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State
California Regulations
TITLE 14. NATURAL RESOURCES DIVISION 6. RESOURCES AGENCY

database is current through 09/22/06, Register 2006, No. 38

s 14100. Definitions.
All terms defined by Chapters 1 and 2, Statutes of 1971, First Extraordinary Session, and any amendments thereto, shall for the purpose of these rules and regulations be deemed to be used with the same force and effect as in said chapters except as expressly modified herein.

Note: Authority cited: Section 65570, Government Code. Reference: Sections 16107-16112, 16117, 16118, 51061, 51243, 51243.5, 51283 and 65563, Government Code.





s 14101. "Act" Defined.
"Act" as used in these rules and regulations consists of Sections 16140-16154, 51200-51297.4, 66474.4, 65563, 65570 of the Government Code, Section 33321.5 of the Health and Safety Code, and Sections 421-430.5 of the Revenue and Taxation Code and any amendments thereto.

Note: Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16142, 16144, 16154 and 65570, Government Code.





s 14102. Terms Defined.
As used in these regulations, the following terms shall have the meanings noted:
(a) "Secretary" means the Secretary for Resources, State of California.
(b) "Governing Body" means the governing body of any county, city, or city and county.
(c) "Authorized Representative" means the individual appointed and authorized by resolution of the governing body to act on behalf of the governing body.
(d) "Effective Date" means the last day on which an instrument meeting requirements under Section 422 of the Revenue and Taxation Code can be signed or accepted and recorded, and the instrument is effective for assessment purposes and state payment in the forthcoming fiscal year.
(e) "Application Report" means the application and the accompanying material described in these regulations submitted to the Secretary for the determination of the eligibility and entitlement of a governing body for state payments under the Open Space Subvention Act.
(f) "Contract," "Agreement," "Scenic Restriction," and "Open Space Easement," shall have the meanings as defined in Section 421 of the Revenue and Taxation Code.
(g) "Enforceable Restriction" shall have the meaning as defined in Section 422 of the Revenue and Taxation Code.
(h) "Prime agricultural land" has the same meaning as provided in Government Code section 51201(c).
(i) "Director" shall mean the Director of the Department of Conservation.
(j) "Continuing" contract shall mean a contract that is not undergoing nonrenewal.
(k) "Non-prime land" shall mean any land other than prime agricultural land.

Note: Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16142, 16144, 16154 and 65570, Government Code.




s 14110. Filing of Application Reports.
Application reports for state payment shall be filed with the Secretary on or before October 31 of the year in which application is made according to instructions and on forms provided by the Secretary.

Note: Authority cited: Sections 16144, 16154 and Government Code. Reference: Sections 16144, Government Code.




s 14110.1. Country Filing of Application Reports for Lands Within Cities.
A county may claim on its application restricted acreage within the boundaries of a city, if;
(a) the county and each affected city adopt concurrent resolutions authorizing the county to claim restricted acreage on behalf of the city, and acknowleging a joint responsibility to enforce the contracts pursuant to section 51251 of the Government Code;
(b) each affected city shall include in the resolution required by subsection (a) verification that rules governing administration of the contracts, pursuant to Government Code Section 51231, have been adopted;
(c) the county shall identify the city contract lands and participating cities on the county application and map, and;
(d) the county shall include the resolutions and map with each applicaiton report pursuant to Section 14110.

Note: Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16142, 16144, 16154 and 65570, Government Code.




