HomeMy WebLinkAbout2014-02-04_5_ClimateChange_MemoMEMORANDUM
Date: February 3, 2014
To: Members of the Newport Beach Land Use Element Advisory Committee
From: Woodie Tescher, The Planning Center I DC &E
Subject: Clarification of Mandates for Climate Change and Greenhouse Gas Emissions — Citywide and Project
Specific Applications
By statute, regions are obligated to establish targets and strategies to reduce greenhouse gas emissions (as
discussed in the December 13, 2013 memorandum). In its review of draft general plans and their environmental
impact reports, the State Attorney General extends this mandate to Local communities requiring establishment of
Local reduction on a citywide basis. Though a citywide obligation, the California Environmental Quality Act (CEQA)
requires that development projects statutorily subject to CEQA analysis (i.e., preparation of a complete
Environmental Impact Report, Subsequent or Supplemental EIR, Mitigated Negative Declaration, and Negative
Declaration) must also must document their potential emission impacts and prescribe pertinent mitigation
measures (see following text). Consequently, it would be inaccurate for the updated General Plan policies to Limit
their application for GHG emission reductions citywide, as in some cases, this requirement applies to development
projects.
By enacting SB 97 in 2007, California's lawmakers expressly recognized the need to analyze greenhouse gas
emissions as a part of the CEQA process. SB 97 required OPR to develop, and the Natural Resources Agency to
adopt, amendments to the CEQA Guidelines addressing the analysis and mitigation of greenhouse gas emissions.
Those CEQA Guidelines amendments clarified several points, including the following:
• Lead agencies must analyze the greenhouse gas emissions of proposed projects, and must reach a conclusion
regarding the significance of those emissions. When assessing the significance of impacts from greenhouse gas
emissions, a lead agency should consider the extent to which the project may increase or reduce greenhouse
gas emissions as compared to the existing environmental setting. (See CEQA Guidelines 5 15064.4.)
• When a project's greenhouse gas emissions may be significant2, lead agencies must consider a range of
potential mitigation measures to reduce those emissions. In the case of the adoption of a plan, such as a
general plan.... mitigation may include the identification of specific measures that may be implemented on a
project -by- project basis. (See CEQA Guidelines § 15126.4(c).)
• Lead agencies may significantly streamline the analysis of greenhouse gases on a project level by using a
programmatic greenhouse gas emissions reduction plan meeting certain criteria. (See CEQA Guidelines §
15183.5(b).)
• CEQA mandates analysis of a proposed project's potential energy use (including transportation - related
energy), sources of energy supply, and ways to reduce energy demand, including through the use of efficient
transportation alternatives. (See CEQA Guidelines, Appendix F.)'
Additionally, it is important to remember that Newport Beach's existing codes and ordinances mandate project -
level reductions in energy and water consumption, as Listed in the previous communication.
1
http://oag.ca.gov/environment/cega/Litigation-settlements and http://oag.ca.gov/environment/ceqa/tetters
Any project that does not reduce GHG emissions is considered to meet the criteria for significance and if mitigation measures are not
identified achieving reduction, the community must adopt overriding considerations in certifying the CEQA document
3 http: / /oag.ca.gov /environment /ceqa /letters