NR 416 Midterm

What is planning

process of identifying, predicting, evaluating, and mitigating the effects of proposed development before any actions

Why is planning important

it improves economic development while safeguarding the public and ecological health/saftey

Key Planning Tools (3)

1. General Plans

2. Zoning

3. Permits

3 Main Components of EIA

1. Description of the affected environment (existing/baseline conditions)

2. Prediction of impacts (how will environmental resources be impacted)

3. Impact Mitigation (actions for mitigating impacts of proposed project)

“The Environment”

made up of:

• the natural environment

• the built environment

• the health environment

Main parts of natural environment

water(hydrology, water supply)

biological(wildlife, plants, habitats)

geology(soils, hazards)

Main parts of built environment

traffic/transportation

noise

land use conflict

utilities/public services

main parts of health environment

damage from natural disasters

risk of exposure to hazardous materials

risk of contracting diseases

Land-use Permitting Process

1. project proposal

2. agency review

3. environmental review

4. public review/input

5. lead agency decision

6. permit/approvals

Key Participants in Process

Applicant, lead agency, trustee agency, responsible agency, public, courts, environmental consultants, other resource agencies

CEQA Objectives

• disclose agency decision-making

• disclose environmental impacts

• avoid/reduce environmental impacts

• enhance public participation

• foster intergovernmental coordination

Public vs Private projects

Public: CEQA applies to all public projects and is often funded through taxes. ex) highway construction

Private: only applies if it requires governmental approval, self-funded

Discretionary vs Ministerial Permits

Discretionary: Agency has judgment/decision-making authority. ex)rezoning

Ministerial: Agency follows fixed rules with NO judgment. ex) standard building permit

Define Project

whole of an action” that has potential for a direct physical change or foreseeable indirect physical change in the environment

CEQA Phases 1-4

1. Preliminary Review

2. Initial Study

3. ND/MND or EIR

4. Decision Document

CEQA Directives allow agencies to:

1. require project changes

2. disapprove projects

3. approve projects

4. impose fees

Phase 1: Preliminary Review

1. is the activity under definition of a project?

2. general rule exemption?

3. statutory exemption?

4. categorical exemption?

   1. exception to exemption?

5. Notice of exemption

6. Tiering? → substantial conformity or MND

General Rule Exemption

certainty that there is no possibility of significant impacts → rare

Statutory Exemption

Exempt by the legislature, it could have significant impacts but the benefits outweigh the necessity of going through CEQA

Categorical Exemption

Broad categories (classes) that have minimal environmental impacts

• if house burned down and want to rebuild in the same exact place and exact same size

Categorical exemption Exceptions

possibility of impacts due to unusual circumstances

Cumulative impacts would be significant

affects sensitive ecosystems and scenic resources

Notice of exemption

brief project description, evidence and reasoning, limits legal challenges

Phase 2: Initial Study Contents

project description

defining environmental setting & baseline

potential impacts and their significance

Recommended mitigation efforts

names of preparers

What does the initial study do

asks if impacts occur, are they significant, and can mitigation reduce impacts

Initial Study Outcomes

ND: no significant impacts

MND: significant impacts can be mitigated below a significant threshold

EIR: evidence that significant unavoidable impacts may occur

Initial Study Format

• no specific process requires by CEQA

• no naked checklists → need substantial evidence to support impact reasoning

• based on appendix G w/ lead agency modifications

Aesthetics Sub-issues

visual character impacts

light/glare

Air quality sub-issues

emissions/pollution

odor impacts

Biological Resources sub-impacts

listed species

wetland/habitat loss

Transportation sub-issues

traffic congestion

emergency access

2 types of initial studies

significant impacts known

significant impacts unknown

Environmental Baseline

Temporal, functional, and spatial dimension

Threshold of Significance Class 1

Types of Environmental Impacts (4)

direct - from a project same place and time

indirect - from a project at a different place and time

growth inducing - removes obstacles for economic/population growth

cummulative - 2 or more effects when put together are significant

Short-term - Construction impacts.

Long-term - operational impacts; traffic

CEQA vs NEPA

1972 Friends of Mammoth v Board of Supervisors of Mono County

extended CEQA’s reach beyond just public projects to also include private projects requiring government permit

2015 Keep Our Mountains Quiet v County of Santa Clara

The court held that relevant personal observations can qualify as substantial evidence under CEQA.

Pure speculation or unsupported opinions are not substantial evidence.

