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ATTY/RESO.0079/PC RESO RECOMMENDING CERTIFICATION OF THE SEIR <br />REV: 10-20-22 VR <br />Page 3 of 6 <br />prior environmental impact report and/or new mitigation measures or alternatives are now <br />feasible; and <br />WHEREAS, the City determined that the Project would require the preparation of an <br />SEIR to substantially revise the DTPP Final EIR because of the reasonable potential that <br />the Project would result in new or substantially more severe significant environmental effects <br />than those identified in the certified DTPP Final EIR; and <br />WHEREAS, pursuant to CEQA section 21092, the City issued a Notice of Preparation <br />(“NOP”) for the SEIR to solicit input on the environmental analysis of the Project and <br />submitted the NOP to the Office of Planning and Research State Clearinghouse and <br />interested agencies and persons on August 27, 2021, for a 31-day review period; and <br />WHEREAS, the City prepared a Draft Subsequent Environmental Impact Report <br />(“DSEIR”; SCH 2021080554) for the Project and circulated it for public comment for 47 days <br />from May 6, 2022, to June 21, 2022, and copies of the DSEIR were made available on the <br />City’s website and in hard copy for review by the public and responsible and trustee agencies, <br />and all were invited to submit comments on the DSEIR to the City’s Community Development <br />and Transportation Department; and <br />WHEREAS, on June 21, 2022, the Planning Commission held a public hearing to <br />receive additional verbal and written comments on the DSEIR; and <br />WHEREAS, following the completion of the public review period, the City reviewed all <br />comments received on the DSEIR and prepared a Final Subsequent Environmental Impact <br />Report (the “FSEIR”) which incorporates the DSEIR by reference, includes all comments <br />received during the public review period and responses to those comments, and also <br />describes changes to the DSEIR that resulted from the comments received; and <br />WHEREAS, the FSEIR identified a Reduced Office Alternative which would retain all <br />General Plan and DTPP amendments proposed by the Project, but which would alter the <br />Project as follows: <br /> Establish an office development cap for the Transit District area of 1.23 million <br />square feet, which is about 75 percent of the office development cap proposed under <br />the Project (i.e., 1.63 million square feet); and