CEQA’s purpose is to inform governmental decision makers and the public about potential effects or impacts of a proposed project on the environment. But, CEQA has become a tool to slow and stop development projects. In this presentation, attorney Brian J. Bergman describes strategies public entities and other organizations can employ to cost-effectively deal with CEQA compliance.

1. A-B-CEQA
(Cost Effective Compliance Strategies)
Presented by: Brian J. Bergman, Esq.
January 11, 2013
Copyright © 2015 • Bergman Dacey Goldsmith • All Rights Reserved • The information on these slides is for educational purposes and does not constitute legal advice

2. Purpose of CEQA?
• California Environmental Quality Act
–Purpose: CEQA’s purpose is to inform governmental
decision makers and the public about potential
effects or impacts of a proposed project on the
environment.
–Complaints: CEQA has become a tool to slow and
stop development projects.
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Copyright © 2015 • Bergman Dacey Goldsmith • All Rights Reserved • The information on these slides is for educational purposes and does not constitute legal advice

3. Does CEQA apply to my District’s project?
• Exercise of Powers by Public Entity
- Actions Directly Taken by the Public Entity
- Private Party Actions requiring Public Entity
Approval
• Potential Effect on the Physical Environment
• Discretionary Versus Ministerial Action
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Copyright © 2015 • Bergman Dacey Goldsmith • All Rights Reserved • The information on these slides is for educational purposes and does not constitute legal advice

4. Who actually performs the CEQA analysis?
Do you hire a CEQA consultant?
Environmental Impact Reports
Mitigated Negative Declarations
Conduct CEQA on your own?
CEQA exemptions
Negative Declarations
When to utilize a CEQA lawyer?
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Copyright © 2015 • Bergman Dacey Goldsmith • All Rights Reserved • The information on these slides is for educational purposes and does not constitute legal advice

5. CEQA Exemptions:
 Statutory Exemptions
 Categorical Exemptions
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Copyright © 2015 • Bergman Dacey Goldsmith • All Rights Reserved • The information on these slides is for educational purposes and does not constitute legal advice

6. Why CEQA Exemptions Save Public
Entities Time and Money
• No specific documentation required
• No specific hearings required
• No waiting for completion of environmental
documentation before approving project
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Copyright © 2015 • Bergman Dacey Goldsmith • All Rights Reserved • The information on these slides is for educational purposes and does not constitute legal advice

7. Examples of CEQA Exemptions School
Districts Should be Aware of:
• Operation, repair, maintenance, or minor alternations to
existing facilities (14 CCR 15301)
– Examples:
• Under certain circumstances, addition of up to 10,000 square feet to an
existing structure.
• Lease of an existing structure to a new user with no expansion of use.
• New Construction of Small Structures (14 CCR 15303)
– Examples: Swimming pools, garages, fences.
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Copyright © 2015 • Bergman Dacey Goldsmith • All Rights Reserved • The information on these slides is for educational purposes and does not constitute legal advice

8. Examples of CEQA Exemptions School
Districts Should be Aware of: (cont'd.)
• Cal. Public Resource Code 21080.18
• “[CEQA] does not apply to the closing of any public
school (kindergarten or grades 1 through 12) or the
transfer of students from that public school to
another school if the only physical changes
involved are categorically exempt under [CEQA].”
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Copyright © 2015 • Bergman Dacey Goldsmith • All Rights Reserved • The information on these slides is for educational purposes and does not constitute legal advice

9. When is a Project that seems to be
exempt from CEQA, not exempt?
Exceptions to the Categorical Exemptions:
• Project will likely have significant effect on the environment due to
unusual circumstances
• Project will likely have significant effect on the environment due to
unusual circumstances
• Project will likely cause a significant cumulative impact
• Project will impact a scenic highway
• Project will be built on a hazardous waste site
• Project will impact historical resources
 If a Project falls within one or more of the exceptions to the Categorical Exemption then
a Categorical Exemption cannot be used to exempt the Project from CEQA.
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Copyright © 2015 • Bergman Dacey Goldsmith • All Rights Reserved • The information on these slides is for educational purposes and does not constitute legal advice

10. Recent Case Law Effecting the
Use of CEQA Exemptions
The California Supreme Court will soon issue a
decision in the Berkeley Hillside Preservation v.
City of Berkeley case that will impact the ability of
public entities to use CEQA exemptions.
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Copyright © 2015 • Bergman Dacey Goldsmith • All Rights Reserved • The information on these slides is for educational purposes and does not constitute legal advice

11. You’ve Decided your Project is
Exempt…..Now What?
1) Document the exemption determination
• Prepare Staff Report that has facts supporting a finding
that an exemption is applicable.
• Include facts in staff report showing that no exception
to an exemption applies.
• If there will not be a specific hearing date for approval
of the exempt action, the staff report should specify an
exact date that the exempt project was approved
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Copyright © 2015 • Bergman Dacey Goldsmith • All Rights Reserved • The information on these slides is for educational purposes and does not constitute legal advice

12. You’ve Decided your Project is
Exempt…..Now What? (cont’d.)
2) Hold public hearing on approval of Project and use of
CEQA exemption
• Not required, but can protect your exempt project from
challenge
• Exhaustion of Administrative Remedies (Tomlinson v.
County of Alameda)
3) File Notice of Exemption
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Copyright © 2015 • Bergman Dacey Goldsmith • All Rights Reserved • The information on these slides is for educational purposes and does not constitute legal advice

13. Thank You!
Brian J. Bergman, Esq.
Questions?
brian@bdgfirm.com
(310) 470-6110
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