CEQA Compliance Clause Samples
The CEQA Compliance clause requires parties to ensure that any actions or projects undertaken comply with the California Environmental Quality Act (CEQA). This typically involves conducting environmental reviews, preparing necessary documentation such as Environmental Impact Reports, and obtaining approvals from relevant agencies before proceeding with a project. The core function of this clause is to ensure that environmental impacts are properly considered and mitigated, thereby reducing legal risks and promoting responsible development.
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CEQA Compliance. (a) Compliance with the California Environmental Quality Act (“CEQA”), Pub. Res. Code § 21000 et seq., is a condition precedent to the Buyer’s obligations under this Agreement. The Seller shall not have any right to install the Generating Facilities until the Buyer has fully complied with CEQA and issued a notice to proceed to Seller. Buyer agrees to begin the initial analysis within ten (10) days after the Effective Date of this Agreement. If that analysis indicates that an exemption or a negative declaration will suffice, then Buyer will proceed to complete the exemption or negative declaration in accordance with applicable law. Seller shall promptly reimburse Buyer for Buyer costs, up to but not exceeding $3,000 per site for negative declaration, and $250 for exemption letter per site, for such analysis and completion of exemption or negative declaration no later than 30 days after Buyer sends invoice for same to Seller. Seller shall promptly proceed to perform its obligations under this Agreement. If Buyer determines that the costs for such analysis and completion of exemption or negative declaration for each applicable Generating Facilities shall exceed the stated maximum amount eligible for reimbursement, it shall notify Seller in advance prior to expending more than the maximum amount and state in writing the additional costs Buyer reasonably expects to incur for such analysis and completion of exemption or negative declaration for each applicable Generating Facilities. Seller may, in its sole discretion, agree to pay Buyer additional sums to defray such costs. If Seller does not agree to do so within thirty (30) days of receipt of Buyer’s written notification of such additional costs, then the Agreement shall terminate as to the applicable Generating Facility, and neither Party shall have any liability to the other Party (other than any such liabilities that have accrued prior to such termination).
(b) If the Buyer reasonably determines that a mitigated negative declaration (“MND”) or environmental impact report (“EIR”) is required to comply with CEQA, then Buyer shall promptly provide Seller with a written statement detailing the reasons that Buyer believes that an MND or EIR is required, to comply with CEQA for the applicable Generating Facility and the estimated cost to comply with CEQA for the applicable Generating Facility. Unless within thirty (30) days of receipt of Buyer’s written statement, Seller issues Buyer a written statement signed by...
CEQA Compliance. The proposed use of DPR Property by School under this MOA is not subject to the California Environmental Quality Act (“CEQA”), because: (i) the activity is not a “project” for purposes of CEQA, since it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment; (ii) the activity is exempt from the provisions of CEQA under the common sense exemption, since it can be seen with certainty that there is no possibility that the activity will have a significant effect on the environment pursuant to State CEQA Guidelines § 14061(b)(3); and (iii) the activity is exempt under § 15301 of the CEQA Guidelines, since the activity involves the operation of an existing public facility with negligible or no expansion of its existing use or consists of minor leasing of existing facilities.
CEQA Compliance. The District has complied with all assessment requirements imposed upon it by the California Environmental Quality Act (Public Resource Code Section 21000 et seq. (“CEQA”) in connection with the Project, and no further environmental review of the Project is necessary pursuant to CEQA before the construction of the Project may commence.
CEQA Compliance. Licensee shall comply with all California Environmental Quality Act, codified at Public Resources Code Section 21000 et seq. (“CEQA”), mitigation requirements applicable to the activities undertaken pursuant to this SLA as directed by the Judicial Council.
CEQA Compliance. With respect to any activity undertaken pursuant to this Agreement that is a “Project” pursuant to the California Environmental Quality Act, the “lead agency” and any and all “responsible agencies” shall be determined by law.
CEQA Compliance. Describe how compliance with the California Environmental Quality Act (CEQA) will be achieved in the Scope of Work. Is there an existing (CEQA) document that addresses this project or can be used to meet CEQA requirements? Please indicate the CEQA document type (For planning, education and other projects that are exempt from CEQA, select “Not Applicable”): Notice of Exemption Document Identification Number:
CEQA Compliance. The Replacement Terminal Project was analyzed and examined in a Final Environmental Impact Report (State Clearinghouse No. 2015121095) (the “EIR”) prepared by the Authority as lead agency. At a duly noticed public hearing on July 11, 2016, the Authority Commission adopted Resolution No. which certified the EIR in accordance with California Environmental Quality Act (“CEQA”) Guidelines Section 15090, adopted findings in accordance with Public Resources Code Section 21081 and CEQA Guidelines Section 15091, adopted a Statement of Overriding Considerations in accordance with CEQA Guidelines Section 15093, and imposed certain mitigation measures on its project approvals by adopting a Mitigation Monitoring Plan in accordance with CEQA Guidelines Section 15097, which mitigation measures are incorporated herein by reference. At a duly noticed public hearing on , , 2016, the Burbank City Council (“City Council”) considered the information in the EIR prior to taking action on the Replacement Terminal Project, and adopted findings with respect to the environmental impacts of the Replacement Terminal Project.
CEQA Compliance. The CITY prepared and certified the Final Environmental Impact Report for the Project and imposed certain Mitigation Measures in compliance with CEQA for approval of the Project Entitlements. CITY and LANDOWNER shall comply with and perform the Mitigation Measures when and where applicable to each Party as specified in the Mitigation Monitoring Program. Because this Agreement and the Mitigation Measures are intended to mitigate all significant environmental impacts of the Project which can feasibly be mitigated, CITY shall not impose any additional mitigation measures as a condition of any Subsequent Approval except measures that CITY is required to impose under CEQA for the approval or certification of any mitigated negative declarations or subsequent or supplemental environmental impact reports that are required to be approved or certified under CEQA as a condition of such Subsequent Approval. Nothing contained in this Agreement limits the CITY’s ability to comply with the CEQA Act, the CEQA Guidelines and the CITY’s CEQA procedures, and as they may be amended from time to time.
CEQA Compliance. A Supplemental Environmental Impact Report was prepared and, on January 4, 2012, certified by City for the City of Pleasanton Housing Element and Climate Action Plan General Plan Amendment ("Housing Element EIR"). In connection with the Housing Element EIR, City also adopted a Mitigation Monitoring and Reporting Program ("MMRP"), portions of which were made applicable to the Project Site. The Housing Element EIR anticipated that a high density residential project of up to 168 housing units would be constructed on the Project Site. Upon receipt of Developer’s project applications, City prepared and considered an Addendum to the Housing Element EIR and determined that the Housing Element EIR fully analyzed all the impacts of the Project.
CEQA Compliance. County could be either lead agency or responsible agency under CEQA, depending on final project. Nothing in this Agreement shall be interpreted as limiting or prohibiting County’s obligations or discretion as a responsible or lead agency under CEQA to (a) comment on or consider any environmental documentation prepared by lead agency for the Project or (b) make any findings required by CEQA, including, if necessary, adopting or refusing to adopt a statement of overriding considerations. In the event that the environmental documentation prepared by a lead agency, which could either be County or another governmental agency, identifies any alternatives to the Project or mitigation measures that are within the jurisdiction of County as a responsible or lead agency to implement, County may consider such alternatives and mitigation measures and adopt all or some of the alternatives or mitigation measures prior to executing the Ground Lease. Any alternatives or mitigation measures adopted by County shall be incorporated into the Ground Lease. If Developer rejects the inclusion of such adopted alternatives or mitigation measures in the Ground Lease, County or Developer shall be entitled to terminate this Agreement. Prior to execution of the Ground Lease by the County, the making of any findings required by CEQA, the determination of whether a statement of overriding considerations should or should not be adopted, whether alternatives or mitigation measures identified in the environmental documentation prepared by the lead agency should be incorporated into the Ground Lease, or whether a notice of determination pursuant to Public Resources Code Section 21152 should be filed shall be made by the County of San Diego, Director, Department of Public Works, with appeal rights to the San Diego County Board of Supervisors. Developer shall defend and indemnify the County, its agents, officers and employees (collectively "County Parties") from any claim, action, liability or proceeding against the County Parties to attack, set aside, void or annul the Developer’s Project or any of the proceedings, acts or determinations taken, done or made as a result of County's processing and for approval of the Project. Developer’s obligation to defend and indemnify under this Agreement shall apply to any lawsuit or challenge against the County Parties alleging failure to comply with the California Environmental Quality Act (“CEQA”) or compliance with the requirements of any other federal...