Significant environmental impacts caused by developments must be mitigated or avoided.
If an agency (i.e. Placer County) approves a project with significant impacts overriding factors must be stated indicating impacts that cannot be avoided or mitigated..
Steps in the CEQA Process:
Initial study
ID environmental effects
Assess those effects
What will significant environmental effects be?
Focuses the subsequent EIR
Notice of Preparation of EIR
Public - 30 days to give advice
re: scope of EIR impacts, mitigations, changes
Describe and explain impacts not found to be significant.
Discuss cumulative impacts.
Discussion of social/ economic impacts not required unless they cause secondary impacts.
The public may request public hearing of draft EIR in writing.
Notice of completion is filed
Public has 30 days to react to the draft EIR
Final EIR produced
Must take listed impacts into account
Must take public responses into account
Final approval of mitigation measures/changes.
Statement of overriding considerations by Placer County if they approve
Include changes that have been made in the project
Infeasible mitigations must be based on "substantial" evidence.
Agencies cannot approve projects unless significant environmental effects have been eliminated or reduced or the agency has said that effects are unavoidable and acceptable due to overriding considerations.
Appeals may only be made by applicant, or by persons, organizations, or public agencies that submitted written comments or supplied oral testimony at a public hearings.
Appeals require non-refundable fees.
CEQA is enforced by local agencies.
If there are problems, then the public’s only recourse is the courts.
