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CORRESPONDENCE - 75D
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CORRESPONDENCE - 75D
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6/6/2019 12:19:02 PM
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6/4/2019 2:59:49 PM
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City Clerk
Item #
75D
Date
6/4/2019
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MainPlace Transformation Project <br />City Council Agenda Item 75D <br />June 4, 2019 <br />Page 3 <br />Pub. Res. Code § 21082.2; Laurel Heights Improvement Ass'n v. Regents of the University of <br />California (1993) ("Laurel Heights II") 6 Cal. 4th 1112, 1123; No Oil, Inc. v. City of Los Angeles <br />(1974) 13 Cal.3d 68, 75, 82; Quail Botanical Gardens v. City of Encinitas (1994) 29 <br />Cal.AppAth 1597, 1602. <br />The City relies on CEQA Guidelines § 15162 and 15164 to claim that no CEQA review <br />is required. The court of appeal recently stated, "The addendum is the other side of the coin <br />from the supplement to an EIR. This section provides an interpretation with a label and an <br />explanation of the kind of document that does not need additional public review." "It must be <br />remembered that an addendum is prepared where `(2) Only minor technical changes or <br />additions are necessary to make the EIR under consideration adequate under CEQA; and <br />(3) The changes to the EIR made by the addendum do not raise important new issues about <br />the significant effects on the environment.' ([Guideline] 15164, subd. (a).)" Save Our <br />Heritage Org. v. City of San Diego, 28 Cal. App. 5th 656, 664-65 (2018) (emphasis added). <br />Section 15164(a) of the State CEQA Guidelines states that "the lead agency or a <br />responsible agency shall prepare an addendum to a previously certified EIR if some changes or <br />additions are necessary, but none of the conditions described in Section 15162 calling for <br />preparation of a subsequent EIR have occurred." Pursuant to Section 15162(a) of the State <br />CEQA Guidelines, a subsequent EIR or Negative Declaration is only required when: <br />(1) Substantial changes are proposed in the project which will require major revisions of the <br />previous EIR or negative declaration due to the involvement of new significant <br />environmental effects or a substantial increase in the severity of previously identified <br />significant effects; <br />(2) Substantial changes occur with respect to the circumstances under which the project is <br />undertaken which will require major revisions of the previous EIR or Negative <br />Declaration due to the involvement of new significant environmental effects or a <br />substantial increase in the severity of previously identified significant effects; or <br />(3) New information of substantial importance, which was not known and could not have <br />been known with the exercise of reasonable diligence at the time the previous EIR was <br />certified as complete or the negative declaration was adopted, shows any of the <br />following: <br />(A) The project will have one or more significant effects not discussed in the previous <br />EIR or negative declaration; <br />(B) Significant effects previously examined will be substantially more severe than shown <br />in the previous EIR; <br />(C) Mitigation measures or alternatives previously found not to be feasible would, in fact, <br />be feasible and would substantially reduce one or more significant effects of the <br />project, but the project proponents decline to adopt the mitigation measure or <br />alternative; or <br />(D) Mitigation measures or alternatives which are considerably different from those <br />analyzed in the previous EIR would substantially reduce one or more significant <br />
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