FRIENDS OF THE COLLEGE OF SAN MATEO GARDENS v. SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICTCalifornia Natural Resources Agency and Governor’s Office of Planning and Research’s Request for Judicial NoticeCal.June 16, 2016SUPREME COURT COPY Jn the Supreme Court of the State of California FRIENDS OF THE COLLEGE OF SAN MATEO GARDENS, Plaintiff and Respondent, Case No. 8214061 V. SAN MATEO COUNTY COMMUNITY SUPREME O70 COLLEGEDISTRICTetal., f- ee Defendants and Appellants. — JUN 16 2616 (A McGuire Clerk First Appellate District, Div. 1, Case No. A135892 FrankA ° cone San‘ Mateo County Superior Court, Case No. CIV508656 Depuly ' The Honorable Clifford Cretan, Judge MOTION OF THE CALIFORNIA NATURAL RESOURCES AGENCY AND THE GOVERNOR’S OFFICE OF PLANNING AND RESEARCH FOR JUDICIAL NOTICE; SUPPORTING DECLARATIONS; [PROPOSED] ORDER KAMALA D. HARRIS Attorney General of California ROBERT W. BYRNE © Senior Assistant Attorney General TRACY L. WINSOR. Supervising Deputy Attorney General ** JEFFREY P. REUSCH Deputy Attorney General State Bar No. 210080 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 (916) 327-7851 JeffreyReusch@doj.ca.gov Attorneysfor California Natural Resources Agency and Governor’s Office ofPlanning and Research Pursuant to California Rules of Court 8.252(a) and 8.520(g), the California Natural Resources Agency (Resources) and the Governor’s Office of Planning and Research (OPR)(collectively, Natural Resources Agency), request that this Court take judicial notice of the matters listed below and attached to this Motion as Exhibits 1 through 12. MEMORANDUM OF POINTS AND AUTHORITIES The matters that are the subject of this Motion are relevant to the history of the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) and of the California Natural Resources Agency’s implementing regulations, commonlyreferred to as the CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000, et seq.). Their relevanceis further discussed in the Natural Resource Agency’s brief in response to the two questions asked by this Court in its May 11, 2016, order vacating ~ submission of the matter and ordering supplemental briefing, including briefing by the Natural Resources Agency. Because the Natural Resources Agency wasnota party to the proceedings below or on appeal, the Natural Resources Agency does not know whether the mattersit asks this Court to judicially notice were | presented to the trial court. The matters presented for the Court’s attention by wayof this motion are subject to judicial notice under Evidence Code section 451, subdivision (a) (public statutory law ofthis state); section 451, subdivision (f) (facts and propositions not subject to dispute); section 452, subdivision (a) (regulations and legislative enactments issued by or under the authority of any public entity); section 452, subdivision (c) (official acts); section 452, subdivisions (g) and (h) (other facts and propositions not reasonably subject to dispute); and.section 459 (providing for judicial notice in the Supreme Court). The matters to be noticed do not relate to proceedings occurring after the order or judgmentthat is the subject of the appeal. Exhibits 1 through 11 were obtained from digests showing changes in law and regulation that are maintained in book or microfiche format in the California Departmentof Justice’s law library. The declaration of Jeffrey Reuschestablishes their source and that they are accurate copies. Exhibit 12 was copied from the public rulemaking files of the Natural Resources Agency regarding the 1993-1994 amendments to the CEQA Guidelines, California Code of Regulations, title 14, § 15000 et seq. The declaration of Emiko Burchill, Special Assistant for Policy, California Natural Resources Agencyestablishes its source and that it is an accurate copy. The Attorney General requests judicial notice of the following facts and matters based on the documents and authorities cited and attached as exhibits: Exhibit 1: Section 21083 originally authorized the Guidelinesto “include objectives and criteria for... the preparation of environmental impact reports ....” (Stats. 1972, ch. 1154, § 2.3, p 2272.) Exhibit 2: Section 21166 was enacted in 1972, identifying two conditions requiring preparation of a subsequent EIR. (Stats. 1972, ch. 1154, § 16, p. 2277.) Exhibit 3: The Guideline that eventually became section 15162 was originally adopted in 1973, as Guidelines section 15067. The original version of Guidelines section 15067 established two conditionsfor the preparation of an “additional EIR”after an EIR had been “prepared.” The original version of Guidelines section 15067 did not reference substantial project changes following adoption of a negative declaration. (Cal. Admin. Reg. 73, No. 6-B (Feb. 10, 1973) at p. 298.) Exhibit 4: The Legislature amended Section 21083 in 1976, authorizing the Guidelines to “include objectives and criteria for... the preparation of environmental impact reports and negative declarations.. . ” (Stats. 1976, ch. 1312, § 10, p. 5893.) Exhibit 5: In 1977, the Legislature amended Section 21166 to add a third condition triggering the requirement of a subsequent or supplemental EIR. (Stats. 1977, ch. 1200, § 16, p. 4003.) Exhibit 6: Also in 1977, the Legislature enacted Section 21080.1, affording negative declarations the same degreeof finality as EIRs. (Stats. 1977, ch. 1200, § 3, pp. 3997-3998.) Exhibit 7: The Natural Resources Agency amended Guidelines section 15067 in 1978. As amended, Guidelines section 15067 provided three conditions under which an “additional EIR” (now “subsequent EIR’’) would need to be prepared following the preparation of an EIR or a negative declaration. (Cal. Admin. Reg. 78, No. 5 (Feb. 4, 1978)at p. 309.) Exhibit 8: Substantially the same regulatory interpretation of Sections 21083 and 21166, first embodied in Guidelines section 15162 and its predecessor, Guidelines section 15067, has remained in place for thelast 38 years. (Cal. Admin. Reg. 78, No. 5 (Feb. 4, 1978) at p. 309; Cal. Admin. Reg. 80, No. 19-B (May 10, 1980) at pp. 317-318; Cal. Admin. Reg. 83, No. 29-B (July 16, 1983) at pp. 322.13; 322.14; Cal. Admin. Reg. 94, Nos. 33-34 (Aug. 26, 1994) at pp. 684-684.1; Cal. Admin. Reg. 97, No. 22 (May 30, 1997)at p. 688; Cal. Admin. Reg. 2005, No. 40 (Oct. 7, 2005) at pp. 696-697.) Exhibit 9: Since 1978, the Legislature has amended Section 21083 in 1981, 2002, and 2004, and has amended Section 21080.1 in 1993 and 1994. (Stats. 1981, ch. 714, § 370, pp. 2749-2750; Stats. 2002, ch. 1052, § 2, pp. 6787-6788; Stats. 2004, ch. 689, § 1, pp. 5239-5240; Stats. 1993, ch. 1130, § 4, p. 6316; Stats. 1994, ch. 1230, § 6, p. 7685.) Exhibit 10: When the Natural Resources Agency amended Guidelines section 15162 in 1994, it added the current “substantial evidence” language. (Cal. Admin. Reg. 94, Nos. 33-34 (Aug. 26, 1994)at pp. 684-684.1) Exhibit 11: Section 21081.1, and the final amendmentto Section 21166, were enacted in 1977 as part of the samebill that enacted the Permit Streamlining Act, Government Codesection 65920 et seq. (Stats. 1977, ch. 1200, § 1, p. 3993.) Exhibit 12: In its Final Statement of Reasonsfor the 1994 amendments to the CEQA Guidelines, regarding section 15162, the Natural Resources Agency cited Bowman v. City ofPetaluma (1986) 185 Cal.App.3d 1065 and Benton v. Board ofSupervisors (1991) 226 Cal.App.3d 1467, noting that the amendment“reflects recent case law” and “applies the substantial evidence standard of review to the decision whether to prepare a subsequent EIR.” (Final Statement of Reasonsat pp. 13-14.) The Attorney General respectfully requests that the Court grant this Motion. A proposed order immediately follows the second declaration. Dated: June 14, 2016 Respectfully submitted, KAMALA D. HARRIS Attorney General of California ROBERT W. BYRNE Senior Assistant Attorney General TRACY L. WINSOR Supervising Deputy Attorney General ff FFREY P. REUSCH Deputy Attorney General Attorneysfor California Natural Resources Agency and Governor's Office ofPlanning and Research DECLARATION OF JEFFREY P. REUSCH I, Jeffrey P. Reusch, declare: I am a Deputy Attorney General with the California Departmentof Justice. I am licensedto practice in the State of California. 1 obtained or caused to be obtained Exhibits 1 through 11 from published compilations and digests showing changesin law and regulation that are maintained in book or microfiche formatin the Department of Justice’s law library and believe that Exhibits 1 through 11 are accurate copies ofthe text of thelaws andregulations referenced herein as of the dates identified. I declare under penalty ofperjury that the foregoingis true and correct » and that this declaration was executed on June 14, 2016, in Sacramento, California. DECLARATION OF EMIKO BURCHILL I, Emiko Burchill, declare: I am Special Assistant for Policy for the California Natural Resources Agency. I am an attorney licensed to practice in the State of California. Exhibit 12 attached to this Motion is an accurate copy of the Final Statement of Reasons for the 1994 amendments to the CEQA Guidelines as contained in the California Natural Resources Agency’s public rulemaking files. I declare under penalty ofperjury that the foregoing is true and correct and that this declaration was executed on June 14_, 2016, in Sacramento, California. Emiko Burchill - PROPOSED ORDER Pursuant to California Rules of Court 8.252(a) and 8.520(g), the Court grants in full the Motion for Judicial Notice filed by the California Natural Resources Agency and the Governor's Office ofPlanning and Research. The matters sought to be noticed are relevant to the history of the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) and of the California Natural Resources Agency’s implementing regulations, commonly referred to as the CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000, et seq.). The matters are subject to judicial notice under Evidence Code section 451, subdivision (a) (public statutory law of this state); section 451, subdivision (f) (facts and propositions universally knownandnot subject to dispute); section 452, subdivision (a) (regulations and legislative enactments issued by or underthe authority of any public entity); section 452, subdivision (c) (official acts); section 452, subdivisions (g) and (h) (other facts and propositions not reasonably subject to dispute); and section 459 (providing for judicial notice in this Court). The Court | takes judicial notice of Exhibits 1 through 12. Presiding Justice EXHIBIT 1 Volume 1 STATUTES OF CALIFORNIA -AND DIGESTS ‘OF MEASURES Ie 1972 Constitutionof 1 879 as Amended : Measures Submitted to Vote of Electors, { - Special Election, June6, 1972, A | and General Election;November 7, 1972 ee Tee, General Laws, Amendments totheCodes, Resolutions, and Constitutional Amendments passed by the California Legislature at the 1972 Regular Session Compiled by GEORGE H. MURPHY Legislative Counsel 1A—2192 Exh. 1, page 1 9972 oO STATUTES OF CALIFORNIA [ Ch. 1154 public agencies. . . 21066. “Person” includes any person, firm, association, organization, partnership, business, trust, corporation, company, district, county, city and county, city, town, the state, and any of the agencies and political subdivisions of such entities. 21067. “Lead agency” means the public agency which has the principalresponsibility for carrying out orapprovinga project which may have a significant effect upon the environment. SEC. 2.3. Chapter 2.6 (commencing with Section 21080) isadded _ to Division 13 of the Public Resources Code, to read: CHAPTER 2.6. GENERAL 21080, (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried outor approved bypublicagencies, including, but notlimited to, the _ enactment and amendment of zoning ordinances, the issuance of zoning variances, theissuance of conditional use permits and the _ approval of tentative subdivision maps (except where such a project _ is exempt from the preparation of an environmental impact report. pursuant to Section 21166). (b) This division shall not apply to ministerial projects proposed to be carried outor approved by public agencies. . . 21082. All public agencies shall adopt by ordinance, resolution, rule’ or regulation, objectives, criteria and procedures for the evaluation of projects and the preparation of environmental impact reports pursuant to this division. The objectives, criteria and proceduresshall be consistent with the provisionsofthis division and -with the guidelines adopted by the Secretary of the Resources Agency pursuant to Section 21083, Such objectives, criteria and procedures shall be adopted by each public agency no later than 60 days after the Secretary of the Resourcés Agency has adopted - guidelines pursuant:to Section 21083. . 21083, The Office of Planning and Research shall prepare and develop proposed guidelines for the implementationofthis division by public agencies. Such gitidelines shall include objectives and criteria forthe orderly evaluation of projects and the preparation of - environmental impact reports in a manner consistent with this division. Ce . Such guidelines shall specifically include criteria for public agenciesto follow in.determining whetheror not a-proposedproject may have a “significant effect on the environment”. Such criteria shall require a findingof “significant effect on the environment”if any of the following conditions exist: _ (a) A proposedproject has the potential to degrade the quality of the environment,curtail the range of the environment, or to achieve short-term, to the disadvantage of long-term, environmental goals; (b) The possible effects of a project are individually limited but cumulatively considerable;” ~ Exh. 1, p. 2 nagn 1R1ean ARB 7 ws M A T ) E S E O e N a e r e r O O L u g P e Ne e! e l e OF e h dl ed o C ‘Ch, 1154] __ 1972 REGULAR SESSION . | 2273 (c) The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. Such guidelines shall also include procedures for determining the lead agency pursuantto, the provisions of Section 21165. The Office of Planning and Research shall develop andprepare such proposed guidelinesas soon as possible and shall transmit them immediately to the Secretary of the Resources Agency. No laterthan . 60. days after the effective date of this section the Secretary of the Resources Agencyshall certify and adopt such guidelines pursuant to Chapter 4.5 (commencing with Section11371) of Part 1, Division 3, Title 2, of the Government Code, which shall become effective upon thefiling thereof, provided that such guidelines shall not be adopted withoutcompliance.with Sections 11423, 11424 and 11425.of the GovernmentCode. 21083.5. The guidelines prepared and adopted pursuant to Section 21083 may provide that when an environmental impact _ statement has been, or will’ be, prepared for the same project pursuant to the requirements of the National Environmental Policy _- Act of 1969 and implementing regulations thereto, all or any part of such statement may be ‘submitted in lieu of all or any part of an environmental impactreport requiredbythis division, provided that _ such statement, or the part thereof so used, shall comply with the requirements of this division and the guidelines adopted pursuant thereto.. 21084, The guidelines prepared and adopted pursuantto Section 21083 shall includea ‘list of classes of projects which have been determined notto haveasignificant effect on the environment and which shall be exempt from the provisions of this division. In adopting the, guidelines, the Secretary of the ResourcesAgencyshall make a finding thatthelist or classification of projects referred to in this section do not have'a significanteffect-onthe environment. - 21085, All classes of projects designated pursuant to Section 21084; together with emergency repairs to public service facilities necessary to maintain service, shall be exemptfrom the provisions of this division. 21086, A public agency may, at any time, request the addition or deletion of a class of projects, to the list designated pursuant to Section21084. Such a request shall be made in writing to theOffice “OfPlanningandRéséarchanid ‘shallincludeitiformationstipporting thepublic agency’s position that such class of projects does, ordoes ~ not, have a significanteffect on the environment. The Office of Planning and Research shall review each such _ request and, as. soon aspossible, shall submit its recommendation to the Secretary of theResourcesAgency, Following the receipt of such recommendation, theSecretary of the Resources Agency may add or delete the class of projects to thelist of classes of projects designated pursuant to Section 21084 which are exempt from the requirements of this division. The addition or deletion of a class of projects, as providedin this T2—2192 (2—H Exh. 1, p. 3 EXHIBIT 2 Volume1 STATUTES OF CALIFORNIA AND DIGESTS OF MEASURES 1972 Constitution of 1879as Amended Measures Submittedto Vote of Electors, Special Election, June 6, 1972, and General Election;November 7, 1972 General Laws, Amendmentsfo.theCodes, Resolutions, - and Constitutional Amendments passed by the _ California Legislature at the 1972 Regular Session | Compiled by GEORGE H. MURPHY Legislative Counsel 1A—2152 Exh. 2, p. 1 S A V T R A Se s i n e s e m a , gVe rn ee g e e s , + a e g SM I A S I S g o e B V B e e s B E T Ch, 1154] 1972 REGULAR SESSION 2977 determine whether the proposed project may have a significant effect on the environment or to prepare an environmental impact report. - Jf any orall of the information so submitted ‘is a “trade secret” as defined in Section 6254.7 of the Government Code by those submitting that information, it shall not be included in the impact report or otherwise disclosed by any public agency. This section shall not be construed.to prohibit the exchange of properly designated trade secrets between public agencies who have lawful jurisdiction over the preparation of the impact report. ——. 21161, Whenever a public agency has completed an- environmental impactreport,it shall cause a notice of completion of such report to be filed with the Secretary of the Resources Agency. The notice of completion shall briefly identify the project and shall © indicate that an environmental impact:report has been prepared. © Failure to file the notice required by this section shall not affect the validity of a project. | . -SEc. 16. Chapter 6 (commencing with Section 21165) is added to Division 13 of the Public Resources Code,to read: a CHAPTER 6, . LIMITATIONS 21165. When projectis to be carried out or approved by two or more public agencies, thedetermination of whetherthe project may have a significant effect on the environment shall be made by the lead agency and such agency shallprepare, or cause to be prepared by contract, the environmental impactreport for the project, if such — a report is required bythis division, In the eventthat a dispute arises as to which is the lead agency,any public agency may submit the question to the Office of Planningand Research, and the Office of Planning and Research shall designate the lead agency, giving due ' consideration to the capacity of such agency to adequately fulfill the requirements ofthis division. — 21166, When an environmental impact report has been prepared for a project pursuantto this division, no subsequent environmental impact report shall be required unless either of the following occurs: (a) Substantial changes are proposed in the project which will require major revisions of the environmental impact report. (b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report. 91167. Any action or proceedingto attack, review,setaside,void, or annul the following acts ordecisions of a public agency on the grounds of noncompliance with this division shall be commencedas follows: De (a) An action or proceeding alleging that a public agency is carrying out or-has approved a projéct which may havea significant effect on the environment without having determined whether the project may have a significant effect on the environmentshall be Exh, 2, p. 2 0889 15265 487 EXHIBIT 3 seginning with the first Register printed in 1953, a of numbering the Registers to correspond to the year, ; No. I, has been adopted. - r 78, No. 6—2-10-73) State of California lifornia Administrative Register 73, No. 6-B (February 10, 1973) - "mendments and Additions to Rules and Regulations of Title 14, Resources Agency Boe Published by “es... OFFICE OF ADMINISTRATIVE HEARINGS —_— © Department of General Services Distributed by nr. State of California _—= DOCUMENTS SECTION P.O. Box 20191 / Sacramento, Callfornia 95820 E Exh. 3, p. 1 REVISION RECORD FOR REGISTER 73, No. 6 (February 10, 1973) TITLE 14. NATURAL RESOURCES DIVISION 6. RESOURCES AGENCY CHaPrer 3, GUIDELINES FOR IMPLEMENTATION OF THE CaLIrornia ENVIRONMENTAL Quauiry Aot or 1970. ~ This part of Register 78, No. 6, contains all the additions, amend- ments, and repeals affecting the above-entitled portion of the California Administrative Code which were filed with the Secretary of State from 99-73, to and including 2-10-73. The latest prior register containing regilations of the above agency is Register 72, No. 29 (7-15-72), It is important that the holders of the above-entitled portionof * the code cheek the section numbers listed below as well as the page numbers When inserting this material in the code and removing the superseded material. In case of doubt rely upon the section numbers rather than the page numbers since the section numbers must run con- secutively even though there may be an error in the paging. SECTION CHANGES The sections listed: below are added herein. - 16000 15060 through 15078 ‘$5005 . 15080 through 15087 _ 15010 through 15014 15100 through 15116 .15020 through 15040 ~ 15140through 15146 _ 15050 through 15054 , : 15160 through 15166 PAGE CHANGES REMOVE ‘ INSERT Old Pages Attached Pages - 261-262 261-262 285~324 Xi Is Suggested That Superseded Material Be Retained. Saveit @: and -place it in a separate file under the original heading (either the ; . appropriate title or register heading). It will then always be possible to find the priot wording of any section by using the history notes provided, cn ‘ Nore: ‘This revision sheet is not a. part of the code. It is chiefly for filing purposed. Ifpreserved with the remoyed pages, it will afford a ready reference to the sections affected by agency action. , oIt ip suggested that the latest Revision Record be retained for convenience in verifying whether or not the prior Register hus been received. : (Preoedes page 261, Title 14) Exh. 3, p: 2 NATURAL RESOURCES TITLE 13 (Hegister 73, No, ndi required to furnish service to the project to the a ency draftin 9 EIR, and no separate EIR will be required in regard to such actin a (c) Where more than one public agency equally meetthe orj iteas forth in paragraph (b) above, the agency whichis to actfirs project in question shall be the Lead Agency(following the Princip\d that the environmental impactshould be assessed as early as possi "iy in governmental planning), ley ' (d) In the event that the designation of a Lead Agencyisin dis among public agencies, any public agency may submit the questipu the Office of Planning and Research which shall designate the Le Agency based on considerationof the abovepriorities, along with co siideration of the capacity of such agency to adequately fulfill the re quirements of the CEQA. . 15066. Obligations of a Lead Agency. (a) In these Guidelinesd whereverreference is madeto the responsible agencyfora project, thal shall be the. Lead Agency when more than one public agency jsind volved in undertaking or approving the project. The Lead Agency shall’ meetall obligations for which the responsible agency is responsible includingthe.determination of whether.theproject willor will not haveg a significant effect on the environment. : (b) The Lead Agency shall prepare or cause to be preparedthe EIR! ‘or Negative Declaration after consultation with all other public agend cies which must approve the project in.question orapat of the project To insure that the EIR or Negative Declaration re public agencies which will issue approvals for the project. This consulted tion shall be done at an early stage of the developmentof the EIR, : (c) The Lead Agency shall.include in its Notice of Completion gi statementto the effect that it isa Lead Agency. (d) The EIR prepared by the Lead Agencyshall be considered by every public agency prior to its approval or disapproval oftheproject 15067. Subsequent EIR. Where an EIR has been prepared, no ad ditional EIR need be prepared unless: (a) Substantial changes are proposed in the project which will re - quire majorrevisions of the EIR, due to the involvement of new envi-4 ronmental impacts not considered in.the original EIR; 4 (b) There are substantial changes with respectto the circumstanceg under which the project is to be undertaken, such as a change in thé proposed location of the project, which will require major revisionsitt the EIR due to the involvement of new environmental impacts not coveredin the original EIR. 15068. Use of a Single EIR. A responsible agency may employ ag single EIR to describe more than one project, if such projects are esser-y tially the same in terms of environmental impact. Further, a responsible agency may use an earlier EIR prepared in connection with anearlies project to apply to a later project, if the circumstances of the project teriaser t on thea . ects the concerns ofall the public agencies involved, the Lead Agency should consult withiam = r a m e n p m o c h m w e EXHIBIT 4 | Volume 3 ~ STATUTES OF CALIFORNIA. AND DIGESTS OF MEASURES 1976 Constitution of 1879 as Amended Measures Submitted to Vote of Electors, Primary Election, June 8, 1976, and General Election, November 2, 1976 - General Laws, Amendments to the Codes, Resolutions, and Constitutional Amendments passed by the California Legislature | 1975-76 Regular Session Compiled by BION M. GREGORY legislative Counsel Exh.4, p. 1 Ch. 1312] STATUTESOF 1976 | 5893 SEC. 10. Section 21083 of the Public Resources Codeis amended to read: . . 