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Res13 15248
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Res13 15248
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Last modified
10/11/2019 7:48:36 AM
Creation date
10/11/2019 7:48:32 AM
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Regular
Agency Type
City Council
Date
3/11/2013
Description
A RESOLUTION OF THE CITY COUNCIL MAKING CEQA FINDINGS FOR ADOPTION OF AN ORDINANCE OF THE CITY OF REDWOOD CITY, CALIFORNIA, ADDING ARTICLE III ("REUSABLE BAGS") TO CHAPTER 13 (ENVIRONMENTAL HEALTH CODE) OF THE REDWOOD CITY MUNICIPAL CODE
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03/11/2013 <br /> use plastic and paper bags, it may not promote the shift to reusable <br /> carryout bags by retail customers as effectively and would place a <br /> financial burden on the Study Area retailers, <br /> B. FIND/NGS REGARD/NG PROJECT ALTERNATIVES <br /> CEQA only requires public agencies to make findings regarding the <br /> feasibility of project alternatives in limited circumstances. Public Resources <br /> Code Section 21081(a) provides that a public agency may not approve a <br /> project unless it makes findings, with respect to each significant project <br /> effect, that (1) mitigation has been required to reduce the significant effect, <br /> (2) mitigation to reduce the significant effect is within the jurisdiction of <br /> another public agency and should be adopted by that agency, and (3) that <br /> "(s]pecific economic, legal, social, technological, or other consideratians . . . <br /> make infeasible the mitigation measures or alternatives identified in the <br /> environmental impact report." (Pub. Res. Code § 21081(a), emphasis <br /> added, see also CEQA Guidelines § 15091(a).) <br /> In Mira Mar Mobile Community v. City of Oceanside (CH Oceanside) (2004) <br /> 119 Cal.App.4th 477, 490, the Court of Appeals confirmed that, where the <br /> city found that the only adverse impact of a project could be avoided through <br /> the imposition of mitigation measures, "it was not required to make any <br /> findings regarding the feasibility of proposed alternatives." (Citing Rio Visfa <br /> Farm Bureau Center v. County of Solano (1992) 5 Cal.App.4th 351, 379 <br /> ["CEQA does not require the agency to consider the feasibility of environ- <br /> mentally superior project alternatives identified in the EIR if described <br /> mitigation measures will reduce environmental impacts to acceptable <br /> levels"], Laure!Heights Improvement Ass'n v. Board of Supervisors (1988) <br /> 47 Cal.3d 376, 402, and Laurel Hills Homeowners Ass'n v. City Council <br /> (1978) 83 Cal.App.3d 515, 521.) <br /> The Project would not result in any significant unavoidable effects. All <br /> potential impacts identified by Draft Program EIR and Final Program EIR are <br /> either beneficial or less than significant such that no mitigation measures <br /> are required. Accordingly, the County is not required to make findings <br /> regarding the feasibility of the alternatives considered in the EIR. <br /> C. SUMMARY OF S/GNIFICANT UNAVO/DABLE IMPACTS <br /> Section 15126.2(b) of the CEQA Guidelines requires that an EIR describe <br /> any significant impacts which cannot be avoided. Based on the analysis <br /> contained in the Final Program EIR, implementation of the Project would not <br /> result in any significant unavoidable environmental impacts. <br /> 13 <br /> RESO.#1524MUFF#304 <br />
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