California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Appendix J - Examples of Tiering EIR's

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
FIRST TIER EIR
*
project encompasses
						  separate but related projects such as general plan, zoning, development
(15152)
*
later tiers move from general to
						  specific analysis of projects
*
later project is consistent with
						  general plan or zoning
Later Project
EIR
*
initial study must examine
						  significant effects not covered in prior EIR
*
later EIR must state lead agency is
						  using tiering concept and must comply with section
						  15152
STAGED EIR (15167)
*
one large project
						  will require a number of discretionary approvals from govt. agencies and one of
						  those approvals will occur more than two years before construction
						  commences
Supplement to the Staged
						  EIR
*
supplements to the staged EIR are prepared for later
						  government agency approvals on the same overall project if information
						  available at the time of that later approval would permit consideration of
						  additional environmental impacts, mitigation measures or reasonable
						  alternatives
*
series of actions or activities that
						  can be characterized as one large project and are related either:
*
geographically
PROGRAM EIR
*
as logical parts of a
						  change of activities
(15168)
*
in connection with rules,
						  regulations, plans or other general criteria governing a continuing
						  program
*
as individual activities carried out
						  under common authority (statutory or regulatory) and having similar
						  environmental effects which can be mitigated in similar ways
Subsequent Project EIR
*
only if
						  subsequent activity has effects not examined in the previously certified
						  program EIR will additional environmental documentation be required (if
						  subsequent activity has no new effects, that activity is covered by the program
						  EIR)
*
alternative to project, staged, or
						  program EIR
*
can be used for:
MASTER EIR
- general plan (or gen.
						  plan element, amendment, or update)
(15175)
- redevelopment plan projects
						  (public or private)
- project consisting of phases or
						  smaller individual projects
- other activities described in
						  15175
*
after five years from initial
						  certification, adopting authority must review the Master EIR and prepare
						  subsequent or supplemental EIR if substantial changes have occurred with
						  resepct to circumstances under which the original Master EIR was adopted
*
no new EIR is required for
						  subsequent projects within the scope of the Master EIR which cause no
						  additional significant effect
*
a subsequent, Focused EIR is
						  required only where:
Focused EIR (15177)
- substantial
						  new/additional information shows adverse environmental effects not examined in
						  Master EIR or more significant than described in EIR, or
- substantial new/additional
						  information shows mitigation measures previously determined to be infeasible
						  are now feasible and will avoid/reduce the significant effects to a level of
						  insignificance
SPECIAL SITUATIONS/EIRs
Multiple-family residential development/residential and
				  commercial or retail mixed-use development
(PRC 21158.5 and Guideline
				  §
									15179.5)
* project is multiple-family residential development up to
				  100 units or is a residential and commercial or retail mixed-use development of
				  not more than 100,000 square feet
* if project complies with procedures in section
				  21158.5, only a focused EIR need
				  be prepared, notwithstanding the fact that the project wasn't identified in the
				  Master EIR
Redevelopment Project
(15180)
* all public and private activities or undertakings in
				  furtherance of a redevelopment plan (public or private) constitute a single
				  project
* the redevelopment plan EIR is treated as a program
				  EIR
* no subsequent EIR is required for individual components of
				  the redevelopment plan unless substantial changes or substantial new
				  information triggers a subsequent EIR or supplement to an EIR pursuant to
				  (sections 15162 or
				  15163)
Housing/neighborhood commercial facilities
(15181)
* a project involving construction of housing or neighborhood
				  commercial facilities in an urbanized area
* a prior EIR for a specific plan, local coastal program, or
				  port master plan may be used as the EIR for such a project (no new EIR need be
				  prepared) provided section
				  15181 procedures are complied
				  with
Projects Consistent with Community Plan, General Plan,
				  or Zoning
(15183)
* a project which is consistent with a community plan adopted
				  as part of a general plan or zoning ordinance or a general plan of a local
				  agency and where there was an EIR certified for the zoning action or master
				  plan
* the EIR for the residential project need only examine
				  certain significant environmental effects, as outlined in section
				  15183
Regulations on Pollution Control Equipment
(PRC
				  section
				  21159)
* section
				  21159 requires environmental
				  analysis of reasonably foreseeable methods of compliance at the time of
				  adoption of rule or regulation requiring the installation of pollution control
				  equipment
* an EIR prepared at the time of adoption of the rule or
				  regulation is deemed to satisfy the requirement of section
				  21159
Installation of Pollution Control Equipment
(PRC
				  section
				  21159.1)
* a focused EIR is permitted where project 1) consists solely
				  of installation of pollution control equipment; 2) is required by rule or
				  regulation adopted by the State Air Resources Board, an air pollution control
				  district or air quality management district, the State Water Resources Control
				  Board, a California regional water quality control board, the Dept. of Toxic
				  Substances Control, or the California Integrated Waste Management Board; and 3)
				  meets the procedural requirements outlined in section
				  21159.1
1. New
				  Appendix J filed 2-2-78; effective thirtieth day thereafter (Register 78, No.
				  5).
2. Relettering of former Appendix J to Appendix I and new
				  Appendix J filed 10-26-98; operative 10-26-98 pursuant to Public Resources Code
				  section
				  21087
				  (Register 98, No. 44).