CEQA and the Environmental Review Process

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CEQA and the Environmental Review Process

• ESP 171 Urban and Regional Planning
• S. Handy
• 4/28/08

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Once upon a time
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http//saveclovervalley.org/1/med/wetlands_-_lowes
t_part.htm
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http//saveclovervalley.org/pre-history.htm
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http//www.saveclovervalley.org/
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http//saveclovervalley.org/ballot.htm
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Help us! What can we do?
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CEQA
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CEQA has easily had as much influence on land
use patterns in California as any planning law.
- Fulton Shigley
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Environmental Review

• NEPA National Environmental Protection Act of
  1969
• EIS for federally funded projects
• CEQA California Environmental Quality Act of
  1970
• EIR for publicly funded projects and for
  government actions

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The basic goal of the California Environmental
Quality Act (CEQA) is to develop and maintain a
high-quality environment now and in the future,
while the specific goals of CEQA are for
California's public agencies to 1) identify the
significant environmental effects of their
actions and, either2) avoid those significant
environmental effects, where feasible or3)
mitigate those significant environmental effects,
where feasible.
Source http//ceres.ca.gov/topic/env_law/ceqa/su
mmary.html
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CEQA Functions

• Inform To inform decision-makers about
  significant environmental effects
• Disclose To disclose to the public why a
  project is approved even if it leads to
  environmental damage

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CEQA Projects
CEQA applies to "projects" proposed to be
undertaken or requiring approval by State and
local government agencies. "Projects" are
activities which have the potential to have a
physical impact on the environment
Source http//ceres.ca.gov/topic/env_law/ceqa/su
mmary.html
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CEQA Projects

• Adoption of general plans, zoning ordinances,
  other plans
• 2. Approval of projects and issuance of
  development permits

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CEQA Guidelines
Source http//ceres.ca.gov/topic/env_law/ceqa/gu
idelines/
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CEQA Process
Lead Agency agency with principal
responsibility for issuing permits to project,
i.e. city or county planning department Responsib
le for seeing that environmental work is done in
accordance with CEQA
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The CEQA Process
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Exemptions

• Statutory determined by legislature, e.g.
• Demolition permits
• Adoption of coastal and timberland plans
• Some mass transit projects
• Small infill and affordable housing projects
• Categorical determined by California Resources
  Agency, 19 categories, e.g.
• Small projects (less than 10,000 square feet, 3
  homes or fewer, minor alterations)
• Transfer of land ownership for parks

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The CEQA Process
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Initial Study

• Assessment to determine if project may produce
  significant environmental effects
• Checklist to assess, with explanations if no
  environmental impact

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Initial Study

• What is significant?
• e.g. substantially diminish habitat
• What is substantially?

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Title 14. California Code of Regulations Chapter
3. Guidelines for Implementation of the
California Environmental Quality Act   Article
5. Preliminary Review of Projects and Conduct of
Initial Study
http//ceres.ca.gov/topic/env_law/ceqa/guidelines/
art5.html
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http//www.ceres.ca.gov/topic/env_law/ceqa/more/ta
s/threshld.pdf
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http//www.ceres.ca.gov/topic/env_law/ceqa/more/ta
s/threshld.pdf
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Checklist for Initial Study from CEQA
Guidelines
http//ceres.ca.gov/ceqa/guidelines/pdf/appendix_g
-3.pdf
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http//ceres.ca.gov/ceqa/guidelines/pdf/appendix_g
-3.pdf
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http//ceres.ca.gov/ceqa/guidelines/pdf/appendix_g
-3.pdf
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The CEQA Process
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Negative Declaration (Neg Dec)

• No further environmental review needed

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Mitigated Negative Declaration

• Negative declaration with set of mitigation
  conditions attached.
• Three prerequisites (from OPR)
• Good faith effort to determine if significant
  impact
• Project revisions or mitigations incorporated
  into project before project review
• Evidence to support lead agencys determination
  of no significant impact from mitigated project

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Environmental Impact Report (EIR)

• To provide information to decision makers and the
  public about the environmental effects of the
  project
• Expensive and time-consuming to produce but
  deemed necessary
• Developer pays
• Lead agency hires consultant to prepare

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EIR Process

• Notice of Preparation (NOP)
• Draft EIR prepared and circulated - 45 day
  review period
• Final EIR that includes comments and responses

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Source http//ceres.ca.gov/topic/env_law/ceqa/flo
wchart/index.html
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Content of EIR

• Project description and statement of projects
  objectives.
• Description of projects environmental setting
• Consideration and discussion of environmental
  impacts, esp. significant impacts
• Consideration and discussion of mitigation
  measures for significant impacts
• Consideration and discussion of alternatives to
  the proposed project including no project
• Economic and social impacts may be considered

