reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 9 - Contents of Environmental Impact Reports › Section 15126.4 - Consideration and Discussion of Mitigation Measures Proposed to Minimize Significant Effects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Mitigation Measures in General.
(1) An EIR
				  shall describe feasible measures which could minimize significant adverse
				  impacts, including where relevant, inefficient and unnecessary consumption of
				  energy.
(A) The discussion of mitigation
				  measures shall distinguish between the measures which are proposed by project
				  proponents to be included in the project and other measures proposed by the
				  lead, responsible or trustee agency or other persons which are not included but
				  the lead agency determines could reasonably be expected to reduce adverse
				  impacts if required as conditions of approving the project. This discussion
				  shall identify mitigation measures for each significant environmental effect
				  identified in the EIR.
(B) Where
				  several measures are available to mitigate an impact, each should be discussed
				  and the basis for selecting a particular measure should be identified.
				  Formulation of mitigation measures shall not be deferred until some future
				  time. The specific details of a mitigation measure, however, may be developed
				  after project approval when it is impractical or infeasible to include those
				  details during the project's environmental review provided that the agency (1)
				  commits itself to the mitigation, (2) adopts specific performance standards the
				  mitigation will achieve, and (3) identifies the type(s) of potential action(s)
				  that can feasibly achieve that performance standard and that will considered,
				  analyzed, and potentially incorporated in the mitigation measure. Compliance
				  with a regulatory permit or other similar process may be identified as
				  mitigation if compliance would result in implementation of measures that would
				  be reasonably expected, based on substantial evidence in the record, to reduce
				  the significant impact to the specified performance standards.
(C) Energy conservation measures, as well as
				  other appropriate mitigation measures, shall be discussed when relevant.
				  Examples of energy conservation measures are provided in Appendix F.
(D) If a mitigation measure would cause one
				  or more significant effects in addition to those that would be caused by the
				  project as proposed, the effects of the mitigation measure shall be discussed
				  but in less detail than the significant effects of the project as proposed.
				  (
Stevens v. City of Glendale
(1981) 125 Cal.App.3d
				  986.)
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 9 - Contents of Environmental Impact Reports › Section 15126.6 - Consideration and Discussion of Alternatives to the Proposed Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Alternatives to
				  the Proposed Project. An EIR shall describe a range of reasonable alternatives
				  to the project, or to the location of the project, which would feasibly attain
				  most of the basic objectives of the project but would avoid or substantially
				  lessen any of the significant effects of the project, and evaluate the
				  comparative merits of the alternatives. An EIR need not consider every
				  conceivable alternative to a project. Rather it must consider a reasonable
				  range of potentially feasible alternatives that will foster informed
				  decisionmaking and public participation. An EIR is not required to consider
				  alternatives which are infeasible. The lead agency is responsible for selecting
				  a range of project alternatives for examination and must publicly disclose its
				  reasoning for selecting those alternatives. There is no ironclad rule governing
				  the nature or scope of the alternatives to be discussed other than the rule of
				  reason. (
Citizens of Goleta Valley v. Board of Supervisors
(1990) 52 Cal.3d 553 and
Laurel Heights Improvement Association v.
				  Regents of the University of California
(1988) 47 Cal.3d
				  376).
(b) Purpose. Because an EIR
				  must identify ways to mitigate or avoid the significant effects that a project
				  may have on the environment (Public Resources Code Section
				  21002.1),
				  the discussion of alternatives shall focus on alternatives to the project or
				  its location which are capable of avoiding or substantially lessening any
				  significant effects of the project, even if these alternatives would impede to
				  some degree the attainment of the project objectives, or would be more
				  costly.
