Chapter 2.5: Definitions

§ 21060. Application of definitions

Unless the context otherwise requires, the definitions in

this chapter govern the construction of this division.

§ 21060.1. Agricultural land

(a) "Agricultural land" means prime farmland, farmland of

statewide importance, or unique farmland, as defined by the United

States Department of Agriculture land inventory and monitoring

criteria, as modified for California.

(b) In those areas of the state where lands have not been surveyed

for the classifications specified in subdivision (a), "agricultural

land" means land that meets the requirements of "prime agricultural

land" as defined in paragraph (1), (2), (3), or (4) of subdivision

§ 21060.3. Emergency

"Emergency" means a sudden, unexpected occurrence,

involving a clear and imminent danger, demanding immediate action to

prevent or mitigate loss of, or damage to, life, health, property, or

essential public services. "Emergency" includes such occurrences as

fire, flood, earthquake, or other soil or geologic movements, as

well as such occurrences as riot, accident, or sabotage.

§ 21060.5. Environment

"Environment" means the physical conditions which exist

within the area which will be affected by a proposed project,

including land, air, water, minerals, flora, fauna, noise, objects of

historic or aesthetic significance.

§ 21061. Environmental impact report

"Environmental impact report" means a detailed statement

setting forth the matters specified in Sections 21100 and 21100.1;

provided that information or data which is relevant to such a

statement and is a matter of public record or is generally available

to the public need not be repeated in its entirety in such statement,

but may be specifically cited as the source for conclusions stated

therein; and provided further that such information or data shall be

briefly described, that its relationship to the environmental impact

report shall be indicated, and that the source thereof shall be

reasonably available for inspection at a public place or public

building. An environmental impact report also includes any comments

which are obtained pursuant to Section 21104 or 21153, or which are

required to be obtained pursuant to this division.

An environmental impact report is an informational document which,

when its preparation is required by this division, shall be

considered by every public agency prior to its approval or

disapproval of a project. The purpose of an environmental impact

report is to provide public agencies and the public in general with

detailed information about the effect which a proposed project is

likely to have on the environment; to list ways in which the

significant effects of such a project might be minimized; and to

indicate alternatives to such a project.

In order to facilitate the use of environmental impact reports,

public agencies shall require that such reports contain an index or

table of contents and a summary. Failure to include such index,

table of contents, or summary shall not constitute a cause of action

pursuant to Section 21167.

§ 21061.1. Feasible

"Feasible" means capable of being accomplished in a

successful manner within a reasonable period of time, taking into

account economic, environmental, social, and technological factors.

§ 21061.2. Land evaluation and site assessment

"Land evaluation and site assessment" means a

decisionmaking methodology for assessing the potential environmental

impact of state and local projects on agricultural land.

§ 21061.3 Infill Site

"Infill site" means a site in an urbanized area that

meets either of the following criteria:

(a) The immediately adjacent parcels are developed with qualified

urban uses or at least 75 percent of the perimeter of the site

adjoins parcels that are developed with qualified urban uses and the

remaining 25 percent of the site adjoins parcels that have previously

been developed for qualified urban uses, and the site has not been

developed for urban uses and no parcel within the site has been created within the past 10 years.

(b) The site has been previously developed for qualified urban

uses.

§ 21062. Local agency

"Local agency" means any public agency other than a state

agency, board, or commission. For purposes of this division a

redevelopment agency and a local agency formation commission are

local agencies, and neither is a state agency, board, or commission.

§ 21063. Public agency

"Public agency" includes any state agency, board, or

commission, any county, city and county, city, regional agency,

public district, redevelopment agency, or other political

subdivision.

§ 21064. Negative declaration

"Negative declaration" means a written statement briefly

describing the reasons that a proposed project will not have a

significant effect on the environment and does not require the

preparation of an environmental impact report.

§ 21064.3. Major transit stop

"Major transit stop" means a site containing an existing

rail transit station, a ferry terminal served by either a bus or rail

transit service, or the intersection of two or more major bus routes

with a frequency of service interval of 15 minutes or less during

the morning and afternoon peak commute periods.

§ 21064.5. Mitigated negative declaration

"Mitigated negative declaration" means a negative

declaration prepared for a project when the initial study has

identified potentially significant effects on the environment, but

(1) revisions in the project plans or proposals made by, or agreed to

by, the applicant before the proposed negative declaration and

initial study are released for public review would avoid the effects

or mitigate the effects to a point where clearly no significant

effect on the environment would occur, and (2) there is no

substantial evidence in light of the whole record before the public

agency that the project, as revised, may have a significant effect on

the environment.

