2002 AGN MAY 07 I08 - Laserfiche WebLink

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LAW OFFICES OF BEST BEST & KRIEGER LLP the proposed project and water received in prior years pursuant to those entitlements, rights, and contracts. If the public water system concludes that the water supply is, or will be, insufficient, it must submit plans for acquiring additional water supplies. If a city or county is unable to identify any public water system that may supply water for the project, it must prepare the water supply assessment itself. Regardless of what entity prepares it, the water supply assessment must be included in any environmental document prepared for the project. To address this new requirement, a new section entitled Consultation with Water Agencies Regarding Large Development Projects, has been added to the Initial Study chapter of your Local Guidelines. Water Supplies {or Large Development Prow SB 221 enacts new requirements to address the water supply needs of large development projects. Public agencies are now prohibited from approving tentative maps, certain parcel maps or development agreements for subdivisions of property into more than 500 dwelling units, unless the approving agency: (1) provides written verification from the applicable public water system that a sufficient water supply is available, or (2) under certain circumstances, makes a specified finding that sufficient water supplies are, or will be, available prior to completion of the project. If the written verification provided by the applicable public water system indicates that the public water system is unable to provide sufficient water to serve the project's ultimate water needs, the public agency cannot approve the project unless it makes a finding that the record contains substantial evidence that additional water supplies not accounted for by the public water system are, or will be, available prior to completion of the subdivision. If the public water system fails to deliver the written verification, the public agency or any other interested party may seek a writ of mandamus to compel the public water system to comply, and the approving agency may make a finding regarding the available water supply based on the substantial evidence in the record. To address this new requirement, a new section entitled Subdivisions with More than 500 Dwelling Units, has been added to the Initial Study chapter of your Local Guidelines. 2001 CEQA CASE LAw Summarized below are a few ofthe 2001 cases involving the application of CEQA that may be of interest to you. One of these cases, Communities for a Better Environment v. California Resources Agency, Sacramento County Superior Court Case No. OOCS00300, is noteworthy because it invalidated 8 portions of the State CEQA Guidelines (§§ 15064(h), 15064(i)(3), 15064(i)(4), 15130(a)(4), 15130(b)(1)(13)(2), 15152(f)(2), 15152(0(3)(C), and 15378(b)(5).) Your Local Guidelines have been revised as appropriate to track these changes to the State CEQA Guidelines. RVPC13\CITY,625913 -3 d' ,