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effects or a substantial increase in the severity of previously <br />identified significant effects; or <br />c. New information of substantial importance, which was not <br />known and could not have been known with the exercise of <br />reasonable diligence at the time the previous EIR was <br />certified as complete or the negative declaration was <br />adopted, shows any of the following: <br />A. The project will have one or more significant effects <br />not discussed in the previous EIR or negative <br />declaration; <br />B. Significant effects previously examined will be <br />substantially more severe than shown in the previous <br />EIR; <br />C. Mitigation measures or alternatives previously found <br />not to be feasible would in fact be feasible and would <br />substantially reduce one or more significant effects of <br />the project, but the project proponents decline to <br />adopt the mitigation measure or alternative; or <br />D. Mitigation measures or alternatives which are <br />considerably different from those analyzed in the <br />previous EIR would substantially reduce one or more <br />significant effects on the environment, but the project <br />proponents decline to adopt the mitigation measure or <br />alternative. <br />CEQA Guidelines Section 15168(c) sets forth criteria to use a program <br />EIR for "later activities." Specifically, CEQA Guidelines Section 15168(c) <br />states the following: <br />Section 15168(c) — Use with Later Activities. Later activities in the program <br />must be examined in the light of the program EIR to determine whether an <br />additional environmental document must be prepared. <br />1. If a later activity would have effects that were not examined <br />in the program EIR, a new Initial Study would need to be <br />prepared leading to either an EIR or a Negative Declaration. <br />That later analysis may tier from the program EIR a provided <br />in Section 15152. <br />2. If the agency finds that pursuant to Section 15162, no <br />subsequent EIR would be required, the agency can approve <br />the activity as being within the scope of the project covered <br />by the program EIR, and no new environmental document <br />would be required. Whether a later activity is within the <br />scope of a program EIR is a factual question that the lead <br />Resolution No. 2023-xx <br />f 24 <br />City Council 18 — 322 10/ 23 <br />