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75C - PH - THE BOWERY
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Last modified
8/13/2020 5:10:27 PM
Creation date
8/13/2020 4:53:25 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75C
Date
8/18/2020
Destruction Year
2025
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The Wamer Redhill Mixed -Use Proiect CEQA Findinqs of Fad <br />Notably, section 21002 requires an agency to "substantially lessen or avoid" significant adverse <br />environmental impacts. Thus, mitigation measures that "substantially lessen" significant <br />environmental impacts, even if not completely avoided, satisfy section 21002's mandate. (Laurel <br />Hills Homeowners Assn. v. City Council (1 978) 83 Cal.App.3d 515, 521 ("CEQA does not mandate <br />the choice of the environmentally best feasible project if through the imposition of feasible <br />mitigation measures alone the appropriate public agency has reduced environmental damage <br />from a project to an acceptable level"); Las Virgenes Homeowners Federation, Inc. v. County of Los <br />Angeles (1986) 177 Cal.App.3d 300, 309 ("[t]here is no requirement that adverse impacts of a <br />project be avoided completely or reduced to a level of insignificance ... if such would render the <br />Project unfeasible"). <br />CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, <br />to substantially lessen or avoid significant environmental impacts that would otherwise occur. <br />Project modification or alternatives are not required, however, where such changes are infeasible <br />or where the responsibility for modifying the Project lies with some other agency. (State CEQA <br />Guidelines § 15091, subds. (a), (b). The California Supreme Court has stated, "[t]he wisdom of <br />approving ... any development project, a delicate task which requires a balancing of interests, is <br />necessarily left to the sound discretion of the local officials and their constituents who are <br />responsible for such decisions. The law as we interpret and apply it simply requires that those <br />decisions be informed, and therefore balanced." (Citizens of Goleta Valley v. Board of <br />Supervisors, supra, 52 Cal.3d at p. 576). <br />The City of Santa Ana has determined that based on all the evidence presented, including, but <br />not limited to, the Final EIR, written and oral testimony given at meetings and hearings on the <br />Project, and submission of testimony from the public, organizations and regulatory agencies, the <br />following environmental impacts associated with the Project are: <br />(1) less than significant and do not require mitigation; <br />(2) potentially significant and each of these impacts would be avoided or reduced to a level <br />of insignificance through the identified mitigation measures; or <br />(3) significant and cannot be fully mitigated to a level of less than significant but will be <br />substantially lessened to the extent feasible by the identified mitigation measures. <br />City of Santa Ana 2 <br />May 2020 75C-678 <br />
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