Community-level environmental review

PRC §21159.20 (b)(2). Community-level environmental review means either of the following:

  1. An environmental impact report certified on any of the following:
    1. A general plan.
    2. A revision or update to the general plan that includes at least the land use and circulation elements.
    3. An applicable community plan.
    4. An applicable specific plan.
    5. A housing element of the general plan, if the environmental impact report analyzed the environmental effects of the density of the proposed project.
  2. Pursuant to this division and the implementing guidelines adopted pursuant to this division that govern subsequent review following a program environmental impact report, or pursuant to Section 21157.1, 21157.5, or 21166, a negative declaration or mitigated negative declaration was adopted as a subsequent environmental review document, following and based upon an environmental impact report on any of the projects listed in subparagraphs (A), (C), or (D) of paragraph (1).

Community Plan

CEQA Guidelines Section 15183 (i)(1). Community plan is defined as a part of the general plan of a city or county which applies to a defined geographic portion of the total area included in the general plan, includes or references each of the mandatory elements specified in Section 65302 of the Government Code, and contains specific development policies and implementation measures which will apply those policies to each involved parcel. Per Section 65302 of the Government Code, the mandatory elements are land use, circulation, housing, open space, conservation, safety, noise, and environmental justice.

Cortese List/ Government Code 65962

CalEPA has identified data resources to determine if a project is located on a site identified as a Cortese list. These data resources should be consulted and are available here.

In accordance with Government Code 65962.5, the Department of Toxic Substances Control shall compile and update as appropriate, but at least annually, and shall submit to the Secretary for Environmental Protection, a list of all of the following: All hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code. All land designated as hazardous waste property or border zone property pursuant to former Article 11 (commencing with Section 25220) of Chapter 6.5 of Division 20 of the Health and Safety Code. All information received by the Department of Toxic Substances Control pursuant to Section 25242 of the Health and Safety Code on hazardous waste disposals on public land. All sites listed pursuant to Section 25356 of the Health and Safety Code.

The State Department of Health Services shall compile and update as appropriate, but at least annually, and shall submit to the Secretary for Environmental Protection, a list of all public drinking water wells that contain detectable levels of organic contaminants and that are subject to water analysis pursuant to Section 116395 of the Health and Safety Code.

The State Water Resources Control Board shall compile and update as appropriate, but at least annually, and shall submit to the Secretary for Environmental Protection, a list of all of the following: All underground storage tanks for which an unauthorized release report is filed pursuant to Section 25295 of the Health and Safety Code. All solid waste disposal facilities from which there is a migration of hazardous waste and for which a California regional water quality control board has notified the Department of Toxic Substances Control pursuant to subdivision (e) of Section 13273 of the Water Code. All cease and desist orders issued after January 1, 1986, pursuant to Section 13301 of the Water Code, and all cleanup or abatement orders issued after January 1, 1986, pursuant to Section 13304 of the Water Code, that concern the discharge of wastes that are hazardous materials.

The local enforcement agency, as designated pursuant to Section 18051 of Title 14 of the California Code of Regulations, shall compile as appropriate, but at least annually, and shall submit to the Department of Resources Recycling and Recovery, a list of all solid waste disposal facilities from which there is a known migration of hazardous waste. The Department of Resources Recycling and Recovery shall compile the local lists into a statewide list, which shall be submitted to the Secretary for Environmental Protection and shall be available to any person who requests the information.

Cumulative impact

Guidelines §15355: “Cumulative impacts” refers to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.

Delineated Earthquake Fault Zone/Seismic Hazard Zone

Delineated earthquake fault zone, as determined pursuant to Public Resources Code Section 2622, or a seismic hazard zone, as determined pursuant to Public Resources Code Section 2696, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake fault or seismic hazard zone. The California Department of Conservation includes an interactive map that can be used to determine if a Project site is located within a delineated earthquake fault zone.