s 14111. Material to Accompany Application Reports.
Each application report filed with the Secretary shall include the following material:
(a) A resolution by the governing body authorizing the filing of the report and designating an authorized representative.
(b) A tabulation on Forms 100 (4/01), 101 (8/02), 102 (8/02), 102A (4/01), 103 (8/02), 104 (4/01), 105 (4/01), 106 (4/01), 107 (4/01), 108 (4/01), 109 (4/01), 110 (4/01), 111 (4/01), 112 (4/01), 113 (8/02), and 114 (4/01) provided by the Secretary, and incorporated by reference, summarizing the number of acres of land under the governing bodies' regulatory jurisdiction on the effective date, by each of the various categories as set forth in Section 422 of the Revenue and Tax Code qualified for state payments and the amounts of the state payments claimed pursuant to Section 16144 of the Government Code in accordance with the provisions in these regulations. The tabulation of non-prime lands shall indicate, by acreage, the section 14112(c) category under which payment is requested. The tabulation shall be certified by the authorized representative that the data given are correct and meet the criteria set forth in Section 14112 herein.
(c) A map showing the lands in the categories tabulated in (b) above. For the application report submitted for fiscal year 2000/2001, the map may be submitted in any reasonable form that certifies the land for which subvention payment is claimed. Beginning with the application report submitted for fiscal year 2001/2002, the map must be prepared as follows:
(1) The map must include the following information:
(A) The location and category of all lands tabulated in accordance with sub-section (b), above.
(B) The location and category of all enforceably restricted lands enrolled under contracts entered into pursuant to Section 51240 of the Government Code that are not otherwise tabulated in accordance with sub-section (b), above.
(C) If applicable, the location and type of enforceable restriction, as defined in Revenue and Taxation Code Section 422 for a scenic restriction entered into prior to January 1, 1975, an open space easement, or a wildlife habitat contract for which subventions are claimed.
(D) The boundaries of agricultural preserves established pursuant to Section 51230 of the Government Code.
(2) For all maps submitted pursuant to this section, the following production standards must be followed:
(A) The boundaries of all lands specified by sub-section (1), above, must be clearly and precisely delineated.
(B) Areas of 40 acres or more of lands specified by sub-section (1), above, must be shown on the map.
(C) Delineation within each parcel must be made, whenever possible, to indicate distinctions between land categories that exist within the parcel or parcels.
(3) Local governmental jurisdiction that use a computer-based mapping system for the purpose of mapping the location of lands specified by sub-section (1), above, may submit the map in a digital, electronic file format that is accessible by the Department. For map submittals of this type, the following additional production standards must be followed:
(A) Boundaries of land specified by sub-section (1), above, which are bounded by physical or cultural features, must accurately coincide with those features as the features are represented on reliable and readily available base maps such as the United States Geological Survey Topographic Quadrangle Map Series.
(B) The delineation of lands specified under subsection (1), above, must be based on original information no smaller than 1:125,000 in scale.
(C) The digital, electronic map file must include written documentation containing the following information: 1) the scale, map projection system, if any, and map coordinate system, if any, that was used to create and store the digital, electronic map file; and 2) a description of the computer-based mapping system used to create the digital, electronic map file, including the name of any proprietary file format.
(4) Local governmental jurisdictions that do not use a computer-based mapping system for the purpose of recording the location of lands specified under sub-section (1), above, must submit a map produced using a stable, durable material such as presentation-grade drafting film or paper. For map submittals of this type, the following additional production standards must be followed:
(A) Prominent physical and cultural features, such as county or city boundaries, major transportation routes, drainage courses, inland water bodies, and major population centers, must be clearly represented. Wherever the boundaries of lands specified by sub-section (1) above, coincide with such features, the boundaries must be represented in such a way that it is clear to the reader of the map that the boundary in fact coincides with the physical or cultural feature.
(B) The preferred scale for production is 1:100,000; the map must be produced at a scale no smaller than 1:125,000 and no larger than 1:60,000. The scale used must be clearly identified on the map.
(C) The type of map projection system used must be clearly identified on the map.
(D) Labeled reference marks or grid lines must be used whenever possible to indicate the location of the area depicted on the map relative to a commonly used coordinate system such as the public lands survey system or latitude and longitude.
(5) Local governmental jurisdictions may request consultation and technical assistance from the Department for the purpose of meeting the requirements of sub-sections (1-4) above.
(6) Local governmental jurisdictions that submit maps substantially meeting the criteria listed under sub-sections (1-4) above, may, on or before December 31 of each year, request that the Department incorporate the map submitted pursuant to this section into the Department's own computer-based mapping system. Contingent upon the availability of necessary resources the Department may incorporate within its computer-based mapping system the original map as submitted by the local governmental jurisdiction. If the local governing body chooses to adopt this file as its official map for purposes of meeting the requirements of this section, the following criteria shall apply in lieu of the normal requirement to submit an original map with each annual application report:
(A) For the year immediately following that for which the local governmental jurisdiction's initial map file with the Department is current, and for every second year thereafter, the local governmental jurisdiction must submit copies of assessor parcel maps that depict the location of parcels affected by changes to the number of acres of land specified under sub-section (1) above.
(B) For the second year immediately following that for which the local governmental jurisdiction's initial map file is current, and for every second year thereafter, the local governmental jurisdiction must submit materials needed to update the map file. The materials supplied by the local governmental jurisdiction for this purpose must be adequate to allow the map file to be updated in a manner consistent with the guidelines listed under subsections (1- 4) above.
(d) A sample of each form of contract, agreement, scenic restriction, or open space easement used for placing land under enforceable restrictions if:
(1) The format of the document has been changed since the last application report; or
(2) A governing body is submitting an application report for the first time.
(e) If changed since the previous year's application report was filed with the Secretary, or not otherwise previously provided, the governing body's rules for the administration of agricultural preserves, including an enumeration of compatible uses as required by Government Code Section 51231 and any amendments thereof, as well as the governing body's designation of minimum parcel sizes for lands in agricultural preserves and/or subject to contract and rules governing the subdivision of lands subject to contract.
(f) If changed since the previous year's application report, and unless otherwise available through the California Environmental Resources Evaluation System (CERES), the open space element pursuant to Article 10.5, Chapter 3, Division 1 of Title 7 of the Government Code of the governing body's general plan, including a map of open space lands designated in the open space element, if available.
(g) A listing of all enforceable restrictions which were terminated, including the acreage involved, in the intervening year through any of the following:
(1) completion of contract nonrenewal pursuant to Government Code Section 51246.
(2) annexation pursuant to a city protest filed prior to January 1, 1991 pursuant to Government Code sections 51243-51243.5 The County shall also provide the name of the City and date of the resolution pursuant to Government Code Section 56844.2 that the City will not to succeed to the contract.
(3) contract rescision pursuant to Government Code Section 51256.
(4) cancellation pursuant to Government Code Sections 51280-51286 and 51297. The City or County shall specify the date of the final cancellation and the amount of the cancellation fee.
(5) acquisition for a public improvement pursuant to Government Code Section 51295, including a brief description of the public improvement.
(h) A list of contracts and corresponding acreage for which nonrenewal has been initiated in the intervening year pursuant to Government Code Section 51245.
(i) A list of all continuing contracts or other enforceable restrictions on land annexed by a city pursuant, including the name and address of the city assuming jurisdiction over the restriction.
(j) Such other material as the Secretary may require.

