[Call To Order]
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GOOD GREAT. ARE WE WAITING FOR OTHER PEOPLE TO GET CONNECTED? I THINK I THINK AT THIS POINT WE'RE JUST GOING TO MOVE FORWARD AND GET STARTED, AND THEN WHOEVER
[Informational]
TRICKLES IN TRICKLES IN. SOUNDS GOOD. PERFECT. SO LET ME SHARE MY SCREEN SO YOU CAN SEE THE PRESENTATION. AND WE'RE GOING TO GET STARTED. CAN YOU SEE IT. CAN YOU SEE MY SCREEN. YES. PERFECT.OKAY. SO WELL GOOD EVENING. THANK YOU ALL FOR BEING HERE. MY NAME IS TIFFANY MITCHELL AND I'M HERE TODAY TO WALK THROUGH, TO WALK YOU THROUGH THE FUNDAMENTALS OF SEQUA, THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TODAY'S SESSION IS MEANT TO DEMYSTIFY THE PROCESS AND EQUIP YOU WITH THE TOOLS TO UNDERSTAND AND EVALUATE ENVIRONMENTAL DOCUMENT THAT COME BEFORE YOU.
THIS SESSION WILL LAST AN HOUR. WE I'M GOING TO DO A LECTURE FOR ABOUT 40 TO 45 MINUTES. AND THEN WE'RE GOING TO DO A Q&A. OKAY. SO TODAY'S TRAINING WILL GIVE YOU A CLEAR OVERVIEW OF HOW SEQUA WORKS, INCLUDING WHEN IT APPLIES, WHAT KIND OF PROJECT TRIGGERS IT, HOW EXEMPTIONS WORK, AND WHAT HAPPENS DURING ENVIRONMENTAL REVIEW. WE'LL WALK THROUGH KEY TERMS LIKE PROJECTS, INITIAL STUDY, NEGATIVE DECLARATION, ENVIRONMENTAL IMPACT REPORT AND END WITH WHAT IT MEANS WHEN YOU, AS COMMISSIONERS, ARE ASKED TO CONSIDER A PROJECT FOR APPROVAL.
I THINK I SEE THAT THERE IS AN END THAT IS RAISED HERE. I THINK WE'RE GONNA I'M GOING TO TAKE QUESTIONS AT THE END OF THE PRESENTATION, IF THAT'S OKAY WITH EVERYONE. THIS IS INTERPRETER. THE OTHER INTERPRETER HAS TO BE ASSIGNED. I HAVE NOT BEEN ASSIGNED AS AN INTERPRETER. THAT'S THE REASON I RAISED MY HAND. OKAY. BECAUSE SOMEBODY PLEASE ASSIGN ME. THIS IS ALEX, THE SPANISH INTERPRETER. OKAY. I DO NOT KNOW HOW TO DO THAT. CAN CAN SOMEONE HELP? YEAH. I'LL TAKE CARE OF IT. ONE SECOND. OKAY. THANK YOU. OKAY. YOU CAN PROCEED. OKAY.
THANK YOU. SO. ALL RIGHT, SO LET'S GO TO THE NEXT SLIDE. LET'S START WITH WHERE IS CEQA FOUND FIRST SEQUA IS CODIFIED IN CALIFORNIA PUBLIC RESOURCE CODE DIVISION 13. IT IS ALSO FOUND IN THE STATE CEQA GUIDELINES. THE STATE CEQA GUIDELINES ARE THE REGULATION THAT IMPLEMENTS THE STATUTE. AND THEY ARE FOUND IN THE CALIFORNIA CODE OF REGULATION. AND TONIGHT I MAY MENTION MULTIPLE TIMES THE TERM GUIDELINE GUIDELINES, AND I'M ALWAYS REFERRING TO THE STATE CEQA GUIDELINES. AND FINALLY CASE LAW. SO BECAUSE SEQUA HAS BEEN HEAVILY LITIGATED, THE COURTS HAVE DEVELOPED A LARGE BODY OF CASE LAW THAT INTERPRETS BOTH THE STATUTE AND THE GUIDELINES. SO WHAT ARE THE PURPOSE OF CEQA? THE CEQA GUIDELINES IDENTIFIES THE FOUR BASIC PURPOSES OF SEQUA. AS YOU CAN. I LISTED THEM ALL IN THIS SLIDE. SO BASICALLY CEQA REQUIRES THAT PUBLIC AGENCIES INFORM THEMSELVES ABOUT POTENTIAL ENVIRONMENTAL EFFECTS OF THEIR ACTION. CONSIDER ALL RELEVANT INFORMATION BEFORE MAKING DECISIONS, AND GIVE THE PUBLIC A MEANINGFUL OPPORTUNITY TO WEIGH IN. IT ALSO REQUIRES AGENCY TO AVOID OR REDUCE SIGNIFICANT ENVIRONMENTAL IMPACT WHEN IT IS FEASIBLE TO DO SO THROUGH PROJECT CHANGE MITIGATION MEASURES OR ALTERNATIVES. ONE OF THE MOST IMPORTANT IDEA IN TSCA IS TRANSPARENCY. SO IF A PROJECT WILL CAUSE SIGNIFICANT IMPACT, THE PUBLIC HAS A RIGHT TO KNOW ABOUT IT AND THE AGENCY MUST CLEARLY EXPLAIN ITS DECISION. SEQUOIA DOES NOT PROHIBIT PROJECTS WITH SIGNIFICANT IMPACT, BUT IT DOES REQUIRE DISCLOSURE OF THOSE IMPACTS AND AN EXPLANATION IF THE LEAD AGENCY CHOOSES TO APPROVE THE PROJECT ANYWAY. AND WE'RE GOING
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TO TALK ABOUT THAT A LITTLE MORE AT THE END OF THIS PRESENTATION. SO TONIGHT WE'RE GOING TO WALK THROUGH FIVE KEY STEPS TO UNDERSTAND HOW TSCA WORK IN PRACTICE. WE'LL START WITH WHAT TRIGGERS TSCA THEN MOVES THROUGH IDENTIFYING A PROJECT, CHECKING FOR EXEMPTIONS, REVIEWING ENVIRONMENTAL IMPACT, AND THEN MAKING A FINAL DECISION ON THE PROJECT. SO LET'S START WITH STEP ONE. IS THERE A DISCRETIONARY ACTION BY A PUBLIC AGENCY? A REALLY IMPORTANT POINT TO UNDERSTAND IS THAT CEQA ONLY APPLIES WHEN THERE IS SOME FORM OF PUBLIC AGENCY INVOLVEMENT. IF AN ACTIVITY IS PURELY PRIVATE AND DOES NOT REQUIRE ANY KIND OF PERMIT OR APPROVAL FROM YOU GUYS OR FROM A PUBLIC AGENCY IN GENERAL, CEQA DOES NOT APPLY. SO I GAVE A FEW EXAMPLES ON THE SLIDE. SO IF A BUSINESS OWNER REPAINTS THE INTERIOR WALLS OF THEIR SHOP, NO PERMITS, NO SQL ON THE OTHER END, CEQA DOES APPLY TO PUBLIC ACTIVITIES OR PROJECTS THAT NEED PUBLIC APPROVAL. SO THINGS LIKE ISSUING A PERMIT, APPROVING A ZONE CHANGE, ENTERING INTO A CONTRACT, ETC. SO THE TAKEAWAY HERE IS THAT CEQA IS TIED TO A PUBLIC AGENCY ACTION. IF THERE IS NO ACTION, THERE IS NO TSCA. SO WE'VE ESTABLISHED THAT A PUBLIC AGENCY IS INVOLVED. THE NEXT QUESTION IS WHETHER THE ACTION QUALIFIES AS A PROJECT UNDER SEQUA. CEQA IS A VERY SPECIFIC