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s 6950. Definitions.
For purposes of these regulations, the following definitions shall apply:
"Approval" means the decision by the department which commits the department to a definite course of action in regard to a project. With respect to activities to be carried out by other agencies or persons, approval occurs when the department contracts or commits to issue a grant, loan, permit, certificate or other entitlement for use of the project.
"Lead Agency" means the public agency which has the principal responsibility for carrying out or approving a project. If the project is to be carried out by a nongovernmental person, the Lead Agency shall be the public agency with the greatest responsibility for supervising or approving the project as a whole. Where the department is Lead Agency, it will prepare the environmental documents for the project, either directly or by contract, except as otherwise provided by department regulations. In the event that the designation of Lead Agency is in dispute, the department and other public agencies should consult with each other to determine who is Lead Agency. Any disputes with another department within the Business and Transportation Agency shall be resolved by the Secretary. If the department cannot agree on Lead Agency with any other public agency, the State Office of Planning and Research will be the final arbiter to resolve the designation of Lead Agency.
"Ministerial Projects" includes activities defined as projects which are undertaken or approved by a decision which an agent of the department makes upon a given state of facts in a prescribed manner pursuant to a legal mandate. A ministerial decision involves only the use of fixed standards or objective measurements without personal judgment.
The following definitions shall have the same meaning as defined in Title 14, California Administrative Code, Chapter 3, Article 4, Sections 15020-15043: "Categorical exemption," "Emergency," "Environment," "Environmental documents," "Draft EIR," "Final EIR," "Environmental Impact Statement (EIS)," "Initial Study (IS)," "Negative Declaration (ND)," "Notice of Determination," "Notice of Exemption," "Notice of Preparation," "Project," "Responsible Agency," and "Significant effect on the environment."


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Sections 15020-15043.









s 6960. General.
CEQA either does not apply to the following activities or they are exempt from CEQA and do not require an Initial Study, Negative Declaration or EIR.
(a) Activities which are not projects. See definition of "project."
(b) Projects with no significant environmental effect, i.e., where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21080, Public Resources Code.








s 6961. Statutory Exemptions.
The following projects are statutorily exempt from CEQA:
(a) Emergency Projects. A Notice of Exemption shall be filed for the following exempt activities:
(1) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of a disaster in a disaster stricken area in which a state of emergency has been proclaimed by the Governor.

(2) Emergency repairs to public service facilities necessary to maintain service.
(3) Specific actions necessary to prevent or mitigate an emergency.
(b) Feasibility and Planning Studies. Feasibility or planning studies for possible future actions which have not been approved, adopted, or funded. However, such studies must report on the possible environmental effects of the proposed action should it be taken, including consideration of less environmentally damaging alternatives.
(c) Ministerial Projects.
(1) Ministerial projects are, in general, those entitled to approval upon a simple determination of conformance with applicable statutes, ordinances, or regulations. With these projects the agency must act upon the given facts without regard to any judgment or opinion concerning the propriety or wisdom of the act.
(2) In the absence of any discretionary provision contained in the relevant local ordinance, it shall be presumed that the following actions are ministerial:
(A) Issuance of building permits.
(B) Issuance of business licenses.
(C) Approval of final subdivision maps.
(D) Approval of individual utility service connections and disconnections.
(3) Where a project involves an approval that contains elements of both a ministerial action and a discretionary action, the project will be deemed to be discretionary and will be subject to the requirements of CEQA.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21080, Public Resources Code.








s 6962. Categorical Exemptions.
The Guidelines establish classes of projects which have been determined not to have a significant effect on the environment and are therefore categorically exempt. Provided below are only those exempt classes from Article 8 of the State EIR Guidelines which might be relevant to departmental activities. All class exemptions are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. Classes 3, 4, 5, 6, and 11 are not exempt if the project may impact on an environmental resource of hazardous or critical concern which is designated, precisely mapped and officially adopted pursuant to law by federal, state or local agencies. (Areas of concern include critical air basins and coastal zones.) A categorical exemption shall not be used where there is a reasonable possibility that the activity will have a significant effect due to unusual circumstances.
(a) Class 1: Existing Facilities. Class 1 consists of the operation, repair, maintenance or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing, including but not limited to:
(1) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances;
(2) Electrical, gas, sewerage, or other public utility facilities;
(3) Highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities;
(4) Restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide or flood;
(5) Additions to existing structures provided that the addition will not result in an increase of more than:
(A) 50 percent of the floor area of the structures before the addition of 2,500 square feet, whichever is less; or
(B) 10,000 square feet if:
1. The project is in an area where all public services and facilities are available to allow for maximum development permissible in the general plan and
2. The area in which the project is located is not environmentally sensitive.
(6) Addition of safety or health protection devices for use during construction of, or in conjunction with, existing structures, facilities or mechanical equipment, or topographical features.
(7) Division of existing multiple family rental units into condominiums or stock cooperatives;

