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May 6, 2021 <br />Page 20 <br /> <br /> <br />5005-003acp <br /> <br /> printed on recycled paper <br />Guidelines exemption 15183.3, the Project site’s presence on the Cortese list <br />precludes reliance on the exemption.85 <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.”86 The Checklist does not show, with substantial <br />evidence, that the soil contamination onsite will not be detrimental to public health, <br />safety or welfare of people living and working on the Project site. <br /> <br /> General Plan Policy EH-5.2 provides for the clean-up of contaminated sites to <br />“[e]nsure that the necessary steps are taken to clean up residual hazardous wastes <br />on any contaminated sites proposed for redevelopment or reuse. Require soil <br />evaluations as needed to ensure that risks are assessed and appropriate <br />remediation is provided.”87 Here, appropriate remediation for onsite contamination <br />has not been provided. <br /> <br /> SWAPE concludes that the Checklist fails to adequately disclose and mitigate <br />this potentially significant impact from hazardous materials, and identifies specific <br />mitigation measures that should be incorporated into an EIR and mitigation plan <br />for the Project to protect future occupants from exposure to contaminated soil vapor, <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 />v. Noise <br /> <br />The Checklist concluded that construction noise from the Project would not <br />be more significant than the impacts that were evaluated in the prior EIR. But the <br />prior EIR, nor the Checklist contain any significance thresholds or quantitative <br />analysis of construction noise.88 Therefore, the statement that the impacts would <br /> <br />85 Pub. Res. Code § 21084(d).  <br />86 San Leandro Zoning Code § 5.08.124(A)(2). <br />87 General Plan p. 7-55. <br />88 Wilson Ihrig Comments, p. 2. <br />110