Have you ever wondered about what a Planning Commissioner does?

Have you ever wondered about the California Environmental Quality Act (CEQA), environmental impact reports, and negative declarations? 

A) The Governor’s Office of Planning and Research (OPR) has good online publications and webinars explaining CEQA for everyone from the beginner to the expert.  (https://opr.ca.gov/ceqa/ )  

B) CEQA Basics is a short summary of environmental review and how citizens can participate in the process. (https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwix_rynurT_AhU3JkQIHdO6AAIQFnoECC8QAQ&url=https%3A%2F%2Fsustainablehumboldt.org%2Fwp-content%2Fuploads%2F2022%2F03%2FCEQA-Basics-Citizens-Guide-to-Effective-Public-Participation-FINAL-052121.pdf&usg=AOvVaw3Yr2g0oD63C0ETckLFE2hv )    

C) Mitigated Negative Declarations explains when a development is eligible to use a truncated environmental review known as a mitigated negative declaration (MND) to comply with CEQA instead of an environmental impact report (EIR). (https://opr.ca.gov/docs/MND_Publication_2004.pdf )   

A Mitigated Negative Declaration is a less expensive and shortened environmental review that rewards an applicant who has agreed up front to measures to reduce the potentially significant impacts of a proposed project. However, it has specific requirements and practical limitations.    

There are a number of requirements of a Mitigated Negative Declaration, and the Initial Study that supports it. As explained on page three, the Initial Study “must evaluate the whole of a project,” not just part of it.  The Initial Study must be a “good faith effort to determine whether there is substantial evidence that the project would result in any significant environmental effect.” Neither an applicant’s consultant nor agency staff can prepare an Initial Study with blinders on. As explained on page 5, an MND can be used only when, “All potentially significant effects of the project can and will be avoided or mitigated to a less than significant level.” “The project changes and mitigation measures must be agreed to or made by the proponent before the draft MND is circulated for public review and comment.” As noted on page 6, “Effective mitigation measures are those written in clear, declaratory language specifying what is required to be done, how it is to be done, when it is to be done, and who will be responsible for doing it.” The MND must be circulated for public review and comment. (See page 7.) Also, the agency must approve a monitoring and reporting program to make sure the mitigation is implemented. (See page 8.) 

As explained on page five, the “fair argument test” is the practical limitation on the use of a MND instead of the longer and more expensive environmental impact report (EIR).  “[I]f a fair argument can be made on the basis of “substantial evidence” in the record that the project may have a significant adverse environmental impact – even if evidence also exists to the contrary – then an EIR is required.” Agency and public comments often provide such arguments and evidence which have been overlooked in the initial study. 

Sometimes a MND is later prepared for a small project that is part of a larger undertaking for which an EIR was previously prepared. “Of course, any potential significant effects that were not examined in the previous EIR must be avoided or completely mitigated if a MND is to be adopted. A MND is not recommended when the document on which it is being tiered has identified unavoidable significant cumulative effects.” (See page 9.) 

D)  CEQA Statute and Guidelines is an annual publication of the Association of Environmental Professionals that provides you with not only the updated version of the CEQA statute and regulations, but also a summary of the prior year’s legislative changes and judicial decisions. (https://www.califaep.org/statute_and_guidelines.php ) 

Have you ever wondered what a planning commissioner does? 

Below are links to documents explaining how a planning commissioner does the job.   

A) The Planning Commissioner’s Handbook is a full guide to the planning, public engagement, financial, and legal duties of a planning commissioner. (https://www.ilgplanninghandbook.org/ )

            B) The Planning Commissioner’s Role is a twelve-page overview of the tasks of a planning commissioner at (https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwi-7eOUvbT_AhV2M0QIHfICAsUQFnoECBIQAQ&url=https%3A%2F%2Fwww.ca-ilg.org%2Fsites%2Fmain%2Ffiles%2Ffile-attachments%2Fresources__PCH_sec1.pdf&usg=AOvVaw1lJNrnLZk3YPvIm_Rz6Lva ).  

Page two of the document lists many duties of a planning commissioner. They review applications for development projects for consistency with the general plan, zoning ordinances, and other policies and procedures. They help to implement the general plan, make recommendations regarding the zoning ordinance updates, and review public works projects for consistency with the general plan. 

Pages three through eight of the document give commissioners tools to help them navigate the ethical questions that arise for planning commissioners. 

Pages nine through twelve provide tips on building productive relationships with planning staff, consultants, the Board of Supervisors and the media. 

C) The Nuts and Bolts of Project Review is a three-page guide to project review for planning commissioners at (https://www.ca-ilg.org/sites/main/files/file-attachments/2010_-_landusenutsbolts_tab_0.pdf?1393533588 )    

D) The Guide to Local Planning is a more detailed explanation of each type of task that may come before the planning commission. (https://www.ca-ilg.org/sites/main/files/file-attachments/2010_-_landuseplanning.pdf?1387495993 )

E) A Glossary of Land Use and Planning Terms may help you find your way if you get lost in the jargon of this field of study. (https://www.ca-ilg.org/sites/main/files/file-attachments/2010_-_landuseglossary_0.pdf?1393533588 )    

F) The Brown Act is a the very detailed guide to the public notice, the public comment, and the public hearing requirements that apply to local government meetings like those of the Planning Commission. (https://oag.ca.gov/sites/all/files/agweb/pdfs/publications/brownAct2003.pdf )

G) Summary of the California Public Records Act explains which planning department documents are public records and how you can get access to them. (https://oag.ca.gov/sites/all/files/agweb/pdfs/publications/summary_public_records_act.pdf )   

H) The 2017 General Plan Guidelines is a step-by-step cookbook for a local government to follow when adopting and implementing a general plan for its jurisdiction. It also provides links to communities that have successfully implemented solutions to their local land use challenges. (https://opr.ca.gov/docs/OPR_COMPLETE_7.31.17.pdf) 

I) Planning, Zoning, and Development Laws allows you to truth check what you hear lawyers say at planning commission hearings. (http://opr.ca.gov/docs/PZD2012.pdf )  

Please note that a good source of basic planning information is the website of the Institute for Local Government.  You can find their land use publications at https://www.ca-ilg.org/land-use . Another good source of online planning publications is the Governor’s Office of Planning and Research (OPR). (http://opr.ca.gov/publications.html ).