5 - PUBLIC COMMENT_DAVIS (SAFER)

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SAFER Comments on Addendum to One Broadway Plaza EIR March 30, 2020 Page 10 of 11 or supplemental EIR or negative declaration is to explore environmental impacts not considered in the original environmental document.” Friends of College of San Mateo Gardens v. San Mateo (2016) 1 Cal.5th 937, 949 (quoting Save Our Neighborhood v. Lishman (2006) 140 Cal.App.4th 1288, 1296). As discussed above, there is substantial evidence that the residential component of the Project will result in a significant air quality impact to residential occupants of the Project. This impact is significant and new. It could not have been known in 2004 because there was no residential element of the Project at that time. Accordingly, the City violated CEQA by not preparing an SEIR to analyze and mitigate this new significant impact. There is no substantial evidence in the record to support a conclusion that the Project will not have a new significant indoor air quality impact as a result of significant changes to the Project when compared to the project analyzed in the 2004 EIR. Accordingly, the City’s decision to prepare an Addendum rather than an SEIR is not supported by substantial evidence, and approval of the Project based on the Addendum would constitute an abuse of discretion. V. THE ADDENDUM’S CONCLUSIONS ARE NOT SUPPORTED BY SUBSTANTIAL EVIDENCE. A. There is no Evidence that the Project Will Not Result in a New Significant Construction-Related Air Quality Impact The Addendum concludes that the Project will not have a significant new impacts on schools. This conclusion is not supported by substantial evidence because the Addendum never evaluates the capacity of the nearby schools, and their ability to absorb additional students created by the Project. The Project site is served by Heroes Elementary School, Willard Intermediate School, and Santa Ana High School. Addendum, p. 76. The Addendum finds that the “Project would generate up to 402 residential units and up to 965 residents at the Project Site, some of which are expected to be school-aged children.” Id. The Project is anticipated to generate approximately 227 students. Id. Specifically, it is expected to generate 117 elementary school students, 50 middle school students, and 60 high school students. Id. at 77. According to the Addendum: the Proposed Project would be required to pay SB 50 school impact fees to the SAUSD. Payment of school impact fees will ensure that the impact of the Proposed Project on school services are less than significant level; the Proposed Project would not result in the need for new or physically altered schools or result in the construction of a new school. The Proposed Project would not create a new significant impact or a substantial increase in the severity of previously identified effects.