Laserfiche WebLink
Further, because the Project is consistent with the DTPP for which an EIR was <br />prepared, and there are no significant impacts peculiar to this Project or the subject site, <br />or any other circumstances which require an EIR, no further environmental review <br />is/was required. Accordingly, the City’s environmental review process complies with <br />CEQA, pursuant to sections 15168, 15162, 15163 and 15183 of the CEQA Guidelines. <br /> <br />b. Appellants’ Contentions that the City Must Prepare an EIR Lack Merit. <br /> <br />i. The City is Not Required to Prepare a Tiered EIR. <br /> <br />Appellants’ Contention: The City is required to prepare a “tiered EIR” pursuant to Public <br />Resources Code section 21094 because the DTPP EIR was a “program EIR” and the <br />City must now study significant effects from the subject Project now at issue. (See, e.g., <br />J&S Management Appeal—July 22, 2015 letter, p. 2, and June 10, 2015 letter, pp. 2- <br />11.) <br /> <br />City’s Response: Subdivision (b) of Public Resources Code section 21094 provides: <br />(b) This section applies only to a later project that the lead agency <br />determines is all of the following: <br />(1) Consistent with the program, plan, policy, or ordinance for which <br />an environmental impact report has been prepared and certified. <br />(2) Consistent with applicable local land use plans and zoning of <br />the city, county, or city and county in which the later project would <br />be located. <br />(3) Not subject to Section 21166. <br /> <br />By citing Public Resources Code section 21094, Appellants are conceding that the <br />Project is consistent with the DTPP, for which the EIR was certified in 2011 (the first and <br />second factors of subdivision (b)). In other words, Appellants cannot simultaneously <br />assert a tiered EIR is now required under section 21094 and that the Project conflicts <br />with the DTPP. Thus, by invoking section 21094, Appellants have contradicted their <br />arguments that the Project is inconsistent with the DTPP. <br /> <br />In any event, Public Resources Code section 21094 is inapplicable because, pursuant <br />to subdivision (b)(3) thereof, the Project is subject to Public Resources Code section <br />21166 and its implementing CEQA Guidelines sections. Pursuant to that analysis, <br />another EIR is not required. <br /> <br />7.A. - Page 21