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(continued) a lead agency as soon as it has completed a draft EIR and is prepared to send out copies for review. The contents of this notice are explained in Section 15085.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code.
s 15373. Notice of Determination.
"Notice of determination" means a brief notice to be filed by a public agency after it approves or determines to carry out a project which is subject to the requirements of CEQA. The contents of this notice are explained in Sections 15075 and 15094.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21108(a) and 21152, Public Resources Code.
s 15374. Notice of Exemption.
"Notice of exemption" means a brief notice which may be filed by a public agency after it has decided to carry out or approve a project and has determined that the project is exempt from CEQA as being ministerial, categorically exempt, an emergency, or subject to another exemption from CEQA. Such a notice may also be filed by an applicant where such a determination has been made by a public agency which must approve the project. The contents of this notice are explained in Section 15062.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21108(b) and 21152(b), Public Resources Code.
s 15375. Notice of Preparation.
"Notice of preparation" means a brief notice sent by a lead agency to notify the responsible agencies, trustee agencies, the Office of Planning and Research, and involved federal agencies that the lead agency plans to prepare an EIR for the project. The purpose of the notice is to solicit guidance from those agencies as to the scope and content of the environmental information to be included in the EIR. Public agencies are free to develop their own formats for this notice. The contents of this notice are described in Section 15082.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21080.4, Public Resources Code.
s 15376. Person.
"Person" includes any person, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, district, city, county, city and county, town, the state, and any of the agencies and political subdivisions of such entities, and, to the extent permitted by federal law, the United States, or any of its agencies or political subdivisions.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21066, Public Resources Code.
s 15377. Private Project.
A "private project" means a project which will be carried out by a person other than a governmental agency, but the project will need a discretionary approval from one or more governmental agencies for:
(a) A contract or financial assistance, or
(b) A lease, permit, license, certificate, or other entitlement for use.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21065, Public Resources Code.
s 15378. Project.
(a) "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of the following:
(1) An activity directly undertaken by any public agency including but not limited to public works construction and related activities clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, and the adoption and amendment of local General Plans or elements thereof pursuant to Government Code Sections 65100-65700.
(2) An activity undertaken by a person which is supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies.
(3) An activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.
(b) Project does not include:
(1) Proposals for legislation to be enacted by the State Legislature;
(2) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making (except as they are applied to specific instances covered above);
(3) The submittal of proposals to a vote of the people of the state or of a particular community that does not involve a public agency sponsored initiative. (Steinv.City of Santa Monica, (1980) 110 Cal. App. 3d 458; Friends of Sierra Madre v. City of Sierra Madre(2001) 25 Cal.4th 165);
(4) The creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
(5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
(c) The term "project" refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term "project" does not mean each separate governmental approval.
(d) Where the lead agency could describe the project as either the adoption of a particular regulation under subdivision (a)(1) or as a development proposal which will be subject to several governmental approvals under subdivisions (a)(2) or (a)(3), the lead agency shall describe the project as the development proposal for the purpose of environmental analysis. This approach will implement the lead agency principle as described in Article 4.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. v. Morgan Hill Unified School District, (1992) 9 Cal.App.4th 464; and Fullerton Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; Simi Valley Recreation and Park District v. Local Agency Formation Commission of Ventura County (1975) 51 Cal.App.3d 648; and Communities for a Better Environment v. California Resources Agency (2002) 103 Cal.App.4th 98.
s 15379. Public Agency.
"Public agency" includes any state agency, board, or commission and any local or regional agency, as defined in these guidelines. It does not include the courts of the state. This term does not include agencies of the federal government.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21063, Public Resources Code.
s 15380. Endangered, Rare or Threatened Species.
(a) "Species" as used in this section means a species or subspecies of animal or plant or a variety of plant.
(b) A species of animal or plant is:
(1) "Endangered" when its survival and reproduction in the wild are in immediate jeopardy from one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, disease, or other factors; or
(2) "Rare" when either:
(A) Although not presently threatened with extinction, the species is existing in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or
(B) The species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and may be considered "threatened" as that term is used in the Federal Endangered Species Act.
(c) A species of animal or plant shall be presumed to be endangered, rare or threatened, as it is listed in:
(1) Sections 670.2 or 670.5, Title 14, California Code of Regulations; or
(2) Title 50, Code of Federal Regulations Sections 17.11 or 17.12 pursuant to the Federal Endangered Species Act as rare, threatened, or endangered.
(d) A species not included in any listing identified in subdivision (c) shall nevertheless be considered to be endangered, rare or threatened, if the species can be shown to meet the criteria in subdivision (b).
(e) This definition shall not include any species of the Class Insecta which is a pest whose protection under the provisions of CEQA would present an overwhelming and overriding risk to man as determined by:
(1) The Director of Food and Agriculture with regard to economic pests; or
(2) The Director of Health Services with regard to health risks.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21001(c), Public Resources Code.
s 15381. Responsible Agency.
"Responsible agency" means a public agency which proposes to carry out or approve a project, for which a lead agency is preparing or has prepared an EIR or negative declaration. For the purposes of CEQA, the term "responsible agency" includes all public agencies other than the lead agency which have discretionary approval power over the project.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002.1, 21069, 21080.1, 21080.3, 21080.4, 21167.2 and 21167.3, Public Resources Code.
s 15382. Significant Effect on the Environment.
"Significant effect on the environment" means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21068, 21083, 21100 and 21151, Public Resources Code; Hecton v. People of the State of California, 58 Cal. App. 3d 653.
s 15383. State Agency.
"State agency" means a governmental agency in the executive branch of the State Government or an entity which operates under the direction and control of an agency in the executive branch of State Government and is funded primarily by the State Treasury.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21100, Public Resources Code.
s 15384. Substantial Evidence.
(a) "Substantial evidence" as used in these guidelines means enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Whether a fair argument can be made that the project may have a significant effect on the environment is to be determined by examining the whole record before the lead agency. Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, or evidence of social or economic impacts which do not contribute to or are not caused by physical impacts on the environment does not constitute substantial evidence.
(b) Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080, 21082.2, 21168 and 21168.5, Public Resources Code; No Oil, Inc. v. City of Los Angeles(1974) 13 Cal. 3d 68; Running Fence Corp. v. Superior Court (1975) 51 Cal. App. 3d 400; Friends of B Street v. City of Hayward (1980) 106 Cal. App. 3d 988.
s 15385. Tiering.
"Tiering" refers to the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs or ultimately site-specific EIRs incorporating by reference the general discussions and concentrating solely on the issues specific to the EIR subsequently prepared. Tiering is appropriate when the sequence of EIRs is:
(a) From a general plan, policy, or program EIR to a program, plan, or policy EIR of lesser scope or to a site-specific EIR.
(b) From an EIR on a specific action at an early stage to a subsequent EIR or a supplement to an EIR at a later stage. Tiering in such cases is appropriate when it helps the lead agency to focus on the issues which are ripe for decision and exclude from consideration issues already decided or not yet ripe.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21003, 21061 and 21100, Public Resources Code.
s 15386. Trustee Agency.
"Trustee agency" means a state agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. Trustee agencies include: (a) The California Department of Fish and Game with regard to the fish and wildlife of the state, to designated rare or endangered native plants, and to game refuges, ecological reserves, and other areas administered by the department.
(b) The State Lands Commission with regard to state owned "sovereign" lands such as the beds of navigable waters and state school lands.
(c) The State Department of Parks and Recreation with regard to units of the State Park System.
(d) The University of California with regard to sites within the Natural Land and Water Reserves System.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.3 and 21080.4, Public Resources Code.
s 15387. Urbanized Area.
"Urbanized area" means a central city or a group of contiguous cities with a population of 50,000 or more, together with adjacent densely populated areas having a population density of at least 1,000 persons per square mile. A lead agency shall determine whether a particular area meets the criteria in this section either by examining the area or by referring to a map prepared by the U.S. Bureau of the Census which designates the area as urbanized. Maps of the designated urbanized areas can be found in the California EIR Monitor of February 7, 1979. The maps are also for sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The maps are sold in sets only as Stock Number 0301-3466. Use of the term "urbanized area" in Section 15182 is limited to areas mapped and designated as urbanized by the U.S. Bureau of the Census.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Sections 21080.7, 21083 and 21084, Public Resources Code.
Appendix A
CEQA PROCESS FLOW CHART
APPENDIX B
AREAS OF SPECIAL EXPERTISE OF STATE DEPARTMENTS IN SUBJECTS OF ENVIRONMENTAL CONCERN
Air quality and air pollution control
Chemical contamination and food products
Coastal areas, wetlands, estuaries, waterfowl refuges and beaches
Rodent control
Fish and wildlife
Herbicides
Food additives and food sanitation
Disease control
Congestion in urban areas, housing and building displacement
Electric energy generation and supply
Flood plains and watersheds
Environmental effects with special im - pact in low-income neighborhoods
Historic and archaeological sites
Human ecology
Microbiological contamination
Mineral land reclamation
Natural gas energy development generation and supply
Navigable airways
Navigable waterways
Noise control and abatement
Parks, forests, trees and outdoor recreation areas
Pesticides
Radiation and radiological health
Regional comprehensive planning
Sanitation and waste systems
Shellfish sanitation
Soil and plant life, sedimentation, erosion, and hydrologic conditions
Toxic materials
Transportation and handling of hazardous materials
Water quality and water pollution control
Activities with special impact on regional jurisdictions
Seismic Hazards
Open Space policy
Statewide overview -cumulative impact of separate projects
Statewide land use patterns
Water project formulation
Geothermal energy
Oil and petroleum development, generation and supply
Air quality and air pollution control
Chemical contamination and food products
Coastal areas, wetlands, estuaries, waterfowl refuges and beaches
Rodent control
Fish and wildlife
Herbicides
Food additives and food sanitation
Disease control
Congestion in urban areas, housing and building displacement
Electric energy generation and supply
Flood plains and watersheds
Environmental effects with special im - pact in low-income neighborhoods
Historic and archaeological sites
Human ecology
Microbiological contamination
Mineral land reclamation
Natural gas energy development generation and supply
Navigable airways
Navigable waterways
Noise control and abatement
Parks, forests, trees and outdoor recreation areas
Pesticides
Radiation and radiological health
Regional comprehensive planning
Sanitation and waste systems
Shellfish sanitation
Soil and plant life, sedimentation, erosion, and hydrologic conditions
Toxic materials
Transportation and handling of hazardous materials
Water quality and water pollution control
Activities with special impact on regional jurisdictions
Seismic Hazards
Open Space policy
Statewide overview -cumulative impact of separate projects
Statewide land use patterns
Water project formulation
Geothermal energy
Oil and petroleum development, generation and supply
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.
Appendix B
Footnotes
No.
1. Food and Agriculture -Effects on plants and animals.
2. Food and Agriculture -Protection of food and fiber.
3. Food and Agriculture -Agricultural, dairy and feed lot systems.
4. Food and Agriculture -As pertains to transportation, handling, storage and decontamination of pesticides.
5. Food and Agriculture -Pesticide effects, predatory animal control, bird control.
6. California Highway Patrol -Enforcement of motor vehicle regulations.
7. Health Services -Beach sanitation, water pollution, solid waste and mosquito control.
8. Health Services -Pertains to health component.
9. Health Services -Most of these are strongly related to health.
10. Health Services -Pertains to noise.
11. Health Services -Pertains to personal and environmental health components.
12. Health Services -As it may pertain to human health hazards.
13. Health Services -Pertains to comprehensive health planning.
14. Colorado River Board -As pertains to the Colorado, New and Alamo Rivers. 15. Fish and Game -As field development and distribution systems may affect fish and wildlife.
16. Fish and Game -As may affect migrating and resident wildlife.
17. Fish and Game -As excessive noise may affect wildlife.
18. Fish and Game -As water quality may affect fish and wildlife.
19. Parks and Recreation -In impacted areas only.
20. Reclamation Board -In areas of Board's jurisdiction only -the Sacramento-San Joaquin Valley.
21. State Water Resources Control Board -As may pertain to water quality.
22. Forestry -With respect to forest land.
23. Forestry -(6) and (32) -As related to fire protection or State (fire protection) responsibility land.
24. Air Resources Board -(4), (22), (32), (33), and (36) -As may pertain to residential, commercial, industrial or transportation growth.
25. San Francisco Bay Conservation and Development Commission -(3), (17), (19), and (30) -With respect to San Francisco Bay, Suisun Bay and adjacent shore areas.
26. California Coastal Commission -(3), (4), (6), (8), (11), (12), (14), (15), (17), (19), (22), (23), (26), (29), (30), (31), (34), (35), and (36) - With respect to effects within the California Coastal Zone.
27. California Tahoe Regional Planning Agency -With respect to effects in the Tahoe Basin.
28. Native American Heritage Commission -With respect to places of special religious or social significance to Native Americans including archaeological sites, cemeteries, and places of worship.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.3, 21080.4, 21104, and 21153, Public Resources Code.
Appendix C Notice of Completion & Environmental Document Transmittal
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code.
Appendix D Notice of Determination
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21000-21174, Public Resources Code.
Appendix E
Notice of Exemption
TO: ( ) Office of Planning and Research FROM:
1400 Tenth Street
Sacramento, California 95814
( ) County Clerk
County of ______________________________
________________________________________
________________________________________
________________________________________________________________
Project Title
________________________________________________________________
Project Location -Specific
________________________________________________________________
Project Location -City Project Location -County
________________________________________________________________
Description of Nature, Purpose, and Beneficiaries of Project
________________________________________________________________
Name of Public Agency Approving Project
________________________________________________________________
Name of Person or Agency Carrying Out Project
Exempt Status: (Check One)
______Ministerial (Sec. 15073)
______Declared Emergency (Sec. 15071(a))
______Emergency Project (Sec. 15071(b) and (c))
______Categorical Exemption. State type and section number:
________________________________________________________________
Reasons why project is exempt:
________________________________________________________________
Contact Person Area Code Telephone Extension
________________________________________________________________
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project?
Yes___ No___
Date Received for Filing __________________________________
Signature
__________________________________
Title
Note: Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Sections 21108, 21152 and 21167, Public Resources Code.
Appendix F
Energy Conservation
I. Introduction
The goal of conserving energy implies the wise and efficient use of energy. The means of achieving this goal include:
(1) decreasing overall per capita energy consumption,
(2) decreasing reliance on natural gas and oil, and
(3) increasing reliance on renewable energy sources.
In order to assure that energy implications are considered in project decisions, the California Environmental Quality Act requires that EIRs include a discussion of the potential energy impacts of proposed projects, with particular emphasis on avoiding or reducing inefficient, wasteful and unnecessary consumption of energy.
Energy conservation implies that a project's cost effectiveness be reviewed not only in dollars, but also in terms of energy requirements. For many projects, lifetime costs may be determined more by energy efficiency than by initial dollar costs.
II. EIR Contents
Potentially significant energy implications of a project should be considered in an EIR. The following list of energy impact possibilities and potential conservation measures is designed to assist in the preparation of an EIR. In many instances specific items may not apply or additional items may be needed.
A. Project Description may include the following items:
1. Energy consuming equipment and processes which will be used during construction, operation and/or removal of the project. If appropriate, this discussion should consider the energy intensiveness of materials and equipment required for the project.
2. Total energy requirements of the project by fuel type and end use.
3. Energy conservation equipment and design features.
4. Initial and life-cycle energy costs or supplies.
5. Total estimated daily trips to be generated by the project and the additional energy consumed per trip by mode.
B. Environmental Setting may include existing energy supplies and energy use patterns in the region and locality.
C. Environmental Impacts may include:
1. The project's energy requirements and its energy use efficiencies by amount and fuel type for each stage of the project's life cycle including construction, operation, maintenance and/or removal. If appropriate, the energy intensiveness of materials maybe discussed.
2. The effects of the project on local and regional energy supplies and on requirements for additional capacity.
3. The effects of the project on peak and base period demands for electricity and other forms of energy.
4. The degree to which the project complies with existing energy standards.
5. The effects of the project on energy resources.
6. The project's projected transportation energy use requirements and its overall use of efficient transportation alternatives.