DEFINITION OF A PROJECT, AND IT INVOLVES A THREE PART TEST. FIRST, IT MUST BE A DISCRETIONARY ACTION, MEANING THE AGENCY HAS TO USE JUDGMENT, LIKE WHETHER SOMETHING MEETS A GENERAL PLAN POLICY OR A ZONING STANDARD. SECOND, THE ACTION MUST BE CARRIED OUT BY OR NEED APPROVAL FROM A PUBLIC AGENCY. AND THIRD, IT MUST HAVE THE POTENTIAL TO CAUSE A PHYSICAL CHANGE IN THE ENVIRONMENT, EITHER DIRECTLY OR INDIRECTLY. THIS IS KEY. SEQUA IS TRIGGERED ONLY IF THERE IS A POTENTIAL ENVIRONMENTAL IMPACT, NOT FOR PURELY ADMINISTRATIVE OR PROCEDURAL ACTIONS. SO IF ALL THREE APPLIES, THEN CEQA APPLIES. BUT IF ONE OF THEM IS MISSING, THIS IS NOT A SECRET PROJECT. SO NOW THAT WE'VE DETERMINED THAT A PROPOSAL QUALIFIES AS A PROJECT AND A SEQUEL, THE NEXT QUESTION IS WHETHER IT'S EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW. THERE ARE THREE MAIN TYPES OF EXEMPTION UNDER SEQUA STATUTORY EXEMPTIONS, CATEGORICAL EXEMPTIONS, AND THE COMMON SENSE EXEMPTIONS. SO I'M GOING TO GO THROUGH ALL OF THEM. AND WE'RE GOING TO DISCUSS THEM IN DETAILS. STATUTORY EXEMPTIONS.THEY ARE THE STRONGEST AND MOST PREDICTABLE. THESE ARE CLEAR BRIGHT LINE RULES WRITTEN INTO THE STATUTE. IF A PROJECT QUALIFIES FOR A STATUTORY EXEMPTION, IT'S EXEMPT FROM CEQA, EVEN IF IT MAY HAVE SIGNIFICANT AND UNAVOIDABLE ENVIRONMENTAL IMPACT. THESE EXEMPTIONS ARE CONSIDERED THE MOST ABSOLUTE AND RELIABLE BECAUSE THEY DON'T REQUIRE ADDITIONAL FINDINGS OR REVIEW OF EXCEPTIONS. AND WE'RE GOING TO TALK ABOUT THAT IN A MOMENT. SO IF YOUR PROJECT FITS WITHIN A STATUTORY EXEMPTION, NO FURTHER CEQA ANALYSIS IS NEEDED. AND WE ARE DONE, THEN WE HAVE THE CATEGORICAL EXEMPTIONS. THERE ARE 33 CATEGORICAL EXEMPTION IN THE CURRENT CEQA GUIDELINES. FOR EXAMPLE, WE HAVE MINOR RENOVATION, RECONSTRUCTION OF EXISTING FACILITIES, SMALL UTILITY EXTENSION, ETC, ETC. BUT THIS IS CRITICAL. CATEGORICAL EXEMPTION AS SUBJECT TO EXCEPTION. AND THAT'S GOING TO BE THE NEXT SLIDE. SO THERE ARE EXTREMELY USEFUL THOSE CATEGORICAL EXEMPTION. BUT THERE ARE MORE CONDITIONAL. AND THEY CAN BE CHALLENGED IF THERE IS EVIDENCE THAT AN EXCEPTION APPLIES. AND THE LAST ONE IS THE COMMON SENSE EXEMPTION. I, I WROTE DOWN THE DEFINITION IN THE SLIDE, BUT IT'S THE NARROWEST EXCEPTION EXEMPTION SORRY. AND IT SHOULD BE USED WITH CAUTION. IT APPLIES WHEN THERE IS WHEN
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IT'S CLEAR THAT THE PROJECT HAS NO POSSIBILITY OF CAUSING A SIGNIFICANT ENVIRONMENTAL IMPACT. SO WE USUALLY USE IT WHEN THERE IS A MINOR CORRECTION TO ORDINANCES OR REGULATION. BUT BECAUSE IT RELIES ON A STRONG CERTAINTY STANDARD, WE SHOULD REALLY USE IT AS A LAST RESORT.SO OUR RECOMMENDATION IS TO ALWAYS START LOOKING FOR STATUTORY EXEMPTION. IF THEY ARE AVAILABLE, THEN TO LOOK FOR CATEGORICAL EXEMPTION AND ONLY AS A LAST RESORT, USE THE COMMON SENSE EXEMPTION. ONE COMMON QUESTION THAT I'M OFTEN ASKED IS CAN WE APPLY MULTIPLE CATEGORICAL EXEMPTIONS TO ONE PROJECT? AND THE ANSWER IS YES. YOU CAN USE MORE THAN ONE CATEGORICAL EXEMPTION AS LONG AS IT COVERS THE ENTIRE PROJECT. SO YOU CANNOT PIECEMEAL A PROJECT BY BREAKING IT INTO SMALLER PIECES THAT QUALIFY AS SEPARATE EXEMPTION. SO ALL THE CATEGORICAL EXEMPTIONS EXEMPTION HAVE TO APPLY TO THE ENTIRE PROJECT. NO PIECEMEALING, NO BREAKING DOWN THE PROJECT. YOU CAN LAYER THEM. YOU CAN LAYER THEM WITH THE COMMON SENSE EXEMPTION. THAT'S ACTUALLY WHAT WE RECOMMEND IF YOU WANT TO RELY ON THE CATEGORICAL ON THE COMMON SENSE EXEMPTION, WE'RE GOING TO TRY TO FIND A CATEGORICAL AND CATEGORICAL EXEMPTION THAT ALSO WORKS FOR THE PROJECT, EVEN IF IT'S NOT A PERFECT FIT. WE'RE GOING TO TRY TO RELY ON SOMETHING ELSE THAN THE COMMON SENSE EXEMPTION, BUT WE CAN USE THEM BOTH CATEGORICAL AND COMMON SENSE. AND IF YOU USE A CATEGORICAL EXEMPTION, YOU MUST GO THROUGH THE EXCEPTION THAT ARE LISTED IN CEQA GUIDELINE SECTION 15 300.2. SO THE CEQA GUIDELINES IDENTIFY SIX EXCEPTIONS THAT CAN DISQUALIFY A PROJECT FROM USING A CATEGORICAL EXEMPTION. THE FIRST ONE IS THE LOCATION EXCEPTION. SO IF THE PROJECT IS LOCATED IN A SENSITIVE LOCATION, FOR EXAMPLE, A COASTAL WETLAND, OR IF IT'S LOCATED NEXT TO AN ENDANGERED ENDANGERED SPECIES HABITAT, THE LOCATION EXEMPTION MAY DISQUALIFY THE EXEMPTION BECAUSE OF THE POTENTIAL IMPACT ON SENSITIVE RESOURCES. THEN WE HAVE THE CUMULATIVE IMPACT EXCEPTION. SO IF THERE ARE OTHER SIMILAR PROJECTS IN THE AREA AND TOGETHER THEY HAVE THE POTENTIAL TO CAUSE A CUMULATIVE IMPACT, EVEN IF EACH PROJECT ALONE HAS A SIGNIFICANT EFFECT CUMULATIVELY, ALTOGETHER, THEY MAY HAVE AN IMPACT. SO THINK ABOUT MULTIPLE PROJECTS THAT ARE SUPPOSED TO BE EXEMPT IN THE SAME LOCATION. IF THEY HAPPEN ALL AT THE SAME TIME, WE MAY HAVE AIR QUALITY IMPACT. WE MAY HAVE TRAFFIC IMPACT. SO IT'S SOMETHING TO THINK ABOUT. THEN WE HAVE THE UNUSUAL CIRCUMSTANCES EXCEPTION.
