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8.0 Page 3 1. Certify the Final EIR; adopt Statement of Overriding Considerations; make CEQA findings; adopt the Mitigation Monitoring and Reporting Program (MMRP); 2. Approve the Downtown Precise Plan including the most appropriate Maximum Allowable Development Cap (MAD) and Alternatives. Specifically staff and the Planning Commission recommended alternatives 4(Revised Maximum Allowable Development Caps) and 5(Revised Historic Resources Preservation Regulations); 3. Adopt a Resolution to Amend the General Plan (text and map); 4. lntroduce an ordinance to rezone Downtown Precise Plan Area from numerous retail and mixed-use residential zoning designations to the Planned Community District. Environmental Impact Report The Draft EIR is required for the DTPP per the requirements of CEQA. The Draft EIR is intended to provide information to public agencies, the general public and the City's decision makers regarding potential environmental impacts refated to implementation of the new Downtown Precise Plan. The Draft EIR was published and distributed on August 26, 2010 under separate cover. The document was then re-circulated and the public review period extended so as to include errata pages that added some minor text revisions and an additional principle to EIR Alternative 5: Revised Historic Resources ' Preservation Regulations. � The mandatory 45 day public comment period for the Draft EIR was from September 21 through November 5, 2010. The EIR consultants have prepared responses to all EIR comments received during that period, which responses have been published in a ' second document that also sets forth proposed revisions to the Draft ElR based on pubfic comments and information received by the City after pub(ication of the Draft EIR. This second document and the Draft EIR together make up the Final EIR, which the City Council will consider for certification. It is important to note that EIR ce�tification is not project or program approval. An EIR describes the environmental impacts associated with a project and provides that information to decision makers. A lead agency could certify the EIR, but decline to approve the corresponding program or project. Statement of Overriding Considerations When cer�ifying a Final EIR, a Lead Agency must make certain findings required by CEQA. According to CEQA, a Lead Agency cannot approve a project that will have a significant and unavoidable effect on the environment unless the Lead Agency finds that the benefits of the project outweigh its significant environmental effects, and adopts a Statement of Overriding Considerations explaining how the benefits o# the project , outweigh the impacts. The City's EIR consultant has concluded that certain impacts of ' the Downtown Precise Plan may be significant and unavoidable; therefore, if the City is to approve the DTPP, a Statement of Overriding Considerations (SOC) will be required. The SOC is attached to this report as part of the Resolution certifying the Environmental Impact Report. 3 I I �