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- EIR written comment period ends May 27 at 5 PM
- Staff and RBF consultants respond to comments.
- The lead agency must prepare a written response to timely comments on environmental issues received from person who reviewed the draft EIR. The lead agency is not required to respond to late comments.
- All studies related to the project will be published and available to the public..
- Public hearing: date set by city staff.
- An EIR is an informational document providing information to assist the agency in making decisions on the project, but does not control the agency’s exercise of discretion any more than other information in the record before the agency. 14 Cal. Admin. Code 15121, Environmental Council of Sacramento v. Board of Supervisors (1982) CA3d 428.
- The information in the EIR serves to inform the agency about the environmental effects of the project, to serve as an alarm bell to the public (County of Inyo v. Yorty (1973) CA3d 795, to provide a vehicle for interagency consultation, and to provide a device for changing projects. 14 Cal. Admin Code 15002(h).
- The final EIR is the completed EIR presented to the agency decision makers for consideration in reaching a decision on the project. It includes all the subjects required to be in the draft EIR. Additional information may be attached to the draft EIR or the draft EIR may be extensively revised in preparing the final EIR. The final EIR must contain the following items of information:
- (a) Comments and recommendations received on the draft EIR either verbatim or in summary,
- (b) A list of persons, organizations, and public agencies commenting on the draft EIR.
- © The responses of the Lead Agency to significant environmental points raised in the review and consultation process. 14Cal. Admin. Code 15132.
- The lead agency must make two certifications at the end of its EIR process. The first is to certify that the final EIR has been completed in compliance with CEQA. The second is to certify that the decision making body or administrative official having final approval authority over the project has reviewed and considered the information contained in the final EIR prior to approving the project. A decision on the adequacy of an EIR may be reconsidered up to the time action is taken on the underlying project proposal without violating the requirements of review, public comment and consultation.
- For any significant environmental effects for which there is not an alternative or mitigation measure available to substantially lessen the effect, the agency must make one or more specified “findings” supported by substantial evidence in the record.
- If the EIR is approved, the city council will look at “entitlements” and approve or disapprove a conditional use permit (CUP), the right of Poseidon to build a desal plant under stated conditions.
- If approved, the proposal goes before the Coastal Commission to seek a Coastal Development Permit (CDP).
- Other government agencies must also approve.
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