Using CEQA to Protect Your Community

A brief guide to the California Environmental Quality Act Did You Know? Your Community Has a Right to Know & Act

What Is the California ways of reducing these impacts are Environmental Quality Act? developed through a public partici- Have you, or has some- pation process in which the views of one you know, had to The California Environmental Qual- neighborhood residents must be tak- leave your home or ity Act, or“CEQA”(pronounced“SEE- en into account. seen a favorite gather- quah”), was passed in 1970. CEQA de- ing place demolished clares it state policy to“develop and Would new buildings result in more cars on the streets, increased con- to make way for new maintain a high-quality environment now and in the future, and to take gestion, and air pollution? Would development? What all action necessary to protect, re- the project tear down a historically places mattered to habilitate, and enhance the environ- significant building? CEQA gives you you that are no longer mental quality of the state.”It helps and your neighbors the right to have there? safeguard the natural environment your voices heard when decisions as well as historic places that you and about a proposed project are being other members of the community made. CEQA does have limitations, Did you know that you can do consider too important to tear down. however, and it does not guarantee something about this? CEQA is the primary legal tool used that a historic building will be saved. in California to protect historic sites Many people have seen the destruc- threatened with demolition. tion of historic neighborhoods and sites without knowing that their voice At its simplest, CEQA requires This booklet offers basic could have made a difference. You a report to the public (called information about CEQA and have a say in how your community an“E I R”or“environmental impact how you can use it to empower, changes over time. There is a state report”) describing how a proposed protect, and enhance your law that gives you the right to know development project would affect community. The examples about development projects in your the quality of life of communities, show how various communities neighborhood and how they affect including our basic rights to clean have used it in different ways. your community. Known as the Cali- air, toxic-free buildings, ease of traf- It is important to note that this fornia Environmental Quality Act, fic, and cultural heritage. It requires is only one strategy to consider this law gives you a voice in the pro- our government agencies to avoid or in your overall plan—one tool cess and tools to help you protect minimize those impacts to the extent in your toolbox. But it is an important places, your quality of life, feasible by examining alternative ap- important one. and the future of your neighborhood. proaches to the project. The specific

At left: CEQA helps protect designated landmarks such as the historic bridges spanning the Los Angeles River, including the North Broadway Bridge (foreground) and the North Spring Street Viaduct. Photo by Kevin Break. 1 Why Care? Understanding CEQA

Understanding CEQA and apply- ing it to your organizing strategy can help you prevent the destruction of important landmarks in your community. You can help save a historic building or cultural space, protect your historic home, and actively participate in land use decisions that affect the quality of life in your neighborhood.

Historic buildings and neighborhoods serve as tangible links to our history and our collective memories. Because many cultural centers, residences, and small businesses occupy older buildings, preserving these spaces also maintains important anchors and services for the community.

Losses That Might Have Been opposing the 710 Freeway extension Prevented if CEQA Had Been through El Sereno, South Pasadena, in Place and Pasadena. In this case, CEQA was used in conjunction with federal en- With the postwar construction of vironmental laws to halt the destruc- freeways that crisscross Los Angeles, tion of almost 1,000 homes and the entire neighborhoods in East L.A., division of four nationally recognized Boyle Heights, and elsewhere were historic districts. paved over, divided, and destroyed. In the 1960s, before the passage of In 1973, the City of South Pasadena CEQA, the construction of the East obtained an injunction prohibiting Los Angeles Interchange in Boyle the California Department of Trans- Heights isolated neighborhoods, portation (Caltrans) from building the Above: The 1927 McKinley Building displaced 10,000 people, and de- extension until an environmental im- on Wilshire Boulevard was demol- pact report (EIR) was properly com- ished in 1998, erasing an important molished 29,000 homes. At the time, link to the community’s past. Photo community members protested, pleted. Another injunction resulted from L.A. Conservancy archives. wrote letters to their councilmember, from a 1999 lawsuit filed by the Na- attended meetings, formed commit- tional Trust for Historic Preservation, Top right: The Granados family home the City of South Pasadena, and a in El Sereno, one of nearly 1,000 tees, and demonstrated in the streets. homes threatened with demolition Despite their pleas, the project went coalition of community and pres- for the 710 Freeway extension. Photo forward. It is now the busiest freeway ervation groups. As a result of this courtesy Friezer Photography for the interchange in the United States. broad-based call for an alternative to National Trust for Historic Preserva- demolition, Caltrans and the Federal tion. Today, CEQA helps safeguard com- Highway Administration are still ex- munities by giving residents legal ploring sensitive approaches to the tools to protect their neighbor- project. hoods. A good example of this is the decades-long grassroots campaign 2 How It Works: The Environmental Impact Report

CEQA requires that project impacts on historical resources be recognized A Different Strategy: and considered by the city, county, Negotiating with the state, or other governmental agen- Developer cy (the“lead agency”) responsible for approving a project that could In some cases, the developer can destroy or otherwise adversely af- be convinced to change its proj- fect these resources. In some cases, ect or sell the property, especially the lead agency determines that the in the face of well-organized community opposition. Community project will not have negative en- activists can help by bringing for- vironmental impacts or that its im- ward potential buyers committed pacts can be avoided by requiring What Is a Historical Resource? to reusing the site in a way that the developer to meet certain con- is consistent with the needs of ditions, or“mitigation measures.”If In order to take full advantage of legal the community. You can also ask the project poses significant environ- protections under CEQA, it is essential your City Council representative mental impacts that cannot easily be to first establish the significance of or County Supervisor to convene and mediate discussions between avoided, an environmental impact the building being threatened. To report (EIR) is prepared. the community and the develop- automatically qualify as a“historical er. If the EIR does not comply with resource”under CEQA, and trigger CEQA, a viable lawsuit may be the The EIR is considered the heart of the requirement for an EIR, any build- last chance to prevent demolition. CEQA, providing the public and deci- ing targeted for demolition must be: Efforts to work with the developer sion makers with an in-depth review (1) listed or determined eligible for can significantly strengthen your of a project’s environmental impacts listing in the National Register of His- position. and feasible alternatives that would toric Places or the California Register reduce those impacts. The EIR pro- of Historical Resources; or (2) listed in On rare but noteworthy occa- cess is the best opportunity for a city register of historic landmarks. sions, local residents have worked members of the public to promote with the developer and garnered However, a resource does not have enough financial support to buy alternatives to demolition. If an EIR to be officially designated in order studies a feasible alternative to de- the property and adapt the space to trigger the requirement for an EIR to continue serving the commu- molition, the lead agency may be re- under CEQA. nity. quired to change the project to reduce its impact on historical resources. This is where your role is so important. If a building threatened with demolition is not already listed in a historic register, members of the public must convince local officials Top photo: The preservation of the Michael White Adobe (circa 1845) in that it qualifies as historic and is wor- San Marino was supported by the thy of protection. Community activ- community when it was threatened ists need to research the site; share with demolition in 2008. Photo by your stories; and submit documenta- L.A. Conservancy staff. tion, photos, and expert testimony Bottom photo: The Self Help Graph- early in the environmental review ics & Art Building houses a thriving process to show why the building is cultural center for Chicana/o art in significant and meets local or state the heart of unincorporated East Los requirements for historic status. Angeles. Photo by Edgar Garcia.

3 What You Can Do

Document the history of the Prepare a landmark nomination. Monterey County Jail building. Is the building a signifi- In cities with a historic preservation cant gathering place for the com- ordinance, buildings that have been In December 1970, legendary munity? Does it have artistic, cul- listed as city landmarks automatically labor leader Cesar Chavez was tural, or architectural value? Did an trigger review under CEQA and other detained for twenty days at the important event happen there? Talk protections under local law. These Monterey County Jail in Salinas, processes give the public an oppor- California after refusing to stop a to your neighbors and document widespread lettuce boycott orga- their memories; gather old photos tunity to propose alternatives to the nized as part of the United Farm and newspaper clippings that tell the project. For more information about Workers movement. His deten- story of the site. Find out the crite- how to nominate a building for land- tion was an important moment in ria for listing a resource in a local or mark designation, contact the L.A. our country’s labor history. state historic register, and point out Conservancy or visit reasons why the building appears to www.laconservancy.org. When Monterey County an- meet one or more criteria. For tips nounced plans to demolish the on more in-depth research, contact jail in 2001, the County denied the Los Angeles Conservancy or visit that the building was historic and issued a demolition permit www.laconservancy.org. without preparing an EIR. Local activists and community histo- rians testified at hearings about the jail’s cultural and architectural significance, and later filed a lawsuit to stop its demolition.

