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ATTY/RESO.0048/PC RESO RECOMMENDING CERTIFYING THE SEIR <br />REV: 06-02-23 VR <br />Page 3 of 5 <br />WHEREAS, pursuant to CEQA Guidelines section 15162, a Subsequent <br />Environmental Impact Report (SEIR) is required if the City determines that there have <br />been substantial changes to the project and/or the circumstances under which the project <br />is undertaken, or substantial new information has arisen, and that one or more of the <br />foregoing will result in new or substantially more severe impacts and that thus major <br />revisions to the prior environmental impact report and/or new mitigation measures or <br />alternatives are now feasible; and <br /> <br />WHEREAS, the City determined that the DTPP Plan-Wide Amendments would <br />require the preparation of an SEIR to substantially revise the DTPP Final EIR because of <br />the reasonable potential that the DTPP Plan-Wide Amendments would result in new or <br />substantially more severe significant environmental effects than those identified in the <br />certified DTPP Final EIR; and <br /> <br />WHEREAS, pursuant to CEQA section 21092, the City issued a Notice of <br />Preparation (NOP) for the SEIR to solicit input on the environmental analysis of the <br />Project and submitted the NOP to the Office of Planning and Research State <br />Clearinghouse and interested agencies and persons on September 14, 2021 for a 31-day <br />review period; and <br /> <br />WHEREAS, on September 21, 2021, the Planning Commission held an EIR <br />scoping session for the DTPP Plan-Wide Amendments to provide information, the <br />potential environmental impacts and the CEQA review process, and the schedule for <br />DTPP Plan-Wide Amendments implementation, and to allow members of the public and <br />other interested parties to comment on environmental issues early in the process; and <br /> <br />WHEREAS, on August 16, 2022, the Planning Commission conducted a study <br />session to review and provide comments on the DTPP Plan-Wide Amendments and <br />supported recommendations to study Research & Development, Laboratory (R&D, Lab) <br />as a new use in the DTPP, revise required vehicular parking and bicycle ratios, and roof- <br />top structures that support a recreational use; and <br /> <br />WHEREAS, the City prepared a Draft Subsequent Environmental Impact Report <br />(DSEIR; SCH 2021090249) for the DTPP Plan-Wide Amendments and circulated it for <br />public comment for 45 days from November 14, 2022 to December 29, 2022, and copies <br />of the DSEIR were made available on the City’s website and in hard copy for review by <br />the public and responsible and trustee agencies, and all were invited to submit comments <br />on the DSEIR to the City’s Community Development and Transportation Department; and <br /> <br />WHEREAS, on December 6, 2022, the Planning Commission held a public hearing <br />to receive additional verbal and written comments on the DSEIR; and <br /> <br />WHEREAS, following the completion of the public review period, the City reviewed <br />all comments received on the DSEIR and prepared a Final Subsequent Environmental <br />Impact Report (FSEIR) which incorporates the DSEIR by reference, includes all <br />comments received during the public review period and responses to those comments,