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HRC FULL PACKET 2012-06-28
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HRC FULL PACKET 2012-06-28
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Agenda Packet
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6/28/2012
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,~ssocration ojErrs~ironntenta! Professionals 2012 <br />CEQr1 Guidelines <br />{d) In evaluating the significance of ilte environmental effect of a project, the Lead Agency shall <br />consider direct plrysical changes in the ettvir•ortment which may be caused by the project and <br />reasonably foreseeable indirect plrysical changes in the environment which may be caused by <br />the project. <br />(1) A direct physical cltange in the ettvironrttent is a physical change in the environment which <br />is caused by and immediately related to the project. E;~amples of direct physical changes in <br />the environment at•e the dust, noise, and traffic of heavy equipment that would result from <br />construction of a selvage treatrttent plant and possible odors from operation of the plant. <br />{2) An indirect physical cltange in the environment is a physical change in the environment <br />which is not immediately related to the project, but which is caused indirectly by the <br />project. If a direct physical cltange in the environment in turn causes another change in the <br />environment, then the outer change is an indirect physical change in the environment. For <br />example, the construction of a rtew sewage treatment plant Wray facilitate population growth <br />in the service area due to the increase in sewage treatment capacity and may lead to an <br />increase in air pollution. <br />(3) An indirect physical change is to be considered only if that change is a reasonably <br />foreseeable impact which may be caused by the project. A change which is speculative or <br />unlikely to occur is not reasonably foreseeable. <br />(e) Econornic and social changes resulting from a project shall not be treated as significant effects <br />on the environment. Economic or social changes may be used, however, to determine that a <br />physical change shall be regarded as a significant effect on the ertvironmertt. Where a physical <br />change is caused by economic or social effects of a project, the physical change [tray be <br />regarded as a significant effect in the saute tttattrter as arty other plrysical change resulting fi•otn <br />the project. Alternatively, economic and social effects of a physical change may be used to <br />determine that the physical cltange is a significant effect on the environment. If the physical <br />cltange causes adverse econantic or social effects on people, those adverse effects may be used <br />as a factor in determining whether the physical change is significant. l?or example, if a project <br />would cause overcrowding of a public facility and the overcrowding causes an adverse effect <br />on people, the overcrowding would be regarded as a significant effect. <br />(~ The decision as to whether a project may have one or more significant effects shall be based on <br />substantial evidence in the record of the lead agency. <br />{1) If the lead agency determines there is substantial evidence in the record that the project may <br />have a significant effect on the environrttent, the lead agency shall prepare an EIR (Friends <br />of I3 S!t•eet v. City of Ha}~rt~at'd (1980} 106 Ca1.App,3d 988). Said another way, if a lead <br />agency is presented with a fair arguatent that a project may have a significant effect on the <br />envirorunent, the lead agency shall prepare an EIR even though it may also 6e presented <br />with other substantial evidence that the project will not have a significant effect {No Oil, <br />I~rc. v. Cil}~ of Los Angeles (1974) 13 Cal.3d 68). <br />(2} If the lead agency determines there is substantial evidence in the record that the project may <br />have a significant effect on the ertvironrnent brrt the lead agency determines that revisions <br />in the project plans or proposals made by, or agreed to by, the applicant would avoid the <br />effects or mitigate the effects to a point where clearly rto signifcant effect an the <br />environment would occtn• and there is no substantial evidence in light of the whole record <br />before the public agency that the project, as revised, may have a significant effect on the <br />environment then a mitigated negative declaration shall be prepared. <br />{3) If the lead agency determines there is rto substantial evidence that the project may have a <br />significant effect ort the envirortrnent, the lead agency shall prepare a negative declaration <br />(Friends ofB Street tr. Cit}~ of Ilayrvard {1950) 106 Ca1,App. 3d 988). <br />Page 2 of 2 <br />
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