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Home My WebLink About95-024 - Certifyinf a Final Environmental Impact Report627 REL: 5~22R5 RESOLUTION NO. 95-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE AMENDMENT TO THE SANTA ANA SOUTH MAIN STREET REDEVELOPMENT PLAN, MAKING CERTAIN FINDING WITH REGARD TO THE ENVIRONMENTAL EFFECTS OF THAT PROJECT, AND ADOPTING A MITIGATION MONITORING PROGRAM FOR THAT PROJECT. WHEREAS, the Community Redevelopment Commission of the City of Santa Ana, performing functions of the Community Redevelopment Agency of the City of Santa Ana pursuant to Section 33202 of the California Health and Safety Code, has prepared and submitted to the city Council a proposed amendment to the Santa Ana South Main Street Redevelopment Plan (the "Project"); and WHEREAS, an environmental impact report (consisting of a document entitled "Draft Program Environmental Impact Report, Amendment to the South Main Street Redevelopment Plan," dated March, 1993, and a second document entitled "Final Environmental Impact Report, City of Santa Ana, Amendment to the South Main Street Redevelopment Plan," dated March, 1994) (the "E.I.R.) has been prepared for the Project; 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. R .SO .U ON 95-024 Page 2 629 ADOPTED this 20th ATTEST: COUNCILMEMBERS: Pulido Aye Richardson Aye Espinoza Aye Lutz Aye McGuigan Aye Mills Ave Moreno Aye day of June , 1995. //~. guel Al Pulido APPROVED AS TO FORM: City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, IANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~P~-- O.~,~ ¢ to be the original resolution adopted by the City Council of the City of Santa Aha on ~ -~9t9 - ~'. Date: ~ 2 Clerk of the Cou~cil/~'~-'~- City of Santa Ana( / 831 [ [ [ L EXHIBIT A CALIFORNIA ENVIRONMENTAL QUALITY ~CT STATEMENT OF FINDINGS OF FACT FOR THE AMENDMENT TO THE SOUTH MAIN STREET I~EDEVELOPMENT PLAN 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 on 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 rational for each finding." (CEQA Guidelines Section 15091) The EIR for the South Main Street Redevelopment Plan Amendment identified several significant effects which may occur as a result Of the proposed project. In accordance with the Guidelines, the City of Santa Aha hereby adopts the findings in this report as part of the approval of the South Main Street Redevelopment Plan Amendment project. The City of Santa Ana has ~repared an EIR for the proposed South Main Street Redevelopment Plan Amendment 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 Ana City Council. At a public meeting held on ( date ), 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 South Main Street Redevelopment Plan Amendment project. The certification entails approval by the City Council of the EIR and the South Main Street Redevelopment Plan. A Mitigation Monitoring and Reporting Program has been prepared to monitor and report the implementation of the mitigation measures identified for the South Main Street Redevelopment Plan. The Mitigation Monitoring and Reporting Program was developed in compliance with Assembly Bill 3180, which became effective on January 1, 1989. 63Z RESOLUTION 95-024 II. DESCRIPTION OF THE ~PPROVED PROJECT The proposed South Main Street Redevelopment Plan Amendment encompasses approximately 1,485 acres and is located in the central southern section of the City of Santa Aha. The adopted Plan Amendment will allow the Agency to incur loans, advances or indebtedness to finance in whole or in part projects up to 30 years from the date of adoption. The Plan duration is 40 years from the day of adoption. However, new debt cannot be incurred in the last 10 years of the life of the Plan. The loans, advances or indebtedness may be repaid over a period of time beyond the 40 year duration. The debt limit of the Plan cannot exceed a cumulative total of $2.2 billion plus annual adjqstments in accordance with the Consumer Price Index (CPI) and any payments to taxing agencies to alleviate financial burden and funds to be deposited in a Low and Moderate Income Housing Fund. The Plan allows eminent domain proceedings to be used to acquire property within the Project Area to commence up to twelve (12) years following the date of adoption of the ordinance approving and adop- ting the proposed Plan Amendment. Additional public work improvement projects have also been added to the Plan. The projects include projects from the existing Redevelopment Plan that have not been completed as well as new projects. The projects listed in the Plan are projects the Agency may assist the City of Santa Ana with financially in order for the projects to be constructed. The Agency is not required to provide financial assistance towards the construction of these projects because they are listed in the Plan. The Agency may assist the City financially with the construction of these projects shouldthe Agency receive adequate tax revenues and want to assist the City in financing the construction of the projects. The Agency will participate in the construction of projects in order to assist the City in alleviating blighted conditions throughout the Project Area. Most of the projects are public work projects that would be funded either totally or in part by the Agency. The Agency may also assist the private sector with either new construction or rehabilitation of existing structures. All private development conducted within the Project Area would be processed through the City as would any private project in the City, independently of the Agency or the Redevelopment Plan. All future development within the Project Area will occur in compliance with and as guided by the City's General Plan. The City's existing land use map with designated floor area ratios (FAR's) will determine the future density of all development within the Project Area. The adopted Plan Amendment for the South Main Street Redevelopment Project Area will not change any existing City land use or zoning designations within the Project Area. RESOLUTION 95-024 833 Should the City of Santa Ana change or emend the City's existing land use map in the future, development within the South Main Street Redevelopment Area wi~lbe ~onsistent with and in compliance with the City adopted Land Use designations in place at the time of project approval. This adopted R ~evelopment Plan Amendment does not proposed private development ~ -ojects, but may accelerate the development of private projects %~.