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2. REGULATORY FRAMEWORK <br />2.1 CEQA Guidelines Section 15168 — Program EIR <br />2.1.1 CEQA Guidelines Section 15168 Overview and Requirements <br />CEQA Guidelines Section 15168(a) defines a program EIR as: <br />[A]n EIR which may be prepared on a series of actions that can be characterized <br />as one large project and are related either: <br />(1) Geographically, <br />(2) As logical parts in the chain of contemplated actions, <br />(3) In connection with issuance of rules, regulations, plans, or other general <br />criteria to govern the conduct of a continuing program, or <br />(4) As individual activities carried out under the same authorizing statutory or <br />regulatory authority and having generally similar environmental effects which <br />can be mitigated in similar ways. <br />CEQA Guidelines Section 15168(c) sets forth criteria to use a program EIR for "later activities." <br />Specifically, CEQA Guidelines Section 15168(c) states the following: <br />(c) Use with Later Activities. Later activities in the program must be examined in the light of the <br />program EIR to determine whether an additional environmental document must be prepared. <br />(1) If a later activity would have effects that were not examined in the program EIR, a new <br />Initial Study would need to be prepared leading to either an EIR or a Negative Declaration. <br />That later analysis may tier from the program EIR a provided in Section 15152. <br />(2) If the agency finds that pursuant to Section 15162, no subsequent EIR would be <br />required, the agency can approve the activity as being within the scope of the project <br />covered by the program EIR, and no new environmental document would be required. <br />Whether a later activity is within the scope of a program EIR is a factual question that the <br />lead agency determines based on substantial evidence in the record. Factors that an <br />agency may consider in making that determination include, but are not limited to, <br />consistency of the later activity with the type of allowable land use, overall planned density <br />and building intensity, geographic area analyzed for environmental impacts, and covered <br />infrastructure, as described in the program EIR. <br />(3) An agency shall incorporate feasible mitigation measures and alternatives developed <br />in the program EIR into later activities in the program. <br />Cabrillo Town Center City of Santa Ana <br />Technical Memorandum August 2023 <br />City Council 18 — 478 10/3/2023 <br />