Item 23 - Appeal Application Nos. 2020-03 and 2020-04 — Central Pointe Mixed-Use Development

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Appeal Application Nos. 2020-03 and 2020-04 — Central Pointe Mixed -Use Development January 19, 2021 Page 7 The MEMU EIR studied the impacts of developing up to 5,551 residential units and 963,000 square feet of commercial development, and 690,000 of office development in the Overlay Zone. The Central Pointe Project, which consists of 644 residential units and 15,130 square feet of commercial space, is entirely consistent with the previously established development standards for the MEMU Overlay Zone, and thus, does nothing more than implement a relatively small portion of the larger project previously analyzed in MEMU EIR. Therefore, the Project is within the scope of the project covered by the MEMU EIR. Moreover, Central Pointe will not have new or more severe environmental impacts than those disclosed in the MEMU EIR and this is supported by substantial evidence. As described in the 2007 EIR Chapter 3, Project Description, the Active Urban zone was described as a highly urbanized environment with residential and commercial opportunities; the site was shown and designated with the Active Urban overlay in Figure 3-4; Table 3-1 listed the development standards for the Active Urban overlay; and Chapter 2 of the SEIR described modification to the MEMU development standards. As described in the Planning Commission staff report and Attachment 10 to the Planning Commission staff report the Project is consistent with the MEMU overlay zone and the development standards for the Active Urban subzone. Accordingly, SAFER's assertions that Central Pointe "has never been analyzed under CEQA" and that the City is required to prepare a tiered EIR for the Project are incorrect. b. SAFER states an EIR is required to analyze the Health Risk Impacts and GHG Impacts alleged by SAFER. Staff Response — Health Risk Impacts: SAFER argues that an EIR is required to study alleged health risks to future residents of the Central Pointe Project. However, as explained by the California Supreme Court, "CEQA does not generally require an agency to consider the effects of existing environmental conditions on a proposed project's future users or residents." Thus, impacts to future residents of the project caused solely by existing environmental conditions are not required to be evaluated in a CEQA document. The City nonetheless required the preparation of a Health Risk Assessment to identify any impacts from developing a residential community near a major freeway. As noted in the Health Risk Assessment the Project applicant has agreed to install and maintain MERV (minimum efficiency reporting value) 13 air filtration systems in the proposed multi -family residential dwelling units. Contrary to SAFER's assertion, the Health Risk Assessment looked at both potential cancer risks and non -cancer risks and concluded that a less than significant impact to Project residents would occur. Greenhouse Gas (GHG) Impacts: SAFER takes issue with the methodology utilized in the MEMU EIR to evaluate GHG impacts, but SAFER failed to raise such issues before the MEMU EIR was certified, and it is too late to do so now. Further,