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75C - PH - THE BOWERY
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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 sane Ana -The Bowery <br />Nlsy 11, 2020 <br />Page 12 of 2s <br />Furthennore, when Mr. Hagemann and Dr. Rosenfeld prepared a simple screening - <br />level HRA, the results demonstrated and provided substantial evidence there may be a <br />Significant environmental impact. (Id at 10-13.) Specifically, "[t]he excess cancer risk <br />posed to adults, children, infants, and during the third trimester of pregnancy at the <br />closest receptor... [is] approximately 68 in one million." (Id. at 13) As Mr. Hagentann <br />and Dr. RosenEld point out, this figure is well north of SCAQMD's threshold one in <br />ten million_ 1lnic DF IR should be amended and include an accurate analysis that <br />analyzes the Pmject's health risks relating to air quality. <br />E. "file Cit.v's Final F.nvironmental Impact Report Does Not Adequately <br />Describe the protect <br />Generally, an adequate EIR must be "prepared with a sufficient degree of analysis to <br />provide dccisionmakers with information which eriables themn to make a decision <br />which inlellilently takes account of environmental consequences." (DtyCreek 01tvtu <br />Coaltion v. County of Tulare (1999) 70 Cal. App. 4th 20, 26) And while a project's <br />description can account for needed flexibility to respond to changing project <br />conditions, the description, in any event, needs to be accurate and specific enough to <br />make a reasonable assessment of its sufficiency. (See Ghi vns fora Sustainable Treasure <br />Island v City & County of San Franasm (2014) 227 Cal, App. 4th 1036, 1053) A project <br />description that omits integral components of the project may result in an EIR that <br />fails to disclose all of the impacts of the project. (San#ap County lFaterDist P. County of <br />Orange (1981) 118 Cal. App. 3d 818, 829 [project description for sand and gravel mine <br />omitted water pipelines serving project].) <br />As part of the CEQA. Guidelines provisions governing the environmental setting, the <br />Guidelines require an EIR to discuss any inconsistencies between the proposed project <br />and applicable general plans, specific plans, and regional plans. (CEQA Guidelines <br />4 15125(d)) An "applicable" plan is a plan that has already been adopted and thus <br />legally applies to a project; draft plans need not be evaluated. (Chaparral Greens v. City of <br />Chmia Vista (1996) 50 Cal.. App. 4th I134, 1145 fn_ 2) Ilut purpose of the required <br />analysis is to identify inconsistencies that the lead agency should address. <br />The Project site has an existing General Plan land use designation of Profcvsional and <br />Administrative Office (PAO), and a zoning designation of Light Industrial <br />Project seeks to change these designations through amendments to District Center <br />(DC) and Specific Development (SD), respectively, to allow for a primarily residential <br />mixed -use development. <br />12 <br />75C-132 <br />
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