Donner Summit Development Countdown

Foster-Syme's formal application to Placer County for Donner Summit and Serene Lakes development is imminent according to Placer County and Mike Livak.  We provide this narrative of the CEQA process that applies  to the application to provide a timeline and perspective of what lies ahead.  As documents are made available SLPOA will add links to them to this page (as well as the others) so you can easily comprehend where we are in the process and access the necessary information.  This page is based on an article by Bill Oudegeest that will appear in the January SLPOA Newsletter.

The CEQA Process

What’s Going to Happen – Procedurally

 Here is the general procedure that will be followed in Serene Lakes and on Donner Summit for the Foster-Syme Royal Gorge development:

1.  The development will be considered to be a “project” by Placer County.

An initial study will be conducted to:

• Identify environmental effects
• Assess those effects
• Determine what the significant environmental impacts will be, if any

This initial study “focuses” the subsequent EIR on appropriate areas, i.e. – the significant impacts

 If there are no significant impacts expected then a “negative declaration” will be filed. If filed these limits apply:

• A 21 day public review period is minimum regarding the negative declaration
• “Notice of determination” must be filed if it’s suggested there is no negative impact.
• There is 30 day statute of limitations for court challenges.

If impacts can be avoided or reduced by making modifications in the project then:

• A “mitigated negative declaration” is filed

• Developers can modify a project to make impacts “insignificant.”

We can assume significant environmental impacts will be found.

See Appendix A of Ch. 18 Placer County codes, Environmental Review, http://qcode.us/codes/placercounty/ for a description of "significant environmental impacts".  For your convenience they are reproduced in Appendix A at the end of this list.

2. A “Notice of preparation” for an EIR is made.

The public has a minimum of 30 days to give advice regarding the scope of the EIRs Impacts, mitigations, changes.

3. The Draft EIR will be completed including:

• Project description incl. objectives of project
• Completely disclosing impacts
• Discussion of mitigations that can be taken
• Discussion of alternatives to the proposed project
• Discussion of significant unavoidable/irreversible environmental effects
• Discussion of growth inducing impact of development
• Description and explanation of impacts not found significant
• Discussion of cumulative impacts
• Discussion of social/economic impacts is not required unless they cause secondary impacts to physical environment.
• Public hearings need not be held for draft EIRs but may be requested by the public in writing

Placer County has a good list of draft EIR contents: code 18.20.030 Contents of draft EIR at http://qcode.us/codes/placercounty/

4. “Notice of completion” will then be filed.

• Public has 30 days minimum to react to the draft EIR
• If there are regional impacts then the period is extended to 45 days
• “Notice of Availability” of the draft EIR must be filed in the newspaper, posting locally, OR by mail to affected neighbors and by mail to those who have requested notice. Code 18.20.050 Notice and review.

5. County evaluates comments made during public review

6. Final EIR produced

• It must take into account the impacts above
• It must take into account public responses from above
• Final approval of mitigation measures/changes
• Statement of overriding considerations by Placer County allowing approval
  • Changes have been made in the project
  • Mitigations are infeasible
  • Must be based on “substantial” evidence

Placer County has a good list in code 18.20.060 The final EIR  At
http://qcode.us/codes/placercounty/

7. Approval/Disapproval

Agencies may not approve projects unless significant environmental effects have been eliminated or reduced, or decided that effects are unavoidable and acceptable due to overriding considerations.  If the project is to be approved in spite of significant environmental impacts then a “Statement of overriding considerations” must be produced.

What can be overriding considerations are in Placer County: 18.20.070 Findings and statement of overriding considerations at http://qcode.us/codes/placercounty/.

Project approval by Placer County – after an application is deemed to be complete the county has 180 days to approve or disapprove.

There is a 30-day statute of limitations to challenge project in court.

Miscellaneous

How can we be sure mitigations are followed through upon?  Placer County has Code 18.28.030 which delineates the standard mitigation monitoring program which can be found at http://qcode.us/codes/placercounty/.  That said, it is the applicant who is responsible for monitoring and reporting adherence to the mitigations subject to verification by the County.  There are various sanctions for violation of the mitigation plan, Code 18.28.080

Appeals (Code 18.32.010) “Decisions relating to exemptions, negative declarations or EIRs may only be appealed by the applicant, or by persons, organizations, or public agencies that submitted written comments pursuant to this chapter, or supplied oral testimony at a public hearing on the project… Each appeal shall be accompanied by a nonrefundable fee as set forth in the Placer County land development fee schedule.”

APPENDIX A Chapter 18 Environmental Review

Impacts Which Are Normally Considered Significant (emphasis, in italics, added)

An impact is normally considered significant if it will:

Land Use

▪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.

▪Convert unique agricultural land of statewide or local importance to nonagricultural use, or impair the productivity of unique agricultural land of statewide or local importance.

▪Require a rezoning or general plan amendment in a community which has recently updated its community plan.

▪Result in a “major” project in the community.

Aesthetics

▪Have a substantial, demonstrable negative aesthetic effect.

▪Population, Housing and Employment

▪Induce substantial growth or concentration of population.

▪Displace a large number of people.

Public Services

▪Breach published national, state, or local standards relating to solid waste or litter control.

▪Extend a sewer trunk line with capacity or serve new development.

▪Require a “will serve” letter from a public agency and the agency identifies serious deficiencies in providing service.

▪Generate additional students, and adequate facilities are not available or cannot be made available in a timely fashion 

Traffic

▪Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system.

▪Generate traffic volumes which cause violations of adopted level of service standards (project and cumulative).

▪Cause or exacerbate a potential traffic hazard.

▪Generate a type of traffic for which affected routes have not been designed or are otherwise not suitable.

▪Generate traffic that would cause a violation of adopted standards in adjacent jurisdictions (project plus development from existing land use plans).

Air

▪Violate any ambient air quality standard, contribute substantially to an existing or projected air quality ▪violation, or expose sensitive receptors to substantial pollutant concentrations.

▪Emit more than 250 pounds per day of a criteria pollutant (nitrogen oxide, sulfur dioxide, carbon monoxide, or particulate matter [PM10]).

Noise

▪Increase substantially the ambient noise levels for adjoining areas.

▪Result in increased traffic-related noise that would exceed community standards as adopted in the Placer County General Plan Noise Element.

▪Result in onsite noise that could produce noise complaints or exceed noise standards as adopted in the ▪Placer County general Plan Noise Element at the property lines.

Geology

Expose people or structures to major geological hazards.

Hydrology

▪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.

▪Require significant grading in riparian areas.

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.

▪Substantially affect a threatened species.

Result in any significant activity in riparian areas or wetlands.

▪Remove more than 50 percent of the existing vegetation.

▪Result in any significant construction in a deer migration route.

Cultural Resources

▪Disrupt or adversely affect a prehistoric or historic archeological 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.

▪Substantially disturb any area of possible cultural or historical significance.

▪Remove any structure determined to have historical significance.

Energy

▪Encourage activities which result in the use of large amounts of fuel, water, or energy.

▪Use fuel, water, or energy in a wasteful manner.

Hazards

▪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 population in the area affected.

▪Interfere with emergency response plans or emergency evacuation plans