(8) Unless the structures are of historical, archaeological or architectural significance, the demolition and removal of the following individual small structures:
(A) Single family residences not in conjunction with the demolition of two or more units;
(B) Motels, apartments, and duplexes designed for not more than four dwelling units if not in conjunction with the demolition of two or more such structures;
(C) Stores, offices, and restaurants if designed for an occupancy load of 20 persons or less, if not in conjunction with the demolition of two or more such structures;
(D) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.
(9) Conversion of a single family residence to office use.
(b) Class 2: Replacement or Reconstruction. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.
(c) Class 3: New Construction or Conversion of Small Structures. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable within a two year period. Examples of this exemption include but are not limited to:
(1) Single-family residences not in conjunction with the building of two or more such units. In urbanized areas, up to three single-family residences may be constructed under this exemption.
(2) Apartments, duplexes and similar structures, with not more than four dwelling units if not in conjunction with the building of two or more such structures. In urbanized areas, the exemption applies to single apartments, duplexes and similar small structures designed for not more than six dwelling units if not constructed in conjunction with the building of two or more such structures.
(3) Stores, motels, offices, restaurants and similar small commercial structures not involving the use of significant amounts of hazardous substances, if designed for an occupant load of 30 persons or less, if not constructed in conjunction with the building of two or more such structures. In urbanized areas, the exemption also applies to commercial buildings on sites zoned for such use, if designed for an occupant load of 30 persons or less, if not constructed in conjunction with the building of 4 or more such structures and if not involving the use of significant amount of hazardous substances.
(4) Water main, sewage, electrical, gas and other utility extensions of reasonable length to serve such construction;
(5) Accessory (appurtenant) structures including garages, carports, patios, swimming pools and fences.
(d) Class 5: Minor Alterations in Land Use Limitations. Class 5 consists of minor alterations in land use limitations in areas with less than a 20% slope, which do not result in any changes in land use or density, including but not limited to:
(1) Minor lot line adjustments, side yard and set back variances not resulting in the creation of any new parcel;
(2) Issuance of minor encroachment permits;
(3) Reversion to acreage in accordance with the Subdivision Map Act.
(e) Class 6: Information Collection. Class 6 consists of basic data collection, research, experimental management and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be for strictly information gathering purposes or as part of a study leading to an action which a public agency has not yet approved, adopted or funded.
(f) Class 9: Inspections. Class 9 consists of activities limited entirely to inspection, to check for performance of an operation, or quality, health or safety of a project.
(g) Class 12: Surplus Government Property Sales. Class 12 consists of sales of surplus government property except for parcels of land located in an area of statewide interest or potential area of critical concern as identified in the Governor's Environmental Goals and Policy Report prepared pursuant to Government Code Sections 65041 et seq. However, if the surplus property to be sold is located in those areas identified in the Governor's Environmental Goals and Policy Report, its sales is exempt if:
(1) The property does not have significant value for wildlife habitat or other environmental purposes; and
(2) Any of the following conditions exist:
(A) The property is of such size or shape that it is incapable of independent development or use; or
(B) The property to be sold would qualify for an exemption under any other class or categorical exemption in the State EIR Guidelines; or
(C) The use of the property and adjacent property has not changed since the time of purchase by the public agency.
(h) Class 21: Enforcement Actions by Regulatory Agencies. Class 21 consists of actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted or prescribed by the regulatory agency. Such actions include, but are not limited to, the following:
(1) The direct referral of a violation of a lease, permit, license, certificate, or entitlement for use or of a general rule, standard, or objective to the Attorney General, District Attorney, or City Attorney as appropriate, for judicial enforcement;
(2) The adoption of an administrative decision or order enforcing or revoking the lease, permit, license, certificate, or entitlement for use or enforcing the general rule, standard, or objective.
(i) Class 26: Acquisition of Housing for Housing Assistance Programs. Class 26 consists of actions by a redevelopment agency, housing authority, or other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units. The housing units may be either in existence or possessing all required permits for construction when the agency makes its final decision to acquire the units.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21080, Public Resources Code.