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Important Items Discussed in EIR

• Significant environmental effects
• Unavoidable environmental effects
• Significant irreversible environmental damage
• Mitigation measures that will minimize the
  environmental effects
• Alternatives to the proposed project
• Cumulative impact that the project might have in
  combination with other projects
• Growth-inducing impact of the project

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Lead Agency Action

• Certify adequacy of EIR at time of project
  approval.
• 2. Decide how to respond to significant
  environmental impacts identified in EIR

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Options if significant impacts

• Deny the project
• Approve an environmentally preferable alternative
  to the project
• Approve the project with environmental mitigation
• Approve the project in spite of environmental
  effects and adopt a statement of overriding
  considerations, usually outlining projects
  economic benefits

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CEQA Enforcement

• Citizen litigation, not state agencies
• Consequences
• Citizen groups use threat of lawsuit to get
  leverage
• Courts shape law and its use

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CEQA Types of Court Rulings

• Whether CEQA applies
• Whether an EIR should be prepared
• Whether EIR is adequate
• Whether procedures were followed

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Friends of Mammoth vs. Board of Supervisors of
Mono County, 1972
not only situations in which the government
itself engages in construction, acquisition or
other development, but also those instances in
which the state regulates private activity.
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Types of EIRs

• Draft EIR, Final EIR
• Supplemental EIR
• Subsequent EIR
• General Plan EIR program EIR, done
  concurrently with GP revision
• Master EIR to deal with series of related
  actions that may occur under one program
• Tiering for large projects reviewed and built
  over a long period of time

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General Plan EIR or Program EIR

• If future actions consistent with GP, then no new
  EIR needed
• GP Guidelines outline what to include e.g.
• Must look at secondary effects that may follow
  from adoption of plan, including growth-inducing
  effects
• Should discuss inconsistencies between proposed
  plan and adopted regional plans as related to
  environmental issues

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Master EIRs

• To deal with a series of related actions that may
  occur under one program
• May still need more detailed EIRs for specific
  projects
• Focuses on cumulative and growth-inducing impacts
• Stricter requirements than for program EIR

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Tiering

• For large projects that will be reviewed and
  built over a long period of time.
• Starts with broad EIR for general program,
  followed by focused EIRs for elements of the
  program
• Example UCD Long-Range Development Plan EIR,
  followed by West Village EIR

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Development Permit Process

• Development permit process coordinated with
  environmental review process
• Every development project not exempt from CEQA
  must be analyzed
• Analysis must be completed within time period for
  approval/denial of project

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Development Permit Process 3 phases

• Pre-application phase
• Project proposal ready, lead agency identified
• Application phase
• Permit application forms file, lead agency checks
  that application complete
• Review phase
• EIR concurrent with development review
• Opportunities for mitigation, e.g. dedications
  and exactions through Subdivision Map Act

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Development Permit Process

• The permit and environmental review processes
  are complicated. There are often several
  agencies and many persons involved. Hundreds of
  laws and rules may apply to a particular project.
  Agencies are constantly revising their
  procedures and changing personnel
• Office of Permit Assistance (OPA) established to
  help.

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On-going tensions over CEQA

• Business groups want simpler process

• Environmental groups want strict protections

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Does it work?

• Lots of information
• More awareness?
• More sophisticated debates?
• More environmentally sound decisions?
• Less harmful projects
• A waste of time and money
• A mechanism to slow projects...

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Expanding Scope?

• Social and economic impacts
• Walmart lawsuit in Bakersfield
• Health Impact Assessments (HIAs)
• World Health Organization and others
• AB32 on greenhouse gas emissions
• Implications for General Plans?
• Implications for EIRs for GPs?

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Environmental Justice

• The fair treatment of people of all races,
  cultures, and incomes with respect to the
  development, adoption, implementation, and
  enforcement of environmental laws, regulations,
  and policies (65040.12(e)).

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Environmental Justice

• Procedural equity equal opportunities for
  participating in planning process
• Geographic equity fair distribution of both
  harmful facilities and community amenities

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EJ and CEQA?

• CEQA does not directly address EJ, but
• CEQA is unquestionably the most useful legal
  tool for the environmental justice advocate in
  California (Alan Ramo, Planning and
  Conservation League)
• Cumulative impacts
• Alternatives analysis
• Public hearings

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Next Time

• Karl Mohr, UCD Planning, on the West Village Plan
  and CEQA process
• Midterm next Tuesday!
• Catch-up on reading
• Review in section on Monday
• Pick topic for Assignment 2