(c) Selection of a range of
				  reasonable alternatives. The range of potential alternatives to the proposed
				  project shall include those that could feasibly accomplish most of the basic
				  objectives of the project and could avoid or substantially lessen one or more
				  of the significant effects. The EIR should briefly describe the rationale for
				  selecting the alternatives to be discussed. The EIR should also identify any
				  alternatives that were considered by the lead agency but were rejected as
				  infeasible during the scoping process and briefly explain the reasons
				  underlying the lead agency's determination. Additional information explaining
				  the choice of alternatives may be included in the administrative record. Among
				  the factors that may be used to eliminate alternatives from detailed
				  consideration in an EIR are:
(i) failure to
				  meet most of the basic project objectives,
(ii) infeasibility, or
(iii) inability to avoid significant
				  environmental impacts.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 9 - Contents of Environmental Impact Reports › Section 15127 - Limitations on Discussion of Environmental Impact

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The information required by Section
					 15126.2(c)
					 concerning irreversible changes, need be included only in EIRs prepared in
					 connection with any of the following activities:
(a) The adoption, amendment, or enactment of
				  a plan, policy, or ordinance of a public agency;
(b) The adoption by a local agency formation
				  commission of a resolution making determinations; or
(c) A project which will be subject to the
				  requirement for preparing an environmental impact statement pursuant to the
				  requirements of the National Environmental Policy Act of 1969,
				  42 U.S.C.
				  4321-4347.
1. Amendment
					 of first paragraph, subsection (c) and NOTE filed 5-27-97; operative 5-27-97
					 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 22).
2. Change without regulatory effect amending
					 first paragraph filed 2-1-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 5).
3. Change without regulatory
					 effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Section
						21100.1,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 9 - Contents of Environmental Impact Reports › Section 15128 - Effects Not Found to Be Significant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An EIR shall contain a statement briefly indicating the
					 reasons that various possible significant effects of a project were determined
					 not to be significant and were therefore not discussed in detail in the EIR.
					 Such a statement may be contained in an attached copy of an initial
					 study.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Section
						21100,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 9 - Contents of Environmental Impact Reports › Section 15129 - Organizations and Persons Consulted

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The EIR shall identify all federal, state, or local
					 agencies, other organizations, and private individuals consulted in preparing
					 the draft EIR, and the persons, firm, or agency preparing the draft EIR, by
					 contract or other authorization.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21104
						and
						21153,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 9 - Contents of Environmental Impact Reports › Section 15130 - Discussion of Cumulative Impacts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An EIR shall discuss cumulative impacts
				  of a project when the project's incremental effect is cumulatively
				  considerable, as defined in section
				  15065(a)(3).
				  Where a lead agency is examining a project with an incremental effect that is
				  not "cumulatively considerable," a lead agency need not consider that effect
				  significant, but shall briefly describe its basis for concluding that the
				  incremental effect is not cumulatively considerable.
(1) As defined in Section
				  15355, a cumulative impact
				  consists of an impact which is created as a result of the combination of the
				  project evaluated in the EIR together with other projects causing related
				  impacts. An EIR should not discuss impacts which do not result in part from the
				  project evaluated in the EIR.
(2)
				  When the combined cumulative impact associated with the project's incremental
				  effect and the effects of other projects is not significant, the EIR shall
				  briefly indicate why the cumulative impact is not significant and is not
				  discussed in further detail in the EIR. A lead agency shall identify facts and
				  analysis supporting the lead agency's conclusion that the cumulative impact is
				  less than significant.
(3) An EIR
				  may determine that a project's contribution to a significant cumulative impact
				  will be rendered less than cumulatively considerable and thus is not
				  significant. A project's contribution is less than cumulatively considerable if
				  the project is required to implement or fund its fair share of a mitigation
				  measure or measures designed to alleviate the cumulative impact. The lead
				  agency shall identify facts and analysis supporting its conclusion that the
				  contribution will be rendered less than cumulatively
				  considerable.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 9 - Contents of Environmental Impact Reports › Section 15131 - Economic and Social Effects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Economic or social information may be included in an EIR or
					 may be presented in whatever form the agency desires.
