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May 19, 2021 <br />Page 7 <br /> <br /> <br />5005-004acp <br /> <br /> printed on recycled paper <br />proponent has agreed to undertake, the lead agency may prepare a mitigated <br />negative declaration (“MND”).25 <br /> <br />This appeal is file pursuant to Title 5 of the San Leandro Zoning Code <br />Chapter 5.04 which provides, decisions by Board of Zoning Adjustments may be <br />appealed to the City Council.26 An appeal shall be initiated within 15 days of the <br />date of the decision.27 Here, the appeal period ends on May 21, 2021. This Appeal <br />is timely filed within the time authorized by the Code. <br /> <br />A. CEQA Infill Exemption <br /> <br />The Board of Zoning Adjustments relied on a narrow CEQA exemption that <br />allow approval of projects without an EIR in very narrow circumstances, CEQA <br />Section 21094.528 and CEQA Guidelines Section 15183.3 (“Infill Exemption”).29 The <br />Infill Exemption provides that, if an EIR was previously certified for a planning <br />level decision of a city or county, subsequent CEQA review may be limited to <br />evaluating a project’s effects on the environment that are either (A) specific to the <br />project or to the project site and were not addressed as significant effects in the <br />prior environmental impact report or (B) where substantial new information shows <br />the effects will be more significant than described in the prior environmental impact <br />report.30 The Infill Exemption allows a lead agency to forego preparation of an EIR <br />if neither of these situations occur, or if the lead agency determines that uniformly <br />applicable development policies or standards adopted by the agency will <br />substantially mitigate the new effects. A lead agency’s determination pursuant to <br />this section must be supported by substantial evidence.31 <br /> <br />As discussed in our Comments and below, there is substantial new <br />information demonstrating that the Project is likely to result in significant effects <br />related to hazardous materials, health risk, air quality, greenhouse gas emissions, <br />noise, and transportation that are not mitigated, let alone substantially mitigated, <br />by the City’s standard conditions of approval. These impacts require that an EIR be <br />prepared. <br /> <br />25 Pub. Resources Code § 21080 (c)(2); 14 CCR § 15064(f)(2). <br />26 San Leandro Zoning Code § 5.20.100. <br />27 San Leandro Zoning Code § 5.20.108(A). <br />28 Pub. Res. Code § 21094.5. <br />29 14 Cal. Code Regs. § 15183.3. <br />30 Pub. Res. Code § 21094.5(a); 14 Cal. Code Regs. § 15183.3(a), (c). <br />31 Pub. Res. Code § 21094.5(a). <br />66