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AgdaPkt 2017-05-22 Joint SA PFA
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AgdaPkt 2017-05-22 Joint SA PFA
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Last modified
5/30/2017 8:17:26 AM
Creation date
5/18/2017 3:43:09 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
5/22/2017
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Page 19 of 27 <br /> <br />The DTPP EIR explained that the analysis of some potential impacts stemming from the <br />DTPP were speculative at that time, and therefore that the City would subsequently <br />consider whether a particular development project might cause a significant impact that <br />would require further environmental review. <br /> <br />i. The City Followed CEQA with Respect to Determining Whether an EIR <br />Is Required for the Project, including Pursuant to (1) CEQA Guidelines <br />Section 15168, (2) CEQA Guidelines Sections 15162 and 15163, <br />(3) CEQA Guidelines Section 15183, (4) CEQA Guidelines Section <br />15183.3, and (5) Public Resources Code Sections 21159.21 and <br />21159.23. <br /> <br />After a city approves an EIR for a comprehensive land use plan like the DTPP, the city <br />shall consider whether further environmental review is required with respect to <br />subsequent discretionary decisions on particular projects that implement the underlying <br />plan. Whether a supplemental EIR or other environmental document must be prepared <br />depends upon the analysis of the subsequent activity in light of the existing EIR. The <br />City performed this analysis, which ultimately shows that further environmental review is <br />not required. Several sets of interrelated provisions of the CEQA Guidelines <br />demonstrate why the Project does not require further environmental review. <br /> <br />First, CEQA Guidelines section 15168(c) provides that if the City has already prepared <br />an EIR for a comprehensive land use plan such as the DTPP, unless the subsequent <br />activities would create new significant impacts or require new mitigation measures, as <br />analyzed under CEQA Guidelines section 15162, the City may find that the Project is <br />within the scope of the EIR. <br /> <br />Second, CEQA Guidelines sections 15162 and 15163 provide that the City shall not <br />prepare another EIR unless the City determines, on the basis of substantial evidence, <br />that certain conditions exist that will lead to a new significant impact or substantial <br />increase in the severity of a previously identified impact, or that a new or previously <br />rejected mitigation measure or alternative would substantially reduce significant effects. <br /> <br />Third, CEQA Guidelines section 15183 provides that if the City has prepared an EIR for <br />a zoning plan (like the DTPP), the City shall not prepare another EIR “except as may be <br />necessary to examine whether there are project-specific significant impacts which are <br />peculiar to the project or its siteO.” <br /> <br />Fourth, CEQA Guidelines section 15183.3 provides that if specified criteria are met, <br />then the scope of further environmental review is limited. Specifically, effects addressed <br />as significant in a prior EIR need not be addressed even if the EIR does not mitigate <br />those impacts to a less than significant level. This is analyzed further in the Initial Study. <br /> <br />Finally, Public Resources Code Sections 21159.21 and 21159.23 provide that if <br />specified criteria are met, then the project may be exempt from CEQA. This is also <br />analyzed further in the Initial Study. <br />8.A. - Page 19
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