5A Public Hearings 2021 0706 - Laserfiche WebLink

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May 19, 2021 Page 22 5005-004acp printed on recycled paper concluded that noise impacts from construction, traffic, parking and truck loading, building mechanical equipment and rooftop deck would not be more significant than the impacts that were evaluated in the prior EIR.93 This statement is not supported by substantial evidence because the Checklist and the General Plan EIR failed to provide a threshold of significance for noise impacts.94 Therefore, the decision by the Board of Zoning Adjustments to approve the Project was not based on substantial evidence, in violation of CEQA. The increased traffic resulting from Project construction and operation will constitute an exacerbation of noise impacts in the area and must be analyzed. It is not sufficient that the Checklist relies on the analysis in the 2035 General Plan EIR and the TOD EIR, because this Project will exacerbate existing noise impacts. An Infill EIR must be prepared to adequately analyze and mitigate the exacerbation of noise impacts from this Project. Further, this Project contains noise impacts which were not mentioned or analyzed in either the Checklist or the General Plan EIR. Neither analysis mentions the refrigeration and ventilation equipment that may be required for a grocery store, nor the exhaust fans that may be required for a restaurant. Further, the Checklist and the General Plan EIR do not conduct any analysis about an emergency generator that may be required by the California Building Code for elevators onsite.95 This type of emergency generator must be tested for an hour each month.96 “Without proper equipment selection and mitigation design, these additional noise sources would possibly exceed the “normally acceptable” land use standards at nearby noise receptors.”97 This would constitute an environmental impact that is more significant than was represented in the General Plan EIR. An Infill EIR is therefore required to adequately analyze and mitigate the impacts from noise and vibration from construction and operation of this Project. General Plan Action EH-7.5.A and EH7.5.B establish conditions of approval for projects likely to have noise and vibration impacts. But, Wilson Ihrig determined that the Uniformly Applicable Development Standards detailed in the General Plan would “likely be ineffective at reducing actual construction noise.”98 Additionally, 93 Checklist p. 4-90 - 92. 94 Wilson Ihrig Comments p. 2. 95 California Building Code 2016 § 3003.1.3. 96 Wilson Ihrig Comments, p. 4. 97 Wilson Ihrig Comments, p. 4. 98 Wilson Ihrig Comments, p. 1. 81