PC-2010-11, ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY

The impacts of the Open Space Alternative would be slightly less than those of the preferred project. The Open Space Alternative would have slightly fewer water supply, water quality, visual, noise, air quality, and traffic impacts, and would likely create more opportunities for wildlife habitat than the preferred project. The No Project (No Build) Alternative is considered a no project alternative, and CEQA requires the identification of an alternative other than the No Project Alternative as the environmentally superior alternative (see CEQA Guidelines, Section 15126.6(e)(2)). As explained on Draft SEIR page 123 and EIR pages 5-50-51, the Open Space Alternative would result in slightly fewer impacts than the preferred project, the proposed project, the Ice Center Alternative, and the Existing Specific Plan Alternative. Therefore, the Open Space Alternative would be considered environmentally superior to the preferred project and to the other alternatives. FINDINGS DEMONSTRATING WHY RECIRCULATION IS NOT REQUIRED CEQA Guidelines Section 15088.5 requires a lead agency to recirculate an EIR for further review and comment when significant new information is added to the EIR after public notice is given of the availability of the Draft EIR but before certification. New information includes: (i) changes to the project; (ii) changes in the environmental setting; or (iii) additional data or other information. Section 15088.5 further provides that "[n]ew information added to an EIR is not 'significant' unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement." Approval of the preferred project and the minor refinements thereto as presented in the Final SEIR would not result in any new significant environmental impacts or substantially more severe environmental impacts than as set forth in the Draft SEIR. Accordingly, recirculation of the SEIR is not required in light of these project refinements. Having reviewed the information contained in the Draft and Final EIRs, and Draft and Final SEIRs and in the administrative record as well as the requirements under CEQA Guidelines Section 15088.5 and interpretive judicial authority regarding recirculation of draft EIRs, the City hereby finds that no new significant information was added to the SEIR following public review, and thus recirculation of the SEIR is not required by CEQA. FINDINGS FOR SIGNIFICANT ENVIRONMENTAL IMPACTS IDENTIFIED IN THE EIR AS SUPPLEMENTED BY THE SEIR This section presents the preferred project's significant environmental impacts and feasible mitigation measures. Section 15091 of the State CEQA Guidelines (14 California Code of Regulations [CCR]) and Section 21081 of the Public Resources 17 Findings and Statement of Overriding Considerations