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HomeMy WebLinkAbout90-117REL: 12/3/90 RESOLUTION NO. 90-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE PACTEL OFFICE BUILDING PROJECT IN HUTTON CENTRE AND ADOPTING FINDINGS REGARDING SUCH PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, PacTel Properties owns certain property located at 200 East Sandpointe Avenue in Hutton Centre, which has been partly developed with an eight-story office building; and WHEREAS, PacTel Properties now seeks approval from the City of Santa Ana for additional development on the subject property, consisting, at a maximum, of another eight-story office building plus a parking structure (the "Project"); and WHEREAS, the approvals sought by PacTel Properties include a General Plan amendment to establish a building intensity standard for the subject property which would allow the Project as proposed, a tentative map for subdivision of the subject property, and a Development Agreement to provide PacTel Properties with certain vested rights with regard to the Project; and WHEREAS, an environmental impact report (consisting of a document entitled "Volume I, Draft Environmental Impact Report, Pac Tel Office Tower, Hutton Centre," dated November 6, 1989, a second document entitled "Volume II, Technical Appendices, Pac Tel office Tower EIR, Hutton Centre," also dated November 6, 1989, a third document entitled "Volume III, Addendum to Draft Einvironmental Impact Report, Pac Tel office Tower, Hutton Centre, dated November 30, 1990, and a fourth document entitled "Responses to Comments, Environmental Impact Report, Pactel office Tower, Hutton Centre") has been prepared for the Project (the "E.I.R."); and WHEREAS, the California Environmental Quality Act and the State CEQA Guidelines require that, prior to any approval of the Project, the City Council must make certain certifications and findings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The City council hereby certifies that the E.I.R. has been completed in compliance with the California Environmental Quality Act, and that the E.I.R. has been presented to the city Council, and that the City Council has reviewed and considered the RESOLUTION NO. 90-117 PAGE TWO information contained in the E.I.R. prior to approving the Project. 2. Those certain findings set forth in Exhibit A, attached hereto, that certain statement set forth in Exhibit B, attached hereto, and that certain program set forth in Exhibit C, attached hereto, are incorporated herein by reference as though fully set forth. The City Council hereby adopts and approves said findings, statement, and program. ADOPTED this ]7th day of De~ember , 1990 ATTEST: Clerk of the Council ~~Mayor COUNCILMEMBERS: Young Aye Acosta Aye Griset Aye Richardson Aye McGuigan Aye Norton Absent Pulido Aye APPROVED AS TO FORM: City Attorney CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~0 - //7 to be the original resolution adopted by the City Council of the City of Santa Ana on Clerk of the CounCil, Date city of Santa Ana I XHIBI ]. 2 5 FINDINGS AND STATEMENTS OF FACT December 17, 1990 SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENTS OF FACT IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED PACTEL PROPERTIES OFFICE BUILDING LOCATED IN HUTTON CENTRE IN THE CITY OF SANTA ANA. I. BACKGROUND The California Environmental Quality Act (CEQA) and the State EIR Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an environmental impact report has been completed and which Identifies one or more significant effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a statement of the facts supporting each flndlng." (Guidelines Section 15088) The possible findings are: Changes or alterations have been required in, or incorporated into, the project or are otherwise being Implemented which avoid or substantially lessen the significant environmental effect as identified in the Draft EIR and the Addendum; Such changes or alterations are within the responsibility or jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency, or can and should be adopted by such other agency; e Specific economic, social or other considerations make infeasible mitigation measures not Identified in the Draft Ell'a` or the Addendum, or project alternatives Identified in the Draft Ella,. The Draft EIR, prepared in November 1989, Identified a variety of environmental effects and corresponding mitigation measures to minimize the potentially adverse effects of a proposed 15 story office tower in Hutton Centre, City of Santa Aha. Subsequently, an Addendum to the Draft EIR was prepared In November 1990 for a revised project design of 10 storles on the same site. The Addendum to the Draft EII~ has supplemented the environmental assessment of the project by identifying the effects of a 10 story project alternative and appropriate corresponding mitigation, in addition to alternatives of other intensities examined in tile Draft EIR. In accordance with CEQA, changes made to the Draft EII~ by the Addendum did not raise any important new issues with respect to the significant environmental effects of the project. No substantial changes occurred with respect to circumstances under which the project is proposed and no new Information of substantial .importance to the project outcome was Identified in the Addendum. Reduction in the project intensity has reduced the level of certain Impacts which are directly linked to the proposed square footage of construction. These types of impacts include: traffic, noise and air pollutant generation, water and energy consumption, employment generation and various impacts to public services and utilities. A proportional decrease in the preceding impacts can be anticipated as a result of project changes. Other impacts which are less sensitive to development intensity will be altered to varying degrees by changes in design. These categories include earth resources (pile driving and dewatering), aesthetic and visual impacts, and airport operations. The reduced 10 story project is now considered the preferred project design, replacing the previous 15 story design as the project description. Sections l-IV of these Findings and Statements of Fact address themselves to the preferred l0 story project discussed in the Addendum. Other project alternatives are addressed in Section V. All feasible mitigation measures described in the following sections are included as Conditions of Project Approval. Implementation of recommended mitigation will be monitored by the City of Santa Aaa as lead. agency, or its designated representative. With the exception of cumulative long-term impacts including traffic generation, air pollution and noise generation, and housing demand, mitigation will reduce any project-related environmental effects to a level of insignificance. 