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09
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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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Although CEQA Guidelines section 15091 requires only that approving agencies <br /> specify that a particular significant effect is "avoid[edj or substantially lessen(ed],"these findings, <br /> for purposes of clarity, in each case will specify whether the effect in question has been reduced <br /> to a less-than-significant level, or has simply been substantially lessened but remains <br /> significant. <br /> Moreover, although section 15091, read literally, does not require findings to <br /> address environmental effects that an EIR identifies as merely "potentially significant," these <br /> findings will nevertheless fully account for all such effects identified in the Final EIR. <br /> CEQA requires that the lead agency adopt mitigation measures or alternatives, <br /> where feasible, to substantially lessen or avoid significant environmental impacts that would <br /> otherwise occur. Project modification or alternatives are not required, however, where such <br /> changes are infeasible or where the responsibility for modifying the Project lies with some other <br /> agency. (CEQA Guidelines, § 15091, subd. (a), (b).) <br /> With respect to a project for which significant impacts are not avoided or <br /> substantially lessened, a public agency, after adopting proper findings, may nevertheless <br /> approve the project if the agency first adopts a statement of overriding considerations setting <br /> forth the specific reasons why the agency found that the project's "benefits" rendered <br /> "acceptable" its "unavoidable adverse environmental effects." (CEQA Guidelines, §§ 15093, <br /> 15043, subd. (b); see also Pub. Resources Code, § 21081, subd. (b).) The California Supreme <br /> Court has stated, "[t]he wisdom of approving . . . any development project, a delicate task which <br /> requires a balancing of interests, is necessarily left to the sound discretion of the local officials <br /> and their constituents who are responsible for such decisions. The law as we interpret and <br /> apply it simply requires that those decisions be informed, and therefore balanced." (Goleta II, <br /> supra, 52 Cal.3d at p. 576.) <br /> These findings constitute the City Council members' best efforts to set forth the <br /> evidentiary and policy bases for its decision to approve the Project in a manner consistent with <br /> the requirements of CEQA. To the extent that these findings conclude that various proposed <br /> mitigation measures outlined in the Final SEIR are feasible and have not been modified, <br /> superseded or withdrawn, the City hereby binds itself to implement these measures. These <br /> findings, in other words, are not merely informational, but rather constitute a binding set of <br /> obligations that will come into effect when the City Council adopts a resolution approving the <br /> Project. <br /> I. No or Less Than Significant Impacts Without Mitigation <br /> Based on the discussion in Sections 4 and 6.E of the Draft SEIR, and other <br /> supporting information in the record, the City Council finds that the Project would have no or a <br /> less than significant impact associated with the specific issues identified below. As a result, no <br /> mitigation measures were determined to be needed to address the following: <br /> 1. Aesthetics <br /> The Project would not significantly damage scenic resources, including, but not <br /> limited to, trees, rocks, outcroppings, and historic buildings within a state scenic highway. (Draft <br /> SEIR, pp. 4.A-15 to 4.A-16; Impact 4.A-2.) <br /> The Project would not significantly degrade the existing visual character or <br /> quality of the Planning Area. (Draft SEIR, pp. 4.A-17 to 4.A-19; Impact 4.A-3.) <br />
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