2023-081 - Approving Appeal Applicatiion for Mixed-Use Cabrillo Town Center

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Air pollutant emissions associated with the MEMU would result from operation of the proposed developments, such as the proposed Project. Based on analyses submitted by the appellants, the air quality and air pollutant emission impacts associated with the Project will be exacerbated as the Project does not include any local hire provisions, resulting in increased length of construction crew trips, as well as trips by suppliers (e.g., materials, construction vehicles, etc.), and increased emissions. Moreover, construction activities would also generate emissions in the project area and on roadways resulting from construction -related traffic, as they do not include local hire provisions. The net increase in project site emissions generated by these activities and other secondary sources were quantitatively estimated and compared to thresholds of significance established by the SCAQMD. Construction emissions in the Certified EIR were also calculated using quantifiable metrics, based on objective, identified written public health or safety standards, or policies. Specifically, emissions were analyzed according to the thresholds established by the SCAQMD and published in the SCAQMD CEQA Air Quality Handbook. In addition, the Certified EIR used thresholds of significance were based on Appendix G of the 2006 CEQA Guidelines. While the Certified EIR evaluated a range of potential mitigation measures to reduce significant project impacts and implemented all feasible mitigation measures, construction and operation of development projects within the MEMU would result in the following significant and unavoidable impacts related to air quality: • Short-term construction impacts resulting from peak daily emissions of Volatile Organic Compounds (VOCs) and Nitrous Oxide (NOx); • Operational impacts resulting from peak daily emissions of PM10, CO, VOC, and NOx; and • A cumulatively considerable net increase of criteria pollutants for which the proposed project region is in nonattainment under an applicable federal or state ambient air quality standard resulting from construction and operation. Q. As outlined in the Certified EIR, even with the recommended mitigation measures found in the Mitigation Monitoring and Reporting Program (MMRP), the above listed air quality impacts exceeded the defined threshold(s) of significance and cannot be eliminated or reduced to a less -than -significant level through the implementation of feasible mitigation measures. Therefore, the identified impacts were considered to meet the definition of specific, adverse impact, as defined in California Government Code Section 65589.50)(1)(A). Moreover, because the impacts were deemed significant and unavoidable, there is no feasible method to satisfactorily mitigate or avoid Resolution No. 2023-081 Page 7 of 9