Introduction, Project History, and Setting
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INTRODUCTION, PROJECT HISTORY, AND SETTING PURPOSE OF THIS ENVIRONMENTAL IMPACT REPORT The California Environmental Quality Act (“CEQA”) (California Public Resources Code [“PRC”], Section 21002.1) states that the purpose of an environmental impact report (“EIR”) is to identify the significant effects of a project on the environment, to identify alternatives to the project, and to indicate the manner in which those significant impacts can be mitigated or avoided. A detailed description of the proposed John Wayne Airport (“JWA” or “the Airport”) General Aviation Improvement Program (“GAIP,” or “Project”) is provided in Section 3.0, Project Description, of this Program EIR. The GAIP requires approval of certain discretionary actions by the County of Orange (“County”). For purposes of complying with CEQA, the County is the Lead Agency for the GAIP. This Program EIR is intended to provide the environmental information necessary for the County to make a final decision on the requested entitlements for the GAIP. Additionally, this EIR is also intended to support discretionary reviews and decisions by other agencies. In accordance with Section 15121(a) of the State CEQA Guidelines, this EIR is an informational document that will inform public agency decision makers and the general public of (1) the significant environmental effects of the GAIP; (2) possible ways to minimize the significant effects; and (3) reasonable alternatives to the GAIP. Decision makers are required to consider the information in the EIR in determining whether to approve, deny, or modify the GAIP. TYPE OF ENVIRONMENTAL IMPACT REPORT AND STANDARDS OF ADEQUACY UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT This EIR has been prepared in accordance with CEQA (PRC, Section 21000 et seq.) and the State CEQA Guidelines (Title 14, California Code of Regulations [CCR] Section 15000 et seq.). Section 15151 of the State CEQA Guidelines defines the standards of adequacy for an EIR as follows: An EIR should be prepared with a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure. This Draft EIR is intended to serve as a Program EIR under CEQA. Section 15165 of the State CEQA Guidelines states, “where individual projects are, or a phased project is, to be undertaken JOHN WAYNE AIRPORT GENERAL AVIATION IMPROVEMENT PROGRAM 2-1 PROGRAM ENVIRONMENTAL IMPACT REPORT Project History and Setting and where the total undertaking comprises a project with significant environmental effect, the Lead Agency shall prepare a single program EIR for the ultimate project as described in Section 15168.” Relevant portions of Section 15168 of the State CEQA Guidelines describe a program EIR as follows: (a) General. A program EIR is an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) Geographically, (2) As logical parts in the chain of contemplated actions, (3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program, or (4) As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. (b) Advantages. Use of a program EIR can provide the following advantages. The program EIR can: (1) Provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR on an individual action, (2) Ensure consideration of cumulative impacts that might be slighted in a case-by-case analysis, (3) Avoid duplicative reconsideration of basic policy considerations, (4) Allow the Lead Agency to consider broad policy alternatives and program-wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts, and (5) Allow reduction in paperwork. (c) Use with Later Activities. Subsequent activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared. (1) If a later activity would have effects that were not examined in the program EIR, a new Initial Study would need to be prepared leading to either an EIR or a Negative Declaration. (2) If the agency finds that pursuant to Section 15162, no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required (3) An agency shall incorporate feasible mitigation measures and alternatives developed in the program EIR into subsequent actions in the program. (4) Where the subsequent activities involve site specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were covered in the program EIR. 2-2 JOHN WAYNE AIRPORT GENERAL AVIATION IMPROVEMENT PROGRAM PROGRAM ENVIRONMENTAL IMPACT REPORT Project History and Setting (5) A program EIR will be most helpful in dealing with subsequent activities if it deals with the effects of the program as specifically and comprehensively as possible. With a good and detailed analysis of the program, many subsequent activities could be found to be within the scope of the project described in the program EIR, and no further environmental documents would be required. ENVIRONMENTAL REVIEW PROCESS 2.3.1 REVIEW OF AN EIR The County, as the Lead Agency (and project proponent), which has the principal authority for approving the GAIP, along with other public agencies with direct interest in the GAIP (e.g., responsible and trustee agencies), may use this Program EIR in their decision-making or permitting processes and will consider the information in this Program EIR in combination with other information that may be presented during the CEQA process. In addition, this Program EIR provides the analysis in support of the Mitigation Program that will be implemented as part of the GAIP, if approved. In accordance with CEQA, public agencies are required to make appropriate findings for each potentially significant environmental impact identified in the EIR if they decide to approve a project. If the EIR identifies significant environmental impacts that cannot be mitigated to a less than significant level through the adoption of mitigation measures or project alternatives, the Lead Agency (and responsible agencies using this CEQA document for their respective permits or approvals) must decide whether the benefits of the proposed project outweigh any identified significant environmental effects that cannot be mitigated to below a threshold of significance. If the agency decides that the project benefits outweigh the unavoidable impacts, then the agency (Lead Agency or responsible agency) is required to adopt a Statement of Overriding Considerations, which states the reasons that support its actions. The Lead Agency’s actions involved in implementation of the GAIP are described in Section 3.0, Project Description. Other agencies that may have discretionary approval over the GAIP, or components thereof, including responsible and trustee agencies, are also described in the Project Description. 2.3.2 ISSUES TO BE ADDRESSED IN THE PROGRAM EIR In accordance with Section 15063(a) of the State CEQA Guidelines, the County prepared an Initial Study (“IS”) for the GAIP and determined that the GAIP may have a significant effect on the environment; as such, an EIR is required for the GAIP. In compliance with Section 15082 of the State CEQA Guidelines, the County oversaw preparation of the Notice of Preparation (“NOP”) of the Draft Program EIR for the GAIP, which was distributed to 75 individuals or agencies on March 30, 2017, to the State Clearinghouse and other public agencies for the required 30-day review and comment period. In addition, email notices regarding the availability of the NOP on the JWA website were sent to all the lessees at the Airport; and the NOP was posted on the JWA website, as well as the County of Orange Public Works website. The NOP and distribution list are provided in Appendix A. JOHN WAYNE AIRPORT GENERAL AVIATION IMPROVEMENT PROGRAM 2-3 PROGRAM ENVIRONMENTAL IMPACT REPORT Project History and Setting A Scoping Meeting was held on April 12, 2017, from 6:00 to 8:00 PM at the JWA Administrative Office in the Airport Commission Meeting Room to facilitate agency and public review and comment on the GAIP. A hand-out, which provided an overview of the GAIP to be evaluated in the Program EIR and a list of frequently asked questions, was distributed at the scoping meeting. Comment cards were available for attendees to submit at the meeting or mail to JWA staff. Approximately 30 people attended the scoping meeting (28 people signed the sign-in sheet). A total of 13 comment letters were received during the 30-day NOP review period. Table