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25 Cards in this Set
- Front
- Back
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7 mandated elements of general plan |
Land use, circulation, housing, conservation, open space, noise , safety |
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Def of project |
The whole of an action taken by a public (or private) agency that has potential, directly or ultimately, to result in sig. Impacts on the env.
Different from nepa in that CEQA must consider all parts, components, facets that are reasonably foreseeable, but not speculative |
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4 purposes of nepa |
Encourage human harmony between man and env, promote mitigation and restoration efforts, enrich understanding of ecological systems and Nat. Resources, establish Council on env. Quality. |
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6 purposes of ceqa |
Avoid/reduce environmental damage by using alternatives and mitigation, identify potential sig. Effects and how to mitigate/use alternatives, foster interagency comms on decision making, enhance public participation in decisionmaking, disclose to Public why project was approved, disclose to public and decision makers what the potential impacts of a project are. |
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What does CEQA authorize agencies to do? |
Req changes in project to lessen or avoid sig. Impacts, approve if overall benefits outweigh impacts, impose fees to applicant to pay for CEQA |
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What does the office of planning and research do? |
Operates state clearing house, reviews and recommends revisions of CEQA guidelines |
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What does the CA Nat. Resources agency do? |
Formal rule making and guideline adoption, review and approve "functional equivalent regulatory programs" |
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Responsible agency definition |
Agency with discretionary power over the proposed project |
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Trustee agency definition |
Have jurisdiction over certain resources held in trust for the people of CA - required to be notified even if no permit reqd. |
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List of trustee agencies |
cdfw, uc system, state parks, state lands commission |
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What can the courts do? |
Courts rule on the adequacy of an environmental document, and determine if the process was implemented correctly |
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Categorical exemption Def. |
Broad categories of exemptions that typically have minimal adverse environmental effects |
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Exception to categorical exemption requirements |
Unusual circumstances, and reasonable estimate of significant environmental impact |
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Notice of exemption details |
Generally 30-day statute of limitations for public comment if filed or posted by the SCH |
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3 phases of CEQA process |
Prelim. Study Initial study Nd/mnd/eir |
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What occurs in prelim review? |
Looking for exemptions, is it a project? Is there a possibility of environmental impact? Can we tier off anything? |
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What does an IS do? |
Helps decide whether to prepare an eir, can avoid unnecessary EIR thru mitigation, IS can be refined and added to to justify ND or MND's. |
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3 aspects of env. Baseline |
Spatial, temporal, functional |
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General categories of impacts |
Direct, indirect, growth inducing, cumulative |
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Fair argument standard |
EIR needed if it can be fairly argued and based on substantial evidence, in light of the whole record, that the project may have significant effects |
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Substantial evidence can sometimes be |
Relevant personal observations by residents on non-technical subjects |
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Name for the notice that a project is approved despite Sig. Impacts |
Statement of overriding considerations |
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Pros of mnd |
Time and cost savings, enforceable mitigation measures (mmrp) , certainty of less than significant impacts |
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Cons of mnd |
High risk of EIR due to Fair argument standard, no public scoping requirements, relies on appeals and litigation to dispute, gray area impacts |
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Case law for categorical exemption 2 part test |
Berkeley hillside preservation vs. City of Berkeley |
