Exploring CEQA and the Air Quality Benefits of Good Land Use

Exploring the

California Environmental Quality Act (CEQA) and

Realizing the Air Quality Benefits of Good Land Use

Let’s Get Moving Silicon Valley Feb. 23, 2013

GREENBELT ALLIANCE

BAY AREA AIR QUALITY MANAGEMENT DISTRICT

Adam Garcia Policy Researcher

Ian Peterson Environmental Planner II

GREENBELT ALLIANCE

Exploring CEQA

◽ Brief Overview ◽ Project Review and Timeline under CEQA ◽ Types of Environmental Impacts ◽ Ways of Measuring the Impacts ◽ Mitigating the Worst Impacts ◽ How to Comment During Public Review

photo: the_tahoe_guy

HOW CAN WE THRIVE

AND AVOID IMPACTING

OUR ENVIRONMENT?

GREENBELT ALLIANCE

Exploring CEQA

◽ Passed by Governor Reagan in 1970 after the National Environmental Policy Act (NEPA)

◽ Ensures environmental impacts are considered during the decision-making process for public or private projects

◽ No CEQA police, enforced by citizen influence or agency lawsuits

GREENBELT ALLIANCE

Exploring CEQA

◽ Purpose ◽ Disclose environmental impacts ◽ Identify ways to avoid damage ◽ Prevent significant unavoidable damage ◽ Provide reasons for a project’s approval despite significant

environmental impacts ◽ Encourage interagency cooperation ◽ Enhance public participation in the planning process

GREENBELT ALLIANCE

◽ When does it apply? ◽ An Agency holds discretion over a potential “project” that

could result in direct or indirect physical changes in the environment

◽ What is a “project”? ◽ Builds something, funds an activity, issues

a permit for an activity

◽ Which Agency? ◽ Lead Agency, Responsible Agency, Trustee Agency

Exploring CEQA

GREENBELT ALLIANCE

CEQA Flow Process for a Project

Source: California Resources Agency

Do we have to worry about any impacts from the project?

Let’s include any other agencies that have jurisdiction over the project area.

Can we design the project to avoid causing an impact

on the environment,

So which agency is leading this

project anyway?

or will there be a significant effect if the project goes forward as planned?

Following an initial study of the project, we’re giving notice of our preparation of the project’s…

Mitigated Negative Declaration Environmental Impact Report (EIR)

Negative Declaration

Hire a consultant to draft an EIR.

Notify the public there will be a draft EIR released on a certain date for a given amount of time. PUBLIC

REVIEW PERIOD Incorporate public comments

on project into a final EIR including our agency response to each question asked.

Consider mitigations to significant impacts produced from the project.

Make a final decision on the project.

GREENBELT ALLIANCE

Public Comment with CEQA

◽ Awareness of planning activity or projects in your area ◽ Write a form letter to the lead agency to receive future notices on a

project ◽ Review the environmental determination of a project ◽ Familiarize yourself with the key findings of the document ◽ Strategize how you can use your resources to send your informed

analysis on the project ◽ Write a comment letter to the lead agency regarding your concerns

on the impacts of the project and potential mitigations

photo: California High Speed Rail Authority photo: Michael Patrick

Aesthetics

Environmental Impact Categories

Air Quality


photo: Getty Images

Hydrology / Water Quality


photo: A-N West Inc.

Land Use / Planning


source: DRAFT Diridon Station Area Plan

source: David Coate Consulting photo: Mike Yoder/Journal-World Photo source: Stirling-Alloa Kincardine Railway


Noise

Population / Housing


photo: Kurt Rogers/The Chronicle

Public Services


photo: SJFD News & Public Information

Recreation


source: DRAFT Diridon Station Area Plan N

Transportation / Traffic



Utilities / Service Systems


photo: PublicCEO.com

GREENBELT ALLIANCE


◽ Aesthetics ◽ Air Quality ◽ Hydrology/Water Quality ◽  Land Use/Planning ◽ Noise ◽ Population/Housing ◽ Public Services ◽ Recreation ◽  Transportation/Traffic ◽ Utilities/Service Systems

◽ In what way are you an every day expert? ◽ Whose expertise could you

rely upon for support?

Global Warming Impacts

Measuring the Impact

source: Envision San José 2040 General Plan

Environmental Setting, or Baseline Conditions


photo: City of San Jose

Compare Anticipated Impacts to Baseline Conditions


Existing General Plan Implementation 2040 Goal

Transit

Bicycle

Walk

Journey To Work

4.1%

1.2%

1.8%

10%

2%

2%

20%

15%

15%

Envision San José 2040 General Plan

photo & source: City of San Jose

Significant Effect on the Environment


Thresholds of Significance

photo: David Monniaux

Direct vs. Indirect Effects


Significant Irreversible Environmental Changes


Orchard planned for 244 residential estates photo: Adam Garcia

Growth-Inducing Impacts


Central Zone

The Commerce and Entertainment Zone

Affordable Housing?

source: DRAFT Diridon Station Area Plan

Cumulative Impacts


Upper Penitencia Creek Improvement Project

Initial Study / Mitigated Negative Declaration

source: VTA – BART Silicon Valley


Air Quality

Mitigation Measure Summary Environmental Checklist and Impact Category

Summary of Less - than - Significant Impacts with Mitigation Incorporated

This is why the project won’t exceed the thresholds of significance for air quality

Mitigation Measure #1 •  Best practice for good air quality

Mandatory Findings of Significance

Mitigation Measures Measuring the Impact source: DRAFT Diridon

Station Area Plan

Alternatives Analysis Measuring the Impact

photo: Google Earth

GREENBELT ALLIANCE


◽ Global Warming Impacts ◽ Environmental Setting, or

Baseline Conditions ◽ Compare Anticipated Impacts to Baseline

Conditions ◽ Significant Effect on the Environment ◽ Direct vs. Reasonable Foreseeable Indirect

Effects ◽ Significant Irreversible Changes ◽ Growth-Inducing Impact

◽ Cumulative Impacts ◽ Mandatory Findings of

Significance ◽ Mitigation Measures ◽ Alternatives Analysis

painting: Norman Rockwell

GREENBELT ALLIANCE

How to Comment Effectively

◽ Decide on your concerns/goals and read relevant sections first; think through your questions as you read the project’s documents

◽ Emphasize your local expertise but base your comments on data, not emotion

◽ Be specific, succinct and professional ◽ Use standard intro, body and conclusion format ◽ Cite sections of the project’s documents directly, focus on facts and

quote relevant professionals and reports ◽ Make sure your take home message is clear

30-day

3/16/13

3/18/13

3/21/13

3/26/13

4/5/13

4/10/13

4/15/13

4/20/13

4/25/13

4/28/13

5/2/13

5/6/13

5/10/13

Comment Letter Timeline

Reviewing and Commenting on anEnvironmental Impact Report

Comment Letter Due Date5/10/13

45-day

3/1/13

3/3/13

3/6/13

3/16/13

3/21/13

3/26/13

4/5/13

4/15/13

4/25/13

4/28/13

5/2/13

5/6/13

5/10/13




60-day

2/14/13

2/21/13

2/27/13

3/1/13

3/6/13

3/11/13

4/15/13

4/20/13

4/25/13

4/28/13

5/2/13

5/6/13

5/10/13 Comment Letters Due

Consider additional secondary goals

Review and familiarize yourself with mitigation measures that are appropriate to addressing your goals

Conduct a thorough review the relevant Elements/Sections of the proposed Project

Determine what allies should be contacted to support particular sections, or specialties

Following your review, compile resources to begin drafting EIR comments based on your analysis

