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LWEIWORELEASING PRACTICES <br /> project commences,and it must also receive all required approvals from the City's Community <br /> Development Department. _ <br /> CEQA—The California Environmental Quality Act(CEQA,21000,et seq.of the California Public <br /> Resources Code)requires the potential impacts of projects having a physical impact on the environment to <br /> be analyzed prior to initiating construction. State CEQA Guidelines sections 15061(b)(3)and 15378 <br /> exempts projects that have no potential for causing a significant effect on the environment. Where it can be <br /> seen with certainty that there is no possibility the activity in question may have a significant effect on the <br /> environment,the activity is not subject to CEQA. <br /> City Council's action involving approving this Policy does not directly authorize the construction of any <br /> future individual projects.Subsequently,future City Council action,if taken,to approve consideration of a <br /> development proposal,will be the triggering event necessitating CEQA review. <br /> If not exempt,beginning with an initial study under CEQA,each project will be reviewed by Airport <br /> management and the City's planning staff.The initial study will determine the appropriate level of CEQA <br /> documentation/coordination necessary and advise on additional actions,documentation,and public <br /> involvement required to conclude the process. In all efforts associated to the proposed project and CEQA, <br /> the Airport will be the lead agency and the project proponent will be the City. <br /> FAA Section 163 Determination—Section 163 of the FAA Reauthorization Act of 2018 and FAA's <br /> implementing policies require a determination as to whether any Airport project requires FAA approval. <br /> The project proponent shall provide sufficient information for the City to make a formal request to the FAA <br /> for a determination of the applicability of Section 163. FAA approval is required if the project meets one of <br /> three criteria:(a)the project would have a material impact on the safe and efficient operation of aircraft;(b) <br /> the project would have an adverse effect to the safety of people or property on the ground;or(c)the project <br /> would have a significant adverse effect on the value of prior federal investments in the Airport. Project <br /> proponents are urged to consult the latest FAA guidance on compliance with Section 163 to determine <br /> whether FAA approval is likely to be required but must recognize that the FAA is the final arbiter of the <br /> applicability of this law. If any of these criteria is met,the project will require FAA approval of an <br /> amendment or revision to the Airport Layout Plan. <br /> If FAA determines that its approval is required,the agency will inform the City what level of environmental <br /> review will be required pursuant to NEPA. The project proponent will be required to fund and coordinate <br /> the environmental review process as provided in this section. <br /> NEPA—The National Environmental Policy Act(NEPA,42 U.S.C. §4321 et seq., 1969)establishes the <br /> broad national framework for protecting the environment.NEPA's basic policy is to assure that all branches <br /> of government consider the environment prior to undertaking any major federal action that significantly <br /> affects the environment. <br /> NEPA requirements are invoked whenever FAA approval of a project is required.The FAA determines <br /> whether its approvals would trigger a Categorical Exclusion,an Environmental Assessment(EA)or an <br /> Environmental Impact Statement(EIS). <br /> 1.9. Airport Land Use Commission Review <br /> The Airport Land Use Commission (ALUC) typically reviews development projects on properties <br /> surrounding an airport, not on airport property itself. The Commission's jurisdiction covers the area <br /> surrounding the airport within a specified distance, called the Airport Influence Area (AIA), which is <br /> Leasing and Development Policy 5 <br /> City of Livermore, Livermore Municipal Airport <br />