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City Place Sky Lofts Final Environmental Findings W-3 Prior to the commencement of soil disturbing activities, the project proponent shall submit for approval to the RWQCB, a Notice of Intent to be covered under the Storm Water Permit. Additionally, the project proponent shall prepare a SWPPP which will require the implementation of BMPs. The project proponent shall implement the SWPPP and will modify the SWPPP as directed by the Storm Water Permit. These provisions shall be included in the plan notes. The SWPPP shall include all of or a combination of specific BMPs as follows: a) Sediment for areas disturbed by construction shall be retained on-site using structural controls such as sandbags, fencing, or retention ponds. b) Stockpiles of soil shall be properly contained to eliminate or reduce sediment transport from the site to the streets, drainage facilities, or adjacent properties via runoff, vehicle tracking or wind. c) Appropriate BMPs for construction-related materials, wastes, spills, or residues shall be implemented to minimize transport from the site to streets, drainage facilities, or adjoining properties. d) Runoff from equipment and vehicle washing shall be contained at construction sites unless treated to reduce or remove sediment and other pollutants. e) All construction contractor and subcontractor personnel are to be made aware of the required BMPs and good housekeeping measures for the project site and any associated construction staging areas. f) At the end of each day of construction activity, all construction debris and waste materials shall be collected and properly disposed of in trash or recycle bins. g) Any designated smoking area shall have an appropriate cigarette waste receptacle that is fitted to not allow cigarette butts to enter storm water or drains during rain or high winds. All contractor and subcontractor personnel will be directed to dispose of cigarette butts in these receptacles. 4.2.5.4 Level of Significance of Impacts Related to Erosion and Loss of Topsoil The adverse impacts of the City Place Sky Lofts project related to erosion and loss of topsoil will be mitigated to below a level of significance with the implementation of mitigation measure W-3. 4.2.6 HAZARDS AND HAZARDOUS MATERIALS IMPACTS RELATED TO AIRPORT LAND USE PLANS 4.2.6.1 Potentially Significant Adverse Impacts Related to Airport Land Use Plans As discussed in Section 4.6 (Hazards and Hazardous Materials) of the EIR, the City Place Sky Lofts 27-story tower is 365 feet 8 inches above the ground at its highest point (a mechanical penthouse). Because the residential tower exceeds 200 feet in height, any such use (over 200 feet in height) would substantially fall within the John Wayne Airport Environs Land Use Plan (AELUP). Therefore, the proposed project would require filing with the FAA. Implementation of the proposed project could potentially result in significant impacts related to aviation hazards. 4.2.6.2 Finding Related to Airport Land Use Plans Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. F:IPROJ-END1CityPlaceSkyLoftslFinaIEIRIFindings-SOCIFindings-SOC.doc Page IS January 23, 2009 75A-125