Laserfiche WebLink
Infeasible Transportation Mitigation Requirements in the Certified <br />EIR. Specifically, the appellant contends that the City's <br />Transportation Mitigation Requirement is infeasible for the Project. <br />II. Adequate Analyzes Of Noise Impacts. Specifically, the appellant <br />contends that the Certified EIR fails to adequately analyze the <br />Project's noise impacts, including the following: <br />a. That the Certified EIR fails to identify all nearby sensitive <br />receptors; <br />b. That the Certified EIR fails to adequately characterize <br />ambient noise conditions; <br />c. That the Certified EIR's significance threshold is inadequate; <br />d. That the Certified EIR's construction noise analysis and <br />mitigation measures must be revised; and <br />e. That the Certified EIR's operation noise analysis <br />underestimates the Project's impacts <br />E. On October 3, 2023, the City Council conducted a duly noticed public <br />hearing on Appeal Application No. 2023-02 (SAFER). The Appellant does <br />not provide any substantial evidence that the Project would result in any <br />new or more significant impacts than analyzed in the Certified EIR or that <br />new mitigation is required. Moreover, the appellant does not provide <br />information as to why they believe a project -specific EIR should have been <br />prepared, or what new and different significant environmental impacts <br />would result from the Project that have not already been analyzed in the <br />EIR and Subsequent EIR. Nevertheless, a comprehensive response on <br />the appeal items previously outlined has been prepared: <br />Pursuant to Public Resources Code Section 21166 and Sections 15162 <br />and 15168 of the CEQA guidelines, staff deemed that the Project is within <br />the scope of the 2007 Metro East Mixed -Use Overlay Zone Environmental <br />Impact Report (EIR), hereinafter referred to as "Certified EIR." Per Public <br />Resources Code Section 21166 and Section 15162 (a), when an EIR has <br />been certified, no subsequent EIR shall be prepared for that project unless <br />the lead agency determines, on the basis of substantial evidence in the <br />light of the whole records, one or more of the following: <br />a. Substantial changes are proposed in the project which will <br />require major revisions of the previous EIR or negative <br />declaration due to the involvement of new significant <br />environmental effects or a substantial increase in the <br />severity of previously identified significant effects; <br />b. Substantial changes occur with respect to the circumstances <br />under which the project is undertaken which will require <br />major revisions of the previous EIR or negative declaration <br />due to the involvement of new significant environmental <br />Resolution No. 2023-xx <br />City Council 18 — 321 10/ 3 f 24 <br />