~ may otherwise not occur until some time in the future. III. ALTERNATIVES TO THE PROPOSED PROJECT TWO alternatives to the proposed project program EIR. These alternatives include Alternative Financing alternative. were evaluated in the the No Project and an No Prote=t Alternative: The No Project alternative would allow the area located within the South Main Street Redevelopment Project Area to continue to redevelop as guided by the existing Redevelopment Plan. Business development and growth in the Project Area would continue into the future determined mostly by the private sector. Alternative Financina: This alternative would require the City of Santa Aha So seek alternative sources of revenue to fund n~eded building and infrastructure improvements, business relocations and ~pansions and other projects. Other sources of ~evenue the C~ty could consider incluge infrastructure finance districts, Redevelopment Agency development bonds, community development block industrlal grant (CDBG) funds, economic development administration (EDA) funds, assessment districts and county, state and federal assistance and funding programs. IV FINDINGS OF FACT . There are three possible findings under CEQA with respect to the significant effects of a project: ~: or alterations have been hanges re.quired in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Findina ~: Such changes or alterations are. within the I 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. RESOLUTION 95-024 Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. 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 Amendment to the South Main Street Redevelopment Plan project, pursuant to Section 15091 of the State CEQA Guidelines. V. EFFECTS DETERMINED TO BE MITIGATABLE TO A LEVEL OF ~NS~GN~F~C~NCE Earth Resouroes sianificant Effect Future development in the area would be subject to seismic activity from local faults. Findina 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 Findinu The significant effect has been substantially lessened to the extent feasible by virtue of the following mitigation measure identified in the Final EIR and incorporated into the project. 1. Ail projects that require excavation and/or grading shall have a geotechnical soils report approved by the city of Santa Aha Planning and Building Agency prior to the issuance of grading or building permits. The City shall require as appropriate those measures identified in the geotechnical report as deemed necessary to allow the safe development of a project be incorporated with project construction. Moise Significant Effect Short-term construction noise could construction and demolition of buildings. noise impacts, future studies associated project would be required. occur during project To determine long-term with each development 4 RESOLUTION 95-024 635 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 noise 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. All construction projects shall comply with the City of Santa Aha Noise Ordinance. e Future development projects in the South Main Project Area shall be reviewed, as applicable, for potential noise impacts to noise sensitive land uses such as schools, hospitals, etc. The City shall encourage alternative transportation modes to reduce traffic noise, when possible. Ail development projects shall be reviewed by the City for potential noise impacts. Appropriate noise studies ss determined by staff shall be prepared for those projects that could have potential noise impacts. Should a noise study identify potential noise impacts, appropriate noise mitigation measures shall be provided in the noise report. Water Service Significant Effect Future development may require water system upgrades adequate water pressure and water service to be additional development. in order for provided to 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 o~ the Find%hq 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. 636 RESOLUTION 95-024 The use of low maintenance and water consuming landscaping shall be used whenever feasible in all projects. The use of all applicable l°w-flow water devices as required by the Plumbing Code shall be used as applicable. The water system will be evaluated through the Development Review Committee process in conjunction with each development project by the City of Santa Ana Public Works Agency and improvements to the existing system will be required accordingly to provide water capacity. Future waterimprovements shall be made in accordance with the City's Water Master Plan. A water analysis shall be prepared for individual projects, as applicable, to determine the potential water service impact. If developments are required those needed improvements shall be constructed in conjunction with project construction· If there are areas where adequate water facilities are not available, the Agency shall provide the needed infrastructure as required by the City of Santa Ana Public Works Agency. Wastew&ter Sianificant Effect Future development within the project 'Area would increase the amount of wastewater that would need to be collected by the City's wastewater collection system which could impact the sewer system. Additional development would also increase the amount of wastewater that would need to be treated at the Sanitation District's treatment plant. 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 Findina The potential wastewater service impacts associated with project implementation have been reduced to insignificant levels by virtue of incorporating the following mitigation measures identified in the Final EIR and incorporated into the project. 