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HomeMy WebLinkAbout96-100 - Certifying the Environmental Impact Report447 RESOLUTION NO. 96- 100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE MIDTOWN SPECIFIC PLAN AND ADOPTING FINDINGS REGARDING SUCH PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, the City of Santa Ana proposes to adopt a Specific Plan for an area of the city known as "Midtown," which area is bounded on the north by Seventeenth Street, on the east by the property on the east side of Bush Street, on the south by civic Center Drive, and on the west by property on the west side of Broadway; and WHEREAS, in conjunction with the Specific Plan adoption, the City also proposes to approve the following: A resolution amending the Land Use element of the General Plan obtain land use designations within the Midtown area which are appropriate for the Specific Plan. An ordinance changing the zoning designations of proper- ties in the Midtown area to the SP (Specific Plan) use district. An ordinance amending the zoning regulations in the Municipal Code to provide for the establishment of in- lieu parking districts. de A resolution establishing the Midtown In-Lieu Parking Fee District. The adoption of the Midtown Specific Plan and the abovesaid resolutions and ordinances together constitute the "Project" under consideration for approval by the City Council for purposes of the California Environmental Quality Act; and WHEREAS, an environmental impact report (consisting of a document entitled "Program Environmental Impact Report, Midtown District 'Specific Plan," dated August, 1996, and a second document entitled "Response to Comments Document, Midtown District Specific Plan, Program Environmental Impact Report No. 94-1," dated October, 1996) has been prepared for the Project (the "E.I.R."); and WHEREAS, the California Environmental Quality Act and the State CEQA Guidelines require that, prior to any approval of the Project, the City Council must make certain certifications and findings; RESOLUTION 96-100 449 Page 2 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. The findings and statements set forth in that certain "CEQA Statement of Findings of Fact, Midtown District Specific Plan, Program Environmental Impact Report No. 94-1," set forth in Exhibit A, attached hereto, that certain Statement of Overriding Consider- ations, Midtown District Specific Plan, City of Santa Ana," set forth in Exhibit B, attached hereto, and that certain "Mitigation Monitoring Program, Environmental Impact Report No. 94-1," set forth in Exhibit C, attached hereto, are incorporated herein by reference as though fully set forth. The City Council hereby adopts and approves said findings, statement, and program. ADOPTED this 18th ATTEST: COUNCILMEMBERS: Pulido Aye Richardson Aye Espinoza Aye Lutz Aye McGuigan Aye Mills Absent Moreno Aye day of November , 1996.  1 A. ~Su~li~o Attorney 2 45O CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~ ~tttg~ to be the original resolution adopted by the City Council of the City of Santa Aha on //'"]ff~ ~f~ 451 MITIGATION MONITORING PROGRAM MIDTOWN DISTRICT SPECIFIC PLAN PROGRAM ENVIRONIV[ENTAL IMPACT REPORT NO. 94-1 Prepared For: CITY OF SANTA ANA Planning and Building Agency 206 West Fourth Street Santa Ana, California 92702 Prepared By: DUANE MORITA AND WEN-DY KATAGI Environmental and City Harming Consultants 14312 Shadybrook Drive Tustin, CA 92780 OCTOBERI~6 EXHIBIT A 652 CEQA STATEMENT OF FINDINGS OF FACT MIDTOWN DISTRICT SPECIFIC PLAN CITY OF SANTA ANA 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 (EIR) has been completed and which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding." (CEQA Guidelines Section 15091) The EIR for the Midtown Specific Plan identified significant effects which could occur as a result of the proposed Specific Plan. In accordance with the Guidelines, the City of Santa Ana hereby adopts the findings in this report as part of the approval of the Midtown Specific Plan. The City of Santa Ana has prepared an EIR for the proposed Specific Plan 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. In adopting this Statement of Findings and Facts, the City of Santa Ana City Council approves the implementation of the Midtown Specific Plan. The certification entails approval by the City Council of various planning documents, or changes to documents or ordinances pursuant to the approved Specific Plan. These documents and changes include a General Plan Amendment to the General Plan Land Use Map and a zone change. Any future development projects, subsequent maps, grading permits and/or building permits would also be reviewed based on the documentation in the EIR. The City of Santa Ana has developed a Mitigation Monitoring Program to monitor and report the implementation of the mitigation measures identified for the Specific Plan as part of the environmental review process. II. SPECIFIC PLAN DESCRIPTION The Midtown District Specific Plan provides standards for land use, circulation, public services, general design, architecture, and landscaping within Midtown. A land use plan of permitted development is also included in the Specific Plan. The Specific Plan would increase total non- residential square footage, including office, medical offices, trade schools, restaurants, and retail within Midtown by 533,606 square feet (sf.). Future residential uses would also be increased by 88 additional dwelling units. FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 IlL ADMINISTRATIVE RECORD In accordance with State Planning Law, CEQA requirements, and f'mdings set forth below, the administrative record of the City Council and Planning Commission decision on this Specific Plan consists of the following: 1. The Draft and Final Program EIR and Technical Appendices for the Specific Plan. All reports, memoranda, maps, letters and other documents prepared by the City and environmental consultants. All documents submitted by the public and public agencies in connection with the Specific Plan. 4. Minutes or verbatim transcripts of all public hearings held in the City. 5. Any documentary or other evidence submitted at public hearings. IV. PURPOSE OF FINDINGS Section 15091 of the CEQA Guidelines requires that, for each significant effect identified in the Program EIR, the approving agency must issue a written finding reaching one or more of the three allowable conclusions. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Such changes or alterations are 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 or project alternative identified in the EIR. For purposes of these findings, the term "avoid" refers to the ability of one or more mitigation measures to reduce an otherwise significant effect to insignificant levels. The term "substantially lessen" refers to the ability of such measure or measures to substantially reduce severity of a significant effect, but not to levels of insignificance. V. FINDINGS OF FACTS The Midtown District Specific Plan Program EIR identifies the following significant or potentially significant environmental impacts under the following general topics. Each of the findings and facts supporting each finding are set forth below. FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 2 454 o o LAND USE ENVIRONMENTAL EFFECT Land uses anticipated with the Specific Plan are generally compatible with neighboring uses. However, some degree of incompatibility could occur within the Broadway Corridor and Bush Street Professional Districts. Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts The City shall review all future land use proposals and improvements on a project-by-project basis to ensure that proposals would be designed, developed, and constructed in accordance with standards and requirements of the Midtown Specific Plan and the Zoning Ordinance and all other appropriate laws and regulations. ENVIRONMENTAL EFFECT The Specific Plan would implement objectives and recommendations of the City's General Plan, Central City Redevelopment Plan, and Enterprise Zone Program. However, the Specific Plan would require an amendment to the City's General Plan and Zoning Ordinance. Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts The Planning and Building Agency shall amend the City's General Plan and Zoning Ordinance to SP-3 (Specific Plan No. 3), prior to implementing any portion of the Midtown Specific Plan. ENVIRONMENTAL EFFECT Future development activities resulting from the Specific Plan would contribute to the overall amount of future construction occurring within Midtown and City of Santa Ana. Cumulative impacts, however, are not considered significant since future development would be consistent with the Specific Plan and would enhance and improve the visual image and f'mancial status of Midtown and Santa Ana. Furthermore, each cumulative project would be reviewed and approved by the City and would be consistent with City FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 3 455 policies and regulations. Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. .Facts The City shall review all future land use proposals and improvements on a project-by-project basis to ensure that proposals would be designed, developed, and constructed in accordance with standards and requirements of the Midtown Specific Plan and the Zoning Ordinance and all other appropriate laws and regulations. Prior to construction, applicants of future development and construction within the Specific Plan area shall acquire all required permits, including demolition, grading, and building permits. TRAFFIC AND CIRCULATION ENVIRONMENTAL EFFECT With Specific Plan implementation, all 21 intersections would operate at LOS D or better during AM peak hours; but two intersections, Seventeenth at Main Streets and First at Main Streets would operate at LOS E or worse during PM peak hours. Finding Changes or alterations have been required in and incorporated into the project which substantially lessen the above significant effect. Enforcement of mitigation measures would partially reduce impact; however, the above effect is considered significantly unavoidable and adverse. Facts Throughout implementation of the Specific Plan, the Public Works Agency shall continue to provide those City-wide traffic and pedestrian circulation improvements that are proposed in the Specific Plan, General Plan, and other City circulation improvement plans. The City shall review all futura proposals within the Specific Plan area on a project-by-project basis and shall impose appropriate conditions and mitigation to ensure that any circulation impact would be alleviated to the greatest extent feasible. FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 4 45U Throughout implementation of the Specific Plan, the Public Works Agency shall continue to implement City TClVl/TDM measures, as appropriate and feasible. ENVIRONMENTAL EFFECT With cumulative projects, one intersection, Seventeenth at Main Streets would operate at LOS F, during AM peak hours. During PM peak hours, seven intersections, Santa Clam Avenue at Broadway, Seventeenth Street at Broadway, Seventeenth at Main Streets, Washington Avenue at Broadway, Washington Avenue at Main Street, Ftrst Street at Broadway, and First at Main Streets would operate at LOS E or worse. Finding Changes or alterations have been required in and incorporated into the project which substantially lessen the above significant effect. Enforcement of mitigation measures would partially reduce impact; however, the above effect is considered significantly unavoidable and adverse. F~.cts Throughout implementation of the Specific Plan, the Public Works Agency shall continue to provide those City-wide traffic and pedestrian cimulation improvements that are proposed in the Specific Plan, General Plan, and other City circulation improvement plans. The City shall review all future proposals within the Specific Plan area on a project-by-project basis and shall impose appropriate conditions and mitigation to ensure that any circulation impact would be alleviated to the greatest extent feasible. Throughout implementation of the Specific Plan, the Public Works Agency shall continue to implement City TCM/TDM measures, as appropriate and feasible. ENVIRONMENTAL EFFECT Impacts to parking facilities are not expected with mitigation. Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts In order to reduce parking impacts, throughout implementation of the Specific Plan, the City shall continue to achieve the following by district: FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 5 457 _Subdistrict 1 - Civic Center/Professional District The City shall establish an in-lieu fee parking district to allow for parking code requirement relief for those who cannot provide onsite parking inventory, shared parking, or a combination of both. The in-lieu district ordinance illustrates the boundaries of the district, criteria for participation, amount of the fee, terms and duration of payments, the administrative process for the district (inclusive of conditional and ownership changes), and the appeal process. The City shall establish a special assessment/benefit district for the purpose of construction of a 400/500-space parking garage to service the increasing demand of new occupants in the district. The City shall continue to facilitate short-term temporary shared use of vacant parking inventory while new facilities are built and total absorption Occurs. Subdistrict 2 - Financial District Parking requirement relief shall be achieved through onsite additions, shared parking agreements, or in-lieu fee district participation. Subdistrict 3 - Community and Specialty Retail District * The City shall facilitate shared parking use agreements where applicable. No vehicle loading/unloading or vehicle access to parking on Bush Street shall be permitted. Access for vehicle loading/unloading shall be limited to east/west streets, except Washington. Egress from parking facilities shall be limited to right-turn exits only onto Main Street or onto the westbound direction of a side street. Exits shall be at least 120 feet from Main Street and opposite other driveways where possible. No onstreet parking (except for metered parking) on Bush Street and other surrounding streets shall be allowed. Limited time metered parking shall be available along Bush Street in addition to residential permit parking where allowed. ENVIRONMENTAL EFFECT Impacts to public safety are not expected with mitigation. Finding Changes or alterations have been required in and incorporated into the project which FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 6 458 avoid the above significant effect. Facts Throughout implementation of the Specific Plan, the Public Works Agency shall continue to provide those City-wide traffic and pedestrian circulation improvements that are proposed in the Specific Plan, General Plan, and other City circulation improvement plans. The City shall review all future proposals within the Specific Plan area on a project-by-project basis and shah impose appropriate conditions and mitigation to ensure that any cimulation impact would be alleviated to the greatest extent feasible. Throughout implementation of the Specific Plan, the Public Works Agency shall continue to review and implement those neighborhood traffic control measures recommended in this EIR. No vehicle loading/unloading or vehicle access to parking on Bush Street shall be permitted. Access for vehicle loading/unloading shall be limited to east/west streets, except Washington. Egress from parking facilities shall be limited to right-turn exits only onto Main Street or onto the westbound direction of a side street. Exits shall be at least 120 feet from Main Street and opposite other driveways where possible. No onstreet parking (except for metered parking) on Bush Street and other surrounding streets shall be allowed. Limited time metered parking shall be available along Bush Street in addition to residential permit parking where allowed. ENVIRONMENTAL EFFECT Impacts to transit services are not expected with mitigation. Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts Throughout implementation of the Specific Plan, the Public Works Agency shall continue to monitor OCTA improvements associated with its Major Investment Study and notify OCTA of future Midtown development and comply with OCTA requirements, as appropriate and feasible. FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 7 459 ENVIRONMENTAL EFFECT Impacts to neighborhood circulation are not expected with mitigation. Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts Throughout implementation of the Specific Plan, the Public Works Agency shall continue to provide those City-wide traffic and pedestrian circulation improvements that are proposed in the Specific Plan, General Plan, and other City circulation improvement plans. The City shall review all future proposals within the Specific Plan area on a project-by-project basis and shah impose appropriate conditions and mitigation to ensure that any cimulation impact would be alleviated to the greatest extent feasible. Throughout implementation of the Specific Plan, the Public Works Agency shall continue to review and implement those neighborhood traffic control measures recommended in this EIR. No vehicle loading/unloading or vehicle access to parking on Bush Street shall be permitted. Access for vehicle loading/unloading shall be limited to east/west streets, except Washington. Egress from parking facilities shah be limited to right-turn exits only onto Main Street or onto the westbound dixection of a side street. Exits shah be at least 120 feet from Main Street and opposite other driveways where possible. No onstreet parking (except for metered parking) on Bush Street and other surrounding streets shall be allowed. Limited time metered parking shall be available along Bush Street in addition to residential permit parking where allowed. AESTHETICS ENVIRONMENTAL EFFECT The Specific Plan achieves and controls visual consistency throughout Midtown by establishing