Section 8449.4 - Means of Avoiding Redundancy in Preparing EIR(a) In preparing the enterprise zone EIR, the applicant shall not be precluded from using where applicable: (1) an earlier EIR or EIRs prepared in connection with an earlier project or projects in accordance with and subject to section 15153 of the CEQA guidelines;(2) tiering in accordance with and subject to section 15152 of the CEQA guidelines;(3) incorporation by reference in accordance with and subject to section 15150 of the CEQA guidelines; or(4) a subsequent EIR, supplement to an EIR, or an addendum to an EIR in accordance with and subject to sections 15162, 15163, and 15164 of the CEQA guidelines.(b) If an applicant is to use an EIR or EIRs from an earlier project or projects, then all of the following shall apply: (1) the notice of preparation shall explain that the applicant intends to use an EIR or EIRs from an earlier project or projects for the enterprise zone application;(2) the notice of preparation shall not be required to be distributed, circulated, or sent to any persons, except the Agency;(3) instead of preparing, circulating, and submitting two copies of a notice of completion of draft EIR, the applicant shall prepare, circulate, and submit two copies of a notice pursuant to section 15153(b)(2) of the CEQA guidelines;(4) instead of preparing and submitting two copies of a draft enterprise zone EIR, the applicant shall submit two copies of the EIR or EIRs relied on from an earlier project or projects; and(5) instead of preparing and submitting two copies of a final enterprise zone EIR, the applicant shall prepare and submit two copies of the responses to comments prepared in accordance with section 15153(b)(3) of the CEQA guidelines.(c) If an applicant is to use a subsequent EIR, supplement to an EIR,or an addendum to an EIR, then the subsequent EIR, supplement, or addendum shall serve as the enterprise zone EIR.(d) If an applicant is to use tiering or incorporation by reference, they shall be used in conjunction with a newly prepared enterprise zone EIR.Cal. Code Regs. Tit. 25, § 8449.4
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed on 10-1-90. For prior history, see Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending subsection (b)(2) filed 6-15-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 24).
4. Change without regulatory effect renumbering title 10, section 5628 to title 25, section 8449.4 filed 7-19-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 29). Note: Authority cited: Section 7076, Government Code; and Section 21082, Public Resources Code. Reference: Section 7075, Government Code.
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed on 10-1-90. For prior history, see Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending subsection (b)(2) filed 6-15-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 24).
4. Change without regulatory effect renumbering title 10, section 5628 to title 25, section 8449.4 filed 7-19-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 29).