HomeMy WebLinkAbout6.1 t0 J. '
July 26, 1995
TOWN OF Los ALTOS HILLS
Staff Report to the Planning Commission
RE: STUDY SESSION REGARDING SUBDIVISIONS AND THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FROM: Curtis Williams, Planning Direc'�Qr� J
Several subdivisions, lot line adjustments and lot mergers are tentatively
• scheduled to come to the Commission in the coming months, beginning at the
August 9th meeting. In some of those cases, either Negative Declarations or an
Environmental Impact Report (Vidovich) will accompany those projects,
pursuant to provisions of the California Environmental Quality Act (CEQA).
Given the upcoming projects, staff felt it would be timely to review the basics of
subdivision and CEQA law and how they relate to Town development review..
Attached are handouts I will use to present the background material to the
Commission. I hope this informal session will be helpful and I'd be glad to
provide additional information you need subsequent to the meeting.
ATTACHMENT
Town of Los Altos Hills Study Session: California Environmental Quality Act
and Subdivision Map Act
/pcceqasubd.rep
•
1.
TOW OF LOS ALTOS HILLS
PLA NING COMMISSION
STUDY SESSION
CALIFO NIA ENVIRONMENTAL
Q i ALITY ACT (CEQA)
AND
SUBDIVISION MAP ACT
JULY 26, 1995
t
ti '
TOWN OF LOS ALTOS HILLS
PLANNING REVIEW,RESPONSIBILITIES
PLANNING COMMISSION
A. GENERAL PLAN AMENDMENTS
B. ZONING CODE AMENDMENTS
C. SUBDIVISIONS, LOT!LINE ADJUSTMENTS, AND
MERGERS
D. CONDITIONAL USE PERMITS AND REVIEWS
E. VARIANCES. AND EXCEPTIONS
F. SITE DEVELOPMENT PERMITS
G. ENVIRONMENTAL REVIEW (CEQA)
H. APPEALS OF STAFF/SDC DECISIONS
t.
S BDIVISION MAP ACT
GOVERN ENT CODE SEC. 66410 ET. SEQ.
PRIMARY GOAT S. OF THE ACT:
A. TO EN •OURAGE ORDERLY COMMUNITY
DEVELO MENT BY PROVIDING FOR THE
REGULA ION AND CONTROL OF. THE, DESIGN
,AND IMP OVEMENT OF THE SUBDIVISION, WITH
PROPE CONSIDERATION OF ITS RELATION TO
ADJOINI G AREAS;
B. II'O ENS RE THAT THE AREAS WITHIN THE
SUBDIVIS ON THAT ARE DEDICATED FOR PUBLIC
PURPOSEWILL BE PROPERLY IMPROVED BY THE
UBDIVI D ER SO THAT THEY WILL NOT BECOME
AN UNDU BURDEN ON THE COMMUNITY; AND
C. TO PROTI CT THE PUBLIC AND INDIVIDUAL
TRANSFE EES FROM FRAUD AND EXPLOITATION.
4
SUBDIVISION TERMS
1. SUBDIVISION - DIVISION OF.PROPERTY INTO TWO OR
MORE LOTS; REQUIRES!TENTATIVE MAP AND FINAL
MAP; HEARING. AND FINDINGS BY COMMISSION
WITH RECOMMENDATIONTO COUNCIL; COUNCIL
ACTION REQUIRED; FINAL MAP APPROVED BY
COUNCIL, ALONG WITH ACCEPTANCE OF LAND AND
EASEMENT DEDICATIONS.
2. LOT LINE ADJUSTMENT - ALTERATION OF LOT LINES
RESULTING IN NO NEW LOTS BEING CREATED; DOES
NOT REQUIRE FILING A MAP OR RECORD OF SURVEY,
BUT DOES REQUIRE COMMISSION AND COUNCIL
APPROVAL; NO DISCRETIONARY CONDITIONS.
3. MERGER - MERGING TWO OR MORE LOTS INTO ONE
PARCEL; TREATED AS SUBDIVISION MAP.:.
