Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Projects meeting the criteria in this section shall be deemed to be of statewide, regional, or areawide significance.
(1) A draft EIR or negative declaration prepared by any public agency on a project described in this section shall be submitted to the State Clearinghouse and should be submitted also to the appropriate metropolitan area council of governments for review and comment. The notice of completion form required by the State Clearinghouse must be submitted together with the copies of the EIR and may be submitted together with the copies of the negative declaration. The notice of completion form required by the State Clearinghouse is included in Appendix C. If the lead agency uses the on-line process for submittal of the notice of completion form to the State Clearinghouse, the form generated from the Internet shall satisfy this requirement (refer to www.ceqanet.ca.gov).
(2) When such documents are submitted to the State Clearinghouse, the public agency shall include, in addition to the printed copy, a copy of the document in electronic format on a diskette or by electronic mail transmission, if available.
(b) The lead agency shall determine that a proposed project is of statewide, regional, or areawide significance if the project meets any of the following criteria:
(1) A proposed local general plan, element, or amendment thereof for which an EIR was prepared. If a negative declaration was prepared for the plan, element, or amendment, the document need not be submitted for review.
(2) A project has the potential for causing significant effects on the environment extending beyond the city or county in which the project would be located. Examples of the effects include generating significant amounts of traffic or interfering with the attainment or maintenance of state or national air quality standards. Projects subject to this subdivision include:
(A) A proposed residential development of more than 500 dwelling units.
(B) A proposed shopping center or business establishment employing more than 1,000 persons or encompassing more than 500,000 square feet of floor space.
(C) A proposed commercial office building employing more than 1,000 persons or encompassing more than 250,000 square feet of floor space.
(D) A proposed hotel/motel development of more than 500 rooms.
(E) A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or encompassing more than 650,000 square feet of floor area.
(3) A project which would result in the cancellation of an open space contract made pursuant to the California Land Conservation Act of 1965 (Williamson Act) for any parcel of 100 or more acres.
(4) A project for which an EIR and not a negative declaration was prepared which would be located in and would substantially impact the following areas of critical environmental sensitivity:
(A) The Lake Tahoe Basin.
(B) The Santa Monica Mountains Zone as defined by Section 33105 of the Public Resources Code.
(C) The California Coastal Zone as defined in, and mapped pursuant to, Section 30103 of the Public Resources Code.
(D) An area within 1/4 mile of a wild and scenic river as defined by Section 5093.5 of the Public Resources Code.
(E) The Sacramento-San Joaquin Delta, as defined in Water Code Section 12220.
(F) The Suisun Marsh as defined in Public Resources Code Section 29101.
(G) The jurisdiction of the San Francisco Bay Conservation and Development Commission as defined in Government Code Section 66610.
(5) A project which would substantially affect sensitive wildlife habitats including but not limited to riparian lands, wetlands, bays, estuaries, marshes, and habitats for endangered, rare and threatened species as defined by Section 15380 of this Chapter.
(6) A project which would interfere with attainment of regional water quality standards as stated in the approved areawide waste treatment management plan.
(7) A project which would provide housing, jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant.
1. Amendment of subsection (b)(5) filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. New subsection (a)(1) designator and new subsection (a)(2) filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code section 21087 (Register 98, No. 44).
3. Change without regulatory effect amending subsection (b)(4)(B) filed 2-1-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 5).
4. Amendment of subsection (a)(1) and amendment of NOTE filed 9-7-2004; operative 9-7-2004 pursuant to Public Resources Code section 21083(e) (Register 2004, No. 37).
5. Change without regulatory effect amending subsection (b)(2) and NOTE filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Note: Authority cited: Section 21083, Public Resources Code. Reference. Section 21083, Public Resources Code.