Lead Agency vs Trusty Agency vs Responsible Agency

Lead agency: carry out/approve project

Trusty Agency: protect natural resources held in trust, can become a responsible agency if needed(CDFW, CA State Parks, CA State Lands Commission, U.C. System)

Responsible Agency: has approval power over some of the project, issues their own permits, relies on lead agency document

CEQA achieves its objectives through

Environmental review

Public disclosure

Mitigation

Alternatives

5 potential outcomes of tiering

No Review

Addendum

ND

MND

Supplemental EIR

EIR Process

1. Initiation → NOP, preliminary PD, initial study, scoping

2. Preparation → Draft EIR, public review, NOC/NOA, public hearings

3. Finalization → Final EIR, changes to documents, response to comments, NOD (decision making document)

What does an EIR do

Informs decision makers and public about: Significant impacts, Mitigation/Alternatives

Demonstrates to the public the enviornment is being protected

Ensure political accountability by disclosing to public

Recirculation

Only if new significant information is added after draft EIR is available for public review

• new significant impact

• increase in severity of an impact unless mitigation is adopted

• different mitigation/alternative was declined

• inadequate draft EIR

Differences between MND/EIR

ND/MND

• No significant impacts after mitigation

• Simpler process

• No alternatives analysis

• No response to comments required

EIR

• Significant impacts possible

• More detailed

• Alternatives required

• response to comments required

Required Contents for ND/MND

Project description

Initial Study

Mitigation measures

Findings of no significant impact

Tiering

Using a broader environmental document to support later, more specific reviews.

Required Contents of an EIR

Executive Summary

Project Description

Environmental Baseline

Environmental Impact Analysis

Cumulative and Growth Inducing Impacts

Alternatives Analysis

Different notices

NOP → Notice of Preparation: Starts EIR process.

NOA → Notice of Availability: Draft EIR available for review.

NOC → Notice of Completion: Sent to State Clearinghouse.

NOD → Notice of Determination: Filed after project approval.

Summary importance, purpose, key contents

Most important, often the most people read. Has to be thorough and it summarized the project, impacts, mitigation, alternatives.

Project Objectives importance/purpose

Define project purpose and guide alternatives analysis

must be accurate, stable, and complete

Can environmental baseline be Historical or Future?

Yes, in unusual circumstances but existing conditions are generally preferred.

Examples:

• Temporary conditions

• Ongoing environmental trends

Threshold of Significance class 2

Threshold of Significance class 3

Threshold of Significance class 4

beneficial

List v. projection approach for cummulative impacts

List Approach: Known projects→ past, present, and future, how they contribute to same cumulative impact

Projection Approach: Regional predictions/trends

alternatives analysis

Find ways to reduce impacts while meeting project objectives. must be effective, feasible, and enforceable (for mitigations too)

No Project Alternative =

• Assumes project not built.

• Required in every EIR.

Is the No Project Alternative always the same as the environmental baseline?

no because no project alternative is done after the environmental baseline which means they could be different conditions

Mitigation Hierarchy

1. avoidance → most efficient, least costly by avoiding impact all together

2. minimization → minimize impacts by limiting the degree of its implementation

3. Rectify → Repair, restore, or rehabilitate the affected environment after an impact has occurred as close to its original condition

4. Reduce or Eliminate → reduce the severity of an impact through ongoing maintenance, management, monitoring, lessening impacts over time

5. compensation → most costly; compensating for impact by replacing or providing substitute resources or environments (in-ind & in-lieu)

5 Considerations for effective mitigation measures

1. Specific

2. Feasible

3. Effective

4. Enforceable

5. Measurable

Nollon v CCC

Essential nexus between impact and mitigation

• Mitigation must address project impact.

Dolan v City of Tigrad

Mitigation must be proportional to impact.

Mitigation Deferral: Proper v Improper

Proper: Performance standard identified. Future details can be developed.

Improper: Promise to create mitigation later without standards.

Mitigation monitoring

• ensure proper implementation

• provide feedback on mitigation effectiveness

• allow for adaptive management

• provide learning opportunities for future projects

• identify need for enforcement action to prevent environmental damage

MMRP

Mitigation Monitoring and Reporting Program:

to report or monitor any changes to project or conditions of approval in order to avoid significant effects. Designed to ensure compliance during project implementation and usually adopted at the time of certification of final EIR

Environmentally superior alternative to no project

comparative matrix to support conclusions in another ESA

Adaptive Management

Monitoring results are used to modify management actions if needed.

Statement of Overriding Considerations (SOC)

Required when significant unavoidable impacts remain.

Agency explains why benefits outweigh impacts.

CDFW CEQA Fee

Paid when project approved and CEQA review completed.

How many days is each EIR phase

Initiation: 30 days after NOP to review and comment on it

Preparation: 45 days draft EIR review

Finalization: written response to commenting agencies 10 days before certification.

NOD: filed 5 days from approval