Finding a Subsequent Project to be "Within the Scope" of the Earlier Project and Master EIR

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9_Solana Beach EIR_HiRes

City of Solana Beach

Section 1

Shoreline and Coastal Bluff Management Strategies Draft MEIR

Introduction

approved (1) without any additional environmental review, (2) with a mitigated negative

declaration, (3) with a focused EIR; or (4) with an ordinary EIR.

1.5.1.1

Finding a Subsequent Project to be "Within the Scope" of the Earlier Project

and Master EIR

If, based on an initial study, a lead agency such as the City determines (1) that the proposed

subsequent project will have no "additional significant effect on the environment" that was not

identified already in the MEIR, and (2) that no "new or additional mitigation measures or

alternatives may be required," the lead agency's review is complete. (Pub. Resources Code,

21157.1, subd. (c); CEQA Guidelines, 15177, subd. (b).) The lead agency must then prepare

a written finding, based upon the information contained in the initial study, stating that the

proposed subsequent project is "within the scope of the project covered by the [MEIR]." (Pub.

Resources Code, 21157.1, subd. (c); CEQA Guidelines, 15177, subd. (b)(3).).

Before approving or carrying out the proposed subsequent project, the lead agency both must

provide the same type of public notice required when an EIR or negative declaration is made

available for public review (see Pub. Resources Code, 21092) and must "incorporate all

feasible mitigation measures or feasible alternatives set forth in the [MEIR] which are

appropriate to the project." (Pub. Resources Code, 21157.1, subd. (c); CEQA Guidelines,

15177, subd. (d).) The lead agency must file a notice of determination pursuant to Public

Resources Code section 21152. (Pub. Resources Code, 21157.1, subd. (c); CEQA

Guidelines, 15177, subd. (e).).

1.5.1.2.

Preparing a Mitigated Negative Declaration for a Subsequent Project Identified

in a Master EIR

Whether a "subsequent project" that is not "within the scope" of the larger project addressed by

the MEIR qualifies for either a mitigated negative declaration or a focused EIR (as opposed to

an ordinary EIR) depends on whether the MEIR adequately addresses "cumulative impacts,

growth-inducing impacts and irreversible significant effects" for purposes of the subsequent

project. (CEQA Guidelines, 15178, subds. (a), (b); Pub. Resources Code, 21158, subd.

(a).) If the MEIR addresses these issues adequately, either a mitigated negative declaration or

a focused EIR may suffice. If the MEIR falls short on these issues, the lead agency must

prepare an ordinary EIR.

After having determined that the MEIR adequately addresses the above-referenced "big picture"

issues, the lead agency shall prepare a mitigated negative declaration for a "subsequent

project" not "within the scope" of the larger project and MEIR "if both of the following occur":

"(1)

The initial study . . . has identified potentially new or additional significant

environmental effects that were not analyzed in the Master EIR; and

Project No. 323530000

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