____________________________________________________________________________________ Addendum To An Initial Study/Negative Declaration
City of East Palo Alto Climate Action Plan 2030
______________________________________________________________________ Purpose of the Addendum and Background
Per California Environmental Quality Act (CEQA) Guidelines 15164, a lead agency can prepare an addendum to a previously adopted Negative Declaration if only minor technical or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent negative declaration have occurred.
Section 15162 states that no subsequent EIR or Negative Declaration shall be prepared unless the lead agency determines one or more of the following:
1. Substantial changes are proposed that will require major revisions due to new significant environmental effects.
2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions to the Negative Declaration.
3. New information of substantial importance, which were not known, would show the following:
a) The project will have one or more new significant effects; b) Significant effects previously examined would be substantially more severe; c) Mitigation measures or alternatives previously found not be feasible would be in fact be feasible; and
d) Mitigation measures or alternatives which are considerably different from the original Negative Declaration and would substantially reduce one or more significant impact.
If none of the above are found, a lead agency can prepare an addendum. The addendum need not be circulated but can be included or attached to the adopted negative declaration. The decision-making body would consider the addendum prior to making a decision on the project. A brief explanation of the decision to not prepare a subsequent Negative Declaration would be prepared with the required findings in the record.
The City Council approved an Initial Study and Negative Declaration prepared for the Climate Action Plan (CAP) on September 20, 2011 in compliance with the requirements of Section 15074 of the State CEQA Guidelines. The Plan is a policy-oriented, programmatic document that describes a series of actions and programs that, when conducted by the City and its partners, can reduce greenhouse gas (GHG) emissions and its effects within the City of East Palo Alto. No significant environmental impacts that would require mitigation were identified. Any development occurring after the adoption of the proposed CAP, including development or expansion of recreational facilities, would be considered a separate “project” and would be subject to individual environmental review as well as compliance with all existing City and State standards (General Plan Land Use and Open Space Elements; General Plan EIR; Zoning Ordinance Chapters 24, 25, and 26; PRC 2100 et seq.). The CAP was amended in 2014 to update baseline year emissions and adjust future projections. No policy or program changes were proposed. It was determined that the proposed changes were non-substantive in nature and did not provide substantial evidence for new significant environmental effects or new mitigation measures compared to the original Negative Declaration. Accordingly, no new CEQA analysis or process was required.
Project Description
The City Council adopted the CAP in 2011, with a minor amendment in 2014, to be a blueprint of the community’s response to challenges posed by climate change and is a living document reflecting the ongoing efforts and challenges our community faces as the impacts from climate change grow more frequent, severe, and urgent. The CAP documented how East Palo Alto plans to collaborate with partners in county, state, and federal government, along with community organizations and local businesses, to create new programs, services, and policies to support the community in taking actions that reduce greenhouse gas (GHG) emissions.
The 2030 CAP amendment and Adaption strategies 2030 (Draft Plan) was prepared to reflect the significant progress made in reducing greenhouse gas emissions through the implementation of the 2011 CAP and to identify new environmental programs to continue the process. The CAP was also updated to reflect changing conditions and new legislative changes at the State, regional and local levels.
The goal of the updated Draft Plan is to detail specific strategies the community will utilize to reach the California GHG reduction goals equitably and sustainably, while developing a comprehensive strategy to ensure the community is prepared to adapt to a changing climate to minimize disruptions due to climate change and maximize resilience.
Analysis for Draft Climate Action Plan 2030 Amendment
The proposed Draft Plan includes fifteen new programs: EW.1.5, EW.19, EW.2.10, EW.4.1, EW.4.3, T.2.1, T.2.2, T.2.3, T.2.5, T.2.6, T.2.7, T.2.8, T.2.9, T.2.10, and T.2.11.
The draft plan continues to be a policy oriented programmatic plan intended to lead to the reduction in GHG. All of these programs are programmatic in nature and intended primarily to facilitate basic data collection, education, research, experimental management, and resource evaluation activities, including for existing programs which would not result in a serious or major disturbance to an environmental resource. The programs will not result in physical development. If the resulting analysis identifies a need for a future project, the actual implementation would be subject to an independent approval process, including environmental review. Any development occurring after the adoption of the proposed Draft Plan, including development or expansion of recreational facilities, would be considered a separate “project” and would be subject to individual environmental review as well as compliance with all existing City and State standards (General Plan Land Use and Open Space Elements; General Plan EIR; Zoning Ordinance Chapters 24, 25, and 26; PRC 2100 et seq.).
Findings
Upon analysis of the Draft Plan, staff found that: (1) the changes non substantive in nature; (2) that none of the conditions in Section 15162 [Subsequent EIRs and Negative Declarations] of the State CEQA Guidelines are present; (3) that the proposed changes do not provide substantial evidence for new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (4) the proposed changes do not require mitigation measures or alternatives which are considerably different from the original Negative Declaration and would substantially reduce one or more significant impact.
Accordingly, the preparation of a new Negative Declaration is not required for the proposed Draft Plan.