§ 21065. Project

"Project" means an activity which may cause either a direct

physical change in the environment, or a reasonably foreseeable

indirect physical change in the environment, and which is any of the

following:

(a) An activity directly undertaken by any public agency.

(b) An activity undertaken by a person which is supported, in

whole or in part, through contracts, grants, subsidies, loans, or

other forms of assistance from one or more public agencies.

permit, license, certificate, or other entitlement for use by one or

more public agencies.

§ 21065.3. Project-specific effect

"Project-specific effect" means all the direct or indirect

environmental effects of a project other than cumulative effects and

growth-inducing effects.

§ 21065.5. Geothermal exploratory project

"Geothermal exploratory project" means a project as

defined in Section 21065 composed of not more than six wells and

associated drilling and testing equipment, whose chief and original

purpose is to evaluate the presence and characteristics of geothermal

resources prior to commencement of a geothermal field development

project as defined in Section 65928.5 of the Government Code. Wells

included within a geothermal exploratory project must be located at

least one-half mile from geothermal development wells which are

capable of producing geothermal resources in commercial quantities.

§ 21066. Person

"Person" includes any person, firm, association,

organization, partnership, business, trust, corporation, limited

liability company, company, district, county, city and county, city,

town, the state, and any of the agencies and political subdivisions

of those entities, and, to the extent permitted by federal law, the

United States, or any of its agencies or political subdivisions.

§ 21067. Lead agency

"Lead agency" means the public agency which has the

principal responsibility for carrying out or approving a project

which may have a significant effect upon the environment.

§ 21068. Significant effect on the environment

"Significant effect on the environment" means a substantial,

or potentially substantial, adverse change in the environment.

§ 21068.5. Tiering or tier

"Tiering" or "tier" means the coverage of general matters

and environmental effects in an environmental impact report prepared

for a policy, plan, program or ordinance followed by narrower or

site-specific environmental impact reports which incorporate by

reference the discussion in any prior environmental impact report and

which concentrate on the environmental effects which (a) are capable

of being mitigated, or (b) were not analyzed as significant effects

on the environment in the prior environmental impact report.

§ 21069. Responsible agency

"Responsible agency" means a public agency, other than the

lead agency, which has responsibility for carrying out or approving a

project.

§ 21070. Trustee Agency

"Trustee agency" means a state agency that has

jurisdiction by law over natural resources affected by a project,

that are held in trust for the people of the State of California.

§ 21071. Urbanized area; definition;

"Urbanized area" means either of the following:

(a) An incorporated city that meets either of the following

criteria:

(1) Has a population of at least 100,000 persons.

(2) Has a population of less than 100,000 persons if the

population of that city and not more than two contiguous incorporated

cities combined equals at least 100,000 persons.

(b) An unincorporated area that satisfies the criteria in both

paragraph (1) and (2) of the following criteria:

(1) Is either of the following:

(A) Completely surrounded by one or more incorporated cities, and

both of the following criteria are met:

(i) The population of the unincorporated area and the population

of the surrounding incorporated city or cities equals not less than

100,000 persons.

(ii) The population density of the unincorporated area at least

equals the population density of the surrounding city or cities.

(B) Located within an urban growth boundary and has an existing

residential population of at least 5,000 persons per square mile.

For purposes of this subparagraph, an "urban growth boundary" means a

provision of a locally adopted general plan that allows urban uses

on one side of the boundary and prohibits urban uses on the other

side.

(2) The board of supervisors with jurisdiction over the

unincorporated area has previously taken both of the following

actions:

(A) Issued a finding that the general plan, zoning ordinance, and

related policies and programs applicable to the unincorporated area

are consistent with principles that encourage compact development in

a manner that does both of the following:

(i) Promotes efficient transportation systems, economic growth,

affordable housing, energy efficiency, and an appropriate balance of

jobs and housing.

(ii) Protects the environment, open space, and agricultural areas.

(B) Submitted a draft finding to the Office of Planning and

Research at least 30 days prior to issuing a final finding, and

allowed the office 30 days to submit comments on the draft findings

to the board of supervisors.

§ 21072. Qualified urban use; definition

“Qualified urban use" means any residential, commercial,

public institutional, transit or transportation passenger facility,

or retail use, or any combination of those uses.