Schematic Design/Discretionary and Approvals - Part 2

Question 1

What role does the commenting agency play during CEQA review?

Answer 1

The commenting agency is the public agency with “Jurisdiction by Law” over a particular natural resource but is neither the lead agency or the responsible agency.

example - AMQD

Question 2

What is a Trustee Agency?

Answer 2

Is a state agency having jurisdiction by law over Natural resources affected by a project which are held in trust for the people of the state of California.

Question 3

What are two types of exemptions from compliance with CEQA?

Answer 3

Statutory Exemption - projects which the CA legislature has decided are not subject to CEQA procedures and policies

Categorical Exemption - projects which the secretary of the resources agency has determined do not usually have a significant effect on the environment.

Question 4

What happens if the project is determined to be exempt from CEQA?

Answer 4

Notice of exemption may be filed by the state agency, who files with the office of planning and research, or the local agency, who files with the County Clerk of each county in which the project will be located.

Question 5

If a project is not excempt from CEQA, what is the first step taken by the Lead agency?

Answer 5

Preform an initial study

Determines whether an EIR or Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR.

Question 6

What is the difference between an Negative Declaration and a mitigated Negative Declaration?

Answer 6

A negative declaration means no significant impacts were found in respect to the project and as a result the project may proceed as designed

A mitigated Negative declaration means significant impacts were found, but the project can be revised/redesigned to avoid or mitigate those impacts and can move forward.

Question 7

What is an Environmental Impact Report(EIR)?

Answer 7

A detailed report prepared by the Lead Agency describing and analyzing the significant environmental effects of a proposed project, identifying alternatives and discussing ways to reduce or avoid possible environmental damage. The project may be slowed or halted until an EIR can be prepared, reviewed and approved.

Question 8

What first step does the lead agency take when preparing an EIR?

Answer 8

Send notice of preparation(NOP) to the responsible agencies, trustee agencies, and involved federal agencies to inform them of hte planned EIR. The purpose is to solicit guidance from those agencies as to the scope and content to be included in the EIR.

Question 9

What is a purpose of a Notice of completion during the EIR process?

Answer 9

A notice of completion(NOC) is a brief notice released by the lead agency as soon as it has completed a draft EIR for public review and comment. This begins the public review period for the EIR.

Question 10

What are the minimum and maximum review periods for the general public and agencies for an EIR and when does this occur?

Answer 10

30 days min / 60 days max

If the draft is sent to the state clearinghouse, the review is another 45 days min.

Question 11

Who is the state clearinghouse and what do they do?

Answer 11

The state clearinghouse is a division of the governor’s office of planning and research and they coordinate the state-level review of environmental documents that are prepared pursuant to CEQA.

Question 12

Define a Notice of Determination(NOD)?

Answer 12

A notice of Determination(NOD) is a brief notice filed by the lead agency after it approves or determines to carry out a project subject to the requirements of CEQA. It is filed once a decision has been reached on the project, either approval or disapproval of the negative declaration or final EIR.

Question 13

Name seven impacts a project can have on the environment?

Answer 13

1. Storm water runoff
2. Parking implications
3. Pollution from equipment
4. Damage to wildlife and plants
5. Increase in traffic, noise
6. soil erosion
7. modification to wetlands

Question 14

Describe the CEQA review process for a non exempt project?

Answer 14

1. Lead agency preforms the initial study
2. Decision by lead agency to prepare EIR or Negative Declaration. For EIR, notice of preparation set to responsible agency, draft of EIR prepared by lead agency
3. Public review period(20-30 negative declaration)-(30-60 EIR)
4. Decision on project. Lead Agency files notice of Determination with the Couty Clerk(local) office of planning & research(state)

Question 15

What is the function and purpose of the California Costal act(1976)?

Answer 15

The California Costal Act establishes a far reaching coastal protection program and made permanent the California Costal Comission.

The commission plans and regulates development and natural resource use along the coast in partnership with local governments and in keeping with requirements of the Coastal act.

Question 16

Name six issues addressed by the California Coastal act

Answer 16

1. Shoreline public acess and recreation
2. Terrestrial and marine habitat protection
3. Landform alteration
4. offshore oil and gas developement
5. transportation and development design
6. Water quality

Question 17

What are the most significant provisions of the federal Coastal Zone Management Act?

Answer 17

The California coastal commission and bay conservation and development commission are the two designated coastal management agencies to administer the federal costal zone management act?

