Body ¶ 1 Noise
Body ¶ 2 Text in Black indicates boiler plate text to be used.
Body ¶ 3 Text in Blue are instructions and represent areas that need to be updated with Project-specific information.
Body ¶ 4 Text in Green indicates “if-then” text to be inserted in the appropriate scenario.
Body ¶ 5 Text in Orange indicates text that is to be disregarded by the application and is for human developer placeholding or reminders for future instructions.
Body ¶ 6 Text in Purple indicates an overall commentary on the approach to section preparation, including the “story” we are telling, as well as specific things to look for and direction to be taken during the analysis.
Body ¶ 8 Assumptive Project criteria for use with this MVP:
Body ¶ 9 Project should be a “standard” development project located in the South Coast Air Basin (SCAB)
Body ¶ 10 “Standard” project should be interpreted to mean land development of retail, commercial, residential, institutional, or recreational uses. Also includes water infrastructure or solar projects.
Body ¶ 11 “Standard” does not include gas or hazardous waste pipelines, oil refineries, power generating plants, BESS facilities, linear transmission lines, or projects located within the California Coastal Zone.
Body ¶ 12 Project should not be controversial
Body ¶ 13 Project has an agency-approved Initial Study
Body ¶ 14 Project should be located in an area of moderate to high growth (recent proximal certified EIRs)
Body ¶ 15 Must include an available Phase I ESA
Body ¶ 16 Must include an available Noise Study
Body ¶ 17 Must include an available Biological Resources report
Body ¶ 18 Ideally includes an available soils or geotechnical report
Body ¶ 20 Commentary: Our Approach
Body ¶ 21 The purple text has been added to the previous version of the Noise template to further refine the approach to preparing the EIR section. The introductory text will highlight broad strategy that is applicable to the entire section. Then, in each of the specific subsections of the Noise section, additional purple text is added that speaks directly about each subsection.
Body ¶ 22 The exact purpose of CEQA is to “inform decision makers (meaning local city councils, local planning commissions, county boards of supervisors, joint power authority commissions, or generally any governing body granted with the police power by the state over discretionary land use approvals) of the consequences of their actions related to land use decisions”. It is important to note that many persons who serve on these commissions or councils are not experts in the field of land development, planning, environmental sciences or any other related field. Furthermore, CEQA documents are public documents once released for public review, and must be of sufficient simplicity so that a member of the public who comprehends reading at the 9th grade level may understand them, while simultaneously precisely representing sometimes extremely detailed and complex engineering and scientific technical analysis in an honest and straightforward manner.
Body ¶ 23 Therefore, our approach will be to tell a story with every EIR section we prepare. Here is a simple description of our story as it relates to Noise:
Body ¶ 24 Describe what we are analyzing. In all cases of each EIR section (including the Noise Section), this is the first introductory paragraph(s). We say what we are analyzing and what are the primary sources for the analysis. Typically these include the technical studies.
Body ¶ 25 In order to tell the story, we need first to set the context for the analysis. For Noise, this involves three critical areas of discussion—the description of the fundamentals of noise and vibration, the regulations that apply to our project, and a description of the current (or baseline) noise conditions at and around the project site. Generally, the baseline conditions are measured physically with a noise meter.
Body ¶ 26 Noise and Vibration Fundamentals. This part of the section is almost exclusively boilerplate language. It describes how sound is measured and how it behaves, as well as how humans perceive noise and vibration. It will discuss how we describe it, how it propagates and is attenuated, how humans generally respond to noise and vibration.
Body ¶ 27 Regulatory Framework. The regulatory framework is a critical piece of the analysis as there are a myriad of applicable regulations, laws, rules, and policies that apply to the development of land in California. We will see compliance with regulations many times being the reason that an impact is either less than significant or will result in no impact. At the time of this writing, the LLM does a pretty good job on the regulatory setting. It needs improvement on the local policies. For Noise, always search the Noise Element of the General Plan and the Noise Ordinance, looking for any goal, objective or policy that addresses noise and vibration.
Body ¶ 29 Existing Conditions (sometimes referred to as Environmental Setting). This section describes what the land under analysis (otherwise known as the Project Site) is like now, including the immediate vicinity of the site; what are the baseline conditions there? These include (but are not limited to) characteristics such as its current use(s), topographic conditions, the type(s) of vegetation (if any), what types of structures (if any) are present. It also describes the baseline conditions or ambient noise, describes the existence of sensitive receptors, existing roadway noise (if any), and existing groundborne vibration.
Body ¶ 30 The following are historic or past uses that may affect the analysis:
Body ¶ 31 Sensitive Receptors. This sub section will define a “sensitive receptor”, which generally means any land use where “noise exposure could result in health-related risks to individuals, as well as places where quiet is an essential element of their intended purpose”. These are generally include housing, schools, churches, rest homes, parks, etc. Here we will identify any sensitive receptors including what they are, where they are (including distance), and if there are any intervening sources of sound attenuation such as non-sensitive buildings, topography, etc.
Body ¶ 32 Existing Ambient Noise. Typically, the Noise Study will have measured the ambient conditions at the site using a noise meter. This precise measurements, the time of day, and their location will be provided in the Noise Study. The EIR shall include any tables and figures providing this information.
