Lindsey Herrema
Envs 151 notes
CEQA Guidelines 15060-15064.5
15060 – preliminary review
- A lead agency has 30 days to review an application for a permit and can require applicant to submit more information on environmental issues.
-An activity is not subject to CEQA if:
-not discretionary
-will not result in physical change in env’t
15060.5 – pre-application consultation
-applicant can ask for consultation with the lead agency prior to filing for an entitlement of use
15061 – review for exemption
- deemed subject to CEQA, but exempt if:
-exempt by statute (15260)
-categorical exemption (15300)
-not a significant effect on the environment
-project will be rejected by a public agency
15062 – notice of exemption
-If exempt from CEQA, file notice after project approval and that notice is posted for the public for 30 days.
15063 – initial study
-Lead agency conducts initial study to determine if an EIR is necessary. All phases of the project must be studied
-purposes of the initial study:
-help lead agency decide if EIR is necessary
-enable modification of project before EIR is prepared
-assist in preparation of EIR if one is necessary
15064 – determining significance of environmental impacts
- If there is evidence of a significant environmental impact, then the agency will provide a draft EIR – lead agency must consider:
-direct physical changes in the environment
- reasonably foreseeable indirect physical changes
-economic or social changes shall not be treated as significant effects on the environment, but can be used to determine physical changes. or if physical change causes adverse social or economic change.
- unsupported controversy does not necessitate an EIR, and no controversy does not exempt and EIR.
15064.5 – Archeological or historical resources
-Historical if:
- eligible for California Register of Historical Resources listing
- if lead agency determines it significant and supported by substantial evidence
- A project changing the historical significance of an historical resource may have a sig. effect on the environment.
- If initial study encounters existence or likely existence of native American human remains, lead agency will work with the appropriate native Americans to be contacted.
Air Quality in Southern California- Paradigm Shift
Arthur Weiner
-Increased health problems with people living near main roads, especially with diesel traffic.
- Problems with fine particles and ultrafine particles which can penetrate cell walls.
- pollutant levels spike at freeway, then fall off downwind within 650 feet to upwind levels.
- new California legislature regulation says no new schools within 500 feet of a freeway.
- areas with high traffic density primarily minority and low income. Also more stationary sources of pollution in low-income neighborhoods.
- High levels of pollutants in vehicles in congested conditions, especially if following a diesel vehicle. Up to 10X higher concentration of ultrafine particles.
- exposure of children in diesel school busses.
- “super emitting” passenger vehicles about 10% of fleet, but 90% of particulate emissions from passenger cars.
- need to tighten smog laws and procedures.
- “black box” of undefined control measures- basically, have run out of options to reduce pollution levels to federal air quality standards.
-In meantime, pursue:
-congestion pricing, car and van pooling, intelligent transportation systems like lightrail, smart growth and land use strategies.