Reprinted from CALIFORNIA ENVIRONMENTAL QUALITY ACT: Best Practices by Jurisdictions and Architects (January 2009), commissioned by The AIACC Capitol Forum Housing and Hospitality Practice Group.
The California Environmental Quality Act (CEQA), enacted in 1970, was originally intended to apply only to public projects. Today, following numerous revisions and interpretations by the California Supreme Court, it applies to nearly all projects in California.
CEQA is a statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. It applies to any projects undertaken by either a public agency or private activity which 1) must receive some discretionary approval from a government agency, and 2) which may cause either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment.
Environmental impacts may be disclosed in Environmental Impact Reports (EIR) or Negative Declarations (no EIR required). Some projects may be exempt by operation or included in a list of Categorical Exemptions. The complexity of CEQA requirements often adds time and expense to proposed projects, and the lack of clear definitions may lead to litigation by special interest groups.
The [AIA California Council’s] Capitol Forum Housing and Hospitality Group commissioned this 2008 report as a response to CEQA impacts on projects at member firms. The purpose of the study is to identify “best practices” employed by architects, planners and jurisdictions which, when implemented, facilitate the process and result in better outcomes. Content of the report is based on interviews with architects, planners, EIR consultants and various government officials involved with implementing CEQA.
Anecdotal evidence suggests that it is possible to realize faster turnaround times, reduce costs, improve community relationships and complete more projects. Success stories from five California jurisdictions, each employing different yet effective approaches, clearly illustrate the opportunities for improvement.
Additionally, interviews with AIACC members for this report demonstrate that architects can implement certain “best practices” internally to mitigate many of the CEQA challenges for themselves, and for their clients.
Architects can have a very positive influence on CEQA approval outcomes, reduce the need to go to full EIRs, and streamline the process by incorporating certain “best practices” into the design and preparation of submittal documents. Savvy architects, experienced with the CEQA process, begin to formulate their strategies for meeting CEQA requirements as soon as the commission is accepted.
The first step in a successful strategy is to clearly identify and understand the jurisdiction and the desirability of the project. Jurisdictions that are pro-growth and projects that generate revenue, such as retail development, are often a winning combination that makes it easier to obtain fast approvals. However, no matter how appealing or challenging the project might be, each jurisdiction has its own “corporate culture” that must be dealt with and a process that must be followed.
Mark Butler, National Park Service, adds, “When working within a jurisdiction, know the directives of the jurisdiction, such as general plans and community goals. Know the stipulations for the plan, the key requirements. And be familiar with the processes. An excellent resource is The CEQA Deskbook by Bass, Herson and Bogdan.”
Art Balourdas, AIA, The Arcadia Group, offers a warning: “Try to anticipate what the jurisdiction wants. Don’t assume they have told you everything; there are often hidden agendas.” And also a tip:
- Identify special programs: Always ask about special programs similar to the San Diego Affordable Housing Expedite Program, because they can save significant time and money.
Before beginning design work, Andy Taylor, AIA, makes his first call on a new project to Jim Chugula, local planning consultant. Jim worked for the county in the past, and he knows the planning boards, the process, what the city feels is important, and the possible roadblocks. Jim offers the following tips:
- Hire a local expert: Hire someone local who has good relationships with city staff, understands the general plan and any EIRs, is familiar with the city/county politics, understands the procedures required, and can work directly with decision makers. If you choose the right person, the city will tell them what needs to be done to comply right from the beginning.
Linus Naujokaitis, AIA, LMA Consulting Group, agrees: “Hire someone with former planning and community connections. With insider information there is more opportunity to get the application right the first time, and to gain direct access to planners to resolve issues and gain critical information.”
- Check for consistency in reports: One of the key functions Jim provides is checking and double checking all technical reports and plans. His job is to make sure the reports match in their findings and to spot inconsistencies that would raise “red flags” and must be rectified before a submittal package is delivered.
Jay Clark, AIA, RTKL, agrees with Andy and Jim that clearly understanding the requirements before going to design is critical. He suggests:
- Understand CEQA: Understanding CEQA first hand and any restrictions is critical. Always find out if any hearings are required first. Determine any impacts and exemptions. Different parts of the city will have different requirements.
- Communicate restrictions to the client: Clients need to understand the process, the restrictions, and any possible uncontrollable delays. Jay gives the example of an upcoming street-widening project by the city that would take precedence over outside development and would take ten feet off of the property.
Johanna Street, AIA, also believes in getting expert advice before designing, especially in environmentally sensitive or historical areas. Her suggestions are:
- Hire an “expert” architect: Add a landscape architect or preservation architect for historical buildings and districts upfront to assess concerns and suggest mitigations.
- Research rehabs carefully: For buildings built more than fifty years ago, meet with the planning board before beginning any designs. Pull files, be aware of prior actions, and identify any historical ranking to avoid possible lawsuits and injunctions.