21083. The Office of Planning and Research shall prepare and develop proposed guidelines for the implementation ofthis division by public agencies. Such guidelines shall include objectives and criteria for the orderly evaluation of projects and the preparationof environmental impact reports and negative declarations in a manner consistent with this division.” Such guidelines shall specifically include criteria for public agenciesto follow in determining whetheror not a proposed project may have a “significant effect on the environment”. Suchcriteria shall require a finding that a project may havea “significant effect on the environment”if any of the following conditions exist: (a) A proposed project has the potential to degrade the qualityof the environment, curtail the range of the environment, or to achieve short-term, to the disadvantage of long-term, environmentalgoals. _ (b) The possible effects of a project are individually limited but cumulatively considerable. As used in this subdivision, “cumulatively: considerable” meansthat the incremental effects of an individual projectare considerable when viewedin connection with the effects ofpast projects, the effects of other current projects, and the effects of probable future projects. - {c) The environmental effects of a project will cause substantial adverse effects on human beings, eitherdirectly or indirectly. Such guidelines shall also include procedures for determining the - lead agency pursuantto the provisions of Section 21165. Such guidelinesshal] also include criteria for public agenciesto use in determining when a proposed projectis ofsufficient statewide, regional, or areawide environmental significance that it should be submitted to appropriate state agencies for review and comment prior to completion of an environmentalimpact report or negative declaration thereon. ee oe The Office ofPlanningand Research‘shall develop and prepare such proposedguidelines as soon.as possible andshall transmit them immediately to the Secretary of the Resources Agency. Nolater than 60 days after the effective date of this section the Secretary of the Resources Agencyshall certify and adopt such guidelines pursuant to Chapter 4,5 (commencing with Section11371) of Part 1, Division 8, Title 2 of the Government Code, which shall become effective Upon the filing thereof, provided that such guidelines shall not be adopted without compliance with Sections 11423, 11424, and 11425 of the Government Code. ne SEC. 10.5. Section 21084 of the Public Resources Codeis amended to read: re 21084. (a) The guidelines prepared and adopted pursuant to Section 21083 shall include a list of classes of projects which have €n determined-not to have significant effect on the environment and which shall be exempt from the provisions of this division. In 19369} Exh. 4,p.2° | 02679 284135 36 EXHIBIT 5 Volume 2 STATUTES OF CALFORNIA AND DIGESTS OF MEASURES 1977 Constitution of 1879 as Amended ~ General Laws, Amendments to the Codes, Resolutions, ‘and Constitutional Amendments passed by the - California. Legislature 1977-78 Regular Session Compiled by BION M. GREGORY Legislative Counsel- Exh.5,pr Ch. 1200 ] STATUTES OF 1977 _ 4003 have a significanteffect on the environment shall be made by the lead agency; and such agencyshall prepare, or cause to be prepared by contract, the environmentalimpact report for the project, if such- a reportis required by this division. In the eventthat a dispute arises as to which is the lead agency, any public agency, or in the case of a project described in subdivision (c)of Section 21065 the applicant _for such project, may submit the question to the Officeof Planning and Research, and the Office of Planning and Research shall designate, within 21 days of receiving such request,the lead agency, giving ‘due consideration to the capacity of such agency to - adequately fulfill the requirementsof this division. SEC. 16. Section 21166 of the Public Resources Codeis amended ~ to read: 21166.When an environmental impact report has been prepared for a project pursuantto this division, no subsequent or supplemental environmental impact report shall be required by the lead agency or by any responsible agency, unless one or more ofthe following. events occurs: (a) Substantial changes are proposed in theproject which will require major revisions of the environmental impact report. (b) Substantial changes occur with respect to the circumstances| under which the project is being undertaken which will require major revisions in the environmental impact report. (c) New information, which was not known and could not have been known at the time the environmental impact report was ~ certified as complete, becomesavailable. SEC. 17, Section21167 of the Public Resources Codeis amended to read; 21167. Any action orproceeding to attack, review,set aside, void, or annul thefollowing acts or decisions of a public agency onthe grounds of noncompliance with this division shall be commenced as follows: (a) An action or proceeding alleging that a public agency is carrying out or has approved a project which may have asignificant effect on the environment without having determined whether the project may havea significant effect on the environment shall be commenced within 180 days of the public agency's decision to carry out or approvetheproject, or,if a project is undertaken without a formal decision by the public agency, within 180 days after commencementof the project. (b) Any action or proceeding alleging that a public agency has improperly determined whether a project may havea significant. effect on the environment shall be commenced within 30 days after the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Section 21152. {c) Any action or proceeding alleging that an environmental . impact report does not comply with the provisions of this division ‘shall be commenced within 30 days after the filing of the notice required by subdivision (a) of Section 21108 or subdivision (a) of Exh.5, p. 2 0884 1705 1200 EXHIBIT 6 ie a e L e v e e 2: Volume 2 STATUTES OF CALIFORNIA 7 AND DIGESTS OF MEASURES 1977 Constitution of 1879 as Amended General Laws, Amendments to the Codes, Resolutions, and Constitutional Amendments passed by the California Legislature 1977-78 Regular Session Compiled by BION M. GREGORY legislative Counse/ Exh, 6, p. 1 | Ch. 1200 | environmenta l impact - .< being prepared on a’ - n 33083.6 of the Public he timelimits es tablished agency shall appro ve OT. ye. after the combined ytal impact stateme nt has responsible agen cy fora pprove such proj ect within ne is longer: which the lead agency has ich completed app lications d accepted as co mplete by article are maxi mum time — development p rojects. or disapprove dev elopment is arti 3 ly in hi article shall not app rions require time schedule s > such.app! xencing Wl 0 i icy fails "4 y ora responsib le agen y79° ‘roject within t he ime emis act shall be dee med approv th Section 1330) of tions 65950 and 65952 may: $00 days upon consent ofthe : ic Resources Codeis amen de sbjectives set forth in Secti on lares that the following Po % sntal impact re ports prepare rision: 7 stal impact rep ort1s to iden t n the enviro nment, to id en icate the man ner which ) avoided. a, ti voi d the signific at jects it approv es or carries social, OT oth er condition s mas oes4 155 Ch. 1200 } STATUTES OF 1977 , 3997 it infeasible to mitigate one or moresignifip gnificant effects of a pro on the environment, such project may nonetheless be approvedor carried out atthe discretion of a public agency, provided that the project is otherwise permissible unde iPastion® T applicable laws and (d) ‘In applying the policies of subdivisions (b) and (c) to _ individual projects, the responsibility of a public agency which is functioning as a lead agency shal) differ from that o j which is functioning as a responsible agency. Aaie agency functioning as a lead agencyshallhave responsibilityfor considering the effects,both individual andcollective,of all activities involved in a project. A public agency functioning as a responsible agencyshall have responsibility for considering only the effects of those activities involved in a project, which it is required by law to carry out or approve. The provisions of this subdivision shall apply only to decisions by a public agency to carry out or approve a project and shall not limit the scope of the comments such agency maywish to. make pursuant to Section 21104 or 21153. SEC. 2. Section 21080 of the Public Resources Code is amended to read: , 21080. (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including,but notlimited to, the _ enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps (except where such a project _ is exempt from the preparation of an environmental i pursuant to Section 21166). ar mpactreport i nis division shall not apply to the following: inisterial projects proposed to be carried out public agencies. Mt or approved Py (2) Emergency repairs to public service facilities necessary to maintain service. . . (3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace proper 1 elege ; : ; > or facilities damaged or destroyed as a result of a “disaster pd a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing - with Section 8550) of Division 1 of Title 2 of the Government Code. (4) Specific actions, necessary to prevent or mitigate an . “emergency. (5) Projects which a public agency rejects or disapproves. (c) In the event that a lead agency determines that a proposed project, not otherwise exempt from the provisions of this division, does not have a significant effect on the environment, such lead agency shall adopt a negative declaration to that effect. : nee 3. Section 21080.1 is added to the Public Resources Code, to 21080.1. The lead agency shall have the responsibility for Exh. 6, p. 2 0484 305 1200 3998 STATUTES. OF 1977 - £ Ch. 1200 determining whether an environmental impact report or a negative declaration shall be required for any project subject to the provisions of this division. Such determination shall be final and conclusive on all persons, including responsible agencies; unless challenged as provided in Section 21167. . ; SEC.4. Section 21080.2 is added to the Public Resources Code, to read: 21080.2. In the case of a project described in subdivision (c) of Section 21065, the determination required by Section 21080.1 shall be ‘made within 45 days from the date on which an application for a- project has been received and accepted as complete by the lead agency. ; SEC.5. Section 21080.3 isadded to the Public Resources Code,to read: 21080.3. (a) Prior to determining whether a negative declaration or environmental impact report is required for a project, the lead agency shall consult with all responsible agencies. (b) In order to expedite the requirementsof subdivision (a), the Office of Planning and Research, upon requestof a lead agency,shall assist such lead agency in determiningthe various responsible ~ agenciesfor a proposed project. In the caseof a project described in subdivision (c) of Section 21065, such a request may also be madeby. the project applicant. an SEC. 6. Section 21080.4 is added to the Public Resources Code,to read: 21080.4. (a) In the event that a lead agency determines that an environmental impact report is required for a project, such lead agency shall immediately send notice of such determination by certified mail to each responsible agency. Upon receipt of such notice, each responsible agencyshall specify to the lead agency the scope and content of the environmental information which is germane to such responsible agency’s statutory responsibilities in _ connection with the proposed project and which, pursuant to the requirementsofthis division, shall be included in the environmental impact report. Such information shall be specified in writing and shall be communicated to the lead agencybycertified mail notlater than 45 days after receipt of the notice of the lead agency’s determination. The lead agency shall request similarguidance from appropriate federal agencies. (b) In order to expedite the requirements of subdivision (a), the lead agency or any responsible agency may request one or more meetings between representatives of such agencies for the purpose of assisting the lead agency to determine the scope and contentof the environmental information such. responsible agency may require. In the case of a project de§$eribed in subdivision (c) of Section 21065, such a request may also be made bythe project applicant. Such meetings shall be convened by the lead agency as soon as possible, but no later than 30 days, after they have been requested. 0884 6010 1200 Exh.6,p.3 Ch. 1200 } (c) In order to expe Office of Planning and assist such lead agen agencies and any fed carryingout or approv described in subdivisia be madebythe proje: _ (d) In the eventtha’ to the requirements o Research shall ensure (a) is transmitted to period, SEC. 6.5. Section amendedto read: 21080.5. (a) When board, or commiss documentation, con complying with the re of this section, to be su in subdivision (b), suc submitted in lieu oft this division; provider has certified the regu (b) The provisions programsor portions (1) Theissuance to permit,license, certif (2) The adoption « plans for use in the r (c) A regulatory ; . - exemptfrom the pro 21100) of this divisiox (d) In order to qui regulatory program : approach whichwill social sciences in dec; criteria; (1) The enabling | (i) Include protec purposes. (ii) Contain autho: rules and regulations by standardsset ‘fort. (2) The rules an: agency shall: (i) Require that a proposed if there a measures available wv adverse impact whic EXHIBIT 7 REVISION RECORD FORREGISTER 78, No. 5 (February4, 1978) TITLE 14. NATURAL RESOURCES DIVISION 6. RESOURCES AGENCY CHAPTER 3. GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 CHAPTER 4, RESOURCES AGENCY—CONFLICTOF INTEREST CODE This part of Register 78, No. 5, contains all the additions, amendments, and repeals affecting the above-entitledportion of the California Administrative Code which werefiled with the Secretary of ' State from 1-28-78, to and including 2-4-78. The latest prior register containing regulations of the above agency is Register 77, No. 22 (5-28-77). | | _ It is suggested that the section numberslisted below as well as the page numbers be checked wheninserting this material in the code and . removing the superseded material. In case of doubt rely upon the - section numbers rather than the page numbers since. the section numbers must run consecutively. It is further suggested that superseded material be retained with this revision record sheetso that ‘the prior wording ofany section can be easily ascertained. SECTION CHANGES | Unless otherwise noted, thesectionslisted below are added herein. 1" an ' (Precedes Page 261, Title 14) (Over) | 15011.6 15069.6: 15012 Amended : 15070(e) - 15023.7 a. -15074(c) Amended ' 1§029.6(b) Amended“ ~~ 15074(d) Amended ‘15030 Amended — 15075 Renumbered 15035.7 15075 15039 Amended 15076 15050{c) (12) 15077 15050 (e) 15078 15051 Amended 15079 15054.1 Amended 15080 (g) 15054.2 ’ 15083(b) Amended ~ 150543 15083 (f) Amended 15055 15085 (b) Amended 15063 Amended 15085.5 15064 Amended. 15089 15065 (d) Amended 15090 Repealed 15065(e) Repealed ~ 15103(c) Amended 15065.3 15121 15065.5 Amended . 15122 15066 Amended 15123 15067 Amended 15124 " Exh. 7, p.1 "+ SECTION CHANGES—Continued 15148(b) Amended 15161.6 15201; 15202 15203 , 15411-15454; not consecutive Remove _ Old Pages 261-262 . 285-290 993-306 306.1-306.6 307-312 312.1-319.2 315-316 318.1-318.2 PAGE CHANGES - 318.5-318.12 324,1-324.2 394,5-394.12 Exh. 7, p. 2 Appendix D Amended _ Appendix G.Amended AppendixH Amended. Appendix I Amended ~ AppendixJ insert Attached Pages 261-262 285-250 _ 290.1-290.2 293-319 312.1-312.16. 315-316 318.1-318.2 —-318.2.17-318.2.2 318.5-318.14 - 324,1-324.2 324.5-324.14 — _ TITLE 14 RESOURCES ° a .B09 "(Register 78, No. 5—2-478) | (g) When oneor morestate agencieswill be a Responsible Agency, the Lead Agencyshall send a Notice af Preparation by certified mail to each state Responsible Agency with a copy to the State Clearing- - housein the Office of Planning and Research. The State Clearinghouse will ensure that the state Responsible Agencies reply to. the Lead Agency within the required time. | _ History: 1. Repealer and new section filed 12-14-73 as an emergency; effective upon filing. Certificate of Compliance included (Register 7, No. 50). 2. Amendmentfiled 1-3-75; designated effective 4-1-75 (Register 75, No.1). 3. Amendmentfiled 2-2-78; effective thirtieth day thereafter (Register 78, ; No. 5). oO Oo 15067. Subsequent EIR. (a) Where an EIR or Negative Decla- — ration has been prepared, no additional EIR need be prepared unless: (1) Subsequent changes are proposed in the project which will require major revisions of the EIR, due to the involvement of new environmental impacts not considered in a previous EIR on the project, or oo 7 vO oo (2) Substantial changesoccur with respect to the circumstances under which the project isundertaken, such as a substantial deterio- — ration inthe air quality where the projectwill be located, which will require major revisions in the EIRdue to the involvement of new environmental impacts notcovered in .a previous EIR, or . (3) Newinformation of substantial importance to the project becomesavailable, and _ . (A) The information was not known andcould not have been known at the time the EIR was certified as complete or the Nega- tive Declaration was adopted, and oe (B) The new information showsany ofthe following: |, The project will have one or moresignificant effects not discussed previously in the EIR, — 2, Significanteffects previously examined will be more severe than shown in the EIR, . 3. Mitigation measuresor alternatives previously found not.to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, or — 4, Mitigation measuresor alternatives which were not previ- ously considered in the EIR would substantially lessen one or moresignificant effects on the environment. oe (b) If the EIR or Negative Declaration has been completed but the project has not yet been approved, the Lead Agencyshall prepare or cause to be prepared the subsequent EIR before approvingthe project. (c) If the project was approvedprior to the occurrence ofthe condi- tions describedin Subsection(a), the subsequent EIR shall be prepared by the public agency which grants the next discretionary approval for. the project. In thissituation no other Responsible Agencyshall grant.an approval for the project until the subsequent EIR has been completed. History: 1. Amendmentfiled-12-14-73 as an emergency; effective upon filing. Certifi- cate of Compliance included (Register 73, No. 50). 2. Amendment filed 2-2-78; effective thirtieth day thereafter (Register 78, No.5). - m Exh. 7, p. 3 EXHIBIT 8 REVISION RECORD FORREGISTER 78, No. 5 (February 4, 1978) . TITLE 14. NATURAL RESOURCES DIVISION 6. RESOURCES AGENCY — CHAPTER 3. GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 CHAPTER 4. RESOURCES AGENCY—CONFLICT OF INTEREST CODE This part of Register 78, No. 5, contains all the additions, amendments, and repeals affecting the above-entitledportion of the California Administrative Code which were filed with the Secretary of ~ State from 1-28-78, to and including 2-4-78. The latest prior register containing regulations of the above agency is Register 77, No. 22 (5-28-77). | - It is suggested that the section numberslisted below as well as the page numbersbe checked wheninsertingthis material in the code and removing the superseded material. In case of doubt rely upon the - section numbers rather than the page numbers since the section numbers must run consecutively. It is further suggested that superseded material be retained with thisrevision record sheet so that ' the prior wordingof any section can beeasily ascertained. r . ‘SECTION CHANGES Unlessotherwise noted,the sectionslisted below are added herein. 15065(e) Repealed ~ 15011.6 15069.6 15012 Amended 15070(e) 037dT(c) Amended 18029.6(b) Amended = 15074(d) Amended 15030 Amended ; 15075 Renumbered 15035.7 15075. 15039 Amended _- 15076. 15050 (c) (12) 15077 15050 (e) 15078 15051 Amended 15079 15054.1 Amended 15080 (g) 15054.2 ' 15083(b) Amended 15054.3 15083 (f) Amended 15055 15085(b) Amended 15063 Amended. 15085.5 15064 Amended 15089 15065 (d) Amended 15090 Repealed 15103(c) Amended - 15065.3 15121 15065.5 Amended 15122 15066 Amended 15123 15067 Amended 15124 ( Over) - (Precedes Page 261, Title 14) | Exh. 8, p.1 * SECTION CHANGES—Continued 15148(b) Amended 15161.6 15201; 15202 15203 15411-15454; not consecutive Remove Old Pages 261-262 285-290 293-306 306.1-306.6 307-312 312.1-312.2 315-316 318.1-318.2 * 318.5-318.12 | 324.1-324.2 324.5-394.12 Appendix D Amended Appendix G Amended Appendix H Amended. _ Appendix I Amended _ PAGE CHANGES» Exh.8, p. 2 , Appendix] . insert Attached Pages 261~262 285-290 290.1-290.2 . 293-312 312.1-312.16 315-316 318.1-318.2 -318.2.1,-318.2,2 318.5-318.14 324,1-324.2 324.5-324.14 TITLE 14 RESOURCES * 309 "(Register 78, No. 5—2-4-78) | ( g) Whenoneor morestate agencies will be a Responsible Agency, the Lead Agencyshall send a Notice of Preparation by certified mail to each state Responsible Agency with a copy to the State Clearing- ~ house in the Office of Planning and Research. The State Clearinghouse will ensure that the state Responsible Agencies reply to the Lead Agency within the required time. - oo | _ History: \. Repealer and new section filed 12-14-73 as an emergency; effective upon filing. Certificate of Compliance included, (Register 7, No. 50). -9, Amendmentfiled 1-3-75; designated effective 4-1-75 (Register 75, No. 1). 3. Amendmentfiled 2-2-78; effective thirtieth day thereafter (Register 78, No. 5). _ } a 15067. Subsequent EIR. (a) Where an EIR or Negative Decla- ration has been prepared,no additional EIR need be prepared unless: (1) Subsequent changes are proposed in the project which will require major revisions of the EIR, due to the involvement of new environmental impacts not considered in a previous EIR on the project, or . . 7 nO os (2) Substantial changesoccur with respect to the circumstances — under which the projectisundertaken, such as a substantial deterio- ration inthe air quality where theproject will be located, which will require major revisions in the EIRdue to the involvement of new environmental impacts notcovered in.a previous EIR, or ~ (3) New: information of substantial importance to the project becomesavailable, and Co OO (A) The information was not known and could not have been knownat the time the EIR was certified as complete or the Nega- tive Declaration was adopted, and - (B) The new information showsanyofthe following: 1. The project will have one or more significant effects not discussed previously in the EIR,. De 2. Significanteffects previously examined will be more severe than shown in the EIR,- 3. Mitigation measuresor alternatives previously found not.to be feasible would in fact be feasible and would substantially reduce one or moresignificant effects of the project, or 4, Mitigation measures or alternatives which were not previ- ously considered in the EIR would substantially lessen one or more significant effects on the environment. 7 (b) If the EIR or Negative Declaration has been completed but the project has not yet been approved, the Lead Agency shall prepare or cause to be prepared the subsequent EIR before approving the project. (c) If the project was approvedprior to the occurrenceof the condi- tions described in Subsection (a), the subsequent EIR shall be prepared by the public agency which grants the next discretionary approval for- the project. In thissituation no other Responsible Agency shall grantan approval for the project until the subsequent EIR has been completed. History: 1. Amendmentfiled12-14-73as an emergency;effective uponfiling. Certifi- cate of Compliance included (Register 73, No. 50). , 9. Amendmentfiled 2-2-78; effective thirtieth day thereafter (Register 78, No,5). : OO ‘Exh. 8,p.3 «+: State-from..5-3-80,:to and includin P O S S E S E S A r R S A E r a n e e e n e J W e ! REVISIONRECORD FORREGISTER80, No. 19-B (May10, 1980) TITLE 14. NATURAL RESOURCES DIVISION 6. RESOURCES AGENCY This part of Register 80, No. 19, contains ail the additions, amendments, and repeals affecting the above-entitled portion of the CaliforniaAdministrative Code whichwerefiledwith the Secretary of containing regulations of the above agencyis Register 80, No. 15 (4-12-80). SO It is suggested that the section numbers listed below as well as the pagenumbers be checked wheninsertingthis material in the code and removing the superseded material. In case of doubt rely upon the section numbers rather than the page numbers since the section numbers must run consecutively. It is further suggested that superseded materiel be retained with this revision record sheet so that the prior wording of any section can be easily ascertained. SECTION CHANGES , Unless otherwise noted, the sections listed below are amen ded erein. 15002 Added | 15080(c), (g) - 15006 Added - _ 18 15016 Added 15085(b), (h) 15023.5 — 15085.5(d) » 390925.Added-°. =o+a, :, -15088(d), (e) Added 15037 (b) - " —-45089(b) 15041 Added. . -15100.2(c), Added “y+15042 Added.‘~~: ooeal U IBIOMSF J May S088 Addedfe ah. ore, SeIBMOBa oy OO es 5050(6) Added! eet rf. 15108 pee i! 150541 ee 15104(h) Added -15054.2(b) 15105 15055 (a) 1511) (c) Added 15068(h) Added ISLI5 Added 1a086 15125 Added 15067 (a) 15126 Added 15067.5 Added 15127 Added 15068,6 Added 15140(b) 15068.7 Added 151405 Added 150528.8 Added 15142 15074 15143(a), (ce), (a) 15076 . 15146 (b) 15079 15149{d) Added 15079.1 Added - 1516L5 15079.2 Added 15161.6(b)(7) Added 15079.3 Added 15165.5 Added 13079.4 Added Appendices A, B, D, FG, I 15079.5 Added Exh. 8 p. 4 5-10-80. .The. latest - prior:register... PLEASE NOTE ‘A new, siraple style for the California Administrative Code is being imple- mented to cut both printing time and expense. We hope you are pleared with the new format which youwill notice in the atteched amendments. PAGE CHARGES ‘Remeve Insort Old Pages Attached Pages 285-322 — Say geTeRs 918.2,1-818.2.2'" -—-818.8-818.4 | 918.4,1-$18.4.2: 318.5-818.16 319-924 994. 1-894.12 TITLE 14 RESOURCES AGENCY RES ET {Register 80, No. 19-—G-10-00) : (p. 817) (h) When the Notice of Preparation is submitted to the State Clearinghouse, the state identification numberissued by the Clearinghouse shall be the iden- tification numberforall subsequent environmental documents on the project. The identification number should be referencedor all subsequent correspond- ence regarding the project, specifically on the title page of the dratt andSnal EIR and on the Notice of Determination. _ NOTE:Authority cited: Section 21033, Public Resources Code. Reference: Section 210088 and 21080.4, Public Resources Code. ) | _ HISTORY: , 41, Repealer and newsection filed 12-14-73 as an emergency; elective upon filing (ee osmGgtaneasoFCoinipliatio’ irndluded (Register7,No:50)“mmm . _ 2 Amendmentfiled 1-3-75; designated effective 4-1-75 (Register 75, Na.1). ag ; 3 Amendmentfiled 2-2-78, effective thirtieth day thereafter (Register 78, No. 5). uo "4 Amendment filed 5-8-80; effective thirtieth day thereafter (Register 80, No. 19). —_ 19987, Subsequent ERR fl ~ (a) Where an-EIR or Negative Declaration has been prepared, no additional EIR need be prepared unless: ae (1) Subsequent changes are proposed in the project which will require im- portantrevisions of the EIR, due to the involvementofnew significant environ- mental impacts not considered in a previous EIR on the project. (2) Substantial changes occur with respect'to the circumstances under which the project is undertaken, such as'a substantia! deterioration in the.air - quality where the project will be located, which will require important revi sions in the EIR cue to the involvement of newsignificant environmen impacts not coveredin a previous EIR, or , i New information of substantial importance to the project becomes avail- able, an - (A) The information was not known and could not have been known at the ae time the EIR was certified as complete. or.theNegative Declaration was adopt- _ ed, an a. a BS ...