INSTRUCTIONS
Section I
Applicability — The complaint procedures apply to the beneficiaries of Caltrans programs, activities, and services, including but not limited to the public, contractors, subcontractors, consultants, and other sub -recipients of Federal funds.
All complaints must be in writing and signed by the complainant. Complaints must include the complainant' sname, address, phone number, and specify all issues and circumstances of the alleged discrimination. In cases where the complainant is incapable of providing a written statement such as limited English proficient or having a disability, the complainant may be assisted in converting the verbal into a written complaint.
Section II
Title VI — Any person who believes he/ she has been excluded from participation in or denied benefits or services of any program or activity administered by Caltrans, or its sub -recipients, consultants, and contractors.
Discrimination Because of — Allegations must be based on issues involving race, color, national origin for a Title VI complaint or sex, age, disability, or retaliation.
Filing Options and Time Limits — The use of the complaint form is not mandatory. You may submit your complaint in any form that includes your signature. Title VI discrimination complaints may be filed with Caltrans, the Federal Highway Administration, or other agencies that provide federal financial assistance to Caltrans.
Complaints must be filed no later than 180 days after the date of the alleged act of discrimination or retaliation unless the time for filing is extended. Failure to supply all information may be grounds for rejecting your complaint.
Submit Complaints — The original -signed complaint form or letter is mailed to:
California Department of Transportation
Office of Civil Rights
Attention: Title VI Branch Manager
1823 14th Street, MS 79
Sacramento, CA 95811
Information — Email: Title. Vl@ddot. ca. gov
Phone: (916) 324- 8379
Website: hops:// dot. ca, gov/ roc rams civil- rghts/ title- vi
PERSONAL INFORMATION NOTICE
Pursuant to the Federal Privacy Act (Section 552 et seq.) and the Information Practices Act of 1977 ( IPA) (Civil Code Sections 1798 et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798. 24of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular.
ADA Notice
For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at ( 916) 445- 1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814.
LEGE
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Attacnment
11 E II
Filed Doc U: 39- 03122021- 064
03/ 12/ 2021 01: 41:3 PM
Steve J. Bestolarides
San Joaquin County Clerk
Notice of Determination
Print Form
Appendix D
To:
Office of Planning and Research
U. S. Mall:
P. O. Box 3044
Sacramento, CA 95812- 3044
Street Address:
1400 Tenth St., Rm 113
Sacramento, CA 95814
ID County Clerk
County of: San Joaquin
Address: 44 N San Joaquin Street# 26V
Stockton, CA 9b202
From:
Public Agency: City of Lathrop
Address: 390 Towne Centre Drive
Lathrop, CA 95330
Contact: Michael King
Phone: (209) 941- 7454
Lead Agency ( If different from above):
Address:
Contact:
Phone:
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.
State Clearinghouse Number ( if submitted to State Clearinghouse): 2020110445 Project Title: Harlan Road Realignment at Roth Road
Project Applicant: City of Lathrop
Project Location ( include county): Harlan Road and Roth Road, City of Lathrop, San Joaquin County Project Description:
The City of Lathrop ( City) proposes to realign Harlan Road by shifting the intersection of Harlan Road and Roth Road within the City of Lathrop. Proposed development projects within San Joaquin County, the City of Manteca, and the City of Lathrop will cause the I-5 interchange at Roth Road within the City of Lathrop to operate at an unacceptable level. The Harlan Road Realignment at Roth Road Project must be completed prior to any improvements being made to the interchange. Three alternatives are p This is to advise that the City of Lathrop has approved the above 0 Lead Agency or 0 -Responsible Agency)
described project on March 8, 2021
date)
and has made the following determinations regarding the above described project.
1. The project [ will t will not] have a significant effect on the environment.
2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
Q A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures [® were were not] made a condition of the approval of the project.
4. A mitigation reporting or monitoring plan [® was was not] adopted for this project.
5. A statement of Overriding Considerations [ was ® was not] adopted for this project.
6. Findings [® were were not] made pursuant to the provisions of CEQA.
This is to certify that the final EIR with comments and responses and record of project approval, or the negative Declaration, Is available to the General Public at:
https:// www. ci. lathrop. ca. us/ com- dev/ page/ubs ic- review- documents Signature ( Public Agency):
Date: March 8, 2021
Title: Director of Public Works
Date Received for filing at OPR:
Authority cited: Sections 21083, Public Resources Code.
