🚀 go-pugleaf

Craig Anderson wrote:
> 
> To any CEQA experts out there:
> 
> I'm in the process of fighting a proposed parking structure in our
> downtown. Our General Plan has a policy which requires the preparation of
> a study of alternatives before another parking structure can be built.
> Downtown merchants and some City Council members want to amend the
> General Plan to delete this policy and proceed with the construction of
> the structure ASAP.
> 
> Question: does amending the General Plan to remove this policy constitute
> a "project" under CEQA? From every reference I've contacted so far, it
> does. However our City staff determined that this GPA was "not a
> project".
> 
> Is the City pullin' a fast one or am I grasping at straws?
> 
> canderso@slonet.org

A "project" under CEQA is (as a rule of thumb) any discretionary 
action by a public agency which may have an adverse impact on the 
environment.  There is a list of catagorigal exemptions, but a change 
in the Geleral Plan Circulation or Land Use elements are not exempt.

It may be difficult to show a "fair arguement that a significant impact 
may occur" from the deletion of a policy that requires studies.  
However, a party who submits written comments under CEQA can 
challenge a Notice of Exemption or Negative Declaration as inadequate 
under CEQA within 30 days of the City's filing of a Notice of 
Determination. .

At any rate is is important to note that a City may only amend its 
General Plan four times a Year and can only do so after providing a 
ten day public notice prior to holding a public hearing.  The change in 
the General Plan must be adopted by Resolution..