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HomeMy WebLinkAbout93-024 - Environmental Impact Report for the Santa Ana Enterprise Zone Project139 RESOLUTION NO. 93- 024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE SANTA ANA ENTERPRISE ZONE PROJECT, ADOPTING FINDINGS REGARDING SUCH PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMEN- TAL QUALITY ACT, AND APPROVING SUCH PROJECT WHEREAS, the City of Santa Ana has applied to the State of California for the creation of an Enterprise Zone within the City (the "Project") and has received approval of such application conditional upon the preparation and certification of an environ- mental impact report for that project and the reapproval of the Project by the City in accordance with the requirements of the California Environmental Quality Act; and WHEREAS, an environmental impact report has been prepared for the Project (the "E.I.R.) and has been provided to this Council for its review and consideration; 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 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. 3. The Project is hereby approved. PAGE 2 ADOPTED this 15th ATTEST: ~lerK of the Councl~ COUNCILMEMBERS: Young Aye Pulido 'Aye Lutz .Aye Mills Aye Moreno .Aye Norton .Aye Richardson .Aye day of ~arch , 1993. D~ }~. ~oung~ I / Mayor ~ ! 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 ~-~ to be the original resolution adopted by the City Council of the City of Santa Ana on ~lerk of the Council, Date City of Santa Aha 141 CITY OF SANTA ANA ENTERPRISE ZONE EXHIBIT A - FINDINGS OF FACT EXHIBIT B - STATEMENT OF OVERRIDING CONSIDERATIONS EXHIBIT C - MITIGATION MONITORING AND REPORTING PROCd:~M PREPAREDF~: COMMUNITY DEVELOPMENT AGENCY CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 92702 (714) 647-5360 PREPARED BY: STEVENSON, PORTO & PIERCE, INC. 18195 MCDURMOTT EAST SUITE C IRVINE, CAMFORNIA 92714 (714) 660-8822 EXHIBIT A FINDINGS OF FACT EXHIBIT CALIFORNIA ENVIRONMENTAL QUALITY ACT STATEMENT OF FINDINGS OF FACT FOR THE ENTERPRISE ZONE F F [. II. INTRODUCTION The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) provide that: "No public agency shall approve or carry out a project for which an Environmental Impact Report (EIR) has been completed and which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding." (CEQA Guidelines Section 15091) The EIR for the Enterprise Zone identified significant effects which may occur as a result of the proposed project. In accordance with the Guidelines, the city of Santa Ana hereby adopts the findings in this report as part of the approval of the Enterprise Zone project. The City of Santa Aha has prepared an EIR for the proposed Enterprise Zone project in accordance with CEQA and the requirements of the State Guidelines. As mandated by legislation in the State of California, the EIR was subject to review and approval by the City of Santa Aha City Council. At a public meeting held on March 15, the EIR was certified by the City Council as adequate, in compliance with the provisions of CEQA. In adopting this Statement of Findings and Facts, the city of Santa Ana City Council approves the Enterprise Zone project. The certification entails approval by the City Council of the EIR and the Enterprise Zone. A Mitigation Monitoring Program has been prepared to monitor and report the implementation of the mitigation measures identified for the Enterprise Zone. The Mitigation Monitoring Program was developed in compliance with Assembly Bill 3180, which became effective on January 1, 1989. DESCRIPTION OF THE APPROVED PROJECT The proposed Enterprise Zone encompasses approximately 6,044 acres and is located in the southern, southwestern, middle, northern and eastern sections of the City of Santa Aha. The proposed Enterprise Zone includes areas within and adjacent to established redevelopment project areas. 144 The Enterprise Zone program offers businesses that locate within its borders the opportunity to reduce their State business income tax through a variety of tax benefits. For example, a business located in the Enterprise Zone can receive tax credits every time it hires an eligible new employee or purchases qualified new machinery, equipment or pollution control devices. Tax credits are also available to lenders who make loans to businesses in the Zone, and to employees who work in the Zone. The six tax incentives are: Sales and Use Tax Credit: California income or franchise tax may be reduced by the amount of sales or use tax paid on certain machinery purchases for exclusive use in an Enterprise Zone. $1.3 million per year or more in tax credits are available for qualifying machinery purchases. Hiring Credit: A qualified business may reduce its State income tax by the amount of wages paid to one or more qualified employees. $19,000 or more in tax credits per qualifying employee over a five-year period. Business Expense Deduction: Part of the cost of certain property purchased for exclusive use in an