SO IT APPLIES WHEN THE PROJECT HAS UNUSUAL FEATURES OR CONDITION. FOR EXAMPLE, IF A PROJECT IS PROPOSED ON ON AN UNSTABLE SLOPE WITH LANDSLIDE RISK, THAT'S SOMETHING THAT IS VERY UNIQUE AND IT PROBABLY WILL NOT QUALIFY FOR AN EXEMPTION. THEN WE HAVE THE SCENIC HIGHWAY EXCEPTION. SO PROJECT THAT CAN IMPACT SCENIC RESOURCES. SO SCENIC RESOURCES ARE THREE HISTORIC BUILDING ROCK ROCK OUTCROPPING OR SIMILAR RESOURCES THAT ARE WITHIN AN OFFICIALLY DESIGNATED STATE SCENIC HIGHWAY. IF THERE IS ANYTHING LIKE THAT THE PROJECT WILL NOT BE EXEMPT.
HAZARDOUS WASTE. SO IF THE PROJECT IS LOCATED ON A SITE NEAR OR ON OR NEAR A SITE THAT IS LISTED AS HAZARDOUS UNDER, THEY ARE GOING TO BE EXCLUDED. SO USUALLY I RECOMMEND TO CHECK A SITE LIKE ENVIRO STAR OR GEO TRACKER. THOSE ARE DTSC. THE DEPARTMENT OF TOXIC SUBSTANCE CONTROL WEBSITE, AND THEY'RE GOING TO HELP YOU IDENTIFY IF THE SITE IS LISTED OR IF IT'S THE PROJECT IS CLOSE TO A SITE THAT IS LISTED. AND IF THAT IS THE CASE, THE PROJECT WON'T BE EXEMPT. AND FINALLY, WE HAVE HISTORICAL RESOURCES. SO IF THE PROJECT MAY CAUSE A SUBSTANTIAL ADVERSE CHANGE TO A HISTORICAL RESOURCE, THE EXEMPTION WON'T BE AVAILABLE. SO AN AGENCY ACTION
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THERE IS AN AGENCY ACTION. IT QUALIFIES AS A PROJECT UNDER SEQUA AND THERE ARE NO EXEMPTIONS AVAILABLE. SO WHAT WHAT'S NEXT? USUALLY AN INITIAL STUDY IS WHAT'S NEXT. SO AN INITIAL STUDY IS A SCREENING TOOL THAT WE USE TO DETERMINE WHAT TYPE OF ENVIRONMENTAL DOCUMENT IS REQUIRED. AND ALSO TO IDENTIFY THE SIGNIFICANT IMPACT TO BE ANALYZED. IF AN EIR IS REQUIRED. SO FIRST, IF THE INITIAL STUDY SHOWS THAT THE PROJECT WILL HAVE NO SIGNIFICANT IMPACT, THEN WE CAN PREPARE A NEGATIVE DECLARATION. IT'S THE SIMPLEST CEQA DOCUMENT AND USUALLY WE CALL THEM IS INITIAL STUDY SLASH NEGATIVE DECLARATION. IT'S GOING TO BE COMPILED IN THE SAME DOCUMENT. BUT SOMETIMES THE INITIAL STUDY FINDS THAT THE PROJECT COULD HAVE POTENTIAL SIGNIFICANT IMPACT FOR, FOR INSTANCE, ON TRAFFIC, AIR QUALITY, GREENHOUSE GAS. BUT WE CAN REDUCE THOSE IMPACTS TO LESS THAN SIGNIFICANT THROUGH MITIGATION MEASURES. IN THAT CASE, WE PREPARED WHAT'S CALLED A MITIGATED NEGATIVE DECLARATION OR ND. AND FINALLY, IF THE INITIAL STUDY REVEALS THAT THERE MIGHT BE POTENTIAL SIGNIFICANT IMPACT AND IT'S NOT CLEAR WHETHER IT CAN BE MITIGATED, THEN WE WILL PREPARE AN ENVIRONMENTAL IMPACT REPORT.SOMETHING TO NOTE IS THAT THE LEAD AGENCY CAN SOMETIMES THE LEAD AGENCY KNOWS FROM THE START THAT AN EIR IS REQUIRED, SO IT CAN SKIP THE INITIAL STUDY AND GO STRAIGHT TO PREPARING THE EIR. BUT ONE ADVANTAGE OF USING AN INITIAL STUDY IS IT CAN HELP YOU NARROW THE ENVIRONMENTAL IMPACT ANALYSIS, BECAUSE YOU'RE GOING TO IDENTIFY TOPICS THAT HAVE ABSOLUTELY NO IMPACT, AND THEY CAN BE SCOPED OUT OF THE EIR. SO IT'S STILL A GREAT TOOL, BUT IT'S NOT REQUIRED. IF YOU ARE SURE THAT AN IMPACT IS GOING TO HAVE THAT A PROJECT IS GOING TO HAVE IMPACT, YOU CAN SKIP THE INITIAL STUDY. OKAY. NOW I'M GOING TO WALK YOU THROUGH THE BASIC PROCEDURE WE FOLLOW WHEN WE PREPARE AND WE CIRCULATE ND OR ND. SO BEFORE CIRCULATING THE DOCUMENT, THE LEAD AGENCY MUST CONDUCT TRIBAL CONSULTATION UNDER AB 52. THIS IS A FORMAL PROCESS WHERE THE LEAD AGENCY NOTIFIES NATIVE AMERICAN TRIBES THAT HAVE REQUESTED CONSULTATION TO SEE IF THEY HAVE CONCERN ABOUT TRIBAL CULTURAL RESOURCES POTENTIALLY AFFECTED BY THE PROJECT. THIS IS A VERY IMPORTANT STEP, AND WE HAVE CASELOAD THAT HIGHLIGHT THAT THIS CONSULTATION HAS TO BE MEANINGFUL, MEANING THAT IF YOU CONTACT THEM AND EVEN IF IT TAKES A WHILE TO ANSWER, AND THEN YOU MUST FOLLOW UP WITH THEM, YOU MUST REALLY ENGAGE. SOMETIMES THEY ACTUALLY TAKE 2 OR 4 WEEKS TO ANSWER. IT'S ALWAYS GOOD TO SHOW THAT YOU FOLLOWED UP, THAT YOU TRIED AND, AND THAT ALL OF THAT WAS MEANINGFUL. SO WE CAN PUT ALL OF THAT IN THE ADMINISTRATIVE RECORD. SO ONCE THE DRAFT AND THE OR ND IS PREPARED AND TRIBAL CONSULTATION IS COMPLETE, THE LEAD AGENCY ISSUES WHAT WE CALL A NOTICE OF INTENT TO ADOPT THE, THE ND OR ND. AND THIS IS ESSENTIALLY THE OFFICIAL PUBLIC NOTICE THAT THE LEAD AGENCY PLANNED TO ADOPT THE DOCUMENT.