{B)_ The, new informationshows, anyof the following:03-00 3 il:Phe projectWill:haveone or.more‘significanteffectsnotdiscussed ; ously inthe EIR,. . : . io. 9, Significanteffectspreviously examinedwill besubstantially moresevere’ than shown in the EIR, 8, Mitigation measures or alternatives previously found not to be feasible wouldin fact be feasible and would substantiallyreduce one or more significant effects of the project, or . 4. Mitigation measuresor alternativeswhich were not previously considered in the EER would substantially lessen one or more significant affects on the environment... . oe (b) if the EIR or Negative Declaration has been completed but the project has not yet been approved, the Lead Agencyshall prepare or cause to be prepared the subsequent EIR before approving the project. . Exh. 8, p. 6 . S e y L e e e $ 15087.5 RESOURCES AGENCY TITLE 14 (p, 818) {Register 89, So, 13-10-88 i (c) If the project was approved prior to the occurrence of the conditions key described in Subsection (a), the subsequent EIR shall be red by the public 3 agency which grants the next discretionary approval for the project. In this situation no other Responsible Agency shall grant an approval for the project sntil the subsequent EIR has been completed. NOTE: Authority cited: Section 21088, Public Resources Code. Reference: Section 21166, Public Resources Code. MISTOR?: 1. Amendmentfiled 12-14-75 as an emergency; effective upon fling. Certificate of Compliance included (Register 78, No. 50). o 9, Amendmentfiled 2-2-7; effective thirtieth day thereafter (Register 78. No. 5). 8, Amendmentofsubsection (a) filed 5-8-80; effective thirtieth day thereafter (Regis- herBO, NO-1D). a. snn-mtens eee ne eetme Sette senor : B thSupplement to an EMR. . le _{a)_The Lead or Responsible Agency,may,cagose.to.prepare,asupplement... ‘fo an EIR‘rat ert! an a subse oar Eini "Oe , OERAUER oo ~ (1) Any.of the conditions described in Section 15067 would require the sreparation of a subsequent EIR, and Co (2) Only minor additions or changes would be necessary to make the previ- ous EIR adequately apply to the project in the changedsituation. . (b) The supplementto the EIR need contain oaly the information necessary to makethe previous EIR adequate for the project as revised. (c) Asupplementto an EIRshall be given the same kind of notice and public reviewas is given to a draft EIR under Section 15085 (d). (d) Asupplementto an EIRmaybe circulated byitself without recirculating the previous draft or final EIR. (e) When the agency decides whether to approve the project, the decision making body shall consider the previous EIR es revised by the supplemental EIR. A finding under Section 15088 shall be made for each significant effect shownin the previous EIRas revised. 7 Co cadens wp ttce Ele menads db reer epen NOTE: Authority cifed: Séotion21088, PiibliéResourcesCode.’Refercnce: Section 21168, ’ Public Resources Cede. ae ov section’filed’ ¥ bate beta od fl faa = > _ 4 + .. .4 . ai ial, ao ts . . ae t eeceor The. Lead Agency may employ a single EIR to describe more stoject, if such projects are essentially the same in terms of environmental “ypact, Further,the Lead Agency mayuse an earlier EIR repared in connec- “on with an earlier project to apply to a later project, if the circumstances of “he projects are essentially the same. Lead Agencies may elect to write EIRs in advance for entire programs or regulations, in order to be prepared fer ~roject applications to come. Whenever an agency chooses to utilize any of hese alternatives, however, it must find that the environmental eifects of the projects are similar enough to warrant the same treatment in an EIR and that “he EIR will adequately cover the impacts of any single project. If these tests are not met, an agency should supplement the EER it prepares for a program to apply it to an individual project. . SISTORY: 1. Amendment filed 12-14-78 as an emergency; effective upon Alling. Certificate of Compliance included (Register 75, No. 50), - &. Amendment filed 1-S-75; designated cffective 41-75 (Register 75, No.1). Exh. 8, p. 7 oats {ok Ln Register 8&3, No. 29-B, “¢(Register 83, No. 297-1683) oe State of California California Administrative Code Supplement Register. 83, No. 29-B (July 16, 1983) Amendments and Additions to Rules and Regulations of |! Tithe 14. _ Department of Conservation Tithe 14. Resources Agency . | Published by, OFFICE OF ADMINISTRATIVE LAW Distributedby State of California DOCUMENTS SECTION P.O, Box 1015 North Highlands, CA 95660 Exh. 8, p. 8 __ © "REVISION RECORD FORREGISTER 83, No. 26-B oy Gully 16, 1983) |) EI. TLE-14.NATURAL RESOURCES © "+ SDUIVBION 6. RESOURCES AGENCY a | Thispart .of Register 83, No. 29, contains all the additions, * amendments, and repeals affecting the above-entitled portion of the ’. California Administrative Code which were filed withthe Secretary of . . 2 - State from7-9-83, to and including 7-16-83. The latest prior register - 1s,containing regulationsof the above agencyis Register 82,No.2 (1-9-82). It is suggested that the section numberslisted below as well as the *' page numbers be checked wheninserting this material in the code and - *" pemoving the superseded ‘material. Incase of doubt rely upon the section numbers rather ‘than the page numbers since the section . humbers. must. run consecutively. It is further suggested that __--." superseded material-beretained with this revision record sheet so that - “22. the priorwording of any section can be easily ascertained. eee SECTION CHANGES - Unless otherwise noted, the sections listed below are amended 15000-15002 » oe |». 15003-15007Added oy - Article 2 (Sections 15005 and 15006) Repealed’ Article 2 (Sections 15020-15025) Added Article 3-(Sections 15010-15016) Repealed . . - Article 3 (Sections 15040-15045) Added Article 4 (Sections 15020-15043) Repealed Article4 (Sections 15050-15053) Added Article 5 (Sections 15050-15055) Repealed . Article.5.(Sections 15060-15065) Added ty... + Article 6 (Sections 15060-15069.8) Repealed Tt a ..+ “Apticle 6 (Sections 15070-15075)Added ON ‘Article 6.5 (Sections 15070-15079.7) Repealed ..,. Article 7 (Sections 15080-15089) Repealed (, Article 7 (Sections 15080-15096) Added « Article 8 (Sections 15100-15129) Renumbered/Amended Article 8 (Sections 15100-15112) Added , _ Article 9 (Sections 15140-15151) Repealed Article 9 (Sections 15120-15132) Added Article 10 (Sections 15160-15167) Repealed Article 10 (Sections 15140-15153) Added " Article 11 (Section 15180) Repealed Article 11 (Sections 15160-15170) Added Article 12 (Sections 15190-15193) Repealed Article 12 (Sections 15160-15185) Added Article 13 (Sections 15200-15203) Repealed ~ te - (Over) _ (Precedes page 285,Title 14) Exh. 8, p. 9 _ Article 18 (Sections 15200-15209) Added _ Article 14 (Sections 15220-15228) Added . . Article 15 (Sections 15230-15233) Added Article.16 (Section 15240) Added Article 17 (Sections 15250-15253) Added . Article 18(Sections 15260-15277 Added Article 19 (Sections 15300-15329). Added Article 20 (Sections 15350-15387 -Added Appendix K Added it ~ ¥ eo ey ; OO, PLEASE NOTE Sit A new,simple style for the ‘California Administ rative Code is’ Being . | | implemented to cut both printing time and expense. We hop= you ar e pleased with the new format which you willnotice. in the attached amendm ents. PAGE CHANGES| ae - Remove . ' inserts; Old Pages 7 ‘Attached Pages . 929,1-322.14 322.1-322.62 ~—-829.14,.1-322.14,2 ————— 929.15-322.30 ——— oo. 322.30.1-322.30.2. ———— , . §22,.31-322.42 ee 32.2.42.1-322.42.2 | —_ ————— $22.43-322.46 - —— . 323-324 323-324 B941-30414 — 824,J-324.18 Exh. 8, p. 10 ates - initial study to documenta findingthat a later projectwill not haveasignificant - later project 15160. General. oe the guidelines to-meet the’needs of other circumstances. Ail ElRs must meet oo eecNew Article 11 (Section 15180) filed 12-14-73 as an emergency;effective uponfiling. Certificate ofCompliance included (Register 73, No. 50). 83 (Register 83, No. 29). ; 15161 Project EIR, — oo / .'.. The;rhostcornmon.type ofEIR examines theenk ° spenific development project. This type of EIR shoultt’t pt - changes in the environmentthat would result from the developmentproject. —=°(1) Subsequent changes are proposed in the project which will require im- FSR or negative declaration.on the project; TITLE 14 /. RESOURCES AGENCY § 15162 (Register 83, No. 29—7-16-83) - . (p. 322.13) (A) Consider the information in the EIR including comments received dur- ing the review period and responses to those comments, (B) Decideeitheronits own or on a staffrecommendation whether the EIR is adequate for the projectat hand, and - (C) Make or require certification to be made as described in Section 15090. (D) Make findings as provided in Sections 15091 and 15093 as necessary. (5) After making a decision on the project, the lead agency shall file a notice of determination. (c) An EIR prepared for an earlier project may also beused as part of an effect. {n this-situation a negative.declaration will be prepared. . (d) .An EIR‘prepared for an earlier projectshall not be used as theEIRfor ) if any of the conditions describedin Section15162 wouldrequire . ar sa ypes.of.BERS,..i5sitio, aS eae9 BG This article describes‘a number of examples of variations in EIRs as the documents are tailored to differentsituations and intended uses. These varia- tions are not exclusive.Lead agencies may use othervariations consistent with the content requirementsdiscussed in Article 9 beginning with Section15120. NOTE:Authority cited: Sections 21083 and.21087, Public Resources Code. Reference: . Sections21061, 21100 and 21151, Public Resources Code. HISTORY:. oe Q. Repealer of ArticleII: (Section 15180)and new Article 11 (Sections 15160-15170 ) filed 7-13-83; effective thirtieth day thereafter (Register 83, No.29). 3. Editorial correction of 7-13-83 order redesignatingeffective date to &1-83 filed 7-14- * efs bpge@etce el Se a, The EIR shall examineall phases of theproject including planning, construc- tion, and operation. | NOTE: Authority cited: Sections 21083 and21087, Public Resources Code. Reference: Sections 21061, 21100 and 21151, Public Resources Code. , 15162, Subsequent EIR. . (a). Where an EIR or negative declaration hasbeen prepared, no additional EIR need be prepared unless: -portantrevisions of the previous EIR or negativedeclaration dueto the involve- “mentof new significant environmental impacts not considered in a previous “~ (9) Substantial changes occur with respect to the circumstances under which the project is un ertaken, such as a substantial deterioration in the air quality where the project will be located, which will require importantrevi- sions irithe previous EIR or negative declarationdueto the involvement ofnew significant environmental impacts not covered in a previous EIR or negative declaration; or Exh. 8, p. 11 vowe.* 1 §15163 _ RESOURCES AGENCY TITLE 14 (p. 322.14) . (Register £3, No. 2-7-1683) eg 5(3) New informationofsubstantial importanceto the pr oject becomes avail- a able, a ani (A) The information was not known and could not ha ve been known atthe timetheprevious EIRwas certified as complete or the negat ive declaration was ado’ an Ce ; ) The new information shows any of-the follow ing: i The roject will have one or more significantéffects not dis cussed previ- ously in the EIR; oo ng 9 Significant effects previously examined willbe'sub stantially more severe than shownin the EIR; B a _.. 3, Mitigation measures or alternatives previously fou nd not to be feasible — . .wouldinfe be feasible.andwould substantiallyr¢ duce o ne ormoresignificant ore ‘y ]my . has‘not yet been approved,thelead’ gency’shall‘prep are’or: causetobe pared the subsequent EIR before approving the project. .- (c) If the project was approved prior to the occurrence of the conditions described in Subsection (a), thesubsequent EIR shallbepr epared by thepublic agency which grants the next discretionary approval fo r the.project. In this situation no other responsible agency shall grant an appr ovalfor the project until the subsequent EIR hasbeen completed. = oN as NOTE: Authority cited: Sections 21083 and 21087, Public Res ources Code, Reference: > . ne Section 21166, Public Resources Code. 7 CO . vo 15163. Supplementto an EIR. . e e _ - 4a) Thelead-or responsible agency may chooseto p repare a supplementto ‘an EIR rather than a subsequent EIRif o e (1) Any of the conditions described in Section 15162 wou ld require the prevarationof a subsequent EIR, and —_ n : (2) Only minor additions or changeswould be neces sary to makethe previ- ous EIR adequately apply to the project in the changed si tuation. «si , ‘(b) The supplementto the EIR need contain only the informationn ecessary to make the previous EIR adequate for the project as revised: ) e (c) Asupplermentto an EIR s ‘begiven the samekindofnotice a nd public 7 reviewas is given to a draft EIR under Section15 08), (d) Asupplementto an EIR may becirculated byitself without recircula ting the previous draft or final EIR. Lo (e) When the agency decides whether to approve the project, th e decision- making body shall consider the previous EIR as revised by the supplemental EIR. A finding under Section 15091 shall be made for each signif icant effect shown in the previous EIR as revised. . NOTE:Authority cited: Sections 21083 and 21087, Public R esources Code, Reference: Section 21166, Public Resources Code. ; 15164. Addendum to an EIR. bo - {a)’ The lead-agency ora responsible agency shall prepare an a ddendum to ‘£1) Noneof the conditions deseribed in Section 15162 calling for preparation of a subsequent EIR have occurred; . “a (2) Only minortechnical changesor additions are necessary to m ake the EIR under consideration adequate under CEQA; and Exh. 8, p. 12 TITLEce § 15153 BARCLAYS CALIFORNIACODE OFREGULATIONS Title 14 antined. ThelaterEIR shouldstatethattheleadagencyisusingthe Hering concept and that the BIR is being tiered with the earlier BR. Nore: Authority cited: Sections21083 ant25087,PublioResourcesCode. Ref er- ence: Seotions 21003, 21061, 21100 and 23151, Public Resources Code. $15153. Use of an EIR from an Earller Project. (a) The lead agency may employ a aingle EIR to describe more than one project, {fsuch projects are essentiallythe same in terms of environ- mental impeoct. Further, the lead agencymayvee an earlierBIRprepared in connection with abeatlier project to apply to a laterproject, ifthe cir cumstances of the projects are essentiallythe same. : {b) Whenleadagency proposes touse.an BIRfrom an earlier project as theEIR for a separate, later project, the lead agency shall use the fol lowing procedures: a) "The lead agency shall review the proposed project with an initial study,usingincorporationbyreferenceifnecessary, todetermine w heth- er the BIR would adequately describe: (A) The general environmental setting oftheproject, (B) The significant environmental impacts of the project, and (C) Altematives and mitigation measures telated to each significant effect. (2) If the lead agency believes that the EIR would meet the require- mentsofSubsection (1), itshallprovidepublisreview asprovidedin Sec- tion 15087 stating thal it plans to use the previously preparedBIR as the draft EIR for this project. The notice shall inchide as a miniowm: (A) An identification ofthe project with » brief description; (B) A statement thatthe agencyplans tousea certainEIR preparedfor a previous project astheBIR for this project, (C) Alistingofplaces wherecopies oftheFIRmay be examined; and (D) A statementthatthe keyissuer involving theBIR are whetherthe BIR shouldbe used for thisproject and whether there are any additional, yeasonablealternatives ofmitigationmeasuresthatshouldbeconsidered as waysof avoiding or reducing the significant effects of the project. (3) Theleadagencyshallprepareresponsesto commentsreceived d ur- ing the review poriod, oO a (4) Beforeapprovingtheproject,thedecisionmaker inthejeadagency shal}; (A)Consider the informationinthe BIRincludingcommentsreceived during the review period and responses to those comments, (B)Decide eitheron itsownor onastaffrecommendation whether the BIR is adequate for the project at hand, and oo (C) Makeor require certification to be made as described in Section 15090, (D) Make findings a» provided in Sections 1509] and 15093 as neces- sary. (5) After making2 decision.on the project, the lead agency shall file a notice of determination. (c) An BIR prepared for an earlier project mayalso be used:as partof an initial study to documenta findingthat 2 later project will nothave a significant effect.Jnthis sitmationanegativedeclaration willbeprepared. (a) An EIR prepared for an earlier project shallnotbeused as the EIR for a later project if any of the conditions described in Section 15162 wouldrequire preparation of a subsequentor supplemental EIR, NOTE: Authoritycited: Seotions 21083 and271087,PablicResources Code. Refer: ence: Sections 25100, 21151 and 21166, Public Resources Code, . Article 11. Typesof EIRs § 15160, General. This article describes a number of examples of variations in BIRs a9 the documents are tailored to different situations and intended uses. These variations aye not exclusive,Lead agencies may use other varia- tions consistent with the guidelines to meet the needs ofother circum: stances, All BIRs must meetthe content requirements discussed in Ar- ticle 9:begining with Section 15120. Page 684 ence: Sections 21061, 21100 and 21151, Public Resources Code, 1. New Astiole 11 60) filed 2» New Asti (Section 15} 1 -14-73 0s an om , Cffeotive upon filing. Certificate ofCompliance inclnded (RegisterNo,50). 2, Repesler of Article 11 (Section 15180) and new Article 11 (Sections {5i6p15170) filed 7-13-83; effective thirtioth day thereafter (Register 83, 4, Ediorial correction of7-13-83 order redesienating effective dat filed I-1483 (Register83,No.29), date to B-1-83 §15161. Project EIR. ‘The most cominon type ofBIR examines the environmental ofa specific developmentproject. Thistype ofBIRshouldfocus primasi- lyon the changes in the environmentthat wouldresultfrom the develop- nient project. The BIR shall exanzine all phases of the project including ‘planning, construction, and operation. Nore: Authoritycited: Seotions 2/083 and23087,PublicResources Code,Refer- ence; Sections 23061, 21$00 and 21151, Public Resourcas Code, . § 15162. Subsequent ElRs and Negative Declarations. (a) When an EIR has been certified or a negative declaration adopted fora project, no subsequentEIR shallbeprepared forthat projeotunless the lead agencydetermines, on the basis of substantial evidence in the light of the whole record, one ormore ofthe following: (1) Substantial changesare proposed inthe project which willrequire major revisions ofthe previous BIRornegativedeclaration dustothein- volvement ofnew significant environmental effects or a substantial in- ’ crease in-the severity of previously identified significant effects; (2) Substantial changes occurwith respect to the circumstances under which the project is undertakenwhich will require majorrevisions ofthe previousEIR ornegative declaration due to the involvement ofnew sig- nificant environmental effects or a substantial increase in the severityof previously identifiedsignificant effects; or (3)New informationof substantial importance, which waspotknown and couldnothavebeenknown with the exercise ofreasonablediligence at thetime theprevious BIRwas certifiedascompleteorthenegativedeo- Jaration was adopted, shows any ofthe following: (A) The project will have one ormore significantefiectsnotdisoussed _ in the previous EIR or negative declaration; ~ (B) Significanteffects previously examined willbe substantiallymore severe than shown in the previous EIR; (C) Mitigationmeasures oraltemativespreviouslyfoundnottobe fea- sible wonld infactbefeasible andwould substantiallyreduce onecrmore — - significant effects of the project, butthe projectproponents deolme to adoptthe mitigation measure or altemative;or (D) Mitigationmensures oralternatives which areconsiderablydiffer- " ent from those analyzed in the previous BIRwould substantially reduce oneormore significanteffectsonthe environment,buttheprojectpropo- nents-decline to adopt the mitigation measure or altemative, (b) Ifchanges io aprojector its ciroumstances ocour ornew informa- tionbecomesavailable after adoption of anegative declaration, thelead agency shall prepare a subsequentEIR ifrequired under subsection (2), Otherwise the lead agency sball determine whether to prepare a subse- quentnegative declaration, an addendum, orno further documentation. (c) ¥fthe projectwas approvedpriorto theoccurrence oftheconditions described im Subsection (a), the subsequent EIR or negative deolaration shall be preparedby the public agency which grants the next discretion- aryapprovalfar the project. In this situationno otherresponsible agency . shall grantan approval for the projectuntil the subsequentEIR has been: ” certified or subsequent negative declaration adopted, (2) A subsequentEIR orsubsequentnegative declaration shall be giv. . en the same notice and public review as required under Section 15087 or Section 15072. A subsequent BIR or negative declaration shall stato where the previons documentis available and oan be reyiowed. Nore: Authoritycited: Sections 2/083 and21087,PublioResources Cade: Refer- | ence: Section 21166, Public Resources Code; Bowman y. City ofPeraluma, 185 Cc ,3d 1065 (1986); and Benton v, Board ofSupervisors, 226 'SBS Cee» evr al Register 94, Nes. 33-34 8-26-04 Exh. 8, p. 14 ity clted: Sections 21083 and 21087,Public ResourcesCode.Refer- Title 14 History 1. Amendment of section heading, text and Note filed B-19-94; operative - 9-19-94 Register 94, No. 33). . § 15163. Supplement to an EIR. (a) The Jead or responsible ageacy may choose to prepare a supple-. ment to an BIR rather iban a subsequent BIR if: (1)Anyoftheconditions desoribed inSeotion 15162 wouldsequirethe preparation of a subsequent BIR, and (2) Onlyminor additions or changes would be necessary to make the. previous EIR adequstely apply to the projectin the changed situation. (b) The supplementtothe EIR need containonly the informationneo- essary to make the previous BIR adequate forthe project as revised, {0} A supplementtoanEIR shall be given the same kindofnotice and publio review as is given to a draft EIR under Seotion 15087, (d) Asupplementto anZikmaybeclroulatedbyitselfwithoutrecircv- Jating the previous draft or final BIR. (e) When the agency decides whether to approve theproject, the deci- ston-making body shell consider the previous BIR as revisedby the supplementalBIR.Afindingundes Section 15091 sballbemade foreach significant effect shown in the previous EIR 2s revised. Nore Authoritycited: Sections21083 and21087,PublicResourcesCode, Refer- ence: Section 21166, Public Resources Code, 15164, Addendum to an EIR or NegativeDeclaration. (a)Thelead agency craresponsibleagencyshallprepareanaddendum . toa previouslycertifiedBIR if some changes oradditions are necessa ry. butnoneoftheconilitionsdescribedin Section 15162callingfor prepara- tion of a subsequentBIKhave occurred. (b) Anaddendum to en adopted negativedeclarationmaybe prepared - ifonly minor technical changes or additions are necessary, (c) An addendumneed notbe circulated for public review but can be. included in or attached to the final BIR or adoptednegative declaration. (d) Thedecision-making bodyshall considerthe addendum with the final BIR ot adoptednegative declaration prior to making 8.decision on the project. (e) Abriefexplanation ofthe decisionnotto preparea subsequentEIR . pursuantio Section 15162 shouldbeincludedin an addendumto anki, _ ‘the Jeadagency'srequiredfindings on the project, or elsewhere in the re- _ cord, The explanstion mustbe supported bysubstantial evidence. Nore: Authorityclted: Sections21085 and21087,PublicResourcesCode, Refer- ence: Section 21166, Public Resources Code; Bowman v. City ofPetaluma, 185 Seo 1065 (1984); andBenton v. Board ofSupervisors, 226 CaLApp.3d 1467 (1991), , : - ‘History ; 1, Armendmentof section heading, tex! and Note filed 8-19-94; op erative 9-19-94 (Register $4, No. 33). i § 15165, Multtple and Phased Projecte. = Where individualprojectsare, or a phased project is, tobeundertaken andwherethetotalundertakingcomprisesa projectwith significanteavi- ronmental effect, the lead agency shall preparo a single programEIR for the ultimate project as described in Section 15168, Where an individual project is necessaryprecedentfor action ona larger project, or commits the lead agencyto a largerproject, with significant environmental effect, . an EIR mustaddress itzelf to the scope ofthe larger project. Where one project is one of several similar projects of a public agency, but is not deemed a partofa largerundertakingor a Larger project, the ageacymay prepare oneEIR for all projects, oroneforeach project,but shall in either case commentupon the curaulative effect. . Note: Authority cited: Sections 21083and 21087,PublicResourcesCode, Refer- cnee: Sections 21061, 21100 and 21151, Public Resources Code; Whitma n ¥. Board ofSupervisors, 88 Cal. App. 3d 397 (1979), $ 15166, EIR As Part of a General Pian. (a) Therequirements for preparing anEIRon 2 loca} general plan, ele- ment, of amendmentthereof will be satisfied by using the general plan, or element document, as the EIR andno separate EIR will be required, if, m Page 684.1 Resources Agency __§ 25168 ()the general plan addresses all the points required to be in an EIR by Article 9 of these guidelines and (2 thedocumentcontainsa special sectionoracover sheet identifying where the genoral plan document addresses each of the points required. 0)WhereanBIRratherthan anogativedeclarationhasbeen prepared for a general plan, element, or amendment thereto, the EIR shall be for- worded totheState Clearinghouse forreview,Therequirement shall ap- ply regardless of whether the BIR is prepared as a separate document or asa part ofthe generalplan orelement document, Nor: Authority clted: Sections21083 and21087,PublicResources Code.Refer: ence;Sections21003,21061,23083,21100, 2:1 104,21151 and23 152,PublicRe- sources Code, . ' § 15167. Staged EIR. (a)Where a largecapital project willrequireanumberofdiscretionary approvals from governmentagencies andonsofthe approvals willocour more than twoyears before construction willbegin, a stagedBIRmaybe prepared covering the entire project in a general form. The staged EIR shall evaluatetheproposalin lightofcurrentandcontemplatedplans and produce an informedestimate ofthe environmental consequeaces ofthe entire project. The aspectofthe projectbefore the public agency forap- proval shall be discussed with a greater degree of specificity. 