(a) Economic or social effects of a project
				  shall not be treated as significant effects on the environment. An EIR may
				  trace a chain of cause and effect from a proposed decision on a project through
				  anticipated economic or social changes resulting from the project to physical
				  changes caused in turn by the economic or social changes. The intermediate
				  economic or social changes need not be analyzed in any detail greater than
				  necessary to trace the chain of cause and effect. The focus of the analysis
				  shall be on the physical changes.
(b) Economic or social effects of a project
				  may be used to determine the significance of physical changes caused by the
				  project. For example, if the construction of a new freeway or rail line divides
				  an existing community, the construction would be the physical change, but the
				  social effect on the community would be the basis for determining that the
				  effect would be significant. As an additional example, if the construction of a
				  road and the resulting increase in noise in an area disturbed existing
				  religious practices in the area, the disturbance of the religious practices
				  could be used to determine that the construction and use of the road and the
				  resulting noise would be significant effects on the environment. The religious
				  practices would need to be analyzed only to the extent to show that the
				  increase in traffic and noise would conflict with the religious practices.
				  Where an EIR uses economic or social effects to determine that a physical
				  change is significant, the EIR shall explain the reason for determining that
				  the effect is significant.
(c)
				  Economic, social, and particularly housing factors shall be considered by
				  public agencies together with technological and environmental factors in
				  deciding whether changes in a project are feasible to reduce or avoid the
				  significant effects on the environment identified in the EIR. If information on
				  these factors is not contained in the EIR, the information must be added to the
				  record in some other manner to allow the agency to consider the factors in
				  reaching a decision on the project.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21001(e) and
						(g),
						21002,
						21002.1,
						21060.5,
						21080.1,
						21083(c)
						and
						21100,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 9 - Contents of Environmental Impact Reports › Section 15132 - Contents of Final Environmental Impact Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The final EIR shall consist of:
(a) The Draft EIR or a revision of the
				  draft.
(b) Comments and
				  recommendations received on the Draft EIR either verbatim or in
				  summary.
(c) A list of persons,
				  organizations, and public agencies commenting on the Draft EIR.
(d) The responses of the Lead Agency to
				  significant environmental points raised in the review and consultation
				  process.
(e) Any other information
				  added by the lead agency.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Section
						21100,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15140 - Writing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
EIRs shall be written in plain language and may use
					 appropriate graphics so that decisionmakers and the public can rapidly
					 understand the documents.
1. Repealer
					 of Article 10 (Sections
					 15160-15167) and new Article 10
					 (Sections 15140-15153) filed 7-13-83;
					 effective thirtieth day thereafter (Register 83, No. 29). For prior history,
					 see Registers 80, No. 19; 78, No. 5; 76, No. 41; 75, No. 1; and 73, No.
					 50.
2. Editorial correction of 7-13-83 order redesignating effective
					 date to 8-1-83 filed 7-14-83 (Register 83, No. 29).
3. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21003
						and
						21100,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15141 - Page Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The text of draft EIRs should normally be less than 150
					 pages and for proposals of unusual scope or complexity should normally be less
					 than 300 pages.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Section
						21100,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15142 - Interdisciplinary Approach

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An EIR shall be prepared using an interdisciplinary
					 approach which will ensure the integrated use of the natural and social
					 sciences and the consideration of qualitative as well as quantitative factors.
