Laserfiche WebLink
(Draft SEIR, pp. 4.D-55 to 4.D-56.) <br />L. Alternatives <br />CEQA Guidelines § 15126(a) requires that an EIR describe a reasonable range of <br />alternatives that would obtain most of the basic project objectives but would avoid or substantially <br />lessen any of the significant environmental effects of the project, and that the EIR evaluate the <br />comparative merits of the alternatives. Case law indicates that the lead agency has the discretion to <br />determine how many alternatives constitute a reasonable range (Citizens of Goleta Valley v. Board <br />of Supervisors [1990] 52 Ca1.3d 553, 56); and that an EIR need not present alternatives that are <br />incompatible with fundamental project objectives (Save San Francisco Bay Association v. San <br />Francisco Bay Conservation & Development Commission [ 1992] 10 Cal.App. 4th 908). CEQA <br />Guidelines § 15126.6(0 states that the range of alternatives required in an EIR is governed by a <br />"rule of reason" that requires the EIR to set forth only those alternatives necessary to permit a <br />reasoned choice. <br />Additionally, CEQA Guidelines § 15126.6(a) provides that an EIR need not consider <br />alternatives that are infeasible. CEQA Guidelines §15126.6(0(1) provides that among the factors <br />that may be taken into account when addressing the feasibility of alternative are "site suitability, <br />economic viability, availability of infrastructure, general plan consistency, other plans or <br />regulatory limitations, jurisdictional boundaries, and whether the proponent can reasonably <br />acquire, control or otherwise have access to the alternative site." <br />Where a lead agency has determined that, even after the adoption of all feasible <br />mitigation measures, a project will still cause one or more significant environmental effects that <br />cannot be substantially lessened or avoided, the agency, prior to approving the project as mitigated, <br />must first determine whether, with respect to such impacts, there remain any project alternatives <br />that are both environmentally superior and feasible within the meaning of CEQA. Although an EIR <br />must evaluate this range of potentially feasible alternatives, an alternative may ultimately be <br />deemed by the lead agency to be "infeasible" if it fails to fully promote the lead agency's <br />underlying goals and objectives with respect to the project. <br />Under CEQA Guidelines §15126.6, the alternatives to be discussed in detail in an <br />EIR should be able to "feasibly attain most of the basic objectives of the project[.]" The objectives <br />of the proposed Zone described above provided the framework for defining possible alternatives. <br />The alternatives included and evaluated in the SEIR meet those basic objectives. <br />The significant impacts of the proposed Zone are related to the intensity of <br />development. Thus, project alternatives, except the required No Project Alternative, include <br />development programs that are lower in intensity than the proposed Zone. <br />The City finds that a good faith effort was made to evaluate all feasible alternatives <br />in the EIR that are reasonable alternatives to the proposed Zone, and that could feasibly obtain the <br />basic objectives of the Zone. As a result, the scope of alternatives analyzed in the EIR is not <br />unduly limited or narrow. The City also finds that all reasonable alternatives were reviewed, <br />analyzed, and discussed in the review process of the EIR. <br />Alternative 1: No Project Alternative <br />Alternative 1, the No Project Alternative, would result in development consistent <br />53 <br />