7 (b)Whena staged BIR has beea prepared, a supplement to theBIR shallbepreparedwhena laterapproval is requiredfortheproject,andthe information available atthetime ofthe later approval wouldpermitcon- sideration ofadditional envircomental impacts, mitigation measures, or reasonable allernatives to the project. (o) Where a statute such as the Warren~Alquist Bnergy Resources Conservation and DevelopmentActprovides thata specific agencyshal! be the lead agency for a project and requires the lead agencyto prepare anBIR, aresponsible agencywhich mustgrantanapproval fortheproject before the lead agencyhas completedthe EIRmayprepare andconsider a staged EIR, : ; __ () Anageacyrequestedto prepare a staged BIR maydecline toact as ‘the lead agency if it determines, amongother factors, that: - : (1) Another agency wouldbe the appropriate lead agency; and (2) There is no compellingneed to prepare a staged BIR and grantan approval for the project before the appropriate lead agency will take its action on the project, ae ; . Nore: Authority cited: Sections21083 and 21087, PublicResources Code.Refer- ence: Section 21003, PublicResources Code, . $ 15168, Program EIR. (a) General, AprogramBIR is an EJR which maybe prepared on ase- ries of actions that can be characterized as one large project and are re- lated either: , (1) Geographically, (2) As logical parts in the chain of contemplated actions, : (3) In comiection withissuance of rules, regulations, plans, or other general criteria to govem the conduotof a continuing program, or (4Asindividualactivitiescarriedoutunder the sameauthorizing stat- "tory orregulatory authority andbavinggenerally similarenvironmental effects which canbe mitigated in shmilar ways, (b) Advantages. Use ofa programEIR can provide the following ad- vantages. The program BIR can; (1) Provide anoccasion fora moreexhaustive consideration ofoffects audaltenatives thin wouldbepractical inanBIRonan individual action, (2) Basure consideration of cumulative impantsthatmightbeslighted in a case-by-case analysis, ot , (3) Avoid duplicative reconsideration.ofbasic policy considerations, (4) Allow the Jead agency to consider broad policy alternatives and program wide mitigation measures al an-varlytime when the agencyhas greaterflexibility to deal with basic problems or cumulative impacts, (5) Allow reduction im paperwork. (c) Use With Later Activities, Subsequent activities in the program roustbe examined in thelight of the program EIR to determine whether an additional environmental document must be prepared, Register 94, Not, 33-34 8-16-94 Exh. 8, p. 15 - Wo. 19 wee "Published|by.” a‘sain Francisco,’ y _ 80088E- 000 UBLISHERS . : asirest : Kewie‘ ction fled 5-27-97;Gperative,$-2-91 puriuanta CveramentCade _ Section.1343.a):CogeeemeNo.22). : - N . ON‘Anite14:Typesof1EIRS neal 15 Gen " ‘ty,"Soageatedesamavationin EIRs as: the documents. died 10 different situafions, end, intended. us es, ‘These v are not exclusive. Leadagenciesmay use other vari a: * tions‘codsistent with ‘the guidelines to meet the needs of othercitcuth-. stances.Alt BBs.oust meet thecontent requirements'¢discunsed§in Ar: ticle-9 beginning‘with Section’15120.: .- NOTE: Authoritycited: Sectiols 21083 and 31087,PublicRésouices Co de.Refer. ence; Sections 21061,"21100-and.21151; PubliResourcesCode. w e 7 a _ | History |: : 1.New ‘Articls re (sein1. 5180) ‘filed 12-1d-75esan emergency;, effective , Speefiling. Certificate. off Compliance inclnded (Register73,Na,--50).:' 1. Repealer of Articlé 11(Séction 15180) and‘new!‘Article 11 (Sesion 15h 60-15170) filed713-83},ofiective thartioth daytherea fter’ Reeser83,' : No, '29), 3, EdiaxialcOiwéctionof7-13-83 oreningeftatve date,1o41 -83" ‘Bled Inl4-Ha Repster83,.No. 2A. ’ o #1 5161.“Project |EIR... ' : The mostcommon type, of EIR examines’thescavironmeota'impacis -ofa specificdevel opmpmfect.This type ofEIR shouldfocusprimari- Jy onthechanges in thephvironment that wouldresult-fromthe develop:|” ment, project:The EIRshail examine:allaasta theProject includ ing. planning.construction, and ‘operation., Nove: Aashoriycited: Sections 21083 and 01087Public, ‘Res ouross.ss Cae ens:“Sections 71063 ; ‘21100 and:21 151,, Public’Resourves Cod e: VG ayWbenan |EIRlias‘peen certified or anegative |deel* aratmai ppied fora.Project, no subsequent EIRshall-be-prepared forthat projec t unless, | the lead agency detetmines, on-the basis of‘substantial evidence’inthe , lightofthe ‘whole record; one ormareof the following: ”. “(h)Substantial chahgésare proposedinithe project which willrequire:; majorrevisions of the previousBIR ornigative declaration due tothe in- | volvement ‘of new.signifscant.einviroamebtaleffects or a substantialin-. crease in'the severity:‘of previously identified significant, effects; previous BIR orbegative declarationdue t o théinvolvement oftnewsig. . nificant enyitvamental-effects-ora substantialiinéroase‘gh severity of ‘ previously”identified significant:effects;OF" (3) New information of subéiiintie!importance whichwasbot‘aown:" and couldnothavebeea‘knownWithtlicexercise ofreasonablediligence; af thetime thepisviousBIRw: gui fediscompletecrthenegative dec-” " jaration was,adopted;show? isofthefallowing! ‘ (A)Theproject will have:nosir nite significant effetsnotdiscussed . in the previous BIR or negative'déclatatton; - (B) Significanteffects.previgustyexeminedwibesistanthowe severshownieproviIR; “- _.. (C) Mitigationmeasistesoraltgimitivespreviouslyfoundnottbefea peewouldinfectbe feitsible, icant:offects ofthe;‘project,:but.theproject proponeiitsddecline to .: "adopt |eniethetaltigation Measure.‘otsiltemnative’ory": ‘ -,(D)Mitigationsuéasures.ordliémativeswhic haresonitiderablydiffer: 7“ent fromthoveaitalyzedtn he,previins:EIR-would.subsiantially téduce * sontlivenironrient,‘bytheproject Prop: 4 projectoritsdrcumstacesfoceur ornew. informa: ip font‘anegative¢declaration, thedead’ Fundersubsectiativa),, per wite the eeeease,eardccmecin- quent pepsivedclara,Bn:seen,“OFNO further documentation: “ tow,me eeBye : L “ -a "Page688,” ' Nore. AvithorityeedSéctions21083ond21087,Public Resources Code. Refer- ee 166, Public.Resources‘odesBowmen v. City ofPetaluma,185 . 1487.(1 §15163, “ Stipplement:‘to an EIA “ment to an ERR yather‘than’s:subsequent ERif.’ “preperation of'a ‘subsequent!EIR;-and: oc previous EIRadequately applytothe:‘project.in the chingedsituation. . ‘essaryto make the (CyA.supplement to an\'EIRshall be given the sare kind ofnotice’ and ° 315162. ‘Subsequent ‘BiRe‘and.NegativeDeclarations:ae“siopcima king body shall @ngider the: previous EIR 8 sovised ‘bythe. “Not: Alithority cited:Sections 21083 and21087, Public Resoures CleRefer ~enee: Section'21 166, PublicResources Code, - uo "§!15164. Addendum:toan EIR or NegativeDeclaration: . +(a)The lead agencyora:responsible agsncy shall prepareanaddendum “§.15165.- Multipie.and PhasedFrajeste: ~ oTa "Where individualprojects are, ord phased projectis, tbe“indertaken . oli (Asubequent subséqueiitnegative declatation shall begiv- en the same notice‘audpublicreview asrequired underSection 15087 or.” _ Section 15072. :A.subsequent. EIR or.negative declaration ‘shall.stale, ‘where theprevious,docymentis availableand ¢an bereviewed, ence: Section 2 Bonn19860 andBenton v. ‘BoardgSupervisors, 226 CalsApp.34, — Histon, ae th ‘Ainendnieat of section: sean, text and:‘NOTE.filed Risto, epeate 19-94 (Register 94, Nov 33). wok : (a) The lead or responsible.‘ABEDCY’maywy choito pipers asupple hyAny‘oftheconditions described in Section 1si8h wouldsequite the . (2);Onlyminor.additions ‘orchanges’would be necessary to make.‘the . _ {b) Thesupplement tothe EIRnesd containonly the information nec- previous EFBIR adequiite forthe pioject.as revised. - “public reviewasis given toa‘draft’EIR underSection 15087. L "(@)Asipplement to anEIR maybecinculatedbyiteelfwithoutrecircu- ~lating theprevious draftorfipal EER. " - (2) When theagency decides:whether’10 approve:tlie project,the deci- ~ supplementalEIR. A finding underSection15091shallbe madeforeach -significanreffectsho' wn m the prévious EIRasrevised. 7 iprojectnas’asiapprovedpriottotheooccurrence ofthe conditions co _ described,in. Subsetlion’(a),thesubsequent.EIRornegative declaration shallbe:preparedByrthe‘public agency which grants the next discretion- Ssary approvalforthe:project. In thissituationnootherresponsibleageacy ’ shal) grant’an,approvalfortheproject until thesubsequent EIR has been. - ".«” gettified or subsequedibtiegativedeclarationadopted, “to:4 previously'certifiedEIR if some changes’or aildiGons |arenecessary . || butnoneofthe conditions described in Sectton.Is !62 callipfOFPrepare _(2) SubstantialchangesSocutwith respecttottthecircunistances under:“tion:ofasubsequent E IRhave occured, which the. proyectiisundertaken'Which willrequire niajerrevisions of.the . ' ®) An addenduin toanadoptedriegafive.dediortion msmay.beprepared Af only’ minor technical’changes.or additions ‘ate’necessary. 7 “¢ cAn addendum’néed not becirculated for public review‘putcan be . oo “inghidedin or.nitached to thefinal. Eliradopted negativedeclardfpn, -(d)The ecision-making body shall consider the-addendumwith the .. meER o adopted negative declarationPriortomaking a decision on .. project, , . neAbriefexplanaon, ‘dis decijsionracksLto preparciasubsequentER "pursuantto Section 15162 should be included in an‘addendumto an EIR, the lead agency's. requitedfindingson the project, o. elseW herén the re- . / * cord. The:explanationmust:be supported:bysubstantial, evidence,. J NoteAuthority cited:‘Sections21083 and 24087,Public’Resources Code.-Refer- - ° - sence:, Section 24166, ~ Cal.App.3d1065 (1 986); pnd‘Benton ¥.Board. of Supervisors228 Cal.alsApP.ad : J wouldsubstantially teduce ¢Oneor.mp re 4467 (1991).. vas Public Resources Code; Bowman y, City ofPeiahima, 185 a History Soe . Lh Aniendmont, of seaiion,heading, 1text. and Note fea:819-94; operative : “9-19-94 (Register§m4, No, 33): andwhere the.total undertakingcomprisés a:project with:significantenvi-- “ronmental effect,’theJead agency shall prepare « single program EIR for - the-ultimateprojectasdescribed in Séetion 15168; Whert-anindividual” © . projectiisamecessary. precedentoraction.on a Jarger prpgeci, or commits ‘the leadagencytoadargetproject, with significant ¢environiental effect, an EIRmust address itself'to theseope ofthe’ largerproject. \Where|one a we ~Exh.ee 17. . Ragiter 97, Nb: 23: 5-30-97. an a Barclays Official CALIFORNIA CODE OF © REGULATIONS ‘Title 14. Natural Resources — Division 6. Resources Agency Vol. 19 THOMSON i WEST BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS 425 Market Street e Fourth Floor e San Francisco, CA 94105 800-888-3600 - Exh. 8, p. 18 § 15154 (A) Anidentification of the project with a brief description, (B) A statementthat the agency plansto use a certain EIR prepared for a previous project as the EIR for this project ; (C) A listing of places where copies of the EIR may be examined; and (D) A statementthat the key issues involv ing the EIR are whether the EIRshould be usedforthis project and whetherther e are any additional, reasonable alternatives or mitigation meas ures that should be considered as ways of avoiding or reducing the significant effects of the project. (3) The lead agency shall prepare responses to comments received during the review period. (4) Before approving the project. the decisionma kerin the lead agency shalt: . : (A) Considerthe informationin the BIR includ ing comments received during the review period and responses 10 those c omments. (B) Decide either on its own orona staff recom mendation whetherthe EIR is adequate for the project at hand. and a (C) Make or require certification to be made as described in Section 15090. (D) Makefindingsas providedin Sections 15091 and 15093as neces- sary. ; . (5) After making a decision.on the project. the lead agencyshall file a notice of determination. . (c) An EIR prepared foran earlier project may a lso be used as part of an initial study to document a finding that a later project will not have a significant effect. In this situation a negative d eclaration wil) be pre- pared. ; (d) An EIR prepared foranearlier project shall n ot be used as the EIR for a later project if any of the conditions desc ribed in Section 15162 would require preparation ofa subsequent or s upplemental EIR. NOTE: Authority cited: Section 24083, Public R esources Code. Reference: Sec- tions 21100, 21154 and 21166, Public Resou rces Code. " HISTORY 1. Change without regulatory effect amendi ng subsection (b)(2) and Nottfited J0-6-2005 pursuant to section 100,title 1, California Code of Regulations - - (Register 2005, No. 40). § 15154. Projects Near Airports. (a) When a lead agency prepares anEIR for a p roject within the bound- aries of a comprehensive airport landuse plan or, i fa comprehensive ait- port land use plan has not been adopted for a project within two nautical milesofa public airport or public use airport, the a gency shallutilize the Airport Land Use Planning Handbook published b y Caltrans‘ Division of Aeronautics to assist in the preparation ofthe EIR relative to potential airport-related safety hazards and noise prob lems, (b) A lead agency shall not adopt a negative de claration or.mitigated negative declaration for a preject described in subdi vision (a) unless the lead agency considers whetherthe project will resul t in a safety hazard or noise problem for persons using the airportor for personsresiding or working in the project area.’ NOTE: Authority cited: Section 21083, Public Res ources Cade. Reference: Sec- tion 21096,PublicResources Code. , History 1. New section filed 5-27-97; operative 5-27-97 purs uant to Government Code section 11343.4(d) (Register 97. No. 22). , 2. Change without regulatory effect amending sub section (b) and NOTE filed 10-6-2005 pursuant to section 100, title 1, C alifornia Code of Regulations (Register 1005, No. 40). Article 11. Types of ElRs § 15160, General. This article describes a number of examples of va riations in EIRs as the documents are tailored to different situatio ns and intended uses. These variations are not exclusive. Lead agencie s may use othervaria- tions consistent with the guidelines to meet the needs of other circum- stances. All EIRs must meet the content requirem ents discussed in Ar- ticle 9 beginning with Section 15120. . Page 696 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 14 NOTE: Authority cited: Section 21083, Public Resources Code. Reference: S ec- tions 21061, 21400 and 21151, Public Resources Code. HISTORY 1, New Article 11 (Section 15180) filed 12-14-73 as an emergency: effective uponfiling. Certificate of Compliance included (Register 73, No.50), 2. Repealer of Article 11 (Section 15180), and new Anticle 11 (Secti 1516015170) filed 7-13-83; effective thirticth day thereafter \Reginer83. 0. 29), , . 3, Editorial correction of 7-13-83 order redesignating effecti -83 fited 7-14-83 (Register 83, No. 39). nating effective date 10 8-1-8! 4, Change without regulatory effect amending Novi:filed 10-6-2005 rsuan' section 100,title 1, California Code of Regulations aRegister 2005."No. 4). § 15161. Project EIR. ‘The most commontype of EIR examines the environmental impacts ofa specific developmentproject. This type ofEIR should focus primari- ly on the changes in the environment that would result from the develop- ment project. The EIR shall examine all phases of the project including planning. construction, and operation. NOTE: Authority cited: Section 21083, Public Resources Code, Reft ; Sev- tions 23061, 21100 and 21151. Public Resources Code.- a“ Chan HISTORY — 1. ee without regulatory effect amending Nortfiled 10-64-2005 section 100, title 1, California Code of. Regulations (Register 2005"No.40). § 15162. Subsequent ElRs and Negative Deciarations. (a) When an EIR has been certified ora negative declaration adopted for a project. no subsequent EIR shall be prepared forthat project unless the lead agency determines, on the basis of substantial evidence in the lightof the whole record, one or more ofthe following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration dueto the in- volvementof-new significant environmentaleffects or a substantial in- crease in the severity of previously identifiedsignificant effects: (2) Substantial changes occur with respect to the circumstances under whichtheproject is undertaken which will require major revisions ofthe previous EIR or negative declaration due to the involvementofnew sig- “nificant environmental effects or a substantial increase in the severityof - previously identified significant effects; or (3) New informationof substantial importance, which was not known and could not have been known with the exercise ofreasonablediligence at the time the previous EIR was certifiedas complete orthe negative dec- laration was adopted, shows any ofthe following: . (A)Theproject will have oneor moresignificanteffects not discussed - jn the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR: (C) Mitigation measures or alternatives previously found notto be fea- sible would in fact be feasible and would substantially reduce one or more significanteffects of the project. but the project proponentsdecline 10 adopt the mitigation measure or alternative: or : _ (D) Mitigation measuresor alternatives which are considerably differ- ent from those analyzedin the previous EIR would substantially reduce one or more significanteffects on the environment,but the project propo- nents decline toadopt the mitigation measure oralternative. (b) If changes toa projectorits circumstances occur or new informa- - tion becomesavailable after adoption of a negative declaration, the lead ‘agencyshall prepare a subsequent EIR if required under subdivision(a). Otherwise the lead agency shall determine whether to prepare a subse- quent negative declaration, an addendum,or no further documentation. (c) Once a project has been approved,the lead agency's role:in project approvalis completed.unless further discretionary approval on that proj- ect is required. Information appearing after an approval does not require reopeningofthat approval. Ifafter the project is approved.any ofthe con- ditions described in subdivision (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approvalfor the project. if any.In this situation no oth- er responsible agencyshall grant an approval for the project until the sub- sequent EIR has been certified or subsequent negative declaration adopted. Register 2005, No. 40; 10-7—2005 Exh. 8, p. 19 Title .14 ‘(d) A subsequent EIR or subsequent negative declaration shal l be giv- en thy same notice and public review os required under Section {5087 or Section 15072. A subsequent EIR or negative declaration shall state where the previous documentis available and can be reviewed. NOTE: Authority cited: Section 21083, Public Resources Code. Reference:Sec - tion 21166, Public Resources Code: Bowman v. City of Petaluma (1986 ) 185 Cal.App.ad 1065: Benton v, Bourd ofSupervisors ( 1991) 226 Cal.App.ad 1467; and Fort Mojave Indian Tribe v. California Departnent ofHealth Services etal . (1995) 38 Cal.App.4th 1574. , HisToRY 1. Amendment of section heading, text and NoTE filed 8-19-94; operati ve 9-19-94 (Register 94, No. 33). 2, Amendmentof subsection (¢) and NoTifiled 10-26-98; operative 10-26-98 pursuant. to Public Resources Code section 21087 (Register 98, No. 44). 3. Change without regulatory effect amending subsections (b)-(c) and Nori: filed 10-6-2005: pursuant to section 100. title 1. California Code of Regulations (Register 2005, No. 40). : . § 15163. Supplementtoan EIR. (a) The lead or responsible agency may choose to prepare a supple- ment to an EIR rather than a subsequent EIR if: (1) Any ofthe conditionsdescribed in Section 15 162. would require the preparation of a subsequent EIR, and (2) Only minor additions or changes would be necessary to make the previous EIR adequately applyto the project in the changed situation. (b) The supplementto the EIR need contain only the information nec- essary to make the previous EIR adequate for the project as revised. (c) A supplement.to an EIR shall be given the samekind of notice and public review as is-given to a draft BIR under Section 15087. (d) A supplementto an EIR maybe circulated byitselfwithout recitcu- Jaling the previous.draft or final EIR. (e) When the agency decides whether to approve the project, the deci- sion-making body shall consider the previous EIR as revised by.the supplemental EIR. A finding under Section 15091 shali be made foreach significant effect shownin.the previous EIR as revised. . NOTE: Authority cited: Section 21083, Public Resources Code. Reference: Sec- tion 21166, Public Resources Code. . : : . HIsTORY L. Change without regulatory effect amending Note. filed 1-6-2005 Pursuant to section 100, title 1, California Code of Regulations (Register 2005. No. 40). § 15164. Addendum to an EIR or Negative Deciaration. (a) The lead agency or a responsible agency shall prepare an adden- dum toa previously certified EIR ifsome changesor additions are neces- -sary but none ofthe conditions described in Section 15162 calling for preparation ofa subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minortechnical changesor additions are necessary or noneofthe conditions described in Section 15162 calling for the preparation of a ~ subsequent EIR or negativedeclaration have occurred. (c) An addendum need notbecirculated for public review but can he includedin or attached to the final EIR or adopied negative declaration. (d) The decision—making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. oe . _ (¢) A briefexplanationofthe decision not to prepare a subsequent EIR pursuantto Section 15162 should be included in an addendum toan EIR. the lead agency's required findings on the project,or elsewhere in the re- cord, The explanation must be supported hy substantial evidence. Nore: Authority cited: Section 24083, Public Resources Code. Reference: Se e- tion 21166, Public Resources’Code: Bowman v. City af Petaluma (1986) 185 Cal.App.3d 1065: and Benton v. Board of Supervisors (1991) 226 Cal.App. 3d 1467. . History 1. Amendment of section heading, text and Notefiled 8-19-94: operative - 9-19-94 (Register 94. No. 33). 2, Amendment of subection (b) and Notefiled 10-26-98; oper ative 10-26-98 pursuant to Public Resources Code section 2 1087 (Register 98, No, 44). 3, Change without regulatory effect amending Notefiled 10-6-2005 pursuant to section 100. title |. California Code of Regulations (Register 2005, No. 4 0). Page 697 ResourcesAgency § 15167 § 15165. Multiple and Phased Projects. Where individual projects are, or a phased projectis. to be undertaken and where the total undertaking comprises a project with significant en- vironmental effect. the lead agency shall prepare a single program EIR for the ultimate project as described in Section 15168. Where an individ- ual projectis a necessary precedentfor action on a larger project. or com- mits the lead agency toa larger project. with significant environmental effect, anEIR must addressitself'to the scope ofthelargerproject. Where oneprojectis one ofseveral similar projects of a public agency,but is not deemed a.pari ofa larger undertakingor a larger project. the agency may prepare one EIR forall projects. or one for each project. but shall incither case comment upon the cumulative effect. NOTE: Authority cited: Section 21083, Public Resources Code. Reference: See- tions21061, 21100 and 20151, Public Resources Code: Whitman v. Board ofSu- pervisors.88 Cal, App. 3d 397 (1979), oF History . 1, Change without regulatory effect amending Nomi:filed 10-6-2005 pursuantto section 100. tite L-California Code of Regulations (Register 2005. No. 40). § 15166. EIR As Part of a General Pian. (a) The requirementsfor preparing an EIR ona local general plan, cle- ment. or amendment thereof will be satisfied by using the: general plan. orelement document, as the EIR and no separate EIR will be required. if: . — ' (1) the general plan addresses all the points required to be in an EIR by Article 9ofthese guidelines and (2) thédocumentcontainsa specialsectionora coversheet identitying where the general plandocument addresses each of the points required, (b). Where an EIRratherthan a negative declaration has been prepared for.a general plan, element. or amendment thereto. theEIR shall be for- warded to the State Clearinghouse for review, The requirement shall ap- ply regardless of whether the EIRis prepared as a separate document or as a part of the generat plan or element document. NOTE: Authority cited: Section 21083, Public Resources Code. Reference: See- tions21003. ZHO6L, 21083. 21100, 21104, 21151 and 20182. Public Resources ae, , : HISTORY ; 1, Change without regulatory effect amending Norfiled | 0-6-2005 pursuant to section 100. title 1, California Code of Regulations (Register 2005, No. 40). § 15167. Staged EIR. , (a)Where a large capital project will require a numberofdiscretionary approvals from government agencies and oneofthe approvals will occur more than two years before construction will begin, a staged EIR may be prepared covering the entire project in a general form. The staged EIR shall evaluate the proposal in light ofcurrent and contemplated plans and produce an informed estimate ofthe environmental consequences ofthe entire project. The aspect of the project before the public agency for ap- -proval shall be discussed with a greater degree of specificity. (b) When a staged EIR has been prepared, a supplement to the EIR shall be prepared when a later approval is required for the project. and the information available at the timeof the later approval would permil con- sideration of additional environmental impacts, mitigation measures. or reasonable alternatives to the project. (¢) Where a statute such as the Warren-Alquist Energy Resources Conservation and Development Act provides that a specilic agency shall be the lead agency for a project and requires the lead agency o prepare an EIR, aresponsible agency which must grant an approvalforthe project before the Jead agency has-completed the EIR may prepare and consider a staged EIR, (d) An agency requested to prepare a staged EIR maydeclineto act as the lead agency ifit determines. among other factors, that: (1) Another agency would be the appropriate lead agency, and (2) There is no compelling need to prepare a staged BIR and grant an approval for the project before the appropriate lead agency will take its action on the project. , Note: Authority cited: Section 21083, Public Resourees Code, Reference: See- tion 21003, Public Resources Code. Register 2005, No, 40, 10-7-2005 Exh. 8, p. 20 EXHIBIT9 po nd er s Volume 2 CTATUTES OF CALIFORNIA AND DIGESTS OF MEASURE S (MAR 18 1983 1981 pe ar Constitution of 1879 as Ame nded . - mnt - General Laws, Amendments to the Codes, Resolutions, and Constitutional Amendments passed by the California Legislature . 