Note: Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16142, 16142.1, 16144, 16154, 51207 and 65570, Government Code.




s 14112. Determination of Eligibility.
(a) Eligibility of land for payment shall be determined in accordance with the provisions of the Act and these regulations. Land, which in the opinion of the Secretary is eligible, must be subject to an enforceable restriction and must have been assessed pursuant to Section 423, 423.3, 423.4, 423.5, or 426 if previously assessed under Revenue and Taxation Code section 423.4 and eligible pursuant to Government Code section 16142(c), and the governing body having jurisdiction over the land must have a local open space plan as required by Section 65563 of the Government Code. However, to be eligible, the land assessed pursuant to one of the above code sections need not be designated as open space in the plan, except as noted in the following subdivisions.
(b) The Secretary shall be the final judge of whether nonprime land devoted to open space use is of statewide significance. Only those nonprime lands devoted to open space use as defined in Section 51201 and Section 65560 of the Government Code which are designated for open space use in a local open space plan and which meet the criteria set forth in subdivision (c) shall be considered as land devoted to open space use of statewide significance and eligible for payment.
(c) Land shall be deemed to be devoted to open space use of statewide significance within the meaning of this section and Section 16143 of the Government Code if it meets at least one of the following criteria:
(1) Areas of outstanding scientific, scenic and recreation value.
(2) Areas which are required as habitat for significant fish and wildlife resources, including rare and endangered species.
(3) Forest and agricultural lands which are judged to be of major importance in meeting future needs for food, fiber, and timber.
(4) Areas which provide green space and open areas in and around high-density metropolitan development.
(5) Areas which are required to provide needed access to coastal beaches, lakeshores, and riverbanks.
(6) Areas which require special development regulation because of hazardous or special conditions, such as earthquake fault zones, unstable slide areas, flood plains, and watersheds.
(7) Areas which serve as connecting links between major public recreation and open space sites, such as utility easements, streambanks, trails, and scenic highway corridors.
(8) Areas of major historic or cultural interest.
(d) When determining whether enforceably restricted land meets the definition of prime agricultural land pursuant to Government Code section 51201(c)(1) and (2), a participating local government shall rely on the most current information suitable for that purpose. When determining whether enforceably restricted land meets the definition of prime agricultural land pursuant to Government Code section 51201(c)(3), (4) or (5), a participating local government shall rely on information derived from the assessment for the year in which the subvention claim is made, pursuant to subdivision (a) of this section."
(e) Agricultural conservation easements executed and approved pursuant to the provisions of Public Resources Code section 10200 through 10277 or Government Code sections 51256 and 51256.1 shall be eligible for payment.

Note: Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16140, 16141, 16142, 16143, 51201, 51256 and 51256.1, Government Code; and Section 10211, Public Resources Code.




