Using CEQA to Protect Your Community

8/3/2019 Using CEQA to Protect Your Community

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A brief guide to the

California

Environmental

Quality

Act

UsingCEQAto Protect

YourCommunity


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Did you know that you can doomething about this?

Many people have seen the destruc-ion of historic neighborhoods andites without knowing that their voiceould have made a difference. You

have a say in how your communityhanges over time. There is a stateaw that gives you the right to know

bout development projects in yourneighborhood and how they affectour community. Known as the Cali-ornia Environmental Quality Act,his law gives you a voice in the pro-ess and tools to help you protectmportant places, your quality of life,nd the future of your neighborhood.

What Is the CaliforniaEnvironmental Quality Act?

The California Environmental Qual-ity Act, orCEQA(pronouncedSEE-quah), was passed in 1970. CEQA de-clares it state policy todevelop andmaintain a high-quality environmentnow and in the future, and to takeall action necessary to protect, re-habilitate, and enhance the environ-mental quality of the state.It helpssafeguard the natural environmentas well as historic places that you and

other members of the communityconsider too important to tear down.CEQA is the primary legal tool usedin California to protect historic sitesthreatened with demolition.

At its simplest, CEQA requiresa report to the public (calledanE IRorenvironmental impactreport) describing how a proposeddevelopment project would affect

the quality of life of communities,including our basic rights to cleanair, toxic-free buildings, ease of traf-fic, and cultural heritage. It requiresour government agencies to avoid orminimize those impacts to the extentfeasible by examining alternative ap-proaches to the project. The specific

ways of reducing these impactsdeveloped through a public par

pation process in which the viewneighborhood residents must be en into account.

Would new buildings result in mcars on the streets, increased cgestion, and air pollution? Wothe project tear down a historicsignificant building? CEQA gives and your neighbors the right to hyour voices heard when decisabout a proposed project are b

made. CEQA does have limitatihowever, and it does not guarathat a historic building will be sav

Did You Know?Your Community Has a Right to Know & Act

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This booklet offers basiinformation about CEQA andhow you can use it to empoweprotect, and enhance youcommunity. The exampleshow how various communitiehave used it in different waysIt is important to note that thiis only one strategy to considein your overall planone tooin your toolbox. But it is aimportant one.

Have you, or has some-one you know, had toleave your home orseen a favorite gather-ing place demolishedto make way for newdevelopment? Whatplaces mattered to

you that are no longerthere?

At left: CEQA helps protect designated landmarks such as the historibridges spanning the Los AngeleRiver, including the North BroadwaBridge (foreground) and the NortSpring Street Viaduct. Photo by KeviBreak.


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Understanding CEQA and apply-ing it to your organizing strategycan help you prevent the destruc-tion of important landmarks inyour community. You can helpsave a historic building or culturalspace, protect your historic home,and actively participate in landuse decisions that affect the qual-ity of life in your neighborhood.

Historic buildings and neighbor-hoods serve as tangible links toour history and our collective

memories. Because many culturalcenters, residences, and smallbusinesses occupy older build-ings, preserving these spaces alsomaintains important anchors andservices for the community.

Losses That Might Have BeenPrevented if CEQA Had Beenin Place

With the postwar construction offreeways that crisscross Los Angeles,entire neighborhoods in East L.A.,Boyle Heights, and elsewhere werepaved over, divided, and destroyed.In the 1960s, before the passage ofCEQA, the construction of the EastLos Angeles Interchange in BoyleHeights isolated neighborhoods,displaced 10,000 people, and de-molished 29,000 homes. At the time,community members protested,

wrote letters to their councilmember,attended meetings, formed commit-tees, and demonstrated in the streets.Despite their pleas, the project wentforward. It is now the busiest freewayinterchange in the United States.

Today, CEQA helps safeguard com-munities by giving residents legaltools to protect their neighbor-hoods. A good example of this is the

decades-long grassroots campaign

opposing the 710 Freeway extenthrough El Sereno, South Pasadand Pasadena. In this case, CEQA used in conjunction with federal

vironmental laws to halt the desttion of almost 1,000 homes anddivision of four nationally recognhistoric districts.

In 1973, the City of South Pasadobtained an injunction prohibithe California Department of Trportation (Caltrans) from buildingextension until an environmentalpact report (EIR) was properly cpleted. Another injunction resu

from a 1999 lawsuit filed by the tional Trust for Historic Preservatthe City of South Pasadena, ancoalition of community and pervation groups. As a result of broad-based call for an alternativdemolition, Caltrans and the FedHighway Administration are stillploring sensitive approaches toproject.

Why CareUnderstanding CEQ

Above: The 1927 McKinley Buildingon Wilshire Boulevard was demol-ished in 1998, erasing an importantlink to the communitys past. Photo

from L.A. Conservancy archives.Top right: The Granados family homein El Sereno, one of nearly 1,000homes threatened with demolitionfor the 710 Freeway extension. Photocourtesy Friezer Photography for theNational Trust for Historic Preserva-tion.


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CEQA requires that project impactson historical resources be recognized

nd considered by the city, county,tate, or other governmental agen-y (thelead agency) responsibleor approving a project that could

destroy or otherwise adversely af-ect these resources. In some cases,he lead agency determines that the

project will not have negative en-ironmental impacts or that its im-

pacts can be avoided by requiringhe developer to meet certain con-

ditions, ormitigation measures.If

he project poses significant environ-mental impacts that cannot easily bevoided, an environmental impacteport (EIR) is prepared.

The EIR is considered the heart ofCEQA, providing the public and deci-ion makers with an in-depth review

of a projects environmental impactsnd feasible alternatives that wouldeduce those impacts. The EIR pro-ess is the best opportunity for

members of the public to promotelternatives to demolition. If an EIRtudies a feasible alternative to de-

molition, the lead agency may be re-quired to change the project to reducets impact on historical resources.

What Is a Historical Resource?

In order to take full advantage of legalprotections under CEQA, it is essentialto first establish the significance ofthe building being threatened. Toautomatically qualify as ahistoricalresourceunder CEQA, and triggerthe requirement for an EIR, any build-ing targeted for demolition must be:(1) listed or determined eligible forlisting in the National Register of His-toric Places or the California Registerof Historical Resources; or (2) listed in

a city register of historic landmarks.However, a resource does not haveto be officially designated in orderto trigger the requirement for an EIRunder CEQA.

This is where your role is so im-portant. If a building threatenedwith demolition is not already listedin a historic register, members of thepublic must convince local officialsthat it qualifies as historic and is wor-

thy of protection. Community activ-ists need to research the site; shareyour stories; and submit documenta-tion, photos, and expert testimonyearly in the environmental reviewprocess to show why the building issignificant and meets local or staterequirements for historic status.

How It Works:The Environmental Impact Report

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A Different Strategy:

Negotiating with theDeveloper

In some cases, the developer cabe convinced to change its proect or sell the property, especiain the face of well-organized community opposition. Communiactivists can help by bringing foward potential buyers committeto reusing the site in a way this consistent with the needs the community. You can also a

your City Council representativor County Supervisor to convenand mediate discussions betweethe community and the develoer. If the EIR does not comply wiCEQA, a viable lawsuit may be thlast chance to prevent demolitioEfforts to work with the developcan significantly strengthen yoposition.

On rare but noteworthy occsions, local residents have worke

with the developer and garnereenough financial support to buthe property and adapt the spacto continue serving the commnity.

Top photo: The preservation of tMichael White Adobe (circa 1845) San Marino was supported by tcommunity when it was threatenewith demolition in 2008. Photo L.A. Conservancy staff.

Bottom photo: The Self Help Grapics & Art Building houses a thrivincultural center for Chicana/o art the heart of unincorporated East LAngeles. Photo by Edgar Garcia.


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Before an EIR is released, the leadgency must first determine which

nvironmental impacts and alterna-ives to the project should be stud-ed. The process of deciding whatopics should be evaluated in the EIRs calledscoping.The lead agencyssues a Notice of Preparation ofn EIR, which is a document that de-cribes the project and invites publicnput.

n addition to posting notices at theproject site, the lead agency is re-

quired to mail copies to organiza-ions and individuals who have re-

quested notice in writing. Noticesmust also be published in the localnewspaper and posted at the CountyRecorders office. A thirty-day reviewperiod is required to allow membersof the public to respond to the Noticeof Preparation. Sometimes the leadgency will also hold a public scop-ng meeting.

At this stage in the process, it is im-portant for community activists to

provide lots of information about thesignificance of a building threatenedwith demolition. It is also helpful toprovide specific suggestions on how

the proposed project can be changedto save the historic building and meetmost of the developers goals.

CEQA is flexible enough to allow his-toric buildings to adapt to changingneeds over time. This means that,for example, an abandoned buildingthat was once an important gather-ing place can be altered or expandedto meet the developers needs, whilestill maintaining its presence in thecommunity.

Step 1:The Scoping Process

Wyvernwood Garden

Apartments

Built in 1939, Wyvernwood wthe first large-scale garden aparment complex in Los AngeleSpanning more than sevenacres in Boyle Heights, the sihas been determined eligible flisting in the National Register Historic Places. Wyvernwood also significant for its close-kncommunity: family ties spaning generations have shaped

unique sense of place.

In January 2008, the owner anounced plans for a $2 billio4,400-unit mixed-use project thwould quadruple the sites desity and destroy Wyvernwoodpark-like setting. Wyvernwooresidents quickly mobilized to opose demolition.

Leaders of Comit de la Esperanzalongtime residentsgroup, knocke

on doors to let their neighboknow about the proposed projeand organized a march to the pubscoping meeting. With City Coucil staff and the media looking ohundreds of residents loudly prtested against the project.

The future of Wyvernwooremains uncertain, but thresidentsmessage is clear: ohomes and community matteand we will influence the changthat affect our neighborhood.

Top photo: 2001 soccer tournameat Wyvernwood, known as Mundiato de la Esperanza. Photo by RoberMojica, El Comit de la Esperanza.

Bottom photo: Wyvernwood redents and supporters march througthe historic garden apartment complex to the EIR scoping meeting 2009. Photo by Gumaro Oviedo, Comit de la Esperanza.

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What You Can Do

Share your memories. Submita letter during the scoping process

explaining why the historic site is im-portant, including personal stories,interviews, newspaper articles, oldphotos, flyers, and mementos.

Share your ideas. Provide specificsuggestions on how the project canbe changed to save the historic build-ing and accomplish at least some ofthe developers goals. The projectgoals should be listed in the Noticeof Preparation.

Keep informed. Submit a writtenrequest to the Planning Departmentstaff assigned to the project asking toreceive notice of future public meet-ings and documents released forpublic comment.

Develop clear and concise msaging. Work with others to cr

talking points that summarize buildings significance and the gof your campaign. You and othersuse the talking points for clarity consistency in speaking with oresidents, potential allies, media, public officials.

Meet with elected officials. Ctact your City CouncilmemberCounty Supervisor early in the cess. Meet with them or their sta

explain why the building is importand ask for their help in identifpossible solutions or mediating cussions with the developer.

Seek media coverage. Favorpress coverage is essential to swing public opinion and persuadelected officials. Community activneed to build relationships withmedia by hosting press events

suing press releases, and submitletters to the editor.

Building the Record

In order to successfully challengethe lead agencys approval of aproject that would demolish ahistoric building, evidence mustbe presented to decision makersduring the environmental reviewprocess. Relevant documentsshould be submitted to the leadagency far enough in advance ofthe final decision to allow time forcareful consideration and deliber-ation, although they may be sub-

mitted up until the close of thefinal public hearing at which theproject is approved. These docu-ments may include:

Expert reports and studiesregarding the buildings eli-gibility for historic listing.

Photos, video, news cover-age, and newsletter articlesconveying the sites signifi-cance.

Expert information relatingto the feasibility of alterna-tives, such as letters from theLos Angeles Conservancyand/or historic preservationarchitects and engineers.

Examples of successful pres-ervation projects around thestate or nationciting suc-cess stories of similar proj-ects helps the public anddecision makers visualizethe end result.

At right: The Boyle Hotel (1889) isone of the most prominent and his-toric structures on L.A.s Eastside. Thehotel has served as home to count-less mariachi musicians, who practicetheir craft in the adjacent MariachiPlaza. Photos by Miguel Gandert.


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Step 2:Draft Environmental Impact Reportollowing the scoping process, theead agency prepares a draft ver-

ion of the EIR that is released to thepublic for comment. In general, thepublic review period for a Draft EIRanges from thirty to sixty days.

The EIR must contain a summary ofhe proposed project and its environ-

mental consequencesincluding ast of significant negative impactsnd study a reasonable range of al-ernatives to the project that wouldeduce those impacts. It must also

ddress the issues raised in your com-ments on the Notice of Preparationduring the previous scoping process.You should receive a copy of the EIR,

most likely on disk, if you asked fornotification in the previous step. If

not, check the Planning Departmentpage on the lead agencys websiteto download a copy. EIRs are verylengthy documents; you can getmuch of what you need from the Ex-ecutive Summary.

In commenting on the Draft EIR, com-munity activists will need to continueadvocating for alternatives that cansave the historic building while meet-ing most of the developers goals.

Would reducing the size of the pro-posed project help save the historicbuilding? Can the historic building bemodified or expanded to meet the

owners needs? Historic preservaefforts are rarely successful if t

oppose demolition without offean alternative that takes into accothe developers financial needs other project goals. A purely antimolition stance may be discounteextreme and inflexible.

Although CEQA helps safeguard toric buildings, it does not dichow they should be used. Its eato build public and political sport for an alternative solu

that meets most of the goals ofproposed project.

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Built brick by brick by community members, th

Maravilla Handball Court (1923) is the oldehandball court in East Los Angeles.It is my pasion to save the legacy of my people, my community, and our Chicano culture,says MaravilHistorical Society President Amanda Prez, whgrew up in the Maravilla neighborhood.Wwant this place to be a beacon for all to come anstep into the past, present, and future.Photoby Steve Saldivar (top) and L.A. Conservancstaff (left).


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What You Can Do

Attend public meetings. Wthe lead agency holds meeton the project, it is essential community members to show upvoice their concerns. Because polipressure to approve a project be intense, it is important thatcommunity be well organized to against demolition.

Bring in the experts. If the agency says that a historic resocannot be saved because oflocation or poor condition, get from an architect, engineer,

friendly developer who specializehistoric buildings. They can prean alternative proposal, evaluatecosts, or challenge negative claimthe owner.

Talk to an attorney. Seek advice of an attorney who speciain CEQA to help you participate meffectively in the EIR process. In minstances, CEQA lawyers reprecommunity groups on a pro bbasis or at a reduced rate, especif you are well organized. For naof attorneys who specialize in Cand historic preservation law, youcontact the Los Angeles Conserva

Read the Executive Summary.The EIR can be lengthy and difficult

to understand. Start by readingthe Executive Summary for anoverview of the project and its goals,environmental impacts, and possiblealternatives.

Read the Historic Resources/Cultural Resources section ofthe EIR. Learn about how the leadagency has analyzed the historic andcultural significance of the existingbuilding or property, and what projectalternatives have been consideredthat would preserve some or all ofthe historic resource.

Cathedral of Saint Vibiana

In 1996, the Roman Catholic Arch-diocese of Los Angeles attemptedto demolish the Cathedral of St.Vibiana. Built in 1876, it is the old-est structure in the historic coreof downtown Los Angeles.

With the wrecking ball poised afew feet from the cathedral, theLos Angeles Conservancy ob-tained a temporary restrainingorder to stop the destruction

because the Archdiocese did nothave a demolition permit. TheCity then attempted to circum-vent CEQA by revoking the cathe-drals designation as a local his-toric landmark, hoping this wouldexempt the building from CEQAreview. The Conservancy filed asecond lawsuit and obtained apreliminary injunction, based onthe Citys failure to prepare an EIRproving that there were no fea-sible alternatives to demolition.

As a result of the lawsuit, theArchdiocese ultimately chose todevelop a new cathedral complexat another downtown location. Apreservation developer boughtthe former cathedral and trans-formed it into a thriving perform-ing arts venue and event space.

At right: The restored interior and ex-terior of the former Cathedral of St.Vibiana, now a thriving performanceand event space. Photos by GaryLeonard (top) and Ben Welsh (bot-tom).


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Step 3:Final Environmental Impact ReportThe Final EIR must respond to allomments and questions submitted

during the Draft EIR review period,s well as evaluate the feasibility oflternatives that would

preserve the historicbuilding. Based on thenalyses in the FinalIR, the lead agency willhen decide whether or

not to approve the pro-posed project.

Although the lead

gency is not requiredo solicit comments

on the Final EIR, therere typically additional

hearings before localeview boards and commissionsuch as the Planning Commission or

City Council committeeswhere thepublic can testify and submit writtennformation.

In the final stage of the process, thelead agency willcertifythe EIR and

approve the proposed project or analternative project. They may alsoapprove a list of require-ments, ormitigationmeasures,that mustbe completed in orderto reduce environmen-tal impacts. If adverseenvironmental impactscannot be avoided, thelead agency will adopt astatement of overriding

considerations,expressingthe agencys determina-tion that the advantages ofproceeding with the projectoutweigh the detriment of

losing a valuable historic resource, andexplaining why. This determination may,in some circumstances, be challenged incourt.

Continue to submit new infor-mation.It is extremely important forhe community to participate in everytep of the EIR process. Although it is

most effective when submitted ear-y on in the process, testimony and

information supporting the signifi-cance of a building or the feasibilityof an alternative can be submitted atany time before the final decision onthe project.

What You Can Do

Lincoln Place Garden

Apartments

Completed in 1951, the Licoln Place Garden Apartmecomplex in Venice is one of LoAngelesfew examples of largscale garden apartment desigIn 2001, the previous owner anounced a full-scale demolitioand redevelopment plan to buihundreds of market-rate condminiums.

The fight to save Lincoln Plaevolved into an epic preservatioand tenant-rights battle with legal demolitions, CEQA lawsuimultiple hearings before the StaHistorical Resources Commissioand, ultimately, evictions.

In 2010, following years of ngotiations, the Los Angeles CiCouncil approved a settlemeagreement between the LincoPlace Tenants Association an

the current property owner thwill rehabilitate all existing buildings, enable eighty-three evictetenants to return, and reactivahundreds of rent-stabilized unon the Westside.

Top photo: Detail of Lincoln PlaGarden Apartments in Venice. Phoby Ingrid E. Mueller.

Bottom photo: Community memberally in support of Lincoln Place Gaden Apartments on Martin LuthKing, Jr. Day in 2006. Photo courteVenice Arts Council.

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Some of these links go to downloadable Adobe PDF files; you can download the free Adobe Acrobat Reader at wdobe.com/reader.

Everyday Heroes:Thirty-Five Years of the California Environmental Quality Actnspirational resource with case studies and a chapter specifically addressing historic resources; prepared by the Plannd Conservation League Foundation

www.pcl.org/projects/everydayheroes.htmlwww.pcl.org/projects/everydayheroes.htmlGuide to Understanding CEQA in the City of Los Angeles:An Easy-to-Use Primer on the California Environmental Quality ActOlder, but still relevant, document specific to Los Angeles; prepared by the City of Los Angeles Environmental Af

Departmentwww.ci.la.ca.us/ead/pdf/CEQA_handbook.pdfwww.ci.la.ca.us/ead/pdf/CEQA_handbook.pdfCalifornia Environmental Resources Evaluation System (CERES)CEQA WebsiteDatabase with more advanced, comprehensive CEQA information, including case lawhttp://ceres.ca.gov/ceqa

California State Law and Historic Preservation: Statutes, Regulations, and Administrative Policies RegardHistoric Preservation and Protection of Cultural and Historical Resources (California Office of Historic PreservatTechnical Assistance Series #10)http://ohp.parks.ca.gov/pages/1054/files/statelaws.pdf

Are you interested in finding out more about CEQA and how you can use it to protect and enhance the historic resoun your community? The Los Angeles Conservancy can present workshops for ten or more people who are workingn active preservation advocacy issue and who need technical advice on how to proceed. For more information, pleontact the Conservancy at (213) 623-2489 or [email protected] .

CEQA Workshops Available

For More Information

At right: The Maravilla HandballCourt is part of the NationalTrust for Historic PreservationsThis Place Matterscampaign,spearheaded locally by the LosAngeles Conservancy, which identifiesimportant historic sites that meritnational attention. Photo by Steve

Saldivar.


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About the Los Angeles ConservancyThe Los Angeles Conservancy is a nonprofit membership organization that works through education and advocacecognize, preserve, and revitalize the historic architectural and cultural resources of Los Angeles County. A grouoncerned citizens founded the Conservancy in 1978 as part of the community-based effort to prevent demolitiohe Los Angeles Central Library. With 6,000 members and hundreds of volunteers, the Conservancy is now the larg

group of its kind in the U.S. For more information, visit www.laconservancy.org.

Credits

Copyright 2010 by the Los Angeles Conservancy. All rights reserved.

unded by the California Communityoundation

This project is assisted by a Partnersn the Field challenge grant from theNational Trust for Historic Preservation.

Design by Robert Loza, SolSoul Designs

Text by Los Angeles Conservancy staffSpanish Translation by Accent onLanguages, Inc.

Printing sponsored by

ront cover photos:Top left: Wyvernwood Garden Apartments, Boyle Heights (Jesus Hermosillo)Top right: Historic photo of El Centro Grocery next to Maravilla Handball Court,

East L.A. (Maravilla Historical Society)Middle left: Detail of wall mosaic on Self Help Graphics & Art Building, East L.A.

(Edgar Garcia)Bottom right: Watts Towersof Simon Rodia, Watts (Abbey Hambright)

Special ThanksMitchell Abbott, Richards, Watson & GershonSusan Brandt-Hawley, Brandt-Hawley Law Groupli Flores, The Graff Lab, Pico Union Housing Corporation

Gumaro Oviedo, El Comit de la Esperanza, Wyvernwood Garden ApartmentsMichael Palumbo, Lincoln Place Tenants AssociationAmi Pascual Spear, M.C.P./Principal, Pascual Spear AssociatesAmanda Prez, Maravilla Historical SocietyCarolina Sarmiento, El Centro Cultural de Mexico, Santa Anaanna Shadduck-Hernandez, UCLA Downtown Labor Center

Los Angeles Conservancy

523 West Sixth Street, Suite 826

Los Angeles, California 90014

213 623 2489 tel, 213 623 3909 fax

www.laconservancy.org

[email protected]

Using CEQA to Protect Your Community

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