You Can t Build Without CEQA!

Transcription

1 You Can t Build Without CEQA! November 16, 2016, 9:15 a.m. Leigh Sata, Sonoma County Junior College District Mark Kelley and Jessika Johnson, Dannis Woliver Kelley Amy Skewes-Cox, AICP, Amy Skewes-Cox Environmental Planning SAN FRANCISCO LONG BEACH SAN DIEGO NOVATO CHICO SACRAMENTO SAN LUIS OBISPO This training is provided for educational, compliance and loss-prevention purposes only, and absent the express prior agreement of DWK, does not create or establish an attorney-client relationship. The training is not itself intended to convey or constitute legal advice for particular 1 issues or circumstances. Contact a DWK attorney for answers to specific questions. Introduction Today s Topic The panel: Leigh Sata, Santa Rosa CCD Amy Skewes-Cox, Amy Skewes-Cox Environmental Planning Mark Kelley, Dannis Woliver Kelley Jessika Johnson, Dannis Woliver Kelley 2 1

2 CEQA: The Basics 3 CEQA: What Is It, And Why Bother? The California Environmental Quality Act: The law: California Public Resources Code sec et seq. The Guidelines: California Code of Regulations sec et seq. Requires that all projects that could potentially have an impact on the environment be studied at some level under CEQA. Largely a procedural law, but failure to follow the requirements can have serious delay and cost impacts 4 2

3 5 How To Comply: The Big 3 Options Categorical Exemptions Notice of Exemption Negative Declaration/Mitigated Negative Declaration Environmental Impact Report 6 3

4 7 Categorical Exemptions One page form: Notice of Exemption Typically used categories (Guidelines, sec et seq.): Existing facilities (Class 1) Replacement/reconstruction of existing facilities (Class 2) Accessory structures (Class 11) Filing simplified; no publication requirement 35-day challenge period 8 4

5 And, If The Project Isn t Exempt? Analyze for potentially significant environmental impacts via the Initial Study If there will be no impact of the project: Negative Declaration If there could have been an impact, but it has been eliminated or reduced to less than significant: Mitigated Negative Declaration If there will be an unmitigated impact: Environmental Impact Report Each approach has strict transparency and process requirements, the EIR having the most 30-day challenge period after conclusion of process 9 Topics of Environmental Review Land Use and Planning Aesthetics Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Transportation/Circulation Air Quality and Greenhouse Gas Emissions Noise Public Services (Fire, Police, Schools, Parks) Public Utilities (Water Supply, Wastewater Disposal, and Solid Waste) Energy Alternatives (No Project; Mitigated Alternative) 10 5

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7 Slide 11 MK1 Mark Kelley, 10/5/2016

8 Discuss: Advantages and Pitfalls Of Each Categorical Exemptions Negative Declarations/Mitigated Negative Declarations Environmental Impact Reports 13 Categorical Exemptions Advantages Timing Cost Less stringent notice requirements Filing Notice of Exemption triggers 35-day challenge period Pitfalls Exceptions to Exemptions Still need to prepare record in support 14 7

9 Negative Declarations/ Mitigated Negative Declarations Advantages May reduce time & cost of evaluating project under CEQA Pitfalls But if ND/MND challenged, may involve more delay & expense than if an EIR was prepared in the first place Fair Argument Test low threshold requires preparation of EIR 15 Environmental Impact Reports PROS Reduced chances of litigation Inclusion of more information for the public (Setting, Impacts and Mitigation Measures vs. Checklist; Alternatives for consideration) Opportunity for public to comment and to receive responses Ability to approve a project with unmitigated impact(s), as long as the appropriate process is followed CONS More time consuming (8 12 months for EIR vs. 5 6 months for IS/MND) Reduced requirements for responses to public comments 16 8

