CHAPTER 2.6. General [21080. - 21098.]

Chapter 2.6 added by Stats. 1972, Ch. 1154.

§§ 21080–21098 · 121 sections

§ 21080 (a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public…
§ 21080.01 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…
§ 21080.02 This division shall not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or…
§ 21080.03 This division shall not apply to any activity or approval necessary for or incidental to the location, development, construction, operation, or maintenance of…
§ 21080.04 (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…
§ 21080.05 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…
§ 21080.07 This division shall not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or…
§ 21080.085 (a) This division does not apply to a rezoning that implements the schedule of actions contained in an approved housing element pursuant to subdivision (c) of…
§ 21080.09 (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…
§ 21080.091 The University of California and the California State University are not required to conduct a “no project” alternative analysis described in subdivision (e)…
§ 21080.1 (a) The lead agency shall be responsible for determining whether the project is exempt from this division and whether an environmental impact report, a…
§ 21080.2 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…
§ 21080.3 (a) Prior to determining whether a negative declaration or environmental impact report is required for a project, the lead agency shall consult with all…
§ 21080.3.1 (a) The Legislature finds and declares that California Native American tribes traditionally and culturally affiliated with a geographic area may have expertise…
§ 21080.3.2 (a) As a part of the consultation pursuant to Section 21080.3.1, the parties may propose mitigation measures, including, but not limited to, those recommended…
§ 21080.4 (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…
§ 21080.5 (a) Except as provided in Section 21158.1, when the regulatory program of a state agency requires a plan or other written documentation containing…
§ 21080.8 This division does not apply to the conversion of an existing rental mobilehome park to a resident initiated subdivision, cooperative, or condominium for…
§ 21080.9 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…
§ 21080.10 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…
§ 21080.11 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…
§ 21080.12 (a) This division does not apply to actions of the Office of Planning and Research and its subsidiary entities to provide financial assistance for planning,…
§ 21080.13 (a) This division shall not apply to any railroad grade separation project that eliminates an existing grade crossing or that reconstructs an existing grade…
§ 21080.14 (a) This division does not apply to the closure of a railroad grade crossing by order of the Public Utilities Commission pursuant to Chapter 6 (commencing with…
§ 21080.17 This division does not apply to the adoption of an ordinance by a city or county to implement Section 65852.1 of, or Article 2 (commencing with Section 66314)…
§ 21080.18 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…
§ 21080.19 This division does not apply to a project for restriping of streets or highways to relieve traffic congestion.
§ 21080.20 (a) (1) (A) This division does not apply to an active transportation plan, a pedestrian plan, or a bicycle transportation plan for the restriping of streets…
§ 21080.21 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…
§ 21080.22 (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…
§ 21080.23 (a) This division does not apply to any project which consists of the inspection, maintenance, repair, restoration, reconditioning, relocation, replacement, or…
§ 21080.24 This division does not apply to the issuance, modification, amendment, or renewal of a permit by an air pollution control district or air quality management…
§ 21080.25 (a) For purposes of this section, the following definitions apply: (1) “Affordable housing” means any of the following: (A) Housing that is subject to a…
§ 21080.26 This division does not apply to minor alterations to utilities made for the purposes of complying with Sections 116410 and 116415 of the Health and Safety Code…
§ 21080.27 (a) For purposes of this section, the following definitions apply: (1) “Affordable cost” has the same meaning as “affordable housing cost” as defined in…
§ 21080.27.5 (a) This division does not apply to any of the following activities by a local agency: (1) An action to lease or facilitate the lease of land owned by the…
§ 21080.28 (a) This division does not apply to either of the following: (1) The acquisition, sale, or other transfer of interest in land by a public agency for any of the…
§ 21080.28.5 (a) It is the intent of the Legislature in enacting this section to clarify the applicability of this division to the provision of public access within a park…
§ 21080.29 (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…
§ 21080.30 (a) For purposes of this section, “real estate transaction” means the acquisition or disposition of any interest in real property. (b) This division does not…
§ 21080.31 (a) For purposes of this section, the following terms have the following definitions: (1) “Adequate supply” has the same meaning as set forth in subdivision…
§ 21080.32 (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…
§ 21080.33 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…
§ 21080.34 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…
§ 21080.35 (a) Except as provided in subdivision (d), this division does not apply to the installation of a solar energy system on the roof of an existing building or at…
§ 21080.40 (a) For purposes of this section, the following definitions apply: (1) “Affordable housing project” means a project consisting of multifamily residential uses…
