CEQA Overview. History. Intent. Laura Jones 5/27/2014. CEQA Overview & Basics 1

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1 CEQA Overview History National Environmental Protection Act 1969 California Environmental Quality Act 1970 CEQA Guidelines amended every 1 2 years Intent Take all action necessary to provide the people of this state with clean air and water, enjoyment of aesthetic, natural, scenic, and historic environmental qualities, and freedom from excessive noise (One of seven policies in the legislation) CEQA Overview & Basics 1

2 When is CEQA Required? A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." A project is an activity undertaken by a public agency or a private activity which must receive some discretionary approval (meaning that the agency has the authority to deny the requested permit or approval) from a government agency which may cause either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment. Key Actors Project applicant Lead Agency Experts Public Courts (There is no central enforcement agency) Key Actors NIMBY BANANA (Build Absolutely Nothing Anywhere Near Anything) DUDE (Developer Under Delusions of Entitlement) NIMD (Not In My District) NIMEY (Not In My Election Year) CEQA Overview & Basics 2

3 Lead Agency Where two or more public agencies will be involved with a project, the determination of which agency will be the lead agency shall be governed by the following criteria: (a) If the project will be carried out by a public agency, that agency shall be the lead agency even if the project would be located within the jurisdiction of another public agency. (b) If the project is to be carried out by a nongovernmental person or entity, the lead agency shall be the public agency with the greatest responsibility for supervising or approving the project as a whole. (1) The lead agency will normally be the agency with general governmental powers, such as a city or county, rather than an agency with a single or limited purpose such as an air pollution control district or a district which will provide a public service or public utility to the project. (2) Where a city prezones an area, the city will be the appropriate lead agency for any subsequent annexation of the area and should prepare the appropriate environmental document at the time of the prezoning. The local agency formation commission shall act as a responsible agency. (c) Where more than one public agency equally meet the criteria in subdivision (b), the agency which will act first on the project in question shall be the lead agency. (d) Where the provisions of subdivisions (a), (b), and (c) leave two or more public agencies with a substantial claim to be the lead agency, the public agencies may by agreement designate an agency as the lead agency. An agreement may also provide for cooperative efforts by two or more agencies by contract, joint exercise of powers, or similar devices. Basic steps Determine whether CEQA applies Notify public (Notice of Preparation) Initial review of the project and its environmental effects (Initial Study) Documentation of initial review may result in finding no environmental effects (Negative Declaration ) or minor effects that can be avoided or reduced (Mitigated Negative Declaration) Publication of draft report with opportunity for public comment; comments must be specifically addressed in final report Environmental Impact Report (EIR) The purpose of an environmental impact report is to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided. CEQA Overview & Basics 3

4 Environmental Impact Report (EIR) Necessary if some environmental effects may be significant even with mitigation Must consider alternatives and mitigation measures that avoid or reduce these effects Requires several additional stages of public review and comment (Scoping, Draft EIR) Requires findings of public benefit from the project sufficient to override significant effects Project EIR Program EIR Tiered EIR Focused EIR Supplemental EIR Joint EIR/EIS Some Types of EIRs Contents of an EIR Summary Project Description Environmental Setting Significant Environmental Impacts (Air Quality, Biological Resources, Cultural Resources, Water Quality, Noise, Traffic, Recreation, Public Services ) Growth Inducing Impacts Cumulative Impacts Mitigation Measures that Minimize Impacts Alternatives to the Proposed Project CEQA Overview & Basics 4

5 When is CEQA not Required? Statutory Exemptions Planning studies Emergency projects Olympic games Ministerial projects Categorical Exemptions Surplus government property sales Actions to create parks or wildlife preserves Infill development projects Accessory Structures (Partial list) Ministerial versus Discretionary Ministerial Building Permit Demolition Permit (no specific ordinance requirement for review) Subdivision map Discretionary Design Review Demolition Permit (ordinance requires review) Grading Permit (Partial list) CEQA Overview & Basics 5

6 Cultural Resources and CEQA Demolition of an historic structure requires an EIR even if not listed (cannot be mitigated to less than significant) Destruction of an archaeological site does not necessarily require an EIR Who is a Qualified Professional? National Park Service Qualification Standards (Archaeologist, Architect, Architectural Historian, Historian, Historic Architecture) Example: History The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following: At least two years of full time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historic organization or agency, museum, or other professional institution; or Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. Office of Historic Preservation list of qualified professionals CEQA Acronyms CCR California Code of Regulations CDFG California Department of Fish & Game or DFG CDMG California Division of Mines and Geology CEQA California Environmental Quality Act CHRIS California Historic Resources Inventory System CRHR California Register of Historic Resources EIR Environmental Impact Report EIS Environmental Impact Statement (NEPA) FONSI Finding of No Significant Impact (NEPA) HABS Historic American Building Survey HAER Historic American Engineering Record IS Initial Study MND Mitigated Negative Declaration NAHC Native American Heritage Commission ND Negative Declaration NOP Notice of Preparation NRHP National Register of Historic Places PRC Public Resources Code SHPO State Historic Preservation Office TIS Tiered Initial Study CEQA Overview & Basics 6

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