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RES 17976
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RES 17976
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CITY CLERK
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RESOLUTIONS
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11/7/2017
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17976
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environmental effects that an EIR identifies as merely"potentially significant,"these findings will <br /> nevertheless fully account for all such effects identified in the SEIR. <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[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 approve <br /> the project if the agency first adopts a statement of overriding considerations setting forth the <br /> specific reasons why the agency found that the project's "benefits"rendered "acceptable" its <br /> "unavoidable adverse environmental effects." (CEQA Guidelines §§15093, 15043[b]; see also, <br /> Pub. Res. Code §21081[b].) The California Supreme Court has stated, "[t]he wisdom of. <br /> approving . . . any development project, a delicate task which requires a balancing of interests, is <br /> necessarily left to the sound discretion of the local officials and their constituents who are <br /> responsible for such decisions. The law as we interpret and apply it simply requires that those <br /> decisions be informed, and therefore balanced." (Goleta II, supra, 52 Cal.3d at p. 576.) <br /> These findings constitute the City Council's best efforts to set forth the <br /> evidentiary and policy bases for its decision to approve the proposed Zone in a manner <br /> consistent with the requirements of CEQA. To the extent that these findings conclude that <br /> various proposed mitigation measures outlined in the Final SEIR are feasible and have not been <br /> modified, superseded or withdrawn, the City hereby binds itself to implement these measures. <br /> These findings, in other words, are not merely informational, but rather constitute a binding set <br /> of obligations that will come into effect when the City Council adopts a resolution approving <br /> the proposed Zone. <br /> I. No or Less Than Significant Impacts Without Mitigation <br /> Based on the discussions in Chapter 4 and Section 6.E of the Draft SEIR, and other <br /> supporting information in the record, the City Council finds that the proposed Zone would have no <br /> or a less than significant impact associated with the specific issues identified below. As a result, <br /> no mitigation measures were determined to be needed to address the following: <br /> 1. Aesthetics <br /> Impact 4.A-1: The proposed Zone would not cause significant new adverse <br /> impacts on scenic vistas. (Draft SEIR,pp. 4.A-17 to 4.A-23) <br /> Impact 4.A-2: The proposed Zone would not cause significant damage to scenic <br /> resources, including, but not limited to, trees, rocks, outcroppings, and historic buildings within a <br /> state scenic highway. (Draft SEIR,pp. 4.A-23 to 4.A-24) <br /> Impact 4.A-3: The proposed Zone would not cause significant degradation <br /> to existing visual character or quality. (Draft SEIR,pp. 4.A-24 to 4.A-25) <br /> 11 <br />
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