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2005 AGN JUL 19 I09
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2005 July 19 Agenda Packet
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2005 AGN JUL 19 I09
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,�,,,,..w4 ,�, , , ., .. . _ <br />;, <br />_ , <br />,. _�: <br />,� <br />1J1MV O/�1C�'.S Of <br />9E8'i 6E'�S'T ai KA��:4ER LLP <br />Assembly Bill 2922 (AB Z92Z) <br />Freviously, the statuttes goveming the use of Master EIRs required thc preparation <br />of Supplemental ar Subsequent EIRs tio analyze the impacts of such changes. AB 2922 chan$es <br />the ruics governing the use of Ma�ter EIRs to allow a lead aga�cy to grepare a Mitigated <br />Negative Declaration to analyze changes that have occurred, or new information that has <br />surfaced, with respect to t,hc circuzns�tanc�es under which a I�aster EIR was certif'ied. Section <br />8.10 of your Guidelines has been revis� to reflect these new changes to the law. <br />Senate BiU 64? (SB 64� <br />This bill e,xt�ends the time that local sgencies are required to retain Notices of <br />Determination from 9 months to 12 months. Section b.14 and 7.33 of your Local C�uidelines <br />have beeu revised to reflect this new rec�uirement. SB fi47 aiso restored de�nitions of "reuse <br />plan" and "military base" that wea�e inadvertcntly r��ealed by prior legislation. <br />Senate BiU 945 (SB 94S) <br />SB 945 m,akes slight revisions to existing law regarding certain types of projects <br />located within �i mile of a school siCe. Previously, CFC1A imgosed c,ertain requirer�aents on <br />pmj�cxs proposing to construct or alter a facility that migbt reasonably be anticipated tv emit <br />hazardous or acutely hazardous air emissions or which wouid handle acutely hazsrdous <br />materials, if the proposed loc�tion of the groject was within i/4 mile of a s�hool site. SB 945 <br />changcd the tGrminoiogy from "hazardous materials" to "hazardous substance" to make the <br />statutory language more eonsistent with the hazardous substance laws contained in the Health <br />and Safety Code. The min,or changes to this statute are reflected in the revisions to Section 7.30 <br />of your Local Guidelines. <br />Senate B�ll 1334 tSB 1334) <br />SB 1334 requires eounties to consider whetb,er a project will result in oonversion <br />of oak woodlaads in determinin,g if a projcct will have a significaut effoct on the cnvironment. <br />Notably, SB 1334 does not apply to any public ag�ncies other than counties. <br />While SB 1334 clef'ules "oak," it does not define "oak woodlands." Presumably, <br />though, the defuutaon includod in tha Uak Woodlands Conservation Act would apply. Thc Oak <br />Woadlands Conservation Act def�es "oak woodlands" to mean "an oak stand with a greater thai� <br />10 percent canopy cover or that may have historically supported greater than lU pe,rcent canopy <br />cover." Fish & Gan�e Code � 1361(b�). <br />If impacts to oak woodlands are identified, the cownty must impose one or more <br />of the following mitigation measures: (1} consen+ation through the use of easements, <br />(2) planting r�eplacement tre�s or restoring former woodlands, thaugh this can be used for only <br />one�--half of the total mitigation required, (3) contributing funds to the 4ak Woodlands <br />Conscrvation Fund, or (4) other mitigation measures as developed by the couaty for the project. <br />SB 1334 does not apgly to projects: (1) undertaken pursusat to a Natural <br />Community Conservation Plan ar subarea plan that covers oaks or protects oak woodlands in a <br />-3- <br />s�cc�►�cec�n�rrs�� ��o. i <br />
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