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Environmental Review

The purpose of environmental review is to identify and minimize potential environmental impacts associated with development projects. This review is required by California state law under the California Environmental Quality Act (CEQA), which mandates that the City evaluate environmental effects of any discretionary actions.  

The development review process, which considers zoning compliance and design, may include environmental review depending on the type of development proposed. During a project’s initial review, City staff will determine if specific reports and studies are necessary. Depending on the nature of the project, these can include:

  • Traffic studies
  • Noise studies
  • Soils reports
  • Visual impact analysis
  • Arborist studies
  • Biological resource studies

Based on the project description, Staff may determine whether a project is exempt from CEQA review. Projects that are NOT exempt from CEQA will be analyzed for preliminary environmental impacts through an Initial Study, which is conducted after an application has been deemed “complete”.  The Initial Study will result in one of the following determinations:

  • Negative Declaration (ND) – No significant environmental impacts identified
  •  Mitigated Negative Declaration (MND) – Environmental impacts can be reduced to less than significant with mitigation measures
  • An Environmental Impact Report (EIR) – A detailed analysis of significant environmental impacts
View Environmental Documents Library

 

Determinations

Each type of environmental determination must follow a set process that ultimately results in an environmental document. The scale and type of the proposed project will determine whether an environmental document and notice of determination must be recorded with local or state agencies, such as the County Clerk or the State Clearinghouse.

1. Exemptions

This determination means the project is small in scale and qualifies for an exemption under the California Environmental Quality Act (CEQA). CEQA exemptions are specifically defined in state law and are not applied arbitrarily. Staff may file a Notice of Exemption (NOE) with the County Clerk and/or State Clearinghouse for projects that are exempt from CEQA but are not ministerial. Ministerial exemptions do not require an NOE to be filed.

2. Negative Declaration (ND) or Mitigated Negative Declaration (MND)

An ND is usually a brief statement issued by the City of Walnut Creek which indicates the project will not have a "significant effect" on the environment and therefore does not require the preparation of an EIR. Negative Declarations include supporting documentation used to support the findings. Mitigated Negative Declarations add mitigation measures that must be incorporated into the project to reduce potential environmental impacts.

For projects of a local scale, NDs or MNDs must be publicly posted for 21 days to allow interested parties, residents or property owners to appeal. The ND or MND is then recorded with the County Clerk.

For projects that may involve a state agency’s review (such as CalFIRE, CalTrans, Department of Fish and Wildlife, Water Resources Control Board, etc.), the ND or MND must be publicly posted for 30 days, and a Notice of Determination (NOD) is filed with both the County Clerk and the State Clearinghouse when such approvals are required.

3. Environmental Impact Report 

An Environmental Impact Report (EIR) is a detailed report that describes and analyzes the significant environmental effects of a project. The EIR must include alternatives to the project and ways to mitigate identified significant effects. Depending upon the complexity of the project, preparation of an EIR can be a long process. It requires a 45 to 60-day public review and comment. After the public comment period, the City must respond to all correspondence received and conduct additional studies as necessary. The Notice of Determination (NOD) is filed with the County Clerk when a project is approved by local agencies or the State Clearinghouse for state agency approvals.

 

Apply for Environmental Review

Here are the steps involved in the environmental review process. 

1. Pre-application conference

This is a meeting with City staff to review policies and regulations. At this meeting topics will include:

  • Whether the project conforms to the General Plan and zoning
  • Potential environmental impacts that will require attention
  • Overview of the environmental assessment application

2. Submit application and pay fees

Complete and submit an environmental assessment application form with your other project application forms. Incomplete or incorrect information may delay the project. They could also result in unnecessary findings. You will also need to make an initial deposit for conducting the review. Learn more about fees, rates and deposits.

3. Preparation of an Initial Study

If your project is determined at this point to be exempt, this and further steps will not be required. If it’s not considered exempt, City staff will prepare an Initial Study. This study outlines all the anticipated environmental impacts of the proposed project. City staff will consult with you to see if you are willing to make modifications to reduce or avoid these impacts.

The Community Development Director will then make one of the following findings:

  • The project will have "No Significant Impacts" on the environment;
  • Modifications in the proposed project description, or mitigation measures you agree to, have reduced environmental impacts to a point of insignificance; or
  • The proposed project will have, or may have, significant impact(s).

If the finding is that the project has significant impacts, skip step 4 and go to step 5.

4. Negative Declaration or Mitigated Negative Declaration

A Negative Declaration is prepared if it is determined that your project will not have a significant effect on the environment. A Mitigated Negative Declaration is prepared if you agree to incorporate mitigation measures. The measures will need to reduce environmental impacts to a point of insignificance.

These declarations are posted for a period of 21 days on the project site, at City Hall, and with the County Clerk in order to provide public review. Any member of the public may appeal the decision to prepare one of these declarations within the 21-day public review period. If there is no appeal, the project approval process may proceed. If an appeal is filed, the Community Development Director will make a final determination about the Declaration’s sufficiency.

Following a Negative Declaration or Mitigated Negative Declaration, skip to step 10.

5. Notice of Intent

If it’s determined that an EIR is required, the next step is to prepare, distribute, and post a Notice of Intent to Prepare an EIR. This lets the public know that an EIR is being prepared. 

Any member of the public who believes that a Negative Declaration should be prepared instead of an EIR can appeal to the City Council within 10 days after the notice is posted.

6. Preparation of a Draft Environmental Impact Report

City staff or a consulting firm will then prepare a draft EIR. This usually takes about four months, but the timeline depends on the complexity of the project. The applicant will be charged to cover the costs of preparing the report.

7. Review of draft report

Once the draft EIR is finished, a Notice of Completion will be prepared and posted. This starts a 30-day public review period. If a State agency is involved, the review period is 45 days. City staff will mail a notice to anyone who has asked to be notified as well as interested local, regional and federal agencies. City staff will also distribute copies of the draft report to people who provided comments on the Notice of Intent (step 5).

8. Final report

After the public review period, City staff will then prepare a final report. This will include:

  • The draft EIR
  • All comments received
  • A list of people, organizations and public agencies commenting on the draft EIR
  • A response from the City on significant environmental issues raised in the draft EIR and comments

9. Certification

The highest decision-making authority (Design Review Commission, Planning Commission, or City Council) for the development proposal must certify the final EIR before or at the time the project is considered for approval. If they choose not to certify the report, they can return it to City staff for further review or information.

10. Project consideration

The results of the environmental review inform the decision-making body as they consider whether to approve the project.

Timeline

The estimated time for environmental review will vary depending upon the complexity of the proposal and staff workloads. The City will notify applicants of CEQA evaluation (whether a project may rely on an exemption, or require an initial study/negative declaration/environmental impact report) that is to be recommended to the highest approving body, and any environmental review documents preparation, if applicable, during the application completeness review process or within 30 days from an application being determined complete. 

Here are estimated timelines:

  • From receipt of complete application to completion of Initial Study: 30 days
  • Preparation, posting, and appeal period for Negative Declaration or Mitigated Negative Declaration: 2-4 months
  • Preparation of Draft and Final EIR (Initial Study, selecting a consultant, Draft EIR, circulation/public review, respond to comments): 6-8 months
  • Total estimated time of process:
    • Negative or Mitigated Negative Declaration: 4-5 months
    • EIR: 7-9 months

Forms and documents

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