CEQA

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California Environmental Quality Act

What is CEQA?

The California Environmental Quality Act (CEQA) was signed into law in 1970, shortly after the federal government passed the National Environmental Policy Act (NEPA), to institute a statewide policy for environmental protection. The primary goal of CEQA is to inform decision makers and the public about the potential physical environmental impacts of a proposed project and where significant impacts are found, to reduce those impacts to the extent feasible. The CEQA review process can result in three different determinations or document types:

  1. Exemption: Proposed projects may qualify for a state regulatory program, categorical, or statutory exemption from detailed environmental review.
  2. Initial Study with Negative Declaration or Mitigated Negative Declaration: An evaluation of the proposed project finds that it would result in a less-than-significant impact with or without the implementation of mitigation measures, respectively. In other words, the proposed project would not result in a significant-and-unavoidable impact.
  3. Environmental Impact Report (EIR): The project will or may have significant impacts that cannot be mitigated to a less-than-significant level.

What is an EIR?

An EIR is prepared for projects that will, or may, have significant impacts to any one resource area and those impacts cannot be mitigated to a less‐than‐significant level. An EIR contains an analysis of each of the CEQA Guidelines Appendix G, Environmental Checklist, topic areas and includes a range of reasonable alternatives, a cumulative impact analysis, a growth‐related impact discussion, significant effects of the proposed project on the environment, and mitigation measures proposed to avoid, minimize, rectify, reduce, eliminate, or compensate for the significant impact. An important component of the EIR process is the opportunity for the public to review and provide input on the environmental analysis. A draft EIR is circulated for public review for a minimum 45‐day period and comments related to the environmental analysis are incorporated into a Final EIR.

What is an SEIR?

A Subsequent Environmental Impact Report (SEIR) is prepared when an EIR has already been prepared for a project, but substantial changes are proposed to the approved project, substantial changes occur with respect to circumstances, or new information becomes available. Unlike an EIR, which compares the proposed project to existing conditions, an SEIR compares the proposed project to the originally approved project. In this case, the SEIR compares the proposed project (Housing Element, Safety Element, and associated Rezoning) to the approved Community Vision 2015-2040 General Plan and certified General Plan EIR.

How does CEQA affect the General Plan?

CEQA is an informative decision-making tool. The SEIR describes the proposed amendments to the City of Cupertino General Plan 2040 and Zoning Code. It will provide information on the project description and provide a general discussion of what is changing to the General Plan 2040, including changes to maps, policies, and land use and zoning designations. The SEIR will analyze the impacts associated with these changes as well as presenting an analysis of alternatives to the proposed project, including the CEQA-required “No Project” alternative. The SEIR will not make a recommendation on any proposed scenario or alternative, as its purpose is to inform decision makers and the public about potential impacts of the proposed project, possible ways to mitigate those impacts, and reasonable alternatives.

What is the timeline for CEQA?

The Housing Element, Health and Safety Element, Land Use and Community Design Element Rezoning, and the SEIR can be prepared simultaneously. Figure 1 shows the anticipated SEIR schedule:

Figure 1. Anticipated SEIR Schedule


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California Environmental Quality Act

What is CEQA?

The California Environmental Quality Act (CEQA) was signed into law in 1970, shortly after the federal government passed the National Environmental Policy Act (NEPA), to institute a statewide policy for environmental protection. The primary goal of CEQA is to inform decision makers and the public about the potential physical environmental impacts of a proposed project and where significant impacts are found, to reduce those impacts to the extent feasible. The CEQA review process can result in three different determinations or document types:

  1. Exemption: Proposed projects may qualify for a state regulatory program, categorical, or statutory exemption from detailed environmental review.
  2. Initial Study with Negative Declaration or Mitigated Negative Declaration: An evaluation of the proposed project finds that it would result in a less-than-significant impact with or without the implementation of mitigation measures, respectively. In other words, the proposed project would not result in a significant-and-unavoidable impact.
  3. Environmental Impact Report (EIR): The project will or may have significant impacts that cannot be mitigated to a less-than-significant level.

What is an EIR?

An EIR is prepared for projects that will, or may, have significant impacts to any one resource area and those impacts cannot be mitigated to a less‐than‐significant level. An EIR contains an analysis of each of the CEQA Guidelines Appendix G, Environmental Checklist, topic areas and includes a range of reasonable alternatives, a cumulative impact analysis, a growth‐related impact discussion, significant effects of the proposed project on the environment, and mitigation measures proposed to avoid, minimize, rectify, reduce, eliminate, or compensate for the significant impact. An important component of the EIR process is the opportunity for the public to review and provide input on the environmental analysis. A draft EIR is circulated for public review for a minimum 45‐day period and comments related to the environmental analysis are incorporated into a Final EIR.

What is an SEIR?

A Subsequent Environmental Impact Report (SEIR) is prepared when an EIR has already been prepared for a project, but substantial changes are proposed to the approved project, substantial changes occur with respect to circumstances, or new information becomes available. Unlike an EIR, which compares the proposed project to existing conditions, an SEIR compares the proposed project to the originally approved project. In this case, the SEIR compares the proposed project (Housing Element, Safety Element, and associated Rezoning) to the approved Community Vision 2015-2040 General Plan and certified General Plan EIR.

How does CEQA affect the General Plan?

CEQA is an informative decision-making tool. The SEIR describes the proposed amendments to the City of Cupertino General Plan 2040 and Zoning Code. It will provide information on the project description and provide a general discussion of what is changing to the General Plan 2040, including changes to maps, policies, and land use and zoning designations. The SEIR will analyze the impacts associated with these changes as well as presenting an analysis of alternatives to the proposed project, including the CEQA-required “No Project” alternative. The SEIR will not make a recommendation on any proposed scenario or alternative, as its purpose is to inform decision makers and the public about potential impacts of the proposed project, possible ways to mitigate those impacts, and reasonable alternatives.

What is the timeline for CEQA?

The Housing Element, Health and Safety Element, Land Use and Community Design Element Rezoning, and the SEIR can be prepared simultaneously. Figure 1 shows the anticipated SEIR schedule:

Figure 1. Anticipated SEIR Schedule


Page last updated: 03 Oct 2023, 12:22 PM