PROPOSED AMENDMENTS TO THE STATE CEQA GUIDELINES
REVISED TEXT IN RESPONSE TO PUBLIC COMMENT

December 18, 1996

For this on-line version of the proposed revisions to the text of the language as originally noticed on April 14,1996 are denoted by GREEN CAPITALIZED text. The revisions noticed on April 14th themselves are denoted by ITALICIZED text. If your browser does not support colored text please request a hardcopy from the Resources Agency at 916-653-5656.


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15060.5. Preapplication Consultation. [New section.]

For a proposed project involving the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies, the lead agency shall, upon the request of the potential applicant and prior to ACCEPTANCE THE FILING of a formal application, provide for consultation WITH THE APPLICANT TO CONSIDER THE RANGE OF ACTIONS, POTENTIAL AND SIGNIFICANT ENVIRONMENTAL EFFECTS, POTENTIAL ALTERNATIVES, AND MITIGATION MEASURES. THE LEAD AGENCY MAY INCLUDE AMONG one or more responsible agencies, trustee agencies, and other public agencies who in the opinion of the lead agency will have an interest in the proposed project. THE APPLICANT MAY PARTICIPATE IN THE PREAPPLICATION CONSULTATION. THE CONSULTATION SHALL CONSIDER THE RANGE OF ACTIONS, POTENTIAL AND SIGNIFICANT ENVIRONMENTAL EFFECTS, POTENTIAL ALTERNATIVES, AND MITIGATION MEASURES. THE OFFICE OF PERMIT ASSISTANCE IN THE TRADE AND COMMERCE AGENCY MAY BE CONSULTED FOR HELP IN IDENTIFYING INTERESTED AGENCIES, TO CALL A CONFERENCE OF PARTIES TO RESOLVE QUESTIONS OR TO MEDIATE DISPUTES.

Authority: Public Resources Code Sections 21083 and 21087.
References: Public Resources Code Sections 21080.1, Government Code Section 15399.55

15064. Determining Significant Effect.

(a) [no change]

(b) The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved, based to the extent possible on scientific and factual data. An ironclad definition of significant effect is not ALWAYS possible because the significance of an activity may vary with the setting. For example, an activity which may not be significant in an urban area may be significant in a rural area.

(c) In determining whether an effect will be adverse or beneficial, the Lead Agency shall consider the views held by members of the public in all areas affected as expressed in the record before the lead agency. If the Lead Agency expects that there will be a substantial body of opinion that considers or will consider the effect to be adverse, the Lead Agency shall regard the effect as adverse. Before requiring the preparation of an EIR, the Lead Agency must still determine whether environmental change itself might be substantial.

(d) In evaluating the significance of the environmental effect of a project, the Lead Agency shall consider both primary or direct and secondary or indirect consequences. IF THE PROJECT CAUSES A direct physical changes in the environment WHICH MAY BE CAUSED BY THE PROJECT or a reasonably foreseeable indirect physical change in the environment WHICH MAY BE CAUSED BY THE PROJECT.

(1) Primary consequences A dDirect physical changes in the environment are those ARE IS A PHYSICAL CHANGE IN THE ENVIRONMENT WHICH IS CAUSED BY AND immediately related to the project. EXAMPLES OF DIRECT PHYSICAL CHANGES IN THE ENVIRONMENT ARESUCH AS the dust, noise, and traffic of heavy equipment that would result from construction of a sewage treatment plant and possible odors from operation of the plant.

(2) Secondary consequences are related more to effects of the primary consequences than to the project itself and may be several steps removed from the project in a chain of cause and effect. AN REASONABLY FORESEEABLE indirect physical change in the environment is A PHYSICAL CHANGE IN THE ENVIRONMENT WHICH IS NOT IMMEDIATELY RELATED TO THE PROJECT, BUT WHICH IS CAUSED INDIRECTLY BY THE PROJECT. RELATED TO THE EFFECTS OF THE DIRECT PHYSICAL CHANGE. IF A DIRECT PHYSICAL CHANGE IN THE ENVIRONMENT IN TURN CAUSES A SECONDARY CHANGE IN THE ENVIRONMENT, THEN THE SECONDARY CHANGE IS AN INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT. For example, THE CONSTRUCTION OF A NEW SEWAGE TREATMENT PLANT MAY FACILITATE POPULATION GROWTH IN THE SERVICE AREA DUE TO THE INCREASE IN SEWAGE TREATMENT CAPACITY AND MAY LEAD TO AN INCREASE IN AIR POLLUTION OPERATION OF A NEW FACILITY MAY CAUSE AS A DIRECT IMPACT EMISSIONS OF PARTICULATES, POLLUTION, OR HAZARDOUS SUBSTANCES. IF THOSE EMISSIONS MAY CAUSE HEALTH IMPACTS TO HUMANS, THE HEALTH IMPACTS ARE AN INDIRECT PHYSICAL CHANGE.

(3) AN INDIRECT PHYSICAL CHANGE IS TO BE CONSIDERED ONLY IF THAT CHANGE IS A REASONABLY FORESEEABLE IMPACT WHICH MAY BE CAUSED BY THE PROJECT. A CHANGE WHICH IS SPECULATIVE OR UNLIKELY TO OCCUR IS NOT REASONABLY FORESEEABLE. A CHANGE WHICH MIGHT OCCUR ONLY AFTER THE OCCURRENCE OF SOME INDEPENDENT EVENT, SUCH AS THE APPROVAL OF ANOTHER PROJECT, IS NOT A REASONABLY FORESEEABLE IMPACT OF THE PROJECT.


(E) A CHANGE IN THE ENVIRONMENT WHICH DOES NOT EXCEED AN EXISTING STATE OR REGIONAL AGENCY STANDARD GOVERNING THAT CHANGE IS NOT A "SIGNIFICANT EFFECT ON THE ENVIRONMENT."

(E)(F) Some examples of consequences which may be deemed to be a significant effect on the environment are contained in Appendix G.

(F)(G) Economic and social changes resulting from a project shall not be treated as significant effects on the environment. Economic or social changes may be used, however, to determine that a physical change shall be regarded as a significant effect on the environment. Where a physical change is caused by economic or social effects of a project, the physical change may be regarded as a significant effect in the same manner as any other physical change resulting from the project. Alternatively, economic and social effects of a physical change may be used to determine that the physical change is a significant effect on the environment. If the physical change causes adverse economic or social effects on people, those adverse effects may be used as the basis for a factor in determining that whether the physical change is significant. For example, if a project would cause overcrowding of a public facility and the overcrowding causes an adverse effect on people, the overcrowding would be regarded as a significant effect.

(G)(H) The decision as to whether a project may have one or more significant effects shall be based on INFORMATION SUBSTANTIAL EVIDENCE in the record of the Lead Agency.

(1) If the Lead Agency finds there is substantial evidence in the record that the project may have a significant effect on the environment, the Lead Agency shall prepare an EIR (Friends of B Street v. City of Hayward (1980) 106 Cal.App.3d 988). Said another way, if a Lead Agency is presented with a fair argument that a project may have a significant effect on the environment, the Lead Agency shall prepare an EIR even though it may also be presented with other substantial evidence that the project will not have a significant effect (No Oil, Inc. v. City of Los Angeles 91974) 13 Cal.3d 68).
 
(2) If the Lead Agency finds there is substantial evidence in the record that the project may have a significant effect on the environment but the Lead Agency determines that revisions in the project plans or proposals made by, or agreed to by, the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur and 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 then a Mitigated Negative Declaration shall be prepared.
 
(2) (3) If the Lead Agency finds there is no substantial evidence that the project may have a significant effect on the environment, the Lead Agency shall prepare a Negative Declaration (Friends of B Street v. City of Hayward (1980) 106 Cal. App.3d 988).


(H) (I) IN MARGINAL CASES WHERE IT IS NOT CLEAR WHETHER THERE IS SUBSTANTIAL EVIDENCE THAT A PROJECT MAY HAVE A SIGNIFICANT EFFECT, THE LEAD AGENCY SHALL BE GUIDED BY THE FOLLOWING FACTORS PRINCIPLES:

(1) (4) If there is serious public controversy over the environmental effects of a project, the Lead Agency shall consider the effect or effects subject to the controversy to be significant and shall prepare an EIR. Controversy unrelated to and environmental issue does not require preparation of an EIR. The existence of public controversy over the environmental effects of a project will not require preparation of an EIR if there is no substantial evidence before the agency that the project may have a significant effect on the environment.

(2) IF THERE IS DISAGREEMENT AMONG EXPERTS OVER THE SIGNIFICANCE OF AN EFFECT ON THE ENVIRONMENT, THE LEAD AGENCY SHALL TREAT THE EFFECT AS SIGNIFICANT AND SHALL PREPARE AN EIR.
(3) (5) Argument, speculation, unsubstantiated opinion or narrative, or evidence that is clearly inaccurate or erroneous, OR EVIDENCE THAT IS NOT CREDIBLE, SHALL DOES not constitute substantial evidence.

(4) (6) Economic and social impacts that do not contribute to or are not caused by physical impacts on the environment DO NOT COMPRISE IS NOT substantial evidence THAT THE PROJECT MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT.


(I) AFTER APPLICATION OF THE PRINCIPLES SET FORTH ABOVE IN SECTION 15064(H), AND IN MARGINAL CASES WHERE IT IS NOT CLEAR WHETHER THERE IS SUBSTANTIAL EVIDENCE THAT A PROJECT MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT, THE LEAD AGENCY SHALL BE GUIDED BY THE FOLLOWING PRINCIPLE. IF THERE IS DISAGREEMENT AMONG EXPERTS OVER THE SIGNIFICANCE OF AN EFFECT ON THE ENVIRONMENT, THE LEAD AGENCY SHALL TREAT THE EFFECT AS SIGNIFICANT AND SHALL PREPARE AN EIR.

