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May 6, 2021 <br />Page 6 <br /> <br /> <br />5005-003acp <br /> <br /> printed on recycled paper <br />not supported by substantial evidence, additional review in the form of an Infill EIR <br />is required. CEQA Guidelines §15183.3 specifies the content of the Infill EIR, <br />which is to analyze only those new or substantially more severe potentially <br />significant impacts that are not substantially mitigated by the application of <br />uniform development policies or standards.21 <br /> <br />In order to approve a Conditional Use Permit, the Board of Zoning <br />Adjustments must determine “on the basis of the application, plans, materials, and <br />testimony submitted… [t]hat the proposed location of the use and the proposed <br />conditions under which it would be operated or maintained will be consistent with <br />the General Plan; will not be detrimental to the public health, safety or welfare of <br />persons residing, or working in, or adjacent to, the neighborhood of such use; and <br />will not be detrimental to the properties or improvements in the vicinity, or to the <br />general welfare of the City.”22 Further, the Zoning Code requires that the Board <br />may approve a use permit if the Board finds that “That the proposed use will not <br />create adverse impacts on traffic or create demands exceeding the capacity of public <br />services and facilities, which cannot be mitigated.”23 This Project has been found to <br />be detrimental to the public health, safety and the general welfare of San Leandro <br />residents, and the Project would create adverse impacts that were not adequately <br />analyzed in the Checklist. The Board, therefore, cannot approve this Project <br />without first mitigating such impacts in an Infill EIR. <br /> <br />III. THE INFILL EXEMPTION DOES NOT APPLY TO THE PROJECT <br />BECAUSE THE PROJECT WILL RESULT IN NEW AND MORE <br />SIGNIFICANT EFFECTS THAN PREVIOUSLY ANALYZED AND <br />UNIFORMLY APPLICABLE DEVELOPMENT POLICIES DO NOT <br />SUBSTANTIALLY MITIGATE SUCH EFFECTS <br /> <br />An Infill EIR must be prepared for this Project, based on the limitations in <br />Public Resources Code section 21094.5(b), because the Project includes new specific <br />effects, and the significant effects of the infill project were not address in the prior <br />EIR, and are more significant than the effects addressed in the prior EIR.24 A new <br />specific effect may result if, for example, the prior EIR stated that sufficient site- <br /> <br />21 Stephen L. Kostka, Michael H. Zischke, Practice Under the California Environmental Quality Act <br />§10.36-10.41. <br />22 San Leandro Zoning Code § 5.08.124(A)(2). <br />23 Id. at § 5.08.124(A)(4). <br />24 CEQA Guidelines § 15183.3(d)(1)(C). <br />96