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November 26, 2018 <br />Comment on Environmental Impact Report, 2525 N. Main Street Multi -Family Residential Project <br />(aka Magnolia at the Park) SCH 2018021031, DP No. 2017-34 <br />page 4 <br />21100(b)(1); CEQA Guidelines § 15126(a); Berkeley Jets, 91 Cal.AppAth 1344, <br />1354. The EIR must not only identify the impacts, but must also provide "information <br />about how adverse the impacts will be." Santiago County Water Dist. v. County of <br />Orange (1981) 118 Cal.App.3d 818, 831. The lead agency may deem a particular <br />impact to be insignificant only if it produces rigorous analysis and concrete <br />substantial evidence justifying the finding. Kings County Farm Bureau v. City of <br />Hanford (1990) 221 Cal.App.3d 692. "The 'foremost principle' in interpreting CEQA <br />is that the Legislature intended the act to be read so as to afford the fullest possible <br />protection to the environment within the reasonable scope of the statutory <br />language." Communities for a Better Env't v. Calif. Resources Agency (2002) 103 <br />Cal.AppAth 98, 109. <br />While the courts review an EIR using an "abuse of discretion" standard, "the <br />reviewing court is not to 'uncritically rely on every study or analysis presented by a <br />project proponent in support of its position. A'clearly inadequate or unsupported <br />study is entitled to no judicial deference.'" Berkeley Jets, 91 Cal. App. 4th 1344, <br />1355 (emphasis added), quoting, Laurel Heights Improvement Assn. v. Regents of <br />Univ. of Cal. (1988) 47 Cal.3d 376, 391409, fn. 12. A prejudicial abuse of discretion <br />occurs "if the failure to include relevant information precludes informed <br />decisionmaking and informed public participation, thereby thwarting the statutory <br />goals of the EIR process." San Joaquin Raptor/Wildlife Rescue Center v. County of <br />Stanislaus (1994) 27 Cal. App. 4th 713, 722]; Galante Vineyards v. Monterey <br />Peninsula Water Management Dist. (1997) 60 Cal. App. 4th 1109, 1117; County of <br />Amador v. El Dorado County Water Agency (1999) 76 Cal. App. 4th 931, 946. <br />The lead agency must evaluate comments on the draft EIR and prepare <br />written responses in the final EIR ("FEIR"). (PRC §21091(d)) The FEIR must <br />include a "detailed" written response to all "significant environmental issues" raised <br />by commenters. As the court stated in City of Long Beach v. LA USD (2009) 176 <br />Cal.AppAth 889, 904: <br />The requirement of a detailed written response to comments helps to ensure <br />that the lead agency will fully consider the environmental consequences of a <br />decision before it is made, that the decision is well informed and open to <br />public scrutiny, and that public participation in the environmental review <br />process is meaningful. <br />The FEIR's responses to comments must be detailed and must provide a <br />reasoned, good faith analysis. (14 CCR §15088(c )) Failure to provide a <br />substantive response to comment render the EIR legally inadequate. (Rural Land <br />Owners Assoc. v. City Council (1983) 143 Cal.App.3d 1013, 1020) <br />75E-248 <br />