Environmental Quality Act. October 19, 2016

Transcription

1 An Overview of the California Environmental Quality Act October 19, 2016

2 WHAT IS CEQA? The Statute: Public Resources Code et seq. The Guidelines: CA Code of Regs et seq. The County: County CEQA Guidelines The Courts: Case law

3 Purpose and Objectives Inform the public and decisionmakers Protect the environment Disclose environmental impacts

4 WHEN DOES CEQA APPLY? Applies to projects that have the potential to result in a change in the environment Does not apply when there is no potential to result in a physical change in the environment.

5 WHEN IS CEQA ANALYSIS DONE? CEQA process must be completed before the CEQA process must be completed before the project is approved

6 ENVIRONMENTAL DOCUMENTS

7 Project? Exception applies? Statutory/Categorical Exemption? Initial Study Sig. effects Notice of Preparation No sig. effects Sig. effects, but can be mitigated Scoping Process Draft Negative Declaration Agency/Public Review Final ND/MND Draft Mitigated Negative Declaration Draft EIR Agency/Public Review and Comment Final EIR Agency Action: determination, findings Agency Action: adoption, findings Agency Action: certification, findings

8 PROJECT? No additional CEQA EXEMPT? NO NEGATIVE DECLARATION (MND/ND) OR But does an EXCEPTION apply? YES ENVIRONMENTAL IMPACT REPORT (EIR) No additional CEQA

9 Differences between Documents Time to Complete Length of Document Cost Scoping Public Comment Period Decision Document

10 SUBSTANTIAL EVIDENCE Facts, Reasonable assumptions predicated upon facts, and Expert opinion supported by facts. (CEQA Guidelines 15384)

11 Need enough relevant information and reasonable inferences from information that a fair argument can be made to support om this a conclusion, even though other conclusions might also be reached. (CEQA Guideline 15384)

12 Exemptions

13 Project? Exception applies? Statutory/Categorical Exemption? Initial Study Sig. effects Notice of Preparation No sig. effects Sig. effects, but can be mitigated Scoping Process Draft Negative Declaration Agency/Public Review Final ND/MND Draft Mitigated Negative Declaration Draft EIR Agency/Public Review and Comment Final EIR Agency Action: determination, findings Agency Action: adoption, findings Agency Action: certification, findings

14 Commonsense Exemption Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. ( 15061(b)(3)) Statutory Exemption Blanket exemptions identified by the Legislature Categorical Exemption Types or classes of projects determined to not have a significant impact

15 EXCEPTIONS to Categorical Exemptions Cannot use thecategorical exemption if one of these exceptions is applicable ( ): Location Scenic Highways Cumulative impact Hazardous waste sites Significant effect Historical resources

16 Initial Study Used to determine if the project will have a significant impact on the environment Provides agency with information to use as the basis for deciding whether to prepare an EIR or ND. CEQA Guidelines 15063

17 Negative Declarations

18 Project? Exception applies? Statutory/Categorical Exemption? Initial Study Sig. effects Notice of Preparation No sig. effects Sig. effects, but can be mitigated Scoping Process Draft Negative Declaration Agency/Public Review Final ND/MND Draft Mitigated Negative Declaration Draft EIR Agency/Public Review and Comment Final EIR Agency Action: determination, findings Agency Action: adoption, findings Agency Action: certification, findings

19 Level of impacts dictates document: ND: no significant impacts MND: significant impacts have been mitigated to less than significant level Circulation for public input Decision maker adopts ND/MND, makes findings Notice of Determination

20 Baseline Description of the environmental setting Baseline & Project Description Normally existing conditions Project Description Precise location and boundaries Clearly written statement of project objectives

21 Impacts Analyzed Air Quality Land Use/Planning Agriculture Noise Biology Public Services Cultural and Historic Resources Recreation Geology and Soils Transportation/Traffic Hazards/Hazardous Materials Hydrology and Water Resources Utilities Mineral Resources + CUMULATIVE IMPACTS

22 Determining Significance Significant Impact A substantial or potentially substantial adverse change in physical conditions Class I Significant, unavoidable Class II Less than significant with mitigation tgato Less than Significant Impact A change in physical conditions that is not substantial Class III Less than significant Class IV Beneficial

23 Mitigation Measures CEQA requires that mitigation be imposed for significant impacts Mitigation measures must be fully enforceable to ensure they will be effective. (CEQA Guideline (b))

24 Final Decisions Appealable to Board of Supervisors

25 BOS BOS BOS MPC MPC MPC MBAR MBAR MBAR

26 Environmental Impact Reports

27 Project? Exception applies? Statutory/Categorical Exemption? Initial Study Sig. effects Notice of Preparation No sig. effects Sig. effects, but can be mitigated Scoping Process Draft Negative Declaration Agency/Public Review Final ND/MND Draft Mitigated Negative Declaration Draft EIR Agency/Public Review and Comment Final EIR Agency Action: determination, findings Agency Action: adoption, findings Agency Action: certification, findings

28 Environmental Impact Report Examine all potentially significant effects on the environment in plain language All phases of the project; direct and indirect impacts; short term and long term impacts Public Resources Code (e) 1(e) Circulation for public input Decision maker: certifies EIR, makes findings, Notice of Determination

29 Alternatives EIR must include a reasonable range of alternatives. Alternative must: Meet most project objectives Be feasible Avoid or substantially lessen any significant impact

30 Alternate 1

31 Response to Comments EIRs require written responses to comments Responses shall describe the disposition of significant environmental issues raised.

32 Findings on Impacts FINDINGS Supported by Substantial Evidence Findings on Mitigation Feasible Reduce impact below significance Findings on Overriding Considerations Policies so important that project with p p j significant impacts can go forward

33 Statement of Overriding Consideration Significant environmental impact does not necessarily end a project Decisionmaker may determine that benefits outweigh the significant impact Economic, legal, social, technological, or other benefits including region wide or statewide environmental lbenefits Adverse environmental effects may be considered d acceptable

34 Threshold for Agency Decisions Does the agency have to conclusively prove all conclusions? NO! Agencies need not scientifically prove or exhaust all possible means of inquiryi Agency g ymust have substantial evidence for conclusions

35 Streamlining CEQA Review Programmatic documents; tiering Incorporation by reference Addendum to ND/MND/EIR / Minor technical changes or additions Supplemental EIR Minor additions or changes Subsequent ND/MND/EIR Importantrevisions revisions addressing significantimpactsimpacts

36 LITIGATION

37 CEQA ADMINISTRATIVE RECORD [P]retty much everything that ever came near a proposed development Any other written materials relevant to compliance with CEQA or decision on the merits County of Orange v. Superior Court of Orange County (2003) 113 Cal.App.4 th 1, 5.

38 STANDARDS OF REVIEW Exemption: Court defers to the findings of the agency so long as they are supported by substantial evidence. ND/MND: EIR required if substantial evidence in the record supports a fair argument the proposed project may have a significant effect on the environment. EIR: Whether there was a prejudicial abuse of discretion.

39 Questions