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Mayor and City Council <br />November 16, 2015 <br />Page 2 <br />The bullet points above make clear the broad extent of the record considered in this matter. <br />3. Should the City Council approve a project different from Staff's recommendation, but with fewer <br />than 50 units, the CEQA Findings of Fact and Mitigation Monitoring and Reporting Program for <br />the Lund Ranch II (PUD -25) Project, dated June 2015, and attached to the draft Resolution <br />adopting the same and labelled as Attachment 2 will be amended to include: <br />• CEQA Regulations section 150.88.5 requires an EIR to be recirculated when "significant <br />new information" is added to the EIR prior to certification. "Significant new <br />information" requiring recirculation can include a disclosure showing that a new <br />significant environmental impact would result from the project of from a new mitigation <br />measure proposed to be implemented, or a substantial increase in the severity of an <br />environmental impact would result unless mitigation measures are adopted that reduce <br />the impact to a level of insignificance. <br />• The City has reviewed the documents submitted by the Applicant regarding the scope of <br />impacts associated with the Project. Existing mitigation measures will address any <br />incremental in impacts stemming from [identify Council's approved project that varies <br />from Staff recommendation], the Project modifications will not result in any new or <br />substantially increased impacts beyond those already disclosed by the EIR, and therefore <br />recirculation of the EIR is not required. <br />• In light of the entire administrative record for the Project, the City finds that there is no <br />significant new information (within the meaning of CEQA) that requires recirculation of <br />the EIR. <br />4. The Ordinance Approving the PUD Rezoning and Development Plan (Attachment 3) is modified <br />to include the following recitals: <br />• Whereas, the Applicant, GHC Lund Ranch, LLC, seeks this PUD Rezoning in part to <br />ensure it complies with the City of Pleasanton's applicable zoning standards and criteria; <br />• Whereas, this rezoning is a legislative act of the Pleasanton City Council and no findings <br />are required. <br />5. The list of attachments at page 25 of 26 to the Agenda Report at Attachment 5 should refer to the <br />draft Ordinance approving the Development Agreement, not a draft resolution. <br />Also, attached is a copy of the October 26, 2015 letter from attorney Christian Cebrian of Cox Castle <br />Nicholson LLP, legal counsel for the Lund Ranch II developer. This letter was referred to following the <br />City Council's closed session of November 3, 2015, and is attached here in order that it is posted on the <br />City's website for public review along with the above revisions. <br />Attachment: October 26, 2015 letter from attorney Christian Cebrian of Cox Castle Nicholson LLP <br />