AND THIS IS REALLY IMPORTANT THAT YOU ISSUED. NO. AFTER TRIBAL CONSULTATION IS COMPLETE.
THAT'S ACTUALLY ONE OF THE RECOMMENDATIONS THAT WE GIVE AT BBQ TO ALWAYS MAKE SURE TRIBAL CONSULTATION IS COMPLETE. AND THE REASON IS MAYBE THE TRIBES ARE GOING TO ASK THAT YOU INCLUDE CERTAIN MITIGATION MEASURES AND MAYBE YOU YOU IDENTIFY THE IMPACT TO TRIBAL CULTURAL RESOURCE AS LESS THAN SIGNIFICANT, BUT MAYBE IT IS ACTUALLY SIGNIFICANT. SO WE DON'T WANT TO RECIRCULATE THE ND AFTER. SO YOU REALLY WANT TO MAKE SURE THAT THE CONSULTATION IS COMPLETE. THE NOI LET'S GO BACK TO THE NOI. MUST MUST BE SENT TO THE RESPONSIBLE AND TRUSTEE AGENCIES. SO MEANING OTHER AGENCIES THAT HAVE SOME DISCRETIONARY AUTHORITY OR
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JURISDICTION OVER THE PROJECT. THINK ABOUT THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE.AND ALSO YOU MUST SEND A NOTE TO THE OFFICE OF LAND USE AND CLIMATE INNOVATION. SO THE ACRONYM IS LCI. I MAY REFER TO IT AS LUCY JUST BECAUSE IT MAKES MORE SENSE. SO LUCY IS THE NEW NAME FOR WHAT USED TO BE OPR, THE OFFICE OF PLANNING AND RESEARCH. THEY CHANGED THEIR NAME LAST, LAST YEAR. SO. NEXT IS THE PUBLIC REVIEW PERIOD. SO TYPICALLY AND ND MUST BE CIRCULATED FOR 20 DAYS. BUT IF THE PROJECT INVOLVES A STATE AGENCY AS A LEAD AGENCY, A RESPONSIBLE OR TRUSTEE AGENCY, OR IF THE PROJECT IS OF WHAT WE CALL STATEWIDE OR REGIONAL OR AREA WIDE SIGNIFICANCE, THEN WE MUST HAVE A 30 DAY PUBLIC REVIEW. IN GENERAL, IT'S ALWAYS A GOOD IDEA TO ALLOW FOR 30 DAYS, ESPECIALLY IF THE AGENCY IF THE CITY IS COMFORTABLE TO IT, BECAUSE WE DON'T HAVE TO EXPLAIN WHY. ONLY 20 DAYS WERE PROVIDED. SO THE PUBLIC REVIEW PERIOD GIVES AGENCIES TRIBE AND THE PUBLIC IN GENERAL, A CHANCE TO COMMENT ON THE ADEQUACY OF THE DOMA BEFORE IT GETS FINALIZED. SO AFTER THE PUBLIC REVIEW PERIOD, THE LEAD AGENCY TYPICALLY PREPARED THE FINAL ND OR ND. CEQA DOES NOT REQUIRE FORMAL WRITTEN RESPONSES TO COMMENT ON AN ND, AND UNLIKE EIRS WHERE IT IS REQUIRED, BUT IT'S A BEST PRACTICE FOR THE AGENCY TO EXPLAIN WHY NO CHANGES ARE NEEDED OR HOW THE ISSUE RAISED HAVE BEEN ADDRESSED. SO WE RECOMMEND THAT YOU ANSWER THOSE QUESTIONS AND INCLUDE THEM IN THE IN THE FINAL EIR IN THE FINAL ND SORRY, THIS HELPS STRENGTHEN THE ADMINISTRATIVE RECORD AND REDUCE LEGAL RISK. IF THE DOCUMENT IS CHALLENGED WHEN THE ND OR ND IS READY, YOU CAN MOVE FORWARD WITH ADOPTION AND THE DOCUMENT CAN ONLY BE ADOPTED IF THE LEAD AGENCY DETERMINES, BASED ON THE WHOLE RECORD, THAT THERE IS NO FAIR ARGUMENT. THE PROJECT MIGHT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. SO THAT'S THE THRESHOLD QUESTION. EVEN IF JUST ONE PIECE OF CREDIBLE EVIDENCE IS PRESENTED, THEN AN EIR IS REQUIRED. SO LET'S TALK A LITTLE BIT ABOUT THAT BECAUSE THIS IS IMPORTANT.
AND EIR IS REQUIRED WHEN THERE IS SUBSTANTIAL EVIDENCE, IN LIGHT OF THE WHOLE RECORD, THAT A PROJECT MAY HAVE SIGNIFICANT ENVIRONMENTAL IMPACT. THE STANDARD IS REALLY LOW MAY. AND THIS IS SOMETIMES REFERRED TO AS THE FAIR ARGUMENT STANDARD. AND IT SETS A VERY RELATIVELY LOW BAR TO MAKE SURE THAT THE EIR IS PREPARED WHEN NEEDED. SO IT'S IMPORTANT TO UNDERSTAND THAT THIS THIS FAIR ARGUMENT STANDARD IS ALSO USED WHEN THERE IS A CHALLENGE TO A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. IN LITIGATION, THE COURTS REVIEW AND ND SORRY THE COURTS REVIEW OF AN ND IS NOT DEFERENTIAL TO THE CITY. SO IF AN OPPONENT PRESENTS A FAIR ARGUMENT THAT THAT THEY MAY BE A SIGNIFICANT IMPACT, THE COURT GIVES THE BENEFIT OF THE DOUBT TO THE OPPONENT, AND AN EIR MUST BE PREPARED. SO NDS ARE VERY VULNERABLE TO LEGAL CHALLENGE BECAUSE OF THIS STANDARD OF REVIEW AND THE THRESHOLD THE BAR TO REQUIRES AN EIR IS ACTUALLY PRETTY LOW. SO MOST OF THE TIME PROJECT OPPONENTS CAN CAN MEET THIS THRESHOLD. SO THAT'S SOMETHING TO KEEP IN MIND WHEN YOU PREPARE AN ND VERSUS AN EIR.
