(3)AR 121509 Environmental Addendum

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II. Purpose of Addendum CEQA authorizes a lead or responsible agency to prepare an Addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in CEQA Guidelines § 15162 requiring the preparation of a Subsequent EIR or CEQA Guidelines § 15163 requiring the preparation of a supplement to an EIR have occurred. A subsequent EIR is not required unless (i) substantial changes are proposed in the project that will require major revisions of the previous EIR, (ii) substantial changes occur with respect to the circumstances under which the project is being undertaken that will require major revisions in the EIR, or (iii) new information of substantial importance to the project, which was not known and could not have been known at the time the EIR was certified as complete becomes available that shows (a) one or more significant effects not discussed in the EIR, (b) significant effects previously examined that will be substantially more severe, (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce significant effects, but the project proponents decline to adopt the mitigation measures or alternatives, or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce significant effects, but the project proponents decline to adopt the mitigation measures or alternatives. Pub. Res. Code § 21166; CEQA Guidelines § 15162. The lead or responsible agency may choose to prepare a supplement to an EIR rather than a Subsequent EIR if: (1) any of the conditions described in Section 15162 (Subsequent EIRs) would require the preparation of a Subsequent EIR, and (2) only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. Pub. Res. Code § 21166; CEQA Guidelines § 15163. Given that none of the conditions requiring preparation of a Subsequent EIR or a supplement to an EIR are present and only minor changes to the previous EIR are necessary, an Addendum to the EIR is proper. CEQA Guidelines § 15164. CEQA requires that the decision making body consider the Addendum with the final EIR prior to making a decision on the project. A brief explanation of the decision not to prepare a Subsequent EIR pursuant to Section 15162 should be included in an Addendum or elsewhere in the record and must be supported by substantial evidence. CEQA Guidelines § 15164. In accordance with CEQA Guidelines Section 15164, the City, as the lead agency, has prepared this Addendum to the previously certified EIR. As further described below, the City has determined that the clarifications provided herein will result in none of the conditions described in CEQA Guidelines Section 15162 or Section 15163 requiring the preparation of a Subsequent EIR or a Supplement to an EIR. 2 The CEQA Guidelines consist of sections 15000-15387 of Title 14, Chapter 3 of the California Code of Regulations. wc-141612