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May 19, 2021 <br />Page 15 <br /> <br /> <br />5005-004acp <br /> <br /> printed on recycled paper <br />emissions as well as the public health risks to the surrounding community from <br />exposure to toxic air contaminants (“TACs”) generated by the Project, which are <br />new or more severe than previously analyzed. <br /> <br />The Checklist and the 2035 General Plan EIR were inconsistent in their <br />analysis of air quality impacts. The Checklist determined the Air Quality impacts <br />would be less than significant, but the General Plan EIR determined they would be <br />significant and unavoidable. <br /> <br />Our experts determined the Project’s construction and operational emissions <br />are underestimated, and therefore the Board’s approval of the Project was not based <br />on substantial evidence in violation of CEQA. Further, SWAPE determined that the <br />Checklist’s calculation regarding off-road vehicles is not supported by substantial <br />evidence.64 SWAPE also determined that the Checklist underestimated the <br />Project’s mobile source operational emissions. The Project’s mobile-source <br />emissions may constitute a new and potentially significant impact in the Project, <br />that was not addressed or mitigated in the prior EIR. An Infill EIR is required to <br />remedy these significant construction and operational emission analysis <br />deficiencies, in order to adequately mitigate such issues prior to Project approval by <br />the City Council. <br /> <br /> The Project’s air quality impacts remain unmitigated. The Project is not <br />consistent with the General Plan because General Plan Policy 31.04 provides that <br />the City must “Require new development to be designed and constructed in a way <br />that reduces the potential for future air quality problems, such as odors and the <br />emission of any and all air pollutants.”65 The Board therefore cannot approve the <br />Conditional Use Permit due to the inconsistency with the General Plan policy. <br />Further, the mitigation measures presented in the General Plan and Checklist <br />would not substantially mitigate the impacts of the Project. <br /> <br /> The Checklist approved by the Board does not ensure that best available <br />control technologies are used for operations that could generate air pollutants as <br />required by General Plan Policy EH-3.4.66 Further, the use of Tier-4 Interim <br />mitigation measures does not constitute sufficient mitigation. As SWAPE describes <br />in their comments, Tier 4 Interim measures do not constitute adequate mitigation <br /> <br />64 SWAPE Comments, p. 7. <br />65 General Plan p. 7-49. <br />66 General Plan p. 7-49. <br />74