California Code of Regulations
Title 25 - Housing and Community Development
Division 1 - Housing and Community Development
Chapter 7 - Department of Housing and Community Development Programs
Subchapter 21 - Enterprise Zone Program
Article 13 - Environmental Review
Section 8449.5 - Draft Enterprise Zone EIR
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) If a preliminary applicant is not selected as a final applicant, then it shall have no duty or obligation to complete the draft or final enterprise zone EIR or to complete the EIR process.
(b) Each final applicant shall submit two copies of the draft enterprise zone EIR and notice of completion to the Agency with the final application. This regulation states that a final application shall not be eligible for conditional designation if the designated number of copies of the draft enterprise zone EIR and notice of completion are not received by the Agency by the deadline for submitting final applications set forth in the Enterprise Zone Final Application Handbook.
(c) If any boundary of the proposed enterprise zone is located within 10 miles of the boundary of an area that has been designated as an enterprise zone under the Act or a program area under the Employment and Economic Incentive Act (Government Code section 7080 et seq.), then the enterprise zone EIR shall consider and analyze whether the location of a new enterprise zone near an existing enterprise zone or program area will result in adverse environmental effects on the existing enterprise zone or program area. This discussion shall include a consideration and analysis of whether the potential economic changes related to the new enterprise zone may translate into physical environmental changes in the existing enterprise zone or program area, as discussed by the California courts of appeal in Citizens for Quality Growth v. City of Mount Shasta (1988) 198 Cal.App.3d 433, 445-446, and Citizens Association for Sensible Development of Bishop Area v. County of Inyo (1985) 172 Cal.App.3d 151, 169-171.
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed on 10-1-90. For prior history, see Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order including amendment transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending subsection (b) filed 2-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 6).
4. Change without regulatory effect renumbering title 10, section 5629 to title 25, section 8449.5 filed 7-19-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 29).
Note: Authority cited: Section 7076, Government Code; and Section 21082, Public Resources Code. Reference: Section 7075, Government Code.
