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(C„ hI Mo Town C:^ nt � 13A of vti, Saantis. Ana Rev«ew of l nv�mnmental NoNe A naly[�N Page 3 of b .kdfie 29, 2023 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. Increase of 5 dBA or More For noise level increases of 5 dBA or more, two different significance thresholds are presented on page 4.9-1 of the MEMU EIR. One states simply that noise level increases of 5 dBA or more should be considered significant, while the other states that noise level increases of 5 dBA or more should only be considered significant if the resulting CNEL is 65 or higher. We agree that a noise increase of 5 dBA or more caused by the Cabrillo Town Center project should be considered significant. We do not agree than a 5 dBA noise level increase is only significant if it also results in a CNEL of 65 or higher. CONSTRUCTION NOISE IMPACTS In the description of Impact 4.9-1 on page 4.9-15, the MEMU 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 (construction is one of the exemptions listed in SAMC Section 18-314). We agree that construction is temporary (even if a large project such as Cabrillo Town Center would take years to build) and acknowledge the construction noise exemption in the Municipal Code. Nonetheless, the characterization of construction noise impacts as less than significant is inconsistent with the CEQA Guidelines as they are stated elsewhere in the MEMU EIR. According to the fourth bullet point on page 4.9-14, implementation of the project may result in a significant adverse impact on noise if the project would: - Cause a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. CONSTRUCTION NOISE MITIGATION On pages 4.9-17 and -18, the MEMU EIR provides a list of noise and vibration mitigation measures prescribed for construction activities within the overlay zone. Beyond reiteration of the construction hours restrictions in the Santa Ana Municipal Code (no construction after 8PM or before 7AM Monday — Saturday, no construction on Sundays or Federal holidays), these mitigations are often general/vague in nature and would likely be difficult or impossible to enforce in practice. • For example, MM-OZ 4.9-2 includes requirements to: - "Place noise -generating construction equipment and locate construction staging areas away from sensitive uses, where feasible - Schedule high noise -producing activities between the hours of 8:00 a.m. and 5:00 p.m. to minimize disruption on sensitive uses - Implement noise attenuation measures, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources" Use of the phrase "where feasible" provides a workaround, allowing the construction crew to locate equipment and stage materials as close as they see fit to sensitive neighbors. Similarly, there is no