(I)(J) IF AN AIR EMISSION OR WATER DISCHARGE MEETS THE EXISTING STANDARD FOR A PARTICULAR POLLUTANT THE LEAD AGENCY MAY PRESUME THAT THE EMISSION OR DISCHARGE OF THE POLLUTANT WILL NOT BE A SIGNIFICANT EFFECT ON THE ENVIRONMENT. IF OTHER INFORMATION IS PRESENTED SUGGESTING THAT THE EMISSION OR DISCHARGE MAY CAUSE A SIGNIFICANT EFFECT, THE LEAD AGENCY SHALL EVALUATE THE EFFECT AND DECIDE WHETHER IT MAY BE SIGNIFICANT.

(J)(1) A CHANGE IN THE ENVIRONMENT IS NOT A SIGNIFICANT EFFECT IF IT FALLS BELOW AN APPLICABLE PUBLIC AGENCY STANDARD UNLESS THE LEAD AGENCY DETERMINES ON THE BASIS OF SUBSTANTIAL EVIDENCE IN LIGHT OF THE WHOLE RECORD THE CHANGE TO BE OTHERWISE.

(2) IF THERE IS A CONFLICT BETWEEN APPLICABLE PUBLIC AGENCY STANDARDS, THE LEAD AGENCY SHALL SELECT ON THE BASIS OF SUBSTANTIAL EVIDENCE IN LIGHT OF THE WHOLE RECORD FROM THOSE STANDARDS THE APPROPRIATE THRESHOLD FOR SIGNIFICANCE WITHIN THAT JURISDICTION.

(3) IN THE ABSENCE OF AN APPLICABLE PUBLIC AGENCY STANDARD GOVERNING A CHANGE IN THE ENVIRONMENT, DETERMINATION OF SIGNIFICANT EFFECT SHALL BE MADE IN ACCORDANCE WITH SECTION 15064 (A)-(H).

Authority: Public Resources Code Sections 21083 and 21087.
References: Public Resources Code Sections 21003, 21065, 21068, 21080, 21082.1, 21082.2, 21083, and 21100; No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68.

15065. Mandatory Findings of Significance

(opening statement) [no change]

(a) The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish and wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of aN ENDANGERED, rare or threatened ENDANGERED plant or animal species, or eliminate important examples of the major periods of California history or prehistory.

(b) [no change]

(c) [no change]

(d) [no change]

Authority: Public Resources Code Sections 21083 and 21087.
References: Public Resources Code Section 21083.

Section 15072 Public Notice

(a) Notice that the Lead Agency proposes to adopt a Negative Declaration shall be provided to the public, Responsible Agencies, and Trustee Agencies sufficiently within a reasonable period of time prior to adoption by the Lead Agency of the Negative Declaration to allow the public and agencies the review period provided under Section 15105. Notice shall also be given mailed to the last known name and address of all organizations and individuals who have previously requested such notice IN WRITING and notice shall also be given by at least one of the following procedures:

(1) Publication at least one time by the Lead Agency in a newspaper of general circulation in the area affected by the proposed project. If more than one area is affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas.
 
(2) Posting of notice by the Lead Agency on and off site in the area where the project is to be located.
 
(3) Direct mailing to the owners and occupants of contiguous property shown on the latest equalized assessment roll.


(b) The notice shall specify the following:

(1) A brief description of the proposed project and its location.
 
(2) The period during which the Lead Agency will receive comments on the Negative Declaration. This shall include starting and ending dates for the review period. THE NOTICE SHALL ALSO STATE WHETHER THIS PERIOD HAS BEEN SHORTENED PURSUANT TO SECTION 15073. IF THE REVIEW PERIOD HAS BEEN SHORTENED PURSUANT TO SECTION 15073, THE NOTICE SHALL INCLUDE A STATEMENT TO THAT EFFECT.
 
(3) The date, time, and place of any public meetings or hearings on the proposed project, when known to the lead agency at the time of notice.
 
(4) The address where copies of the Negative Declaration and all documents referenced in the Negative Declaration will be available for review. This location shall be readily accessible to the public during THE LEAD AGENCY'S normal working hours.
 
(5) The presence of the site on any of the lists enumerated under Section 65962.5 of the Government Code PERTAINING TO LISTS OF HAZARDOUS WASTE FACILITIES, LAND DESIGNATED AS HAZARDOUS WASTE PROPERTY, HAZARDOUS WASTE DISPOSAL SITES AND OTHERS, and the information in the Hazardous Waste and Substances Sstatement required under subsection (B) (F) of that section.


(c) Notice shall also be posted in the office of the County Clerk of each county within which the proposed project is located and shall remain posted for a period of 20 days. The County Clerk shall post such notices within 24 hours of receipt.

(d) For a project of statewide, areawide, or regional significance, the Lead Agency shall also provide notice to transportation planning agencies and public agencies which have transportation facilities within their jurisdictions which could be affected by the project. "Transportation facilities" includes: major local arterials and public transit within five miles of the project site and freeways, highways and rail transit service within 10 miles of the project site.

(b) (e) The alternatives for providing notice specified in subsection (a) shall not preclude a Lead Agency from providing additional notice by other means if the agency so desires, nor shall the requirements of this section preclude a Lead Agency from providing the public notice at the same time and in the same manner as public notice required by any other laws for the project.


15073. Public Review of a Negative Declaration.

(a) The Lead Agency shall provide a public review period for a proposed Negative Declaration. The public review period shall be long enough to provide members of the public with sufficient time to respond to the proposed finding before the Negative Declaration is approved pursuant to Section 15105 of not less than 20 days. When a proposed Negative Declaration and initial study are submitted to the State Clearinghouse for review by State agencies, the public review period shall not be less than 30 days, unless a shorter period is approved by the State Clearinghouse.

(B) A SHORTENED CLEARINGHOUSE REVIEW PERIOD MAY BE GRANTED IN ACCORDANCE WITH THE PROVISIONS OF APPENDIX L AND THE FOLLOWING PRINCIPLES:

(1) THE SHORTENED REVIEW PERIOD SHALL NOT BE LESS THAN 20 DAYS.
 
(2)A SHORTENED REVIEW SHALL NOT BE GRANTED FOR ANY PROPOSED PROJECT OF STATEWIDE, AREAWIDE, OR REGIONAL ENVIRONMENTAL SIGNIFICANCE.
 
(3)REQUESTS FOR SHORTENED REVIEW PERIODS SHALL BE SUBMITTED TO THE CLEARINGHOUSE IN WRITING BY THE DECISION-MAKING BODY OF THE LEAD AGENCY, OR ITS PROPERLY AUTHORIZED REPRESENTATIVE.


(C)(B) When a proposed Negative Declaration and initial study have been submitted to the State Clearinghouse for review by state agencies, the public review period shall be at least as long as the review period established by the State Clearinghouse.

(D)(C) A copy of the notice with the proposed Negative Declaration and the initial study shall be attached to the notice sent to every Responsible Agency and Trustee Agency concerned with the project and every other public agency with jurisdiction by law over resources affected by the project.

(C) (E)(D) Where one or more state agencies will be a Responsible Agency or a Trustee Agency or will exercise jurisdiction by law over natural resources affected by the project, or where the project is of statewide, areawide or regional environmental significance, the Lead Agency shall send copies of the Negative Declaration to the State Clearinghouse for distribution to state agencies.

(d) When a Negative Declaration is submitted to the State Clearinghouse for review by state agencies, the public review period shall be not less than 30 days unless a shorter period is approved by the State Clearinghouse.

(F)(E) The Lead Agency shall notify in writing any public agency which comments on a Negative Declaration of any public hearing to be held for the project for which the document was prepared. This notice may be combined with the notice required under Section 15072.

Authority: Public Resources Code Sections 21083 and 21087.
References: Public Resources Code Sections 21000(e), 21003(b), 21080(c), 21081.6, 21091, 21092.5; Plaggmier v. City of San Jose (1980) 101 Cal.App.3d 842.

15074.1. REVISIONS SUBSTITUTION TO OF mitigation measures. [New section]

(a) As a result of the public review process for a mitigated negative declaration, including any administrative decisions or public hearings conducted on the project prior to its approval, the lead agency may conclude that certain mitigation measures identified in the mitigated negative declaration are infeasible or otherwise undesirable. Prior to approving the project, the lead agency may, in accordance with this section, delete those mitigation measures and substitute for them other measures which the lead agency determines are OF EQUAL OR GREATER EFFECTIVENESS EQUIVALENT OR MORE EFFECTIVE.

(b) Prior to deleting and substituting for a mitigation measure, the lead agency shall do both of the following:

(1) Hold a public hearing on the matter. NOTICE OF THE PUBLIC HEARING SHOULD BE GIVEN PURSUANT TO SECTION 15072. Where a public hearing is to be held in order to consider the project, the public hearing required by this section may be combined with that hearing. Where no public hearing would otherwise be held to consider the project, then a public hearing shall be required before a mitigation measure may be deleted and a new measure adopted in its place.
 

(2) Adopt a written finding that the new measure is EQUAL TO EQUIVALENT or more effective in mitigating or avoiding potential significant effects and that it in itself will not cause any potentially significant effect on the environment.


(c) No recirculation of the mitigated negative declaration shall be required where the new mitigation measures are made conditions of, or are otherwise incorporated into, project approval.

(d) "EQUAL EQUIVALENT or more effective" means that the new measure will avoid or reduce THE SIGNIFICANT EFFECT TO AT LEAST THE SAME DEGREE AS, OR TO A GREATER DEGREE THAN, THE ORIGINAL MEASURE. TO A LEVEL OF INSIGNIFICANCE THE SAME POTENTIAL SIGNIFICANT EFFECT ADDRESSED BY THE ORIGINAL MEASURE AND WILL CREATE NO MORE ADVERSE EFFECT OF ITS OWN THAN WOULD HAVE THE ORIGINAL MEASURE.

Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Section 21080(F).

15075. Notice of Determination.

(a) [no change]

(b) [no change]

(c) [no change]

(d) If the Lead Agency is a local agency, the Notice of Determination shall be filed with the county clerk of the county or counties in which the project will be located within five working days after THE NEGATIVE DECLARATION IS APPROVED FINAL APPROVAL OF THE PROJECT. If the project requires a discretionary approval from any state agency, the Notice of Determination also shall be filed with OPR.