Although the County dis- We need to help missed the public testimony as“unsubstantiated opinion,”the court disagreed and ordered the students and County to prepare an EIR. If there is a“fair argument”made that parents cherish a building may qualify for the California Register of Historical Resources, it must be treated as and preserve historic for purposes of CEQA review. The jail is still standing today the ethnic and and is listed in the National Regis- ter of Historic Places, although its ultimate fate remains unresolved. cultural diversity that nourishes and strengthens At right: Cesar Chavez leaves the Monterey County Jail in Salinas with supporters on December 24, 1970. this community... Photo courtesy Monterey County Herald. and this nation. -Cesar E. Chavez

4 Step 1: The Scoping Process

Before an EIR is released, the lead agency must first determine which Wyvernwood Garden environmental impacts and alterna- Apartments tives to the project should be stud- ied. The process of deciding what Built in 1939, Wyvernwood was topics should be evaluated in the EIR the first large-scale garden apart- is called“scoping.”The lead agency ment complex in Los Angeles. issues a Notice of Preparation of Spanning more than seventy acres in Boyle Heights, the site an EIR, which is a document that de- has been determined eligible for scribes the project and invites public listing in the National Register of input. provide lots of information about the Historic Places. Wyvernwood is significance of a building threatened also significant for its close-knit In addition to posting notices at the with demolition. It is also helpful to community: family ties span- project site, the lead agency is re- provide specific suggestions on how ning generations have shaped its quired to mail copies to organiza- the proposed project can be changed unique sense of place. tions and individuals who have re- to save the historic building and meet quested notice in writing. Notices most of the developer’s goals. In January 2008, the owner an- must also be published in the local nounced plans for a $2 billion, 4,400-unit mixed-use project that newspaper and posted at the County CEQA is flexible enough to allow his- would quadruple the site’s den- Recorder’s office. A thirty-day review toric buildings to adapt to changing sity and destroy Wyvernwood’s period is required to allow members needs over time. This means that, park-like setting. Wyvernwood of the public to respond to the Notice for example, an abandoned building residents quickly mobilized to op- of Preparation. Sometimes the lead that was once an important gather- pose demolition. agency will also hold a public scoping place can be altered or expanded ing meeting. to meet the developer’s needs, while Leaders of Comité de la Esperanza, a still maintaining its presence in the longtime residents’group, knocked At this stage in the process, it is im- community. on doors to let their neighbors portant for community activists to know about the proposed project and organized a march to the public scoping meeting. With City Coun- cil staff and the media looking on, hundreds of residents loudly protested against the project.

The future of Wyvernwood remains uncertain, but the residents’message is clear: our homes and community matter, and we will influence the changes that affect our neighborhood.

Top photo: 2001 soccer tournament at Wyvernwood, known as Mundiali- to de la Esperanza. Photo by Roberto Mojica, El Comité de la Esperanza.

Bottom photo: Wyvernwood residents and supporters march through the historic garden apartment complex to the EIR scoping meeting in 2009. Photo by Gumaro Oviedo, El Comité de la Esperanza.

5 What You Can Do

Share your memories. Submit Develop clear and concise mes- Building the Record a letter during the scoping process saging. Work with others to create explaining why the historic site is im- talking points that summarize the In order to successfully challenge portant, including personal stories, building’s significance and the goals the lead agency’s approval of a interviews, newspaper articles, old of your campaign. You and others can project that would demolish a photos, flyers, and mementos. use the talking points for clarity and historic building, evidence must consistency in speaking with other be presented to decision makers during the environmental review Share your ideas. Provide specific residents, potential allies, media, and process. Relevant documents suggestions on how the project can public officials. should be submitted to the lead be changed to save the historic build- agency far enough in advance of ing and accomplish at least some of Meet with elected officials. Con- the final decision to allow time for the developer’s goals. The project tact your City Councilmember or careful consideration and deliber- goals should be listed in the Notice County Supervisor early in the pro- ation, although they may be sub- of Preparation. cess. Meet with them or their staff to mitted up until the close of the explain why the building is important, final public hearing at which the Keep informed. Submit a written and ask for their help in identifying project is approved. These documents may include: request to the Planning Department possible solutions or mediating dis- staff assigned to the project asking to cussions with the developer. • Expert reports and studies receive notice of future public meet- regarding the building’s eli- ings and documents released for Seek media coverage. Favorable gibility for historic listing. public comment. press coverage is essential to sway- ing public opinion and persuading • Photos, video, news cover- elected officials. Community activists age, and newsletter articles need to build relationships with the conveying the site’s signifi- media by hosting press events, is- cance. suing press releases, and submitting • Expert information relating letters to the editor. to the feasibility of alternatives, such as letters from the Los Angeles Conservancy and/or historic preservation architects and engineers.

• Examples of successful preservation projects around the state or nation—citing suc- cess stories of similar projects helps the public and decision makers visualize the end result.

At right: The Boyle Hotel (1889) is one of the most prominent and historic structures on L.A.’s Eastside. The hotel has served as home to count- less mariachi musicians, who practice their craft in the adjacent Mariachi Plaza. Photos by Miguel Gandert.

