Exploring CEQA and the Air Quality Benefits of Good Land Use
1. GREENBELT ALLIANCE
Adam Garcia Exploring the
Policy Researcher
California Environmental
Quality Act (CEQA) and
BAY AREA AIR QUALITY MANAGEMENT DISTRICT
Ian Peterson
Realizing the
Environmental Planner II
Air Quality Benefits
of Good Land Use
Feb. 23, 2013
Let’s Get Moving Silicon Valley
2. Exploring CEQA
GREENBELT
ALLIANCE
◽ Brief Overview
◽ Project Review and Timeline under CEQA
◽ Types of Environmental Impacts
◽ Ways of Measuring the Impacts
◽ Mitigating the Worst Impacts
◽ How to Comment During Public Review
3. HOW CAN
WE THRIVE
AND
AVOID IMPACTING
OUR ENVIRONMENT?
photo: the_tahoe_guy
4. Exploring CEQA
GREENBELT
ALLIANCE
◽ Passed by Governor Reagan in 1970 after the
National Environmental Policy Act (NEPA)
◽ Ensures environmental impacts are considered
during the decision-making process for public
or private projects
◽ No CEQA police, enforced by citizen influence
or agency lawsuits
5. Exploring CEQA
GREENBELT
ALLIANCE
◽ Purpose
◽ Disclose environmental impacts
◽ Identify ways to avoid damage
◽ Prevent significant unavoidable damage
◽ Provide reasons for a project’s approval despite significant
environmental impacts
◽ Encourage interagency cooperation
◽ Enhance public participation in the planning process
6. Exploring CEQA
GREENBELT
ALLIANCE
◽ When does it apply?
◽ An Agency holds discretion over a potential “project” that
could result in direct or indirect physical changes in the
environment
◽ What is a “project”?
◽ Builds something, funds an activity, issues
a permit for an activity
◽ Which Agency?
◽ Lead Agency, Responsible Agency, Trustee Agency
7. CEQA Flow Process for a Project
GREENBELT
ALLIANCE
Source: California Resources Agency
8. So which agency Do we have to worry
is leading this about any impacts
project anyway? from the project?
Can we design the project or will there be a significant
to avoid causing an impact effect if the project goes
on the environment, forward as planned?
Let’s include any other agencies that
have jurisdiction over the project area.
Following an initial study of the project, we’re
giving notice of our preparation of the project’s…
Negative Declaration
Mitigated Negative Declaration
Environmental Impact Report (EIR)
9. Hire a consultant to draft an EIR.
Notify the public there will be a
draft EIR released on a certain
date for a given amount of time. PUBLIC
REVIEW
Incorporate public comments PERIOD
on project into a final EIR
including our agency response
to each question asked.
Consider mitigations to significant
impacts produced from the project.
Make a final decision
on the project.
10. Public Comment with CEQA
GREENBELT
ALLIANCE
◽ Awareness of planning activity or projects in your area
◽ Write a form letter to the lead agency to receive future notices on a
project
◽ Review the environmental determination of a project
◽ Familiarize yourself with the key findings of the document
◽ Strategize how you can use your resources to send your informed
analysis on the project
◽ Write a comment letter to the lead agency regarding your concerns
on the impacts of the project and potential mitigations
21. Environmental Impact Categories
GREENBELT
ALLIANCE
◽ Aesthetics ◽ In what way are you an
◽ Air Quality every day expert?
◽ Hydrology/Water Quality ◽ Whose expertise could you
◽ Land Use/Planning rely upon for support?
◽ Noise
◽ Population/Housing
◽ Public Services
◽ Recreation
◽ Transportation/Traffic
◽ Utilities/Service Systems
22. Measuring the Impact
Global Warming Impacts
source: Envision San José 2040 General Plan
23. Measuring the Impact
Environmental Setting,
photo:
City of San Jose
or Baseline Conditions
24. Measuring the Impact
Envision San José
Journey To Work 2040 General Plan
General Plan
Existing Implementation 2040 Goal
Transit 4.1% 10% 20%
Bicycle 1.2% 2% 15%
Walk 1.8% 2% 15%
Compare Anticipated Impacts to Baseline Conditions
photo & source:
City of San Jose
25. Measuring the Impact
Significant Effect
on the Environment
Thresholds of Significance
27. Measuring the Impact
Significant Irreversible Environmental Changes
Orchard planned for 244 residential estates
photo: Adam Garcia
28. Measuring the Impact
Central Zone
The Commerce and Entertainment Zone
Affordable Housing?