(e) All notices filed pursuant to this section shall be available for public inspection and shall be posted by the county clerk within 24 hours of receipt. Each notice shall remain posted for a period of at least 30 days. Thereafter, the clerk shall return the notice to the local lead agency with a notation of the period it was posted. The local lead agency shall retain the notice for not less than 9 months. The filing of the Notice of Determination and the posting on a list of such notices starts a 30-day statute of limitations on court challenges to the approval under CEQA.

Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Section 21080(c), 21108(a), 21152, 21167(b); Citizens of Lake Murray Area Association v. City Council (1982) 129 Cal.App.3d 436.

15082.5 15081.5 STATUTORILY REQUIRED EIRS REQUIRED BY STATUTE [New section.]

(a) An EIR shall be prepared for the following types of projects. An initial study may be prepared to help identify the significant effects of the project.

(1)The burning of municipal wastes, hazardous wastes, or refuse-derived fuel, including but not limited to tires, if the project is either of the following:
 
(A)The construction of a new facility.
 
(B)The expansion of an existing facility which burns hazardous waste which would increase its permitted capacity by more than 10 percent. This does not apply to any project EXCLUSIVELY BURNING HAZARDOUS WASTE for which a determination to prepare a negative declaration, MITIGATED NEGATIVE DECLARATION OR ENVIRONMENTAL IMPACT REPORT was made prior to July 14, 1989. The amount of expansion of an existing facility shall be calculated pursuant to subdivision (b) of Section 21151.1 of the Public Resources Code.
 
This subsection does not apply to projects under the jurisdiction of the State Energy Resources Conservation and Development Commission pursuant to Chapter 6 (commencing with Section 25500) of Division 15 of the Public Resources Code. Paragraph (c) of Section 21151.1 of the Public Resources Code lists a number of additional statutory exemptions which are hereby incorporated by reference.
 
(2)The initial issuance of a hazardous waste facilities permit to a land disposal facility, as defined in subdivision (d) of Section 25199.1 of the Health and Safety Code. Preparation of an EIR is not mandatory if the facility only manages hazardous waste which is identified or listed pursuant to Section 25140 or Section 25141 of the Health and Safety Code on or after January 1, 1992; or conducts activities which are regulated pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code on or after January 1, 1992. "Initial issuance" does not include the issuance of a closure or postclosure permit pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.
 
(3)The initial issuance of a hazardous waste facility permit pursuant to Section 25200 of the Health and Safety Code to an off-site large treatment facility, as defined pursuant to subdivision (d) of Section 25205.1 of that code. Preparation of an EIR is not mandatory if the facility only manages hazardous waste which is identified or listed pursuant to Section 25140 or Section 25141 of the Health and Safety Code on or after January 1, 1992; or conducts activities which are regulated pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code on or after January 1, 1992. "Initial issuance" does not include the issuance of a closure or postclosure permit pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.
 
(4)Any open pit mining operation which is subject to the permit requirements of the Surface Mining and Reclamation Act and which utilizes a cyanide heap-leaching process for the purpose of extracting gold or other precious metals.
 
(5) An initial base reuse plan, as defined in Section 15229.
(b) The selection of a California Community College, California State University, University of California, or California Maritime Academy campus location and approval of a long range development plan for that campus shall also require the preparation of an EIR.

(1)The EIR shall analyze, among other significant impacts, those relating to changes in enrollment levels.
 
(2)Subsequent projects within the campus may be addressed in environmental analyses tiered on the EIR prepared for the long range development plan.


Authority: Public Resources Code Sections 21083 and 21087.
References: Public Resources Code Sections 21080.09, 21151.1, and 21151.7

15083.5. Water Agency Consultation. [New Section]

(A) THIS SECTION SHALL APPLY ONLY TO PROJECTS WHICH MEET ALL OF THE FOLLOWING CRITERIA:

(1) A THE project IS SUBJECT TO THIS SECTION IF IT consists of any of the following activities for which an application has been submitted to a city or county:
 
(1)(A)A residential development of more than 500 dwelling units.
 
(2)(B)A shopping CENTER or business CENTER ESTABLISHMENT that will employ more than 1,000 persons or have more than 500,000 square feet OF FLOOR SPACE.
 
(3)(C)A commercial office building THAT WILL employING more than 1,000 persons or HAVE more than 250,000 square feet OF FLOOR SPACE.
 
(4)(D)A hotel, motel or both with more than 500 rooms.
 
(5)(E)An industrial, manufacturing, or processing plant, or industrial park intended to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area.
 
(6)(F)Any mixed-use project that would demand an amount of water equal to, or greater than, the amount of water needed to serve a 500-dwelling unit project.
 
(1)(2) THIS SECTION APPLIES WHEN, AAs part of approval of the project, any of the following are required:
 

(A) An amendment to the land use element of a general plan or a specific plan, which would result in a net increase in the PLANNED STATED population density or building intensity to provide for additional development.

 

(B)The adoption of a specific plan, unless the city or county has previously complied with this section for the project.

 

ONLY A PROJECT WHICH WILL RESULT IN A NET INCREASE IN PLANNED POPULATION DENSITY OR BUILDING INTENSITY IN CONNECTION WITH THE AMENDMENT OF ANY PART OF A GENERAL PLAN IS SUBJECT TO THIS SECTION, UNLESS THE PROJECT HAS PREVIOSLY COMPLIED WITH THIS SECTION.

 

NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBSECTION (A)(2), WHEN A PROJECT IS IDENTIFIED IN CONNECTION WITH THE REVISION OF ANY PART OF A GENERAL PLAN, THAT PROJECT IS SUBJECT TO THE REQUIREMENTS OF THIS SECTION ONLY IF THE PROJECT RESULTS IN A NET INCREASE IN THE STATED POPULATION DENSITY OR BUILDING INTENSITY, AND IF THE CITY OR COUNTY HAS NOT PREVIOUSLY COMPLIED WITH THE REQUIREMENTS OF THIS SECTION FOR THE PROJECT IN QUESTION.
 

(3) A CITY OR COUNTY HAS DETERMINED THAT AN ENVIRONMENTAL IMPACT REPORT IS REQUIRED IN CONNECTION WITH THE PROJECT; AND

 

(4) THE PROJECT IS SERVED OR WOULD BE SERVED BY A PUBLIC WATER SYSTEM AS DEFINED IN SECTION 10912 OF THE WATER CODE WITH 3,000 OR MORE SERVICE CONNECTIONS.

(A)(B) For projects UNDER SUBJECT TO this section, when a city or county releases a notice of preparation for review, it shall send a copy OF THE NOTICE to each public water system which serves or would serve the proposed project and request that the system both indicate whether the PROJECT PROJECTED WATER DEMAND ASSOCIATED WITH THE PROPOSED PROJECT was included in its last urban water management plan and assess whether its total projected water supplies available during normal, single-dry, and multiple-dry water years as included in the 20-year projection contained in its urban water management plan will meet the projected water demand associated with the proposed project, in addition to the system's existing and planned future uses.

(B)(C) The governing body of a public water system shall approve and submit its water supply assessment to the city or county not later than 30 days after the date on which the REQUEST AND notice of preparation WAS WERE received. If the public water system fails to submit its assessment within the allotted time, the lead agency may assume, UNLESS THERE HAS BEEN A REQUEST FOR A SPECIFIC EXTENSION OF TIME FROM THE PUBLIC WATER SYSTEM, that the public water system has no information to submit. If a public water system concludes there would be insufficient water to serve the proposed project, it shall provide the city or county with its plans for acquiring additional water supplies.

(C)(D) The lead agency shall include within the EIR the PUBLIC water system's assessment and any other information provided by the water agency, up to a maximum of ten typewritten pages. The assessment and information may only exceed that length with the approval of the lead agency. The lead agency may independently evaluate the water system's information and shall determine, based on the entire record, whether projected water supplies will be sufficient to satisfy the demands of the proposed project, in addition to existing and planned future uses. If the lead agency determines that water supplies will not be sufficient, the lead agency must include that determination in its findings for the project pursuant to Sections 15091 and 15093.

(D) LIMITATIONS:

(1)THIS SECTION APPLIES WHEN, AS PART OF APPROVAL OF THE PROJECT, ANY OF THE FOLLOWING ARE REQUIRED:
 
(A) AN AMENDMENT TO THE LAND USE ELEMENT OF A GENERAL PLAN OR A SPECIFIC PLAN, WHICH WOULD RESULT IN A NET INCREASE IN THE PLANNED POPULATION DENSITY OR BUILDING INTENSITY TO PROVIDE FOR ADDITIONAL DEVELOPMENT.
 
(B)THE ADOPTION OF A SPECIFIC PLAN, UNLESS THE CITY OR COUNTY HAS PREVIOUSLY COMPLIED WITH THIS SECTION FOR THE PROJECT.
 
ONLY A PROJECT WHICH WILL RESULT IN A NET INCREASE IN PLANNED POPULATION DENSITY OR BUILDING INTENSITY IN CONNECTION WITH THE AMENDMENT OF ANY PART OF A GENERAL PLAN IS SUBJECT TO THIS SECTION, UNLESS THE PROJECT HAS PREVIOUSLY COMPLIED WITH THIS SECTION.
 
(2)THIS SECTION DOES NOT APPLY TO THE COUNTY OF SAN DIEGO AND THE CITIES IN THE COUNTY.

(E) A PROJECT IS SUBJECT TO THIS SECTION IF IT CONSISTS OF ANY OF THE FOLLOWING ACTIVITIES, FOR WHICH AN APPLICATION HAS BEEN SUBMITTED TO A CITY OR COUNTY:

(1) A RESIDENTIAL DEVELOPMENT OF MORE THAN 500 DWELLING UNITS.

