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Chairman and Members of the Commission San Joaquin County Planning Commission October 5, 2000 Page 2 • The County of San Joaquin has failed to honor the tcrins and conditions of the MOU, by failing to provide adequate notice of proposed actions regarding the Project and by failing to provide Project information as required by the terms of the MOU in order to allow the County of Alameda to fully evaluate the Project; • The failure to meet and confer in advance of San Joaquin County and the developer committing to mitigation proposals and deferred mitigation plans violates the MOU and has prejudiced the CEQA review process. The very purpose of the MOU was to avoid CEQA disputes on the matters embraced by the MOU. That effort has failed because San Joaquin County has not timely or adequately supplied information to Alameda County, and has forged ahead with the Project approvals in spite of the clear directive of the MOU to meet and discuss Alameda County concerns at an early stage in the Project review process. • The proposed action on the Project violates CEQA in tliat the County of San Joaquin is under an obligation to prepare a subsequent or new Environmental Impact Report (EIR) pursuant to CEQA. The circumstances under which this i Project would be carried out have significantly changed since the prior Master Plan and Specific Plan EIRs were prepared over 5 years ago,and the proposed Project will have the effect of exacerbating transportation impacts and creating new significant impacts,thus necessitating major revisions to the analysis in prior EIRs; • The General and Specific Plan EIRs prepared in 1992, 1993/94 are out of date, more than 5 years old, and are premised on transportation and traffic information that in many instances is now 10 years old (or more), as well as not being specific to the Project, thus requiring preparation of an EIR for the Neighborhood"F" Project currently before you.The proposed Negative Declaration fails to address and mitigate significant transportation impacts of the Project; • The Project will have serious,unmitigated significant impacts on the County of Alameda as a result of the addition of thousands of west bound vehicle trips in the 1-580 corridor, as well as on both Grant Line and Altamont Pass Roads. These transportation impacts are severe and will have permanent adverse effects on Alameda County and its roadway systems; • There is no factual basis in the record to support the claim of the Negative Declaration that jobs will be created in the Neighborhood"F"Project area, and thus the purported"jobsfhousing"balance upon which the Negative Declaration i premised is non-existent. There is no substantial evidence from which to conclude that either jobs would be created in vacant"industrial'parcels, or that s«ch jobs would be the basis for persons to live in the Neighborhood"F"Project. Even the prior program level EIRs assumed a market-constraint scenario that