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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 />3. Portions of the Project site were formerly used as a <br />solid waste dump. After cessation of such use, the site was <br />filled and graded (FEIR, pp.1 -5 - 1 - 6). <br />4. After circulation of the DEIR for public review <br />pursuant to CEQA and R.C. Res. No. 6882, the authors of the DEIR <br />made reference to the Levine - Fricke study, which analyzed results <br />of gas samples taken from four subsurface wells at the Project <br />site in July, 1988 (FEIR, p. F -5). Similarly, as a response to <br />comments, reference was for the first time made to the Tejima & <br />Associates study, which was apparently required by the San <br />Francisco Bay Area Air Quality Management District under <br />provisions of State law. That study analyzed samples from six <br />on -site and three off -site wells (id.). The FEIR discusses the <br />results of those studies (FEIR pp. F -4 - F -9), and describes <br />specific mitigation measures pertaining to the subject matter of <br />the studies that would be incorporated into building and site <br />design phases of the Project, based on further review of building <br />and site plans (FEIR pp. F -7 - F -9). <br />5. Substantial portions of the foregoing response were <br />included in the body of the FEIR and identified by underlining <br />(FEIR, pp. 2 -20 - 2 -22; 2 -25 - 2 -26). <br />6. Public Resources Code Section 21092.1 provides, in <br />pertinent part: <br />"21092.1. When significant new information is added to <br />an environmental impact report after notice has been <br />given ... and consultation has occurred..., but prior to <br />certification, the public agency shall give notice again... ' and consult again ... before certifying the environmental <br />impact report." <br />7. At the hearing on appeal the contention was made that <br />discussion of the Levine - Fricke and Tejima and Associates studies <br />constituted "significant new information" as that term is used in <br />Public Resources Code Section 21092.1. <br />8. Reference to, and discussion of, the Levine - Fricke <br />study and the Tejima & Associates study does not constitute <br />"significant new information" under Public Resources Code Section <br />21092.1 because the DEIR did include discussions of the subject <br />matter contained in said studies (see, DEIR, pps. 2 -18 - 2 -19; <br />2 -21 - 2 -22) and discussion of said studies in the FEIR merely <br />added more detail to the prior discussion relating to that <br />subject matter (landfill gases, leacheate and corresponding <br />mitigation). Accordingly, the City was not required to provide <br />notification and to consult again under said Section 21092.1 <br />before certifying the FEIR . <br />9. Appellants likewise contend that Sections E and F of <br />the FEIR constitute "significant new information" under said <br />Section 21092.1 (Ltr. of App. para. 1, p. 1). Those sections <br />contain written comments on the DEIR and responses thereto, <br />respectively, which are required under CEQA. They are not, <br />therefore, information of the type described in said Section - <br />21092.1 (State CEQA Guidelines SS 15087, 15088). <br />MINUTE BOOK NO. 48 <br />Page No. 308 Reg.Mtg. <br />2/27/89 <br />Page 9 <br />
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