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75C - PH - THE BOWERY
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Last modified
8/13/2020 5:10:27 PM
Creation date
8/13/2020 4:53:25 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75C
Date
8/18/2020
Destruction Year
2025
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City of Sams Ana -The Bowery <br />May 11, 2020 <br />Pup 4 of 28 <br />Dr. Rosenfeld has a PhD. in soil chemistry from the University of Washington, M.S. <br />in environmental science from U.C. Berkeley, and B.A. in environmental studies from <br />U.C. Santa Barbara, <br />II. THE PROJECT WOULD BE APPROVED IN VIOLATION OF THE <br />CALIFORNIA ENVI [ION MliNTAL QUALITY ACI' <br />A. Background Concerning the California Environmcutal Quality Act <br />CEQA has two basic purposes. First, CEQA is designed to inform decision makers <br />and the public about the potential, significant environmental effects of a project. (14 <br />California Code of Regulations ("CCR" or "CEQA Guidelines' § 15002(a)(1).) "Its <br />purpose is to inform the public and its responsible officials of the en.vironmcnial <br />consequences of their decisions lvfore they are made. Thus, the EIR `protects not only <br />the environment but also informed self-government' [Citation.]" (04i !lens of Goleta <br />Vally v. Board of Supenwon (1990) 52 Cal. 3d 553, 564.) The EIR has been described as <br />I'm environmental `alarm bell' whose purpose it is to alert the public and its <br />responsible officials to environmental changes before they have reached ecological <br />paints of no return " (Berkelg ]Ceep Jet Qverthe Bay v. Bd afPW Comm'sx (2001) 91 Cal- <br />App. 4th 1344, 1354 (`Berkeley jets'); County oflnyo P. Yen (1973) 32 Cal. App. 3d 795, <br />810.) <br />Second, CEQA directs public agencies to avoid or reduce environmental damage when <br />possible by requiring alternatives or mitigation measures. (CEQA Guidelines <br />g 15002(a)(2) and (3); see also, Berkeley Jet, 91 Cal. App. 4th 1344, 1354; Citaxns of <br />Goleta Valley u. Board ofSupevitors (1990) 52 Cal, 3d 553; Laurel Heights JVrommentAss'n <br />v. Relents of the Umvetsity of California (1988) 47 Cal. 3d 376, 400.) The EIR serves to <br />provide public agencies and the public in general with information about the effect <br />that a proposed project is likely to have on the environment and to `identify ways that <br />environmental damage can be avoided or significantly reduced." (CEQA Guidelines <br />5 15002(a)(2).) If the project has a significant effect on the environment, the agency <br />may approve the project only upon finding that it has "eliminated or substantially <br />lessened all significant effects on the environment where feasible" and that any <br />unavoidable significant effects on the environment are "acceptable due to overriding <br />concerns" specified in CEQA section 21081, (CEQA Guidelines g 15092(b)(2)(A—B).) <br />VvgiAe the courts review an EIR using an "abuse of discretion" standard, "the <br />reviewing court is not to `uncritically rely on every study or analysis presented by a <br />75C-124 <br />
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