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Item 30 - 4th and Mortimer Mixed-Use Development Project Located at 409 and 509 East Fourth Street
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Item 30 - 4th and Mortimer Mixed-Use Development Project Located at 409 and 509 East Fourth Street
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11/20/2024 3:06:42 PM
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11/15/2024 9:08:22 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
30
Date
11/19/2024
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Project EIR. Nothing in State CEQA Guidelines section 15152 <br />describing the process for utilizing a Supplemental or Subsequent EIR <br />or negative declaration) prohibits use of an addendum where none of <br />the conditions of Public Resources Code section 21166 or State CEQA <br />Guidelines section 15162 are present. Nothing in State CEQA <br />Guidelines sections 15162 or 15164 prohibit use of an addendum where <br />the original EIR is a Program, and not a Project, EIR. <br />As established in these sections of the Public Resources Code and the <br />State CEQA Guidelines, one of the circumstances described in Public <br />Resources Code section 21166 or State CEQA Guidelines section <br />15162 must be present before either a Subsequent or Supplemental <br />EIR is required. Here, none of those conditions are present. These <br />conditions are: <br />Substantial changes are proposed which will require major <br />revisions of the previous EIR due to the involvement of new <br />significant environmental effects or a substantial increase in <br />the severity of previously identified significant effects; <br />ii, Substantial changes occur with respect to the circumstances <br />under which the project is undertaken which will require major <br />revisions of the previous EIR due to the involvement of new <br />significant effects or a substantial increase in the severity of <br />previously identified significant effects; or <br />iii. New information has come to light showing new impacts, <br />substantially more severe impacts, that mitigation measures <br />or alternatives previously found to be infeasible would actually <br />be feasible, or that mitigation measures or alternatives <br />previously not identified would reduce impacts. <br />This is also consistent with CEQA Guidelines section 15152(f), which <br />the Appellant incorrectly claims prohibits use of addenda when the <br />original EIR is a Program EIR. Section 15152(f) states, "A later EIR <br />shall be required when the initial study or other analysis finds that the <br />later project may cause significant effects on the environment that were <br />not adequately addressed in the prior EIR." For the subject project, the <br />other analysis" (including technical studies and the text of the <br />Addendum) found that no additional significant effects would occur <br />beyond those already addressed in the 2010 EIR. An addendum is <br />therefore the appropriate CEQA document. <br />That the City has complied with the Housing Opportunity Ordinance <br />HOO) requirements. The HOO does not apply to the project because <br />the project does not exceed the residential density permitted in the <br />General Plan. As recently amended, the HOO only applies when a <br />project requires a General Plan Amendment. <br />Resolution No. 2020-093 <br />Page 3 of 7
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