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Land Use Permitting Process - CORRECT ANSWER -applicant > permitting
agency > lead CEQA agency > CEQA process > state clearinghouse > lead agency decision maker > public/NGOs > Decision > denied or approved > courts > Approval
Similarities of NEPA and CEQA - CORRECT ANSWER --scoping, draft, agency
review, final document, review, agency decision, final comments
Differences of NEPA and CEQA - CORRECT ANSWER --Initial Study instead of
environmental assessment -ND/MND vs FONSI -notice of preparation vs notice of intent -EIR vs EIS -State clearinghouse vs Federal Registrar -findings/SOC/ MMP vs record of decision
CEQA objectives - CORRECT ANSWER --disclose environmental impacts
- avoid/ reduce environmental damage
- disclose agency decision making
- enhance public participation
- foster intergovernmental coordination
public vs private projects - CORRECT ANSWER -private projects require a
government permit or entitlement
discretionary vs ministerial projects - CORRECT ANSWER -- any activity that is
open to subjective interpretation
- a "cut and dry" requirement
define project - CORRECT ANSWER --any discretionary activity which is
proposed and implemented by a public agency
- any private development approved by a public agency
CEQA participants - CORRECT ANSWER -project applicants, agency with legal
jurisdiction, environmental consultants, public, courts, trustee agencies, responsible agencies
phases of CEQA process - CORRECT ANSWER -preliminary review, initial
study, and an ND or EIR
steps within each phase of CEQA - CORRECT ANSWER -TASK 1 - KICKOFF
MEETING AND DATA COLLECTION.
TASK 2 - DRAFT PROJECT DESCRIPTION
TASK 3 - SCOPING/AGENCY CONSULTATION
TASK 4 - ADMINISTRATIVE DRAFT EIR
TASK 5 - PUBLIC REVIEW DRAFT EIR
TASK 6 - RESPONSE TO COMMENTS/ADMINISTRATIVE FINAL EIR
TASK 7 - FINAL EIR
TASK 8 - HEARINGS
TASK 9 - DECISION DOCUMENTATION
CEQA exemptions - CORRECT ANSWER -statutory and categorical
statutory exemption - CORRECT ANSWER -ministerial projects or emergency
projects
categorical exemption - CORRECT ANSWER -broad categories of exemptions
that have minimal adverse environmental effects
Appendix G categories - CORRECT ANSWER -aesthetics, AG and forestry, air
quality, bio resources, cultural, geology/soils, hazards, hydrology, land use, mineral, noise, population, public services, recreation, transportation, utilities
when is an ND/MND appropriate - CORRECT ANSWER -when there are no
significant environmental effects or these effects can be mitigated
when must you prepare an EIR - CORRECT ANSWER -when there is the
potential for significant environmental effects
fair argument standard - CORRECT ANSWER -based on substantial evidence in
light of the whole record that a project may have a significant environmental effect.
substantial evidence - CORRECT ANSWER -fact related reasonable
assumptions or expert opinion supported by facts
thresholds of significance - CORRECT ANSWER -Identifiable quantitative,
qualitative, or performance level of a particular environmental effect
notice of preparation - CORRECT ANSWER -includes description, location,
public hearing information, Discussion of the probable environmental effects and addresses where documents available for review
Notice of Availability - CORRECT ANSWER --Project description and location
-Identification of significant environmental impacts -Specification of review period -Public hearing information (if applicable) -Address where EIR is available for review -Statement whether the project is listed as a toxic site
Notice of completion - CORRECT ANSWER --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)
Notice of determination - CORRECT ANSWER --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
who are the decision makers in the CEQA process - CORRECT ANSWER -
usually the board of supervisors
what are the "findings" - CORRECT ANSWER -Basis for the Lead Agency's
decision and are a written statement made by the decision- making body of the Lead Agency that explains how it dealt with each significant impact and alternative in the EIR.
what is a statement of overriding considerations - CORRECT ANSWER -
Statement needed for approval of project with remaining significant effects
when is a statement of overriding considerations required - CORRECT
ANSWER --Reasons to approve a project where significant impacts are not avoided
or substantially lessened -Reasons can be economic, legal, social, technological or other
what is a MMRP - CORRECT ANSWER -mitigation monitoring and reporting
program
contents of the executive summary - CORRECT ANSWER --significant effects
-mitigation measures -areas of known controversy -issues raised by agency/public -unresolved issues
contents of the project description - CORRECT ANSWER --project objectives
-project location -project characteristics -reasonably foreseeable future phases -required approvals or permits -agencies using the EIR
what are the project objectives - CORRECT ANSWER --what is the purpose of
the project and why it is needed -not a restatement of components/characteristics
what is "scope" - CORRECT ANSWER -the extent of the area or subject matter
that something deals with or to which it is relevant
contents of the environmental setting - CORRECT ANSWER -Description of
physical environmental conditions at the time of the NOP, or when environmental analysis is commenced, if no NOP
what are environmental impacts - CORRECT ANSWER -- Project Impacts
- Growth-Inducing Impacts
- Cumulative Impacts
- Mitigation Measures
- Residual
what is the significance determination - CORRECT ANSWER -thresholds of
significance
what are the CEQA classes - CORRECT ANSWER --Class I - Where an impact
will have a "significant and unavoidable impact" even after all feasible mitigation and existing regulations are applied to the impact. -Class II - Where an impact is identified as significant, but feasible mitigation measures exist (above and beyond the application of existing regulations or ordinances) to reduce the impact to less than significant levels. -Class III - Where an impact is determined as insignificant either through the Initial Study process, or when existing regulations or ordinances are applied to reduce an impact to less than significant levels. -Class IV - Where a project impact can result in a beneficial environmental effect. While not required under CEQA, beneficial environmental effects may be discussed.
-compensate
what are the questions for effective mitigation measures - CORRECT
ANSWER --How will it be implemented?
-Who is responsible for implementation? -Who is responsible for oversight? -Where will it occur? -When will it occur? -What are the performance criteria? -What steps will be taken if criteria aren't met?
what is a Nexus - CORRECT ANSWER -a clear connection
what is a rough proportionality - CORRECT ANSWER -proportional in nature and
extent
what is mitigation deferral - CORRECT ANSWER -deferring significant mitigation
to a future time
what is mitigation monitoring - CORRECT ANSWER -ensures mitigation
measures and project revisions from the EIR are implemented
what are some CEQA myths - CORRECT ANSWER --CEQA applies to a much
broader range of projects than similar laws in other states -CEQA encourages the unnesary writing of EIRs -EIRs are costly and time consuming and add little to the decision making process -CEQA reviews are associated with litigation