SO IF AN EIR IS REQUIRED BECAUSE YOU ARE YOU HAVE MET THIS THRESHOLD, THEN THERE ARE A FEW PROCEDURAL STEPS TO COMPLY WITH. THE FIRST ONE IS ISSUING A NOTICE OF PREPARATION. THE NOTICE OF PREPARATION OR NOP. START WHAT IS CALLED THE SCOPING PERIOD. THIS IS THE TIME WHERE
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WHEN AGENCIES, TRIBE AND THE PUBLIC CAN PROVIDE INPUT ON WHAT ISSUES AND ALTERNATIVES AND EIR SHOULD STUDY. KEEP IN MIND THAT AN EIR SHOULD DESCRIBE THE PROJECT, ANALYZE THE IMPACT, INCLUDE MITIGATION MEASURES, BUT ALSO ANALYZE ALTERNATIVES TO THE PROJECT. SO AND THAT'S WHAT THE SCOPING PERIOD IS ALL ABOUT. THE NOP MUST BE SENT TO ALL RESPONSIBLE AGENCIES TRUSTEE AGENCY AND THE OFFICE OF LAND USE AND CLIMATE INNOVATION. AND IT MUST ALSO BE SENT TO ANYONE WHO HAS REQUESTED IT. THE SCOPING PERIOD LASTS 30 DAYS, AND IT GIVES THE PARTY A CHANCE TO SUBMIT COMMENTS ON THE SCOPE AND THE SCOPE AND THE CONTENT OF THE EIR. IMPORTANTLY, IF THE LEAD AGENCY HAS NOT ALREADY STARTED A B52 TRIBAL CONSULTATION, THE NOP TRIGGERS THE FORMAL START OF THE CONSULTATION PROCESS, AND ONCE THE NOP OUT THE EIR TEAM, WHICH USUALLY IS STAFF AND THE EIR CONSULTANT, THEY CAN BEGIN DRAFTING THE ACTUAL EIR AND THE NOP. WE WILL HELP THEM GUIDE THEIR WORK BY HIGHLIGHTING KEY ENVIRONMENTAL ISSUES THAT NEED TO BE ADDRESSED. LET ME GIVE YOU. SO WHEN THE DRAFT EIR IS FINISHED, IT MUST BE RELEASED TO THE PUBLIC FOR REVIEW AND COMMENT. 45 DAYS FOR PUBLIC REVIEW IS REQUIRED WHEN THE PROJECT IS CIRCULATED THROUGH THE OFFICE OF LAND USE AND CLIMATE INNOVATION, OR WHEN THE PROJECT INVOLVES STATE AGENCY PERMIT, STATE AGENCY REVIEW, OR IS CONSIDERED A PROJECT OF STATEWIDE, REGIONAL OR AREA WIDE SIGNIFICANCE FOR SMALLER PROJECTS THAT DON'T MEET THIS, THOSE THRESHOLDS 30 DAYS IS USUALLY ENOUGH, BUT IN PRACTICE MOST OF THE PROJECT OFTEN REQUIRES THE 40 DAYS PUBLIC REVIEW BECAUSE THEY OFTEN INVOLVE STATE AGENCIES. SO IF YOU NEED A PERMIT FROM CDFW OR IF YOU NEED CDFW TO REVIEW SOMETHING, YOU WILL NEED 45 DAYS. ONE VERY IMPORTANT DETAIL IS THE LAST DAY OF THE COMMENT PERIOD MUST FALL ON A DAY WHEN THE LEAD AGENCIES OFFICE ARE ACTUALLY OPEN. SO A WEEKDAY. AND IF THE AGENCY'S CLOSED ON FRIDAY, IT HAS TO BE THE DAY BEFORE. SO THE THURSDAY OR THE FOLLOWING MONDAY, WE HAVE CASE LAW THAT IS VERY STRICT ABOUT IT. IF, FOR INSTANCE, YOU JUST DISTRIBUTE THE DOCUMENT FOR 30 DAYS AND THE 30TH DAY FALLS ON A SATURDAY, THAT'S GOING TO BE A PROCEDURAL DEFICIENCY. SO YOU'RE GOING TO HAVE TO START ALL OVER AGAIN. SO ALWAYS MAKE SURE THE LEAD AGENCY OFFICE ARE OPEN DURING THE LAST DAY OF THE PUBLIC REVIEW. AFTER THE PUBLIC COMMENT PERIOD ON THE DRAFT EIR CLOSES. THE NEXT KEY STEP IS PREPARING WRITTEN RESPONSES TO COMMENTS. UNDER CEQA, THE LEAD AGENCY IS REQUIRED TO RESPOND IN WRITING TO ALL WRITTEN COMMENTS THAT WERE SUBMITTED ON TIME DURING THE PUBLIC REVIEW PERIOD. SO THIS INCLUDES BOTH PUBLIC AGENCY AND MEMBER OF THE PUBLIC.COMMENT. WHILE IT'S OPTIONAL TO RESPOND TO RESPOND TO LATE COMMENTS, MEANING THOSE THAT COME AFTER THE CLOSING OF THE PUBLIC REVIEW, WE HIGHLY RECOMMEND THAT YOU RESPOND TO THOSE LATE COMMENTS, EVEN THOUGH TSCA DOES NOT REQUIRE IT. THIS WILL JUST SUPPORT THE ADMINISTRATIVE RECORD AND JUST MAKE THE DECISION STRONGER THAT YOU CONSIDER ALL COMMENTS ON THEM. SO THAT'S SOMETHING THAT WE HIGHLY RECOMMEND. THERE IS ALSO A SPECIAL RULE FOR AGENCIES. THE LEAD AGENCY MUST PROVIDE WRITTEN RESPONSES TO EACH COMMENTING PUBLIC AGENCY AT LEAST TEN DAYS BEFORE THE EIR IS CERTIFIED. THIS RULE DOES NOT APPLY TO INDIVIDUALS OR ORGANIZATIONS, ONLY TO AGENCY. BUT AGAIN, IT'S JUST GOOD PRACTICE TO KEEP ALL COMMENTERS INFORMED. FINALLY, THE RESPONSES MUST BE SPECIFIC. IT'S NOT ENOUGH TO SIMPLY ACKNOWLEDGE THE COMMENTS. THE LEAD AGENCY MUST EXPLAIN HOW THE COMMENT WAS ADDRESSED, WHETHER THE EIR WAS
[00:30:02]
REVISED, AND WHY NO FURTHER CHANGES WERE MADE. SO NOW LET'S DISCUSS WHETHER YOU'RE GOING TO APPROVE OR DISAPPROVE THE PROJECT AND HOW TO DO IT. LET'S START WITH EXEMPT PROJECTS. IF THE PLANNING COMMISSION OR CITY COUNCIL APPROVES AN EXEMPT PROJECT, THE RESOLUTION MUST INCLUDE A FINDING THAT THE PROJECT IS EXEMPT UNDER CEQA AND EXPLAIN WHY, FOR EXAMPLE, BY CITING TO THE SPECIFIC STATUTORY OR CATEGORICAL EXEMPTION. THIS IS REALLY IMPORTANT. THE RESOLUTION MUST DISCUSS IT, BUT ALSO THE AGENDA. THE AGENDA MUST SAY THE PROJECT IS EXEMPT UNDER THE CLASS ONE EXEMPTION OR UNDER THIS STATUTORY EXEMPTION, AND THE STAFF REPORT MUST ALSO EXPLAIN ALL OF THAT. AFTER APPROVAL, THE LEAD AGENCY SHOULD FILE A NOTICE OF EXEMPTION FILING. THE NOTICE OF EXEMPTION IS NOT LEGALLY REQUIRED, BUT WE HIGHLY RECOMMEND IT BECAUSE IT STARTS A 35 DAY STATUTE OF LIMITATION ON LEGAL CHALLENGES. IF