Environmental Review for New Developments:
Better Project Management and Reviewing Resources Can Improve the CEQA Process
A Report from the City Auditor
Issued March 2022
http://www.sanjoseca.gov/auditor
Background
• New developments are reviewed to consider
how the project affects the surrounding
environment.
• The California Environmental Quality Act
(CEQA) is the primary piece of legislation that
governs environmental review in San José.
• Agencies must evaluate a variety of impacts,
such as air quality, biological and cultural
resources, traffic, and others.
What is CEQA?
CEQA is a state law that requires
agencies to provide information to
the public about environmental
impacts of new development and
identify ways to potentially
mitigate those impacts, where
possible.
Background
Level of Review Median Length of
Time of Reviews
# of
Projects
Environmental Impact Report (EIR) 21.6 months 13
Supplement to an EIR 17.6 months 8
Negative Declaration / Mitigated
Negative Declaration 12.7 months 60
Finding 1: Improved Internal Processes Can Help
Manage Environmental Reviews
• The CEQA process is lengthy,
requiring coordination among many
different stakeholders.
• Standard project management
procedures can help planners
coordinate work among the parties
and meet timelines.
RECOMMENDATIONS:
To improve the management of the
CEQA process, PBCE should:
→ Expand the model for planners to
handle both the entitlement and
environmental review processes
→ Develop standard project
management procedures around
information sharing, timelines, and
other areas
• The timeliness of the environmental
review process is not currently
measured against goals or targets.
• Standardizing processes can lead to
efficiencies.
• Reinstituting CEQA training for
other City departments can benefit
the overall process.
RECOMMENDATIONS:
→ Set performance targets for CEQA
reviews, and improve data entry to
allow measurement of progress
toward those targets
→ Update and develop tools and
templates to standardize routine
processes
→ Educate City staff in other
departments about the CEQA
process
Finding 1: Improved Internal Processes Can Help
Manage Environmental Reviews
Finding 2: Better Management of Consultants Can Help
Keep Projects on Track
• Environmental consultants hired by
applicants prepare the bulk of the
CEQA analysis.
• In 2019, the City created an optional
list of approved consultants.
• PBCE has drafted guidelines for
environmental consultants about the
City’s CEQA process.
RECOMMENDATIONS:
To improve the management of work
done by consultants, PBCE should:
→ Establish procedures for regular
communication between the
environmental review planners and
consultants, and consider
establishing a list of required
consultants
→ Finalize its draft CEQA guidelines
for consultants
Finding 3: Staffing and Workload Should Be Reviewed to
Ensure the Program Is Sufficiently Resourced
• The CEQA team consists of 11 staff,
including one principal planner who
oversees the team.
• The CEQA team has experienced
turnover and has reported challenges
with high workload; however,
evaluating the resource needs is
challenging.
• Planners on the CEQA team complete
tasks that would be more appropriate
for support staff.
RECOMMENDATIONS:
To better assess and distribute
workload, PBCE should:
→ Update guidelines for how to track
time, including for unbillable time,
and review the related fee
calculations as appropriate
→ Re-assign duties as possible, which
could include filling the team’s
support staff position
Finding 4: Options for City-Initiated Environmental Analysis Should Be Regularly Weighed as Part of Strategic Planning • The City has conducted environmental
analysis that affects the type of review,
or the level of review needed, for new
developments.
• Undertaking this type of environmental
analysis comes at a cost and requires
resources and careful planning.
• Whether to conduct City-initiated
environmental analysis, and what type,
is a policy question.
RECOMMENDATIONS:
To enable the City Council to make
informed decisions about strategic
planning, PBCE should:
→ Regularly present to the City
Council options for analyses that
could streamline environmental
reviews as part of the City’s
comprehensive planning efforts
Conclusion
Our audit report includes a total of 12 recommendations to improve the City’s CEQA process.
We would like to thank the Department of Planning, Building and Code Enforcement and the Office of the City Attorney for their time, information, insight, and cooperation during the audit process.
The audit report is available at www.sanjoseca.gov/auditor