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(continued) r to
certification of the environmental impact report, adoption of the
negative declaration, or making the determination pursuant to
subdivision (c) of Section 21157.1.
(b) (1) The notice shall specify the period during which comments
will be received on the draft environmental report or negative
declaration, and shall include the date, time, and place of any
public meetings or hearings on the proposed project, a brief
description of the proposed project and its location, the significant
effects on the environment, if any, anticipated as a result of the
project, and the address where copies of the draft environmental
impact report or negative declaration, and all documents referenced
in the draft environmental impact report or negative declaration, are
available for review.
(2) This section shall not be construed in any manner that results
in the invalidation of an action because of the alleged inadequacy
of the notice content, provided that there has been substantial
compliance with the notice content requirements of this section.
(3) The notice required by this section shall be given to the last
known name and address of all organizations and individuals who have
previously requested notice and shall also be given by at least one
of the following procedures:
(A) Publication, no fewer times than required by Section 6061 of
the Government Code, by the public agency in a newspaper of general
circulation in the area affected by the proposed project. If more
than one area will be affected, the notice shall be published in the
newspaper of largest circulation from among the newspapers of general
circulation in those areas.
(B) Posting of notice by the lead agency on- and off-site in the
area where the project is to be located.
(C) Direct mailing to the owners and occupants of contiguous
property shown on the latest equalized assessment roll.
(c) For any project involving the burning of municipal wastes,
hazardous waste, or refuse-derived fuel, including, but not limited
to, tires, meeting the qualifications of subdivision (d), notice
shall be given to all organizations and individuals who have
previously requested notice and shall also be given by at least the
procedures specified in subparagraphs (A), (B), and (C) of paragraph
(3) of subdivision (b). In addition, notification shall be given by
direct mailing to the owners and occupants of property within
one-fourth of a mile of any parcel or parcels on which is located a
project subject to this subdivision. This subdivision does not apply
to any project for which notice has already been provided as of July
14, 1989, in compliance with this section as it existed prior to
July 14, 1989.
(d) The notice requirements of subdivision (c) apply to both of
the following:
(1) The construction of a new facility.
(2) The expansion of an existing facility which burns hazardous
waste which would increase its permitted capacity by more than 10
percent. For purposes of this paragraph, the amount of expansion of
an existing facility shall be calculated by comparing the proposed
facility capacity with whichever of the following is applicable:
(A) The facility capacity approved in the facility's hazardous
waste facilities permit pursuant to Section 25200 of the Health and
Safety Code or its grant of interim status pursuant to Section
25200.5 of the Health and Safety Code, or the facility capacity
authorized in any state or local agency permit allowing the
construction or operation of a facility for the burning of hazardous
waste, granted before January 1, 1990.
(B) The facility capacity authorized in the facility's original
hazardous waste facilities permit, grant of interim status, or any
state or local agency permit allowing the construction or operation
of a facility for the burning of hazardous waste, granted on or after
January 1, 1990.
(e) The notice requirements specified in subdivision (b) or (c)
shall not preclude a public agency from providing additional notice
by other means if the agency so desires, or from providing the public
notice required by this section at the same time and in the same
manner as public notice otherwise required by law for the project.
21092.1. When significant new information is added to an
environmental impact report after notice has been given pursuant to
Section 21092 and consultation has occurred pursuant to Sections
21104 and 21153, but prior to certification, the public agency shall
give notice again pursuant to Section 21092, and consult again
pursuant to Sections 21104 and 21153 before certifying the
environmental impact report.
21092.2. The notices required pursuant to Sections 21080.4,
21083.9, 21092, 21108, and 21152 shall be mailed to every person who
has filed a written request for notices with either the clerk of the
governing body or, if there is no governing body, the director of
the agency. If the agency offers to provide the notices by e-mail,
upon filing a written request for notices, a person may request that
the notices be provided to him or her by e-mail. The request may
also be filed with any other person designated by the governing body
or director to receive these requests. The agency may require
requests for notices to be annually renewed. The public agency may
charge a fee, except to other public agencies, that is reasonably
related to the costs of providing this service. This section may not
be construed in any manner that results in the invalidation of an
action because of the failure of a person to receive a requested
notice, provided that there has been substantial compliance with the
requirements of this section.
21092.3. The notices required pursuant to Sections 21080.4 and
21092 for an environmental impact report shall be posted in the
office of the county clerk of each county in which the project will
be located and shall remain posted for a period of 30 days. The
notice required pursuant to Section 21092 for a negative declaration
shall be so posted for a period of 20 days, unless otherwise required
by law to be posted for 30 days. The county clerk shall post the
notices within 24 hours of receipt.
21092.4. (a) For a project of statewide, regional, or areawide
significance, the lead agency shall consult with transportation
planning agencies and public agencies which have transportation
facilities within their jurisdictions which could be affected by the
project. Consultation shall be conducted in the same manner as for
responsible agencies pursuant to this division, and shall be for the
purpose of the lead agency obtaining information concerning the
project's effect on major local arterials, public transit, freeways,
highways, and rail transit service within the jurisdiction of a
transportation planning agency or a public agency which is consulted
by the lead agency. A transportation planning agency or public
agency which provides information to the lead agency shall be
notified of, and provided with copies of, environmental documents
pertaining to the project.
(b) As used in this section, "transportation facilities" includes
major local arterials and public transit within five miles of the
project site and freeways, highways, and rail transit service within
10 miles of the project site.
21092.5. (a) At least 10 days prior to certifying an environmental
impact report, the lead agency shall provide a written proposed
response to a public agency on comments made by that agency which
conform with the requirements of this division. Proposed responses
shall conform with the legal standards established for responses to
comments on draft environmental impact reports. Copies of responses
or the environmental document in which they are contained, prepared
in conformance with other requirements of this division and the
guidelines adopted pursuant to Section 21083, may be used to meet the
requirements imposed by this section.
(b) The lead agency shall notify any public agency which comments
on a negative declaration, of the public hearing or hearings, if any,
on the project for which the negative declaration was prepared. If
notice to the commenting public agency is provided pursuant to
Section 21092, the notice shall satisfy the requirement of this
subdivision.
(c) Nothing in this section requires the lead agency to respond to
comments not received within the comment periods specified in this
division, to reopen comment periods, or to delay acting on a negative
declaration or environmental impact report.
21092.6. (a) The lead agency shall consult the lists compiled
pursuant to Section 65962.5 of the Government Code to determine
whether the project and any alternatives are located on a site which
is included on any list. The lead agency shall indicate whether a
site is on any list not already identified by the applicant. The
lead agency shall specify the list and include the information in the
statement required pursuant to subdivision (f) of Section 65962.5 of
the Government Code, in the notice required pursuant to Section
21080.4, a negative declaration, and a draft environmental impact
report. The requirement in this section to specify any list shall
not be construed to limit compliance with this division.
(b) If a project or any alternatives are located on a site which
is included on any of the lists compiled pursuant to Section 65962.5
of the Government Code and the lead agency did not accurately specify
or did not specify any list pursuant to subdivision (a), the
California Environmental Protection Agency shall notify the lead
agency specifying any list with the site when it receives notice
pursuant to Section 21080.4, a negative declaration, and a draft
environmental impact report. The California Environmental Protection
Agency shall not be liable for failure to notify the lead agency
pursuant to this subdivision.
(c) This section applies only to projects for which applications
have not been deemed complete pursuant to Section 65943 of the
Government Code on or before January 1, 1992.
21093. (a) The Legislature finds and declares that tiering of
environmental impact reports will promote construction of needed
housing and other development projects by (1) streamlining regulatory
procedures, (2) avoiding repetitive discussions of the same issues
in successive environmental impact reports, and (3) ensuring that
environmental impact reports prepared for later projects which are
consistent with a previously approved policy, plan, program, or
ordinance concentrate upon environmental effects which may be
mitigated or avoided in connection with the decision on each later
project. The Legislature further finds and declares that tiering is
appropriate when it helps a public agency to focus upon the issues
ripe for decision at each level of environmental review and in order
to exclude duplicative analysis of environmental effects examined in
previous environmental impact reports.
(b) To achieve this purpose, environmental impact reports shall be
tiered whenever feasible, as determined by the lead agency.
21094. (a) Where a prior environmental impact report has been
prepared and certified for a program, plan, policy, or ordinance, the
lead agency for a later project that meets the requirements of this
section shall examine significant effects of the later project upon
the environment by using a tiered environmental impact report, except
that the report on the later project need not examine those effects
which the lead agency determines were either (1) mitigated or avoided
pursuant to paragraph (1) of subdivision (a) of Section 21081 as a
result of the prior environmental impact report, or (2) examined at a
sufficient level of detail in the prior environmental impact report
to enable those effects to be mitigated or avoided by site specific
revisions, the imposition of conditions, or by other means in
connection with the approval of the later project.
(b) This section applies only to a later project which the lead
agency determines (1) is consistent with the program, plan, policy,
or ordinance for which an environmental impact report has been
prepared and certified, (2) is consistent with applicable local land
use plans and zoning of the city, county, or city and county in which
the later project would be located, and (3) is not subject to
Section 21166.
(c) For purposes of compliance with this section, an initial study
shall be prepared to assist the lead agency in making the
determinations required by this section. The initial study shall
analyze whether the later project may cause significant effects on
the environment that were not examined in the prior environmental
impact report.
