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75B - PH - AMEND DEVELOPMENT AGMT 2005-02
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75B - PH - AMEND DEVELOPMENT AGMT 2005-02
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1/3/2012 3:48:50 PM
Creation date
3/31/2011 1:32:02 PM
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City Clerk
Doc Type
Agenda Packet
Item #
75B
Date
4/4/2011
Destruction Year
2016
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requiring a subsequent or supplemental EIR pursuant to CEQA Guidelines §15162. CEQA Guidelines <br />§ 15164 states: <br />a) The lead agency or a responsible agency shall prepare an addendum to a previously <br />certified EIR if some changes or additions are necessary but none of the conditions <br />described in Section 15162 calling for preparation of a subsequent EIR have <br />occurred. <br />Section 21166 of the California Environmental Quality Act (CEQA, Public Resources Code §21000, et seq.) <br />sets the standard to determine whether another EIR should be prepared when an original EIR has been <br />prepared. Section 21166 states: <br />When an environmental impact report has been prepared for a project pursuant to this division, no <br />subsequent or supplemental environmental impact report shall be required by the lead agency or by <br />any responsible agency, unless one or more of the following events occurs: <br />(a) Substantial changes are proposed in the project which will require major revisions of <br />the environmental impact report. <br />(b) Substantial changes occur with respect to the circumstances under which the project <br />is being undertaken which will require major revisions in the environmental impact <br />report. <br />(c) New information, which was not known and could not have been known at the time <br />the environmental impact report was certified as complete, becomes available. <br />Section 21166 is further explained in the CEQA Guidelines at § 15162 as follows: <br />(a) When an EIR has been certified or a negative declaration adopted for a project, no <br />subsequent EIR shall be prepared for that project unless the lead agency determines, <br />on the basis of substantial evidence in the light of the whole record, one or more of <br />the following: <br />(1) Substantial changes are proposed in the project which will require major <br />revisions of the previous EIR or Negative Declaration due to the involvement <br />of new significant environmental effects or a substantial increase in the <br />severity of previously identified significant effects; <br />(2) Substantial changes occur with respect to the circumstances under which the <br />project is undertaken, which will require major revisions of the previous EIR <br />or Negative Declaration due to the involvement of new significant <br />environmental effects or a substantial increase in the severity of previously <br />identified significant effects; or <br />(3) New information of substantial importance which was not known and could <br />not have been known with the exercise of reasonable diligence at the time the <br />previous EIR was certified as complete or the Negative Declaration was <br />adopted, shows any of the following: <br />(A) The project will have one or more significant effects not discussed in <br />the previous FIR or negative declaration; <br />(B) Significant effects previously examined will be substantially more severe than <br />shown in the previous EIR; <br />MacArthur Place South EIR - 2011 Addendum <br />75B-48
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