(a) The lead agency may employ a single EIR to describe more than one project, if such projects are essentially the same in terms of environmental impact. Further, the lead agency may use an earlier EIR prepared in connection with an earlier project to apply to a later project, if the circumstances of the projects are essentially the same.
(b) When a lead agency proposes to use an EIR from an earlier project as the EIR for a separate, later project, the lead agency shall use the following procedures:
(1) The lead agency shall review the proposed project with an initial study, using incorporation by reference if necessary, to determine whether the EIR would adequately describe:
(A) The general environmental setting of the project,
(B) The significant environmental impacts of the project, and
(C) Alternatives and mitigation measures related to each significant effect.
(2) If the lead agency believes that the EIR would meet the requirements of subdivision (1), it shall provide public review as provided in Section 15087 stating that it plans to use the previously prepared EIR as the draft EIR for this project. The notice shall include as a minimum:
(A) An identification of the project with a brief description;
(B) A statement that the agency plans to use a certain EIR prepared for a previous project as the EIR for this project;
(C) A listing of places where copies of the EIR may be examined; and
(D) A statement that the key issues involving the EIR are whether the EIR should be used for this project and whether there are any additional, reasonable alternatives or mitigation measures that should be considered as ways of avoiding or reducing the significant effects of the project.
(3) The lead agency shall prepare responses to comments received during the review period.
(4) Before approving the project, the decisionmaker in the lead agency shall:
(A) Consider the information in the EIR including comments received during the review period and responses to those comments,
(B) Decide either on its own or on a staff recommendation whether the EIR is adequate for the project at hand, and
(C) Make or require certification to be made as described in Section 15090.
(D) Make findings as provided in Sections 15091 and 15093 as necessary.
(5) After making a decision on the project, the lead agency shall file a notice of determination.
(c) An EIR prepared for an earlier project may also be used as part of an initial study to document a finding that a later project will not have a significant effect. In this situation a negative declaration will be prepared.
(d) An EIR prepared for an earlier project shall not be used as the EIR for a later project if any of the conditions described in Section 15162 would require preparation of a subsequent or supplemental EIR.
Credits
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21100, 21151 and 21166, Public Resources Code.
History
1. Change without regulatory effect amending subsection (b)(2) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
This database is current through 4/12/24 Register 2024, No. 15.
