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

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jmf 1/05/21 ["[T]he fair argument standard does not apply to review of an agency's determination that a project's potential environmental impacts were adequately analyzed in a prior program EIR."].) The MEMU EIR studied the impacts of developing up to 5,551 residential units and 963,000 square feet of commercial development, and 690,000 of office development in the Overlay Zone. The Central Pointe Project, which consists of 644 residential units and 15,130 square feet of commercial space, is entirely consistent with the previously established development standards for the MEMU Overlay Zone, and thus, does nothing more than implement a relatively small portion of the larger project previously analyzed in MEMU EIR. Therefore, the Project is within the scope of the project covered by the MEMU EIR. Moreover, Central Pointe will not have new or more severe environmental impacts than those disclosed in the MEMU EIR and this is supported by substantial evidence. As described in the 2007 EIR Chapter 3, Project Description, the Active Urban zone was described as a highly urbanized environment with residential and commercial opportunities; the site was shown and designated with the Active Urban overlay in Figure 3-4; Table 3-1 listed the development standards for the Active Urban overlay; and Chapter 2 of the SEIR described modification to the MEMU development standards. As described in the Planning Commission staff report and Attachment 10 to the Planning Commission staff report, the Project is consistent with the MEMU overlay zone and the development standard for the Active Urban subzone. Accordingly, SAFER's assertions that Central Pointe "has never been analyzed under CEQA" and that the City was required to prepare a tiered EIR for the Project are incorrect. II. Health Risk Impacts - SAFER argues that an EIR is required to study alleged health risks to future residents of the Central Pointe Project. However, as explained by the California Supreme Court, "CEQA does not generally require an agency to consider the effects of existing environmental conditions on a proposed project's future users or residents." California Building Industry Ass'n v. Bay Area Air Quality Management Dist. (2015) 62 Cal. 4th 369, 392. Thus, impacts to future residents of the Project caused solely by existing environmental conditions are not required to be evaluated in a CEQA document. The City nonetheless required the preparation of a Health Risk Assessment to identify any impacts from developing a residential community near a major freeway. As noted in the Health Risk Assessment, the Project applicant has agreed to install and maintain MERV (minimum efficiency reporting value) 13 air filtration systems in the proposed multi -family residential dwelling units. Contrary to Resolution No. 2021-XXX Page 4 of 12