2011-022 - Addendum to the FInal Environmental Impact Report No. 2004-02

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