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

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one million, respectively. The excess cancer risk over the course of a residential lifetime (30 years), utilizing age sensitivity factors, is approximately 1,300 in one million. The infant, child, adult, and lifetime cancer risks all exceed the SCAQMD threshold of 10 in one million, thus resulting in a potentially significant impact not previously addressed or identified by the Staff Report or 2018 DSEIR. Utilizing age sensitivity factors is the most conservative, health -protective analysis according to the most recent guidance by OEHHA and reflects recommendations from the air district. Results without age sensitivity factors are presented in the table above, although we do not recommend utilizing these values for health risk analysis. Regardless, the excess cancer risk to adults, children, infants, and during the 3rd trimester of pregnancy at the MEIR located approximately 125 meters away, over the course of Project construction and operation, without age sensitivity factors, are approximately 91, 270, 43, and 0.46 in one million, respectively. The excess cancer risk over the course of a residential lifetime (30 years), without age sensitivity factors, is approximately 410 in one million. The infant, child, adult, and lifetime cancer risks, without age sensitivity factors, all exceed the SCAQMD threshold of 10 in one million, thus resulting in a potentially significant impact not previously addressed or identified by the Staff Report or 2018 DSEIR. While we recommend the use of age sensitivity factors, health risk impacts exceed the SCAQMD threshold regardless. Furthermore, according to CEQA Guidelines section 15162(a): (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: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration" (emphasis added). As you can see in the excerpt above, if a significant impact is found that was not previously discussed in the EIR, a subsequent EIR should be prepared. Here, as SWAPE's updated analysis indicates a potentially significant health risk impact that was not previously discussed in the 2018 DSEIR, a subsequent EIR should be prepared for the Project. Our analysis represents a screening -level HRA, which is known to be conservative and tends to err on the side of health protection.19 The purpose of the screening -level construction and operational HRA shown above is to demonstrate the link between the proposed Project's emissions and the potential health risk. Our screening -level HRA demonstrates that construction and operation of the Project could result in a potentially significant health risk impact, when correct exposure assumptions and up-to-date, 19 "Risk Assessment Guidelines Guidance Manual for Preparation of Health Risk Assessments." OEHHA, February 2015, available at: https://oehha.ca.gov/media/downloads/crnr/2015guidancemanual.pdf, p. 1-5 12