2005 AGN JUL 19 I09 - Laserfiche WebLink

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� , . .:: , �,. ,� ,, » :, „ ,, _ � , � „ _ . . ., .. ..,, WM O/�ICF.i t�i B�.RT EtE.ST 3� K�'�tE�3ER LLP manner that is cansistcut with the mitigation measwes set forth above; (2) to canst�.uct affordable housing in an urbanized area or sphare of influcnce; (3) involving conversivn of oak woodlands on agricultural land tb,at is u�ed to praduce or process ptant and aniunal products for conunercial purposes, ox (4) projects that are sub�ect to certified regulatory exeraptions firom CEQA. A new S�ction S.lb has been added to your Local Guidelines to address this new law, and the definiticans of "oak" and "oak woodlands" have �en added as Sections 10.38 and 10.39. Aiso, for owr oounty clients, their Initial Study fortns (Foron J) have been revised to include consideration of impacts to oak woodlands within the analysis of Biological Resources. Senate BiU 1889 {SB 1889) SB 1889 adds to the Public Resaurces Code a new section 21 U7U, dcfining "trustce sgen+c�' as "a state a$�ncy that has jurisdiction by law over nattu�al resouras affa�ed by a project, that are held in trust for the people of the State of California," and replaces text in Se.ctions 21480.3 and 21104 to refer to this aewly defined term. Previously, the Public Resources Code had not defined "trustee agency," perhaps due ta oversight. The I.agislature did not indicate any intent to ovenvle th� defu�ition of "trustee agency" cantained in State CEQA Guidelines Section 1538b, which lists four tntstee agencie�s: (1) the Department of Fish aad Game, (2) the State Lands Commission with r�pect to state-owned "sovereiga" lands such as the beds of navigable waters and state sehool lands, (3 ) the Departmer�t of Parkc and Recreation with regard to units of the state park system, and (4) the University of California with regard to sites within the Natural Land and Water Reserves system. Interestingly, the substitution of the new term in Section 21104 actually limits the scope of agencies with which lead agencies must consult. Instead of consulting with any agency with any jurisdiction over the project, the lead agency must now c�onsult only with responsible agencies, tzustee age�cies, and surrounding cities and counties. SB 1889 also m,ade U:chnical, nonsubstantive revisions to the statut�e and extended authorization for a special CE(lA exception relating to a Maste6r EIR prepared for specific develapment in tbe City of Oakland. Your Guidelines already included a defuution of "trustee agency." (See Section 10.55.} That defuution fully vomports with Che new law, so no changes to your Guidelfines were requircd• Senate B�i! 1330 (5813�50) SB 1350 re�cated Sociion 21084.2 of the Public Resourves Code, which bad instructed the �ffice of Planning and Res+eaarch {OPR) to considGr whether to exempt from CEQA review grojects for the treatn�ent of inedical waste by steam steriliza�ion. 4ther, lunited cat.e$orical exempt�ans pertauling to the cor�struction of steam sterilization units remaixi in CEQA Guidelines Sections 153U1(o} and 15303(� and are unaffected by SB 1350. The scvpe of this bill was so namow that it did not warrant changes to your Local Guidelines. -4- s��r�t�+o�r�a�i ��o. i