Why public comments are important:
After an Initial Study is completed, the City can then determine if the project could have a significant impact on the environment. The City must propose mitigation measures to reduce any impacts to less than significant "to the maximum extent feasible." The City then prepared a draft Mitigated Negative Declaration (MND) and published the document for public review for at least 30 days. After comments are considered, the City can either recirculate the MND if public comments required the project scope to substantially change, or the City can adopt the document. The City must file a Notice of Determination (NOD) after adopting the MND with a 30-day statute of limitations for legal challenge. If the City is presented with a fair argument that shows substantial evidence of the project having a significant environmental impact after mitigation measures are exhausted, the lead agency is required to prepare an Environmental Impact Report. Thus, in essence, a MND may only be used to satisfy CEQA requirements for projects with no significant unmitigated adverse environmental impacts (ND) or for which all potentially significant adverse impacts have been "avoided, reduced or minimized" to below the threshold of significance (MND). If significant impacts remain, an EIR must be prepared and a Statement of Overriding Considerations is necessary.
According to case law, the environmental impact report (EIR) is at "the heart of CEQA". An EIR serves to inform governmental agencies and the public of a project's environmental impacts. Further, an EIR is required to propose mitigations and alternatives which may reduce or avoid any significant adverse environmental impacts; as the EIR is considered the heart of CEQA, mitigation and alternatives are considered the heart of the EIR. One alternative that a lead agency must usually consider is the no project alternative, that is, cancellation of the project, with the future instead unfolding according to existing plans (i.e., the status quo). Among all the alternatives, the EIR identifies the environmentally superior alternative; if the environmentally superior alternative is the no project alternative, the EIR identifies the environmentally superior alternative among the other alternatives.[48]
The EIR process begins with the circulation of a Notice of Preparation (NOP) which informs the public, responsible agencies, trustee agencies, and the OPR that an EIR will be prepared for a given project. The NOP must include sufficient project description details and likely environmental effects such that agencies and public citizens can provide meaningful comments on the proposed project for analysis in the EIR.
According to case law, the environmental impact report (EIR) is at "the heart of CEQA". An EIR serves to inform governmental agencies and the public of a project's environmental impacts. Further, an EIR is required to propose mitigations and alternatives which may reduce or avoid any significant adverse environmental impacts; as the EIR is considered the heart of CEQA, mitigation and alternatives are considered the heart of the EIR. One alternative that a lead agency must usually consider is the no project alternative, that is, cancellation of the project, with the future instead unfolding according to existing plans (i.e., the status quo). Among all the alternatives, the EIR identifies the environmentally superior alternative; if the environmentally superior alternative is the no project alternative, the EIR identifies the environmentally superior alternative among the other alternatives.[48]
The EIR process begins with the circulation of a Notice of Preparation (NOP) which informs the public, responsible agencies, trustee agencies, and the OPR that an EIR will be prepared for a given project. The NOP must include sufficient project description details and likely environmental effects such that agencies and public citizens can provide meaningful comments on the proposed project for analysis in the EIR.
PREVIOUS COMMENTS SUBMITTED TO CITY:
Some comments were previously submitted to the City and are copied here:
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