Enterprise Zone may be deducted as a business expense in the first year it is placed in service. Net operating Loss Carryover: Net operating losses (NOLs) of individuals or corporations doing business in an Enterprise Zone may be carried over to future years to reduce the amount of taxable Enterprise Zone income for those years. Net Interest Deduction for Lenders: A deduction from income is allowed on the amount of "net interest" earned on loans made to a trade or business located in an Enterprise Zone. Employee Tax Credit: Low wage employees who work in the Zone may claim a tax credit to reduce the amount of their income tax on wages earned in the Zone. The proposed Enterprise Zone would not result in a change in existing zoning designations or land use. III. ALTERNATIVES TO THE PROPOSED PROJECT Three alternatives to the proposed project were evaluated in the project EIR. These alternatives include the No Project, Alternate Financing and Reduced Project Area Alternatives. 2 145 IV. NO PROJECT ALTERNATIVE The No Project Alternative Would allow the area located within the proposed Enterprise Zone to continue to develop without any assista ,n~e from the California Department of Commerce Enterprise Zone Program. Business development and growth would continue into the future determined mostly by the private sector and the City. ALTERNATIVE FINANCING This alternative would require the City of Santa Aha to seek alternative sources of revenue to fund needed building improvements, business relocations and expansions and other projects. Other sources of revenue the City could consider include infrastructure finance districts, Redevelopment Agency industrial development bonds, community development block grant (CDBG) funds, economic development administration (EDA) funds, assessment districts and county, state and federal assistance and funding programs. REDUCED PROJECT AREA This project alternative would reduce the proposed Enterprise Zone area to a smaller geographical area. In order to reduce the area, commercial and industrial uss would be removed from the Zone. The areas deleted from the proposed zone would have to be those areas that would result in fewer environmental impacts and still meet the objective of the Enterprise Zone program. FINDINGS OF FACT There are three possible findings under CEQA with respect to the significant effects of a project: Finding 1: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant envir- onmental effect identified in the Final EIR. Findinq 2: 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. Finding 3: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. 146 Vo After reviewing the Final EIR and the public record on the project, the City of Santa Ana hereby makes the findings in Section V, VI and VII, regarding the significant effects of the Enterprise Zone project, pursuant to Section 15091 of the state CEQA Guidelines. EFFECTS DETERMINED TO BE MITIGATABLE TO A LEVEL OF INSIGNIFICANCE E~RTH RESOURCES significant Effect Future development in the area would be subject to seismic activity from local faults. Finding Finding 1: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in support of the Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. Ail projects that require building excavation and/or significant amounts of grading shall have a geotechnical soils report approved by the Planning and Building Agency prior to the issuance of grading and/or building permits. NOISE Significant Effect Short-term construction noise could occur during project construction and demolition of buildings. To determine long- term noise impacts, fUture studies associated with development would be required. Findinq Finding 1: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. 4 147 Facts in SuPPort of the Findina The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Ail construction projects shall comply with the City's Noise Ordinance as applicable. Ail projects shall be reviewed for potential noise impacts to noise sensitive land uses such as schools, hospitals, rest homes, residential uses, etc. Project construction adjacent to or in the vicinity of noise sensitive land uses shall be restricted to times of the day that construction can occur and the noise level that can be generated from the site. This criteria shall be established by the Planning and Building Agency. WATER SERVICE Sianificant Effect Future development may require water system upgrades in order for adequate water pressure. Findinq Finding 1: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Findinq The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. Low-flush toilets, faucets, etc. shall be incorporated into all projects as applicable in compliance with the City of Santa Ana and the Uniform Plumbing Code. 2. Insulation of hot water lines in water recirculating systems shall be required. 3. Low maintenance and water conserving landscaping shall be used whenever feasible. 