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Frequently Asked Questions
Additional FAQs about the Environmental Review Process
- What is
the schedule for EIR preparation?
- Does the
City plan to circulate two NOPs?
- What technical studies will be conducted for the EIR?
- How will
the EIR alternatives be selected?
- What is the most effective way to participate in the EIR process?
- What is the relationship of the proposed Saltworks Project to the
newly adopted General Plan?
- Will a federal environmental document be prepared under NEPA?
- How will Redwood City interact with other cities and agencies
around the Bay?
- How will the Topic Focused Scoping Meetings work?
- How will questions about the EIR process be answered?
- What is the schedule for EIR preparation?
Preparation of the Environmental Impact Report (EIR) for the Saltworks Project started in May 2010 with the selection of the City’s EIR consultant. The remainder of 2010 and the beginning of 2011 will be utilized for the Scoping Process (please see the Project Roadmap). “Scoping” refers to a process under the California Environmental Quality Act (CEQA) whereby the lead agency (here, the City of Redwood City) invites other agencies and the public to share their views regarding the information the agencies and the public would like to see included in the EIR. Because the proposed Saltworks Project, if approved, would affect many local and regional resources, the City has set aside an extended amount of time (139 days instead of the standard 30 days) to gain an understanding of public and agency concerns and suggestions for the EIR. After the Scoping Process is completed, the Draft EIR will be prepared. After receiving public and agency comments on the Draft EIR, a Response to Comments document and Final EIR will be prepared. Outlining a specific schedule is not realistic at this time since the durations of each phase of the process may change based on public and agency input.
- Does the City plan to circulate two NOPs?
Yes, the City is planning to prepare two Notices of Preparation (NOP) for the Saltworks Project EIR. An NOP is required under CEQA to notify public agencies that an EIR is being prepared. The first NOP issued on October 12, 2010 uses the project description included in the application submitted to the Redwood City Planning, Housing and Economic Development Department in May 2009 (“Redwood City Saltworks 50/50 Project”). The City has found that the current project description provided in the application materials provides enough information about the proposal to start the Scoping Process so that further development of the project description to be used in the EIR may take into consideration public and agency scoping comments. The first NOP will begin the Scoping Process to allow time for both the public and agencies to learn about the multiple aspects of the Saltworks Project, provide informed scoping comments, suggest alternatives, suggest technical studies, and allow the applicant to provide additional information. In 2011, the City plans to circulate the second NOP for public and agency review that will include the refined project description and a preliminary list of potential alternatives.
Question: Why is the City embarking on a two-stage scoping process, rather than waiting for an adequate project description from the applicant that could eliminate the need for the repetition?
In reviewing the May 2009 application from DMB Redwood City Saltworks, the City found that the project description is adequate for the purpose of scoping, that is, to allow the public and other agencies to provide meaningful input to the City regarding the scope of the EIR. The City wanted to initiate scoping early in the process so that public and agency input could contribute to the design of the project and provide input that would help the City develop the project objectives for the EIR. Rather than being repetitive, the City sees this first scoping process as a means to consider broader issues, whereas the second scoping process will elicit comments on a more definitive project description. The first NOP does not include specific project objectives; project objectives will be developed based on responses to the NOP and public comments received during the scoping period.
Question: How long will the comment period be for the second NOP? 30 days may not be sufficient for a vastly modified development proposal.
The length of the comment period for the second NOP has not been determined. The City agrees that a vastly modified development proposal should have a second scoping period longer than 30 days.
- What technical studies will be conducted for the EIR?The City anticipates that technical studies will need to be prepared in support of the EIR. The City understands that multiple agencies, interested groups, and individuals have specific questions about the proposed Saltworks Project and how it will affect the physical environment, including biology, traffic, air quality, land use, water supply, visual resources, and other site-specific and regional resources. The City will collate the written and verbal comments received during Scoping and will use these comments to decide what technical studies are to be undertaken, what specific questions need to be answered, and what experts will be needed to perform the technical studies.
Questions: Will the City have the ability to reject technical reports written by the developer’s consultants? Will the developer pay for amending or rewriting technical reports that the City finds inadequate or biased? Will the City have to justify their rationale for rejecting or rewriting technical reports?
If the applicant submits a technical report to be used in the EIR process, then the City will “peer review” the report using an independent expert selected by the City. As with all aspects of the EIR, the applicant is responsible for payment of the City’s independent expert. If the report needs to be amended or rewritten, the applicant will need to pay for it. The City, as a matter of good financial practice, will provide its reasons for the rewriting and expenditure.
- How will the EIR alternatives be selected?
CEQA prescribes that an EIR must analyze, in addition to the “No Project” alternative, a reasonable range of alternatives to the project that meet most of the basic project objectives, avoid or substantially lessen the project’s significant environmental impacts, and are potentially feasible. During the Scoping Process, the City looks forward to hearing suggestions from the public and interested agencies and will craft alternatives that meet these requirements to be considered for evaluation in the EIR. Specifically, a series of Scoping Meetings will be held in the Fall of 2010 and Winter/Spring 2011 to provide an opportunity for suggesting alternatives. The City plans to prepare a Scoping Report. This report will include a discussion of alternatives that are suggested during Scoping. The City will also prepare a separate Alternatives Development Report to be published in early 2011. A preliminary list of alternatives that meet CEQA requirements will then be considered by the City Planning Commission in a public meeting and, based on public input, the Commission will identify the alternatives to be included in the second NOP, which is scheduled for distribution in 2011. Because significant environmental impacts will not be completely defined until later in the process, alternatives may need to be added or deleted later in the process.
Question: Is the community being misled into thinking that a broad range of alternatives will be evaluated under this EIR, when in fact non-housing alternatives will not be evaluated because they don’t meet the developer’s objectives?
No, the City is committed to evaluating a broad range of alternatives in the Saltworks EIR. As several members of the public have noted, the selection of alternatives is dependent upon the project’s objectives, because CEQA requires that alternatives fulfill most of the project’s basic objectives. Project objectives will be developed based on responses to the NOP and public comments received during the first scoping period and will reflect both the developer’s objectives and the City’s objectives. Draft project objectives will be included in the Alternatives Development Report, which will be available for public review and comment in the Spring of 2011. Even though the project objectives have not yet been developed, both the City and applicant agree that a wetlands restoration alternative that includes the entire site should be evaluated in the EIR.
Question: We’ve heard that Cargill would refuse to sell the property for restoration and that relocating the project to another site is infeasible. Doesn’t this restrict the EIR’s alternatives analysis?
While Cargill retains the right to sell their property to whomever it pleases, the City retains the right to evaluate alternatives in the Saltworks EIR that meet the requirements of CEQA. Specifically, the City has committed to evaluating a full wetlands restoration alternative in the EIR and intends to analyze an off-site alternative, if a feasible location or locations can be identified that meets the basic objectives of the project.
Question: Has the “No Project Alternative” ever been selected?
Every time a public agency denies an application for which an EIR has been prepared, the agency is essentially selecting the “No Project Alternative.” This circumstance occurs frequently throughout the State.
- What is the most effective way to participate in the EIR process?
The City hopes that a wide range of input is received from individuals, neighborhood groups, agencies, environmental groups, and business groups in the CEQA process for the Saltworks Project. To facilitate this, the City held a community informational meeting entitled “Understanding the Environmental Review Process” on September 22, 2010 to outline the ways in which the public may effectively make their ideas and opinions known. A handout distributed at the meeting is available on this website. Public participation is an essential part of the CEQA process, and the City encourages everyone to participate. As a beginning, please sign up to be on the Saltworks Project email distribution list or mailing list by visiting the City’s website at www.redwoodcity.org/saltworks or calling (650) 218-3970.
- What is the relationship of the proposed Saltworks Project to the newly adopted General Plan?
The previous General Plan and the newly adopted General Plan indicate that the Cargill site is split into two land use designations: the northern portion of the site adjacent to Seaport Blvd. is identified as “Urban Reserve” and the southern portion of the site is identified as “Preservation.” The “Urban Reserve” category is intended for land to be preserved for future use to expand the limits of the urbanized area of the City. The “Preservation” category applies to natural and other areas set aside for protection of unique resources. The two General Plan land use designations on the property do not coincide with the proposed Saltworks Project Site Plan. The City Council would need to approve amendments to the General Plan to accommodate the proposed Saltworks Project; the City Council may also have to change a number of policies in its General Plan to allow approval of the Saltworks Project. Additionally, the project would require changes to the existing City Zoning of the site.
Question: Is there any reason that a site-specific General Plan process can’t be substituted for the first scoping period to allow for an unconstrained, true community vision for this site?
Unlike other portions of the City where numerous land owners and residents have a stake in a collaborative General Plan process for their neighborhoods, the Saltworks Project site has a single land owner, Cargill, which has entered into an agreement with DMB Redwood City Saltworks to apply for approval of a particular project. The City Council, therefore, decided to respond to the Saltworks Project application, not through a general planning process, but through the project review process established in the City’s Municipal Code. Even though some members of the public are disappointed in the chosen project review process, the City believes the project review process and EIR process provide many opportunities for substantial project refinement and consideration of a broad range of alternatives.
Comment: General Plan policies potentially in conflict with the project should be provided to the community early on.
The City is currently preparing a General Plan consistency review for the Saltworks Project and will make it available on the City’s Saltworks website in the near future.
Question: How can the City proceed with an EIR on a project that is not in conformity with the General Plan?
The developer has applied for a General Plan Amendment for the Saltworks Project, as allowed in the City’s Municipal Code.
- Will a federal environmental document be prepared under NEPA?
The Saltworks Project will require permits or other approvals from a number of federal agencies. Federal agencies must comply with the National Environmental Policy Act (NEPA) (much as the City must comply with CEQA). The nature and scope of the NEPA analysis will be determined by the federal “lead agency” under NEPA. At this time, a federal lead agency has not been determined. When the federal lead agency is identified, the City will consult with that agency to determine whether a combined CEQA/NEPA document, such as an EIR/EIS (Environmental Impact Statement), will be prepared. The City hopes that the federal lead agency will be identified during the next 6-9 months, so that the City and the federal lead agency can decide whether and how to coordinate the CEQA and NEPA processes.
Comment: Impacts on endangered species are paramount, and the federal lead agency should be chosen with that in mind.
The federal agency that will serve as the lead NEPA agency is determined, not by the City, but by the federal agencies with jurisdiction over the Project. At this time, the federal lead agency has not been identified. The federal lead agency will need to have an application for a permit or approval before it or will need to provide funding or otherwise take an action to participate directly in the undertaking. Typically, the U.S. Fish & Wildlife Service does not serve as a lead agency for private development; however, as noted above, the federal lead agency has yet to be determined. For those projects that may affect endangered species, however, the U.S. Fish & wildlife Service is often a key participant in the environmental review process. The City anticipates consulting with the U.S. Fish & Wildlife Service as part of the CEQA process for the Saltworks Project.
- How will Redwood City interact with other cities and agencies around the Bay?
The City understands that the Saltworks Project, if approved, would result in potentially significant environmental consequences not just within Redwood City, but throughout the Peninsula and on the San Francisco Bay. The City understands that numerous regional, State, and federal agencies will need to consider issuing permits or approvals for the project. The City has begun soliciting agency comments by sending a Notice of Preparation to local, regional, State, and federal agencies potentially interested in the Saltworks Project. In addition, the City will meet with agencies to hear their concerns regarding the significant environmental issues, reasonable alternatives, and mitigation measures that the agencies will want to have explored in the EIR.
Question: What agencies are involved with the Project?
The NOP lists agencies that may have jurisdiction over the project on pages 32 and 33.
- How will the Topic Focused Scoping Meetings work?
These informational scoping meetings will include opportunities for interactive discussions with experts and the submittal of written comments. These sessions will allow members of the public to help the City develop the range of alternatives, identify effects to be evaluated, and identify mitigation measures to be analyzed in the EIR.
Question: Will the developer pick the experts? The selection process for experts should be credible and transparent. How can a committee of community stakeholders have input to the process?
The City will be reviewing the technical experts that the applicant is allowed to bring to the Topic Focused Scoping Meetings. The selection process for the City’s Environmental Review Consultant, Hauge Brueck Associates, was a competitive process, which culminated in approval of the consultant by the City Council in May 2010. Selection of additional City experts will be based on their demonstrated expertise, their ability to advise the City objectively, and their established credibility. Selection by the City will comply with City guidelines whether through a sole source process or a request for qualifications process. The City is interested in suggestions from the public on particular experts who should be considered in the selection process; however, City staff will conduct the review and selection process.
Question: What meeting format will the City use to ensure an opportunity for dialogue?
The Topic Focused Scoping Meetings are based on an Open House format. Each Meeting will have a number of “stations” where City staff and City consultants will be available to answer questions. It is our hope to have enough staff available that everyone who attends will have an opportunity to ask questions and get answers. In addition to City staff, the applicant will have their own station, where you can ask them questions directly, if you desire. The City has asked the applicant to be present because they have information about the proposed project and how they arrived at the proposed site plan that no one else has. It is also important that the applicant hear first-hand questions and concerns from the public.
Question: How will dialogue from the meetings be recorded? How will it be used in the environmental analysis?
Conversations with City staff and consultants will not be recorded. If you have a scoping comment about the EIR that you want to be considered, it will be important to submit it as a written comment. Comment cards will be provided for that purpose at each Meeting.
Question: A separate Topic Focused Scoping Meeting should be held related to the Port of Redwood City and port-related industries. The Meeting should include information regarding economic impacts on port-related businesses, as well as health and safety impacts on Saltworks residents.
The scoping meetings are focused on CEQA environmental topics, rather than specific neighboring uses. Port of Redwood City representatives and Economic Development staff from the Redwood City Planning, Housing and Economic Development Department will be available at the Land Use and Housing Scoping Meeting on November 6, 2010. These representatives may also be available at additional scoping meetings, and the City anticipates that potential health-related air quality impacts could be discussed during the Natural Resources Scoping Meeting to be scheduled in 2011
CEQA requires the evaluation of physical environmental impacts and does not require the consideration of economic impacts. The City, through the project review process, will consider fiscal and economic impacts and benefits to the City, including the Port of Redwood City, in their evaluation of the Saltworks Project.
Question: When will housing be discussed? When will public safety and financial costs to the School Districts be discussed?
Housing, public safety (e.g., fire and police services) and schools will be part of the first Topic Focused Scoping Meeting on November 6, 2010.
Question: How will we know what the financial costs and benefits will be to the City? How will the agreements with the developer be enforced?
The City agrees that the financial costs and benefits of the proposal are a key consideration. The City anticipates that the financial aspects of the proposal will be analyzed in detail as the process moves forward. The City also agrees that, if the proposal is approved, it will be essential to ensure that any agreements with the developer are enforceable. Often, a development agreement is used as the mechanism for ensuring the enforceability of the applicant’s obligations. In addition, if the City approves the proposal, the City will also approve a “mitigation monitoring and reporting program”; such a program is required by State law, and it provides a means of tracking mitigation measures, assigning responsibility, and ensuring the measures are implemented.
Question: What topics will be covered at the Natural Resources Topic Focused Scoping Meeting?
The Natural Resources Scoping Meeting will include an opportunity for discussion of issues related to biological resources, wetlands restoration, and cultural resources (archaeological and historical sites). In addition, experts will be present to discuss concerns regarding geology and air quality issues. The Natural Resources Scoping Meeting will be scheduled in early 2011.
- How will questions about the EIR process be answered?
To facilitate a thorough and transparent review process, the City will continue to make details about the CEQA process, studies, and schedule available on the City’s informational web site at www.redwoodcity.org/saltworks. Because the scoping process started on October 12, 2010, comments relative to the scope or content of the EIR will be saved for the Scoping Report to be released in 2011. However, the City will continue to answer questions about the EIR process here on the City’s web site. In addition, you may call Blake Lyon, Senior Planner for the Saltworks Project, at 650-780-5934.
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