The CZMA gives state coastal mgmt agencies regulatory control over all federal coastal activities. This is importation because it is often only review authority over federal coastal activities given to any state agency.

Question 18

What part of the coastal zone is not included in the california coastal act?

Answer 18

The coastal zone established by the coastal act does not include San Francisco bay, where developement is regulated by the bay conservation and development commission(BCDC).

Question 19

What is required before a project may commence in a coastal zone and what program must be followed?

Answer 19

Development in the coastal zone may not start until a Coastal developement permit is issued by the commission or a local government that has commission certified local program.

The project must follow guidlines laid out in the local coastal program.

Question 20

What is a local coastal program and who develops it?

Answer 20

A local coastal program(LCP) contains basic planning tools used by local governments to guide development in the coastal zone. LCPs contain ground rules for future development and protection of coastal resources, specify appropriate location, type andscale of new or changed uses of land and water, and include land use plans. They are prepared and developed by local agencies.

Question 21

What regulations in the California Coastal Act affect Pubic access and recreation?

Answer 21

Public Access- Development not to interfere with rights of access to sea, public access to be provided from nearest public roadway to shoreline, unless safety hazards exist

Recreation - areas suited for water activities shall be protected for such uses, encouragement of recreational boating use by developing dry storage areas and increasing public launching facilities.

Question 22

Name three ways a project can minimize adverse impacts in the Coastal Zone?

Answer 22

• Assure stability and structural integrity and neither create nor contribute significantly to erosion, geologic instability or destruction of area.
• Maintain consistency with requirements imposed by an air pollution control district or state board
• Protect special communities and neighborhoods that are popular visitor destination points for recreational use

Question 23

What are five types of development along the cost that would require a coastal development permit?

Answer 23

• Placement of any solid material or structure
• Change in land use density or intensity
• Change in intensity of water use or access to water
• removal of major vegetation
• Any development which constitutes a major public works project or a major energy facility

Question 24

What are three types of project types a that are exempt from a Costal Development Permit?

Answer 24

• Improvements to existing single-family dwellings
• Improvements to any structure provided there are no adverse affects on the environment, public access or that involve a change in use contrary to the California Costal Act
• Maintenance dredging of existing navigation channels or moving dredged materials from those channels to a disposal area

Question 25

What major element of the CA Clean Air Act sets it apart for Federal Regulations?

Answer 25

Requirement that local air districts in violation of the CA Ambient Air Quality Standards must prepare attainment plans that identify air quality problems, causes, trends and actions to be taken to attain and maintain California’s air quality standards.

Question 26

Who has jurisdictional authority to enforce the field act, and what is the arch and owners role during const.?

Answer 26

DSA is the Jurisdictional authority. Plans/specs reviewed and approved including structural, FLS, and Accessibility.

CA required by the architect, changes to drawings must be approved by DSA.

A DSA certified inspector, hired by the owner, must oversee construction and prepare verified reports that are sent to DSA after completion

Question 27

What prompted the seismic safety deadlines as required by the hospital facilities seismic safety act and what are they?

Answer 27

Prompted by the Northridge earthquake in 1994 which caused 23 hospitals to lose service. Seismic safety deadlines include

• 2013 - at risk inpatient buildings must be rebuilt, retrofitted or closed
• 2030 - all operational hospital buildings must be operational following a major earthquake

Question 28

What is the essential services building Seismic Safety Act(ESBSSA) and where can it be found?

Answer 28

Essential services buildings should be capable of providing those services after a disaster(1986)

Designed and construction to minimize fire hazard, and resist the forces of earthquakes, gravity and winds.

It is contained in the CA health and safety Code

Question 29

What four non structural components are vital to the operation of essential services buildings following the effects of a natural disaster?

Answer 29

1. Communication systems
2. Main Transformers
3. Switching equipment
4. Emergency Backup systems

These components shall be able to resist forces by gravity fire and wind.

Question 30

Name the six different types of essential services buildings?

Answer 30

• Fire Station
• Police Station
• California Highway Patrol Station
• California Operations Center
• Sheriffs office
• Emergency Communications Dispatch Center

Question 31

Who is the enforcement agency for essential services building?

Answer 31

• Local agency - if not state owned
• DSA - State owned facilities or facilities leased by state

Question 32

What two types of buildings re exempt from the essential services building seismic safety act?

Answer 32

1 story type V construction less than 2000sf

Type II N construction not less than 2000sf