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City of San Leandro <br />880 Doolittle Drive Industrial Project <br /> <br />1-12 <br /> Notice of Completion (NOC). The lead agency must file a NOC with the State Clearinghouse <br />when it completes a Draft EIR and prepare a Public Notice of Availability of a Draft EIR. The lead <br />agency must post the NOC in the County Clerk’s office for at least 30 days and send a copy of <br />the NOC to anyone requesting it (Public Resources Code Sections 21092, 21092.3, and CEQA <br />Guidelines Section 15087). Additionally, public notice of Draft EIR availability must be given <br />through at least one of the following procedures: a) publication in a newspaper of general <br />circulation; b) posting on and off the project site; and c) direct mailing to owners and occupants <br />of contiguous properties. The lead agency must solicit input from other agencies and the public <br />and respond in writing to all comments received (Public Resources Code Sections 21104 and <br />21153). The minimum public review period for a Draft EIR is 30 days (Public Resources Code <br />21091). <br /> Final EIR. A Final EIR must include a) the Draft EIR; b) copies of comments received during public <br />review; c) a list of persons and entities commenting on the Draft EIR; and d) the Lead Agency’s <br />responses to comments. <br /> Certification of Final EIR. Prior to making a decision on a proposed project, the lead agency <br />must certify that: a) the Final EIR has been completed in compliance with CEQA; b) the Final EIR <br />was presented to the decision-making body of the lead agency; c) the decision-making body <br />reviewed and considered the information in the Final EIR prior to approving a project; and d) the <br />Final EIR reflects the lead agency’s independent judgment and analysis (CEQA Guidelines Section <br />15090). <br /> Lead Agency Project Decision. The lead agency may a) disapprove the project because of its <br />significant environmental effects; b) require changes to the project to reduce or avoid <br />significant environmental effects; or c) approve the project despite its significant environmental <br />effects, if the proper findings and statement of overriding considerations are adopted (CEQA <br />Guidelines Sections 15042 and 15043). <br /> Findings/Statement of Overriding Considerations. For each significant impact of the project <br />identified in the EIR, the lead agency must find, based on substantial evidence in the record, <br />that either: a) the project has been changed to avoid or substantially reduce the magnitude of <br />the significant impact; b) changes to the project are within another agency’s responsibility and <br />jurisdiction and such changes have or should be adopted by the other agency; or c) specific <br />economic, social, legal, technological, or other considerations make the mitigation measures or <br />project alternatives infeasible (CEQA Guidelines Section 15091). If an agency approves a project <br />with unavoidable significant environmental effects, it must prepare a written Statement of <br />Overriding Considerations that sets forth the specific social, economic, or other reasons <br />supporting the agency’s decision (CEQA Guidelines Section 15091). <br /> Mitigation Monitoring Reporting Program. When the lead agency makes findings on significant <br />effects identified in the EIR, it must adopt a reporting or monitoring program for mitigation <br />measures that were adopted or made conditions of project approval to mitigate significant <br />effects (CEQA Guidelines Sections 15091 and 15097). <br /> Notice of Determination (NOD). The lead agency must file a NOD after deciding to approve a <br />project for which an EIR is prepared (CEQA Guidelines Section 15094). A local agency must file <br />the NOD with the County Clerk. The NOD must be posted for 30 days and sent to anyone <br />previously requesting notice. Posting of the NOD starts a 30-day statute of limitations on CEQA <br />legal challenges (Public Resources Code Section 21167[c]).