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May 19, 2021 <br />Page 21 <br /> <br /> <br />5005-004acp <br /> <br /> printed on recycled paper <br />and to ensure removal of contaminated soil prior to Project construction. These <br />mitigation measures must be included as binding mitigation in an Infill EIR. <br /> <br />E. The Project Will Cause New Significant and Unmitigated <br />Greenhouse Gas Emission Impacts <br /> <br />In order to approve a Conditional Use Permit, the Board of Zoning <br />Adjustments must determine “on the basis of the application, plans, materials, and <br />testimony submitted… [t]hat the proposed location of the use and the proposed <br />conditions under which it would be operated or maintained will be consistent with <br />the General Plan; will not be detrimental to the public health, safety or welfare of <br />persons residing, or working in, or adjacent to, the neighborhood of such use; and <br />will not be detrimental to the properties or improvements in the vicinity, or to the <br />general welfare of the City.”90 The excessive GHG emissions of this Project, absent <br />adequate mitigation, would be detrimental to the public health, safety and welfare <br />of San Leandro residents and would be detrimental to the general welfare of the <br />City. The Board violated the Zoning Code in approving this Project. <br /> <br />SWAPE determined that the Checklist’s conclusion that GHG emissions will <br />be less than significant is not based on substantial evidence. SWAPE conducted <br />accurate GHG modeling which found that the Project will exceed allowable <br />thresholds of GHG emissions “thus resulting in a potentially significant impact not <br />previously mitigated in the Checklist or General Plan EIR.”91 The GHG impact <br />from this Project is therefore more significant than addressed in the prior EIR. The <br />City Council and Staff must prepare an Infill EIR to adequately address and <br />mitigate GHG emissions. <br /> <br />F. The Project Will Cause New Significant and Unmitigated Noise <br />Impacts <br /> <br />Approval of the Project by the Board violated San Leandro Zoning Code <br />Section 5.08.124(A)(2) which prohibits the Board of Zoning Adjustments from <br />approving a Use Permit where the Project would be detrimental to the general <br />welfare of the City.92 Approval of the Project with unmitigated noise pollution <br />would constitute a detriment to the general welfare of the City. The Checklist <br /> <br />90 San Leandro Zoning Code § 5.08.124(A)(2). <br />91 SWAPE Comments p. 24. <br />92 San Leandro Zoning Code Section 5.08.124(A)(2). <br />80