NR 416 final study guide Questions With
Complete Solutions
INTRO TO PLANNING AND PERMITTING- Correct answer
Land use permitting process- Correct answer1. Applicant goes to permitting
agency to see if their project is subject to any exemptions. If exempt the project is
approved and permit issued.
2. If the project is not exempt it then goes it must go through the CEQA process under
the Lead Agency. It is decided whether a ND, MND, or EIR is required. The necessary
document, ND, MND, or EIR, is then submitted for review by the public and the Lead
Agency and revised accordingly.
3. If appealed multiple times it goes to court.
Key participants- Correct answerLead Agency, Responsible Agency, Trustee
Agency, Enviro Consultants, Public, and The Courts
Where does CEQA fit, what about other laws?- Correct answerCEQA is
triggered when a project is proposed in CA. Is an extension of NEPA and follows local,
state, and federal laws regarding environmental regulations.
CEQA OVERVIEW AND DOCUMENTATION- Correct answer
CEQA Objectives and mechanisms for attaining those objectives - Correct
answer1. Disclose environmental impacts (thru initial studies)
2. Avoid/reduce environmental damage (thru mitigation and monitoring)
3. Disclose agency decision making (thru findings and noticing requirements)
4. Increase public participation (thru scoping, legal system, and noticing requirements)
5. Promote intergovernmental coordination (thru scoping, noticing, NOP's )
CEQA Applicability
i. Public v. Private Projects- Correct answerPublic: responsible for project
planning, design, engineering, technical studies, environmental review, project approval,
construction/implementation, and oversight
Private: required to finance CEQA process, may conduct their own environmental
studies for consideration by the Lead Agency, but Lead Agency is not required to
accept; direct contact with environmental consultants not recommended.
, CEQA Applicability
ii. Discretionary v. Ministerial permit - Correct answerDiscretionary: requires
the exercise of deliberation or judgement when project decision is made
Ministerial:a decision applying fixed, objective standards with little or no judgement
required (most widely used statutory exemption)
CEQA Applicability
what is the definition of a project- Correct answerAn activity that is directly
undertaken by a public agency
Public works (construction activities, clearing or grading of land, improvements to
existing public facilities)
Planning (enacting zoning ordinances, adoption and amendment of local general plans)
CEQA participants- define and list examples, where do they fit into the process -
Correct answerthis has already been explained
CEQA Process
Phases- Correct answer1. Prelim review
2. Initial Study
3. ND, MND, EIR
CEQA Process
Steps within each phase... be prepared to identify the questions and understand the
implications.- Correct answerSee graphic in lecture slides
Exemptions- Correct answerCategorical: broad categories of exemptions that
have minimal adverse environmental effects
Class 1-33
Two part test
Exceptions apply only if there are unusual circumstances AND a potential for significant
impact (think Berkeley Hillside Preservation v. City of Berkeley)
Statutory: Used in emergency situations
Ministerial projects (Applies fixed, objective standard with little to no judgement; most
widely used statutory exemption)
Emergency
Fire, flood, earthquake, riot
Clear and imminent danger to public health and safety
Setting of certain rates, tolls, fares, or charges
Feasibility or planning studies
Agricultural/Urban infill housing
Complete Solutions
INTRO TO PLANNING AND PERMITTING- Correct answer
Land use permitting process- Correct answer1. Applicant goes to permitting
agency to see if their project is subject to any exemptions. If exempt the project is
approved and permit issued.
2. If the project is not exempt it then goes it must go through the CEQA process under
the Lead Agency. It is decided whether a ND, MND, or EIR is required. The necessary
document, ND, MND, or EIR, is then submitted for review by the public and the Lead
Agency and revised accordingly.
3. If appealed multiple times it goes to court.
Key participants- Correct answerLead Agency, Responsible Agency, Trustee
Agency, Enviro Consultants, Public, and The Courts
Where does CEQA fit, what about other laws?- Correct answerCEQA is
triggered when a project is proposed in CA. Is an extension of NEPA and follows local,
state, and federal laws regarding environmental regulations.
CEQA OVERVIEW AND DOCUMENTATION- Correct answer
CEQA Objectives and mechanisms for attaining those objectives - Correct
answer1. Disclose environmental impacts (thru initial studies)
2. Avoid/reduce environmental damage (thru mitigation and monitoring)
3. Disclose agency decision making (thru findings and noticing requirements)
4. Increase public participation (thru scoping, legal system, and noticing requirements)
5. Promote intergovernmental coordination (thru scoping, noticing, NOP's )
CEQA Applicability
i. Public v. Private Projects- Correct answerPublic: responsible for project
planning, design, engineering, technical studies, environmental review, project approval,
construction/implementation, and oversight
Private: required to finance CEQA process, may conduct their own environmental
studies for consideration by the Lead Agency, but Lead Agency is not required to
accept; direct contact with environmental consultants not recommended.
, CEQA Applicability
ii. Discretionary v. Ministerial permit - Correct answerDiscretionary: requires
the exercise of deliberation or judgement when project decision is made
Ministerial:a decision applying fixed, objective standards with little or no judgement
required (most widely used statutory exemption)
CEQA Applicability
what is the definition of a project- Correct answerAn activity that is directly
undertaken by a public agency
Public works (construction activities, clearing or grading of land, improvements to
existing public facilities)
Planning (enacting zoning ordinances, adoption and amendment of local general plans)
CEQA participants- define and list examples, where do they fit into the process -
Correct answerthis has already been explained
CEQA Process
Phases- Correct answer1. Prelim review
2. Initial Study
3. ND, MND, EIR
CEQA Process
Steps within each phase... be prepared to identify the questions and understand the
implications.- Correct answerSee graphic in lecture slides
Exemptions- Correct answerCategorical: broad categories of exemptions that
have minimal adverse environmental effects
Class 1-33
Two part test
Exceptions apply only if there are unusual circumstances AND a potential for significant
impact (think Berkeley Hillside Preservation v. City of Berkeley)
Statutory: Used in emergency situations
Ministerial projects (Applies fixed, objective standard with little to no judgement; most
widely used statutory exemption)
Emergency
Fire, flood, earthquake, riot
Clear and imminent danger to public health and safety
Setting of certain rates, tolls, fares, or charges
Feasibility or planning studies
Agricultural/Urban infill housing
