HomeMy WebLinkAbout96-042 - Certifying a Final Environmental Impact Report for Certain Amendments009
REL: 4/3/96
RESOLUTION NO. 96-042
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA CERTIFYING A FINAL
ENVIRONMENTAL IMPACT REPORT FOR CERTAIN
AMENDMENTS OF THE INTERCITY COMMUTER
STATION, SANTA ANA (CENTRAL CITY), AND
NORTH HARBOR REDEVELOPMENT PLANS, MAKING
CERTAIN FINDING WITH REGARD TO THE
ENVIRONMENTAL EFFECTS OF THOSE
AMENDMENTS, AND ADOPTING A MITIGATION
MONITORING PROGRAM
WHEREAS, an environmental impact report (consisting of a draft
environmental impact report (EIR No. 95-2) dated November, 1995,
and a final environmental impact report (EIR No. 95-2) dated
February, 1996) (the "E.I.R.") has been prepared for a project
consisting of amendments to the InterCity Commuter Station, Santa
Ana (Central city) and North Harbor Redevelopment Plans to extend
the time periods for the commencement of eminent domain proceedings
(the "Amendments"); and
WHEREAS, the California Environmental Quality Act and the
State CEQA Guidelines require that, prior to any approval of the
Amendments, 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
Amendment.
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.
1
RESOLUTION 96-042
ADOPTED this 16th
ATTEST:
c~n~ce C. Guy / ~
erk of the Counc~Y
COUNCILMEMBERS:
Pulido Aye
Richardson Aye
Espinoza Abs~Dt
Lutz ~
McGuigan Aye
Mills Aye
Moreno Non-Vote
day of April , 1996.
APPROVED AS TO FORM:
City Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
City of Santa Aha on
Date: 9z//-2 / .q~
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution
q~ - O tT/~., to be the original resolution adopted by the City Council of the
// ~lit~ko~fstahn%~cil ('"~/
013
EXHIBIT A
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
STATEMENT OF FINDINGS OF FACT FOR THE REDEVELOPMENT
PLAN AMENDMENT TO THE INTER-CITY COMMUTER STATION,
SANTA ANA (CENTRAL STATION) AND NORTH HARBOR
REDEVELOPMENT PLANS
I. 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 (Eltl.) has been completed and which identifies one or more
significant envffonmental effects on the project unless the public agency makes one
or more written findings for each of those significafit effects accompanied by a
brief explanation of the rational for each finding." (CEQA Guidelines Section
15091)
The EIR for the Redevelop_ment Plan Amendment to the Inter-City Commuter Station, Santa Ana
(Central Station) and North Harbor Redevelopment Plans identified several significant cumulative
effects which may occur as a result of the adoption and implementation of the proposed project in
conjunction with the development of other proposed and approved projects in the City. In
accordance with the Guidelines, the City of Santa Ana hereby adopts the findings in this report as
part of the approval of the Redevelopment Plan Amendment to the Inter-City Commuter Station,
Santa Aha (Central City) and North Harbor Redevelopment Plans.
The City of Santa Ana has prepared an EIR for the proposed Redevelopment Plan Amendment to
the Inter-City Commuter Station, Santa Ana (Central City) and North Harbor Redevelopment
Plans 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 (___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
Redevelopment Plan Amendment to the Inter-City Commuter Station, Santa Ana (Central City)
and North Harbor Redevelopment Plans project. The certification entails approval by the City
Council of the EIR and the Redevelopment Plan Amendment to the Inter-City Commuter Station,
Santa Aha (Central City) and North Harbor Redevelopment Plans project.
A Mitigation Monitoring and Reporting Program has been prepared to monitor and report the
implementation of the mitigation measures identified for the Redevelopment Plan Amendment to
the Inter-City Commuter Station, Santa Ana (Central City) and North Harbor Redevelopment
014
Plans project. The Mitigation Monitoring and Reporting Program was developed in compliance
with Assembly Bill 3180, which became effective on January 1, 1989 and is attached as Exhibit C.
