Item 18 - Appeal Application Nos. 2023-02 and 2023-03 for Cabrillo Town Center project

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City of Santa Ana — Cabrillo Town Center Project August 17, 2023 Page 5 of 6 iii. The Metro EIR's Significance Threshold Is Inadequate The CEQA Guidelines require that both temporary/periodic and permanent noise impacts be identified and addressed. Exhibit B at 2; see CEQA Guidelines Appendix G at 11; see also CEQA Guidelines §5 15126; 15126.2(a). However, the thresholds of significance proposed in the Metro EIR would apply to operational (i.e. permanent) noise impacts only. Exhibit B at 2; Metro EIR at 4.9-14. Moreover, the Metro EIR contends that noise level increases less than 5 dba are insignificant so long as the CNEL at sensitive receptors is below 65 dba. Id. However, it would be quite possible for noise from the Project to exceed the allowed limits according to the Santa Ana Municipal Code while remaining well below the proposed CNEL 65 significance threshold. For example, as noted by noise expert Steve Rogers: the nighttime noise limit in the Municipal Code for continuous noise — such as air- conditioning — is 50 dBA (SAMC Section 18-312), for receivers where the ambient (nighttime) noise level is less than 50 dBA, which is likely the case for much of the Lake Dianne property. In this scenario, a continuous noise source that runs 24-hours per day and produces 53 dBA on the neighboring property would be out of compliance with the Municipal Code, but would result in a CNEL of less than 60. Accordingly, a subsequent EIR must be prepared which revises the threshold of significance as follows: Any temporag orpermanent noise impact resulting from the Project shall be considered significant if either one of the following conditions apply: (1) the Project results in noise levels in excess of standards established in the City of Santa Ana Municipal Code or General Plan; or (2) the Project results in a noise level increase of 5 dBA or more. iv. The Metro EIR's Construction Noise Analysis and Mitigation Measures Must Be Revised The Metro EIR states that the impact of noise due to construction in the overlay zone could be substantial, even with mitigation, but that these impacts should be considered less -than -significant because the noise of construction is temporary and exempt from the noise limits in the Santa Ana Municipal Code. Exhibit B at 3; Metro EIR at 4.9-15. However, the characterization of construction noise impacts as less than significant is inconsistent with the CEQA Guidelines since, as the Metro EIR acknowledges, implementation of the Project may result in a significant adverse City Council 18 — 294 10/3/2023