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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 21 <br /> because the smaller buildings do not negatively affect vistas or views. (Addendum No. <br /> 2, pp. 3-6, 3-7, 3-20, 3-21.)6 In sum, there are no substantial changes, new significant <br /> information or circumstances that lead to a new environmental impact or increased <br /> severity of a previously identified impact. <br /> E. Slip-Loss and Displacement of Live-aboards Has Been Thorouqhly <br /> Analyzed, Beyond that Required by CEQA <br /> Appellant's Position: CEQA review is inadequate because circumstances have changed <br /> since the EIR was certified. Appellant asserts that the EIR "relied upon a silver bullet— <br /> the coincidental approval for a brand new marina at Westpoint Harbor," which does not <br /> presently have capacity to accept residents that could not live-aboard their vessels at <br /> the subject Project. (Appeal, pp. 11-12.) <br /> City's Response: The EIR thoroughly studied potential environmental impacts related to <br /> the termination of live-aboard opportunities at Pete's Harbor (as was proposed in the <br /> prior iteration of the project). (See, EIR, pp. 4-2, 4-23 through 4-26, and 6-14 through 6- <br /> 16.) The EIR explained that there were approximately 90 vessels used for residences at <br /> that time, and that none would be permitted to stay. (EIR, pp. 3-34, 4-2, 4-26) <br /> With respect to land use impacts, a project which physically changes a community (e.g., <br /> by building a highway through an existing neighborhood) may create a significant <br /> impact. Here, the Project is not physically dividing the community. New construction <br /> within the community is planned, keeping the physical community in tact. In addition, a <br /> project which is inconsistent with land use regulations may create a significant impact. <br /> The Project is consistent with the City's land use regulations. Thus, there is no land use <br /> impact. <br /> Appellant also contends a third land use impact criterion is "whether the Project will <br /> "displace substantial numbers of people, necessitating the construction of replacement <br /> housing elsewhere." (Appeal, p. 11.) This is not a land use impact criterion; it is a <br /> population and housing impact criterion and is thus discussed in the population and <br /> housing section below. Moreover, the purpose of CEQA review is to address <br /> environmental impacts. (See, e.g., CEQA Guidelines §§ 15360, 15378, 15382 <br /> (discussing projects, environment and significant effects of projects on the <br /> environment). Appellant's concern about displacement of live-aboards is not an <br /> environmental issue, but is a social, economic and policy issue. <br /> 6 Moreover, Appellant implies that the visual impacts are an issue relative to the property <br /> rights of owners at the Villas at Bair Island. CEQA concerns environmental impacts, not <br /> property rights. (See, e.g., CEQA Guidelines §§ 15360, 15378, 15382 (discussing <br /> projects, environment and significant effects of projects on the environment). <br /> Page 21 of 27 <br />
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