II. DESCRIPTION OF THE APPROVED PROJECT
The proposed Redevelopment Plan Amendment includes amending the North Harbor, Santa Ana
(Central City) and Inter-City Commuter Station Redevelopment Plans to include the authority to
use eminent domain in the three Project Areas. Amending the Redevelopment Plans to include
the authority to use eminent domain allows the Agency the authority to acquire real property
within the Project Areas. Should the proposed amendment be adopted the Agency will have the
authority to use eminent domain for 12 years from the date &adoption &the Plan Amendment to
acquire real property within the three Project Areas. The use of eminent domain can be used to
acquire all types of property.
All future development within each of the Redevelopment Project Areas must occur in compliance
with the City's General Plan at the time of project approval. The City's existing General Plan
Land Use Map with designated land uses, including floor area ratios (FAR's), and designated
zoning will determine the future density of all development within the Project Areas. Existing
City land use and zoning designations of property located within the Project Areas will not be
changed as a direct result of implementation of this project.
Should the City of Santa Ana change or amend the City's existing General Plan Land Use map in
the future, development within the three Redevelopment Areas must be consistent with and in
compliance with the City adopted Land Use designations in place at the time of project approval.
I~L ALTERNATIVES TO THE PROPOSED PROJECT
Two alternatives to the proposed project were evaluated in the Program EIR. These alternatives
include the No Project and a Reduced Time Period for the Use of Eminent Domain to Less Than
12 Years.
The "No Project" alternative will allow the existing redevelopment plans for each of the three
Project Area's to continue as they currently exist and each Plan will not be amended at this time
with authorization to use eminent domain for an additional 12 years. Business, development and
growth in the Project Area's will continue into the future without authority by the Agency to
acquire property with eminent domain.
Reduced Time Period for the ! lse of Eminent Domain to Less than Twelve Year~
This alternative will limit the use of eminent domain to less than twelve years from the date of
adoption of the project. Although this project alternative does not identify a specific reduced
number of years for the use of eminent domain, the number of years could range from one to
eleven years.
2
015
IV. FINDINGS OF FACT
There are three possible findings under CEQA with respect to the significant effects of a project:
Changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid the significant effects on the environment.
Such changes or alterations arc within the responsibility and 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.
Specific economic, social, or other considerations make infeasible the mitigation
measures or alternatives identified in the environmental impact report.
Aier reviewing the Final EIR and the public record on the project, the City of Santa Ana hereby
makes findings in Sections V., VI. and VII. below, regarding the significant cumulative effects of
the Amendment to the Redevelopment Plan Amendment to the Inter-City Commuter Station,
Santa Ana (Central City) and North Harbor Redevelopment Plans pursuant to Section 15091 of
the State CEQA Guidelines.
V. EFFECTS DETERMINED TO BE MTrIGATEABLE TO A LEVEL OF
INSIGNIFICANCE
The following environmental issues identified in the Program EIR required mitigation
measures to reduce impacts to insignificant levels.
Earth Resources
Future development of property acquired through the use of eminent domain could be subject to
earth resource impacts such as subsidence and liquefaction.
Finding 1:
Changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid the significant effects on the environment.
Facts in Support of the Findin~
The potential 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. All future projects that require grading and excavation for the construction of building
foundations, parking structures, storm drains, sewer lines, etc. will be required by the City of
Santa Ana to have a preliminary geotechnical investigation prepared prior to the approval of
grading plans. The geotechnical reports will identify the potential geotechnical constraints
associated with the construction of each specific project. Should a geotecimical report identify an
existing situation that could have a potential earth resources impact to either the building, tenants
or adjacent properties, appropriate measures approved by the City will be incorporated into the
project to mitigate the potential impact.
2. All future Agency sponsored development located within areas subject to differential
subsidence and/or high/moderate liquefaction potential shall be investigated for potential impacts
by a qualified geotechnical engineer prior to project approval. Should the potential for subsidence
and/or liquefaction potential be identified, measures acceptable to the City Engineer shall be
incorporated into the project to reduce or eliminate the potential project impact.
Hydrology/Drainage
Development of land acquired with eminent domain could generate additional storm water runoff
which could impact local drainage facilities.
Finding 1:
Changes or alterations have been required in, ~?r incorporated into, the project
which mitigate or avoid the significant effects on the environment.
Facts in Support of the Finding
The potential 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. During the review of future projects within this location, if it is determined by City staff
that runoff from a project could impact storm drain facilities, appropriate measures such as
improvements and/or upsizing will be required to reduce or eliminate the potential impacts on
storm drain facilities.
