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.1 THE CITY OF i.nusimomi fins. o 111cin =Mil I f fLIEASANTON® Provided to the City Coun�cIAL MEMORANDUM il After Distribution of Packet Date at Comic,/ lefin Date: November 7, 2017 9 To: Mayor and City Counci t- Via: Nelson Fialho From: Gerry Beaudin, Director of Community Development Subject: Item 14. PUD-105 and P14-0852 Johnson Drive Economic Development Zone (JDEDZ) This memo was prepared to address comments staff received regarding the JDEDZ(the Zone) from Matt Sullivan (MS Comment) on November 6,2017,after publication of the staff report. Some comments were previously submitted and addressed in the City's Final SEIR for the project, as noted. The City is proposing the establishment of the Zone. The Draft Supplemental Environmental Impact Report (Draft SEIR)for the proposed Zone was published on September 14,2015, for a public review period ending November 23,2015.The California Environmental Quality Act(CEQA) Guidelines indicate that a Final EIR should address comments on the Draft EIR submitted during the public comment period. The Final Supplemental Environmental Impact Report(Final SEIR) for the Zone, including responses to comments submitted during the Draft SEIR public review period,was completed and made available for public review March,2016. 1. MS Comment: The City's complete failure to include an economic impact/urban decay analysis in the Draft SEIR rendered that document "basically and fundamentally inadequate"under CEQA. The City was therefore required to circulate its EIA -which appeared for the first time in Appendix A of the Final SEIR- for public review and comment per Sec. 15088.5 of the CEQA Guidelines. In addition, the EIA appears to be fundamentally flawed for the reasons laid out in the Civic Economics critique (which was submitted to the City Council in September and attached here for your convenience). In sum, the City's analysis of the JDEDZ economic and urban decay impacts is legally deficient under CEQA. Response: The comment indicates recirculation of the Draft SEIR is required, and reiterates the Civic Economics critique of the Economic Impact Analysis presented in Appendix A of the Final SEIR. Recirculation of a Draft EIR prior to certification is required only when"significant new information is added to the EIR after public notice is given of the availability of the Draft EIR for public review under Section 15087 but before certification"(Pub. Res. Code §21092.1; CEQA Guidelines §15088.5).The term "information"can refer to "changes in the environmental setting as well as additional data or other information"(CEQA Guidelines §15088.5). "Significant new information" is defined as a disclosure showing that: