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74 Cards in this Set
- Front
- Back
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Objective of CEQA
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To disclose to decision makers and the public the significant environmental effects of proposed activities,
To identify ways to avoid or reduce environmental damage, To prevent enviornmental damnage by requiring implementation of feasible alternatives or mitigation measures, To disclose to the public reasons for agency approvbal of projects with significant environmental effects, To foster interagency coordination in the review of projects, To enhance public participation in the planning process. |
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CEQA authorizes agencies to:
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Require changes in a project to lessen or avoid significant effects, when feasible,
Disapprove a prject to avoid sifnificant effects, Approve a project with significant effects if there is no feasible way to lesson or avoid the significant effects and the prject's benefits outweigh these effects, Impose fees on project applicants for CEQA implementation. |
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CERES=
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California Envionmental Resource Evaluation System
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LUPIN=
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Land Use Planning Information Network
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Determing the Lead Agency/Public Projects
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A public agency is the L.A. for its own projects,even if the project will be located within the jurisdiction of another agency.
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Determining the Lead Agency/Private projects
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A agency with general governmental powers (e.g. city or county) prevails over an agecny with a single or limited purpose,
The city prezoning an area proir to annexation will by the Lead Agency rather than the Local Agency Formation Commission. When criteria are equal, the agency that acts first becomes the Lead Agency, Agencies may desgnate a Lead Agency by mutual agreement. |
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LAFCO=
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Local Agency Formation Commission
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Phases in the Environmetal Review Process under CEQA
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Prelimary review of an agency action to determine whether the action is subject to CEQA or the underlying project is exempt from CEQA,
Preparation of an Initial Study to determine whether the project may have a significant environmental effect, Prparation of an EIR if the project may have a significant environmental effect or of a NEg Dec or MND if no significant effect will occur. |
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Project=
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An activity directly undertaken by a public agency, including:
Public works construction activites, Clearing or gradin of land, Inprovemnts to existing public structures, Enactment and amendment of zoning ordiances, Adoption and amendment of local general plans An activity that is supoorted, in whole or in part, through public agency contracts, grants, susides, laons or other assitance froma public agency, An activity involving the public agency issuance of a lease, permit, license certificate, or other entiltement for use of a pubilc agency. |
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A catagorical exemption does not apply if:
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A reasonable possbility exists that the activity may have a sig enviro impact because of unusual circumstances,
Project cumulative impacts would be considerable and therfore significant, A project within certain categories of exemption occurs in certain spcified sensitive environments, A project affects senic resources with in offical state scenic highways, A project is located on a toxic site listed by the Cal EPA, A project causes substantial adverse changes in significant historic resources |
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Notice of Exemption=
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A brief description of the project,
A finding that the project is exempt, Citations to the applicable exemption in the law or State Guidelines, A brief statement of reasons supporting the finding of exemption. |
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Notice of Exemption Filing and Posting Time Periods
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File with the county clerk
County clerk posts notice within 24 hours, Posting lasts 30 days, Notice retained by Lead Agency by 9 months |
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Partial Exemption for State Certified Regulatory Programs-Not required
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Notices of Preparation
Draft EIRS Final EIRS |
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Partial Exemption for State Certified Regulatory Programs-Required Content in Program
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Project Description,
Alternatives, Environmental imapcts, Cumulative impacts, Mitigation Measures |
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Parital Exemptions for State Certified Regualtory Programs-Required within Agencys Process
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Consultation with other agencies
Public notice and review requirements Response to comments Findings Mitigation Measures |
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PSA=
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Permit Streamlining Act
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Preapplication Consultation
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A potential project applicant may requests a meeting with the L.A. to consider:
Range of Actions Potentioal alternatives Mitigation Measures Potential significant effects on the environment The Lead Agency may involve: Responsible agencies, Trustee agencies, Other interested agencies |
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Actions Required When I.S. concludes prject will signifacntly affect the environment
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Prepare a MND
Prepare a EIR Use a previously prepared EIR that adequately analyes the project at hand Use one of CEQA's allowable tiering methods to determine which of the projects effects have already been adequaltely examined in an earliler EIR or Neg Dec |
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Required Contects of an I.S.
