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City of Pleasanton
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2017
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110717
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/7/2017
DESTRUCT DATE
15Y
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conclusions. The first such finding is that "[c]hanges or alterations have been required in, or <br />incorporated into, the project which avoid or substantially lessen the significant environmental <br />effect as identified in the final EIR." (CEQA Guidelines §15091[a][1].) The second such finding <br />is that "[s]uch changes or alterations are within the responsibility and jurisdiction of another <br />public agency and not the agency making the finding. Such changes have been adopted by such <br />other agency or can and should be adopted by such other agency." (CEQA Guidelines <br />§15091[a][2].) The third potential conclusion is that "[s]pecific economic, legal, social, <br />technological, or other considerations, including provision of employment opportunities for <br />highly trained workers, make infeasible the mitigation measures or project alternatives identified <br />in the final EIR." (CEQA Guidelines §15091[a][3].) Public Resources Code §21061.1 defines <br />"feasible" to mean "capable of being accomplished in a successful manner within a reasonable <br />period of time, taking into account economic, environmental, social and technological factors." <br />CEQA Guidelines § 15364 adds another factor: "legal" considerations. (See also, Citizens of <br />Goleta Valley v. Board of Supervisors [1990] 52 Ca1.3d 553, 565 [Goleta II].) <br />The concept of "feasibility" also encompasses the question of whether a particular <br />alternative or mitigation measure promotes the underlying goals and objectives of a project. (City <br />of Del Mar v. City of San Diego [1982] 133 Cal.App.3d 410, 417.) ""[F]easibility' under CEQA <br />encompasses `desirability' to the extent that desirability is based on a reasonable balancing of the <br />relevant economic, environmental, social, and technological factors." (Ibid.; see also, Sequoyah <br />Hills Homeowners Assn. v. City of Oakland [1993] 23 Cal.App.4th 704, 715.) <br />The CEQA Guidelines do not define the difference between "avoiding" a <br />significant environmental effect and merely "substantially lessening" such an effect. The City <br />must therefore glean the meaning of these terms from the other contexts in which the terms are <br />used. Public Resources Code §21081, on which CEQA Guidelines §15091 is based, uses the term <br />"mitigate" rather than "substantially lessen." The CEQA Guidelines therefore equate "mitigating" <br />with "substantially lessening." Such an understanding of the statutory term is consistent with the <br />policies underlying CEQA, which include the policy that "public agencies should not approve <br />projects as proposed if there are feasible alternatives or feasible mitigation measures available <br />which would substantially lessen the significant environmental effects of such Projects." (Pub. <br />Res. Code §21002.) <br />For purposes of these findings, the term "avoid" refers to the effectiveness of one <br />or more mitigation measures to reduce an otherwise significant effect to a less -than -significant <br />level. In contrast, the term "substantially lessen" refers to the effectiveness of such measure or <br />measures to substantially reduce the severity of a significant effect, but not to reduce that effect to <br />a less -than -significant level. These interpretations appear to be mandated by the holding in Laurel <br />Hills Homeowners Association v. Planning Commission (1978) 83 Cal.App.3d 515, 519- 521, in <br />which the Court of Appeal held that an agency had satisfied its obligation to substantially lessen <br />or avoid significant effects by adopting numerous mitigation measures, not all of which rendered <br />the significant impacts in question less than significant. <br />Although CEQA Guidelines §15091 requires only that approving agencies specify <br />that a particular significant effect is "avoid[ed] or substantially lessen[ed]," these findings, for <br />purposes of clarity, in each case will specify whether the effect in question has been reduced to a <br />less -than -significant level, or has simply been substantially lessened but remains significant. <br />10 <br />
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