Creed san diego

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Become a Corporate Partner. Please leave this field empty. Meet Claire Reiss Mrs. We concluded in part III. NDRC, supra, Cal. Shortly thereafter, the City issued a notice of decision that stated that the city council had approved the project and had determined that the project had been adequately analyzed in the and EIRs. NDRC is legally and factually distinguishable from this case, and does not stand for the proposition that a project specific EIR is required even where a governmental entity has determined that the potential environmental impact of a project was adequately considered in a prior EIR.

In NDRC, the court noted that the city had entered into a "side letter agreement" with the lessee that addressed site-specific environmental concerns based on the city's "apparent[ ] concern[] that not all environmental issues had been addressed" in the prior EIRs.

In addition, notwithstanding this side letter agreement, the City failed to prepare an initial study to determine whether additional environmental analysis was required. The NDRC court concluded, "The fact that the port[ 13 ] and China Shipping entered into a side letter agreement addressing site-specific environmental concerns arising from this Project provides adequate support for appellants' argument that the port was required to prepare an initial study leading to either preparation of an EIR or a negative declaration for this Project.

In this case, in contrast, respondents performed an initial study that concluded that the MEIR and SEIR had adequately examined all potentially significant environmental impacts from the hotel project. For the reasons stated in part III. However, there is other language in NDRC that suggests the court's acknowledgment that a program EIR may, under appropriate circumstances, be used as an EIR for a project proposed after its certification.

To the extent NDRC can be read to suggest that a program EIR is never sufficient to analyze a project proposed after its certification, we disagree. The Guidelines unambiguously state that a program EIR may be used with "subsequent activities" as follows:. We conclude that a program EIR may serve as the EIR for a subsequently proposed project to the extent it contemplates and adequately analyzes the potential environmental impacts of the project, and that respondents were not prohibited from relying on the MEIR under NDRC, supra, Cal.

CREED contends that respondents' determination that the hotel project "will not have any significant effect on the environment that was not identified and considered in the MEIR" is not supported by substantial evidence. We reject that argument for the reasons stated in part III. Respondents point to considerable evidence in support of their determination that the potential environmental impacts of the hotel project were within the scope of the MEIR and the SEIR.

In addition, the MEIR states that it is providing an environmental assessment of the "ultimate capacity buildout scenario" of the Planning Area over a year period.

The MEIR forecasts that a total of 5, additional hotel rooms would be constructed over a year period within the Planning Area, and expressly contemplates the completion of the Horton Plaza Redevelopment Project, which the hotel project will complete. Further, the MEIR specifically provides that "this EIR will be used for project-specific approvals of future development activities with the.

Planning Area. Respondents also completed the Secondary Study, an initial study pursuant to Guidelines section , subdivision d , to determine whether an additional EIR would be required for the hotel project.

The Secondary Study did state that the "cumulative impacts of the [hotel project] would be significant and not fully mitigable with respect to air quality and traffic.

We conclude that respondents' determination that the hotel project's potential environmental effects were adequately examined in the MEIR and SEIR is supported by substantial evidence. CREED claims that respondents' improper failure to prepare a project specific EIR for the hotel project violated the goals of information disclosure, public participation, and government accountability embodied in CEQA.

CREED also raises the specific claim that respondents improperly failed to circulate a draft of the Secondary Study for public comment. We concluded in parts III.

With regard to the specific claim concerning respondents' failure to circulate a draft of the Secondary Study for public comment, CREED has not cited any authority, and we are aware of none, that would require respondents to take such action. The Secondary Study stated that it "was prepared in compliance with the requirements for an Initial Study" according to the Guidelines. Guidelines section , subdivision d outlines the requirements of an initial study. That section does not require that a draft initial study be circulated for public comment.

Accord Santa Teresa, supra, Cal. Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case. Home Browse Decisions Cal. He was last assigned to the Vista Detention Facility. Among his many accomplishments is a recognition and exemplary performance certificate for analyzing data and developing a concise presentation to the Grand Jury during the inspection of the Vista Detention Facility.

His easy to understand presentation was also adopted by other facilities during inspections. This is just one example of the dedicated service Deputy Creed provided to the people of San Diego County during his seven years of service. Sign up for the Rebound Newsletter and receive up to date information.