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First Appellate District Denies Initial Study Noise Level Challenge to Transitional Housing Project Based on Non-Expert Analysis


In Jensen v. City of Santa Rosa (2018) 23 Cal.App.5th 877, the First Appellate District held that noise impacts from a proposed youth center and transitional housing project were properly analyzed and approved with a negative declaration (ND) where the City of Santa Rosa’s (City) acoustic expert found no noise impacts above the baseline would occur as a result of the project. Appellant’s non-expert claims to the contrary did not rise to the level of substantial evidence supporting a fair argument that there would be a significant noise impact meriting preparation of an EIR.

The Dream Center Project (Project) proposed to redevelop a vacant hospital into a youth center and transitional housing for 18 to 24-year-old homeless youth and former foster care youth including youth who have been abused, are unable to afford housing, or are unable to find employment.

Project applicant filed an application for a CUP, rezoning, and design review to implement the Project plans. The City prepared a draft Initial Study/Negative Declaration. In doing so, the City contracted with a professional noise consultant to conduct a noise analysis of the site. The study concluded that the Project would not constitute a significant noise impact. The City reviewed the application and noise study and found that the Project would have no significant effect on the environment. The City approved the Project and, thereafter, Project site neighbors (Petitioners) filed suit.

Petitioners alleged that the noise impacts from recreational activities (e.g. gardening, pottery throwing) and parking lot traffic at the southern end of the Project site were significant and required preparation of an EIR. Petitioners supported these claims with reference to another noise study conducted at a neighboring convenience store whose methodology, if applied to the Project site, would demonstrate noise impacts sufficient to merit preparation of an EIR. The trial court found the claims speculative and denied the petition. Petitioners timely appealed.

The Appellate Court affirmed and refused to consider the alternative noise study proposed and interpreted by Petitioners. Petitioners’ non-expert qualitative analysis of the convenience store noise study and its methodology were not an acceptable means of analyzing noise impacts. Petitioner’s calculations were essentially opinions rendered by non-experts that rested on supposition and hypothesis, rather than fact, expert opinion, or reasonable inference. As such, Petitioners failed to present substantial evidence supporting a fair argument.

Further, the Court held, Petitioners concerns about noise from parking traffic and recreational activities were unfounded as the Project plans and conditions for approval specifically mitigated noise impacts. Noise from parking in the south lot was mitigated as only staff were allowed to park there; residents and deliveries were prohibited from using anything but the northern parking lot. Petitioners’ claims that recreation activity noise would rise to a level of significance were also meritless as activities on the half basketball court, community garden, and pottery throwing space were explicitly limited to daytime hours.

The Court affirmed the trial court’s holding.

Key Point:

When attempting to rebut the validity of an independent noise analysis for a project’s Initial Study, is it imperative to use expert analysis. Additionally, comparison of two unrelated Initial Study results (even if the sites are nearby) will likely fall short of Court-accepted scientific evidence.

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dateMay 1st, 2018byby


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