ESP 179- Winter 2012

EIRsJanuary 17, 2012

Instructor: Trevor Macenski

Prepare Initial Study

Prepare/DistributeNotice of Preparation (30 days)

Scoping Meeting

Prepare Draft EIR

Public and Agency Reviewof Draft EIR (45 days)

Public Meeting on Draft EIR (optional)

Prepare Final EIR Including Response to Comments

Review of Responses byCommenting Agencies

File Notice of Determination

Public Hearings/Decision

= Opportunities for Public/Agency Input

Overview: CEQA EIR Process

Notice of Preparation (NOP) review for 30 days

Scoping meeting is required for qualifying projects

Public scoping meeting is not required, but is commonplace

Notice of Completion (NOC) and Notice of Availability (NOA) to start minimum 45-day Draft EIR public review

Public hearing on Draft EIR is discretionary

EIR Process Highlights

Proposed responses to comments sent to responding public agencies at least 10 days before certification

Public hearing is not required by CEQA, but often held for other project review reasons

EIR certification, project approval, CEQA findings, MMRP, statement of overriding considerations (if needed)

File Notice of Determination (NOD)

EIR Process Highlights

Project EIR

Subsequent EIR

Supplement to an EIR

Master EIR and Focused EIR

Program EIR

Others (Staged, Redevelopment, Base Reuse, General Plan)

Addendum to an EIR

Environmental Impact Reports

Include: Description, location, and a discussion of the probable environmental effects.

EIR can be initiated while waiting for comments from responsible agencies.

Responsible agencies and public have 30 days to review and comment on an NOP.

Their concerns need to be addressed in the EIR.

EIR cannot be released for public review until 30 days after

distribution of the NOP.

Notice of Preparation (NOP)

Send to State Clearinghouse, Responsible Agencies, Trustee Agencies and involved Federal Agencies

Send to jurisdictions, individuals and groups with an interest in the project

Use certified mail or other method to confirm delivery

30 days run from date of receipt (not postage date)

NOP Procedures

Required for statewide, regional and area wide projects as defined in CCR §15206

Not a public scoping meeting (no public notice requirements unless person requests notice, but good to invite interested public)

Notice to Responsible, Trustee Agencies and persons requesting notice (PRC §21083.9; CCR §15082 )

Scoping Meeting

Table of contents Summary Project description Environmental setting Consideration and discussion of

impacts Significance Thresholds Significant effects Mitigation measures Alternatives Cumulative impacts Significant irreversible changes Growth inducing impacts Effects found not to be significant Organizations and persons

consulted

Format may vary

Each element must be covered

State where each is discussed

Contents of an EIR

Table of contents

Summary brief summary of proposed action

each significant effect and mitigation

alternatives comparison

areas of controversy

issues to be resolved

Contents of an EIR (cont.)

Project Description regional map with location

precise location/boundaries on a map

statement of objectives

project characteristics

intended uses of the EIR agencies using EIR

list of permits and approvals

list of environmental review/consultation needs

Contents of an EIR (cont.)

Environmental SettingDescription of physical environmental conditions

at the time of the NOP, or when environmental analysis is commenced, if no NOP

Baseline for environmental analysis, which is normally the setting at time of NOP

Regional setting and rare or unique resources

Contents of an EIR (cont.)

Significant environmental effects thresholds of significance

direct and indirect, short- and long-term, all phases

effect of bringing people/development to an area

Significant effects that cannot be avoided

Irreversible environmental changes

Growth-inducing impacts foster economic or population growth

remove obstacles to population growth

Contents of an EIR (cont.)

Alternatives offer environmental advantage

Avoid or lessen at least one significant impact

Feasible alternatives

“capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.”

A range of reasonable alternatives

Environmentally superior alternative

Can identify alternatives found to be infeasible

Contents of an EIR (cont.)