1. Through the Development Review Committee process all development projects, as applicable, shall be reviewed for sewer improvements that may be required. RESOLUTION 95-024 [ [ [ [ me Future sewer improvements shall be made in accordanbe with the City's and Orange County Sanitation District's Sewer Master Plans. A sewer analysis shall be prepared for individual projects to determine the impact to existing sewer capacities. Identified necessary sewer upgrades shall be implemented as a part of the project construction. In areas where sewer facilities are not available, the Agency shall provide the necessary infrastructure in accordance with the requirements of the city and Orange County Sanitation District prior to project construction. Schools Sianificant Effect The adoption and implementation of the Plan Amendment could generate additional students to area schools, depending upon the types of projects developed. The impact on Santa Aha District schools and Rancho Santiago Community College District could be significant since most of the Districts' schools are over capacity. Finding Changes or alterations have been' required, 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 h~s 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 future development in the South Main Street Project Area shall pay school impact fees as applicable in conjunction with acquiring building permits. The Agency shall negotiate through the Fiscal Review Process with Santa Aha Unified School District and Rancho Santiago Community College District to find a way the Agency can assist the respective districts in providing the educational facilities needed by any additional students generated within the Project Area by the proposed Plan Amendment. An analysis shall be prepared for individual residential projects to determine the impact to existing district enrollment capacities. Identified necessary mitigation 7 RESOLUTION 95-024 measures shall be implemented as a part of the project construction. Population and Housing Sianificant Effect Future additional development in the Project Area could indirectly increase the City's population and demand for housing in the City. 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 Summort 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. The City of Santa Ana shall be responsible for monitoring development project impacts and implementing a mitigation monitoring program as required to achieve a more balanced jobs/housing ratio. me All future development projects shall be evaluatmd for potential job/housing balance impacts a development may have on the city of Santa Ana and the region. The Community DeveloDment Agency shall use its set-aside tax increment revenue of 20 percent as required by redevelopment law to assist low and moderate income families in securing affordable housing in the city. SIGNIFIC~%NT ENVIRONMENTAL EFFECTS WHICH CANNOT BE ~VOIDED IF THE PROJECT IS IMPLEMENTED Traffic and Circulation Significant Effect The implementation of the Plan could result in additional development that would generate traffic that could further impact intersections that operate at unacceptable levels of service. Additional traffic could also impact intersections that operate at acceptable levels of service. 8 Finding Finding l: Changes or alterations have been required in, or incorporated in=v, the project which avoid or substantially lensen the significant environmental effect identifie, i in the Final EIR. 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. When feasible, all Agency sponsored public Work projects shall be constructed when there is minimal potential for construction traffic impacts on roadways in the immediate vicinity of the project. Traffic studies shall be prepared for all applicable projects in compliance with the City,s Congestion Management Program and Measure "M". e The City shall require all feasible trip reduction measures per the City of Santa Aha Transportation Demand Management (TDM) Ordinance No. NS~2124 be incorporated into development projects. The Agency shall monitor identified needed City traffic and circulation improvements within the Project Area and assist the City when revenues become available in constructing those needed improvements. 5. Traffic and roadway improvements shall follow the roadway standards in the Circulation Element. This includes projects dealing with public transit, scenic roadways, bicycle, equestrian and hiking trails, and pedestrian routes· ~ ~i~ Quality [ [ Sianificant E~fect The long-term development of future projects within the Project Area would have cumulative air quality impacts due to space heating emissions, vehicular exhaust emissions, etc. 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. RESOLUTION 95-024 Facts in SuPport o~ the Find~Dq 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. Bus turnouts should be provided at all bus stop locations throughout the Project Area when possible. 2. All passenger waiting areas should be improved with a bus shelter and bench when possible. Paved, well-lighted handicap accessible accessways shall be provided between the bus stop and adjacent bui%dings when possible. Ail bus stop areas shall have adequate pavement thickness to support buses where possible and when feasible. The City should maintain existing pedestrian and,bicycle systems to promote non-motorized transportation consistent with the City's Circulation Element of the General Plan. Project ~onstruction shall cease on days with a Stage 2 or greater smog alert. ® The City shall encourage the use of shade trees whenever possible to reduce building heating and air conditioning requirements. This measure includes maintaining existing mature trees in the case of upgrading or expanding an existing building or planting mature trees in conjunction with new development. Se Approved chemical soil stabilizers shall be used at all inactive construction sites to reduce airborne dust emissions. e Development projects shall be required to incorporate all applicable Transportation Demand Management (TDM) practices per the City of Santa Ana TDM Ordinance. 10. Once specific development projects are submitted to the City for approval, mitigation measures from the SCAQMD CEQA Handbook shall be incorporated into a project, at the city's discretion, to reduce air emissions. VII. MITIGATION MEASURES FOR IMPACTS CONSIDERED TO BE LE~8 TH~N 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. 