s 14113. Computation of the Amount of Entitlement.
The necessary computations to determine the amount of entitlement under the Act shall be made on a parcel-by-parcel basis by the governing body in accordance with Section 16142 of the Government Code, and the provisions of these regulations.
(a) To determine the total entitlement for each parcel that exceeds 40 acres, computations shall be made for all categories of open space land within the single parcel. Entitlements for parcels of 40 acres or less shall be determined by the category to which the major part of the area is assigned. Computations shall be made to the nearest 10 acres or less. Nothing in this subsection shall apply to any determination of the minimum legal size pursuant to Government Code Sections 51222, 66474.4, and/or any applicable State or local ordinance or rule regarding enrollment or subdivision of legal parcels subject to an enforceable restriction.
(b) The following types of lands shall not be entitled to payment:
(1) Acreage devoted to residential use and assessed pursuant to Section 428 of the Revenue and Taxation Code.
(2) Acreage assessed under Section 426, unless previously assessed under Revenue and Taxation Code section 423.4 and eligible pursuant to 16142(c) of the Government Code;
(3) Acreage enforceably restricted pursuant to the Open Space Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of Part 1 of Division 1 of Title 5 of the Government Code);
(4) Parcels subject to contracts which are of less than 40 acres for Open Space Land of Statewide Significance, unless such parcels are contiguous to other restricted lands comprising more than 40 acres total, are subject to a written joint management agreement involving noncontiguous parcels which total more than 40 acres, or the board or council specifically finds these parcels will sustain commercial agricultural use; or
(5) Contracted acreage which is valued lower under Revenue and Taxation Code Section 110.1 than under Revenue and Taxation Code Section 423, 423.3 or 423.5.

Note: Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16140, 16141, 16142 and 51222, Government Code.




s 14114. Retention of Computations.
Governing bodies shall retain all computations and supporting documents for determining the amount of entitlement and will make them available to the Secretary, Director, State Board of Equalization or State Controller for audit upon request. Where such documents are otherwise privileged or confidential, such records shall not become public records upon transfer to a State agency as provided in this subsection. Retention of records regarding assessment of lands shall be for a period of six years. Retention of other records regarding contract administration and enforcement, including but not limited to compatible use determinations, subdivision and permit approvals, and cancellation decisions and valuations pursuant to Section 51283 of the Government Code, shall continue as long as the effected contract remains in effect plus nine years.

Note: Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16146 and 16154, Government Code.




s 14115. Incomplete Application Records.
If the Secretary determines that an application report is improperly completed or incomplete, the governing body, upon written notification by the Department, shall re-submit or submit additional information requested by the Department.

Note: Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 16144 and 16146, Government Code.




s 14116. Review by Secretary.
Upon receipt of a properly completed application report, the Secretary will review it to determine the eligibility of the local government to receive payment and the amount to which it is entitled in accordance with the provisions of Section 16144 of the Government Code.

Note: Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Section 16144, Government Code.




s 14117. Certification of Payment.
The Secretary, after determining the amount to which the governing body is entitled, shall certify the amount to the State Controller for payment.
(a) Annual entitlements may be certified for payment by the Secretary beginning in August of each year as the review of each application report pursuant to Section 14110 in completed, and in the order that each is determined to be complete and accurate.
(b) Application reports received after April 30 shall not be certified for paument by the Secretary until all application reports recived pursuant to Section 14110 prior to April 30 have been certified for payment. The Secretary may delay payments on application reports recieved after April 30 until the following fiscal year. Notwithstanding Section 14118 reports recieved after October 31 of the following fiscal year are not eligible for payment.

Note: Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Section 16144, Government Code.




s 14118. Adjustments.
New or additional information pertaining to eligibility or entitlement may be submitted by a governing body at any time up to and including October 31 of the year following submission of the application report to which the information pertains. Based on this information, the Secretary may make supplemental reports to the State Controller in accordance with Section 16144 of the Government Code.
(b) Where the Secretary determines that an overpayment was made, deductions against en entitlement paid in accordance with provisions of Section 14113 may be made in subsequent years to correct such overpayment. When changes to entitlement claims are due to corrections in governing body records, or improvements to record-keeping sustems, the governing body shall provide, when requested by the Secretay, documentation of the changes on a contract-by-contract or parcel-by-parcel basis. In addition, the Secrery may deduct cancellation fees which have not been collected or transmitted within the time frame required by Section 51283 of the Government Code.

Note: Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Section 16144, Government Code.




s 14119. Determination of Ineligibility; Failure to Enforce.
(a) In the event the Department finds that the Act as defined in this chapter, or any enforceable restriction, is violated by a county or city receiving open space subventions, the Department shall notify that city or county that the violation may result in a determination of ineligibility for open space subvertions pursuant to Government Code 16146. Within 60 calendar days of recieving such notice, the city or county may request a hearing to contest the finding that a violation has occurrred. Should the city or county fail to respond to this notice, otherwise fail to remendy the violation, or if the Department's finding of a violation be upheld following a hearing, the Director may certify to the controller that the city or county is ineligible to receive open space subventions.
(b) Nothing in this section shall limit the Secretary or Director's authority to otherwise pursue enforcement actions authorized by other state laws including but not limited to Government Code sections 16147 or 51294. A determination regarding subventions pursuant to this section shall not be construed as terminating the enforceable restriction in questions.

