SECTIONS 21158-21158.5 - California Statutes

PUBLIC RESOURCES CODE

SECTION 21158-21158.5

21158. (a) A focused environmental impact report is an
environmental impact report on a subsequent project identified in a
master environmental impact report. A focused environmental impact
report may be utilized only if the lead agency finds that the
analysis in the master environmental impact report of cumulative
impacts, growth inducing impacts, and irreversible significant
effects on the environment is adequate for the subsequent project.
The focused environmental impact report shall incorporate, by
reference, the master environmental impact report and analyze only
the subsequent project's additional significant effects on the
environment, as defined in subdivision (d), and any new or additional
mitigation measures or alternatives that were not identified and
analyzed by the master environmental impact report.
(b) The focused environmental impact report need not examine those
effects which the lead agency finds were one of the following:
(1) Mitigated or avoided pursuant to paragraph (1) of subdivision
(a) of Section 21081 as a result of mitigation measures identified in
the master environmental impact report which will be required as
part of the approval of the subsequent project.
(2) Examined at a sufficient level of detail in the master
environmental impact report to enable those significant environmental
effects to be mitigated or avoided by specific revisions to the
project, the imposition of conditions, or by other means in
connection with the approval of the subsequent project.
(3) Subject to a finding pursuant to paragraph (2) of subdivision
(a) of Section 21081.
(c) A focused environmental impact report on any subsequent
project shall analyze any significant effects on the environment
where substantial new or additional information shows that the
adverse environmental impact may be more significant than was
described in the master environmental impact report. The substantial
new or additional information may also show that mitigation measures
or alternatives identified in the master environmental impact report,
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.
(d) For purposes of this chapter, "additional significant effects
on the environment" are those project specific effects on the
environment which were not addressed as significant effects on the
environment in the master environmental impact report.
(e) Nothing in this chapter is intended to limit or abridge the
ability of a lead agency to focus upon the issues that are ripe for
decision at each level of environmental review, or to exclude
duplicative analysis of environmental effects examined in previous
environmental impact reports pursuant to Section 21093.

21158.1. When a lead agency is required to prepare an environmental
impact report pursuant to subdivision (d) of Section 21157.1 or is
authorized to prepare a focused environmental impact report pursuant
to Section 21158, the lead agency may not rely on subdivision (a) of
Section 21080.5 for that purpose even though the lead agency's
regulatory program is otherwise certified in accordance with Section
21080.5.

21158.5. (a) Where a project consists of multiple-family
residential development of not more than 100 units or a residential
and commercial or retail mixed-use development of not more than
100,000 square feet which complies with all of the following, a
focused environmental impact report shall be prepared,
notwithstanding that the project was not identified in a master
environmental impact report:
(1) Is consistent with a general plan, specific plan, community
plan, or zoning ordinance for which an environmental impact report
was prepared within five years of the certification of the focused
environmental impact report.
(2) The lead agency cannot make the finding described in
subdivision (c) of Section 21157.1, a negative declaration or
mitigated negative declaration cannot be prepared pursuant to Section
21080, 21157.5, or 21158, and Section 21166 does not apply.
(3) Meets one or more of the following conditions:
(A) The parcel on which the project is to be developed is
surrounded by immediately contiguous urban development.
(B) The parcel on which the project is to be developed has been
previously developed with urban uses.
(C) The parcel on which the project is to be developed is within
one-half mile of an existing rail transit station.
(b) A focused environmental impact report prepared pursuant to
this section shall be limited to a discussion of potentially
significant effects on the environment specific to the project, or
which substantial new information shows will be more significant than
described in the prior environmental impact report. No discussion
shall be required of alternatives to the project, cumulative impacts
of the project, or the growth inducing impacts of the project.