About Focused EIRs

Prior to the enactment of AB 1888, the term "Focused EIR" was neither defined in CEQA nor in the CEQA Guidelines. Nonetheless, it has been commonly used to describe subsequent EIRs, or EIRs prepared subsequent to a program EIR where analysis was narrowed to those effects resulting from the subsequent project. Now, Section 21158 explicitly defines a Focused EIR as "an environmental impact report on a subsequent project identified in a master environmental impact report." Although program EIRs and other procedures for focusing EIRs (and environmental analysis) continue in full force, their product may no longer properly be termed a "Focused EIR."

Finding

A Focused EIR is used when, after preparation of an initial study for a subsequent project under the Master EIR, the Lead Agency specifically finds that the Master EIR's analyses of cumulative impacts, growth inducing impacts, and irreversible significant effects are adequate for the subsequent project. The finding and supporting evidence should be included in the Focused EIR (see Appendix 1). Absent this finding, a standard EIR would be required.

Limit on Analysis

A Focused EIR must incorporate by reference the Master EIR. Pursuant to CEQA Guidelines Section 15178(c), the analysis contained in a Focused EIR is limited to the following:

1. The subsequent project's "additional significant environmental effects" (i.e., those project-specific effects on the environment which were not addressed as significant in the Master EIR).
   
2. Any new or additional mitigation measures or alternatives that were not identified and analyzed by the Master EIR.
   
3. Any significant effects on the environment where substantial new or additional information shows that the adverse environmental effect may be more significant than was described in the Master EIR. The substantial new or additional information shows that mitigation measures or alternatives identified in the Master EIR, which were previously determined to be infeasible, are feasible and will avoid or reduce the significant effects on the environment of the subsequent project to a level of insignificance.

A Focused EIR need not examine those significant environmental effects which the lead agency, prior to releasing the draft Focused EIR for review, finds, on the basis of the initial study, related documents, and commitments from the project proponent, were either:

1. Examined at a sufficient level of detail in the Master EIR to enable those significant effects to be mitigated or avoided by specific revisions to the project, the imposition of conditions of approval, or by other means in connection with the approval of the subsequent project.
   
2. Mitigated or avoided as a result of mitigation measures identified in the Master EIR which the lead agency will require as part of the approval of the subsequent project. Mitigation or avoidance is the responsibility of and within the jurisdiction of another public agency and is, or can and should be, undertaken by that agency.

The draft Focused EIR must include these relevant findings of exception when it is released for review.

Note that effects for which MEIR findings were previously made pursuant to CEQA Guidelines Section 15091(a)(3) are not included in the above exception. Findings under paragraph (3) relate to those significant effects identified in the Master EIR for which mitigation measures or alternatives were found to be infeasible due to specific economic, social, or other considerations. The conspicuous absence of any reference to paragraph (3) seems to indicate that these significant unavoidable effects must be addressed in the Focused EIR. OPR recommends that unmitigated effects be examined in the context of the limitations on analysis described above.

Focused EIRs for Specified Projects

Section 21158.5 and CEQA Guidelines Section 15179.5 authorizes a streamlined review process for selected projects through use of Focused EIRs. Where a project consists of a multi-family residential development of not more than 100 dwelling units, or a residential and commercial or retail mixed-use development of not more than 100,000 square feet in area which complies with all the following, a Focused EIR shall be prepared, notwithstanding that the project was not identified in a Master EIR. In order to qualify to use this provision, a Lead Agency must make the following findings regarding the project:

1. The project is consistent with a general plan, specific plan, community plan, or zoning ordinance for which an EIR was prepared within five years of the certification of the Focused EIR."
   
2. The project is not within the scope of the Master EIR, a Negative Declaration or mitigated Negative Declaration cannot be prepared, and neither Guidelines Sections 15162 nor 15163 require a subsequent EIR.
   
3. The parcel on which the project is to be developed meets one or more of the following conditions:

A. It is surrounded by immediately contiguous urban development.

B. It has been previously developed with urban uses.

C. It is within one-half mile of an existing rail transit station.

The scope of a Focused EIR prepared under Section 21158.5 is limited to the following:

1. A discussion of potentially significant environmental effects specific to the project.
2. A discussion of significant effects which substantial new information shows will be more significant than described in the previous EIR.

Although the above bears passing resemblance to the seldom-used process for streamlining review of later projects under a general plan, specific plan, or zoning EIR pursuant to Section 21083.3, the two operate independently. Section 21083.3 provides that the application of CEQA to any project that is consistent with zoning, a community plan, or general plan for which an EIR was certified is limited to "those effects on the environment which are peculiar to the parcel or to the project and which were not addressed as significant effects in the prior environmental impact report, or which substantial new information shows will be more significant than described in the prior environmental impact report." Application of Section 21158.5 and Guidelines Section 15179.5 are qualified as noted above.