2013-050 - Addendum to the Final Environment Imapct Report No. 2006-01

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Proposed Project, the City of Santa Ana (City) is the lead agency and prepared and adopted the Final EIR for the Project on March 19, 2007. As the Proposed Project is a reduced development compared to the Project (96,687 square feet of residential and 6,476 square feet of retail less), the City must review the Proposed Project and the approved Project in accordance with Sections 15162 and 15164 of the CEQA Guidelines. CEQA Guidelines §15162 (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the Previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR or negative declaration was certified as complete or the negative declaration was adopted shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous RIR; (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, 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 EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternatives (Pub. Res. Code §21166; CEQA Guidelines §15162. Given that none of the conditions requiring preparation of a Subsequent EIR (CEQA Guidelines §15162) are present and only special study upgrades to the previous EIR are necessary to reflect the development proposed for the site, an [Addendum to the previously adopted Final Environmental Impact Report is proper and complies with CEQA Guidelines §15164. CEQA Guidelines 515164(x) states, "The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred." In the case of the proposed project, none of the conditions in Section 15162 calling for the preparation of a subsequent EIR have occurred. Therefore, the City exercises the right to prepare all Addendum in this case and not a subsequent EIR. 1901 East First Street — Addendum Page 3 August 14, 2013