1. ESP 179- Winter 2012
EIRs
January 17, 2012
Instructor: Trevor Macenski

2. Overview: CEQA EIR Process
Prepare Initial Study Public Meeting on Draft EIR
(optional)
Prepare/Distribute Prepare Final EIR Including
Notice of Preparation (30 days) Response to Comments
Review of Responses by
Scoping Meeting
Commenting Agencies
Prepare Draft EIR Public Hearings/Decision
Public and Agency Review
of Draft EIR (45 days) File Notice of Determination
= Opportunities for Public/Agency Input

3. EIR Process Highlights
 Notice of Preparation (NOP) review for 30 days
 Scoping meeting is required for qualifying projects
 Public scoping meeting is not required, but is
commonplace
 Notice of Completion (NOC) and Notice of
Availability (NOA) to start minimum 45-day Draft
EIR public review
 Public hearing on Draft EIR is discretionary

4. EIR Process Highlights
 Proposed responses to comments sent to
responding public agencies at least 10 days before
certification
 Public hearing is not required by CEQA, but often
held for other project review reasons
 EIR certification, project approval, CEQA findings,
MMRP, statement of overriding considerations (if
needed)
 File Notice of Determination (NOD)

5. Environmental Impact Reports
 Project EIR
 Subsequent EIR
 Supplement to an EIR
 Master EIR and Focused EIR
 Program EIR
 Others (Staged, Redevelopment, Base
Reuse, General Plan)
 Addendum to an EIR

6. Notice of Preparation (NOP)
Include: Description, location, and
a discussion of the probable
environmental effects.
 EIR can be initiated while
waiting for comments from
responsible agencies.
 Responsible agencies and
public have 30 days to review and
comment on an NOP.
 Their concerns need to be
addressed in the EIR.
 EIR cannot be released for
public review until 30 days after
distribution of the NOP.

7. NOP Procedures
 Send to State Clearinghouse, Responsible
Agencies, Trustee Agencies and involved
Federal Agencies
 Send to jurisdictions, individuals and
groups with an interest in the project
 Use certified mail or other method to
confirm delivery
 30 days run from date of receipt
(not postage date)

8. Scoping Meeting
 Required for statewide, regional and area
wide projects as defined in CCR §15206
 Not a public scoping meeting (no public
notice requirements unless person
requests notice, but good to invite
interested public)
 Notice to Responsible, Trustee Agencies
and persons requesting notice (PRC
§21083.9; CCR §15082 )

9. Contents of an EIR
 Table of contents
 Format may vary
 Summary
 Project description  Each element must be
 Environmental setting covered
 Consideration and discussion of
impacts
 State where each is
 Significance Thresholds
 Significant effects
discussed
 Mitigation measures
 Alternatives
 Cumulative impacts
 Significant irreversible changes
 Growth inducing impacts
 Effects found not to be significant
 Organizations and persons
consulted

10. Contents of an EIR (cont.)
 Table of contents
 Summary
 brief summary of proposed action
 each significant effect and mitigation
 alternatives comparison
 areas of controversy
 issues to be resolved

11. Contents of an EIR (cont.)
 Project Description
 regional map with location
 precise location/boundaries on a map
 statement of objectives
 project characteristics
 intended uses of the EIR
agencies using EIR
list of permits and approvals
list of environmental review/consultation needs

12. Contents of an EIR (cont.)
 Environmental Setting
 Description of physical environmental conditions
at the time of the NOP, or when environmental
analysis is commenced, if no NOP
 Baseline for environmental analysis, which is
normally the setting at time of NOP
 Regional setting and rare or unique resources

13. Contents of an EIR (cont.)
 Significant environmental effects
 thresholds of significance
 direct and indirect, short- and long-term, all phases
 effect of bringing people/development to an area
 Significant effects that cannot be avoided
 Irreversible environmental changes
 Growth-inducing impacts
 foster economic or population growth
 remove obstacles to population growth

14. Contents of an EIR (cont.)
 Alternatives offer environmental advantage
 Avoid or lessen at least one significant impact
 Feasible alternatives
 “capable of being accomplished in a successful
manner within a reasonable period of time,
taking into account economic, environmental,
social, and technological factors.”
 A range of reasonable alternatives
 Environmentally superior alternative
 Can identify alternatives found to be infeasible

