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2010 RES R-03-10
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2010 RES R-03-10
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II. Purpose of Addendum <br />CEQA authorizes a lead or responsible agency to prepare an Addendum to a <br />previously certified EIR if some changes or additions are necessary but none of the <br />conditions described in CEQA Guidelines2 § 15162 requiring the preparation of a <br />Subsequent EIR or CEQA Guidelines § 15163 requiring the preparation of a supplement <br />to an EIR have occurred. <br />A subsequent EIR is not required unless (i) substantial changes are proposed in <br />the project that will require major revisions of the previous EIR, (ii) substantial changes <br />occur with respect to the circumstances under which the project is being undertaken that <br />will require major revisions in the EIR, or (iii) new information of substantial importance <br />to the proj ect, which was not known and could not have been known at the time the EIR <br />was certified as complete becomes available that shows (a) one or more significant <br />effects not discussed in the EIR, (b) significant effects previously examined that will be <br />substantially more severe, (c) mitigation measures or alternatives previously found not to <br />be feasible would in fact be feasible and would substantially reduce significant effects, <br />but the proj ect proponents decline to adopt the mitigation measures or alternatives, or <br />(d) mitigation measures or alternatives which are considerably different from those <br />analyzed in the EIR would substantially reduce significant effects, but the project <br />proponents decline to adopt the mitigation measures or alternatives. Pub. Res. Code <br />§ 21166; CEQA Guidelines § 15162. <br />The lead or responsible agency may choose to prepare a supplement to an EIR <br />rather than a Subsequent EIR if: (1) any of the conditions described in Section 15162 <br />(Subsequent EIRs) would require the preparation of a Subsequent EIR, and (2) only <br />minor additions or changes would be necessary to make the previous EIR adequately <br />apply to the project in the changed situation. Pub. Res. Code § 21166; CEQA Guidelines <br />§ 15163. <br />Given that none of the conditions requiring preparation of a Subsequent EIR or a <br />supplement to an EIR are present and only minor changes to the previous EIR are <br />necessary, an Addendum to the EIR is proper. CEQA Guidelines § 15164. <br />CEQA requires that the decision making body consider the Addendum with the <br />final EIR prior to making a decision on the project. A brief explanation of the decision <br />not to prepare a Subsequent EIR pursuant to Section 15162 should be included in an <br />Addendum or elsewhere in the record and must be supported by substantial evidence. <br />CEQA Guidelines § 15164. <br />In accordance with CEQA Guidelines Section 15164, the City, as the lead agency, <br />has prepared this Addendum to the previously certified EIR. As further described below, <br />the City has determined that the clarifications provided herein will result in none of the <br />conditions described in CEQA Guidelines Section 15162 or Section 15163 requiring the <br />preparation of a Subsequent EIR or a Supplement to an EIR. <br />Z The CEQA Guidelines consist of sections 15000-15387 of Title 14, Chapter 3 of the California Code of <br />Regulations. <br />wc-141612 2 <br />
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