What ConsulTants need to KNOW about CEQA for Public Schools

1. What ConsulTants need to KNOW about CEQA for Public Schools AEP Annual Conference May 19, 2017

2. Introductions • Steve Noack, AICP, Principal, PlaceWorks • Amy Skewes-Cox, AICP, Environmental Planning • Jessika Johnson, Esq., Dannis Woliver Kelley • Robert Porter, Chief Operations Officer, San Carlos School District

3. Overview of Presentation • How schools are different from most CEQA projects • What to request from clients • What CEQA items not to forget • School exemptions • Types of hurdles to expect • Role of school staff vs. CEQA consultant • Environmental requirements for new schools

4. How Schools are Different • Schools are their own lead agency • Exemptions to local land use regulations • School Boards rarely deal with CEQA • School staff rarely deal with CEQA • Bonds don’t account for mitigation measures

5. What to request at startup • Make sure District informs architects of CEQA needs • Create list of data needs as part of proposal • Get entire team to contribute to this list early on • Get District and architect review and approval of Project Description • Request architects to prepare “CEQA-ready” graphics • Inform District of importance of projections for students/faculty/staff • Make sure the “whole” of the project identified

8. Central Middle School at Completion, San Carlos

9. What not to forget • Districts rely on consultants for tasks often done by Planning Department staff • Get mailing list from local jurisdiction in format for labels • Remember Notice of Preparation, Notice of Completion, Notice of Determination • Send FEIR to commenting agencies 10 days prior to hearing • File NOD within 5 days of project approval • Put in request for County Clerk and CDFW checks EARLY

10. CEQA School Exemptions • Class 2, Replacement or Reconstruction (CEQA Guidelines 15302). • Class 3, New Construction or Conversion of Small Structures (CEQA Guidelines 15303). • Class 14, Minor Additions to Schools (CEQA Guidelines 15314). Class 14 consists of minor additions to existing schools on existing school grounds where the addition does not increase original student capacity by more than 25 percent or ten classrooms, whichever is less. The addition of portable classrooms is included in this exemption. • Note: If sensitive issues apply such as historic buildings, hazardous conditions, and/or heritage trees, Class 14 may not apply.

11. When schools are exempt • Exemption from Local Zoning • Government Code section 53094, et seq. • Need to obtain Resolution from School Board and notify City/County in writing • Reference resolution number and date in EIR text • Does not apply to drainage, road, or grading regulations

12. Attorney input in process • Attorney involvement early in the CEQA process is recommended (Review of scope work, project description, ADEIR, public comments) • Reviewing CEQA documents during drafting stage • Issuing opinions regarding CEQA compliance • Anticipating potential concerns • Providing direction on legal adequacy issues • Providing examples of how a similar issue has been handled in a similar context • Seek to limit the district’s exposure to CEQA litigation and the possibility that a challenge to the project approval may result

13. Types of Hurdles to expect • Resistance from Board – is EIR really needed? • Time Allotment for Process • Slow responses from key contributors • Neighbors having alternative agenda • Think ahead about controversial items – i.e., grass vs. turf • Too many cooks in the kitchen • Starts and stops • DTSC

14. Role of School staff vs. Ceqa consultant • Make sure it’s a good fit • Only one focal point at District • Clearly define timeline with critical benchmarks • Make sure Board member part of review • Define roles of team carefully (staff, consultant, Counsel, architect) • Keep a sense of humor

15. environmental requirements for new schools • State Facility Program • Eligibility required for State funded projects • “self-certify” • Project doesn’t create any new significant heath & safety hazards • Project doesn’t exacerbate any existing health & safety hazards • Must satisfy certain requirements under the Education Code • DTSC oversight • Geohazards Study • Title 5 of the California Code of Regulations

16. environmental requirements for new schools • CCR Title 5 Risk Assessments • Applies to new school sites and construction of new schools • Applies to property additions to existing school sites • Not applicable to existing sites and buildings • Charter schools are exempt, unless funding is sought from State Allocation Board

17. environmental requirements for new schools • Topics to be Addressed • Air Quality • Geology & Soils • Hazards and Hazardous Materials • Pipelines • Storage tanks • Agricultural operations • Power lines • Hazardous waste disposal site • Adjacent to remediation site • Naturally occurring hazardous materials • Adjacent to oil or natural gas well

18. environmental requirements for new schools • Topics to be Addressed • Hydrology and Flooding • Land Use and Planning • Noise • Public Services • Transportation/traffic

19. Questions and Comments