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

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emissions would be significant and unavoidable. Furthermore, regarding the Approved Project's operational criteria air pollutant emissions, the 2018 DSEIR states: "[S]imilar to the conclusion in the MEMU EIR, operational sources under the proposed project would result in a significant and unavoidable air quality impact associated with VOCs, NOX, CO, PM10 and PM2.5 emissions.1 Therefore, this impact would be significant and unavoidable. No feasible mitigation is available" (emphasis added) (p. 4-12). As you can see in the excerpt above, the 2018 DSEIR concludes no feasible mitigation is available to reduce the Project's operational criteria air pollutant emissions, and the impact would be significant and unavoidable. However, the Staff Report's reliance on the 2018 DSEIR's air quality impact significance determination is incorrect, as additional, feasible mitigation measures exist that were not considered that would substantially reduce the Project's criteria pollutant emissions. According to CEQA Guidelines section 15162: "(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the proiect, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative" (emphasis added). As the above excerpt demonstrates, if additional mitigation measures are found to be feasible for the proposed Project that were not incorporated in the 2018 DSEIR, a subsequent EIR should be prepared. Here, there are numerous additional mitigation measures available that would reduce the Project's construction -related and operational criteria air pollutant emissions. Namely, while the 2018 DSEIR includes MM-AQ-1, which requires off -road construction equipment to meet Tier 4 standards, the 2018 DSEIR fails to acknowledge the possibility of requiring off -road construction equipment to meet the more efficient Tier 4 Final standards (p. ES-15, Table ES-2). Furthermore, additional mitigation measures that would reduce the Project's construction -related criteria air pollutant emissions can be found in from NEDC's Diesel Emission Controls in Construction 3