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I. California Environmental Quality Act (CEQA) compliance. <br />Specifically, the Appellant states that the "City failed to comply with <br />the CEQA by failing to prepare a project -specific EIR for the <br />project"; <br />II. The Appellant states that, "The City failed to comply with the <br />Housing Opportunity Ordinance (HOO) by failing to require the <br />developer to include affordable housing units in the project"; and <br />III. The Appellant states that, "The Planning Commission abused its <br />discretion by failing to read or consider comments submitted by <br />SAFER." <br />C. Pursuant to SAMC Section 41-645 (a), appeals can only be made on a <br />decision or requirement made by the Planning Commission. Of the above - <br />mentioned appeal reasons, the only action taken by the Planning Commission <br />was the action to adopt a resolution approving the addendum to the EIR for <br />the TZC. The subsequent appeal items do not satisfy the requirements of <br />SAMC Section 41-645 (a) and should not be considered as part of the appeal: <br />I. No decision or action was taken by the Planning Commission <br />regarding the HOO requirements because the HOO did not apply to <br />the project; and <br />II. Consideration of a public comment letter received does not <br />constitute "a decision or requirement made by the Planning <br />Commission". <br />Nonetheless, a comprehensive response and findings are provided below <br />on all appeal items received, <br />D. On December 1, 2020, the City Council conducted a duly noticed public <br />hearing on Appeal Application No. 2020-02 and found that: <br />The City complied with the California Environmental Quality Act (CEQA) <br />requirements by preparing an addendum to the previously certified 2010 <br />Transit Zoning Code Environmental Impact report (EIR). CEQA does <br />permit the use of an addendum when the original EIR being relied upon <br />was a Program EIR. Public Resources Code Section 21166 and State <br />CEQA Guidelines Section 15162 clearly establish when an agency must <br />prepare a Supplemental or Subsequent EIR, and when an agency is <br />permitted instead to prepare an Addendum. If an agency determines <br />that one of the conditions described in Public Resources Code section <br />21166 or State CEQA Guidelines section 15162 is present, the agency <br />must prepare either a Subsequent EIR or a Supplemental EIR. When <br />none of those conditions are present, but it is necessary to make <br />changes to a previous EIR, the agency may prepare an addendum. This <br />process applies regardless of whether the original EIR is a Program or <br />Resolution No. 2020-093 <br />Page 2 of 7 <br />