Chapter 2.6: General

§ 21080. Division application to discretionary projects;

nonapplication; negative declarations; environmental

impact report preparation

(a) Except as otherwise provided in this division, this

division shall apply to discretionary projects proposed to be carried

out or approved by public agencies, including, but not limited to,

the enactment and amendment of zoning ordinances, the issuance of

zoning variances, the issuance of conditional use permits, and the

approval of tentative subdivision maps unless the project is exempt

from this division.

(b) This division does not apply to any of the following

activities:

(1) Ministerial projects proposed to be carried out or approved by

public agencies.

(2) Emergency repairs to public service facilities necessary to

maintain service.

(3) Projects undertaken, carried out, or approved by a public

agency to maintain, repair, restore, demolish, or replace property or

facilities damaged or destroyed as a result of a disaster in a

disaster-stricken area in which a state of emergency has been

proclaimed by the Governor pursuant to Chapter 7 (commencing with

Section 8550) of Division 1 of Title 2 of the Government Code.

(4) Specific actions necessary to prevent or mitigate an

emergency.

(5) Projects which a public agency rejects or disapproves.

(6) Actions undertaken by a public agency relating to any thermal

powerplant site or facility, including the expenditure, obligation,

or encumbrance of funds by a public agency for planning, engineering,

or design purposes, or for the conditional sale or purchase of

equipment, fuel, water (except groundwater), steam, or power for a

thermal powerplant, if the powerplant site and related facility will

be the subject of an environmental impact report, negative

declaration, or other document, prepared pursuant to a regulatory

program certified pursuant to Section 21080.5, which will be prepared

by the State Energy Resources Conservation and Development

Commission, by the Public Utilities Commission, or by the city or

county in which the powerplant and related facility would be located

if the environmental impact report, negative declaration, or document

includes the environmental impact, if any, of the action described

in this paragraph.

(7) Activities or approvals necessary to the bidding for, hosting

or staging of, and funding or carrying out of, an Olympic games under

the authority of the International Olympic Committee, except for the

construction of facilities necessary for the Olympic games.

(8) The establishment, modification, structuring, restructuring,

or approval of rates, tolls, fares, or other charges by public

agencies which the public agency finds are for the purpose of (A)

meeting operating expenses, including employee wage rates and fringe

benefits, (B) purchasing or leasing supplies, equipment, or

materials, (C) meeting financial reserve needs and requirements, (D)

obtaining funds for capital projects necessary to maintain service

within existing service areas, or (E) obtaining funds necessary to

maintain those intracity transfers as are authorized by city charter.

The public agency shall incorporate written findings in the record

of any proceeding in which an exemption under this paragraph is

claimed setting forth with specificity the basis for the claim of

exemption.

(9) All classes of projects designated pursuant to Section 21084.

(10) A project for the institution or increase of passenger or

commuter services on rail or highway rights-of-way already in use,

including modernization of existing stations and parking facilities.

(11) A project for the institution or increase of passenger or

commuter service on high-occupancy vehicle lanes already in use,

including the modernization of existing stations and parking

facilities.

(12) Facility extensions not to exceed four miles in length which

are required for the transfer of passengers from or to exclusive

public mass transit guideway or busway public transit services.

(13) A project for the development of a regional transportation

improvement program, the state transportation improvement program, or

a congestion management program prepared pursuant to Section 65089

of the Government Code.

(14) Any project or portion thereof located in another state which

will be subject to environmental impact review pursuant to the

National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et

seq.) or similar state laws of that state. Any emissions or

discharges that would have a significant effect on the environment in

this state are subject to this division.

(15) Projects undertaken by a local agency to implement a rule or

regulation imposed by a state agency, board, or commission under a

certified regulatory program pursuant to Section 21080.5. Any

site-specific effect of the project which was not analyzed as a

significant effect on the environment in the plan or other written

documentation required by Section 21080.5 is subject to this

division.

otherwise exempt from this division, would not have a significant

effect on the environment, the lead agency shall adopt a negative

declaration to that effect. The negative declaration shall be

prepared for the proposed project in either of the following

circumstances:

(1) There is no substantial evidence, in light of the whole record

before the lead agency, that the project may have a significant

effect on the environment.

(2) An initial study identifies potentially significant effects on

the environment, but (A) revisions in the project plans or proposals

made by, or agreed to by, the applicant before the proposed negative

declaration and initial study are released for public review would

avoid the effects or mitigate the effects to a point where clearly no

significant effect on the environment would occur, and (B) there is

no substantial evidence, in light of the whole record before the lead

agency, that the project, as revised, may have a significant effect

on the environment.

(d) If there is substantial evidence, in light of the whole record

before the lead agency, that the project may have a significant

effect on the environment, an environmental impact report shall be

prepared.

(e) (1) For the purposes of this section and this division,

substantial evidence includes fact, a reasonable assumption

predicated upon fact, or expert opinion supported by fact.

(2) Substantial evidence is not argument, speculation,

unsubstantiated opinion or narrative, evidence that is clearly

inaccurate or erroneous, or evidence of social or economic impacts

that do not contribute to, or are not caused by, physical impacts on

the environment.

(f) As a result of the public review process for a mitigated

negative declaration, including administrative decisions and public

hearings, the lead agency may conclude that certain mitigation

measures identified pursuant to paragraph (2) of subdivision (c) are

infeasible or otherwise undesirable. In those circumstances, the

lead agency, prior to approving the project, may delete those

mitigation measures and substitute for them other mitigation measures

that the lead agency finds, after holding a public hearing on the

matter, are equivalent or more effective in mitigating significant

effects on the environment to a less than significant level and that

do not cause any potentially significant effect on the environment.

If those new mitigation measures are made conditions of project

approval or are otherwise made part of the project approval, the

deletion of the former measures and the substitution of the new

mitigation measures shall not constitute an action or circumstance

requiring recirculation of the mitigated negative declaration.

(g) Nothing in this section shall preclude a project applicant or

any other person from challenging, in an administrative or judicial

proceeding, the legality of a condition of project approval imposed

by the lead agency. If, however, any condition of project approval

set aside by either an administrative body or court was necessary to

avoid or lessen the likelihood of the occurrence of a significant

effect on the environment, the lead agency's approval of the negative

declaration and project shall be invalid and a new environmental

review process shall be conducted before the project can be

reapproved, unless the lead agency substitutes a new condition that

the lead agency finds, after holding a public hearing on the matter,

is equivalent to, or more effective in, lessening or avoiding

significant effects on the environment and that does not cause any

potentially significant effect on the environment.

§ 21080.01. California Men's Colony West Facility in

San Luis Obispo County; inapplicability of division

to reopening and operation

This division shall not apply to any activity or approval

necessary for the reopening and operation of the California Men's

Colony West Facility in San Luis Obispo County.

§ 21080.02. Kings County; vicinity of Corcoran; new

prison facilities; application of division

This division shall not apply to any activity or approval

necessary for or incidental to planning, design, site acquisition,

construction, operation, or maintenance of the new prison facility at

or in the vicinity of Corcoran in Kings County as authorized by the

act that enacted this section.

