Loading...
HomeMy WebLinkAboutItem 2 - City of Lake Elsinore CEQA Basics Presentation1 CEQA – BASICS Presented by David Mann Leibold McClendon & Mann October 15, 2024 2 What We Will Cover Tonight What is CEQA? Who implements CEQA? When does CEQA apply? The CEQA process 3 What is CEQA? California Environmental Quality Act Ronald Reagan signed CEQA! In 1970, State Senate unanimously approves State Assembly approves 59 to 7 5 Purpose of CEQA Disclose to decision makers and the public the significant environmental effects of proposed activities Identify ways to avoid or reduce environmental damage through implementation of alternatives and/or mitigation measures Enhance public participation in the planning process 6 CEQA statute and regulations CEQA is codified in the California Public Resources Code beginning at section 21000 CEQA is interpreted by regulations referred to as the “CEQA Guidelines” 7 Who’s in charge: the Lead Agency concept Lead Agency – The agency with the principal responsibility for carrying out or approving a project must complete the CEQA document. For public projects, the agency carrying out the project is the lead agency For private project, the agency with the greatest responsibility will be the lead agency If more than one agency meets criteria, agency that acts first will be the lead agency 8 Responsible and Trustee Agencies Responsible Agency – Agency that has a legal responsibility related to the (e.g., issue permit or give funding). Trustee Agency – Agency with jurisdiction over certain resources held in trust but does not have a legal authority over approving or carrying out the project (e.g., Dept. Fish and Wildlife). Lead Agencies must consult with and solicit comments from responsible agencies and trustee agencies when preparing CEQA documents. 9 Determining whether CEQA applies A three-step process: Is the action a “project” Is the action “exempt” If action is a project and not exempt, prepare an Initial Study 10 Is the activity a project under CEQA? Key features of a “Project” under CEQA The Agency will need to exercise its discretionary authority, and The proposed activity has the potential to result in direct or indirect physical changes in the environment 11 Project Analysis: What is discretionary? When does the proposed activity involve discretionary approval by the City? The approval involves the exercise of judgment or deliberation Typical discretionary approvals include most public works along with private land use approvals (e.g., subdivisions, CUPs). 12 What is ministerial (that is, not a project under CEQA)? When does the proposed activity involve only ministerial approval? The approval requires little of no judgment by a public official Typical ministerial approvals include issuing a building permit, business license, individual utility connection The Legislature says its “ministerial” 13 Project Analysis: Potential to result in physical changes Does the proposed activity have the potential to result in a direct or indirect change to the environment? An activity is considered a project when the City: Builds something (e.g., public works) Funds or supports an activity Issues a permit/license/entitlement to someone else to build something. 14 When is a project exempt? The Legislature can exempt a project from CEQA. Examples of “statutory exemptions”: Emergency repairs to public facilities Development projects undertaken pursuant to a specific plan for which an EIR was prepared Certain types of affordable housing projects 15 When is a project exempt? (cont.) The CEQA Guidelines (beginning at section 15301) list 33 categories of activities exempt a project from CEQA. Class 1 – existing facilities Class 2 – replacement or reconstruction Class 11 – accessory structures Class 15 – minor land divisions Class 32 – urban infill (5 acres or less) 16 CEQA Process – Review of Steps 1 and 2 1st: Does the activity meet the CEQA definition of a project? If yes, go to the next step If no, the City is done 2nd: Will the project fall under a Categorical or Statutory Exemption? If yes, the City may complete a Notice of Exemption If no, the City must complete an Initial Study 17 CEQA Process – Initial Study The Initial Study is the backbone of the environmental evaluation under CEQA. Most cities use the checklist provided in the CEQA Guidelines. 18 CEQA Process – After the Initial Study After completing the Initial Study, the Lead Agency decides which environmental document to use: Environmental Impact Report if IS shows any potentially significant environmental impacts Mitigated Negative Declaration if significant impacts can be mitigated to insignificant level. Negative Declaration is no potential for significant impacts 19 CEQA Process – the Negative Declaration/Mitigated Neg. Decl. An ND is the simplest of the major CEQA documents. It usually consists of the Initial Study combined with project location/setting A ND that incorporates mitigation measures to address impacts is a mitigated negative declaration. MNDs are widely used and often contain extensive studies and mitigations. 20 CEQA Process – Environmental Impact Report (EIR) An EIR is necessary when there are likely to be significant environmental impacts. Key differences from an MND: Discussion of alternative projects More appropriate if public controversy Allows for impacts that cannot be mitigated (statement of overriding considerations) Favorable standard of review by courts compared to MNDs 21 CEQA Process – Required parts of the EIR The EIR is fundamentally an informational documents: Project description Environmental setting (baseline) Environmental impacts Growth inducing impacts Mitigation measures Alternatives Cumulative Impacts 22 CEQA Process – Public Review Regardless of whether the Agency completes an ND, MND or EIR, the document must be circulated for public review. This is an opportunity for everyone – the public, interested organizations, and other governmental agencies – to review the document and provide comments. 23 CEQA Process – Final Document Once the public review process is complete, the Lead Agency considers comments and decides whether to make updates to their document. In the case of the EIR, all comments must be responded to in writing. The actual written comments received, along with the Agency’s response, will be included in that final document (called the “Final EIR”) Next, the Lead Agency approves a final document. 24 CEQA Process – Notice of Determination/Notice of Exemption Once the environmental document is complete and the Lead Agency has approved moving forward with the project itself, the Lead Agency will file a Notice of Determination (NOD). If the project is exempt from CEQA, a Notice of Exemption (NOE) is filed. The filing of the NOD or NOE starts the clock for a challenger to seek judicial review -- 30 days for an NOD and 35 days for NOE. 25 Questions? ?