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SU0008325
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SU0008325
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Last modified
5/7/2020 11:33:27 AM
Creation date
9/9/2019 10:36:40 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2600 - Land Use Program
RECORD_ID
SU0008325
PE
2626
FACILITY_NAME
PA-1000131
STREET_NUMBER
15300
Direction
N
STREET_NAME
THORNTON
STREET_TYPE
RD
City
LODI
Zip
95240
APN
02519016 18 19
ENTERED_DATE
6/28/2010 12:00:00 AM
SITE_LOCATION
15300 N THORNTON RD
RECEIVED_DATE
6/24/2010 12:00:00 AM
P_LOCATION
99
P_DISTRICT
004
QC Status
Approved
Scanner
SJGOV\rtan
Supplemental fields
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\MIGRATIONS\T\THORNTON\15300\PA-1000131\SU0008325\APPL.PDF \MIGRATIONS\T\THORNTON\15300\PA-1000131\SU0008325\CDD OK.PDF \MIGRATIONS\T\THORNTON\15300\PA-1000131\SU0008325\EH COND.PDF \MIGRATIONS\T\THORNTON\15300\PA-1000131\SU0008325\BOS APPEAL.PDF
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Board of Supervisors <br /> January 28,2013 <br /> Page 3 <br /> 6); and to "provide a travel stop facility of sufficient size to capture overflow overnight truck <br /> parking"(Objective 7). (DE1R,pp. 3-1, 3-2.) <br /> Relevant Legal Principles <br /> Before laying out in detail the expert evidence mentioned above, we will first lay out a <br /> few legal principles, so that.the Board can consider the evidence in its proper context. These <br /> principles will demonstrate that the Board enjoys considerable discretion in determining whether <br /> a particular alternative set forth in an EIR is "infeasible" and thus may be rejected without <br /> violating CEQA. <br /> The reason why these issues matter at all under the law is the fact that CEQA contains a <br /> general statutory command that public agencies should not approve projects that would cause <br /> significant environmental effects when there are feasible mitigation measures or feasible <br /> alternatives that can substantially lessen such effects. (Pub. Resources Code, § 21002.) This <br /> "substantive mandate"i can be met through (i) the adoption of feasible mitigation measures, (ii) <br /> the choice of a feasible alternative that lessens or avoids significant effects, or(iii) a combination <br /> of mitigation and alternatives. Notably, "alternatives and mitigation measures have the same <br /> function — diminishing or avoiding adverse environmental effects." Stated another way, <br /> "alternatives are a type of mitigation." (Laurel Heights Improvement Association V. Regents <br /> of the University of California(1988)47 Cal. 3d 376, 403.) <br /> This substantive mandate is effectuated, in part, through the requirement that, after <br /> certifying a final EIR, lead agency decision-makers, as one of the actions needed to approve a <br /> project, must adopt findings describing the disposition of each significant effect identified in the <br /> EIR. The most common finding is that"changes or alterations" (typically mitigation measures) <br /> "have been required in, or incorporated into, the project," with the result that significant effects <br /> are `mitigate[d] or avoid[ed]." (Pub. Resources Code, § 21081, subd. (a)(1); see also CEQA <br /> Guidelines, § 15091, subd. (a)(1).)Another possible finding is that proposed mitigation measures <br /> or alternatives, despite their environmental advantages compared with "the project," are <br /> infeasible. (Pub. Resources Code, § 21081, subd. (a); see also CEQA Guidelines, § 15091, subd. <br /> (a)(3).) In our own experience, this "infeasibility finding" is used with some frequency with <br /> respect to mitigation measures that,for whatever reason, are simply unworkable.2 The finding is <br /> much more common,however,with respect to alternatives to proposed projects. <br /> The CEQA Guidelines define "feasible" as "capable of being accomplished in a <br /> successful manner within a reasonable period of time, taking into account economic, <br /> '/See Mountain Lion Foundation v. Fish & Game Commission (1997) 16 CalAth 105, <br /> 134. <br /> '/The Applicant is not asking the Board to reject any mitigation measures proposed in <br /> the EIR as infeasible. Rather,the Applicant is prepared to live with each and every mitigation <br /> measure set forth in the Project EIR. <br />
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