Make bullet points of the main findings from your review

Draft a letter with your main findings from the Plan's EIR analysis

Send draft letter to colleagues for review

Edit and update EIR comment letter

Submit EIR comment letter

Begin to review the Plan's EIR


Familiarize yourself with the proposed Project or Plan and develop your own goals in the context of the project's goals



Comment Letters Due

Consider additional secondary goals

Review and familiarize yourself with mitigation measures that are appropriate to addressing your goals

Conduct a thorough review the relevant Elements/Sections of the proposed Project

Determine what allies should be contacted to support particular sections, or specialties

Following your review, compile resources to begin drafting EIR comments based on your analysis

Make bullet points of the main findings from your review

Draft a letter with your main findings from the Plan's EIR analysis

Send draft letter to colleagues for review

Submit EIR comment letter

Begin to review the Plan's EIR

Familiarize yourself with the proposed Project or Plan and develop your own goals in the context of the project's goals


GREENBELT ALLIANCE

How to Comment Effectively

◽ California Attorney General’s Office – CEQA ◽ http://oag.ca.gov/environment/ceqa

◽ Planning and Conservation League – CEQA ◽ http://www.pclfoundation.org/publications/ceqaresources.html

◽ Receive CEQA Notices for a Particular Project ◽ Write a request letter to the lead agency

◽ Greenbelt Alliance ◽ Sign up to receive email newsletter about San Jose

◽ Bay Area Air Quality Management District ◽ Suite of Online Tools

Ian Peterson Environmental Planner II

Let’s Get Moving Silicon Valley 2013 Summit

CEQA & Air Quality Benefits

of Land Use

Ø  Regional Air Pollution Control Agency •  Jurisdiction over air quality in 9 Bay Area counties •  Protect and Improve Public Health, Air Quality,

and the Global Climate •  Bay Area population of over 7 million

Ø  Responsibilities •  Stationary source regulations & permits •  Plans for attaining/maintaining air quality

standards •  Incentive programs to reduce emissions from

motor vehicles •  Coordinate with regional agencies, cities and

counties, transit agencies on transportation and land use programs to reduce motor vehicle emissions

BAAQMD Background

39

Connections •  Major sources of air pollutants

•  Limited authority over mobile emissions

•  150 million daily vehicle miles traveled

•  Land use decisions are critical

Transportation, Land Use & Air Quality

40

Smart Growth: Driving vs. Density

41

Reducing GHG emissions, achieving air quality standards, and minimizing localized exposure to air pollutants are central to the District’s goals and efforts. To that end, the District encourages local governments to integrate public health into the planning process. Together, we can: Ø Recognize how we build influences travel choices

Ø Support community-wide, comprehensive planning

Ø  Integrate risk reduction strategies

Ø  Further develop tools and new techniques

Ø Continue collaborating

How Do We Achieve Healthy TOD?

42

Clean Air Communities Initiative

EXPOSURE & HEALTH

ASSESSMENT

REGULATIONS, PLANS,

& GUIDELINES

GRANTS &

INCENTIVES

ENFORCEMENT

OUTREACH &

EDUCATION

MONITORING •  Ambient Monitoring Network •  Community Monitoring •  Local Measurement Studies •  Collaborate with UniversiDes and Community Research Monitoring Programs •  Photochemical Monitoring •  General AviaDon Airport Sampling •  Near Roadway Monitoring

MODELING & ASSESSMENT •  Regional and Local Modeling •  Regional and Local Exposure and Health Impacts Assessment •  Permit Modeling and Risk Assessment

OUTREACH/EDUCATION •  Public Engagement Policy and Plan •  Collaborate with Local Governments •  Collaborate with Health Departments •  Collaborate with TransportaDon Agencies •  Community MeeDngs •  Resource Teams •  Collaborate with Community Groups •  Wood Smoke Outreach

REGULATIONS •  NSR / Permits •  2588 Hot Spots Program •  Source Specific Rules •  Wood Smoke Rule •  Back-‐up Generators •  Indirect Source Rule