(1) A RESIDENTIAL DEVELOPMENT OF MORE THAN 500 DWELLING UNITS.
(2) A SHOPPING OR BUSINESS CENTER THAT WILL EMPLOY MORE THAN 1,000 PERSONS OR HAVE MORE THAN 500,000 SQUARE FEET.
(3)A COMMERCIAL OFFICE BUILDING EMPLOYING MORE THAN 1,000 PERSONS OR MORE THAN 250,000 SQUARE FEET.
(4)A HOTEL, MOTEL OR BOTH WITH MORE THAN 500 ROOMS.
(5)AN INDUSTRIAL, MANUFACTURING, OR PROCESSING PLANT, OR INDUSTRIAL PARK INTENDED TO HOUSE MORE THAN 1,000 PERSONS, OCCUPYING MORE THAN 40 ACRES OF LAND, OR HAVING MORE THAN 650,000 SQUARE FEET OF FLOOR AREA.
(6)ANY MIXED-USE PROJECT THAT WOULD DEMAND AN AMOUNT OF WATER EQUAL TO, OR GREATER THAN, THE AMOUNT OF WATER NEEDED TO SERVE A 500-DWELLING UNIT PROJECT.
 

(F)(E) For purposes of this section, "public water system" means a system as defined in Section 10912 of the Water Code with 3,000 or more service connections.

(F) THIS SECTION DOES NOT APPLY TO THE COUNTY OF SAN DIEGO AND THE CITIES IN THE COUNTY AS PROVIDED IN WATER CODE SECTION 10915.

Authority: Public Resources Code Sections 21083 and 21087.
References: Water Code Sections 10910, 10911, 10913, and 10915.

15087. Public Review of Draft EIR.

(a) The Lead Agency shall provide public notice of the availability of a draft EIR at the same time it sends a notice of completion to OPR. This notice shall be given SUFFICIENTLY PRIOR TO THE ADOPTION OF THE EIR TO ALLOW THE PUBLIC AND AGENCIES THE REVIEW PERIOD AS provided under Section 15105 AND SHOULD BE COMBINED WITH THE CONSULTATION REQUIRED UNDER SECTION 15086. Notice shall be GIVEN mailed to the last known name and address of all organizations and individuals who have previously requested such notice in writing, and shall also be given by at least one of the following procedures:

(1)Publication at least one time by the public agency in a newspaper of general circulation in the area affected by the proposed project. If more than one area is affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas.
 

(2)Posting of notice by the public agency on and off site in the area where the project is to be located.

 

(3)Direct mailing to owners and occupants of property contiguous to the parcel or parcels on which the project is located as those owners are shown on the latest equalized assessment roll.


(b) [no change]

(H)(C) The notice shall disclose the following:

(1) A brief description of the proposed project and its location.

(2)The starting and ending dates for the review period during which the Lead Agency will receive comments. If the review period is shortened, the notice shall disclose that fact.

(3)The date, time, and place of any SCHEDULED public meetings or hearings TO BE HELD BY THE LEAD AGENCY on the proposed project when known to the lead agency at the time of notice.
 

(4)A list of the significant environmental effects anticipated as a result of the project, to the extent which such effects are known to the Lead Agency at the time of the notice.

 

(5)The address where copies of the EIR and all documents referenced in the EIR will be available for public review. This location shall be readily accessible to the public during THE LEAD AGENCY'S normal working hours.

 

(6)The presence of the site on any of the lists of sites IMPACTED BY HAZARDOUS WASTE enumerated under Section 65962.5 of the Government Code PERTAINING TO LISTS OF HAZARDOUS WASTE FACILITIES, LAND DESIGNATED AS HAZARDOUS WASTE PROPERTY, HAZARDOUS WASTE DISPOSAL SITES AND OTHERS, and the information CONTAINED in the HAZARDOUS WASTE AND SUBSTANCES Sstatement required under subsection (B) (F) Of that Section.

(I)(D) The notice required under this section shall be posted in the office of the county clerk of each county in which the project will be located for a period of at least 30 days. The County Clerk shall post such notices within 24 hours of receipt.

(C)(E) In order to provide sufficient time for public review, the review periods for a draft EIRs should not be less than 30 days nor longer than 90 days from the date of the notice except in unusual situations. The review period for draft EIRs for which a state agency is the Lead Agency or Responsible Agency shall be at least 45 days unless a shorter period is approved by the State Clearinghouse shall be as provided in Section 15105. THE REVIEW PERIOD SHOULD BE COMBINED WITH THE CONSULTATION REQUIRED UNDER SECTION 15086. When a draft EIR has been submitted to the State Clearinghouse, the public review period shall be at least as long as the review period established by the Clearinghouse.

(D) A SHORTENED CLEARINGHOUSE REVIEW PERIOD MAY BE GRANTED IN ACCORDANCE WITH THE PROVISIONS OF APPENDIX L AND THE FOLLOWING PRINCIPLES:


(1) THE SHORTENED REVIEW PERIOD SHALL NOT BE LESS THAN 30 DAYS.
 
(2)A SHORTENED REVIEW SHALL NOT BE GRANTED FOR ANY PROPOSED PROJECT OF STATEWIDE, AREAWIDE, OR REGIONAL ENVIRONMENTAL SIGNIFICANCE.
 

(3)REQUESTS FOR SHORTENED REVIEW PERIODS SHALL BE SUBMITTED TO THE CLEARINGHOUSE IN WRITING BY THE DECISION-MAKING BODY OF THE LEAD AGENCY, OR ITS PROPERLY AUTHORIZED REPRESENTATIVE.


(d) (E)(F) Public agencies shall use the State Clearinghouse to distribute draft EIRs to state agencies for review and should use areawide clearinghouses to distribute the documents to regional and local agencies.

(e) (F) (G) To make copies of EIRs available to the public, Lead Agencies should furnish copies of draft EIRs to public library systems serving the area involved. Copies should also be available in the offices of the Lead Agency.

(f) (G) (H) Public agencies should compile listings of other agencies, particularly local agencies, which have jurisdiction by law and/or special expertise with respect to various projects and project locations. Such listings should be used as a guide in determining which agencies should be consulted with regard to a particular project.

(g) (i) [no change]

(H) THE NOTICE SHALL DISCLOSE THE FOLLOWING:

(1) A BRIEF DESCRIPTION OF THE PROPOSED PROJECT AND ITS LOCATION.

(2)THE STARTING AND ENDING DATES FOR THE REVIEW PERIOD DURING WHICH THE LEAD AGENCY WILL RECEIVE COMMENTS. IF THE REVIEW PERIOD IS SHORTENED, THE NOTICE SHALL DISCLOSE THAT FACT.
(3)THE DATE, TIME, AND PLACE OF ANY PUBLIC MEETINGS OR HEARINGS ON THE PROPOSED PROJECT WHEN KNOWN TO THE LEAD AGENCY AT THE TIME OF NOTICE.
 

(4)A LIST OF THE SIGNIFICANT ENVIRONMENTAL EFFECTS ANTICIPATED AS A RESULT OF THE PROJECT, TO THE EXTENT WHICH SUCH EFFECTS ARE KNOWN TO THE LEAD AGENCY AT THE TIME OF THE NOTICE.

 

(5)THE ADDRESS WHERE COPIES OF THE EIR AND ALL DOCUMENTS REFERENCED IN THE EIR WILL BE AVAILABLE FOR PUBLIC REVIEW. THIS LOCATION SHALL BE READILY ACCESSIBLE TO THE PUBLIC DURING THE LEAD AGENCY'S NORMAL WORKING HOURS.

 

(6)THE PRESENCE OF THE SITE ON ANY OF THE LISTS OF SITES IMPACTED BY HAZARDOUS WASTE ENUMERATED UNDER SECTION 65962.5 OF THE GOVERNMENT CODE AND THE INFORMATION CONTAINED IN THE STATEMENT REQUIRED UNDER SUBSECTION (B) OF THAT SECTION.

(I) THE NOTICE REQUIRED UNDER THIS SECTION SHALL BE POSTED IN THE OFFICE OF THE COUNTY CLERK OF EACH COUNTY IN WHICH THE PROJECT WILL BE LOCATED FOR A PERIOD OF AT LEAST 30 DAYS. THE COUNTY CLERK SHALL POST SUCH NOTICES WITHIN 24 HOURS OF RECEIPT.

Authority: Public Resources Code Sections 21083 and 21087.
References: Public Resources Code Sections 21092, 21092.2, 21092.3, 21092.6, 21104, 21153, 21161; Government Code Section 6061.

15090. Certification of the Final EIR.

(a) PRIOR TO APPROVING THE PROJECT TThe Lead Agency shall certify that:

(a)(1) The final EIR has been completed in compliance with CEQA,   and
 
(b)(2)The final EIR was presented to the decision-making body of the Lead Agency and that the decision-making body reviewed and considered the information contained in the final EIR prior to approving the project., and
(3) The final EIR reflects the agency's independent judgment and analysis.

(b) Where the local Lead Agency's decision making body is not elected, the local lead agency shall provide or allow an appeal of the certification decision to the agency's elected decision making body, IF ANY.

Authority: Public Resources Code Sections 21083 and 21087.
References: Public Resources Code Sections 21082.1, 21108, 21151 and 21152; City of Carmel-by-the-Sea v. Board of Supervisors (1977) Cal.App.3d 84; Kleist v. City of Glendale (1976) 56 Cal.App.3d 770.

15091. Findings.

(a) No public agency shall approve or carry out a project for which an EIR has been completed certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:

(1)Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.
 

(2)Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.

 

(3)Specific economic, social, legal, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.


(b) [no change]

(c) [no change]

(D) WHEN MAKING THE FINDINGS REQUIRED IN SUBSECTION (A)(1), THE AGENCY SHALL ALSO ADOPT A PROGRAM FOR REPORTING ON OR MONITORING THE CHANGES WHICH IT HAS EITHER REQUIRED IN THE PROJECT OR MADE A CONDITION OF APPROVAL TO AVOID OR SUBSTANTIALLY LESSEN SIGNIFICANT ENVIRONMENTAL EFFECTS.

Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Section 21002, 21002.1, 21081 and 21081.6; Laurel Hills Homeowners Association v. City Council 83 Cal.App.3d 515; Cleary v. County of Stanislaus 118 Cal.App.3d 348.