					 The interdisciplinary analysis shall be conducted by competent individuals, but
					 no single discipline shall be designated or required to undertake this
					 evaluation.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21000,
						21001
						and
						21100,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15143 - Emphasis

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The EIR shall focus on the significant effects on the
					 environment. The significant effects should be discussed with emphasis in
					 proportion to their severity and probability of occurrence. Effects dismissed
					 in an Initial Study as clearly insignificant and unlikely to occur need not be
					 discussed further in the EIR unless the Lead Agency subsequently receives
					 information inconsistent with the finding in the Initial Study. A copy of the
					 Initial Study may be attached to the EIR to provide the basis for limiting the
					 impacts discussed.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21003,
						21061
						and
						21100,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15144 - Forecasting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Drafting an EIR or preparing a negative declaration
					 necessarily involves some degree of forecasting. While foreseeing the
					 unforeseeable is not possible, an agency must use its best efforts to find out
					 and disclose all that it reasonably can.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21003,
						21061
						and
						21100,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15145 - Speculation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If, after thorough investigation, a lead agency finds that
					 a particular impact is too speculative for evaluation, the agency should note
					 its conclusion and terminate discussion of the impact.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21003,
						21061
						and
						21100,
						Public Resources Code; Topanga Beach Renters Association v. Department of
						General Services (1976) 58 Cal. App. 3d
						712.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15146 - Degree of Specificity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The degree of specificity required in an EIR will
					 correspond to the degree of specificity involved in the underlying activity
					 which is described in the EIR.
(a) An
				  EIR on a construction project will necessarily be more detailed in the specific
				  effects of the project than will be an EIR on the adoption of a local general
				  plan or comprehensive zoning ordinance because the effects of the construction
				  can be predicted with greater accuracy.
(b) An EIR on a project such as the adoption
				  or amendment of a comprehensive zoning ordinance or a local general plan should
				  focus on the secondary effects that can be expected to follow from the
				  adoption, or amendment, but the EIR need not be as detailed as an EIR on the
				  specific construction projects that might follow.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21003,
						21061
						and
						21100,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15147 - Technical Detail

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The information contained in an EIR shall include
					 summarized technical data, maps, plot plans, diagrams, and similar relevant
					 information sufficient to permit full assessment of significant environmental
					 impacts by reviewing agencies and members of the public. Placement of highly
					 technical and specialized analysis and data in the body of an EIR should be
					 avoided through inclusion of supporting information and analyses as appendices
					 to the main body of the EIR. Appendices to the EIR may be prepared in volumes
					 separate from the basic EIR document, but shall be readily available for public
					 examination and shall be submitted to all clearinghouses which assist in public
					 review.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21003,
						21061
						and
						21100,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15148 - Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Preparation of EIRs is dependent upon information from many
					 sources, including engineering project reports and many scientific documents
					 relating to environmental features. These documents should be cited but not
					 included in the EIR. The EIR shall cite all documents used in its preparation
					 including, where possible, the page and section number of any technical reports
					 which were used as the basis for any statements in the EIR.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21003,
						21061
						and
						21100,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15149 - Use of Registered Professionals in Preparing EIRs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A number of statutes provide that certain
				  professional services can be provided to the public only by individuals who
				  have been registered by a registration board established under California law.
				  Such statutory restrictions apply to a number of professions including but not
				  limited to engineering, land surveying, forestry, geology, and
				  geophysics.
(b) In its intended
				  usage, an EIR is not a technical document that can be prepared only by a
				  registered professional. The EIR serves as a public disclosure document
				  explaining the effects of the proposed project on the environment, alternatives
				  to the project, and ways to minimize adverse effects and to increase beneficial
				  effects. As a result of information in the EIR, the lead agency should
				  establish requirements or conditions on project design, construction, or
				  operation in order to protect or enhance the environment. State statutes may
				  provide that only registered professionals can prepare technical studies which
				  will be used in or which will control the detailed design, construction, or
				  operation of the proposed project and which will be prepared in support of an
				  EIR.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21003,
						21061
						and
						21100,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15150 - Incorporation by Reference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An EIR or negative declaration may
				  incorporate by reference all or portions of another document which is a matter
				  of public record or is generally available to the public. Where all or part of
				  another document is incorporated by reference, the incorporated language shall
				  be considered to be set forth in full as part of the text of the EIR or
				  negative declaration.
(b) Where
				  part of another document is incorporated by reference, such other document
				  shall be made available to the public for inspection at a public place or
				  public building. The EIR or negative declaration shall state where the
				  incorporated documents will be available for inspection. At a minimum, the
				  incorporated document shall be made available to the public in an office of the
				  lead agency in the county where the project would be carried out or in one or
				  more public buildings such as county offices or public libraries if the lead
				  agency does not have an office in the county.
(c) Where an EIR or negative declaration uses
				  incorporation by reference, the incorporated part of the referenced document
				  shall be briefly summarized where possible or briefly described if the data or
				  information cannot be summarized. The relationship between the incorporated
				  part of the referenced document and the EIR shall be described.
(d) Where an agency incorporates information
				  from an EIR that has previously been reviewed through the state review system,
				  the state identification number of the incorporated document should be included
				  in the summary or designation described in subdivision (c).
(e) Examples of materials that may be
				  incorporated by reference include but are not limited to:
(1) A description of the environmental
				  setting from another EIR.
(2) A
				  description of the air pollution problems prepared by an air pollution control
				  agency concerning a process involved in the project.
(3) A description of the city or county
				  general plan that applies to the location of the project.
(4) A description of the effects of
				  greenhouse gas emissions on the environment.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15151 - Standards for Adequacy of an EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An EIR should be prepared with a sufficient degree of
					 analysis to provide decisionmakers with information which enables them to make
					 a decision which intelligently takes account of environmental consequences. An
					 evaluation of the environmental effects of a proposed project need not be
					 exhaustive, but the sufficiency of an EIR is to be reviewed in the light of
					 what is reasonably feasible. Disagreement among experts does not make an EIR
					 inadequate, but the EIR should summarize the main points of disagreement among
					 the experts. The courts have looked not for perfection but for adequacy,
					 completeness, and a good faith effort at full disclosure.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21061
						and
						21100,
						Public Resources Code; San Francisco Ecology Center v. City and County of San
						Francisco, 48 Cal. App. 3d 584
						(1975).
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15152 - Tiering

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Tiering"
				  refers to using the analysis of general matters contained in a broader EIR
				  (such as one prepared for a general plan or policy statement) with later EIRs
				  and negative declarations on narrower projects; incorporating by reference the
				  general discussions from the broader EIR; and concentrating the later EIR or
				  negative declaration solely on the issues specific to the later
				  project.
(b) Agencies are
				  encouraged to tier the environmental analyses which they prepare for separate
				  but related projects including general plans, zoning changes, and development
				  projects. This approach can eliminate repetitive discussions of the same issues
				  and focus the later EIR or negative declaration on the actual issues ripe for
				  decision at each level of environmental review. Tiering is appropriate when the
				  sequence of analysis is from an EIR prepared for a general plan, policy, or
				  program to an EIR or negative declaration for another plan, policy, or program
				  of lesser scope, or to a site-specific EIR or negative declaration. Tiering
				  does not excuse the lead agency from adequately analyzing reasonably
				  foreseeable significant environmental effects of the project and does not
				  justify deferring such analysis to a later tier EIR or negative declaration.
				  However, the level of detail contained in a first tier EIR need not be greater
				  than that of the program, plan, policy, or ordinance being analyzed.
(c) Where a lead agency is using the tiering
				  process in connection with an EIR for a large-scale planning approval, such as
				  a general plan or component thereof (e.g., an area plan or community plan), the
				  development of detailed, site-specific information may not be feasible but can
				  be deferred, in many instances, until such time as the lead agency prepares a
				  future environmental document in connection with a project of a more limited
				  geographical scale, as long as deferral does not prevent adequate
				  identification of significant effects of the planning approval at
				  hand.
(d) Where an EIR has been
				  prepared and certified for a program, plan, policy, or ordinance consistent
				  with the requirements of this section, any lead agency for a later project
				  pursuant to or consistent with the program, plan, policy, or ordinance should
				  limit the EIR or negative declaration on the later project to effects which:
(1) Were not examined as significant effects
				  on the environment in the prior EIR; or
(2) Are susceptible to substantial reduction
				  or avoidance by the choice of specific revisions in the project, by the
				  imposition of conditions, or other means.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15153 - Use of an EIR from an Earlier Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The lead agency may employ a single EIR
				  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.
