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8.A. - Page 106 <br /> The Honorable Mayar and Members of the City Council <br /> Page 2 of 3 <br /> August 16, 2Q l. l <br /> in th� site specific investigations. Addip,onally, a registered geote�hnical e,agineer must <br /> rcview ea� site-speoific geotec�nical investigation and requir� oompliaace with tt�e <br /> mi�ig�zans, etc. The City Building Ser�ices Di�ision w�s required to revi�w all plans fnr <br /> permits to ensure compliance with the gevtechrucal investigation and othex applicable <br /> code req�irements. The prepsrers o� the EIIt relied on the draft Gevtre�hnicaI <br /> Investigstion prepared by ��dwell & Rollo. The Gent�hnical �nve.�tigation was aot a <br /> �inal sit�specific desigcx-level geotechnical study, but ratber it determined pxojcct <br /> feasibility in light of the sit�e geoteGhnical cflnditions. Th� EIIt report�ed that the <br /> Geotec�nical Inves�g�tian ineludcd nu.memus requirement� f+nr installing foun�datinns <br /> depending on the s�cifics af the finai proj ect design, and that the remedial methods an.d <br /> design measunes were "standard, accepted and pmven engineering practic�s used <br /> throughout the Bay Area to nvercome utifavorable sail contlitions. <br /> 'The c�ourt disagr�ed with the con,tention by the plaintiff that the City had improper�q <br /> deferred mitigation of the seismic effects o£ the �roject by lcavin� to the futwr� the <br /> �ormu�ativn of mitigation measures for seismic impacts and for failing to set objective <br /> performaz�oe standards fvr such mitigation. 'Ihe court said that when a p�blic agency has <br /> evaluated the potentially significant impac�s ar�d has identified measur�s tl.t�t wi1] <br /> mitigate thas,� impacts, the agency does nvt have ta cammit to any p�rtieular mi�tigation <br /> naeasuuro ix� thc EIR, as long as it oamrnits to mitigatirig the significa�t impacts of the <br /> groject. The details of exa�ly how mitiga'an will be achieved undex t�e ider�ti�ed <br /> measures can be deferred pending completaan of a fu�ue study (aw�h as wha� would be <br /> r�uired at the time tb.at specific pl�ns fflr building of a partacular home in the Y,aurel <br /> Way pmje�t are submitted). The oourt state�i that the G�ty did nat impmperly defer <br /> mitigation, tha� tho building code establishes standards far safety and design and <br /> , construction af bui�dings. The court said tb.at vvhen a public agency has evaluated the <br /> pt�enti�Ily significant i�mpacts o� a project and has identified measures that wi11 mitigate <br /> those impacts, and is committed to rni�gatitag thosc impacts, f�e agency may def� <br /> precisely how rnitiga�ion vu`ill he achie�ed under the identifiied me.�,sures penc�ing further <br /> study. <br /> Finally, the court said: "Althongh the fimal design of the structure,s, irxcluding seismic <br /> safety design, is defeaed until a later date, the revi�sed EIR gives ade�qa�e assuran�ces thaE <br /> seismic impac�s wi� be mitigated to e,uginaering methods known to bo feasible and <br /> e�ffectiva" In the case nf the Laurel Way project, Treadwe�l & Rollo a�ted as a rhixd <br /> partp review consulta,nt revievving the work don� by TRC Lown�y and Co�rnerstone Earrh <br /> Gr�up. In it� reparts Trea�iwe�l � Rolla reaomm�ds, a�ong othet t�hings, that it concttxs <br /> �vith the approach reoamEmended by �'RC L�wney that pmpvsed resEd�nc�s be suppatted <br /> on c�rilled pxexs ext�diun,g t�mug� the fil� and into the. underlying bcdroc�. 'T�nea�dw�ell & <br /> Rollo also re�ds t�at design Zevel geatechnical in�estigation s�auld in�lude an <br /> eva�ua#�on a� the layout o� unc�ergraund uti�ities� axtcrior hardscapc and retaining v�alls, <br /> and, if ner.essaty, mitigation recommendations shaald be �rovided in the �esig� Ievel <br /> �o�ck�nical invest�ations to be eanducted for e�.ch reside�ce o� a lot by-lot basis. <br /> �:�wpw�nr '�r � ��a c�r[o$ � 6 i i�.a� <br />