§ 15168. Program EIR.
14 CA ADC § 15168Barclays Official California Code of Regulations
14 CCR § 15168
§ 15168. Program EIR.
(2) If the agency finds that pursuant to Section 15162, no subsequent EIR would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required. Whether a later activity is within the scope of a program EIR is a factual question that the lead agency determines based on substantial evidence in the record. Factors that an agency may consider in making that determination include, but are not limited to, consistency of the later activity with the type of allowable land use, overall planned density and building intensity, geographic area analyzed for environmental impacts, and covered infrastructure, as described in the program EIR.
(5) A program EIR will be most helpful in dealing with later activities if it provides a description of planned activities that would implement the program and deals with the effects of the program as specifically and comprehensively as possible. With a good and detailed project description and analysis of the program, many later 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.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21003, Public Resources Code; Citizens for Responsible Equitable Environmental Development v. City of San Diego Redevelopment Agency (2005) 134 Cal. App. 4th 598; Santa Teresa Citizen Action Group v. City of San Jose (2003) 114 Cal. App. 4th 689; and County of Inyo v. Yorty (1973) 32 Cal. App. 3d 795.
1. Change without regulatory effect amending Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
2. Amendment of subsections (c)-(d) and (d)(3) and amendment of Note filed 12-28-2018; operative 12-28-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 52).
This database is current through 11/17/23 Register 2023, No. 46.
Cal. Admin. Code tit. 14, § 15168, 14 CA ADC § 15168
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