(b) When a lead agency proposes to use an EIR
				  from an earlier project as the EIR for a separate, later project, the lead
				  agency shall use the following procedures:
(1)
				  The lead agency shall review the proposed project with an initial study, using
				  incorporation by reference if necessary, to determine whether the EIR would
				  adequately describe:
(A) The general
				  environmental setting of the project,
(B) The significant environmental impacts of
				  the project, and
(C) Alternatives
				  and mitigation measures related to each significant effect.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15154 - Projects Near Airports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When a lead agency prepares an EIR for a project within the boundaries of a
				  comprehensive airport land use plan or, if a comprehensive airport land use
				  plan has not been adopted for a project within two nautical miles of a public
				  airport or public use airport, the agency shall utilize the Airport Land Use
				  Planning Handbook published by Caltrans' Division of Aeronautics to assist in
				  the preparation of the EIR relative to potential airport-related safety hazards
				  and noise problems.
(b) A lead
				  agency shall not adopt a negative declaration or mitigated negative declaration
				  for a project described in subdivision (a) unless the lead agency considers
				  whether the project will result in a safety hazard or noise problem for persons
				  using the airport or for persons residing or working in the project
				  area.
1. New
					 section filed 5-27-97; operative 5-27-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 22).
2. Change without regulatory effect amending
					 subsection (b) and NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Section
						21096,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 10 - Considerations in Preparing EIRs and Negative Declarations › Section 15155 - Water Supply Analysis; City or County Consultation with Water Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
				  definitions are applicable to this section.
(1) A "water-demand project" means:
(A) A residential development of more than
				  500 dwelling units.
(B) A shopping
				  center or business establishment employing more than 1,000 persons or having
				  more than 500,000 square feet of floor space.
(C) A commercial office building employing
				  more than 1,000 persons or having more than 250,000 square feet of floor
				  space.
(D) A hotel or motel, or
				  both, having more than 500 rooms.
(E) An industrial, manufacturing, or
				  processing plant, or industrial park planned to house more than 1,000 persons,
				  occupying more than 40 acres of land, or having more than 650,000 square feet
				  of floor area.
(F) A mixed-use
				  project that includes one or more of the projects specified in subdivisions
				  (a)(1)(A), (a)(1)(B), (a)(1)(C), (a)(1)(D), (a)(1)(E), and (a)(1)(G) of this
				  section.
(G) A project that would
				  demand an amount of water equivalent to, or greater than, the amount of water
				  required by a 500 dwelling unit project.
(H) For public water systems with fewer than
				  5,000 service connections, a project that meets the following criteria:
1. A proposed residential, business,
				  commercial, hotel or motel, or industrial development that would account for an
				  increase of 10 percent or more in the number of a public water system's
				  existing service connections; or
2.
				  A mixed-use project that would demand an amount of water equivalent to, or
				  greater than, the amount of water required by residential development that
				  would represent an increase of 10 percent or more in the number of the public
				  water system's existing service connections.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11 - Types of EIRs › Section 15160 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article describes a number of examples of variations
					 in EIRs as the documents are tailored to different situations and intended
					 uses. These variations are not exclusive. Lead agencies may use other
					 variations consistent with the guidelines to meet the needs of other
					 circumstances. All EIRs must meet the content requirements discussed in Article
					 9 beginning with Section
					 15120.
1. New
					 Article 11 (Section
					 15180) filed 12-14-73 as an
					 emergency; effective upon filing. Certificate of Compliance included (Register
					 73, No. 50).
2. Repealer of Article 11 (Section
					 15180) and new Article 11
					 (Sections 15160-15170) filed 7-13-83;
					 effective thirtieth day thereafter (Register 83, No. 29).
3.
					 Editorial correction of 7-13-83 order redesignating effective date to 8-1-83
					 filed 7-14-83 (Register 83, No. 29).