15094. Notice of Determination.

(a) The Lead Agency shall file a Notice of Determination following each FINAL project approval for which an EIR was considered. Local agencies shall file this notice within 5 working days of project approval. The notice shall include:

(1) An identification of the project including its common name where possible and its location.
 
(2) A brief description of the project.
 
(3) The date when the agency approved the project.
 
(4) The determination of the agency whether the project in its approved form will have a significant effect on the environment.
 
(5) A statement that an EIR was prepared and certified pursuant to the provisions of CEQA.
 
(6) Whether mitigation measures were made a condition of the approval of the project.
 
(7) Whether findings were made pursuant to Section 15091.
 
(8) Whether a statement of overriding considerations was adopted for the project.
 
(9) The address where a copy of the final EIR and the record of project approval may be examined.


(b) [no change]

(c) [no change]

(d) All notices filed with the county clerk pursuant to this section shall be available for public inspection and shall be posted within 24 hours of receipt. Each notice filed with either the county clerk or OPR shall remain posted for a period of at least 30 days. Thereafter, the clerk shall return the notice to the local lead agency with a notation of the period during which it was posted. The local lead agency shall retain the notice for not less than 9 months. The filing of the Notice of Determination and the posting on a list of such notice starts a 30-day statute of limitations on court challenges to the approval under CEQA.

Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Section 21108, 21152, and 21167; Citizens of Lake Murray Area Association v. City Council (1982) 129 Cal.App.3d 436.

15105. Public Review.

(a) The public review period for a draft EIR should shall not be less than 30 days nor should it be longer than 90 60 days except under unusual circumstances. When an EIR is submitted to the State Clearinghouse for review by State agencies, the public review period shall not be less than 45 days, unless a shorter period, not less than 30 days, is approved by the State Clearinghouse.

(b) The public review period for a Negative Declaration shall be a reasonable period of time sufficient to allow members of the public to respond to the proposed finding before the Negative Declaration is approved not less than 20 days. When a Negative Declaration is submitted to the State Clearinghouse for review by State agencies, the public review period shall not be less than 30 days, unless a shorter period, not less than 20 days, is approved by the State Clearinghouse.

(c) [no change]

(D) A SHORTENED CLEARINGHOUSE REVIEW PERIOD MAY BE GRANTED IN ACCORDANCE WITH THE PROVISIONS OF APPENDIX L AND THE FOLLOWING PRINCIPLES:

(1)A SHORTENED REVIEW SHALL NOT BE GRANTED FOR ANY PROPOSED PROJECT OF STATEWIDE, AREAWIDE, OR REGIONAL ENVIRONMENTAL SIGNIFICANCE.
 

(2)REQUESTS FOR SHORTENED REVIEW PERIODS SHALL BE SUBMITTED TO THE CLEARINGHOUSE IN WRITING BY THE DECISION-MAKING BODY OF THE LEAD AGENCY, OR ITS PROPERLY AUTHORIZED A REPRESENTATIVE AUTHORIZED BY ORDINANCE OR RESOLUTION OF THE DECISION-MAKING BODY.

 

(3) RESPONSIBLE AND TRUSTEE AGENCIES HAVE BEEN CONTACTED AND AGREE TO THE SHORTENED REVIEW PERIOD.

Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Section 21091 and 21092; People v. County of Kern 39 Cal.App.3d 830.

15154. Projects Near Airports. [New section]

(A) When a lead agency prepares an EIR for a project within the boundaries of a comprehensive airport land use plan or, if a comprehensive airport land use plan has not been adopted by the County Airport Land Use Commission, for a project within two nautical miles of a public airport or public use airport, the agency shall utilize the Airport Land Use Planning Handbook published by Caltrans' Division of Aeronautics to assist in the preparation of the EIR relative to potential airport-related safety hazards and noise problems.

(B) A LEAD AGENCY SHALL NOT ADOPT A NEGATIVE DECLARATION FOR A PROJECT DESCRIBED IN SUBSECTION (A) UNLESS THE LEAD AGENCY CONSIDERS WHETHER THE PROJECT WILL RESULT IN A SAFETY HAZARD OR NOISE PROBLEM FOR PERSONS USING THE AIRPORT OR FOR PERSONS RESIDING OR WORKING IN THE PROJECT AREA.

Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Section 21096.

15175. Master EIR [New Section]

(a) The Master EIR procedure is an alternative to preparing a project EIR, staged EIR, or program EIR for certain projects which will form the basis for later decision making. It is intended to streamline the later environmental review of projects or approval included within the project, plan or program analyzed in the Master EIR. Accordingly, a Master EIR shall, to the greatest extent feasible, evaluate the cumulative impacts, growth inducing impacts, and irreversible significant effects on the environment of subsequent projects. REVIEW OF SUBSEQUENT PROJECTS WITHIN THE SCOPE OF THE MASTER EIR WILL BE LIMITED TO SIGNIFICANT EFFECTS AND MITIGATION MEASURES NOT PREVIOUSLY EXAMINED IN THE MASTER EIR.

(b) A Lead Agency may prepare a Master EIR for any of the following classes of projects:

(1) A general plan, general plan update, general plan element, general plan amendment, or specific plan.
 
(2) Public or private projects that will be carried out or approved pursuant to, or in furtherance of, a redevelopment plan.
 
(3) A project that consists of smaller individual projects which will be carried out in phases.
 
(4) A rule or regulation which will be implemented by later projects.
 
(5) Projects that will be carried out or approved pursuant to a development agreement.
 
(6) A state highway project or mass transit project which will be subject to multiple stages of review or approval.
 
(7) A plan proposed by a local agency, including a joint powers authority, for the reuse of a federal military base or reservation that has been closed or is proposed for closure by the federal government.
 
(8) A regional transportation plan or congestion management plan.

(C) A MASTER EIR SHALL NOT BE USED IF IT WAS CERTIFIED MORE THAN FIVE YEARS PRIOR TO THE FILING OF AN APPLICATION FOR A LATER PROJECT UNLESS THE LEAD AGENCY REVIEWS THE ADEQUACY OF THE MASTER EIR AND DOES EITHER OF THE FOLLOWING:

(1) MAKES WRITTEN FINDINGS THAT THERE ARE NO SUBSTANTIAL CHANGES OR CIRCUMSTANCES OR NEW INFORMATION THAT WOULD REQUIRE PREPARATION OF A SUBSEQUENT OR SUPPLEMENTAL EIR PURSUANT TO SECTION 15162 OR SECTION 15163; OR
(2) CERTIFIES A SUBSEQUENT OR SUPPLEMENTAL EIR WHICH EITHER:
(A) HAS BEEN INCORPORATED INTO THE PREVIOUSLY CERTIFIED MASTER EIR, OR
(B) REFERENCES ANY DELETIONS, ADDITIONS, OR OTHER MODIFICATIONS TO THE PREVIOUSLY CERTIFIED MASTER EIR.


(D) (C) A Lead Agency may develop and implement a fee program in accordance with applicable provisions of law to generate the revenue necessary to prepare a Master EIR.

15176. Contents of a Master EIR. [New Section]

A Master EIR shall include all of the following:

(a) A detailed statement as required by Section 15126.

(b) A description of anticipated subsequent projects that are within the scope of the Master EIR, including information with regard to the kind, size, intensity, and location of the subsequent projects, including, but not limited to all of the following:

(1) The specific type of project anticipated to be undertaken such as a single family development, office-commercial development, sewer line installation or other activities.
 

(2) The maximum and minimum intensity of any anticipated subsequent project, such as the number of residences in a residential development, and with regard to a public works facility, its anticipated capacity and service area.

 

(3) The anticipated location for any subsequent development projects, and, consistent with the Rule of Reason set forth in Section 15126, subdivision (d)(5), alternative locations for any such projects.

 

(4) A capital outlay or capital improvement program, or other scheduling or implementing device that governs the submission and approval of subsequent projects, or an explanation as to why practical planning considerations render it impractical to identify any such program or scheduling or other device at the time of preparing the Master EIR.


(c) A description of potential impacts of anticipated projects for which there is not sufficient information reasonably available to support a full assessment of potential impacts in the Master EIR. This description shall not be construed as a limitation on the impacts which may be considered in a focused EIR.

(d) Where a Master EIR is prepared in connection with a project identified in subdivision (b)(1) of section 15175, the ANTICIPATED subsequent projects INCLUDED WITHIN A MASTER EIR may consist of later planning approvals, including parcel-specific approvals, consistent with the overall planning decision (e.g., general plan, or specific plan, OR REDEVELOPMENT PLAN) for which the Master EIR has been prepared. Such subsequent projects shall be adequately described for purposes of subdivision (b) OR OF this section (15176) if the Master EIR and any other documents embodying or relating to the overall planning decision identify the land use designations and the permissible densities and intensities of use for the affected parcel(s). The proponents of such subsequent projects shall not be precluded from relying on the Master EIR solely because that document did not specifically identify or list, by name, the subsequent project as ultimately proposed for approval.

Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code 21157.



15178. Subsequent Projects Not Within the Scope of IDENTIFIED IN the MEIR [New Section]

(a) When a proposed subsequent project is identified in the Master EIR, but the lead agency cannot make a finding pursuant to Section 15177 that the subsequent project is within the scope of the Master EIR, AND the lead agency MAY PREPARE A MITIGATED NEGATIVE DECLARATION OR A FOCUSED EIR IF THE LEAD AGENCY determines that the cumulative impacts, growth inducing impacts and irreversible significant effects analysis in the Master EIR is adequate for the subsequent project, THE LEAD AGENCY SHALL PREPARE A MITIGATED NEGATIVE DECLARATION OR A FOCUSED EIR IF, AFTER PREPARING AN INITIAL STUDY, THE LEAD AGENCY DETERMINES THAT THE PROJECT MAY RESULT IN NEW OR ADDITIONAL SIGNIFICANT EFFECTS. Whether the cumulative impacts, growth inducing impacts and irreversible significant effects analyses are adequate is a question of fact to be determined by the lead agency based upon a review of the proposed subsequent project in light of the Master EIR.