2. All future projects will be reviewed by Public Works for compliance with NPDES
requirements and require all applicable pollution control measures be incorporated into a project
to reduce or eliminate urban pollutants from entering local surface waters.
4
017
Cultural Resources
Development of land acquired with eminent domain could result in cultural resource impacts if
cultural resources are present on the site.
Finding 1:
Changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid the significant effects on the environment.
Facts in Support of the Finding
The potential 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. If City staff: determines during their review of the project that an existing building is
historically important, further study and review will be required to determine whether or not 'the
building will be impacted by the project. The further study will, in all likelihood, consist of a
preliminary historical survey conducted by a recognized person with historical building experience
with accompanying conclusions and recommendations.
Air Quality
Development of land acquired with eminent domain could indirectly encourage or allow new
development, Additional development could increase both short and long-term air emissions.
Finding 1:
Changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid the significant effects on the environment.
Facts in Support of the Finding
The potential 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. If it is determined that a future project may create significant construction emissions, short-
term air emission calculations will be required as part of the CEQA review of the project.
2. The potential impact on air emissions and air quality due to additional development and traffic
in the Project Areas will be evaluated at the time specific development plans are submitted to the
City for approval.
Noise
Future development of properly acquired through the use of eminent domain could have potential
short and long-term noise impacts.
Finding 1:
Changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid the significant effects on the environment.
Facts in Support of the Finding
The potential 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.
1. The Planning and Building Agency will conduct an environmental evaluation for each project
at the time of submittal to the City for review and approval when required by CEQA. If it is
determined by the City that a project has the potential to have significant noise impacts, a noise
study may be required. If the noise study indicates that a project could have significant noise
impacts, feasible mitigation measures will be recommended and incorporated into the project to
reduce noise levels to acceptable levels in compliance with the City's noise ordinance.
Energy Conservation
New development would result in increased consumption of natural gas, electricity and other
forms of energy such as gasoline and diesel fuel depending upon the project impacting existing
energy supplies and facilities.
Finding 1:
Changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid the significant effects on the environment.
Facts in Support of the Finding
The potential 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.
6
019
1. All future development within the Project Areas will be required to meet the minimum
requirements of the State Building Energy Efficiency Standards (Title 24). A project must meet
Title 24 energy requirements before building permits are issued.
Schools
The acquisition of property for development could indirectly generate students to area schools if
residential, commercial or industrial uses are developed on the property. The number of students
generated and the imPact on the respective schools receiving the students will depend upon the
type and density of the development.
Finding 1:
Changes or alterations have been required in, or incorporated into, the project
which mitigate or avoid the significant effects on the environment.
Facts in Support of the Finding
The potential 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.
Prior to the issuance of a building permit for individual residential projects, an analysis
shall be prepared and submitted to the affected school district to determine the impact to
existing district enrollment capacities. Payment of necessary developer fees shall be
implemented as a part of the project construction.
SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED
I]F THE PROJECT IS IMPLEMENTED
Traffic and Circulation
The cumulative impact of development of proposed and entitled projects in the City of Santa Ana
will have significant unavoidable adverse traffic impacts due to additional generation of traffc
trips.
Specific economic, social or other considerations make infeasible the mitigation
measures or alternatives identified in the environmental impact report.
7
Facts in Support of Finding
Measures to improve traffic and circulation impacts have been incorporated into those cumulative
projects that have been approved for development. Other cumulative projects under review by
the City may also have measures incorporated into the project, if approved, to reduce traffic
impacts. However, it is infeasible to incorporate measures into the cumulative projects to fully
mitigate all potential traffic impacts. Even at, er implementation of mitigation measures associated
with each cumulative project, the cumulative traffic impacts associated with the Plan Amendment
can not be mitigated to a level of insignificance.
Solid Waste
The cumulative impact of development of proposed and entitled projects in the City of Santa Ana
will have significant unavoidable adverse solid waste impact on area land fills due to the
generation of additional quantities of solid waste that may impact the ability of the City of Santa
Ana and the County of Orange to meet the recycling requirements of AB 939.
Specific economic, social or other considerations make infeasible the mitigation
measures or alternatives identified in the environmental impact report.
