2023-051 - Adopting Local CEQA Guidelines

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Local Guidelines for Implementing the California Environmental Quality Act (2023) TYPES OP EIRS would permit consideration of additional environmental impacts, mitigation measures, or reasonable alternatives to the project. (Reference: State CEQA Guidelines, § 1516T) 8.08 PROGRAM EIR. A Program EIR is an EIR that may be prepared on an integrated series of actions that are related either: (a) Geographically; (b) As logical parts in a chain of contemplated actions; (c) In connection with the issuance of rules, regulations, plans or other general criteria to govern the conduct of a continuing program; or (d) As individual projects carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects that can be mitigated in similar ways. Ali advantage of using a Program EIR is that it can "[a]llow the Lead Agency to consider broad policy alternatives and program wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts." (State CEQA Guidelines section 15168(b)(4).) A Program EIR is distinct from a Project EIR, as a Project EIR is prepared for a specific project and must examine in detail site -specific considerations. Program EIRS are commonly used in conjunction with the process of tiering. Tiering is the coverage of general matters in broader EIRS (such as on general plans or policy statements) with subsequent narrower EIRS. (State CEQA Guidelines section 15385; see also Local Guidelines Sections 8.02 and 11.73.) Tiering is proper "when it helps a public agency to focus upon the issues ripe for decision at each level of environmental review and in order to exclude duplicative analysis of environmental effects examined in previous environmental impact reports." (Pub. Res. Code, § 21093(a).) For example, the California Supreme Court has ruled that "CEQA does not mandate that a first -tier program EIR identify with certainty particular sources of water for second -tier projects that will be further analyzed before implementation during later stages of the program. Rather, identification of specific sources is required only at the second -tier stage when specific projects are considered." (In re Bay -Delta etc. (2008) 43 Cal. 4th I t43.) Subsequent activities in the program must be examined in light of the Program EIR to determine whether additional environmental documents must be prepared. Additional environmental review documents must be prepared if the proposed later project may arguably cause significant adverse effects on the environment. (Reference: State CEQA Guidelines, § 15168.) 8.09 USE OF A PROGRAM EIR WITH SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS. A Program EIR can be used to simplify the task of preparing environmental documents on later activities in the program. The Program EIR can: 2023 City of Santa Ana Local Guidelines 8-5 ®Best Best & Krieger LLP