NO NOTICE OF EXEMPTION IS FILED, THE STATUTE OF LIMITATIONS IS MUCH LONGER. IT'S 180 DAYS. SO WE HIGHLY RECOMMEND THAT YOU FILE AN NO. THE NO SHOULD IDEALLY BE FILED WITHIN FIVE WORKING DAYS AFTER THE PROJECT APPROVAL. THIS IS NOT A REQUIREMENT. THIS IS A BEST PRACTICE. IF IT'S AFTER THOSE FIVE DAYS, YOU CAN STILL FILE IT EVEN IF IT'S A WEEK AFTER. BUT THE LONGER YOU WAIT, THE MORE TIME THERE IS TO CHALLENGE THE EXEMPTION. PROJECT APPROVAL FOR A NEGATIVE DECK. SO FOR A PROJECT WITH A NEGATIVE DECLARATION OR A MITIGATED NEGATIVE DECLARATION, THE LEAD AGENCY MUST FIRST ADOPT THE ND AND CERTIFY IT BEFORE TAKING ACTION TO APPROVE THE PROJECT.ALSO, IF WE HAVE AN ND, THE AGENCY MUST ALSO ADOPT WHAT WE CALL A MITIGATION, MONITORING AND REPORTING PROGRAM. AT THE TIME OF THE PROJECT APPROVAL, THE. THE MRP ENSURES THAT THE MITIGATION MEASURE IDENTIFIES IDENTIFIED SORRY IN THE ND ARE ACTUALLY IMPLEMENTED. SO BASICALLY IT LOOKS LIKE A TABLE WHERE ALL MITIGATION MEASURES ARE LISTED. AND THEY'RE GOING TO EXPLAIN WHO'S IN CHARGE OF REVIEWING THEM, WHO'S IN CHARGE OF PAYING FOR THOSE MITIGATION MEASURE AND HOW TO IMPLEMENT THEM, THE TIMELINE, ETC, ETC. THIS IS REALLY IMPORTANT. SO THAT SHOULD ALSO BE ADOPTED DURING APPROVAL. AND AFTER THE PROJECT IS APPROVED, THE AGENCY SHOULD FILE A NOTICE OF DETERMINATION. AND WE'RE GOING TO TALK ABOUT THAT A LITTLE MORE AT THE END OF THIS PRESENTATION. PROJECT APPROVAL. WHEN YOU HAVE AN EIR. SO THE LEAD AGENCY MUST FIRST CERTIFY THE EIR BEFORE APPROVING THE PROJECT. CERTIFICATION MEANS THE AGENCY HAS COMPLETED THE EIR IN COMPLIANCE WITH SEQUA, AND HAS REVIEWED AND CONSIDERED IT. IF THE PROJECT HAS SIGNIFICANT AND UNAVOIDABLE IMPACTS, THE AGENCY MUST ALSO ADOPT WHAT WE CALL A STATEMENT OF OVERRIDING CONSIDERATION. AND I THINK I TALKED ABOUT THAT AT THE BEGINNING OF THIS PRESENTATION. THIS STATEMENT EXPLAINS WHY THE AGENCY IS PROCEEDING WITH THE PROJECT DESPITE THOSE SIGNIFICANT IMPACTS. AND ALSO IT'S GOING TO IDENTIFY THE PROJECT BENEFITS THAT OUTWEIGH THE ENVIRONMENTAL HARM. AFTER THE PROJECT IS APPROVED, THE AGENCY SHOULD AGAIN FILE A NOTICE OF DETERMINATION. SO LET'S TALK ABOUT THIS NOTICE OF DETERMINATION. AGAIN. IT'S RECOMMENDED FOR BOTH NEGATIVE DECLARATION AND EIR. IT MUST BE FILED WITHIN FIVE WORKING DAYS AFTER APPROVAL OF THE PROJECT. THIS IS REQUIRED. YOU HAVE FIVE DAYS TO FILE IT AND IT MUST ALSO BE POSTED WITH THE COUNTY CLERK AND STATE CLEARINGHOUSE. STATE CLEARINGHOUSE IS LUCY. FILING THE NOD IS CRITICAL BECAUSE IT STARTS A 30 DAY STATUTE OF LIMITATION FOR LEGAL CHALLENGES. IF THE NOD IS NOT FILED AND POSTED, THE STATUTE OF LIMITATION IS MUCH LONGER. IT IS 180 DAYS FROM APPROVAL OF THE PROJECT. SO THAT WAS A QUICK
[00:35:08]
OVERVIEW OF SOME OF THE BASIC, BASIC SQL CONCEPTS. WE HAVE OTHER PRESENTATIONS THAT CAN GO INTO MORE DETAILS. THE GOALS FOR TONIGHT WAS JUST TO GIVE YOU A BASIC OVERVIEW OF THE CEQA PROCESS. DO YOU HAVE ANY QUESTIONS? QUESTIONS? YEAH. MY NAME IS OSCAR FONSECA. FIRST AND FOREMOST THANK YOU SO MUCH FOR YOUR PRESENTATION. IT'S A LOT TOO MUCH. BUT OBVIOUSLY I'M ALSO LEARNING HERE. I'M, I'M INTERESTED IN KNOWING IF YOU ARE ABLE TO. I GUESS IT'S THE WAY MY, MY BRAIN WORKS, RIGHT. ARE YOU ABLE TO GIVE AN EXAMPLE OF, OF A CEQA, I GUESS ORDINANCE RIGHT. THAT THAT EVERYTHING WAS WAS NOT LOOKING GOOD FOR THAT PROJECT, BUT BECAUSE OF THE NEED IT WAS APPROVED, YOU KNOW, AND I'M, I'M INTERESTED IN KNOWING THAT NOT NOT THAT IT WOULD HAPPEN HERE IN COACHELLA, BUT AT THE SAME TIME, YOU JUST DON'T KNOW. RIGHT? THINGS TO BE CONSIDERED BEING MINDFUL BECAUSE, I MEAN, THE EASY PROJECTS I MEAN, IT'S, YOU KNOW, ANY PERSON THAT IS WILLING TO KIND OF READ THINGS, YOU KIND OF KNOW WHAT WHAT IT'S GOING TO PASS. RIGHT. BUT BUT I'M INTERESTED IN KNOWING MAYBE POTENTIALLY 1 OR 2 EXAMPLES THAT YOU CAN SHARE. AND AGAIN, IF I'M PUTTING IT ON THE SPOT AND YOU JUST DON'T KNOW, THAT'S OKAY.BUT I THINK FOR ME IT'S JUST KIND OF UNDERSTANDING WHEN EVERYTHING'S NOT LOOKING GOOD FOR THE PROJECT, BUT BECAUSE OF THE BENEFITS OVERALL, IT JUST DOES HAPPEN. RIGHT. SO ARE YOU TALKING ABOUT AN ORDINANCE OR JUST A PROJECT IN GENERAL HERE? I WOULD SAY BOTH. YEAH. I THINK WHAT HE'S ASKING FOR IS MAYBE LIKE A PROJECT WHERE A STATEMENT OF OVERRIDING CONSIDERATIONS WAS COMPLETED TO SHOW, YOU KNOW, WHILE THE EIR SHOWED THAT THERE IS GOING TO BE ENVIRONMENTAL IMPACT. YEAH. OKAY. THANK YOU SANDRA. OKAY. THERE YOU GO. NO PROBLEM. SO IN IN THIS SPECIFIC SCENARIO WE HAVE AN EIR BUT WE HAVE SIGNIFICANT AND UNAVOIDABLE IMPACT. I CAN GIVE YOU AN EXAMPLE. IF YOU DO A GENERAL PLAN UPDATE. AND THERE IS. AN HISTORICAL BUILDING THAT IS GOING TO BE IS GOING TO BE DESTROYED. OKAY. THAT MAKES SENSE. OKAY. ALL RIGHT. SORRY.
