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AgdaPkt 2013-01-28
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AgdaPkt 2013-01-28
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Last modified
2/23/2015 4:29:34 PM
Creation date
1/24/2013 6:45:39 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
1/28/2013
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7.A. - Page 19 <br /> time absent certain circumstances not at issue here (described below). Thus, <br /> preparation of an Addendum is proper. <br /> The EIR and Addendum No. 1 thoroughly analyze environmental impacts for a much a <br /> larger development in and around Pete's Harbor. Addendum No. 2 updates the <br /> environmental analysis in light of the scaled-down, revised proposal and the current <br /> facts and circumstances. (See, e.g., Addendum No. 2, Chapter 2, comparing the <br /> proposals.) <br /> As explained in Addendum No. 2, Public Resources Code section 21166 and CEQA <br /> Guidelines section 15162 and 15164 provide the standards under which a public <br /> agency shall perform additional environmental review. Where an EIR has been certified <br /> for a project, the lead agency (i.e., the City) shall not prepare another EIR unless certain <br /> events occur, e.g., there are substantial changes, new significant information or <br /> circumstances that lead to a new impact or increase in severity to a previously identified <br /> impact. (Pub. Resources Code § 21166; CEQA Guidelines § 15162(a); see also <br /> Addendum No. 2, p. 3-1, which quotes CEQA Guidelines section 15162(a).) <br /> If the conditions described above are not triggered, the lead agency shall prepare an <br /> Addendum to the EIR to analyze changes to the project, the circumstances, and/or new <br /> information. (CEQA Guidelines § 15164.) <br /> Addendum No. 2 includes analysis of changes and of potential new significant impacts <br /> and increases in significantly identified impacts. The analysis reveals that there are no <br /> new impacts or increases in severity to previously identified impacts. Table 1.1 <br /> summarizes the information. (Addendum No. 2, p. 1-7.) In addition, the responses to <br /> Appellant's contentions demonstrate the sufficiency of the environmental review. <br /> Thus, Appellant improperly contends that the City may not rely upon the EIR or <br /> Addendum No. 1. Rather, CEQA provides that a city shall prepare an Addendum to the <br /> prior environmental documents, and shall not prepare a new EIR, because the <br /> standards for preparation of a new EIR were not triggered. <br /> In addition, Appellant makes several contentions regarding the need for further <br /> environmental review, which are discussed below. <br /> B. The Content of Fill Has Been Thorouqhly Analyzed <br /> Appellant's Position: The City should further study the contents of the fill on the site <br /> because it might include hazardous waste. (Appeal, p. 10.) <br /> City's Response: The content of the fill, including the potential presence of hazardous <br /> material, was studied at Chapters 11 and 12 of the EIR. (See, e.g., EIR, pp. 11-5, 12-8.) <br /> Page 19 of 27 <br />
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