Growth-Inducing Impacts
source: DRAFT Diridon Station Area Plan
29. Measuring the Impact
Upper Penitencia Creek
Improvement Project
Initial Study / Mitigated Negative Declaration
Cumulative Impacts
source: VTA – BART Silicon Valley
30. Measuring the Impact
Summary of Less than Significant Impacts
with Mitigation Incorporated
Environmental Checklist and Impact Mitigation Measure Summary
Category
Air Quality
This is why the project won’t exceed the Mitigation Measure #1
thresholds of significance for air quality • Best practice for good air quality
Mandatory Findings of Significance
33. Measuring the Impact
GREENBELT
ALLIANCE
◽ Global Warming Impacts ◽ Cumulative Impacts
◽ Environmental Setting, or ◽ Mandatory Findings of
Baseline Conditions Significance
◽ Compare Anticipated Impacts to Baseline◽ Mitigation Measures
Conditions ◽ Alternatives Analysis
◽ Significant Effect on the Environment
◽ Direct vs. Reasonable Foreseeable Indirect
Effects
◽ Significant Irreversible Changes
◽ Growth-Inducing Impact painting: Norman Rockwell
34. How to Comment Effectively
GREENBELT
ALLIANCE
◽ Decide on your concerns/goals and read relevant sections first;
think through your questions as you read the project’s documents
◽ Emphasize your local expertise but base your comments on data,
not emotion
◽ Be specific, succinct and professional
◽ Use standard intro, body and conclusion format
◽ Cite sections of the project’s documents directly, focus on facts and
quote relevant professionals and reports
◽ Make sure your take home message is clear
35. Reviewing and Commenting on an
Environmental Impact Report
Comment Letter Due Date
5/10/13
Comment Letter Timeline
30-day 45-day 60-day
3/16/13 3/1/13 2/14/13 Familiarize yourself with the proposed Project or Plan and develop your own goals in the context of the
project's goals
3/18/13 3/3/13 2/21/13 Consider additional secondary goals
3/21/13 3/6/13 2/27/13 Review and familiarize yourself with mitigation measures that are appropriate to addressing your goals
3/26/13 3/16/13 3/1/13 Conduct a thorough review the relevant Elements/Sections of the proposed Project
4/5/13 3/21/13 3/6/13 Determine what allies should be contacted to support particular sections, or specialties
4/10/13 3/26/13 3/11/13 Begin to review the Plan's EIR
4/15/13 4/5/13 4/15/13 Following your review, compile resources to begin drafting EIR comments based on your analysis
4/20/13 4/15/13 4/20/13 Make bullet points of the main findings from your review
4/25/13 4/25/13 4/25/13 Draft a letter with your main findings from the Plan's EIR analysis
4/28/13 4/28/13 4/28/13 Send draft letter to colleagues for review
5/2/13 5/2/13 5/2/13 Edit and update EIR comment letter
5/6/13 5/6/13 5/6/13 Submit EIR comment letter
5/10/13 5/10/13 5/10/13 Comment Letters Due
36. How to Comment Effectively
GREENBELT
ALLIANCE
◽ California Attorney General’s Office – CEQA
◽ http://oag.ca.gov/environment/ceqa
◽ Planning and Conservation League – CEQA
◽ http://www.pclfoundation.org/publications/ceqaresources.html
◽ Receive CEQA Notices for a Particular Project
◽ Write a request letter to the lead agency
◽ Greenbelt Alliance
◽ Sign up to receive email newsletter about San Jose
◽ Bay Area Air Quality Management District
◽ Suite of Online Tools
37.
Let’s
Get
Moving
Silicon
Valley
2013
Summit
CEQA
&
Air
Quality
Benefits
of
Land
Use
Ian Peterson
Environmental Planner II
38. BAAQMD Background
Ø Regional Air Pollution Control Agency
• Jurisdiction over air quality in 9 Bay Area counties
• Protect and Improve Public Health, Air Quality,
and the Global Climate
• Bay Area population of over 7 million
Ø Responsibilities
• Stationary source regulations & permits
• Plans for attaining/maintaining air quality
standards
• Incentive programs to reduce emissions from
motor vehicles
• Coordinate with regional agencies, cities and
counties, transit agencies on transportation and
land use programs to reduce motor vehicle
emissions
39. Transportation, Land Use
& Air Quality
Connections
• Major sources of air pollutants
• Limited authority over mobile emissions
• 150 million daily vehicle miles traveled
• Land use decisions are critical
39
41. How Do We Achieve
Healthy TOD?
