Reso13 PC 13-09 2859 Initial Study Mitigated Negative Declaration Kensington

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4.3.3 Air Quality Impacts As discussed in CEQA Guidelines Section 15064(b),the determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the Lead Agency and must be based to the extent possible on scientific and factual data. The City of Redwood City and other Lead Agencies in the San Francisco Bay Area Air Basin often utilize the thresholds and methodology for assessing air emissions and/or health effects adopted by BAAQMD based upon the scientific and other factual data prepared by BAAQMD in developing those thresholds. In December 2010,the California Building Industry Association (BIA) filed a lawsuit in Alameda County Superior Court challenging toxic air contaminants and PMz.s thresholds adopted by BAAQMD in its CEQA Air Quality Guidelines (California Building Industry Association v. Bay Area Air Quality Management District, Alameda County Superior Court Case No. RG10548693). One of the identified concerns is inhibiting infill and smart growth in the urbanized Bay Area. On March 5, 2012,the Superior Court found that the adoption of thresholds by the BAAQMD in its CEQA Air Quality Guidelines is a CEQA project and BAAQMD is not to disseminate officially sanctioned air quality thresholds of significance until BAAQMD fully complies with CEQA. No further findings or rulings on the thresholds in the BAAQMD CEQA Air Quality Guidelines were made.3 At the time of publication of the IS, BAAQMD has determined that Lead Agencies may rely of the BAAQMD CEQA Guidelines (May 2011) for assistance in calculating air pollutant emission but they no longer recommend using the thresholds as a general measure of the project's significant air quality impacts. The City of Redwood City understands the effect of the lawsuit to be that BAAQMD may eventually have to prepare an environmental review document before adopting the same or revised thresholds. The ruling in the case does not,however, equate to a finding that the quantitative metrics in the BAAQMD thresholds are incorrect or unreliable for meeting goals in the Bay Area 2010 CAP. Moreover, as noted above,the determination of whether a project may have a significant effect on the environment is subject to the discretion of each Lead Agency,based upon substantial evidence. Notwithstanding the BIA lawsuit,which has no binding or preclusive effect on the City's discretion to decide on the appropriate thresholds to use for determining the significance of air quality impacts, the City has carefully considered the thresholds prepared by BAAQMD and regards the thresholds listed above to be based on the best information available for the San Francisco Bay Area Air Basin and conservative in terms of the assessment of health effects associated with TACs and PM2.5. Therefore,the analysis in this Initial Study is based upon the methodologies and thresholds in the BAAQMD CEQA Air Quality Guidelines. 4.3.3.1 Bay Area 2010 Clean Air Plan The most recent clean air plan is the Bay Area 2010 Clean Air Plan that was adopted by BAAQMD in September 2010. This plan addresses air quality impacts with respect to obtaining ambient air quality standards for non-attainment pollutants (i.e., ozone,PMIO and PM2.5),reducing exposure of sensitive receptors to toxic air contaminants (TACs), and reducing greenhouse gas (GHG) emissions such that the region can meet AB 32 goals of reducing emissions to 1990 levels by 2020. The consistency of the proposed project with this regional plan is primarily a question of the consistency with the population/employment assumptions utilized in developing the 2010 CAP,which were 3 As of August 2012,BAAQMD has appealed the Superior Court ruling. Kensington Assisted Living Facility Project 20 Initial Study Redwood City Apri12013