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0.13-5 <br />• "Responses to Comments on the Addendum to the Mitigated Negative <br />Declaration" (July 24, 2003) <br />• Staff report dated JuV28, 2003 <br />2. The Council finds as follows: <br />A. The Mitigated Negative Declaration, as adopted by the Planning <br />Commission, was completed in accordance with the California <br />Environmental Quality Act (CEQA). <br />B. There was no substantial evidence before the Planning Commission that <br />the Project may have a significant effect on the environment. The action <br />of the Planning Commission adopting the Mitigated Negative Declaration <br />was appropriate. <br />C. No substantial evidence has been presented to the Council since the <br />Planning Commission's action that the Project, constructed and operated <br />in accordance with the mitigation measures imposed by the Planning <br />Commission, the requirements of the California Department of Health <br />Services and the requirements of the San Francisco Bay Regional Water <br />Quality Control Board, may have a significant effect on the environment. <br />In making this finding, the Council is cognizant of the definition of <br />"substantial evidence" for purposes of CEQA contained in 14 CCR Section <br />15384 and of the guidelines for determining the significance of <br />environmental effects contained in 14 CCR Section 15064(a) through (g). <br />D. The mitigation monitoring plan adopted by the Planning Commission is <br />appropriate and adequate to ensure the implementation of the mitigation <br />measures. <br />E. The Mitigated Negative Declaration and mitigation monitoring plan, as <br />adopted by the Planning Commission, are ratified and confirmed by the <br />Council. The Mitigated Negative Declaration, the Addendum, and the <br />Responses to Comments on the Addendum reflect the City's independent <br />judgment. <br />F:Atty /Reso /Reso.1413 <br />072303 <br />