Item 30 - 4th and Mortimer Mixed-Use Development Project Located at 409 and 509 East Fourth Street

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