4. CERTIFICATE OF COMPLIANCE - DOCUMENTATION
THAT A LOT IS "LEGAL"; COUNCIL ACTION
REQUIRED; DOES NOT ASSURE THAT BUILDING
PERMIT WILL BE GRANTED.
5. IMPROVEMENT AGREEMENT .- AGREEMENT WITH
SUBDIVIDER TO MAKE IMPROVEMENTS (ROADS,
PATHWAYS, SEWER, LANDSCAPING, ETC.) WITHIN
SPECIFIED TIME FRAME; COUNCIL APPROVAL AT
TIME OF FINAL MAP; REQUIRES SURETY TO
GUARANTEE COMPLETION; NO BUILDING PERMITS
UNTIL IMPROVEMENTS ARE COMPLETED.
6. NEXUS - RELATIONSHIP BETWEEN RESTRICTIONS AND
DEDICATION REQUIREMENTS FOR PUBLIC PURPOSES
(PATHWAYS, CONSERVATION EASEMENTS, SCHOOLS, .
PARKS, ETC.) AND THE PROPOSED PROJECT; MUST BE
"NEXUS" TO IMPOSE REQUIREMENTS; MUST ALSO BE
IN REASONABLE PROPORTION TO PROJECT/SITE.
' a
TO N OF LOS ALTOS HILLS
SUBDIVISION CODE
(CHAPTER 9-1)
1. TITLE, PURPOS► S AND OBJECTIVES:
2. DEFINITIONS
3. GENERAL PRO ISIONS
4. PRELEMINARY APS AND CONFERENCES
5. TEN''ATIVE M PS
6. TENTATIVE LO DESIGN AND DEVELOPMENT PLANS
7. ROAD;DESIGN STANDARDS
8. SOILS REPORT'
9. GEOLOGIC RE ORTS,
10. APPEALS
11. IMPROVEMEN S
12. FINAL MAPS
13. IMPIOVEMEN AGREEMENTS, SECURITY AND
INSURANCE
14. PARK AND RE SREATION REQUIREMENTS
15. CONDITIONAL EXCEPTIONS
z
TOWN OF LOS ALTOS HILLS
SUBDIVISION APPROVAL PROCESS
PRELIMINARY MAP AND CONFERENCE
Subdivision Review Committee
(Staff, Pathways; Envir. Design)
TENTATIVE MAP
Subdivision Review Committee
Other Agencies
Planning Commission
City Council
FINAL MAP
Planning Director
City Engineer
City Council
IMPROVEMENT AGREEMENT
Planning Director
Town Engineer -
Town Council
CONSTRUCTION OF,IMPROVEMENTS
BUILDING PERMITS
-a.
FINDING. FOR UBDIVISION APPROVAL
• SECTIO 9-1.515(E)
• CONSIS ENT WITH THE GENERAL PLAN
• CONSIS ENT WITH ZONING PROVISIONS
• CONSIS ENT WITH SITE DEVELOPMENT
PROVISI o NS
• CONSIST NT WITH SUBDIVISION MAP ACT
• SHOULD CONSIDER:
(A) E IRONMENTAL REV i EW (CEQA);
(B) REC•MMENDATIONS OF TOWN ADVISORY
CO MITTEES;
(C) OR •INANCES AND GENERAL PLAN;
(D) REQ ESTS FOR EXCEPTIONS;
(E) STA F REPORTS/RECOMMENDATIONS;
(F) PUB IC TESTIMONY; AND
(G) TES IMONY OF SUBDIVIDER AND/OR
REP I' ESENTATIVES
i
•
FINDINGS FOR SUBDIVISION DENIAL
SECTION 9-1.515(E):
1. THAT THE PROPOSED MAP IS NOT CONSISTENT
WITH THE APPLICABLE GENERAL PLAN AND
SPECIFIC PLANS;
2. THAT THE DESIGN OR IMPROVEMENT OF THE
PROPOSED SUBDIVISION IS NOT CONSISTENT
WITH THE APPLICABLE GENERAL PLAN AND
SPECIFIC PLANS;
3. THAT THE SITE IS NOT PHYSICALLY SUITABLE
FOR THE PROPOSED DENSITY OF DEVELOPMENT;
4. THAT THE DESIGN OF THE SUBDIVISION OR THE
PROPOSED IMPROVEMENTS ARE LIKELY TO
CAUSE SUBSTANTIAL ENVIRONMENTAL
DAMAGE OR SUBSTANTIALLY AND AVOIDABLY
INJURE FISH OR WILDLIFE OR THEIR HABITAT;
5. THAT THE DESIGN OF THE SUBDIVISION OR THE
TYPE OF IMPROVEMENTS ARE LIKELY TO CAUSE
SERIOUS PUBLIC HEALTH PROBLEMS;
6. THAT THE DESIGN OF THE SUBDIVISION OR THE
TYPE OF IMPROVEMENTS WILL CONFLICT WITH
EASEMENTS, ACQUIRED BY THE PUBLIC AT
LARGE, FOR ACCESS THROUGH OR USE OF,
PROPERTY WITHIN THE PROPOSED SUBDIVISION.
