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May 6, 2021 <br />Page 13 <br /> <br /> <br />5005-003acp <br /> <br /> printed on recycled paper <br />mitigation and was analyzed in the prior EIR, and would substantially be mitigated <br />by uniformly applicable development policies.53 But these determinations are not <br />supported by substantial evidence. The impacts of an emergency generator <br />emitting DPM was not analyzed in the Checklist nor the General Plan EIR. The <br />Uniformly Applicable Development Policies would therefore not substantially <br />mitigate the impact of TACs on sensitive receptors. <br /> <br />d. Diesel Particulate Matter from Traffic <br /> <br />The Checklist states “The approximately 23,000-sf grocery store would <br />generate 8 to 10 truck trips of various size per day. This amount of heavy-duty <br />truck trips would not be a significant source of diesel particulate matter (DPM).” <br />This statement is not supported by substantial evidence. As shown in SWAPE’s <br />comments, the increase in DPM from this Project would be significant and remains <br />unmitigated. An Infill EIR is required to adequately analyze and mitigate air <br />quality impacts from traffic to satisfy CEQA. <br /> <br />ii. Noise Impacts <br /> <br />The Checklist concludes that noise impacts from construction, traffic, parking <br />and truck loading, building mechanical equipment and rooftop deck would all be <br />less than significant and no more significant than the impacts that were evaluated <br />in the prior EIR.54 This statement is not supported by substantial evidence because <br />the Checklist and the General Plan EIR failed to provide a threshold of significance <br />for noise impacts.55 <br /> <br />Wilson Ihrig determined that the noise level from the building mechanical <br />equipment on the rooftop deck would actually exceed the City’s “normally <br />acceptable” land use standard.56 This runs counter to the conclusion of the CEQA <br />Checklist. An Infill EIR is required to adequately analyze these new specific <br />impacts. <br /> <br />The Checklist seeks to rely on California Building Industry Association v. <br />Bay Area Air Quality Management District57, (hereinafter “CBIA”) stating “it is <br /> <br />53 Checklist p. 4-3. <br />54 Checklist p. 4-90 - 92. <br />55 Wilson Ihrig Comments, p. 2. <br />56 Wilson Ihrig Comments, p. 2. <br />57 62 Cal. 4th 369. <br />103