§ 21080.03. Kings and Amador (Ione) Counties;

prisons; application of division

This division shall not apply to any activity or approval

necessary for or incidental to the location, development,

construction, operation, or maintenance of the prison in the County

of Kings, authorized by Section 9 of Chapter 958 of the Statutes of

1983, as amended, and of the prison in the County of Amador (Ione),

authorized by Chapter 957 of the Statutes of 1983, as amended.

§ 21080.04. Rocktram-Krug passenger rail service

project; application of division; lead agency;

legislative intent

(a) Notwithstanding paragraph (10) of subdivision (b) of

Section 21080, this division applies to a project for the institution

of passenger rail service on a line paralleling State Highway 29 and

running from Rocktram to Krug in the Napa Valley. With respect to

that project, and for the purposes of this division, the Public

Utilities Commission is the lead agency.

(b) It is the intent of the Legislature in enacting this section

to abrogate the decision of the California Supreme Court "that

Section 21080, subdivision (b)(11), exempts Wine Train's institution

of passenger service on the Rocktram-Krug line from the requirements

of CEQA" in Napa Valley Wine Train, Inc. v. Public Utilities Com., 50

Cal. 3d 370.

to confer jurisdiction upon the Public Utilities Commission with

respect to, any other project involving rail service.

§ 21080.05. San Francisco Peninsula commute service

project between San Francisco and San Jose;

application of division

This division does not apply to a project by a public

agency to lease or purchase the rail right-of-way used for the San

Francisco Peninsula commute service between San Francisco and San

Jose, together with all branch and spur lines, including the

Dumbarton and Vasona lines.

§ 21080.07. Riverside and Del Norte Counties; planning

and construction of new prison facilities; application of

division

This division shall not apply to any activity or approval

necessary for or incidental to planning, design, site acquisition,

construction, operation, or maintenance of the new prison facilities

located in any of the following places:

(a) The County of Riverside.

(b) The County of Del Norte.

§ 21080.08. Funding by Rural Economic Development

Infrastructure Panel; application of division

This division shall not apply to any activity or approval

necessary for or incidental to project funding, or the authorization

for the expenditure of funds for the project, by the Rural Economic

Development Infrastructure Panel pursuant to Article 5 (commencing

with Section 15373.6) of Chapter 2.5 of Part 6.7 of Division 3 of

Title 2 of the Government Code.

§ 21080.09. Public higher education; campus location; long

range development plans

(a) For purposes of this section, the following

definitions apply:

(1) "Public higher education" has the same meaning as specified in

Section 66010 of the Education Code.

(2) "Long range development plan" means a physical development and

land use plan to meet the academic and institutional objectives for

a particular campus or medical center of public higher education.

(b) The selection of a location for a particular campus and the

approval of a long range development plan are subject to this

division and require the preparation of an environmental impact

report. Environmental effects relating to changes in enrollment

levels shall be considered for each campus or medical center of

public higher education in the environmental impact report prepared

for the long range development plan for the campus or medical center.

center of public higher education is subject to this division and may

be addressed, subject to the other provisions of this division, in a

tiered environmental analysis based upon a long range development

plan environmental impact report.

(d) Compliance with this section satisfies the obligations of

public higher education pursuant to this division to consider the

environmental impact of academic and enrollment plans as they affect

campuses or medical centers, provided that any such plans shall

become effective for a campus or medical center only after the

environmental effects of those plans have been analyzed as required

by this division in a long range development plan environmental

impact report or tiered analysis based upon that environmental impact

report for that campus or medical center, and addressed as required

by this division.

§ 21080.1. Environmental impact report or negative declaration;

determination by lead agency; finality; consultation

(a) The lead agency shall be responsible for determining

whether an environmental impact report, a negative declaration, or a

mitigated negative declaration shall be required for any project

which is subject to this division. That determination shall be final

and conclusive on all persons, including responsible agencies,

unless challenged as provided in Section 21167.

(b) In the case of a project described in subdivision (c) of

Section 21065, the lead agency shall, upon the request of a potential

applicant, provide for consultation prior to the filing of the

application regarding the range of actions, potential alternatives,

mitigation measures, and any potential and significant effects on the

environment of the project.

§ 21080.2. Issuance of lease, permit, license, certificate or other

entitlement; determination by lead agency; time

In the case of a project described in subdivision (c) of

Section 21065, the determination required by Section 21080.1 shall be

made within 30 days from the date on which an application for a

project has been received and accepted as complete by the lead

agency. This period may be extended 15 days upon the consent of the

lead agency and the project applicant.

§ 21080.3. Consultation with responsible and trustee agencies;

assistance by Office of Planning and Research

(a) Prior to determining whether a negative declaration

or environmental impact report is required for a project, the lead

agency shall consult with all responsible agencies and trustee

agencies. Prior to that required consultation, the lead agency may

informally contact any of those agencies.

(b) In order to expedite the requirements of subdivision (a), the

Office of Planning and Research, upon request of a lead agency, shall

assist the lead agency in determining the various responsible

agencies and trustee agencies, for a proposed project. In the case

of a project described in subdivision (c) of Section 21065, the

request may also be made by the project applicant.

§ 21080.4. Environmental impact report; requirement

determined by lead agency; duties of responsible agencies

and certain public agencies; consultation; assistance by

office of planning and research

(a) If a lead agency determines that an environmental

impact report is required for a project, the lead agency shall

immediately send notice of that determination by certified mail or an

equivalent procedure to each responsible agency, the Office of

Planning and Research, and those public agencies having jurisdiction

by law over natural resources affected by the project that are held

in trust for the people of the State of California. Upon receipt of

the notice, each responsible agency, the office, and each public

agency having jurisdiction by law over natural resources affected by

the project that are held in trust for the people of the State of

California shall specify to the lead agency the scope and content of

the environmental information that is germane to the statutory

responsibilities of that responsible agency, the office, or the

public agency in connection with the proposed project and which,

pursuant to the requirements of this division, shall be included in

the environmental impact report. The information shall be specified

in writing and shall be communicated to the lead agency by certified

mail or equivalent procedure not later than 30 days after the date of

receipt of the notice of the lead agency's determination. The lead

agency shall request similar guidance from appropriate federal

agencies.

(b) To expedite the requirements of subdivision (a), the lead

agency, any responsible agency, the Office of Planning and Research,

or a public agency having jurisdiction by law over natural resources

affected by the project that are held in trust for the people of the

State of California, may request one or more meetings between

representatives of those agencies and the office for the purpose of

assisting the lead agency to determine the scope and content of the

environmental information that any of those responsible agencies, the

office, or the public agencies may require. In the case of a

project described in subdivision (c) of Section 21065, the request

may also be made by the project applicant. The meetings shall be

convened by the lead agency as soon as possible, but not later than

30 days after the date that the meeting was requested.

