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HomeMy WebLinkAboutAddendumsubsequent or supplemental EIR under very narrow circumstances. Section 15162 of the CEQA Guidelines states: a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless that lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: A) The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; C) Mitigation measures or alternatives previously found not to be infeasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project. proponents decline to adopt the mitigation measure or alternatives; or 0) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative." Further, Section 15163 allows for the preparation of a supplement to an EIR in the following circumstances: a) The Lead or Responsible Agency may choose to prepare a supplement to an EIR rather than a subsequent EIR if; 915441.1 August 3D, 2006 2 1) Any of the conditions described in Section 15162 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." CEQA Findings i I The City prepared an Initial Study to determine whether the extension of the Development Agreement or construction of the final Phase of the Specific Plan triggered any of the conditions (described above) which require the preparation of a subsequent or supplemental EIR. The City hereby incorporates the Initial Study as part of this Addendum. The Initial Study evaluated the impacts of the proposed extension of the Development Agreement on Land Use and Planning, Public Services, Utilities and Service Systems, Population and Housing, Transportation/Circulation, Water, Biological Resources, Energy and Mineral Resources, Cultural Resources, Recreation, Aesthetics, GeophysiCal, Hazards, Noise, Air Quality and Mandatory Findings of Significance. The Initial Study compared the environmental impacts of the proposed extension of the Development Agreement with the identified environmental impacts of the approved Development Agreement evaluated in the previously certified Temecula Regional Center EIR. The analysis in the Initial Study indicates that no new significant effects will be caused by proposed extension to the Development Agreement and subsequent construction of the final phase of the Specific Plan. Nor will the proposed extension to the Development Agreement increase the severity of any previously identified significant impact. The impacts will remain the same as analyzed in the Temecula Regional Center EIR. The Initial Study also analyzed whether new circumstances would result in new significant effects or increase the severity of previously identified effects. The Initial Study found that no new circumstances exist that introduce new significant effects or increase the severity of previously identified significant effects. Further, the Initial Study analyzed whether new information exists that indicates that the project would introducenew significant effects or increase the severity of previously identified significant effects, or whether any new information suggests new mitigation measures or shows that the mitigation measures previously identified as infeasible are in fact feasible. The Initial Study found no new information that suggested new significant effect or increased the severity of previously identified effects. Nor did any new information suggest new mitigation measures or suggest that mitigation meaSures previously identified as infeasible were in fact feasible. Because the Initial Study finds no new significant effects, no increase in the severity of previously identified effects, no new mitigation measures and no change in the mitigation measures previously discussed, the City finds that a supplemental or subsequent EIR need not be prepared, and that the City may rely on this Addendum to approve the proposed extension to the Development Agreement. 91544U August 30,2006 3