§ 21080.42 (a) The following transportation projects are exempt from this division: (1) U.S. Highway 101 interchange modification, adding southbound auxiliary lane and…
§ 21080.43 The Legislature finds and declares all of the following: (a) The Legislature reaffirms that the California Environmental Quality Act (CEQA) established…
§ 21080.44 (a) For purposes of this section, all of the following definitions apply: (1) “Department” means the Department of Housing and Community Development. (2)…
§ 21080.45 (a) This division does not apply to a new agricultural employee housing project that complies with Section 21159.22, meets the requirements of paragraphs (1)…
§ 21080.46 (a) Without limiting any other statutory exemption or categorical exemption, this division does not apply to the adoption of an ordinance by a city, county, or… see note
§ 21080.47 (a) For purposes of this section, the following definitions apply: (1) “Community water system” means a public water system that serves at least 15 service…
§ 21080.48 (a) This division does not apply to a project, as defined in Section 21080.47, that is a community water system that is funded pursuant to the Safe Drinking…
§ 21080.49 This division does not apply to any of the following wildfire risk reduction projects, if the project is in compliance with all other applicable laws,…
§ 21080.50 (a) For purposes of this section, the following definitions apply: (1) “Interim motel housing project” or “project” means the conversion of a structure with a…
§ 21080.51 (a) This division does not apply to a project undertaken by any entity, including a public entity or private or nonprofit corporation, that consists of linear…
§ 21080.55 This division does not apply to updates to the state’s climate adaptation strategy, known as the plan, adopted by the Natural Resources Agency pursuant to…
§ 21080.56 (a) This division does not apply to a project that is exclusively one of the following: (1) A project to conserve, restore, protect, or enhance, and assist in…
§ 21080.57 This division does not apply to any activity or approval necessary for or incidental to planning, design, site acquisition, construction, operation, or…
§ 21080.58 (a) For purposes of this section, the following definitions apply: (1) “Faculty and staff housing project” means one or more housing facilities to be occupied…
§ 21080.61 (a) This division does not apply to routine maintenance of public stormwater facilities that are fully concrete or have a conveyance capacity of less than a…
§ 21080.62 (a) This division does not apply to any activity or approval necessary for the completion of the public and state veterans cemetery in Gypsum Canyon in the…
§ 21080.66 (a) Without limiting any other statutory or categorical exemption, this division does not apply to any aspect of a housing development project, as defined in…
§ 21080.69 (a) Except as provided in subdivision (b), this division does not apply to any of the following projects: (1) A project that consists exclusively of a day care…
§ 21080.70 (a) This division does not apply to a project that consists of the development, construction, or operation of a heavy maintenance facility or other maintenance…
§ 21080.73 Notwithstanding any other law, a housing development project, as defined in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code, that…
§ 21080.81 (a) The Legislature finds and declares all of the following: (1) The Legislature recognizes the significance of oil and gas production in the County of Kern,…
§ 21081 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…
§ 21081.2 (a) Except as provided in subdivision (c), if a residential project, not exceeding 100 units, with a minimum residential density of 20 units per acre and…
§ 21081.3 (a) Except as specified in subdivision (b), a lead agency is not required to evaluate the aesthetic effects of a project and aesthetic effects shall not be…
§ 21081.5 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…
§ 21081.6 (a) When making the findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to…
§ 21081.7 Transportation information resulting from the reporting or monitoring program required to be adopted by a public agency pursuant to Section 21081.6 shall be…
§ 21082 All public agencies shall adopt by ordinance, resolution, rule, or regulation, objectives, criteria, and procedures for the evaluation of projects and the…
§ 21082.1 (a) A draft environmental impact report, environmental impact report, negative declaration, or mitigated negative declaration prepared pursuant to the…
§ 21082.2 (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…
§ 21082.3 (a) Any mitigation measures agreed upon in the consultation conducted pursuant to Section 21080.3.2 shall be recommended for inclusion in the environmental…
§ 21082.4 In describing and evaluating a project in an environmental review document prepared pursuant to this division, the lead agency may consider specific economic,…
§ 21083 (a) The Office of Planning and Research shall prepare and develop proposed guidelines for the implementation of this division by public agencies. The…
§ 21083.01 (a) On or after January 1, 2013, at the time of the next review of the guidelines prepared and developed to implement this division pursuant to subdivision (f)…
§ 21083.03 (a) (1) On or before July 1, 2027, the Office of Land Use and Climate Innovation shall map the eligible urban infill sites within every urbanized area or urban…
§ 21083.05 The Office of Planning and Research and the Natural Resources Agency shall periodically update the guidelines for the mitigation of greenhouse gas emissions or…
§ 21083.09 On or before July 1, 2016, the Office of Planning and Research shall prepare and develop, and the Secretary of the Natural Resources Agency shall certify and…
