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May 6, 2021 <br />Page 16 <br /> <br /> <br />5005-003acp <br /> <br /> printed on recycled paper <br />i. Air quality <br /> <br />Air quality impacts are more significant for this Project than was represented <br />in the 2035 General Plan EIR. The San Leandro Zoning Code provides that the <br />Board of Zoning Adjustment may approve an application for a use permit, if on the <br />basis of the application, plans, materials, and testimony submitted, the Board finds <br />“[t]hat the proposed location of the use and the proposed conditions under which it <br />would be operated or maintained will be consistent with the General Plan; will not <br />be detrimental to the public health, safety or welfare of persons residing, or working <br />in, or adjacent to, the neighborhood of such use; and will not be detrimental to <br />properties or improvements in the vicinity, or to the general welfare of the City.”68 <br />Here, the Conditional Use Permit for this Project cannot be approved at this time, <br />because the Project is not consistent with the General Plan and our experts have <br />determined the Project may have significant detrimental effects to public health due <br />to air quality impacts. <br /> <br />Further, General Plan Action EH-3.4.A requires air quality studies, stating <br />that the City must “Work with BAAQMD in the review and monitoring of <br />businesses and activities with the potential for air quality impacts.”69 <br /> <br />Cancer risk for the maximum exposed off-site resident from construction <br />activities related to the proposed Project were calculated by the City to be 54.7 in a <br />million, and would exceed the 10 in a million-significance threshold.70 As discussed <br />above, SWAPE calculates an even higher health risk. <br /> <br />The Project would result in demolition and debris hauling, site preparation <br />and soil hauling, grading and soil hauling, building construction, paving, and <br />architectural coating activities.71 Construction would last approximately 20 <br />months.72 The Checklist states that the impact of the proposed Project’s <br />construction emissions would be less than significant and would not be more <br />significant than described in the prior EIR. This statement is not supported by <br />substantial evidence. <br /> <br /> <br />68 San Leandro Zoning Code § 5.08.124(A)(2). <br />69 General Plan p. 7-49. <br />70 Checklist p. 4-18. <br />71 Checklist p. 4-12. <br />72 Checklist p. 4-12. <br />106