Developed Open Space

PRC §21159.21 (i) (2-3) and PRC §21155.1 (7)(A-B). Land that meets the following criteria: is publicly owned, or financed in whole or in part by public funds; is generally open to, and available for use by, the public; and is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ballfields, enclosed child play areas, and picnic facilities. It also includes, land that has been designated for acquisition by a public agency for developed open space but does not include lands acquired with public funds dedicated to the acquisition of land for housing purposes.

Dilapidated

PRC §21081.3 (d). Decayed, deteriorated, or fallen into such disrepair through neglect or misuse so as to require substantial repair for safe and proper use.

Employment center project

PRC §21099 (a)(1). A project located on property zoned for commercial uses with a floor area ratio of no less than 0.75 and that is located within a transit priority area.

Environmental effects that are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR

These are effects that the project analysis prepared under Section 15183 of the CEQA Guidelines identifies as significant, were similarly identified as significant in the prior EIR, but are now found to be more severe than previously disclosed. For example, the prior EIR may have identified excessive noise levels along major transportation corridors that when viewed at a site-specific level are made worse by the traffic generated by the proposed project.

Environmental effects that were not analyzed as significant effects in a prior EIR on the zoning action, general plan or community plan

These are effects that the project analysis prepared under Section 15183 of the CEQA Guidelines identifies as significant, but that were not addressed in the prior EIR. For example, a general plan EIR may not identify adverse effects on special status species that only become apparent at a site-specific level.

Environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies

This might include resources such as special-status species protected under a Habitat Conservation Plan or Natural Communities Conservation Plan; an over-drafted groundwater basin; or an area of excessive noise illustrated in a general plan noise element.

Fair argument standard

Under the fair argument standard that applies to review of an agency’s decision to adopt a negative declaration, the court determines whether there is any substantial evidence in the record of the agency’s proceedings that supports a fair argument that the project may have a significant effect on the environment. If the court finds substantial evidence in the record supporting such a fair argument, the agency’s decision to adopt a negative declaration will be set aside.

Under the fair argument standard, even if there is evidence in the record that would support the agency’s determination that significant impacts will not occur, a negative declaration cannot be upheld if the record also contains substantial evidence to the contrary.

See the definition for substantial evidence.

Families of very low, low, and moderate-income

The Housing Elements in the City and County General Plans include the income levels for families of very low, low, and moderate-income. Use the applicable City or County Housing Element to identify how very low, low, and moderate-income are defined.

Habitat for endangered, rare, or threatened species

Lands which support or, by the nature of their circumstances, could support endangered, rare, or threatened species.

Habitat of significant value

PRC §21155.1 (a)(2)(C)(iii). Wildlife habitat of national, statewide, regional, or local importance; habitat for species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act; habitat identified as candidate, fully protected, sensitive, or species of special status by local, state, or federal agencies; or habitat essential to the movement of resident or migratory wildlife.

High-Quality Transit Corridor

Referenced in SB 375 (Exemption, SCEA, SCEIR, MURP)

PRC §21155. A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.

High-Quality Transit Corridor

Referenced in SB 226

CEQA Guidelines, Appendix M (II). An existing corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. For the purposes of CEQA Guidelines Appendix M, an “existing stop along a high-quality transit corridor” may include a planned and funded stop that is included in an adopted regional transportation improvement program. Unless more specifically defined by an air district, city or county.

High volume roadway

CEQA Guidelines, Appendix M (II). Freeways, highways, urban roads with 100,000 vehicles per day, or rural roads with 50,000 vehicles per day.

Historical resources

PRC §21084.1. An historical resource is a resource listed in, or determined to be eligible for listing in, the California Register of Historical Resources. Historical resources included in a local register of historical resources, as defined in subdivision (k) of Section 5020.1, or deemed significant pursuant to criteria set forth in subdivision (g) of Section 5024.1, are presumed to be historically or culturally significant for purposes of this section, unless the preponderance of the evidence demonstrates that the resource is not historically or culturally significant. The fact that a resource is not listed in, or determined to be eligible for listing in, the California Register of Historical Resources, not included in a local register of historical resources, or not deemed significant pursuant to criteria set forth in subdivision (g) of Section 5024.1 shall not preclude a lead agency from determining whether the resource may be an historical resource for purposes of this section.