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Project Description
Environmental Setting Potentioal Environemtnal Impacts Mit Measures for and sig effect Consistancy with plans and procedures Names of preparers |
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Substantial Evidence
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Sebstantal evidence for an IS means enough relevant information and resonable inferences from that infoamtion to make a fair arguement and consists of:
Facts resoanble assumptions prdicated on facts Expert opinon supported by facts Substantal evidence does not include: Arguement Speculation Unsubstantiaed opinion or narrative Evidences of social or economic impacts that do not contriblue to or are not caused by physical impacts on the environment. |
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Making the Threshold Decision-
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Factors to consider which must be based on substantial evidence in the record:
Direct effects Reasonable forseeable indirect effects Expert disagreement Considerable contribultion to cumulative effect Special thresholds for historical and archaelogical resources Factors not relevant: Speculative indirect physical changes to the environment, Public controversy, Economic and socal effects, Existing plan build-out. |
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Substantial Evidence
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Substantal evidences for an I.S. means enough relavant informantio and reasonable inferecnes from that information to make a fair arguement and consists of:
Facts Reasonable assumptions predicated on facts Expert opinion supported by facts Substantail evidences does not include: Arguement Specualtions Unsubstantiated opinion or narrative Evidence of social or economic impacts taht do not contribute to or are not caused by physical impacts on the environment. |
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Making the Threshold Decision: Are effects Ptetially Significant?
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Factors to consider which must be based on substantail evidence in the record:
Direct effects Reasonable forseeable indirect effects Expert disagreement Considerable contribultion to cumulative effects Special thresholds for historcal and archaeological resources Facts not relavant: Speculative indirct physical changes to the environment Public controversy Economic and social effects Existing plan build-out |
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Manatory Findings of Significance
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A project will have a sig effect if it will:
Substantally degrade environmental quality Substantially reduce fish or wildlife habitat Cause a fish or wildlife habitat to drop below self-sustaing levels Threaten to liminate a plan or animal community Reduce the numbers or range of a rare, threatened or endangered species Eliminate important examples of the major peroids of California history or prehistory Achieve short-term goals to the disadvantage to long term goals Have possilbe environmtal effects that indivdually limited by cumulatively considerable when viewed in connection with past, current and reasonably anticipated future projects Have environmental effects that will directly or indirectly caused substantial adverse effects on human beings |
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Tools for Determining Whether Enviornmental Effects Are Significant
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Model IS Checklist,
CEQA madatory findings of significance Agency adopted regulatory standards Consultation with other agencies Agency thresholds of significance. |
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Required Contents of a Neg Dec
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Project Description
Project Location Indentification of project porpenent Proposed finding of no sig effect Attached copy of the I.S. justifying the finding For MND, Mit measures included in the project description to avoid sig effect |
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Required Contents of NOI (Intent) to Adopt a Neg Dec or MND
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Brief Description of project and location
Starting and ending dates for public review Date, time and place of any scheduled public meetings or hearings, Address where copies of the ND or MND are available for review Whether any listed toxixc sites are present Other information required by statue or regulation for any particular type of the project |
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Substituition of Mit Measures in MND
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A L.A. may subsitute one Mit Meas for another if:
The new measure is equivalent or more effective Agency considers the matters at a public meeting Agency adopts a written finding that; New measure is equivaolent or more effective new measure will not cause significant effct |
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Required Contents of a NOD on a Project for Which a ND or MND has been approved:
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Project Name
Project Description Project Location Date of Project Approval Determination that the project will not have any sig effects ont he enviroment Statement that a Neg Dec or MND has been prepared Address where the document may be reviewed |
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Purposes of a EIR
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Inform decision makers and the public about a projects sig envro effects and ways to reduce them,
Demonstrate to the public that the environment is being protected, Ensure political accountablity by disclosing to citizens the environmental values held by their elected and appointed officals |
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Various Types of EIRs That May Be Used in a Tiering Situation
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General Plan EIR
Staged EIR Program EIR Master EIR Mutiple family residental development/residentail and commercial or retail mixed-use development Redevelopment project Housing/neighborhood commerical facilites in a urbanized area Projects consistant with community plan, gernal plan or zoning |
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Project EIR
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Analyzes the impacts of an individaul activity or specific project
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Types of Actions that May Require a Program EIR
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Activities that are linked geographically
Activities that are logical parts of a chain of contemplated events Rules, regulations or plans that govern the conduct of continuing program Individual activites carried out under the same authorizing staturtory or regulatory authourty and having generally similar enviro effects that can be mit in similar ways. |
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Staged EIR
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May be prepared for large-scale captial intensive projects are planned and devloped over a long period of time, or similar actions.
