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HomeMy WebLinkAboutCEQA/Traffic Study SessionAGENDA STATEMENT PLANNING COMMISSION MEETING DATE: September S, 2009 SUBJECT: STUDY SESSION: The California Environmental Quality Act - An overview of the California Environmental Quality Act and the role that it plays in the decision making process. Report Prepared by Jeff Baker, Planning Manager ATTACHMENTS: None RECOMMENDATION: Receive the presentation. PROJECT DESCRIPTION: The purpose of this Study Session is to provide the Planning Commission with an overview of the California Environmental Quality Act (CEQA). The Study Session will address the purpose of CEQA and the role that it plays in the decision making process; projects that are subject to CEQA; the initial study checklist questionnaire that is used to evaluate the potential for environmental impacts associated with a project, including an overview of the transportation analysis by the City's Traffic Engineer; the various types of CEQA documents that are prepared as a result of the initial study including a CEQA Addendum, Negative Declaration, Mitigated Negative Declaration, and Environmental Impact Report; opportunities for public participation in the environmental review process; and the Planning Commission's role in the CEQA process. The Study Session will include a presentation by Staff and an opportunity for questions and answers from the Planning Commission and the public. RECOMMENDATION: Staff recommends that the Planning Commission receive the presentation. ITEM NO. 5. Page 1 of 1 G:Wgendas\2009\PC CEQA SS\pcsr 9.08.D9 CEQA SS.dx 1 California Environmental Quality Act Principles and Process City of Dublin Planning Commission September 8, 2009 Presented by: Kathleen Faubion, AICP, Of Counsel, Meyers Nave & Jaimee Bourgeois, PE, Senior Civil Engineer (Traffic) 2 Study Session Goals Provide an overview of the principles and processes of CEQA; Role of CEQA in the decision making process; and Role of the Planning Commission in CEQA 3 Purpose of CEQA Review Inform decision makers and public about environmental effects of proposed activities. Identify ways to avoid or reduce environmental damage. Prevent environmental damage through mitigation or alternatives. Disclose reasons agency approved project with significant effects. 4 Implementation of CEQA Purposes Governmental action on proposed projects: Private projects that require discretionary action Public projects. Planning Commission is part of CEQA process as decision maker, recommending body on private projects, some public projects. 5 CEQA Applies to Approval of “Projects” Project: an activity undertaken by a public agency, or, proposed by a person but requires public agency approval, such as a lease, permit or other entitlement. Informed decision making: decision makers should consider the environmental consequences of approving and implementing the project. Lead Agency: public agency that carries out or approves project, controls the process, certifies compliance with CEQA. 6 Is the Project Exempt from CEQA? Statutory exemptions. Categorical exemptions. General or common sense exemption under § 15061(b)(3) where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. CEQA compliance complete upon finding of exemption. 7 Activity is a “Project” and is Not Exempt – What Next? Complete an initial study checklist questionnaire to determine whether the project has the potential for significant effects on the environment. Will the project cause a change in the environment? Is the change significant? Evaluate significance by comparing project changes to thresholds of significance. 8 Initial Study Questionnaire Organized by 16 Resource Topic Areas Aesthetics Geology/soils Noise Agriculture Hazards/hazmat Population/housing Air Quality Hydrology/water quality Public services Biological resources Recreation Land use/planning Cultural resources Mineral resources Transportation Utilities 9 Thresholds of Significance No single, correct threshold for the resource areas; thresholds depend on nature of project, circumstances, local priorities and policies. Some thresholds contained in Initial Study questionnaire: Example: Will the project substantially alter existing drainage patterns? Regulatory standards may be used if appropriate: Example: Will the project violate water quality standards? City practice is to develop thresholds for each project review to retain flexibility. Standards may be qualitative or quantitative depending on the resource. 10 Initial Study Process May or May Not Require Technical Reports to Evaluate Potential Impacts Commonly prepared technical reports for Dublin projects: Traffic Aesthetics Biology Geology, hydrology Noise Preparing a technical report. 11 Start with a regional model developed at the County level that includes major roadway improvements and land development planned for within the region. The model is calibrated and validated to replicate existing volumes within an allowable margin of error. Using the regional model as a starting point, a City-wide model is created with more detailed roadway network and land use data within the City of Dublin and immediately surrounding areas. The model is then ready to be executed to project future volumes. Traffic Modeling 12 Project Trip Generation The project trip generation is an estimate of the number of trips (daily or peak hour) that the project will generate. An inbound and outbound trip each equal one trip. Trip generation rates developed from actual surveys available in ITE’s Trip Generation and SANDAG’s Traffic Generators. When adequate published data is not available, it will be necessary to collect new data at a similar existing site or estimate trip generation based on the characteristics of the proposed development. 13 Project Trip Generation (cont’d.) Examples of various developments that generate about 1,000 daily trips: 100 single family homes 150 apartments 20,000 square-foot shopping center 70,000 square-foot office building 14 Level of Service Analysis The concept of level of service (LOS) is commonly used to describe the operating conditions of an intersection or roadway segment. The LOS grading system is a rating scale ranging from LOS A to LOS F. LOS A represents limited delay traffic conditions and LOS F represents highly congested conditions. 15 Level of Service Analysis (cont’d.) In Dublin, we utilize a vehicle delay-based approach for determining LOS at intersections according to procedures set forth in the Transportation Research Board’s Highway Capacity Manual (2000). For a GPA and projects requiring an EIR, a CMA Analysis of Metropolitan Transportation System roadway segments is required if the project generates 100 or more PM peak hour trips. 