Infill Site

Referenced in SB 743 Aesthetics and Parking Limits

PRC §21099 (a)(4). A lot located within an urban area that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses.

Infill Site

Referenced in PRC §21159.24

PRC §21061.3. A site in an urbanized area that meets either of the following criteria:

  • The site has not been previously developed for urban uses and both of the following apply:
    • The site is immediately adjacent to parcels that are developed with qualified urban uses, or at least 75 percent of the perimeter of the site adjoins parcels that are developed with qualified urban uses, and the remaining 25 percent of the site adjoins parcels that have previously been developed for qualified urban uses.
    • No parcel within the site has been created within the past 10 years unless the parcel was created as a result of the plan of a redevelopment agency.
  • The site has been previously developed for qualified urban uses.

Low vehicle travel area

CEQA Guidelines, Appendix M (II). A traffic analysis zone that exhibits a below average existing level of travel as determined using a regional travel demand model. For residential projects, travel refers to either home-based or household vehicle miles traveled per capita. For commercial and retail projects, travel refers to non-work attraction trip length; however, where such data are not available, commercial projects reference either home-based or household vehicle miles traveled per capita. For office projects, travel refers to commute attraction vehicle miles traveled per employee; however, where such data are not available, office projects reference either home-based or household vehicle miles traveled per capita.

Major Transit Stop

PRC §21064.3. A site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

Ministerial

"Ministerial" means that qualifying projects must be approved and a local city or county cannot apply any discretion concerning their approval.

Objective Zoning Standard

"Objective zoning standard", "objective subdivision standard", and "objective design review standard" means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. "Objective design review standards" means only objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, which are broadly applicable to development within the jurisdiction.

A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation.

Growth, unit, or other caps that restrict the number of units allowed in the proposed development or that expressly restricts the timing of development can be applied only to the extent that those caps do not inhibit the development’s ability to achieve the maximum density allowed by the land use designation and any density bonus the project is eligible for and do not restrict the issuance of building permits for the project.

Offsite parking standards cannot be more than 1 space per unit; in certain cases, the local agency may not impose parking standards at all (see SB 35 Guidelines).

Office building

CEQA Guidelines, Appendix M (II). Office building generally refers to centers for governmental or professional services; however, the lead agency shall have discretion in determining whether a project is “commercial” or “office building” for the purposes of this Appendix based on local zoning codes.

Peculiar environmental effects

These are effects that are peculiar to the project or its location. Examples might include (but are not limited to) site-specific noise generation, vehicle miles traveled, or aesthetic effects due to vegetation removal.

Preliminary Endangerment Assessment

Health and Safety Code 25401.1 "Preliminary endangerment assessment" means an activity that is performed to determine whether current or past hazardous material management practices or waste management practices have resulted in a release or threatened release of hazardous materials that pose a threat to public health or the environment. A preliminary endangerment assessment shall be conducted in a manner that complies with the guidelines published by the department entitled "Preliminary Endangerment Assessment: Guidance Manual," and that evaluates whether a hazardous material has been discharged, threatens to discharge, or is discharging, to waters of the state.

A preliminary endangerment assessment requires sampling and analysis of a property, a preliminary determination of the type and extent of hazardous materials release or threatened release on contamination of the property, and a preliminary evaluation of the risks that hazardous materials contamination of the property may pose to public health or the environment, including waters of the state.

A preliminary endangerment assessment is similar to a Phase II and involves sampling and laboratory analysis to confirm the presence of hazardous materials. However, a Phase II may not involve the risk assessment component (e.g., preliminary evaluation of the risks that hazardous materials contamination of the property may pose to public health or the environment) that is included in a preliminary endangerment assessment.

Prior EIR

Referenced in SB 375 – Exemption

A prior EIR can include the EIR for the RTP/SCS or an EIR for a Specific Plan if the project is located within a Specific Plan Area.