Facts in Support of Finding
Measures have been incorporated into those approved cumulative projects to reduce solid waste
generation. Other cumulative projects under review by the City may also have measures
incorporated, if approved, to reduce solid waste impacts. However, it is infeasible to incorporate
measures into the cumulative projects to fully mitigate all potential solid waste impacts. Even
after implementation of mitigation measures associated with each cumulative project, the
cumulative solid waste impacts associated with the Plan Amendment can not be mitigated to a
level of insignificance.
Air Quality
The cumulative impact of development of proposed and entitled projects in the City of Santa Ana
will have significant unavoidable adverse ak quality impacts on the local air quality as well of the
region. The generation of air emissions, such as carbon monoxide and nitrogen oxide, from the
development of the cumulative projects will contribute to the degradation of cumulative local and
regional air quality in conjunction with other development pursuant to the Santa Aha General
Plan.
8
Specific economic, social or other considerations make infeasible the mitigation
measures or alternatives identified in the environmental impact report.
Facts in Support of Findin_e
Measures have been incorporated into those approved cumulative projects to reduce air emissions
and air quality impacts. Other cumulative projects under review by the City may also have
measures incorporated, if approved, to reduce ak emissions and improve air quality. Even with
the incorporation of mitigation measures into the cumulative projects, the contribution by
cumulative projects and the Plan Amendment to long term regional ak quality emissions cannot be
mitigated to a level of insignificance.
Noise
The cumulative impact of development of proposed and entitled projects in the City of Santa Ana
will have potential significant unavoidable adverse noise impacts along major City roadways that
exceed the City's adopted noise standard of 65 dBA.
Specific economic, social or other considerations make infeasible the mitigation
measures or alternatives identified in the environmental impact report.
Facts in Support of Finding
Measures have been incorporated into those approved cumulative projects to reduce noise
impacts. Other cumulative projects under review by the City may also have measures
incorporated, if approved, to reduce noise impacts. Even with
the incorporation of mitigation measures into the cumulative projects, the contribution by
cumulative projects and the Plan Amendment to noise impacts cannot be
mitigated to a level of insignificance.
Schools
The cumulative impact of development of proposed and entitled projects in the City of Santa Aha
will have significant unavoidable adverse school capacity impacts on schools that
serve the City of Santa Ana that are either at or over capacity. The generation of additional
students, both directly and indirectly, is anticipated to significantly impact the classroom capacities
of the schools serving the City.
022
Specific economic, social or other considerations make infeasible the mitigation
measures or alternatives identified in the environmental impact report.
Facts in Support of Finding
Measures have been incorporated into those approved cumulative projects to reduce school
impacts. Other cumulative projects under review by the City may also have measures
incorporated, if approved, to reduce school impacts. Even with the incorporation of mitigation
measures into the cumulative projects, the contribution of additional students by cumulative
projects and the Plan Amendment to area schools cannot be mitigated to a level of insignificance.
VIL MITIGATION MEASURES FOR IMPACTS CONSIDERED TO BE LESS THAN
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 f6r effects determined to be less than significant.
The impact categories determined to be less than significant and the mitigation measures
incorporated in the projects are described below.
Earth Resources
The future development of projects in the Project Area through the use of eminent domain could
be subject to liquefaction and subsidence impacts, depending upon their location in relation to
known liquefaction and subsidence areas in the City.
All future projects that require grading and excavation for the construction of building
foundations, parking structures, storm drains, sewer lines, etc. will be required by the City
of Santa Ana to have a preliminary geotechnical investigation prepared prior to the
approval of grading plans. The geotechnical reports will identify the potential
geotechnical constraints associated with the construction of each specific project. Should
a geotechnical report identify an existing situation that could have a potential earth
resources impact to either the building, tenants or adjacent properties, appropriate
measures approved by the City will be incorporated into the project to mitigate the
potential impact.
21_o
O23
All future Agency sponsored development located within areas subject to differential
subsidence and/or high/moderate liquefaction potential shall be investigated for potential
impacts by a qualified geotechnicai engineer prior to project approval. Should the
potential for subsidence and/or liquefaction potential be identified, measures acceptable to
the City Engineer shall be incorporated into the project to reduce or eliminate the potential
project impact.
