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Comment 14: The comment states that the Project is located near low -density residential housing and other nearby sensitive receptors which would be directly impacted by construction noise and refers to two mitigation measures asserted to be in the Draft EIR, and then states that they constitute deferred mitigation. Response 14: This comment is an inaccurate assertion. Section 5.10, Noise, (page 5.10-9) of the Draft EIR states that the Project site is not surrounded by sensitive receptors (including low -density residential housing). Only non -sensitive receptors that are in the vicinity of the Project site include office and business park uses. In addition, Section 5.10, Noise, of the Draft EIR describes that the Project would result in less than significant noise impacts and no mitigation measures are required. Thus, the comment is irrelevant to this Project. The comment appears to be leftover from a comment letter prepared for a different project. Comment 15: The comment provides references to case law and statutes related to provision of substantial evidence. The comment also asserts that the EIR incorrectly concludes, without substantial evidence, that the proposed Project will not have a substantial impact relating to noise on its future residents or workers in the area. The comment states that an onsite noise analysis was not conducted and that the EIR relies solely on the fact that the Project is located outside the 60 decibel or higher contour zone. The comment further states that the EIR needs to include site -specific facts relating to actual noise levels and how code compliance will ensure safe and insignificant noise levels for residents and workers on the site. Response 15: As detailed on page 5.10-6 of the Draft EIR 24-hour ambient noise level measurements were taken as part of preparation of the EIR, which determined that the existing exterior noise levels onsite range between 58.9 and 65.1 dBA CNEL, which is generally a result of traffic noise. As shown on Figure 5.10-2, the Project site is located outside the 55 dBA CNEL aircraft noise level contour boundaries of JWA. The Draft EIR also provides site specific facts showing the location of the airport's actual (2018) noise contours is provided Figure 5.7-2. In addition, the EIR describes that airport overflight noise does not occur on the site after 11:00 p.m. or before 7:00 a.m. Thus, site -specific facts relating to actual overflight noise levels and the times that they occur are provided in the Draft EIR. As described on page 5.10-27 of the Draft EIR, according to the AELUP, the Project residential and commercial land use is considered normally consistent with JWA aircraft noise exposure exterior noise level compatibility thresholds of less than 60 dBA CNEL. Also, the airport related noise at the Project site does not exceed the City's Noise Element exterior noise standards of 65 dBA CNEL or municipal code permissible noise levels for multi -family residential uses of 65 L2 dBA (Draft EIR page 5.10-5). Therefore, because the airport overflight noise on the site is within the consistency criteria of the AELUP and would not exceed the City's municipal code requirements. Additionally, the Draft EIR anticipates that the traffic along the roadways near the Project site would generate greater noise than aircraft overflight. Interior noise levels were evaluated based on the exterior noise level at each floor of the building fagade and the attenuation of building construction and windows. Draft EIR Tables 5.10-12 through 5.10-15 (pages 5.10-20 through 5.10-25) show that based on a "windows closed" condition and standard windows with a minimum Sound Transmission Class (STC) of 27, the interior noise levels of the residential units would be below the 45 dBA CNEL interior noise standard. With this information, the EIR provides substantial evidence that the Project would not have a substantial impact to residents and workers on the site related to airport overflight and/or interior noise levels. Comment 16: The comment asserts that the Draft EIR evaluation related to light or glare fails to analyze how compliance with the Municipal Code will adequately mitigate the substantial new source of light the Project will create. The comment asks how the municipal code would mitigate the amount of light created 75C-199