Effects found not to be significant

Organizations and persons consulted

List of preparers

In Final EIR: comments on draft EIR,

list of commenters,

responses to environmental points raised

revisions to EIR text (embedded in responses, in an errata chapter, or track changes in full text discretionary)

Contents of an EIR (cont.)

Air quality Biology Hydrology/Water quality Climate Change/GHG Energy Geology/Soils Community Character Land Use & Planning Public Services

Cultural Resources Traffic Recreation Agriculture Seismic safety Noise Aesthetics Hazardous materials

Typical EIR Impact Analysis Issues

Shall focus on alternatives to the project or its locations which are capable of avoiding or substantially lessening any significant effects of the proposed project, even if these alternatives would impede to some degree the attainment of the project objectives

Project Alternatives

Rule of Reason

Mandatory - No Project Alternative

Typical Alternatives:Reduced size/intensity

Revised design to mitigate impacts

Alternative locations

How Many Alternatives?

Public Notice of Availability (NOA)Mailed to those previously requesting notice

and,

General circulation newspaper or,

Posting in the project area or,

Direct mailing to owners/occupants of contiguous parcels

Notice of Availability

Text revisions to Draft EIR Responses to comments

Must be good-faith, reasoned analysis Must respond to significant environmental points Discuss any alternatives suggested during public review

No separate review period for Final EIR Written response to commenting public agencies

At least 10 days prior to certification Explain rationale behind responses (use

substantial evidence, refer to Draft EIR coverage)

Final EIR

…where comments from responsible experts or sister agencies disclose new or conflicting data or opinions that cause concern that the agency may not have fully evaluated the project and its alternatives, these comments may not simply be ignored. There must be good faith, reasoned analysis in response.

Court Case: The People vs. County of Kern

Brief description of project

LocationAddress where

environmental document is available

Period during which comments will be received

Notice of hearings(if one is scheduled)

Notice of Completion (NOC)

Consider and Certify EIR

Approve ProjectMake Findings

Adopt Mitigation, Monitoring Program

Adopt Statement of Overriding Considerations (if necessary)

Decision Process

Findings needed for approval of Project

Only 3 possible findings:

(a)(1) Changes or alterations have been required that avoid or substantially lessen significant effects

(a)(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency, and such changes have been adopted or can and should be adopted by that agency

(a)(3) Specific economic, legal, social, technological, or other considerations make mitigation/alternatives infeasible

(CCR § 15091)

Findings for a Decision

Finding must be made for each significant effect Suggested format

Impact: Finding: Facts:

Facts explain rationale behind the finding MMRP need not be in EIR, but adopted with project

approval Mitigation measures become conditions of approval

Hints for Findings

Statement needed for approval of project with remaining significant effects Reasons to approve a project where significant impacts

are not avoided or substantially lessened

Supported by substantial evidence in the record

Reasons can be economic, legal, social, technological or other, including region-wide or statewide environmental benefits (2010 revisions)

(CCR § 15093)

Statement of Overriding Considerations

Within 5 working days after project approvalPosted with the county clerk for at least 30

daysFiled with State Clearinghouse for at least

30 daysDFG Fee required at time of filingStarts 30 day Statute of Limitations (180

days if not filed and posted)Required for ND/MND and EIR

(CCR §15094)

Notice of Determination (NOD)

Project description Location Date of approval Determination whether will have a

significant effect on the environment

That ND/MND or EIR was prepared/certified pursuant to CEQA

Whether mitigation measures are a condition and whether Statement of Overriding Considerations was adopted

Address of where ND/MND or EIR and certification can be examined

Notice of Determination (NOD)

To file a NOD w/ County Clerk or State Clearinghouse

EIR and ND/MND: (adjusted annually) County clerk fee $50 (no fee for Clearinghouse)

“No effect on fish and wildlife” avoids the fee, but narrowly defined Contact regional DFG office

New regulations clarifying the process are expected

Project is not vested or final until fee is paid

Fish and Game Filing FeesFGC § 711.4

Questions?

Thank You