Body ¶ 33 Existing Roadway Noise. The Noise Study will have a table showing the Existing Roadway Noise Levels. These numbers are modelled as opposed to measured. It will be depicted by roadway segment, accompanied by the land uses adjacent to that segment, and will be described as “some number of feet from the roadway centerline”. This should always be included in the EIR.
Body ¶ 34 Existing Groundborne vibration. The Noise Study will describe the existing vibration levels (if they exist). If there are any tables showing the existing vibration, include in the EIR.
Body ¶ 35 Now that the baseline conditions have been established as they related to Noise, the next step in our story is to set forth what will constitute a significant impact. Here is where we list the thresholds of significance. Most agencies use the CEQA Guidelines Appendix G thresholds. However, some cities have their own complete set of thresholds or they use Appendix G with some specific additional thresholds. Here the LLM shall review the IS/NOP prepared for the Proposed Project under Noise to determine 1.) are there different thresholds as compared to Appendix G, and 2.) are there any impacts not carried forward in the analysis in the EIR. List the thresholds as determined by reviewing the IS/NOP. Denote the thresholds in the following format: “Threshold X.Y-(lowercase letter)”. X=the EIR Chapter number that includes the Impact Analysis (usually 4 or 5); Y= the section number that analyzes Noise. And lowercase letter equals the lowercase letter used in Appendix G for that specific threshold. Numbering these as such is critical because they are constantly referred to in other areas of the analysis as well as other sections of the EIR.
Body ¶ 36 If there are impacts that are not carried forward for further analysis, create a sub section in the Thresholds of Significance section named “Issues Not Evaluated Further” and include the following text: “The Project would not result in significant impacts related to the following significance thresholds from Appendix G of the CEQA Guidelines as determined in the Initial Study (Appendix X); therefore, they are not evaluated further in this Draft EIR:”
Body ¶ 37 Also, in the Thresholds subsection, it will likely be necessary to describe how we will determine the significance of noise impacts due to construction. Most agencies in their noise ordinance will have a statement similar to : “as long as construction activities do not occur between the hours of 7:00 p.m. to 7:00 a.m., Monday through Saturday or any time on Sundays or federal holidays, then it is allowed”, because of the temporary nature of construction. In CEQA, while we take into consideration the hours of allowable construction, we also will use the FTA’s construction-related noise level of 80 dBA Leq. To determine significance.
Body ¶ 38 As for operational noise, the City will typically have exterior noise standards at sensitive uses. They may or may not have a numerical thresholds for increases in traffic noise levels resulting from the project. If they have them, we include it here. If not, we use FICON recommended levels of significance.
Body ¶ 39 Also, we will list the agency’s standard for significant vibration levels.
Body ¶ 40 Methodology. So far, we have set forth our regulatory framework, the environmental setting/existing conditions, and by what measure we determine the level of significance resulting from the development of the project. The next step is to disclose how we will arrive at the significance conclusion. Generally speaking, the methodology for Noise is straightforward and does not require a lengthy discussion. However, it is highly recommended to pull the methodology from the Noise Study, since there are various ways to determine significance.
Body ¶ 41 Project Design Features (PDF) is the final piece of the story prior to the analysis. Noise analysis may include PDF associated with the project. For example, a residential development will have some type of wall. For single family, it is almost always a 6-foot block wall. That wall will attenuate noise substantially. The question is, will it be included as just a part of the project, or will it be a PDF, or will it be counted as mitigation? This will vary based on the lead agency or the developer. If the construction of the wall is a condition of project approval (which is highly likely), then it really does not need to be MM or PDF. In any case, we will use that wall as part of the analysis. For this area, look to the Noise Study or Project Description for guidance. If none is provided, the Human Checkpoint can provide guidance.
Body ¶ 42 The Analysis of Project Impacts section is the true heart of the EIR section. It is here where it is all put together and the final piece of the story is told. We have a piece of land that has certain attributes and some existing noise, surrounding land that, depending on what is located there (or will be located there) with a regulated tolerance for additional noise, a Proposed Project (defined in detail in the Project Description), a series of regulations, laws, and policies that apply to it due to the jurisdiction within which it resides, we have thresholds by which the severity of any impacts are measured, a methodology describing how this is all put together, potentially (but not likely) we have a series of project design features that may serve to lessen any potential impacts, followed by an analysis of each of the thresholds based on all of the information just described. To summarize, we are generally saying: Here is this proposed project; We want to put it on this specific piece of land;
Body ¶ 43 Here are the conditions that currently exist on said piece of land (known as our “Baseline”);
Body ¶ 44 If we construct this project, based on the Baseline conditions, the type of Project, and the surrounding land uses, these regulations apply;
Body ¶ 45 Here are the thresholds by which we will determine the severity of the impacts;
Body ¶ 46 We will use this methodology to measure the potential impacts;
Body ¶ 47 When we analyze the thresholds, we are comparing what is expected to occur on the Project Site vs. What is currently occurring.
Body ¶ 48 Does a potential impact exist as far as the delta between the baseline and the project seem likely?
Body ¶ 49 If yes, will any of the applicable regulations reduce the potential impact? If they do, are they reduced to less than significant impacts?
Body ¶ 50 If not, we must identify and include mitigation measures that will reduce the project impacts;
Body ¶ 51 What level of significance will occur after those mitigation measures are implemented and why?
Body ¶ 52 Will cumulative impacts result as a result of the project when considered with other known future projects in the vicinity?