Section 5: Initial Study Procedures for CEQA Compliance in the City of Richmond
This section outlines the process for preparing an Initial Study (IS) for CEQA compliance in the City of Richmond. The Initial Study serves as a preliminary analysis conducted by the Lead Agency to determine whether a project will require a Negative Declaration (ND) or an Environmental Impact Report (EIR). Below are detailed procedures and guidelines that must be followed during the preparation of the Initial Study.
5.1 Consultant Hiring for Complex Studies
In cases where the project’s environmental assessment involves complex studies or requires expertise in specific technical fields, the City may hire external consultants. These consultants will be responsible for preparing the Initial Study. The cost of hiring these consultants is borne by the project applicant. The funds for these services are drawn from the applicant’s project account, which is managed by the City of Richmond as part of its cost recovery program.
5.2 Conduct of the Initial Study
The Lead Agency is required to prepare an Initial Study for both public and private projects to determine whether they may have a significant environmental impact. The Initial Study must be completed for any project that does not qualify for an exemption from CEQA, as outlined in Section 4 of the CEQA Guidelines. The study should be initiated once the project application is deemed complete, and it must be finished within 20 days of this determination, although additional time may be allowed under specific circumstances.
If the staff planner or consultant concludes during the preparation of the Initial Study that the project will likely require an Environmental Impact Report (EIR), this information should be communicated to the applicant. In cases where the applicant agrees that an EIR is necessary, the Lead Agency can forgo preparing an Initial Study and proceed directly to the EIR process.
5.3 Consultation with Agencies and City Departments
During the preparation of the Initial Study, the Lead Agency must consult with all responsible agencies, trustee agencies, and relevant City departments. This step ensures that any agency or department with jurisdiction over or expertise in specific environmental or project-related issues is involved in the review. Consultation is essential for ensuring the thoroughness of the environmental analysis.
Agencies with specialized expertise in subject areas like transportation, wildlife conservation, or cultural resources may be contacted for input during this phase. Appendix B of the CEQA Guidelines provides a list of agencies that can be consulted. Typically, this consultation can be conducted through telephone conversations, but it may also involve formal correspondence.
5.4 Project Evaluation Criteria
The evaluation of a project’s potential environmental effects will be carried out using various criteria and checklists, as outlined below:
A. Initial Study Checklist
City planning staff will utilize an Initial Study Checklist (provided in Appendix C) to assess the potential environmental impacts of the project. The checklist will guide staff in evaluating the project's alignment with Richmond's General Plan, specific area plans, and previously prepared environmental reports.
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Projects without previous environmental documents: For projects that have not been evaluated in past environmental reports, the analysis will focus on determining whether the project may have significant adverse effects, based on criteria outlined in CEQA Guidelines Sections 15064, 15064.5, and 15065.
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Projects with previous environmental documents: If a project has been previously analyzed under CEQA, the focus will be on determining whether there have been any substantial changes to the project or its setting that would warrant further review, as outlined in Sections 15162, 15163, 15164, 15182, and 15183.
B. Archaeological and Historical Study
For projects located in areas with potential historical or archaeological significance, an archaeological or historical study must be submitted. The study should conform to the requirements specified in Section 15064.5 of the CEQA Guidelines.
C. Transportation Impact Analysis (TIA)
For projects that could result in a substantial increase in vehicle trips, a Transportation Impact Analysis (TIA) will be required. This analysis must use the Vehicle Miles Traveled (VMT) methodology as mandated by Senate Bill 375 and Section 15064.3 of the CEQA Guidelines. Contra Costa County’s Transportation Analysis Guidelines will also be applied to determine whether a project’s vehicle trips constitute a substantial increase.
D. Greenhouse Gas Modeling
CEQA requires that projects be evaluated for their greenhouse gas (GHG) emissions. Under Section 15064.4, the applicant must make a “good faith” effort to estimate GHG emissions using scientifically accepted methods. The analysis should focus on the project's incremental contribution to climate change.
E. Native American Consultation
The City is required to consult with Native American tribes to assess the potential for the project to impact Tribal Cultural Resources, as outlined in Public Resources Code Section 21074. The CEQA process requires written notification to tribes on the City's notice list within 14 days of determining that a project application is complete. Tribes must be given the opportunity to consult on the environmental review process.
F. Outside Review
If the City requires external review of specialized issues such as traffic, air quality, or biological resources, consultants from the City’s certified list will conduct these studies. The applicant will be responsible for any fees associated with this review, as outlined in the City’s cost recovery program.
G. Transmittal of Completed Initial Study to Applicant
Once the Initial Study is completed, the staff planner must send the study to the applicant, along with any preliminary environmental determinations. If the study finds that additional information is needed to assess potential impacts, the applicant may be required to submit more data or commission further studies.
H. Meetings with Applicant
If the Initial Study suggests that the project may have significant environmental effects, the staff planner should meet with the applicant to discuss possible mitigation measures or project alternatives. If the applicant agrees to implement these measures, the staff planner will revise the Initial Study to reflect the agreed-upon changes. These revisions must be documented in the Initial Study and formalized in writing by the applicant.
5.5 Determination Based on Initial Study
Once the Initial Study has been conducted, the staff planner will make a preliminary determination regarding the level of environmental review required for the project. This determination must be made within 30 days of the application being accepted as complete (unless an extension is agreed upon). The possible outcomes are:
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Negative Declaration (ND): If the project will not have a significant environmental impact, a Negative Declaration will be prepared.
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Mitigated Negative Declaration (MND): If the project could have a significant impact but these impacts can be mitigated through changes to the project or specific mitigation measures, a Mitigated Negative Declaration will be prepared.
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Environmental Impact Report (EIR): If the project is expected to have significant environmental impacts, an Environmental Impact Report will be required. Alternatively, a previously prepared EIR may be used if it adequately covers the project.
5.6 Mandatory Findings of Significance
The City of Richmond is required to prepare an Environmental Impact Report if it finds that a project may have any of the following significant environmental effects:
- The project could substantially degrade the environment or reduce wildlife habitats.
- The project could create short-term environmental benefits at the expense of long-term goals.
- The project’s cumulative impacts, when combined with other current or past projects, are considerable.
- The project may cause substantial adverse effects on human beings, either directly or indirectly.
5.7 Notification of Applicant
Once the staff planner, in consultation with the Planning Director, has made a determination, the applicant will be notified in writing. If additional information is required for the preparation of an EIR, this will also be communicated to the applicant. A copy of the Initial Study, if prepared, will be included with the notification.
This process ensures that the environmental impacts of projects within the City of Richmond are assessed thoroughly and in compliance with CEQA requirements.
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