5 [ [ SCHOOLS Significant Effect The project could generate additional students to area schools, depending upon the types of projects developed. The impact on Santa Ana District schools could be significant since most the District's schools are over capacity. Finding Finding 1: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Findin~ The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. The development of projects that result in new construction shall pay developer fees to the appropriate district as required. POPULATION/HOUSING Significant Effect Future additional development in the Enterprise Zone could indirectly increase the population and demand for housing in the City. Finding Finding 1: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 6 149 VI. The City of Santa Ana prepares annual reports as required by the State that allow both SCAG and SCAQMD the opportuni%y to monitor the region's progress towards meeting the ~obs/housing preferred ratio of 1.22. The City of Santa Ana shall be responsible for monitoring project impacts and implementing a mitigation monitoring program as required to achieve a more balanced jobs/housing ratio, vehicle trips, vehicle miles travelled and other associated air quality impacts as applicable. SIGNIFIC~T ENVIROI~ENT~L EFFECTSWHICH CANNOT BE AVOIDED IF THE PROJECT IS IHPLF~ENTED AIR QUALITY Significant Effect The long-term development of future projects within the Zone would have cumulative air quality impacts due to space heating emissions, vehicular exhaust emissions, etc. Finding Finding Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Finding The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. The Agency shall, in conjunction with the Public Works Agency and Planning and Building Agency, Development Services Department, continue to promote bus service for commuters. In addition, bus turnouts should be provided at all bus stop locations where possible, passenger waiting areas should be improved with a bus shelter and bench where possible, paved, well lighted handicap accessible accessways should be provided between the bus stop and adjacent buildings, and all bus stop areas should have adequate pavement thickness to support buses. The City shall continue to maintain adequate pedestrian and bicycle circulation systems to promote non-motorized transportation. 7 VII. 3. Provide shade trees to reduce building heating and air conditioning requirements. 4. Use energy efficient and automated controls for new air conditioners. 5. Use double glass pane windows, when applicable. 6. Provide preferential parking spaces for carpools and vanpools. 7. Use lighting controls and energy efficient lighting, as applicable. 8. Use energy efficient low sodium parking lot lights, as applicable. Project construction Shall cease on days with a Stage 2 or greater smog alert. 10. Suspend all grading and excavation on those days when wind speeds exceed 25 miles per hour. MITIGATION MEASURES FOR IMPACTS CONSIDERED TO BE LES8 TNAN SIGNIFICANT This section describes mitigation measures for those effects of the proposed project which are considered to be less than significant and that, therefore, are not required under CEQA. However, these measures improve the project and are acceptable under CEQA. Findings are not required for effects determined to be less than significant. The impact categories determined to be less than significant and the mitigation measures incorporated in the project are described below. HYDROLOGY Effect Future development of vacant land could increase storm water runoff quantities to area storm drain facilities. Mitiqation Measures All projects that propose to reduce permeable land available for storm water absorption shall submit a preliminary hydrology study to the Public Works Agency for review and approval prior to the issuance of grading and/or building permits. The study shall indicate the amount of increased runoff that would be generated with project construction; the ability of the existing storm Water collection system serving the project to accommodate the increased runoff; and list any improvements that would be required to the system in order for the system to properly serve the project. Ail development/public projects shall acquire all necessary permits and approvals from RWQCB and incorporate all Best Management Practices as applicable. Ail construction projects involving clearing, grading and excavation of land totalling five acres or more shall file for and obtain all necessary clearances, permits, etc. from the State Water Resources Control Board for National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activity. CULTURAL RESOURCES Effect The remodeling or demolition of buildings in conjunction with attracting new businesses to the Zone could impact existing historical buildings. ~iti~ation Measures A cultural resource survey shall be conducted prior to project approval for sites that are vacant and previously undeveloped. Should a records search indicate the past presence of cultural