What Is CEQA?

CEQA, or the California Environmental Quality Act, is a state statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. Click here for the complete text of CEQA.

What Are the Goals of CEQA?

To identify the significant environmental effects of the agency's actions; and, either

(a) To avoid those significant environmental effects, where feasible; or

(b) To mitigate those significant environmental effects, where feasible.

To What Does CEQA Apply?

CEQA applies to "projects" proposed to be undertaken or requiring approval by state and local government agencies. Although fitting into this loose definition, some things are not projects. Most proposals for physical development in California are subject to the provisions of CEQA, as are many governmental decisions, which do not immediately result in physical development (such as adoption of a general or community plan). A project is an activity undertaken by a public agency or a private activity, which must receive some discretionary approval (meaning that the agency has the authority to deny the requested permit or approval) from a government agency, which may cause either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment.

What Authority Does an Agency Have to Disapprove a Project?

Authority to approve or disapprove a project is based on the underlying state statutes, enabling regulations or local law, which address the issuance of the permit for the project. A city may disapprove a project, if necessary, in order to avoid significant environmental effects, but CEQA does not provide independent authority to do so. Rather, CEQA is an informational tool, which the decision-maker may use within its existing authority. The courts will, however, require each agency to follow CEQA rules and procedures.

What Are the Most Basic Steps of the Environmental Review Process?

1. Determine if the activity is a "project" subject to CEQA;
2. Determine if the "project" is exempt from CEQA (Categorical Exemption or General Exemption);
3. Perform an Initial Study to identify the environmental impacts of the project and determine whether the identified impacts are "significant".

Based on its findings of "significance", the city prepares one of the following environmental review documents:

1. Negative Declaration if it finds no "significant" impacts;
2. Mitigated Negative Declaration if it finds "significant" impacts but revises the project to avoid or mitigate those significant impacts;
3. Environmental Impact Report (EIR) if it finds "significant" impacts.

While there is no ironclad definition of "significance," the State CEQA Guidelines provide criteria to cities in determining whether a project may have significant effects. The Guidelines, adopted and amended periodically by the State Secretary of Resources, explain and interpret the CEQA law.

What Is the Purpose of an EIR and What Are its Elements?

The purpose of an EIR is to provide state and local agencies and the general public with detailed information on the potentially significant environmental effects, which a proposed project is likely to have and to list ways in which the significant environmental effects may be minimized as well as indicate alternatives to the project.

The basic elements of an EIR include: a description of the project; identification and analysis of any potentially adverse impacts, including cumulative impacts; identification of any feasible mitigation measures; the results after mitigation measures (i.e., whether there are no adverse impacts or remaining adverse impacts); analysis of alternatives; and a statement of overriding considerations.

Does CEQA Require Any Public Notice That an EIR Is Available for Comment?

Yes, the City must provide public notice of the availability of a draft EIR at the same time as it sends a Notice of Completion to the state. The City must also give notice to all organizations and individuals who have previously requested it. The City must file a notice for posting with the L.A. County Clerk and must also give notice by either publication, posting, or direct mailing.

What Kind of Findings Is the Agency Required to Make for an EIR?

In adopting an EIR, the city must certify:

• that the FEIR has been completed in compliance with CEQA
• that the FEIR was presented to the decision maker and that the decision maker reviewed and considered the information prior to approving the project
• that the FEIR reflects the independent judgment of the city.

The city must also:

• Make findings regarding each of the impacts of the project (including cumulative impacts) and the mitigation measures for those impacts.
• Adopt all mitigation measures as conditions of approval of the project.
• Make findings regarding the feasibility of the alternatives.
  
• Adopt a statement of overriding considerations for any remaining significant impacts after mitigation.
  
• Adopt a mitigation reporting or monitoring plan for all mitigation conditions.
• Make a State Fish and Game finding.

The city must also find that:

• Changes have been incorporated in the project to avoid or substantially lessen the identified significant environmental effect.
• The changes are within the jurisdiction of another agency and the changes have been or should be adopted by that other agency.
• Specific considerations that make infeasible the alternatives identified in the final EIR.

What Standard Must a City Use in Making its Findings?

The city must be able to support its finding by substantial evidence in the record and must present an explanation of the rationale of each finding. Findings may not be limited to conclusory statements. They should supply a logical step between the ultimate finding and the facts in the record. Substantial evidence includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.

When alternatives and/or mitigation measures are rejected as infeasible, findings must show the agency's reasons for reaching that conclusion. With regard to the analysis of the alternatives, substantial evidence must be specific and concrete to show that additional costs or lost profitability are sufficiently severe as to render proceeding with the project impractical under any of the alternatives.
Does a City Have Authority to Approve a Project Despite Existing Significant Environmental Effects

A city may approve a project with significant environmental effects based on a fully informed and publicly disclosed decision that:

• There is no feasible way to lessen or avoid the significant effects according to the city's findings.
• The specifically identified economic, legal, social, technological, or other benefits of the proposed project outweigh its unavoidable environmental impacts as described in the statement of overriding considerations.

Who Enforces CEQA?

CEQA is a self-executing statute. Its provisions are enforced by the public through litigation and threatening litigation.

How Long Is the Public Review Period for a Draft EIR?

The public review period for a Draft EIR must be no less than 30 days following the issuance of a public notice that the Draft EIR is available for review, or no less than 45 days when the Draft EIR is submitted to the State Clearinghouse. The review period shall not be longer than 60 days except in "unusual situations". Both the City of Glendale and the City of Los Angeles have, in the past, allowed for public review periods of up to 90 days.

What Needs To Be Included in a Final EIR (FEIR)?

The FEIR should consist of:

1. The draft EIR or a revision of the draft.
2. Comments and recommendations received on the draft EIR, either verbatim or in summary.
3. A list of persons, organizations, and public agencies commenting on the draft EIR.
4. The responses of the city to significant environmental points raised in the review and consultation process.
5. Any other information added by the city.

What Is Our Role in This Process?

Our role is to read and analyze the EIR and make as many cogent comments as we can. Also, we must insist that the city respond to those comments in a meaningful way.