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Further, the Project would also implement Mitigation <br />Measures MM-OZ 4.9-1 through MM-OZ 4.9-7 of the <br />Certified EIR to protect residential receptors and to minimize <br />construction and operational noise and vibration levels. <br />Thus, the Project would not result in any new or increased <br />significant impacts related to substantial temporary or <br />permanent increase in noise and vibration beyond impacts <br />already identified in the Certified EIR. <br />c. The appellant contends that the Certified EIR fails to <br />adequately characterize ambient noise conditions. <br />First, this comment essentially challenges the adequacy of <br />the Certified EIR analysis by making allegations about how <br />the ambient noise measurements were taken. However, any <br />challenge to the Certified EIR is untimely. The Notice of <br />Determination was filed with the County Clerk and posted on <br />March 23, 2007, and the statute of limitations closed in April <br />2007, and any challenge to the Certified EIR must have <br />been filed before then. <br />Second, this comment does not present any evidence, let <br />alone substantial evidence, that the Project would result in <br />any new or more significant impacts than analyzed in the <br />Certified EIR or that new mitigation is required. Nonetheless, <br />in June 2023, DKA Planning took short-term noise <br />measurements near the Project site to determine the current <br />ambient noise conditions near the four nearest sensitive <br />receptors: Cabrillo Park, 2001 E. 4th Street, the southeast <br />corner of 4th Street and Cabrillo Park Drive, and 618 Sherry <br />Lane. The residence at 724 N. Parkcenter within the Lake <br />Dianne Apartments is assumed to have the same ambient <br />noise conditions as Cabrillo Park given its immediate <br />proximity to Cabrillo Park and similarity in surrounding uses. <br />Noise measurements were taken on a weekday afternoon <br />using a Quest Technologies Sound Examiner SE-400 Meter <br />that complies with the American National Standards Institute <br />(ANSI) and International Electrotechnical Commission (IEC) <br />for general environmental measurement instrumentation. In <br />the absence of a protocol for establishing ambient noise <br />levels for construction analyses, 15-minute measurements <br />were used to characterize typical noise levels during hours <br />when construction is likely to occur. No construction will <br />occur at night. As the major source of ambient noise in the <br />area (traffic) was stable, 15-minute durations were deemed <br />to be sufficient to characterize ambient noise levels. <br />Resolution No. 2023-xx <br />City Council 18 — 335 10/ 0 3 f 24 <br />