Reducing GHG emissions, achieving air quality standards, and minimizing localized
exposure to air pollutants are central to the District’s goals and efforts. To that end,
the District encourages local governments to integrate public health into the
planning process.
Together, we can:
Ø Recognize how we build influences travel choices
Ø Support community-wide, comprehensive planning
Ø Integrate risk reduction strategies
Ø Further develop tools and new techniques
Ø Continue collaborating
41
42. Clean Air Communities Initiative
REGULATIONS
MONITORING
•
NSR
/
Permits
•
Ambient
Monitoring
Network
REGULATIONS, •
2588
Hot
Spots
Program
•
Community
Monitoring
PLANS, •
Source
Specific
Rules
•
Local
Measurement
Studies
& GUIDELINES •
Wood
Smoke
Rule
•
Collaborate
with
UniversiDes
•
Back-‐up
Generators
and
Community
Research
Monitoring
EXPOSURE •
Indirect
Source
Rule
Programs
ENFORCEMENT
& HEALTH
•
Photochemical
Monitoring
PLANNING
&
GUIDELINES
ASSESSMENT
•
General
AviaDon
Airport
Sampling
•
Near
Roadway
Monitoring
COMMUNITIES •
CEQA
Guidelines
•
Community
Risk
ReducDon
Plans
•
2010
Clean
Air
Plan
MODELING
&
ASSESSMENT
•
PM
Strategy
•
Regional
and
Local
Modeling
GRANTS
OUTREACH •
General
Plan
Guidelines
•
Regional
and
Local
Exposure
and
& •
SB375/SCS
&
Health
Impacts
Assessment
INCENTIVES •
Climate
ProtecDon
Program/
•
Permit
Modeling
and
Risk
EDUCATION
GHG
Co-‐Benefits
Assessment
•
Healthy
Community
Development
Guidelines
OUTREACH/EDUCATION
•
Public
Engagement
Policy
and
Plan
•
Collaborate
with
Local
Governments
•
Collaborate
with
Health
Departments
GRANTS/INCENTIVES
ENFORCEMENT
•
Collaborate
with
TransportaDon
Agencies
•
Carl
Moyer
Program
•
Diesel
Enforcement
Program
•
Community
MeeDngs
•
TFCA
•
InspecDon/Enforcement
of
District
RegulaDons
•
Resource
Teams
•
Mobile
Source
IncenDve
Fund
•
Enforcement
of
CARB
RegulaDons
•
Collaborate
with
Community
Groups
•
I-‐Bond/Goods
Movement
•
Respond
to
Complaints
•
Wood
Smoke
Outreach
•
Bay
Area
Clean
Air
FoundaDon
•
InspecDon
of
Grantees
42
43. Supporting Smart, Healthy Infill:
Air District Efforts
• CEQA
Guidelines
&
Support
Tools
Ø Recommended
methodologies,
analyDcal
models,
and
procedures
Ø Screening
tools
esDmate
risk
levels
for
permi[ed
sources,
highways
and
major
roadways
Ø Providing
project
assessment/technical
assistance
to
local
government
staff
and
the
public
• Community
Risk
ReducNon
Plans
(CRRPs)
Ø Community-‐wide
approach
to
addressing
public
health
and
exposure
Ø IniDated
CRRP
pilot
effort
with
ciDes
of
San
Francisco
and
San
Jose
Ø Working
with
city
staff
on
risk
reducDon
measures
43
44. Community Air Risk Evaluation:
Impacted Communities
Ø CARE program identifies 6 priority
communities in Bay Area
• Exposure of youth and seniors to toxics
• High emissions of toxics
• Vulnerable populations – low income
• Roadways as primary boundaries
Ø Focus comprehensive emission reduction
strategies through Clean Air Communities
Initiative
Ø Seek to reduce impacts from land use,
transportation decisions
Ø Promote infill, while protecting residents
44
47. Project Example
Diridon
StaDon
• 250
acres
• Mixed
Use
• 4.9
million
sqc
development
• 424k
sqc
retail/dining
• 32k
seat
baseball
stadium
• 900
room
hotel
• 2,588
new
dwelling
units
*Infill
and
densiDes
works
best
when
combined
with
synergisDc
elements
such
as
locaNon,
transit
service,
connected
streets,
and
strong
diversity
of
land
uses.
47
48. Diridon Station Area Plan
GREENBELT
Spaces and Places ALLIANCE
N
source: DRAFT Diridon Station Area Plan
