Laserfiche WebLink
The mandate and principles announced in Public Resources Code section 21002 are implemented, in part, <br /> through the requirement that agencies must adopt findings before approving projects for which EIRs are <br /> required. This mandate to adopt findings is found in Public Resources Code section 21081, subdivision <br /> (a),and CEQA Guidelines section 15091, subdivision(a). Under these provisions, for each significant <br /> environmental effect identified in an EIR for a Project,the approving agency must issue a written finding <br /> reaching one or more of three permissible conclusions. The first such finding is that changes or alterations <br /> have been required in,or incorporated into,the project which avoid or substantially lessen the significant <br /> environmental effect as identified in the final EIR. The second permissible finding is that such changes or <br /> alterations are within the responsibility and jurisdiction of another public agency and not the agency <br /> making the finding, and that such changes have been adopted by, or can and should be adopted by, such <br /> other agency. The third potential conclusion is that specific economic, legal, social,technological, or <br /> other considerations, including provision of employment opportunities for highly trained workers, make <br /> infeasible the mitigation measures or project alternatives identified in the final EIR. (CEQA Guidelines, § <br /> 15091.) "[F]easible"means capable of being accomplished in a successful manner within a reasonable <br /> period of time,taking into account economic, environmental, social, legal, and technological factors." <br /> (CEQA Guidelines, § 15364.) <br /> As set forth here,the City Council has adopted the first permissible finding with respect to all significant <br /> effects identified in the EIR, concluding that all such effects can be mitigated to less than significant <br /> levels. The City Council therefore has no need to consider the feasibility of any project alternatives. (Pub. <br /> Resources Code, § 21002;Laurel Hills Homeowners Association v. City Council(1978) 83 Cal.App.3d <br /> 515, 521 (Laurel Hills); see also Kings County Farm Bureau v. City of Hanford(1990)221 Cal.App.3d <br /> 692, 730-731; and Laurel Heights Improvement Association v. Regents of the University of California <br /> (1988)47 Ca1.3d 376, 400-403.) <br /> Under CEQA, where the significant impacts of a project cannot be avoided or substantially lessened, <br /> either by mitigation measures or a project alternative, a public agency, after adopting proper findings, <br /> may nevertheless approve the project if the agency first adopts a"statement of overriding considerations" <br /> setting forth the specific reasons that the agency found the project's benefits outweigh its unavoidable <br /> adverse environmental effects. (CEQA Guidelines, § 15093; Pub. Resources Code, § 21081, subd. (b).) <br /> Here, however, as noted above,the City of Pleasanton has identified and adopted feasible mitigation <br /> measures that mitigate all significant environmental impacts of the Project to less than significant levels. <br /> Thus,just as the City is not required to address the feasibility of alternatives, the City is also not required <br /> to adopt a Statement of Overriding Considerations for the Project. <br /> PROJECT DESCRIPTION <br /> GHC Lund Ranch LLC is requesting approval of a Planned Unit Development(PUD)development plan, <br /> which would allow the construction of a total of 50 residential units on the 195-acre Lund Ranch I1 <br /> property. On December 1, 2015,the City Council modified the proposed project to reduce the number of <br /> units to 48 and to require a second access to Sunset Creek Lane. 29 units would connect to Sunset Creek <br /> Land and 19 would connect to Lund Ranch Road. The project site is presently designated for Rural <br /> Density(1 dwelling unit per 5 gross acres)and Low Density(less than 2 dwelling units per gross acres) <br /> Residential uses. The subject property is zoned "PUD-LDR/OS," Planned Unit Development—Low <br /> Density Residential) District. <br /> Approval of the PUD application would result in the development of residential uses on approximately <br /> 22.7 acres of the Lund Ranch site. The proposed gross residential density for the site would be <br /> approximately 0.26 dwelling units per acre. The development proposal also includes the extension of <br /> Lund Ranch Road from its present terminus at the Lund Ranch property boundary to the southeast for <br /> LUND RANCH II(PUD-25)RESIDENTIAL PROJECT 2 FINDINGS <br />