artifacts on the site, a walk-over of the site shall be conducted prior to grading. If during the site walk-over it is determined the existing resources could be significant, additional measures shall be incorporated into the project to protect the artifacts to the City's satisfaction. Should cultural resources be uncovered during grading or building excavation, all further work shall cease until the significance of the site can be evaluated by an archaeologist. If the artifacts are significant they may have to be preserved in accordance with the CEQA Guidelines, Appendix K, Archaeological Impacts. A historical building survey shall be conducted prior to the issuance of either remodeling or demolition permits for those buildings identified by City Planning staff as being potentially historically significant. The historical survey shall include a review of the Heritage Orange County, Inc. Facade Easement master list and Downtown Santa Ana Historic District list. Should a building be identified as being historically significant, measures shall be recommended to preserve and/or retain a historically significant building. TRAFFIC AND CIRCULATION Effect Increased traffic on area roadways expansion of existing businesses businesses to the Zone. would occur due to the and relocation of new ~itiqation Measures Traffic studies shall be prepared for all applicable projects in the future to comply with the Orange County Congestion Management Program and the city of Santa Ana's practices for completing a Traffic Impact Analysis in compliance with the Congestion Management Program. The traffic studies shall include traffic mitigation measures whenever potential traffic impacts are identified. Feasible trip reduction measures shall be incorporated into all projects. Ail projects subject to the Transportation Demand Management required to file a trip reduction Works Agency. city of Santa Ana Ordinance shall be plan with the Public ENERGY CONSERVATION Effect Project implementation would result in increased consumption of natural gas, electricity and other forms of energy. Mitiqation Measures Ail private development projects shall be reviewed by the Energy Services New Construction Department at Southern California Edison to determine those measures that can be incorporated into a project to reduce electrical demands. The City shall assist an applicant, when feasible, in providing those energy conservation measures in the project that can reduce electrical energy consumption. 10 POLICE PROTECTION Effect The additional development that is anticipated to occur in the Enterprise Zone would increase the demand for police services and police staff. Mitigation Measures Ail projects shall be reviewed by the Police Department prior to project approval. Ail measures recommended by the PoliCe Department in compliance with the City's Security ordinance shall be incorporated into each project as applicable. WASTE WATER SERVICE Effect Future development would increase wastewater flows and the amount of wastewater that would need to be treated at the District's treatment plants. Mitiqation Measures Low-flow toilets, faucets, etc. shall be incorporated into all projects as applicable in compliance with the city of Santa Ana and the Uniform Plumbing Code. SOLID WASTE ~ffect Construction of additional projects would generate additional amounts of solid waste including construction material to area landfills. ~itiqation Measures The city shall encourage the recycling of building materials in compliance with the City's adopted Recycling Element. VIII. ALTERNATIVES TO THE PROPOSED PROJECT CEQA Guidelines Section 15126(b) requires a discussion of reasonable alternatives to the proposed project or to the location of the project. An EIR need not consider an alternative whose implementation is remote or speculative (see Residents Ad Hoc Stadium Committee vs. Board of Trustees (1979) 89 Cal. App. 3d 274). 11 NO PROJECT ALTERNATIVE Findinq Finding 3: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Facts in SUPPort of the Findin~ This project alternative could have the same potential environmental impacts as the proposed Zone program could have because the same business growth and expansions could occur with or without the Zone program. This alternative may have more impacts than the Zone project because the Enterprise Zone program could provide financial incentives that could allow business to upgrade the Zone area and reduce existing blighted and economically depressed conditions. Additionally, this alternative would not accomplish the objective of the Enterprise Zone programs. ALTERNATIVE FINANCING Findinq Finding 3: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Facts in Support of the Findin~ This project alternative would have similar impacts as the proposed Enterprise Zone designation. However, this alternative could be an environmentally inferior project if alternative financing sources are not available to conduct improvements and assist