Note: Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Section 16144, Government Code.




s 14120. Hearings.
(a) Upon receiving notification of a violation pursuant to section 14119, or notification of an adjustment pursuant to section 14118, the city or county shall have the right to request an informal hearing with the Department of Conservation pursuant to Government Code section 11445.10 et seq.
(b) Within 60 calendar days from receipt of a notification of a violation or notification of an adjustment, the city or county may deliver or mail to the director of the Department, a written request for a hearing. Such request shall include a statement of the basis for contesting the notice.
(c) The director of the department shall schedule the hearing no more than 45 calendar days from receipt of the city or county's written request, and shall notify the city or county in writing of the date set for the hearing.
(d) Failure to submit a written request for a hearing within 60 calendar days from receipt of a notification of a violation or an adjustment shall constitute a waiver of the city or county's right to a hearing.
(e) The director shall make a determination based upon review of the facts, information, and evidence presented at the hearing.
(f) The city or county shall be notified of the director's determination in writing within 15 calendar days from the date of the hearing.

Note: Authority cited: Sections 16146 and 65570, Government Code. Reference: Sections 16146 and 11445.20(c), Government Code.




s 14125. Waiver of Cancellation Fee for Terminating Open Space Easements and Agricultural Preserve Contracts.
In accordance with Sections 51061 and 51283 of the Government Code, when a governing body finds it in the public interest to waive the fee for abandoning open space easements or cancelling any Land Conservation Act contract or agreement for agricultural preserves and that such waiver or extension of time to pay following final cancellation otherwise comports with the requirements of Government Code sections 51061 or 51283, the governing body shall make a request for approval of the waiver by the Secretary and provide the following information:
(a) Date of the public hearing as required by Sections 51284 and 51061 of the Government Code.
(b) A map showing the assessor's parcel number, size and location of the parcel and the relationship of the parcel to adjoining parcels.
(c) Present land use of the parcel.
(d) Proposed land use of the parcel and when the change in land use will occur.
(e) The amount of the cancellation or abandonment fee and the basis for its calcution, including how the valuation of the land pursuant to Subsections 51283(a) or 51061 was determined. A statement of the conditions shall be submitted for partial waivers.
(f) A narrative fully explaining the basis for cancellation or abandonment, including approved findings a detailed summary of substantial evidence to support each finding, and the reason or reasons for determining that a waiver of the cancellation or abandonment fee is in the public interest pursuant to Sections 51283(c)(2) or 51061 of the Government Code.

Note: Authority cited: Sections 16144, 16154 and 65570, Government Code. Reference: Sections 51061 and 51283, Government Code.







Note: Authority cited: Section 162, Harbors and Navigation Code .





s 15000. Authority.
The regulations contained in this chapter are prescribed by the Secretary for Resources to be followed by all state and local agencies in California in the implementation of the California Environmental Quality Act. These Guidelines have been developed by the Office of Planning and Research for adoption by the Secretary for Resources in accordance with Section 2108-3. Additional information may be obtained by writing:
Secretary for Resources Room 1311, 1416 Ninth Street Sacramento, CA 95814
These Guidelines are binding on all public agencies in California.

Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21082 and 21083, Public Resources Code; City of Santa Ana v. City of Garden Grove, (1979) 100 Cal. App. 3d 521.





s 15001. Short Title.
These Guidelines may be cited as the "State CEQA Guidelines." Existing references to the "State EIR Guidelines" shall be construed to be references to the "State CEQA Guidelines."

Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21083, Public Resources Code.






