80A - TRANSIT ZONING CODE - FEIR - SUPPLEMENTAL - REPONSE TO COMMENTS

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Chapter 12 Responses to Comments Received Since Publication of the Final EIR fill Letter OCPW: Orange County Public Works (OCPW) Response to Comment OCPW-1 This comment contains introductory and general background information and is not a direct comment on environmental issues or the content or adequacy of the Draft EIR. No response is required. Response to Comment OCPW-2 The comment accurately reflects the proposed changes to existing zoning and application of the zoning contained within the Transit Zoning Code, as well as changes to land use contained in the amendment to the General Plan Land Use Element, on the properties currently owned by the Counter of Orange described as the "Fruit Street" maintenance yard and the vacant parcel across the street on the northerly side of Santa Ana Boulevard. The comment also accurately reflects the exempt status of the properties owned by the County of Orange from the provisions of the Transit Zoning Code and other provisions of the Santa Ana Municipal Code Chapter 41Zoning, including provisions related to legal non- conforming uses and sites. Due to the fact that the propert<r is not currently in private ownership, any improvements or uses that do not currently comply with the existing zoning, or proposed Transit Zoning Code standards, are not considered legal non-conforming and, as such, existing improvements and uses do not enjoy the protection of the provisions of the Santa Ana Municipal Code Chapter 41 as it relates to non-conforming uses and sites. As stated in Comment OCPW-2, should the propert<T currently owned by the Count~T of Orange change to private ownership, the full provisions of the Transit Zoning Code would apply and any future development would be required to comply with all of the standards contained within the Transit Zoning Code .This comment does not address environmental issues or the content or adequacy of the Draft EIR. No additional response is required. Response to Comment OCPW-3 The commenter requests that the mitigation measure MM4.6-1 be revised to adhere to the 4`~ term Municipal NPDES Stormwater Permit for the Santa. Ana Region of Orange Counter as adopted on May 11, 2009." As written, the mitigation measure states: In order to comply with the current version of the DAMP, future development projects in die Transit Zoning Code (SD 84A and SD 84B) area shall prepare Storm Drain Plans, Stormwater Pollution Prevention Plans (SWPPP), and Water Quality Management Plans (WQ~VIP) conforming to the current National Pollutant Discharge Elimination System (NPDES) requirements, prepared by a Licensed Civil Engineer or Environmental Engineer, shall be submitted to the Public Works Agency for review and approval. The city understands that the commenter's intent is to ensure that the mitigation measure requires compliance with the latest set of regulations regarding the NPDES. However, since the majorit5r of the future development of the Transit Zoning Code may occur years in the future, requiring development projects to comply with "current National Pollutant Discharge Elimination System (NPDES) requirements" ensures compliance with the most up-to-date standards over a longer period of time, since the requirements that are in effect today may differ in the future. Writing the mitigation measure in this way places the responsibilitcr of complying with NPDES regulations on future project proponents, regardless of how the regulations change over time. Therefore, the City will adopt mitigation measure MM4.6-1 as set forth in the EIR. City of Santa Ana Transit Zoning Code (SD 84A and SD 84B) EIR 12-13