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~: The Initial Study adequately evaluated the potential significant environmental impacts associated with construction of the proposed public works improvement projects. Future private development projects will be. evaluated in compliance with CEQA at the time a plannin.$ application for a specific development project is submitted to the C~ty. Should it be determined at that time that additional environmental documentation is required to comply with CEQA, that documentation will be prepared. At this time, it ~s ?eeculative to determine or state the type or intensity of any furore velopment, that might occur within the Project Area. Any potential impact associated with future development that may occur over the 30-year life of the Plan is too speculative to evaluate and is not required to be evaluated as stated in Section 15145 of the CEQA Guidelines. Comment: It is clear that there is serious public controversy with regard to the environment.al effects of the Amendment, the adequacy of prior designated mitiganon me.asures, and the appropriateness of the Negative Declaration. The~e ~s further disagreement among the Agency's experts and the District's experts and, therefore, the CEQA Guidelines suggest that the effects shall be treated as significant and an EIR form of disclosure shall be prepared. The District has suggested and supported the position, that the appropriate EIR for the applications is a Subsequent Environmental Impact Report, pursuant to Section 15162 of the CEQA Guidelines. 1Rest>on.s~: The Agency does not believe that the Plan Amendm. ent has ~enous public controversy. The "controversy" as described m the comment refers to the number of potential new students generated by the Plan Amendment from the Agency's perspective and the number generated from the District's viewpoint. The Agency has not ~.dentified any significant impacts on the District with adoption and ~mplementatlon of the Plan Amendment. The District has not provided to date information that indicates the Plan Amendment would significantly impact the District by generating a significant number of new students to the District. The disagreem, ent b.e. tween the Agency and the District strictly deals with fiscal review. Ftscal review is not applicable to the CEQA Guidelines. Therefore, the Agency has prepared a Negative Declaration for the Plan Amendment as allowed by CEQA. Comm. ent: In the Agency's response to comments received on the Negative Declaration, the Agency attempts to minimize the impacts on the District and the need to prepare an environmental impact report. The Agency further attempts to establish an after-the-fact argument to su.bstantiate their position of no significant environmenta, l impact on the District, and further attempts to suggest that the District d~d not substantiate its claim of impact. 453 23 I