Prior EIR

Referenced in SB 226

Prior EIR for a planning-level decision could be an EIR for a coastal plan, general plan, specific plan, community plan, zone change, or a sustainable communities strategy.

Qualified urban uses

PRC §21072. Any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.

Residential

PRC §21159.23 (d) and PRC §21159.24 (d). A use consisting of either of the following: (1) Residential units only; (2) Residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 15 percent of the total floor area of the project.

Residential or mixed-use housing project

PRC §21159.25 (a) (1). A Project consisting of multifamily residential uses only or a mix of multifamily residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential uses.

Riparian areas

PRC §21155.1 (a)(2)(C)(i). Those areas transitional between terrestrial and aquatic ecosystems and that are distinguished by gradients in biophysical conditions, ecological processes, and biota. A riparian area is an area through which surface and subsurface hydrology connect waterbodies with their adjacent uplands. A riparian area includes those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems. A riparian area is adjacent to perennial, intermittent, and ephemeral streams, lakes, and estuarine-marine shorelines.

Significant effects related to traffic, noise, air quality, or water quality

These are impacts of the project on traffic, noise, air quality, or water quality that may be significant. Analyses of these issues may be necessary in order to establish that the project will not result in a significant effect in any of these subjects. Contact ICF if you need help with this.

Significant sources of air pollution

CEQA Guidelines, Appendix M (II). Includes airports, marine ports, rail yards and distribution centers that receive more than 100 heavy-duty truck visits per day, as well as stationary sources that are designated major by the Clean Air Act.

Small walkable community project

CEQA Guidelines Section 15183.3 (f)(5). A project that is all of the following:

  1. In an incorporated city that is not within the boundary of metropolitan planning organization;
  2. Within an area of approximately one-quarter mile diameter of contiguous land that includes a residential area adjacent to a retail downtown area and that is designated by the city for infill development consisting of residential and commercial uses. A city may designate such an area within its general plan, zoning code, or by any legislative act creating such a designation, and may make such designation concurrently with project approval; and
  3. Either a residential project that has a density of at least eight units to the acre or a commercial project with a floor area ratio of at least 0.5, or both.

State Conservancy

These are the 10 conservancies overseen by the California Natural Resources Agency. Examples include the Coastal Conservancy, Santa Monica Mountains Conservancy, and Tahoe Conservancy.

State scenic highway

State scenic highways are defined in Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highway Codes, which can be accessed here. The location of state scenic highways can be found here.

Substantial change and new information

This is the same as found in CEQA Guidelines Section 15162 relating to subsequent EIRs. CEQA Guidelines Section 15162 identifies the following:

  1. When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
    1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
    2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
    3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
      1. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
      2. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
      3. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
      4. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
  2. If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation.
  3. Once a project has been approved, the lead agency‘s role in project approval is completed, unless further discretionary approval on that project is required. Information appearing after an approval does not require reopening of that approval. If after the project is approved, any of the conditions described in subdivision (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted.
  4. A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state where the previous document is available and can be reviewed.

Substantial evidence

CEQA Guidelines Section 15384.

  1. “Substantial evidence” as used in these guidelines means enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. Whether a fair argument can be made that the project may have a significant effect on the environment is to be determined by examining the whole record before the lead agency. Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, or evidence of social or economic impacts which do not contribute to or are not caused by physical impacts on the environment does not constitute substantial evidence.
  2. Substantial evidence shall include facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts.

Substantially surrounded by qualified urban uses

PRC §21159.25 (a)(2). “Substantially surrounded” means at least 75 percent of the perimeter of the project site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses. The remainder of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that have been designated for qualified urban uses in a zoning, community plan, or general plan for which an environmental impact report was certified.

Sustainable Communities Strategy

Click here for a discussion in how to determine consistency with the SCS/RTP.

