ceqa overview

CP110: Introduction to City PlanningEnvironmental Impact Assessment

UC Berkeley

April 4, 2011

Today’s Lecture-Understand the basics of CEQA-Understand the role of a Lead Agency-Q&A

About the Planning Department

“The San Francisco Planning Department promotes the orderly, harmonious use of land and improved quality of life for our diverse community and future generations.”

MISSION STATEMENT

Role of the Department in San Francisco

The Department: Works with elected officials, community organizations, and

other stakeholders and policymakers to prioritize policy goals for San Francisco

Provides the policy structure and framework for land use issues

Develops and supports social policy through land use and related mechanisms

Reviews development for conformity to the Planning Code Acts as Lead Agency for CEQA, ensuring that environmental

impacts reviewed and disclosed

Planning Department Organizational Structure

Planning Commission

Planning Director

AdministrationMajor

Environmental Analysis

Neighborhood Planning Operations Zoning

AdministratorCitywide Planning

Citywide Planning

Long Range Planning Provides policy development and implementation

tools through• Professional expertise• Coordination with community, policymakers

Neighborhood Planning Current Planning Implements land use policy through review of

development permits

Major Environmental Analysis (MEA) Identifies potential for adverse impacts of proposed

projects and policies Mitigates effects through implementation of

Mitigation Measures, or through the development of project alternatives that reduce, avoid or eliminate significant project impacts

Disseminates information to the public and decision-makers

Context

Enacted in 1970 in response to growing awareness of environmental impacts must be carefully considered in order to avoid unanticipated environmental problems resulting from development or planning efforts

McAteer-Petris Act (est. BCDC) in 1965

National Environmental Policy Act 1969

California Environmental Quality Act 1970

California Coastal Commission 1972

Clean Water Act 1972

Legislative Intent

Promote public participation

Disclose potential adverse physical impacts on the environment

Prevent environmental damage

Reduce environmental effects through mitigation and project alternatives

Establishes state Office of Planning and Research (OPR)

Issues mandatory CEQA Guidelines

Acts as a Clearinghouse, distributes CEQA documents to Trustee and Responsible Agencies for review and comment

Applies to “projects” that require discretionary approval (versus ministerial approval)

Initially applied only to public projects, later broadened through Frie nds o f Ma m m o th v . Mo no Co unty

Project: any activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment

Projects could include legislation

Environment: the physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, and objects of historic and aesthetic significance

Socio-economic effects (e.g., cost of housing, gentrification, etc.) are outside the scope of CEQA

A “lead agency” is the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect on the environment

Responsible and/or trustee agencies could also be involved in the CEQA process

Practical Application

Objective, quantitative and qualitative analysis of Environmental Factors

Aesthetics, Ag/Forestry Resources, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards/Hazardous Materials, Hydrology, Land Use, Mineral Resources, Noise, Population and Housing, Public Services, Recreation, Transportation, Utilities, Mandatory Findings of Significance

Significance Criteria-would the project:“disrupt or divide the neighborhood?” (Land Use);

“substantially degrade the existing visual character or obstruct a scenic vista?” (Aesthetics)

“result in material damage to an historic resource? (Cultural Resources)

“degrade intersection operations?” (Traffic)

Thresholds of Significance

-qualitative and/or quantitative for direct and cumulative impacts

-relates to the change (delta) in baseline conditions to future conditions with project; outcome is what is significant (or not)

-lead agency may adopt local standards

Process

Exemptions

-Categorical Exemptions

-Statutory Exemptions

-Community Plan Exemptions

Initial Studies

Review of all environmental factors; scoping document

Lead agency analyzes potential for environmental effects

Makes findings for each environmental factor: “less than significant; “less than significant with mitigation” or “potentially significant”

Negative Declarations

written statement briefly describing the reasons that a proposed project will not have a significant effect on the environment and does not require preparation of an environmental impact report.

attached to Initial Study

circulated for public review for 20-30 days and adopted administratively

Environmental Impact Reports

Required when projects have the potential to significantly impact the environment

May be “focused”, “project”, “program”

Initial Studies used to focus analysis and review

Draft EIRs circulated for public review and comment for 45 days

Environmental Impact Reports

comments responded to in writing; Lead Agency prepares “Comments & Responses document”

Draft EIR + Comments & Responses = Final EIR

government board or body certifies the FEIR as “adequate, accurate, objective and complete.”

environmental findings

Environmental Impact Reports

CEQA requires lead agency identify MITIGATION MEASURES for significant impacts

courts have held EIRs must discuss feasibility of mitigation and that mitigation have a nexus to the effect they relate to

EIRS must include range of ALTERNATIVES that reduce, avoid or eliminate significant impacts

Environmental Impact Reports

alternatives must include a “NO PROJECT” alternative to describe what could happen if project is not implemented

other alternatives could include a “reduced intensity alternative” (e.g., generates less traffic); “preservation alternative” (e.g., adaptive reuse of historic building); “off site alternative” (e.g., avoids any peculiar condition at subject property)

Environmental Impact Reports

CEQA permits a Lead Agency to approve projects despite SIGNIFICANT UNAVOIDABLE IMPACTS

agency must prepare a STATEMENT OF OVERRIDING CONSIDERATIONS detailing social, legal, technical, economic benefits of a project that outweigh its environmental impacts

Appealsexemptions, Neg Decs and EIRs may be appealed

statute requires final appeal adjudicated by ELECTED BODY (e.g., in SF Board of Supervisors)

exemptions/Neg Decs: FAIR ARGUMENT STANDARD

EIRs: SUBSTANTIAL EVIDENCE STANDARD

Appealsif Exemption or Neg Dec appealed and decision-makers find potential for impact, additional analysis required, possibly in EIR (fair argument)

EIRs could be appealed on the grounds that there is substantial evidence of potential impact, could require additional analysis and recirculation

appellants must exhaust administrative remedies, before litigating in court

Project Approval

Commission, Board or other decision-making body cannot consider project approval (e.g., Conditional Use permit, General Plan Amendment, Variance, Master Plan, etc) until environmental review is completed and all administrative appeal remedies are exhausted.

Litigation could put injunction against project until courts make final determination on CEQA

thank you