AgdaPkt 2013-09-23 Closed and Regular

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8.A. - Page 365 matt manatt I P"Ps I owps Honorable Mayor and Members of the City Council August: 15, 2011 Page 12 (d) B.A. - Page 123 The Staff Report bdicates #hat the adopted mitigation measures need only be implcwcaW "W tine extent fi=&te- " While we appreciate the veUed reface to C$QNs general rola that "in the: went specific eeanomic, social, or other condidoars make Infeasible -Project altellmliM ot...initlgation measures, individual pmjec W may nevrrthcless be approved, including mach 'TeaeibilIVI considerations in an EIR is unorthodox and tenders the EUt meaningless and inwk quete.10 Those oonaiderations are properly considered in a Sit of Overriding Considerations — not to the EHL As explained in the SteffRepurt, the Plarming Commisdan certified the EIR as having no significant impaeL provided the mitigation measures were adopted. However. having never aid the fe sWity of the mitigation treasures (v hWob an wntained a proviso that they► need only be implemented to the extent fie WI le), the Commission's eonckWon of no significant impect is unsupported by substantial ovi twee. Aoaordiagly, we must assume for the purposes of our review that the mitigation measures will not be implemented due to infeasibility, and will fail to serve to mitigate the irreparable damage and risks attendant to this planned dewelopment project. "As set hath in SWUM IM93(a) and (b) of the CHQA c#ufdakaes (l3mpL : (s) CMA mM= the dac9eiw-maloiag Wwy to %dama, rs applicable, the Woaamaie, iegal, social, eschtealogbal, or otherbenefits, including w*mvide or stat mde crvkciumW bmwftts, of a proposed pro feat 4pkwt its umvm&bk envftw ental risks when &WO10=9 WhOdw to approve die p+gjwt, if the nmft economm legtl, wciel" Wwolo mi, or otbcr bm ift iaclwft room wide or sktmido cuvir=vxkW beaof Ca, of a pmpQmd project out veio the U=vakW& adverse envhw aaatel caber% the admu eavaagunca al affects mtybe ca ufted Oy W" (b) When ttre lead agsney approves a project wbieh will motif la the ocamrreNee Of sipMeaat effects whM are ldentdaed in the heal F.3R but rre tact •vaided sr ubsttatlW fwceated, spec agency zW state in wrift the specific rea w to mwpwt its seeioa btfi as d* find MA =&or other bEwm edon In the record. Tke 0%tmasat of OvaTidiog eaeadsrattnar shW be supported by nbfaatW evidem In tlae record. ' ' 3ScA &g. Staff Raport at p. 5 cidAg masa tet the sppHmt has ■heady said stat costs am 3 mel oonwn, i.e., unless hoot" aro hue size, the "vain , of dos boom won't suffmin the bigh ovals or row cwtiroctim mitigation MOMBVs, and maintnauea.