2009-034 (2) - Final Supplemental Environmental Impact Report for Fairhaven/Lincoln

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1. Introduction The responses to comments may contain material and revisions that gill be added to the text of the Final EiR. City staff has reviewed this material and determined that none of this material constitutes the type of significant new information that requires recirculation of the Draft SEIR for further public comment under EA Guidelines Section 15088.5. None of this material indicates that the project would result in a significant new environmental impact not previously disclosed in the Draft SEIR. Additionally, none of this material indicates that there would be a substantial increase ire the severity of a previously identified environmental impact that will not be mitigated, or that there would be any of the other circumstances requiring recirculation described in Section 15088.5. 1.3 CEQ 1 REQUIREMENTS REGARDING COMMENTS AND RESPONSES CEQA Guidelines Section 15204 (a) outlines parameters for submitting comments, and reminds persons and public agencies that the focus of review and comment of Draft EIRs should be "on the sufficiency of the document in identifying and analyzing possible impacts on the environment and ways in which significant effects of the project might be avoided or mitigated. Comments are most helpful when they suggest additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the significant environmental effects. At the same time, reviewers should be aware that the adequacy of an EIR is determined in terms of what is reasonably feasible.... E A does not require a lead agency to conduct even test or perform all research, study, and experimentation recommended or suggested by commenters. when responding to comments, lead agencies need only respond to significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the ElR.11 CE 0A Guidelines Section 15204 (c ) further advises, "Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence." Section 15204 d) also states, "Each responsible agency and trustee agency shall focus its comments on environmental information germane to that agency's statutory responsibility." Section 15204 (e ) states, "This section shall not be used to restrict the ability of reviewers to comment on the general adequacy of a document or of the lead agency to reject comments not focused as recommended by this section.,, In accordance with the CEQA, Public Resources Cade Section 21092.5, copies of the written responses to public agencies will be forwarded to commenting agencies at least 10 days prior to certifying the environmental impact report. The responses will be forwarded with copies of this Final EIR, as permitted by CEQA, and will conform to the legal standards established for response to comments on Draft EiRs. I am?h. 1� 3dF Final Supplement o the San ta Ana Second ain Track Project EIR City of Santa 0 Page 1 -2 FairhavenlLincoln and Santa ClaralLincoln Intersection Modifications T e Planning Cenur a, r l 89-034 Resolutio No.�8 Page 119 of 130