10 The Consultant s Perspective 17 Sample of Site Plan 18 9

11 CEQA from the Perspective of the EIR Consultant An Overview Value of architects understanding CEQA early on Knowing neighborhood issues and involving neighbors Environmental Impact Reports (EIRs) vs. Initial Studies/Mitigated Negative Declarations Focusing the EIR for cost savings Using attorney assistance in review of CEQA documents Avoiding certain local regulations 19 Value of Architects Understanding CEQA Make sure CEQA consultant retained early on to work with architects CEQA team to point out critical environmental constraints Keep buildings in best areas of site and have clear site plan Involve architects early on to prepare clear project description Involve architects later for review of Aesthetics section of EIR and recommended mitigation measures (before EIR is public) 20 10

12 Examples of mapped site constraints 21 Knowing Community Issues And Involving Neighbors Call City Planning Dept. and find out if neighborhood group exists Make contacts with key neighborhood representatives Talk to City about recent controversial projects Hold meetings with neighbors early on to explain project Allow neighbors to comment and make suggestions Be prepared for neighbors commenting on Initial Study or EIR 22 11

13 Focusing The EIR For Cost Savings Do an Initial Study checklist early on and focus the EIR to eliminate/reduce topics not relevant (e.g., agricultural resources, mineral resources, population/housing) Reduces overall number of comments on the EIR Avoids risk of fair argument and challenge to CEQA process chosen by College Saves money in terms of EIR preparation and responses to comments 23 Minimizing Local Regulations Need to obtain resolution from Board EIR to reference this in multiple locations (Land Use, Biology, Geology) Does not apply to drainage, road, or grading regulations Sample footnote: Pursuant to California Government Code Section 53094, the governing board of a College district may render city or county zoning ordinances and general plan requirements inapplicable to a proposed classroom facilities project. Even though the District plans to adopt a resolution pursuant to Section exempting the Master Facilities Implementation Plan from any zoning ordinances or regulations of the City of, including, without limitation, the City s Municipal Code, the City s General Plan, and related ordinances and regulations that otherwise would be applicable, this EIR evaluates the project s consistency with local regulations and policies for the purposes of CEQA compliance, and also because it is the District s goal that local policies and regulations be acknowledged and adhered to as much as feasible. It should be noted that the Section exemption does not apply to drainage, road, or grading improvement or condition regulations; thus, stormwater control requirements must be met

14 Involving Counsel CEQA specialists focus on CEQA requirements but don t know case law as well Need careful review and anticipation of concerns that may be raised Best phases to involve attorney: Review of scope of work Review of Project Description Review of Administrative Draft EIR Strategizing when public comments received Ready to jump if any challenges to document 25 The Legal Perspective 26 13

15 Litigation Consequences Standing rules applied liberally Beneficial Interest standing Public Interest standing Taxpayer standing Potential Relief includes: Injunctive Relief Corrective Action Mandatory & Prohibitory Relief Costs & Attorney Fees Project delays & added costs 27 Recent Developments in CEQA Recent Cases Friends of the Coll. of San Mateo Gardens v. San Mateo Cnty. Cmty. Coll. Dist. (2016) 1 Cal.5th 937 Berkeley Hillside Preservation v. City of Berkeley (2015) 60 Cal.4th 1086 Save Our Schools v. Barstow Unified Sch. Dist. Bd. of Educ. (2015) 240 Cal.App.4th 128 Recent Legislation SB 122 effective January 1,

16 Most Prevalent Complications, Now Putting new facilities in/near residential areas Noise Traffic and parking Those students Construction schedules forcing compromises on CEQA compliance And potential exposure to legal challenges for work not yet analyzed under CEQA Lack of available sites/expansion room in urban settings 29 Thank You! Leigh Sata Director of Capital Projects Sonoma County Junior College District 1501 Mendocino Avenue Santa Rosa, CA (707) Amy Skewes Cox, AICP Amy Skewes Cox Environmental Planning P.O. BOX 422 Ross, CA (415) Mark Kelley and Jessika Johnson Dannis Woliver Kelley 275 Battery Street, Suite 1150 San Francisco, CA (415)