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SUPPLEMENTAL MATERIAL
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SUPPLEMENTAL MATERIAL
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8/13/2025 2:43:59 PM
Creation date
3/18/2025 2:36:11 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/18/2025
EXPIRATION DATE
3/18/2045
DESTRUCT DATE
15Y
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November 8, 2024 <br />Page 10 <br /> <br />7357-013acp <br /> printed on recycled paper <br />violations of law.50 The court held that the piecemeal review “failed to take into <br />account the cumulative impacts from the overall project, which… warranted full <br />environmental review.”51 The court held that this approach violated CEQA because <br />“Arviv was attempting to go around the rules by developing in a piecemeal fashion <br />in order to take advantage of environmental exemptions…”52 Similarly here, the <br />County has impermissibly piecemealed its environmental review of this Project <br />from the Senior East County Lakes Project. The court in Arviv explained that: <br /> <br />This entire case is the direct result of inadequate, or misleading, project <br />descriptions. In other words, it is entirely possible a two-house project— <br />located somewhere other than the steep slopes of the Mulholland Scenic <br />Parkway Area—may in fact have a de minimus, or mitigatable, effect on the <br />local environment. However, Arviv never intended a two or three house <br />project. As he admitted at the hearing before the Commission, he always <br />envisioned a 21-house development. <br /> <br />The significance of an accurate project description is manifest, where, as <br />here, cumulative environmental impacts may be disguised or minimized by <br />filing numerous, serial applications.53 <br /> <br />By the time the Commission made its decision the record before it contained <br />substantial evidence of environmental impacts regarding all the projects. For <br />example, it heard concrete evidence of problems neighboring residents had <br />encountered from construction of the first five homes on Woodstock Road. <br />Residents and representatives from homeowners associations described mud <br />slides, rockslides, soil erosion and other slope failures which occurred during <br />grading for the constructed homes. The relevant personal observations of <br />these residents alone constitutes substantial evidence of environmental <br />impacts.54 <br /> <br />Here, substantial evidence in the record and from EBRRD’s expert <br />consultants demonstrates that the Arroyo Lago and Senior East County Lakes <br />Project are part of a single overarching development which will result in significant <br />individual and cumulative impacts. The County must prepare a single EIR to <br />address the combined impacts of the Arroyo Lago and Senior East County Lakes <br /> <br />50 Arviv, supra, at 1346. [The five existing houses exceeded the height restrictions of the Mulholland <br />Scenic Parkway Specific Plan, the Hillside ordinance, as well as the height limitations specified in <br />the permits issued by the City.] <br />51 Id. at 1342. <br />52 Id at 1340. <br />53 Id. at 1346. <br />54 Id.
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