Reference Section 21000-1174, Public Resources Code. Revised 2011 MAR 122021
State of California - Department of Fish and Wildlife
2021 ENVIRONMENTAL FILING FEE CASH RECEIPT
DFW 753. 5a (REV. 01/ 21) Previously DFG 753. 5a
RECEIPT NUMBER:
39- 03122021- 064
STATE CLEARINGHOUSE NUMBER ( If applicable)
2020110445
SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY.
LEAD AGENCY
CITY OF LATHROP
LEADAGENCY EMAIL DATE
03/ 12/ 2021
COUNTY/ STATE AGENCY OF FILING
SAN JOAQUIN
DOCUMENT NUMBER
39- 03122021- 064
PROJECT TITLE
HARLAN ROAD REALIGNMENT AT ROTH ROAD
PROJECT APPLICANT NAME
CITY OF LATHROP
PROJECT APPLICANT EMAIL PHONE NUMBER
209) 941- 7454 MICHAEL
PROJECT APPLICANT ADDRESS
390 TOWNE CENTRE AVE
CITY
LATHOP
STATE
CA
ZIP CODE
95330
PROJECT APPLICANT ( Check appropriate box)
Local Public Agency O School District O Other Special District O State Agency O Private Entity CHECK APPLICABLE FEES:
El Environmental Impact Report ( EIR)
l Mitigated/ Negative Declaration ( MND)( ND)
Certified Regulatory Program ( CRP) document - payment due directly to CDFW Exempt from fee
Notice of Exemption ( attach)
CORN No Effect Determination ( attach)
Fee previously paid ( attach previously issued cash receipt copy) Water Right Application or Petition Fee ( State Water Resources Control Board only) County documentary handling fee
Other
PAYMENT METHOD:
Cash O Credit IN Check Other
3, 445. 2
2, 480. 25
1,71. 25
850. 00 $
2, 480. 25
TOTAL RECEIVED $
50. 00
2, 530. 25
SIGNATURE AGENCY OF FILING PRINTED NAME AND TITLE
Kelley McHugh , Deputy
NII R! III I. ICI
ORIGINAL - PROJECT APPLICANT COPY - CDFW/ ASB COPY - LEAD AGENCY COPY- COUNTY CLERK DFW 753. 5a (Rev 01012021) State of California - Department of Fish and Wildlife
2021 ENVIRONMENTAL FILING FEE CASH RECEIPT
DFW 753. 5a (REV. 01/ 21) Previously DFG 753. 5a
NOTICE
Each project applicant shall remit to the county clerk the environmental filing fee before or at the time of filing a Notice of Determination ( Pub.
Resources Code, § 21152; Fish & G. Code, § 711. 4, subdivision ( d); Cal. Code Regs., tit. 14, § 753. 5). Without the appropriate fee, statutory or categorical exemption, or a valid No Effect Determination issued by the Cal fomia Department of Fish and Wildlife ( CDFW), the Notice of Determination is not operative, vested, or final, and shall not be accepted by the county clerk.
COUNTY DOCUMENTARY HANDLING FEE
The county clerk may charge a documentary handling fee of fifty dollars ($ 50) per filing in addition to the environmental filing fee ( Fish & G. Code, § 711. 4, subd. ( e); Cal. Code Regs., tit. 14, § 753. 5. subd. ( g)( 1)). A county board of supervisors shall have the authority to increase or decrease the fee or charge, that is otherwise authorized to be levied by another provision of law, in the amount reasonably necessary to recover the cost of providing any product or service or the cost of enforcing any regulation for which the fee or charge is levied ( Gov. Code, § 54985, subd. ( a)).
COLLECTION PROCEDURES FOR COUNTY GOVERNMENTS
Filing Notice of Determination ( NOD):
Collect environmental filing fee or copy of previously issued cash receipt. (Do not collect fee if project applicant presents a No Effect Determination signed by CDFW. An additional fee is required for each separate environmental document An addendum is not considered a separate environmental document. Checks should be made payable to the county.) Issue cash receipt to project applicant.