s 6970. CEQA Responsibilities.
The Director of the department shall appoint a CEQA officer to be responsible for all of the functions in this article, except as otherwise noted. The person or committee approving any departmental activity which is a project under CEQA shall review and consider the environmental documents and make appropriate findings as specified in Section 6971 prior to approval of the project.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21100, Public Resources Code.









s 6971. Procedure Where the Department Is Lead Agency.
(a) General. The department is the Lead Agency if it has the principal responsibility for carrying out or approving a project. (See Section 6950 for definition.) When acting as Lead Agency, the department shall incorporate environmental considerations at the earliest feasible stage in project planning. If the Department is acting as Lead Agency for a project for which it will issue a lease, license, or permit, it must determine whether the project will need an EIR or ND within 45 days after accepting application as complete; it must adopt an ND not more 105 days after such acceptance and an EIR in not more than one year. These time periods may be waived when the project is also subject to the requirements of NEPA and the conditions of Section 15054.2(b)(4) of the state EIR Guidelines are met.
(b) Initial Steps. The Department shall:
(1) Determine whether the activity is a project and if CEQA applies to the project. If it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the department may proceed without consideration of environmental requirements.
(2) Determine if the project is exempt as: a) an emergency project, b) a ministerial project, or c) a categorical exemption. If it is exempt, file a Notice of Exemption with the Secretary of Resources (Appendix C).
(3) Determine if project will clearly have a significant effect on the environment (See Section 6990). If so, no Initial Study is necessary; rather, proceed to EIR.
(c) Initial Study. In all other instances, the Department shall prepare an Initial Study (IS). (See Section 6995). The Department shall:

(1) Consult with all responsible agencies to determine whether a ND or an EIR is required. This may be done quickly and informally.
(2) If the IS demonstrates that the project may have a significant effect on the environment, or if mandatory findings of significance apply, proceed to an EIR. (See Section 6990 for "Determining Significant Effect" and Section 6991 for "Mandatory Findings of Significance.")
(3) If the IS demonstrates that there will be no significant effect on the environment, or if project has been or will be modified to eliminate significant effects, proceed to preparation of Negative Declaration.
(d) Negative Declaration. The Department shall:
(1) Consult informally with responsible agencies to insure that their concerns will be reflected in the ND. This may occur during the public review period, subsection (3) below.
(2) Prepare ND (see Section 6996 for contents).

(3) Provide for public review of Negative Declaration, including the following:
(A) Provide public notice of preparation of ND, including notice to all organizations and individuals who have previously requested notice and publication in a newspaper of general circulation in the area affected by the project;
(B) Keep copies available in the Department for public inspection;
(C) Hold public hearings if additional public input is desired. (Follow departmental notice and hearing procedures.)
(4) Provide for state agency review by submission to State Clearinghouse; allow 30 days minimum review period.
(5) Consider the ND and any comments received prior to approving or disapproving the ND.
(6) Prepare notice of determination (see Section 6997) and file with the Secretary of Resources.
(e) Preparation of draft EIR. The Department shall:
(1) Send Notice of Preparation to Responsible Agencies by certified mail and to the State Clearinghouse and any federal agencies involved in funding or approving the project.
(2) Consult with Responsible Agencies, interested organizations and individuals, persons with special expertise, and relevant federal agencies prior to commencement of preparation of the draft EIR.
(3) Where a federal EIS will also be required, determine if joint EIR/EIS is appropriate.
(4) Prepare draft EIR or contract for its preparation (see Section 6998 for contents).
(5) After completion of draft EIR, send draft EIR to State Clearinghouse with cover form (Appendix A).
(6) Obtain comments on draft EIR from public agencies having jurisdiction by law and consult with persons having special expertise.