businesses. This alternative would allow business expansion and relocation assistance only as financing sources are located and funds become available. The availability of funds could be dependent upon the source, the marketability of bonds and whether or not local, state or federal agencies have funds available. Other methods of financing include the set up of an infrastructure financing district or tax revenue. REDUCED PROJECT AREA Findin~ Finding Specific economic, social or other considerations make infeasible the mitigation 12 measures or project alternatives identified in the EIR. Facts in Support of the Findin~ This project alternative would reduce the proposed Enterprise Zone area to a smaller geographical area. This project alternative would not be preferred to the proposed project because it would not significantly reduce or eliminate the potential impacts associated with the proposed project. This alternative would reduce accordingly any impacts associated with the proposed project, however, there would be some impacts associated with this alternative. The total project area would have to be significantly reduced to a very small area in order to reduce to insignificant levels any identified impacts. A reduction of the project area to a size that would not have any impacts would have to be so small that it would probably not be viable and the state would probably not designate a Zone Program to the city as a result. i55 13 EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS EXHIBIT B ~,.CALIFORNIA ENVIRONMENTAL QUALITY ACTS 'STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE ENTERPriSE ~ONE PROGI~M The california Environmental Quality Act (CEQA) and the State CEQA Guidelines provide that: CEQA requires the decision maker to balance the benefits of a proposed project against its unavoidable adverse risks in determining whether to approve the project. If the benefits of the proposed project outweigh the unavoidable adverse environmental effects, the adverse impacts may be considered acceptable. Where the decision of the public agency allows the occurrence of significant effects which are identified in the Final EIR but are not mitigated, the agency must state in writing the reasons to support its action based on the Final EIR and/or other information in the record. This statement may be necessary if the agency also makes the finding under Section 15091(a) (2) or (a) (3). If any agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determination. )Section 15093 of the State CEQA Guidelines). PROPOSED PROJECT The City of Santa Ana has received designations from the State of California as an Enterprise Zone. The Zone is composed of 6,044 acres and includes all portions of the following redevelopment areas: South Main, South Harbor, Inter-City, and Downtown. In addition the Zone includes many industrial and commercial areas outside the project areas. The primary purpose of the Zone is to enhance the economic vitality of an area through tax incentives that encourage investment in the area. Companies and employees operating/working in the Zone may utilize tax incentives not available outside an Enterprise Zone. The tax incentives include credits for equipment purchases, training and salaries for employers and reduced taxable income for employees. The project may have significant or certain substantial adverse impacts on the environmental which cannot be fully mitigated. Implementation of the Enterprise Zone could result in air quality impacts that cannot be fully mitigated. These impacts are identified in the Final EIR and in the Findings and Statements of Fact included in the Final EIR. : 157 158 The City of Santa Aha has determined that the unavoidable adverse air quality impacts of the proposed project are acceptable when balanced against the benefits of the project. The following benefits are found to outweigh and make acceptable the unavoidable adverse air quality impacts of the proposed project as described in the Findings and Statements of Facts and the Final EIR. The proposed project will support and enhance the economic climate of the area, thus leading to additional employment opportunities for area residents. In addition, temporary construction employment may be provided as existing facilities are rehabilitated or new buildings are constructed. The Enterprise Zone may result in the development of new facilities in the area which will enhance the property values. Increased property values in redevelopment project areas may generate additional ~evenue that can be utilized to enhance and upgrade local infrastructure that is in states of despair or reaching capacity. Specific economic, social or other considerations make the alternatives to the proposed project, identified in the Final EIR, infeasible. For the identified significant impacts which cannot be mitigated to a level of insignificance, the city of Santa Ana finds that all of the mitigation measures identified in the Final EIR are feasible and have been required on the project by the Conditions of Approval. The City of Santa Ana finds that the project benefits outweigh the significant project impacts on air quality. 