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75B - 6 EAST MACARTHUR PLACE
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75B - 6 EAST MACARTHUR PLACE
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1/3/2012 4:20:23 PM
Creation date
5/13/2009 1:55:27 PM
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City Clerk
Doc Type
Agenda Packet
Item #
75B
Date
5/18/2009
Destruction Year
2014
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(D) Mitigation measures or alternatives which are considerably different <br />from those analyzed in the previous EIR would substantially reduce <br />one or more significant effects on the environment, but the project <br />proponents decline to adopt the mitigation measure or alternative. <br />(b) If changes to a project or its circumstances occur or new information becomes <br />available after adoption of a negative declaration, the lead agency shall prepare a <br />subsequent EIR if required under subsection (a). Otherwise, the lead agency shall <br />determine whether to prepare a subsequent negative declaration, an addendum, or no <br />further documentation. <br />(c) Once a project has been approved, the lead agency's role in project approval is <br />completed, unless further discretionary approval on that project is required. <br />Information appearing after an approval does not require reopening that approval. If <br />after the project is approved, any of the conditions described in subsection (a) <br />occurs, a subsequent EIR or negative declaration shall only be prepared by the <br />public agency which grants the next discretionary approval for the project, if any. In <br />this situation no other Responsible Agency shall grant an approval for the project <br />until the subsequent EIR has been certified or subsequent negative declaration <br />adopted. <br />(d) A subsequent EIR or subsequent negative declaration shall be given the same notice <br />and public review as required under Section 15087 or Section 15072. A subsequent <br />EIR or negative declaration shall state where the previous document is available and <br />can be reviewed. <br />The key to §21166 and §15162 is to determine if any circumstances have changed enough to justify <br />repeating a substantial portion of the environmental documentation process. If conditions do not <br />justify a new or supplemental EIR, but minor additional or technical changes (such as traffic updates, <br />additional mitigation measures, or project improvements) are appropriate to keep the document <br />current and useful, an agency may prepare an Addendum (CEQA Guidelines § 15164). This <br />Addendum will document the character of any changes or additions to support the determination to <br />prepare an Addendum. It will also provide an opportunity to evaluate all components of § 15162 to <br />determine if the EIR still reflects the full scope of the environmental impact. Where appropriate, <br />citations to the EIR will be made, and assumptions made in the EIR will be evaluated for continuing <br />validity. <br />As described in this Addendum, there are no new significant impacts or any increase in the severity <br />of the impacts previously identified in the EIR. There are no substantial changes proposed in the <br />project which require major revisions of the previous EIR. Therefore, in accordance with CEQA <br />§ 15164, this Addendum to the previously certified MacArthur Place South EIR is the appropriate <br />environmental document for the action proposed herein. <br />The §21166 test is the prevailing authority under state law on the question of whether a new <br />environmental document is necessary. This test is a substantive one to determine the document's <br />continuing accuracy and utility. No substantial changes are proposed in the project, no substantial <br />changes in the circumstances for implementation of the project and no new information that was not <br />known at the time the EIR was certified has become available. Therefore, the EIR, as certified, <br />remains adequate and complete. <br />MacArthur Place South D ~~~~ <br />EIR Addendum 3 <br />75B-49 <br />
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