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Standards
of significance used in an EIR are often developed by the
consultants and agency staff preparing the EIR on a case
by case basis, based on their assessment of the evidence
relating to each impact. EIR preparers often rely on ordinances,
regulations or plans adopted by the lead agency that provide
standards relating to environmental issues as guidance when
formulating such standards. See National Parks & Conservation
Assn. v County of Riverside (1999) 71 CA4th 1341, 1358 (court
upheld EIR's use of county residential noise standards as
the standard for assessing the significance of the project's
noise impacts to nonwilderness areas of a national park).
The
CEQA Guidelines also suggest several other appropriate sources
of standards of significance:
A.
Formal Thresholds Of Significance Adopted By The Lead Agency.
Section
15064.7 of the CEQA Guidelines encourages lead agencies
to adopt and publish "thresholds of significance" for general
use in determining whether environmental impacts are significant.
A threshold of significance is defined as "an identifiable
quantitative, qualitative or performance level of a particular
environmental effect." 14 Cal Code Regs § 15064.7(a).
Once
such thresholds are established, an impact which complies
with the applicable threshold will "normally" be found insignificant
and an impact which does not comply with the applicable
threshold will "normally" be found significant. Id.
Such
thresholds of significance must be adopted by ordinance,
resolution, rule, or regulation, be developed through a
public review process, and be supported by substantial evidence.
14 Cal Code Regs § 15064.7(b).
B.
Environmental Standards Of General Application.
Under
section 15064(h) of the CEQA Guidelines, a change to the
environment is not a significant environmental effect if
the change complies with an adopted environmental standard
of general application. 14 Cal Code Regs § 15064(h)(1)(A).
The premise of this Guideline is that an environmental impact
ordinarily should not be found significant if it is consistent
with a formal standard adopted by a regulatory agency to
protect the environment.
To qualify
as a standard of general application, specific requirements
must be met. The standard must: (i) specify a quantitative,
qualitative or performance requirement and be contained
in a statute, ordinance, resolution, rule, regulation, order,
or other agency action of general application;
(ii)
be adopted for purposes of environmental protection;
(iii)
implement, interpret, or make specific the law enforced
or administered by the agency and be adopted through a public
review process;
(iv)
govern the same environmental effect as is evaluated in
the CEQA document; and
(v)
be applicable within the jurisdiction where the project
will be located. 14 Cal Code Regs § 15064(h)(3).
Note
that the provisions of this Guideline are not limited to
standards adopted by regulatory agencies. Significance thresholds
adopted by the lead agency which meet these requirements
may also serve as an applicable "environmental standard."
14 Cal Code Regs § 15064(h)(4).
Under
Guideline § 15064(h)(1)(A), an impact that complies with
an environmental standard of general application should
ordinarily be treated as less than a significant effect.
A lead agency may, however, determine that it is not appropriate
to apply a relevant standard of general application to a
particular project as long as such a determination is supported
by substantial evidence in light of the whole record. 14
Cal Code Regs § 15064(h)(1)(C). The agency then must determine
whether the effect will be significant in accordance with
the other provisions of the Guidelines. Id.
C.
Significance Standards In The CEQA Guidelines.
An agency
may also turn to the environmental impact checklist in Appendix
G of the CEQA Guidelines for guidance regarding what impacts
should be considered significant. The questions in the Appendix
G checklist are derived largely from environmental standards
found in various environmental laws and regulations, provisions
of the CEQA Guidelines, and significance thresholds that
agencies commonly use.
Although
Appendix G is designed to provide a checklist that agencies
can use as an initial study for determining whether an EIR
is required, some lead agencies use the standards in Appendix
G as a basis for defining significance thresholds in an
EIR.
The
CEQA Guidelines also include standards defining impacts
to biological, historical and archaeological resources that
will trigger the need to complete an EIR. Many agencies
use these same standards as significance thresholds in an
EIR. For example, Guideline § 15065 states that an EIR must
be prepared if a project has the potential to substantially
reduce the habitat of a fish or wildlife species, cause
a fish or wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal community,
or reduce the number or restrict the range of an endangered,
rare or threatened species. 14 Cal Code Regs § 15065(a).
Similarly, the statute and Guidelines also contain standards
for finding a significant effect when a project may adversely
affect historical archaeological resources. Pub Res C §§
21084.1, 21083.2(a); 14 Cal Code Regs §§ 15064.5(b), (c).
Although these mandatory standards apply to determinations
whether to prepare an EIR, lead agencies often use these
standards as significance thresholds in an EIR.
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