The Implications of CEQA:You Better Plan For It

Trevor Macenski, Regional ManagerMichael Brandman Associates

Tom Buford, Senior PlannerCity of Sacramento

Outline• CEQA basics- Trevor • Whos Who of the Process - Tom• CEQA’s “impact” on the planning process- Trevor• Stakeholders- Tom• Example Projects- Trevor/ Tom

CEQA Basics

Introduction and Purpose

Rules and Regulations

• The StatutePublic Resources Code §§ 21000-21178 (PRC)

• The GuidelinesCalifornia Code of Regulations Title 14, §15000 et seq. (CCR)

• The CourtsOngoing court decisions (Case law)

Introduction to CEQA

• 1969: President Nixon signs National Environmental Policy Act (NEPA)

• 1970: Governor Reagan signs California Environmental Quality Act (CEQA)

• CEQA (the Statute): Established by Legislature

…and continuously modified by Legislature

…and “interpreted” by the Courts

Basic Purposes of CEQA

1. Inform government decision makers and the public about the potential significant environmental impacts of proposed activities

2. Identify ways that environmental impact(s) can be avoided or significantly reduced

Basic Purposes of CEQA (cont.)

3. Prevent significant avoidable damage to the environment by requiring changes in the project through the use of alternatives and mitigation

4. Disclose to the public the reason that an agency approved a project notwithstanding its environmental impacts

Whos who…

Everyone has an agenda

Knowing Your Role

1) Lead Agency

2) Responsible Agency

3) Trustee Agency

4) Public Interest Groups

5) Joe the plumber

6) Unions

7) Consultants

Who is “in charge” of CEQA?

Lead Agency

CEQA is a “Self-executing Statute” meaning it is the Lead-Agency’s duty to determine what is and is not subject to CEQA, and to follow the process.

Public can go through the legal process (suing) to challenge decisions

CEQA’s Impact on the Planning Process

Perfect planning often has not so perfect impacts….

CEQA and the Public

CEQA is the bridge between the hard sciences and the public.

Technical studies will need to cater to public understanding

Often, site plans, engineering drawings will need to be simplified for CEQA purposes

Common CEQA Projects

Residential

Commercial

Transportation projects

Water and energy infrastructure

Planning Related CEQA Projects

SOI AmendmentsAnnexationsSpecific PlansGeneral PlansClimate Action PlansHabitat Conservation PlansRegional Transportation PlansAnything with a “plan” after it…

CEQA and Planning

Master or Program EIR

Environmental Constraints AnalysisPermitting Thresholds

Appendix G Resources

Significant Thresholds

Significant Unavoidable Impacts Air Quality - Construction Schedules

Traffic Impacts- LOS

Checklist topics

AestheticsAgricultureAir Quality (GHG)BiologyCulturalGeologyHazardsHydrology

Land UseMineralsNoisePopulation/HousingPublic Services/UtilitiesRecreationTransportation/trafficUrban decay

Appendix G Checklist Question Example

Biological ResourcesWould the project:

A) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Dept of Fish and Game or US Fish and Wildlife?

Stakeholders and Public Participation

Everyone has the right to be heard…

Scoping Process

Required for EIR’s not for IS/MND’sRequired when:1) Roadway project2) Statewide, regional, or areawide

significanceIf they comment you must address or

discuss why it wasn’t warranted. This must be supported by fact!

Scoping Process

During these 30 days, a scoping meeting may be held to identify key environmental concerns and issues

Identify possible impactsEncourage inter-agency consultationConsult with recognized expertsInvolve public at an early stage of the

review process (though not required)

Public Comment Process

IS/MND30 Days

EIR45 Days

All comments have to be considered. Respond to those only commenting the EIR not the project.

Common CEQA Challenges

Challenging the Process not the Project

Noticing of hearingsComment periods

Document dumpLate comment strategyDisagreement among expertsFair argument mine field

Common CEQA Challenges

Regulatory or Responsible agency choices not to comment during the NOP but then demands more analysis

Unwarranted Data Requests

Asserting that an EIR is warranted because of “controversy”.

Example Projects

The good the bad and the impacts

Elk Grove SOI EIR

SOI Amendment South of City

Almost exclusively AG.

Adjacent to Wildlife Preserve

Adjacent to Flood Zone

South Sac HCP

Incredibly Controversial

Concrete Batch Plant- Merced

Openly Non-Union Contractor

Previous Project Challenged and Lost

Out of State Consultant Hired to Challenge EIR

Five hours of public comments

County to prepare Focused EIR

Bell Village IS/MND

Infill Mixed Use Project

Commercial Center

Multi Family Housing

Adjacent to HWY 101

Groundwater Contaminated Site

Roadway and Pedestrian Improvements

Helpful WebsitesCEQA Statute and Guidelines

http://ceres.ca.gov/ceqa/

Land Use Planning Information Network (LUPIN)

http://ceres.ca.gov/planning/index.html

California Association of Environmental Professionals (AEP)http://www.califaep.org/

Questions?

Contact Information:Trevor Macenski

Michael Brandman Associates2000 “O” Street, Suite 200

Sacramento, CA 95811916-447-1100

tmacenski@brandman.com