Planning and Research, upon request of a lead agency, shall assist

the lead agency in determining the various responsible agencies,

public agencies having jurisdiction by law over natural resources

affected by the project that are held in trust for the people of the

State of California, and any federal agencies that have

responsibility for carrying out or approving a proposed project. In

the case of a project described in subdivision (c) of Section 21065,

that request may also be made by the project applicant.

(d) With respect to the Department of Transportation, and with

respect to any state agency that is a responsible agency or a public

agency having jurisdiction by law over natural resources affected by

the project that are held in trust for the people of the State of

California, subject to the requirements of subdivision (a), the

Office of Planning and Research shall ensure that the information

required by subdivision (a) is transmitted to the lead agency, and

that affected agencies are notified regarding meetings to be held

upon request pursuant to subdivision (b), within the required time

period.

§ 21080.5. Plan or other written documentation; submission

in lieu of impact report; regulatory programs; criteria;

certification; proposed changes; review; commencement

of actions; state agencies

(a) Except as provided in Section 21158.1, when the

regulatory program of a state agency requires a plan or other written

documentation containing environmental information and complying

with paragraph (3) of subdivision (d) to be submitted in support of

an activity listed in subdivision (b), the plan or other written

documentation may be submitted in lieu of the environmental impact

report required by this division if the Secretary of the Resources

Agency has certified the regulatory program pursuant to this section.

(b) This section applies only to regulatory programs or portions

thereof that involve either of the following:

(1) The issuance to a person of a lease, permit, license,

certificate, or other entitlement for use.

(2) The adoption or approval of standards, rules, regulations, or

plans for use in the regulatory program.

exempt from Chapter 3 (commencing with Section 21100), Chapter 4

(commencing with Section 21150), and Section 21167, except as

provided in Article 2 (commencing with Section 21157) of Chapter 4.5.

(d) To qualify for certification pursuant to this section, a

regulatory program shall require the utilization of an

interdisciplinary approach that will ensure the integrated use of the

natural and social sciences in decisionmaking and that shall meet

all of the following criteria:

(1) The enabling legislation of the regulatory program does both

of the following:

(A) Includes protection of the environment among its principal

purposes.

(B) Contains authority for the administering agency to adopt rules

and regulations for the protection of the environment, guided by

standards set forth in the enabling legislation.

(2) The rules and regulations adopted by the administering agency

for the regulatory program do all of the following:

(A) Require that an activity will not be approved or adopted as

proposed if there are feasible alternatives or feasible mitigation

measures available that would substantially lessen a significant

adverse effect that the activity may have on the environment.

(B) Include guidelines for the orderly evaluation of proposed

activities and the preparation of the plan or other written

documentation in a manner consistent with the environmental

protection purposes of the regulatory program.

agencies that have jurisdiction, by law, with respect to the proposed

activity.

(D) Require that final action on the proposed activity include the

written responses of the issuing authority to significant

environmental points raised during the evaluation process.

(E) Require the filing of a notice of the decision by the

administering agency on the proposed activity with the Secretary of

the Resources Agency. Those notices shall be available for public

inspection, and a list of the notices shall be posted on a weekly

basis in the Office of the Resources Agency. Each list shall remain

posted for a period of 30 days.

(F) Require notice of the filing of the plan or other written

documentation to be made to the public and to a person who requests,

in writing, notification. The notification shall be made in a manner

that will provide the public or a person requesting notification

with sufficient time to review and comment on the filing.

(3) The plan or other written documentation required by the

regulatory program does both of the following:

(A) Includes a description of the proposed activity with

alternatives to the activity, and mitigation measures to minimize any

significant adverse effect on the environment of the activity.

(B) Is available for a reasonable time for review and comment by

other public agencies and the general public.

(e) (1) The Secretary of the Resources Agency shall certify a

regulatory program that the secretary determines meets all the

qualifications for certification set forth in this section, and

withdraw certification on determination that the regulatory program

has been altered so that it no longer meets those qualifications.

Certification and withdrawal of certification shall occur only after

compliance with Chapter 3.5 (commencing with Section 11340) of Part 1

of Division 3 of Title 2 of the Government Code.

(2) In determining whether or not a regulatory program meets the

qualifications for certification set forth in this section, the

inquiry of the secretary shall extend only to the question of whether

the regulatory program meets the generic requirements of subdivision

(d). The inquiry may not extend to individual decisions to be

reached under the regulatory program, including the nature of

specific alternatives or mitigation measures that might be proposed

to lessen any significant adverse effect on the environment of the

activity.

(3) If the secretary determines that the regulatory program

submitted for certification does not meet the qualifications for

certification set forth in this section, the secretary shall adopt

findings setting forth the reasons for the determination.

(f) After a regulatory program has been certified pursuant to this

section, a proposed change in the program that could affect

compliance with the qualifications for certification specified in

subdivision (d) may be submitted to the Secretary of the Resources

Agency for review and comment. The scope of the secretary's review

shall extend only to the question of whether the regulatory program

meets the generic requirements of subdivision (d). The review may

not extend to individual decisions to be reached under the regulatory

program, including specific alternatives or mitigation measures that

might be proposed to lessen any significant adverse effect on the

environment of the activity. The secretary shall have 30 days from

the date of receipt of the proposed change to notify the state agency

whether the proposed change will alter the regulatory program so

that it no longer meets the qualification for certification

established in this section and will result in a withdrawal of

certification as provided in this section.

(g) An action or proceeding to attack, review, set aside, void, or

annul a determination or decision of a state agency approving or

adopting a proposed activity under a regulatory program that has been

certified pursuant to this section on the basis that the plan or

other written documentation prepared pursuant to paragraph (3) of

subdivision (d) does not comply with this section shall be commenced

not later than 30 days from the date of the filing of notice of the

approval or adoption of the activity.

(h) (1) An action or proceeding to attack, review, set aside,

void, or annul a determination of the Secretary of the Resources

Agency to certify a regulatory program pursuant to this section on

the basis that the regulatory program does not comply with this

section shall be commenced within 30 days from the date of

certification by the secretary.

(2) In an action brought pursuant to paragraph (1), the inquiry

shall extend only to whether there was a prejudicial abuse of

discretion by the secretary. Abuse of discretion is established if

the secretary has not proceeded in a manner required by law or if the

determination is not supported by substantial evidence.

(i) For purposes of this section, a county agricultural

commissioner is a state agency.

(j) For purposes of this section, an air quality management

district or air pollution control district is a state agency, except

that the approval, if any, by a district of a nonattainment area plan

is subject to this section only if, and to the extent that, the

approval adopts or amends rules or regulations.

(k) (1) The secretary, by July 1, 2004, shall develop a protocol

for reviewing the prospective application of certified regulatory

programs to evaluate the consistency of those programs with the

requirements of this division. Following the completion of the

development of the protocol, the secretary shall provide a report to

the Senate Committee on Environmental Quality and the Assembly

Committee on Natural Resources regarding the need for a grant of

additional statutory authority authorizing the secretary to undertake

a review of the certified regulatory programs.

