HomeMy WebLinkAbout2025-07-10 - Resolution No. 2025-16 RESOLUTION NO. 2025-16 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING PROCEDURES TO IMPLEMENT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the California Environmental Quality Act requires the Yorba Linda Water District, a public agency, to adopt its own objectives, criteria, and procedures for implementing CEQA, which must be consistent with CEQA and the State CEQA Guidelines. WHEREAS, in 1978, the District Board of Directors adopted Resolution No. 1978- 05-30 to adopt the "Yorba Linda County Water District Local Guidelines Implementing the California Environmental Quality Act", adopting specific procedures for implementing CEQA. WHEREAS, in 1980, the District Board of Directors adopted Resolution No. 1980- 32, to adopt the "Yorba Linda County Water District Local Guidelines Implementing the California Environmental Quality Act", (a) adopting specific procedures for implementing CEQA, and superseding all prior local guidelines, and (b) adopting and incorporating into the District's local guidelines the "State EIR Guidelines" as they "now exist or hereafter may be amended" and authorizing and directing District staff to substitute such amended State EIR Guidelines for those then attached to and incorporated in the District's local guidelines and transmit notice of the changes to the Directors. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District that this District adopts updated local procedures for implementing CEQA as follows: Section 1. Definitions. As used herein, the following terms shall have the following meaning: a. "Board" shall mean the Board of Directors of the Yorba Linda Water District. b. "CEQA" shall mean the California Environmental Quality Act (Public Resources Code Section 21000 et seq). c. "District" shall mean the Yorba Linda Water District. Resolution No.2025-16 Adopting Procedures to Implement the California Environmental Quality Act 1 d. "Environmental Review Officer" shall mean the member of the District staff designated by the Board to implement the procedures adopted hereunder. e. "State EIR Guidelines" and "State CEQA Guidelines" shall have the same meaning and shall mean the guidelines established by the State for implementing CEQA. (California Code of Regulations, Title 14, Section 15000 et seq.). Section 2. Incorporation of State CEQA Guidelines. The State CEQA Guidelines, as amended from time to time, are hereby adopted and incorporated by reference herein as the District procedures for implementing CEQA. Section 3. Environmental Review Officer. The position of Environmental Review Officer is hereby established to be responsible for conducting all proceedings for the environmental evaluation of projects on behalf of the District, pursuant to the State CEQA Guidelines adopted as the District procedures for implementing CEQA.The Board hereby assigns the District Engineering Manager to the position of Environmental Review Officer, to serve at the pleasure of the Board. From and after appointment by this Resolution of the Board, the Environmental Review Officer (or designee(s)) shall be responsible for conducting all proceedings for the environmental evaluation of projects on behalf of the District, pursuant to the State CEQA Guidelines. Section 4. List of Exempt Projects. The District has found specific activities to be within the categorical exemptions established by the State CEQA Guidelines, as listed in Attachment "A" to this Resolution, which notes that the District may only rely on a categorical exemption when none of the exceptions to such exemptions, as set forth in the State CEQA Guidelines Section 15300.2, apply. Section 5. Prior Local Guidelines Superseded. All prior resolutions of this Board adopting local guidelines are superseded by this Resolution which adopts and incorporates by reference the State CEQA Guidelines, as amended from time to time, as the District's procedures for implementing CEQA. Section 6. Effective Date. This Resolution shall take effect upon its adoption. Resolution No.2025-16 Adopting Procedures to Implement the California Environmental Quality Act 2 PASSED AND ADOPTED this 1 Oth day of July 2025, by the following called vote: AYES: Directors Barbre, DesRoches, Hernandez, Lindsey, and Scott NOES: None ABSTAIN: None ABSENT: None Trudi DesRoches, Director Yorba Linda Water District ATTEST: Carole M. Wayman, Assistant Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andr B. Ga en, Esq. Kidman Gagen Law, LLP Resolution No.2025-16 Adopting Procedures to Implement the California Environmental Quality Act 3 ATTACHMENT "A" RESOLUTION NO. 2025-16 Pursuant to Sections 15022 and 15061 of the State CEQA Guidelines, this Attachment "A" to Resolution No. 2025-16 sets forth provisions for identifying the activities that are exempt from CEQA, including that the District will evaluate a proposed activity to determine if there is no possibility that the activity may have a significant effect on the environment as provided in the State CEQA Guidelines. In addition, the District