55B - RESO - EIR SAN LORENZO SEWER LIFT

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Chapter 3 Findings Regarding Project Alternatives 3.4.3.3 No Takings Alternative Under this alternative, the City would redesign the Proposed Project so as to avoid the need for condemnation and acquisition of approximately 292 s.f. of APN No. 410-411-19 (Studio Inn). This alternative was originally rejected from detailed analysis in the Draft EIR because it would fail to reduce or avoid the Project's significant and unavoidable environmental impact to the intersection of South Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 is in place. However, although not required by law, the City evaluated whether a design adjustment could be made to the proposed San Lorenzo Lift Station facility to omit the need for condemnation. As described in Section F.2 of the Final EIR, the City has incorporated minor modification to the Proposed Project's design that would avoid the need for the condemnation of private property in a manner similar to the No Takings Alternative. Specifically, in response to objections from an adjacent property owner regarding the Project's proposal to condemn approximately 292 s.f. of privately-owned property, the City has redesigned of the proposed facility so as to avoid the need for condemnation of privately owned land. As depicted in Final EIR Error! Reference source not found., Conceptual Revised Lift Station Site Plan, and Error! Reference source not found., Originally Proposed and Conceptual Revised Lift Station Site Plan, the proposed lift station facility would continue to be constructed at the west end of San Lorenzo Avenue, but would be constructed along the southern alignment of San Lorenzo Avenue and parallel to West Segerstrom Avenue rather than at the west end of San Lorenzo Avenue that abuts the Studio Inn property (refer to Error! Reference source not found.). 3.4.4 Additional Findings 3.4.4.1 Findings Related to Recirculation of the Draft EIR CEQA Guidelines Section 15088.5 describes the conditions under which a Draft EIR that was circulated for public review is required to be re-circulated for additional public review and comment. CEQA Guidelines Section 15088.5 states that new information added to a Draft EIR is not significant unless the Draft EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse 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. "Significant new information" requiring recirculation includes, for example, a disclosure showing that: • A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. • A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. • A feasible project alternative or mitigation measure considerably different from the others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it. • The Revised DEIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. As described in Section F.2 of the Final EIR, Revisions to the Proposed Project, minor revisions have been incorporated into the design of the proposed San Lorenzo Lift Station facility. Because the Project as modified would largely be consistent with the project description as studied in the San Lorenzo Lift Station EIR (Project No. 06-3510) 3-7 Findings of Fact/Statement of Overriding Considero _3