(2) The secretary shall provide a significant opportunity for

public participation in developing the protocol described in

paragraph (1) including, but not limited to, at least two public

meetings with interested parties. A notice of each meeting shall be

provided at least 10 days prior to the meeting to a person who files

a written request for a notice with the agency.

§ 21080.8. Application of division; conversion of

existing rental mobilehome park to resident initiated

subdivision, cooperative, condominium for mobilehomes

This division does not apply to the conversion of an

existing rental mobilehome park to a resident initiated subdivision,

cooperative, or condominium for mobilehomes if the conversion will

not result in an expansion of or change in existing use of the

property.

§ 21080.9. Local coastal programs or long-range land

use development; university or governmental activities

and approvals; application of division

This division shall not apply to activities and approvals

by any local government, as defined in Section 30109, or any state

university or college, as defined in Section 30119, as necessary for

the preparation and adoption of a local coastal program or long-range

land use development plan pursuant to Division 20 (commencing with

Section 30000); provided, however, that certification of a local

coastal program or long-range land use development plan by the

California Coastal Commission pursuant to Chapter 6 (commencing with

Section 30500) of Division 20 shall be subject to the requirements of

this division. For the purpose of Section 21080.5, a certified

local coastal program or long-range land use development plan

constitutes a plan for use in the California Coastal Commission's

regulatory program.

§ 21080.10. Application of division; general plans; low- or

moderate- income or residential housing; agricultural

employee housing

This division does not apply to any of the following:

(a) An extension of time, granted pursuant to Section 65361 of the

Government Code, for the preparation and adoption of one or more

elements of a city or county general plan.

(b) Actions taken by the Department of Housing and Community

Development or the California Housing Finance Agency to provide

financial assistance or insurance for the development and

construction of residential housing for persons and families of low

or moderate income, as defined in Section 50093 of the Health and

Safety Code, if the project that is the subject of the application

for financial assistance or insurance will be reviewed pursuant to

this division by another public agency.

§ 21080.11. Application of division; settlements by state

lands commission

This division shall not apply to settlements of title and

boundary problems by the State Lands Commission and to exchanges or

leases in connection with those settlements.

§ 21080.13. Railroad grade separation projects; application

of division

This division shall not apply to any railroad grade

separation project which eliminates an existing grade crossing or

which reconstructs an existing grade separation.

§ 21080.17. Application of division to ordinances implementing

law relating to construction of dwelling units and second units

This division does not apply to the adoption of an

ordinance by a city or county to implement the provisions of Section

65852.1 or Section 65852.2 of the Government Code.

§ 21080.18. Application of division to closing of public school

maintaining kindergarten or any of grades 1 through 12

This division does not apply to the closing of any public

school in which kindergarten or any of grades 1 through 12 is

maintained or the transfer of students from that public school to

another school if the only physical changes involved are

categorically exempt under Chapter 3 (commencing with Section 15000)

of Division 6 of Title 14 of the California Administrative Code.

§ 21080.19. Restriping of streets or highways; application of division

This division does not apply to a project for restriping

of streets or highways to relieve traffic congestion.

§ 21080.21. Application of division to public right-of-way pipeline projects less than one mile in length

This division does not apply to any project of less than

one mile in length within a public street or highway or any other

public right-of-way for the installation of a new pipeline or the

maintenance, repair, restoration, reconditioning, relocation,

replacement, removal, or demolition of an existing pipeline. For

purposes of this section, "pipeline" includes subsurface facilities

but does not include any surface facility related to the operation of

the underground facility.

§ 21080.22. Local governments; preparation of general plan

amendments; application of division

(a) This division does not apply to activities and

approvals by a local government necessary for the preparation of

general plan amendments pursuant to Section 29763, except that the

approval of general plan amendments by the Delta Protection

Commission is subject to the requirements of this division.

(b) For purposes of Section 21080.5, a general plan amendment is a

plan required by the regulatory program of the Delta Protection

Commission.

§ 21080.23. Pipeline projects; application of division

(a) This division does not apply to any project which

consists of the inspection, maintenance, repair, restoration,

reconditioning, relocation, replacement, or removal of an existing

pipeline, as defined in subdivision (a) of Section 51010.5 of the

Government Code, or any valve, flange, meter, or other piece of

equipment that is directly attached to the pipeline, if the project

meets all of the following conditions:

(1) (A) The project is less than eight miles in length.

(B) Notwithstanding subparagraph (A), actual construction and

excavation activities undertaken to achieve the maintenance, repair,

restoration, reconditioning, relocation, replacement, or removal of

an existing pipeline are not undertaken over a length of more than

one-half mile at any one time.

(2) The project consists of a section of pipeline that is not less

than eight miles from any section of pipeline that has been subject

to an exemption pursuant to this section in the past 12 months.

(3) The project is not solely for the purpose of excavating soil

that is contaminated by hazardous materials, and, to the extent not

otherwise expressly required by law, the party undertaking the

project immediately informs the lead agency of the discovery of

contaminated soil.

(4) To the extent not otherwise expressly required by law, the

person undertaking the project has, in advance of undertaking the

project, prepared a plan that will result in notification of the

appropriate agencies so that they may take action, if determined to

be necessary, to provide for the emergency evacuation of members of

the public who may be located in close proximity to the project.

(5) Project activities are undertaken within an existing

right-of-way and the right-of-way is restored to its condition prior

to the project.

(6) The project applicant agrees to comply with all conditions

otherwise authorized by law, imposed by the city or county planning

department as part of any local agency permit process, that are

required to mitigate potential impacts of the proposed project, and

to otherwise comply with the Keene-Nejedly California Wetlands

Preservation Act (Chapter 7 (commencing with Section 5810) of

Division 5), the California Endangered Species Act (Chapter 1.5

(commencing with Section 2050) of Division 3 of the Fish and Game

Code), and other applicable state laws, and with all applicable

federal laws.

(b) If a project meets all of the requirements of subdivision (a),

the person undertaking the project shall do all of the following:

(1) Notify, in writing, any affected public agency, including, but

not limited to, any public agency having permit, land use,

environmental, public health protection, or emergency response

authority of the exemption of the project from this division by

subdivision (a).

(2) Provide notice to the public in the affected area in a manner

consistent with paragraph (3) of subdivision (b) of Section 21092.

(3) In the case of private rights-of-way over private property,

receive from the underlying property owner permission for access to

the property.

(4) Comply with all conditions otherwise authorized by law,

imposed by the city or county planning department as part of any

local agency permit process, that are required to mitigate potential

impacts of the proposed project, and otherwise comply with the

Keene-Nejedly California Wetlands Preservation Act (Chapter 7

(commencing with Section 5810) of Division 5), the California

Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of

Division 3 of the Fish and Game Code), and other applicable state

laws, and with all applicable federal laws.

Pipeline Company's crude oil pipelines designated as Crude Oil Line

1, from Tejon Station south to its terminus, and Crude Oil Line 90.