6 Step 2: Draft Environmental Impact Report

Following the scoping process, the most likely on disk, if you asked for owner’s needs? Historic preservation lead agency prepares a draft ver- notification in the previous step. If efforts are rarely successful if they sion of the EIR that is released to the not, check the Planning Department oppose demolition without offering public for comment. In general, the page on the lead agency’s website an alternative that takes into account public review period for a Draft EIR to download a copy. EIRs are very the developer’s financial needs and ranges from thirty to sixty days. lengthy documents; you can get other project goals. A purely anti-de- much of what you need from the Ex- molition stance may be discounted as The EIR must contain a summary of ecutive Summary. extreme and inflexible. the proposed project and its environmental consequences—including a In commenting on the Draft EIR, com- Although CEQA helps safeguard his- list of significant negative impacts— munity activists will need to continue toric buildings, it does not dictate and study a reasonable range of al- advocating for alternatives that can how they should be used. It’s easier ternatives to the project that would save the historic building while meet- to build public and political sup- reduce those impacts. It must also ing most of the developer’s goals. port for an alternative solution address the issues raised in your com- Would reducing the size of the pro- that meets most of the goals of the ments on the Notice of Preparation posed project help save the historic proposed project. during the previous scoping process. building? Can the historic building be You should receive a copy of the EIR, modified or expanded to meet the

Built brick by brick by community members, the Maravilla Handball Court (1923) is the oldest handball court in East Los Angeles.“It is my pas- sion to save the legacy of my people, my community, and our Chicano culture,”says Maravilla Historical Society President Amanda Pérez, who grew up in the Maravilla neighborhood.“We want this place to be a beacon for all to come and step into the past, present, and future.”Photos by Steve Saldivar (top) and L.A. Conservancy staff (left).

7 What You Can Do

Read the Executive Summary. Cathedral of Saint Vibiana The EIR can be lengthy and difficult to understand. Start by reading In 1996, the Roman Catholic Arch- the Executive Summary for an diocese of Los Angeles attempted overview of the project and its goals, to demolish the Cathedral of St. environmental impacts, and possible Vibiana. Built in 1876, it is the old- alternatives. est structure in the historic core of downtown Los Angeles. Read the Historic Resources/ With the wrecking ball poised a Cultural Resources section of few feet from the cathedral, the the EIR. Learn about how the lead Attend public meetings. When Los Angeles Conservancy ob- agency has analyzed the historic and the lead agency holds meetings tained a temporary restraining cultural significance of the existing on the project, it is essential for order to stop the destruction building or property, and what project community members to show up and because the Archdiocese did not have a demolition permit. The alternatives have been considered voice their concerns. Because political City then attempted to circum- that would preserve some or all of pressure to approve a project can vent CEQA by revoking the cathe- the historic resource. be intense, it is important that the dral’s designation as a local his- community be well organized to rally toric landmark, hoping this would against demolition. exempt the building from CEQA review. The Conservancy filed a Bring in the experts. If the lead second lawsuit and obtained a agency says that a historic resource preliminary injunction, based on cannot be saved because of its the City’s failure to prepare an EIR proving that there were no fea- location or poor condition, get help sible alternatives to demolition. from an architect, engineer, or friendly developer who specializes in As a result of the lawsuit, the historic buildings. They can present Archdiocese ultimately chose to an alternative proposal, evaluate its develop a new cathedral complex costs, or challenge negative claims by at another downtown location. A the owner. preservation developer bought the former cathedral and trans- Talk to an attorney. Seek the formed it into a thriving perform- ing arts venue and event space. advice of an attorney who specializes in CEQA to help you participate most effectively in the EIR process. In many instances, CEQA lawyers represent community groups on a pro bono basis or at a reduced rate, especially At right: The restored interior and ex- if you are well organized. For names terior of the former Cathedral of St. of attorneys who specialize in CEQA Vibiana, now a thriving performance and historic preservation law, you can and event space. Photos by Gary contact the Los Angeles Conservancy. Leonard (top) and Ben Welsh (bottom).