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Master EIRs
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May be prepared for general plans, specific plans, projects consisting of smaller individaul projects to be implemented in pahses, regulations to be implemented by subsequent projects, state hiway or trnsit pojects subject to multiple reviews of approvals, regional transportation plans, consgestion management plans CDFG regulations and federal military bas reused plans.
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Master EIR Contents
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Anticipated future projects
Type Location Intentisty Scheduling of capital improvemnts Location of alternative sites Preliminary evaluation of anticipated furture project specific impacts and Mit Meas. Cumulative impacts Growth-inducing impacts Significant irreversible enviro changes |
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Limited Enviro Review Process for Projects within the Scope of a Master EIR
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No New EIR or findings are required if the Lead Agency:
Incorporation in the prject all feasible Mit Measures or alternatives as set fourth in the Master EIR Prepares I.S. that includes: The proposed poject was decribed in the Master EIR No additional significant impacts would result Prepares findings that: Project is within scope of Master EIR No additional sig impacts would result No new additional Mit or alternatives would be required Preapres public notice pursuant to Guidelines section 15075 |
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Focused EIRs May be prepared for:
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Future projects that were identified in the Master EIR
Samll mutlifamily and mixed-use projects not identified in a Master EIR Installation of pollution contrl equipment required by specific agency regulation |
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Focused EIR's must
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Focus on project specific impacts and Mit Meas
Evaluate any new sig effects not in Master EIR Include no new evaluation of: Cumulative impacts Growth inducing impacts Sig irreversible environmental changes |
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Lead Agency Requirements for EIR Preparation
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Determination of scope, content and focus,
Issueance of Draft EIR/anlysis of significant enviro impact Circulation of the DRaft EIR for agency and public comment, Issuances of a Final EIR/response to substantive issues raised during comment, Adoptations of findings regarding significant impacts and approprite Mit, Adoption of Statement of Overriding Considerations for signifant and unavoidable impacts, Adoption of a Mit monitroing or reporting program |
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Required Contents of a Notice of Preparation
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Bried description of the porposed project,
Description of the proposed project's location, Date, time, and place of the public hearing (if the L.A. decides to hold one), Address where documents or files relating to the porposed project are availiable for review, Address where written comments on the scope of the EIR are to be sent, Deadline for submitting results |
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Required Contecnts of a DEIR
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Table of Contents or index,
Summary of discussion contained in the DEIR, Proj Description, Enviro Setting, Presentation of the sig enviro effects o the prject (including direct, indirect, short term, long term, cumulative, and unavioidable impacts, Areas of know controversy, Alternaitves the the project , including the No-Project Alternative, and identification of the enviro superior alternative, Mit meas for the sig enviro effects Growth inducing impacts, Expected sig irreversible changes due to the propsed project (required only for EIR's on plans, polices, ordinances, LAFCO actions, and EIRs/EISs) |
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A draft EIR May be Prepared by
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Lead Agency Staff
Another public or private entity Project applicant or project applicants consultant Third Pary contractor involving the Lead Agency prject applicant and consultant |
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Lead Agency Requirements for EIR Preparation
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Determination of scope, content and focus,
Issuance of a DEIR/analysis of sig enviro impacts, Circulation of the DEIR for agency and public comment, Issuance of a FEIR response to substantive issues raised during comments, Adoption of findings regarding sig impacts and appropriate mit., Adoption of Statement of Overriding Considerations for significant and unavoidable impacts, Adoption of a mitigation monitroing or reporting program |
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Contents of a Public Notice of DEIR
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Brief description of the proposed project and location,
Dates of review period, List of anticipated sig envion effects, Location for public review of documents, Presence of any hazardous waste sites |
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A notice of Draft EIR Availability Must Contain..
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Proj Description
Proj Location Identification of sign enviro impacts Spec of the review period, Inditification of the public hearing, date, time and place, Address ehre the DEIR is available for review, Identification of the location of documents referenced in the DEIR, Statement of whether the project site is a listed toxic site |
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Objectives of Public Review of Agency Proposals
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Sharing expertise,
Disclosing agency analysis, Checking for accuracy, Detecting omissions, Discovering public concerns, Soliciting counterproposal |
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Public Notice of a Draft EIR must be sent to..
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County Clerk,
All responsible and Trustee Agencies, Any person or org requesting or who previously requested a copy |
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Publice Notice of a DIER Must be issued in at least one of the following...
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Pubications in a newspaper of general circulation,
Posting on and off the project site, Direct mailing to owners and occumapns of contigous property |
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A Lead Agency Assures Public participation by Providing for..
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Issuance of the NOP
Scoping Meeting Public Noitice and Public Review of the DEIR, Public hearings of the DEIR, Response to the public comments in the FInal EIR, Public Hearing on the project description |
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In response to and EIR, a L.A. may...
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Disapprove a project because it has sig enviro effects,
Require changes in a project to reduce or avoid a sig enviro effect, Approve a prject despite its ssig enviro effects, it he proper findings and statement of overriding considerations are adopted, an agency need not selct the most environmentally superior alternative. |
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For Each Sig Impact, an Agency Must Make One of the Following Findings..
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Changes in the prject have been maed (including adoption of Mit Measures) to avooid or substantially reduce the magnituted of the impact,
Changes to the project are within another agencys jurisdiction and have been or hsould be adopted, Specific economic, social, legal, tech, and other considerations make Mit meas. or alternatives infeasalbe. |
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Contents of a NOD
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Project Name
Project Description Project Location Date of Project Approval Statement that the EIR was prepared and certified, Summary of project's sig effects, Whether Mit Measures were make cond of approval, Whether findsing were made and a Statement of Overriding Considerations adopted |
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Notice of Determination Filing and Posting Time Periods
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Lead Agency files with County Clerk or OPR within 5 days,
County clerk posts notice within 24 hours, Notice kept posted for 30 days, Notice retained for nine months |
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Required Contents of a EIR
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Table of Contents, or index,
Sumamry, Proj Description, Enviro Setting, Sig Enviro impacts: Direct, Indirect, Short term, Long term, Cumulative, Unavoidable Areas of know controversy, Alternatives: No Project alternative, Enviro superior alternative Mit Measures, Growth-Inducing impacts, Sig irreversible changes (required only in EIRs, on plnas, policies, ordinances, LAFCO actions, and joint NEPA documents |
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The DEIR Project Description should have:
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Project objectives,
Project location: Local Map Regional Map Indentification of site boundries Project Characteristics: Project Conecpt Proposed buildings Construction activites Build out assumptions, Conceptual drawings, Supporting public services, Reasonably foreseeable future phases, Requried approvals: Agencies using the EIR Required permits |
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Less than significant-
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where the environmental effect of the proposed project does not reach the threshold of significance.