}
•
FINDING, FOR CONDITI • NAL EX EPTI• NS
•
SECTION -1.1501:
NO CONDITIO AL EXCEPTION SHALL BE
RECOMMENDE 1 FOR COUNCIL APPROVAL UNLESS
THE PLANNIN a COMMISSION FINDS THAT:
(A) ' HERE AR SPECIAL CIRCUMSTANCES OR
CONDITI•NS AFFECTING SUCH PROPERTY SO
THAT THE STRICT APPLICATION OF THE
PROVISIO S OF THIS CHAPTER WOULD DEPRIVE
THE APPLICANT OF THE REASONABLE USE OF HIS
LAND; A D
(B) • BY GRANTS NG THE CONDITIONALEXCEPTION
(APPLIED F 0 R, ANY OTHER LANDOWNER SHALL •
NOT BE D :PRIVED OF THE REASONABLE USE OF
HIS.LAND OR BE SUBJECTED TO UNDUE
BURDENS •R HARDSHIPS OR BE DEPRIVED OF
ANY MAT TRIAL USE OR ENJOYMENT OF HIS
PROPERTY
/PCceqasubd.tbl
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PURPOSESOF. CEOA
.
■ ESTABLISH ENVIRONMENTAL PROTECTION
POLICIES FOR CALIFORNIA
■ REQUIRE DISCLOSURE OF ENVIRONMENTAL
IMPACTS OF GOVERNMENT ACTIVITIES
■ REQUIRE AGENCIES. TO.AVOID OR REDUCE
ENVIRONMENTAL DAMAGE WHEN FEASIBLE
▪ FOSTER INTERAGENCY COORDINATION
■ ENHANCE PUBLIC PARTICIPATION
■ REQUIRE AGENCY DECISION MAKERS TO
EXPLAIN THE REASONS WHY THEY ALLOW
ENVIRONMENTAL DAMAGE TO OCCUR
LEGISLATIVE MECHANISMS TO
ACCOMPLISH CEQA'S PURPOSES
• DISCLO URE OF ENVIRONMENTAL IMPACTS
Eli s
Negative Declarations
Initial Studies
• AVOIDANCE OR REDUCTION OF ENVIRONMENTAL
IMPACTS
Mitigation Measures
Alternatives
Findings on Mitigation Measures and Alternatives
■ INTERGOVERNMENTAL COORDINATION
Early Consultation
Scoping
Notice of Preparation
St71 to Clearinghouse Review
• PUBLIC INVOLVEMENT
Public Notice and Review
R sponse to. Comments
Citizen Enforcement
m ent
■ ACCOUNTABILITY IN DECISION MAKING
Findings
Statements of Overriding Corsideration
Reporting and Monitoring
• LEAD AGENCY HAS
PRINCIPAL RESPONSIBILITY
TO CARRY OUT CEQA
• Principal responsiblity to:
- prepare initial study
- decide "threshold question"
- prepare Negative Declaration or EIR
CEQA APPLIES TO DISCRETIONARY
PROJECT APPROVALS
• Discretionary versus ministerial
- Discretionary:-exercise-of-judgment-or
deliberation.