Hydrology
Future development of vacant land and other properties could increase storm water runoff
quantities to area storm drain facilities which could impact those facilities. Properties located in
the North Harbor Redevelopment Project Area are subject to a 100-year storm. All development
in the North Harbor Project Area will have to be protected from a 100-year storm.
During the review of future projects within this location, if it is determined by City staff
· that runoff from a project could impact storm drain facilities, appropriate measures such as
improvements and/or upsizing will be required to reduce or eliminate the potential impacts
on storm drain facilities.
All future projects will be reviewed by the Public Works Agency for compliance with
NPDES requirements and if necessary, require all applicable pollution control measures be
incorporated into a project to reduce or eliminate urban pollutants from entering local
surface waters.
Cultural Resources
Development of property could result in an impact if cultural resources are present on the site. In
addition, the remodeling or demolition of historical buildings in conjunction with development
within the Project Areas could impact existing historical buildings.
If City staff' determines during their review of future projects that an existing building is
historically important, further study and review will be required to determine whether or
not the building will be impacted by the project. The further study will, in all likelihood,
consist of a preliminary historical survey conducted by a recognized person with historical
building experience with accompanying conclusions and recommendations.
024
Air Quality
Additional development in the Project Areas indirectly through the use of eminent domain could
increase both short and long-term air emissions. Short-term air emissions would be associated
with construction of the project, long-term air emissions would be associated with traffic, space
heating and off-site generation of electricity throughout the life of the project.
Noise
If it is determined that a future project may create significant construction emissions,
short-term air emission calculations will be required as part of the CEQA review &the
project.
The potential impact on air emissions and air quality due to additional development and
traffic in the Project Areas will be evaluated at the time specific development plans are
submitted to the City for approval.
Future development in the Project Areas due indirectly to the use of eminent domain could result
in an increase in noise levels in the vicinity of the projects.
The Planning and Building Agency will conduct an environmental evaluation for each
project at the time of submittal to the City for review and approval when required by
CEQA. If it is determined by the City that a project has the potential to have significant
noise impacts, a noise study may be required. If the noise study indicates that a project
could have significant noise impacts, feasible mitigation measures will be recommended
and incorporated into the project to reduce noise levels to acceptable levels in compliance
with the City's noise ordinance.
Energy Conservation
Project implementation would result in increased consumption of natural gas, electricity and other
forms of energy.
12
025
All future development within the Project Areas will be required to meet the minimum
requirements of the State Building Energy Efficiency Standards (Title 24). A project must
meet Title 24 energy requirements before building permits are issued.
Schools
The development of additional projects in the Project Ayeas through the use of eminent domain
could generate additional students to areas schools, some which may be either at or over their
student capacity.
Prior to issuance of a building permit for individual residential projects, an analysis shall be
prepared and submitted to the affected school district to determine the impact to existing
district enrollment capacities. Payment of necessary developer fees shall be implemented
as a part of the project construction.
VIII_ ALTERNATIVES TO TIlE 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).
No Project Alternative
Finding 3:
Specific economic, social or other considerations make infeasible the mitigation
measures or alternatives identified in the environmental impact report.
Facts in Support of the Finding
This project alternative will prevent the Agency from acquking property through the use of
eminent domain. Should the Agency need to acquire property to remove blight and improve
economic conditions, eminent domain would not be available as a tool for the Agency to acquire
the property. This alternative will prevent any assistance the Agency could provide the City
towards removing existing blight and improving the business and economic climate within the
Project Areas and the City of Santa Ana. Since no significant adverse environmental impacts
associated with adoption and implementation of the proposed Plan Amendment have been
identified, this aiternative will not eliminate any significant environmental impacts.
13
Alternative Financing
Finding 3:
Specific economic, social or other considerations make infeasible the mitigation
measures or alternatives identified in the environmental impact report.
Facts in Support of the Finding
This project alternative will have similar environmental impacts as the proposed Redevelopment
Plan Amendment, however they will occur within a shorter period of time. Instead of the Agency
be'rog able to Utilize eminent domain for up to twelve years, this alternative will reduce the use to
less than twelve years. Therefore, any potential environmental effects will be reduced accordingly
to the number of years that eminent domain is allowed to be used in the Project Areas. Since
there have not been any significant environmental impacts identified with the proposed Plan
Amendment, this alternative will not reduce or eliminate any significant impacts.
