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temporary or permanent increase in noise and vibration <br />beyond impacts already identified in the Certified EIR. <br />e. The appellant contends that the Certified EIR's construction <br />noise analysis and mitigation measures must be revised. <br />First, this comment essentially challenges the adequacy of <br />the Certified EIR analysis by making allegations about the <br />significance conclusions and mitigation measures. However, <br />any 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. Further, the <br />Project's ability to implement the Certified EIR mitigation <br />measures demonstrates that the measures are not vague <br />and impossible to enforce. In fact the mitigation measures <br />cited by this comment are standard best management <br />practices that are regularly implemented in development <br />projects and will be adopted as mandatory project conditions <br />of approval. Thus, the Project would not result in any new or <br />increased significant impacts related to substantial <br />temporary or permanent increase in noise and vibration <br />beyond impacts already identified in the Certified EIR. <br />f. The appellant contends that the Certified EIR's operation <br />noise analysis underestimates the Project's impacts. <br />This comment essentially challenges the adequacy of the <br />Certified EIR analysis by making allegations about the <br />operational noise impact analysis. However, any challenge <br />to the Certified EIR is untimely. The Notice of Determination <br />was filed with the County Clerk and posted on March 23, <br />2007 and the statute of limitations closed in April 2007, and <br />any challenge to the Certified EIR must have been filed <br />before then. <br />Further, 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. As <br />described in Exhibit 9F, as part of the Project staff report, <br />Resolution No. 2023-xx <br />City Council 18 — 337 10i 0 3 f 24 <br />