RES 12492 - Laserfiche WebLink

CEQA Guidelines section 15088.5 requires a lead agency to recirculate an EIR for further review and comment when significant new information is added to the EIR after public notice is given of the availability of the Draft EIR but before certification. New information added to an EIR is not "significant" unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect that the project proponent declines to implement. The CEQA Guidelines provide examples of significant new information under this standard. Recirculation is not required where the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications to an adequate EIR. The City finds that although changes have been made to the DSEIR, the FSEIR does not contain significant new information as defined in the CEQA Guidelines and additional recirculation of the SEIR is not required. F. Certification of the SEIR In accordance with CEQA Guidelines section 15090(a)(1), the City Council, as lead agency, finds and certifies that the SEIR has been completed in compliance with CEQA and the CEQA Guidelines. The City Council further finds and certifies that it has reviewed and considered the information in the SEIR prior to adopting or approving any element of or entitlement for the Project and that the Final SEIR reflects the City Council's independent judgment. Similarly, the City Council finds that it has reviewed the record of proceedings and the SEIR prior to approving any element of or entitlement for the Project. By making these findings, the City Council confirms, ratifies and adopts the findings and conclusions of the SEIR, as supplemented and modified by the findings contained herein. The SEIR and these findings represent the independent judgment and analysis of the City and the City Council. The City Council further certifies that the SEIR is adequate to support the approval/adoption of all Project components. G. Mitigation Monitoring and Reporting Program A Mitigation Monitoring and Reporting Program (MMRP), which is included in Table 6-1 of chapter 6 of the Final SEIR, was prepared for the Project and was adopted by the City Council by the same resolution that has adopted these findings. (See Pub. Resources Code, § 21081.6, subd. (a)(1); CEQA Guidelines, § 15097.) The City will use the MMRP to ensure and track compliance with Project mitigation measures. The MMRP will remain available for public review during the compliance period. H. Findings Required Under CEQA Public Resources Code section 21002 provides that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]" Section 21002 also states that the procedures required by CEQA "are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects." Section 21002 goes on to state that "in the event [that] specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof."