January 10th Lecture
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Transcript of January 10th Lecture
ESP 179- Winter 2013
CEQA and EIA BasicsJanuary 10, 2013
Instructor: Trevor Macenski
Extra Credit:Charter City and a General Law
California state law dictates that cities may be organized under either General laws of the State Under a charter adopted by the local voters.
This authority is set forth in the California Government Code commencing with Section 34100.
Cities that are organized under the general laws of the State (Section 34102) Have less autonomy than those that adopt their own charter (Section 34101). General law cities follow the laws set forth in the Government Code commencing
with Section 34000.
Cities that adopt their own charter, may adopt their own procedures for matters that are considered “municipal affairs.” The California Constitution grants charter cities the power to make and enforce
all ordinances and resolutions with respect to municipal affairs (California Constitution Article XI, Section 5(a)). This is commonly referred to as the “home rule” provision.
CEQA Rules and Regulations• The Statute
Public Resources Code §§ 21000-21178 (PRC)
• The GuidelinesCalifornia Code of Regulations Title 14,
§15000 et seq. (CCR)
• The CourtsOngoing court decisions (Case law)
CEQA LingoCEQA: California Environmental Quality Act
IS: Initial Study
ND: Negative Declaration
NOP: Notice of Preparation of EIR
EIR: Environmental Impact Report
DEIR: Draft EIR
FEIR: Final EIR
NOC: Notice of Completion
NOD: Notice of Determination
NOA: Notice of Availability
CEQA Basics1969: 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
CEQA Basics• Initially intended to apply to publicly-
sponsored projects only• 1972: Friends of Mammoth v. Board of
Supervisors: CEQA applies to ‘all’ projects subject to
public agency discretionary action
Who’s Driving This Bus… Lead Agency= Bus DriverCEQA 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
Purpose of CEQA Inform government decision makers and the public about
the potential significant environmental impacts of proposed activities
Identify ways that environmental impact(s) can be avoided or significantly reduced
Prevent significant avoidable damage to the environment by requiring changes in the project through the use of alternatives and mitigation
Disclose to the public the reason that an agency approved a project notwithstanding its environmental impacts
CEQA Policy StatementsPRC 21000-21004 & Guidelines 15002,
15003: Environmental Protection General Welfare Don’t exceed thresholds Preserve and enhance Concerned effort to control pollution Must give major consideration to env. Clean air and water Don’t eliminate the bugs and bunnies.
CEQA Policy StreamliningPRC 21003 & Guidelines 15003, 15006:
Integration of CEQA into other laws Make documents useful Omit unnecessary language Feasible Mitigation and Alternatives Database to reduce delays Efficiency to conserve resources Environment on the mind Whole of the action Good faith effort Tool for informed and balanced decisions
CEQA Objectives CEQA Requirements
Disclose Env. Impacts IS, ND, EIR
Identify and prevent env. damage Mitigation measuresAlternativesMitigation monitoring
Disclose agency decision making FindingsStates of overriding considerations
Enhance public participation ScopingPublic notice requirementsResponse to commentsLegal enforcement proceduresCitizen access to the courts
Foster intergovernmental coordination Early consultationScoping meetingsNotices of preparationState Clearinghouse review
CEQA Authorizes Agencies to:Require changes in a project to lessen or
avoid significant effects, when feasible. Disapprove a project to avoid significant
effectsApprove a project with significant effects it
here is no feasible way to lessen or avoid the significant effects and the project's benefits outweigh these effects
Impose fees on a project’s applicant for CEQA implementation.
It gets political real quick…Discretion and Risk
Full Compliance vs. Losing Tax Revenue
No one size fits all compliance strategy EIR vs. ISMND
Example: Bell Village Project Vs. Elnoka VillageExample: Meteorological Towers Yolo vs. Merced
Convergence of science and the public Educate, Disclose, Consider
CEQA Key Players
Responsible Agencies
Environmental Consultants
ProjectApplicants
TrusteeAgencies
Courts
Concerned Citizens
Agency W/Jurisdiction
LEAD AGENCY
Trustee Agencies: 1) CDFG
2) SLC
3) Park & Rec
4) UC
Lead Agency: Principal responsibility carrying out or approving a project. (e.g. City or County)
Responsible Agency: Other than the lead agency that has legal responsibility for carrying out or approving a project. (e.g. Air District)
Public Participation“ Privileged position” in the CEQA process
Concerned Citizens of Costa Mesa v.32nd District Agricultural Association (1986) 42 Cal.3d 929
Opportunities: Scoping- 15083 Public Notice and Review- 15072,15087 Public Hearings and Response to Comments-
15088
Watchdog? Not really.. Office of Planning and Research
Ken Alex Scott Morgan
Major Responsibilities: Identifying Responsible Agencies Resolving Agency Disputes Posting NOC and NOD Show me the money!- CDFG Fees Guideline changes
Phases in the processPreliminary review of a project to
determine if it’s subject to CEQA
Preparation of an Initial Study to determine significant effects
Preparation of an ND, MND, or EIR.
Maybe be combined
What is a “Project” ? Comply with CEQA when you have a
“project”
Project: activity undertaken by a public agency or a private activity which may cause a change in the environment and must receive discretionary approval from a government agency. 15378 & 21605
Term “project” = Whole of the action(s)
What is NOT a “Project”? Non-projects:
Legislative activities Admin or maintenance activities Proposals School closings City place a initiative on the ballot Government organization activities
Statutory ExemptionsCategorical Exemptions
ExemptionsStatutory
Activities exempted from all or part of CEQA by the State Legislature regardless of impacts (policy decision)
Categorical Classes of projects which are exempted from
CEQA because they typically do not have significant impacts (there are exceptions)
Statutory Exemption Examples 1984 L.A. Olympic games Family day care homes Specified mass transit projects State and regional transportation improvement
programs Projects located outside California Certain pipeline work Air quality permits Ministerial projects Emergency projects Other miscellaneous per CCR §15282
Categorical ExemptionsClasses of projects that do not have a
significant impact on the environmentNot applicable when cumulative impact is
significant or when there is a potential significant impact due to unusual circumstances Scenic highways Hazardous waste sites Historical resources
Categorical Exemptions Existing facilities Reconstruction Small structures Minor alterations to
land or land use Actions by regulatory
agencies for natural resources protection or protection of the environment
Surplus property sales Land acquisition for
wildlife conservation Minor additions to
school Minor land divisions Transfer of ownership
for parks Total of 33 categories
outlined in section 15301 of Guidelines
Notice of ExemptionIf your “project” is exempt, a Notice of
Exemption (NOE) may be filed with County Clerk
The filing of an NOE shortens the time that someone can file a legal challenge to the exemption from 180 days to 35 days
Questions?
Thank You