CEQA Overview
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Transcript of CEQA Overview
CP110: Introduction to City PlanningEnvironmental Impact Assessment
UC Berkeley
April 4, 2011
Today’s Lecture-Understand the basics of CEQA-Understand the role of a Lead Agency-Q&A
About the Planning Department
“The San Francisco Planning Department promotes the orderly, harmonious use of land and improved quality of life for our diverse community and future generations.”
MISSION STATEMENT
Role of the Department in San Francisco
The Department: Works with elected officials, community organizations, and
other stakeholders and policymakers to prioritize policy goals for San Francisco
Provides the policy structure and framework for land use issues
Develops and supports social policy through land use and related mechanisms
Reviews development for conformity to the Planning Code Acts as Lead Agency for CEQA, ensuring that environmental
impacts reviewed and disclosed
Planning Department Organizational Structure
Planning Commission
Planning Director
AdministrationMajor
Environmental Analysis
Neighborhood Planning Operations Zoning
AdministratorCitywide Planning
Citywide Planning
Long Range Planning Provides policy development and implementation
tools through• Professional expertise• Coordination with community, policymakers
Neighborhood Planning Current Planning Implements land use policy through review of
development permits
Major Environmental Analysis (MEA) Identifies potential for adverse impacts of proposed
projects and policies Mitigates effects through implementation of
Mitigation Measures, or through the development of project alternatives that reduce, avoid or eliminate significant project impacts
Disseminates information to the public and decision-makers
Context
Enacted in 1970 in response to growing awareness of environmental impacts must be carefully considered in order to avoid unanticipated environmental problems resulting from development or planning efforts
McAteer-Petris Act (est. BCDC) in 1965
National Environmental Policy Act 1969
California Environmental Quality Act 1970
California Coastal Commission 1972
Clean Water Act 1972
Legislative Intent
Promote public participation
Disclose potential adverse physical impacts on the environment
Prevent environmental damage
Reduce environmental effects through mitigation and project alternatives
Establishes state Office of Planning and Research (OPR)
Issues mandatory CEQA Guidelines
Acts as a Clearinghouse, distributes CEQA documents to Trustee and Responsible Agencies for review and comment
Applies to “projects” that require discretionary approval (versus ministerial approval)
Initially applied only to public projects, later broadened through Frie nds o f Ma m m o th v . Mo no Co unty
Project: any activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment
Projects could include legislation
Environment: the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, and objects of historic and aesthetic significance
Socio-economic effects (e.g., cost of housing, gentrification, etc.) are outside the scope of CEQA
A “lead agency” is the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect on the environment
Responsible and/or trustee agencies could also be involved in the CEQA process
Practical Application
Objective, quantitative and qualitative analysis of Environmental Factors
Aesthetics, Ag/Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards/Hazardous Materials, Hydrology, Land Use, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation, Utilities, Mandatory Findings of Significance
Significance Criteria-would the project:“disrupt or divide the neighborhood?” (Land Use);
“substantially degrade the existing visual character or obstruct a scenic vista?” (Aesthetics)
“result in material damage to an historic resource? (Cultural Resources)
“degrade intersection operations?” (Traffic)
Thresholds of Significance
-qualitative and/or quantitative for direct and cumulative impacts
-relates to the change (delta) in baseline conditions to future conditions with project; outcome is what is significant (or not)
-lead agency may adopt local standards
Process
Exemptions
-Categorical Exemptions
-Statutory Exemptions
-Community Plan Exemptions
Initial Studies
Review of all environmental factors; scoping document
Lead agency analyzes potential for environmental effects
Makes findings for each environmental factor: “less than significant; “less than significant with mitigation” or “potentially significant”
Negative Declarations
written statement briefly describing the reasons that a proposed project will not have a significant effect on the environment and does not require preparation of an environmental impact report.
attached to Initial Study
circulated for public review for 20-30 days and adopted administratively
Environmental Impact Reports
Required when projects have the potential to significantly impact the environment
May be “focused”, “project”, “program”
Initial Studies used to focus analysis and review
Draft EIRs circulated for public review and comment for 45 days
Environmental Impact Reports
comments responded to in writing; Lead Agency prepares “Comments & Responses document”
Draft EIR + Comments & Responses = Final EIR
government board or body certifies the FEIR as “adequate, accurate, objective and complete.”
environmental findings
Environmental Impact Reports
CEQA requires lead agency identify MITIGATION MEASURES for significant impacts
courts have held EIRs must discuss feasibility of mitigation and that mitigation have a nexus to the effect they relate to
EIRS must include range of ALTERNATIVES that reduce, avoid or eliminate significant impacts
Environmental Impact Reports
alternatives must include a “NO PROJECT” alternative to describe what could happen if project is not implemented
other alternatives could include a “reduced intensity alternative” (e.g., generates less traffic); “preservation alternative” (e.g., adaptive reuse of historic building); “off site alternative” (e.g., avoids any peculiar condition at subject property)
Environmental Impact Reports
CEQA permits a Lead Agency to approve projects despite SIGNIFICANT UNAVOIDABLE IMPACTS
agency must prepare a STATEMENT OF OVERRIDING CONSIDERATIONS detailing social, legal, technical, economic benefits of a project that outweigh its environmental impacts
Appealsexemptions, Neg Decs and EIRs may be appealed
statute requires final appeal adjudicated by ELECTED BODY (e.g., in SF Board of Supervisors)
exemptions/Neg Decs: FAIR ARGUMENT STANDARD
EIRs: SUBSTANTIAL EVIDENCE STANDARD
Appealsif Exemption or Neg Dec appealed and decision-makers find potential for impact, additional analysis required, possibly in EIR (fair argument)
EIRs could be appealed on the grounds that there is substantial evidence of potential impact, could require additional analysis and recirculation
appellants must exhaust administrative remedies, before litigating in court
Project Approval
Commission, Board or other decision-making body cannot consider project approval (e.g., Conditional Use permit, General Plan Amendment, Variance, Master Plan, etc) until environmental review is completed and all administrative appeal remedies are exhausted.
Litigation could put injunction against project until courts make final determination on CEQA
thank you