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Item 22 - Resolution Adopting Local CEQA Guidelines Resolution
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Item 22 - Resolution Adopting Local CEQA Guidelines Resolution
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3/5/2024 4:21:46 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
22
Date
8/1/2023
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Local Guidelines for Implementing the <br />California Environmental Quality Act (2023) ENVIRONMENTAL IMPACT REPORT <br /> <br /> <br />2023 City of Santa Ana Local Guidelines 7-30 ©Best Best & Krieger LLP <br />The Final EIR shall meet all requirements of Local Guidelines Section 7.18 and shall <br />consist of the Draft EIR or a revision of the Draft, a section containing either verbatim or in <br />summary the comments and recommendations received through the review and consultation <br />process, a list of persons, organizations and public agencies commenting on the Draft, and a section <br />containing the responses of the City to the significant environmental points raised in the review <br />and consultation process. <br />(Reference: State CEQA Guidelines, §§ 15089, 15132.) <br />7.32 RECIRCULATION WHEN NEW INFORMATION IS ADDED TO EIR. <br />When significant new information is added to the EIR after notice and consultation but <br />before certification, the Lead Agency must recirculate the Draft EIR for another public review <br />period. The term “information” can include changes in the project or environmental setting as <br />well as additional data or other information. <br />New information is significant only when the EIR is changed in a way that would deprive <br />the public of a meaningful opportunity to comment upon a substantial adverse environmental effect <br />of a project or a feasible way to mitigate or avoid such an effect, including a feasible project <br />alternative, that the project proponents decline to implement. Recirculation is required, for <br />example, when: <br />(1) New information added to an EIR discloses: <br />(a) A new significant environmental impact resulting from the project or from <br />a new mitigation measure proposed to be implemented; or <br />(b) A significant increase in the severity of an environmental impact (unless <br />mitigation measures are also adopted that reduce the impact to a level of <br />insignificance); or <br />(c) A feasible project alternative or mitigation measure that clearly would <br />lessen the significant environmental impacts of the project, but which the <br />project proponents decline to adopt; or <br />(2) The Draft EIR is so fundamentally and basically inadequate and conclusory in <br />nature that meaningful public review and comment were precluded. <br />Recirculation is not required when the new information added to the EIR merely clarifies <br />or amplifies or makes insignificant modifications in an adequate EIR. If the revision is limited to <br />a few chapters or portions of the EIR, the City as Lead Agency need only recirculate the chapters <br />or portions that have been modified. A decision to not recirculate an EIR must be supported by <br />substantial evidence in the record. <br />When the City determines to recirculate a Draft EIR, it shall give Notice of Recirculation <br />(Form “M”) to every agency, person, or organization that commented on the prior Draft EIR. The <br />Notice of Recirculation must indicate whether new comments must be submitted and whether the <br />City has exercised its discretion to require reviewers to limit their comments to the revised chapters <br />or portions of the recirculated EIR. The City shall also consult again with those persons contacted <br />pursuant to Local Guidelines Section 7.25 before certifying the EIR. When the EIR is substantially
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