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3_Exhibit C
City of Pleasanton
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2020 - PRESENT
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02-22
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3_Exhibit C
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2/16/2023 1:30:15 PM
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2/16/2023 1:15:47 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/22/2023
DESTRUCT DATE
15Y
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\BOARDS AND COMMISSIONS\PLANNING\AGENDA PACKETS\2020 - PRESENT\2023\02-22
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CEQA Guidelines section 15088.5 requires a lead agency to recirculate an EIR <br />for further review and comment when significant new information is added to the EIR after public <br />notice is given of the availability of the Draft EIR but before certification. New information added <br />to an EIR is not "significant" unless the EIR is changed in a way that deprives the public of a <br />meaningful opportunity to comment upon a substantial adverse environmental effect of the <br />project or a feasible way to mitigate or avoid such an effect that the project proponent declines <br />to implement. The CEQA Guidelines provide examples of significant new information under this <br />standard. Recirculation is not required where the new information added to the EIR merely <br />clarifies or amplifies or makes insignificant modifications to an adequate EIR. The City finds <br />that although changes have been made to the DSEIR, the FSEIR does not contain significant <br />new information as defined in the CEQA Guidelines and additional recirculation of the SEIR is <br />not required. <br />F. Certification of the SEIR <br />In accordance with CEQA Guidelines section 15090(a)(1), the City Council, as <br />lead agency, finds and certifies that the SEIR has been completed in compliance with CEQA <br />and the CEQA Guidelines. The City Council further finds and certifies that it has reviewed and <br />considered the information in the SEIR prior to adopting or approving any element of or <br />entitlement for the Project and that the Final SEIR reflects the City Council's independent <br />judgment. Similarly, the City Council finds that it has reviewed the record of proceedings and <br />the SEIR prior to approving any element of or entitlement for the Project. By making these <br />findings, the City Council confirms, ratifies and adopts the findings and conclusions of the SEIR, <br />as supplemented and modified by the findings contained herein. The SEIR and these findings <br />represent the independent judgment and analysis of the City and the City Council. <br />The City Council further certifies that the SEIR is adequate to support the <br />approval/adoption of all Project components. <br />G. Mitigation Monitoring and Reporting Program <br />A Mitigation Monitoring and Reporting Program (MMRP), which is included in <br />Table 6-1 of chapter 6 of the Final SEIR, was prepared for the Project and was adopted by the <br />City Council by the same resolution that has adopted these findings. (See Pub. Resources <br />Code, § 21081.6, subd. (a)(1); CEQA Guidelines, § 15097.) The City will use the MMRP to <br />ensure and track compliance with Project mitigation measures. The MMRP will remain <br />available for public review during the compliance period. <br />H. Findings Required Under CEQA <br />Public Resources Code section 21002 provides that "public agencies should not <br />approve projects as proposed if there are feasible alternatives or feasible mitigation measures <br />available which would substantially lessen the significant environmental effects of such <br />projects[.]" Section 21002 also states that the procedures required by CEQA "are intended to <br />assist public agencies in systematically identifying both the significant effects of proposed <br />projects and the feasible alternatives or feasible mitigation measures which will avoid or <br />substantially lessen such significant effects." Section 21002 goes on to state that "in the event <br />that] specific economic, social, or other conditions make infeasible such project alternatives or <br />such mitigation measures, individual projects may be approved in spite of one or more <br />significant effects thereof."
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