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7 - COMBINED PUBLIC COMMENTS
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05-13-19
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7 - COMBINED PUBLIC COMMENTS
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15162 calling for preparation of a subsequent EIR have occurred.” Pursuant to Section <br />15162(a) of the State CEQA Guidelines, a subsequent EIR or Negative Declaration is <br />only required when: <br /> <br />(1) Substantial changes are proposed in the project which will require major revisions <br />of the previous EIR or negative declaration due to the involvement of new <br />significant environmental effects or a substantial increase in the severity of <br />previously identified significant effects; <br />(2) Substantial changes occur with respect to the circumstances under which the <br />project is undertaken which will require major revisions of the previous EIR or <br />Negative Declaration due to the involvement of new significant environmental <br />effects or a substantial increase in the severity of previously identified significant <br />effects; or <br />(3) New information of substantial importance, which was not known and could not <br />have been known with the exercise of reasonable diligence at the time the <br />previous EIR was certified as complete or the negative declaration was adopted, <br />shows any of the following: <br /> <br />(A) The project will have one or more significant effects not discussed in the <br />previous EIR or negative declaration; <br />(B) Significant effects previously examined will be substantially more severe than <br />shown in the previous EIR; <br />(C) Mitigation measures or alternatives previously found not to be feasible would, <br />in fact, be feasible and would substantially reduce one or more significant <br />effects of the project, but the project proponents decline to adopt the mitigation <br />measure or 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 <br />significant effects on the environment, but the project proponents decline to <br />adopt the mitigation measure or alternative. <br /> <br />B. DISCUSSION <br /> <br /> SAFER hereby requests that the City prepare an environmental impact report <br />(“EIR”) to analyze the significant environmental impacts of the Project and to propose all <br />feasible mitigation measures and alternatives to reduce those impacts. The City may not <br />rely on the 1983 EIR for several reasons, including but not limited to the following: <br /> <br />1. The 1983 EIR did not analyze this Project. None of the previous projects <br />proposed for the Project site include any residential units. In contrast, the <br />Project does contain a residential component, including 1,900 housing units. A <br />prior CEQA document may only be used for a later project that is “essentially <br />the same project” as was analyzed in the prior document. Sierra Club v. <br />County of Sonoma (1992) 6 Cal.App.4th 1307, 1320; American Canyon <br />Community v. American Canyon, 145 Cal.App.4th 1062. The 1983 EIR did not <br />analyze a project with a residential component at all. <br /> <br />2. The Project is a substantial change from what was analyzed in the 1983 EIR, <br />requiring more than just technical changes. The addition of 1,9000 residential <br />units where there were not nein the original project constitutes a substantial <br />change. <br />
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