2 I1. INSIGNIFICANT EFFECTS Based on information contained in the Initial Study prepared by the City of Santa Aha for the project, the following were found to be insignificant effects. The Initial Study Identified the following impacts as not applicable to the project or as having no adverse environmental effect, thereby not requiring Investigation in the EIR: Destruction, covering or modification of unique geologic or physical features; B. Changes in erosion of beach sands, rivers or streams; C. Alteration/change of climate; D. Changes in existing water courses; E. Changes in amount or rate of surface run-off; F. Alteration to the course of floodwaters; G. Changes in the amount of surface water in any water body; H. Discharge into surface waters; I. Substantial reduction in the public water supply; J. Exposure of people/property to flooding or related hazards; K. Change in the diversity of any plant species; L. Introduction of new plant species to an area or barrier to replenishment of existing species; M. Reduction of any rare or endangered plant species; N. Reduction in any agricultural crop; O. Change in the diversity of any animal species; P. Introduction of new animal species to an area or barrier to migration; Q. Reduction of any rare or endangered animal species; R. Deterioration of existing habitat; S. Substantial alteration of present or planned land use; T. Increase in the rate of use of natural resources; 128 U. Substantial depletion of non-renewable natural resources; V. Risk of release of hazardous substances; W. Need for new park or recreational facilities; X. Need for new governmental services; Y. Exposure of people to potential health hazards; Z. Impact quality or quantity of existing recreational opportunities. The Addendum to the Draft EIR identified certain effects which, although not listed as having no adverse environmental effect or inapplicable to the project in the Initial Study, were found to be insignificant effects in the Addendum, as follows: A. Generation of light and glare; B. Generation of short-term construction-related air pollution; C. Incremental increase in air pollutants as a result of long-term project implementation; D. Generation of short-term construction-related noise; E. Incremental Increase in noise as a result of long-term project implementation; F. Alteration of the existing land form; G. Incremental project-related demand for additional housing; H. Incremental project-related demand for water, sewer, police protection, natural gas, and electrical services; I. Shade/shadow effects on adjacent development; J. Alteration of the existing visual environment. Notwithstanding the fact that the Draft EIR and tile Addendum Identified the above-mentioned effects as having no significant impact on the environment, the Draft EIR and tile Addendum provide certain mitigation measures for the following Insignificant effects: A. Light and Glare: 1) Outdoor and parking structure lighting shall be designed and installed so that all direct rays are confined to the site. A lighting plan shall be prepared by the developer and approved by the Directors of Planning and Public Works Ce prior to Issuance of a grading or building permit. 2) Should exterior glazing be used, Interior building lighting shall be limited to that sufficient to provide for.security purposes. Short-Term Construction-Related Air Pollutant Generation: 1) The grading permit shall include a description of haul routes, access points to the site, and a watering program to minimize impacts of grading and haul operations. An erosion, siltation and dust control program shall be submitted and be subject to the approval of the Building Department prior to the approval of a grading permit. Long-term Project-related Air Pollutant Generation: 1) The project shall encourage the use of alternate transportation modes through formulation of a Transportation Demand Management (TDM} Program and participation in the South Coast Metro transportation Management Association. The project shall provide for mass transit accolnmodations where appropriate. 3) The project shall incorporate energy conserving street lighting. Short-Term Construction-related Noise: l) Construction activities shall be conducted in accordance with City of Santa Aha Noise Ordinance, restricting construction hours to the period between 7 A.M. and 8 P.M. Monday-Friday. 2) The applicant shall apply for a variance of city Noise Ordinance requirelnents to allow for dewatering and pouring of basement slabs (if applicable}. At the time the City approves any required waiver of City Noise Ordinance requirements to allow for dewaterlng and pouring of basement slabs, the City Engineer shall determine If it is necessary to require barriers or baffles to reduce noise from construction equipment so as not to exceed 55 dBA at the property lines. If required, the developer shall install such measures prior to beginning any activities for which a waiver was granted. Any mechanical equipment and emergency power generator shall be screened froln view, and noise associated with said Ee structures shall be sound-attenuated so as not to exceed 55 dBA at the property lines. The latter shall be based upon the recommendations of a qualified acoustical engineer and approved by the Building Department. Electric pump motors shall be required for dewatering equipment to reduce noise levels. Long-term Project-related Noise Generation: 1) The proposed office building shall be designed to meet an interior noise level of 50 dBA CNEL. 2) The parking structure shall be designed to utilize surface treatments on parking areas which act to minimize tire squeal. Alteration of the Existing Land Form: 1) Development of the site shall be subject to a grading permit to be approved by the Building and Planning Departments. 2) The grading permit shall include a description of haul routes, access points to the site, and a watering program designed to ~ninimize impacts of grading and haul operations. 3) An erosion, siltation, and dust control plan shall be submitted and be subject tc the approval of the Building Department (prior to approval of the grading permit). A copy shall be forwarded to the California Regional Water Quality Control Board, Santa Aha Region. 4) Grading shall be conducted in accordance with plans prepared by a clvll engineer incorporating the recommendations of a soil engineer and an engineering geologist subsequent to tile completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans shall be furnished to the Building Department prior to issuance of building permits. 5) Recommendations included in the 1989 Owen Consultants Geotechnical Report as contained in Appendix E to the Draft EIR and the subsequent study required by Mitigation Measure 6, below, shall be Incorporated into project design where appropriate. The Building Department shall verify the application of the appropriate recommendations prior to issuance of grading permits. 