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02 ATTACHMENT 1
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2023
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012623 SPECIAL
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02 ATTACHMENT 1
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1/20/2023 5:43:46 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
1/26/2023
DESTRUCT DATE
15Y
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\CITY CLERK\AGENDA PACKETS\2023\012623 SPECIAL
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City of Pleasanton 2023-2031 (6th Cycle) Housing Element Update <br />CEQA Findings of Fact and Statement of Overriding Considerations <br /> <br /> <br />FirstCarbon Solutions 7 <br />Https://adecinnovations.sharepoint.com/sites/PublicationsSite/Shared Documents/Publications/Client (PN-JN)/2148/21480022/FOF/21480022 Pleasanton Housing Element FOF.docx <br />1.4.1 - Disagreement Among Experts <br />As reflected in comments, there are disagreement among various parties regarding particular <br />conclusions in the Program EIR. CEQA and relevant case law interpreting the CEQA statute and <br />Guidelines provide the standards for treating disagreement among experts in the context of an EIR, <br />as follows: Where evidence and opinions conflict on an issue concerning the environment, and the <br />lead agency knows of these controversies in advance, the Program EIR and/or related findings must <br />acknowledge the controversies, summarize the conflicting opinions of the experts, and include <br />sufficient information on the controversy. In making a decision on a project where there is <br />disagreement among experts, the lead agency is not obligated to select the viewpoint that purports <br />to be the most environmentally sensitive. Instead, decision-makers are vested with the discretion to <br />weigh expert opinion and choose which they intend to rely on and are not required to resolve a <br />dispute among experts. In their proceedings, decision-makers must consider comments received <br />concerning the adequacy of the Program EIR and address any objections raised in these comments. <br />However, decision-makers are not obligated to follow any directives, recommendations, or <br />suggestions presented in comments on an EIR, and can certify an EIR without needing to resolve <br />disagreements among experts. <br />In making its decision to certify the Program EIR and approve the Housing Element Update, the City <br />of Pleasanton recognizes that a range of technical and scientific opinion exists with respect to certain <br />environmental issues, particularly with respect to water supply impacts and analysis of density <br />bonus units. The lead agency has acquired a comprehensive and well-rounded understanding of the <br />range of this technical and scientific opinion by its review of the Program EIR; as well as by its review <br />of the information provided by the experts who prepared the Program EIR; the lead agency's other <br />consultants and its staff; along with testimony, letters, reports, and other relevant materials in the <br />administrative record, as well as its own experience and expertise in these matters. The materials <br />reviewed by the lead agency include conflicting expert opinions and conflicting statements of facts, <br />as well as other comments on the environmental issues set forth in the Program EIR. This <br />comprehensive review has enabled the lead agency to make its decisions after weighing and <br />considering the various viewpoints on these important issues, and the lead agency has made <br />determinations of significant effects based on substantial evidence, not public controversy or <br />speculation. Accordingly, the lead agency hereby certifies that its Findings and determinations are <br />based on all of the evidence contained in the Program EIR, as well as the evidence and other <br />information in the record addressing the environmental impacts of development consistent with the <br />Housing Element Update, and hereby elects to rely on the analysis and evidence set forth in the <br />Program EIR. <br />The Program EIR is incorporated into these Findings in its entirety. Without limitation, this <br />incorporation is intended to elaborate on the scope and nature of mitigation measures, the basis for <br />determining the significance of impacts, the comparative analysis of alternatives, and the reasons for <br />approving the Housing Element Update in spite of the potential for associated significant and <br />unavoidable adverse impacts.
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