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RES 17976
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RES 17976
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12/7/2017 9:31:19 AM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
11/7/2017
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DOCUMENT NO
17976
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f t <br /> Council or City staff as part of the City files generated in connection with the proposed Zone. <br /> Without exception, any documents set forth above not found in the City's files for the proposed <br /> Zone fall into one of two categories. Many of them reflect prior planning or legislative decisions <br /> with which the City Council was aware in approving the Zone. (See City of Santa Cruz v. Local <br /> Agency Formation Commission [1978] 76 Cal.App.3d 381, 391-392; Dominey v. Department of <br /> Personnel Administration [1988] 205 Cal.App.3d729, 738, fn. 6.) Other documents influenced the <br /> expert advice provided to City staff or consultants, who then provided advice to the City Council. <br /> For that reason, such documents form part of the underlying factual basis for the City Council's <br /> decisions relating to the adoption of the proposed Zone. (See Pub. Res. Code, §21167.6[e][10]; <br /> Browning-Ferris Industries v. Planning Commission of City of San Jose [1986] 181 Cal.App.3d <br /> 852, 866; Stanislaus Audubon Society, Inc. v. County of Stanislaus [1995] 33 Cal.App.4th 144, <br /> 153, 155.) <br /> E. Environmental Review of the Project <br /> Pursuant to CEQA and the CEQA Guidelines,the City determined that a <br /> Supplement to the 2009 General Plan EIR and to the 2012 SEIR for the City's proposed Housing <br /> Element and Climate Action Plan should be prepared to analyze the potential environmental <br /> impact of the proposed Zone. A Notice of Preparation("NOP") describing the proposed Zone <br /> and issues to be addressed in the SEIR was distributed to responsible agencies,trustee agencies, <br /> and other state agencies through the State Clearinghouse; and to other interested parties and <br /> posted between August 27, 2014 and September 25, 2014. <br /> The Draft Supplemental EIR("Draft SEIR") was prepared and circulated for a 45- <br /> day public review period beginning September 14, 2015; the public review period was extended, <br /> ending November 23, 2015.The Planning Commission held a public hearing to receive public <br /> input on the Draft SEIR on September 23,2015. Community meetings were also held to receive <br /> public input on the Draft SEIR on October 22 and November 12, 2015. <br /> Following the close of the public review period, responses to all comments <br /> received on the Draft SEIR during the public review period were prepared, which in some cases <br /> required revisions to the Draft SEIR intended to correct, clarify, and amplify the Draft SEIR. The <br /> response to comments, changes to the Draft SEIR and additional information have been <br /> incorporated into the Final Supplemental EIR("Final SEIR"). <br /> CEQA Guidelines §15088.5 requires a lead agency to recirculate an EIR for <br /> further review and comment when significant new information is added to the EIR after public <br /> notice is given of the availability of the Draft ER but before certification.New information added <br /> to an EIR is not"significant"unless the EIR is changed in a way that deprives the public of a <br /> meaningful opportunity to comment upon a substantial adverse environmental effect of the <br /> project or a feasible way to mitigate or avoid such an effect that the project proponent declines to <br /> implement. The CEQA Guidelines provide examples of significant new information under this <br /> standard. Recirculation is not required where the new information added to the EIR merely <br /> clarifies or amplifies or makes insignificant modifications to an adequate Ea. <br /> On behalf of the City, ESA conducted a review of the Final SEIR to determine <br /> whether new information has arisen that could trigger the recirculation of the SEIR prior to the <br /> City's consideration of it for certification. This review concluded that recirculation was not <br /> 8 <br />
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