1981-82 Regular Session. Compiled by BION M. GREGORY | legislative Counse! 198) { Ch. 714 jerly evaluation of proposed the plan or other written ent with the environmental program. acy to consult with all public ry law, with respect to the » proposedactivity includethe g authority to significant he evaluation process. sce of the decision by the } activity with the Secretary of shall be available for publi c all be posted on a weekly basis ' Bachlist shall remain posted of the plan or other written yublic and to any person w ho notification shal] be made in a or any person with sufficient 1g- . yeumentation required by th e the proposed activity wit h don measures to minimize any apact. me for review and commentby al public. arces Agency shall. certify a ‘tary determines meets all th e i in this section, and withdraw 1e regulatory program has been . qualifications. Certification and ur only after compliance wi th ion 11340) of Part 1 of Divisi on e. regulatory program meets the th in this section, the inquir y of ency shall extend only to th e y program meets the gener ic ne inquiry shallnot ext end to nder such regulatory pro gram, natives or mitigation measu res ° ssen- “any~significant—ec ’, . s Agency determines that the ertification does not me et the. th in this section, the secre tary reasons for that determina tion. 10 020° Ch. 714} STATUTES OF 1981. 2749 (f) After a regulatory program has b ifieen certi ied pu i eeclnee proposed change in the program whichcould eat ce with the qualificatjons for certificati i i subdivision (d) may be submitted to th SahReoe Secretary of t e Agency for review and comment. The scope of thesecretary'sreview shall extend only to thequestion of whetherthe regulatory program meetsthegeneric requirements of subdivision (d). The review shall to individu ecisions to be reached underthe re; program, including specific alternatives or widgatiogeentee, whic might be proposed to lessen any significant adverse environmental effects of the activity. The secretary shall have 30 nays@ er receipt of the proposed change to notifythe state agenc card, or commission whether the proposed change will alter the regulatory program so that it no longer meets the qualification for certification established in this section and will result in a withdrawal ofeee as providedin this section. owe g y action or proceedingto attack, review, set asid i annul a determination or decision of a state agency, naar or commission approving or adopting a proposed activity under a regulatory program which has beencertified pur: i i on the basis that the plan or other written Seemnontatonenssared pursuant to paragraph (3) of subdivision (d) does not comply.with s section shall be commencednolater than 30 days from the date of the filing of notice of the approval or adoptionofthe activity (h) Any action or proceedingto attack, review,set aside, void, or annul a determination of the Secretary of the Resources Agenc r to certify a regulatory program pursuant to this section, on the basis a at the regulatory program does not comply with this section, shall commenced within 30 days after certification by the secretar n any action brought under this subdivision, the inquiry shall extend only to whether there was a prejudicial abuseof discretion b the Secretary of the Resources Agency, Abuse of discretion is established if the secretaryhas not proceeded in a manner required y law or if the determination is not supported by substantial -evidence. . . (i) For ‘purposes of this section, an "agriF i , county: commissionershal be considered a state agency, ‘agricultural to SEC. . Section 21083 of the Public Resources Code is amended - 21083. The Office of Planning and Research shall develop proposed guidelines for the implementation ofthieTaos by,Pubre agencies. The guidelines shall include objectives and for the orderly evaluationprojects.and the r i environmental impact reports and negati de os inamans of consistent with this divicion, anc negative declarations in & manner e guidelinesshall specifically include criteria for i ine gui 1a public a, tofallowin determining whetheror not a proposed project mayhave a am cant effect on the environment.” Thecriteria shall require a ng that a project may have a “significant effect on the 10 05 we e e e e e 2750 STATUTES OF 1981 ~ : © [Ch 714, environment”if any of the following conditions exist: (a) A proposed project has the potential to degrade the quality of the environment, curtail the range of the environment, or to achieve short-term, to the disadvantage.of long-term,environmental goals. (b) The possible effects of a project are individually limited but cumulatively considerable. As usedin this subdivision, “cumulatively considerable” means that the incremental effects of an individual - project are considerable when viewedin connection with the effects - of past projects, the effects of other currentprojects, and theeffects of probable future projects. ; (c) The environmental effects of a project will cause substantial adverse effects on human beings,either directly or indirectly. The guidelines shall also include procedures for determining the lead agency pursuant to Section 21165. The guidelinesshall also include criteria for public agencies to use in determining when a proposed project is of sufficient statewide, regional, or areawide environmental significanice that it should be submitted to appropriate state agencies for review and comment prior to completion of an environmental impact reportor negative declaration thereon. oo . . .The Office of Planning and Research shall develop and prepare the proposed guidelines as soon as possible and shall transmit them immediately to the Secretary of the Resources Agency. The Secretary. of the Resources Agency shall certify and adopt the ‘guidelines pursuant to Chapter 3.5 (commencing with. Section 11340) of Part 1 ofDivision 3 of Title 2-of the Government Code, which shall become effective upon thefiling thereof. However,the guidelines shall not be adopted without compliance with Sections 11346.4, 113465, and 11346.8 of the Government Code. ~ , SEC.371:. Section 21087 of the PublicResources Code is amended to read: mo 21087. The Office of Planning and Research ‘shall periodically reviewthe guidelines adopted. pursuant toSection 21083 andshall recommend proposed changes or amendments to the Secretary of the Resources Agency, Changes or amendments to the guidelines shall be adopted by the secretary in conformance with Chapter 3.5 (commencing with Section 11940) of Part 1 of Division 3 of Title 2 of the Government Code. SEC; 372. Section 25210 of the Public Resources Code is amended to read: : 25210. The commission may hold any hearings and conduct any investigations in any part of the state mecessary to carry out its powersand duties prescribed bythis division and, for those purposes, has the same powersas are confegred upon heads of departmentsof the state by Article 2 (commencing with Section 11180) of Chapter _ 2 of Part 1 of Division 3 of Title 2 of the Government Code. SEC. 373. Section 25213 of the Public Resources Codeis amended to read: 25213. The commission shall adopt rules and regulations, as 10 05 Exh. 9, p. 3 Ch. 714]. s necessary, to carry out thi with the provisions of Chay of Part 1 of Division 3 o- commissionmake of proposed regulations, supporting their adoption SEC. 374. Section 2550! to read: 25502. Each person prc or electric transmission lin a notice ofintention to file site and related facility or primarily to determine - accommodatethefacilitiei of the proposed sites anc commission and forecasts 95309. The notice shall be and shall be supported by | require. : Anysite and,relatedfaci to Section 25516is, and sha in an application for ce required for a notice und: SEC. 375. Section 2596: to read: 95964. After 24 month: been certified by the comr in this state any new gas without obtaining the commission, unless the cc Beginning 24 months afte: © certified by the commissir state agency shall issue a pt any new gas appliance, ;. building permit shows th chapter. However, any ne with this chapter may be pursuant to a contract ex building permit was appr: SEC. 376. Section2600< to read: 26004. There is in Alternative Energy Sour constitutes a public instrun of powers conferred by essential public function. The authority shall co: Finance, the Chairman of and Development Commi, | Volume 3 STATUTES OF CALIFORNIA AND DIGESTS OF MEASURES CALIF. ATTY. GEN. LIBRARY 1993 MAR O 1 2001 OAKLAND ‘Constitution of 1879 as Amended Measures Submitted to Vote of Electors, Special Statewide Election, November 2, 1993 “General Laws, Amendments to the Codes, Resolutions, and Constitutional Amendments passed by the California Legislature 1993-94 Regular Session Compiled by BION M. GREGORY . : Legislative Counsel 6316 ‘STATUTES OF1988 _. [Ch, 1130. (e) Information developed in environmental impact reports and negative declarations be incorporatedinto a data base which may be used to make subsequent or supplemental environmental determinations. a (f) All persons and public agencies involved in the environmental review process be responsible for carrying out the process in the " mostefficient, expeditious mannerin orderto conserve theavailable financial, governmental, physical, and social resources with the objective that those resources may be better applied toward the mitigation of actual significant effects on the environment. SEC. 3. Section 21064.5 is.added to the Public Resources Code, to read: 21064.5. “Mitigated negative declaration” means a negative declaration ptepared 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 agreedto by, the applicant before the proposed negative declaration is released for public review would avoid the effects or mitigate the effects to a point whereclearly no significant effect on the environment would _ oceur, 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. . SEC. 4. Section 21080.1 of the Public Resources Code is amended to read: _ 2080.1. (a) The. lead agency shall have the responsibility for determining whether an environmental impactreport or a negative declaration shall be required for any project whichis subject to this division. That determination shall be final and conclusive on all persons, including responsible agencies, unless challenged, as provided in Section 21167. (b) In the case of a project described in subdivision (c) of Section 21065, the lead agency shall, upon the request of a potential applicant, provide for consultation priorto the filing of the application regarding the range ofactions, potential alternatives, mitigation measures, and any potential and significanteffects on the environmentof the project. o SEC. 5. Section 21080.3 of the Public Resources Code is amended to read: sO 21080.3. (a) Prior to determining whether a negative declaration or environmental impact report is required for a project, the lead agency shall consult with all responsible agencies and with any other public agency which has jurisdiction by law over natural resources affected by the project which are held in trust for the people of the State of California. Prior to that required consultation, the lead agency .may informally contact any such agency. (b) In order to expedite the requirements of subdivision (a), the Office of Planning and Research, upon requestofa lead agency,shall assist the lead agency in determining the various responsible agencies for a proposed project. In the case of a project described in 204900 Exh. 9,p.5 Ch. 1130 J STATU” subdivision (c) of Section 21065, project applicant. SEC. 6. Section 21080.7 of the to read: 21080,7. (a) No environme declaration is required for any housing or neighborhood comm if the lead agency does all of th (1) Finds, after giving notice: Section 21092 and following th regulation which would be -ne pursuant to Section 21080.1, all . (A) ‘The project is consistent document which has been — (commencing with Section 654 Government Codeor, in the cc certified pursuant to Article 2 ( Chapter 6 of Division 20. {B) For purposes. ofthis sectic pursuant to the procedure esta with Section 65450) of Chapter § not more than five years prior t: section. (C) The plan or program environmental impact report. {D) The environmental imps that the significant effects on 4 Measures necessary to mitigat determined, including any sign structures and neighborhoods of that exist in the area covered by necessary to mitigate or avoidtl (2) Makes one or more of th Section 21081. (3) Files a notice ofthe decisic county clerk. Those notices shall and list of the notices shall:be p of the county clerk. Each list sh: days. (b) As used in this section; (1) “Neighborhood comme commercial facilities which are ai the construction of housing and y housing. (2) “Urbanized area” mean surrounding closely settled territ: Department of Commerce Bur: Register, Volume 39, Number 8 pages 15202 and 15203, and as px Volume 4 STATUTES OF CALIFORNIA 1994 FEB 2 0 2001 OAKLAND Constitution of 1879 as Amended - Measures Submitted to Vote of Electors, Primary Election, June 7, 1994 and General Election, November 8, 1994 ) ‘ . General Laws, Amendments to the Codes, Resolutions, and Constitutional Amendments passed by the 4 California Legislaturep t 1993-94 Regular Session 1993-94 First Extraordinary Session ~e - / Compiled by t BION M. GREGORY legislative Counsel 994 [ Ch. 1230 30.5 is subject to this division. nat a proposed project, not vould not have a significant zency shall adopt a negative declaration shall be prepared ae following circumstances: in light of the whole record may have a significant effect ially significant effects on the e project plans or proposals before the proposed negative sed for public review would s to a point where clearly no vould occur, and (B) there is whole record before the lead y havea significant effect on © in light of the whole record mayhavea significant effect atal impact report shall be antiated opinion or narrative, or erroneous, or evidence of not contribute to, or are not ivironment,is not substantial }) include facts, reasonable i expert opinion supported by iew process for a mitigated - jstrative decisions and public Jude that certain mitigation ‘aph (2) of subdivision (ec) are those circumstances, the lead. :, may delete those mitigation r mitigation measures that the lic hearing on the matter, ar e iting significant effects on the evel and that do not cause any environment. If those new onsof project approvalor are approval, the deletion of the T q I i i 4 Ch. 1230} STATUTES OF 1994 7685 aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence ofa significant effect on the environment, the lead agency’s approval of the negative declaration and project shall be invalig and a new environmental review process shall be conducted before the project'can be reapproved, unless the lead agencysubstitutes a new condition that the lead agencyfinds, after holding a public hearing on the matter, is equivalentto,or moreeffectivein,lessening or avoidingsignificant effects on the environment andthat does not cause any potentially significant effect on the environment. SEC 6. Section 21080.1 of the Public Resources Codeis amended to read: ‘ 21080.1. (a) The lead agency shall be responsible for determining whether an environmental impact report, a negative declaration, or a mitigated negative declaration shall be required for any project whichis subject to this division. That determination shall be final and conclusive onall persons, including responsible agencies unless challenged as provided in Section 21167. , (b) In thecase of a project described in subdivision (c) of Section - 21065, the lead agency shall, upon ‘the request of a potential applicant, provide for consultation prior to the filing of the application regarding the range of actions, potential alternatives, mitigation measures, and any potential and significant effects on the environmentof the project. , os see 7. Section 21080.14 is added to the Public Resources Code, to read: SO , 91080.14.. (a) Except.as provided in subdivision (c), this division 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 that is affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code, if the developer of the development project provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for lower income householdsfor a period of at least 15 years, or that is affordable to low- and moderate-income households, as defined in paragraph(2) of subdivision (h) of Section 65589.5 of the Covernment Code, if the developer of the developmentproject provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for low- and moderate-income, households at monthly housing costs as determined pursuant to paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code, and-the development . iHgati 3 t‘ion of the new mitigation <4projectmeets.all of the following requirements: on orcircumstancé’ requiring ~ ‘e declaration. -eclude a project applicantor . an administrative or judicial 1 of project approval imposed mdition ofprojectapproval set 244560 an 1 (1) The developmentproject is consistent with the jurisdiction's general plan as it existed on the date the application was deemed complete. . : (2) The development project is consistent with the zoning designation, as ‘specified in the zoning ordinanceas it existed on the 244590 Volume 5° STATUTES OF CALIFORNIA AND DIGESTS OF MEASURES 2002 Constitution of 1879 as Amended Measures Submitted to Vote of Electors, Primary Election, March 5, 2002 and General Election, November 5, 2002 General Laws, Amendments to the Codes, Resolutions, and Consfitutional Amendments passed by the California Legislature : 2001-02 Regular Session | . 200 1-02 Second Extraordinary Session 2001-02 Third Extraordinary Session AYER Ae een prema PL aorTe eee Loess HAR 2. 2014 OAKLAND a g e E E E P R E M E M G c r c h d Compiled by DIANE F. BOYER-VINEi i Legislative Counsel h UTES OF 2002 [Ch.1 052m (1 0521 STATUTES OF 2002 6787 fC) Theproposed project is of sufficient statewide, regional, or sPTER 1052 1082.1, 21083, end 22091 of thePDL serecotfiedandadop tedpursuant toSection21083, ; : "3 ea " : ection 2 083. avironmental quality. a SBC. 2. Section 21083 of the Public Resou rces Code is amended to .A083. (a) The Office of Planning and Researad ofc b - gevelop proposed guidelines for the implementation ofthisdiviste “by -public agencies. The guidelines shall include objectives and criteria f , : booevaluation of projects and the preparation of environmental dmpact Te; and negati ions i ;msct gative declarat ons in a Mannerconsistent with this fp) ‘The guidelines shall specifically i iterinal y include criteria f encies to follow in determining whether or not a proposed orejentmay ior September 28, 2002. F iled with State Septeraber 28, 2002 .) lifornia do enact as follow s: 082.1. of the Public Res ources Code ig ft environmental — impact wt, negative declaratio n, or mitigal o8 10 -d pursuant to the, requirements of ‘thaven “significant effect on the enviro nment.”Thecriteria shall requi vq finding that a project may have a “significant effect onthe a pub ; >:5 OO ifany of the following conditions exist: { propose project has the potential to de i . as prade the qu uronment, curtail the range of the environment, ot" altyofthe eri-term, to the disadvantage of long-term, environmental goals jrectly by, or under con tract to, nded to prohibit, and shall no t be construeig _ from submitting inf ormation or othe agency responsible for preparing ay srt, draft environmental impact report f e) tf igamulatively considerable. As used in this paragraph, ‘cumulatively vated negative declaration . The informal ‘derable” - ubmitted in any format, shall be considereg sgnsid erable means t the increme ntal effects of an indivi . aage.considerabl e when viewed in connection wi th raniiaualFest ,ay be included,in whole or in part, 1 any projects, the effa wprojects, the ef ects of oth projee croj cs er current ects, and the effects of probable ) The environmental effects of a proj ct wiprojec will ca stanti sreeoboe on human beings,either directly or piety e guidelines shall include procedures for determinin the | ency pursuant to Section 21165. g the lead 4d) The guidelines shall include criteria for public agencies to use in neiB when a proposed project is of sufficient statewide, regional ne ide environmental significance that a draft environmental Seeneolarionsbalnegative declaration, or a proposed mitigated : ion s e submitted to appropriate dhrough the State Clearinghouse, for revi a ment olorty; *y iew and com ent pri pletion of the environmental impact report, negative declaratio,i os negative declaration. . mer ‘¢) The Officeof Planning and Research shall develop and prepare the a | do all of the following: — rt or declaratiog wy and analyze any repo ~ ~ nents that reflectits inde pendent judgment ion of a negative declara tion or a mitigates] tification of an environme ntal impact repo ration reflects the indepe ndent judgment jumberof copies of the draft environment@i egative declaration, Ot pr oposed mitigated a copy of the report or declaration in a py the guidelines adopted pursuantto Sectial imghouse for review and comment by stat owing apply: edintety-tothe Secretary oftheResources Agency. The Secretary ofayofthefollowings—— Resources Age: if0) gency shall cert y and adopt the guidelines aeo(commencing with Section 11340) of Part 1 ofDivision3 Title 2of the Government Code, which shall become effective upon jurisdiction by law with r espect ig a erwise has ‘the fillithe filing thereof. However, the guidelines shall not be adopted without Exh. 9, p.9 ) The possible effects of a project are individually limited but ~ osed guidelines. as soon as -possible and shall transmit them. ~ —- 0 f 5S 6788, STATUTES OF 2002 —-——*[Ch1052] compliance with Sections 11346.4, 11346.5, and 11346.8 of the Government Code. - SEC. 3, Section 21091 of the Public Resources Code is amendedto read: ome on 21091. (a) The public review period for a draft environmental | impactreport shall not beless than 30 days. If the draft environmental impact teport is submitted to the State Clearinghouse for review, the review period shall be at least 45 days, and the lead agency shall provide a sufficient number of copies of the documentto the State Clearinghouse for review and commentby state agencies. (b) The public review period for a proposed negative declaration or proposed mitigated negative declaration shall not be less than 20 days. If the proposed negative declaration or proposed mitigated negative declaration is submitted to the State Clearinghouse for review, the review period shall be at least 30 days,and the lead agency shall provide a sufficient numberof copies of the documentto the State Clearinghouse — for review and commentbystate agencies. (c) Notwithstanding subdivisions (a) and (b), if a draft environmental impact report, proposed negative declaration, or proposed mitigated negative declaration is submitted to the State Clearinghouse for review and the period of review by the State Clearinghouse is longer than the public review period established pursuant to subdivision (a) or (b), whicheveris applicable,the public review period shall be atleast as long as the period of review by the State Clearinghouse. (d) (1) The lead agency shall consider any comments it receives on a draft environmental impact report, proposed negative declaration, or proposed mitigated negative declaration if those comments are received within the public review period. a (2) (A) With respectto the consideration of comments received on a draft environmental impactreport, the lead agencyshall evaluate any comments on environmental issues that are received from persons who have reviewed the draft and shall prepare a written response pursuant to subparagraph (B). The lead agency may also respond to comments that are received after the close of the public review period. (B) The written response shall describe the disposition of any significant environmental issue that is raised by commenters. The responsesshall be prepared consistent with Section 15088 of Title 14 of the California Code of Regulations, as those regulations existed on June 1, 1993, (e). (1) Criteria for shorter review periods by the State-Clearinghouse _ for documents that must be subrfitted to the State Clearinghouse shall besetforth in the written guidelines issued by the Office of Planning and Research and made available to the public. Exh. 9, p. 10. ~ [Ch.1053] STATUT (2) Those shortened review pi a draft environmental impact declaration. Amy request-fora-sherten writing by the decisionmaking b Planning andResearch. The de resolution or ordinance a-personi period. Any designated persons| this request. (4) Any request approved t consistent with the criteria set for of Planning and Research. (5) A shortened review period Planning and Research for anyp - or areawide environmental sig. Section 21083. (6) Any approval of a shortene and reflected in, the public notic _(f) Prior to carryingoutor ap| _ declaration has been adopted,the declaration together with any considered pursuant to paragrapl SEC. 4. No reimbursement Section 6 of Article XMof the agency or schooldistrict has the or assessments sufficient to pay mandated by this act, within tt Government Code. CHAP’ An act to amend Section 5103: land use. [Approved by Governor£ Secretary of State The people of theState of Califo: SECTION 1. Section 51033 ¢ read: 51033, (a) This chapter does orto persons licensed to practice Volume 4 STATUTES OF CALIFORNIA AND DIGESTS OF MEASURES- m e e n S m t e S , A l e l g 2004 Constitution of 1879 as Amended Measures Submitted to Vote of Electors, ' Primary Election, March 2,.2004. and General Election, November 2, 2004 ~ General Laws, Amendments fo the Codes, Resolutions, and Constitutional Amendments passed by the . California Legislature . 2003-04 Regular Session 2003-04 Third Extraordinary Session | 2003-04 Fourth Extraordinary Session 2003-04Fifth Extraordinary Session CMF. ATTY GEN. LIBRARY JUN 2 ONT , Compiled by DIANE F. BOYER-VINE legislative Counsel UTES OF 2004 [Ch. 6 _ 689] STATUTES OF 2004 5239 .f) ‘Urban water suppliers that are members of the Californi water Conservation Council and subrmét annual repenstothatowen accordance with the “Memorandum of Understanding Re arding y#eanWater Conservation in California,” dated Septémber 1991 may ig@omit the annual reports identifying water demand management gaoasures currently being implemented, or scheduled for Jqiflementation, to satisfy the requirements of subdivisions(f) and (g). 