D. Mitigation Measures may include:
1. Potential measures to reduce wasteful, inefficient and unnecessary consumption of energy during construction, operation, maintenance and/or removal. The discussion should explain why certain measures were incorporated in the project and why other measures were dismissed.
2. The potential of siting, orientation, and design to minimize energy consumption, including transportation energy.
3. The potential for reducing peak energy demand.
4. Alternate fuels (particularly renewable ones) or energy systems.
5. Energy conservation which could result from recycling efforts.
E. Alternatives should be compared in terms of overall energy consumption and in terms of reducing wasteful, inefficient and unnecessary consumption of energy.
F. Unavoidable Adverse Effects may include wasteful, inefficient and unnecessary consumption of energy during the project construction, operation, maintenance and/or removal that cannot be feasibly mitigated.
G. Irreversible Commitment of Resources may include a discussion of how the project preempts future energy development or future energy conservation.
H. Short-Term Gains versus Long-Term Impacts can be compared by calculating the energy costs over the lifetime of the project.
I. Growth Inducing Effects may include the estimated energy consumption of growth induced by the project.
Note: Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Sections 21000-21176. Public Resources Code.
Appendix G
Appendix H
Environmental Information Form
(To be completed by applicant)
Date Filed ____________________
GENERAL INFORMATION
1. Name and address of developer or project sponsor: __________ __________
2. Address of project: __________ Assessor's Block and Lot Number __________
3. Name, address, and telephone number of person to be contacted concerning this project: __________ __________
4. Indicate number of the permit application for the project to which this form pertains: __________ __________
5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: __________ __________
6. Existing zoning district: __________
7. Proposed use of site (Project for which this form is filed): __________
PROJECT DESCRIPTION
8. Site size.
9. Square footage.
10. Number of floors of construction.
11. Amount of off-street parking provided.
12. Attach plans.
13. Propose scheduling.
14. Associated projects.
15. Anticipated incremental development.
16. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected.
17. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities.
18. If industrial, indicate type, estimated employment per shift, and loading facilities.
19. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project.
20. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required.
Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary).
YES NO
___ ___ 21. Change in existing features of any bays, tidelands, beaches, lakes or hills, or substantial alteration of ground contours.
___ ___ 22. Change in scenic views or vistas from existing residential areas or public lands or roads.
___ ___ 23. Change in pattern, scale or character of general area of project.
___ ___ 24. Significant amounts of solid waste or litter.
___ ___ 25. Change in dust, ash, smoke, fumes or odors in vicinity.
___ ___ 26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns.
___ ___ 27. Substantial change in existing noise or vibration levels in the vicinity.
___ ___ 28. Site on filled land or on slope of 10 percent or more.
___ ___ 29. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives.
___ ___ 30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.).
___ ___ 31. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).
___ ___ 32. Relationship to a larger project or series of projects.
ENVIRONMENTAL SETTING
33. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or polaroid photos will be accepted.
34. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted.
CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief.
Date _____________________ ______________________________
(Signature)
For ___________________________
Note: This is only a suggested form. Public agencies are free to devise their own format for initial studies.)
Note: Authority cited: Sections 21083 and 21087, Public Resources Code. Reference: Sections 21000-21176, Public Resources Code.
Appendix I Notice of Preparation
TO: __________ FROM: __________
(Responsible Agency) (Lead Agency)
__________ __________
(Address) (Address)
__________ __________
SUBJECT: Notice of Preparation of a Draft Environmental Impact Report
__________ will be the Lead Agency and will prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project.
The project description, location, and the probable environmental effects are contained in the attached materials. A copy of the Initial Study [ ] is, [ ] is not, attached.
Due to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than 30 days after receipt of this notice.
Please send your response to __________ at the address shown above. We will need the name for a contact person in your agency.
Project Title:
Project Applicant, if any:
Date __________ Signature __________
Title __________
Telephone __________
Reference: California Administrative Code, Title 14, Sections 15035.7, 15054.3, 15066.
