LAFCO AND CEQA LAFCO Role as A Responsible Agency

1
LAFCO AND CEQA LAFCO Role as A Responsible Agency

• LAFCo must rely upon the environmental document
  prepared by the lead agency unless
• 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)

2
LAFCos 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 agencys jurisdiction
  (15041(b), 15096(g))
• May deny approval in order to avoid significant
  adverse environmental impacts (15042)

3
LAFCos 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 LAFCos role on the project.

4
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.

5
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

6
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

7
Authority to Request Additional Information under
CKH

• LAFCos 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