6) A supplemental subsurface investigation shall be performed subsequent to preparing a final development plan for the site (and prior to Issuance of demolition or grading permits). This study shall evaluate (but not be limited to): the extent of compressibility of the solls for structnral design purposes; the expansive nature and extent of expansive soils; the probability and extent of liquefaction for structural design proposed; and, the extent of actual groundwater conditions. Recommendations for earthwork and foundation design shall be made based on the conclusions of the investigation. Project-related Demand for Public Services (excluding fire protection) and Utilities: 1) Water conservation measures shall be incorporated into the project. These measures Include: a. Low-flush toilets; b. Low-flow faucets; Insulation of hot water lines in water reclrculatlng systems; Supply llne pressure greater than 50 psi shall be reduced to 50 psi or less by means of a pressure reducing valve; Drinking fountains shall be equipped with self-closing valves; Low water-consuming plants shall be used for landscaping wherever feasible. 2) All utility purveyors providing service to the project site shall be contacted by the project applicant. Preliminary construction plans shall be submitted to the appropriate service purveyors to determine potential impacts to utilities at the project site. The applicant and the city shall consult with utility purveyors during all phases of construction to assure that no disruption of service occurs. 3) Utility lines, including but not limited to, electrical communications and street lighting, shall be placed underground. The developer shall be responsible for making necessary arrangements with utility companies for the Installation of such facilities. 4) Prior to the issuance of any grading permits, the developer shall verify via a written agreement with the Orange County Sanitation District adequate wastewater treatment capacity is available to service the project. 7 132 The project applicant shall coordinate with the City of Santa Aha to Insure that adequate solid waste disposal services are provided to the site. 6) The City of Santa Ana Police Department shall review all project plans prior to the issuance of building permlts to ensure the incorporation of appropriate crime prevention measures in bulldlng and project design. 7) Lighting of the project site shall comply with the Santa Aha Security Ordinance. g) The office building shall employ internal security systems Including security guards to deter burglary, vandalism, and nuisance calls, reducing tile demand on police services required by the project. H. Shade/Shadow Effects on Adjacent Development: 1) Final site development plans shall be analyzed to verify that shadows do not extend into the adjacent neighborhood to any greater extent than identified In tile EIP. Addendum. This analysis shall be conducted for winter and summer solstice. This study shall be conducted prior to issuance of a grading or building permit. Alteration of the Existing Visual Environment: 1) The elevation of the parking garage along Main Street shall be designed to present a visually attractive facade and shall be extensively landscaped to visually screen its appearance to the satisfaction of the Planning Department of the City of Santa Aha. Landscape treatments shall be included in Site Plan approvals. 8 133 III. POTENTIALLY SIGNIFICANT ADVERSE EFFECTS MITIGATED TO A LEVEL OF INSIGNIFICANCE I. LAND USE A. Impact: Implementation of the project will alter the existing use, increase building intensity, and change the existing visual character of the site. Finding: Changes or alterations have been required in, o incorporated into the project, or are otherwise being l~nplemented, which will mitigate this Impact to a level of insignificance in that: The revised project acts to reduce the level of Impact associated with the previously preferred project by a reduction In square footage and building height Incorporated with a substantially Increased street setback from Main Street. TRAFFIC AND CIRCULATION A. Impact: The addition of project traffic to existing traffic levels will cause the following effects: Change in Level of Service (LOS) at the intersection of MacArthur Blvd./Redhlll Avenue from LOS D to LOS E in the PM Peak Hour. lncretnental decline in the existing Level of Service E at MacArthur Blvd./Main Street in the PM Peak Hour. Change of LOS A to LOS B at Sunflower Ave./Main St. in the PM Peak Hour. Change of LOS B to LOS C at MacArthur Blvd./Hutton Centre Drive In the AM Peak Hour. Finding: Changes or alterations which have been required in, or incorporated into the project, or are otherwise being Implemented which will mitigate this impact to a level of insignificance In that: (l) The project shall be required to contribute on a fair share basis along with other recent and pending development to 134 improvements necessary to bring the Level of Service at the intersection MacArthur Blvd./IRed Hill Avenue to an LOS D. The following measures are recommended: Provision of either a second northbound left turn lane on Red Hill Ave., or addition of a third westbound through lane on MacArthur Blvd. (City of Irvine). (2) The project shall participate on a fair share basis in the improvement of intersections impacted by the project where improvements have been required of other recent and pending development, including the following: MacArthur Blvd./Main Street: Provision of a westbound right turn lane on MacArthur Blvd. MacArthur Blvd./l-405 SB Ramps: Provision of a second southbound left turn lane at MacArthur Blvd. MacArthur Boulevard: Provision of a fourth eastbound through lane on MacArthur Blvd. between Main Street and the SR-55 southbound on-ramp. Provision of four eastbound lanes on MacArthur Blvd. under the SR-55 freeway overcrossing. Hutton Centre Dr./MacArthur Blvd. intersection: Provision of an eastbound right-turn lane in addition to the four eastbound through lanes planned on MacArthur Blvd. Sunflower Avenue: Restriplng of the eastbound Sunflower Ave. approach at Main Street to provide two left and two right turn lanes. Impact: During construction of the parking structure, a shortage of approximately 50 parking spaces serving existing office uses will occur: Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which will mitigate these impacts to a level of insignificance in that: (l) The project applicant shall obtain approval from the City of Santa Ana for an Interim Parking Plan to accommodate temporary construction related parking displacement without adverse effects to any adjacent areas. Such plan shall be prepared by a qualified consultant and be approved prior to issuance of grading or demolition permits. The 10 135 plan shall include legally executed agreements with other Hutton Centre property owners committed to provide temporary excess parking for the use of the proposed project. (2) During construction of the parking structure, the applicant shall periodically survey parking conditions and report results in written form to the City of Santa Aha. Such surveys shall be conducted by a qualified consultant. Should adverse hnpacts occur, measures shall be taken to mitigate adverse conditions to the satisfaction of the Planning Department of the City of Santa Aha. C. Impact: Project traffic, in conjunction with projected Post 2010 background traffic volumes, contributes to a worsening of traffic conditions. The revised project, however, does not change the Level of Service of operation to unacceptable levels (more than LOS D) at any intersection except for the MacArthur BIvd./SR 55 northbound ramps. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which will mitigate this impact to acceptable levels on a project-specific basis in that: (1) The project shall participate on a fair share basis along with other recent, pending, and projected development to provide three left and one free right turn lanes at the interchange of MacArthur Blvd. with the Costa Mesa Freeway (NB Ramps). A determination of the amount of the contribution shall be made by the City prior to approval of a Site Plan. (2) The project applicant shall prepare a Transportation Management Program and participate in the South Coast Metro Transportation Managelnent Association. Measures as described in Appendix B to the Draft EIR shall be incorporated in the Covenants, Conditions and Restrictions (CC & R~s) for the project. EARTH RESOURCES A. Impact: Some soils on-site are potentially compressible and/or expansive, which may require removal, recompactlon and/or special foundation design. 11 Be Finding: Changes or alterations which have been required in, or incorporated into the project, or are otherwise being implemented which will mitigate this impact to a level of insignificance in that: A supplemental subsurface investigation shall be performed subsequent to preparing a final development plan for the site (and prior to issuance of demolition or grading permits). This study shall evaluate (but not be limited to): the extent of compressibility of the soils for structnral design purposes; the expansive nature and extent of expansive soils; the probability and extent of liquefaction for structural design proposed; and, the extent of actual groundwater conditions. Recommendations for earthwork and foundation design shall be made based on the conclusions of the investigation. Impact: Grading and preparation of the foundation may require dewatering or other forms of groundwater control. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which will mitigate this impact to a level of insignificance, in that: (l) If dewatering is required, a study shall be conducted to determine the potential effects of groundwater withdrawal during any dewaterlng and pile driving operations. All recommendations of the study shall be included in the design and construction of the project. The study shall be conducted prior to issuance of demolition or grading permits and reviewed by the City Engineer. (2) If dewaterlng is required, the dewatering system shall be designed and performed by qualified engineers with previous experience In this type of construction. Selection of the engineer shall be approved by the City Engineer prior to issuance of grading permits. (3) If dewaterlng Is required, a National Pollutant Discharge Elimination System (NPDES) Permit shall be obtained from the Santa Aha Regional Water Quality Control Board prior to issuance of grading or building permits. Water extracted from dewaterlng wells shall meet current Environmental Protection Agency discharge requirements. If necessary, the water shall be desilted prior to discharge. (4) A sub-drain system beneath the floor slab of the parking 12 i37, De garage shall be Incorporated into tile final design plans. Impact: A slight potential exists that the effects of dewatering, pile driving, and lateral deflection of excavation shorings may cause subsidence and/or lateral movement of soils on the project site. Finding: Changes or alterations have been required in, or incorporated Into the project, or are otherwise being implemented which will mitigate this Impact to a level of Insignificance, In that: (l) A pile driving monitoring and documentation program shall be conducted in accordance wlth recommendations contained In Sectlon 5.6 of Appendix E of the Draft EIR. The program shall be conducted by qualified professionals experienced at assessing residential distress. Selection of the consultant shall be approved by the City Engineer. (2) The program shall include a detailed preconstruction survey to document the present condition of all buildings and facilities within a radius of approximately 300 to 500 feet of the project as determined by the geotechnical consultant and the City Engineer. Photographs, crack surveys, and Installation of a reference benchmark beyond the zone of influence shall be Included in the preconstructlon survey. The program shall Include monitoring during pile-driving operations and inspection of properties following completion of operations. Impact: The project site Is expected to experience moderate to severe groundshaking in the event of a major earthquake on a regional fault. {The risk is no greater or lesser than for any other structures in the general area, however.) Finding: Changes or alterations have been required in, or Incorporated into the project, or are otherwise being implemented which will mitigate this impact to a level of insignificance, in that: All structures shall be designed and constructed in accordance with seismic design requirements of the Uniform Building Code or Structural Engineers Association of California. 