NO, NO, I APOLOGIZE. I'M TALKING TO MYSELF I APOLOGIZE, NO WORRIES. SO IF THERE IS A IF THERE IS A HISTORICAL BUILDING ON THE SITE THAT THE CITY INTENDS TO RENOVATE, TO DEMOLISH, BECAUSE YOU WANT TO YOU WANT TO DEVELOP THE SITE, RIGHT? SO THAT'S GOING TO BE A SIGNIFICANT IMPACT. DESTRUCTION OF CULTURAL RESOURCES ARE ALWAYS A SIGNIFICANT IMPACT. YOU CAN NEVER MITIGATE THAT. AND THAT HAPPENS QUITE OFTEN. SO YOU CAN STILL MOVE FORWARD WITH THE GENERAL PLAN UPDATE OR THE SPECIFIC PLAN OR WHATEVER PLAN YOU HAVE, AND YOU'RE GOING TO HAVE A STATEMENT OF OVERRIDING CONSIDERATION. AND THE STATEMENT, YOU'RE JUST GOING TO EXPLAIN WHAT THE BENEFITS OF THE PROJECT ARE AND THE BENEFITS. I THINK IT'S PRETTY STRAIGHTFORWARD. IT'S THAT YOU'RE GOING TO GENERATE GROWTH AND TAX REVENUE BECAUSE THIS SITE IS GOING TO BE DEVELOPED WITH MAYBE HOUSING, AND HOUSING IS A BIG NEED UNDER SEQUA AND ALSO UNDER STATE LAW. OR MAYBE YOU'RE GOING TO USE THIS SITE AS AS A TECH HUB. SO YOU'RE GOING TO HAVE, I DON'T KNOW, OFFICES OR HOSPITAL. AND AGAIN, IT'S GOING TO GENERATE TAX REVENUE, IT'S GOING TO GENERATE EMPLOYMENT. AND ALL OF THAT IS VERY BENEFICIAL FOR THE CITY.
AND IT USUALLY OUTWEIGHTS THE ENVIRONMENTAL HARM OF LOSING A HISTORICAL BUILDING. OKAY. DOES THAT MAKE SENSE? IT MAKES IT MAKES COMPLETE SENSE. YES, YES. GOOD. THANK YOU SO MUCH FOR THAT THOROUGH EXPLANATION THAT MAKES THAT'S A LITTLE BIT MORE PRACTICAL. YEAH, THAT WAS MY QUESTION. SORRY. HI, TIFFANY. THIS IS MY NAME IS CECILIA MURILLO. JUST KIND OF PIGGYBACKING ON THE EXAMPLE. SO THE ONLY WAY THE HISTORICAL BUILDING CAN BE DEMOLISHED IS IF IT BRINGS BACK MONEY INTO THE CITY. SO AN EXAMPLE OF US KEEPING THE HISTORICAL BUILDING WOULD BE IF TO SAY IT WAS GOING TO BE DEMOLISHED TO CREATE A PARK. SO IF IT'S SO, IF IT'S FOR EXAMPLE, A PARK, THEN THE BUILDING STAYS. BUT IF IT'S SOMETHING THAT BRINGS MONEY IN, THEN THE BUILDING GOES, THAT CAN BE THAT. BUT YOU CAN ALSO FIND THAT YOU NEED TO DEMOLISH THE BUILDING, EVEN TO BUILD A PARK, BECAUSE THERE IS A NEED FOR THE CITY TO HAVE THIS PARK, MAYBE BECAUSE YOU DON'T HAVE ENOUGH PARK AND THEN YOU'RE GOING TO BE COMPLIANT WITH OTHER
[00:40:05]
REGULATIONS. BY DOING SO, YOU HAVE PRETTY MUCH A LOT OF FLEXIBILITY WHEN YOU TRY TO EXPLAIN ALL OF THAT. SO IT'S ALWAYS GOOD TO SAY THAT YOU'RE GOING TO GENERATE GROWTH AND REVENUE, TAX REVENUE, EMPLOYMENT AND ALL OF THAT. BUT IF IT'S FOR A PARK, IT DOESN'T MEAN THAT YOU CANNOT DEMOLISH IT. BUT THE IN THE ALTERNATIVE WE'RE GOING TO IN THE IN THE ANALYSIS WE'RE GOING TO PROBABLY EXPLAIN WHY IT HAS TO GO. BECAUSE USUALLY WHEN IT'S A PARK, WE CAN STILL KEEP THE STRUCTURE UNLESS MAYBE THERE IS A SAFETY RISK. SO IF IT'S IF REALLY IT'S SO IT'S, IT'S IN SUCH A BAD CONDITION THAT IF WE KEEP IT, IT'S GOING TO HARM THE PUBLIC, THEN THAT'S A VERY VALID REASON TO REMOVE IT EVEN IF IT'S A SIGNIFICANT IMPACT. SO WHAT WOULD BE AN EXAMPLE OF WHERE THE BUILDING ABSOLUTELY STAYS SAY LIKE OKAY, YEAH, NO, THERE'S NO REASON TO BREAK IT DOWN. SO WHAT WOULD BE KIND OF LIKE THE COMPARISON TO THAT. YEAH, THAT MAKES SENSE. YEAH. I'M THINKING ABOUT AN EXAMPLE. I DON'T THINK I CAME ACROSS ONE. LET ME THINK LIKE A PARKING LOT OR. YEAH I THINK IT WILL COME ONLY IF THERE IS NO NEED TO DEVELOP THE SITE. IF, IF WITHIN YOUR PROJECT IT'S JUST IN YOUR, IN YOUR. FOR INSTANCE, LET'S TAKE THE EXAMPLE OF A GENERAL PLAN. IF THERE IS NO DESIRE TO DEVELOP THIS SITE YET, BUT YOU JUST WANTED TO DEMOLISH THE STRUCTURE, BUT THERE IS NO PLAN YET TO DO ANYTHING ON THIS SITE, THEN THERE IS NO REASON TO DEMOLISH THIS BUILDING. OKAY, SO THAT WILL BE A SCENARIO THAT COME TO MIND. SO AT THE END OF THE AT THE END OF THE