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HomeMy WebLinkAbout02 CEQA Workshop ITEM #2 Inter-Com DATE: TO: FROM: SUBJECT: MARCH 14, 2005 PLANNING COMMISSION COMMUNITY DEVELOPMENT DEPARTMENT WORKSHOP (CALIFORNIA ENVIRONMENTAL QUALITY ACT) The Planning Commission requested that a series of workshops be conducted to understand better the fundamentals of planning, zoning, and development related laws. Consequently, staff felt that, since almost all Planning Commission actions incorporate some aspect of the California Environmental Quality Act (CEQA), this topic would be timely for an initial workshop/discussion item. The following provides an overview of CEQA's framework; the purpose; applicability; fundamentals; the process; the associated documents; public review and the filing procedures; and, project approval. CECA Framework CEQA establishes the framework for environmental protection in six important ways: . CEQA establishes a statewide policy of environmental . Environmental Policy. protection; Solving Problems. CEQA provides a mechanism for identifying and solving environmental problems; Public Participation. CEQA increases a citizen's ability to participate in governmental decision-making. Communication and Coordination. CEQA enhances communication and coordination among governmental agencies. Disclosing Information. CEQA requires governmental decision-makers to disclose the environmental impacts of their actions; and, Governmental Accountability. CEQA requires governmental decision-makers to explain their decisions. . . . . Purpose of CECA The basic purposes of CEQA are to: . Inform governmental decision makers and the public about the potential significant environmental effects of proposed activities; Planning Commission Workshop March 14, 2005 Page 2 . Identify ways that environmental damage can be avoided or significantly reduced; Prevent significant, avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the governmental agencies find the changes to be feasible; and, Disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose if significant environmental effects are involved. . . Applicability CEQA applies to governmental actions which may involve: . Activities directly undertaken by a governmental agency; . Activities financed in whole or in part by a governmental agency; or, . Private activities which require approval from a governmental agency. CEQA Fundamentals Under the California Environmental Quality Act (C EQA) , the environmental effects of a project must be taken into account when considering discretionary development project approvals such as General Plan Amendments, Zone Changes, Conditional Use Permits, Variances, Specific Plans, and Subdivision Maps. CEQA indicates that public agencies should not approve projects as proposed if feasible alternatives or mitigation measures would substantially lessen the significant environmental effects of such projects. CEQA also indicates that if a public agency finds specific economic, social, or other conditions make the project alternatives or such mitigation measures infeasible, individual projects may be approved in spite of their significant environmental effects if certain findings are made. CEQA Three Step Process In deciding which CEQA document to prepare, an agency would normally follow three separate steps (see attached flow chart). These steps are summarized as follows: 1. The lead agency would determine if the project is subject to CEQA or if the project is subject to a statutory or categorical exemption. An activity is subject to CEQA if it falls under the definition of a "project" pursuant to Section 15378 of CEQA Guidelines. A "project' is defined as the whole of an action, which has a potential for resulting in either a direct physical change in the environment or a reasonable foreseeable indirect physical change in the environment. If the project is exempt, the process does not Planning Commission Workshop March 14,2005 Page 3 need to proceed further. The agency would prepare a Notice of Exemption and file with the County Clerk. No additional review is required. 2. If the project is not exempt, the agency would prepare an Initial Study to determine whether the project may have a significant effect on the environment. If the Initial Study shows that there is no substantial evidence that the project may have a significant effect, the lead agency either prepares a Negative Declaration or a "Mitigated" Negative Declaration if mitigation measures are included to reduce impacts to a level of insignificance. 3. If the Initial Study shows that the project may have a significant effect, the lead agency would prepare an Environmental Impact Report (EIR). CEQA Documents . Statutory and Categorical Exemption The list of Statutory Exemptions and Categorical Exemptions is contained in the Public Resources Code. These exemptions are classes of projects for which the Legislature has given the authority to the Secretary of the California Resources Agency to create. Projects within any of these categories are exempt from CEQA review. Examples of these projects include: ministerial projects (issuance of business licenses, certain, building permits, utility service connections and disconnections, etc.), emergency projects, improvements to existing facilities, minor alterations to land, new construction, or conversion of small structures, etc. .. Initial Study and Negative Declaration The initial study is the basis for determining if a project has a significant impact on the environment. If there is no evidence that the project would have a significant impact, the agency may prepare a Negative Declaration. If the initial study shows an environmental impact but there are revisions to the project or measures to avoid or lessen the impact to a level of insignificance, a "Mitigated" Negative Declaration can be prepared. Staff must be careful to ensure that the conclusions reached in the initial study are supported by data. A mere checklist is insufficient. . EIR If the initial study indicates that the project may have a significant effect on the environment, an EIR is required. The determination to prepare an EIR must be based on substantial evidence. Substantial evidence must be based on facts and Planning Commission Workshop March 14, 2005 Page 4 reasonable assumptions rather than speculation, unsubstantiated opinions, or inaccurate evidence. An EIR would discuss which significant environmental effects, including cumulative impacts, would result from a project. An EIR would also describe mitigation measures to reduce or avoid any significant effects and propose project alternatives, including a "no project" alternative. An EIR must be done with a sufficient degree of analysis to allow decision-makers to consider environmental consequences. The Planning Commission and/or the