Attach copy of cash receipt and, if applicable, previously issued cash receipt, to NOD.
Mail filing fees for CRP document to CDFW prior to filing the NOD or equivalent final approval ( Cal. Code Regs. Tit. 14, § 753. 5 (b)( 5)). The CRP should request receipt from CDFW to show proof of payment for filing the NOD or equivalent approval. Please mail payment to address below made attention to the Cash Receipts Unit of the Accounting Services Branch.
If the project applicant presents a No Effect Determination signed by CDFW, also:
Attach No Effect Determination to NOD ( no environmental filing fee is due).
Filing Notice of Exemption ( NOE) (Statutorily or categorically exempt project ( Cal. Code Regs., tit. 14, §§ 15260-5285, 15300-5333)) Issue cash receipt to project applicant.
Attach copy of cash receipt to NOE ( no environmental filing fee is due).
Within 30 days after the end of each month in which the environmental filing fees are collected, each county shall summarize and record the amount collected on the monthly State of California Form No. CA25 ( TC31) and remit the amount collected to the State Treasurer. Identify the remittance on Form No. CA25 as " Environmental Document Filing Fees" per Fish and Game Code section 711. 4.
The county clerk shall mail the following documents to CDFW on a monthly basis:
A photocopy of the monthly State of California Form No. CA25 ( TC31) CDFW/ ASB copies of all cash receipts (including all voided receipts) A copy of all CDFW No Effect Determinations fled in lieu of fee payment V A copy of all NODs filed with the county during the preceding month A list of the name, address and telephone number of all project applicants for which an NOD has been filed. If this information is contained on the cash receipt filed with CDFW under California Code of Regulations, title 14, section 753. 5, subdivision ( e)( 6), no additional information is required.
DOCUMENT RETENTION
The county shall retain two copies of the cash receipt ( for lead agency and county clerk) and a copy of all documents described above for at least 12 months.
RECEIPT NUMBER
The first two digits automatically populate by making the appropriate selection in the County/ State Agency of Filing drop down menu.
The next eight digits automatically populate when a date is entered.
The last three digits correspond with the sequential order of issuance for each calendar year. For example, the first receipt number issued on January 1 should end in 001. If a county issued 252 receipts for the year ending on December 31, the last receipt number should end in 252. CDFW recommends that counties and state agencies 1) save a local copy of this form, and 2) track receipt numbers on a spreadsheet tabbed by month to ensure accuracy.
DO NOT COMBINE THE ENVIRONMENTAL FEES WITH THE STATE SHARE OF FISH AND WILDLIFE FEES.
MaII to:
California Department of Fish and Wildlife
Accounting Services Branch
P. O. Box 944209
Sacramento, California 94244- 2090
ORIGINAL - PROJECT APPLICANT COPY-DFW/ ASS COPY - LEAD AGENCY COPY- COUNTY CLERK DFW 753. 5a (Rev 01012021) Print Form
Notice of Determination Appendix D
To:
Office of Planning and Research
U. S. Mail:
P. O. Box 3044
Sacramento, CA 95812- 3044
Street Address:
1400 Tenth St., Rm 113
Sacramento, CA 95814
O County Clerk
County of: San Joaquin
Address: 44 N San Joaquin Street ff2( iU
Stockton, CA 95202
From:
Public Agency: City of Lathrop
Address: 390 Towne Centre Drive
Lathrop, CA 95330
Contact: Michael King
Phone: (209) 941- 7454
Lead Agency (if different from above):
Address:
Contact:
Phone:
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.
State Clearinghouse Number ( if submitted to State Clearinghouse): 2020110445 Project Title: Harlan Road Realignment at Roth Road
Project Applicant: City of Lathrop
Project Location ( include county): Harlan Road and Roth Road, City of Lathrop, San Joaquin County Project Description:
The City of Lathrop ( City) proposes to realign Harlan Road by shifting the intersection of Harlan Road and Roth Road within the City of Lathrop. Proposed development projects within San Joaquin County, the City of Manteca, and the City of Lathrop will cause the I-5 interchange at Roth Road within the City of Lathrop to operate at an unacceptable level. The Harlan Road Realignment at Roth Road Project must be completed prior to any improvements being made to the interchange. Three altematives are MI This is to advise that the City of Lathrop has approved the above 0 Lead Agency or Responsible Agency)
described project on March 8, 2021 and has made the following determinations regarding the above date)
described project.
