June 7, 2022
response to our comments.1 These documents included (1) a health risk assessment, 2 (2) responses to our comments, 3 (3) revisions to the Project's General Plan Amendments, 4 and (4) an updated biological setting.5 Silicon Valley Residents submitted comments on May 24, 2022 explaining that the new studies failed to resolve some of the issues raised in our comments, and that there remain potentially significant impacts to biological resources and inconsistencies with the General Plan.
Just a few hours ago, at 2:45 PM on June 7, 2022, the City emailed Silicon Valley Residents a new technical document from its consultant containing additional responses to our comments. As the Project's hearing is scheduled the same day at 7:00 PM, Silicon Valley Residents was not provided sufficient time to adequately respond to the City's letter. However, biological resources expert Shawn Smallwood, PhD prepared the attached preliminary responses briefly demonstrating that neither the new study still fails to resolve the FEIR's shortcomings on biological resource analysis and mitigation. 6 His comments show that the EIR's environmental setting, impacts analysis, and mitigation remain unsupported by substantial evidence.
The City's latest responses, as well as the technical documents released after the Planning Commission hearing, warrant recirculation of the EIR. Section 15088.5(a) of the CEQA Guidelines require a lead agency "to recirculate an EIR when significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review under Section 15087 but before certification." The Guidelines state that '"Significant new information' requiring recirculation include, for example, a disclosure showing that: (1) A new significant environmental impact would result from the project or from a new mitigation 1 City of Santa Clara, Post-Planning Commission Technical Information, https://www.santaclaraca.gov/Home/Components/BusinessDirectory/BusinessDirectory/370/3649?np age=2.
2 MIG, Freedom Circle Focus Area Plan and Greystar General Plan Amendment: Post-Planning Commission EIR Memo for Air Quality Comments, May 12, 2022, https://www .santaclaraca.gov/home/showpublisheddocument/77391/63 7880536900270000. 3Jd.
4 Id.
5 MIG, Updated Biological Setting for the Greystar Parcels in the Freedom Circle Focus Area Plan, May 11, 2022,
https://www .santaclaraca.gov/home/showpublisheddocument/77389/63 7880536006030000. 6 Dr. Smallwood's reply comments and curricula vitae are attached hereto as Exhibit A. 3826-009