159 EXHIBIT C MITIGATION MONITORING AND REPORTING PROGRAM FOR THE ENTERPRISE ZONE PROGRAM 1.0 :2.0 3.0 4.0 APPENDIX A TABLE OF CONTENTS Paqe INTRODUCTION ................................. 1 RESPONSIBILITIES ............................. 2 GENERAL PROCEDURES ........................... 3 MITIGATION MONITORING PROGRAM ACTIVITIES ..... 4 MITIGATION MONITORING VERIFICATION FORM 1.0 INTRODUCTION This Mitigation Monitoring and Reporting Program for the Enterprise Zone Program has been prepared in compliance with California Public Resources Code Section 21081.6. Section 21081.6 states a "public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation." The City of Santa Ana is the Lead Agency for the implementation of the Enterprise Zone Program and, therefore, is responsible for implementing the Mitigation Monitoring and Reporting Program. As the Lead Agency, the city of Santa Aha has prepared an Environmental Impact Report for the Enterprise Zone Program. The Environmental Impact Report addressed the potential environmental impacts associated with implementation of the Program and recommended mitigation measures as required to reduce impacts. Since mitigation measures have been recommended, the City must prepame a program to monitor and report the implementation of the mitigation measures. The Mitigation Monitoring and Report Program described in the following sections states the responsibilities and duties of the various parties in carrying out this monitoring program. A list of the various mitigation measures that were recommended in the Enterprise Zone Program Final Environmental Impact Report is provided stating when each measure must be implemented and the person/agency responsible for verifying that the measure has been implemented. 2.0 RESPONSiBiLiTiES The Mitigation Monitoring and Reporting Program (MMRP) for the Enterprise Zone Program will be in affect throughout the fifteen year life of the Enterprise Zone Program. The Mitigation Monitoring and Reporting Program will be applicable to all phases of the Enterprise Zone Program including the relocation of existing businesses into the Zone, expansion of existing business within the zone or the construction of new buildings in the Zone. The monitoring and enforcement of the Mitigation Monitoring and Report Program will be the responsible of the City of Santa Ana Planning Division Environmental Coordinator. In addition, the City of Santa Aha Community Development Agency Enterprise Zone Program Project Manager will assist and share in the responsibility of implementing and enforcing the Mitigation Monitoring and Reporting Program in association with the Environmental Coordinator. There will be other City of Santa Aha employees responsible for assisting the Environment Coordinator in monitoring the incorporation and implementation of the mitigation measures. City employee staff members, within the various City departments, will assist and advise the Environmental Coordinator regarding those mitigation measures within their area of expertise. The various City departments, in conjunction with the Environmental Coordinator, will be responsible for monitoring the mitigation measures. 3.0 GENEI~L PROCEDURES The Environmental Coordinator will monitor, inspect, verif~ and supervise the incorporation of all mitigation measures listed in this reporting and monitoring program. The Environmental Coordinator will also be responsible for the overall management of the MMRP. Verification forms will be completed and submitted to the Environmental Coordinator in those situations where city staff, other than the Environmental Coordinator, has the appropriate expertise to verify and acknowledge that a specific mitigation measure has been implemented. The completed verification for~s shall be kept with this Mitigation Monitoring and Report Program throughout the life of the Enterprise Zone Program. A sample copy of the Verification Form is included as Appendix A. If the Environmental Coordinator determines that a mitigation measure has not been properly implemented, the Environmental Coordinator shall assure the measure shall be implemented before additional project approvals or permits can be issued. 163 [ [ 164 4.0 MITIGATION MON~TORIN~ PRO~R~ACT~VIT~ES The following table lists the mitigation measures recommended in the Final Environmental Impact Report, identifies the time the mitigation measures must be implemented and the agency or City department responsible for monitoring the mitigation measure. In Table i below the following abbreviations are used: . Environmental Coordinator Public Works Agency Planning Division Building Division EC · PWA PD BD Table i Mitigation Monitoring Program Activities Mitigation Measure Timing of Implementation Responsible Agency/ Organization Earth Resources= All projects that require building excavation and/or significant amounts of grading shall have a geotechnical soils report approved by the Public Works Agency prior to the issuance of grading and/or building permits. Hydrology/Drainage= All projects shall prepare a hydrology study as applicable. Ail projects shall acquire all necessary permits and approvals from RWQCB and incorporate all Best Management Practices as applicable. Prior to the issuance of grading or building permits. Prior to issuance of grading or building permits. Prior to the issuance of grading or building permits. 