Compliance with CEQA. The Developer acknowledges that the development of the Project and the Project Site is subject to compliance with CEQA, including the Mitigation Measures and the CEQA Guidelines. To the extent that the Project will require the grant of Subsequent Project Approvals that are discretionary in nature, such Subsequent Project Approvals shall be subject to review by the City during public hearings to the extent required by applicable laws.
Compliance with CEQA. The Parties acknowledge that the Final EIR prepared for the Project complies with CEQA. The Parties further acknowledge that (i) the DEIR and Final EIR contain a thorough analysis of the Project and possible alternatives to the Project, (ii) the Mitigation Measures have been adopted to eliminate or reduce to an acceptable level certain adverse environmental impacts of the Project, and (iii) the Board of Supervisors adopted a statement of overriding considerations in connection with the Project, pursuant to CEQA Guidelines Section 15093, for those significant impacts that could not be mitigated to a less than significant level. The DEIR and Final EIR for the Project is intended to be used in connection with each of the Subsequent County Approvals needed for the Project consistent with the Public Resources Code and the CEQA Guidelines, which streamlines the review of the Project and reduces the need to prepare repetitive environmental studies. Consistent with the CEQA policies and requirements applicable to the DEIR and FEIR, the EIRs will be used to the fullest extent allowed by law in connection with the processing of any Subsequent County Approval. Additional environmental review may only be required by County, in strict conformity with the terms and intent of the Public Resources Code and the CEQA Guidelines. (Pub. Resources Code, § 21166; CEQA Guidelines, § 15163).
Compliance with CEQA. Consistent with CEQA, the State’s policy to preserve and enhance environmental quality will guide DWR’s consideration of transfer proposals (Public Resources Code Section 21000). Identification of the appropriate lead agency will be based on CEQA, the CEQA Guidelines, and applicable caselaw, including Planning and Conservation League vs. Department of Water Resources, 83 Cal. App. 4th 892 (2000). CEQA requires the lead agency at a minimum to address the feasible alternatives to the proposed transfer and its potentially significant environmental impacts (1) in the selling contractor’s service area; (2) in the buying contractor’s service area; (3) on SWP facilities and operations; and (4) on the Delta and areas of origin and other regions as appropriate. Impacts that may occur outside of the transferring SWP Contractors’ service areas and on fish and wildlife shall be included in the environmental analysis. DWR will not approve a transfer proposal until CEQA compliance is completed. The lead agency shall consult with responsible and trustee agencies and affected cities and counties; and when DWR is not the lead agency, shall provide an administrative draft of the draft EIR or Initial Study/Negative Declaration to DWR prior to the public review period. A descriptive narrative must accompany a checklist, if a checklist is used. The lead agency shall conduct a public hearing on the EIR during the public comment period and notify DWR’s State Water Project Analysis Office of the time and place of such hearing in addition to other notice required by law.
Compliance with CEQA. The Parties acknowledge that the FEIR prepared for the Project complies with CEQA. The Parties further acknowledge that (i) the FEIR contains a thorough analysis of the Project and possible alternatives to the Project, (ii) the Mitigation Measures have been adopted to eliminate or reduce to an acceptable level certain adverse environmental impacts of the Project, and (iii) the Board of Supervisors adopted a statement of overriding considerations in connection with the Project Approvals, pursuant to CEQA Guidelines Section 15093, for those significant impacts that could not be mitigated to a less than significant level. For these reasons, the City does not intend to conduct any further environmental review or mitigation under CEQA for any aspect of the Project vested by this Agreement, as more particularly described by the Basic Approvals, except as may be required by applicable law in taking future discretionary actions relating to the Project.
Compliance with CEQA except that Architect agrees to coordinate its work with that of any CEQA consultants retained by District, to provide current elevations and schematic drawings for use in CEQA compliance documents, and to incorporate any mitigation measures adopted by District into the Project design at no additional cost to District.
Compliance with CEQA. The Parties will coordinate their actions under the California Environmental Quality Act (“CEQA”), including but not limited to the designation of appropriate Lead and Responsible Agencies.
Compliance with CEQA. The City Council has found that the environmental impacts of the Project have been addressed in the Final Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan-Planning Area 12 (“FEIR 02-04”) (SCH # 1989010154), including addenda to FEIR 02-04. Where the California Environmental Quality Act requires that an additional environmental analysis be performed in connection with a Subsequent Project Approval or other future discretionary approval granted by the City for the Project, the Owner shall pay all of the City’s reasonable costs to perform that additional analysis.
Compliance with CEQA. This is not a project for the purposes of California Environmental Quality Act (CEQA) Guidelines section 15178.
Compliance with CEQA. Without limiting the generality of Section 3.1, the Developer expressly acknowledges that any agreement resulting from the negotiations contemplated hereby shall become effective only if the agreement is approved by the County Board of Supervisors following compliance with all applicable notice and hearing requirements and compliance with all other requirements of law, including without limitation, the requirements of the California Environmental Quality Act (“CEQA”). The Parties acknowledge that the Project described in the Proposal is preliminary in nature and shall be described in further detail in the LDDA to be negotiated during the Negotiation Period. Without limiting the foregoing, the Parties acknowledge that the County retains discretion to (i) modify the proposed development as the County may, in its discretion, determine to be necessary to comply with CEQA, (ii) select other feasible alternatives and/or impose mitigation measures to avoid or minimize significant environmental impacts; (iii) balance the benefits of the proposed development against any significant environmental impacts prior to taking final action, if such impacts cannot otherwise be avoided; and/or (iv) determine not to proceed with the proposed development of the Property.
Compliance with CEQA. The obligations of the Parties under this MOU are conditioned upon compliance with CEQA. In no event shall the City or Society be authorized or required to develop the Project unless and until the City has completed its review under CEQA and has taken appropriate discretionary action as lead agency.