(7) Provide for public review of draft EIR, including the following:
(A) Provide Notice of Completion of draft EIR to all organizations and individuals who have previously requested it.
(B) Provide Notice of Completion of draft EIR to the public through publication in a newspaper of general circulation in the area affected by the project.
(C) Submit draft EIR to State Clearinghouse for distribution and to areawide clearinghouses, regional and local agencies.
(D) Make copies of draft EIR's available to appropriate public library systems.
(E) Hold public hearings if additional public input is desired. (Follow department notice and hearing procedures.)
(8) Provide for state agency review of draft EIR by submission to State Clearinghouse; allow 45 days review period.
(9) Evaluate comments received on draft EIR.
(f) Preparation of final EIR. The Department shall:
(1) Prepare final EIR or contract for its preparation (see Section 6998) and mitigate any significant environmental effects where feasible.
(2) Consider the significant environmental effects identified in the EIR and approve the project only if such effects have been reduced to an acceptable level.
(3) Prepare Findings for Significant Environmental Effects. (See Section 6993.)
(4) Prepare Statement of Overriding Considerations where environmental effects cannot be mitigated and the Department decides to proceed with project. (See Section 6994.)
(5) Certify that the EIR complies with CEQA and State EIR Guidelines and that the information contained in the EIR has been reviewed and considered prior to project approval.
(6) File Notice of Determination with the Secretary of Resources (Appendix B).

(7) File final EIR with the appropriate planning agency of any city and/or county which will be affected by the project.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21165, Public Resources Code.








s 6972. Assumption of Lead Agency Responsibilities.
The Department, acting as a Responsible Agency, must assume the responsibilities of Lead Agency when the following conditions occur: the Lead Agency fails to prepare an EIR, inadequately prepares an EIR without consulting the department, or a subsequent EIR is required and the statute of limitations for challenging the Lead Agency's action under CEQA has expired (see Section 15065.3 of State EIR Guidelines). The Department may charge and collect fees if it prepares an EIR or an ND for projects for which it is the Lead Agency but not the implementing agency.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21165, Public Resources Code.








s 6973. Procedure Where the Department Is a Responsible Agency.
(a) General. Where the Department is the responsible agency (see definition Section 6950), it must require any local agency that is the Lead Agency to prepare environmental documents and submit them with the request for project approval. The Department must ensure that the environmental documents that it uses in reviewing the project comply with CEQA. The Department shall encourage a Lead Agency to incorporate environmental considerations at the earliest feasible stage in project planning and remind it of its obligation to consult and respond to consultation prior to development of environmental documents. The Department shall explain its reasons for recommending whether an EIR or an ND should be prepared, including the identification of potential environmental effects.
(b) Procedure. The Department shall:
(1) Respond to a consultation request by the Lead Agency regarding whether to prepare a ND or an EIR.
(2) No later than 45 days after receiving a Notice of Preparation for an EIR, send a written reply by certified mail or another method that will provide a record of receipt, specifying the scope and content of environmental information germane to its responsibilities.
(3) Review and comment on draft EIR's and Negative Declarations for projects which it would later be asked to approve.
(4) In those instances in which it believes that the EIR or ND is inadequate and the Lead Agency does not concur with this assessment, the Department must take the issue to court within 30 days after Notice of Determination was filed, prepare a subsequent EIR (if permissible under Section 15067 of the State EIR Guidelines) or be deemed to waive objections to the document's adequacy.
(5) Consider environmental effect of the project as shown in EIR or ND prior to reaching a decision on project. The Department shall not approve a project as proposed if there is any feasible alternative or mitigation measure within its powers that would substantially lessen any significant effect the project would have on the environment.
(6) Prepare Findings for Significant Environmental Effects (see Section 6993).
(7) Prepare Statement of Overriding Considerations (Section 6984) where environmental effects cannot be mitigated and the Department decides to approve the project (see Section 6994).
(8) File a Notice of Determination with the Secretary of Resources for those projects which the Department determines to approve or carry out (Appendix B).


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21165, Public Resources Code.










s 6974. Procedure for Federal Projects.
General. When the Department officially comments on a proposed federal project which may have a significant effect on the environment, the comments shall include description of Environmental Impact (see Section 6998).


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21101, Public Resources Code.










s 6980. Exemption for Financial Assistance.
(a) Except as provided in subsection (b), CEQA shall not apply to actions taken by the Department to provide financial assistance for the development and construction of residential housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code. The Department shall be exempt from CEQA for activities relating to reviewing and acting upon applications and disbursing funds for such financial assistance for land banking and acquisition, predevelopment expenses, project design, housing construction costs, financing, and any other expenses related to the development and construction of such housing. This exemption applies only to actions taken by the Department of Housing and Community Development, and shall not relieve any other public agency, when applying for such financial assistance from the Department, from its responsibility to comply with the provisions of CEQA.
(b) The provisions of CEQA shall apply to actions taken by the Department to provide loans and grants pursuant to its programs if the project which is the subject of the application for financial assistance will not be subject to environmental review pursuant to CEQA by another public agency and if the project is not otherwise exempt from CEQA review by the Department. The Department shall become Lead Agency and take responsibility for preparation of environmental documents only when no other public agency must prepare such documents prior to construction of the housing.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21080.10(b), Public Resources Code.








s 6981. Division of Research and Policy Development.
(a) The following activities are not projects:
(1) Study and evaluation of housing market conditions, the housing industry, public and private housing programs, etc.
(2) Training
(3) Technical assistance

(4) Public Information and service
(5) Review of activities, applications, etc., where HCD is not the funding agency
(6) Legislative analyses and proposals.
(b) The following activities are statutorily-exempt from CEQA:
(1) Feasibility and planning studies for possible future actions which have not been approved, adopted or funded. This includes the Statewide Housing Plan prior to adoption by the Legislature. Such studies should give consideration to environmental effects.
(c) The following activities are categorically exempt from CEQA:
(1) Data collection and research.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, Section 15050; and Sections 21065 and 21080, Public Resources Code.








s 6982. Division of Community Affairs.
(a) The following activities are not projects:
(1) Program monitoring and evaluation,
(2) Training,
(3) Technical assistance, including loan packaging assistance,

(4) Inventory of surplus lands,
(5) The Low-Income Home Management Training Program,
(6) Housing Assistance for the Disabled and Elderly,
(7) The Rural/Land Purchase Program,
(8) California Housing Advisory Service.
(9) Loans under the Homeownership Assistance Program involving financial assistance to purchasers of shares in existing mobilehome cooperative units.
(b) The following activities are statutorily-exempt from CEQA:
(1) Loans and grants related to disasters and emergency assistance.
(2) Loans and grants for feasibility and planning studies for possible future actions that have not been approved, funded, or adopted. Such studies include grants and loans made through Division of Community Affairs programs including, e.g., (i) the Comprehensive Planning Assistance Grant Program, and (ii) feasibility studies for the repair or replacement of existing water and sewer facilities pursuant to the Remote Rural Development Program.
(3) Loans and grants for the construction of housing or neighborhood facilities in an urbanized area after considering an EIR previously prepared for a specific plan or a local coastal program if the requirements of Title 14, Section 15068.6 of the State CEQA Guidelines are met.
(c) The following activities are categorically exempt from CEQA:
(1) Loans and grants for rehabilitation of deteriorated or damaged housing, minor additions to existing housing and repair and minor alteration of existing infrastructure (Class 1) including, such activities funded under the Deferred Rehabilitation Loan Program, Demonstration Housing Program, Indian Assistance Program, Remote Rural Demonstration Program, Migrant Services Program, Housing Predevelopment Loan Fund, and the Farmworker Housing Grant Program.
(2) Loans and grants for replacement or reconstruction of existing structures and facilities, including utilities (Class 2) e.g., Solar Loan Fund, Migrant Services Program.

(3) Loans and grants for new construction of limited numbers of single-family residences, and apartments, duplexes and similar structures and new construction of utility extensions of reasonable length to serve such construction, and accessory structures as described in Title 14, Section 15103 of the State CEQA Guidelines (Class 3), including, e.g., Housing Predevelopment Loan Fund, Rental Housing Construction Program, Homeownership Assistance Program, Migrant Services Program, and Farmworker Housing Grant Program.
(4) Loans for the purchase of existing structures where the loan will not be purchased by financial institutions (Class 10), including, e.g., Homeownership Assistance Program.
(5) Loans and grants to public agencies (including housing authorities, redevelopment agencies) to acquire housing units, either already existing or with all permit approvals for construction, in order to implement a Housing Assistance Plan (Class 26).
A notice of exemption must be filed for all categorically exempt activities.
(d) The following activities require preparation of environmental documents unless they are exempt under Section 6980(a) or the provisions above:

(1) Farmworker Housing Grant Program for new construction only.
(2) Housing Predevelopment Loan Fund (urban and rural), for new construction only.
(3) Remote Rural Demonstration Project, for new construction only.
(4) Rental Housing Construction Program.
(5) Homeownership Assistance Program.
(6) Indian Assistance Program, for new construction only.
(7) Century Freeway Replacement Housing Program.
The Department's CEQA responsibilities for programs within the Division of Community Affairs will depend on whether it is the Lead Agency or the Responsible Agency. If another public agency has the greatest responsibility for carrying out or approving the project, (e.g., is the recipient of a grant from HCD) it is the Lead Agency and must prepare environmental documents. In such case, HCD will have the obligations of a Responsible Agency. Where a private entity is the recipient of a loan or grant from HCD to perform one of the above activities and a local public agency does not have the primary responsibility for approving the project, HCD is Lead Agency and must prepare environmental documents unless another public agency (e.g., CHFA) has a greater responsibility for carrying out the project.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Sections 21065, 21080 and 21080.7, Public Resources Code.








s 6983. Division of Codes and Standards.
(a) The following activities are not projects:
(1) Employee housing operating permits,
(2) Mobilehome park operating permits,
(3) Mobilehome titling and registration,

(4) Mobilehome occupational licensing.
(b) The following activities are ministerial and do not require preparation of environmental documents:
(1) Employee housing construction permits,
(2) Mobilehome park construction permits.
(c) The following activities are categorically exempt:
(1) Inspections, including inspections of factory-built housing, employee housing, mobilehomes, recreational vehicles, and commercial coaches (Class 9).
(d) Adoption of or amendments to the State Housing Law and Earthquake Regulations which may result in significant adverse effects upon the environment, shall require preparation of environmental documents. The Department shall be the Lead Agency with respect to adoption of or amendments to these regulations. Local Agencies shall be responsible agencies when adopting the statewide regulations which have been previously adopted by the Department. Before adopting the statewide regulations, local agencies shall consider the environmental documents, if any, prepared by the Department as required by the State CEQA Guidelines. Local agencies shall conduct an additional environmental analysis, pursuant to Title 14, CAC, Section 15067 of the State CEQA Guidelines, when making any additional local changes to the statewide regulations.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Sections 21080 and 21080.10, Public Resources Code.








s 6990. Determining Significant Effect. (See Section 6950 for Definition.)
(a) The determination of whether a project may have a significant effect on the environment calls for careful judgment based on available data. An ironclad definition of "significant effect" is not possible because the significance of an activity may vary with the setting. For example, an activity which may not be significant in an urban area may be significant in a rural area. Where there is, or there is anticipated to be, a substantial body of opinion that considers the effect to be adverse, the Lead Agency should prepare an EIR to explore the environmental effects involved.
(b) In evaluating the significance of the environmental effect of a project, the Lead Agency shall consider both primary or direct and secondary or indirect consequences. Primary consequences are immediately related to the project (the construction of a new treatment plant may facilitate population growth in a particular area), while secondary consequences are related more to primary consequences than to the project itself (an impact upon the resource base, including land, air, water and energy use of the area in question may result from the population growth).
(c) Some examples of consequences which may be deemed to be a significant effect on the environment are contained in Appendix E.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21068, Public Resources Code.








s 6991. Mandatory Findings of Significance.
A project shall be found to have a significant effect on the environment if:
(a) The project has the potential to degrade the quality of the environment, threaten to eliminate a plant or animal community, reduce the number of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory.
(b) The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals.
(c) The project has possible environmental effects which are individually limited but cumulatively considerable. As used in this subsection, "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.
(d) The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21068, Public Resources Code.








s 6992. Decision to Prepare an EIR.
(a) An EIR must be prepared if an Initial Study establishes that the project may have a significant effect on the environment.
(b) An EIR shall be prepared whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant effect on the environment.
(c) An EIR shall be prepared when there is serious public controversy concerning the environmental effect of a project. Controversy not related to an environmental issue does not require the preparation of an EIR.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; Section 21100, Public Resources Code; and No Oil, Inc. v. City of Los Angeles, 1974 13 Cal.3d 68.