13 135 Impact: There is a possibility for the presence of agricultural-related hazardous substances in the Soil; Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which will mitigate this Impact to a level of insignificance, in that: (l) A site toxicity study shall be performed on the project site Including an EPA priority pollutant scan. This study shall address the possibility of unknown hazardous materials at and Immediately below the surface of the site. The study shall be completed prior to issuance of demolition or grading permits. The recommendations of the study shall be Incorporated Into the grading and design plans for the site. PUBLIC SERVICES AND UTILITIES A. Impact: Construction of the project will increase demand for high-rise fire protection services In Hutton Centre. Finding: Changes or alterations have been required in, or incorporated into the project, or are otherwise being implemented which will mitigate this impact to a level of insignificance, in that: (1) One additional on-site fire hydrant shall be constructed In a location and to specifications approved by the City of Santa Aha Fire Department and the Public Works Department. (2) The City of Santa Aha Fire Department shall review all project plans prior to the issuance of building permits to ensure compliance with and incorporation of all fire regulation and fire prevention measures in building and project design. (3) The project developer shall participate in the cost on a fair share basls, In conjunction with other properties to be located within the proposed special assessment district, to provide for fire department personnel and equipment necessary to service high-rise structures. AIRPORT OPERATIONS A. Impact: 14 The project site is within the FAA Notification Area for John Wayne Airport and the proposed structure will penetrate the horizontal Imaginary surface surrounding the airport. Finding: Changes or alterations have been required in, or incorporated Into the project, or are otherwise being implemented which will mitigate this Impact to a level of insignificance, in that: (i) At the time the project applicant (or any successor in Interest) submits proposed plans to the Federal Aviation Admlnlstration for review, a copy of any documents submitted shall concurrently be provided to the Airport Manager for John Wayne Airport. The applicant shall also submit to the Airport Manager any additional information as may be reasonably requested. (2) Prior to the issuance of any building permit by tile City of Santa Aha, the applicant shall submit to the Building Department a letter signed by tile Airport Manager of John Wayne Airport stating that the County has reviewed project plans and specifications for tbe proposed structure and that the proposed structure will not obstruct, impair, or otherwise interfere with the operation of any existing, planned or reasonably foreseeable navigational aids or facilities at John Wayne Airport. 15 140 IV. SIGNIFICANT ENVIRONMENTAL EFF'ECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS IMPLEMENTED The following adverse effects cannot be completely avoided or reduced to a level of Insignificance even with lmpiemehtatlon of recommended mitigation measures although such measures may substantially lessen impacts identified. 1. TRAFFIC GENERATION A. Impact: Project implementation will generate 2100 vehicle trips per day and cumulatively contribute to areawide circulation problems In conjunction with other on-going regional growth. Finding: (i) Changes or alterations have been required in, or incorporated into the project, or are otherwise being Implemented which will avoid or substantially lessen the significant environmental effect as Identified in the Addendum to the Draft EIR, in that: (a) The project applicant is required to participate on a fair-share basis along with other recent, pending, and projected development to provide circulation Improvements at locations adversely affected by the project. (b) The project applicant is required to prepare a Transportation Management Program and to participate in the South Coast Metro Transportation Management Association in order to promote alternative modes of transportation. (c) The revised project represents a substantial reduction in building Intensity which will generate less traffic than the previously preferred project thereby reducing circulation Impacts. (2) All significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened by virtue of mitigation measures described above. (3) Other changes or alterations are within the responsibility and jurisdiction of other public agencies and not solely the City of Santa Ana, in that regional solutions are required to address cumulative traffic/circulation problems. Other responsible agencies include the surrounding local cities, the County of Orange, the Southern California Association of Governments, and the State of California, Including the 16 Department of Transportation, and the Federal Highway Administration. (4) Specific economic, soclall or other considerations make Infeasible mltlgatlon measures not Identified in the Addendum and project alternatlves as described In Section V of this document, In that: (a) The proposed project is consistent with the District Center land use designation and existing zoning. It Is also consistent with the character and intensity of other development within Hutton Centre. As such, the project represents a reasonable nse of the project site. (b) Due to economics and personal choice in the selection of housing, substantial home to job commuting in the region would result from any consistent and reasonable use of the subject site. (5) Any remaining unavoidable adverse impacts are acceptable when compared to, and balanced against the facts set forth above and in the Statement of Overriding Considerations. LONG-TERM AIR QUALITY A. Impact: Long-term air quality impacts will be associated with traffic generation as well as stationary sources. Incremental Increases In air pollutant generation will act to cumulatively contribute to air quality problems In conjunction with other on-going regional growth. Finding: (i) Changes, alterations or other measares have been made or Incorporated into the project, or are otherwise being Implemented which will avoid or substantially lessen the significant environmental effect, as Identified In the Addendum to the Draft EIR, in that: (a) The project applicant Is required to prepare a Transportation Management Program and to participate in the South Coast Metro Transportation Management Association In order to promote alternative modes of transportation. (b) The project will provlde for mass transit accommodations. (c) The project will Incorporate energy saving street 17 142 lighting. (d) The revls,, project represents a substantial reduction In bulldi tttenslty whlch will generate less traffic than th previously preferred project, thereby reduclng air polhcant generation from mobile sources. (2) Ail significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened by virtue of measures described above. (3) Other changes or alterations are within the responsibility and jurisdiction of other public agencies and not solely the City of Santa Ana, In that regional solutions are required to address cumulative air quality Issues. Other responsible agencies Include the surrounding local cities, the County of Orange, the South Coast Air Quality Management Dlstrlct, and the State of California Air Resources Board, and the Federal Environmental Protection Agency. (4) Specific economic, social, or other considerations make infeasible mitigation measures not Identified in the Addendum and project alternatives as