4) ‘Urban water suppliers that rely upon a wholesdle agency fora jaree of water, shall provide the wholesale agency with water use gjections from that agency for that source of water in five-year aaorements to 20 years or as far as data is available. The wholesale ageniey shall provide information to the urban water supplier for gdlusion in the urban watersupplier’s plan that identifies and quantifies, ' fthe-extent practicable, the existing and planned sources of water as yequired by subdivision (b), available from the wholesale agency to the iofban-water supplier overthe same five-year increments, and durin vatious water-year types in accordance with subdivision (c). An urban ‘iter supper may relyupon water supply information provided by the -\gwhdlesale agency in fulfilling the plan i i Ioptics(oy za(3) g the plan informat onal requirements of tation for al) water demand managem ‘dintheplan. ! hods,if any, that the supplier will us water demand management measuig er the plan. 4 le, of existing conservation savings‘ service area, and the effect of the savii her reduce demand. 4 ater demand management measure lista ision (f) that is not currently beig r implementation. In the course of in shal] be given to water de nbination of measures, that offer lo ded or additional water supplies. ollowing: . mic and noneconomic factors, includ customer impact, .and technologits alysis, identifying total benefits and if funding available to implement hat would provide water at a higher f the water supplier's legal authority’ C HAPTER 689 -orts to work with other relevant agenol of the measure and to share the costig@mmes/4! act to amend Sections 21083, 210 86, and 21151.4 of, and to repeal . spegtion 21087of, the Public Resources Code,relating to environmental all water supply projects and water suppl egual ity 2n by the urban water supplier to meet stablished pursuantto subdivision (a vater supplier shall include a de ai : projects and programs, other than - s identified pursuant to paragraph (1)/ vater supplier may implementto increa ) available to the urban water supplier ile-dry water years. The description sh include a description of the increase to be available-from each project. dmate-with segardto-the implem ent ogram. es for developmentof desalinated wal io, ocean water, brackish water, 4 apply. [Approved by Governor September 22, 2004. Filed with Secretary of State September 22; 2004,] 4 Bi people of the State of California do enact asfollows: SECTION 1. Section 21083 of the Public Resources Code is (a) The Office of Planning and Research shall pr |a ific epare and -. (b) The school district has been gi' :. project not less than 30 dayspriorto th - +: ‘€nvironmental impact report or approve J} > SHC. 6. If AB 3090 ts enacted on: ” amends Section 21087 of the Public Res ~ this bill, which would repeal Section 2 .- Code, shall not becomeoperative; and, n . the Government Code,this bill shall not - Section 21087 of the Public Resources| ecretary of the Resources Agency. | EXHIBIT 10 TITLE 14 § 15153 ammed.ThélaterBER shouldstatééhattheleadagencyis usingthe tlering concept and that the EIR is beingtiered with the earlier EIR. Nore.Authority cited: Sections21085 and21087,PublioRetourcesCode.Refee- eae: Sections 21003; 21061, 21100end 21151, Public Resources Code, § 15153. Use of an EIR from an Earller Project. (0) The lead ageovy may employ a single BIR to describe more than one project,ifsuch projects are exsenallythe samein torms ofenviron- mentalinpaot. Further, the leadagencymayuse an oarlierHIR prepared in connection with an earlier project to apply to a later project, if the cir- cumstances of the projects are essentially the same. (b) When a leadagencypropotestouse anBIR froman earlier project at (he BIR for a separate, laterproject, the lead agency shall use the fob Jowing procedures: (1) The lead agency shall review the proposed project with an initial study,using incorporationbyreferenceifnecessary,1odetermine whelh- er the EIR would adequately describe: (A) The general environmental setting oftheproject, @®) Thesignificant environmental impacts of the project, and (C) Altematives and mitigation measures related to each siguificant effect - (2) If the lead agency believes that the BIR would meet the require- montsofSubsection (1), shallprovidepublicreviewasprovided in Sec- tion15087 statingthat it planstouse the previously pseparedEIR as the draft BIRfor this prafect, The notice shall molude 4s a mininmm: (A) An identification ofthe project with a brief di (B) Astatementthatthe agencyplans tousea certainBIR preparedfor . a previous project as the EIR for this project, (C) Alistingofplaceswhere copies oftheEIRmuybe examined, and " (D) A statementthatthe key ismer involvingthe BIR are whethertbe BIR shouldbeused for this project end whether there are unyadditional, sensonablealternatives ormitigationmeasuresthatshouldbeconsidered as ways ofavoiding or reduoing the significant effects of the project. (3)Theleadageacyshallprepareresponsesto commentsreceived dur- ing the review period. (4Beforeapprovingtheproject, thedecisionmakerin theleadagency . shalt; (A)Considerthe informationin the EIRincludingcommentsreceived during the reviewperiod and responses to those comments, (B) Decideoftheron itsown orana staffrecommendation whetherthe BIR jsadequate for the project athand, and © Make or require oerificatios to be made as described in Section 5 15090. aMakefindings as provided in Sections 15091 and 15093 as neves- G5)Aftermeking 1 decision on the project, the lead agency.shall file a notice of determination. (0) An BIR prepared for an earlier project may also be usedas part of an jnital study to documont 2 finding that a later project will nothave a teffeot.Inthis sitmationanegative declaration willbeprepared. (@) AnEIR prepared for an earlier project shallnot be used as the BIR for a later project If any of the conditions described im Section 15162 would require preparatiog of a subsequentor supplementalEIR, Note: Anthoritycited; Sections 21083 and 21087,PublicReeourcar Code.Refer ence: Sections 21100, Z1151 and 21166, Public Resources Code, Article 11. Types of EIRs § 16160. General. This artiole describes a number of examples of variations in HiRes as the documents are tailored to different simalions and intended uses, These variations are not exclusive. Lead agencies may use other varia- tions consistent with the guidelines to meetthe needs of other circum stances, All BIRs must mect the content requirements discussed in Ar ticle Pbeginning with Section 15120, Page 684 BARCLAYS CALIFORNIACODE OF REGULATIONS Tith 14 Nore: Authorityced: Seotions 21083 and 21087,PublicResources ence: Seotions 21061, 21100 and 21252, Publio Resources Code, CodesRor -Hastory. 1. Now Astiols 11 (Bection 15150) filed 12-14-73 as an cm , effective upon filing. Certificate ofComplimes ino! dod (Register No.90), 2. Repealer of Article 11 (Section 13180) and now Artols ectio! ie150-1517) filed 7-13-83; effective tht day threaier (Regier 83, 3, Edktorial correntionof 7-13-83 order redesignating effective filod 7-14-83 (Register 83, No. 29), 5 ale to 81-89 $ 15161. Project EIR. ‘The mostcommon type ofBIR examines the environmental impacts ofa specificdevelopmentproject. Thistype ofEIRshouldfoous primari- ly on the changes in theenvironmentthatwouldresult from the develop- meatproject. The EIR shall examine all phases ofthe project lncluding planning, construction, and operation, Nore: Au cited: Sections 21083 and21087,PublicR: ence: Sections 25061, 21500 and 21151, PublicRoce u“Refer § 15162. Subsequent.Elte and Negative Declarations. (8) Whea an EIR has been certified or a negative declaration edopted - fora project, no subsequentBIR shallbeprepared forthatprojectunless the lead agencydetermines, onthe basis of substantial evidence in the . light of the whole record, one or more of the following (1)Substantialchangesare proposedin the project which will require major revisions oftheprevious BIR ornegativedeclaration chic lothein- volvement ofnew significant environmental offeots or s substantial in- crease in the severity ofpreviously identified significant effects; (2) Substantial changes oveur with respect tothe circumstances under . Which the project is undertakenwhich will require majorrevisionsofthe previousEIR ornogative declarationdueto the involvementofnew sig- nificant environmentaleffects or a substantial increase in the severityof previously identified significant effects; or (3)New information ofsubstantialimportance, which wasnotknown and couldnothaveboen known with the exeroizeofreasonablediligence atthetimetheprevionsEIRwas certifiedascompleteorthenegativedeo- larationwas adopted, shows any ofthe folowing: (A)Theprojectwilhiveoneormore significanteffeotsnotdiscussed in the previous EIR or negative dectaration; _ B) Siguificanteffects previously examined willbe sibstenillymore severe than shown inthe previous EIR; {C) Mitigationmeasuresoraltematives;previouslyfoundnottobefea- siblewould infactbefeasible andwouldsubstantiallyreduce oneormore " significant effects of the project, but the projectproponents decline to adoptthe mitigation measure or altemative; or (D) Mitigationmeasuresoraltematives which areconsiderablydiffer- entfrom those analyzed in the previous BIRwould substantiallyreduce oneormare significanteffectsonthe environment,buttheprojectpropo- nents.decline to adopt the mitigation measure or altemative, (b) Hf changes to a project or ite circumstances ocour ornew informa- ‘tion becomesavailable afer adoption ofa nepative declaration, the lead agency shall prepare a subsequent EIR ifrequired under subsection (a). Otherwise the lead agency shal} determine whether to prepare a subso- quentnegative declaration, am addendum, or nofurther documentation, (c) ifthe projectwasapproved priorto the occurrence oftheconditions described in Subsection (a), the subsequent BIR or negative deolaration shall be prepared by the public agency which grants thenextdiscretion- aryapprovalfar the project, In this simation no otherresponsible agency shall grantan approvalfor the project untilthe subsequentEIR has been: ” certified or subsequent nogative declaration adopted, (d) A sobsequent EIR or subsoquentnegative declaration shall be piv. . on fhe same.notice and public review as required under Seotion 15087 or Section 15072. A subsequent BIR or negative deolaration shall state where the previous documentis available and oan be reviewed. Nore: Authoritycited: Sectors 21083 and21087, PublicResources Code: Refer- ‘ode; Bowman y, Ey ofPeialioea, 18 225 App.3d guee, Section 21166, Public Resources C Cal sisasad1068 (1986); and Benton y. Board ofSupervisors, Register 94, Nos, 33-34; 8-26 Exh. 10, p. 2 Tithe 14 Resources Agency § 15168 History : 1. Amendment ofsection heading, text and Nore filed B-19-94; opecative 9-19-04 (Repister 94, No.33). $ 15163, Supplement to an EWR. (a) The lead or responsible agency may choose to prepar e a supple- mortt to an BIR rather than a subsequent BIR if: (2)Anyofthe conditionsdesoribed inSection 15162wo uldrequizethe preparation of a subsequent EIR, and (2) Cnlyminor additions or changes would be necessary to make t he previous EIR adequately applyto the projectin the cha nged situation. (b)Thesupplementto iheERneed contain only the inf ormation nec- essary to make the provious BIR adsquate for the project as revised. (0) A uupplemeattoanEIR shallbe given the same kindofnotice and , publio review as is given to adraft BIR under Section 15087. (d) Asupplementto anDikmaybecisculatedbyitselfwitho utrecircn- lating the previous draft or final EIR. . (e) When the agency decides whetherto approvethe project, the desi- body shall consider the previous BIR ag revisedby the supplementalBIR.AGadingunder Section15091 shallb emade foreach significant effect shown in the previous BIR asrevised. Nore:Authoritycited: Sections21083 and 21087,Public ResourcesCode, Refes- nos: Section 21166,Public Resources Cods. 15164, Addendum to an EIR or Negative Declaration. (a)Thelead agency oraresponsibleagencyshallprepareanaddend um toa previouslycertified EIR if some obanges oradditions are necess ary butnone ofthe conditionsdescribedinSection 15162callingfor prepa ra- tion of e subsequentBIRhave occurred. (b) An addencum to anadoptednegative declarationmaybe prepared ifonly minor technica) changes or additions ate necessa ry, (c) An addendumneed not be.cironlated for public review but ca n be inclndedin or attached to the final BIR or adopted negative decla ration. (d) The decinion-making body shall consider the addendum with the final BIR ot adoptednegative declaration prior to making 8 decision on (e) Abriefexplanationofthedecisionnottopreparea gabsequentEIR pursuant.to Section 1$162 shovldbeincluded in an addendumto an E RR, ‘heleadagency'srequixedfindings onthe project, or elsewhere in the ro- cord. The explanstion mustbe supported by substantial evidence. Nort:Authorityalted: Sections21083 and 21087,PublicResourcesCod e.Rofer- ence: Section 21166, Public Resources Code; Bowman v. Clty ofPat alume, 185 CabApp.3d 1065 (1986); and Benton v. Board ofSupervisor s, 226 CaLApp.3d 1467 (1991), ot History 1, Amendment of section headmg, text and Notx filed 8-19-94; operati ve 9-19-94 (Register 94,No.33) $ 15195. Multiple arid Phased Projects, Where individualprojectyare, or a phased project is, tobeundertaken andwherethetotalundertakingcomprisesaprojectwith signif icant eavi- ronmental effect, thelead agency shall preparoa singleprogramEIR for theultimate project as described in Section 15168. Whereun individual projectis anecessary precedent for actionon a larger project, or commits the lendagency toa Jargerproject, withsignificantenvironmental effect, an BIR mustaddress itself to the scope of the larger project, Where one project is one of several similar projects of a public agency, but is not doemed a part ofa larger undertakingora Larger project, the agencymay prepare oneBIR for allprojects, or one for each project,butshall in either case comment upon the cumulative effect. Nore: Authority clied: Sections 21083 and 21087, Public Res nurcesCode, Refer- ence: Bections 21061, 21100 and 21151, Public Resources Co de; Whieuan ¥. Board of Supervisors, 88 Cal. App, 3d 397 (1979), / § 15166, . EIR AsPart of a General Pian. (a) Therequirements for preparing an BIRon 1 local general pla n, ele~ ment, of amendmentthereofwill be satisfied by using the general plan, or element document, as the EIR and no separate BIR wil] be requ ired, Page 684.1 Q the general planaddresses all the points required to be in an EIR by Article 9 of these guidelines and (2) thedocumentcontains a specialsectionoracover shestidentifying where the general ptan document addresses each ofthe points required. (>)WhereanBIR re¢horthan anogativedeclarationhasbeenprepared for a genosal plan, element, or amendment thereto,the BIR shall be for- warded tothe StateClearinghouse forreview, Therequirement shall ap- ply regardless of whether the BIR is prepared as a separate documentor as 8 part of the general plan or element document, Nott: Authority olted: Sections21083 and21087,Public Resources Code.Refer- ences Seotlons21003,21061,21083,21100,21104,21151 and2) 152,PublicRe- § 15167. StagedEIR. (a)Where a large cepital project willrequireanumber ofdiscretionary approvals from governmentagedcies andoneofthe approvels will occur more than two yearsbefore construction wil)begin,a stagedEIRmaybe prepared covering the entire project in a general form. The staged EIR shallevaluate the proposalin lightofcurrentandcontemplatedplans and ce an infornsed estimate ofthe environmental consequences ofthe entire project. The aspect ofthe projectbefore the public agencyfor ap- proval shallbediscussed with agreater degree ofspecificity m (b) When a staged EIR has beeo prepared, a supplementto theBIR shallbepreparedwhena laterapprovalisrequiredfortheproject, andthe information available atthetime ofthe later approval wouldpeamitcon- sideration of additional environmental impacts, mitigation measures, reasonable altematives to the project. (0) Where a statute och as the Woarren—Aiguist Energy Resources Conservation andDevelopment Actprovides that. specific agencyshal] be the lead agency for a project and requires the lead agency to prepare anBIR, aresponsibleagencywhichmustgrantanapprovalforthe project beforethe leadagencybes completedtheEIRmay prepare and consider a-staged EIR, . . (d) An agencyrequested to prepare a stagedBIRmaydecline toact as the lead agency if it determines,amongother factors, tha, — (1) Another agency wouldbe the appropriatelead agency; and (2) There is 20 compelling need to prepare a stagedBIR and grantan approvalforthe project before the appropriate leadagency will take its action on the project. . ‘ Nore: Authoritycited: Sections 21083 and21087, PublicResources Code.Refes- ence: Section 21003, Public Resowves Code, . § 15168, Program EIR. (a) General, Aprograme BIR is an BIR which maybe prepared cn a se- ries of actions that can be charactorized as one large project andare re- lated either: _ (1) Geographioally, (2) As logioalparts in the chain of contemplated actions, (3) In connection with issuance of rules, regulations, plus, orother " general orlteria to govern the conductofa continuing progam, or (4 As individualactivities carriedoutunderthe sameauthorizing stat- utoryorregulatory authorityandhavinggenerally similar environmental effects which canbe mitigated in slooilar ways, (b) Advantages. Use of a programBIR can provide the following ad- vantages. The program BIR oan; (3) Provide an occasion fora moreexhaustive consideration of offects andalternatives than wouldbepractical InanBIR onan individual action, (2) Ensureconsideration ofcumulative impactsthatraightbe slighted in a ouse-by-case analysis, a (3) Avoidduplicativereconsiderationofbasic policy considerations, - (4 Allow tho Jead agency to consider broad policy altematives and progyam wide mitigation measures at ancarly time when the agency has greaterflexibility to deal with basic problems or cunmilative impacts, (5).Allow reduction in paperwork, (c) Use With Later Activities. Subsequent activitivs in the program oustbe examined in the light ofthe programEIR to determine whether an additional environmental document must be prepared. Regine04, Nos, 33-34: 8-26-94 Exh. 10, p. 3 EXHIBIT 11 Volume 2 STATUTES OF CALIFORNIA | | - = ™a neMEA SURES |. | | \ Constitution of 1879 as Amended.. General Laws, Ame ndments fo the Co des, Resolutions, and Constitutional. Amendments passe d by the California Legislature 1977-78 Regular Session - Compiled by BION M. GREGOR Y : Legislative Counsel Ch. 1200 }. STATUTES OF 1977 a 3993 | (3) Forfiscal year LOTO—BO veesessesssressessssseseresesessesssdeesasennees 50,000 (4) For fiscal year 1980-81... .csecsssssecssessesseeesenseteestin _ 25,000 (c) Not more than 7 percentof the funds appropriated inany fiscal year may be used for administrative costs incurred by the department: CHAPTER 1200 An act to add Chapter 4.5 (commencing with Section 65920) to Division 1 of Title 7 of the Government Code, and to amend Sections -91002.1, 21080, 21080.5, 21083.5, 21104, 21105, 21151.5, 21153, 21168, 21166, 21167, and 21174of, and to add Sections 21080.1, 21080.2, 21080.3, 21080.4, 21083.6, 21083.7, 21100.2, 21167.2, and 21167.3 to, the _ Public. Resources Code, relating to development projects, and ' making an appropriationtherefor. {Approved by Governor September 30, 1977. Filed with Secretary of Stute October 1, 1977.) _ The people of the State of California do enact as follows: SECTION1. Chapter 4.5 (commencing with Section 65920) is added to Division 1 of Title 7 of the Government Code,to read: CHAPTER 4.5, REVIEW AND APPROVAL OF DEVELOPMENT. PROJECTS - Article 1,° General Provisions 65920. Notwithstanding any otherprovision oflaw, the provisions of this chapter shall apply to all public agencies to the extent: specified in this chapter. To the extent that the provisionsof this chapter conflict with any other provision of law,the provisionsofthis chapter shall prevail. ° , uO 65921. The Legislature finds and declares that thereis a statewide need to ensure clear understanding of the specific requirements which must be met in connection with the approval of development projects and to expedite decisions on such projects. Consequently, the provisions of this chapter shall be applicable to all public agencies, including charter cities. . 65922. The provisions of this chapter shall notapply to the State Energy Resources Conservation and Development Commission. 65923. The Office of Planning and Research shall ensure that all state agencies comply with applicable requirements of this chapter. 65924. Withrespect to any development project an application for which has been accepted as complete prior to January1, 1978, the deadlines specified in Sections 65950 and 65952 shall be measured _ from January 1, 1978. oo 0884 1010 1200 Exh. 11, p. 2 EXHIBIT 12 FINAL STATEMENT OF REASONS INTRODUCTION Since 1973 the Guidelines have had the function of a single source of information about valid ways to comply with CEQA. Followin g the State Supreme Court decision in Friends of Mammoth v. Bo ard of Supervisors of Mono County (1972) 8 Cal.3d 247, the Legi slature amended CEQA, adding among other items, section 21083 directin g the Office of Planning and Research and the Resources Agency to develop guidelines to explain the requirements of the act. The purpose w as -to reduce the confusion and show people how they could comply with CEQA successfully. The guidelines were to pull together all relevant requirements from a variety of sources. These included the statute, the then few State court decisions interpreting the statute, Federal court interpretations of the National Environmental Policy Act (NEPA), and the NEPA guidelines. With this guidance public agencies an d private entities could conduct their affairs in compliance with the law without needing to consult a lawyer in every case. Co difying case law was an important aspect of the guidel ines. oO Since the last update to the California Environmental Quality Act (CEQA) Guidelines in 1986, and the last comprehensive update in 1983, new legislation and case law have altered CEQA's requirements for practitioners. The updated Guidelines will provide greater certainty to public agencies and project applicants in complyin g with CEQA's requirements. This guidance is especially important t o small business that doesnot have immediate access to legal ad vice from private sources. No technical, theoretical and/or empirical studies, reports, or documents were relied on in the preparation of this. proposal, unless otherwise indicated. The key sources for developing the amendments were enacted amendments to CEQA and publish ed court ' decisions interpreting CEQA. — The Resources Agency must determine that no alternatives c onsidered would be more effective in carrying out the purpose of the prop osed amendments to the Guidelines or would be as effective and les s burdensome to affected private parties than the prop osed changes and amendments to the Guidelines. LOCAL MANDATE DETERMINATION The proposed regulations do not impose any mandate on local 1 Exh. 12, p. 1 agencies or school districts. Refer to the Determination on Local Mandate, Cost Estimate, and Section by Se ction Analysis for Cost and Mandate contained in the Rulemaking File beginning at tab 11, for additional information. SUMMARY AND RESPONSE TO COMMENTS The Agency's summary of and response to comments rec eived during the original notice period of June 25, 1993, through August. 25, 1993 are contained in the Rulemaking File beginning at tab 1 8, and are incorporated by reference into this Final State ment of Reasons. In response to comments from members of the public, the Agency made modifications to the proposed regulati ons. The modified text was made available to the public from May 23 , 1994, through June 7, 1994. — The Agency's summary of and response to comments received on the modified text are contained in the Rulemaking File at beginning at tab 35, and are incorp orated by reference into this Final Statement of Reasons. . ALTERNATIVES DETERMINATION The Agency has determined that no alternatives would be more effective in carrying out the purposes for which the re gulations are proposed or would be as effective or less bur densome to affected private persons than the proposed regulation s. The following amendments are proposed: BECTION 15063. INITIAL STUDY. Public Problem, Administrative Requirement, or Othe r Condition or Circumstance that the Regulation Is Intended t o Address. Section 15063 states that a lead agency shall conduct an initial study to determine whether a project may have a s ignificant effect on the environment so that the lead agency can determi ne whether to preparean EIR or a negative declaration. Changes in requi rements for initial studies due to recent legislation and c ourt decisions are not reflected in the Guidelines. Changes are needed i n order for the Guidelines to be consistent with the current state of the law, in order to fulfill their guidance function and t o avoid confusion (particularly in regard to the use of other e nvironmental documents as part of an agency's analysis, and t o the preparation of initial study checklists). Specific Purpose of the Regulation. The proposed revisions are intended to update the requireme nts for 2 Exh, 12, p. 2 an initial study to conform with recent court opinions and legislation. A key purpose is to allow use of the initial study to assist the determination of whether all or part of the project was within the scope. of a previously prepared document, whether tiering could be used, or whether one of the specially authorized processes ' similar to tiering could be used. Necessity and Explanation. subsections (b) and (c). . The proposed changes and additions provide guidance for initial study preparation when an agency is using tiering, a program EIR, or another appropriate process that relies on another document for part of its environmental analysis. At present, tiering, program EIRs, and other appropriate tools are not addressed in the initial studies section of the CEQA Guidelines, which has prompted many questions to the Resources Agency and the Office of Planning and Research. The proposed changes allow a lead agency to use the results of an initial study to determine which of a project's effects have been adequately examined by an earlier environmental impact report (EIR) or negative declaration, and which effects, if any, should be analyzed in a later EIR or negative declaration. The amendments add a brief description of a numberof special situations added to CEQA: during the past few years which allow consideration of the effects of the project through a previously prepared document and may require preparation of a new document focusing on only the new effects that were not adequately discussed in the earlier document. These special situations are identifiedin subsection (b) (1) (C). The amendment uses the term “another appropriate process" as a_ shorthand reference to special statutory authorizations. Subsections (d) and (f). CEQA currently requires a local agency preparing an initial study to identify a project's environmental effects by. use of a checklist, matrix, or other method. Since the last revision of the CEQA Guidelines, several California Courts of Appeal decisions have stated that an agency must provide the data it used to reach the conclusions on the checklist, and that a checklist unsupported by such data is insufficient for an adequate initial study. Christward Ministry v. Superior Court (1986) 184 Cal.App.3d 180 was the first to express displeasure with a checklist that provided no supporting explanations for the checks made on the form. Sundstrom v. County of Mendocino, (1988) 202 Cal.App.3d 296, 305 described only "token observance" in completing a checklist that failed to note the source or content of the data relied upon. In another appellate decision, the court held that "[tjo facilitate review, the initial study should contain supporting evidence and not mere 3 Exh. 12, p. 3 conclusions about potential environmental effects." Leonoff v. Monterey County Board of Supervisors, 222 Cal. App. 3d 1337, 1346 (1990). However, the court also held that an initial study is not required to achieve the same level of detailed explanation as a full-blown EIR. In light of the above court decisions, Section 15063(f) is incomplete without a requirement that entries on an initial study checklist must be explained. In its current form, subsection (f) may be a potential trap for local agencies attempting to comply with the law. The proposed amendments would clarify the Guidelines by adding language requiring a brief explanation of the entries on an initial study checklist. Rather than requiringa narrative in response to every: item on the list, the section would allow a reference to an information source such as a map or photographs that would provide justification for the response on the checklist. Where the reference is to a document, agencies are encouraged to. include a citation to the page or pages where the information could be found so that reviewers can find the supporting information. Alternatives to the Proposed Regulatory Action that Would Lessen Any Adverse Economic Impact on Business. The proposed amendments incorporating tiering, program EIRs, and similar tools are intended to streamline and simplify the CEQA process and thus reduce the costs of compliance for project applicants and local agencies. Courts have already required that entries on an initial study checklist be explained or supported; this is not a new requirement imposed by the Agency. The Agency considered an alternative approach suggested in comments that would have simply required citations to pages in every case when an information source is referenced. We declined to follow this suggestion because some sources such as maps or photographs may not have pages. Further, we believed that lead agencies need discretion in determining the appropriate form of reference given the wide variety of possible sources of information. We believe our approach is less rigid and less costly while remaining effective. 