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<br />page 22. This project will have an interior noise level <br />of not more than 42 dB (A) CNEL, which will exceed <br />the mitigation as required in the AELUP. <br /> <br />d) As such, this project is consistent with the noise <br />compatibility criteria in the AELUP. <br /> <br />2. The City's noise element policies assure conformance with the <br />state airport noise standards. <br /> <br />I. The state airport noise standards identify "the acceptable <br />level of aircraft noise for persons living in the vicinity of <br />airports is hereby established to be a community noise <br />equivalent level of 65 decibels." Title 21, California Code of <br />Regulations, Section 5012. <br /> <br />a) This project is outside the AELUP's 65 dB (A) CNEL <br />noise contour, identified as High Noise Impact. <br /> <br />b) Additionally, this project is outside the AELUP's 60 dB <br />(A) CNEL noise contour, identified as Moderate Noise <br />Impact. <br /> <br />ii. The California Code of Regulations permits residential <br />projects within the 65 dB (A) CNEL noise contour if: <br /> <br />a) "An avigation easement for aircraft noise has been <br />acquired by the airport proprietor, or . . . <br /> <br />b) The residence is a high rise apartment or <br />condominium having an interior CNEL of 45 dB or <br />less in all habitable rooms due to aircraft noise, and <br />an air circulation or air conditioning system as <br />appropriate." California Code of Regulations Title 21, <br />Section 5014 (a)(1) and (3). <br /> <br />iii. Even though this project is not within the 65 CNEL noise <br />contour, the interior of the units will be mitigated to a level of <br />42 dB (A) CNEL or less, which exceeds the State- <br />recommended interior noise standard. Prior to the issuance <br />of any Certificates of Use and Occupancy, field-testing in <br />accordance with Title 25 regulations shall be conducted to <br />verify compliance with the interior noise standard of 42 dB <br />(A) CNEL or less. <br /> <br />iv. Additionally, the contract acoustical consultant for JWA, Mr. <br />Vince Mestre of Mestre-Greve Associates, testified at the <br />January 15, 2004 ALUC meeting that when all factors are <br /> <br />75C-287 <br /> <br />Resolution No. 2005- <br />Page 12 of 25 <br />