design and use guidelines in order to direct future development and design of views and gateways, building form, open space nodes, pedestrian space, landscaping, architectural treatment, cimulation, and parking. FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 8 Finding Changes or alterations have been required in and incorporated into the project which avoid any potential significant effect. Facts The Planning and Building Agency shall review all future proposals on a project- by-project basis and ensure that said proposal is in conformance with the development and land use standards and guidelines, landscape concept plan, and architectural treatment guidelines and standards contained in the Specific Plan and. Section 41-593.4 of the Zoning Ordinance, which requires Site Plan submission of development plans and architectural review, to ensure high-quality design and development. All parking structures shall be designed with landscape screening, vine pockets, planters, awnings, metal grills, and adequate setback to ensure the overall visual quality of Midtown is not compromised. ENVIRONMENTAL EFFECT The Specific Plan responds to sensitive issues such as scenic views, shades and shadows, and parking structure treatment. Finding Changes or alterations have been required in and incorporated into the project which avoid any potential significant effect. Facts The Planning and Building Agency shall review all future proposals on a project- by-project basis and ensure that said proposal is in conformance with the development and land use standards and guidelines, landscape concept plan, and architectural treatment guidelines and standards contained in the Specific Plan and Section 41-593.4 of the Zoning Ordinance, which requires Site Plan submission of development plans and architectural review, to ensure high-quality design and development. All parking structures shall be designed with landscape screening, vine pockets, planters, awnings, metal grills, and adequate setback to ensure the overall visual quality of Midtown is not compromised. FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 9 LIGHT AND GLARE ENVIRONMENTAL EFFECT The Specific Plan would replace and redevelop existing development, consequently, levels of light and glare emitted in Midtown would generally be similar between existing conditions and after ultimate Specific Plan implementation. Finding Changes or alterations have been required in and incorporated into the project which avoid any potential significant effect. Facts Prior to final Site Plan Review approval for any future project, the City shall accomplish the following: Ensure that said proposal is in conformance with appropriate standards and guidelines comained in the Specific Plan, such as provision of sufficient landscape screening, vine pockets, planters, awnings, metal grills, setbacks, etc., and Building Security Ordinances 8-10 and 8-211 of the Santa Ana Municipal Code. Ensure that sufficient landscaping is provided to screen neighboring buildings and uses from project-generated light and glare to the greatest extent possible. Ensure that security lighting shall be designed for uniformity of lighting poles, fixtures, and intensity. Ensure that parking lot and security lighting shall be arranged and shielded to prevent excessive glare and reflection, nuisance, inconvenience, and hazardous interference to adjoining properties. Ensure that exterior building materials of proposed buildings would not produce excessive reflective glare. A range of 12 to 16 percent material reflectance value is the acceptable standard for measuring reflective glare. SOILS AND GEOLOGY ENVIRONMENTAL EFFECT Implementation of mitigation measures would reduce all geological, erosion, and soil impacts. FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 10 462 Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts Prior to any site preparation, future applicants shall obtain a grading permit from the Public Works Agency in accordance with applicable ordinances of the City. All development sites shall be compacted and prepared in accordance with appropriate City specifications, throughout Specific Plan implementation. All structures shall be constructed in accordance with applicable structural and seismic requirements of the Uniform Building Code, Structural Engineers Association of California, and Santa Ana Municipal Code, subject to review of the Building Agency. The Building Division shall review all future development on a proposal-by- proposal basis and shall require affected applicants to submit geotechnical/soils studies to the City if necessary. Prior to issuance of grading permit, future applicants shall prepare an erosion control plan in accordance with City standards. ENVIRONMENTAL EFFECT Seismic hazards associated with groundshaking, subsidence, liquefaction, and expansive soils would be alleviated with mitigation. Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts All development sites shall be compacted and prepared in accordance with appropriate City specifications, throughout Specific Plan implementation. All structures shall be constructed in accordance with applicable structural and seismic requirements of the Uniform Building Code, Structural Engineers Association of California, and Santa Aha Municipal Code, subject to review of the Building Agency. FINDINGS OF FACT~ MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 11 463 The Building Division shall review all future development on a proposal-by- proposal basis and shall require affected applicants to submit geoteclmical/soils studies to the City if necessary. HYDROLOGY AND DRAINAGE ENVIRONMENTAL EFFECT Implementation of mitigation measures would reduce hydrology-related impacts. Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts The City shall continue to provide those improvements described in the City's Master Plan of Drainage, particularly those improvements proposed along Broadway and Washington. The City shall continue to monitor adequacy of existing drainage lines in collecting and canying storm water. If failure occurs, the City shall improve these lines as necessary. If appropriate, the City, when reviewing future development proposals, shall require all new development to construct storm drains in accordance with those drainage improvements described in the City's Master Plan of Drainage. If appropriate, the City shall require all new structures within the 500-year flood zone to be at least one foot above the level of the high point of adjacent streets. If appropriate, in conjunction with submittal of applications for grading permits, future applicants shall submit to the City Public Works Agency, detailed drainage studies showing that future grading, in conjunction with drainage conveyance systems, would ensure that future structures are safe from flooding. Prior to issuance of grading permits, if surface water is collected anywhere for discharge as a point source, if a point source discharge is contemplated or if the affected site exceeds five acres, the applicant shall obtain a National Pollution Discharge Elimination System Permit (NPDES) and Notice of Intent from the Santa Ana Regional Water Quality Board. Prior to issuance of grading permits, the City Public Works Agency, shall require future projects to comply with the following, as necessary. Appropriate projects shall: FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 12 Coordinate with the County's Environmental Management Agency to ensure Orange County Flood Control District facilities are not significantly affected. Coordinate with the RWQCB to ensure compliance and consistency with policies and regulations of the RWQCB's Santa Ana Region Water Quality Control Basin Plan. Incorporate special construction notes as recommended in Orange County's Drainage Area Management Plan (DAMP)-New Development Appendix. Incorporate Federal EPA]NOAA guidance measures for coastal nonpoint source pollution into project designs. /ncorporate appropriate measures from the State Municipal BMP Manual and ensure non-structural BMPs are consistent with the DAMP-New Development Appendix. Prepare long-term post-construction Master Water Quality Management Plans (WQMP) that describe commitments to installing and maintaining structural facilities. The plan would also list routine and minimum BMPs, address common area landscape areas, and catch basin stenciling. ENVIRONMENTAL EFFECT Risks resulting from flooding would be reduced to acceptable levels with mitigation. Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts If appropriate, the City shall require all new structures within the 500-year flood zone to be at least one foot above the level of the high point of adjacent streets. If appropriate, in conjunction with submittal of applications for grading permits, future applicants shall submit to the City Public Works Agency, detailed drainage studies showing that future grading, in conjunction with drainage conveyance systems, would ensure that future structures are safe from flooding. ENVIRONMENTAL EFFECT Water quality impacts are not expected with mitigation. FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 13 Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts Prior to issuance of grading permits, if surface water is collected anywhere for discharge as a point source, if a point source discharge is contemplated or if the affected site exceeds five acres, the applicant shall obtain a National Pollution Discharge Elimination System Permit (NPDES) and Notice of Intent from the Santa Ana Regional Water Quality Board. Prior to issuance of grading permits, the City Public Works Agency, shall require future projects to comply with the following, as necessary. Appropriate projects shall: Coordinate with the County's Environmental Management Agency to ensure Orange County Flood Control District facilities are not significantly affected. Coordinate with the RWQCB to ensure compliance and consistency with policies and regulations of the RWQCB's Santa Ana Region Water Quality Control Basin Plan. Incorporate special construction notes as recommended in Orange County's Drainage Area Management Plan (DAMP)-New Development Appendix. Incorporate Federal EPA/NOAA guidance measures for coastal nonpoint source pollution into project designs. Incorporate appropriate measures from the State Municipal BMP Manual and ensure non-structural BMPs are consistent with the DAMP-New Development Appendix. Prepare long-term post-construction Master Water Quality Management Plans (WQMP) that describe commitments to installing and maintaining structural facilities. The plan would also list routine and minimum BMPs, address common area landscape areas, and catch basin stenciling. AIR QUALITY ENVIRONMENTAL EFFECT Construction activities and equipment would not result in significant emissions. FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 14 466 Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts Future contractors shah implement the following measures throughout construction activities: * Comply with Rules 401 - 403 of the SCAQMD to reduce onsite dust levels. Periodically apply water and dust superannuates to graded areas. Cover any hauling fill Operate street sweepers on adjacent roadways to remove dirt from construction vehicles or dried mud carried off by trucks. Stabilize disturbed areas if construction is delayed. Terminate soil disturbance when high winds (greater than 25 miles per hour) occur. Ensure that all construction equipment shall be maintained in proper working order. Wash construction vehicles each time upon entering public roadways to reduce dust levels. Require 90-day low NOx tune-ups for off-road equipment. Limit allowable idling to 10 minutes. No idling shall occur on streets adjacent to residential areas. Park construction vehicles off traveled roadways. Wash or sweep access points daily. Sandbag construction areas for erosion control as needed. Receive materials during non-peak traffic hours. Limit disturbance areas to five acres. Encourage car-pooling for construction workers. FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 15 o * Limit lane closures to off-peak travel hours. * Identify rideshare incentives for construction personnel. * Identify offstreet parking for construction personnel. Prior to issuance of grading permit, future applicants shall prepare a construction management and congestion relief plan, subject to approval by the City. Prior to issuance of building permit, an ACM survey shall be conducted by a Certified Asbestos consultant. If ACMs are found, they must be removed by licensed contractors using control methods prescribed in SCAQMD Rule 1403. ENVIRONMENTAL EFFECT Vehicular (mobile source) emission and microscale impacts are negligible. CO disturbance on neighboring residences are negligible. Stationary and secondary impacts would be insignificant. Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts Future applicants, prior to issuance of certificate of occupancy, shall install energy-conserving appliances and implement Title 24 (California Administrative Code) requirements. Future applicants, prior to issuance of certificate of occupancy, shall show proof to the City, that SCAQMD and SCAG TCMs, including ridesharing programs, traffic flow improvements, parking management, and land use strategies, transit programs, and non-motorized strategies have been implemented to the greatest extent feasible. ENVIRONMENTAL EFFECT Any future project with other cumulative projects would contribute a small pollution increment to the overall regional air basin, which is characterized by degraded air quality. Finding Changes or alterations have been required in and incorporated into the project which substantially lessen the above significant effect. Enforcement of mitigation measures would partially reduce impact; however, the above effect is considered significantly unavoidable and adverse. FINDINGS OF FACT/MIDTOWN DISTPJCT SPECIFIC PLAN/EIR NO. 94-1 16 468 F~cts Future applicants, prior to issuance of certificate of occupancy, shall install energy-consen, ing appliances and implement Title 24 (California Administrative Code) requirements. Future applicants, prior to issuance of certificate of occupancy, shall show proof to the City, that SCAQMD and SCAG TCMs, including ridesharing programs, traffic flow improvements, parking management, and land use strategies, transit programs, and non-motorized strategies have been implemented to the greatest extent feasible. ENVIRONMENTAL EFFECT NOISE Noise impacts associated with construction activities would not be significant with mitigation. Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts Future contractors, throughout construction activities, shall ensure the following to the greatest extent possible: Ensure that all construction mid general maintenance activities, except in an emergency, be limited to the hours of 7:00 AM to 7:00 PM, Monday through Saturday. No construction shall occur on Sundays and Federal holidays. Ensure that all onsite construction equipment have properly operating mufflers. ENVIRONMENTAL EFFECT Noise impacts associated with increased traffic would not be significant with mitigation. Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. FINDINGS OF FACT/M1DTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 17 469 Facts The City, throughout Specific Plan implementation, shall review all future projects on a proposal-by-proposal basis and ensure that developments proposed along Broadway, Main Street, and Seventeenth Street incorporate the following to the greatest extent: All habitable residential exterior space (porches, patios, play yards, etc.) shall not be located directly adjacent to Broadway, Main Street, and Seventeenth Street. Future residences shall be provided with air conditioning and dual-glazed windows. Additional noise analyses shall be conducted for those parking structures that neighbor residential areas. Noise analyses would be based upon actual location, number of parking spaces, parking levels, etc. CULTURAL RESOURCES ENVIRONMENTAL EFFECT Specific Plan implementation would not result in any adverse impacts to existing cultural or historic resources. Finding Changes or alterations have been required in and incorporated into the project which avoid any potential significant effect. Facts Throughout Specific Plan implementation, the City shall continue to evaluate the historic significance of structures, buildings and/or sites to be affected by proposed development. If any structure, building and/or site are determined to have potential historic significance, the City shall consider placing the structure, building or site on a historical list or register. If any potentially historic artifacts and/or sites are uncovered during grading or construction, a qualified historian shall review the finding(s) for historic significance. Proper documentation of the finding as well as instructions for handling the finding shall be made by a qualified historian. FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 18 470 RISK OF UPSET AND HUMAN HEALTH ENVIRONMENTAL E F~'ECT Sites in Midtown could be contaminated that are presently unknown. Furthermore, other sites could later be listed on contamination lists of the City of Santa Ana Fire Department, DHS, OPR, EPA, or RWQCB, if these sites later handle hazardous materials or contaminate site soils. Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts Prior to issuance of grading permits, applicants of fuel dispensing facilities or other similar uses shall: * Provide a plan showing placement of underground storage tanks. Provide plans or identify measures for implementing Uniform Fire Code requirements in the use of any combustible or flammable liquids, above- ground or underground storage of such materials, welding and potential spark production, etc. All future uses that handle hazardous wastes shah ensure that generated wastes shall be stored, manifested, transported and disposed of in accordance with California Code of Regulations Title 22 and Title 14. Demolition activities shall be halted if asbestos, other hazardous materials, or contaminated soils are uncovered. Requirements of the State Health and Safety Code, City Fire Department, Regional Water Quality Control Board, California Department of Health Services, State Office of Planning and Research, and Federal Environmental Protection Agency shall be followed to ensure these materials are properly disposed and removed. PUBLIC SERVICES AND UTILITIES ENVIRONMENTAL EFFECT No significant impacts to fire protection, police service, schools, recreation facilities, electricity, natural gas, telephone, water, sewer, drainage, solid waste, maintenance, or other governmental services are anticipated with mitigation. FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 19 471 Finding Changes or alterations have been required in and incorporated into the project which avoid the above significant effect. Facts To ensure adequate services and utilities are provided for future projects within Midtown, prior to issuance of building permits, applicants shall meet with and provide whatever is required by the following agencies, and pay appropriate fees and acquire proper clearances from them: City Fire and Police Departments, Santa Ana Unified School District, Southern California Edison, Southern California Gas Company, Pacific Bell, City Public Works Agency, and County Department of Integrated Management. These agencies shall review each future project on a case-by-case basis to ensure that any burden on services and utilities would be reduced to the greatest extent feasible. Future projects shall comply with Fire Code guidelines and shall provide required fire flows. Future projects shall comply with the following as appropriate: All projects shall be designed utilizing the "Concept of Crime Prevention Through Environmental Design and Defensible Space". All potential crime generators such as liquor-selling establishments and night clubs, shall obtain proper discretionary City clearances and approvals. All projects shall be reviewed and approved by the Police Department's Crime Prevention Unit. * Parking structures shall be staffed with parking and security personnel. Design of commercial projects shall incorporate to the greatest extent feasible security systems, including contracted security staff, closed circuit monitoring, and alarm systems. All commercial structures shall be designed with adequate police patrol and emergency vehicle access from all sides. Lighting design in and around individual commercial and residential developments shall facilitate visibility into the site by patrol vehicles and emergency response vehicles. FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 20 472 All new structures and parking lots shall comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Aha Municipal Code (Building Security Ordinance). Future projects shall be designed in accordance with applicable electrical codes, including the National Fire Protection Association Code, the National Electrical Code, and the City's electrical code. Future projects shall also be designed to utilize energy saving equipment where applicable, per energy and gas conservation regulations contained in Title 24 of the California Administrative Code and implement SCE programs to increase efficiency of operations and reduce energy costs. Title 24 requires inclusion of the following energy conservation features into building design and construction: Incorporation into new buildings a set of specific energy-conserving design features. * Use of non-depletable energy resources. Demonstration that buildings would not consume more energy that necessary. SCE programs recommend buildings be designed to encourage utilization of energy-efficient architectural and landscaping features to reduce energy demands. These features: Utilize natural heating and/or cooling through sun and wind exposure and solar energy. Utilize windowless walls for western exposures and site orientation of buildings to use solar heating systems and efficient heating-cooling systems. * Utilize landscaping to moderate building heat gain. Future projects shall be designed with the following water conservation methods to the greatest extent feasible: Water conservation devices shall be installed in all new or rehabilitated commercial or residential structures. Efficient irrigation systems which minimize nm-off and evaporation shall be provided. Future applicants shall utilize reclaimed water, subject to the review and approval by the City Engineer. FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 21 473 All new or redeveloped residential and/or commercial structures shall be designed to provide adequate space for recycling receptacles. If a City-wide recycling program is established, the City shall conUibute to funding for operation of said program. The City shall continue to implement policies and programs contained in the Source Reduction and Recycling Element. VI. ALTERNATIVES The City Council has reviewed and considered all alternatives described in the Final Program EIR. Nature and extent of impacts associated with implementation of each alternative have been considered in determining the "environmentally superior" alternative and are discussed as follows. No-Pro|ect Alternative Finding: Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Under this alternative, existing onsite uses would be continued indefinitely and no new uses would be established. Consequently, those impacts resulting with the proposed Specific Plan would not occur with this alternative, particularly impacts associated with land use; traffic and circulation; aesthetics; light and glare; soils and geology; hydrology and drainage; air quality; noise; population, housing, and employment; cultural resources; risk of upset and human health; and public services and utilities. It should be noted, however, that this alternative would not strengthen the economic vitality of the City, expand the City's economic base, provide local employment opporttmities, or implement policies and intentions of the City's General Plan. District Center Concept Alternative Finding: Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Under this altemative, Midtown would be developed at a higher intensity than what is currently being considered with the proposed Specific Plan; Non-residential development would increase by 52 percent, while residential development would decrease by four percent. Similar types of residential and non-residential uses would be provided with this alternative; additionally, the entire Midtown area would be developed. Consequently, those impacts resulting with the proposed Specific Plan would also probably occur with this alternative, particularly impacts associated with land use; aesthetics; light and glare; soils and geology; hydrology and drainage; cultural resources; and risk of upset and human health. Given that more intensive development would occur with this alternative, it is expected that some impacts, including traffic, air and noise could result at a higher degree and/or magnitude. In general, however, this alternative would continue to create similar types and degrees of FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-I 22 474 environmental impacts as with the proposed Specific Plan. This alternative, therefore, can not be considered overwhelmingly environmentally superior to the proposed Specific Plan. Bush Street Low-Rise Concept Alternative Finding: Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Under this alternative, Midtown would be developed at a lesser intensity than what is currently being considered with the proposed Specific Plan. Residential and non-residential uses would decrease by 10 and 98 percent, respectively. Similar types of residential and non-residential uses would be provided with this alternative; additionally, the entire Midtown area would be developed. Consequently, those impacts resulting with the proposed Specific Plan would also probably occur with this alternative, particularly impacts associated with land use; aesthetics; light and glare; soils and geology; hydrology and drainage; cultural resources; and risk of upset and human health. Given that less intensive development would occur with this alternative, it is expected that some impacts, including traffic, air and noise could result at a lesser degree and/or magnitude. In general, however, this alternative would continue to create similar types and degrees of environmental impacts as with the proposed Specific Plan. This alternative, therefore, can not be considered overwhelmingly environmentally superior to the proposed Specific Plan. Conclusion Nature and extent of impacts associated with implementation of each alternative have been considered in determining the "environmentally superior" alternative. It has been determined that the District Center Concept and Bush Street Low-Rise Concept Alternatives would result in generally similar types and degrees of environmental impacts as with the proposed Specific Plan. Only the No-Project Alternative