Adoption of a specific plan is a project subject to the California Environmental Quality Act (CEQA). As such, the specific plan normally requires the preparation and consideration of an environmental impact report (EIR) disclosing the potential significant environmental effects of the plan, plan alternatives, and the means by which possible environmental damage may be reduced or avoided. Revisions to an existing specific plan may also require CEQA analysis through a subsequent, supplemental, or tiered EIR, or a negative declaration. The information in the EIR provides decision makers with the insight necessary to guide policy development, thereby ensuring the plan’s policies will address and provide the means by which to avoid potential impacts to the environment. This section discusses the relationship between the specific plan and its EIR. The EIR process and requirements are discussed in detail in the State CEQA Guidelines.
Plan/EIR Analysis:
To the extent feasible, the process of preparing the specific plan and the environmental analysis should proceed concurrently because both documents require many of the same studies and resulting information. As the name implies, a specific plan EIR should contain analyses specific enough to reflect the level of detail in the plan (CEQA Guidelines §15146). However, as shown in the decision of Stanislaus Natural Heritage Project, Sierra Club v. County of Stanislaus (1996) 48 Cal.App.4th 182, analysis of significant effects may not be deferred to later developments under the specific plan, nor to later tiered EIRs. The Stanislaus court found that a specific plan EIR failed to discuss the impact of providing a long-term water supply for the project, and thus the county could not make an informed decision regarding the environmental consequences of the project. The court concluded that the county could not defer the analysis of crucial impacts to later environmental documents that would be prepared as the specific plan was implemented.
CEQA Alternatives:
CEQA and the State CEQA Guidelines include provisions for streamlined approaches to environmental review commonly referred to as "tiering" (CEQA Guidelines §15152). Tiering is commonly used to simplify the environmental review required for projects which follow specific plans and general plans. The result is a limited review of those project-specific effects which either were not examined or not fully examined in the specific plan EIR.
Program EIR:
A program EIR may be prepared for a series of related actions that are characterized as one large project or program (CEQA Guidelines §15168). Activities which relate to and follow the specific plan must be examined in light of the program EIR to determine if additional limited environmental analysis is warranted. Later activities which have been adequately analyzed under the program EIR will not require additional environmental documentation. If an activity may result in additional effects, or new mitigation measures are needed, a subsequent or supplemental EIR, or negative declaration must be prepared (CEQA Guidelines §15162 and 15163).
Master EIR:
A Master EIR functions similarly to a program EIR for a multi-phased project such as a specific plan. A Master EIR forms the basis for analyzing the effects of subsequent projects (CEQA Guidelines §15175, et. seq.). Later projects which are consistent with the specific plan and which fall "within the scope" of the plan’s Master EIR require no further negative declaration or EIR. A master EIR may be re-certified for a subsequent project which is related to and substantially consistent with the specific plan (CEQA Guidelines §15178). Other projects which differ materially or result in potential impacts not previously analyzed, may be covered by a "focused EIR" that details the new project-specific impacts while incorporating the previous analysis of cumulative and growth inducing impacts by reference (CEQA Guidelines §15179.5).
Tiering:
When tiering is used, the later EIRs or negative declarations must refer to the prior EIR and state where a copy of the prior EIR may be examined. The later EIR or negative declaration should state that the lead agency is using the tiering concept and that the EIR or negative declaration is being tiered from the earlier specific plan EIR (CEQA Guidelines §15152(e)).
Exemption of Subsequent Projects:
Section 65457 provides that once the EIR has been certified and the specific plan adopted, any residential development project, including any subdivision or zone change, that is undertaken to implement and is consistent with the specific plan is exempt from additional CEQA review. This exemption does not apply if after the adoption of the specific plan, any of the events which would trigger preparation of a subsequent or supplemental EIR occur, including substantial changes in the project or circumstances under which the project is being undertaken requiring major revisions in the project, or new information becomes available which was not known at the time the EIR was certified. However, if a supplemental EIR is prepared covering the changes, new circumstances, or new information and is certified, the exemption will apply to the projects which then follow the specific plan.
Another exemption is described under Public Resources Code §21080.7. In urbanized areas, no additional EIR or negative declaration is required for "any project involving the construction of housing or neighborhood commercial facilities" when: (1) the project is consistent with a specific plan that has a certified EIR and that has been adopted not more than five years prior to making the required findings under this section; (2) the EIR is sufficiently detailed to identify the project’s significant effects and corresponding mitigation measures; (3) the lead agency has determined the type of environmental document needed in accordance with Public Resources Code §21080.1 and has given notice of such fact in accordance with subdivision (b) or (c) of §21092 of that code; (4) the lead agency makes one or more of the findings required by Public Resources Code §21081 and §15091 of the CEQA Guidelines; and, (5) the lead agency files a notice of decision with the county clerk for posting.
These examples of tiering and exemptions underscore the advantages of preparing an EIR which analyzes the specific plan in enough detail to streamline the environmental review of subsequent projects. This is particularly important when a specific plan covers an extensive area or is the prelude to several development projects. Local agencies should include policies in the specific plan for the application of tiering and particularly exemptions of subsequent projects.