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§ 5010. Compliance with the California Environmental Quality Act (CEQA).

16 CA ADC § 5010BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 16. Professional and Vocational Regulations
Division 42. Bureau of Cannabis Control
Chapter 1. All Bureau Licensees
Article 2. Applications
16 CCR § 5010
§ 5010. Compliance with the California Environmental Quality Act (CEQA).
(a) For purposes of complying with the California Environmental Quality Act (CEQA):
(1) “Project” means the commercial cannabis activity or activities for which an annual license application is submitted to the Bureau and which requires the Bureau to engage in discretionary review.
(2) “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.
(3) “Environmental document” has the same meaning as section 15361 of the CEQA Guidelines. Environmental documents are prepared by the applicant or the local jurisdiction that analyzes the commercial cannabis activity or activities and which assess whether the project has the potential to generate significant adverse environmental impacts.
(b) An applicant may provide evidence of compliance with CEQA by submitting a copy of an environmental document previously certified or adopted by the local jurisdiction that evaluated the project.
(c) If a previously certified or adopted environmental document is not available or does not exist, and if the Bureau does not determine that the project is exempt from CEQA as provided in section 5010.2 of this division, the applicant shall provide information to enable the Bureau to determine what type of environmental document should be prepared by submitting the CEQA Project-Specific Information Form, BCC-LIC-025 (New 10/18), incorporated herein by reference. Such information shall include at least the following:
(1) The project location and surrounding land use, which shall:
(A) 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.
(B) Describe the surrounding land uses and zoning designations within a one-half mile radius of the project and list all abutting land uses.
(C) Include a vicinity map and aerial image to show the project location.
(D) Include photographs, not larger than 8 1/2 by 11 inches, of existing visual conditions as observed from publicly accessible vantage point(s).
(2) A project description, which shall:
(A) Describe the activities included in the project application and identify any other commercial cannabis activity or activities occurring at the proposed premises.
(B) Quantify the project size (total floor area of the project), in square feet, and the lot size on which the project is located, in square feet.
(C) 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.
(D) Identify whether the applicant is licensed by, or has applied for licensure from, the California Department of Food and Agriculture or the State Department of Public Health to engage in commercial cannabis activity at the proposed premises.
(E) 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, and describe the anticipated transportation activity at the project site including the effects of the project related to public transit, bicycle, or pedestrian facilities.
(F) 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.
(G) 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.
(H) 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.
(3) The Bureau shall consider, for purposes of evaluating compliance with CEQA, both the individual and cumulative impacts of all commercial cannabis activities occurring at the proposed premises.
Note: Authority cited: Section 26013, Business and Professions Code. Reference: Section 26055, Business and Professions Code.
HISTORY
1. New section filed 12-7-2017 as a deemed emergency pursuant to Business and Professions Code section 26013(b)(3); operative 12-7-2017 (Register 2017, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-5-2018 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 6-4-2018 as an emergency; operative 6-6-2018 pursuant to Government Code section 11346.1(d) (Register 2018, No. 23). Pursuant to Business and Professions Code section 26013(b)(3), this is a deemed emergency and the emergency regulations remain in effect for 180 days. A Certificate of Compliance must be transmitted to OAL by 12-3-2018 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-4-2018 order, including amendment of section heading and section, transmitted to OAL 12-3-2018 and filed 1-16-2019; amendments operative 1-16-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 3).
This database is current through 2/7/20 Register 2020, No. 6
16 CCR § 5010, 16 CA ADC § 5010
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