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Mr. Jack W. Golden September 16, 2004 Page 18 of20 condition of consistency is contrary to the language in the AELUP. Therefore, the AELUP cannot request this language be added to the AEE for a determination of consistency. The City strongly opposes requiring conditionsl5 that do not have "essential nexus." To require conditions without regard to the impacts requiring mitigation could expose the City to liability. When appropriate, the City will use avigation easements and sound attenuation! to mitigate the noise exposure in the 65 dB(A) CNEL Noise Contour. Moreover, the AEE states "residential units are deemed inconsistent in this area unless it can be shown that such units are sufficiently mitigated to address present and project noise exposure." For a detailed discussion of the City's concerns please look in the Handbook, Chapter 3 which provides the same cautions to ALUCs regarding Avigation Easements and "takings." C. "All residential units are to be su(ficientlv indoor oriented so as to preclude noise impingement on exterior areas. II We questioned the meaning oftrus comment. The ALUC staff has previously admitted that it is confusing and they have been unable to explain the rationale for including it. I do not understand how making residential units, which by their nature are indoor oriented, "sufficiently indoor oriented" will stop noise impingements on the exterior of the building. The indoor sound attenuation measures are already discussed in the AEE and cannot diminish the actual noise on the exterior of the building. D. "(Wlhich defines indoor L(ea) DB(A) sound level limits for tvpical uses during a time period from 7:00 a.m. to 7:00 p.m.. or other appropriate. approved time period. " The AEE references the AELUP's chart on page 23 that contains this information. The City referenced the AELUP rather than inserting it in the AEE because it uses a different noise metric. We believe that use of hvo noise metrics to address the same issue would confuse readers of the AEE. In fact, Mr. Leyerle seemed to agree when we brought this to his attention. He even offered that the City-proposed dB (A) CNEL metric is more stringent. Further, the AELUP states and the Handbook requires measurement of sound with the dB (A) CNEL standard. For clarity sake, the City chose to simply reference the AELUP table. Since the AEE states "shall be consistent with the defined noise standards (in the table presently shown on page hventy-three) of the AELUP. . .", the City's refusal to include this superfluous language does not render the AEE inconsistent with the AELUP. IS Such as an avigation easement. 75C-213