Environmental Impact Report 101 Workshop (2/5/13)

Greenbelt Alliance

PRESERVING SOUTH COUNTY’S ICONIC LANDSCAPES

WHAT’S AT STAKE?

Importance of our agricultural inheritance

Tonight’s Case Example: THE SEQ

Tonight’s Case Example: The SEQ

Issue Areas

What are people’s biggest concerns?

¨  Farmland Conversion ¨  Extending Urban Services ¨  Urban Sprawl ¨  Viable, Local Food Production ¨  Greenhouse Gas Emissions ¨  Additional Traffic Congestion ¨  High Speed Rail Alignment ¨  Alternatives to Proposed Development

CALIFORNIA’S ENVIRONMENTAL PLANNING TOOLS AND REGULATIONS

CEQA Presentation Overview

¨  Brief History ¨  Project Review and Timeline under the

California Environmental Quality Act

¨  Types of Environmental Impacts

¨  Many Ways of Measuring the Impacts

¨  Writing Effective Comment Letters ¨  Major Issue Areas in South Santa Clara County

¤  Greenhouse Gas Emissions ¤  Additional Traffic Congestion ¤  High Speed Rail Alignment

¤  Farmland Conversion ¤  Extending Urban Services ¤  Urban Sprawl ¤  Viable, Local Food Production

HOW CAN WE AVOID IMPACTING THE

ENVIRONMENT AND STILL THRIVE?

Background and History of CEQA

¨  Passed by Governor Reagan in 1970 ¨  Requires environmental protection from the

local to state decision-making process

¨  No CEQA police, enforced by citizen or agency lawsuits

¨  CEQA purpose ¤  Disclose environmental impacts ¤  Identify ways to avoid damage ¤  Prevent significant unavoidable damage ¤  Provide reasons for a project’s approval despite

significant environmental impacts ¤  Encourage interagency cooperation

¤  Enhance public participation in planning process

Background and History of CEQA

CEQA Timeline

Do we have to worry about any impacts from the project?

Let’s include any other agencies that have jurisdiction

over the project area.

Can we design the project to avoid causing an impact

on the environment,

So which agency is leading this

project anyway?

or will there be a significant effect if the project goes forward as planned?

Following an initial study of the project, we’re giving notice of our preparation of the project’s environmental impact report.

Hire a consultant to draft an EIR.

Notify the public there will be a draft EIR released on a certain

date for a given amount of time. PUBLIC REVIEW PERIOD Incorporate public comments

on project into a final EIR including our agency response

to each question asked.

Consider mitigations to significant impacts produced from the project.

Make a final decision on the project.

How to use CEQA

¨  Awareness of planning activity or projects in your area ¨  Write a form letter to the lead agency to receive future notices

on the project ¨  Review the environmental determination (ND/MND, EIR) the

agency makes on the project ¨  Familiarize yourself with the key findings of the document and

look for discrepancies in the project’s environmental review ¨  Strategize how you can use your resources to send your

informed analysis on the project ¨  Write a comment letter to the lead agency regarding your

concerns on the impacts of the project and potential mitigations

Environmental Impact Categories

¨  Aesthetics ¨  Air Quality ¨  Hydrology/Water Quality ¨  Land Use/Planning ¨  Noise ¨  Population/Housing ¨  Public Services ¨  Recreation ¨  Transportation/Traffic ¨  Utilities/Service Systems

¨  In what way are you an

every day expert?

¨  Whose expertise could you

rely upon for support?

Measuring the Environmental Impact

¨  Global Warming Impacts ¨  Environmental Setting, or Baseline Conditions ¨  Significant Effect on the Environment ¨  Compare Anticipated Impacts to Baseline Conditions ¨  Direct vs. Reasonable Foreseeable Indirect Effects ¨  Mandatory Findings of Significance ¨  Thresholds of Significance ¨  Significant Irreversible Changes ¨  Growth-Inducing Impacts ¨  Cumulative Impacts ¨  Mitigation Measures

EIRs: How to Comment Effectively

¨  Decide on your concerns/goals and read relevant sections first; think through questions as you analyze