4. Change without regulatory
					 effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21061,
						21100
						and
						21151,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11 - Types of EIRs › Section 15161 - Project EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The most common type of EIR examines the environmental
					 impacts of a specific development project. This type of EIR should focus
					 primarily on the changes in the environment that would result from the
					 development project. The EIR shall examine all phases of the project including
					 planning, construction, and operation.
1. Change
					 without regulatory effect amending NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21061,
						21100
						and
						21151,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11 - Types of EIRs › Section 15162 - Subsequent EIRs and Negative Declarations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When an EIR has been certified or a
				  negative declaration adopted for a project, no subsequent EIR shall be prepared
				  for that project unless the lead agency determines, on the basis of substantial
				  evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the
				  project which will require major revisions of the previous EIR or negative
				  declaration due to the involvement of new significant environmental effects or
				  a substantial increase in the severity of previously identified significant
				  effects;
(2) Substantial changes
				  occur with respect to the circumstances under which the project is undertaken
				  which will require major revisions of the previous EIR or negative declaration
				  due to the involvement of new significant environmental effects or a
				  substantial increase in the severity of previously identified significant
				  effects; or
(3) New information of
				  substantial importance, which was not known and could not have been known with
				  the exercise of reasonable diligence at the time the previous EIR was certified
				  as complete or the negative declaration was adopted, shows any of the
				  following:
(A) The project will have one or
				  more significant effects not discussed in the previous EIR or negative
				  declaration;
(B) Significant
				  effects previously examined will be substantially more severe than shown in the
				  previous EIR;
(C) Mitigation
				  measures or alternatives previously found not to be feasible would in fact be
				  feasible and would substantially reduce one or more significant effects of the
				  project, but the project proponents decline to adopt the mitigation measure or
				  alternative; or
(D) Mitigation
				  measures or alternatives which are considerably different from those analyzed
				  in the previous EIR would substantially reduce one or more significant effects
				  on the environment, but the project proponents decline to adopt the mitigation
				  measure or alternative.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11 - Types of EIRs › Section 15163 - Supplement to an EIR

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  lead or responsible agency may choose to prepare a supplement to an EIR rather
				  than a subsequent EIR if:
(1) Any of the
				  conditions described in Section
				  15162 would require the
				  preparation of a subsequent EIR, and
(2) Only minor additions or changes would be
				  necessary to make the previous EIR adequately apply to the project in the
				  changed situation.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 11 - Types of EIRs › Section 15164 - Addendum to an EIR or Negative Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The lead agency or a responsible agency
				  shall prepare an addendum to a previously certified EIR if some changes or
				  additions are necessary but none of the conditions described in Section
				  15162 calling for preparation of a
				  subsequent EIR have occurred.
(b)
				  An addendum to an adopted negative declaration may be prepared if only minor
				  technical changes or additions are necessary or none of the conditions
				  described in Section
				  15162 calling for the preparation
				  of a subsequent EIR or negative declaration have occurred.
(c) An addendum need not be circulated for
				  public review but can be included in or attached to the final EIR or adopted
				  negative declaration.
(d) The
				  decision-making body shall consider the addendum with the final EIR or adopted
				  negative declaration prior to making a decision on the project.
(e) A brief explanation of the decision not
				  to prepare a subsequent EIR pursuant to Section
				  15162 should be included in an
				  addendum to an EIR, the lead agency's required findings on the project, or
				  elsewhere in the record. The explanation must be supported by substantial
				  evidence.
1. Amendment
					 of section heading, text and NOTE filed 8-19-94; operative 9-19-94 (Register
					 94, No. 33).
2. Amendment of subection (b) and NOTE filed 10-26-98;
					 operative 10-26-98 pursuant to Public Resources Code section
					 21087
					 (Register 98, No. 44).
3. Change without regulatory effect amending
					 NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Section
						21166,
						Public Resources Code; Bowman v. City of Petaluma (1986) 185 Cal.App.3d 1065;
						and Benton v. Board of Supervisors (1991) 226 Cal.App.3d
						1467.