4 EC PWA EC PWA EC PWA All construction projects, involVing clearing; grading and excavation of land totalling five acres or more shall file for and obtain all necessary clearances, permits, etc. from the State Water Resources Control Board for National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction Activity. Ail construction on properties located within a 100 year floodplain shall be protected from a 100 year storm as required by FEMA and the City of Santa Ana. ~ultur&l Resources= A cultural resource survey shall be conducted prior to project approval for sites that are vacant and previously undeveloped. Should a records search indicate the past presence of cultural artifacts on the site a walk-over of the site shall be conducted prior to grading. If during the site walk-over it is determined the existing resources could be significant, additional measures shall be incorporated into the project to Prior to the issuance of grading or building permits. Prior to signing improvement plans, issuance of grading permit or issuance of building permit, whichever occurs first. Prior to project approval. 5 EC PWA EC PWA EC PD 165 166 protect the artifacts to the City's satisfaction. Should cultural resources be uncovered during grading or building excavation, all further work shall cease until the significance of the site can be evaluated by an archaeologist. If the artifacts are significant they may have to be preserved in accordance with the CEQA Guidelines, Appendix K, Archaeological Impacts. A historical building survey shall be conducted prior to the issuance of either remodeling or demolition permits for those buildings identified by City Planning staff as being potentially historically significant. The historical survey shall include a review of the Historical Orange County, Inc. Fagade Easement Master List and Downtown Santa Ana Historic District list. Should a building be identified as being historically significant, measures shall be recommended to preserve and/or retain a historically significant building. During project grading or building excavation. Prior to issuance of demolition or building permits. 6 EC BD & PD EC PD F F Tr&ff~c and C~rculation: Traffic studies shall be prepared for all applicable projects in the future to comply with the Orange County congestion Management Program and the City of Santa Ana's practices for completing a Traffic Impact Analysis in compliance with the Congestion Management Program. The traffic studies shall include traffic mitigation measures whenever potential traffic impacts are identified. Ail feasible trip reduction measures shall be incorporated into all projects. All projects subject to the City of Santa Ana Transportation Demand Management Ordinance shall be required to file a trip reduction plan with the Public Works Agency. Air Quality: The Agency shall, in conjunction with the City Public Works Department and Planning and Building Agency Development Services Department, continue to provide bus service for commuters. In addition, busiturnouts should be provided at Prior to project approval or issuance of occupancy permits. Prior to project approval or issuance of occupancy permits. Prior to project approval or issuance of occupancy permits. On-going program. 7 EC PWA EC PWA EC PWA EC PWA PD 167 [- [ [ [, [, [ [ ?. [ all bus stop locations where possible, all passenger waiting areas should be improved with a bus shelter and bench, paved, well lighted handicap accessible accessways should be provided between the bus stop and adjacent buildings, and all bus stop areas should have adequate pavement thickness to support buses. The City shall continue to maintain adequate pedestrian and bicycle circulation systems to promote non-motorized transportation. Provide shade trees to reduce building heating and air conditioning requirements. Use energy efficient and automated controls for new air conditioners. Use double glass pane windows, when applicable. Provide preferential parking spaces for carpools and vanpools. Use lighting controls and energy efficient lighting, as applicable. Use energy efficient low sodium parking lot lights, as applicable. Prior to project approval. On-going program. Prior to project approval or building permits. Prior to issuance of building permits. Prior to project approval or issuance of occupancy permits. Prior to project approval or issuance of building permits. Prior to project approval or issuance of building permits. 8 EC PWA PD EC PD EC PD EC PWA EC PWA EC PWA PD EC PWA PD £ £ £ Project construction shall cease on days with a Stage 2 or greater smog alert. 10. Suspend all grading and excavation on those days when wind speeds exceed 25 miles per hour. ll. Ail future development projects within the Enterprise Zone shall be consistent with and in compliance with all applicable SCAQMD rules and regulations in affect at the time. Ail construction projects shall comply with the City's Noise Ordinance as applicable. Ail projects shall be reviewed for potential noise impacts to noise sensitive land uses such as schools, hospitals, rest homes, residential uses, etc. Project construction adjacent to or in the vicinity of noise sensitive land uses shall be restricted to times of the day that construction can occur and the noise level that can be generated from the site. This criteria shall be established by the Planning and Building Agency. 9 During project construction. During project construction. Prior to the issuance of building permit and/or grading permit, whichever occurs first. Prior to project approval or issuance of building permits. Prior to project approval or issuance of building permits. EC PWA EC PWA EC PD PWA EC PWA EC PWA PD 169 170 Ensrg~ Conse~vation: Ail private development projects shall be reviewed by the Energy Services New Construction Department at Southern California Edison to determine those measures that can be incorporated into a project to reduce electrical demands. The City shall assist an applicant, when feasible, in providing those energy conservation measures in the project that can reduce electrical energy consumption. Police Proteotion~ All projects shall be reviewed by the Police Department prior to project approval. All measures recommended by the Police Department in compliance with the City's Security Ordinance shall be incorporated into each project as applicable. Water Services Low-flush toilets, faucets, etc. shall be incorporated into all projects as applicable in compliance with the City of Santa Ana and the Uniform Plumbing Code. Insulation of hot water lines in water Prior to project approval or issuance of building permits. Prior to project approval or issuance of building permits. Prior to project approval, issuance of building permits or occupancy permits. Prior to project approval, issuance of 10 EC PWA EC PWA PD EC PWA EC PWA £ i I recirculating systems shall be required. The use of low maintenance and water consuming landscaping shall be used whenever feasible. Wastsw&ter Servioe: Low-flow toilets, faucets, etc. shall be incorporated into all projects as applicable in compliance with the city of santa Aha and the Uniform Plumbing Code. Solid Wastes The City shall encourage the recycling of building materials in compliance with the City's adopted Recycling Element. Schools: The development of projects that result in new construction shall pay developer fees to the appropriate district as required. Aesthetics~ During project construction, where the proposed project adversely impacts surrounding land uses either visually, aesthetically or impacts the safety of those land uses or occupants, the building permits or occupancy permits. Prior to project approval, issuance of building permits or occupancy permits. Prior to project approval, issuance of building permits or occupancy permits. Prior to project approval, issuance of building permits or occupancy permits. Prior to project approval or issuance of building permits. Prior to the issuance of either a grading permit or building permit, whichever occurs first. 11 EC PWA EC PWA PD EC PWA EC PWA EC PD PWA 171 applicant shall provide appropriate construction fencing. Population and Hous~ng~ The City of Santa Ana prepares annual reports as required by the State that allow both SCAG and SCAQMD the opportunity to monitor the region's progress towards meeting the jobs/housing preferred ratio of 1.22. The City of Santa Ana shall be responsible for monitoring project impacts and implementing a mitigation monitoring program as required to achieve a more balanced jobs/housing ratio, vehicle trips, vehicle miles travelled and other associated air quality impacts as applicable. On-going program. 12 BC £ ! I [ [ APPENDIX A 173 i I I I I I I [ [ I~HTERPRXSB ZONE PROGRM( MITXG~TXON MONITORING PROGP.~M SAMPLE ~OMPLIAN~B VBRIIPT~ATXON FORM (Em'th, Water, Traff~ Location:. Omlte. Offsit~ Pro)ect Phase: Design Constru~ion Description of Activity/Method of Impb~m.,~tat~m: Disposition: Comments/Revisions: IditiJatinn measure for the above-noted project pbace Jmpb'mp-*ed. No fuflher action is required. Mitigation n~asure f~r the above-norad project phace is not fully hnpsm,.,*ted. Further action rtqulred. (Pkase explain helow) TI~ mitigation n~astu~ for the above-noted project p~ is not in ~m~plinn~, Further action r~qui~d. (Pka~ ~tplain b~lo~) Completed by: Title: Date: Approvexl by: Nan.: Titis: Date: