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November 8, 2024 <br />Page 30 <br /> <br />7357-013acp <br /> printed on recycled paper <br />A. The DEIR Fails to Analyze or Rectify The Project’s <br />Inconsistencies with the East County Area Plan <br /> <br />The Project is not consistent with the East County Area Plan (“ECAP”). <br />Policy 301 of the ECAP provides that the County shall only approve new air <br />pollution point sources such as manufacturing and extracting facilities when they <br />are located away from residential areas and sensitive receptors.151 Sensitive <br />receptors are defined in the East County Area Plan as “facilities which are most <br />likely to be used by the elderly or infirm, children, or persons with particular <br />sensitivity to air pollutants, including hospitals, schools, convalescent homes, and <br />similar uses.”152 <br /> <br />The Project’s sewer treatment plant constitutes an air pollution point source <br />and would result in potentially significant air, odor, and noise impact on nearby <br />sensitive receptors. The DEIR provides that “under both Design Option A and <br />Design Option B (Exhibit 2-6a and Exhibit 2-6b), the sewer treatment plant would <br />be located west of El Charro Road in the northern portion of APN 946-4634-2.”153 <br />The proposed Senior East County Lakes Project is also proposed on APN 946-4634- <br />2. The Montessori School of Pleasonton is located 0.25 miles from the Project <br />site.154 Sensitive receptors including individuals in the residences on the Project <br />site itself, and seniors living at the Senior East County Lakes Project adjacent to <br />the Project, and students at the Montessori School of Pleasonton will be adversely <br />affected by the air, odor, and noise emissions from the sewer treatment plant. <br /> <br />ECAP Policy 302 requires that the “County shall include buffer zones within <br />new residential and sensitive receptor site plans to separate those uses away from <br />freeways, arterials, point sources, and hazardous material locations.”155 <br /> <br />Program 104 states that the County shall require the use of noise reduction <br />techniques (such as buffers, building design modifications, lot orientation, <br />soundwalls, earth berms, landscaping, building setbacks, and real estate disclosure <br />notices) to mitigate noise impacts generated by transportation-related and <br />stationary sources as specified in the California Office of Noise Control Land Use <br />Compatibility Guidelines.156 The DEIR provides that the DEIR’s noise analysis was <br />conducted “assuming minimal shielding from the existing 6-foot high sound wall <br /> <br />151 Alameda County, East County Area Plan (1994) (Revised by Initiative Nov. 2000), (hereinafter <br />“ECAP”). <br />152 Id. at p. T-4 <br />153 DEIR, p. 2-29. <br />154 DEIR, p. 3.8-20. <br />155 ECAP, p. 71. <br />156 ECAP, p. 70.