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75C - PH - THE BOWERY
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Last modified
8/13/2020 5:10:27 PM
Creation date
8/13/2020 4:53:25 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75C
Date
8/18/2020
Destruction Year
2025
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The Bowery Mixed -Use Project <br />CEQA Comment <br />May 11, 2020 <br />Page 3 <br />a 200-bed temporary homeless shelter. The remaining 53,000 square feet of building area is <br />currently vacant. <br />11. LEGAL STANDARDS <br />CEQA requires that an agency analyze the potential environmental impacts of its <br />proposed actions in an EIR (except in certain limited circumstances). (See, e.g., Pub. Resources <br />Code, § 21100.) The EIR is the very heart of CEQA. (Dunn -Edwards v. BA.4QMD (1992) 9 <br />Cal. App.4th 644, 652.) "The `foremost principle' in interpreting CEQA is that the Legislature <br />intended the act to be read so as to afford the fullest possible protection to the environment <br />within the reasonable scope of the statutory language." (Communities for a Better Environment <br />v_ Cal. Resources Agency (2002) 103 Cal AppAth 98, 109 ("CBE v CR4 ")) <br />CEQA has two primary purposes. First, CEQA is designed to inform decision makers and <br />the public about the potential, significant envirommental effects of a project. (14 Cal Cade Regs_ <br />("CEQA Guidelines") § 15002(a)(1).) `Its purpose is to inform the public and its responsible <br />officials of the environmental consequences of their decisions before they are made. Thus, the <br />EIR `protects not only the environment but also informed self-government "' (Citizens of Goleta <br />Valley v. Board of Supervisors (1990) 52 Cal. 3d 553, 564.) The EIR has been described as "an <br />environmental `alanm bell - whose purpose it is to alert the public and its responsible officials to <br />environmental changes before they have reached ecological points of no return." (Rarkeley Keep <br />Jets Over the Bay v_ Bd of Port Commis_ (2001) 91 Cal App_4th 1344, 1354 (Berkeley.lets"); <br />County oflnyo v. Yorty (1973) 32 Cal.App.3d 795, 810.) <br />Second, CEQA requires public agencies to avoid or reduce environmental damage when <br />"feasible" by requiring "environmentally superior" alternatives and all feasible mitigation <br />measures. (CEQA Guidelines, § 15002(a)(2) and (3); See also Berkeley Jets, 91 Cal.App.4th at <br />1354; Citizens of Goleta Valley, 52 Cal 3d at 564_) The EIR serves to provide agencies and the <br />public with information about the environmental impacts of a proposed project and to "identify <br />ways that environmental damage can be avoided or significantly reduced." (CEQA Guidelines, <br />§15002(ax2).) If the project will have a sign frcant effect on the environment, the agency may <br />approve the project only if it finds that it has "eliminated or substantially lessened all significant <br />effects on the environment where feasible" and that any unavoidable significant effects on the <br />environment are "acceptable due to overriding concerns." (Pub. Resources Code, § 21081; <br />CEQA Guidelines, § 15092(b)(2XA) & (B).) <br />While the courts review an EIR using an "abuse of discretion" standard, "the reviewing <br />court is motto `uncritically rely on every study or analysis presented by a project proponent in <br />support of its position. A `clearly inadequate or unsupported study is entitled to no judicial <br />deference."' (RerkeleyJets, 91 CaLApp.4th at 1355 (emphasis added), quoting, Laurel Heights <br />ImprovementAssn. v. Regents of University ofCal fornia (1999) 47 Cal. 3d 376, 391409, n. 12.) <br />As the court stated in Berkeley Jcts, 91 Cal.App.4th at 1355: <br />A prejudicial abuse of discretion occurs "if the failure to include relevant <br />information procludes informed decisionmaking and informed public <br />75C-19 <br />
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