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 8 while SAFER suggests that the MEMU EIR's analysis should only be applied to projects that will become operational through 2020, the Subsequent MEMU EIR was not prepared until 2018, and clearly indicated it was analyzing GHG impacts based on a 2040 buildout year. Because GHG impacts from the entire buildout of the entire MEMU Overlay, including the Central Pointe Project site, were already quantified and analyzed in the MEMU EIR, SAFER's assertion that a new CEQA document is required to analyze such impacts is incorrect. c. SAFER alleges an EIR is required due to the existence of "new information" that could not have been known when the MEMU EIR was certified. Staff Response — As discussed above, when a project is within the scope of a previously certified EIR (including a program EIR), a lead agency may require a subsequent EIR only in one of the three situations set forth in Public Resources Code Section 21166 and CEQA Guidelines Section 15162. As none of the three situations are met, including no new information that could not have been known when the MEMU EIR was certified, this comment is incorrect. Air Quality: SAFER alleges that the City is required to prepare a new CEQA document to evaluate alleged "impacts related to indoor air quality, and in particular, emissions of the cancer -causing chemical formaldehyde," and submits a report from Francis J. Offerman PE, CIH discussing such emissions. SAFER claims that because Mr. Offerman relies, in part, on a 2020 study, that such alleged impacts constitute new information which "could not have been known with the exercise of reasonable diligence at the time the 2007 MEMU EIR or the 2018 MEMU SEIR were certified." But Mr. Offerman's own CV (which was attached to the comments) shows numerous papers and presentations on the alleged risk of formaldehyde emissions from wood products that date prior to the MEMU SEIR, as early as 2010. In addition, Mr. Offerman's assertions regarding the alleged impacts of formaldehyde emissions from building materials do not rise to the level of substantial evidence, given that such emissions are already the subject of extensive regulation at both the state and federal level, including stringent emission limits that the U.S. EPA and California Air Resources Board have determined are protective of human health. Furthermore, Mr. Offerman's analysis appears to assume the same level of emissions will be present, year after year, notwithstanding the fact that formaldehyde is readily biodegradable and complete degradation of formaldehyde can be accomplished in less than 30 days. Bird Collisions: SAFER argues that the potential for birds to be harmed by flying into windows constitutes "significant new information" requiring the preparation of a subsequent EIR, merely because new studies related to that issue and the extent of bird decline in general have come out in recent years. SAFER submits comments from ecologist Shawn Smallwood, Ph. D. The information submitted by