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09
City of Pleasanton
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5/29/2013 1:13:30 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/4/2013
DESTRUCT DATE
15Y
DOCUMENT NO
09
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CEQA Guidelines section 15088.5 requires a lead agency to recirculate an EIR <br /> for further review and comment when significant new information is added to the EIR after public <br /> notice is given of the availability of the Draft EIR but before certification. New information added <br /> to an EIR is not "sign cant° unless the EIR is changed in a way that deprives the public of a <br /> meaningful opportunity to comment upon a substantial adverse environmental effect of the <br /> project or a feasible way to mitigate or avoid such an effect that the project proponent declines <br /> to implement. The CEQA Guidelines provide examples of significant new information under this <br /> standard. Recirculation is not required where the new information added to the EIR merely <br /> clarifies or amplifies or makes insignificant modifications to an adequate EIR. The City finds <br /> that although changes have been made to the DSEIR, the FSEIR does not contain significant <br /> new information as defined in the CEQA Guidelines and additional recirculation of the SEIR is <br /> not required. <br /> F. Certification of the SEIR <br /> In accordance with CEQA Guidelines section 15090(a)(1), the City Council, as <br /> lead agency, finds and certifies that the SEIR has been completed in compliance with CEQA <br /> and the CEQA Guidelines. The City Council further finds and certifies that it has reviewed and <br /> considered the information in the SEIR prior to adopting or approving any element of or <br /> entitlement for the Project and that the Final SEIR reflects the City Council's independent <br /> judgment. Similarly, the City Council finds that it has reviewed the record of proceedings and <br /> the SEIR prior to approving any element of or entitlement for the Project. By making these <br /> findings, the City Council confirms, ratifies and adopts the findings and conclusions of the SEIR, <br /> as supplemented and modified by the findings contained herein. The SEIR and these findings <br /> represent the independent judgment and analysis of the City and the City Council. <br /> The City Council further certifies that the SEIR is adequate to support the <br /> approval/adoption of all Project components. <br /> G. Mitigation Monitoring and Reporting Program <br /> A Mitigation Monitoring and Reporting Program (MMRP), which is included in <br /> Table 6-1 of chapter 6 of the Final SEIR, was prepared for the Project and was adopted by the <br /> City Council by the same resolution that has adopted these findings. (See Pub. Resources <br /> Code, § 21081.6, subd. (a)(1); CEQA Guidelines, § 15097.) The City will use the MMRP to <br /> ensure and track compliance with Project mitigation measures. The MMRP will remain <br /> available for public review during the compliance period. <br /> H. Findings Required Under CEQA <br /> Public Resources Code section 21002 provides that "public agencies should not <br /> approve projects as proposed if there are feasible alternatives or feasible mitigation measures <br /> available which would substantially lessen the significant environmental effects of such <br /> projectsf.]" Section 21002 also states that the procedures required by CEQA "are intended to <br /> assist public agencies in systematically identifying both the significant effects of proposed <br /> projects and the feasible alternatives or feasible mitigation measures which will avoid or <br /> substantially lessen such significant effects." Section 21002 goes on to state that "in the event <br /> [that) specific economic, social, or other conditions make infeasible such project alternatives or <br /> such mitigation measures, individual projects may be approved in spite of one or more <br /> significant effects thereof." <br />
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