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20 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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2009
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072109
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20 ATTACHMENTS
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7/14/2009 12:03:38 PM
Creation date
7/14/2009 12:00:20 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/21/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
20 ATTACHMENTS
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FINDINGS DEMONSTRATING WHY RECIRCULATION IS NOT REQUIRED <br /> CEQA requires recirculation of an EIR when significant new information is added prior to <br /> the lead agency's certification of the EIR. However, this requirement is not intended "to <br /> promote endless rounds of revision and recirculation of EIRs. Recirculation is intended to <br /> be the exception, rather than the general rule." (Laurel Heights Improvement Assn. v. <br /> Regents of University of California (1993) 6 Ca1.4th 1112, 1132, see also Public Res. <br /> Code 21092.1 and CEQA Guidelines §15088.5.) Accordingly, "changes in the project <br /> or environmental setting as well as additional data or other information," are not, absent <br /> some additional finding, considered "significant new information" requiring recirculation. <br /> (CEQA Guidelines 15088.5(a).) Further, "recirculation is not required where the new <br /> information added to the EIR merely clarifies or amplifies or makes insignificant <br /> modifications to an adequate EIR." (CEQA Guidelines 15088.5(b).) <br /> The proposed General Plan added new information regarding greenhouse gas emissions <br /> as it became available. However, this information did not change the impacts as <br /> analyzed in the Draft EIR and did not result in any new significant impacts. Therefore, <br /> the EIR does not require recirculation. <br /> STATEMENT OF OVERRIDING CONSIDERATIONS <br /> The City has determined to approve the Pleasanton General Plan 2005 -2025 because it <br /> would meet all of the City's objectives for this project. This statement of overriding <br /> considerations presents the City's determination that the General Plan's objectives <br /> outweigh the anticipated significant environmental impact of the proposed General Plan <br /> for which no mitigation is being imposed (either because the mitigation conflicts with other <br /> General Plan policies or because the mitigation is infeasible) and outweigh the significant <br /> and unavoidable environmental impact of the proposed General Plan for which no <br /> mitigation is feasible, as identified in the previous section and the EIR. <br /> Significant Environmental Impacts of the Proposed Project for which No <br /> Mitigation Measure is Being Imposed <br /> The previous section and the EIR identify the following significant impacts of the proposed <br /> project, the Pleasanton General Plan 2005 -2025 for which no mitigation measure is being <br /> imposed: <br /> Transportation: Increased motor vehicle traffic due to implementation of the proposed <br /> General Plan buildout would cause an increase in traffic at study <br /> intersections that would be substantial in relation to the existing traffic <br /> load and capacity of the street system. <br /> Significant and Unavoidable Environmental Impacts of the Proposed Project <br /> The previous section and the EIR identify the following significant and unavoidable impact <br /> of the proposed project, the Pleasanton General Plan 2005 -2025: <br /> Exhibit D 9 <br />
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