2005-016 - Statement of Overriding Considerations for the Property Located at 2725 North Main Street

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. City Place Focused Enllironmentallmpact Report Findings and Facts in Support of Findings Written Resoonses to Written Comments and Inout fj-om the Planning Commission Public Hearing The City eyaluated the comments on environmental issues received from persons who reviewed the EIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised in these comments. As required by CEQA, the City has provided to each of the public agencies that commented on the Draft EIR responses to the comments received fj-om tbat agency at least ten days prior to the certification of the Final EIR. The Final EIR provided adequate, good faitb and reasoned responses to the comments. Pursuant to Section 15088.5 of the CEQA Guidelines, a lead agency is required to recirculate an EIR wben significant new information is added to tbe EIR after the Notice of Availability is given, but before certification. The term "information" specifically includes: (i) Changes to the project, (ii) Changes in the environmentaI setting or (iii)Additional new data or other information. . Section 15088.5 of the CEQA Guidelines further provides that". . .new information added to an EIR is not "significant" unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement." The City has reyiewed the comments receiyed on the Draft EIR and tbe responses to those comments as well as otber text changes and references that have been incorporated into the Final EIR. Since the release of tbe Draft EIR for public review, there bave been no changes to the project; no changes in the environmental setting; and no additional data or information were added to the EIR which would deprive the public of a meaningfuI opportunity to comment on the project. Therefore, having reviewed the information contained in the Draft and Final EIRs and in the administrative record, as well as the requirements under Section 15088.5 of the CEQA Guidelines regarding recirculation of draft EIRs, the City hereby finds that there is no new significant information and no need to recirculate the EIR. Therefore, the Final EIR bas been prepared and considered by the City. 3.2 FINAL ENVIRONMENTAL IMP ACT REPORT The City has prepared a Final EIR for the City Place project. In accordance with the requirements ofCEQA and the CEQA Guidelines, the Final EIR consists of: ( a) The Draft EIR; (b) Comments and recommendations received on the Draft EIR, provided in the RTC Report; . C:\Documents and SettingslBKaufmanlLocal Settings I Temporary internet Fi/esIOLKBICity Place findings. doc September 29.2004 ResólutlorT 2005-016 Page 25 of 53 Page.