(d) This section does not apply to either of the following:

(1) A project in which the diameter of the pipeline is increased.

(2) A project undertaken within the boundaries of an oil refinery.

§ 21080.24. Permits; issuance, modification, amendment, or renewal; application of law

This division does not apply to the issuance,

modification, amendment, or renewal of any permit by an air pollution

control district or air quality management district pursuant to

Title V, as defined in Section 39053.3 of the Health and Safety Code,

or pursuant to a district Title V program established under Sections

42301.10, 42301.11, and 42301.12 of the Health and Safety Code,

unless the issuance, modification, amendment, or renewal authorizes a

physical or operational change to a source or facility.

(b) Nothing in this section is intended to result in the

application of this division to any physical or operational change

which, prior to January 1, 1995, was not subject to this division.

§ 21080.26. Fluoridation; application of division; minor alterations

This division does not apply to minor alterations to

utilities made for the purposes of complying with Sections 4026.7 and

4026.8 of the Health and Safety Code or regulations adopted

thereunder.

§ 21080.29. Ballona Wetlands

(a) A project located in Los Angeles County that is

approved by a public agency before the effective date of the act

adding this section is not in violation of any requirement of this

division by reason of the failure to construct a roadway across the

property transferred to the state pursuant to subdivision (c) and to

construct a bridge over the adjacent Ballona Channel in Los Angeles

County, otherwise required as a mitigation measure pursuant to this

division, if all of the following conditions apply:

(1) The improvements specified in this subdivision are not

constructed, due in whole or in part, to the project owner's or

developer's relinquishment of easement rights to construct those

improvements.

(2) The easement rights in paragraph (1) are relinquished in

connection with the State of California, acting by and through the

Wildlife Conservation Board of the Department of Fish and Game,

acquiring a wetlands project that is a minimum of 400 acres in size

and located within the coastal zone.

(b) Where those easement rights have been relinquished, any

municipal ordinance or regulation adopted by a charter city or a

general law city shall be inapplicable to the extent that the

ordinance or regulation requires construction of the transportation

improvements specified in subdivision (a), or would otherwise require

reprocessing or resubmittal of a permit or approval, including, but

not limited to, a final recorded map, a vesting tentative map, or a

tentative map, as a result of the transportation improvements

specified in subdivision (a) not being constructed.

Fish and Game acquires property within the coastal zone that is a

minimum of 400 acres in size pursuant to a purchase and sale

agreement with Playa Capital Company, LLC, the Controller shall

direct the trustee under the Amendment to Declaration of Trust

entered into on or about December 11, 1984, by First Nationwide

Savings, as trustee, Summa Corporation, as trustor, and the

Controller, as beneficiary, known as the HRH Inheritance Tax Security

Trust, to convey title to the trust estate of the trust, including

real property commonly known as Playa Vista Area C, to the State of

California acting by and through the Wildlife Conservation Board of

the Department of Fish and Game for conservation, restoration, or

recreation purposes only, with the right to transfer the property for

those uses to any other agency of the State of California.

(2) This subdivision shall constitute the enabling legislation

required by the Amendment to Declaration of Trust to empower the

Controller to direct the trustee to convey title to the trust estate

under the HRH Inheritance Tax Security Trust to the State of

California or an agency thereof.

(3) The conveyance of the trust estate to the Wildlife

Conservation Board pursuant to this subdivision shall supersede any

duty or obligation imposed upon the Controller under the Probate Code

or the Revenue and Taxation Code with respect to the disposition or

application of the net proceeds of the trust estate.

§ 21080.32. Exemption of specified actions by publicly owned

transit agencies; implementation of budget reductions

(a) This section shall only apply to publicly owned

transit agencies, but shall not apply to any publicly owned transit

agency created pursuant to Section 130050.2 of the Public Utilities

Code.

(b) Except as provided in subdivision (c), and in accordance with

subdivision (d), this division does not apply to actions taken on or

after July 1, 1995, by a publicly owned transit agency to implement

budget reductions caused by the failure of agency revenues to

adequately fund agency programs and facilities.

eliminate a transit service, facility, program, or activity that was

approved or adopted as a mitigation measure in any environmental

document authorized by this division or the National Environmental

Policy Act (42 U.S.C. Sec. 4321 et seq.) or to any state or federal

requirement that is imposed for the protection of the environment.

(d) (1) This section applies only to actions taken after the

publicly owned transit agency has made a finding that there is a

fiscal emergency caused by the failure of agency revenues to

adequately fund agency programs and facilities, and after the

publicly owned transit agency has held a public hearing to consider

those actions. A publicly owned transit agency that has held such a

hearing shall respond within 30 days at a regular public meeting to

suggestions made by the public at the initial public hearing. Those

actions shall be limited to projects defined in subdivision (a) or

(b) of Section 21065 which initiate or increase fees, rates, or

charges charged for any existing public service, program, or

activity; or reduce or eliminate the availability of an existing

publicly owned transit service, facility, program, or activity.

(2) For purposes of this subdivision, "fiscal emergency," when

applied to a publicly owned transit agency, means that the agency is

projected to have negative working capital within one year from the

date that the agency makes the finding that there is a fiscal

emergency pursuant to this section. Working capital shall be

determined by adding together all unrestricted cash, unrestricted

short-term investments, and unrestricted short-term accounts

receivable and then subtracting unrestricted accounts payable.

Employee retirement funds, including Internal Revenue Code Section

457 deferred compensation plans and Section 401(k) plans, health

insurance reserves, bond payment reserves, workers' compensation

reserves, and insurance reserves, shall not be factored into the

formula for working capital.

§ 21080.33. Emergency projects to maintain, repair or restore

existing highways; application of division; exceptions

This division does not apply to any emergency project

undertaken, carried out, or approved by a public agency to maintain,

repair, or restore an existing highway, as defined in Section 360 of

the Vehicle Code, except for a highway designated as an official

state scenic highway pursuant to Section 262 of the Streets and

Highways Code, within the existing right-of-way of the highway,

damaged as a result of fire, flood, storm, earthquake, land

subsidence, gradual earth movement, or landslide, within one year of

the damage. This section does not exempt from this division any

project undertaken, carried out, or approved by a public agency to

expand or widen a highway damaged by fire, flood, storm, earthquake,

land subsidence, gradual earth movement, or landslide.

§ 21080.35. Carrying out or approving a project; definition

For the purposes of Section 21069, the phrase "carrying

out or approving a project" shall include the carrying out or

approval of a plan for a project that expands or enlarges an existing

publicly owned airport by any political subdivision, as described in

Section 21661.6 of the Public Utilities Code.

§ 21081. Necessary findings where environmental impact

report identifies effects

Pursuant to the policy stated in Sections 21002 and 21002.1,

no public agency shall approve or carry out a project for which an

environmental impact report has been certified which identifies one

or more significant effects on the environment that would occur if

the project is approved or carried out unless both of the following

occur:

(a) The public agency makes one or more of the following findings

with respect to each significant effect:

(1) Changes or alterations have been required in, or incorporated

into, the project which mitigate or avoid the significant effects on

the environment.

