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May 6, 2021 <br />Page 21 <br /> <br /> <br />5005-003acp <br /> <br /> printed on recycled paper <br />not be more significant than those in the General Plan EIR is not supported by <br />substantial evidence. An Infill EIR must be prepared to adequately analyze these <br />impacts. <br /> <br />Additionally, approval of this Project with unmitigated impacts would violate <br />San Leandro Zoning Code Section 5.08.124(A)(2) which prohibits the Board of <br />Zoning Adjustments from approving a Use Permit where the Project would be <br />detrimental to the general welfare of the City.89 Approval of the Project with <br />unmitigated noise pollution would violate CEQA, and constitutes a detriment to the <br />general welfare of San Leandro in violation of the Zoning Code. An Infill EIR must <br />be prepared to adequately analyze and mitigate the potentially significant noise <br />pollution of the Project construction and operation. <br /> <br />This Project contains noise impacts which were not mentioned or analyzed in <br />either the Checklist or the General Plan EIR. Neither analysis mentions the <br />refrigeration and ventilation equipment that may be required for a grocery store, <br />nor the exhaust fans that may be required for a restaurant. Further, the Checklist <br />and the General Plan EIR do not conduct any analysis about an emergency <br />generator that may be required by the California Building Code for elevators <br />onsite.90 This type of emergency generator must be tested for an hour each month.91 <br />“Without proper equipment selection and mitigation design, these additional noise <br />sources would possibly exceed the “normally acceptable” land use standards at <br />nearby noise receptors.”92 This would constitute an environmental impact that is <br />more significant than was represented in the General Plan EIR. An Infill EIR is <br />therefore required to adequately analyze and mitigate the impacts from noise and <br />vibration from construction and operation of this Project. <br /> <br />vi. Traffic <br /> <br />In order to approve a CUP, the Board of Zoning Adjustments must determine <br />“That the proposed use will not create adverse impacts on traffic or create demands <br />exceeding the capacity of public services and facilities, which cannot be mitigated.”93 <br />This Project does create adverse impacts on traffic and these impacts cannot and <br />have not been mitigated. Thus, the Board cannot approve the CUP. <br /> <br />89 San Leandro Zoning Code Section 5.08.124(A)(2). <br />90 California Building Code 2016 § 3003.1.3. <br />91 Wilson Ihrig Comments, p. 4. <br />92 Wilson Ihrig Comments, p. 4. <br />93 San Leandro Zoning Code § 5.08.124(A)(4). <br />111