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 8 of 9 than residential AC units, further adding to the noise sum for surrounding receivers. It is therefore likely that the analysis in the MEMU EIR substantially underestimates the total HVAC noise impact of the project. The second problem with the HVAC noise analysis in the [Metro] EIR is that (like the proposed thresholds of significance) it overlooks the noise limits in the Santa Ana Municipal Code. The SAMC requires that noise from continuous sources — such as HVAC equipment — be limited to 50 dBA at night, unless the ambient noise level on the receiving property is greater than 50 dBA, in which case the ambient noise level becomes the noise limit. We expect that nighttime ambient noise levels on much of the Lake Dianne property are less than 50 dBA, so that the allowable limit for the combined noise of all HVAC equipment associated with the project is 50 dBA, not CNEL 65 as the MEMU EIR suggests. Exhibit B at 4. Accordingly, the analysis presented in the Metro EIR does not adequately demonstrate that HVAC noise associated with the Project will be less than significant. Moreover, the Project would include a significant amount of active and passive open space and outdoor amenities, including a 7,500 square -foot roof terrace, which would accommodate uses such as outdoor dining, game terrace, and view deck. According to the Planning Commission staff report, the roof terrace would be equipped with synthetic turf (possibly for sports)m a media wall, and festival lighting, suggesting nighttime use. However, the analysis in Metro EIR does not consider the potential for operational noise impacts associated with the type of outdoor amenities proposed for the Project and does not, therefore, demonstrate that any such impact is less than significant. Exhibit B at 4-5. A subsequent EIR must be prepared which (1) revises the operational noise impact analysis to reflect the combined all of the equipment in the project HVAC system; (2) includes an evaluation of Project design features that would be incorporated into the building design to attenuate HVAC noise — such as equipment screens, duct silencers, etc.; (3) includes revised analysis adequately demonstrating that HVAC noise from the Project will be controlled to the point where it: (a) complies with the noise standards in the SAMC, and (b) limits noise level increases at surrounding sensitive uses to less than 5 dBA; (4) includes the outdoor amenities in the operational noise impact analysis, which provides realistic evaluation of crowd noise, sports/games, amplified sound, AV systems, etc. and should recognize the more stringent standards in the City Council 18 — 297 10/3/2023