has only ministerial authority over certain projects or permits, as provided by the State CEQA Guidelines, including individual utility service connections and disconnections, installation of utility facilities in approved subdivisions, and utility service connections and disconnections to potential customers within such subdivisions. Further, this sets forth a list of specific activities which the District has found to be categorically exempt from CEQA. As required by the State CEQA Guidelines, the District may only rely on a categorical exemption when none of the exceptions to such exemptions, as set forth in the State CEQA Guidelines Section 15300.2, apply. This list is intended to be representative only, and is not an exhaustive listing of the categorical exemptions on which the District has or may rely. (a) Existing Facilities (Class 1) (State CEQA Guidelines, �15301 ;_. The District may undertake projects that consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. For example, the District has found the following activities to be exempt: cleaning, repair and maintenance of pipelines and pump stations, wells, reservoirs, and pressure regulating stations; minor interior and exterior alterations of buildings; restoration of damaged structures and equipment to meet current standards; small additions to existing structures; maintenance of existing landscaping; and demolition of small structures including accessory structures such as fences. (b) Replacement or Reconstruction (Class 2) (State CEQA Guidelines, �15302). The District may undertake projects that consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. For example, the District has found the following activities to be exempt: replacement or reconstruction of reaches of pipeline and maintenance buildings, pump stations, wells, reservoirs, pressure regulating stations, and similar facilities. Attachment A-Resolution No.2025-16 Adopting Procedures to Implement the California Environmental Quality Act 1 (c) New Construction or Conversion of Small Structure (Class 3) (State CEQA Guidelines, §15303). The District may undertake projects that consist of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. For example, the District has found the following activities to be exempt: construction of water mains of reasonable length to serve construction of new small structures; construction of new fences. (d) Minor Alterations to Land (Class 4) (State CEQA Guidelines, �15304). The District may undertake projects that consist of minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. For example, the District has found the following activities to be exempt: minor trenching and backfilling; new landscaping; and filling of earth into previously excavated land with compatible material. (e) Inspections (Class 9) (State CEQA Guidelines �15309). The District may undertake projects that consist of activities limited entirely to inspections, to check for performance of an operation, or quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. For example, the District has found the following activities to be exempt: inspection of existing facilities. (f) Accessory Structures (Class 11 ) (State CEQA Guidelines, §15311 ). The District may undertake projects that consist of construction, or placement of minor structures accessory to (appurtenant to) existing commercial, industrial, or institutional facilities. For example, the District has found the following activities to be exempt: construction of on-premises signs and small parking lots. (g) Surolus Government Property Sales (Class 12) (State CEQA Guidelines, 15312). The District may undertake projects that consist of sales of surplus government property except for parcels of land located in an area of statewide, regional, or areawide concern identified in Section 15206(b)(4). For example, the District has found the following activities to be exempt: disposal of surplus property. (h) Educational or Training Programs Involving No Physical Changes (Class 22)(State CEQA Guidelines, §15322). The District may undertake projects that consist of the adoption, alteration, or termination of educational or training programs which involve no physical alteration in the area affected Attachment A-Resolution No.2025-16 Adopting Procedures to Implement the California Environmental Quality Act 2 or which involve physical changes only in the interior of existing school or training structures. For example, the District has found the following activities to be exempt: implementation of educational and training programs. (i) Minor Actions to Prevent Minimize Stabilize Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances (Class 30) (State CEQA Guidelines, §15330). The District may undertake projects that consist of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $ 1 million or less. For example, the District has found the following activities to be exempt: minor cleanup to prevent release of a hazardous substance. Attachment A-Resolution No.2025-16 Adopting Procedures to Implement the California Environmental Quality Act 3