City Council would consider an EIR to approve or disapprove a project considering its impact on the environment. If an agency finds that there are no alternatives or feasible mitigation measures to prevent those consequences, the agency could approve the project based upon findings of specific economic, social, or other conditions which make the project alternatives or such mitigation measures infeasible. Public Review and Process of Filina a Neaative Declaration and EIR Prior to the approval of a project, the agency should invite the public to participate in the environmental process. The following summarizes the public review period and process for filing the Negative Declaration and EIR. Neqative Declaration Prior to adopting a Negative Declaration and consideration of a project by the approval body, the lead agency is required to provide a public review period for not fewer than twenty (20) days. If the review involves State agencies, then the public review period must not be fewer than thirty (30) days. The lead agency would prepare a public notice of the availability of the Negative Declaration. The public may submit comments on the draft Negative Declaration prior to consideration of the project by the decision-maker. The lead agency must include all comments it receives during the public comment period in considering the project approval. EIR . Notice of Preparation/Scoping After determining that an EIR is required due to the potential for significant environmental impacts of a project, the lead agency must send a Notice of Preparation to responsible agencies, that is, other agencies with discretionary authority over the project. The lead agency should also consult with any person or organization that may be concerned with the environmental effects of the Planning Commission Workshop March 14,2005 Page 5 project. This early consultation is called "scoping" and might include informal meetings in the neighborhood or with planning staff to discuss potential problems that might arise. . Draft EIR As soon as the draft EIR is completed, a Notice of CompletiQn must be filed with the Office of Planning and Research (OPR). At this point, the draft EIR is also noticed for a thirty (30) day public review. If the EIR is submitted to the State Clearinghouse, the public review period would be forty-five (45) days. The public may submit comments on the draft EIR prior to consideration of the project by the decision-maker. The City must evaluate and respond in writing to all comments it receives during the public comment period. . , Revisions/Re-circulation If significant new information is added to the draft EIR after it has been released for public review, the draft EIR must be re-noticed and re-circulated for public review. . Final EIR If there were no significant changes to the EIR, the lead agency would prepare a Final EIR. A Final EIR usually consists of the Draft EIR and the responses to public comments received during the review period. The Final EIR may include a proposed Mitigation Monitoring Plan and/or Overriding Considerations. A Mitigation Monitoring Plan is a program for monitoring the revisions which it has required in the project or the measures it has imposed to mitigate or avoid significant environmental effects. Project Approval Once the environmental document (Negative Declaration or EIR) is certified, the City then proceeds to consider the project. The City cannot approve or carry out a project with significant effects on the environment unless it responds by one or more of the following methods: -.j -.j -.j Changing the project; Imposing conditions of the project's approval; Adopting plans or ordinances to control a broader class of activities to avoid the impacts; Planning Commission Workshop March 14,2005 Page 6 -.J -.J -.J Choosing an alternative way of meeting the need; Making a finding that changes in, or alterations to, the project are not feasible; or Making a finding that the unavoidable, significant environmental damage is acceptable because of overriding considerations. To ensure that the mitigation measures and project revisions identified in the EIR or Negative Declaration are implemented, the City must adopt a Mitigation Monitoring Program. The Mitigation Monitoring Program would identify conditions of project approval, including measures and revisions required and imposed to mitigate or avoid significant environmental effects. If the significant effects are unavoidable or cannot be mitigated to a level of insignificance, then the City must prepare a Statement of Overriding Considerations. The Statement of Overriding of Considerations shall state the specific reasons to support its action based on the Final EIR and/or other information in the record. Notice of Determination Once a project is approved and the required findings, mitigation monitoring plan, and/or overriding considerations are adopted, the agency would file a Notice of Determination within five (5) working days with the County Clerk. If the project requires a discretionary approval from a State agency, then the Notice of Determination must also be filed with OPR. Coordination with Permit Streamlinina Act In accordance with the Permit Streamlining Act, a lead agency must approve or disapprove a project within the following applicable periods: . One hundred eighty (180) days from the date of certification by the lead agency of an EIR; Sixty (60) days from the date of adoption of a Negative Declaration; or, Sixty (60) days from the determination that the project is exempt from CEQA. . . In the event that a lead agency fails to act to approve or to disapprove a project within the time limits, the failure to act would be deemed approval of the permit application for the development of the project. Attachment: CEQA Process Flow Chart S:\CddIPCREPORn2005\wor1<shop - CEQA 3- 14-05 mtg.doc , . Appendix A CEQA PROCESS FLOW CHART Not a project Statutory exemption Categorical exemption No possible significant effect RESPONSIBLE AGENCY LEAD AGENCY Respond to Informal consultation I EIR Respond to Notice of Preparation as to contents of draft EIR I State Agencies FIle Notice of Determination with Office of Planning & Research Local Agencies State Agencies FIle Notice of Determination . with Office of Planning & Research Local Agencies FIle Notice of Determination with County Clerk Ale Notice of Determination with County Clerk CEQA: California EnviroJimental Quality Ac- :¡ I 1 ~ ...,~ +v Negative Declaration Lead Agency gives public notice of availability of Negative Declaration Public Review Period I Consideration and approvaJ of Negative Declaration by decision-making body ~ ~ ~ Note: This fÍowchart is intended merely to illustrate the EIR process comtemplated by these Guidelines. The language contained in llie Guidelines controls in case of discrepancies.