10 R SOLUT ON 9S-024 841 Findings are not required for effects determined to be less than significant. The impact categories determined'~0 ~e less than significant and the mitigation measures incorporated in the projects are described below. Effect Future development of public improvement projects within the Project Area could encourage and accelerate private development of property. An increase in development would increase traffic, demand for public services and utilities, additional ho~sing, etc. The adopted Plan does not change any existing land use or zoning designations that presently exist for property within the Project Area. Mitiqation Measures All Agency assisted development projects shall be reviewed by City staff for compatibility with surrounding land uses. The projects shall also be reviewed for compliance with all applicable elements of the General Plan, specific plans, design guidelines and zoning ordinances. Future development of vacant land and other properties could increase storm water r~noff quantities to area storm drain facilities. Mitiuation Measures 1. All prdjects shall have a hydrology applicable and shall provide either new drain facilities if required by the City. shall be submitted the Review Committee through Development process and shall be approved by the Public Works Agency prior to approval of improvement plans and issuance of building permits. Future drainage improvements shall be made in accordance with the City's Drainage Master Plan. study prepared as or upgraded storm The hydrology study All projects, when applicabie, shall acquire all necessary permits and approvals from Regional Water Quality control Board (RWQCB) and incorporate all applicable Best Management Practices into the project to reduce runoff sedimentation. 11 RESOLUTION 95-024 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 Pollution Discharge Elimination System (NPDES) General Permit for storm water discharges associated with construction activity. A drainage analysis shall be prepared for individual projects to determine the impact of additional runoff on external storm drains in the area. Required upgrades to storm drain lines shall be implemented as part of the project construction. In areas where storm drain facilities are not available, the Agency shall provide the necessary infrastructure in accordance with the-requirements of the County and. City prior to project construction. Future drainage improvement projects shall be made in accordance with the City's Master Plan of Drainage. Drainage projects would be coordinated with the County of Orange Department of Public Works and their projects in the area. Cu~tura~ Resources The remodeling or demolition of buildings, in conjunction with new development within the Project Area, could impact existing historical buildings. Mitioation 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 12 RESOLUTION 95-024 shall include a review of the Historical Orange County, Inc. Facade Easement Master ~ist~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. Conservation Project implementation would result in increased consumption of natural gas, electricity and other forms of energy. Mitiaation Measures All development projects shall be reviewed by the Energy Services New Constln/ction Department at Southern California Edison to determine those measures that can be incorporated into a project to reduce electrical demands. Ail future development within the Project Area shall be required to meet State of California Title 24 Energy guidelines. Police Protection The development, rehabilitation and improvements to blighted and vacant buildings that is anticipated to occur in the Project Area would reduce the demand for police services. Police Department in Ordinan6e shall be Mitiaation Measurgs 1. The Police Dep~rtment shall review all development projects prior to project approval. All measures recommended by the compliance with the city's Security incorporated into each project as applicable. Firs Protection Effect Additional development within the Project Area would result in additional fire protection service calls. The increase in fire protection calls could increase the need for additional fire personnel .and/or equipment. The implementation of the Plan resulting in upgrading and improving existing dilapidated and blighted buildings to current fire code requirements which could reduce calls for fire protection would result in positive impacts to the Fire Department. 13 645 644 RESOLUTION 95-024 Mitiaation Measures The Fire Department shall review all development projects prior to the issuance of building permits. All recommendations suggested by the Fire Department that could reduce fire service calls shall be designed and/or incorporated into the project, if feasible. Construction of new projects as well as upgrades and rehabilitation to existing vacant and dilapidated buildings would generate additional amounts of solid waste, including construction material, to area landfills. Mitiaation Measures The City shall encourage recycling of materials for both private and public projects in compliance with the City's adopted Recycling Element, to the extent possible. The City shall work with its trash contractor to provide a material recovery program prior to landfill disposal. The city. shall provide composting programs at public facilities to reduce yard waste from landscaped areas and to use compost materials where possible. Parks The development of additional projects within the Project Area could create additional demands on park and recreational facilities that currently exist. The future demand and the resulting impact on recreational facilities would depend upon the type of development constructed and the ability of the existing recreational facilities in the project vicinity to accommodate the increased demand. Mitioation Measures The Recreation and Community Service Agency shall review development projects that have the potential to impact recreation or community facilities prior to the issuance of building permits. Recommendations suggested by the Recreation and Community Service Agency that could be incorporated into a development project to reduce potential impacts on the City's park and recreational facilities shall be incorporated into a project when feasible. 14 RESOLUTION 95-024 All future major park improvements located in the South Main Street Redevelopment Project Area shall be reviewed through the City's Development Review Committee. Liqht and Glare The additional development that is anticipated to occur within the Project Area would increase the amount of both light and glare in the immediate vicinity of each project. Mitiuation Measures All future projects shall be reviewed by th~ City for potential light and glare impacts prior to proje.ct approval or issuance of building permits. ~esthetics Some of the additional development that is anticipated to occur within the Project Area could have individual aesthetic impacts. Mitiuation Measures All proposed development projects within the Project Area shall undergo site plan and design review by the Planning Division for evaluation of potential aesthetic impacts prior to the issuance of building permits. 