- Ministerial: conformity with statutes,
regulations, standards
• Public agency funding of private project
• Public agency approvals (permits, leases, and
other entitlements)
• Government initiated actions
PRELIMINARY REVIEW
UNDER CEQA
IS THE APPLICATION COMPLETE?
(PRIVATE PROJECTS ONLY)
111 IS THE ACTIVITY A "PROJECT"?
DOES A STATUTORYEXEMPTI9NrAPPLYT- • -
DOES A CATEGORICAL EXEMPTION APPLY?
ii
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TYPE.'. OF PROJ ; CTS
INFRAST" UCTURE AND UBLIC
FACILI IES
LANS, PROGRAMS, AND POLICIES
• 0 'PRIVATE DEVELOPMENT PROJECTS
24 , .
AGENCY DECISION 'MAKING
UNDER CEQA
■ CERTIFICATION
Certification of adequacy of EIR
Certification that decision makers have reviewed and
considered EIR
■ FINDINGS FOR SIGNIFICANT EFFECTS AND
ALTERNATIVES
■ Three possible conclusions
- Impact mitigated by lead agency
- Impact mitigated by another agency
- Mitigation of impact infeasible
▪ Evidence in record to support conclusions
▪ Explanation: the analytical bridge between evidence
and conclusion
■ REPORTING OR MONITORING PROGRAM
■ STATEMENT OF OVERRIDING CONSIDERATION
■ NOTICE OF DETERMINATION
• DECISION BY RESPONSIBLE AGENCIES
s.
(:7: -
PUBLI . NOTICE AND REVIEW
UNDER CEQA
■ NOTICE 0 PEOPLE WHO REQUEST IT
11 PUBLIC OTICE - THREE OPTIONS
- Publi' ation in general circulation newspaper
- Posti g property
- Maili g to adjacent landowners and renters
■ PUBLIC EARINGS
■ STATE C EARINGHOUSE REVIEW
- State Lead Agency Involvement
- NEP • Documents
- State Responsible, or Trustee Agency
Inv Ivement
- Projel ts of Statewide, Regional, or Areawide
Signi icance
- Proje ts in Designated Sensitive Areas
OiruiIU1101% Y ziNki:ivdd lyart,•u I
o (PRC 210S0 (b1JI11)
if o Ministerial projects (PRC 21080 11)1111) , .r
o Emergencies (PP.0 21080 Ib)i21,I31,I41)
o Disapprovals of projects (PRC 210S0 [b1[5])
o Early activities related to poWer plants (PRC 21080 [b1161)
o Setting of rates, tolls, fares, or other charges
(PRC 21080 (b][8J)
o Actions taken to implement Proposition 13
(PRC 21080 (1)1(91)
inisting rail lines, highways, or rights-of-way (PRC 21050(bl(111-(1)1[15))
o Transit projects ex
PRC 21080(1))[)x1)
o Adoption of regional or state transportation improvement progress
outside California subject to NEPA or another 'little NEPA' (PRC 210S0[bl(151)
o Projects � (PRO 21080[1)](16])
o Local agency rules to implement a state-certified regulatory program
o Specific prisons (PRC 21050.01-21080.07)
o Feasibility or planning studies (PRC 21102; 21150) - —_ - -
o Local government approval-of LCPs (PRO 210S6.9)'
o 0-PR general plan time extensions (PRC 21080.10[31)
ancial assistance for low- and moderate-income. housing (PRC 21050.10[b1)
o HCD finPRO 21050.11)
o State Lands Commission title and boundary settlements
o Railroad grade separations (PRC 21080.13) .