PLANNING & GUIDELINES •  CEQA Guidelines •  Community Risk ReducDon Plans •  2010 Clean Air Plan •  PM Strategy •  General Plan Guidelines •  SB375/SCS •  Climate ProtecDon Program/ GHG Co-‐Benefits •  Healthy Community Development Guidelines

ENFORCEMENT •  Diesel Enforcement Program •  InspecDon/Enforcement of District RegulaDons •  Enforcement of CARB RegulaDons •  Respond to Complaints •  InspecDon of Grantees

GRANTS/INCENTIVES •  Carl Moyer Program •  TFCA •  Mobile Source IncenDve Fund •  I-‐Bond/Goods Movement •  Bay Area Clean Air FoundaDon

COMMUNITIES

•  CEQA Guidelines & Support Tools Ø  Recommended methodologies, analyDcal models, and procedures

Ø  Screening tools esDmate risk levels for permi[ed sources, highways and major roadways

Ø  Providing project assessment/technical assistance to local government staff and the public

•  Community Risk ReducNon Plans (CRRPs)

Ø  Community-‐wide approach to addressing public health and exposure

Ø  IniDated CRRP pilot effort with ciDes of San Francisco and San Jose

Ø  Working with city staff on risk reducDon measures

43

Supporting Smart, Healthy Infill: Air District Efforts

Community Air Risk Evaluation: Impacted Communities

Ø  CARE program identifies 6 priority communities in Bay Area

•  Exposure of youth and seniors to toxics •  High emissions of toxics •  Vulnerable populations – low income •  Roadways as primary boundaries

Ø  Focus comprehensive emission reduction strategies through Clean Air Communities Initiative

Ø  Seek to reduce impacts from land use, transportation decisions

Ø  Promote infill, while protecting residents

44

45

Priority Development Areas & Impacted Communities

Tools & Methodology http://www.baaqmd.gov/Divisions/Planning-and-Research/CEQA-GUIDELINES/Tools-and-Methodology.aspx

Smart Growth & Air Quality http://www.baaqmd.gov/Divisions/Planning-and-Research/Smart-Growth.aspx

BAAQMD CEQA Comment Letters http://www.baaqmd.gov/Divisions/Planning-and-Research/CEQA-GUIDELINES/CEQA-Comment-Letters.aspx

Tools & Resources

46

Project Example

47

Diridon StaDon •  250 acres •  Mixed Use •  4.9 million sqc development •  424k sqc retail/dining •  32k seat baseball stadium •  900 room hotel •  2,588 new dwelling units

*Infill and densiDes works best when combined with synergisDc elements such as locaNon, transit service, connected streets, and strong diversity of land uses.

GREENBELT ALLIANCE

Diridon Station Area Plan

Spaces and Places


GREENBELT ALLIANCE


Bicycle and Trail Facilities

N

GREENBELT ALLIANCE


Existing and Future Transit


GREENBELT ALLIANCE


Bicycle Parking


GREENBELT ALLIANCE

source: San José Redevelopment Agency

Air Quality


Demonstrations

53

Google Earth Application

Highway Modelling

Stationary Source Screening Data

Refinement Tools

h[p://www.baaqmd.gov/~/media/Files/Planning%20and%20Research/CEQA/Google%20Earth%20Layers%20May%2025%202012/Santa_Clara_2012.ashx?la=en

h[p://www.baaqmd.gov/~/media/Files/Planning%20and%20Research/CEQA/SantaClara-‐6c.ashx?la=en

54

Thank You

Ian Peterson – Environmental Planner II

Planning, Rules, & Research Division, BAAQMD

[email protected] (415) 749-‐4783

Adam Garcia – Policy Researcher

Greenbelt Alliance

[email protected] (415) 543-‐6771

Documents

Exploring CEQA and the Air Quality Benefits of Good Land Use