Last Wednesday, the Los Gatos City Council and Planning Commission held a special joint meeting to discuss the California Environmental Quality Act, or CEQA (pronounced SEE-qua), which relates to developments planned for the community.
David J. Powers and Associates, an Oakland-based private environmental consulting firm that just submitted a quarter-million-dollar environmental plan for neighboring Scotts Valley's Town Center project, led a briefing presentation for both governing bodies here.
“The law applies to all agencies in California that make decisions that impact the environment,” said Akoni Danielsen, the company’s president. “I think it’s kind of elegant.”
CEQA has undoubtedly been one of the state's most controversial pieces of legislation since it was signed into law in 1970 under then-Governor Ronald Reagan.
While applications of CEQA are often seen as critical to preserving nature, it has often been used to block or at least delay housing projects.
Case law has clarified the law for decades, and lawmakers have introduced some major changes in recent months.
“There are virtually no projects that have no impact.”
—Akoni Danielsen, consultant
“Sometimes the most environmentally friendly and sustainable developments still have consequences for the environment,” Danielsen said. “There are virtually no projects that have no impact.”
This joint session aimed to explain key CEQA concepts such as local discretion and possible remedies.
Near the end of the meeting, Commissioner Rob Stump brought up a desk item submitted by the Los Gatos Community Alliance.
“They submitted this item requesting that the City conduct a focused review of the legal status and continued applicability of the 2040 General Environmental Impact Report (EIR), already certified on June 30, 2022, as well as the City's ongoing legal obligations under CEQA to analyze cumulative environmental impacts,” Stump said.
While citing the North 40, the desk article raised questions about other developments with densities and heights beyond what was examined.
“We've talked about this many times on the Planning Commission, and I'm sure at the City Council level as well,” the commissioner said. “I think it’s in our best interest to make sure those questions are answered.”
It is clear that Los Gatan residents remain divided over the city's future development, with some voicing concerns about the consistent – and equitable – application of CEQA.
Councilmember Mary Badame asked how to qualify for CEQA, which would be “beneficial to the city.”
“And how do we balance discretion with the Housing Accountability Act?” She added, referring to an effective state law that removes some local controls to encourage more housing.
“CEQA doesn't say you can't approve something that has a significant impact, right? It just says you have to disclose why the benefits of that project outweigh the impacts,” Danielsen said. “On the Housing Accountability Act. That's a legal question. That's something the attorney general would advise you on… That will work itself out.”
The prosecutor added that you don't have to approve a CEQA document if you feel you don't have enough information.