3 - The Bowery_PUBLIC COMMENT_RAMSEY

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City of Santa Ana – The Bowery May 11, 2020 Page 17 of 28 1. The DEIR’s Noise Impact Analysis is Not Supported by Substantial Evidence The DEIR 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 Project Applicant and City conducted no on-site study to determine aircraft noise levels from John Wayne Airport at the site and rely solely on the fact that the Project is located outside the 60 decibel or higher contour zone for the airport to conclude there will be no significant noise impact. This analysis fails because it needs to include site-specific facts and application relating to the actual aircraft noise levels and their effects.1 A more detailed analysis of this issue can be found below under section III of this comment letter. 2. The DEIR Finding That the Project’s Conflict with the John Wayne Airport Environs Land Use Plan (LU-2) and that the Project Would Not Result in Excessive Noise for a Project Subject to an Airport Land Use Plan (HAZ- 5) is Mitigated to Less Than Significant Levels is Not Supported by Substantial Evidence The Project has the potential to expose residents of the Project to significant aviation noise conflicts with the John Wayne Airport Environs Land Use Plan Policies 3.2.1 and 3.2.4; as well as a conflict with the City of Santa Ana’s General Plan Goals 1, Policy 1.3 (DEIR at 5.7-26, 5.9-22.) The Project site is 2 miles from John Wayne Airport and within that airport’s flight path. Although the EIR theorizes without supporting evidence that impacts may be insignificant because the site is outside the 60 CNEL contour for excessive noise, it nevertheless also proposes that the Project will comply with Title 24 of the California Code on interior noise levels, which could (again theoretically) ensure a less than significant impact with mitigation. This mitigation measure is impermissibly deferred because there is no project-specific analysis relating to how compliance with the noise code sections will sufficiently mitigate potential noise impacts on residents. The DEIR needs to specify how code compliance will ensure safe and insignificant noise levels for residents and works on the site. 3. The DEIR’s Aesthetics Analysis is Not Supported by Substantial Evidence 1 See The Bowery, Noise Impact Analysis, Dec. 3, 2019. Available at https://ceqanet.opr.ca.gov/2019080011/3/Attachment/jsSwJ-.