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CC Min 1989-02-27
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CC Min 1989-02-27
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5/16/2011 9:23:28 AM
Creation date
10/27/2004 2:27:38 PM
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CC Index
CC Index - Document Type
Minutes
Date
2/27/1989
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Item No. 6 (continued) <br />10. On November 15, .,198,8 ,. a motion to certify the FEIR as <br />completed failed to obtain 'a majority vote at the Planning <br />Commission. Thereafter, the Commission passed and adopted a <br />motion to continue consideration of the question of certification <br />to a subsequent meeting. <br />11. Appellants contend that the initial failure to certify <br />the FEIR was inconsistent with the Commission's later <br />certification (Ltr. of App., para. 2, p. 1). Such contention is <br />without merit because the Commission merely deferred action to <br />permit further review of the FEIR (Staff Report, Planning <br />Commission, Agenda Item 3, meeting of 12/6/88). Further, a <br />motion to certify the FEIR as completed in compliance with CEQA <br />was duly passed and carried at the Planning Commission meeting of <br />December 6, 1988, superseding all prior motions. <br />12. Appellants contend that they were denied their right to <br />speak on the question of certification at the December 6, 1988 <br />Planning Commission meeting (Ltr. of App., para. 3, p. 2). Such <br />contention is without merit because the public hearing on the <br />certification of the FEIR had been closed. Moreover, Appellants <br />impliedly admit that their objection on the question of speaking <br />further on the FEIR was heard (id.). <br />13. Appellants contend that certain traffic tables in the <br />FEIR contain errors because they are not based upon the Institute <br />of Transportation Engineers Trip Generation Manual (Ltr. of App., <br />para. 4, p. 2). Said contention was responded to, and the basis <br />for traffic generation information in the FEIR explained further, <br />in letter from Barton- Aschman Associates, Inc. to the Planning <br />Director dated 1/17/89, which letter concludes that the trip z <br />generation figures in the FEIR are within the range of <br />"acceptable traffic engineering practice ". <br />14. The State CEQA Guidelines acknowledge that disagreement <br />among experts does not make an EIR inadequate (State CEQA <br />Guidelines S 15151). To the extent, if at all, Appellants' <br />Traffic Generation figures are at odds with those of the <br />consultant who prepared the FEIR, such difference or disagreement <br />is within that allowed pursuant to said Section 15151. <br />15. Appellants contend that the FEIR is deficient in <br />addressing a number of other issues purportedly calling for <br />mitigation, but Appellants state no specifics with respect to <br />such contention (Ltr. of App., para. 5, p.2). Accordingly, said <br />contention is without merit. <br />16. Appellants contend that certain newspaper articles <br />which were published subsequent to closure of the hearing on the <br />FEIR apparently reflected adversely on Appellants' position <br />regarding the Project. Said contention is irrelevant. <br />17. Appellants quote at some length portions of the Court <br />of Appeal decision in Laurel Heights Improvement Association v. <br />University of California (Ltr. of App., para. 7, pp. 3 -4). That <br />decision has been superseded by the decision of the State Supreme <br />Court in Laurel I1eights Improvement Association of San Francisco, -• <br />Inc v. Regents of the University of California, (1988) 47 Cal.3d <br />376; Cal.Rptr. ). Further, Appellants fail to describe with <br />any particularity the relationship between said decision and <br />specific provisions or issues relating to the FEIR. <br />MINUTE BOOK NO. 48 <br />Reg.Mtg. Page No. 309 <br />2/27/89 <br />n,-- in <br />
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