5A Public Hearings 2021 0706 - Laserfiche WebLink

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File Number: 21-398 housing plan in accord with the discretionary authority granted to them under Zoning Code Section 6.04.132(B) by requiring an additional five inclusionary housing units. This approval helps the City meet its above-moderate income (market rate) regional housing needs allocation (RHNA) goals because San Leandro is in compliance with meeting its very low- and low-income housing production goals per HCD, but the City does not meet its market rate housing production goal. For these reasons, the Project will not cause new significant and unmitigated housing impacts, does not violate the inclusionary housing requirements of the City’s Zoning Ordinance, the Project provides sufficient inclusionary housing, and the Project as approved complies with existing policies established in the General Plan Housing Element. Air Quality Impacts The Infill Checklist prepared for the Project adequately analyzed the Project’s construction and operational air quality as well as public health risks to the surrounding community. The Project’s extensive air quality analysis determined that the Project will not generate toxic air contaminants that are new or more severe than previously analyzed. This Appellant has made an assumption in its argument that the City’s uniformly applicable development standards are inadequate and not enforceable, when in fact the City and the Bay Area Air Quality Management District (BAAQMD) are authorized and routinely and actively engaged in the inspection and enforcement of air quality compliance during all grading and construction activities and are further authorized and engaged with enforcement post-construction. The transit-oriented Project was designed and constructed in a way that reduces the potential for future air quality impacts by reducing reliance on vehicle trips and promoting active transportation options. Furthermore, the Conditions of Approval reflect and reinforce the uniformly applicable development standards imposed by the City, the United States Environmental Protection Agency, and the Bay Area Air Quality Management District, among other agencies. The Applicant’s letter from Trinity Consultants dated June 21, 2021, provides additional supporting facts that refute and rebut this Appellant’s claim that the project would Cause New Significant and Unmitigated Air Quality Impacts and those areas where the claims were not supported by substantial evidence. In its review of the Appellant’s comments, the Trinity Consultants found no new information that meets the substantial evidence test to require additional analysis through an EIR. Staff concurs with the analysis and the findings. Health Risk Impacts The Appellant argues that the Project exceeds an allowable cancer risk threshold based on a temporary decrease in air quality during construction and grading and delivery traffic under the assumption that the City’s uniformly applicable development standards do not adequately address air quality impacts for those activities. The Infill Checklist directly and appropriately addresses this topic and the Project’s Conditions of Approval contain the U.S. Environmental Protection Agency’s (EPA) Tier 4 regulations that reduce the project’s localized emissions below BAAQMD’s threshold for cancer risk. The Applicant’s letter from Trinity Consultants dated June 21, 2021 further provides additional supporting facts that refute the Appellant’s claim that the project would exceed allowable cancer risk levels and identifies those areas where the claim is not supported by substantial evidence. Page 3 City of San Leandro Printed on 7/1/2021 53