described in Section V of this document, in that: (a) The proposed project is consistent with the District Center land use designation and existing zoning. It Is also consistent with the character and intensity of other development within Hutton Centre. As such, the project represents a reasonable use of the prolect site. (b) Due to economics and personal choice in the selection of housing, substantial home to job commuting in the region would result from any consistent and reasonable use of the subject site. (5) Any re,nalnlng unavoidable adverse impacts are acceptable when compared to, and balanced against the facts set forth above and In the Statement of Overriding Considerations. LONG-TERM NOISE GENERATION A. Impact: Long-term noise Impacts will be associated with traffic generation. Incre~nental Increases In noise levels will act to cumulatively contribute to noise problems in conjunction with other on-going regional growth. Finding: 18 I43' e (l) (2) (3) (4) Changes or alterations have been required in, or Incorporated into the project, or are otherwise being Implemented which will avoid or substantially lessen the significant environmental effect as identified in the Addendum to the Draft EIR, in that: (a) The revised project represents a substantial reduction in building intensity which will generate less traffic than the previously preferred project, thereby reducing the magnitude of noise generation. All significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened by virtue of measures described above. Specific economic, social, or other considerations make infeasible mitigation measures not identified in the Addendum, and the project alternatives as described in Section V of this document, in that: (a) The proposed project Is consistent with the District Center land use designation and existing zoning. It Is also consistent with the character and intensity of other development within Hutton Centre. As such, the project represents a reasonable use of the project site. (b) Due to economics and personal choice in the selection of housing, substantial home to job commuting in the region would result from any consistent and reasonable use of the subject site. Any remaining unavoidable adverse l~npacts are acceptable when compared to, and balanced against the facts set forth above and in the Statement of Overriding Considerations. HOUSING A. Impact: The proposed project, In conjunction with other on-going regional growth, will cumulatively contribute to tile demand for housing in all price ranges. Flndin~s: (l) Changes or alterations have been required in, or Incorporated Into the project, or are otherwise being implemented which will avoid or substantially lessen the significant environmental effect as identified in the Addendum to the Draft EIR, in that: 19 144 (3) (4) (a) (b) The revised project represents a suhstantlal reduction in building intensity which will also reduce the level of housing demand created in comparison to the previously preferred project.. The City of Santa Ana has recently approved an updated Housing Element to the General Plan which will, when implemented, further mitigate this environmental impact. All significant environmental effects that can be feasibly avoided have been eliminated or lessened by measures Identified above and Incorporated into the project. Specific economic social or other considerations make Infeasible mitigation measures not Identified in the Addendum, and project alternatives as described in Section V of this document, In that: (a) The proposed project Is consistent with the District Center land use designation and existing zoning. It Is also consistent with the character and intensity of other development within Hutton Centre. As such the project represents a reasonable use of the project site. (b) Due to economics and personal choice in the selection. of housing, substantial home to job commuting In the region would result from any consistent and reasonable use of the subject site. Any remaining unavoidable adverse Impacts are acceptable when compared to, and balanced against the facts set forth above and In the Statement of Overriding Considerations. 20 i45 V. PROJECT ALTERNATIVES The EIR and the Addendum to the Draft EIR evaluate alternatives to the proposed project. The project represents the culmination of plans applied for by the sponsors and approved by the Planning Commission and City Council of the City of Santa Aha. The project has been revised and refined to the city's specifications during the course of public review. The project incorporates comments and review from the following: 1, Analysis of the project by the staff of various city departments; Analysis of the project by the Planning Commission and City Council; 3. Responses to the Notice of Preparation; 4. Responses to Comments on the Draft EIR; Se Revisions to the Addendum to the Draft EIR based on staff review; Responses to comments received from the general public in the public hearings conducted by tile city; Input from a series of meetings conducted by tile project sponsor with area homeowners and various associations throughout the formulation and public review of the project. Below is a brief description of Project Alternatives which were considered and rejected in favor of the proposed project. 1. NO PROJECT ALTERNATIVE Discussion of a "no project" alternative is required to meet CEQA Guidelines. The no project alternative would maintain tile property in Its current condition. Although the "no project" alternative is environmentally superior to the proposed project in that the property Is assumed to remain as a parking lot, specific economic, social or other considerations make infeasible the no project alternative, including the following: The no project alternative would not meet the project sponsor's objectives and would not be consistent with the District Center land use designated on the General Plan of the City of Santa Aha. The no project alternative would not implement the various goals of the South Main Street Redevelopment Plan. The no project alternative would not provide any local "spin- off~ economic benefits generally associated with development. 21 146 The no project alternative would not provide additional revenues to the City of Santa Ana. In not developing the project area, development pressures would still exlst which could create future Impacts similar to or greater than those created by the project, either within the project area or other areas to which development pressures would be redirected. The significant effects of the project are cumulative In nature only and the responsibility and jurisdiction over such regional, long-term issues Is shared among a variety of agencies and governmental entitles and not solely the responsibility of the City of Santa Aha. After mitigation, the remaining significant effects of the project are acceptable when balanced against facts set forth in preceding Findings and In the Statement of Overriding Considerations. LOWER DEVELOPMENT INTENSITY ALTERNATIVES Development of the project area under these alternatives Is hypothesized in the Draft EIR to occur either at .92 FAR (2 stories) or a 1.27 FAR (6 stories). The lower development 'intensity alternatives would diminish environmental effects relative to the proposed project and are considered environmentally superior to the proposed project. Specific economic, social or other considerations make lower Intensity alternatives infeasible, including the following: The Lower Intensity Alternatives are not consistent with the objectives of the District Center designation found in the General Plan and South Main Street Redevelopment Plan; The Lower Intensity Alternatives would not generate the amount of additional annual revenues to the City of Santa Aha as would be generated by the revised project; The Lower Intensity Alternatives would not meet the objectives of the proJecUs developer; The significant effects of the project are cumnlative In nature only and the responsibility and jurisdiction over such regional, long-term Issues Is shared among a variety of agencies and governmental entitles and not solely the responsibility of the City of Santa Aha. The significant effects of the proposed project are acceptable when balanced against the facts set forth in tile Statement of Overrldlng Considerations. HIGHER DEVELOPMENT INTENSITY ALTERNATIVES 22 Development of the project area under these alternatives is hypothesized in the Draft EIR at FAR 1.66 (12 stories), FAR 1.90 (15 stories) and FAR 2.16 {18 stories). These alternatives are considered environmentally inferior to the revised 10 story project proposal. All the higher intensity alternatives would increase the level of all environmental effects relative to the revised project. These alternatives have been evaluated and rejected on the basis of their increased level of adverse effects. 23 :1.48 VI. 1. 2. 3. GENERAL FINDINGS The plans for the project have been prepared and analyzed so as to provide for public Involvement In the planning and CEQA process. The plans for the project are In conformance with policies set forth under the General Plan and the South Main Street Redevelopment Plan. To the degree that any Impacts described in the EIR are perceived to have a significant effect on the environment, or such impacts appear ambiguous as to their effect on the environment, any significant effect of such impacts has been substantially lessened or avoided by the mitigation measures set forth in the Final EIR or is outweighed by the facts set forth in the Statement of Overriding Considerations. Comments regarding the Draft EIR received during the public review period and during public testimony before the Planuing Commission have been adequately responded to in written Responses to Comments attached to the Final EIR. Any significant effects described in such comments were avoided or substantially lessened by the mitigation measures described In the Draft EIR and the Addendum to the Draft EIR or are outweighed by the facts set forth in the Statement of Overriding Considerations. Specific economic, social, or other considerations amke infeasible mitigation measures not Identified in tbe Draft EIR and the Addendum or the project alternatives Identified in the Draft EIR. 24 STATEMENT OF OVERRIDING CONSIDERATIONS December 17, 1990 The California Environmental Quality Act (CEQA) requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks In determining whether to approve the project. The proposed "project" consists of a 10 story, 180,000 square foot office tower and an 8 level parking structure in Hutton Centre in the City of Santa Aha. The project may have significant or certain substantial adverse impacts on the environment which have not been fully mitigated. Such Impacts are identified in the Final EIR and are addressed in Findings and Statements of Fact which accompany this Statement of Overriding Considerations. Impacts in all cases have been mitigated to the extent considered feasible and have been reduced by tbe incorporation of all mitigation measures as Conditions of Project Approval. The City of Santa Aha has determined tbat the unavoidable environmental Impacts of the proposed Project are acceptable when balanced against the benefits of the project. The following benefits are foun(I to outweigh and make acceptable the unavoidable adverse impacts Identified in the Final E[R: The project fulfills the adopted land use goals and policies of the City of Santa Ana, providing for professional office use of a character and intensity consistent with the intent of the General Plan to create a District Center, It is also consistent with existing zoning and the South Main Street Redevelopment Plan. The project represents a logical extension of existing development patterns In an established District Center where adequate facilities and services are available or will be provided with project implementation. The Intensity of the project is considered suitable to the property and similar to existing adjacent development within Ilutton Centre. de The location and level of development anticipated from the project will be consistent with development occurring in the entire South Coast Metro/John Wayne Airport area. e The project will contribute pro rata improvements to the regional circulation system through the payment of fees which will act generally to benefit the surrounding area, and will provide for alternative transportation opportunities through the implementation of a Transportation Demand Management Program promoting alternative modes of travel. Although the project will Increase traffic in the area, circulation Improvements will be provided which will mitigate project-related impacts to acceptable levels of service in an area generally expected 150 e to experience rapid urbanization regardless of the development of the project. The project will provide addltioual office space within the City of Santa Ann which will allow many firms presently located elsewhere to locate within the City. This will assist the City in retaining its fair share of regional economic opportunity. The development of the project will directly provide temporary employment opportunities in construction and permanent opportunities In a variety of fields. It will also indirectly generate "spin-off" economlc benefits to existing local businesses and services from new employees. Development of the project will generate additional property tax and other revenues to the City of Santa Aha and will contribute various fees for services and improvements required to provide for the development. 10. 11. 