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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 swu Ana -The Bowery <br />MAY 11, 2020 <br />Page S of 28 <br />project proponent in support of its position.' A `clearly inadequate or unsupported <br />study is entitled to no judicial deference."' (Berkeley Jets, supra, 91 Cal. App. 4th 1344, <br />1355 [emphasis added, quoting Laurel Heights, 47 Cal. 3d at 391, 409 fn. 121. Drawing <br />this line and determining whether the EIR complies with CEQA's information <br />disclosure requirements presents a question of law subject to independent review by <br />the courts. (Sierra Club v. Cniy. of Fresno (2018) G Cal. 5th 502, 515; Madem Ovenl;ht <br />Coakfion, Im v- County ofMadom (2011) 199 Cal App 4h 49, 102, 131.) As the court, <br />stated in Berkeley]ets, supra, 91 Cal. App. 4th at 1355: <br />A prejudicial abuse of discretion occurs "if the failure to include relevant <br />information precludes informed decision -making and infonuaed public <br />participation, thereby thwarting the statutory goals of the EIR process. <br />"flic preparation and circulation of an EIR is more than a set of technical hurdles for <br />Agencies and developers to overcome. The FIR's function is to ensure that <br />government officials who decide to build or approve a project do so with a full <br />understanding of the eavn:onmental consequences and, equally important, that the <br />public is assured those consequences have been considered. For the EIR to serve these <br />goals it must present information so that the foreseeable impacts of pursuing the <br />project can be understood and weighed, and the public must be given an adequate <br />opportunity to comment on that presentation before the decision to go forward is <br />made. (Gommnaz ties for a Better Fnvmwment v_ RAmond (2010) 184 Cal_ App. 4th 70, 80 <br />[quoting VineyardAna Oti.� w forRe.rponsible Growth, In. P. City ofF{ancho Cordova (2007) <br />40 Cal. 4th 412, 449-450].) <br />B. The EIR Pails to Maintain a Stable and Consistent Pmject Descnptioa <br />"[A]n accurate, stable and finite project description is [lie sine qua non of an <br />mfoamative and legally sufficient" environmental document. (County of Inyo v. City of <br />Los Angeles (1977) 71 Cal. App. 3d 185, 200) "A curtailed or distorted project <br />description may stultify the objectives of the reporting process" as an accurate, stable <br />and finite project description is necessary to allow "affected outsiders and public <br />decision -makers balance the pxoposal's benefit against its environmental cost, consider <br />mitigation measures, assess the advantage of terminating the proposal (i.e., the "no <br />project" alternative) and weigh other alternatives in the balance. (ld. at 192 — 93) <br />Courts detemaue de nova whether an agmncy proceeded "in a manner required by <br />law" in maintaining a. stable and consistent project description. (Id. at 200.) <br />75C-125 <br />
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