Cal. Code Regs. Tit. 4, § 15010 - Compliance with the California Environmental Quality Act (CEQA)
(a)
"CEQA Guidelines" means the Guidelines for Implementation of the California
Environmental Quality Act codified at title 14, California Code of Regulations,
section 15000 et seq.
(b) An applicant shall provide evidence of
compliance with, or exemption from, CEQA (division 13 (commencing with section
21000) of the Public Resources Code). The evidence provided may be any one of
the following:
(1) A signed copy of a
project-specific Notice of Determination or Notice of Exemption and a copy of
the associated CEQA document, or reference to where it may be located
electronically, a project description, and any accompanying permitting
documentation from the local jurisdiction used for review in determining
site-specific environmental compliance. Documentation may include a copy of the
administrative record previously certified or adopted by the local jurisdiction
that has already reviewed the commercial cannabis business' proposed commercial
cannabis activities. For purposes of this section, the administrative record
may include, but is not limited to:
(A)
Environmental documentation, including, but not limited to, exemptions, initial
studies, negative declarations, mitigated negative declarations, and
environmental impact reports;
(B)
Staff reports and related documents prepared by the local
jurisdiction;
(C) Transcripts or
minutes of the proceedings of the local jurisdiction;
(D) Notice(s) issued by the local
jurisdiction to comply with CEQA and the CEQA Guidelines;
(E) Proposed decisions or findings considered
by the local jurisdiction by its staff or the commercial cannabis business;
and
(F) Documentation of the local
jurisdiction's final decision.
(2) If the applicant does not have the
evidence specified in subsection (b)(1), or if the Department determines that
the evidence submitted is not sufficient to determine compliance or exemption
from CEQA, then the applicant shall submit the information on a form to be
prescribed by the Department. Such information shall include at least the
following:
(A) The project location and
surrounding land use, which shall:
(i)
Describe the project location, including street address, city, county,
Assessor's Parcel Number, major cross streets, general plan designation, zoning
designation, and any other physical description that clearly indicates the
project site location.
(ii)
Describe the surrounding land uses and zoning designations within a one-half
mile radius of the project and list all abutting land uses.
(iii) Include a vicinity map and aerial image
to show the project location.
(iv)
Include photographs, not larger than 8.5 by 11 inches, of existing visual
conditions as observed from publicly accessible vantage
point(s).
(B) A project
description, which shall:
(i) Describe the
activities included in the project application and identify any other
commercial cannabis activity or activities occurring at the proposed
premises.
(ii) Quantify the project
size (total floor area of the project), and the lot size on which the project
is located, in square feet.
(iii)
List and describe any other related public agency permits and approvals,
including any entitlements, required for this project, including those required
by a planning commission, local air district, or regional water
board.
(iv) Identify whether the
commercial cannabis business is licensed by, or has applied for licensure from,
the Department or one of the prior state cannabis licensing authorities (the
Bureau of Cannabis Control, the California Department of Food and Agriculture,
and the California Department of Public Health) to engage in commercial
cannabis activity at the proposed premises.
(v) Estimate the number of anticipated
employees onsite, occupancy during operating hours, and frequency of deliveries
or shipments originating from and/or arriving to the project
site.
(C) The
environmental setting, which shall:
(i)
Describe natural characteristics (e.g., topography, vegetation, drainage, soil
stability, habitat, etc.) on the project site.
(ii) Identify whether there are any
watercourses or riparian habitats (e.g., drainage swales, stream courses,
springs, ponds, lakes, creeks, tributary of creeks, wetlands) within 150 feet
of the proposed premises.
(iii)
Identify the approximate number of vehicle trips per day to be generated by the
project and information regarding the days and times most trips are expected to
occur.
(iv) Identify whether the
property contains natural features of scenic value or rare or unique
characteristics (e.g., rock outcroppings, mature trees).
(v) Identify whether the property has any
historic designations or archeological remains onsite.
(vi) Identify whether the property contains
habitat(s) for special status species.
(vii) Identify the location, type, and
quantity of hazardous materials, as defined by Health and Safety Code section
25260, that are stored, used, or disposed of at the project site and a copy of
the Hazardous Material Business Plan (HMBP) prepared for the proposed premises,
if any.
(viii) Discuss whether the
project will increase the quantity and type of solid waste, as defined by
Public Resources Code section 40191, or hazardous waste, as defined by Health
and Safety Code section 25117, that is generated or stored onsite.
(ix) Describe the project's anticipated
operational energy needs, identify the source of energy supplied for the
project and the anticipated amount of energy per day, and explain whether the
project will require an increase in energy demand and the need for additional
energy resources.
(c) If the Department determines that a
project does not qualify for an exemption and further environmental review is
required pursuant to the CEQA Guidelines, the Department may charge the
applicant for the costs of preparation of any supplemental environmental
document as well as the Department's costs for procedures to comply with
CEQA.
Notes
2. Amendment filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021, No. 40). This filing is a deemed emergency pursuant to Business and Professions Code sections 26013(b)(3) and 26153.1(k). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.
3. Amendment refiled 3-28-2022 as an emergency; operative 3-28-2022 (Register 2022, No. 13). This filing is a deemed emergency pursuant to Business and Professions Code sections 26013(b)(3) and 26153.1(k). A Certificate of Compliance must be transmitted to OAL by 9-26-2022 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-28-2022 order transmitted to OAL 9-26-2022 and filed 11-7-2022 (Register 2022, No. 45).
Note: Authority cited: Section 26013, Business and Professions Code. Reference: Section 26055, Business and Professions Code.
2. Amendment filed 9-27-2021 as an emergency; operative
3. Amendment refiled 3-28-2022 as an emergency; operative
4. Certificate of Compliance as to 3-28-2022 order transmitted to OAL 9-26-2022 and filed
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