75E - PH 2525 MAIN ST - Laserfiche WebLink

Home Browse Search

November 26, 2018 Comment on Environmental Impact Report, 2525 N. Main Street Multi -Family Residential Project (aka Magnolia at the Park) SCH 2018021031, DP No. 2017-34 page 3 LEGAL STANDARD CEQA requires that an agency analyze the potential environmental impacts of its proposed actions in an environmental impact report ("EIR") (except in certain limited circumstances). See, e.g., Pub. Res. Code § 21100. The EIR is the very heart of CEQA. Dunn -Edwards v. BAAQMD (1992) 9 Cal.AppAth 644, 652. "The 'foremost principle' in interpreting CEQA is that the Legislature intended the act to be read so as to afford the fullest possible protection to the environment within the reasonable scope of the statutory language" Comms. for a Better Env't v. Calif. Resources Agency (2002) 103 Cal. App. 4th 98, 109. CEQA has two primary purposes. First, CEQA is designed to inform decision makers and the public about the potential, significant environmental effects of a project. 14 Cal. Code Regs. ("CEQA Guidelines") § 15002(a)(1). "Its purpose is to inform the public and its responsible officials of the environmental consequences of their decisions before they are made. Thus, the EIR 'protects not only the environment but also informed self-government.'" Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 564. The EIR has been described as "an environmental 'alarm bell' whose purpose it is to alert the public and its responsible officials to environmental changes before they have reached ecological points of no return." Berkeley Keep Jets Over the Bay v. Bd. of Port Commis. (2001) 91 Cal. App. 4th 1344, 1354 ("Berkeley Jets"); County of Inyo v. Yorty (1973) 32 Cal.App.3d 795, 810. Second, CEQA requires public agencies to avoid or reduce environmental damage when "feasible" by requiring "environmentally superior' alternatives and all feasible mitigation measures. CEQA Guidelines § 15002(a)(2) and (3); see also Berkeley Jets, 91 Cal. App. 4th 1344, 1354; Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 564. The EIR serves to provide agencies and the public with information about the environmental impacts of a proposed project and to "Identify ways that environmental damage can be avoided or significantly reduced." CEQA Guidelines §15002(a)(2). If the project will have a significant effect on the environment, the agency may approve the project only if it finds that it has "eliminated or substantially lessened all significant effects on the environment where feasible" and that any unavoidable significant effects on the environment are "acceptable due to overriding concerns." Pub.Res.Code ("PRC") § 21081; CEQA Guidelines § 15092(b)(2)(A) & (B). The EIR is the very heart of CEQA. Dunn -Edwards v. BAAQMD (1992) 9 Cal.AppAth 644, 652. CEQA requires that a lead agency analyze all potentially significant environmental impacts of its proposed actions in an EIR. PRC § 75E-247 3