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). ~o ~roJec~ ~lternativs Finding Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. 15 RESOLUTION 95-024 Facts in Support of the Findina This project alternative would have the same potential environmental impacts as the proposed Redevelopment Plan Amendment because the same public improvement and private development projects could be constructed with or without the Plan Amendment. This alternative may have more impacts than the proposed Plan Amendment because the Redevelopment Plan Amendment could provide additional financial incentives that could allow existing businesses to upgrade and improve dilapidated buildings, reducing existing blighted and economically depressed conditions. Although the Agency can oonstruct public improvements and assist private development with building upgrades, and development currently with the existing Redevelopment Plan, the needed revenues to accomplish these tasks are not presently availabIe from the Agency. Therefore, the Plan Amendment is needed to provide additional revenues by the Agency to assist theCity in improving the physical and economic climate of the Project Area. This alternative would also preclude the Agency from providing additional assistance towards providing more low and moderate income housing in the city. altern&t~ve Fi~anoing Findina Finding Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Facts in SuPPort of the Findina This project alternative would have similar environmental impacts as the proposed Redevelopment Plan Amendment. If alternative sources of financing are secured so that the same public improvement and private development projects are constructed as could occur with the Plan Amendment, the environmental impacts would be the same. However, this alternative could be an environmentally inferior project if alternative financing sources are not available to construct needed public improvements and assist businesses in upgrading existing dilapidated and deteriorating buildings. 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 revenue bonds and whether or not local, state of federal agencies have funds available for use by the Agency. Other methods of financing include the set up of an infrastructure financing district or tax revenue which may or may not be able to be accomplished and implemented. R SOLUT ON 9 -024 84 7 EXHIBIT B CALIFOItNIA ENVIRONMENTAL QUALITY ACT STATEMENT OF OVERR~D~NG,CONSIDEBATIONS FOR THE AMENDMENT TO THE SOUTH MAIN STREET REDEVELOPMENT PLaN 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) of the Guidelines. 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 Deter~ination. (Section 15093 of the State CEQA Guidelines). PROPOSED PROJECT The Community Development Agency of the City of Santa Ana proposes to adopt an amendment ko the existing South Main Street Redevelopment Plan. The purpose of the proposed amendment is to: a) extend the length of time that the Agency can incur debt to construct public improvement projects; b) increase the debt limit that the Agency can incur throughout the life of the Plan; c) increase the time limit to use eminent domain; d) add additional p~blic works projects to the Plan; and, e) extend the life of the Plan for an additional forty (40) years beyond the date of the adoption-of the Plan. The project have significant or certain substantial ~dverse impacts on ~ environmental which cannot be fully mitlgated. [ Implementation of the adopted South Main Street Redevelopment Plan could result in air quality and traffic 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. 848 RESOLUTION 95-024 The city of Santa Ana has determined that the unavoidable adverse air q~ality and traffic 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 and traffic impacts of the proposed project as described in the Findings and Statements of Facts and the Final EIR. The proposed Redevelopment Plan Amendment will support and enhance the economic climate of the area, thus leading to additional employment opportunities for City residents. In addition, temporary construction employment will be provided as existing facilities are rehabilitated and new buildings are constructed. The implementation of the Redevelopment Plan is anticipated to result in the development of new facilities within the Project Area which will enhance the property values. Increased property values in the Redevelopment Project Area will generate additional revenue to the Agency that can be utilized to enhance and upgrade local infrastructure. Increased revenue can also be used to assist the private sector in providing additional development in the way of upgrading and improving dilapidated and blighted structures which would further increase property values. Specific economic, social or other considerations make the alternatives to the proposed project, identified in the Final EIR, infeasible. In addition, the public improvement projects listed in the redevelopment and the private development that is anticipated to occur in th~ Project Area can be developed without the Redevelopment Plan. Since the Redevelopment Plan does not change the existing land use or zoning designations of the property within the Project Area, the same development can occur with or without the Plan. The revenues generated through the Redevelopment Plan allows the Agency the abikity to assist the City in constructing needed projects that the City may not be able to construct without the Agency's financial assistance. The Public works Agency projects listed in the Redevelopment Plan will, once constructed, improve traffic flow which will also result in a decrease or reduction in vehicular air emissions. Although there will be air quality and traffic impacts, the proposed plan amendment will allow the Agency to assist the City in constructing needed street improvements which will provide several indirect benefits such as improved traffic flow and reduced air emissions. For the identified significant impacts which cannot be mitigated to a level of insignificance, the City of Santa Aha 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 Aha finds that the project benefits outweigh the significant project impacts on air quality and traffic. 