AgdaPkt 2015-09-28 Joint SA PFA - Laserfiche WebLink

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Specifically, Public Resources Code section 21166 governs the preparation of supplemental or subsequent EIRs for a project. CEQA Guidelines section 15162 implements Public Resources Code section 21166.1 As discussed above and in the attached CEQA Background and Analysis Memorandum, the factors that would trigger additional environmental review (e.g., a subsequent or supplemental EIR) under CEQA Guidelines section 15162 (and hence Public Resources Code section 21166) have not been triggered. Further, under CEQA Guidelines section 15183, the Project does not require an EIR, including because it is consistent with the DTPP, for which an EIR was prepared, and there are no new, peculiar impacts specific to this Project. Thus, the foregoing CEQA provisions apply, not Public Resources Code section 21094. ii. CEQA Analysis for New or Expanded Police and/or Fire Facilities Is Not Required. Appellants’ Contention: The City is required to prepare an EIR to analyze significant impacts due to the need to construct emergency service facilities (police and fire facilities), which analysis the DTPP EIR deferred for future study because it was too speculative at the time. Substantial evidence does not support the City’s contention that there will not be significant impacts due to the need for such facilities. Rather, substantial evidence shows that there will be such needs. (J&S Management Appeal— July 22, 2015 letter, pp. 1-2, and June 10, 2015 letter, pp. 7-11) Appellants also state that emergency response times will be impacted. City’s Response: Staff acknowledges that the DTPP EIR stated that whether the DTPP would cause such significant impacts (i.e., the construction of new emergency services facilities for the police and fire departments) was speculative and would be considered as particular development projects were proposed. Now that such a project is presented to the City for consideration, it has conducted such analysis. The Initial Study explains that there will be no such significant impact, including because (a) the Police Department and Fire Department each considered whether the Project might require new facilities and determined it did not (as each department committed in writing) and (b) the Police Department’s headquarters is only 2/3rds of a mile from the Project site and Fire Department facilities are merely a block away. Further, the EIR’s 1 As the California Resources Agency stated in its annotation to section 15162: “This Section provides interpretation of the three situations in which the statute requires preparation of a subsequent EIR. These interpretations are necessary to add certainty to the process.” (The California Resources Agency is the state agency responsible for drafting the CEQA Guidelines.) 7.A. - Page 22