Item 27 - Appeal Application Nos. 2020-03 and 2020-04 - Central Pointe Mixed-Use Development

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Subsequent EIR. Neither EIR contained a site -specific analysis of the potential environmental hazards of the Project site. An EIR needs to be prepared to include a Phase I ESA for the Project site. The 2018 EIR does include mitigation (MM-OZ 4.6-2) to require, prior to grading, the preparation of a Phase I ESA; however, this constitutes deferred mitigation. Instead, a Phase II ESA should be prepared and included in an EIR to provide proper disclosure of any contaminants at the Project site that may pose a risk to construction workers or future residents. Air Quality & Greenhouse Gas Incorrect Reliance on the 2018 DSEIR The Staff Report relies upon the DSEIR for project -level environmental review pursuant to CEQA Guidelines sections 15162 and 15168, stating: "In accordance with the California Environmental Quality Act (CEQA), the project has been determined to be adequately evaluated in the previously certified Environmental Impact Report (EIR) No. 2006-01 (SCH No. 2006031041) and Subsequent EIR SEIR No. 2018-15 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2006-01 and SEIR No. 2018-15 and associated Mitigation Monitoring and Reporting Program (MMRP) will be enforced and apply to the proposed project" (emphasis added) (p. 1-14). However, the Staff Report's claim that the Project was adequately evaluated in the Approved Project DSEIR is incorrect for four reasons. (1) Additional, feasible mitigation measures exist that would substantially reduce the Project's criteria air pollutant emissions; (2) The Staff Report fails to adequately evaluate the Project's health risk impacts; (3) SWAPE's screening -level health risk assessment indicates potentially significant health risk impacts; and (4) SWAPE's updated analysis indicates potentially significant GHG emissions. 1) Additional Mitigation Measures Available to Reduce Criteria Air Pollutant Emissions As previously stated, the Staff Report relies upon the DSEIR for project -level environmental review pursuant to CEQA guidelines section 15162 and 15168. Regarding the Approved Project's construction - related emissions, the 2018 DSEIR states: "[W]hen the MEMU Overlay Zone project is evaluated in its entirety, taking into consideration construction emissions generated from all development proposed in the Overlay Zone, impacts from construction emissions, even with implementation of mitigation measures MM-OZ 4.2-2 through MM-OZ 4.2-16 from the MEMU EIR, would also be significant and unavoidable" (p. 4- 10). As you can see in the excerpt above, after the implementation of MM-OZ 4.2-2 through MM-OZ 4.2-16, the 2018 DSEIR concludes that the Approved Project's construction -related criteria air pollutant 2