(2) Those changes or alterations are within the responsibility

and jurisdiction of another public agency and have been, or can and

should be, adopted by that other agency.

(3) Specific economic, legal, social, technological, or other

considerations, including considerations for the provision of

employment opportunities for highly trained workers, make infeasible

the mitigation measures or alternatives identified in the

environmental impact report.

(b) With respect to significant effects which were subject to a

finding under paragraph (3) of subdivision (a), the public agency

finds that specific overriding economic, legal, social,

technological, or other benefits of the project outweigh the

significant effects on the environment.

§ 21081.5. Feasibility of mitigation measures or project

alternatives; basis for findings

In making the findings required by paragraph (3) of

subdivision (a) of Section 21081, the public agency shall base its

findings on substantial evidence in the record.

§ 21081.6. Findings or negative declarations; reporting or

monitoring project changes; effect on environment; conditions

(a) When making the findings required by paragraph (1) of

subdivision (a) of Section 21081 or when adopting a mitigated

negative declaration pursuant to paragraph (2) of subdivision (c) of

Section 21080, the following requirements shall apply:

(1) The public agency shall adopt a reporting or monitoring

program for the changes made to the project or conditions of project

approval, adopted in order to mitigate or avoid significant effects

on the environment. The reporting or monitoring program shall be

designed to ensure compliance during project implementation. For

those changes which have been required or incorporated into the

project at the request of a responsible agency or a public agency

having jurisdiction by law over natural resources affected by the

project, that agency shall, if so requested by the lead agency or a

responsible agency, prepare and submit a proposed reporting or

monitoring program.

(2) The lead agency shall specify the location and custodian of

the documents or other material which constitute the record of

proceedings upon which its decision is based.

(b) A public agency shall provide that measures to mitigate or

avoid significant effects on the environment are fully enforceable

through permit conditions, agreements, or other measures. Conditions

of project approval may be set forth in referenced documents which

address required mitigation measures or, in the case of the adoption

of a plan, policy, regulation, or other public project, by

incorporating the mitigation measures into the plan, policy,

regulation, or project design.

environmental impact report or mitigated negative declaration, a

responsible agency, or a public agency having jurisdiction over

natural resources affected by the project, shall either submit to the

lead agency complete and detailed performance objectives for

mitigation measures which would address the significant effects on

the environment identified by the responsible agency or agency having

jurisdiction over natural resources affected by the project, or

refer the lead agency to appropriate, readily available guidelines or

reference documents. Any mitigation measures submitted to a lead

agency by a responsible agency or an agency having jurisdiction over

natural resources affected by the project shall be limited to

measures which mitigate impacts to resources which are subject to the

statutory authority of, and definitions applicable to, that agency.

Compliance or noncompliance by a responsible agency or agency having

jurisdiction over natural resources affected by a project with that

requirement shall not limit the authority of the responsible agency

or agency having jurisdiction over natural resources affected by a

project, or the authority of the lead agency, to approve, condition,

or deny projects as provided by this division or any other provision

of law.

§ 21081.7. Transportation information; submission of report to

transportation planning agency

Transportation information resulting from the reporting or

monitoring program required to be adopted by a public agency

pursuant to Section 21081.6 shall be submitted to the transportation

planning agency in the region where the project is located and to the

Department of Transportation for a project of statewide, regional,

or areawide significance according to criteria developed pursuant to

Section 21083. The transportation planning agency and the Department

of Transportation shall adopt guidelines for the submittal of those

reporting or monitoring programs.

§ 21082. Public agencies; adoption of objectives, criteria

and procedures; consistency with guidelines

All public agencies shall adopt by ordinance, resolution,

rule, or regulation, objectives, criteria, and procedures for the

evaluation of projects and the preparation of environmental impact

reports and negative declarations pursuant to this division. A

school district, or any other district, whose boundaries are

coterminous with a city, county, or city and county, may utilize the

objectives, criteria, and procedures of the city, county, or city and

county, as may be applicable, in which case, the school district or

other district need not adopt objectives, criteria, and procedures of

its own. The objectives, criteria, and procedures shall be

consistent with the provisions of this division and with the

guidelines adopted by the Secretary of the Resources Agency pursuant

to Section 21083. Such objectives, criteria, and procedures shall be

adopted by each public agency no later than 60 days after the

Secretary of the Resources Agency has adopted guidelines pursuant to

Section 21083.

§ 21082.1. Draft environmental impact report, environmental impact report, or negative declaration; preparation by public agency

(a) Any draft environmental impact report, environmental

impact report, negative declaration, or mitigated negative

declaration prepared pursuant to the requirements of this division

shall be prepared directly by, or under contract to, a public agency.

(b) This section is not intended to prohibit, and shall not be

construed as prohibiting, any person from submitting information or

other comments to the public agency responsible for preparing an

environmental impact report, draft environmental impact report,

negative declaration, or mitigated negative declaration. The

information or other comments may be submitted in any format, shall

be considered by the public agency, and may be included, in whole or

in part, in any report or declaration.

(1) Independently review and analyze any report or declaration

required by this division.

(2) Circulate draft documents that reflect its independent

judgment.

(3) As part of the adoption of a negative declaration or a

mitigated negative declaration, or certification of an environmental

impact report, find that the report or declaration reflects the

independent judgment of the lead agency.

(4) Submit a sufficient number of copies of the draft

environmental impact report, proposed negative declaration, or

proposed mitigated negative declaration, and a copy of the report or

declaration in an electronic form as required by the guidelines

adopted pursuant to Section 21083, to the State Clearinghouse for

review and comment by state agencies, if any of the following apply:

(A) A state agency is any of the following:

(i) The lead agency.

(ii) A responsible agency.

(iii) A trustee agency.

(B) A state agency otherwise has jurisdiction by law with respect

to the project.

areawide environmental significance as determined pursuant to the

guidelines certified and adopted pursuant to Section 21083.

§ 21082.2. Significant effect on environment; determination;

environmental impact report preparation

(a) The lead agency shall determine whether a project may

have a significant effect on the environment based on substantial

evidence in light of the whole record.

(b) The existence of public controversy over the environmental

effects of a project shall not require preparation of an

environmental impact report if there is no substantial evidence in

light of the whole record before the lead agency that the project may

have a significant effect on the environment.

evidence which is clearly inaccurate or erroneous, or evidence of

social or economic impacts which do not contribute to, or are not

caused by, physical impacts on the environment, is not substantial

evidence. Substantial evidence shall include facts, reasonable

assumptions predicated upon facts, and expert opinion supported by

facts.

(d) If there is substantial evidence, in light of the whole record

before the lead agency, that a project may have a significant effect

on the environment, an environmental impact report shall be

prepared.

(e) Statements in an environmental impact report and comments with

respect to an environmental impact report shall not be deemed

determinative of whether the project may have a significant effect on

the environment.

