a Program Completion letter from the Mitigation
Coordinator.
The Mitigation Monitoring and Reporting Program shall be written to maintain consistency with the
project as approved. It shall be the responsibility of the Mitigation Coordinator to determine that the
proposed Mitigation Monitoring Program complies with City requirements.
C. PROGRAM COMPLETION LETTER
It shall be the responsibility of the Mitigation Coordinator to determine compliance with each of the
required mitigation measures. Once all of the mitigation measures have been met, the MC will prepare
and mail a letter to the applicant indicating full compliance with the Mitigation Monitoring and
Reporting Program for the project or phase. Should there be an ongoing mitigation measure imposed,
the MC shall prepare and mail a letter to the applicant upon completion of all mitigation measures and
indicate the ongoing need of the mitigation measure and the necessary time frame for follow-up.
D. COMPLIANCE WITH STATE GUIDELINE SECTION 15097
At all times, the City's Mitigation Monitoring and/or Reporting Program will be consistent with State
Guideline Section 15097.
City of Menifee
Environmental Review Guidelines Page 26 of 26
ATTACHMENT I
APPENDIX G:
ENVIRONMENTAL CHECKLIST FORM
ATTACHMENT 2
APPENDIX H:
ENVIRONMENTAL ASSESSMENT FORM
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the
foregoing Resolution No. 21-1073 was duly adopted by the City Council of the City of
Menifee at a meeting thereof held on the 15th day of September 2021 by the following
vote:
Ayes: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
Noes: None
Absent: None
Abstain: None
raH A. Manwaring� City Clerk