15072. PUBLIC NOTICE OF A NEGATIVE DECLARATION. Public Problem, Administrative Requirement, or Other Condition or Circumstance that the Regulation Is. Intended to Address. Public Resources Code 21092 was amended in 1989 to include occupants as well as owners of land contiguous to a proposed project as parties to whom notice of a negative declaration must be ari —The CEQA Guidelines do not reflect this statutory requirement. The existing section also does not contain the 20 day 4 Exh. 12, p. 4 minimum notice period added to thestatute in 1993. People using the Guidelines as their source of infor mation about CEQA could miss these required parts of the notice proce ss and find the agency decision exposed to litigation and subject to being overturned by a court decision. , Specific Purpose of the Regulati on. The revision to Section 15072 will b ring the guideline into conformity with the statutory requi rements. , Necessity and Explanation. The current version of Section 15072 could be a legal trap that leads otherwise complying lead agencies int o inadvertent violation of CEQA requirements. The revision is nece ssary in order to avoid this circumstance and make the guidel ine congruent with the statute. . Alternatives to the Proposed Regulatory A ction that Would Lessen any Adverse Economic Impact on Business. The proposed revision provides clarificatio n of an existing ‘statutory requirement, and imposes no ne w burdens on business. The Agency considered the suggestion received in comments to require that the occupants ofproperty also be ide ntified from the latest equalized assessment roll. The problem with this approach is that occupants are not shown on the assessment ro ll unless they are the owners of the property. The. sugge stion would not lead to identification of tenant occupants, a res ult that would conflict with the intent of the Legislature in requiri ng notification of | occupants in addition to owners. The approa ch could lead to a court invalidating the approval of a projec t due to a defect in the notice process. Such 4 result could incr ease the costs to the agency and to the business entities involve d, so the suggestion was rejected. , 15087. PUBLIC REVIEW OF DRAF T EIR.: Public Problem, Administrative Requirem ent, or Other Conditionor Circumstance that the Regulation Is Inte nded to Address. Public Resources Code 21092 was amende d in 1989 to include occupants as well as owners of land c ontiguous to a proposed project as parties towhom notice of a draft EIR must be mailed if the lead agency chooses to give notice by mail. The CEQA Guidelines do not reflect this statutory requirement. 5 Exh. 12, p. 5 Specific Purpose of the Regulation. The revision to Section 15087 will bring the guideline into conformity with the statutory requirement. Necessity and Explanation. The current version of Section 15087 could be a legal trap that leads otherwise complying. lead agencies into in advertent violation of CEQA requirements. The revision is necessary . in order to avoid this circumstance and make the guideline c ongruent with the statute. Alternatives to the Proposed Regulatory Action that Would Lessen any Adverse Economic Impact on Business. The proposed revision provides clarification of a n existing statutory requirement, and imposes no new burdens on business. The suggestion that occupants be identified from the assessm ent roll was rejected for reasons described under section 15 072. The suggestion would have been more costly to business. 15088.5. RECIRCULATION OF ANEIR. public Problem, Administrative Requirement, or Other Conditio n or circumstance that the Regulation is Intended to A ddress. Public Resources Code Section 21092.1, enacted in 1984 after the most recent comprehensive amendments. to the Guide lines, requires recirculation of a draft EIR when significant new information is added after notice and consultation with respo nsible and trustee agencies, but prior to certification. The CEQA G uidelines do not currently address this statutory requirement or th e interpretations of the section in a number of court decisions. The proposed new Section 15088.5 implements Section 21092.1, and int erprets the statutory term "significant new information" in a manner consistent with court interpretations. Bpecific Purpose of the Regulation. This section is proposed to be added to interpret and mak e specific the requirements of Public Resources Code Section 21092.1 that requires the recirculation of an EIR where signif icant new information is added to the document after it is circulatedf or public review but before the document is certified. T he statutory section waS responding to a number of court dec isions that had 6 Exh. 12, p. 6 already identified a requirement to recirculate an EIR if major changes were made in the document after the notice for public review. The proposed Section 15088.5 provides criteria to identify the "significant new information" that requires recirculation of a draft EIR as interpreted by the courts. The guideline clarifies the CEQA process and provides increased certainty to public agencies and projectapplicants, while adhering to CEQA's emphasis on public participation. Necessity and Explanation. Introduction to subsection (a). The first sentence of subsection (a) summarizes the circumstances where recirculation is necessary, based on Public Resources Code Section 21092.1. The remainder of subsection (a) provides cri teria for identifying the "significant new information" that triggers recirculation. The added language codifies the interpretationof the requirement from the Goleta II decision so that people can comply with the decision without needing to obtain advice from a lawyer. . overview of Bubsections (a) (1) - (a) (4). The amendment codifies the requirements from the court decisions. Subsection (a)(1) codifies the standard from Stevens v. city of Glendale (1981) 125 Cal.App.3d 986. That decision established that if a change in the project would cause a new significant effect on the environment, the EIR needed to be recirculated. Subsection (a) (2) .codifies the ruling in Sutter Sensible Planning, Inc. v. Board of Supervisors (1981) 122 Cal.App.3d 813. That decision ruled that recirculation was required where a significant environmental impact was found to be much more severe than was previously disclosed in the EIR. Subsection (a)(3) responds to several court decisions. The first: of these is San Bernardino Valley Audubon Society, Inc. v. County of San Bernardino (1984) 155 Cal.App.3d 738. That decision found that recirculation was required because the EIR had failed to analyze alternatives sufficiently and the petitioners had identified at least one apparently feasible alternative that the EIR writers had ignored. The subsection also codifies part of the ruling in Laurel .Heights Improvement Association of San Francisco, Inc. v. The Regents of the University of California (1993) 6 Cal.4th 1112 (Laurel Heights II). The court said that recirculation is required if new information is added to an EIR showing that a feasible project alternative or mitigation measure would clearly lessen the 7 Exh. 12, p. 7 environmental impacts but the project proponents decline d to adopt the mitigation measure or alternative. Subsection (a)(4) codifies the. ruling in Mountain Lion Coalition v. California Fish and Game Commission (1989) 214 Cal.App.3d 1043 as interpreted in Laurel Heights II. In the Mountain Lion Coalition case, the court ruled that a draft EIR had to be recirculated where the draft was cursory in its treatment of several issues and the lead agency tried to cure the defects ina greatly expanded final EIR. The court was critical of the practice of deferring a detailed analysis to the final EIR because the final EIR is not circulated for public review. This is essentially the same standard as has been applied by the Federal courts under NEPA and as is described in the Federal NEPA Regulations, 40 CFR 1502.9(a). Subsection (b) codifies a ruling from Sutter Sensible Planning, supra, that specified a circumstance when new informatio n added to an EIR would not require recirculation of the document. The ruling was quoted with approval in Laurel Heights II by the State Supreme Court. This subsection is needed to make th e law clear and-easily available to people administering CEQA andto help agencies avoid the unnecessary costs of circulating documents when not required. , Subsection (c) allows a cost saving approach to recirculatio n in allowing an agencyto recirculate only the chapters or po rtions of an EIR that were revised. Without this section lead agencies might feel compelled to recirculate the entire EIR rather th an only portions of it and would incur greater costs, Subsection (d) corresponds to the requirement .in Public Resources Code section 21092.1 that the lead agency again provid e notice and consultation. for the recirculated document. Th e guideline section rephrases the requirement in terms of guidel ine sections so a reader can quickly identify the required steps. Because this subsection merely identifies requirements already i n statute, the amendment does not mandate any increased level of service. Alternatives to the Proposed Regulatory Action that Would Le ssen any Adverse Economic Impact on Business. The proposed new guideline provides criteria to clarify an existing statutory requirement, and imposes no new burdens on business . 45126(a). ALTERNATIVES TO THE PROPOSED ACTION. Public Problem, Administrative Requirement, or Other Cond ition or Circumstance that the Regulation Is Intended to Address. 8 _ Exh. 12, p. 8 Section 15126(d) is intended to describe the necessary elements of an EIR's analysis of alternatives to the proposed project, which is required by Public Resources Code Section 21100. Recent court cases have considerably clarified these elements, requiring revision of Section 15126(d). ‘specific Purpose of the Regulation. The revision of this subsection has two principal purposes, update. and guidance. The suggested changes are intended to: (1) Update the Guidelines in response to recent cases, most notably the California Supreme Court's opinion in Citizens of Goleta Valley v. Board of Supervisors, 52 Cal.3d 553 (1990) ("Goleta II"). (2) Provide guidance and clarification on preparing an alternatives analysis, including the factors to consider in assessing the feasibility of alternatives, and the circumstances in which . analysis may be limited to on-site alternatives. The suggested changes in these areas are informed by recent cases, particularly the Goleta II decision. Necessity and Explanation, Opening Statement. The proposed change clarifies that alternatives to the project should not only be feasible but should avoid or substantially . lessen the project's significant effects, as provided in Public ‘Resources Code Sections 21002 and 21002.1, and consistent with subsection (d)(1). Bubsection (d) (1). Purpose. This. subsection highlights language formerly found in subsection (ad) (3) to emphasize that alternatives should be capable of avoiding or substantially reducing significant adverse environmental effects and that the purpose of examining alternatives is to lessen adverse environmental effects. This reflects Public Resources Code Sections 21002 and. 21002.1. Office of Administrative Law conventions require that language moved from one subsection to another be underlined in a notice of proposed rulemaking. The language from "the discussion of alternatives..." to the end of the subsection was moved from subsection (d) (3), and is appropriately underlined. The language is modified to use the words from the policy sections in CEQA, sections 21002, 21002.1 and 21004. Bubsection (d) (2). Selection of a range of alternatives. | This subsection guides the lead agency to select alternatives based on the application of two criteria: 1) capability to avoid or substantially reduce significant environmental effects, and 2) feasibility. This subsection indicates that an EIR should briefly state why certain alternatives were selected and others rejected, and reference the information relied upon for these determinations. 9 Exh. 12, p. 9 Goleta II has provided that additional information explaining the choice of alternatives may be included in the administrative record put preferably should be included in the EIR. The proposed language of the section follows the court decision. subsection (d) (3). Evaluationofalternatives. This subsection provides more detailed guidance on the evaluation of alternatives, based in part on the California Supreme Court decision in Laurel Heights Improvement Association v. Regents of University of California, 47 Cal. 3d 376 (1988). A matrix may be used to summarize the comparison of alternatives, but it is not required. This subsection incorporates language formerly found in subsection (4), beginning with "If an alternative wouldcause..." and continuing to the end of the subsection. This language has been underlined pursuant to Office of Administrative Law conventions. Subsection (d) (4). "Noproject"alternative. The amended description of the "no project" alternative is consistent with Environmental Planning and Information Council v. County of Fl Dorado 131 Cal. App. 3d 350 (1982), which required consideration of existing conditions as well as a projection based on current plans and policies. The changes to the last sentence of this subsection are for the purposes of clarification. The first and last sentences of this subsection were formerly found in Subsection .(a@)(2), and are underlined pursuant to Office of Administrative Law conventions. Bubsection (d) (5). Rule of Reason. There are several suggested changes to this subsection. Opening Statement. . oo The suggested change seeks to clarify that alternatives should not only be feasible but should avoid or substantially reduce the significant effects of the proposed project. This reflects Public Resources Code Sections 21002 and 21002.1. The amendments to this section interpret the "rule of reason" within the parameters established by Goleta II and the decisions cited therein without establishing any increased level of performance. The amendment provides an approach to the analysis of alternatives that is intended to simplify analysis and reduce costs. The courts have said that alternatives must lessen the environmental effects of the project and be feasible, but they have provided little guidance on conducting the analysis. The proposed amendment provides that the first step in analysis is -to identify alternatives that would lessen any of the significant effects on the environment and that the second step is to determine which of those alternatives would be feasible. The amendment responds to the experience of reviewing EIRs where lead agencies spent great effort in analyzing the feasibility of alternatives 10 Exh. 12, p. 10 that offered no environmental advantages over the project as proposed. That analysis represented wasted effort. The Resources Agency believes that identifying alternatives that would reduce the significant effects is easier than feasibility analysis because the feasibility analysis has so many factors to consider. The definition of "feasible" in Guidelines section 15364 requires at least six factors to be considered. Economic, environmental, legal, social, technological and timing factors must be. evaluated in deciding whether the alternative could be successfully accomplished. Accordingly reducing the number of alternatives to be analyzed through environmental analysis should reduce the cost of the feasibility analysis that would then follow. Bubsection (d)(5)(A). Feasibility. This subsection offers guidance to lead agencies by describing factors that may be taken into account in determining the feasibility of alternatives. Most of the listed factors were enumerated in the Goleta II decision. Site suitability is discussed in Goleta II (52 Cal. 3d at 575); while economic viability derives from CEQA's definition of feasible in Public Resources Code Section 21061.1. The Goleta II court discussed general plan consistency, while noting that this factor was appropriately applied by the defendant Santa Barbara County because the proposed project involved only a "white hole" (a blank space) in the relevant plan with regard to compliance with the California Coastal Act (Id. at 573, 574). The revised language shows that general plan consistency is a factor to consider in evaluating alternatives even if the proposal itself would need a general plan amendment. Jurisdictional boundaries are also discussed in Goleta II (Id. at 575). The revised guideline provides that EIRs on projects with a regionally significant impact should consider the regional context. Goleta II's emphasis on a realistic definition of feasibility suggests that projects involving, for example, a regional market, could be located elsewhere within the region. Also based on Goleta II is the language, "whether the proponent can reasonably acquire, control or otherwise have access to the alternative site (or the site is already owned by the proponent)." The appellate case Save Our Residential Environment v. City of West Hollywood, 9 Cal. App. 4th 1745, 1753, fn.1 (1992) includes a useful example of this factor. Goleta II held that individual factors were not necessarily determinative of the feasibility of alternatives, but rather a range of factors should be applied according to a rule of reason. The amended guideline reflects language from the following statement of the Court: "We emphasize that, as with site ownership, jurisdictional borders are simply a factor to be taken into account and do not establish an ironclad limit on the scope of reasonable alternatives," Id. at 575 (fn. 7). The court indicated that a 11 Exh. 12, p. 11 flexible approach was also appropriate for other factors (e.g. “in some circumstances, an EIR may consider alternatives requiring a site-specific amendment of the general plan," Id. at 573). | Bubsection (d) (5) (B)(1). Alternative locations. Subsection (da) (5)(B)(1) indicates that the key question for any specific alternative location is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in that location. This statement is needed for consistency with the opening statements of Subsections (d) and (a) (5), and comports with Public Resources Code Sections 21002 and 21002.1. The considerations for analysis of alternative locations are described in greater detail than are other subjects because the requirement to discuss alternative locations has been a subject of uncertainty and public controversy. - Bubsection (d) (5) (B)(2). None feasible. If no feasible alternative locations will avoid or substantially lessen any significant effects, then no alternative locations need be considered, consistent with the basic provisions of this guideline. In this case, pursuant to Section 15126(d) (2), "Selection of a range of reasonable alternatives," the EIR or the administrative record should briefly discuss each of the alternative locations rejected, the rationale for the rejection, and any information relied upon. This is based upon Save Our Residential Environment, supra, and Laurel Heights I, supra. Bubsection (d) (5) (B) (3). Limited analyses based on previous environmental documents. a This subsection provides that a draft EIR may rely on a previous document containing a sufficient alternatives analysis to the extent that the analysis is still current. This subsection draws upon the holding in Goleta II, which approved a project EIR's reliance on the Local Coastal Program's locational analysis for resort hotels. The subsection is necessary to allow for efficiency in use of prior public agency studies rather than duplicating work already done. , Alternatives to the Proposed Regulatory Action that Would Lessen any Adverse Impact on Business. This action clarifies existing guidelines and provides increased guidance to the required consideration of alternatives; it is not expected to have an adverse impact on business. SECTION 15162. SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS. public Problem, Administrative Requirement, or Other Condition or Circumstance that the Regulation Is Intended to Address. 12 Exh. 12, p. 12 Sometimes changes in a project or its circumstances occur or new information becomes available after certification of anEIR or adoption of a negative declaration and initial project approval, and a public agency (lead agency or responsible agency) must make another decision whether to approve the project involved. The current CEQA guidelines provide guidance to agencies in these ’ situations through Section 15162 on subsequent EIRs, and Section 15164 on addenda. These sections inform agencies whether they need to prepare a subsequent EIR on the project involved, or whether they can use other tools such addenda. These sections also provide some guidance on preparation of these documents. Court cases since the last. revision of the CEQA Guidelines have established the following: (1) A deferential “substantial evidence" standard of review applies to an agency's decision whether a subsequent EIR is necessary; and (2) Section 15162 applies where a negative declaration has been previously adopted, as well as where an EIR was previously certified. Section 15162 does not reflect the current case law on subsequent EIRs. The section needs to be amended so that public agencies can rely on the. procedures and standards and know that they are complying with all applicable CEQA requirements. Specific Purpose of the Amendments. The proposed amendments to Section 15162 are intended to reflect current case law, and would also clarify the standards for preparation of a subsequent EIR, based upon the three factors identified in Public Resources Code Section 21166: substantial changes in the project, substantial changes in the project's circumstances, and new information of substantial importance. A second purpose is to conform the amendment to the principle announced in Laurel Heights II that an EIR need not be recirculated if an alternative or mitigation measure becomes feasible for eliminating or lessening one or more of the significant effects of the project and the project proponent decides to implement the alternative or mitigation measure. Necessity and Explanation. Title of Section. . The words "and Negative Declarations" are added to the title of Section 15162. This change more accurately defines the scope of the section, and indicates the intent to allow subsequent negative declarations, consistentwith pre-existing language in the section. Bubsection (a). 