Laserfiche WebLink
May 19, 2021 <br />Page 8 <br /> <br /> <br />5005-004acp <br /> <br /> printed on recycled paper <br />Additionally, under the City’s Zoning Code, in order to approve a CUP, the <br />Board of Zoning Adjustments was required to determine “on the basis of the <br />application, plans, materials, and testimony submitted… [t]hat the proposed <br />location of the use and the proposed conditions under which it would be operated or <br />maintained will be consistent with the General Plan; will not be detrimental to the <br />public health, safety or welfare of persons residing, or working in, or adjacent to, the <br />neighborhood of such use; and will not be detrimental to the properties or <br />improvements in the vicinity, or to the general welfare of the City.”32 Further, the <br />Zoning Code requires that the Board may approve a use permit if the Board finds <br />that “That the proposed use will not create adverse impacts on traffic or create <br />demands exceeding the capacity of public services and facilities, which cannot be <br />mitigated.”33 There is substantial evidence demonstrating that the Project will be <br />detrimental to the public health, safety and the general welfare of San Leandro <br />residents, and that the Project would create adverse impacts that were not <br />adequately analyzed in the Checklist. These impacts render the Project <br />inconsistent with mandatory Zoning Code requirements, resulting in an additional <br />CEQA violation.34 The Board, therefore, should not have approved this Project <br />without first mitigating such impacts in an Infill EIR. The City Council must <br />remand this Project to Staff to complete a thorough environmental review in an <br />Infill EIR in order to satisfy CEQA. <br /> <br />B. Subsequent CEQA Review <br /> <br />CEQA Guidelines § 15183.3(d)(2)(C) requires that “If the infill project would <br />result in new specific effects or more significant effects, and uniformly applicable <br />development policies or standards would not substantially mitigate such effects, <br />those effects are subject to CEQA. With respect to those effects that are subject to <br />CEQA, the lead agency shall prepare an infill EIR if the written checklist shows <br />that the effects of the infill project would be potentially significant. In this <br />circumstance, the lead agency shall prepare an infill EIR.”35 <br /> <br /> <br />32 San Leandro Zoning Code § 5.08.124(A)(2). <br />33 Id. at § 5.08.124(A)(4). <br />34 Under CEQA, a significant environmental impact results if there is a conflict with any land use <br />plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. <br />Pocket Protectors v. Sacramento (2005) 124 Cal.App.4th 903; Endangered Habitats League, Inc. v. <br />County of Orange (2005) 131 Cal.App.4th 777, 783-4 (Project’s inconsistencies with local plans and <br />policies constitute significant impacts under CEQA). <br />35 CEQA Guidelines § 15183.3(d)(2)(C). <br />67