Appendix J Examples of Tiering EIR's
SPECIAL SITUATIONS/EIRs
Multiple-family residential development/residential and commercial or retail mixed-use development (PRC 21158.5 and Guideline s 15179.5)
• project is multiple-family residential development up to 100 units or is a residential and commercial or retail mixed-use development of not more than 100,000 square feet
• if project complies with procedures in section 21158.5, only a focused EIR need be prepared, notwithstanding the fact that the project wasn't identified in the Master EIR
Redevelopment Project (15180)
• all public and private activities or undertakings in furtherance of a redevelopment plan (public or private) constitute a single project
• the redevelopment plan EIR is treated as a program EIR
• no subsequent EIR is required for individual components of the redevelopment plan unless substantial changes or substantial new information triggers a subsequent EIR or supplement to an EIR pursuant to (sections 15162 or 15163)
Housing/neighborhood commercial facilities (15181)
• a project involving construction of housing or neighborhood commercial facilities in an urbanized area
• a prior EIR for a specific plan, local coastal program, or port master plan may be used as the EIR for such a project (no new EIR need be prepared) provided section 15181 procedures are complied with
Projects Consistent with Community Plan, General Plan, or Zoning (15183)
• a project which is consistent with a community plan adopted as part of a general plan or zoning ordinance or a general plan of a local agency and where there was an EIR certified for the zoning action or master plan
• the EIR for the residential project need only examine certain significant environmental effects, as outlined in section 15183
Regulations on Pollution Control Equipment (PRC section 21159)
• section 21159 requires environmental analysis of reasonably foreseeable methods of compliance at the time of adoption of rule or regulation requiring the installation of pollution control equipment
• an EIR prepared at the time of adoption of the rule or regulation is deemed to satisfy the requirement of section 21159
Installation of Pollution Control Equipment (PRC section 21159.1)
• a focused EIR is permitted where project 1) consists solely of installation of pollution control equipment; 2) is required by rule or regulation adopted by the State Air Resources Board, an air pollution control district or air quality management district, the State Water Resources Control Board, a California regional water quality control board, the Dept. of Toxic Substances Control, or the California Integrated Waste Management Board; and 3) meets the procedural requirements outlined in section 21159.1
Appendix K
Criteria for Shortened Clearinghouse Review
Under exceptional circumstances, and when requested in writing by the lead agency, the State Clearinghouse in the Office of Planning and Research (OPR) may shorten the usual review periods for proposed negative declarations, mitigated negative declarations and draft EIRs submitted to the Clearinghouse. A request must be made by the decision-making body of the lead agency, or by a properly authorized representative of the decision-making body.
A shortened review period may be granted when any of the following circumstances exist:
(1) The lead agency is operating under an extension of the one-year period for completion of an EIR and would not otherwise be able to complete the EIR within the extended period.
(2) The public project applicant is under severe time constraints with regard to obtaining financing or exercising options which cannot be met without shortening the review period.
(3) The document is a supplement to a draft EIR or proposed negative declaration or mitigated negative declaration previously submitted to the State Clearinghouse.
(4) The health and safety of the community would be at risk unless the project is approved expeditiously.
(5) The document is a revised draft EIR, or proposed negative declaration or mitigated negative declaration, where changes in the document are primarily the result of comments from agencies and the public.
Shortened review cannot be provided to a draft EIR or proposed negative declaration or mitigated negative declaration which has already begun the usual review process. Prior to requesting shortened review, the lead agency should have already issued a notice of preparation and received comments from applicable State agencies, in the case of an EIR, or consulted with applicable State agencies, in the case of a proposed negative declaration or mitigated negative declaration.
No shortened review period shall be granted unless the lead agency has contacted and obtained prior approval for a shortened review from the applicable state responsible and trustee agencies. No shortened review shall be granted for any project which is of statewide, regional, or areawide significance, as defined in Section 15206 of the guidelines.
Appendix L Notice of Completion of Draft EIR
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21092, 21152 and 21153, Public Resources Code.
Note: Authority cited: Sections 87300 and 87304, Government Code. Reference: Sections 87300 et seq., Government Code.