Transit Priority Area

PRC §21099 (a)(7). An area within one-half mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in an adopted Transportation Improvement Program. Metropolitan Planning Organizations (MPOs) are responsible for preparing their region’s Sustainable Community Strategy (SCS)/ Regional Transportation Plan (RTP). Many SCS/RTPs include resources that can be used to identify whether your project is located within a Transit Priority Area. For example, a map of the Transit Priority Areas in Plan Bay Area (2040), which is the current RTP/SCS for the Bay Area can be found here. A map of the Transit Priority Areas in the Southern California Association of Governments (SCAG) region can be found here. A list of all MPOs in California is located here.

Transit Station

CEQA Guidelines Section 15183.3 (f) (1). A rail or light-rail station, ferry terminal, bus hub, bus transfer station, or bus stop, and includes all streetscape improvements constructed in the public right-of-way within one-quarter of a mile of such facility to improve multi-modal access to the facility, such as pedestrian and bicycle safety improvements and traffic-calming design changes that support pedestrian and bicycle access.

Uniformly Applied Development Policies or Standards (UADPS)

Read all about UADPS here!

Unusual circumstances

Unusual circumstances are aspects of the project or its location that are different from the existing surroundings. An example might be an undeveloped site that contains special-status species habitat that is surrounded by urbanized land.

Urban Area

PRC §21094.5 (e) (5). Includes either an incorporated city or an unincorporated area that is completely surrounded by one or more incorporated cities that meets both of the following criteria:

  • The population of the unincorporated area and the population of the surrounding incorporated cities equal a population of 100,000 or more
  • The population density of the unincorporated area is equal to, or greater than, the population density of the surrounding cities.

Urbanized area

PRC §21071. Urbanized area means either of the following:

  1. An incorporated city that meets either of the following criteria:
    1. Has a population of at least 100,000 persons.
    2. Has a population of less than 100,000 persons if the population of that city and not more than two contiguous incorporated cities combined equals at least 100,000 persons.
  2. An unincorporated area that satisfies the criteria in both paragraph (1) and (2) of the following criteria:
    1. Is either of the following:
      1.  Completely surrounded by one or more incorporated cities, and both of the following criteria are met:
        1. The population of the unincorporated area and the population of the surrounding incorporated city or cities equals not less than 100,000 persons.
        2.  The population density of the unincorporated area at least equals the population density of the surrounding city or cities.
      2. Located within an urban growth boundary and has an existing residential population of at least 5,000 persons per square mile. For purposes of this subparagraph, an “urban growth boundary” means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side.
    2. The board of supervisors with jurisdiction over the unincorporated area has previously taken both of the following actions:
      1. Issued a finding that the general plan, zoning ordinance, and related policies and programs applicable to the unincorporated area are consistent with principles that encourage compact development in a manner that does both of the following:
        1. Promotes efficient transportation systems, economic growth, affordable housing, energy efficiency, and an appropriate balance of jobs and housing.
        2. Protects the environment, open space, and agricultural areas.
      2. Submitted a draft finding to the Office of Planning and Research at least 30 days prior to issuing a final finding, and allowed the office 30 days to submit comments on the draft findings to the board of supervisors.

Urbanized area or urbanized cluster

As designated by the U.S. Census Bureau. The U.S. Census Bureau provides a list of urbanized areas and urbanized clusters here.

Wetland

Referenced in SB 375 – Exemption

PRC §21155.1 (a)(2)(B). As defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

Wetland

Referenced in PRC §21159.23, PRC §21159.24

PRC §21159.21 (d). Defined in Section 328.3 of Title 33 of the Code of Federal Regulations.

Wildland Fire Hazard

Hazard areas are determined by CalFire and are summarized in maps that can be accessed here.

Wildlife habitat

PRC §21155.1 (a)(2)(C)(ii). The ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection.

Within 0.5 Mile

PRC §21155 (b). A project shall be considered to be within one-half mile of a major transit stop or high-quality transit corridor if all parcels within the project have no more than 25 percent of their area farther than one-half mile from the stop or corridor and if not more than 10 percent of the residential units or 100 units, whichever is less, in the project are farther than one-half mile from the stop or corridor. Tip: measure the distance “as the crow flies” from your site to the nearest qualifying transit stop.