Focusing on Master EIRs: Appendix 1

Appendix 1

Findings Requirements

The following table identifies the CEQA findings requirements for actions relating to Master EIRs. Suggested language is included for findings which are peculiar to actions under the Master EIR statute. Readers should feel free to adapt these brief suggestions to their own situations. No language is suggested for common findings requirements such as CEQA Guidelines Section 15091.

As always, findings must be based upon substantial evidence in the record and be sufficient to bridge the gap between the evidence available and the conclusions reached. All statutory references are to the CEQA Guidelines, unless otherwise noted.

Certifying a Master EIR

Section 15091 findings. (In writing these, pay particular attention to paragraphs (1) and (2) of subdivision (a) and how they would apply to subsequent projects. If possible, findings under paragraph (1) of subdivision (a) should identify the mitigation measures to be applied to future projects.)
Section 15093 findings.

Findings When a Subsequent Project is Adequately Addressed in the MEIR

Section 15177 finding: Based upon the initial study, the subsequent project is within the scope of the project covered by the MEIR. Specifically, the proposed project will have no additional significant effect, as defined by subdivision (b) of Section 21158 of the Public Resources Code, on the environment that was not identified in the Master EIR and requires no new or additional mitigation measures or alternatives in order to avoid or mitigate a significant environmental effect.
Section 15093 findings.
No Section 15091 findings are required.

Adopting a Mitigated Negative Declaration for a Subsequent Project

Section 15178(b) findings:

1) The initial study has identified potentially new or additional significant environmental effects that were not analyzed in the Master EIR, but feasible mitigation measures or alternatives will be incorporated to revise the proposed subsequent project before the Negative Declaration is released for public review in order to avoid or mitigate the identified effects to a point where clearly no significant effects would occur.
2) There is no substantial evidence before the agency that the subsequent project, as revised, may have a significant effect on the environment.
3) The analyses of cumulative impacts, growth inducing impacts, and irreversible significant effects on the environment contained in the Master EIR are adequate for this subsequent project.

Certifying a Focused EIR for a Subsequent Project

Section 15178 findings:

1) The subsequent project is identified in the Master EIR, but is not "within the scope" of the MEIR.
2) The analyses of cumulative impacts, growth inducing impacts, and irreversible significant effects on the environment contained in the Master EIR are adequate for this subsequent project.

Section 15178(c) findings to avoid examining specific significant effects previously examined in the Master EIR:

1) The effect is mitigated or avoided pursuant to paragraph (1) of subdivision (a) of Section 15091 (a finding made for the Master EIR) as a result of mitigation measures identified in the Master EIR which will be required as part of approval of the subsequent project.
2) The effect is examined in sufficient 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, or by other means in connection with approval of the subsequent project.
3) The effect is not the responsibility of the Lead Agency, pursuant to paragraph (2) of subdivision (a) of Section 15091 (a finding made for the Master EIR).

Section 15091 findings.
Section 15093 findings.

Certifying an EIR for a Subsequent Project

Section 15091 findings.
Section 15093 findings.

Extending the Time of Adequacy of a Master EIR

Section 15179 findings (one or more must be made):

1) No substantial changes have occurred with respect to the circumstances under which the Master EIR was certified.
2) No new information that was not known and could not have been known at the time the Master EIR was certified has become available.
3) A certified subsequent or supplemental EIR has either been incorporated into the previously certified Master EIR, or references any deletions, additions, or other modifications to the previously certified Master EIR.

Next: Appendix 2 -- Review of Subsequent Projects Under a Master EIR (Brief Outline)

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This document prepared by:

State of California
Governor's Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
916-445-0613