s 15002. General Concepts.
(a) Basic Purposes of CEQA. The basic purposes of CEQA are to:
(1) Inform governmental decision makers and the public about the potential, significant environmental effects of proposed activities.
(2) Identify ways that environmental damage can be avoided or significantly reduced.
(3) Prevent significant, avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the governmental agency finds the changes to be feasible.
(4) Disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose if significant environmental effects are involved.
(b) Governmental Action. CEQA applies to governmental action. This action may involve:
(1) Activities directly undertaken by a governmental agency,
(2) Activities financed in whole or in part by a governmental agency, or
(3) Private activities which require approval from a governmental agency.
(c) Private Action. Private action is not subject to CEQA unless the action involves governmental participation, financing, or approval.
(d) Project. A "project" is an activity subject to CEQA. The term "project" has been interpreted to mean far more than the ordinary dictionary definition of the term. See Section 15378.
(e) Time for Compliance. A governmental agency is required to comply with CEQA procedures when the agency proposes to carry out or approve the activity. See Section 15004.
(f) Environmental Impact Reports and Negative Declarations. An environmental impact report (EIR) is the public document used by the governmental agency to analyze the significant environmental effects of a proposed project, to identify alternatives, and to disclose possible ways to reduce or avoid the possible environmental damage.
(1) An EIR is prepared when the public agency finds substantial evidence that the project may have a significant effect on the environment. See Section 15064(a)(1).
(2) When the agency finds that there is no substantial evidence that a project may have a significant environmental effect, the agency will prepare a "Negative Declaration" instead of an EIR. See Section 15070.
(g) Significant Effect on the Environment. A significant effect on the environment is defined as a substantial adverse change in the physical conditions which exist in the area affected by the proposed project. See Section 15382. Further, when an EIR identifies a significant effect, the government agency approving the project must make findings on whether the adverse environmental effects have been substantially reduced or if not, why not. See Section 15091.
(h) Methods for Protecting the Environment. CEQA requires more than merely preparing environmental documents. The EIR by itself does not control the way in which a project can be built or carried out. Rather, when an EIR shows that a project could cause substantial adverse changes in the environment, the governmental agency must respond to the information by one or more of the following methods:
(1) Changing a proposed project;
(2) Imposing conditions on the approval of the project;
(3) Adopting plans or ordinances to control a broader class of projects to avoid the adverse changes;
(4) Choosing an alternative way of meeting the same need;
(5) Disapproving the project;
(6) Finding that changes in, or alterations, the project are not feasible.
(7) Finding that the unavoidable, significant environmental damage is acceptable as provided in Section 15093.
(i) Discretionary Action. CEQA applies in situations where a governmental agency can use its judgment in deciding whether and how to carry out or approve a project. A project subject to such judgmental controls is called a "discretionary project." See Section 15357.
(1) Where the law requires a governmental agency to act on a project in a set way without allowing the agency to use its own judgment, the project is called "ministerial," and CEQA does not apply. See Section 15369.
(2) Whether an agency has discretionary or ministerial controls over a project depends on the authority granted by the law providing the controls over the activity. Similar projects may be subject to discretionary controls in one city or county and only ministerial controls in another. See Section 15268.
(j) Public Involvement. Under CEQA, an agency must solicit and respond to comments from the public and from other agencies concerned with the project. See Sections 15073, 15086, 15087 and 15088.
(k) Three Step Process. An agency will normally take up to three separate steps in deciding which document to prepare for a project subject to CEQA.
(1) In the first step the lead agency examines the project to determine whether the project is subject to CEQA at all. If the project is exempt, the process does not need to proceed any farther. The agency may prepare a notice of exemption. See Sections 15061 and 15062.
(2) If the project is not exempt, the lead agency takes the second step and conducts an initial study (Section 15063) to determine whether the project may have a significant effect on the environment. If the initial study shows that there is no substantial evidence that the project may have a significant effect, the lead agency prepares a negative declaration. See Sections 15070 et seq.
(3) If the initial study shows that the project may have a significant effect, the lead agency takes the third step and prepares an EIR. See Sections 15080 et seq.
(l) Certified Equivalent Programs. A number of environmental regulatory programs have been certified by the Secretary of the Resources Agency as involving essentially the same consideration of environmental issues as is provided by use of EIRs and negative declarations. Certified programs are exempt from preparing EIRs and negative declarations but use other documents instead. Certified programs are discussed in Article 17 and are listed in Section 15251.
(m) This section is intended to present the general concepts of CEQA in a simplified and introductory manner. If there are any conflicts between the short statement of a concept in this section and the provisions of other sections of these guidelines, the other sections shall prevail.

Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code; No Oil, Inc. v. City of Los Angeles, 13 Cal. 3d 68 (1974); Running Fence Corp. v. Superior Court, 15 Cal. App. 3d 400 (1975).






s 15003. Policies.
In addition to the policies declared by the Legislature concerning environmental protection and administration of CEQA in Sections 21000, 21001, 21002, and 21002.1 of the Public Resources Code, the courts of this state have declared the following policies to be implicit in CEQA:
(a) The EIR requirement is the heart of CEQA. (County of Inyo v. Yorty, 32 Cal. App. 3d 795.)
(b) The EIR serves not only to protect the environment but also to demonstrate to the public that it is being protected. (County of Inyo v. Yorty, 32 Cal. App. 3d 795.)
(c) The EIR is to inform other governmental agencies and the public generally of the environmental impact of a proposed project. (No Oil, Inc. v. City of Los Angeles, 13 C. 3d 68.)
(d) The EIR is to demonstrate to an apprehensive citizenry that the agency has, in fact, analyzed and considered the ecological implications of its action. (People ex rel. Department of Public Works v. Bosio, 47 Cal. App. 3d 495.)
(e) The EIR process will enable the public to determine the environmental and economic values of their elected and appointed officials thus allowing for appropriate action come election day should a majority of the voters disagree. (People v. County of Kern, 39 Cal. App. 3d 830.)
(f) CEQA was intended to be interpreted in such a manner as to afford the fullest possible protection to the environment within the reasonable scope of the statutory language. (Friends of Mammoth v. Board of Supervisors, 8 Cal. 3d 247.)
(g) The purpose of CEQA is not to generate paper, but to compel government at all levels to make decisions with environmental consequences in mind. (Bozung v. LAFCO(1975) 13 Cal.3d 263)
(h) The lead agency must consider the whole of an action, not simply its constituent parts, when determining whether it will have a significant environmental effect. (Citizens Assoc. For Sensible Development of Bishop Area v. County of Inyo(1985) 172 Cal.App.3d 151)
(i) CEQA does not require technical perfection in an EIR, but rather adequacy, completeness, and a good-faith effort at full disclosure. A court does not pass upon the correctness of an EIR's environmental conclusions, but only determines if the EIR is sufficient as an informational document. (Kings County Farm Bureau v. City of Hanford(1990) 221 Cal.App.3d 692)
(j) CEQA requires that decisions be informed and balanced. It must not be subverted into an instrument for the oppression and delay of social, economic, or recreational development or advancement. (Laurel Heights Improvement Assoc. v. Regents of U.C.(1993) 6 Cal.4th 1112 andCitizens of Goleta Valley v. Board of Supervisors(1990) 52 Cal.3d 553)

Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.





s 15004. Time of Preparation.
(a) Before granting any approval of a project subject to CEQA, every lead agency or responsible agency shall consider a final EIR or negative declaration or another document authorized by these guidelines to be used in the place of an EIR or negative declaration. See the definition of "approval" in Section 15352.
(b) Choosing the precise time for CEQA compliance involves a balancing of competing factors. EIRs and negative declarations should be prepared as early as feasible in the planning process to enable environmental considerations to influence project program and design and yet late enough to provide meaningful information for environmental assessment.
(1) With public projects, at the earliest feasible time, project sponsors shall incorporate environmental considerations into project conceptualization, design, and planning. CEQA compliance should be completed prior to acquisition of a site for a public project.
(2) To implement the above principles, public agencies shall not undertake actions concerning the proposed public project that would have a significant adverse effect or limit the choice of alternatives or mitigation measures, before completion of CEQA compliance. For example, agencies shall not:
(A) Formally make a decision to proceed with the use of a site for facilities which would require CEQA review, regardless of whether the agency has made any final purchase of the site for these facilities, except that agencies may designate a preferred site for CEQA review and may enter into land acquisition agreements when the agency has conditioned the agency's future use of the site on CEQA compliance.
(B) Otherwise take any action which gives impetus to a planned or foreseeable project in a manner that forecloses alternatives or mitigation measures that would ordinarily be part of CEQA review of that public project.
(3) With private projects, the Lead Agency shall encourage the project proponent to incorporate environmental considerations into project conceptualization, design, and planning at the earliest feasible time.
(c) The environmental document preparation and review should be coordinated in a timely fashion with the existing planning, review, and project approval processes being used by each public agency. These procedures, to the maximum extent feasible, are to run concurrently, not consecutively. When the lead agency is a state agency, the environmental document shall be included as part of the regular project report if such a report is used in its existing review and budgetary process.

Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003, 21061 and 21105, Public Resources Code; Friends of Mammoth v. Board of Supervisors, (1972) 8 Cal. 3d 247; Mount Sutro Defense Committee v. Regents of the University of California, (1978) 77 Cal. App. 3d 20.





s 15005. Terminology.
The following words are used to indicate whether a particular subject in the Guidelines is mandatory, advisory, or permissive:
(a) "Must" or "shall" identifies a mandatory element which all public agencies are required to follow.
(b) "Should" identifies guidance provided by the Secretary for Resources based on policy considerations contained in CEQA, in the legislative history of the statute, or in federal court decisions which California courts can be expected to follow. Public agencies are advised to follow this guidance in the absence of compelling, countervailing considerations.
(c) "May" identifies a permissive element which is left fully to the discretion of the public agencies involved.

Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21082 and 21083, Public Resources Code.





