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3B Public Hearing 2013 0401
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3B Public Hearing 2013 0401
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4/8/2013 4:08:07 PM
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3/26/2013 5:54:52 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/1/2013
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PERM
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_CC Agenda 2013 0401 CS+RG
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\City Clerk\City Council\Agenda Packets\2013\Packet 2013 0401
Reso 2013-043
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Path:
\City Clerk\City Council\Resolutions\2013
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superseded the first MND and was circulated for public review for the required <br />30-day period, ending November 13, 2012. The revised MND is attached as <br />Exhibit A and incorporated herein by reference; and <br />WHEREAS, the City received extensive comments on the revised MND <br />from the Heron Bay Association through its attorney, including a supporting <br />report from Paul Taylor, as well as comments from the President of the <br />Association. Comments were also received from individuals, including residents <br />of Heron Bay. No comments were received from any public agency during the <br />comment period; and <br />WHEREAS, although not required by CEQA, the City prepared written <br />responses to the comments on the revised MND in a Responses to Comments <br />document dated January 29, 2013, which responses provide the City's good <br />faith, reasoned analysis of the environmental issues raised by the comments <br />from the Association and individuals. Because the Association comments were <br />so extensive and addressed all of the revised MND, the City responded only to <br />the amended comments from the Association, including the amended Taylor <br />report and President Lee's comments, and not their comments on the first MND. <br />The Responses to Comments document is attached as Exhibit B and <br />incorporated herein by reference. It includes all the comment letters received <br />during the public review period and the City's responses to them; and <br />WHEREAS, the City carefully reviewed the comments and written <br />responses, including information developed in the course of preparing the <br />responses, and determined that the comments and responses did not constitute <br />or require substantial revisions to the revised Mitigated Negative Declaration. On <br />these bases, the City determined that no recirculation of the revised MND was <br />required pursuant to CEQA Guidelines section 15073.5; and <br />WHEREAS, a staff report, dated February 7, 2013 and incorporated <br />herein by reference, described and analyzed the draft revised Mitigated Negative <br />Declaration, including comments and responses, and the Project for the Board of <br />Zoning Adjustments, which report is attached as Exhibit C and incorporated <br />herein by reference; and <br />WHEREAS, the Board of Zoning Adjustments reviewed the staff report, <br />the draft revised Mitigated Negative Declaration, including comments and <br />responses, at a noticed public hearing on February 7, 2013 at which time all <br />interested parties had the opportunity to be heard; and <br />WHEREAS, the revised Mitigated Negative Declaration identifies <br />mitigation measures applicable to the Project, therefore a Mitigation Monitoring <br />Program must be adopted in conjunction with any Project approval (see Exhibit <br />D, incorporated herein by reference); and <br />2
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