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Avoidable-
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where the environmental effect of the proposed project reaches the threshold of significance but feasible mitgation measures are available to reduce the impact to a less-than-sig level
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Unavoidable-
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where the enviro effect of the proposed project reaches the threshold of sig bu not feasible mit is available to reduce the impact to a less-than-sig level
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Benefical-
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where the environmental effect of the proposed project will improve the enviro regardless of the threshold of sig
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Growth Inducing Project Directly or Indirectly..
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Fosters econ or population groth or additional housing,
Removes obstacles to growth, Taxes community services or facilites to such an extent that new services or facilties would be necessary,k Encourages or facitlitates other activities that cause sig enviro effects |
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Cumulative impacts-
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Tow or more individual impacts that wehne considered together are consideable or that compound or increase orther enviro impacts.
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An EIR Cumulative Impact Analysis Must..
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Identify related projects through a list or projection approach,
Summarize effects of related projectrs, Reasonably analyze the cumulative impacts of the proposed prject and recommend Mit Measures for the sig cumulative impacts |
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Probable Future Projects Include:
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Privated projects requiring agency approval for an application which has been received at the time of the NOP is released unless a project has been abondoned by the applicant,
Public projects for which money has been budgeted or included in the adopted capital improvement program, general plan, regional transportation plan, or other similar plan. Projects included in a summary of project in a general plan or similar plan, Projects anticipated as later phases of previoulsy approved project. |
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LESA=
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Lan Evaluation and Site Assessment
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Definition of Significant Historic Resources
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Resources on or eligable for the California Register of Historical Resources,
Resources on or eligible for the National Register of Historic Places, Resources locally designated as historically significant, Resources the L.A. finds to be historically sig gased on substantial evidence |
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Consultation with Water Supply Agencies-
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For large-scale projects such as:
Residental developments with more than 500 dwelling units, Large shopping centers, businesses, or commerical office building, Hotels or motels with more than 500 rooms, Large industrial, manufacturing or processing plans or industrial parks, Mixed Use projects with a water demand equivalent to a 500 dwelling unit The L.A. must: Indentify water supply agency Request whether agency would serve proposed project Request whether 20 year projected water supply includes water for proposed project, The water supply agency must: Submmit water supply assessment to L.A. within 30 days, Provide plans for acquiring additonal supplies if water supplies are insuffiecient. |
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Determining the Feasiblity of Alternatives
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Genreal feasiblity factors:
Economic Social Environmental Lega Technical |
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Factors Unique to Alternatives
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Site Suitablity
Economic Viability Availability of infrastructure General Plan Consistency Other regulatory limitations Jurisdictional boundaries Proponent's control over alternative sites |
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For each sign impact the L.A. must:
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Discuss whether the measure avoids or substantially reduce the significant enviro effect,
Distinquish measures proposed by project propenents, Identify reponsibility of implementation for each measure, Discuss the basis for selecting a particular measure (when several measures are available), Discuss sign impacts assocated with implementation of each mitigation measures Consider special limits for achaelogical resources, school facitlies, housing units and public water systems |
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Public Policy Objectives Served by Monitoring
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To ensure implementation of Mit Measures during project implementation,
To provide feedback to agency staff and decsion makers about the effectiveness of their actions, To provide learning opportunites for improving Mit Meas. on future projects, To identify the need for enforcement action before irrecersible environmental damnage occurs |
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Procedures to Ensure Mit Req Complianc
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Stop Work Orders,
Denial of building occupancy permits, Revovocation of project approval, Misdomeanor crimal sanctions, Performance Bonds, Recording with County Recorder |
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Contents of a Final EIR
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Draft EIR,
Copies of comments recieved during public review of the Draft EIR, Lilst of persons and entitles commenting on the Draft EIR, L.A. responses to the comments recieved on the DEIR |
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Judicial Criteria for Analysing Adequacy of an EIR
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All required contents much be included,
The L.A. should apply an objective, good faith effort toward full disclosure, Disagreement amoung experts is acceptable, Perfection is not required, Exhastive treament of issues is not required, Minor technical defects are not necessarly fatal |