13 . Exh, 12, p. 13 The suggested language, which applies the substantial evidence standard of review to the decision whether to prepare a subsequent EIR, reflects recent case law. See Bowman v. City of Petaluma, 185 Cal. App. 3d 1065, 1070-1074 (1986); Long Beach Savings and Loan Association v. Long Beach Redevelopment Agency, 188 Cal. App. 3d 249, 264-266 (1986); Fund for Environmental Defense v. County of Orange, 204 Cal. App. 3d 1538, 1544 (1988); Stone v. Tuolumne County Board of Supervisors, 205 Cal. App. 3d 927, 934-935 (1988); and Benton v. Board of Supervisors, 226 Cal. App. 30 1467, 1479- 1480 (1991). The Bowman court has explained why a more deferential standard of review is appropriate for decisions concerning subsequent EIRS as opposed to decisions over the need for an initial EIR. When a subsequent EIR is considered, in-depth review has already occurred, the time for challenging the sufficiency of the EIR has expired, and the question is whether circumstances have changed enough to justify repeating a substantial portion of the process. The new language calling for a substantial evidence standard of review for ‘subsequent EIRs applies only after a previous EIR has been certified or a previous negative declaration has. been adopted for a project. Benton, supra at 1481-1482. The words "in the light of" are added to the mention of substantial evidence in the-record in order to make the language consistent with the amendment to CEQA Section 21082.2 by SB 919 (Dills),, Chapter 1131 of the Statutes of 1993.. We believe this addition is a technical, nonsubstantive ‘change to the language originally proposed in the June, 1993 notice. However, the addition is necessary to avoid questions in court proceedings about the meaning or significance of a difference between the statutory language and . the Guidelines language. subsections (a) (1-2). The major revisions to clauses (1) and (2) indicate that the Public Resources: Code Section 21166 analysis would apply to substantial increases in severity of previously identified environmental effects, as well as to new environmental effects. This revisionis consistent with language in Guidelines Section 15162 (a) (3) (B), as ‘well as the analysis in Bowman; supra, at 1075, 1079-1081. — : Bubsection (a) (3). The major revisions to subsection (a) (3) clarify that a standard of reasonableness applies to the consideration of new information that could’ not have been known at the time the original EIR was certified or a negative declaration was adopted. Without reference to this standard, new information could be broadly susceptible to an argument that it could have been discovered earlier, even if only by use of extraordinary|means. subsection (a) (3) (A) - The revised Section 15162 (a) (3) (A) reflects the application of this ' gection to previous negative declarations as well as previous EIRs. 14 Exh. 12, p. 14 subsection (a) (3) (B). This is a minor change to clarify that the EIR referred to is the previous EIR and not the subsequent EIR under consideration. Subsection (a) (3)(C) and (D). Language is added to conform the subsections to the principle announced in Laurel Heights II that an EIR need not be recirculated if an alternative or mitigation measure becomes feasible for eliminating or lessening one or more of the significant effects of the project and the project proponent decides to implement the alternative or mitigation measure. The Supreme Court announced this principle for recirculation but was silent about applying the principle to a subsequent EIR. The court said that before certification, the policy of encouraging public comment should be favored but that after certification, the interests of finalityof decisions should be favored. JLaurel Heights II at 1130. If a project proponent can avoid recirculation of a revised EIR by implementing an alternative or mitigation measure in a situation where public comment is favored, therule should apply even more in the situation where a subsequent EIR could be required but finality of decisions is favored. As a result, the subsections are revised to provide that a subsequent EIR ‘would be required where a mitigation measure or alternative previously found infeasible becomes feasible or where a new and considerably different. mitigation measure or alternative becomes available, but only where the project proponents decline to adopt.the mitigation measure or alternative. subsection (a) (3) (D)« The revisions to subsection (a) (3) (D) make it clear that only some types of mitigation measure would trigger the subsequent EIR process. The holding of the California Court of Appeals in Bowman, supra, indicates that only substantial’ changes in a project merit preparation of a subsequent EIR. The revision is consistent with . Bowman's approach. subsection (b). The amendments to Subsection (b) apply the standards of Public Resource Code Section 21166 to previously adopted negative declarations, consistent with the holding in the Benton decision. | Describing the options available to a lead agency clarifies the procedure to be followed when changes occur to a project after the adoption of a negative declaration. A subsequent negative declaration is appropriate in such circumstances, if no subsequent EIR is required under Guidelines Section 15162(a) but the changes are greater than would be appropriate for the preparation of an addendum, Addenda are addressed in Section 15164, discussed below. Subsection (c). . The revisions include reference to subsequent negative declarations. This is necessary to conform the subsections with other language in the section, and to clarify the use of negative 15 _ Exh. 12, p. 15 declarations within the scope of the section. Subsection (d). The new language of Subsection (e) indicates that subsequentEIRs and subsequent negative declarations must receive the same notice and public review as required for EIRs under Section 15087 and for negative declarations under Section 15072 of the CEQA Guidelines. A subsequent EIR or negative declaration must also state where the previous document is available for review. These requirements come from Concerned Citizens of Costa Mesa, Inc. v. 32nd District Agricultural Association (1986) 42 Cal.3d 929 and Mira Monte Homeowners Association v. County of Ventura (1985) 165 Cal.App.3d 357 which ruled that a subsequent EIR must receive the same circulation and review as an ordinary EIR. The subsection applies the same concept to negative declarations as the courts would be expected to apply. Failure to provide full public review can lead to invalidation of project approval. See ULTRAMAR, Inc. v.« South Coast Air Quality Management District (1993) 17 Cal.App.4th. 689, 701-704. The changes are necessary to avoid invalidation of public decisions on projects. Alternatives to the Proposed Regulatory Action that Would Lessen — any Adverse Impact on Business. This action clarifies existing guidelines and allows greater deference to the lead agency's decision that no subsequent EIR is necessary, consistent with case law; it is not expected to have an adverse impact on business. The alternative of not including the limitation on subsequent EIRs where theproject proponents adopta new, feasible mitigation measure or alternative, would have been more costly to public project sponsors or to businesses sponsoring private projects than will be the approach chosen in the final. regulations. SECTION 15164. ADDENDUM TO AN EIR OR NEGATIVE DECLARATION. Public Problem, Administrative Requirement, or Other Condition or Circumstance that the Regulation Is Intended to Address. Section 15164 covers circumstances when changes arise or new information becomes available such. that a subsequent EIR is not required under Section 15162. Section 15164 provides foran addendum in these cases as a means for updating an existing EIR without requiring public review. Bpecific Purpose of the Regulation. The proposed revisions accomplish three objectives: 16 Exh. 12, p. 16 (1) Remove illogical and confusing language from the circumstances _ where an addendum may be prepared; (2) Permit addenda to adopted negative declarations as well as to certified EIRs, in order to provide streamlining where. appropriate; and (3) Clarify the pre-existing requirement for explanation of an agency's decision not to prepare a subsequent EIR when an addendum is prepared instead. Necessity and Explanation.. Subsection (a). The suggested revisions are intended to simplify and clarify the subsection. An addendum is appropriate when some changes or additions are necessary but a subsequent EIR is not required. The deleted language could be seen as adding additional conditions to an addendum that would create some situations where neither subsequent EIRs nor addenda, the only available choices, were appropriate. The revisions are intended to avoid this illogical and confusing situation. Bubsection (b). Subsection (b) allows addendato be prepared for adopted negative - declarations as well as for certified EIRs. There are several reasons for this addition.. a oo , 1) The California Court of Appeals in Benton v. Board. of Supervisors, 226 Cal. App. 3d 1467 (1991), made it clear that Section 15162 of the Guidelines applies to previous. negative declarations as well as previous EIRs. , 2) The revision is intended to streamline the review process by providing an alternative to anentirely new negative declaration when changesor additions to a project occur that do not require a subsequent EIR. This is in keeping with the line of cases starting with Bowman v. City of Petaluma, 185 Cal. App. 3d 1065 (1986), which have favored streamlined updating mechanisms once an EIR has been certified or a negative declaration has been adopted. 3) A @ifferent standard is required for the application of addenda to adopted negative declarations, distinct from addenda to certified EIRs. Section 15162 is triggered only by significant new or increased environmental effects. If an addendum to a negative declaration applied whenever Section 15162 was not triggered, subsequent negative declarations would never be prepared, since by definition they also lack the significant effects triggering Section 15162. However, the Benton decision specifically provided for subsequent negative declarations. | Addenda to negative 17 Exh. 12, p. 17 declarations must therefore be distinguished from subsequent negative declarations. The revised language limits an addendum to an adopted negative declaration to situations where the changesor additions are of a minor, technical nature. Subsections (c) and (d). . The revisions make minor changes by including negative declarations as well as EIRs as documents for which addenda may be appropriate. Subsection (e). Subsection (e) clarifies a pre-existing requirement for addenda. The purpose of an addendum is to serve as an update of a previous EIR or negative declaration when minor technical changes or additions occur. The decision of the lead agency notto prepare a subsequent EIR should be explained and supported by evidence somewhere in the official record of the project. . Alternatives to the Proposed Regulatory Action that Would Lessen any Adverse Impact on Business. This action clarifies potential -confusion in existing guidelines and permits the use of time-saving addenda to negative declarations where appropriate; the revision is not expected to have an adverse impact on business. SECTION 15378. PROJECT. Public Problem, Administrative Requirement, or Other Conditionor Circumstance that the Regulation is Intended to Address Section 15378 defines "project" for purposes of the California _ Environmental Quality Act (CEQA) Guidelines. Statutory changes and court decisions have occurred since the last update of the Guidelines which require clarification of that definition. Specific Purpose of the Regulation. ‘The definition of project establishes the range of actions which will be subject to CEQA. The proposed changes and additions are intended to update this definition to conform to recent legislation and court decisions. Necessity and Explanation. Subsection (b) (3). The change in subsection (b) (3), removing the reference to emergency repairs to public service facilities, is necessary to eliminate duplication. Public Resources Code section 21080(b) (2) 18 Exh. 12, p. 18 provides an exemption from the act for "emergency repairs to public service facilities necessary to maintain service." That exemption is referenced in section 15269(b) of the Guidelines which describes the statutory exemptions that apply to different kinds of emergency projects. Because these activities are already exempted from CEQA, -and described as exempt projects, it appeared that there was no need to define those activities as not being projects in order to exempt them from the act. The exemption of these emergency repairs is not affected by the repeal of this language from the definition of the term "project." Bubsection (b) (5). This subsection currently excludes the closing of a public school and the transfer of students to another school under specified circumstances from the definition of project. Two changes are proposed. The first is to delete its current contents. The second is to insert a new exclusion addressing government funding mechanisms or fiscal activities. The proposed deletion reflects new Public Resources Code Section 21080.18 which establishes a statutory exemption from CEQA. for school closures or student transfers when the only physical changes involved are exempt. The list of activities excluded from the definition of project contained in the Guidelines does not include actions which are statutorily exempt. Deletion of this subsection is necessary to maintain a consistent format within Section 15378. : The second proposed change would offer guidance for determining whether a financing action qualifiesas a project under CEQA. The appeal court in Kaufman and Broad-South Bay, Inc. v. Morgan Hill Unified School District 9 Cal.App.4th 464 (1992) held that creation of a financing district did not constitute a project under CEQA when financing issues alone are involved. The court reasonedthat unless there is a binding commitment to spend in a particular manner, a proposal may not be sufficiently advanced to allow a meaningful environmental review. Pursuant to Section 15004, choosing the precise time for CEQA compliance involves balancing the requirement that environmental analysis occur as early in the decision process as feasible, with the need to wait until such time as specific information is available to allowmeaningful analysis. In Fullerton Joint Union High School District v. State Board of. Education 32 Cal.3d 779 (1982), the California Supreme Court heldthat a key question in determining whether a proposalis a project under CEQA is whether governmental approval constitutes an essential step which would culminate in actions that may affectthe environment, or whether it portends no particular action affecting the environment. The proposed subsection would clarify and articulate those situations in which a financing action is not a project subject to CEQA, pursuant to recent court decisions and Section 15004 of the ' Guidelines. 19 Exh. 12, p. 19 Alternatives to the Proposed Regulatory Action that Would Lessen any Adverse Economic Impact on Business. This action clarifies existing guidelines; it is not expected to have an adverse impact on business. APPENDIX I. ENVIRONMENTAL CHECKLIST FORM. Public Problen, Administrative Requirement, or Other Condition or Circumstance that the Regulation is Intended to Address Appendix I is referenced by the existing CEQA Guidelines Section 15063(f), which discusses the format of the initial study. This guideline indicates that lead agencies may use Appendix I as a sample form for preparing initial studies. Appendix I imposes no additional requirements on public agencies, because they are free -to devise their own format for an initial study, as permitted by Section 15063(f). - The environmental checklist contained in Appendix I has not been revised since the early 1970's. Subsequent legislation, court decisions and evolutionary changes in CEQA practice require update of this appendix. Bpecific Purpose of the Regulation. ‘The environmental checklist provides an orderly format for achievingthe multiple purposes of the initial study discussed in Section 15063(c). The initial study can be used to decide whether an EIR is necessary, to document the factual basis for a proposed - negative declaration, to identify mitigation measures that may enable the project to qualify for anegative declaration, and to identify environmental effects where adequate earlier analyses may be used to avoid duplicative review (among other purposes). The amendments to the. checklist provide necessary update, as described above. a Necessity and Explanation. Background Material. The first page of the revised Appendix I would provide additional background material for the reviewer of the checklist. The revisions would add a contact person at the lead agency and his or her phone number; a project description and its location, general plan designation and zoning; a list of other agencies which require 20 Exh. 12, p. 20 approval (and permits needed); and a summary of environmental factors potentially affected. Contact Person. . This addition would facilitate the initial study consultation required by Public Resources Code Section 21080.3 by providing responsible and other agencies the name of a contact person within the lead agency to whom responses may be addressed. Project Location, General Plan Designation, Zoning and Description of the Project. ; , The addition of these categories of information is intended to facilitate the initial study consultation required by Public Resources Code Section 21080.3 by informing responsible and other agencies of the project's location, the planned uses of the site, and the characteristics of the project. This information is basic to disclosing and understanding the proposal being considered and allowing early identification of significant effects, alternatives, and mitigation measures as required under Public Resources Code Section 21003.1. An initial study lacking this information was held inadequate in Christward Ministry v. Superior Court, 184 Cal. App. 3d 180, 197 (1986). This information will also facilitate public review of initial studies. Other Agencies which Reguire Approval (and Permits Needed). This information would help the lead agency to identify those | agencies that would be expected to commenton the initial study, as provided under Public Resources Code Section 21003.1. It would also assist in determining when a proposed project is of statewide, regional or.areawide significance, as required pursuant to Public Resources Code Section 21083. oo Environmental Factors Potentially Affected. This addition would provide a summary of potentially significant effects for reviewers of the initial study. This summary will support Public Resources Code Section 21003.1's requirement that reviewers provide comment to the lead agency in a timely manner. The existing checklist provides three possible determinations of the appropriate environmental document for a project, based on its potential for significant effects on the environment. The amendments would add a fourth possible determination where an adequate earlier analysis can be applied to at least one of a project's effects. This determination would allow an EIR, if required, to focus on the effects that remain to be addressed. v el Exh. 12, p. 21 There are two preconditions for the use of this determination, the first requiring that "at least one effect ... has been adequately analyzed in an earlier document pursuant to applicable legal standards." CEQA provides numerous legal standards which might. be applied. As of July 1993 (there are frequent changes and additions to this list), these include: - (1) Public Resources Code Sections 21093 and 21094 and Guidelines Section 15152 ("Tiering") ; (2) Public Resources Code Section 21083.3 ("Use of a Certified EIR © for Subsequent Development") ; (3) Public Resources Code Section 21080.7 and Guidelines Section 15181 ("Housing and Neighborhood Commercial Facilities") ; (4) Guidelines Section 15168 ("Program EIRs") ; (5) Public Resources Code Section 21090 and Guidelines Section 15180 ("Redevelopment Projects") ; (6) Guidelines Section 15167 ("Staged EIR"); and (7) Guidelines Section 15169 ("Master Environmental Assessment"). Each of these authorities involves use of an earlier analysis from a larger project than the one under review. The adequate earlier analysis could also come from a previous EIR or negative declaration on the same project, pursuant to Public Resources Code Section 21166 and Guidelines Section 15162 ("Subsequent EIRs and . Negative Déclarations") and Guidelines Section 15164 ("Addendum to an EIR or Negative Declaration"). The second precondition is that "if the effect is ‘potentially significant’ or ‘potentially significant unless mitigated’, it has been addressed by mitigation measures based on the previous earlier analysis as described on the attached sheets." This requirement derives from the text of the statutory and Guidelines authorities discussed above (see, for example, Public Resources Code Section 21094(a), and Guidelines Section 15168 (c) (3)). The new determination is necessary to accommodate the streamlining devices discussed above, which have been added to CEQA since Appendix I was developed. The new determination also complies with Public Resources Section Code Section 21093,which requires EIRs to be tiered whenever feasible. Evaluation of Environmental Impacts. This is the main body of the checklist, titled "Environmental Impacts" in the existing Appendix I. The existing checklist 22 Exh. 12, p. 22 a structure for lead agencies to support their use of earlier analyses. EIR, This section is a companion to new determination that an if required, need only consider the project's effects that ‘yemain to be addressed. Lead agencies using earlier ana lyses ‘should identify the following: a) b) Cc) The earlier analyses used, and a place they are available for review (see, for example, Guidelines Section 15152(e)); — Impacts within the scope of and adequately analyzed by the earlier document (see, for example, Guidelines Sections 15152(d) and 15168(c)(5)); and Mitigation measures incorporated or refined from the earlier document (if an effect is. "potentially significant" or "potentially. significant unless mitigated"). See Public ResourcesCode Sections 21083.3 and 21094 (a), and Guidelines Section 15168(c) (3). 25 Exh, 12, p. 25 DECLARATION OF SERVICE Case Name: FRIENDS OF THE COLLEGE OF SAN MATEO GARDENSv. SAN MATEO COUNTY COMMUNITY COLLEGEDISTRICT Case No.: 8214061 I declare: I am employed in the Office of the Attorney General, whichis the office of a memberofthe California State Bar, at which member’s direction this service is made. I am 18 years of age or older and not a party to this matter; my business address is 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550. On June 15, 2016, I served the attached MOTION OF THE CALIFORNIA NATURAL RESOURCES AGENCY AND THE GOVERNOR’S OFFICE OF PLANNING AND RESEARCH FOR JUDICIAL NOTICE; SUPPORTING DECLARATIONS; [PROPOSED] ORDERbyplacing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Mail at Sacramento, California, addressed as follows: California Supreme Court Original + 13 copies Earl Warren Building 350 McAllister Street, Room 1295 Sent via Overnight (Golden State Overnight) San Francisco, CA 94102 California Court of Appeal 1 copy First Appellant District 350 McAllister Street Sent via Overnight (Golden State Overnight) San Francisco, CA 94102 Hon. Clifford Cretan 1 copy San Mateo County Superior Court 222 Paul Scannell Drive Sent via Overnight (Golden State Overnight) San Mateo, CA 94402 Susan Lynne Brandt-Hawley Attorney for Friends of the College of San Brandt-Hawley Law Group Mateo Gardens: Plaintiff and Respondent P.O. Box 1659 Glen Ellen, CA 95442 Sent via First-Class U.S. Mail Sabrina Vansteenki Teller Remy Moose and Manley LLP 555 Capitol Mall, Suite 800 Sacramento, CA 95814 James Grether Moose Remy Moose and Manley LLP 555 Capitol Mall, Suite 800 Sacramento, CA 95814 Attorney for San Mateo Community College District : Defendant and Appellant Sent via First-Class U.S. Mail Sabrina Vansteenki Teller Remy Moose and Manley LLP 555 Capitol Mall, Suite 800 Sacramento, CA 95814 James Grether Moose Remy Moose and Manley LLP 555 Capitol Mall, Suite 800 Sacramento, CA 95814 Attomey for District Board of Trustees for San Mateo Community College District: Defendant and Appellant Sent via First-Class U.S. Mail Olga Mikheeva Law Offices of Michael W. Stamp 479 Pacific Street, Suite 1 Monterey, CA 93940 Attorney for Open Monterey Project : Pub/Depublication Requestor '| Sent via First-Class U.S. Mail Andrew B. Sabey Cox Castle and Nicholson LLP 555 California Street, 10th Floor San Francisco, CA 94104 Linda C.Klein Cox Castle and Nicholson LLP 555 California Street, 10th Floor San Francisco, CA 94104 Attorney for California Building Industry Association : Amicus curiae Sent via First-Class U.S. Mail Andrew B. SabeyCox Castle and Nicholson LLP555 California Street, 10th FloorSan Francisco, CA 94104Linda C. KleinCox Castle and Nicholson LLP555 California Street, 10th FloorSan Francisco, CA 94104 Attorney for Building Industry Association ofthe Bay Area : AmicuscuriaeSent via First-Class U.S. Mail Andrew B. Sabey Cox Castle and Nicholson LLP 555 California Street, 10th Floor San Francisco, CA 94104 Linda C. Klein Cox Castle and Nicholson LLP 555 California Street, 10th Floor San Francisco, CA 94104 Attorney for California Business Properties Association : Amicus curiae Sent via First-Class U.S. Mail Joanna Lynn Meldrum Holland and Knight LLP 50 California St Ste 2800 San Francisco, CA 94111 Amanda Jean Monchamp Holland and Knight LLP 50 California Street, 28th Floor San Francisco, CA 94111 Attorney for The Regents of the University of California : Amicus curiae Sent via First-Class U.S. Mail Michael Ward Graf Law Offices of Michael W. Graf 227 BehrensStreet E] Cerrito, CA 94530 Attorney for High Sierra Rural Alliance: Amicuscuriae Sent via First-Class U.S. Mail Jan Chatten-Brown Chatten-Brown and Carstens 2200 Pacific Coast Highway, Suite 318 Hermosa Beach, CA 90254 AmyChristine Minteer Chatten-Brown and Carstens 2200 Pacific Coast Highway, Suite 318 Hermosa Beach, CA 90254 Attorney for California Preservation Foundation : Amicus curiae Sent via First-Class U.S, Mail Christian Lucier Marsh Downey Brand LLP 455 MarketStreet, Suite 1420 San Francisco, CA 94015 Attorney for California State Association ofCounties : AmicuscuriaeSent via First-Class U.S. Mail Christian Lucier Marsh Downey Brand LLP 455 MarketStreet, Suite 1420 San Francisco, CA 94015 Attorney for California State Association of Counties : Amicus curiae | Sent via First-Class U.S. Mail Christian Lucier Marsh Downey Brand LLP 455 Market Street, Suite 1420 San Francisco, CA 94015 Attorney for Association of California Water Agencies : Amicus curiae Sent via First-Class U.S. Mail Sara Hedgpeth-Harris Law Office of Sara Hedgpeth-Harris Inc. 5445 East Lane Avenue Fresno, CA 93727 Attorney for Association of Irritated Residents : Amicus Sent via First-Class U.S. Mail Sara Hedgpeth-Harris Law Office of Sara Hedgpeth-Harris Inc. 5445 East Lane Avenue Fresno, CA 93727 Attorney for Madera Oversight Coalition: Amicus curiae Sent via First-Class U.S. Mail Sara Hedgpeth-Harris Law Office of Sara Hedgpeth-Harris Inc. 5445 East Lane Avenue Fresno, CA 93727 Attorney for Revive the San Joaquin : Amicuscuriae Sent via First-Class U.S. Mail Sara Hedgpeth-HarrisLaw Office of Sara Hedgpeth-HarrisInc.5445 East Lane AvenueFresno, CA 93727 Attorney for Sierra Club : AmicuscuriaeSent via First-Class U.S. Mail I declare under penalty of perjury underthe laws of the Stateo Erika Thompson alifornia the foregoingis true 6, at Sacramento, California. Declarant
