1. ESP 179- Winter 2013
CEQA and EIA Basics
January 10, 2013
Instructor: Trevor Macenski
2. Extra Credit:
Charter City and a General Law
California state law dictates that cities may be organized under either
General laws of the State
Under a charter adopted by the local voters.
This authority is set forth in the California Government Code commencing with Section
34100.
Cities that are organized under the general laws of the State (Section
34102)
Have less autonomy than those that adopt their own charter (Section 34101).
General law cities follow the laws set forth in the Government Code commencing
with Section 34000.
Cities that adopt their own charter, may adopt their own procedures for
matters that are considered “municipal affairs.”
The California Constitution grants charter cities the power to make and enforce
all ordinances and resolutions with respect to municipal affairs (California
Constitution Article XI, Section 5(a)). This is commonly referred to as the “home
rule” provision.
3. CEQA Rules and Regulations
• The Statute
Public Resources Code §§ 21000-21178
(PRC)
• The Guidelines
California Code of Regulations Title 14,
§15000 et seq. (CCR)
• The Courts
Ongoing court decisions (Case law)
4. CEQA Lingo
CEQA: California Environmental Quality Act
IS: Initial Study
ND: Negative Declaration
NOP: Notice of Preparation of EIR
EIR: Environmental Impact Report
DEIR: Draft EIR
FEIR: Final EIR
NOC: Notice of Completion
NOD: Notice of Determination
NOA: Notice of Availability
5. CEQA Basics
1969: President Nixon signs National
Environmental Policy Act (NEPA)
1970: Governor Reagan signs California
Environmental Quality Act (CEQA)
CEQA (the Statute): Established by
Legislature
…and continuously modified by Legislature
…and “interpreted” by the Courts
6. CEQA Basics
• Initially intended to apply to publicly-
sponsored projects only
• 1972: Friends of Mammoth v. Board of
Supervisors:
CEQA applies to ‘all’ projects subject to
public agency discretionary action
7. Who’s Driving This Bus…
Lead Agency= Bus Driver
CEQA is a “Self-executing Statute”
meaning it is the Lead-Agency’s duty to
determine what is and is not subject to
CEQA, and to follow the process.
Public can go through the legal process
(suing) to challenge decisions
8. Purpose of CEQA
Inform government decision makers and the public about
the potential significant environmental impacts of proposed
activities
Identify ways that environmental impact(s) can be avoided
or significantly reduced
Prevent significant avoidable damage to the environment
by requiring changes in the project through the use of
alternatives and mitigation
Disclose to the public the reason that an agency approved a
project notwithstanding its environmental impacts
9. CEQA Policy Statements
PRC 21000-21004 & Guidelines 15002,
15003:
Environmental Protection
General Welfare
Don’t exceed thresholds
Preserve and enhance
Concerned effort to control pollution
Must give major consideration to env.
Clean air and water
Don’t eliminate the bugs and bunnies.
10. CEQA Policy Streamlining
PRC 21003 & Guidelines 15003, 15006:
Integration of CEQA into other laws
Make documents useful
Omit unnecessary language
Feasible Mitigation and Alternatives
Database to reduce delays
Efficiency to conserve resources
Environment on the mind
Whole of the action
Good faith effort
Tool for informed and balanced decisions
11. CEQA Objectives CEQA Requirements
Disclose Env. Impacts IS, ND, EIR
Identify and prevent env. damage Mitigation measures
Alternatives
Mitigation monitoring
Disclose agency decision making Findings
States of overriding considerations
Enhance public participation Scoping
Public notice requirements
Response to comments
Legal enforcement procedures
Citizen access to the courts
Foster intergovernmental coordination Early consultation
Scoping meetings
Notices of preparation
State Clearinghouse review
12. CEQA Authorizes Agencies to:
Require changes in a project to lessen or
avoid significant effects, when feasible.
Disapprove a project to avoid significant
effects
Approve a project with significant effects it
here is no feasible way to lessen or avoid
the significant effects and the project's
benefits outweigh these effects
Impose fees on a project’s applicant for
CEQA implementation.
13. It gets political real quick…
Discretion and Risk
Full Compliance vs. Losing Tax Revenue
No one size fits all compliance strategy
EIR vs. ISMND
Example: Bell Village Project Vs. Elnoka Village
Example: Meteorological Towers Yolo vs. Merced
Convergence of science and the public
Educate, Disclose, Consider
14. CEQA Key Players
Lead Agency: Agency W/
Responsible Agency:
Principal responsibility Other than the lead agency
Jurisdiction
carrying out or that has legal responsibility
approving a project. for carrying out or
(e.g. City or County) Responsible Concerned approving a project. (e.g.
Agencies Citizens Air District)
LEAD
AGENCY
Environmental
Courts
Consultants
Trustee Agencies: Project
Applicants
Trustee
Agencies
1) CDFG
2) SLC
3) Park & Rec
4) UC
15. Public Participation
“ Privileged position” in the CEQA process
Concerned Citizens of Costa Mesa v.32nd District
Agricultural Association (1986) 42 Cal.3d 929
Opportunities:
Scoping- 15083
Public Notice and Review- 15072,15087
Public Hearings and Response to Comments-
15088
16. Watchdog? Not really..
Office of Planning and Research
Ken Alex
Scott Morgan
Major Responsibilities:
Identifying Responsible Agencies
Resolving Agency Disputes
Posting NOC and NOD
Show me the money!- CDFG Fees
Guideline changes
17. Phases in the process
Preliminary review of a project to
determine if it’s subject to CEQA
Preparation of an Initial Study to
determine significant effects
Maybe be combined
Preparation of an ND, MND, or EIR.
18. What is a “Project” ?
Comply with CEQA when you have a
“project”
Project: activity undertaken by a public
agency or a private activity which may
cause a change in the environment and
must receive discretionary approval from a
government agency. 15378 & 21605
Term “project” = Whole of the action(s)
19. What is NOT a “Project”?
Non-projects:
Legislative activities
Admin or maintenance activities
Proposals
School closings
City place a initiative on the ballot
Government organization activities
Statutory Exemptions
Categorical Exemptions
20. Exemptions
Statutory
Activities exempted from all or part of CEQA by
the State Legislature regardless of impacts
(policy decision)
Categorical
Classes of projects which are exempted from
CEQA because they typically do not have
significant impacts (there are exceptions)
21. Statutory Exemption Examples
1984 L.A. Olympic games
Family day care homes
Specified mass transit projects
State and regional transportation improvement
programs
Projects located outside California
Certain pipeline work
Air quality permits
Ministerial projects
Emergency projects
Other miscellaneous per CCR §15282
22. Categorical Exemptions
Classes of projects that do not have a
significant impact on the environment
Not applicable when cumulative impact is
significant or when there is a potential
significant impact due to unusual
circumstances
Scenic highways
Hazardous waste sites
Historical resources
23. Categorical Exemptions
Existing facilities Surplus property sales
Reconstruction Land acquisition for
Small structures wildlife conservation
Minor alterations to Minor additions to
land or land use school
Actions by regulatory Minor land divisions
agencies for natural Transfer of ownership
resources protection for parks
or protection of the Total of 33 categories
environment outlined in section
15301 of Guidelines
24. Notice of Exemption
If your “project” is exempt, a Notice of
Exemption (NOE) may be filed with County
Clerk
The filing of an NOE shortens the time that
someone can file a legal challenge to the
exemption from 180 days to 35 days