§ 21083. Office of Planning and Research; preparation,
development and review of Guidelines

(a) The Office of Planning and Research shall prepare and

develop proposed guidelines for the implementation of this division

by public agencies. The guidelines shall include objectives and

criteria for the orderly evaluation of projects and the preparation

of environmental impact reports and negative declarations in a manner

consistent with this division.

(b) The guidelines shall specifically include criteria for public

agencies to follow in determining whether or not a proposed project

may have a "significant effect on the environment." The criteria

shall require a finding that a project may have a "significant effect

on the environment" if one or more of the following conditions

exist:

(1) A proposed project has the potential to degrade the quality of

the environment, curtail the range of the environment, or to achieve

short-term, to the disadvantage of long-term, environmental goals.

(2) The possible effects of a project are individually limited but

cumulatively considerable. As used in this paragraph, "cumulatively

considerable" means that the incremental effects of an individual

project are considerable when viewed in connection with the effects

of past projects, the effects of other current projects, and the

effects of probable future projects.

(3) The environmental effects of a project will cause substantial

adverse effects on human beings, either directly or indirectly.

lead agency pursuant to Section 21165.

(d) The guidelines shall include criteria for public agencies to

use in determining when a proposed project is of sufficient

statewide, regional, or areawide environmental significance that a

draft environmental impact report, a proposed negative declaration,

or a proposed mitigated negative declaration shall be submitted to

appropriate state agencies, through the State Clearinghouse, for

review and comment prior to completion of the environmental impact

report, negative declaration, or mitigated negative declaration.

(e) The Office of Planning and Research shall develop and prepare

the proposed guidelines as soon as possible and shall transmit them

immediately to the Secretary of the Resources Agency. The Secretary

of the Resources Agency shall certify and adopt the guidelines

pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of

Division 3 of Title 2 of the Government Code, which shall become

effective upon the filing thereof. However, the guidelines shall not

be adopted without compliance with Sections 11346.4, 11346.5, and

11346.8 of the Government Code.

(f) The Office of Planning and Research shall, at least once

every two years, review the guidelines adopted pursuant to this

section and shall recommend proposed changes or amendments to the

Secretary of the Resources Agency. The Secretary of the Resources

Agency shall certify and adopt guidelines, and any amendments

thereto, at least once every two years, pursuant to Chapter 3.5

(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of

the Government Code, which shall become effective upon the filing

thereof. However, guidelines may not be adopted or amended without

compliance with Sections 11346.4, 11346.5, and 11346.8 of the

Government Code.

§ 21083.1. Legislative intent; interpretation by courts

It is the intent of the Legislature that courts, consistent with generally

accepted rules of statutory interpretation, shall not interpret this division

or the state guidelines adopted pursuant to Section 21083 in a manner

which imposes procedural or substantive requirements beyond those

explicitly stated in this division or in the state guidelines.

§ 21083.2. Archaeological resources; determination of effect of

project; EIR or negative declaration; mitigation measures

(a) As part of the determination made pursuant to Section

21080.1, the lead agency shall determine whether the project may have

a significant effect on archaeological resources. If the lead

agency determines that the project may have a significant effect on

unique archaeological resources, the environmental impact report

shall address the issue of those resources. An environmental impact

report, if otherwise necessary, shall not address the issue of

nonunique archaeological resources. A negative declaration shall be

issued with respect to a project if, but for the issue of nonunique

archaeological resources, the negative declaration would be otherwise

issued.

(b) If it can be demonstrated that a project will cause damage to

a unique archaeological resource, the lead agency may require

reasonable efforts to be made to permit any or all of these resources

to be preserved in place or left in an undisturbed state. Examples

of that treatment, in no order of preference, may include, but are

not limited to, any of the following:

(1) Planning construction to avoid archaeological sites.

(2) Deeding archaeological sites into permanent conservation

easements.

(3) Capping or covering archaeological sites with a layer of soil

before building on the sites.

(4) Planning parks, greenspace, or other open space to incorporate

archaeological sites.

preserved in place or not left in an undisturbed state, mitigation

measures shall be required as provided in this subdivision. The

project applicant shall provide a guarantee to the lead agency to pay

one-half the estimated cost of mitigating the significant effects of

the project on unique archaeological resources. In determining

payment, the lead agency shall give due consideration to the in-kind

value of project design or expenditures that are intended to permit

any or all archaeological resources or California Native American

culturally significant sites to be preserved in place or left in an

undisturbed state. When a final decision is made to carry out or

approve the project, the lead agency shall, if necessary, reduce the

specified mitigation measures to those which can be funded with the

money guaranteed by the project applicant plus the money voluntarily

guaranteed by any other person or persons for those mitigation

purposes. In order to allow time for interested persons to provide

the funding guarantee referred to in this subdivision, a final

decision to carry out or approve a project shall not occur sooner

than 60 days after completion of the recommended special

environmental impact report required by this section.

(d) Excavation as mitigation shall be restricted to those parts of

the unique archaeological resource that would be damaged or

destroyed by the project. Excavation as mitigation shall not be

required for a unique archaeological resource if the lead agency

determines that testing or studies already completed have adequately

recovered the scientifically consequential information from and about

the resource, if this determination is documented in the

environmental impact report.

(e) In no event shall the amount paid by a project applicant for

mitigation measures required pursuant to subdivision (c) exceed the

following amounts:

(1) An amount equal to one-half of 1 percent of the projected cost

of the project for mitigation measures undertaken within the site

boundaries of a commercial or industrial project.

(2) An amount equal to three-fourths of 1 percent of the projected

cost of the project for mitigation measures undertaken within the

site boundaries of a housing project consisting of a single unit.

(3) If a housing project consists of more than a single unit, an

amount equal to three-fourths of 1 percent of the projected cost of

the project for mitigation measures undertaken within the site

boundaries of the project for the first unit plus the sum of the

following:

(A) Two hundred dollars ($200) per unit for any of the next 99

units.

(B) One hundred fifty dollars ($150) per unit for any of the next

400 units.

(f) Unless special or unusual circumstances warrant an exception,

the field excavation phase of an approved mitigation plan shall be

completed within 90 days after final approval necessary to implement

the physical development of the project or, if a phased project, in

connection with the phased portion to which the specific mitigation

measures are applicable. However, the project applicant may extend

that period if he or she so elects. Nothing in this section shall

nullify protections for Indian cemeteries under any other provision

of law.

(g) As used in this section, "unique archaeological resource"

means an archaeological artifact, object, or site about which it can

be clearly demonstrated that, without merely adding to the current

body of knowledge, there is a high probability that it meets any of

the following criteria:

(1) Contains information needed to answer important scientific

research questions and that there is a demonstrable public interest

in that information.

(2) Has a special and particular quality such as being the oldest

of its type or the best available example of its type.

(3) Is directly associated with a scientifically recognized

important prehistoric or historic event or person.