o Senior housing or second unit ordinances (PRC 21080.17)
o K-12 school closings (PRO 21080.18) ,
o Street or highway restripiag (PRO 21050.19)
Pipelines of less than 1 mile in public rights-of-way (PRO 221080 21)
o Pi p q Water Code 13372 and 133S9)
o SWRCB waste discharge re uircments under Clean Water Act
o Adoption of timber preserve zones (Government Code 51119)
o Local shad: control ordinances (PRC 25985) •
o Daycare homes with seven to 12 children (Health and Safety Code 1597.461bl)
NONPROJECTS
1
o Proposals for legislation (CCR 1537S Ib1121)
o Administrative or maintenance activities (CCR 15373 1b1(31)
o initiativesd
(CCR 1537S (b1l 1) 6
1
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CATEGORICAL EXEMPTIONS i
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Class 1: Modifications to existing faciliti s (14 CCR 15301) •• ;�
iClass 2. Replacement or reconstruction of existing facilities (14 CCR 15302) i
Class 3: New construction or conversio of small structures (14 CCR 15303)
i
Class 4: Minor alterations to land (14 ',Cr 15304)
Class 5: Minor alterations in land use li. itations (14 CCR 15305)
Class 6: Information collection (14 CC' 15306)
Class 7: Actions by regulatory agencies for protection of natural resouI
iccs (14 CCR 15307) !
Class 8: Actions by regulatory agencies for protection of the environment (14 CCR 1530S)
Ci '.s.9: lnspecti.:ns (14 CCR 15309)
Class 10: Veteran loans
14 CCR 15310
Class 11: Accessory structures (14 CCR 15311) .
Class 12: Surplus government property ales (14 CCR 15312)
Class 13: Land acquisition for wildlife c•nservation purposes (14 CCR 15313)
Class 14: Minor additions to schools (1• CCR 15314)
Cass 15: 1\/..nor land division (14 CCR 15315)
Class 16: Transfer of ownership of land to create parks (14 CCR 15316)
Class 17: Open space contracts or ease ents (14 CCR 15317)
Class 18: Designation of wilderness areas (14 CCR 15318) I
Class 19: Annexations of existing facilit es and lots for exempt facilities (14 CCR 15319)
Class 20: Changes in local agency orga izations (14 CCR 15320)
Class 21: Enforcement actions by regu atory agencies (14 CCR 15321)
Class 22: Educational or training pro ams (14 CCR 15322)
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Class 23: Normal operation= of faciliti s for public gatherings (14 CCR 15323)
Class 24: Regulation of working condi ions (14 CCR 15324)
Class 25: Transfers of ownership of in crest in land to preserve open space (14 CCR 15325)
Class 26: Acquisition of housing for h using assistance programs (14 CCR 15326)
Class 27: Leasing new facilities (14,CCR 15327) !
Class 2S: Small hydroelectric projects at existing facilities (14 CCR 15323)
Class 29: Cogeneration projects at cxi•ting faciliti-:s (14 CCR 15329)1 .
INITIAL STUDIES
USES
▪ DECIDING TO PREPARE ER/NEGATIVE DECLARATION
■ AVOIDING EIRs
■ FOCUSING ON POTENTIALLY SIGNIFICANT EFFECTS
■ IDENTIFYING AND JUSTIFYING LESS-THAN- --
SIGNIFICANT
-
SIGNIFICANT EFFECTS
■ FACILITATING EARLY ENVIRONMENTAL ASSESSMENT
■ SUPPORTING NEGATIVE DECLARATIONS
■ ELIMINATING UNNECESSARY EIRs
■ FOSTERING REUSE OF EIRs
CONTENTS
■ DESCRIPTION OF PROJECT
■ IDENTIFICATION OF SETTING
■ IDENTIFICATION OF POTENTIAL IMPACTS
■ MITIGATION MEASURES
■ CONSISTENCY WITH PLANS AND POLICIES
■ NAME OF PREPARER
WARNING
■ BEWARE OF THE "NAKED" CHECKLIST
-4
APPENDIX I
ai IRJNMENTAL FISP FORM
(Ti Be Completed By Lead Agency) C
I. Backgro
1. Nam of.Propone t
2. .AddhJess and Pho e Number of Proponent
3. Dat of Checkli-t Submitted
4. Agency Requirin: Checklist.
5. Name of Proposa , if applicable 1
Ii. Environmental Impact-
(Explana ions of all "yes" and "maybe" answers are required on attached
sheets.)