(b) A mitigated Negative Declaration shall be prepared for any proposed subsequent project if both of the following occur:

(1) The initial study IN PREPARED PURSUANT to Section 15177 has identified additional significant environmental effects that were not analyzed in the Master EIR; and
 

(2) Feasible mitigation measures or alternatives will be incorporated to revise the subsequent project before the Negative Declaration is released for public review pursuant to Section 15073 in order to avoid or mitigate the identified effects to a level of insignificance.


(c) A focused EIR shall be prepared if the subsequent project may have a significant effect on the environment and a mitigated Negative Declaration pursuant to subdivision (b) of this section cannot be prepared.

(1) The focused EIR shall incorporate by reference the Master EIR and analyze only the subsequent project's additional significant environmental effects and any new or additional mitigation measures or alternatives that were not identified and analyzed by the Master EIR. "Additional significant environmental effects" are those project-specific effects on the environment which were not addressed as significant in the Master EIR.
 

(2) A focused EIR need not examine those effects which the Lead Agency, prior to public release of the focused EIR, finds, on the basis of the initial study, related documents, and commitments from the proponent of a subsequent project, have been mitigated in one of the following manners:

 

(A) Mitigated or avoided as a result of mitigation measures identified in the Master EIR which the Lead Agency will require as part of the approval of the subsequent project;

 

(B) Examined at a sufficient level of detail in the Master EIR to enable those significant effects to be mitigated or avoided by specific revisions to the project, the imposition of conditions of approval, or by other means in connection with approval of the subsequent project; or

 

(C) The mitigation or avoidance of which is the responsibility of and within the jurisdiction of another public agency and is, or can and will be, undertaken by that agency.

 

(3) The Lead Agency's findings pursuant to subdivision (2) shall be included in the focused EIR prior to public release pursuant to Section 15087.

 

(4) A focused EIR prepared pursuant to this section shall analyze any significant environmental effects when:

 

(A) Substantial new or additional information shows that the adverse environmental effect may be more significant than was described in the Master EIR; or

 

(B) Substantial new or additional information shows that mitigation measures or alternatives which were previously determined to be infeasible are feasible and will avoid or reduce the significant effects of the subsequent project to a level of insignificance.


(d) A notice of determination shall be filed pursuant to Section 15075 if a project has been approved for which a mitigated negative declaration has been prepared pursuant to this section and a notice of determination shall be filed pursuant to Section 15094 if a project has been approved for which a focused EIR has been prepared pursuant to this section.

(e) When a lead agency determines that the cumulative impacts, growth inducing impacts and irreversible significant effects analysis in the Master EIR is inadequate for the subsequent project, the subsequent project is no longer eligible for the limited environmental review available under the Master EIR process and shall be reviewed according to Section 15080. The lead agency shall tier the project specific EIR prepared pursuant to Section 15080 upon the Master EIR to the extent feasible under Section 15152.

Authority: Public Resources Code Sections 21083 and 21087.
References: Public Resources Code Section 21157.5 and 21158.

15179. Limitations on the Use of the Master EIR [New Section]

The certified Master EIR shall not be used in accordance with this article if EITHER (I) IT WAS CERTIFIED MORE THAN FIVE YEARS PRIOR TO THE FILING OF AN APPLICATION FOR A LATER PROJECT, OR (II) a project not identified in the certified Master EIR as an anticipated subsequent project is approved and the approved project MAY affectS the adequacy of the ENVIRONMENTAL REVIEW MASTER EIR, IN THE REPORT unless THE LEAD AGENCY DOES ONE OF THE FOLLOWING:

(a) THE LEAD AGENCY FOR THE REVIEWS THE Master EIR AND Finds that no substantial changes have occurred with respect to the circumstances under which the Master EIR was certified, or that there is no new available information which was not known and could not have been known at the time the Master EIR was certified; or

(b) THE LEAD AGENCY FOR THE MASTER EIR pPrepares a subsequent or supplemental EIR that updates or revises the Master EIR CONSISTENT WITH THE REQUIREMENTS OF SUBDIVISION (C) OF SECTION 15175 AND WHICH EITHER (I) IS INCORPORATED INTO THE PREVIOUSLY CERTIFIED MASTER EIR, OR (II) REFERENCES ANY DELETIONS, ADDITIONS OR OTHER MODIFICATIONS TO THE PREVIOUSLY CERTIFIED MASTER EIR.

Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Section 21157.6.

15187. Environmental Review of New Rules and Regulations. [New section.]

(a) At the time of the adoption of a rule or regulation requiring the installation of pollution control equipment, establishing a performance standard, or establishing a treatment requirement, the California Air Resources Board, Department of Toxic Substances Control, Integrated Waste Management Board, State Water Resources Control Board, all regional water quality control boards, and all air pollution control districts and air quality management districts, as defined in Section 39025 of the Health and Safety Code, must perform an environmental analysis of the reasonably foreseeable methods by which compliance with that rule or regulation will be achieved.

(b) NO EIR IS REQUIRED TO BE PREPARED FOR THE PURPOSES OF SUBDIVISION (A). HOWEVER, IIf an EIR is prepared by the agency at the time of adoption of a rule or regulation, it shall satisfy the requirements of this section PROVIDED THAT THE DOCUMENT CONTAINS THE INFORMATION SPECIFIED IN SUBDIVISION (C) BELOW. Similarly, for those State agencies whose regulatory programs have been certified by the Resources Agency pursuant to Public Resources Code section 21080.5, an environmental document prepared pursuant to such programs shall satisfy the requirements of this section, provided that the document contains the information specified in subdivision (c) below.

(c) The environmental analysis shall include at least the following:

(1)An analysis of reasonably foreseeable environmental impacts of the methods of compliance;
 
(2)An analysis of reasonably foreseeable feasible mitigation measures relating to those impacts; and
 
(3)An analysis of reasonably foreseeable alternative means of compliance with the rule or regulation, which would avoid or eliminate the identified impacts.


(d) The environmental analysis shall take into account a reasonable range of environmental, economic, and technical factors, population and geographic areas, and specific sites. The agency may utilize numerical ranges and averages where specific data is not available, but is not required to, nor should it choose to, engage in speculation or conjecture. NO PROJECT-LEVEL ANALYSIS IS REQUIRED.

(E) NOTHING IN THIS SECTION SHALL REQUIRE THE AGENCY TO CONDUCT A PROJECT LEVEL ANALYSIS.

(E) (F) Nothing in this section is intended, or may be used, to delay the adoption of any rule or regulation for which this section requires an environmental analysis.

Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Sections 21159 and 21159.4.

15189. Compliance with Performance Standard or Treatment Requirement Rule or Regulation. [New section.]

This section applies to projects consisting solely of compliance with a performance standard or treatment requirement which was the subject of an environmental analysis as described in Section 15187.

(a) IF PREPARING A NEGATIVE DECLARATION, MITIGATED NEGATIVE DECLARATION OR EIR ON THE COMPLIANCE PROJECT tThe Lead Agency for the compliance project shall, to the greatest extent feasible, use the environmental analysis prepared pursuant to Section 15187 IN THE PREPARATION OF A NEGATIVE DECLARATION, MITIGATED NEGATIVE DECLARATION, OR EIR ON THE COMPLIANCE PROJECT. The use of numerical averages or ranges in the environmental analysis prepared under Section 15187 does not relieve the lead agency on the compliance project from its obligation to identify and evaluate the environmental effects of the project.

(b) Where the Lead Agency determines that an EIR is required for the compliance project, the EIR need address only the project-specific issues or other issues that were not discussed in sufficient detail in the environmental analysis prepared under Section 15187. The mitigation measures imposed by the Lead Agency shall be limited to addressing the significant effects on the environment of the compliance project. The discussion of alternatives shall be limited to a discussion of alternative means of compliance, if any, with the rule or regulation.

Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Section 21159.2.

15206. Projects of Statewide, Regional, or Areawide Significance

(a) [no change]

(b) The Lead Agency shall determine that a proposed project is of statewide, regional, or areawide significance if the project meets any of the following criteria:

(1) [no change]
 
(2) [no change]
 
(3) [no change]
 
(4) [no change]
 
(5) A project which would substantially affect sensitive wildlife habitats including but not limited to riparian lands, wetlands, bays, estuaries, marshes, and habitats for ENDANGERED, RARE AND THREATENED SPECIES as defined by Fish and Game Code Sections 903 Section 15380 of this Chapter.
 
(6) [no change]
 
(7) [no change]
 
Authority: Public Resources Code Sections 21083 and 21087.
References: Public Resources Code Section 21083.

15229. Baseline FOR Analysis FOR MILITARY BASE REUSE PLAN EIRS. (New)

PURSUANT TO THIS SECTION, AND AT THE DISCRETION OF THE LEAD AGENCY, w When preparing and certifying an EIR for a plan for the reuse of a military base, including when utilizing an ENVIRONMENTAL IMPACT STATEMENT PURSUANT TO SECTION 21083.5, IN ADDITION TO THE PROCEDURE AUTHORIZED PURSUANT TO SUBDIVISION (B) OF SECTION 21083.8, EIS FOR THAT PURPOSE, the determination of whether the reuse plan may have a significant effect on the environment may, AT THE DISCRETION OF THE LEAD AGENCY, be BASED UPON MADE IN THE CONTEXT OF the physical conditions which were present at the time that the federal decision for the closure or realignment of the base or reservation became final. A LEAD AGENCY MAY THEREBY ESTABLISH A BASELINE ENVIRONMENT AGAINST WHICH THE ACTIVITIES WHICH WOULD OCCUR PURSUANT TO THE BASE REUSE PLAN MAY BE MEASURED. THESE CONDITIONS SHALL BE REFERRED TO AS THE "BASELINE PHYSICAL CONDITIONS." Impacts which do not exceed the level of impact defined by the baseline PHYSICAL CONDITIONS SHALL WOULD not be considered significant.

(a) Prior to circulating a draft EIR PURSUANT TO THE PROVISIONS OF THIS SECTION, FOR THE REUSE PLAN, the lead agency shall do all of the following, in order:

(1)PREPARE PROPOSED BASELINE PHYSICAL CONDITIONS, I identify PERTINENT responsible and trustee agencies and consult with those agencies prior to the public hearing required by subdivision (a)(2) as to the REGARDING THEIR application of their regulatory authority and permitting standards to the proposed baseline PHYSICAL CONDITIONS FOR ENVIRONMENTAL ANALYSIS, the proposed reuse plan, and specific, planned future nonmilitary land uses of the base or reservation. The RESPONSIBLE AND TRUSTEE AFFECTED agencies shall have not less than 30 days prior to the public hearing to review the proposed BASELINE PHYSICAL CONDITIONS AND THE PROPOSED Reuse plan and BASELINE AND to submit their comments to the lead agency.

(2)Hold a public hearing at which is discussed the federal EIS prepared for, or being prepared for, the closure or realignment of the military base or reservation. The discussion shall include the significant effects on the environment, IF ANY, examined in the EIS, potential methods of mitigating those effects, including feasible alternatives, and the mitigative effects of federal, state, and local laws applicable to future nonmilitary activities. Prior to the close of the hearing, the lead agency shall specify whether it will adopt any of the baseline conditions for the reuse plan EIR and identify those conditions. The lead agency shall specify particular physical conditions, if any, which it will examine in greater detail than they were examined in the EIS. Notice of the hearing shall be given pursuant to Section 15087. The hearing may be continued from time to time.

(3)PRIOR TO AT the close of the hearing, THE LEAD AGENCY SHALL DO ALL OF THE FOLLOWING MAKE THE FOLLOWING WRITTEN STATEMENTS:
 

(A) SPECIFY THE BASELINE PHYSICAL CONDITIONS WHICH IT INTENDS TO ADOPT FOR THE REUSE PLAN EIR, AND SPECIFY PARTICULAR PHYSICAL CONDITIONS, IF ANY, WHICH IT WILL EXAMINE IN GREATER DETAIL THAN WERE EXAMINED IN THE EIS.

 

(A)(B) AN EXPLANATION OF HOW THE AGENCY WILL STATE SPECIFICALLY HOW IT INTENDS to integrate its discussion of the baseline PHYSICAL CONDITIONS in the EIR with the reuse planning process, taking into account the adopted environmental standards of the community, including but not limited to, the adopted general plan, specific plan or redevelopment plan, and INCLUDING OTHER applicable provisions of adopted congestion management plans, habitat conservation or natural communities conservation plans, integrated waste management plans, and county hazardous waste management plans.

 

(B)(C) STATE the specific economic or social reasons, including but not limited to, new job creation, opportunities for employment of skilled workers, availability of low and moderate-income housing, and economic continuity which support selection of the baseline PHYSICAL CONDITIONS.

(b) An EIR prepared under this section should identify any adopted baseline conditions in the environmental setting section. The baseline conditions should be cited in discussions of effects. The no-project alternative analyzed in an EIR prepared under this section shall discuss the conditions on the base as they exist at the time of preparation, as well as what could be reasonably expected to occur in the foreseeable future if the reuse plan were not approved, based on current plans and consistent with available infrastructure and services.

(c) All public and private activities taken pursuant to or in furtherance of a reuse plan for which an EIR was prepared and certified pursuant to this section shall be deemed to be a single project. A subsequent or supplemental EIR shall be required only if the lead agency determines that any of the circumstances described in Section 15162 or 15163 exist.

(d) Limitations:

(1)Nothing in this section shall in any way limit the scope of review or determination of significance of the presence of hazardous or toxic wastes, substances, and materials, including but not limited to, contaminated soils and groundwater. The regulation of hazardous or toxic wastes, substances, and materials shall not be constrained by this section.
 

(2)This section does not apply to hazardous waste regulation and remediation projects undertaken pursuant to Chapter 6.5 (commencing with Section 25100) or Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code or pursuant to the Porter-Cologne Water Quality Control Act (Water Code Section 13000, et seq.)

 

(3)All subsequent development at the military base or reservation shall be subject to all applicable federal, state, or local laws, including but not limited to, those relating to air quality, water quality, traffic, threatened and endangered species, noise, and hazardous or toxic wastes, substances, or materials.

(e) "Reuse plan" means the initial plan for the reuse of military base adopted by a local government, including a redevelopment agency or joint powers authority, in the form of a general plan, general plan amendment, specific plan, redevelopment plan, or other planning document. FOR PURPOSES OF THIS SECTION, ATHE reuse plan ALSO shall INCLUDE CONSIST OF a statement of development policies, INCLUDING a diagram or diagrams ILLUSTRATING ITS PROVISIONS, INCLUDING A DESIGNATION OF WHICH DESIGNATES the proposed general distribution, location, and development intensity for housing, business, industry, open space, recreation, natural resources, public buildings and grounds, roads, and other transportation facilities, infrastructure, and other PUBLIC AND PRIVATE USES OF LAND CATEGORIES OF PROPOSED USES, WHETHER PUBLIC OR PRIVATE.

(f) This section may be applied to any reuse plan EIR for which a Notice of Preparation is issued within one year from the date that the federal record of decision was rendered for the military base or reservation closure or realignment and reuse, or prior to January 1, 1997, whichever is later, but only if the EIR is completed and certified within five years from the date that the federal record of decision was rendered.

Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code 21083.8.1.

15280. Lower-income Housing Projects. [New section]

(a) CEQA does not apply to any development project which consists of the construction, conversion, or use of residential housing consisting of not more than 45 units in an urbanized area, provided that it is either:

(1) Affordable to lower-income households, as defined in Health and Safety Code Section 50079.5, and the developer provides sufficient legal commitments to the appropriate local agency to ensure that the housing units will continue to be available to lower income households for a period of at least 15 years; or

(2)Affordable to low and moderate-income households, as defined in paragraph (2) of subdivision (h) of Government Code Section 65589.5, at monthly housing costs determined pursuant to paragraph (2) of subdivision (h) of Government Code Section 65589.5.

(b) The development must also meet all the following criteria:

(1)It is consistent with the local jurisdiction's general plan as it existed on the date the project application was deemed complete.

(2)It is consistent with the local zoning as it existed on the date the project application was deemed complete, unless the zoning is inconsistent with the general plan because the city, county, or city and county has not rezoned the property to bring it into consistency with the general plan.
 

(3)Its site has been previously developed or is currently developed with urban uses, or the immediately contiguous properties surrounding the site are or have been previously developed with urban uses.

(4) Its site is not more than two acres in area.

(5) Its site is, or can be, adequately served by utilities.

(6) Its site has no value as wildlife habitat.

(7)It will not involve the demolition of, or any substantial adverse change in, any district, landmark, object, building, structure, site, area, or place that is listed, or determined to be eligible for listing in the California Register of Historical Resources.
 

(8)Its site is not included on any list of hazardous waste or other facilities and sites compiled pursuant to Government Code Section 65962.5, and the site has been subject to an assessment by a California registered environmental assessor to determine both the presence of hazardous contaminants, if any, and the potential for exposure of site occupants to significant health hazards from nearby properties and activities.


(c) For purposes of this section, "urbanized area" means an area that has a population density of at least 1000 persons per square mile.

(d) If hazardous contaminants are found on the site, they must be removed or any significant effects mitigated to a level of insignificance IN ORDER TO APPLY BEFORE this exemption IS APPLIED. If a potential for exposure to significant health hazards from nearby properties and activities is found to exist, the effects of the potential exposure must be mitigated to a level of insignificance IN ORDER TO APPLY BEFORE this exemption IS APPLIED. ANY REMOVAL OR MITIGATION TO INSIGNIFICANCE MUST BE COMPLETED PRIOR TO ANY RESIDENTIAL OCCUPANCY OF THE PROJECT.

(e) This section does not apply if there is a reasonable possibility that the project would have a significant effect on the environment due to unusual circumstances or due to the related or cumulative impacts of reasonably foreseeable other projects in the vicinity.

Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Section 21080.14.

15282. Other Statutory Exemptions [New Section]

CEQA does not apply to the following:

(a) The notification of discovery of Native American burial sites as set forth in Public Resources Code §5097.98(c).

(b) Specified prison facilities as set forth in Public Resources Code Sections 21080.01, 21080.02, 21080.03 and 21080.07.

(c) The lease or purchase of the rail right-of-way used for the San Francisco Peninsula commute service between San Francisco and San Jose as set forth in Public Resources Code §21080.05.

(d) Any activity or approval necessary for or incidental to project funding or authorization for the expenditure of funds for the project, by the Rural Economic Development Infrastructure Panel as set forth in Public Resources Code §21080.08.

(e) The construction of housing or neighborhood commercial facilities in an urbanized area pursuant to the provisions of Public Resources Code §21080.7.

(f) The conversion of an existing rental mobilehome park to a resident initiated subdivision, cooperative, or condominium for mobilehomes as set forth in Public Resources Code §21080.8.

(g) Settlements of title and boundary problems by the State Lands Commission and to exchanges or leases in connection with those settlements as set forth in Public Resources Code §21080.11.

(h) Any railroad grade separation project which eliminates an existing grade crossing or which reconstructs an existing grade separation as set forth in Public Resources Code §21080.13.

(i) The adoption of an ordinance REGARDING SECOND UNITS IN A SINGLE FAMILY OR MULTIFAMILY RESIDENTIAL ZONE by a city or county to implement the provisions of Government Code Sections 65852.1 and 65852.2 as set forth in Public Resources Code Section 21080.17.

(j) The closing of any public school or the transfer of students from that public school to another school in which kindergarten or any grades 1 through 12 is maintained as set forth in Public Resources Code §21080.18.

(k) A project for restriping streets or highways to relieve traffic congestion as set forth in Public Resources Code Section 21080.19.

(l) The installation of new pipeline or maintenance, repair, restoration, removal, or demolition of an existing pipeline as set forth in Public Resources Code §21080.21, AS LONG AS THE PROJECT DOES NOT EXCEED ONE MILE IN LENGTH.

(m) The activities and approvals by A local government necessary for the preparation of general plan amendments pursuant to Public Resources Code §29763 as set forth in Public Resources Code §21080.22. PUBLIC RESOURCES CODE §29763 REFERS TO LOCAL GOVERNMENT AMENDMENTS MADE FOR CONSISTENCY WITH THE DELTA PROTECTION COMMISSION'S REGIONAL PLAN.

