11 ATTACHMENT 7 - Laserfiche WebLink

With the exception of two impacts (for which a Statement of Overriding Consideration is being recommended), the mitigation measures that have been outlined in the Draft EIR and in the Errata of the Final EIR mitigate any impacts described to less than significant. These impact reductions result in a project that staff views favorably. Accordingly, staff has recommended the Planning Commission likewise recommend approval of the project to the City Council. EIR Adequacy Staff believes that the Planning Commission may have concerns that the EIR may not be adequate in light of some of the testimony that the Commission heard. State law and the CEQA Guidelines set forth how adecision-making body should evaluate an EIR as to adequacy in order to be able to determine if that document is legally adequate: 15021. Duty to Minimize Environmental Damage and Balance Competing Public Objectives (a) CEQA establishes a duty for public agencies to avoid or minimize environmental damage where feasible. (1) In regulating public or private activities, agencies are required to give major consideration to preventing environmental damage. (2) A public agency should not approve a project as proposed if there are feasible alternatives or mitigation measures available that would substantially lessen any significant effects that the project would have on the environment. (b) In deciding whether changes in a project are feasible, an agency may consider specific economic, environmental, legal, social, and technological factors. (c) The duty to prevent or minimize environmental damage is implemented through the findings required by Section 15091. (d) CEQA recognizes that in determining whether and how a project should be approved, a public agency has an obligation to balance a variety of public objectives, including economic, environmental, and social factors and in particular the goal of providing a decent home and satisfying living environment for every Californian. An agency shall prepare a statement of overriding considerations as described in Section 15093 to reflect the ultimate balancing of competing public objectives when the agency decides to approve a project that will cause one or more significant effects on the environment. Note: Authority cited: Section 21083, Public Resources Code; Reference: Public Resources Code Sections 21000, 21001, 21002, 21002.1, and 21081; San Francisco PUD-33, Oak Grove Planned Unit Development Planning Commission Page 5