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ADVICE FROM YOUR PARTNERS IN LEGAL

ADVICE FROM YOUR PARTNERS IN LEGAL. DAVID H. McCRAY Assistant Chief Counsel. Presentation for Planning Horizons Program March 4, 2009. Starting Line Up. The Attorneys & How we can help Intergovernmental Review (IGR) Authority—impacts mitigation

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ADVICE FROM YOUR PARTNERS IN LEGAL

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  1. ADVICE FROM YOUR PARTNERS IN LEGAL DAVID H. McCRAY Assistant Chief Counsel Presentation for Planning Horizons Program March 4, 2009

  2. Starting Line Up • The Attorneys & How we can help • Intergovernmental Review (IGR) Authority—impacts mitigation • Importance of comments to Planning Commission & Council/Supervisors • Direct vs Cumulative (fair share contributions) • Recent cases: City of Marina, City of Elk Grove You can observe a lot just by watching. Yogi Berra

  3. Attorneys for IGR • The Department has four legal offices but all IGR issues are handled by HQ Legal • We have years of experience in CEQA and NEPA • We want to be involved “early and often” • We will attend meetings with project proponent/city/county etc. • We’ll participate in training sessions • Contact me for an attorney assignment Pair up in threes. Yogi Berra

  4. Impact Mitigation Authority • California Environmental Quality Act • Must mitigate for significant impact—traffic • CA Streets & Highways Code- sec 670 et ceq, 671 and 672 • Encroachment permits and conditions • Local Development-Intergovernmental Review (LD-IGR) “At Caltrans, we are proud to be a partner with local jurisdictions and work with them throughout their land use planning and decision-making processes, consistent with the requirements of the California Environmental Quality Act (CEQA), Streets and Highways Code, and planning law, in order to avoid, eliminate or reduce to insignificance, potential impacts of development to the State Highway System.” If you don’t know where you’re going, chances are you will end up somewhere else. Yogi Berra

  5. CEQA

  6. Importance of Commenting on the Environmental Document • Must comment to preserve legal action • CEQA requirement—but can comment on anything in your Petition • Comment at Planning commission • Comment at City council meeting • We will help the Districts with your comments The future ain’t what it used to be. Yogi Berra

  7. Goal • Department’s responsibility is the safe operation of the State Highway System • Department must review requests for access to the SHS or modification of existing access and require any necessary mitigation

  8. Comments • Why are comments important? • Puts our concerns into the public record and the lead agency on notice • We are rarely the only petitioners in a lawsuit After striking out on three bad pitches: "How can a pitcher that wild stay in the league?"Yogi Berra

  9. Direct vs Cumulative Impacts • We seem to have this discussion often with project proponents • Direct Impacts (CEQA Guidelines 15126 et seq.)—impact on the environment from the proposed project

  10. Cumulative Impacts • Cumulative impacts (CEQA Guidelines 15355 and 15130) • “two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts…may be from a single project or a number of separate projects.”

  11. Fair Share Mitigation • Fair Share mitigation • Traffic Study!!! • Needs to have Nexus • Can be Phased • Important to negotiate or State gets left “holding the financial bag” • Legal will assist you—other party usually has attorney present Cut the pizza into four slices, I’m not hungry enough to eat eight” Yogi Berra

  12. Litigation • Should you anticipate the need for litigation, please contact us so we can work with you. • CEQA requires that challenges must be filed within 30 days of the filing of the Notice of Decision • We are the attorneys that will be taking the case to trial.

  13. Early & Often • Attorneys will work with you on your comments and any questions you have regarding the document • Attorney relies on your expertise—Partnership • Goal is to communicate with lead agency • Want to avoid litigation

  14. Recent Cases • City of Marina vs. California State Univ • University stated it could not mitigate off-campus • Great holding regarding mitigation for impacts • City of Elk Grove • City did not study impacts to SHS • Settled with an impact fee agreement

  15. We are here to work with you • Please do not hesitate to contact us • Martin Keck, Brandon Walker and Judith Carlson are working IGR/Planning issues. • Questions?? Even God’s favorite sport is baseball - In the ” Big Inning ” He made the heavens and earth. “unkown”

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