1. The project [ will 0 will not] have a significant effect on the environment.
2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 0 A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures [ 0 were D were not] made a condition of the approval of the project.
4. A mitigation reporting or monitoring plan [ 0 was was not] adopted for this project.
5. A statement of Overriding Considerations [ was 0 was not] adopted for this project.
6. Findings [ 0 were D were not] made pursuant to the provisions of CEQA.
This is to certify that the final EIR with comments and responses and record of project approval, or the negative Declaration, is available to the General Public at:
https:// www. ci. lathrop. ca. us/ com- dev/ page/ublic- review- documents Signature ( Public Agency):
Date: March 8, 2021
Title: Director of Public Works
Date Received for filing at OPR:
Authority cited: Sections 21083, Public Resources Code.
Reference Section 21000-1174, Public Resources Code. Revised 2011 Mitigated Negative Declaration
Pursuant to: Division 13, Public Resources Code
PROJECT DESCRIPTION
The City of Lathrop ( City) proposes to realign Harlan Road by shifting the intersection of Harlan Road and Roth Road within the City of Lathrop, California.
Proposed development projects within San Joaquin County, the City of Manteca, and the City of Lathrop will cause the I-5 interchange at Roth Road within the City of Lathrop to operate at an unacceptable level. The Harlan Road Realignment at Roth Road Project ( Project), must be completed prior to any improvements being made to the interchange. The proposed Project will shift the existing Harlan Road/oth Road intersection approximately 600 feet to the east, increasing the spacing between the I-5/ Roth Road northbound ramp termini intersection and Harlan Road. This increased spacing will allow for future improvements at the ramp termini intersection to improve the intersection traffic operations. To match the shifted intersection, Harlan Road, north and south of Roth Road, will require realignment. Harlan Road currently runs parallel adjacent to the I-5 right of way within the Project area.
The proposed Project along Harlan Road will include three travel lanes and a center two- way left turn lane south of Roth Road and two travel lanes with a center striped median north of Roth Road. This lane configuration will incorporate the ultimate improvements necessary for Harlan Road within the Project area. Harlan Road will conform to the existing section at the beginning and end of the realigned portion; ultimate Harlan Road improvements past these conforms will take place as future projects.
The existing Harlan Road intersection will be converted to one cul- de- sac on the south side of Roth Road and a dead- end road on the north side of Roth Road to maintain access to the existing properties on Harlan Road outside of the realigned portion. Three alternatives are being considered for the road realignment north of Roth Road in the Project area. The proposed alternatives are being considered to evaluate the impacts to a private property ( APN 19333031), a private residency located north of Roth Road along the existing Harlan Road. The proposed road realignment in the remainder of the Project area south of Roth Road is consistent for all alternatives. The City will select a preferred alternative based on public input and feasibility during final design.
Alternative 1
The entirety of the road alignment of Alternative 1 would pass through the northern portion of a private residential property ( APN 19333031). This alternative would only require minimal permanent right of way acquisition from another private commercial property ( APN 19333028) just north of APN 19333031, to accommodate curb returns. This alternative would result in the greatest impact to APN 19333031, including impacting the residential structure.
Alternative 2
The entirety of the road alignment of Alternative 2 would pass through a private commercial property ( APN 19333028) on its south side. This alternative would only require minimal permanent right of way acquisition from the private residential property (APN 19333031) to accommodate curb returns. This alternative would result in the least impact to APN 19333031.
Alternative 3
The road alignment of Altemative 3 would center the roadway between the private residential property ( APN 19333031) and the adjacent private commercial property ( APN 19333028). This ii
alternative would require permanent right of way acquisition from both properties to accommodate each roadway half. This alternative would result in less impact to the private residential property APN 19333031) than Alternative 1; however, the residential structure would still be impacted.
Common Design Features for Alternatives 1 Through 3
The ultimate typical section along Roth Road for all three alternatives is anticipated to be four travel lanes with a center lane. The intersection will be constructed to the ultimate width so as not to require disturbance to newly constructed improvements when the full Roth Road widening is completed. Beyond the intersection of Roth Road and Harlan Road, improvements to Roth Road will conform to the existing Roth Road section.
