2011 California Code
Government Code
TITLE 1. GENERAL [100 - 7914]
CHAPTER 12.8. Enterprise Zone Act
Section 7075

(a) For preliminary applications filed before October 1, 2007, the following shall apply:

(1) Upon filing a preliminary application, the applicant city, county, or city and county, as lead agency, shall submit an initial study and a notice of preparation to the department, the state clearinghouse, and all responsible agencies.

(2) Only an applicant lead agency chosen by the department as a final applicant shall prepare, or cause to be prepared, a draft environmental impact report, which shall set forth the potential environmental impacts of any and all development planned within the enterprise zone. The draft environmental impact report shall be submitted to the department with the final application.

(3) Prior to final designation by the department, the applicant shall complete and certify the final environmental impact report.

(4) The environmental impact report shall comply with Division 13 (commencing with Section 21000) of the Public Resources Code.

(5) No further environmental impact report shall be required if the effects of the project were any of the following:

(A) Mitigated or avoided as a result of the environmental impact report prepared for the area.

(B) Examined at a sufficient level of detail in the environmental impact report for the area to enable those effects to be mitigated or avoided by specific site revisions, the imposition of conditions, or other means in connection with the designation of the area.

(C) Identified in the final environmental impact report and the lead agency made written findings that specific economic, social, or other considerations made the mitigation measures or project alternatives identified in the final environmental impact report unfeasible.

(b) For preliminary applications filed on and after October 1, 2007, the following shall apply:

(1) Upon filing a preliminary application, the applicant, city, county, or city and county, as lead agency, shall submit an initial study and a notice of preparation if an environmental impact report is to be prepared, to the department, the state clearinghouse, and all responsible agencies.

(2) Only an applicant lead agency chosen by the department as a final applicant shall prepare, or cause to be prepared, a draft environmental impact report, negative declaration, or mitigated negative declaration, as required by Division 13 (commencing with Section 21000) of the Public Resources Code, which shall be submitted to the department with the final application.

(3) Prior to final designation by the department, the applicant lead agency shall complete and certify the final environmental impact report, or approve the negative declaration or mitigated negative declaration.

(4) The environmental impact report, negative declaration, or mitigated negative declaration shall comply with Division 13 (commencing with Section 21000) of the Public Resources Code.

(Amended by Stats. 2007, Ch. 643, Sec. 1. Effective October 13, 2007.)