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(C) Mitigation measures or alternatives previously found not to be <br />feasible would in fact be feasible, and would substantially reduce one <br />or more significant effects of the project, but the project proponents <br />decline to adopt the mitigation measure or alternative; or <br />(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 <br />becomes available after adoption of a negative declaration, the lead agency <br />shall prepare a subsequent EIR if required under subsection (a). Otherwise, <br />the lead agency shall determine whether to prepare a subsequent negative <br />declaration, an addendum, or no further documentation. <br />(c) Once a project has been approved, the lead agency's role in project approval <br />is completed, unless further discretionary approval on that project is <br />required. Information appearing after an approval does not require <br />reopening that approval. If after the project is approved, any of the <br />conditions described in subsection (a) occurs, a subsequent EIR or negative <br />declaration shall only be prepared by the public agency which grants the next <br />discretionary approval for the project, if any. In this situation no other <br />Responsible Agency shall grant an approval for the project until the <br />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 <br />notice and public review as required under Section 15087 or Section 15072. <br />A subsequent EIR or negative declaration shall state where the previous <br />document is available and 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 justify a <br />new or supplemental EIR, but minor additional or technical changes (such as traffic updates, additional <br />mitigation measures, or project improvements) are appropriate to keep the document current and useful, an <br />agency may prepare an Addendum (CEQA Guidelines § 15164). This Addendum will document the character <br />of any changes or additions to support the determination to prepare an Addendum. It will also provide an <br />opportunity to evaluate all components of §15162 to determine if the FEIR still reflects the full scope of the <br />environmental impact. Where appropriate, citations to the FEIR will be made, and assumptions made in the <br />FEIR will be evaluated for continuing validity. <br />The §21166 test is the prevailing authority under state law on the question of whether a new environmental <br />document is necessary. This test is a substantive one to determine the document's continuing accuracy and <br />utility. As described in this Addendum, there are no new significant impacts or any increase in the severity of <br />the impacts previously identified in the FEIR. There are no substantial changes proposed in the project that <br />require major revisions of the certified FEIR. Therefore, in accordance with CEQA § 15164, this Addendum <br />to the previously certified MacArthur Place South FEIR is the appropriate environmental document for the <br />action proposed herein. No substantial changes are proposed in the project, no substantial changes in the <br />circumstances for implementation of the project and no new information that was not known at the time the <br />EIR was certified has become available. Therefore, the FEIR, as certified, remains adequate and complete. <br />MacArthur Place South EIR - 2011 Addendum 3 <br />75B-49