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74 Cards in this Set

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Objective of CEQA
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.
CEQA authorizes agencies to:
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.
CERES=
California Envionmental Resource Evaluation System
LUPIN=
Land Use Planning Information Network
Determing the Lead Agency/Public Projects
A public agency is the L.A. for its own projects,even if the project will be located within the jurisdiction of another agency.
Determining the Lead Agency/Private projects
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.
LAFCO=
Local Agency Formation Commission
Phases in the Environmetal Review Process under CEQA
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.
Project=
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.
A catagorical exemption does not apply if:
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
Notice of Exemption=
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.
Notice of Exemption Filing and Posting Time Periods
File with the county clerk

County clerk posts notice within 24 hours,

Posting lasts 30 days,

Notice retained by Lead Agency by 9 months
Partial Exemption for State Certified Regulatory Programs-Not required
Notices of Preparation

Draft EIRS

Final EIRS
Partial Exemption for State Certified Regulatory Programs-Required Content in Program
Project Description,

Alternatives,

Environmental imapcts,

Cumulative impacts,

Mitigation Measures
Parital Exemptions for State Certified Regualtory Programs-Required within Agencys Process
Consultation with other agencies

Public notice and review requirements

Response to comments

Findings

Mitigation Measures
PSA=
Permit Streamlining Act
Preapplication Consultation
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
Actions Required When I.S. concludes prject will signifacntly affect the environment
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
Required Contects of an I.S.
Project Description
Environmental Setting
Potentioal Environemtnal Impacts
Mit Measures for and sig effect
Consistancy with plans and procedures
Names of preparers
Substantial Evidence
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.
Making the Threshold Decision-
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.
Substantial Evidence
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.
Making the Threshold Decision: Are effects Ptetially Significant?
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
Manatory Findings of Significance
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
Tools for Determining Whether Enviornmental Effects Are Significant
Model IS Checklist,
CEQA madatory findings of significance
Agency adopted regulatory standards
Consultation with other agencies
Agency thresholds of significance.
Required Contents of a Neg Dec
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
Required Contents of NOI (Intent) to Adopt a Neg Dec or MND
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
Substituition of Mit Measures in MND
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
Required Contents of a NOD on a Project for Which a ND or MND has been approved:
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
Purposes of a EIR
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
Various Types of EIRs That May Be Used in a Tiering Situation
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
Project EIR
Analyzes the impacts of an individaul activity or specific project
Types of Actions that May Require a Program EIR
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.
Staged EIR
May be prepared for large-scale captial intensive projects are planned and devloped over a long period of time, or similar actions.
Master EIRs
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.
Master EIR Contents
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
Limited Enviro Review Process for Projects within the Scope of a Master EIR
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
Focused EIRs May be prepared for:
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
Focused EIR's must
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
Lead Agency Requirements for EIR Preparation
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
Required Contents of a Notice of Preparation
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
Required Contecnts of a DEIR
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)
A draft EIR May be Prepared by
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
Lead Agency Requirements for EIR Preparation
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
Contents of a Public Notice of DEIR
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
A notice of Draft EIR Availability Must Contain..
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
Objectives of Public Review of Agency Proposals
Sharing expertise,
Disclosing agency analysis,
Checking for accuracy,
Detecting omissions,
Discovering public concerns,
Soliciting counterproposal
Public Notice of a Draft EIR must be sent to..
County Clerk,
All responsible and Trustee Agencies,
Any person or org requesting or who previously requested a copy
Publice Notice of a DIER Must be issued in at least one of the following...
Pubications in a newspaper of general circulation,
Posting on and off the project site,
Direct mailing to owners and occumapns of contigous property
A Lead Agency Assures Public participation by Providing for..
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
In response to and EIR, a L.A. may...
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.
For Each Sig Impact, an Agency Must Make One of the Following Findings..
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.
Contents of a NOD
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
Notice of Determination Filing and Posting Time Periods
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
Required Contents of a EIR
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
The DEIR Project Description should have:
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
Less than significant-
where the environmental effect of the proposed project does not reach the threshold of significance.
Avoidable-
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
Unavoidable-
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
Benefical-
where the environmental effect of the proposed project will improve the enviro regardless of the threshold of sig
Growth Inducing Project Directly or Indirectly..
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
Cumulative impacts-
Tow or more individual impacts that wehne considered together are consideable or that compound or increase orther enviro impacts.
An EIR Cumulative Impact Analysis Must..
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
Probable Future Projects Include:
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.
LESA=
Lan Evaluation and Site Assessment
Definition of Significant Historic Resources
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
Consultation with Water Supply Agencies-
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.
Determining the Feasiblity of Alternatives
Genreal feasiblity factors:
Economic
Social
Environmental
Lega
Technical
Factors Unique to Alternatives
Site Suitablity
Economic Viability
Availability of infrastructure
General Plan Consistency
Other regulatory limitations
Jurisdictional boundaries
Proponent's control over alternative sites
For each sign impact the L.A. must:
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
Public Policy Objectives Served by Monitoring
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
Procedures to Ensure Mit Req Complianc
Stop Work Orders,
Denial of building occupancy permits,
Revovocation of project approval,
Misdomeanor crimal sanctions,
Performance Bonds,
Recording with County Recorder
Contents of a Final EIR
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
Judicial Criteria for Analysing Adequacy of an EIR
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