The oral arguments for the Palo Alto Medical Foundation PAMF and City of Sunnyvale City Council Environmental Impact Report EIR Lawsuit were heard this morning in the 6th District Court of Appeal with Associate Justice Patricia Bamattre-Manoukian presiding.
The complaints address the inadequacy of General Plan Discussion for the three Kenny Court Residential Homes to become part of the medical facility, improper traffic and noise baseline , and improper construction mitigation for the nearby residential homes influenced by nearly 2 1/2 years of construction noise that exceeds the City of Sunnyvale Noise Ordinance.
In fact, the initial indicators of a required PAMF EIR, according to John Schwarz, of David J Powers & Associates, in an email, warned Sunnyvale Planners Gerri Caruso and Trudi Ryan 9/19/08 of “given the proximity of the residential uses, the HIGH construction levels anticipated and the duration of exposure to those levels . . . ”
The purpose of an Environmental Impact Report EIR under the California Environmental Quality Act CEQA is to disclose the impacts to those not involved in the decision-making process as well as mitigate to avoid or significantly lessen the impacts.
Take a look at this plywood fence that Sacramento Attorneys Trainor Fairbrook consider “good enough!” for noise mitigation, egad! Additionally, wouldn’t it be reasonable to include the massive underground structure in the PAMF EIR analysis? It is not.