2 [ £ £ EXHIBIT C MITIGATION MONITORING AND REPORTING PRIAM FOR THE AMENDMENT TO THE SOUTH MAIN STREET REDEVELOPMENT PLAN 6~0 RESOLUTIO~ 95-024 [ [, [ [ Sect~.on ~.0 2.0 3.0 4.0 APPENDIX A TABLE OF CONTENTS INTRODUCTION ................................. 1 RESPONSIBILITIES ............................. 2 GENERAL PROCEDUI~ES ........................... 3 MITIGATION MONITORING PROGRAM ACTIVITIES ..... 4 MITIGATION MONITORING VERIFICATION FORM RESOLUTZO 9S-024 651 1.0 INTRODUCTION This Mitigation Monitoring and Reporting Program for the Amendment to the South Main Street Redevelopment Plan has been prepared in accordance with the adopted environmental rules for the City of Santa Aha and in compliance with California Public Resources Code Section 21081.6. Section 21081.6 which 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 Aha Community Development Agency is the Lead Agency for the implementation of the Amendment to the. South Main Street Redevelopment Plan 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 Amendment to the South Main Street Redevelopment Plan. The Environmental Impact Report addressed the potential environmental impacts associated with implementation of the Plan and recommended mitigation measures as required to reduce impacts. Since mitigation measures have been recommended, the City must prepare a program to monitor and report the implementation of the mitigation measures. The Mitigation Monitoring and Reporting 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 Amendment to the South Main Street Redevelopment Plan Final Environmental Impact Report is provided stating when each measure must be implemented and th% person/agency responsible for verifying that the measure has been implemented. RESOLUTION 95-024 Z.O RESPONSIBILITXES The Mitigation Monitoring and Reporting Program (MKRP) for the A~endment to the South Main Street Redevelopment Plan will be in affect throughout the forty (40) year life of the Plan. The Mitigation Monitoring and Reporting Program wili be applicable to all phases of the Plan. The monitoring and enforcement of the Mitigation Monitoring and Report Program will be the responsibility of the City of Santa Aha Planning Division Environmental Coordinator. In addition, the City of Santa Aha Community Development Agency South Main Street 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 Ana employees responsible for assisting the Environmental 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. ESOL ON 95-024 3.0 GENEI~J~L PROCEDURES The Environmental Coordinator will monitor, inspect, verify 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 forms shall be kept with this Mitigation Monitoring and Reporting Program throughout the life of the Amendment to the South Main Street Redevelopment Plan. 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 mitigation measure shall be implemented before additional project approvals or permits can be issued. 654 RESOLUTION 95-024 [ [ [ £ 4.0 MITIQATION MONITORING PROQRAMACTIVITI~S 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: community Development Agency Environmental Coordinator Public Works Agency . Planning Division . Building Division . Police Department . Fire Department ..... Recreation and Community Services Agency ·CDA EC · PWA PD BD SAPD SAFD RCSA Table Mitigation Monitoring Program Activities Mitigation Timing of Responsible Measure Implementation Agency/ organization Land Use: 1. All Agency assisted development projects shall be reviewed by city staff for compatibility with surrounding land uses. The projects shall also be ' reviewed for compliance with all applicable elements of the General Plan, specific plans, design guidelines and zoning ordinances. Earth Resources: 1. All projects that require excavation and/or grading shall have a geotechnical soils report approved by the City of Santa Ama Planning and Building Agency prior to the issuance of grading or Prior to project approval of future development projects. Prior to the issuance of grading or building permits. EC PD CPA EC PWA BD 4 RESOLUTION 95-024 6§§ building permits. The City shall require as appropriate those measures identified in the geotechnical report as deemed necessary to allow the safe development of a project be incorporated with project construction. R~roloc~'/Dr&inage: 1. Ail projects shall have a hydrology study prepared as applicable and shall provide either new or upgraded storm drain facilities if required by the City. The hydrology study shall be submitted through the Development Review Committee process and shall be approved by the P~blic Works Agency prior to approval of improvement plans and issuance of building permits. Future drainage improvements shall be made in accordance with the City's Drainage Master Plan. 2. Ail projects, when applicable, shall acquire all necessary permits and approvals from Regional Water Quality Control Board (RWQCB) and incorporate all applicable Best Management Practices into the project to reduce runoff sedimentation. 3. 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. Prior to the issuance of grading or building permits. Prior to the issuance of grading or building permits. Prior to the issuance of grading or building permits. 5 EC PWA BD EC PWA BD EC PWA BD from the State Water Resources Control Board for National Pollution Discharge Elimination System (NPDES) General Permit for storm water discharges associated with construction activity. [ 4. A drainage analysis shall be prepared for individual projects to determine the impact of additional runoff on external storm drains in the area. Required upgrades to storm drain lines shall be implemented as part of the project construction. Prior to the issuance of grading permits. 5. In areas where storm drain facilities are not available, the Agency shall provide the necessary infrastructure in accordance with the requirements of the County and City prior to project construction. Prior to the issuance of grading or building permits. 6. Future drainage improvement projects shall be made in accordance wit~ the City's Master Plan of Drainage. Drainage projects would be coordinated with the County of Orange Department of Public Works and their projects in the area. Prior to the issuance. of grading or building permits. ~ltural Resouroas= 1. A cultural resource Prior to project survey shall be conducted 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 6 EC PWA BD EC PWA EC PWA EC PD 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. 2. 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. 3. A historical building survey shall be conducted for those buildings identified by City Planning staff as being potentially historically significant. The historical survey shalI 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 the issuance of demolition or building permits. EC BD EC BD PD RESOLUTION 95-024 [ L [ [ [ [ Traffic and ~irculation: 1. When feasible, all Agency sponsored public work projects shall be constructed when there is minimal potential for construction traffic impacts on roadways in the immediate vicinity of the project. 2. Traffic studies shall be prepared for all applicable projects in compliance with the City's Congestion Management Program and Measure "M". 3. The City shall require all feasible trip reduction measures per the City of Santa Ana Transportation Demand Management (TDM) Ordinance No. NS-2124 be incorporated into development projects. 4. The Agency shall monitor identified needed City traffic and circulation improvements within the Project Area and assist the City when revenues become available in constructing thos~ needed improvements. 5.. Traffic and roadway improvements shall follow the roadway standards in the Circulation Element. This includes projects dealing with public transit, scenic roadways, bicycle, equestrian and hiking trails, and pedestrian routes. After street improvement plan checks. Prior to project approval or the issuance of building permits. Prior to the issuance of building permits. On-going program. On-going program. EC PWA EC PWA PD EC PWA EC PWA EC PWA 859 Air 9uality~ 1. Bus turnouts should be provided at all bus stop locations throughout the Project Area when possible. 2. Ail passenger waiting areas should be improved with a bus shelter and bench when possible. 3. Paved, well-lighted handicap accessible accessways shall be provided between the bus stop and adjacent buildings when possible. 4. All bus stop areas shall have adequate pavement thickness to support buses where possible and when feasible. 5. The city should maintain existing pedestrian and bicycle systems to promote non- motorized transportation consistent with the City's Circulation Element of the General Plan. 6. Project construction shall cease on days with a Stage 2 or greater smog alert. 7. The City shall encourage the use of shade trees whenever possible to reduce building heating and air conditioning requirements. This measure includes maintaining existing mature trees in the case of upgrading or expanding an existing building or planting mature trees in conjunction with new development. After street improvement plan checks. Prior to the issuance of grading or building permits. Prior to the issuance of grading or building permits. After street improvement plan check. On-going program. On-going program. During site plan review of individual projects. 9 EC PWA EC PWA PD EC PWA EC PWA EC PWA PD EC BD EC PD 660 [ [, [ [ [ [. RESOLUTION 95-024 8. Approved chemical soil stabilizers shall be used at all inactive construction sites to reduce airborne dust emissions. 9. Development projects shall be required to incorporate all applicable Transportation Demand Management (TDM) practices per the City of Santa Aha TDM Ordinance. 10. Once specific development projects are submitted to the City for approval, mitigation measures from the SCAQMD CEQA Handbook shall be incorporated into a project, at the city's discretion, to reduce air emissions. ~oise: 1. All construction projects shall comply with the City of Santa Ana Noise Ordinance as applicable. 2. Future development projects in the South Mai~ Street Project Area shall be reviewed, as applicable, for potentis~ noise impacts to noise sensitive land uses such as schools, hospitals, etc. 3. The City shall encourage alternative transportation modes to reduce traffic noise, when possible. 4. All development projects shall be reviewed by the City for potential noise impacts. Appropriate In conjunction with grading plan check and verified by field inspection. Prior to issuance of occupancy permit and on-going during the life of the project. The mitigation measures will be incorporated as conditions of approval for each project and incorporated in the mitigation monitoring program for each project. Prior to the issuance of grading or building permits. Prior to the issuance of grading or building permits. Prior to approval issuance building project or the of grading or permits. Prior to approval issuance building project or the of grading or permits. 10 EC BD EC PD EC PD BD EC PD BD EC PWA PD EC PD EC PWA 651 noise studies as determined by staff shall be prepared for those projects that could have potential noise impacts. Should a noise study identify potential noise impacts, appropriate noise mitigation measures shall be provided in the noise report. 1. All development projects shell 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. 2. All future'development within the Project Area shall be required to meet State of California Title 24 Energy guidelines. Police Proteotion: 1. The Police Department shall review all development projects. All measures recommended by the Police Department in compliance with the City's Security Ordinance shall be incorporated into each project as applicable. Fire Protection: 1. The Fire Department shall review all development projects. Ail recommendations suggested by the Fire Department that could reduce fire service calls shall be designed and/or incorporated into the project, if feasible. Prior to the issuance of grading or building. permits. Prior to the issuance of grading or building permits. Prior to project approval or the issuance of grading or building permits. Prior to project approval or the issuance of grading or building permits. 11 EC BD EC BD EC SAPD PD EC PD SAFD water Service: 1. The use of low maintenance and water consuming landscaping shall be used whenever feasible in all projects. 2. The use of all applicable low-flow water devices as required by the Pl~abing Code shall be used as applicable. 