Yes Maybe No
1. Earth. Will the proposal result in:
a. Unstable ea.gth conditions or in changes in
geologic su.structures?
b. Disruptions displacements, compaction or
overcoverin• of the soil? _
c. Change in t.pography or ground surface
relief feat i res?
d. The destruc ion, covering or modification
of any uniq'e geologic or physical features?
e. Any increase in wind or water erosion of
soils, either on or off the site? _
f. Changes .in 6 eposition or erosion of beach
sands, or ci :nges in siltation, deposition or
erosion whl'h may modify the channel of a
river or st - or the bed of the ocean or .
any bay, in et or lake?
g. Exposure of people or property to geologic
hazardssucl as earthquakes, landsllides,
mudslides, ::round failure, or similar hazards? ,_ r
19$
--- MAKING CEQA:
THRESHOLD DECISIONS•
▪ LEGAL STANpARDS:
- CAN IT BE "FAIRLY ARGUED"
• - BASED ON
- SUBSTANTIAL EVIDENCE THAT A
SIGNIFICANT EFFECT MAY OCCUR?
• TOOLS T9 HELP AGENCIES
- INITIAL STUDY R SULTS
- MANDATORY FINDINGS OF SIGNIFICANCE
- CEA GUIDELINES - APPENDIX
- CONSULTATION WITH OTHER AGENCIES
- ECONOMIC AND SOCIAL CHANGES
- DISAGREEMENT AMONG EXPERTS
- PUBLIC CONTROVERSY
- VIOLATIONS OF AIR AND WATER
STANDARDS.
-• ARCHEOLOGICAL RESOURCES (APPENDIX K)
NEGATIVE DECL LiAtivhi 4 +
REVIEW PROCESS
INITIAL STUDY CONDUCTED
MITIGATION
MEASURES IDENTIFIED AND AGREED
TO BY PROPONENT
DRAFT N
EGATIVE DECLARATION PREPARED
PUBLIC NOTICE AND REVIEW -
- • 21 days if local= review - •
- 30 days if State Clearinghouse review
O NEGATIVE DECLARATION
RESPONSES TO O
. REC LVED AND CONSIDERED -
NEGATIVE DECLARATION COMPLETED
• (105 .AYS) •
N EGA t iV
E DECLARATION ADOPTED
• LEAD GENCY PROJECT DECISION (180 DAYS)
REPORTING OR MONITORING PROGRAM ADOPTED
ti
NOTICE OF DETERvIINATION FILED AND POSTED
RESPONSIBLE AGENCY ACTION
i • - •
is i'
4
•
REQUIRED CONTENTS OF A
NEGATIVE DECLARATION
n PROJECT DESCR(PT1ON
21 PROJECT LOCATION •
13 MITIGATION MEASURES
CONCLUSION THAT PROJECT WILL NOT
HAVE SIGNIFICANT IMPACTS •
Q COPY OF INITIAL; STUDY-
16
. . . , .
EIR. REVIEW PROCESS
NOTICE OF PREPARATION MAILED (30 DAYS)
DRAF— E1R .PREPARED
PUBLIC NOTICE AND REVIEW
- 30 days if local review
- 45 days if State Clearinghouse review
NOTI E OF COMPLETION -
FINAL EIR
LEAD AGENCY PROJECT DECISION (1 YEAR)
FINDI GS/STATEMENT OF OVERRIDING
CONSIDERATIONS WRITTEN AND ADOPTED
REPORTING OR.MONITORING PROGRAM
ADOPTED
NOTICE OF DETERMINATION FILED AND
POSTED (5 DAYS)
RESPONSIBLE AGENCY ACTION (6 MONTHS)
19
• 4 .
