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 12.5 - EXEMPTIONS FOR AGRICULTURAL HOUSING, AFFORDABLE HOUSING, AND RESIDENTIAL INFILL PROJECTS › Section 15192 - Threshold Requirements for Exemptions for Agricultural Housing, Affordable Housing, and Residential Infill Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order to qualify for an exemption set forth in sections
					 15193,
					 15194 or
					 15195, a housing project must meet
					 all of the threshold criteria set forth below.
(a) The project must be consistent with:
(1) Any applicable general plan, specific
				  plan, or local coastal program, including any mitigation measures required by
				  such plan or program, as that plan or program existed on the date that the
				  application for the project pursuant to Section
				  65943 of
				  the Government Code was deemed complete; and
(2) Any applicable zoning ordinance, as that
				  zoning ordinance existed on the date that the application for the project
				  pursuant to Section
				  65943 of
				  the Government Code was deemed complete, unless the zoning of project property
				  is inconsistent with the general plan because the project property has not been
				  rezoned to conform to the general plan.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12.5 - EXEMPTIONS FOR AGRICULTURAL HOUSING, AFFORDABLE HOUSING, AND RESIDENTIAL INFILL PROJECTS › Section 15193 - Agricultural Housing Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
CEQA does not apply to any development project that meets
					 the following criteria.
(a) The
				  project meets the threshold criteria set forth in section
				  15192.
(b) The project site meets the following size
				  criteria:
(1) The project site is located in
				  an area with a population density of at least 1,000 persons per square mile and
				  is two acres or less in area; or
(2) The project site is located in an area
				  with a population density of less than 1,000 persons per square mile and is
				  five acres or less in area.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12.5 - EXEMPTIONS FOR AGRICULTURAL HOUSING, AFFORDABLE HOUSING, AND RESIDENTIAL INFILL PROJECTS › Section 15194 - Affordable Housing Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
CEQA does not apply to any development project that meets
					 the following criteria:
(a) The
				  project meets the threshold criteria set forth in section
				  15192.
(b) The project meets the following size
				  criteria: the project site is not more than five acres in area.
(c) The project meets both of the following
				  requirements regarding location:
(1) The
				  project meets one of the following location requirements relating to population
				  density:
(A) The project site is located
				  within an urbanized area or within a census-defined place with a population
				  density of at least 5,000 persons per square mile.
(B) If the project consists of 50 or fewer
				  units, the project site is located within an incorporated city with a
				  population density of at least 2,500 persons per square mile and a total
				  population of at least 25,000 persons.
(C) The project is located within either an
				  incorporated city or a census defined place with a population density of at
				  least 1,000 persons per square mile and there is no reasonable possibility that
				  the project would have a significant effect on the environment or the residents
				  of the project due to unusual circumstances or due to the related or cumulative
				  impacts of reasonably foreseeable projects in the vicinity of the
				  project.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12.5 - EXEMPTIONS FOR AGRICULTURAL HOUSING, AFFORDABLE HOUSING, AND RESIDENTIAL INFILL PROJECTS › Section 15196 - Notice of Exemption for Agricultural Housing, Affordable Housing, and Residential Infill Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When a local agency determines that a project is not subject to CEQA under
				  Section 15193,
				  15194, or
				  15195, and it approves or
				  determines to carry out that project, the local agency or person seeking
				  project approval shall file the notice required by Section
				  21152.1
				  of the Public Resources Code, pursuant to Section
				  15062.
(b) Failure to file the notice required by
				  this section does not affect the validity of a project.
(c) Nothing in this section affects the time
				  limitations contained in Section
				  21167.
1. New
					 section filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code
					 section
					 21083(f)
					 (Register 2007, No. 30).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: 21152.1, 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 13 - REVIEW AND EVALUATION OF EIRS AND NEGATIVE DECLARATIONS › Section 15200 - Purposes of Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purposes of review of EIRs and negative declarations
					 include:
(a) Sharing
				  expertise,
(b) Disclosing agency
				  analyses,
(c) Checking for
				  accuracy,
(d) Detecting
				  omissions,
(e) Discovering public
				  concerns, and
(f) Soliciting
				  counter proposals.