(d) All public agencies which propose to carry out or approve the
later project may utilize the prior environmental impact report and
the environmental impact report on the later project to fulfill the
requirements of Section 21081.
(e) When tiering is used pursuant to this section, an
environmental impact report prepared for a later project shall refer
to the prior environmental impact report and state where a copy of
the prior environmental impact report may be examined.
21095. (a) The Resources Agency, in consultation with the Office of
Planning and Research, shall develop an amendment to Appendix G of
the state guidelines, for adoption pursuant to Section 21083, to
provide lead agencies an optional methodology to ensure that
significant effects on the environment of agricultural land
conversions are quantitatively and consistently considered in the
environmental review process.
(b) The Department of Conservation, in consultation with the
United States Department of Agriculture pursuant to Section 658.6 of
Title 7 of the Code of Federal Regulations, and in consultation with
the Resources Agency and the Office of Planning and Research, shall
develop a state model land evaluation and site assessment system,
contingent upon the availability of funding from non-General Fund
sources. The department shall seek funding for that purpose from
non-General Fund sources, including, but not limited to, the United
States Department of Agriculture.
(c) In lieu of developing an amendment to Appendix G of the state
guidelines pursuant to subdivision (a), the Resources Agency may
adopt the state model land evaluation and site assessment system
developed pursuant to subdivision (b) as that amendment to Appendix
G.
21096. (a) If a lead agency prepares an environmental impact report
for a project situated within airport land use compatibility plan
boundaries, or, if an airport land use compatibility plan has not
been adopted, for a project within two nautical miles of a public
airport or public use airport, the Airport Land Use Planning Handbook
published by the Division of Aeronautics of the Department of
Transportation, in compliance with Section 21674.5 of the Public
Utilities Code and other documents, shall be utilized as technical
resources to assist in the preparation of the environmental impact
report as the report relates to airport-related safety hazards and
noise problems.
(b) A lead agency shall not adopt a negative declaration for a
project described in subdivision (a) unless the lead agency considers
whether the project will result in a safety hazard or noise problem
for persons using the airport or for persons residing or working in
the project area.
21098. (a) For the purposes of this section, the following terms
have the following meanings:
(1) "Low-level flight path" includes any flight path for any
aircraft owned, maintained, or that is under the jurisdiction of the
United States Department of Defense that flies lower than 1,500 feet
above ground level, as indicated in the United States Department of
Defense Flight Information Publication, "Area Planning Military
Training Routes: North and South America (AP/1B)" published by the
United States National Imagery and Mapping Agency.
(2) "Military impact zone" includes any area, including airspace,
that meets both of the following criteria:
(A) Is within two miles of a military installation, including, but
not limited to, any base, military airport, camp, post, station,
yard, center, homeport facility for a ship, or any other military
activity center that is under the jurisdiction of the United States
Department of Defense.
(B) Covers greater than 500 acres of unincorporated land, or
greater than 100 acres of city incorporated land.
(3) "Military service" means any branch of the United States Armed
Forces.
(4) "Special use airspace" means the land area underlying the
airspace that is designated for training, research, development, or
evaluation for a military service, as that land area is established
by the United States Department of Defense Flight Information
Publication, "Area Planning: Special Use Airspace: North and South
America (AP/1A)" published by the United States National Imagery and
Mapping Agency.
(b) If the United States Department of Defense or a military
service notifies a lead agency of the contact office and address for
the military service and the specific boundaries of a low-level
flight path, military impact zone, or special use airspace, the lead
agency shall submit notices, as required pursuant to Sections 21080.4
and 21092, to the military service if the project is within those
boundaries and any of the following apply:
(1) The project includes a general plan amendment.
(2) The project is of statewide, regional, or areawide
significance.
(3) The project is required to be referred to the airport land use
commission, or appropriately designated body, pursuant to Article
3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of
Division 9 of the Public Utilities Code.
(c) The requirement to submit notices imposed by this section does
not apply to any of the following:
(1) Response actions taken pursuant to Chapter 6.8 (commencing
with Section 25300) of Division 20 of the Health and Safety Code.
(2) Response actions taken pursuant to Chapter 6.85 (commencing
with Section 25396) of Division 20 of the Health and Safety Code.
(3) Sites subject to corrective action orders issued pursuant to
Section 25187 of the Health and Safety Code.
(d) (1) The effect or potential effect that a project may have on
military activities does not itself constitute an adverse effect on
the environment for the purposes of this division.
(2) Notwithstanding paragraph (1), a project's impact on military
activities may cause, or be associated with, adverse effects on the
environment that are subject to the requirements of this division,
including, but not limited to, Section 21081.