§ 21083.1 It is the intent of the Legislature that courts, consistent with generally accepted rules of statutory interpretation, shall not interpret this division or the…
§ 21083.2 (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…
§ 21083.3 (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…
§ 21083.4 (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…
§ 21083.5 (a) The guidelines prepared and adopted pursuant to Section 21083 shall provide that, when an environmental impact statement has been, or will be, prepared for…
§ 21083.6 In the event that a project requires both an environmental impact report prepared pursuant to the requirements of this division and an environmental impact…
§ 21083.7 (a) In the event that a project requires both an environmental impact report prepared pursuant to the requirements of this division and an environmental impact…
§ 21083.8.1 (a) (1) For purposes of this section, “reuse plan” for a military base means an initial plan for the reuse of a military base adopted by a local government or…
§ 21083.9 (a) Notwithstanding Section 21080.4, 21104, or 21153, a lead agency shall call at least one scoping meeting for either of the following: (1) A proposed project…
§ 21084 (a) The guidelines prepared and adopted pursuant to Section 21083 shall include a list of classes of projects that have been determined not to have a…
§ 21084.1 A project that may cause a substantial adverse change in the significance of an historical resource is a project that may have a significant effect on the…
§ 21084.2 A project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant…
§ 21084.3 (a) Public agencies shall, when feasible, avoid damaging effects to any tribal cultural resource. (b) If the lead agency determines that a project may cause a…
§ 21085 For purposes of this division, for residential projects, the effects of noise generated by project occupants and their guests on human beings is not a…
§ 21085.2 (a) For purposes of this section, the following definitions apply: (1) “Long-range development plan” means a physical development and land use plan to meet the…
§ 21086 (a) A public agency may, at any time, request the addition or deletion of a class of projects, to the list designated pursuant to Section 21084. That request…
§ 21087 (a) For purposes of this section, the following definitions apply: (1) “Equivalent documentation” means a plan or other written documentation described in…
§ 21088 The Secretary of the Resources Agency shall provide for the timely distribution to all public agencies of the guidelines and any amendments or changes thereto.…
§ 21089 (a) A lead agency may charge and collect a reasonable fee from a person proposing a project subject to this division in order to recover the estimated costs…
§ 21090 (a) An environmental impact report for a redevelopment plan may be a master environmental impact report, program environmental impact report, or a project…
§ 21090.1 For all purposes of this division, a geothermal exploratory project shall be deemed to be separate and distinct from any subsequent geothermal field…
§ 21091 (a) The public review period for a draft environmental impact report shall not be less than 30 days. If the draft environmental impact report is for a proposed…
§ 21091.5 Notwithstanding subdivision (a) of Section 21091, or any other provision of this division, the public review period for a draft environmental impact report…
§ 21092 (a) A lead agency that is preparing an environmental impact report or a negative declaration or making a determination pursuant to subdivision (c) of Section…
§ 21092.1 When significant new information is added to an environmental impact report after notice has been given pursuant to Section 21092 and consultation has occurred…
§ 21092.2 (a) The notices required pursuant to Sections 21080.4, 21083.9, 21092, 21108, 21152, and 21161 shall be mailed to every person who has filed a written request…
§ 21092.3 The notices required pursuant to Sections 21080.4 and 21092 for an environmental impact report shall be posted in the office and on the internet website of the…
§ 21092.4 (a) For a project of statewide, regional, or areawide significance, the lead agency shall consult with transportation planning agencies and public agencies…
§ 21092.5 (a) At least 10 days prior to certifying an environmental impact report, the lead agency shall provide a written proposed response to a public agency on…
§ 21092.6 (a) The lead agency shall consult the lists compiled pursuant to Section 65962.5 of the Government Code to determine whether the project and any alternatives…
§ 21093 (a) The Legislature finds and declares that tiering of environmental impact reports will promote construction of needed housing and other development projects…
§ 21094 (a) Where a prior environmental impact report has been prepared and certified for a program, plan, policy, or ordinance, the lead agency for a later project…
§ 21094.5 (a) (1) If an environmental impact report was certified for a planning level decision of a city or county, the application of this division to the approval of…
§ 21094.5.5 (a) The Office of Land Use and Climate Innovation shall prepare, develop, and transmit to the Natural Resources Agency for certification and adoption…
§ 21095 (a) The Resources Agency, in consultation with the Office of Planning and Research, shall develop an amendment to Appendix G of the state guidelines, for…
§ 21096 (a) If a lead agency prepares an environmental impact report for a project situated within airport land use compatibility plan boundaries, or, if an airport…
§ 21097 This division does not apply to the San Quentin Rehabilitation Center, San Quentin: Demolition of Building 38 and Construction of New Educational and…
§ 21098 (a) For purposes of this section, the following terms have the following meanings: (1) “Low-level flight path” includes any flight path for any aircraft owned,…