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2014 California Rules of Court

Rule 3.1365. Form and format of administrative record lodged in a CEQA proceeding

(a) Organization

(1)Order of documents

Except as permitted in (a)(3), the administrative record must be organized in the following order, as applicable:

(A)The Notice of Determination;

(B)The resolutions or ordinances adopted by the lead agency approving the project;

(C)The findings required by Public Resources Code section 21081, including any statement of overriding considerations;

(D)The final environmental impact report, including the draft environmental impact report or a revision of the draft, all other matters included in the final environmental impact report, and other types of environmental impact documents prepared under the California Environmental Quality Act, such as a negative declaration, mitigated negative declaration, or addenda;

(E)The initial study;

(F)Staff reports prepared for the administrative bodies providing subordinate approvals or recommendations to the lead agency, in chronological order;

(G)Transcripts and minutes of hearings, in chronological order; and

(H)The remainder of the administrative record, in chronological order.

(2)List not limiting

The list of documents in (1) is not intended to limit the content of the administrative record, which is prescribed in Public Resources Code section 21167.6(e).

(3)Different order permissible

The documents may be organized in a different order from that set out in (1) if the court so orders on:

(A)A party's motion;

(B)The parties' stipulation; or

(C)The court's own motion.

(4)Oversized documents

Oversized documents included in the record must be presented in a manner that allows them to be easily unfolded and viewed.

(5)Use of tabs or electronic bookmarks

The administrative record must be separated by tabs or marked with electronic bookmarks that identify each part of the record listed above.

(b) Index

A detailed index must be placed at the beginning of the administrative record. The index must list each document in the administrative record in the order presented, or in chronological order if ordered by the court, including title, date of the document, brief description, and the volume and page where it begins. The index must list any included exhibits or appendixes and must list each document contained in the exhibit or appendix (including environmental impact report appendixes) and the volume and page where each document begins. A copy of the index must be filed in the court at the time the administrative record is lodged with the court.

(c) Appendix of excerpts

A court may require each party filing a brief to prepare and lodge an appendix of excerpts that contains the documents or pages of the record cited in that party's brief.

Rule 3.1365 adopted effective January 1, 2010.

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