An Introduction to General Plans and CEQA

1. An Introduction to General Plans and CEQA Seth Litchney, Planner Governor’s Office of Planning & Research

2. Overview of OPR • Part of the Governor’s Office • Statewide Planning and Land Use Agency • CEQA Implementation & Technical Assistance • Environmental Justice • Policy research for Governor and Cabinet • Advisor of Military Affairs, Tribal Consultation Training • Permit Streamlining for Renewable Energy projects

3. Overview of Presentation • General Plans and Zoning • What is CEQA? • Objectives of CEQA • When Does CEQA Apply? • CEQA Process • NEW: SB 375 and SB 226 • OPR’s Role

4. General Plans and Zoning

5. General Plan Basic Requirements • Each county and city must adopt a comprehensive, long-term general plan for the physical development of the county or city. • The general plan acts as a “constitution for future development.” • Lesher Communications v. City of Walnut Creek

6. Elements of the General Plan • The seven mandatory elements • Land Use • Circulation • Housing • Conservation • Open Space • Noise • Safety • Optional elements may be included, but must be consistent with other elements.

7. Basic Requirements • General Plan Consistency • Equal status among elements • CONSISTENCY • Data, analysis, goals and policies within each element must be consistent with and compliment one another.

8. Content • Typically the general plan consists of diagrams and text describing goals, objectives, policies and programs. • The level of detail in each element shall reflect the needs of the community. • The city or county may adopt any format appropriate, including combining elements.

9. Content of General Plans • Goals, objectives, policies and programs. • The level of detail in each element shall reflect the needs of the community.

10. Preparing a General Plan • Adoption deadlines • 30 months after incorporation • Housing element • Other elements updated as needed • General Plan Guidelines (OPR, 2003) • OPR to provide guidance for mandatory elements (§ 65040.2) • OPR’s General Plan Guidelines is an advisory document utilized by planners, decision-making bodies, and the public for help preparing a general plan.

11. Adopting a General Plan • Adoption by the local agency • Recommendation made by planning commission (§ 65354) • Adoption made by legislative body • Notice and hearing (§ 65353 and 65355) • Adopting or amending a General Plan is an action subject to CEQA

12. Implementation

13. Zoning • City or county ordinance which divides a community into districts or zones and determines what can and cannot be built on land within those districts

14. Zoning • Zoning districts usually include: • Residential • Agricultural • Open Space • Commercial • Industrial • Mixed Use

15. Zoning • Zoning addresses: • Restrictions on the use of land • The use of a building in a zone • The bulk, size and design of buildings • Performance standards (parking, landscaping, energy use, etc.)

16. Zoning • Example (City of Sacramento Zoning Map Book): • R-1 Standard Single Family Zone: This is a low density residential zone composed of single family detached residences on lots a minimum of 52 feet by 100 feet in size. This zone may also include recreational, religious and educational facilities as the basic elements of a balanced neighborhood. Minimum lot dimensions are 52 feet by 100 feet interior, 62 feet by 100 feet corner, 7-8 units per acre. Maximum height is 35 feet; maximum lot coverage is 40%. • C-3 Central Business District Zone-Special Planning District: The Central Business District applies to a 67-block portion of the Central City. The C-3 zone is the only classification which has no height limit and is intended for the most intense retail, commercial and office developments in the City. Residential uses are permitted by special permit. • M-2 Heavy Industrial Zone: This zone permits the manufacture or treatment of goods from raw materials. Maximum height is 75 feet. There is no maximum lot coverage. The parking ratio for warehousing uses is no less than 1 space per 1000 square feet gross floor area and no more than 1 space per 500 square feet of gross floor area.

17. Zoning • Zones can be amended through a legislative action. • Zoning changes are subject to CEQA. • The Planning Commission must hold a public hearing and make a recommendation to the legislative body. • The legislative body must hold one public hearing before approving the zone change.

18. CEQA

19. What is CEQA? The California Environmental Quality Act (CEQA) is California’s most important environmental law. It requires state, local, and other agencies subject to the jurisdiction of California to evaluate the environmental implications of their actions.

20. CEQA Foundations • CEQA Statute • Public Resources Code 21000-21177 • CEQA Guidelines • CCR Title 14, § 15000 et seq. • Caselaw • Court decisions interpreting and applying statute and guidelines to specific cases • Public Agency Implementation

21. Objectives of CEQA • To inform decision makers and the public • To identify ways to avoid or reduce environmental damage. • To prevent environmental damage by requiring implementation of feasible alternatives or mitigation measures.

22. Objectives (Continued) • To disclose to the public reasons for agency approval of projects with significant environmental effects. • To foster interagency coordination in the review of projects. • To enhance public participation in the planning process.

23. When does CEQA Apply? Discretionary activities proposed to be carried out or approved by California public agencies, including state, regional, county, and local agencies CEQA applies to private activities that require discretionary government approvals. P.R.C. § 21001.1, 21002, 21080; Guidelines § 15002(i)

24. DEFINITIONS “Project” • CEQA applies to activities that are considered “Projects” • Guidelines § 15378: “Project” means the whole of an action, which has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of the following:

25. DEFINITIONS “Project” (continued) (A) An activity directly undertaken by a public agency. Examples include: • Public works construction activities: • Clearing or Grading • Improvements to public facilities • Planning Activities • Enactment and amendment of zoning ordinances • Adoption andamendment of local general plans

26. DEFINITIONS “Project” (continued) (B) An activity undertaken by a person which is supported, in whole or in part, through contracts, grants, subsidies, loans or other forms of assistance from one or more public agencies. (C) An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.

27. DEFINITIONS “Discretionary” “Discretionary project” means a project which requires the exercise of judgement or deliberation when the public agency or body decides to approve or disapprove a particular activity, as distinguished from situations where the public agency or body merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. Guidelines § 15375

28. Examples of Discretionary Actions Discretionary • Zoning Variance • Use permits • Tentative Subdivision Map • Combinations Non-Discretionary • Building Permit* • Business License • Final Subdivision Map

29. Examples of “Non-Projects” • Activities for which “it can be seen with certainty” that no environmental effect will occur. • Proposals for legislation to be enacted by the State Legislature. • Certain continuing administrative or maintenance activities.

30. DEFINITIONS “Lead Agency” “Lead Agency” means the public agency which has the principal responsibility of carrying out or approving a project. The Lead Agency will decide whether an EIR or a Negative Declaration will be required for the project and will cause the document to be prepared. Guidelines § 15367

31. DEFINITIONS “Responsible Agency” • Public agency which proposes to carry out or approve a project for which a Lead Agency is preparing an EIR or Negative Declaration. • Includes all state and local agencies other than the lead agency with discretionary approval power over the project.

32. DEFINITIONS “Trustee Agency” • State agency with jurisdiction over resources held in trust for the people of California. • Fish and Game • State Lands Commission • Parks and Recreation • University of California • Trustee agency may not necessarily have discretionary approval power over a project.

33. The Process under CEQA

34. Preliminary Review • Submit application to lead agency. • Determine whether project is subject to CEQA. • Review for exemptions.

35. Statutory Exemptions • Established through legislative action. • A Project that falls within a statutory exemption is not subject to CEQA even if it has the potential to significantly affect the environment. • A project that is statutorily exempt is entitled to a blanket exemption from all of CEQA’s procedures and policies. PRC § 21080; Guidelines § 15260-15285

36. Categorical Exemptions • A Categorical Exemption is an exemption from CEQA for a class of projects that the Secretary for Resources determines generally will not have a significant effect on the environment • There are 33 Categorical Exemptions • Guidelines § 15300-15333 • Notice of Exemption: When a lead agency determines a project is exempt they may file a Notice of Exemption (NOE).

37. Initial Study • An Initial Study is a preliminary analysis to determine whether an EIR, negative declaration, or mitigated negative declaration is required. • Checklist of Potential Environmental Impacts

38. Conclusions of Initial Study Lead agency prepares one of the following : • Negative Declaration (ND) • Mitigated Negative Declaration (MND) • Environmental Impact Report (EIR)

39. Negative Declaration Negative Declaration: A Negative Declaration is a written statement by the lead agency briefly explaining why a project will not have a significant effect on the environment and therefore does not require the preparation of an EIR.

40. Mitigated Negative Declaration Mitigated Negative Declaration: A Mitigated Negative Declaration may be prepared when there are potentially significant effects on the environment, but revisions to the project (mitigation) will avoid or clearly reduce the effects to a less than significant level.

41. Environmental Impact Report Environmental Impact Report: An EIR is a detailed informational document that analyzes a project’s potential significant effects on the environment and identifies mitigation measures and reasonable alternatives to avoid significant effects. Notice Of Preparation: Helps determine the Scope of the EIR.

42. Contents of EIR • Project Description • Environmental Setting • Environmental Impacts • Direct Physical Effects • Reasonably Foreseeable Indirect Effects • Cumulative Effects • Growth Inducing Effects • Mitigation Measures • Alternatives

43. Public Review of the EIR/ND • EIR -NOP: 30 days -EIR: 30 days, when submitted to SCH 45 days (state review) -Response to comments: 10 days to Public Agency • ND or MND • 20 days • 30 days if submitted to SCH (state review)

44. Caltrans and CEQA • A proposed project that may affect highways or other facilities under the jurisdiction of the Department of Transportation if the meeting is requested by the department. • The lead agency shall call the scoping meeting as soon as possible, but not later than 30 days after receiving the request from the Department of Transportation.

45. Adopting a ND/MND • Prior to approving a project, the lead agency shall consider the proposed ND/MND together with any comments received during the public review process and find: • On the basis of the whole record there is no substantial evidence the project will have a significant effect on the environment, and • The ND/MND reflects the independent judgement and analysis of the lead agency

46. Certifying an EIR/ND • Prior to approving a project, the lead agency shall certify that: • The Final EIR/ND has been completed in compliance with CEQA • The Final EIR/ND was reviewed and considered by the decision making body • The Final EIR/ND represents the Lead Agency’s independent judgement and analysis

47. Findings • The lead agency must make one of these findings for each identified significant effect: • Changes or alterations have been required or incorporated which avoid or substantially lessen the significant environmental effect. • Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been, or can and should be, adopted by such agency. • Specific economic, legal, social, technological or other considerations make the proposed mitigation infeasible.

48. Statement of Overriding Considerations • Final EIR identifies significant effects, the lead agency shall state in writing the specific reasons supporting its actions.

49. Mitigation Monitoring • A Mitigation Monitoring and Reporting Program is required whenever the lead agency approves a project which requires mitigation (EIR or MND). • Transportation information generated by the MMRP for a project of areawide importance shall be submitted to the transportation planning agency and Caltrans. • Agencies may adopt standard MMRP policies.

50. Project Approval • Lead Agency must approve or disapprove project after certification/adoption of the CEQA document. • After project approval, Lead Agency shall file a Notice of Determination (NOD) with the county clerk, and in some cases with OPR, within 5 days of project approval.