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pdf.png Get with the Program HOT

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Get with the Program:  Effectively Preparing and Using Programmatic CEQA Documents

The California Environmental Quality Act (CEQA) allows the preparation of programmatic environmental impact reports (EIRs) and mitigated negative declarations (MNDs) when a project consists of a series of related actions.  The benefits of such documents are that they allow a comprehensive examination of a project and promote "tiering" when later actions contemplated by the project are undertaken.  Tiering can expedite environmental review by eliminating repetitive analysis of issues adequately addressed in the program EIR or MND.

This panel will discuss the preparation of programmatic environmental documents and explain when tiering may be appropriate using examples from a variety of project types, including specific plans, housing developments, and utility infrastructure planning. It will present a case-study of CEQA documents selected for the West County Wastewater District’s District-Wide Master Plan that address  a 20-year capital improvement program (CIP) consisting of hundreds of projects, while also satisfying the detailed environmental review, often called “CEQA Plus,” required to obtain low interest loans through the State Water Resources Control Board State Revolving Fund (SRF).

 

The panel will then address how courts review an agency’s choice to prepare program-level CEQA review and later choice to prepare tiered environmental review. Two recent cases, Town of Atherton v. California High-Speed Rail Authority (2014) 228 Cal.App.4th 314 and Citizens for a Sustainable Treasure Island v. City and County of San Francisco (2014) 227 Cal.App.4th 1036, clarify when preparation of a program EIR is appropriate.  Other cases, including Concerned Dublin Citizens v. City of Dublin (2013) 214 Cal.App.4th 1301, clarify the standard of review for the choice to prepare tiered CEQA documents.  Finally, the City of Newark will discuss the quagmire that results when a Court becomes confused about the law concerning program EIRs.

 



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2015-05-20
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pdf.png Unlocking The Black Box 1

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Effective Strategies to Identify and Preserve Archaeological Resources



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2015-07-02
3.51 MB
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pdf.png Unlocking the Black Box 2

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The San Gabriel Trench Project: An Overview



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2015-07-02
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pdf.png Unlocking the Black Box 3

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The San Gabriel Trench Project: A Plan in Action



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2015-07-02
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