s 6993. Findings of Significant Environmental Effects.
(a) The Department shall not approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant effects of the project unless it makes one or more of the following written findings for each of those significant effects, accompanied by a statement of the facts supporting each finding.
(1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the Department. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
(3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR.
(b) The findings required by subsection (a) shall be supported by substantial evidence in the record.
(c) The finding in subsection (a) (2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified mitigation measures or alternatives.
(d) A public agency shall not approve or carry out a project as proposed unless the significant environmental effects have been reduced to an acceptable level.
(e) As used in this section, the term "acceptable level" means that all significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened as determined through findings as described in subsection (a), and any remaining, unavoidable significant effects have been found acceptable under Section 6994.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, Section 15050; and Section 21100, Public Resources Code.








s 6994. Statement of Overriding Considerations.
The benefits of a proposed project must be weighed against its unavoidable environmental effects in determining whether to approve it. Where the department allows the occurrence of significant environmental effects which are identified in the final EIR but are not mitigated, it must state in writing the reasons to support its action based on the final EIR and/or other information in the record. The Statement shall be included in the record of the project approval and mentioned in the Notice of Determination.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; Section 21100, Public Resources Code; and San Francisco Ecology Center v. City and County of San Francisco, 1975 48 Cal.App.3d 584.








s 6995. Initial Study (IS).
(a) An IS is prepared for a project not exempt from CEQA to determine if it may have a significant effect on the environment and therefore that an EIR is required. It provides a factual basis for the finding in a Negative Declaration and enables the Lead Agency to modify the project, mitigating adverse impacts, before an EIR is written. The IS can also help to focus an EIR on the significant effects of a project. All phases of project planning, implementation and operation must be considered in the IS.
(b) Contents of an IS shall include:
(1) Description of project including location.
(2) Identification of environmental setting.
(3) Identification of environmental effects (use check list, Appendix F).
(4) Discussion of ways to mitigate significant effect identified.
(5) Examination of whether project is compatible with existing zoning and plans.
(6) Name of person(s) who prepared IS.
(Forms F and G meet the requirements above for an Initial Study.)
(c) If the project is to be carried out privately, the Department shall require the person or organization to submit appropriate data and information.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21100, Public Resources Code.








s 6996. Negative Declaration.
(a) A Negative Declaration shall be prepared for a project which could have a potentially significant effect on the environment, but which the Lead Agency finds on the basis of an Initial Study will not have a significant effect on the environment.
(b) Contents of a Negative Declaration shall include:
(1) A brief description of the project, including a commonly used name for the project, if any.
(2) The location of the project and the name of the project proponent.
(3) A finding that the project will not have a significant effect on the environment.
(4) An attached copy of the Initial Study documenting reasons to support the finding.
(5) Mitigation measures, if any, included in the project to avoid potentially significant effects.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21080(c), Public Resources Code.








s 6997. Notice of Determination.
(a) After making a decision to carry out or approve a project for which a Negative Declaration has been prepared, the Lead Agency shall file a Notice of Determination (see Appendix B).
(b) Contents of a Notice of Determination shall include:
(1) An identification of the project including name and location.

(2) A brief description of the project.
(3) The date on which the agency approved the project.
(4) The determination of the agency that the project will not have a significant effect on the environment.
(5) A statement that a Negative Declaration has been prepared pursuant to the provisions of CEQA.
(6) The address where a copy of the ND may be examined.
(c) HCD shall file the Notice of Determination with the Secretary of Resources.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21108, Public Resources Code.








s 6998. Environmental Impact Report.
(a) Decision to prepare an EIR (see Section 6992).
(b) General. (See Article 9, State EIR Guidelines.) The EIR shall discuss environmental effects in proportion to their severity and probability of occurrence. A systematic inter-disciplinary approach should be applied. Each report shall contain a brief summary of the proposed actions and its consequences in language sufficiently simple that the issues can be understood by a layperson.
(c) Form. Not more than one EIR shall be prepared in connection with the same underlying activity. The EIR may be prepared as a separate document or as a portion of a project report. If prepared in the latter form, it must contain in one separate and distinguishable section the elements required of an EIR in subdivision (d). A single EIR may be used to describe more than one project, if such projects are essentially the same in terms of environmental impact. Further, the Lead Agency may use an earlier EIR prepared in connection with an earlier project to apply to a later project, if the circumstances of the projects are essentially the same.
(d) Contents. The following elements, which are considered in detail in Article 9 in the State EIR Guidelines, must be included in an EIR:
(1) Description of project
(2) Description of environmental setting
(3) Environmental impact
(A) The significant environmental effects of the proposed project

(B) Any significant environmental effects which cannot be avoided if the proposal is implemented
(C) Mitigation measures proposed to minimize the significant effects
(D) Alternatives to the proposed action
(E) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity
(F) Any significant environmental changes which would be involved in the proposed action should it be implemented
(G) The growth-inducing impact of the proposed action
(4) Effects found not to be significant
(5) Organizations and persons consulted.