BARE THE EIR
WHO MAY PREPARE
OPTIONS
11 LEAD AGENCY STAFF PREPARES
is LEAD AGENCY HIRES CONSULTANT - BEARS COST
rl LEAD AGENCY HIRES CONSULTANT - APPLICANT
PAYS
® LE AD AGENCY SELECTS CONSULTANT -
APPLICANT HIRES AND PAYS
APPLICANT SELECTS CONSULTANT - AGENCY
HIRES - APPLICANT PAYS
APPLICANT SELECTS ,' HIRES, AND PAYS
CONSULTANT
BUT, REMEMBER:
LEAD AGENCY IS RESPONSIBLE FOR SCOPE,
CONTENT, AND ADEQUACY
DET : MINING SCOPE
OF EIR •
■ INITIAL ST DIES
■ NOTICE O ' PREPARATION OF RESPONSES
o CONSULTATION WITH AGENCIES = r:
■ SCOPING EETINGS
4
REQUIRED CONTENTS OF AN EIR
• TABLE OF CONTENTS OR INDEX
• SUMMARY
▪ PROJECT DESCRIPTION
• ENVIRONMENTAL SETTING
• SIGNIFICANT IMPACTS
- Direct
- Indirect
- Cumulative
- Growth Inducing
- Unavoidable
• ALTERNATIVES
• MITIGATION MEASURE
11 SHORT-TERM USES VS LONG-TERM PRODUCTIVITY*
• IRREVERSIBLE CHANGES*
*Required only in EIRs on plans, policies ordinances,
LAFCO actions, and joint NEPA documents.
•
EIR ADEQUACY:
LECAL STANDARDS
• ALL REQUIRED CONTENTS MUST BE INCLUDED
▪ OBJECTIVE, GOOD FAITH-EFFORT AT
FULL DISCLIDSURE
I PERFECTION OT REQUIRED
;•' EXHAUSTIVE REATMENT OF ISSUES
NOT REQUI " ED
• ▪ MINO!t TECH ICAL DEFECTS NOT
NECESSARI Y FATAL
▪ DISAREEME T AMONG EXPERTS ACCEPTABLE
CONTENTS OF FINAL EIR
o DRAFT. EIR
si COP IES OF COMMENTS RECEIVED DURING
PUBLIC REVIEW
LIST OF PERSONS AND ENTITIES COMMENTING
aRESP ONSES TO .COMMENTS _._ -. - ...
•
- MUST CONTAIN A GOOD-FAITH ,
WELL-REASONED E D WRITTEN ANSWER
•
•
x
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44
4. .
MITIGATION MONITORING :
PROVISIONS OF AB 3180
■ APPLIES TO: Adoption of Negative Declarations
Findings after EIR
■ REQUI " ES: Adoption of a reporting or monitoring
program
for
changes in the pro'ect adopted or made
conditions of approval to mitigate or
avoid significant effects
to .
ensure compliance during project
implementation
■ AUTHORIZES: Levying fees to pay for program
■ PROVIDES: That agencies with jurisdiction by law
over natural resources may be required
to prepare monitoring programs
if
their recommended mitigation measures
are adopted by the lead agency
' i .. ..
• iu
r•B
. .. : :•: :::: :
SimplifiedCEQAFlowc art ::::
. . <...; :. •• • Initial ProjectReview
No( temmCE
OA, Exempt from CE0A,
project may have significant :.. :.::
• no further review.
environmental effects
Prepare an 'Initial Study'
•
. No significant effects Significant effects .
or all effects mitigated possible •
•
Negative Declaration Draft EIR
written written
Public Review Period Public Review Period
•
Note: _ >: :>:
Final EIR completed ""This Chart illustrates
.
..•::. the three common
. paths for project • ••
processing. Process-
Consideration &Approval Consideration & Certification jn times and.the level
of ND by decisionmakers of FEIR by decisionmakers g
. of complexity of: :
Negative.Declarations
and EIRs are not the .
p... Project Decision made same::: :::?:`: :.:::>..:`
i