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4th and Mortimer CEQA Addendum October 12, 2020 Page 5 of 15 environmental review and the agency must prepare a new tiered EIR, notwithstanding the existence of contrary evidence." (Sierra Club, 6 Cal.App.4th at 1319.) DISCUSSION A. CEQA REQUIRES THE CITY TO PREPARE A TIERED EIR FOR THE PROJECT INSTEAD OF AN ADDENDUM The City has incorrectly applied the CEQA criteria for preparing an addendum when, instead, the City should have applied CEQA's tiering provisions. The City relies on CEQA Guidelines section 15164, which applies to preparing an addendum to an existing EIR for a project. However, the 2010 EIR was not a project -specific EIR, which the CEQA Guidelines define as an "EIR[which] examines the environmental impacts of a specific development project." (14 CCR § 15161.) Rather, the 2010 EIR was a comprehensive policy and regulatory guidance document for the private use and development of all properties within the TZC area. Tiering is governed by CEQA Guidelines section 15152, not sections 15162 and 15164. The 2010 EIR made clear that the City was relying on CEQA's tiering provisions. li states, "This EIR will be used to tier subsequent environmental analysis for future development included within the Transit Zoning Code boundaries, as allowed by Section 16162 of the CEQA Guidelines." (2010 DEIR 2-4). There is no question that the 2010 TZC EIR was intended as a first tier CEQA document, and that second tier CEQA documents would be required for specific project proposals. The 2010 EIR states that it will "provide a basis for the preparation of subsequent environmental documentation for future development within the Transit Zoning Code area." (2010 DEIR 2-1). Thus the 2010 EIR clearly contemplated that specific projects would be subject to "subsequent environmental documentation." The 2010 EIR states, "the Transit Zoning Code does not constitute a commitment to any specific project ... Thus, the EIR will analyze these future actions at a programmatic level. Each future development proposal undertaken within the Transit Zoning Code must be approved individually by the City, as appropriate, in compliance with CEQA." (2020 DEIR 2-2). Despite these clear assurances that the 2010 EIR was a programmatic EIR and that project - specific environmental review would be required for individual projects, the City is now attempting to avoid the very project -specific review that is promised the public in 2010. The 2010 EIR is a Program EIR, which the CEQA Guidelines define as: An EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) Geographically, (2) As logical parts in the chain of contemplated actions, (3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program, or (4) As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. 75C-24