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Chapter 2 CEQA Findings Impact Statement I Evidence/Rationale Supporting Findings Mitigation Measures proper shielding for all new HVAC systems used by the proposed residential and mixed use buildings to achieve an attenuation of 15 dBA at 50 feet from the equipment. Findings Finding 1 The Agency finds that changes or alterations have been required in, or incorporated into, the project which would avoid or substantially lessen the significant environmental effect as identified in the final EIR. Finding 3 The Agency finds that specific economic, social, or other considerations make infeasible additional mitigation. Specifically, the Agency finds that no additional feasible mitigation measures exist that would avoid or substantially reduce this impact. Proximity to the SCRRA rail line will have noise impacts. One of the main benefits of living in transit- oriented developments is the proximity to transit, in this case heavy rail. The lifestyle choice associated with living in a transit oriented area means accepting higher than normal, intermittent noise levels. Level of Significance after Mitigation Impact 4.8-8 Operation of the Southern California Regional Rail Authority's (SCRRA) rail line would potentially expose noise- sensitive land uses located within the Transit Zoning Code (SD 84) area to noise levels that exceed the standards established by the City of Santa Ana General Plan. Under the Transit zoning Code, sensitive uses, primarily residential structures would be located in close proximity to the SCRRA rail line. Operation of the SCRRA rail line would expose noise-sensitive land uses located within the project area to noise levels that exceed the standards established by the City of Santa Ana General Plan. Implementation of mitigation measures MM4.8-5 and MM4.8-6 would reduce noise levels at sensitive receptors associated with interior and exterior communal and private spaces. Additionally, MM4.8-8 would also reduce noise impacts by disclosing to future residents the types and level of noise that can be expected. However, these measures would not reduce impacts below the levels established in the City's Municipal Code. The City is currently pursuing the establishment of Quiet Zone within the City which would further reduce this impact, by preventing trains from using their horns at at-grade crossings, however this has not yet occurred. MM4.8-8 The City shall provide a written statement to each applicant for projects located within 400 feet of the SCRRA tracks that shall be provided for each residential unit and resident, notifying them of potential noise and vibration issues associated with the railroad tracks, including the following: Notice of Disclosure Each owner's [or renter's] interest is subject to the fact that trains operate at different times of the day and night on the railway tracks immediately adjacent to a project site; and that by accepting the conveyance of an interest [or lease agreement] in that project, owner [or renter] accepts all impacts generated by the trains. Posting of Notice of Disclosure in each residential unit Prior to offering the first residential unit for purchase, lease, or rent, the property owner or developer shall post a copy of the Notice of Disclosure in every unit in a conspicuous location. Also, a copy of the Notice of Disclosure shall be included in all materials distributed for the Project, including but not limited to: the prospectus, informational literature, and residential lease and rental agreements. Significant and unavoidable Transit Zoning Code (SD 84) EIR Findings of Fact/Statement of Overriding Considerations 2-37