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May 6, 2021 <br />Page 18 <br /> <br /> <br />5005-003acp <br /> <br /> printed on recycled paper <br />recommends that an analysis of health risk impacts posed to nearby sensitive <br />receptors from Project operation be included in a full CEQA analysis for the <br />Project.77 <br /> <br />The Cancer Risk for this Project exceeds allowable thresholds. The Project’s <br />unmitigated construction HRA indicates that the Project would pose an excess <br />cancer risk of 54.7 in one million to people living nearby.78 As analyzed above, the <br />health risk analysis in the Checklist is inadequate under CEQA, an Infill EIR must <br />be prepared to adequately analyze and mitigate the impacts to human health from <br />this Project. <br /> <br />iii. Greenhouse Gas Emissions <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.”79 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 must not approve the Conditional Use Permit on this basis. <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.”80 The GHG impact <br />from this Project is therefore more significant than addressed in the prior EIR. An <br />Infill EIR must be prepared to adequately address and mitigate GHG emissions. <br /> <br /> <br /> <br />77 Id. at p. 18. <br />78 Checklist p. 4-17, Table 4-3. <br />79 San Leandro Zoning Code § 5.08.124(A)(2). <br />80 SWAPE Comments p. 24. <br />108