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May 6, 2021 <br />Page 5 <br /> <br /> <br />5005-003acp <br /> <br /> printed on recycled paper <br />record shows that all uncertainties regarding the mitigation of impacts have been <br />resolved; an agency may not rely on mitigation measures of uncertain efficacy or <br />feasibility.14 This approach helps “insure the integrity of the process of decision by <br />precluding stubborn problems or serious criticism from being swept under the <br />rug.”15 <br /> <br />A. CEQA Infill Exemption <br /> <br />The City seeks to rely on narrow CEQA exemptions that allow approval of <br />projects without an EIR in very narrow circumstances, CEQA Section 21094.516 and <br />CEQA Guidelines Section 15183.3 (“Infill Exemption”).17 The Infill Exemption <br />provides that, if an EIR was previously certified for a planning level decision of a <br />city or county, subsequent CEQA review may be limited to evaluating a project’s <br />effects on the environment that are either (A) specific to the project or to the project <br />site and were not addressed as significant effects in the prior environmental impact <br />report or (B) where substantial new information shows the effects will be more <br />significant than described in the prior environmental impact report.18 The Infill <br />Exemption allows a lead agency to forego preparation of an EIR if neither of these <br />situations occur, or if the lead agency determines that uniformly applicable <br />development policies or standards adopted by the agency will substantially mitigate <br />the new effects. A lead agency’s determination pursuant to this section must be <br />supported by substantial evidence.19 <br /> <br />San Leandro Planning Staff recommends the Board of Zoning Adjustments <br />adopt Resolution 2021-002, approving a Conditional Use Permit, Site Plan Review, <br />and Parking Exception for 1188 E. 14th Street, PLN18-0036, based on the Findings <br />of Fact and subject to the Conditions of Approval.20 The Staff Report states that <br />pursuant to Public Resources Code Section 21094.5, no additional environmental <br />review is required under CEQA for the Project as an infill project. This statement is <br /> <br />14 Kings County Farm Bur. v. County of Hanford (1990) 221 Cal.App.3d 692, 727-28 (a groundwater <br />purchase agreement found to be inadequate mitigation because there was no record evidence that <br />replacement water was available). <br />15 Concerned Citizens of Costa Mesa, Inc. v. 32nd Dist. Agricultural Assn. (1986) 42 Cal.3d 929, 935. <br />16 Pub. Res. Code § 21094.5. <br />17 14 Cal. Code Regs. § 15183.3. <br />18 Pub. Res. Code § 21094.5(a); 14 Cal. Code Regs. § 15183.3(a), (c). <br />19 Pub. Res. Code § 21094.5(a). <br />20 City of San Leandro, Staff Report File # 21-241, SR BZA 1188 E. 14th St. PLN18-0036, <br />https://sanleandro.legistar.com/LegislationDetail.aspx?ID=4924565&GUID=C7DDB6F8-BD7C- <br />4FFE-A1C6-2772FFE10226&FullText=1. <br />95