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21061, Public Resources Code.








s 6999. CEQA Forms, Appendices A-G.
Note: Given the detailed forms contained in these regulations, which are otherwise available to the public or which are of limited and particular application, the Department of Housing and Community Development requests that these regulations not be set forth in full in the California Administrative Code, but that appropriate reference be made therein pursuant to Government Code Section 11409(a).
The regulations are available to the public for review or purchase at cost at the following locations:
PUBLICATIONS OFFICE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
921 TENTH STREET, ROOM 102
SACRAMENTO, CA 95814
ARCHIVES
SECRETARY OF STATE
1020 "O" Street
SACRAMENTO, CA 95814
The forms contained in Subchapter 3, California Environmental Quality Act, of Chapter 6.5, Title 25, Part 1, are entitled:
Appendix A -Federal Grant Application/Award Notification
Appendix B -Notice of Determination
Appendix C -Notice of Exemption
Appendix D -Notice of Preparation
Appendix E -Significant Effects
Appendix F -Environmental Checklist Form
Appendix G -Environmental Information Form


Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21082, Public Resources Code.








s 7000. General.
These regulations set forth the policies and procedures governing the management and use of the Predevelopment Loan Fund governed by Sections 50530-50532.5 of the Health and Safety Code.


Note: Authority cited: Sections 50402 and 50406(n), Health and Safety Code. Reference: Sections 50530, 50530.5, 50531 and 50532, Health and Safety Code.










s 7002. Definitions.
"Applicant" means an entity that has applied for a loan from the Fund.
"Assisted Housing" means housing for which financial assistance is provided through one or more programs designed to reduce housing costs for persons and families of low and moderate income. This assistance may include, but is not limited to, below-market interest loans, grants, rent supplements, development costs subsidies, interest subsidies, below-market priced land, grants of land, or density bonuses. Such housing may include Manufactured Housing and Mobilehome Parks, but does not include emergency shelters for the homeless.
"At-risk Housing" means existing government-assisted rental housing at risk of conversion to market-rate rents, due to factors that may include, but are not limited to, costs of necessary rehabilitation, or a modification or termination of subsidies.
"Borrower" means an "Eligible Sponsor" that has received approval for a Predevelopment Loan from the Fund.
"Construction Financing" means a short-term loan made for financing the construction or rehabilitation of a housing development.
"Cooperative Housing Corporation" is defined in Section 50091 of the Health and Safety Code.
"Department" means the California Department of Housing and Community Development.
"Director" means the Director of the Department, or his or her designee.
"Eligible Sponsors" is defined in Health and Safety Code Section 50530.
"Fund" means the Predevelopment Loan Fund.
"Limited Liability Corporation" includes a "Limited Liability Company" as defined in Section 17000 et seq. of the Corporations Code.
"Loan Agreement" means a signed contract between the borrower and the department for a predevelopment loan with all the terms and conditions as determined by the Department.
"Local Governmental Agency" means any county, city, city and county, the duly constituted governing body of an Indian reservation or rancheria, redevelopment agency or public housing authority, and also includes any state agency, public district or other political subdivision of the state, and any instrumentality thereof, which is authorized to engage in or assist in the development or operation of housing for persons and families of low income. It also includes two or more local public entities acting jointly.
"Low-Income Person" shall have the same meaning as "Lower Income Households" as defined in Section 6928 of this Part.
"Manufactured Housing" means a manufactured home, as defined in Section 18007 of the Health and Safety Code, and includes a mobilehome, as defined by Section 18008 of the Health and Safety Code, or factory-built housing as defined in Section 19971 of the Health and Safety Code.
"MobilehomePark" is defined by Section 18214 of the Health and Safety Code. (continued)