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Section 15168, the Certified EIR adequately described the <br />Project activity for purposes of CEQA. <br />b. The appellant contends that there are new transportation <br />impact methodology requirements, not analyzed in the <br />Certified EIR. <br />The Project CEQA Findings demonstrate that the Project's <br />potential transportation impacts are within the scope of the <br />analysis of the Certified EIR, including Exhibit 9G (Project <br />LOS Analysis) and Exhibit 9H (Project VMT Information) as <br />part of the Project staff report. As discussed therein, since <br />adoption of the Certified EIR, the LOS metric for analyzing <br />transportation and traffic impacts under CEQA has been <br />replaced with analysis of VMT to address consistency with <br />CEQA Guidelines Section 15064.3(b). However, recent <br />California case law confirms that CEQA Guidelines Section <br />15064.3(b) only applies prospectively to CEQA documents <br />that have not yet been circulated for public review and not to <br />CEQA documents that rely on previously certified EIRs that <br />complied with applicable CEQA requirements when publicly <br />reviewed. The court in Olen Properties Corporation v. City <br />of Newport Beach (2023) 93 Cal.App.5th 270 explicitly <br />recognizes that VMT impacts were known of and understood <br />in 2006 when the EIR in that case was certified (the same <br />year as the original Certified EIR for the MEMU) and <br />therefore do not constitute new information that would trigger <br />recirculation. Thus, a project relying on a previously certified <br />EIR under CEQA Guidelines 15168(c) is not required to <br />provide a VMT analysis if: (1) the previously certified EIR <br />evaluated transportation impacts based on LOS and (2) the <br />subsequent project is within the scope of the impacts <br />assessed in the previously certified EIR and any applicable <br />mitigation measures are adopted. <br />The Certified 2006 EIR was certified well before CEQA <br />Guidelines Section 15064.3(b) was adopted and relies on an <br />LOS analysis, not a VMT analysis, to analyze the MEMU's <br />transportation impacts. However, impacts associated with <br />VMT were known of and understood at the time the Certified <br />EIR was certified and therefore do not constitute new <br />information. Moreover, the CEQA findings associated with <br />the Project will not be circulated for public review. Therefore, <br />no VMT analysis is required to evaluate the Project's <br />consistency with the Certified EIR and the City is evaluating <br />such consistency based only on LOS. <br />Resolution No. 2023-xx <br />City Council 18 — 326 10/ 3 f 24 <br />