There are existing overhead electric and communication utility lines along Harlan Road/oth Road that will need to be relocated if impacted. Close coordination with the local utility companies will be carried out in order to coordinate the permanent relocation of these utilities. Permanent right- of- way acquisitions and temporary construction easements are needed for the realignment of Harlan Road through commercial and private property. Construction is anticipated to start in the Fall of 2021 and last approximately 12 months total. The Project may require two construction phases due to available funding. If construction phases are required, Phase I would consist of all roadway improvements south of Roth Road as well as improvements along Roth Road. Phase II would include roadway improvements north of Roth Road. During Phase I, the stop sign at the existing Harlan/ Roth Road would be maintained, but with the relocation of the south leg of Harlan Road to the new proposed signalized intersection.
The Project is locally funded and therefore requires compliance with the California Environmental Quality Act ( CEQA). The lead agency under CEQA is the City.
DETERMINATION
The City has prepared an Initial Study for this Project, and has determined from this study that the Project would not have a significant effect on the environment for the following reasons:
The Project would have no impact on agriculture and forest resources; energy; geology and soils; land use and planning; mineral resources; public services; recreation; and wildfire.
The Project would have a less than significant impact on aesthetics; air quality, biological resources; cultural resources; greenhouse gas emissions; hazards and hazardous materials; hydrology and water quality; traffic and transportation; tribal cultural resources; utilities and service systems.
The Project would have less than significant impact with mitigation incorporated on noise; population and housing; and mandatory findings of significance.
K-- 3 / a3 / ZOZ i
Michael King Date
Director of Public Works
City of Lathrop
iii
Harlan Road Realignment at Roth Road
Project
2023 Addendum to the
Initial Study/ Mitigated Negative Declaration
City of Lathrop
San Joaquin County, California
August 2023
Summary of the Harlan Road Realignment at Roth Road Project The City of Lathrop (City) proposes to realign Harlan Road by shifting the intersection of Harlan Road and Roth Road within the City of Lathrop, California.
Proposed development projects within San Joaquin County, the City of Manteca, and the City of Lathrop will cause the I-5 interchange at Roth Road within the City of Lathrop to operate at an unacceptable level.
The Harlan Road Realignment at Roth Road Project ( Project), must be completed prior to any improvements being made to the interchange. The proposed Project will shift the existing Harlan Road/oth Road intersection approximately 600 feet to the east, increasing the spacing between the I-5/ Roth Road northbound ramp termini intersection and Harlan Road. This increased spacing will allow for future improvements at the ramp termini intersection to improve the intersection traffic operations. To match the shifted intersection, Harlan Road, north and south of Roth Road, will require realignment. Harlan Road currently runs parallel adjacent to the I-5 right of way within the Project area.
The Project is locally funded and therefore requires compliance with the California Environmental Quality Act (CEQA). The lead agency under CEQA is the City.
Reason for a CEQA Addendum
An Initial Study/ Mitigated Negative Declaration ( IS/ MND) was approved for the project in March of 2021, and since then, a change in the project area to accommodate additional design features has become necessary. A new storm drainpipe has been included in the design to accommodate storm runoff and provide drainage improvements. These improvements implement a regional plan for drainage and reduces the amount of right way needed for the project. This storm drainpipe ranges from 18 inches to 36 inches in width and would extend for approximately 1. 47 miles. This installation will occur beneath the City roads.
Appendix A shows the updated project area to accommodate the improvements, as well as an updated project features map.
7/ Zo73 Brad Tay r, City Engineer Date
1 Appropriate CEQA Documentation for the Proposed Modifications In accordance with Section 15164( b) of the State CEQA Guidelines, " An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR or negative declaration have occurred." Specifically, these conditions include:
1. Substantial changes proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time of the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
A. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
B. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.
In order to utilize an addendum as the appropriate CEQA document, the City, as the lead agency, must make a
finding that changes to the project are necessary and that the project would not result in any new significant or more severe environmental effects than previously identified in the 2021 Final IS/ MND.
Determination of Appropriate CEQA Documentation
Section 15162 - Subsequent EIRs and Negative Declarations a) " When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one of more of the following:" 1) " Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects." 2 Proposed modifications to the 2021 Final IS/ MND include expanding the project area to include new drainage features. This is a minor modification that does not require any new avoidance and minimization measures to be added.
2) " Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects."
No new or more severe significant environmental effects have been identified as a result of the additional drainage features being incorporated.
3) "New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
A) "The project will have one or more significant environmental effects not discussed in the previous EIR or negative declaration;"
No new or more severe significant environmental effects have been identified as a result of the additional drainage features being incorporated.
B) "Significant effects previously examined will be substantially more severe than shown in the previous EIR;"
Potentially significant impacts previously discussed in the 2021 Final IS/ MND would not be increased or made more severe as a result of changes captured in this Addendum.
C) "Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or" Not applicable. No mitigation measures or evaluated alternatives were previously found to be infeasible in the 2021 Final IS/ MND.
D) `"Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative." Impacts have been avoided to the extent feasible and mitigated to a level of less than significant. No other mitigation measures or feasible alternatives have been identified that would substantially reduce impacts. b) "If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subsection a). Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation."
The project purpose and need are consistent with the Final 2021 IS/ MND. Changes during the permitting phase of the project require that this Addendum be prepared. There are no new changes in the environmental setting that would result in new or more severe significant environmental impacts. None of the conditions 3 listed under subsection ( a) would occur that would require preparation of a subsequent IS/ MND; therefore, this Addendum is an appropriate level of documentation to update the environmental record. c) " Once a project has been approved, the lead agency' s role in project approval is completed, unless
further discretionary approval on that project is required. Information appearing after an approval does not require reopening of that approval. If after the project is approved, any of the conditions described in subsection ( a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other Responsible Agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted."
None of the conditions listed in subsection ( a) would occur as there are no changes in environmental setting as a result of this Addendum. No subsequent IS/ MND is required.
Section 15164 — Addendum to an EIR or Negative Declaration a) " The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred."
This Addendum, and the information provided herein, satisfies the requirements of this Section of the CEQA Guidelines.
b) "An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred." There are no major changes to the project description and only minor additions of drainage features outside the existing Project area. Storm drain pipelines would be installed within City roads. No additional right of way would need to be obtained that wasn' talready disclosed in the 2021 document. None of the conditions described in Section 15162 calling for preparation of a subsequent IS/ MND occur as a result of the proposed change. A CEQA addendum to the 2021 Final IS/ MND is the appropriate CEQA document for the proposed change.
c) "An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration."
This Addendum will be filed and attached to the 2021 Final IS/ MND. d) "The decision -making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project." The City will consider this Addendum with the 2021 Final IS/ MND prior to making a decision to move forward with the project.
e) " A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency' srequired findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence." This document provides substantial evidence for the City to support the decision to prepare an Addendum for the addition of new drainage features previously not disclosed in the 2021 Final IS/ MND.. 4 Conclusion
This Addendum has been prepared in accordance with the provisions of the State CEQA Guidelines, and it documents that none of the conditions or circumstances that would require preparation of a subsequent IS/ MND, pursuant to Sections 15162 and 15164 of the State CEQA guidelines, exist in connection with the currently proposed project. No major revisions would be required to the 2021 Final IS/ MND as a result of the minor change. No new or more severe significant environmental impacts have been identified and preparation of a subsequent IS/ MND is not needed for the proposed project. The City has reviewed the prior 2021 Final IS/ MND and finds that the project as proposed will not have any new or increased significant effects on the environment with conditioned mitigation measures identified in the 2021 Final IS/ MND. Therefore, the City has determined that this Addendum and the prior 2021 Final IS/ MND provide the appropriate environmental documentation for the project in compliance with the requirements of the CEQA Guidelines.
Pursuant to the provisions of California Public Resources Code § 21082. 1, the City has reviewed and analyzed the information contained in the Addendum and the 2021 Final IS/ MND prepared pursuant to CEQA and the State CEQA Guidelines. This complete Addendum and 2021 Final IS/ MND, including discussions, environmental analysis, conclusions, and proposed mitigation measures reflects the independent judgment of the City of Lathrop as to those issues at the time of publication.
This Addendum and the 2021 Final IS/ MND will be maintained in the administrative record files at the City of Lathrop office.
5 Appendix A. Maps and Figures
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