(n) Minor alterations to utilities made for the purposes of complying with Health and Safety Code Sections 4026.7 and 4026.8 as set forth in Public Resources Code §21080.26.

(o) The adoption of an ordinance exempting a city or county from the provisions of the Solar Shade Control Act as set forth in Public Resources Code §25985.

(p) The acquisition of land by the Department of Transportation if received or acquired within a statewide or regional priority corridor designated pursuant to Government Code Section 65081.3 as set forth in Public Resources Code Section 33911.

(q) The adoption or amendment of a nondisposal facility element as set forth in Public Resources Code Section 41735.

(r) Cooperative agreements for the development of Solid Waste Management Facilities on Indian country as set forth in Public Resources Code Section 44203(g).

(s) Determinations made regarding a city or county's regional housing needs as set forth in Government Code §65584.

(t) Any action necessary to bring a general plan or relevant mandatory element of the general plan into compliance pursuant to a court order as set forth in Government Code §65759.

(u) Industrial Development Authority activities as set forth in Government Code §91543.

(v) Temporary changes in the point of diversion, place of use, of purpose of use due to a transfer or exchange of water or water rights as set forth in Water Code §1729.

(w) The preparation and adoption of Urban Water Management Plans pursuant to the provisions of Water Code Section 10652.

Authority: Public Resources Code Sections 21083 and 21087.
References: Public Resources Code Sections 5097.98(c), 21080.01, 21080.02, 21080.03, 21080.05, 21080.07, 21080.08, 21080.7, 21080.8, 21080.11, 21080.13, 21080.17, 21080.18, 21080.19, 21080.21, 21080.22, 21080.26, 25985, 33911, 41735, 44203(g); Government Code Sections 65584, 65759, 91543; and Water Code Sections 1729 and 10652.

15301. Existing Facilities.

(opening statement) [no change]

(a) [no change]

(b) [no change]

(c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), except where the activity will involve removal of a scenic resource such as a stand of trees, a rock outcropping, or an historic building);

(d) [no change]

(e) [no change]

(f) [no change]

(g) [no change]

(h) [no change]

(i) [no change

(j) [no change]

(k) Division of existing multiple family rental units or single-family residences into condominiums common-interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur WHICH ARE NOT OTHERWISE EXEMPT;

(l) Demolition and removal of individual small structures listed in this subsection, except where the structures are of historical, archeological, or architectural significance:

(1)Single-family residences not in conjunction with the building demolition of two or more such units. One single-family residence. In urbanized areas, up to three single-family residences may be demolished under this exemption.
 

(2)Apartments, duplexes and A duplex or similar multifamily residential structures with no more than four dwelling units if not in conjunction with the demolition of two or more such units. In urbanized areas, this exemption applies to single apartments, duplexes, and similar structures designed for where not more than six dwelling units if not will be demolished in conjunction with the demolition of two or more such structures.

 

(3)A Stores store, motels, offices, restaurants, or similar small commercial structure if designed for an occupant load of 30 persons or less, if not constructed in conjunction with the demolition of two or more such structures. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use, if designed for an occupant load of 30 persons or less if not demolished in conjunction with the demolition of four or more such structures.

 

(4)Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.


(m) [no change]

(n) [no change]

(o) The conversion of existing commercial units in one structure from single to condominium type ownership . Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization unit for the treatment of medical waste generated by that facility provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Health and Safety Code Section 25015, et seq.) and accepts no offsite waste.

Authority: Public Resources Code Sections 21083 and 21087.
References: Health and Safety Code Section 1597.45, Public Resources Code Section 21084.2.

15375 6. Person

"Person" includes any person, firm, association, organization, partnership, business, trust, CORPORATION, corporation, limited liability company, company, district, city, county, city and county, town, the state, and any of the agencies or political subdivisions of such entities.

Authority: Public Resources Code Sections 21083 and 21087.
Reference: Public Resources Code Section 21065 21066.


PLEASE NOTE THAT FOR §15380 PUBLIC COMMENT IS BEING SOUGHT FOR TWO PROPOSED MODIFICATIONS.

OPTION #1

15380. ENDANGERED, RARE, ORTHREATENED, RARE OR ENDANGERED SPECIES

ENDANGERED, RARE OR THREATENED SPECIES" MEANS A SPECIES OR SUBSPECIES OF ANIMAL OR PLANT OR VARIETY OF PLANT THAT IS LISTED IN TITLE 14, CALIFORNIA CODE OF REGULATIONS, SECTIONS 670.2 OR 670.5 OR IN TITLE 50, CODE OF FEDERAL REGULATIONS, SECTIONS 17.11 OR SECTION 17.12.

LEAD AGENCIES HAVE THE DISCRETION TO DETERMINE THAT IMPACTS ON SPECIES OTHER THAN ENDANGERED, RARE OR THREATENED SPECIES ARE SIGNIFICANT, BUT SUCH DETERMINATIONS MUST BE BASED UPON SUBSTANTIAL EVIDENCE IN LIGHT OF THE WHOLE RECORD. LEAD AGENCIES MAY CONSIDER A VARIETY OF FACTORS IN DETERMINING WHETHER AN IMPACT ON A SPECIES IS SIGNIFICANT, INCLUDING WHETHER THE SPECIES IS IDENTIFIED AS A SENSITIVE OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME.



OPTION #2

15380. ENDANGERED, RARE, OR THREATENED, RARE OR ENDANGERED SPECIES

"ENDANGERED, RARE OR THREATENED SPECIES" MEANS A SPECIES OR SUBSPECIES OF ANIMAL OR PLANT OR VARIETY OF PLANT THAT IS LISTED IN TITLE 14, CALIFORNIA CODE OF REGULATIONS, SECTIONS 670.2 OR 670.5 OR IN TITLE 50, CODE OF FEDERAL REGULATIONS, SECTIONS 17.11 OR SECTION 17.12.

LEAD AGENCIES HAVE THE DISCRETION TO DETERMINE THAT IMPACTS ON SPECIES OTHER THAN ENDANGERED, RARE OR THREATENED SPECIES ARE SIGNIFICANT, BUT SUCH DETERMINATIONS MUST BE BASED UPON SUBSTANTIAL EVIDENCE IN LIGHT OF THE WHOLE RECORD. AFTER THE NATURAL DIVERSITY DATABASE HAS BEEN ADOPTED AS REGULATION BY THE DEPARTMENT OF FISH AND GAME (PURSUANT TO CHAPTER 3.5 OF PART 1 OF DIVISION 3 OF TITLE 2 OF THE GOVERNMENT CODE), WHEN A SPECIES LISTED THEREIN IS PRESENT ON THE PROJECT SITE THE LEAD AGENCY MUST MAKE AN AFFIRMATIVE SHOWING IN THE RECORD THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THAT SPECIES.

15382. Significant Effect on the Environment

"Significant effect on the environment" means a substantial, or potentially substantial, adverse change in any of the physical conditions with in the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. A change in the environment which does not exceed an existing state or regional agency standard governing that change is not a "significant effect on the environment." An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant.

Authority: Public Resources Code Sections 21083 and 21087.
References: Public Resources Code Sections 21068, 21083, 21100, and 21151; Hecton v. People of the State of California 58 Cal.App.3d 653.

15382.5 STANDARD [New Section]

"STANDARD" MEANS EVERY RULE, REGULATION, ORDER, OR STANDARD OF GENERAL APPLICATION SPECIFIED IN LAW OR ADOPTED BY ANY PUBLIC AGENCY THROUGH A PUBLIC REVIEW PROCESS TO IMPLEMENT, INTERPRET, OR MAKE SPECIFIC THE LAW ENFORCED OR ADMINISTERED BY THE PUBLIC AGENCY.

APPENDIX G
Significant Effects

A project WILL NORMALLY MAY BE DEEMED TO have a significant effect on the environment if it will: ...

(a) - (b) [no change]
(c) Substantially affect a threatened, rare or endangered species of animal or plant or the habitat of the species;
(d) - (z) [no change]

APPENDIX I
Environmental Checklist Form

VII. Biological Resources. Would the proposal result in impacts to:

(F) SPECIES IDENTIFIED AS A SENSITIVE OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS OR LISTINGS MAINTAINED BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME?

APPENDIX L [New Appendix]
Criteria for Shortened Clearinghouse Review

Under exceptional circumstances, and when requested in writing by the lead agency, the State Clearinghouse in the Office of Planning and Research (OPR) may shorten the usual review periods for negative declarations and EIRs submitted to the Clearinghouse. A request must be made by the decision-making body of the lead agency, or by a properly authorized representative of the decision-making body.

A shortened review period may be granted when any of the following circumstances exist:

(1) The lead agency is operating under an extension of the one-year period for completion of an EIR and would not otherwise be able to complete the EIR within the extended period.

 

(2) The PUBLIC project applicant is under severe time constraints with regard to obtaining financing or exercising options which cannot be met without shortening the review period.

 

(3) The document is a supplement to an EIR or negative declaration previously submitted to the State Clearinghouse.

 

(4) The health and safety of the community would be at risk unless the project is approved expeditiously.

 

(5) THE DOCUMENT IS A REVISED DRAFT EIR OR PROPOSED NEGATIVE DECLARATION, WHERE CHANGES IN THE DOCUMENT ARE PRIMARILY THE RESULT OF COMMENTS FROM AGENCIES AND THE PUBLIC.


Shortened review cannot be provided to an EIR or negative declaration which has already begun the usual review process. Prior to requesting shortened review, the lead agency should have already issued a notice of preparation and received comments from applicable State agencies, in the case of an EIR, or consulted with applicable State agencies, in the case of a negative declaration.

No shortened review period shall be granted unless the lead agency has contacted and obtained prior approval for a shortened review from the applicable State responsible and trustee agencies. No shortened review shall be granted for any project which is of statewide, regional, or areawide significance, as defined in Section 15206 of the Guidelines.

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