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February 18, 2025 Page 3 7357-017acp printed on recycled paper The Agenda Report fails to acknowledge or respond to East Bay Residents’ comments and continues to incorrectly proposal two separate CEQA documents: Arroyo Lago Application Processing Terms: CEQA The City will complete environmental review of the Arroyo Lago project consistent with [CEQA]. To the extent allowed by CEQA, the City will utilize the Arroyo Lago Environmental Impact Report prepared by Alameda County as the basis for the City’s CEQA review. The applicant will provide the City with timely information and materials as needed to support the City’s CEQA review of the project.7 East Lakes Application Process: CEQA Review The City will serve as the lead agency and will complete environmental review of the project consistent with the California Environmental Quality Act as follows: The City will prepare an environmental impact report (EIR) for the project…The City aims to publish a draft EIR for the project within six months of finalizing the project description.8 There is substantial evidence in the City’s record demonstrating that approach would not comply with CEQA. Moreover, the City cannot rely on the Draft EIR prepared for the Arroyo Lago Project absent substantial revisions and recirculation. As EBRRD’s February 4 comments explained, the Arroyo Lago Draft EIR described annexation as a Project alternative which was “determined to be infeasible”9 and was not analyzed in the Draft EIR. The applicants have also submitted “modified project concepts” for both sites, and are proceeding with annexation applications and new entitlement applications to obtain all necessary Project approvals from the City.10 While some impacts may be lessened if the Projects do not construct new sewer and water facilities (as proposed under the County applications), the Projects would result in new and potentially significant impacts on City public services and utilities which were not analyzed in the Arroyo Lago Draft EIR. In particular, the Draft EIR failed to analyze whether the Projects could be adequately served by the 7 Agenda Report, Attachment 1: Arroyo Lago Application Processing Terms (emphasis added). 8 Agenda Report, Attachment 2: East Lakes Application Processing Terms (emphasis added). 9 DEIR, p. 6-25. 10 Staff Report, pp. 2-4; Arroyo Lago Application Processing Terms; East Lakes Application processing terms. The Staff Report provides that “the applicants have expressed willingness to work with the City to modify the projects in conjunction with an annexation application, and after considering feedback from neighbors of the Arroyo Lago Project, and from City staff regarding both the Arroyo Lago and East Lakes projects, have submitted revised “City” versions of the two projects.”).