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<br />r\U I Mil I U\,f\Cr\ LU" <br /> <br />r~x., I~-O~O-~U~O <br /> <br />nua L~ Luur U~.~lallf ruu~/uu~ <br /> <br />RUTAN <br /> <br />\ Al'TOIlNrV$ AT l,o\~ <br /> <br />Mayor and Members of the City Council of <br />the City of San Leandro <br />August 29, 2007 <br />. Page 2 <br /> <br />. The project description also fails to account for the different type of non- <br />residential development to be permitted under the TOD strategy' as opposed to the <br />existing General Plan- The General Plan envisioned nearly a million square feet of non- <br />residential development, and while the TOD strategy envisions a somewhat lower <br />amount, the type, intensity, density, and mixture of such uses is highly altered. This <br />alteration should have been included as part of the project description, and its effects <br />anal yzed in all the various sections of the EIR. <br /> <br />. The project description should include the numerous necessary site-specific <br />roadway improvements which are envisioned as part of the TOD and identified on page <br />4.12-29 through 4.12-30, the environmental effects of which should have been fully <br />analyzed in the EIR. <br /> <br />. The project description fails to include a description of the various site specific or <br />"spot zones" being created by the zoning which will be adopted to implement the TOD <br />strategy. By way of example, the EIR does not discuss or analyze the creation of the SP- <br />1 zone or its application to the Property. Nor does the EIR perfonn a blight analysis to <br />asses the impact of requiring a mixed use (retail and residential) on the Property when <br />such a use is not feasible under either existing market conditions or the market conditions <br />that will likely continue to exist in the foreseeable future. <br /> <br />Identification and Adequacy of Mitigation Measures <br /> <br />. The vast majority of the mitigation measures identified in the EIR are identified <br />by number as "General Plan policies". Most of the General Plan policies identified for <br />use as mitigation measures are very abstract "goals" andlor 'lJolicies" and will have no <br />practical effect on mitigating actual environmental effects. An EIR must propose and <br />describe mitigation measures which will actually minimize the significant environmental <br />effects identified in the ElR. (Public Resources Code .~ ~ 21002.1(8), 2110O(b)(3.) <br />Further, the mitigation measures identified in the EIR fail to follow the specific <br />requirements for mitigation measures as set forth in 14 Cal. Code Regs 9 15126.4. <br /> <br />Cumulative Impacts <br /> <br />. Cumulative impacts are inadequately addressed in the EIR. CEQA requires that <br />an agency meaningfully assess the project's cumulative impacts (Environmental <br />Protection Information Center v. Johnson (1985) 170 Cal.App.3d 604.) The EIR only <br />lists six development projects which may result in a cumulative effect. This list is <br />incomplete in several respects. For example, the property known as Downtown South <br />Gateway (the former Albertson's site) is the subject of a development application which <br />has been deemed complete by the City, and therefore should have been included in this <br />list. The list also limits the cumulative impacts analysis to projects located within City <br />boundaries. However, as noted in the EIR itself, the geographic area for cumulative <br /> <br />2901023S92-OO1S <br />839931.01 aO&129/0i <br />