3. The water system will be evaluated through the Development Review Committee process in conjunction with each development project by the City of Santa Aha Public Works Agency and improvements to the existing system will be required accordingly to provide water capacity. 4. Future water improvements shall be made in accordance with the City's Water Master Plan. ~ A water analysis shall prepared for individual. projects, as applicable, to determine the potential water service impact. If developments'are required those needed improvements shall be constructed in conjunction with project construction. 6. If there are areas where adequate water facilities are not available, the Agency shall provide the needed infrastructure as required by the City of Santa Ana Public Works Agency. Prior to the issuance of grading or building permits. Prior to the issuance of building permits. Prior to project approval or the issuance of grading or building permits. Prior to the issuance of building permits. Prior to the issuance of grading or building permits. Prior to the issuance of grading or building permits. 12 EC PWA PD EC EC PWA PD EC PWA EC PWA EC PWA 883 Wastewa~er service: 1. Through the Development Review Committee process all development projects, as applicable, shall be reviewed for sewer improvements that may be required. 2. Future sewer improvemente shall be made in accordance with the City's and Orange County Sanitation District's Sewer Master Plans. 3. A sewer analysis shall be prepared for individual projects to determine the impact to existing sewer capacities. Identified necessary sewer upgrades shall be implemented as a part of the project construction. 4. In areas where sewer facilities are not available, the Agency shall provide the necessary infrastructure in accordance with the requirements of the city and Orange County Sanitation District prior to project construction. Bolid Waste: 1. The City shall encourage recycling of materials for both private and public projects in compliance with the City's adopted Recycling Element, to the extent possible. 2. The City shall work with its trash contractor to provide a material Prior to project approval or the issuance of grading or building permits. Prior to the issuance of grading or building permits. Prior to the issuance of grading or building permits. Prior to the issuance of grading or building permits. Prior to project approval or the issuance of grading or building permits. On-going program. EC PWA PD EC PWA EC PWA EC . PWA EC PWA PD EC PWA RESOLUTION 95-024 recovery program prior to landfill disposal. 3. The city shall provide composting programs at public facilities to reduce yard waste from landscaped areas and to use compost materials where possible. Bohoo~s: 1. Ail future development in the South Main Street Project Area shall pay school impact fees as applicable in conjunction with acquiring building permits. 2. The Agency shall negotiate through the Fiscal Review Process with Santa Aha Unified School District and Rancho Santiago Community College District to find a way the Agency can assist the respective districts in providing these educational facilities needed by any additional students generated within the Project Area by the proposed Plan Amendmenp. 3. An analysis shall be prepared by the project developer and verified by the City with the respective school district for individual residential projects to determine the impact to existing district enrollment capacities. Identified necessary mitigation measures shall be implemented as a part of the project construction· On-going program. Prior to the issuance of building permits. Prior to the issuance of building permits. Prior to the issuance of grading or building permits. 14 EC PWA EC BD EC CDA EC RESOLUTION 95-024 665 Parks: 1. The Recreation and Community Service Agency shall review development projects that have the potential to impact recreation or community facilities prior to the issuance of building permits. Recommendations suggested by the Recreation and Community Service Agency that could be incorporated into a development project to reduce potential impacts on the City's park and recreational facilities shall be incorporated into a project when feasible. 2. Ail future major park improvements located in the South Main Street Redevelopment Project Area shall be reviewed through the City's Development Review Committee. Light and Glare~ 1. All future projects shall be reviewed by the City for potential light and glare impacts. Aesthetics~ 1. Ail proposed development projects within the Project Area shall undergo site plan and design review by the Planning Division for evaluation of potential aesthetic impacts. Prior to the issuance of grading or building permits. Prior to the issuance of grading or building permits. Prior to project approval or the issuance of grading or building permits. During site plan review. EC RCSA EC RCSA EC PD EC RESOLUTION 95-024 [ [ [ [ [ Population and Housing: 1. The City of Santa Aha shall be responsible for monitoring development project impacts and implementing a mitigation monitoring program as required to achieve a more balanced jobs/housing ratio. 2. All future development projects shall be evaluated for potential Job/housing balance impacts a development may have on the City of Santa Aha and the region. 3. The Community Development Agency shall use its set-aside tax increment revenue of 20 percent as required by redevelopment law to assist low and moderate income families in securing affordable housing in the City. Prior to project approval. Prior to project approval., On-going program. 16 EC PD EC PD EC CDA PD 667 E E [. [ APPENDIX A 668 SOOTH M~IN STREET REDEVELOPMENT PLAN MITIGATION MONITORING PROGRAM S~PLE COMPLI~.NCE VERIFIC/~TION FORE Mitigation Measure: #__ · (Earth, Water, Traffic, etc.) Location: Oneite Off site Administrative Project Phase: Design Operation Description of Activity/Method of Implementation: Disposition: Comments/Revisions: , Mitigation measure for the above-noted project phase implemented. No further action is required. Mitigation measure for the above-noted project phase is not fully implemented. Further action required. (Please explain below) The mitigatio~ measure for the above-noted project phase is not in compliance. Further action required. (Please explain below) Completed by: Name: Title: Date: Approved by: Name: Title: , Date: