This past Wednesday, the Los Gatos Town Council and Planning Commission held a joint special session to discuss the California Environmental Quality Act, or CEQA (pronounced SEE-qua), as it pertains to developments planned for the community.
David J. Powers and Associates, an Oakland-based private environmental consulting agency which just delivered a quarter-million-dollar environmental plan for neighboring Scotts Valley’s Town Center project, guided an informational presentation for both governing bodies here.
“The Act applies to all agencies in California that make decisions that affect 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 the natural world, it has often been used to block, or at least delay, housing projects.
Case law has clarified the law over decades, and some big changes were introduced by the Legislature in recent months.
‘There are virtually no projects out there that do not have some effects.’
—Akoni Danielsen, consultant
“Sometimes the most green and sustainable developments will still come with environmental consequences,” said Danielsen. “There are virtually no projects out there that do not have some effects.”
This joint session was aimed at enlightening key CEQA concepts, such as local discretion and potential mitigation measures.
Towards the end of the meeting, Commissioner Rob Stump brought forth a desk item submitted by the Los Gatos Community Alliance.
“They submitted this item requesting that the Town include a focused review on the legal status and continued applicability of the 2040 general environment impact report (EIR) that was certified back on June 30 of 2022, and the Town’s ongoing legal obligations under CEQA to analyze cumulative environmental effects,” said Stump.
While citing the North 40, the desk item posed questions regarding other developments with densities and heights beyond what’s been studied.
“We’ve talked about this many times at the planning commission, and I am sure at the Town Council level too,” said the commissioner. “I think it is in our best interest to make sure that these questions are answered.”
It is clear that Los Gatans remain divided on the Town’s developmental future, with some voicing concerns about applying CEQA in a consistent—and equitable—manner.
Councilmember Mary Badame asked how you’re supposed to qualify what’s “beneficial to the Town” as it relates to CEQA.
“And how do we balance discretion with the Housing Accountability Act?” she added, referring to a powerful state law that removes some local controls to encourage more housing.
“CEQA doesn’t say you can’t approve something that has significant effects, right? It just says you have to go on record about why the benefits of that project outweigh the effects,” Danielsen said. “About the Housing Accountability Act. That’s a legal question. That’s something that the Town Attorney would advise you on…That will play itself out.”
The Town Attorney added you don’t have to approve a CEQA document if you feel like you don’t have enough information.