12. The project will contribute to the funding of the Sandpointe Neighborhood Improvement Plan which will benefit adjacent residents with a variety of public Improvements. Specific economic, social, or other considerations make infeasible mitigation measures not Identified in the Draft EIR and the Addendum, or project alternatives identified in the Draft EIR. The significant impacts associated with the project are cumulative and regional in nature. The project's incremental contribution to those Impacts Is considered minimal and acceptable from a regional perspective nature when balanced against the foregoing benefits. EXHIBIT C REPORTING/MONITORING PROGRAM PAC-TEL PROJECT The following mitigation measures from the Pac-Tel Project Environmental Impact Report (EIR) are conditions of approval of Site Plan Review 89-151. Verification of compliance shall occur as indicated and shall be the responsibility of the City of Santa Ana's Environmental Coordinator or his designee unless otherwise noted. A. The following details shall be incorporated onto plans submitted for BUILDING PLAN CHECK: The applicant shall insulate hot water lines in water recirculating systems. 2. The applicant shall install low water use faucets in all structures. 3. The applicant shall install low-flush toilets in all structures. The applicant shall ensure that all drinking fountains on-site are fitted with self-closing valves. The applicant shall incorporate drip-irrigation systems on-site for landscape watering where appropriate and low water consuming vegetation shall be used on-site where possible. In addition all sprinklerlng devices shall be designed to reduce water waste. The landscape irrigation system shall be transferred to a reclaimed water system when it becomes available. e The applicant shall prepare a storm drain improvement plan and submit it to the City Engineer for review and approval. Such a plan shall identify the location and specifications of proposed drainage facilities. The applicant shall be required to show to the satisfaction of the Fire Department that the project would not require fire flows in excess of supply. On-site structures shall be fitted with automatic sprinklering systems. In addition, the office towers shall be fitted with elevator recall systems, smoke evacuation systems, fire detection systems, pressurized stair wells, zoned alarm systems, phones in stairwells and elevators. 152 The applicant shall provide an on-site security system for the office towers and the parking structure that includes alarms and other communication devices subject to the approval of the Santa Aha Police Department Community Service Office. 10. Other security measures (i.e., lighting, gates, etc.) shall be implemented as outlined in the City's Building Security Ordinance Manual and the conditions of approval for this project. 11. The location of pedestrian walkways designed to allow the safe and convenient movement of persons to and from the building and bus loading facilities. 12. One hundred fifty (150) feet of clear access to all sides of the building shall be provided or the applicant shall obtain an alternate protectlonwaiver from the Fire Department. 13. The applicant shall prepare improvement plans and submit it to the City Engineer for review approval. Such plan shall identify the street improvements; traffic signal and channelization. B. The following shall be completed prior to the issuance of Building Permits: Dedicate Main Street for a width of 64 feet from street centerline to property line and 25 foot radius spandrel at the intersection of Sandpointe Avenue. me Provide the Public Works Agency with a cash deposit of $15,000.00 for conducting a Neighborhood Traffic Monitoring Program. 3. Payment of Fire Facilities Fee. 4. Obtain Planning Managers approval of interim parking plan. 5. Conduct site toxicity study. 6. Submit Pile Driving Monitoring Program. C. During the construction of the project, comply with the following: Should any project-generated sediment be deposited in City storm drains, the applicant shall fund any required clean-up to the mutual satisfaction of the City and the applicant. me Exposed soils shall be covered with soil binding material (such as burlap and/or fast growing grasses) as soon as possible to prevent soil erosion du~lng storms. 3. Cease grading activities when local wind conditions exceed 30 m.p.h. Institute a watering program to form a crust on the ground surface to reduce fugitive dust. 153 5. Comply with rule 1403 of the South Coast Air Quality Management District. Emergency access shall be provided (to the satisfaction of the Fire department) prior to the placement Of combustibles on-site. Fire hydrants shall be in operating order prior to the placement of combustibles on-site. 8. Institute interim parking plan. 9. Conduct dewatering activities (if any) in conformance with the specifications of the EIR. 10. Institute the Pile Driving Monitoring Program outlined in the EIR. D. Prior to approval of Certificate of Occupancy: 1. Construct revised medians in Sandpointe Avenue per approved improvement plan. Construct driveway entrance on Sandpointe Avenue per approved improvement plan. 3. Install lane striping and stgnage per approved Channelization Plan. Construct street entrance driveway with minimum 25 foot curb returns to include wheelchair ramp per approved plans. Developer shall comply with all mitigation measures applicable to the project as set forth in the Draft Environmental Impact Report and as modified in the response to comments portion of the Environmental Impact Report. Provide the Public Works Agency with a cash deposit to guarantee Pac-Tel's contribution toward the full improvements of MacArthur Boulevard from Main Street to SR-55 and Main Street to Pac-Tel project limits per the development agreement. Develop a Transportation Demand Management (TDM) Plan to be approved by the Public Works Agency in compliance with the TDM program outlined in the EIR. Record CC&R's with provisions to guarantee adherence to the TDM program as outlined in the Environmental Impact Report. The TDM Program shall establish an annual penalty fee schedule for failure to achieve the trip reduction goal. The Pac-Tel TDM Program shall be required to adhere to the TDM mitigation measures that are consistent with, and no more burdensome than, requirements of similar projects under the Jurisdiction of the City of Santa Aha. 154 9. Verify compliance with items number 1 through 13 of Section A. Compliance with the mitigation measures identified below will be required as part of the on-going operation of the project project: Hardseape area maintenance and sweeping shall be conducted regularly (without the use of water) to reduce the amount of pollutants entering the City drainage system. 2. Comply with TDM program requirement for annual reporting and performance requirements.