14
027
CALIFORNIA ENVIRONMENTAL QUALITY ACT STATEMENT OF
OVERRIDING CONSIDERATIONS FOR THE REDEVELOPMENT
PLAN AMENDMENT TO THE INTER-CITY COMMUTER STATION,
SANTA ANA (CENTRAL CITY) AND NORTH HARBOR
REDEVELOPMENT PLANS
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
Determination. (Section 15093 of the State CEQA Guidelines).
The project may have significant or certain substantial adverse impacts on the environment which
cannot be fully mitigated. These impacts are identified in the Final EI~ and in the Findings and
Statements of Fact which accompany this Statement of Overriding Considerations.
The City of Santa Aha has determined that the unavoidable adverse impacts of the proposed
project in conjunction with development of cumulative City projects are acceptable when balanced
against the benefits of the project. The following benefits are found to outweigh and make
acceptable the unavoidable adverse impacts identified in the Final EIR:
1)
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.
2)
The implementation of the Redevelopment Plan is anticipated to result in the
development of new facilities within the Project Areas which will enhance the
property values. Increased property values in the Redevelopment Project Areas
will generate additional revenue to the Agency that can be utilized to enhance and
upgrade local infrastructure.
028
3)
Plan implementation will provide for the more efficient use of land and
improvement in the aesthetic quality within the Project Areas by removing blighted
structures.
2
029
EXHTBI'T C
~'rTI'C-~.TTON ~fONI'TOItTNG ~ REPORTING PROGR~
'1.0 INTRODUCTION
This Mitigation Monitoring and Reporting Program (MMRP) for the Amendment to the Inter-
City Commuter Station, North Harbor and Santa Aha (Central City) Redevelopment Plans has
been prepared in accordance with the adopted environmental rules for the City of Santa/ma 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 is the Lead Agency for the
implementation of the proposed Amendment and, therefore, is responsible for implementing the
Mitigation Monitoring and Reporting Program. As the Lead Agency, the City of Santa .ama has
prepared an Environmental Impact Report for the Amendment to the Inter-City Commuter
Station, Santa Ana (Central City) and North Harbor Redevelopment Plans. 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 to reduce potential impacts, 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 Final Environmental Impact
Report is provided below stating when each measure must be implemented and the person/agency
responsible for verifying that the measure has been implemented.
O3O
2.0 RESPONSIBILrrIES
The Mitigation Monitoring and Reporting Program (MMRP) for the Amendment to the Inter-City
Commuter Station, Santa/ina (Central City) and North Harbor Redevelopment Plans will be in
affect for twelve years from the date of the adoption of the Plan Amendments. The Mitigation
Monitoring and Reporting Program will be applicable to all phases of each Plan. The monitoring
and enforcement of the Mitigation Monitoring and Report Program will be the responsibility of
the City of Santa Ana Planning Division Environmental Coordinator. In addition, the City of
Santa /ma Community Development Agency will assist and share in the responsibility of
implementing and enfoming the Mitigation Monitoring and Reporting Program in association with
the Environmental Coordinator.
There will be other City of Santa .Ama 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.
031
3.0 GENERAL PROCEDURES
The Environmental Coordinator will 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 shall 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 toms shall be kept with this Mitigation Monitoring and Reporting
Program throughout the twelve year life of the use of eminent domain for each respective
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.
3
4.0 MITIGATION MONITORING AND REPORTING PROGRAM ACTIVITIES
The MMRP consists of the mitigation measures recommended in the Final Environmental Impact
Report, identifies the time the mitigation measures must be implemented and the City agency
responsible for monitoring applicable mitigation measure. The following abbreviations are used in
this MMRP to identify the City agency responsible for implementing the recommended mitigation
measures:
Environmental Coordinator .......................................................................................... EC
Public Works Agency ............................................................................................... PWA
Planning Division ......................................................................................................... PD
Building Division .......................................................................................................... BD
Mitigation Monitoring Reporting Program
Mitigation Timing of Responsible
Measure Implementation Agency
Earth
1.
Resources:
Ail future Projects that require grading
and excavation for the construction
of building foundations, parking structures,
storm drains, sewer lines, etc. will be
required by the City of Santa Aha to
have a preliminary geotechnical investigation
prepared prior to the approval of grading
plans. The geotechnical reports will identify
the potential geotechnical constraints associated
with the construction of each specific project.
Should a geotechnical report identify an
existing situation that could have a potential
earth resources impact to either the building,
tenants or adjacent properties, appropriate
measures approved by the City will be
incorporated ihto the project to mitigate
the potential impact.
All future Agency sponsored development
located within areas subject to differential
subsidence and/or high/moderate liquefaction
potential shall be investigated for potential
impacts by a qualified geotechnical engineer
Prior to the issuance
of grading permits
Prior to project
approval or issuance
of grading permit.
BD
PWA
BD
PWA
4
033
prior to project approval. Should the
potential for subsidence and/or liquefaction
potential be identified, measures acceptable
to the City Engineer shall be incorporated
into the project to reduce or eliminate the
potential project impact.
Hydrolog3¥Drainage
During the review offiaure projects
within this location, if it is determined by
City staffthat runofffrom a project could
impact storm drain facilities, appropriate
measures such as improvements and/or
upsizing will be required to reduce or
eliminate the potential impacts on storm
drain facilities.
All future projects will be reviewed by
Public Works for compliance with NPDES
requirements and require all applicable
pollution control measures be incorporated
into a project to reduce or eliminate urban
pollutants from entering local surface waters.
Cultural Resources
If City staff determines during their review
of'the project that an existing building is
historically important, further study and
review will be required to determine whether
or not the building will be impacted by the
project. The further study will, in all like-
lihood, consist of a preliminary historical
survey conducted by a recognized person
with historical building experience with
accompanying conclusions and recommendations.
Air Quality
If it is determined that a future project may
create significant construction emissions,
short-term air emission calculations will be
required as part of the CEQA review of the
project.
Prior to the
issuance of grading
permit or building permit,
whichever occurs first.
Prior to the issuance
of grading permit or
building permit, which
ever occurs first.
Prior to project
approval.
Prior to project
approval.
PWA
PWA
EC
EC
PD
5
/034
The potential impact on air emissions and
air quality due to additional development
and traffic in the Project Areas will be
evaluated at the time specific development
plans are submitted to the City for approval.
Noise
The Planning and Building Agency will
conduct an environmental evaluation for
each project at the time of submittal to
the City for review and approval when
required by CEQA. If it is determined
by the City that a project has the potential
to have significant noise impacts, a noise
study may be required. If the noise study
indicates that a project could have significant
noise impacts, feasible mitigation measures
will be recommended and incorporated
into the project to reduce noise levels to
acceptable levels in compliance with the
City's noise ordinance.
Energy Conservation
All future development within the Project
Areas will be required to meet the minimum
requirements of the State Building Energy
Efficiency Standards (Title 24). A project
must meet Title 24 energy requirements
before building permits are issued.
Schools
Prior to the issuance of a building permit
for individual residential projects, an
analysis shall be prepared and submitted
to the affected school district to determine
the impact to existing district enrollment
capacities. Payment of necessary developer
fees shall be implemented as a part of the
project construction.
Prior to project
approval.
Prior to project
approval.
Prior to issuance
of building permits.
Pr/or to the issuance
of building permits.
EC
PD
EC
PD
EC
BD
EC
APPENDIX A
INTER-C/TY COMMUTER STATION, SANTA ANA (CENTRAL CITY) AND NORTH
HARBOR REDEVELOPMENT PLANS
M1T/GATION MONITORING PROGRAM
SAMPLE COMPLIANCE VERIFICATION FORM
Mitigation MeaKure: # Impact Issue:
Location: On~ite OffKite
Operation
Disposition: -- Mitigation measure for ~e above-noted project phase implemented. No further action ia required.
Mitigation measug for ~he above-noted project phase is not fully implemented. Fu~er action r~quir~d. (Please
~xplain below)
Thc mitigation meaaur~ for the above-noted project phase ia not in compliance. Fu~her action r~quired. (Please:
~xplain below)
Commenta/Reviaions:
Completed by: Name: Approved by: Name:
Title: Title:
Date: Date:
7