75C - PH MORTIMER MIXED USE - Laserfiche WebLink

Home Browse Search

4th and Mortimer CEQA Addendum October 12, 2020 Page 12 of 15 implemented as a condition of development, and not merely adopted and then neglected or disregarded." Federation of Hillside and Canyon Associations v. City of Los Angeles (2000) 83 Cal.App.4th 1252, 1260-1261. The decision to abandon an adopted mitigation measure is a discretionary decision. An agency fails proceed in a manner required by law when it fails to comply with adopted CEQA mitigation measures. Lincoln Place, 130 Cal.AppAth at 1508, 1510 ("[h]aving placed these conditions ... the city cannot simply ignore them. Mitigating conditions are not mere expressions of hope ... [i]n the present case the city failed to proceed according to law ..."). "[T]his rule is applicable even if one of the smaller parts might require only ministerial, rather than discretionary, approval." Katzeff, 181 Cal.AppAth at 611; Lincoln Place, 130 Cal.AppAth 1491, 1507 n22 ("it cannot be argued CEQA does not apply to the ... demolition on the ground the demolition permits are ministerial acts.") Since the Project may have significant impacts to historic resources, and the City has failed to comply with mitigation measures required by the 2010 EIR, a supplemental EIR is required to analyze this impact. 4. The Project Fails to Implement Mitigation Measures Required by the 2010 EIR. The Project fails to implement several mitigation measures required by the 2010 EIR. As discussed above, the failure to implement mitigation measures set forth in a prior EIR itself requires preparation of a supplemental EIR. In addition to the historic resources mitigation measure, the Addendum fails to implement energy conservation and greenhouse gas mitigation measure 4.2-22, which requires projects to exceed Title 24 energy standards by 20%. (2010 DEIR 1-18). However, the Addendum fails to implement this measure, since the Project will merely comply with Title 24, not exceed Title 24 by 20%. The 2010 EIR included numerous air quality mitigation measures that are not required in the Addendum for the Project. (2010 EIR 1-18, MM 4.2-21, 4.2-22). The failure to implement these mitigation measures requires preparation of a supplemental EIR. 5. The Project Will Have Significant Adverse Air Quality and Greenhouse Gas Impacts. We submit herewith the comments of Dr. Paul Rosenfeld, Ph.D. and Matthew Hagemann, C. Hg, P.G. of the environmental consulting firm SWAPE. They conclude that the Addendum's air quality analysis is riddled with errors due to unsubstantiated input parameters used to estimate Project emissions. (SWAPE 1). Correcting for these errors, SWAPE concludes that the Project will create a cancer risk from airborne pollution of up to 210 per million. (SWAPE 18). This is over twenty times above the South Coast Air 75C-31