practical approaches for defensible cumulative analyses under ceqa
TRANSCRIPT
Practical Approaches for Defensible Cumulative Analyses Under CEQA
Presentation by: Tania Treis9/28/2016
What are Cumulative Impacts and Why are they Considered
Definition of Cumulative Impacts
Compounded impacts from separate projects that increase overall environmental impactsWHAT
Otherwise overlooked in individual analysesWHY
Cumulative Impact Examples
Why is the Cumulative Analysis so Hard?
How do I quantify effects with so many unknowns?
Why did I leave this section to the very very end?? Now I have analysis fatigue and just want to be done!
How do I mitigate for a small contribution to an overall affect? Is my project mitigation good enough?
How do I quantify effects with so many unknowns?How do I determine if a
project has a significant incremental contribution? How do I even use this “summary of projections” approach?
How am I ever going to figure out all of the projects that could be relevant and describe them all?
Structure of this Session
1. What is the List Approach vs. Summary of Projections Approach
• List approach• Planning projections
2. Determining Significance of Cumulative Impacts
• Criteria• Two-step approach
3. Mitigating for Cumulative Impacts
• Project mitigation good enough?• Paying Fair Share
4. How-To Guide for Creating a Sound Cumulative Analysis
The List Approach and the Summary of Projections Approach
Two Approaches
List of past, present, and probable future projects
Advantage: straightforward
Disadvantage: potentially under
inclusive
1Summary of projections
contained in an adopted local, regional or statewide plan, or
related planning document that covers cumulative effects
Advantage: may be more
comprehensive
Disadvantage: projects may not
be up-to-date
2
List Approach
What projects to include
Any project that could have combined effects
Projects should at least be in a planning stage – don’t have to consider speculative projects
Level of detail
Not expected to have same level as proposed project
Enough info to disclose severity of impacts and likelihood of occurrence
Geographic extent
Not so broad as to dilute impact significance
Overall list may be parred down by resource parameter
Moving targets
New cumulative project after Draft EIR released
May need to define a timeline in EIR
Summary of Projections Approach
Adopted plans Base cumulative impact analysis on a
summary of projections contained in an adopted local, regional, or statewide plan, or adopted EIR for plan
Projects may be outdated or inaccurate
Supplement with a regional modeling program
Use hybrid approach – supplement with list of projects outside of the plan document
Use Tends to be used more often for urban development
Exempt
• If cumulative impact was assessed in an EIR for a community plan, zoning action, or general plan and project is consistent with the plan – cumulative impacts do not need to be addressed further – Agency must find that cumulative impacts are already
“adequately addressed” in certified EIR• Streamlining provisions of Pub. Res. Code §
21083.3 and Guidelines § 15183 (specific streamlining provisions for projects consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified)• SB 375
Determination of Significance
Consideration of Significance of Cumulative Impacts
• In most cases use same criteria as for the proposed project• Two-step method
Are the impacts of all the projects together
cumulatively significant
Is the project’s contribution cumulatively considerable?
Less than Significant Cumulative Impact
No
Yes
Yes
No
Mitigate
1.
2.
Consideration of Significance of Cumulative Impacts
• Subjective – no guidance • Can’t use ratio argument• Not necessarily any level of contribution is
significant – Look at environmental setting– Sensitivity of the resource– Extent of project’s contribution
• The worse the problem, the more likely a minor contribution could actually be cumulatively considerable
Qualitative vs. Quantitative Analyses
• Quantitative analysis is more defensible, but not always possible• What impacts can be quantified
– Air quality– Groundwater usage– Traffic
• If can’t be quantified– Explain why – data not available or not reasonable to
obtain– Well-reasoned qualitative approach should be presented
• Do not assume impacts of other projects can be mitigated
Mitigating for Cumulative Impacts
Mitigation Techniques
Project-specific mitigation may workEx. Sedimentation and erosion • Several construction
projects at once could result in polluted runoff that causes a significant cumulative water quality impact
• Project’s mitigation includes stormwater BMPs and collection and treatment of stormwater on-site.
New mitigation to avoid contributions
by projectEx. Cumulative noise• Overlap of projects could
increase noise beyond thresholds
• New mitigation could be added to avoid constructing during period of overlap
Mitigation Techniques
Fair share into a fund
Ex. Payment into a fund• Pay into a fund to
reconfigure a traffic intersection that is impacted by several projects
• Mitigation must actually result – not just fees
Adoption of an ordinance
“The only feasible mitigation for cumulative impacts may involve the adoption of ordinances by regulations rather than the imposition of conditions on a project-by-project basis."[Guidelines § 15130(c).]”
The Steps to Prepare a Cumulative Analysis
Steps
Decide on list vs. projections1
Steps
Determine the list of projects or projections• Think of all jurisdictions• Describe these projects in a
table and provide a map• Or research plans and list out
projections to use– General Plans– Specific Plans– Local Coastal Plans– Regional Transportation
Plans– Plans for reduction of
GHGs
2
Steps
Determine environmental parameters affected and impacts that should be considered
33
Steps
Define the significance criteria to carry forward
4
Steps
Define the geographic scope by parameter and the subset of projects by parameter• Air Quality: whole air basin• Geology: immediately adjacent – impacts
confined• Hydrology: watershed• Noise: 0.25 miles – distance by which noise
impacts can combine• Traffic: mostly local
5
Steps
Discuss the impacts• Describe the impacts of the proposed project
and cumulative projects• Describe if there is a cumulatively significant
impact • If no, done• If yes, describe if the proposed project has a
cumulatively considerable incremental impact before mitigation
6
Steps
Determine mitigation, if needed• If mitigation is required, look first if project-
specific mitigation is enough to reduce the incremental contribution
• Paying fair share into est. mitigation • Or significant and unavoidable
7
….and finally
• Avoid the most common pitfall –
PROCRASTINATION
Include the cumulative analysis with the section so that it is prepared by appropriate author in a timely fashion
Example Analyses – Are they Adequate?
The potential impacts of the proposed project considered with other cumulative projects would result in overdraft of the groundwater basin; however, the project would contribute only 1 percent of the total amount withdrawn, therefore, it’s contribution would be less than significant.
The proposed pipeline could be subject to liquefaction and strong ground shaking where the pipeline crosses San Pablo Creek. Many of the potentially cumulative projects could also be subject to these seismic effects, a potentially significant impact because many of the projects would increase the number of people potentially exposed to these hazards. However, the project’s contribution to this impact would not be cumulatively considerable because the project does not include habitable structures or otherwise introduce new people to the project area.
Vibration impacts from the proposed project would be temporary and limited to the times when construction would occur. A cumulative vibration impact could occur if construction occurred at the same time as construction of cumulative projects within 35 feet of the proposed project (vibration impacts generally dissipate within 35 feet of the equipment, see Table 3.11-11 in Section 3.11: Noise). It is reasonable to assume that none of the other cumulative projects would occur at the same time as the proposed project and within 35 feet of the proposed project, as it would not be feasible to undertake two projects with heavy equipment in such close proximity. Therefore, cumulative vibration impacts would not occur.