15. Contents of an EIR (cont.)
 Effects found not to be significant
 Organizations and persons consulted
 List of preparers
 In Final EIR:
 comments on draft EIR,
 list of commenters,
 responses to environmental points raised
 revisions to EIR text (embedded in responses, in
an errata chapter, or track changes in full text
discretionary)

16. Typical EIR Impact Analysis
Issues
 Air quality  Cultural Resources
 Biology  Traffic
 Hydrology/Water quality  Recreation
 Climate Change/GHG  Agriculture
 Seismic safety
 Energy
 Noise
 Geology/Soils  Aesthetics
 Community Character  Hazardous materials
 Land Use & Planning
 Public Services

17. Project Alternatives
 Shall focus on alternatives to the project
or its locations which are capable of
avoiding or substantially lessening any
significant effects of the proposed project,
even if these alternatives would impede to
some degree the attainment of the project
objectives

18. How Many Alternatives?
 Rule of Reason
 Mandatory - No Project Alternative
 Typical Alternatives:
 Reduced size/intensity
 Revised design to mitigate impacts
 Alternative locations

19. Notice of Availability
 Public Notice of Availability (NOA)
 Mailed to those previously requesting notice
and,
 General circulation newspaper or,
 Posting in the project area or,
 Direct mailing to owners/occupants of
contiguous parcels

20. Final EIR
 Text revisions to Draft EIR
 Responses to comments
 Must be good-faith, reasoned analysis
 Must respond to significant environmental points
 Discuss any alternatives suggested during public review
 No separate review period for Final EIR
 Written response to commenting public agencies
 At least 10 days prior to certification
 Explain rationale behind responses (use
substantial evidence, refer to Draft EIR coverage)

21. Court Case:
The People vs. County of Kern
…where comments from responsible experts
or sister agencies disclose new or
conflicting data or opinions that cause
concern that the agency may not have
fully evaluated the project and its
alternatives, these comments may not
simply be ignored. There must be good
faith, reasoned analysis in response.

22. Notice of Completion (NOC)
 Brief description of
project
 Location
 Address where
environmental
document is available
 Period during which
comments will be
received
 Notice of hearings
(if one is scheduled)

23. Decision Process
 Consider and Certify EIR
 Approve Project
 Make Findings
 Adopt Mitigation, Monitoring Program
 Adopt Statement of Overriding Considerations
(if necessary)

24. Findings for a Decision
 Findings needed for approval of Project
 Only 3 possible findings:
 (a)(1) Changes or alterations have been required that
avoid or substantially lessen significant effects
 (a)(2) Such changes or alterations are within the
responsibility and jurisdiction of another public agency,
and such changes have been adopted or can and should
be adopted by that agency
 (a)(3) Specific economic, legal, social, technological, or
other considerations make mitigation/alternatives
infeasible
(CCR § 15091)

25. Hints for Findings
 Finding must be made for each significant effect
 Suggested format
 Impact:
 Finding:
 Facts:
 Facts explain rationale behind the finding
 MMRP need not be in EIR, but adopted with project
approval
 Mitigation measures become conditions of approval

26. Statement of Overriding
Considerations
 Statement needed for approval of project with
remaining significant effects
 Reasons to approve a project where significant impacts
are not avoided or substantially lessened
 Supported by substantial evidence in the record
 Reasons can be economic, legal, social, technological or
other, including region-wide or statewide environmental
benefits (2010 revisions)
(CCR § 15093)

27. Notice of Determination (NOD)
 Within 5 working days after project approval
 Posted with the county clerk for at least 30
days
 Filed with State Clearinghouse for at least
30 days
 DFG Fee required at time of filing
 Starts 30 day Statute of Limitations (180
days if not filed and posted)
 Required for ND/MND and EIR
(CCR §15094)

28. Notice of Determination (NOD)
 Project description
 Location
 Date of approval
 Determination whether will have a
significant effect on the
environment
 That ND/MND or EIR was
prepared/certified
pursuant to CEQA
 Whether mitigation measures are
a condition and whether
Statement of Overriding
Considerations was adopted
 Address of where ND/MND or EIR
and certification can be examined

29. Fish and Game Filing Fees
FGC § 711.4
 To file a NOD w/ County Clerk or State
Clearinghouse
 EIR and ND/MND: (adjusted annually) County
clerk fee $50 (no fee for Clearinghouse)
 “No effect on fish and wildlife” avoids the fee,
but narrowly defined
 Contact regional DFG office
 New regulations clarifying the process are
expected
 Project is not vested or final until fee is paid

30. Questions?
Thank You