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d. The appellant contends that the Certified EIR's significance <br />threshold is inadequate. <br />First, this comment essentially challenges the adequacy of <br />the Certified EIR analysis by making allegations about the <br />significance thresholds used. However, any challenge to the <br />Certified EIR is untimely. The Notice of Determination was <br />filed with the County Clerk and posted on March 23, 2007 <br />and the statute of limitations closed in April 2007, and any <br />challenge to the Certified EIR must have been filed before <br />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. <br />Nonetheless, Exhibit 9F, as part of the Project staff report, <br />analyzes both the Project's noise impacts, both construction <br />and operation. The analysis utilizes the same significance <br />threshold as the Certified EIR, a 5 dBA over ambient <br />threshold for construction impacts and a 5 dBA over ambient <br />threshold for operational impacts. <br />Regarding construction, the Project would comply with <br />SAMC Section 18-314 and construction activities would be <br />limited to the hours of 7:00 A.M. and 8:00 P.M. on Monday <br />through Saturday, and would be prohibited on Sundays and <br />federal holidays. Exhibit 9F demonstrates that construction <br />of the Project would not increase ambient noise levels at the <br />nearest sensitive receptors by more than 5 dBA, and thus <br />would not result significant noise impacts, including to the <br />closest residence of the Lake Dianne Apartments. <br />Regarding operation, Exhibit 9F demonstrates that Project <br />operation, including noise associated with mechanical and <br />landscaping equipment, vehicles, outdoor and recreational <br />uses, and trash and recycling services, would not increase <br />ambient noise levels at the nearest sensitive receptors by <br />more than 5 dBA, and thus would not result in significant <br />noise impacts, including to the closest residence of the Lake <br />Dianne Apartments. Additionally, the Project would <br />implement Mitigation Measures MM-OZ 4.9-1 through MM- <br />OZ 4.9-7 of the Certified EIR to protect residential receptors <br />and to minimize construction and operational noise and <br />vibration levels. Thus, the Project would not result in any <br />new or increased significant impacts related to substantial <br />Resolution No. 2023-xx <br />City Council 18 — 336 10i 0 TT, <br />24 <br />