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CEQA.pptx
What is It?
California Environmental Quality Act (CEQA) adopted in 1970 and modeled after the National Environmental Policy Act (NEPA)
Forces decision makers to consider the environmental consequences, and informs the public
Can be expensive and time intensive
The most likely component of a project to be litigated
16 states have similar laws
Proposed Football Stadium in LA
AEG Environmental Impact Report
Over 10,000 Pages
Eighteen Months to prepare
Cost 27 million Dollars
What is its Purpose
Disclose the potential impact of a project for the public and decision makers via the Environmental Impact Report (EIR) and Initial Study (IS)
Suggest methods for minimizing or avoiding impacts
If significant impacts are avoidable disclose to the public why the project has been approved
Discuss alternatives
Encourage inter agency coordination
Public participation
Three Step Process
The Agency with the greatest permitting responsibility is the LEAD AGENCY
Preliminary Review – is it a Project? Issuance of discretionary permits i.e. zoning/Land use – but not building permits
Does and exemption apply?
Categorical Exemptions
Single Family Homes
In-Fill development less than 5 acres within City Limits
Be consistent with the General Plan
Has no value as a habitat for endangered species
Approval would not result in and significant effects relating to noise, traffic, air quality or water quality
If exempt then no further environmental review is required
The Initial Study
If further review is required then an Initial Study must be prepared
Checklist of environmental factors that is used to evaluate whether a project will have a significant impact upon the environment
Ultimately determines whether a Negative Declaration, A Mitigated Negative Declaration or an Environmental Impact Report is required
Aesthetics
Biological Resources
Hazards and Hazardous Materials
Mineral Resources
Public services
Utilities
Agricultural Resources
Cultural Resources
Hydrology/Water Quality
Noise
Air Quality
Geology/Soils
Land Use/Planning
Population/Housing
Transportation/Traffic
The Initial Study
Checklist to ascertain whether the Project would;
Have a Potentially Significant Impact
Have a Less than significant impact with mitigation incorporation
Have a Less that Significant Impact
Have No Impact
SAMPLE QUESTIONS FOR AESTHETICS
A) have a substantial adverse effect on a scenic vista
B) Substantially damage scenic resources including but not limited to trees, rock outcropping and historic buildings within a state scenic highway
C) Substantially degrade the existing visual character or quality of the site and its surroundings
D) Create a new sources of substantial light or glare which would adversely affect day or nighttime views in the area
The Initial Study
The Initial Study Process
Requires an appropriate evaluation/written discussion of how the factors are affected
Supplemented by special studies (i.e. Traffic or air quality
If the checklist will not have any impact then it and the supporting paperwork are designated as a NEGATIVE DECLARATION
The Initial Study Process
If the project has some impact on the environment that require what is known as Mitigation Measures to reduce the level of impact then;
The Checklist and supporting documents are designated as a MITIGATED NEGATIVE DECLARATION
Mitigation Measures are stipulated as conditions of approval, implemented during construction or operation of the project
Sample of Mitigation Measures for Air Quality
To reduce emissions all equipment used in grading and construction must be tuned and maintained at the manufacturers specification to maximize efficient burning of vehicle fuel
The project proponent shall ensure that construction personnel are informed of ride sharing and transit opportunities
The project will ensure that existing power sources are utilized where feasible via temporary power poles to avoid on-site generators
The EIR
A comprehensive environmental assessment that examines the impact of the project using the environmental factors as the framework; states that there will be a significant impact upon the environment (significant, unavoidable, irreversible)
Must be completed before land use approvals can occur
Requires public and outside agency participation/coordination
Involves multiple disciplines (geology, biology, engineering) – Outside consultants most often prepare EIR’s
The EIR
COMPONENTS
Table of Contents
Impact Assessment/Environmental Analysis
Cumulative Impact
Alternatives to the Project
Appendices
EIR Impact Assessment/ Environmental Analysis
The major component where the existing conditions are identified
Discusses how the construction and operation of the project affects these conditions
Environmental Analysis is a more detailed exploration of the environmental factors in the Initial Study such as Air Quality, Traffic, Biological Resources, Endangered species
Where does this Process lead?
The Decision Making Body has the ultimate responsibility of certifying that the environmental review was adequate
For an EIR they have the added step of adopting written findings that state that, although the project may have a significant impact on the environment, the project has overriding reasons for gaining approval (usually financial)
CEQA