DAY, AND AGAIN, I THINK IT'S APPROPRIATE BECAUSE HERE IN THE CITY OF COACHELLA, THERE'S A LOT OF HISTORICAL AREAS, ESPECIALLY HOW WE'RE RENOVATING AND MAKING SUGGESTIONS. SO AT THE END OF THE DAY, TIFFANY, I THINK OBVIOUSLY THROUGH LEGAL RIGHT AND APPROVAL THROUGH LEGAL IS HOW THE LANGUAGE IS BEING PRESENTED. RIGHT. AND, AND COMMUNICATING THE VALUE OF EITHER BEAUTIFYING AN AREA OR THE NEED OF ADJUSTING THAT PARTICULAR AREA WITH POTENTIALLY SOMETIMES DEMOLISHING A STRUCTURE. AND, AND VERBALLY EXPRESSING, YOU KNOW, THE VALUE OF THAT. CORRECT. AT THE END OF THE DAY, IT'S JUST A PERSPECTIVE, RIGHT? ANYTHING, ANYTHING CAN HAPPEN. BUT IT'S HOW HOW THAT RECOMMENDATION IS PUT UPON VERBALLY. DOES THAT MAKE SENSE? IT DOES MAKE SENSE. AND SO WHEN YOU PREPARE AN EIR, IT'S SOMETHING ALSO IMPORTANT. SO YOU HAVE THE STATEMENT OF OVERRIDING CONSIDERATION AT THE END TO JUSTIFY WHY YOU PROCEED WITH THE PROJECT. BUT ALSO AT THE BEGINNING YOU HAVE THE OBJECTIVE. SO YOU HAVE TO THINK ABOUT WHAT ARE THE OBJECTIVES OF THE PROJECT. AND THAT WILL THAT THAT WILL DEFINITELY HELP YOU DEFINE THE PROJECT, STRUCTURE THE PROJECT, AND ALSO THINK ABOUT ALTERNATIVES. SO I THINK YOU CAN ALSO THINK ABOUT THAT THIS WAY. WHAT ARE THE OBJECTIVES? WHAT'S WHAT'S THE GOAL. IF YOU HAVE AN HISTORIC RESOURCE THAT THAT YOU WANT TO DEMOLISH AND TRY TO EXPLAIN THAT IN YOUR GOAL. SO YOU CANNOT BE TOO SPECIFIC IN THE OBJECTIVE.YOU HAVE TO BE VERY LARGE. BUT THAT'S ALSO VERY IMPORTANT TO DEVELOP THIS OBJECTIVE, BECAUSE AT THE END WHEN YOU FINISH THE ANALYSIS, YOU'RE GOING TO SAY, WELL, THE PROJECT FIT WITHIN THE OBJECTIVE. AND THAT'S ALSO ONE OF THE REASONS WE'RE GOING TO PROCEED WITH IT. OKAY. THANK YOU. GOOD DEALS. GREAT. GREAT. WELL THANK YOU GUYS. THANK YOU. ALL RIGHT. YEAH. THANK YOU TIFFANY WE REALLY APPRECIATE THE PRESENTATION. OF COURSE. AND IF YOU HAVE ANY QUESTIONS YOU HAVE MY EMAIL. YOU CAN CONTACT ME. I WORK ON A LOT OF PROJECTS FOR THE CITY OF COACHELLA, SO I'M ALWAYS HAPPY TO ANSWER ANY QUESTIONS. AND THANK YOU VERY MUCH. THANK YOU. THANK YOU AND HAVE A WONDERFUL EVENING. THANK YOU. THANK YOU. GRACIAS. THANKS. ALL RIGHT. THAT WAS A LOT. THAT WAS A LOT. THANK YOU FOR I THINK YOU'RE EXACTLY KIND OF. I WASN'T USING THE PROPER TERMINOLOGY, SO I APPRECIATE I APPRECIATE THAT. LET ME STEP IN. SHE'S LIKE, I GOT IT. I KNOW WHAT OSCAR WANTS TO ASK WAS A REALLY COMPLICATED TOPIC. YEAH. BECAUSE IT SEEMS IT SEEMS THAT THAT IT'S ALL BASED ON, LIKE I SAID, BASED ON HOW IT'S PUT TOGETHER THE VALUE OF IT AND EVERYTHING, AND IT'S ALL
[00:45:03]
THIS BIG CONVERSATION WITHIN THE GUIDELINES. RIGHT. BUT THEN THERE'S SO MUCH GRAY AREA. YEAH.EXTREME GRAY AREA WITHIN THE GUIDELINES. RIGHT. AND SO THAT'S WHY I THINK SOMETIMES WHEN I STARTED THIS PROCESS IT WAS VERY. I WANT TO USE THE WORD DISHEARTENING BECAUSE IT WASN'T DISHEARTENING. IT WAS CHALLENGING FOR ME HOW I THINK. RIGHT. AND I THINK THAT'S WHAT I THINK. IT MAKES US GROW BECAUSE WE'RE CHALLENGING EACH OTHER, HOW WE LEARN AND HOW WE AND HOW WE THINK. DO YOU WANT? BUT ANYWAYS, IT WAS JUST IT WAS JUST TRYING TO KIND OF BECAUSE I, I'M HAPPY THAT YOU'RE ADMITTING TO THIS, THAT THE WAY IT WAS DESIGNED IS DESIGNED TO HAVE EXTREME GRAY AREA SO THAT EVERYBODY'S KIND OF EVERYBODY'S PERSPECTIVE IS RESPECTED, JUST LIKE ANYTHING ELSE, BUT RESPECTED WITHIN THE PROCESS. SO WHENEVER WHATEVER HAPPENS, WE LISTEN TO YOU. BUT AT THE END OF THE DAY, THE CONSENSUS IS THIS DOES THAT MAKE SENSE? BUT AT LEAST YOUR PERSPECTIVE WAS, HEY, KENDRA, I MEAN YOURS. I'M JUST SORRY TO INTERRUPT. JUST SO YOU KNOW, WE'RE STILL LIVE ON ZOOM. OH. I'M SOR
* This transcript was compiled from uncorrected Closed Captioning.