75C - PH MORTIMER MIXED USE - Laserfiche WebLink

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Appeal Application No. 2020-02, ER No. 2018-13 & AA No. 2020-04 — 4th and Mortimer Mixed -Use Development December 1, 2020 Page 6 cannot apply, and the City must prepare a Supplemental or Subsequent EIR. The appellant further states that there is substantial evidence that the proposed project will have new environmental impacts that were not analyzed in the 2010 EIR. Moreover, the appellant states that: (1) There is significant evidence that the project will result in significant indoor air quality impacts; (2) The project will have significant impacts due to inconsistencies with the planning and zoning codes; (3) The project will have significant impacts to historic resources; (4) The project fails to implement mitigation measures required by the 2010 EIR; and (5) The project will have significant adverse air quality and greenhouse gas impacts. Staff Response: CEQA does permit the use of an addendum when the original EIR being relied upon was a Program EIR. Public Resources Code Section 21166 and CEQA Guidelines Section 15162 establish when an agency must prepare a Supplemental or Subsequent EIR, and when an agency is permitted instead to prepare an addendum. As established, one of the circumstances described in Public Resources Code Section 21166 or CEQA Guidelines Section 15162 must be present before either a Subsequent or Supplemental EIR is required. For the 4th and Mortimer Mixed -use project, none of those conditions are present. These conditions are: 1. Substantial changes are proposed which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects; or 3. New information has come to light showing new impacts, substantially more severe impacts, that mitigation measures or alternatives previously found to be infeasible would actually be feasible, or that mitigation measures or alternatives previously not identified would reduce impacts. This is also consistent with CEQA Guidelines section 15152(f), which the appellant incorrectly claims prohibits use of addenda when the original EIR is a Program EIR. Section 15152(f) states, "A later EIR shall be required when the initial study or other analysis finds that the later project may cause significant effects on the environment that were not adequately addressed in the prior EIR." For the subject project, the "other analysis," includes the technical studies relating to shade and shadow, air quality and greenhouse gas emissions, cultural resources, traffic, parking, noise and vibration, Phase I environmental site assessment, hydrology, a preliminary water quality management plan, and sewer capacity. In addition, the analysis includes the text of the addendum, which found that no additional significant effects would occur 75C-6