(h) As used in this section, "nonunique archaeological resource"

means an archaeological artifact, object, or site which does not meet

the criteria in subdivision (g). A nonunique archaeological

resource need be given no further consideration, other than the

simple recording of its existence by the lead agency if it so elects.

(i) As part of the objectives, criteria, and procedures required

by Section 21082 or as part of conditions imposed for mitigation, a

lead agency may make provisions for archaeological sites accidentally

discovered during construction. These provisions may include an

immediate evaluation of the find. If the find is determined to be a

unique archaeological resource, contingency funding and a time

allotment sufficient to allow recovering an archaeological sample or

to employ one of the avoidance measures may be required under the

provisions set forth in this section. Construction work may continue

on other parts of the building site while archaeological mitigation

takes place.

(j) This section does not apply to any project described in

subdivision (a) or (b) of Section 21065 if the lead agency elects to

comply with all other applicable provisions of this division. This

section does not apply to any project described in subdivision (c) of

Section 21065 if the applicant and the lead agency jointly elect to

comply with all other applicable provisions of this division.

(k) Any additional costs to any local agency as a result of

complying with this section with respect to a project of other than a

public agency shall be borne by the project applicant.

(l) Nothing in this section is intended to affect or modify the

requirements of Section 21084 or 21084.1.

§ 21083.3. Application of division to approval of subdivision

map or other project; limitation; mitigation measures under

prior environmental impact report; public hearing; finding

(a) If a parcel has been zoned to accommodate a particular

density of development or has been designated in a community plan to

accommodate a particular density of development and an environmental

impact report was certified for that zoning or planning action, the

application of this division to the approval of any subdivision map

or other project that is consistent with the zoning or community plan

shall be limited to effects upon the environment which are peculiar

to the parcel or to the project and which were not addressed as

significant effects in the prior environmental impact report, or

which substantial new information shows will be more significant than

described in the prior environmental impact report.

(b) If a development project is consistent with the general plan

of a local agency and an environmental impact report was certified

with respect to that general plan, the application of this division

to the approval of that development project shall be limited to

effects on the environment which are peculiar to the parcel or to the

project and which were not addressed as significant effects in the

prior environmental impact report, or which substantial new

information shows will be more significant than described in the

prior environmental impact report.

potentially significant offsite impacts and cumulative impacts of the

project not discussed in the prior environmental impact report with

respect to the general plan. However, all public agencies with

authority to mitigate the significant effects shall undertake or

require the undertaking of any feasible mitigation measures specified

in the prior environmental impact report relevant to a significant

effect which the project will have on the environment or, if not,

then the provisions of this section shall have no application to that

effect. The lead agency shall make a finding, at a public hearing,

as to whether those mitigation measures will be undertaken.

(d) An effect of a project upon the environment shall not be

considered peculiar to the parcel or to the project, for purposes of

this section, if uniformly applied development policies or standards

have been previously adopted by the city or county, with a finding

based upon substantial evidence, which need not include an

environmental impact report, that the development policies or

standards will substantially mitigate that environmental effect when

applied to future projects, unless substantial new information shows

that the policies or standards will not substantially mitigate the

environmental effect.

(e) Where a community plan is the basis for application of this

section, any rezoning action consistent with the community plan shall

be a project subject to exemption from this division in accordance

with this section. As used in this section, "community plan" means a

part of the general plan of a city or county which (1) applies to a

defined geographic portion of the total area included in the general

plan, (2) complies with Article 5 (commencing with Section 65300) of

Chapter 3 of Division 1 of Title 7 of the Government Code by

including or referencing each of the mandatory elements specified in

Section 65302 of the Government Code, and (3) contains specific

development policies adopted for the area included in the community

plan and identifies measures to implement those policies, so that the

policies which will apply to each parcel can be determined.

(f) No person shall have standing to bring an action or proceeding

to attack, review, set aside, void, or annul a finding of a public

agency made at a public hearing pursuant to subdivision (a) with

respect to the conformity of the project to the mitigation measures

identified in the prior environmental impact report for the zoning or

planning action, unless he or she has participated in that public

hearing. However, this subdivision shall not be applicable if the

local agency failed to give public notice of the hearing as required

by law. For purposes of this subdivision, a person has participated

in the public hearing if he or she has either submitted oral or

written testimony regarding the proposed determination, finding, or

decision prior to the close of the hearing.

(g) Any community plan adopted prior to January 1, 1982, which

does not comply with the definitional criteria specified in

subdivision (e) may be amended to comply with that criteria, in which

case the plan shall be deemed a "community plan" within the meaning

of subdivision (e) if (1) an environmental impact report was

certified for adoption of the plan, and (2) at the time of the

conforming amendment, the environmental impact report has not been

held inadequate by a court of this state and is not the subject of

pending litigation challenging its adequacy.

§ 21083.4. Oak woodlands conservation

(a) For purposes of this section, "oak" means a native

tree species in the genus Quercus, not designated as Group A or Group

B commercial species pursuant to regulations adopted by the State

Board of Forestry and Fire Protection pursuant to Section 4526, and

that is 5 inches or more in diameter at breast height.

(b) As part of the determination made pursuant to Section 21080.1,

a county shall determine whether a project within its jurisdiction

may result in a conversion of oak woodlands that will have a

significant effect on the environment. If a county determines that

there may be a significant effect to oak woodlands, the county shall

require one or more of the following oak woodlands mitigation

alternatives to mitigate the significant effect of the conversion of

oak woodlands:

(1) Conserve oak woodlands, through the use of conservation

easements.

(2) (A) Plant an appropriate number of trees, including

maintaining plantings and replacing dead or diseased trees.

(B) The requirement to maintain trees pursuant to this paragraph

terminates seven years after the trees are planted.

than one-half of the mitigation requirement for the project.

(D) The requirements imposed pursuant to this paragraph also may

be used to restore former oak woodlands.

(3) Contribute funds to the Oak Woodlands Conservation Fund, as

established under subdivision (a) of Section 1363 of the Fish and

Game Code, for the purpose of purchasing oak woodlands conservation

easements, as specified under paragraph (1) of subdivision (d) of

that section and the guidelines and criteria of the Wildlife

Conservation Board. A project applicant that contributes funds

under this paragraph shall not receive a grant from the Oak Woodlands

Conservation Fund as part of the mitigation for the project.

(4) Other mitigation measures developed by the county.

and Game Code, a county may use a grant awarded pursuant to the Oak

Woodlands Conservation Act (Article 3.5 (commencing with Section

1360) of Chapter 4 of Division 2 of the Fish and Game Code) to

prepare an oak conservation element for a general plan, an oak

protection ordinance, or an oak woodlands management plan, or

amendments thereto, that meets the requirements of this section.

(d) The following are exempt from this section:

(1) Projects undertaken pursuant to an approved Natural Community

Conservation Plan or approved subarea plan within an approved Natural

Community Conservation Plan that includes oaks as a covered species

or that conserves oak habitat through natural community conservation

preserve designation and implementation and mitigation measures that