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SR 05:062
City of Pleasanton
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2005
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SR 05:062
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2/24/2005 10:37:42 AM
Creation date
2/24/2005 9:37:35 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
3/1/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:062
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[imit [ 6e foregoing, t~e Parties s[tall follow the implementation procedure and schedule set <br />forth below: <br /> <br /> 2.1. Review and Adoption of an Amended Use Permit. Upon execution of <br />this Agreement by all Parties, the Board will instmct County staff to proceed with any necessary <br />environmental review to evaluate whether approval of the Amended Use Permit will result in any <br />new significant impacts and otherwise respond to the trial court's decision in the Consolidated <br />Lawsuits. The actions in this subsection do not commit the County to any particular course of <br />action with regard to the terms in the Amended Use Permit. <br /> <br /> 2.1.1. County staff, and such environmental consultants as County staff <br />determines are appropriate, will complete an appropriate level of environmental review for the <br />Amended Use Permit under CEQA. <br /> <br /> 2.1.2. The Parties and their counsel will have an opportunity to review <br />the scope of work for the environmental document and an administrative draft, and shall <br />endeavor to develop a mutually agreeable environmental document that complies with CEQA <br />and adequately responds to the trial court's decision in the Consolidated Lawsuits. <br /> <br /> 2.1.3. The environmental document is currently anticipated to be a <br /> revised final EIR, or a separate volume to be included with the prior EIR volumes as a revised <br /> final volume. <br /> <br /> 2.1.4. Following appropriate notice, the Board will schedule a hearing to <br /> consider approval of the Amended Use Permit. <br /> <br /> 2.1.5. If, as a result of the public hearing process or for any other reason, <br /> the County proposes to or makes any change in the draft Amended Use Permit that would cause <br /> the New Permit to be inconsistent in any material respect with this Agreement, including without <br /> limitation the provisions of Exhibit "A" hereto, the Parties shall meet and confer in good faith <br /> with the goal of eliminating such inconsistency. The Parties shall take the following steps to <br /> attempt to resolve any differences regarding changes or proposed changes in the Amended Use <br /> Permit: <br /> <br /> 2.1.5.1. The Parties may agree to the proposed change or <br /> changes. <br /> <br /> 2.1.5.2. If all Parties do not agree to the proposed change or <br /> changes, the Parties shall endeavor to develop a mutually agreeable alternative for <br /> recommendation to the Board. <br /> <br /> 2.1.5.3. If the Board does not approve an Amended Use Permit <br /> that is consistent in all materials respects with this Agreement, or with changes agreed to by all <br /> Parties, the provisions of Section 2.2.3 shall apply. <br /> <br /> 2.1.6. If the Board approves the Amended Use Permit, having first <br /> certified a revised final EIR, then the Board will instruct County staff to prepare a revised return <br /> to the writ to be filed with the trial court. <br /> <br /> 4 <br /> Final AItamont Settlement Agreement <br /> <br /> <br />
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