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May 19, 2021 <br />Page 11 <br /> <br /> <br />5005-004acp <br /> <br /> printed on recycled paper <br />one or more significant effects on the environment, but the project <br />proponents decline to adopt the mitigation measure or alternative.43 <br /> <br />Only where none of the conditions described above calling for preparation of <br />a subsequent or supplemental EIR have occurred may the lead agency consider <br />preparing a subsequent negative declaration, an addendum or no further <br />documentation.44 The decision must be supported by substantial evidence.45 <br /> <br />“Substantial evidence” under CEQA means “enough relevant information and <br />reasonable inferences from this information that a fair argument can be made to <br />support a conclusion, even though other conclusions might also be reached.”46 <br />Further, “[w]hether a fair argument can be made that the project may have a <br />significant effect on the environment is to be determined by examining the whole <br />record before the lead agency. Argument, speculation, unsubstantiated opinion or <br />narrative, evidence which is clearly erroneous or inaccurate, or evidence of social or <br />economic impacts which do not contribute to or are not caused by physical impacts <br />on the environment does not constitute substantial evidence.”47 Substantial <br />evidence “shall include facts, reasonable assumptions predicated upon facts, and <br />expert opinion supported by facts.”48 Here, the Board’s decision to approve the <br />Project violated CEQA, land use laws and the City’s municipal codes, and was not <br />supported by substantial evidence in the record. <br /> <br />II. THE CITY COUNCIL MUST PREPARE AN INFILL EIR BECAUSE <br />THE PROJECT WILL RESULT IN NEW AND MORE SIGNIFICANT <br />EFFECTS AND UNIFORMLY APPLICABLE DEVELOPMENT <br />POLICIES DO NOT SUBSTANTIALLY MITIGATE SUCH EFFECTS <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 /> <br />43 CEQA Guidelines §§ 15162(a)(1)-(3). <br />44 CEQA Guidelines § 15162(b). <br />45 Id. §§ 15162 (a), 15164(e), and 15168(c)(4). <br />46 CEQA Guidelines § 15384(a). <br />47 Id. <br />48 Id. at § 15384(b). <br />70