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Document and Permit Consistency |
California Environmental Quality Control Act (CEQA) Toolbox Types of EIR documents |
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This article describes a number of examples of variations in an EIR, as the
documents are tailored to different situations and intended uses. These
variations are not exclusive. Lead agencies may use other variations
consistent with the
Guidelines to meet the needs of other circumstances. An EIR must
meet the content requirements discussed in Article 9 beginning with
Section 15120.
Project EIRThe most common type of EIR examines the environmental impacts of a specific development project. This type of EIR should focus primarily on the changes in the environment that would result from the development project. The EIR shall examine all phases of the project including planning, construction, and operation. Subsequent EIRWhen an EIR has been certified or a negative declaration adopted for a project, a subsequent EIR shall be prepared for that project if the lead agency determines, based on substantial evidence in the light of the whole record, one or more of the following:
If changes to a project or its circumstances occur, or new information becomes available after adoption of a ND, the lead agency shall prepare a subsequent EIR if required under subsection (a). Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration or an addendum. A subsequent EIR or subsequent ND shall be given the same notice and public review as required under CEQA Guidelines Section 15087 or Section 15072. A subsequent EIR or ND shall state where the previous documents are available and may be reviewed. Supplement to an EIRThe lead or responsible agency may choose to prepare a supplement to an EIR rather than a subsequent EIR if:
The supplement to the EIR need contain only the information necessary to make the previous EIR adequate for the project as revised, shall be given the same kind of notice and public review as is given to a draft EIR under Title 14 CCR, Section 15087, and may be circulated by itself without re-circulating the previous draft or Final EIR. When the agency decides whether to approve the project, the decision-making body shall consider the previous EIR as revised by the supplemental EIR. A finding under Section 15091 shall be made for each significant effect shown in the previous EIR as revised. Addendum to an EIR or Negative DeclarationThe lead or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Title 14 CCR, Section 15162 calling for preparation of a subsequent EIR have occurred. An addendum to an adopted ND may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Title 14 CCR, Section 15162 calling for the preparation of a subsequent EIR or ND have occurred. An addendum need not be circulated for public review, but can be included in or attached to the final EIR or adopted ND. The decision making body shall consider the addendum with the final EIR or adopted ND prior to making a decision on the project. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Title 14 CCR, Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. Multiple and Phased ProjectsWhere individual projects are, or a phased project is, to be undertaken and where the total undertaking comprises a project with significant environmental effect, the lead agency shall prepare a single program EIR for the ultimate project as described in Title 14 CCR, Section 15168. Where an individual project is a necessary precedent for action on a larger project, or commits the lead agency to a larger project, with significant environmental effect, an EIR must address itself to the scope of the larger project. Where one project is one of several similar projects of a public agency, but is not deemed a part of a larger undertaking or a larger project, the agency may prepare one EIR for all projects, or one for each project, but shall in either case comment upon the cumulative effect. EIR as Part of a General PlanThe requirements for preparing an EIR on a local general plan, element, or amendment thereof will be satisfied by using the general plan, or element document, as the EIR and no separate EIR will be required, if:
Where an EIR rather than a ND has been prepared for a general plan, element, or amendment thereto, the EIR shall be forwarded to the State Clearinghouse for review. The requirement shall apply regardless of whether the EIR is prepared as a separate document or as a part of the general plan or element document. Staged EIRWhere a large capital project will require a number of discretionary approvals from government agencies and one of the approvals will occur more than two years before construction will begin, a staged EIR may be prepared covering the entire project in a general form. The staged EIR shall evaluate the proposal in light of current and contemplated plans and produce an informed estimate of the environmental consequences of the entire project. The aspect of the project before the public agency for approval shall be discussed with a greater degree of specificity. When a staged EIR has been prepared, a supplement to the EIR shall be prepared when a later approval is required for the project, and the information available at the time of the later approval would permit consideration of additional environmental impacts, mitigation measures, or reasonable alternatives to the project. Program EIRA program EIR is an EIR that may be prepared on a series of actions that can be characterized as one large project, and are related either:
The use of a program EIR can provide the following advantages. The program EIR can:
A program EIR will be most helpful in dealing with subsequent activities if it deals with the effects of the program as specifically and comprehensively as possible. With a good and detailed analysis of the program, many subsequent activities could be found to be within the scope of the project described in the program EIR, and no further environmental documents would be required. A program EIR can be used to simplify the task of preparing environmental documents on later parts of the program. The program EIR can:
A lead agency under CEQA may work with a federal agency to prepare a joint document that will meet the requirements of both CEQA and the National Environmental Policy Act (NEPA). Use of such a joint document is described in Article 14, beginning with Title 14 CCR, Section 15220. Reference: CEQA Guidelines, Types of Environmental Impact Reports |
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Last updated: October 30, 2007 Permit Toolbox http://www.ciwmb.ca.gov/PermitToolBox/ Scott Beckner: sbeckner@ciwmb.ca.gov (916) 341-6328 |