16 Signalized Intersection LOS Definitions LOS Average Delay per Vehicle (seconds) Description of Traffic Conditions A ≤ 10 Very little delay; all waiting vehicles clear when the light is green and many vehicles do not have to stop at all. B >10 and ≤ 20 Little delay; most waiting vehicles clear when the light is green. C >20 and ≤ 35 Noticeable delay; occasional congestion and backups on busy approaches. D >35 and ≤ 55 Influence of congestion more noticeable; significant congestion of busy approaches and vehicles could wait through more than one red light during short periods but no excessive backups. E >55 and ≤ 80 Significant congestion with long backups on busy approaches; vehicles could wait up to several red lights; traffic backups may interfere with nearby intersections; overall traffic demand is near intersection capacity. F > 80 Delay unacceptable to motorists; stop-and-go operation; overall traffic demand exceeds intersection capacity. 17 Process for Completing a Transportation Impact Analysis The City commissions a traffic consultant to complete the study, approves the scope of work, and provides oversight of the study. The study typically examines AM and PM peak hour conditions for the following scenarios: Existing Conditions Existing + Project Conditions Cumulative Without Project Conditions Cumulative + Project Conditions 18 Process for Completing a Transportation Impact Analysis (cont’d.) The study might also examine midday or weekend peak hour conditions depending on the characteristics of the project and the local traffic patterns. Although not required by CEQA, the study might also consider a near-term future scenario. The impacts of the project on key intersections and roadways are identified based on the significance criteria. Feasible mitigation measures are developed. 19 Significance Criteria City of Dublin General Plan: Requires that a good faith effort be made to maintain LOS D on road segments and at intersections located on Routes of Regional Significance as established in the Tri-Valley Transportation Plan and Action Plan. Requires that for non-Routes of Regional Significance, strive to maintain LOS D or better. 20 Results of Initial Study Prepare a Negative Declaration. Prepare a Mitigated Negative Declaration. Prepare an Environmental Impact Report. 21 Negative Declaration Prepared when there is no substantial evidence that a project may have a significant effect on the environment. ND is a written statement of no potential significant effect plus the Initial Study providing evidence in support. 22 Mitigated Negative Declaration Prepared when a project may have a significant effect on the environment but measures are incorporated into the project to mitigate the impact. Measures must be agreed to by the applicant. Mitigated ND is also a written statement of no potential significant effect of the project, as mitigated, plus the Initial Study providing evidence in support. 23 Environmental Impact Report Prepared when a project may have a significant effect on the environment and adequate mitigations were not identified through the Initial Study process. Fair argument standard applies to EIR determination and creates a low threshold favoring preparation of an EIR. EIR process begins with Notice of Preparation and initial scoping meeting to solicit guidance from other agencies and the public as to the scope and contents of a Draft EIR. 24 Environmental Impact Report (cont’d.) Draft EIR contains impact and mitigation analysis for the resource topics. Draft EIR must identify a reasonable range of project alternatives, including No Project alternative. 25 Public Review and Comment Period CEQA requires a public review and comment period for draft NDs and EIRs. CEQA “notice” commences review and comment period. Time for public review period:  20-30 days for an ND  30-45 days for an EIR Note: Caselaw provides that comments on the draft ND or EIR can be submitted up until the close of the public hearing on the project, if any. 26 Responses to Comments Received During the Public Review Period ND or Mitigated ND: Responses to comments not required, but City may want to provide responses in particular situations. Draft EIR: Written responses to comments are required. Comments and responses are compiled in a Final EIR. Responses should dispose of the environmental issues raised in the comments and provide explanation where comments are at variance with lead agency position. Responses should provide good faith, reasoned analysis of issue supported by factual evidence. No public review required for responses to comments. 27 Adopting the CEQA Document and Approving the Project Decisions and recommendations should consider the environmental consequences of the project, so… CEQA action should be the first action. CEQA findings may be required for project approval. 28 CEQA Streamlining Techniques CEQA encourages reuse of certified EIRs or adopted NDs, MNDs. Valuable tool for multi-layered land use permit process: Subsequent or supplemental ND or EIR allows consideration of changes to original project. Tiering allows consideration of more detailed site or project information and design in later steps of permitting process. Addendum allows consideration of minor changes that do not result in new or more severe impacts than original ND or EIR. 29 CEQA Streamlining in Dublin Large scale EIRs in Dublin facilitate streamlining. Eastern Dublin EIR: Certified in 1993 for 30 year buildout horizon. Assumed urbanization of Eastern Dublin. Comprehensive review based on additional detail in EDSP. Allows updating rather than new CEQA review for many development projects that implement the EDSP. EDPO EIR, Fallon Village EIR, Transit Village EIR are other examples. 30 Role of Planning Commission in CEQA Project is exempt: exemption determination included in resolution approving project. ND: Planning Commission reviews and adopts ND before approving project: Finding: a) There is no substantial evidence, in light of the whole record, that the project may have a significant effect on the environment, and b) The ND reflects the City’s independent judgment and analysis. 31 Role of Planning Commission in CEQA (cont’d.) Mitigated ND: Planning Commission reviews MND and any comments received and adopts MND before approving project: Finding: a) There are significant or potentially significant effects identified for the project but revisions in the project plans made by or agreed to by the applicant before the proposed MND and initial study were released for public review would avoid or mitigate to a point where clearly no significant effects would occur, and b) There is no substantial evidence, in light of the whole record, that the project as revised may have a significant effect on the environment, and c) The Mitigated ND reflects the City’s independent judgment and analysis. MND also requires adoption of a Mitigation Monitoring and Reporting Program. 32 Role of Planning Commission in CEQA (cont’d.) When Planning Commission is recommending body on a project, the Commission considers the draft document and recommends adoption of the ND, MND or certification of the EIR to the Council. Commission does not recommend on mitigation monitoring program or other CEQA findings that are required only if a project is approved. 33 Questions?