8 Step 3: Final Environmental Impact Report

The Final EIR must respond to all In the final stage of the process, the comments and questions submitted lead agency will“certify”the EIR and Lincoln Place Garden during the Draft EIR review period, approve the proposed project or an Apartments as well as evaluate the feasibility of alternative project. They may also alternatives that would approve a list of require- Completed in 1951, the Lin- preserve the historic ments, or“mitigation coln Place Garden Apartment building. Based on the measures,”that must complex in Venice is one of Los analyses in the Final be completed in order Angeles’few examples of large- scale garden apartment design. EIR, the lead agency will to reduce environmen- In 2001, the previous owner an- then decide whether or tal impacts. If adverse nounced a full-scale demolition not to approve the pro- environmental impacts and redevelopment plan to build posed project. cannot be avoided, the hundreds of market-rate condo- lead agency will adopt a miniums. Although the lead “statement of overriding agency is not required considerations,”expressing The fight to save Lincoln Place to solicit comments the agency’s determina- evolved into an epic preservation on the Final EIR, there tion that the advantages of and tenant-rights battle with il- are typically additional proceeding with the project legal demolitions, CEQA lawsuits, multiple hearings before the State hearings before local outweigh the detriment of Historical Resources Commission, review boards and commissions— losing a valuable historic resource, and and, ultimately, evictions. such as the Planning Commission or explaining why. This determination may, City Council committees—where the in some circumstances, be challenged in In 2010, following years of ne- public can testify and submit written court. gotiations, the Los Angeles City information. Council approved a settlement agreement between the Lincoln Place Tenants Association and the current property owner that What You Can Do will rehabilitate all existing buildings, enable eighty-three evicted Continue to submit new infor- information supporting the signifi- tenants to return, and reactivate mation. It is extremely important for cance of a building or the feasibility hundreds of rent-stabilized units the community to participate in every of an alternative can be submitted at on the Westside. step of the EIR process. Although it is any time before the final decision on most effective when submitted ear- the project. ly on in the process, testimony and

Top photo: Detail of Lincoln Place Garden Apartments in Venice. Photo by Ingrid E. Mueller.

Bottom photo: Community members rally in support of Lincoln Place Gar- den Apartments on Martin Luther King, Jr. Day in 2006. Photo courtesy Venice Arts Council.

9 CEQA Workshops Available Are you interested in finding out more about CEQA and how you can use it to protect and enhance the historic resources in your community? The Los Angeles Conservancy can present workshops for ten or more people who are working on an active preservation advocacy issue and who need technical advice on how to proceed. For more information, please contact the Conservancy at (213) 623-2489 or [email protected]. For More Information Some of these links go to downloadable Adobe PDF files; you can download the free Adobe Acrobat Reader at www. adobe.com/reader.

Everyday Heroes: Thirty-Five Years of the California Environmental Quality Act Inspirational resource with case studies and a chapter specifically addressing historic resources; prepared by the Planning and Conservation League Foundation www.pcl.org/projects/everydayheroes.html www.pcl.org/projects/everydayheroes.html Guide to Understanding CEQA in the City of Los Angeles: An Easy-to-Use Primer on the California Environmental Quality Act Older, but still relevant, document specific to Los Angeles; prepared by the City of Los Angeles Environmental Affairs Department www.ci.la.ca.us/ead/pdf/CEQA_handbook.pdf www.ci.la.ca.us/ead/pdf/CEQA_handbook.pdf California Environmental Resources Evaluation System (CERES) CEQA Website Database with more advanced, comprehensive CEQA information, including case law http://ceres.ca.gov/ceqa

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

At right: The Maravilla Handball Court is part of the National Trust for Historic Preservation’s “This Place Matters”campaign, spearheaded locally by the Los Angeles Conservancy, which identifies important historic sites that merit national attention. Photo by Steve Saldivar. 10 About the Los Angeles Conservancy The Los Angeles Conservancy is a nonprofit membership organization that works through education and advocacy to recognize, preserve, and revitalize the historic architectural and cultural resources of Los Angeles County. A group of concerned citizens founded the Conservancy in 1978 as part of the community-based effort to prevent demolition of the Los Angeles Central Library. With 6,000 members and hundreds of volunteers, the Conservancy is now the largest group of its kind in the U.S. For more information, visit www.laconservancy.org. Credits Funded by the California Community Foundation

This project is assisted by a Partners in the Field challenge grant from the National Trust for Historic Preservation.

Design by Robert Loza, SolSoul Designs Text by Los Angeles Conservancy staff Spanish Translation by Accent on Languages, Inc. Printing sponsored by

Front 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 Towers of Simon Rodia, Watts (Abbey Hambright) Special Thanks Mitchell Abbott, Richards, Watson & Gershon Susan Brandt-Hawley, Brandt-Hawley Law Group Eli Flores, The Graff Lab, Pico Union Housing Corporation Gumaro Oviedo, El Comité de la Esperanza, Wyvernwood Garden Apartments Michael Palumbo, Lincoln Place Tenants Association Ami Pascual Spear, M.C.P./Principal, Pascual Spear Associates Amanda Pérez, Maravilla Historical Society Carolina Sarmiento, El Centro Cultural de Mexico, Santa Ana Janna 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]