and impaired participation.
2. Substantive Environmental Gaps Trigger the CEQA Fair Argument Standard Under CEQA’s Fair Argument standard, an EIR is required if there is substantial evidence that a project may result in significant environmental effects.
That threshold is met here in multiple areas:
Operational Noise (24/7 Truck Activity)
The MND relies heavily on averaged metrics (DNL and modeled Lmax values). However, sleep disturbance is driven by peak nighttime events — backup alarms, trailer impacts, air brake releases — not 24-hour averages. The record does not clearly disclose nighttime event frequency assumptions, receptor elevations (multi-story homes), or the verifiable performance of the proposed 8-foot wall.
Averaged compliance does not eliminate the potential for significant sleep disruption impacts.
Diesel Health Risk and Air Quality Modeling Transparency Health risk conclusions depend entirely on modeling inputs: truck volumes, fleet mix, idling duration, time-of-day activity, and operational intensity.
The record does not clearly disclose those operational assumptions in a way that allows independent verification. Given 24-hour operations adjacent to residential receptors and children, uncertainty in those inputs alone constitutes substantial evidence under CEQA.
Traffic and Safety / External Roadway Impacts
The transportation analysis focuses primarily on internal circulation and AM/PM queue metrics. It does not analyze:
Emergency access constraints associated with limited neighborhood access Truck–pedestrian and truck–bicycle conflicts on public roadways Real-world conflict points affecting children and residential routes 24-hour operational safety conditions beyond peak-hour modeling County Roads raised concerns regarding peak-period conflicts, yet those concerns were not meaningfully incorporated into CEQA analysis.
Land Use Compatibility and TEC Designation
The project site is within a Transit Employment Center (TEC). The MND does not meaningfully analyze whether a 24/7 freight logistics operation with heavy truck activity is compatible with adjacent high- density housing and nearby schools, as required under CEQA Guidelines §15125(d).
This omission alone warrants deeper environmental review.
Cumulative Impacts
The MND treats the project in isolation and does not meaningfully evaluate cumulative freight corridor impacts as required by CEQA Guidelines §15130.
3. Changed Regulatory Context
As of January 1, 2026, AB 98 established new statewide standards for logistics uses near sensitive receptors. Even if the original application predates that law, the appeal is being considered under current regulatory conditions. The record should clearly demonstrate compliance with loading dock setback, truck routing, and buffering standards. If that analysis is not fully incorporated, the MND may no longer reflect current legal conditions.
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4. The Appropriate Remedy
When:
Meaningful participation was impaired,
The administrative record is incomplete or gated,
Substantial evidence exists of potential operational noise, diesel health risk, safety, and cumulative impacts,
And regulatory conditions have evolved during review,
CEQA requires preparation of an EIR.
At minimum, the Council should continue the item and direct staff to conduct independent peer review of the air quality, noise, and traffic assumptions before relying on the MND.
Approving an MND where substantial evidence of potential impacts remains unresolved may create avoidable legal and administrative risk for the City.
We respectfully request that the Council grant the environmental appeal and require preparation of a full Environmental Impact Report, or vacate and remand the MND for lawful re-notice, disclosure, and analysis.
Thank you for your consideration.
Sincerely,
Andrew Dang
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Thanks & Regards,
Shubhangini Pandey
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Shannon
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Kewen Han & Jing Li Family
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neighborhood is actively organizing to fund our own independent environmental and traffic studies to provide the substantial evidence your planning department missed.
Please delay this vote.
Sincerely,
Alex Zhang
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This message is from outside the City email system. Do not open links or attachments from untrusted sources. on children , and failed to analyze truck collision risks on Lundy Avenue's narrow roadways and bike lanes.
If the Council is not prepared to mandate an EIR today, I formally request a 60-day continuance. Our neighborhood is actively organizing to fund our own independent environmental and traffic studies to provide the substantial evidence your planning department missed.
Please delay this vote.
Sincerely,
Arthur Le
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Suk Chao
Milpitas
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Assessment for 24/7 diesel particulate exposure on children , and failed to analyze truck collision risks on Lundy Avenue's narrow roadways and bike lanes.
If the Council is not prepared to mandate an EIR today, I formally request a 60-day continuance. Our neighborhood is actively organizing to fund our own independent environmental and traffic studies to provide the substantial evidence your planning department missed.
Please delay this vote.
Sincerely,
Xi Yang
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This message is from outside the City email system. Do not open links or attachments from untrusted sources. on children , and failed to analyze truck collision risks on Lundy Avenue's narrow roadways and bike lanes.
If the Council is not prepared to mandate an EIR today, I formally request a 60-day continuance. Our neighborhood is actively organizing to fund our own independent environmental and traffic studies to provide the substantial evidence your planning department missed.
Please delay this vote.
Sincerely,
Tairan Zhu
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Sincerely,
Caroline
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neighborhood is actively organizing to fund our own independent environmental and traffic studies to provide the substantial evidence your planning department missed.
Please delay this vote.
Sincerely,
Yi Li
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neighborhood is actively organizing to fund our own independent environmental and traffic studies to provide the substantial evidence your planning department missed.
Please delay this vote.
Sincerely,
Jessie Dong
Sent from my iPhone
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Bharti Kodwani
Milpitas, CA 95035
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This message is from outside the City email system. Do not open links or attachments from untrusted sources. exposure on children , and failed to analyze truck collision risks on Lundy Avenue's narrow roadways and bike lanes.
If the Council is not prepared to mandate an EIR today, I formally request a 60-day continuance. Our neighborhood is actively organizing to fund our own independent environmental and traffic studies to provide the substantial evidence your planning department missed.
Please delay this vote.
Sincerely,
Xin Tong
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4. Unstudied Health & Safety Risks: The environmental review ignored peak nighttime noise events impacting multi-story homes , omitted a Health Risk Assessment for 24/7 diesel particulate exposure on children , and failed to analyze truck collision risks on Lundy Avenue's narrow roadways and bike lanes.
If the Council is not prepared to mandate an EIR today, I formally request a 60-day continuance. Our neighborhood is actively organizing to fund our own independent environmental and traffic studies to provide the substantial evidence your planning department missed.
Please delay this vote.
Sincerely,
Tian Liang
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