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Res19 15813
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Res19 15813
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Last modified
12/19/2019 12:09:14 PM
Creation date
12/19/2019 12:08:22 PM
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
12/16/2019
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12/16/2019 <br />approved at the discretion of a public agency"]; see also State CEQA Guidelines, § 15126.6(a) [an "EIR is not required <br />to consider alternatives which are infeasible"].) CEQA defines "feasible" to mean "capable of being accomplished in <br />a successful manner within a reasonable period of time, taking into account economic, environmental, social, and <br />technological factors." (Pub. Resources Code, § 21061.1.) The State CEQA Guidelines add "legal" considerations as <br />another indicia of feasibility. (State CEQA Guidelines, § 15364.) Project objectives also inform the determination of <br />"feasibility." (Jones v. U.C. Regents (2010) 183 Cal. App. 4th 818, 828-829.) `..[F]easibility' under CEQA <br />encompasses `desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, <br />environmental, social, and technological factors." (City of Del Marv. City of San Diego (1982) 133 Ca1.App.3d 401, <br />417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) "Broader <br />considerations of policy thus come into play when the decision making body is considering actual feasibility [.]" (Cal. <br />Native Plant Soc v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1000 ("Native Plant"); see also Pub. Resources <br />Code, § 21081(a) (3) ["economic, legal, social, technological, or other considerations" may justify rejecting mitigation <br />and alternatives as infeasible] (emphasis added).) <br />Environmental impacts that are less than significant do not require the imposition of mitigation measures. <br />(Leonoff v. Monterey County Board of Supervisors (1990) 222 Cal.App.3d 1337, 1347.) <br />The California Supreme Court has stated, "[t]he wisdom of approving ... any development project, a delicate <br />task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their <br />constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those <br />decisions be informed, and therefore balanced." (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d <br />553, 576.) In addition, perfection in a project or a project's environmental alternatives is not required; rather, the <br />requirement is that sufficient information be produced "to permit a reasonable choice of alternatives so far as <br />environmental aspects are concerned." Outside agencies (including courts) are not to "impose unreasonable extremes <br />or to interject [themselves] within the area of discretion as to the choice of the action to be taken." (Residents Ad Hoc <br />Stadium Com. v. Board of Trustees (1979) 89 Ca1.App.3d 274, 287.) <br />IMPACTS THAT ARE LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED <br />The following findings, including impact statements, mitigation measures, findings, and facts in support of findings, <br />are based on the full administrative record including but not limited to the Final EIR, which contains a greater <br />discussion of each issue. Pursuant to CEQA Guidelines Section 15091(a) (1), the mitigation measures will be required <br />in the project and avoid or substantially lessen the significant environmental effects identified in the Final EIR, as <br />described herein. <br />Air Quality <br />Impact AIR -3: The project would expose sensitive receptors to substantial pollutant concentrations. <br />Finding: The implementation of mitigation measure MM AIR -3.1 would reduce the project's significant community <br />risk caused by construction activities to a less than significant level. (Less than Significant Impact with Mitigation <br />Incorporated) Changes or alterations have been required in, or incorporated into, the Project, which avoid or <br />substantially lessen the significant environmental effects as identified in the EIR. (State CEQA Guidelines, section <br />15091(a) (1).) <br />Facts in Support of Finding: The computed maximum increased lifetime residential cancer risk from construction <br />would be 3.5 in one million or less with implementation of the above mitigation measure, which would be below the <br />BAA QMD significance threshold of 10 in one million, as identified on page 41 of the Draft EIR. <br />ATTY/RESO.0124/CC RESO RECOMMENDING CEQA CERTIFICATION —YMCA RESO. NO. 15813 <br />REV: 12-12-191Y MUFF NO. 601 <br />Page 7 of 44 <br />
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