Robert Sabbatini, AIA, concurs. He also suggests hiring a landscape architect or planner before designing to site the building, and engaging with environmental consultants who can identify possible impacts and allow the architect to “self-mitigate” before the actual preparation of the EIS or EIR. The better informed you are about the requirements, the better the plan and the fewer the changes. Other best practices include:
- Incorporate environmental work into design: To save significant time and reduce the need for changes, environmental impact modifications should be done at the same time as the project work.
- Early public involvement: Get the public involved as quickly as possible, and attend all public meetings to understand possible concerns and hear their ideas. “You may not agree with what they have to say, but you do need to understand what lies at the foundation of their issues or the ideas that they put forth. Your responses will be that much better informed.”
Ron Lichau, Lichau & Associates, Auburn, CA suggests:
- Build relationships with the staff: Talk with the people involved so that you clearly understand the concerns that will help you negotiate acceptable solutions.
- Be flexible: Make yourself easy to work with, and work with the natural materials available to you. Soften the designs, be aware of the issues, such as traffic, water impact, and vegetation, and work with them.
Hector Reyes, AIA, is a strong proponent of the architect taking the lead and coordinating the right team to streamline the process. In some ways, the architect needs to act as a “creative bureaucrat.” Once the team is in place, he suggests:
- Adopt a can-do approach with environmental groups: Hector always meets personally with environmental groups on a new project. He does not bring drawings, just a project outline, and asks for the top five concerns and issues in order of priority. He believes in going to the source, i.e., Fish and Game, FEMA, Army Corps of Engineers, and finding out what affects them. Armed with their input, he can confer with his client and start his drawings. Clients need to understand the possible impact on their projects before technical studies are even begun.
- Customize reports: “If you just submit boilerplate information, you get boilerplate back.” Get technical studies done ahead, insist on thirty-day turnaround time, and offer the completed reports to the jurisdiction upfront. Make the information specific to your project. For example, traffic studies should reference specific streets. Use the data to make your project look favorable. Your goal should be to get a “comments” letter back, not just a response letter.
- Encourage a “holistic” approach with developers: Create a “flexible” vision with developers and encourage them to keep “an open mind” to make it easier to get project approval. Prepare them to work with the community.
- Insist on a preliminary project review: Hector elaborates: “Insist on a preliminary project review and meeting to go over the procedures and required documentation with all key city staff personnel and get their comments in writing. Bring your consultant team to the review meeting and be assured that their counterparts at the city attend as well.”
The jurisdictions themselves and planners have more “best practices” they recommend for architects that will help streamline the process and result in more favorable outcomes.
John Conley from the City of Vista offers the following observations:
- Present a complete package: It is highly recommended that applicants complete the project design and plans, have all consultants on board, and anticipate technical studies.
- Take advantage of early review processes: If a Preliminary Review is available, participate; if not, ask for one. Preliminary reviews can substantially reduce turnaround time by eliminating roadblocks at the earliest stage and bring city staff together with stakeholders to improve communication, eliminate inconsistencies.
- Good attitude: It is very helpful if the applicants are prepared and willing to be responsive to the comments of city staff and act on their recommendations.
The Planning Center in Costa Mesa works with architects and jurisdictions to provide faster turnaround, reduce costs, and streamline the process. Their recommendations include:
- Whenever possible and advantageous, hire your own EIR consultant: This avoids RFP delays from the jurisdiction and provides open, direct communication. Make sure the consultant is familiar with the jurisdiction’s requirements and general plans. It is recommended that you find someone who has worked successfully in that jurisdiction on other projects. Check references.
- Follow the mandatory CEQA checklist: Appendix G of the CEQA guidelines provides a “laundry list” to follow that insures the application is complete.
- Good land planning: A common roadblock is land planning. Make sure designs incorporate as much open space as possible. Mark Hornberger, FAIA, agrees. His tip is, “Put high density projects in urban areas and preserve the open spaces.” A good design will go through the process much quicker.
- Architect involvement: Architects need to be involved and provide detailed plans upfront that incorporate the following areas: texture, lighting, parking, net square footage, height, and variances, among others. The project description needs to include construction detail, air quality, and noise quality.
Jeff Harlan, Senior Planner with the Planning Center, emphasizes the importance of advance planning and public involvement from the very beginning. Once the plan is completed, good design within the guidelines insures getting through the process quickly. He adds that good jurisdictions are open to being educated and working with planners.
And finally, The Platinum Triangle website for the City of Anaheim points out the benefits of using Program EIRs in the Executive Summary to their current DSEIR: “The Program EIR still serves a valuable purpose as the first-tier environmental analysis. The CEQA Guidelines (Section 15168(h)) encourage the use of Program EIRs, citing five advantages:
- Provide a more exhaustive consideration of impacts and alternatives than would be practical in an individual EIR;
- Focus on cumulative impacts that might be slighted in a case-by-case analysis;
- Avoid continual reconsideration of recurring policy issues;
- Consider broad policy alternatives and programmatic mitigation measures at an early stage when the agency has greater flexibility to deal with them;
- Reduce paperwork by encouraging the reuse of data (through tiering).”
Originally published 1st quarter 2009, in arcCA 09.1, “Entitlements.”
