2005 AGN JUL 19 I09 - Laserfiche WebLink

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tJ1NV O�'riC�! OF �EBT BE''�i at KR�X#E�Fi LLP C)n September 7, 200�4, the Resources Agency of�cially amended thc fotlowing sections af the State CEQA Guideli�s: 15023, 15041, 15062, 15063, I5064,15064.5, 15065, 15075,15082, 15085,1 Sa87, 15U88, 15Q8$.5, 15094, 15097, 1512b.4, 15130, 1 S 152. 15183, 15205, 15206,15252,15313, 15325, 1533U, 15378, Apgendix C, aad Appendix D. The Resoum,es A$ency also added two new pravisions to t3ie Guidelines, Section 15333 and Appendix L. The substance of these amendments was sumnaarized in the memorandum provided to you in November 2Qt)4. Your ?rOQS Local GEQA Guidclines �avc been updated to refl� thesc changes. --.�.�.r _ _�_ _� _.�._ ��. ;� 2004 was a very active session for CEQA legislation. In all, the Legislature passed and the Govemor signed ten bills relating to CEQA The text of these bills is sumnzarized below. Assembty BiU 3990 (AB 3U90) AB 3090 requires that the CEQA Guidalines be revised to reflect the California Supreme Court`s holding in Friends of Sierra Madre v. City of Sierra Madre, 25 C�i. 4th 165 {2001). Previously, Secxion 15378 a�f the CEQA Ciuid�lines d�f'ines the "pmjects" tbat are not subject to CEQA; this defuution excluded proposa�s that �re subrnitt� to � vote of the people firom the CEQA review pra:ess. Public agencies had relied on this provision to put initiative measures on the ballot without undertaking environmental review of the pot�ntial impacts of the proposed new laws. in Friends of Sierra Madre, the �ourt ruled that Ehe Guidelincs' exclusion of initistive..s spansored by public agcncies was overbroad. While initiatives placed on the ballot due to voter-sponsored petition drives are exempt from CEQA review, uutiatives placed on the ballot as a discmtionary docision of the public agency are not. AB 3U90 also moved the provision requiring the Resourcees Agency to prepare a�ndments to thc Stata GEQA Guidclines from Public Resources Code � 21083 to PubLic Resources Code � 21087. The amend�ments are sti�l required to be prepared every two years. As expleined beZow, the Resources Agency amended Section 15378 of the State CEQA f3uidelines last September. The n�w language addresses the issue targeted by AB 3090. �e have revised your Gu�delines to reflect the revisions made by the Rasources A�ency to the State Guideiines, and no addit�onal revisions are necessary to bring your Guidelines into compliance with this bill. Assembly Bill 2814 (AB Z814) AB 2814 relates to CEQA litigation proc�eduras. This bill clarifies that the petitioner bringing a CEQA lawsuit i� require+d to name as defendants only the public agencies that issued the approval and the recipients of tbe approv�l. Becausc AB 2814 relates only to litigatioa proceduras, it dces not require any changes to your Guidelines. -2- u��o.