s 15006. Reducing Delay and Paperwork.
Public agencies should reduce delay and paperwork by:
(a) Integrating the CEQA process into early planning. (15004(c))
(b) Ensuring the swift and fair resolution of lead agency disputes. (15053)
(c) Identifying projects which fit within categorical exemptions and are therefore exempt from CEQA processing. (15300.4)
(d) Using initial studies to identify significant environmental issues and to narrow the scope of EIRs. (15063)
(e) Using a negative declaration when a project not otherwise exempt will not have a significant effect on the environment. (15070)
(f) Using a previously prepared EIR when it adequately addresses the proposed project. (15153)
(g) Consulting with state and local responsible agencies before and during preparation of an environmental impact report so that the document will meet the needs of all the agencies which will use it. (15083)
(h) Urging applicants, either before or after the filing of an application, to revise projects to eliminate possible significant effects on the environment, thereby enabling the project to qualify for a negative declaration rather than an environmental impact report. (15063(c)(2))
(i) Integrating CEQA requirements with other environmental review and consulting requirements. (Public Resources Code Section 21080.5)
(j) Eliminating duplication with federal procedures by providing for joint preparation of environmental documents with federal agencies and by adopting completed federal NEPA documents. (15227)
(k) Emphasizing consultation before an environmental impact report is prepared, rather than submitting adversary comments on a completed document. (15082(b))
(l) Combining environmental documents with other documents such as general plans. (15166)
(m) Eliminating repetitive discussions of the same issues by using environmental impact reports on programs, policies, or plans and tiering from reports of broad scope to those of narrower scope. (15152)
(n) Reducing the length of environmental impact reports by means such as setting appropriate page limits. (15141)
(o) Preparing analytic rather than encyclopedic environmental impact reports. (15142)
(p) Mentioning only briefly issues other than significant ones in EIRs. (15143)
(q) Writing environmental impact reports in plain language. (15140)
(r) Following a clear format for environmental impact reports. (15120)
(s) Emphasizing the portions of the environmental impact report that are useful to decision-makers and the public and reducing emphasis on background material. (15143)
(t) Using incorporation by reference. (15150)
(u) Making comments on environmental impact reports as specific as possible. (15204)

Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003 and 21083, Public Resources Code.





s 15007. Amendments.
(a) These guidelines will be amended from time to time to match new developments relating to CEQA.
(b) Amendments to the guidelines apply prospectively only. New requirements in amendments will apply to steps in the CEQA process not yet undertaken by the date when agencies must comply with the amendments.
(c) If a document meets the content requirements in effect when the document is set out for public review, the document shall not need to be revised to conform to any new content requirements in guideline amendments taking effect before the document is finally approved.
(d) Public agencies shall comply with new requirements in amendments to the guidelines beginning with the earlier of the following two dates:
(1) The effective date of the agency's procedures amended to conform to the new guideline amendments; or
(2) The 120th day after the effective date of the guideline amendments.
(e) Public agencies may implement any permissive or advisory elements of the guidelines beginning with the effective date of the guideline amendments.

Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21082-21086, Public Resources Code; Stevens v. City of Glendale, 125 Cal. App. 3d 986.





s 15020. General.
Each public agency is responsible for complying with CEQA and these Guidelines. A public agency must meet its own responsibilities under CEQA and shall not rely on comments from other public agencies or private citizens as a substitute for work CEQA requires the lead agency to accomplish. For example, a lead agency is responsible for the adequacy of its environmental documents. The lead agency shall not knowingly release a deficient document hoping that public comments will correct defects in the document.

Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21082, 21082.1, Public Resources Code; Russian Hill Improvement Association v. Board of Permit Appeals, 44 Cal. App. 3d 158 (1975).






s 15021. Duty to Minimize Environmental Damage and Balance Competing Public Objectives.
(a) CEQA establishes a duty for public agencies to avoid or minimize environmental damage where feasible.
(1) In regulating public or private activities, agencies are required to give major consideration to preventing environmental damage.
(2) A public agency should not approve a project as proposed if there are feasible alternatives or mitigation measures available that would substantially lessen any significant effects that the project would have on the environment.
(b) In deciding whether changes in a project are feasible, an agency may consider specific economic, environmental, legal, social, and technological factors.
(c) The duty to prevent or minimize environmental damage is implemented through the findings required by Section 15091.
(d) CEQA recognizes that in determining whether and how a project should be approved, a public agency has an obligation to balance a variety of public objectives, including economic, environmental, and social factors and in particular the goal of providing a decent home and satisfying living environment for every Californian. An agency shall prepare a statement of overriding considerations as described in Section 15093 to reflect the ultimate balancing of competing public objectives when the agency decides to approve a project that will cause one or more significant effects on the environment.

Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000, 21001, 21002, 21002.1 and 21081, Public Resources Code; San Francisco Ecology Center v. City and County of San Francisco, (1975) 48 Cal. App. 3d 584; Laurel Hills Homeowners Association v. City Council, (1978) 83 Cal. App. 3d 515.





s 15022. Public Agency Implementing Procedures.
(a) Each public agency shall adopt objectives, criteria, and specific procedures consistent with CEQA and these Guidelines for administering its responsibilities under CEQA, including the orderly evaluation of projects and preparation of environmental documents. The implementing procedures should contain at least provisions for:
(1) Identifying the activities that are exempt from CEQA. These procedures should contain:
(A) Provisions for evaluating a proposed activity to determine if there is no possibility that the activity may have a significant effect on the environment.
(B) A list of projects or permits over which the public agency has only ministerialauthority. (continued)