¨  Emphasize your local expertise but base comments on data, not emotion

¨  Be specific, succinct and professional ¨  Use standard intro, body and conclusion format ¨  Cite section directly, focus on facts and quote relevant

professionals ¨  Make sure your take home message is clear

30-day 45-day Date

55 70 12/21/2012

53 68 12/23/2012

50 65 12/26/2012

40 55 1/5/2013

35 50 1/10/2013

30 45 1/15/2013

25 35 1/25/2013

20 25 2/4/2013

15 15 2/14/2013

12 12 2/17/2013

8 8 2/21/2013

4 4 2/25/2013

0 0 3/1/2013

Comment Letter Due Date: 3/1/2013

Review Campaign Goals

Consider additional secondary goals

Reviewing and Commenting on an Enivironmental Impact Report

Comment Period

Submit EIR comment letter

Comment Letters Due

Determine what allies should be contacted to support particular sections, or specialties

Review and familiarize yourself with mitigation measures that address these goals

(days until comment letter is due)

Make bullet points of the main findings from your review

Begin to review the Plan's EIR

Following your review, compile resources to begin drafting EIR comments based on your analysis

Draft a letter with your main findings from the Plan's EIR analysis

Edit and update EIR comment letter

Send draft letter to colleagues for review

Review the relevant Elements of the Plan

Resources

¨  California Attorney General’s Office – CEQA ¤  http://oag.ca.gov/environment/ceqa

¨  Planning and Conservation League – CEQA ¤  http://www.pclfoundation.org/publications/ceqaresources.html

¨  Receive CEQA Notices for Particular Project ¤  Write a request letter to the lead agency

¨  Greenbelt Alliance ¤  Sign in to receive email with handouts

¨  Southeast Quadrant – Morgan Hill Planning Department ¤  http://www.morgan-hill.ca.gov/index.aspx?nid=670

ASSESSING MORGAN HILL’S PROPOSED DEVELOPMENT THROUGH CEQA & THE EIR

Ag Policy in South County

¨  South County Joint Area Plan – 1988

¨  Gilroy adopted agricultural mitigation policies – 2004

¨  Local Agency Formation Commission (LAFCO) adopted agricultural mitigation policies – 2007

¨  Morgan Hill published “Public Review Draft” of “Agricultural Policies and Implementation Program” - 2011

South East Quadrant

SEQ – How to use CEQA…today

¨  Awareness of current planning activity around the SEQ ¨  Write a form letter to the lead agency to receive future notices

on the project ¨  Review the online resources describing the project ¨  Anticipate the key findings of the document and potential

shortcomings in the project’s environmental review ¨  Strategize how you can use your resources to send an informed

analysis on the project ¨  Draft an outline of a comment letter to the lead agency

regarding your concerns on the impacts of the project and recommended mitigations

IMPACTS &

MITIGATIONS

SEQ - Impact Categories

¨  Aesthetics ¨  Air Quality ¨  Hydrology/Water Quality ¨  Land Use/Planning ¨  Noise ¨  Population/Housing ¨  Public Services ¨  Recreation ¨  Transportation/Traffic ¨  Utilities/Service Systems

¨  In what way are you an

every day expert?

¨  Whose expertise could you

rely upon for support?

SEQ – Impacts from Urbemis

¨  Air Quality

¨  Transportation/Traffic

75,000 tons of CO2 emitted per year

47,000 trips and 354,000 vehicles miles

travelled each day

SEQ – Alternative Analysis

Agricultural Mitigations

¨  GOAL : NO NET FARMLAND LOST

¨  Best practices – Agricultural Land Bank

¤  1:1 Ratio of converted farmland to protected farmland n  The developer to find the farmland to protect.

¤  CEQA Nexus of In-Lieu Fees (maybe acceptable in MH condition) n  The city is in charge of find the farmland to protect.

Farmland in Morgan Hill

Break Out Groups

¨  Farmland Conversion ¨  Extending Urban Services ¨  Urban Sprawl ¨  Viable, Local Food Production ¨  Greenhouse Gas Emissions ¨  Additional Traffic Congestion ¨  High Speed Rail Alignment ¨  Alternative Scenarios for

Planned Development ¨  Other?

¨  What are you looking for?

¨  What are your goals?

¨  How would you comment?

Environmental Impact Report 101 Workshop (2/5/13)

Documents

Transcript of Environmental Impact Report 101 Workshop (2/5/13)