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SB-801 Environmental quality: CEQA.(2009-2010)

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SB801:v98#DOCUMENT

Amended  IN  Senate  April 13, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Senate Bill
No. 801

Introduced  by  Senator Walters

February 27, 2009

An act relating to coastal resources. An act to amend Section 21100 of the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 801, as amended, Walters. Coastal resources: coastal zone: City of Laguna Niguel. Environmental quality: CEQA.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect.
This bill would make technical, nonsubstantive changes to those provisions.

The California Coastal Act of 1976 imposes certain restrictions on development in the coastal zone of the state and requires each local government located within the coastal zone to prepare a local coastal program. The act defines “coastal zone” for these purposes and makes revisions to the coastal zone boundary.

This bill would state the intent of the Legislature to enact legislation to conform the coastal zone boundary in the City of Laguna Niguel to the most westerly and seaward existing built-out development edge of the city.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 21100 of the Public Resources Code is amended to read:

21100.
 (a) All lead agencies A lead agency shall prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on any a project which they propose that it proposes to carry out or approve that may have a significant effect on the environment. Whenever feasible, a standard format shall be used for an environmental impact reports report.
(b) The environmental impact report shall include a detailed statement setting forth all of the following:
(1) All significant effects on the environment of the proposed project.
(2) In a separate section:
(A) Any significant effect on the environment that cannot be avoided if the project is implemented.
(B) Any significant effect on the environment that would be irreversible if the project is implemented.
(3) Mitigation measures proposed to minimize significant effects on the environment, including, but not limited to, measures to reduce the wasteful, inefficient, and unnecessary consumption of energy.
(4) Alternatives to the proposed project.
(5) The growth-inducing impact of the proposed project.
(c) The report shall also contain a statement briefly indicating that briefly states the reasons for determining that various effects on the environment of a project are not significant and consequently have not been discussed in detail in the environmental impact report.
(d) For purposes of this section, any significant effect on the environment shall be limited to substantial, or potentially substantial, adverse changes in physical conditions which exist within the area as defined in Section 21060.5.
(e) Previously approved land use documents, including, but not limited to, general plans, specific plans, and local coastal plans, may be used in cumulative impact analysis.

SECTION 1.

The Legislature intends to enact legislation to revise the coastal zone boundary for the City of Laguna Niguel to the most westerly and seaward existing built-out development edge of the city excluding existing residences and city streets, while continuing to preserve and protect those natural and manmade features seaward of the developed areas, including public open space, public parkland, linkages to the California Coastal Trail, fire access roads, and buffer and fuel modification zones.