1. New
					 Article 13 (Sections
					 15201-15203) filed 2-2-78;
					 effective thirtieth day thereafter (Register 78, No. 5).
2. Repealer
					 of Article 13 (Sections
					 15201-15203) and new Article 13
					 (Sections 15200-15209) 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: Section
						21000,
						21108
						and
						21152,
						Public Resources Code; Environmental Defense Fund v. Coastside County Water
						District (1972) 27 Cal. App. 3d 695; County of Inyo v. City of Los Angeles
						(1977) 71 Cal. App. 3d 185.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 13 - REVIEW AND EVALUATION OF EIRS AND NEGATIVE DECLARATIONS › Section 15201 - Public Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Public participation is an essential part of the CEQA
					 process. Each public agency should include provisions in its CEQA procedures
					 for wide public involvement, formal and informal, consistent with its existing
					 activities and procedures, in order to receive and evaluate public reactions to
					 environmental issues related to the agency's activities. Such procedures should
					 include, whenever possible, making environmental information available in
					 electronic format on the Internet, on a web site maintained or utilized by the
					 public agency.
1. Amendment
					 filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section
					 21087
					 (Register 98, No. 44).
2. 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,
						21082,
						21108
						and
						21152,
						Public Resources Code; Environmental Defense Fund v. Coastside County Water
						District (1972) 27 Cal. App. 3d 695; People v. County of Kern (1974) 39 Cal.
						App. 3d 830; County of Inyo v. City of Los Angeles (1977) 71 Cal. App. 3d
						185.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 13 - REVIEW AND EVALUATION OF EIRS AND NEGATIVE DECLARATIONS › Section 15202 - Public Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  CEQA does not require formal hearings at any stage of the environmental review
				  process. Public comments may be restricted to written communications.
(b) If an agency provides a public hearing on
				  its decision to carry out or approve a project, the agency should include
				  environmental review as one of the subjects for the hearing.
(c) A public hearing on the environmental
				  impact of a project should usually be held when the lead agency determines it
				  would facilitate the purposes and goals of CEQA to do so. The hearing may be
				  held in conjunction with and as a part of normal planning activities.
(d) A draft EIR or negative declaration
				  should be used as a basis for discussion at a public hearing. The hearing may
				  be held at a place where public hearings are regularly conducted by the lead
				  agency or at another location expected to be convenient to the
				  public.
(e) Notice of all public
				  hearings shall be given in a timely manner. This notice may be given in the
				  same form and time as notice for other regularly conducted public hearings of
				  the public agency. To the extent that the public agency maintains an Internet
				  web site, notice of all public hearings should be made available in electronic
				  format on that site.
(f) A public
				  agency may include, in its implementing procedures, procedures for the
				  conducting of public hearings pursuant to this section. The procedures may
				  adopt existing notice and hearing requirements of the public agency for
				  regularly conducted legislative, planning, and other activities.
(g) There is no requirement for a public
				  agency to conduct a public hearing in connection with its review of an EIR
				  prepared by another public agency.
1. Amendment
					 of subsection (e) filed 10-26-98; operative 10-26-98 pursuant to Public
					 Resources Code section
					 21087
					 (Register 98, No. 44).
2. 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,
						21082,
						21108
						and
						21152,
						Public Resources Code; Concerned Citizens of Palm Desert, Inc. v. Board of
						Supervisors (1974) 38 Cal. App. 3d
						272.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 13 - REVIEW AND EVALUATION OF EIRS AND NEGATIVE DECLARATIONS › Section 15203 - Adequate Time for Review and Comment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The lead agency shall provide adequate time for other
					 public agencies and members of the public to review and comment on a draft EIR
					 or negative declaration that it has prepared.
(a) Public agencies may establish time
				  periods for review in their implementing procedures and shall notify the public
				  and reviewing agencies of the time for receipt of comments on EIRs. These time
				  periods shall be consistent with applicable statutes, the State CEQA
				  Guidelines, and applicable clearinghouse review periods.
(b) A review period for an EIR does not
				  require a halt in other planning or evaluation activities related to a project.
