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75C - PH MORTIMER MIXED USE
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75C - PH MORTIMER MIXED USE
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Last modified
11/25/2020 12:21:50 PM
Creation date
11/25/2020 12:09:02 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75C
Date
12/1/2020
Destruction Year
2025
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4th and Mortimer CEQA Addendum <br />October 12, 2020 <br />Page 3 of 15 <br />No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68, 75, 82; Quail Botanical Gardens <br />v. City of Encinitas (1994) 29 Cal.AppAth 1597, 1602. <br />A. Addendum Standard. <br />The City relies on CEQA Guidelines § 15162 and 15164 to claim that no CEQA <br />review is required. The court of appeal recently stated, "The addendum is the other side <br />of the coin from the supplement to an EIR. This section provides an interpretation with a <br />label and an explanation of the kind of document that does not need additional public <br />review." "It must be remembered that an addendum is prepared where '(2) Only minor <br />technical changes or additions are necessary to make the EIR under consideration <br />adequate under CEQA; and (3) The changes to the EIR made by the addendum do <br />not raise important new issues about the significant effects on the environment.' <br />([Guideline] 15164, subd. (a).)" Save Our Heritage Org. v. City of San Diego, 28 Cal. <br />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 <br />changes or additions are necessary, but none of the conditions described in Section <br />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 />(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 />(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 />75C-22 <br />
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