				  Planning should continue in conjunction with environmental
				  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
						21082,
						21108
						and
						21152,
						Public Resources Code. Formerly Sections
						15160(a) and
						(e).
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 13 - REVIEW AND EVALUATION OF EIRS AND NEGATIVE DECLARATIONS › Section 15204 - Focus of Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  reviewing draft EIRs, persons and public agencies should focus on the
				  sufficiency of the document in identifying and analyzing the possible impacts
				  on the environment and ways in which the significant effects of the project
				  might be avoided or mitigated. Comments are most helpful when they suggest
				  additional specific alternatives or mitigation measures that would provide
				  better ways to avoid or mitigate the significant environmental effects. At the
				  same time, reviewers should be aware that the adequacy of an EIR is determined
				  in terms of what is reasonably feasible, in light of factors such as the
				  magnitude of the project at issue, the severity of its likely environmental
				  impacts, and the geographic scope of the project. CEQA does not require a lead
				  agency to conduct every test or perform all research, study, and
				  experimentation recommended or demanded by commentors. When responding to
				  comments, lead agencies need only respond to significant environmental issues
				  and do not need to provide all information requested by reviewers, as long as a
				  good faith effort at full disclosure is made in the EIR.
(b) In reviewing negative declarations,
				  persons and public agencies should focus on the proposed finding that the
				  project will not have a significant effect on the environment. If persons and
				  public agencies believe that the project may have a significant effect, they
				  should:
(1) Identify the specfic
				  effect,
(2) Explain why they
				  believe the effect would occur, and
(3) Explain why they believe the effect would
				  be significant.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 13 - REVIEW AND EVALUATION OF EIRS AND NEGATIVE DECLARATIONS › Section 15205 - Review by State Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Draft EIRs and negative declarations to be reviewed by state agencies shall be
				  submitted to the State Clearinghouse, 1400 Tenth Street, Sacramento, California
				  95814. For U.S. Mail, submit to P.O. Box 3044, Sacramento, California
				  95812-3044. When submitting such documents to the State Clearinghouse, the
				  public agency shall include, in addition to the printed copy, a copy of the
				  document in electronic form on a diskette or by electronic mail transmission,
				  if available.
(b) The following
				  environmental documents shall be submitted to the State Clearinghouse for
				  review by state agencies:
(1) Draft EIRs and
				  negative declarations prepared by a state agency where such agency is a lead
				  agency.
(2) Draft EIRs and negative
				  declarations prepared by a public agency where a state agency is a responsible
				  agency, trustee agency, or otherwise has jurisdiction by law with respect to
				  the project.
(3) Draft EIRs and
				  negative declarations on projects identified in Section
				  15206 as being of statewide,
				  regional, or areawide significance.
(4) Draft EIRs, environmental assessments,
				  and findings of no significant impact prepared pursuant to NEPA, the Federal
				  Guidelines (Title 40 CFR, Part 1500 , commencing with Section
				  1500.1).
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 13 - REVIEW AND EVALUATION OF EIRS AND NEGATIVE DECLARATIONS › Section 15206 - Projects of Statewide, Regional, or Areawide Significance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Projects meeting the criteria in this
				  section shall be deemed to be of statewide, regional, or areawide significance.
(1) A draft EIR or negative declaration
				  prepared by any public agency on a project described in this section shall be
				  submitted to the State Clearinghouse and should be submitted also to the
				  appropriate metropolitan area council of governments for review and comment.
				  The notice of completion form required by the State Clearinghouse must be
				  submitted together with the copies of the EIR and may be submitted together
				  with the copies of the negative declaration. The notice of completion form
				  required by the State Clearinghouse is included in Appendix C. If the lead
				  agency uses the on-line process for submittal of the notice of completion form
				  to the State Clearinghouse, the form generated from the Internet shall satisfy
				  this requirement (refer to www.ceqanet.ca.gov).
(2) When such documents are submitted to the
				  State Clearinghouse, the public agency shall include, in addition to the
				  printed copy, a copy of the document in electronic format on a diskette or by
				  electronic mail transmission, if available.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 13 - REVIEW AND EVALUATION OF EIRS AND NEGATIVE DECLARATIONS › Section 15207 - Failure to Comment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any public agency or person who is consulted with regard
					 to an EIR or negative declaration fails to comment within a reasonable time as
					 specified by the lead agency, it shall be assumed, absent a request for a
					 specific extension of time, that such agency or person has no comment to make.
					 Although the lead agency need not respond to late comments, the lead agency may
					 choose to respond to them.
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; Cleary v. County of Stanislaus (1981) 118 Cal. App. 3d
						348. Formerly Section
						15162.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 13 - REVIEW AND EVALUATION OF EIRS AND NEGATIVE DECLARATIONS › Section 15208 - Retention and Availability of Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Comments received through the consultation process shall be
					 retained for a reasonable period and available for public inspection at an
					 address given in the final EIR. Comments which may be received on a draft EIR
					 or negative declaration under preparation shall also be considered and kept on
					 file.
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,
						21082.1
						and
						21153,
						Public Resources Code; Section
						4, Chapter 480, Statutes of 1981;
						People v. County of Kern (1974) 39 Cal. App. 3d
						830.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 13 - REVIEW AND EVALUATION OF EIRS AND NEGATIVE DECLARATIONS › Section 15209 - Comments on Initiative of Public Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every public agency may comment on environmental documents
					 dealing with projects which affect resources with which the agency has special
					 expertise regardless of whether its comments were solicited or whether the
					 effects fall within the legal jurisdiction of the 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: Sections
						21002,
						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 14 - Projects Also Subject to the National Environmental Policy Act (NEPA) › Section 15220 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article applies to projects that are subject to both
					 CEQA and NEPA. NEPA applies to projects which are carried out, financed, or
					 approved in whole or in part by federal agencies. Accordingly, this article
					 applies to projects which involve one or more state or local agencies and one
					 or more federal agencies.
1. New
					 Article 14 (Sections
					 15220-15228) filed 7-13-83;
					 effective thirtieth day thereafter (Register 83, No. 29).
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
						21083.5,
						21083.6
						and
						21083.7,
						Public Resources Code; National Environmental Policy Act of 1969,
						Public Law
						91-190 as amended,
						42 U.S.C.A.
						4321-4347; NEPA Regulations, 40 Code of
						Federal Regulations (C.F.R.) Parts
						1500-1508.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 14 - Projects Also Subject to the National Environmental Policy Act (NEPA) › Section 15221 - NEPA Document Ready Before CEQA Document

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a project will require compliance
				  with both CEQA and NEPA, state or local agencies should use the EIS or finding
				  of no significant impact rather than preparing an EIR or negative declaration
				  if the following two conditions occur:
(1) An
				  EIS or finding of no significant impact will be prepared before an EIR or
				  negative declaration would otherwise be completed for the project;
				  and
(2) The EIS or finding of no
				  significant impact complies with the provisions of these
				  guidelines.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 14 - Projects Also Subject to the National Environmental Policy Act (NEPA) › Section 15222 - Preparation of Joint Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a lead agency finds that an EIS or finding of no
					 significant impact for a project would not be prepared by the federal agency by
					 the time when the lead agency will need to consider an EIR or negative
					 declaration, the lead agency should try to prepare a combined EIR-EIS or
					 negative declaration-finding of no significant impact. To avoid the need for
					 the federal agency to prepare a separate document for the same project, the
					 lead agency must involve the federal agency in the preparation of the joint
					 document. The lead agency may also enter into a Memorandum of Understanding
					 with the federal agency to ensure that both federal and state requirements are
					 met. This involvement is necessary because federal law generally prohibits a
					 federal agency from using an EIR prepared by a state agency unless the federal
					 agency was involved in the preparation of the document.
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).
2. Amendment filed 12-28-2018;
					 operative 12-28-2018 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 52).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21083.5
						and
						21083.7,
						Public Resources Code; Section
						102(2)(D) of
						NEPA, 43 U.S.C.A.
						4322 (2)(D); and 40 C.F.R.
						Part 1506.2.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 14 - Projects Also Subject to the National Environmental Policy Act (NEPA) › Section 15223 - Consultation with Federal Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When it plans to use an EIS or finding of no significant
					 impact or to prepare such a document jointly with a federal agency, the lead
					 agency shall consult as soon as possible with the federal
					 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: Sections
						21083.5
						and
						21083.7,
						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 14 - Projects Also Subject to the National Environmental Policy Act (NEPA) › Section 15224 - Time Limits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where a project will be subject to both CEQA and the
					 National Environmental Policy Act, the one year time limit and the 105 day time
					 limit may be waived pursuant to Section
					 15110.
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
						21083.6,
						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 14 - Projects Also Subject to the National Environmental Policy Act (NEPA) › Section 15225 - Circulation of Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where the federal agency circulated the
				  EIS or finding of no significant impact for public review as broadly as state
				  or local law may require and gave notice meeting the standards in Section
				  15072(a) or
				  15087(a), the
				  lead agency under CEQA may use the federal document in the place of an EIR or
				  negative declaration without recirculating the federal document for public
				  review. One review and comment period is enough. Prior to using the federal
				  document in this situation, the lead agency shall give notice that it will use
				  the federal document in the place of an EIR or negative declaration and that it
				  believes that the federal document meets the requirements of CEQA. The notice
				  shall be given in the same manner as a notice of the public availability of a
				  draft EIR under Section
				  15087.
(b) If an EIS has been prepared and filed
				  pursuant to NEPA on the closure and reuse of a military base and the Lead
				  Agency decides that the EIS does not fully meet the requirements of CEQA or has
				  not been circulated for public review as state and local law may require, the
				  Lead Agency responsible for preparation of an EIR for a reuse plan for the same
				  base may proceed in the following manner:
(1)
				  Prepare and circulate a notice of preparation pursuant to Section
				  15082. The notice shall include a
				  description of the reuse plan, a copy of the EIS, an address to which to send
				  comments, and the deadline for submitting comments. The notice shall state that
				  the lead agency intends to utilize the EIS as a draft EIR and requests comments
				  on whether the EIS provides adequate information to serve as a draft EIR and
				  what specific additional information, if any, is necessary.
(2) Upon the close of the comment period, the
				  lead agency may proceed with preparation and circulation for comment of the
				  draft EIR for the reuse plan. To the greatest extent feasible, the lead agency
				  shall avoid duplication and utilize the EIS or information in the EIS as all or
				  part of the draft EIR. The EIR shall be completed in compliance with the
				  provisions of CEQA.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 14 - Projects Also Subject to the National Environmental Policy Act (NEPA) › Section 15226 - Joint Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
State and local agencies should cooperate with federal
					 agencies to the fullest extent possible to reduce duplication between the
					 California Environmental Quality Act and the National Environmental Policy Act.
					 Such cooperation should, to the fullest extent possible, include:
(a) Joint planning processes,
(b) Joint environmental research and
				  studies,
(c) Joint public
				  hearings,
(d) Joint environmental
				  documents.
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
						21083.5
						and
						21083.7,
						Public Resources Code; 40 C.F.R. Part
						1506.2.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 14 - Projects Also Subject to the National Environmental Policy Act (NEPA) › Section 15227 - State Comments on a Federal Project

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When a state agency officially comments on a proposed
					 federal project which may have a significant effect on the environment, the
					 comments shall include or reference a discussion of the material specified in
					 Section 15126. An EIS on the federal
					 project may be referenced to meet the requirements of this
					 section.
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
						21101,
						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 14 - Projects Also Subject to the National Environmental Policy Act (NEPA) › Section 15228 - Where Federal Agency Will Not Cooperate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where a federal agency will not cooperate in the
					 preparation of joint document and will require separate NEPA compliance for the
					 project at a later time, the state or local agency should persist in efforts to
					 cooperate with the federal agency. Because NEPA expressly allows federal
					 agencies to use environmental documents prepared by an agency of statewide
					 jurisdiction, a local agency should try to involve a state agency in helping
					 prepare an EIR or negative declaration for the project. In this way there will
					 be a greater chance that the federal agency may later use the CEQA document and
					 not require the applicant to pay for preparation of a second document to meet
					 NEPA requirements at a later time.
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
						21083.5,
						Public Resources Code; Section
						102(2)(D) of
						NEPA, 42 U.S.C.A.
						4322(2)(D).
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 15 - Litigation › Section 15230 - Time Limits and Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Litigation under CEQA must be handled under the time limits
					 and criteria described in Sections
					 21167 et seq. of the Public
					 Resources Code and Section
					 15112 of these guidelines in
					 addition to provisions in this article.
1. New
					 Article 15 (Sections
					 15230-15233) filed 7-13-83;
					 effective thirtieth day thereafter (Register 83, No. 29).
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
						21167 et seq., 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 15 - Litigation › Section 15231 - Adequacy of EIR or Negative Declaration for Use by Lead and Responsible Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A final EIR prepared by a lead agency or a negative
					 declaration adopted by a lead agency shall be conclusively presumed to comply
					 with CEQA for purposes of use by responsible agencies which were consulted
					 pursuant to Sections
					 15072 or
					 15082 unless one of the following
					 conditions occurs:
(a) The EIR or
				  negative declaration is finally adjudged in a legal proceeding not to comply
				  with the requirements of CEQA, or
(b) A subsequent EIR is made necessary by
				  Section 15162 of these
				  guidelines.
1. Amendment
					 of section heading filed 10-26-98; operative 10-26-98 pursuant to Public
					 Resources Code section
					 21087
					 (Register 98, No. 44).
2. 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
						21080.1,
						21166,
						21167.2
						and
						21167.3,
						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 15 - Litigation › Section 15232 - Request for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In a writ of mandate proceeding challenging approval of a
					 project under CEQA, the petitioner shall, within 90 days of filing the
					 petition, request a hearing or otherwise be subject to dismissal on the court's
					 own motion or on the motion of any party to the suit.
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
						21167.4,
						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 15 - Litigation › Section 15233 - Conditional Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a lawsuit is filed challenging an EIR or negative
					 declaration for noncompliance with CEQA, responsible agencies shall act as if
					 the EIR or negative declaration complies with CEQA and continue to process the
					 application for the project according to the time limits for responsible agency
					 action contained in Government Code Section
					 65952.
(a) If an injunction or a stay has been
				  granted in the lawsuit prohibiting the project from being carried out, the
				  responsible agency shall have authority only to disapprove the project or to
				  grant a conditional approval of the project. A conditional approval shall
				  constitute permission to proceed with a project only when the court action
				  results in a final determination that the EIR or negative declaration does
				  comply with the provisions of CEQA (Public Resources Code Section
				  21167.3a).
(b) If no injunction or stay is granted in
				  the lawsuit, the responsible agency shall assume that the EIR or negative
				  declaration fully meets the requirements of CEQA. The responsible agency shall
				  approve or disapprove the project within the time limits described in Article
				  8, commencing with Section
				  15100, of these guidelines and
				  described in Government Code Section
				  65952. An
				  approval granted by a responsible agency in this situation provides only
				  permission to proceed with the project at the applicant's risk prior to a final
				  decision in the lawsuit (Public Resources Code Section
				  21167.3b).
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
						21167.3,
						Public Resources Code; Kriebel v. City Council (1980) 112 Cal. App. 3d
						693.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 15 - Litigation › Section 15234 - Remand

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Courts may
				  fashion equitable remedies in CEQA litigation. If a court determines that a
				  public agency has not complied with CEQA, and that noncompliance was a
				  prejudicial abuse of discretion, the court shall issue a peremptory writ of
				  mandate requiring the agency to do one or more of the following:
(1) void the project approval, in whole or in
				  part;
(2) suspend any project
				  activities that preclude consideration and implementation of mitigation
				  measures and alternatives necessary to comply with CEQA; or
(3) take specific action necessary to bring
				  the agency's consideration of the project into compliance with
				  CEQA.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 16 - EIR MONITOR › Section 15240 - EIR Monitor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Secretary for Resources may provide for publication of
					 a bulletin entitled "California EIR Monitor" on a subscription basis to provide
					 public notice of amendments to the guidelines, the completion of draft EIRs,
					 and other matters as deemed appropriate. Inquiries and subscription requests
					 should be sent to the following address:
SECRETARY FOR RESOURCES
ATTENTION: CALIFORNIA EIR MONITOR
1416 NINTH STREET, ROOM 1311
SACRAMENTO, CALIFORNIA 95814
1. New
					 Article 16 (Section
					 15240) filed 7-13-83; effective
					 thirtieth day thereafter (Register 83, No. 29).
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: Section
						21088,
						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 17 - EXEMPTION FOR CERTIFIED STATE REGULATORY PROGRAMS › Section 15250 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Section
					 21080.5
					 of the Public Resources Code provides that a regulatory program of a state
					 agency shall be certified by the Secretary for Resources as being exempt from
					 the requirements for preparing EIRs, negative declarations, and initial studies
					 if the Secretary finds that the program meets the criteria contained in that
					 code section. A certified program remains subject to other provisions in CEQA
					 such as the policy of avoiding significant adverse effects on the environment
					 where feasible. This article provides information concerning certified
					 programs.
1. New
					 Article 17 (Sections
					 15250-15253) filed 7-13-83;
					 effective thirtieth day thereafter (Register 83, No. 29).
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: Section
						21080.5,
						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 17 - EXEMPTION FOR CERTIFIED STATE REGULATORY PROGRAMS › Section 15252 - Substitute Document

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The document used as a substitute for an EIR or negative declaration in a
				  certified program shall include at least the following items:
(1) A description of the proposed activity,
				  and
(2) Either:
(A) Alternatives to the activity and
				  mitigation measures to avoid or reduce any significant or potentially
				  significant effects that the project might have on the environment,
				  or
(B) A statement that the
				  agency's review of the project showed that the project would not have any
				  significant or potentially significant effects on the environment and therefore
				  no alternatives or mitigation measures are proposed to avoid or reduce any
				  significant effects on the environment. This statement shall be supported by a
				  checklist or other documentation to show the possible effects that the agency
				  examined in reaching this conclusion.
California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 17 - EXEMPTION FOR CERTIFIED STATE REGULATORY PROGRAMS › Section 15253 - Use of an EIR Substitute by a Responsible Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An environmental analysis document
				  prepared for a project under a certified program listed in Section
				  15251 shall be used by another
				  agency granting an approval for the same project where the conditions in
				  subdivision (b) have been met. In this situation, the certified agency shall
				  act as lead agency, and the other permitting agencies shall act as responsible
				  agencies using the certified agency's document.
(b) The conditions under which a public
				  agency shall act as a responsible agency when approving a project using an
				  environmental analysis document prepared under a certified program in the place
				  of an EIR or negative declaration are as follows:
(1) The certified agency is the first agency
				  to grant a discretionary approval for the project.
(2) The certified agency consults with the
				  responsible agencies, but the consultation need not include the exchange of
				  written notices.
(3) The
				  environmental analysis document identifies:
(A) The significant environmental effects
				  within the jurisdiction or special expertise of the responsible
				  agency.
(B) Alternatives or
				  mitigation measures that could avoid or reduce the severity of the significant
				  environmental effects.
(4) Where written notices were not exchanged
				  in the consultation process, the responsible agency was afforded the
				  opportunity to participate in the review of the property by the certified
				  agency in a regular manner designed to inform the certified agency of the
				  concerns of the responsible agency before release of the EIR substitute for
				  public review.
(5) The certified
				  agency established a consultation period between the certified agency and the
				  responsible agency that was at least as long as the period allowed for public
				  review of the EIR substitute document.
(6) The certified agency exercised the powers
				  of a lead agency by considering all the significant environmental effects of
				  the project and making a finding under Section
				  15091 for 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 18 - Statutory Exemptions › Section 15260 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article describes the exemptions from CEQA granted by
					 the Legislature. The exemptions take several forms. Some exemptions are
					 complete exemptions from CEQA. Other exemptions apply to only part of the
					 requirements of CEQA, and still other exemptions apply only to the timing of
					 CEQA compliance.
1. New
					 Article 18 (Sections
					 15260-15277) filed 7-13-83;
					 effective thirtieth day thereafter (Register 83, No. 29).
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: Section
						21080(b),
						Public Resources Code.