would eliminate most impacts. This alternative, however, would not strengthen the economic vitality of the City, expand the City's economic base, provide local employment opportunities, or implement policies and intentions the City's General Plan. It should be noted, that most significant impacts of the proposed Specific Plan would be reduced to less than significant levels with implementation of mitigation measures. Only Specific Plan- generated traffic and circulation impacts and cumulative impacts associated with air quality and traffic and circulation are considered significantly adverse and unavoidable after mitigation. A Statement of Overriding Considerations has been prepared to balance benefits of the proposed Specific Plan against these unavoidable environmental impacts in determining whether to approve the Specific Plan. The City Council finds that these significant effects on the environment are adequately offset and acceptable within the meaning of Sections 15092 and 15093 of the CEQA Guidelines. Based on the extensive environmental analysis conducted for the proposed Specific Plan and alternatives described in this section, the proposed Specific Plan provides a reasonable use of the Midtown area. FINDINGS OF FACT/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 23 475 STATEMENT OF OVERRIDING CONSIDERATIONS MIDTOWN DISTRICT SPECIFIC PLAN CITY OF SANTA ANA The Final E1R concludes and the City Council of the City of Santa Ana finds that certain significant environmental effects of the Specific Plan are unavoidable even after incorporation of all feasible mitigation measures. Specifically, the proposed Specific Plan would result in a significant unmitigated impact to the intersection of Seventeenth at Main Streets and Main at First Streets, and a cumulative effect relating to air quality. For such a significant effect, the City Council has balanced the benefits of the proposed Specific Plan against these unavoidable environmental impacts in determining whether to approve the Specific Plan. The City Council finds that this significant effect on the environment is acceptable within the meaning of Sections 15092 and 15093 of the CEQA Guidelines. Any altematives with less significant environmental impacts are not preferable, due to the following overriding considerations. The Specific Plan encourages development of office, medical office, institutional, trade school, restaurant, retail, attached residential, and detached residential uses on underutilized parcels in a manner which strengthens the economic vitality of the City. The Specific Plan expands the City's economic base by increasing sales tax revenue and provides local employment opportunities. The Specific Plan provides projects which meets the residential, commemial, recreational, and entertainment needs of the City and its residents. The Specific Plan provides improved vehicular and pedestrian access, internal circulation, and parking to accommodate future development. The Specific Plan preserves important environmental and historical features and resources to the greatest extent feasible. The Specific Plan establishes links to surrounding neighborhoods, and employment and shopping areas. The Specific Plan protects and maintains the adjacent Willard, French Court, and French Park neighborhoods. The Specific Plan encourages the adaptive re-use of historically or architecturally significant bnildings throughoat Midtown. 9. The Specific Plan establishes a positive image of Midtown. 10. The Specific Plan creates high quality development compatible with surrounding uses and activities. 11. The Specific Plan would be serviced by sufficient levels of public services and utilities. OVERRIDING CONSIDERATIONS / MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 EXHIBIT B 476 12. The Specific Plan complies with appropriate City development policies and standards and implements the City's General Plan. Any of the foregoing specific economic, social, and other considerations constitute benefits of the Midtown District Specific Plan which are sufficient to outweigh public costs associated with the unavoidable traffic intersection impacts and cumulative air quality impact of the proposed Specific Plan. OVERRIDING CONSIDERATIONS / MIDTO~V DISTRICT SPECIFIC PLAN / EIR NO. 94-1 2 477 CEQA STATEMENT OF FINDINGS OF FACT MIDTOWN DISTRICT SPECIFIC PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT NO. 94-1 Prepared For: CITY OF SANTA ANA Planning and Building Agency 206 West Fourth Street Santa ANA, California 92702 Prepared By: DUANE MORITA AND WENDY KATAGI Environmental and City Planning Consultants 14312 Shadybrook Drive Tustin, CA 92780 OCTOBER 1996 EXHIBIT C 478 MII~TOWN DISTRICT SPECIFIC PLAN MITIGATION MONITORING PROGRAM CITY OF SANTA ANA Effective January 1, 1989, the California Environmental Quality Act was amended to add Section 21081.6, implementing Assembly Bill (AB) 3180. As part of CEQA environmental review procedures, AB 3180 requixes a public agency to adopt a monitoring and reporting program for assessing and ensuring efficiency of any required mitigation measures applied to proposed developments. As stated in Section 21081.6 of the Public Resources Code: "...the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted, or made a condition or project approval, in order to mitigate or avoid significant effects on the environment." Section 21081.6 provides general guidelines for implementing monitoring and reporting programs. Specific reporting and/or monitoring requffements, to be enforced during project implementation, shall be defined prior to f'mal approval of the project proposal by the responsible decision maker(s). In response to established CEQA requirements and those of Public Resources Code Section 21000 et seq., the proposed mitigation monitoring program shall be submitted for consideration prior to completion of the environmental review process to enable the decision maker's appropriate response to proposals. The mitigation monitoring program must be provided as part of the Final EIR. The mitigation monitoring program is presented in this section. Each recommended mitigation measure is listed and categorized by impact topic, with an accompanying discussion of: The party/agency responsible for implementation of mitigation measure. The phase of the project during which the measure should be monitored. The method of verifying compliance with mitigation measure. The agency responsible for monitoring compliance with the mitigation measure. The monitoring agencies shall oversee elements of the mitigation monitoring program and review compliance through the use of compliance verification forms to be developed by the City and supported by a mitigation monitoring consultant. A sample of a "Compliance Verification" form is provided in Attachment A. Designated monitors shall ensure compliance verification forms are filled out correctly and proper action is being taken on each measure. Designated monitors will also be responsible for filing and updating the verification forms during all phases of any future project. During design and construction phases, the designated monitors from the Planning and Building Agency will determine the need for a measure to be modified and ensure the use of a mitigation specialist if technical expertise beyond the monitor's ability is required. If it is found that an adopted mitigation measure is not being properly implemented, the designated monitors shall require corrective actions to ensure adequate implementation. MITIGATION MONITORING PROGRAM / MIDTOWN DISTRICT SPECIFIC PLAN / EIR NO. 94-I I LAND USE 1. The Plannlng and Building Agency shall amend the City's General Plan and Zoning Ordinance to SP-3 (Specific Plan No. 3), prior to implementing any portion of the Midtown Specific Plan. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: City Planning and Building Agency City Council review and approval throughout Specific Plan implementation City Council approval of actions City Planning and Building Agency The City shall review all future land use proposals and improvements on a project-by-project basis to ensure that proposals would be designed, developed, and constructed in accordance with standards and requirements of the Midtown Specific Plan and the Zoning Ordinance and all other appropriate laws and regulations. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: City Planning Division Throughout Specific Plan implementation Review and approval of land use proposals and improvement plans to ensure compliance with mitigation City Planning and Building Agency and Public Works Agency Prior to construction, applicants of future development and construction within the Specific Plan area shall acquire all required pemaits, including demolition, grading, and building permits. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: TRAFFIC AND CIRCULATION Future applicants Prior to construction Plan check and review of permit applications City Planning and Building Agency and Public Works Agency Throughout implementation of the Specific Plan, the Public Works Agency shall continue 479 MITIGATION MONITORING PROGRAM/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 2 o to provide those City-wide traffic and pedestrian circulation improvements that are proposed in the Specific Plan, General Plan, and other City circulation improvement plans. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: City Public Works Agency Throughout Specific Plan implementation Provide improvements to ensure compliance with mitigation City Public Works Agency The City shall review all future proposals within the Specific Plan area on a project-by- project basis and shall impose appropriate conditions and mitigation to ensure that any circulation impact would be alleviated to the greatest extent feasible. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: Throughout implementation of the Specific to implement City TCM/TDM measures, as - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: City Public Works Agency Throughout Specific Plan implementation Review and approval of land use proposals and improvement plans to ensure compliance with mitigation City Public Works Agency Plan, the Public Works Agency shall continue - Monitoring Agency: appropriate and feasible. City Public Works Agency Division and Planning Throughout Specific Plan implementation Review and approval of land use proposals and improvement plans to ensure appropriate and feasible TCM/TDM measures are implemented City Public Works Agency In order to reduce parking impacts, throughout implementation of the Specific Plan, the City shall continue to achieve the following by district: Subdistrict I - Civic CenterIProfessional District a. The City shall establish an in-lieu fee parking district to allow for parking code requirement relief for those who cannot provide onsite parking invemory, shared MITIGATION MONITORING PROGRAM/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 3 481 parking, or a combination of both. The in-lieu district ordinance illustrates the boundaries of the district, criteria for participation, amount of the fee, terms and duration of payments, the administrative process for the district (inclusive of conditional and ownership changes), and the appeal process. The City shall establish a special assessment/benefit district for the purpose of construction of a 400/500-space parking garage to service the increasing demand of new occupants in the district. Co The City shall continue to facilitate short-term temporary shared use of vacant parking inventory while new facilities are built and total absorption occurs. Subdistrict 2 - Financial District Parking requirement relief shall be achieved through onsite additions, shared parking agreements, or in-lieu fee district participation. Subdistrict 3 - Community and Specialty Retail District e. The City shah facilitate shared parking use agreements where applicable. - Responsible for Implementation: City Planning and Building Agency and Community Development Agency - Monitoring Phase: Throughout Specific Plan implementation - Method of Monitoring: Review and approval of land use proposals and improvement plans to ensure feasible parking improvements and programs are provided and implemented - Monitoring Agency: City Planning and Building Agency and Community Development Agency Throughout implementation of the Specific Plan, the Public Works Agency shall continue to monitor OCTA improvements associated with its Major Investment Study and comply with OCTA requirements for serving Midtown development, as appropriate and feasible. - Responsible for Implementation: City Public Works Agency and Planning Division - Monitoring Phase: Throughout Specific Plan implementation - Method of Monitoring: Communications with OCTA Technical Advisory Committee - Monitoring Agency: City Public Works Agency MITIGATION MONITORING PROGRAM/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 4 ,-J 10. 11. 12. Throughout implementation of the Spec'file Plan, the Public Works Agency shall continue to review and implement those neighborhood traffic control measures recommended in this EIR. - Responsible for Implemeniation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: City Public Works Agency Throughout Specific Plan implementation Review and approval of neighborhood traffic control proposals and improvement plans to ensure feasible measures are provided City Public Works Agency No vehicle loading/unloading or vehicle access to parking on Bush Street shah be permitted. Access for vehicle loading/unioading shah be limited to east/west streets, except Washington. - Responsible for Implementation: Futuxe applicants - Monitoring Phase: Prior to Site Plan Review approval of applicable projects (those affecting Bush Street) - Method of Monitoring: Review of Site Plan Review submittals to ensure compliance with mitigation - Monitoring Agency: City Public Works Agency Egress from parking facilities shah be limited to fight-turn exits only onto Main Street or onto the westbound dh-ection of a side street. Exits shall be at least 120 feet from Main Street and opposite other driveways where possible. Responsible for Implementation: Future applicants - Monitoring Phase: Prior to Site Plan Review approval of applicable projects (those affecting Main Street) - Method of Monitoring: Review of Site Plan Review submittals to ensure compliance with mitigation - Monitoring Agency: City Planning and Building Agency and Public Works Agency No onstreet parking (except for metered parking) on Bush Street and other surrounding streets shall be allowed. Limited time metered parking shall be available along Bush Street in addition to residential permit parking where allowed. - Responsible for Implementation: Future applicants MITIGATION MONITORING PROGRAM / MIDTOI'VN DISTRICT SPECIFIC PLAN / EIR NO. 94-1 5 - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: AESTHETICS 13. 14. Prior to Site Plan Review approval of applicable proj~ts (those affecting Bush Street) Review of Site Plan Review submittals to ensure compliance with mitigation City Planning and Building Agency and Public Works Agency The Planning and Building Agency shall review all future proposals on a project-by-project basis and ensure that said proposal is in conformance with the development and land use standards and guidelines, landscape concept plan, and architectural trealxnent guidelines and standards contained in the Specific Plan and Section 41-593.4 of the Zoning Ordinance, which requires Site Plan submission of development plans and architectural review, to ensure high-quality design and development. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: City Planning and Building Agency Throughout Specific Plan implementation Review and approval of Site Plan Review submittals to ensure compliance with mitigation City Planning and Building Agency All parking structures shall be designed with landscape screening, vine pockets, planters, awnings, metal grills, and adequate setback to ensure the overall visual quality of Midtown is not compromised. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: Future applicants - Monitoring Agency: LIGHT AND GLARE Prior to Site Plan Review approval of parking structures 15. Review and approval of Site Plan Review submittals for parking structures; site inspections to ensure compliance City Planning and Building Agency Prior to fmal Site Plan Review approval for any future project, the City shall accomplish the following: MITIGATION MONITORING PROGRAM/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 6 484 ao bo co Ensure that said proposal is in conformance with appropriate standards and guidelines contained in the Specific Plan, such as provision of sufficient landscape screening, vine pockets, planters, awnings, metal grills, setbacks, etc., and Building Security Ordinances 8-10 and 8-211 of the Santa Ana Municipal Code. Ensure that sufficient landscaping is provided to screen neighboring buildings and uses from project-generated light and glare to the greatest extent possible. Ensure that security lighting shall be designed for uniformity of lighting poles, fixtures, and intensity. Ensure that parking lot and security lighting shall be arranged and shielded to prevent excessive glare and reflection, nuisance, inconvenience, and haTArdous interference to adjoining properties. Ensure that exterior building materials of proposed buildings would not produce excessive reflective glare. A range of 12 to 16 percent material reflectance value is the acceptable standard for measuring reflective glare. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: SOILS AND GEOLOGY 16. City Prior to Site Plan Review approval of applicable projects Review and approval of Site Plan Review submittals to ensure feasible provisions are provided and implemented; site inspection to ensure compliance City Planning and Building Agency and Police Department Prior to any site preparation, future applicants shall obtain a grading permit from the Public Works Agency in accordance with applicable ordinances of the City. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: Future applicants Prior to any site preparation Plan check, review, and approval of grading permit applications and grading plans City Public Works Agency and Planning and Building Agency MITIGATION MONITORING PROGRAM/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 7 485 17. 18. 19. 20. All development sites shall be compacted and prepared in accordance with appropriate City specifications, throughout Specific Plan implementation. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: Future applicants and construction foremen Throughout Specific Plan implementation Site inspections to ensure compliance City Public Works Agency and Planning and Building Agency All structures shall be constructed in accordance with applicable structural and seismic requirements of the Uniform Building Code, Structural Engineers Association of California, and Santa Ana Municipal Code, subject to review of the Building Division. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: Future applicants Prior to issuance of building permit Plan check, review, and approval of building permit application and building plans City Planning and Building Agency The City Public Works Agency shall review all future development on a proposal-by- proposal basis and shall require affected applicants to submit geotechnical/soils studies to the City if necessary. - Responsible for Implementation: City Public Works Agency - Monitoring Phase: Throughout Specific Plan implementation Method of Monitoring: Review of proposals to determine need for geotechnical/soils studies; approval of prepared studies, if required - Monitoring Agency: City Public Works Agency and Planning and Building Agency Prior to issuance of grading permit, future applicants shall prepare an erosion control plan in accordance with City standards. - Responsible for Implementation: Future applicants - Monitoring Phase: Prior to issuance of grading permit MITIGATION MONITORING PROGRAM / MIDTOWN DISTRICT SPECIFIC PLAN / EIR NO. 94-I 8 - Method of Monitoring: ~ Monitoring Agency: HYDROLOGY AND DRAINAGE 21. 22. 23. 24. Plan check, review, and approval of grading permit application and erosion contxol plan City Public Works Agency The City shall continue to provide those improvements described in the City's Master Plan of Drainage, particularly those improvements proposed along Broadway and Washington. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: City Public Works Agency Throughout Specific Plan implementation Provide drainage improvements to ensure compliance with mitigation City Public Works Agency The City shall continue to monitor adequacy of existing drainage lines in collecting and carrying storm water. If failure occurs, the City shall improve these lines as necessary. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: City Public Works Agency Throughout Specific Plan implementation Site inspections to monitor adequacy drainage lines; improve lines as necessary City Public Works Agency of If appropriate, the City, when reviewing future development proposals, shall require all new development to construct storm drains in accordance with those drainage improvements described in the City's Master Plan of Drainage. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: City Public Works Agency Throughout Specific Plan implementation Site Plan Review of development proposals to determine need to construct storm drains; applicant provide improvements as necessary City Public Works Agency If appropriate, the City shall require all new structures within the 500-year flood zone to be at least one foot above the level of the high point of adjacent streets. MITIGATION MONITORING PROGRAM/MIDTOWN DISTRICT SPECIFIC PI. AN/EIR NO. 94-1 9 25. 26. 27. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: City Planning and Building Agency Throughout Specific Plan implementation Review and approval of development proposals within the flood zone to determine floor elevations City Public Works Agency and Planning and Building Agency If appropriate, in conjunction with submittal of applications for grading permits, future applicants shall submit to the City Public Works Agency, detailed drainage studies showing that future grading, in conjunction with drainage conveyance systems, would ensure that future structures are safe from flooding. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: Future applicants Prior to issuance of grading pennit Review and approval of grading plans and drainage studies City Public Works Agency and Planning and Building Agency Prior to issuance of grading permits, if surface water is collected anywhere for discharge as a point source, if a point source discharge is contemplated or ff the affected site exceeds five acres, the applicant shall obtain a National Pollution Discharge Elimination System Permit (NPDES) and Notice of Intent from the Santa Ana Regional Water Quality Board. - Responsible for Implementation: Future applicants - Monitoring Phase: Prior to issuance of grading permit - Method of Monitoring: Applicants provide proof of NPDES permit and Notice of Intent - Monitoring Agency: City Public Works Agency Prior to issuance of grading permits, the City Public Works Agency, shall require future projects to comply with the following, as necessary. Appropriate projects shall: Coordinate with the County's Environmental Management Agency to ensure Orange County Flood Control District facilities are not significantly affected. MITIGATION MONITORING PROGRAM/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 10 488 eo Coordinate with the RWQCB to ensure compliance and consistency with policies and regulations of the RWQCB's Santa Ana Region Water Quality Control Basin Plan. Incorporate special construction notes as recommended in Orange County's Drainage Area Management Plan (DAMP)-New Development Appendix. Incorporate Federal EPA/NOAA guidance measures for coastal nonpoint source pollution into project designs. Incorporate appropriate measures from the State Municipal BMP Manual and ensure non-structural BMPs are consistent with the DAMP-New Development Appendix, Prepare long-term post-construction Master Water Quality Management Plans (WQMP) that describe commitments to installing and maintaining structural facilities. The plan would also list routine and minimum BMPs, address common area landscape areas, and catch basin stenciling. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: AIR QUALITY Construction Mitieation 28. Future applicants Prior to issuance of grading permit Applicants provide proof of compliance with mitigation and prepare required documents City Public Works Agency and RWQCB Future contractors shall implement the following measures throughout construction activities: a. Comply with Rules 401 - 403 of the SCAQMD to reduce onsite dust levels. b. Periodically apply water and dust superannuates to graded areas. c. Cover any hauling fill. d. Operate street sweepers on adjacent roadways to remove dirt from construction vehicles or dried mud carried off by tracks. e. Stabilize disturbed areas if construction is delayed. f. Terminate soil disturbance when high winds (greater than 25 miles per hour) occur. g. Ensure that all construction equipment shall be maintained in proper working order. MITIGATION MONITORING PROGRAM/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 11 29. Wash construction vehicles each time upon entering public roadways to reduce dust levels. Require 90-day low NOx tune-ups for off-road equipment. Limit allowable idling to 10 minutes. No idling shall occur on streets adjacent to residential areas. Park construction vehicles off traveled roadways. Wash or sweep access points daily. Sandbag construction areas for erosion control as needed. Receive materials during non-peak traffic hours. Limit disturbance areas to five acres. Encourage car-pooling for construction workers. Limit lane closures to off-peak travel hours. Identify rideshare incentives for construction personnel. Identify offstreet parking for construction personnel. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: Prior to issuance of grading permit, future applicants shall prepare management and congestion relief plan, subject to approval by the City. Future applicants and construction foremen During all construction phases Site inspections City Planning and Building Agency and Public Works Agency a construction - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: Future applicants Prior to issuance of grading permit Review and approval of construction management and congestion relief plan; site inspections to ensure compliance MITIGATION MONITORING PROGRAM/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 12 490 30. - Monitoring Agency: City Planning and Building Agency and Public Works Agency Prior to issuance of building permit, an ACM survey shall be conducted by a Certified Asbestos consultant. If ACMs are found, they must be removed by licensed contractors using control methods prescribed in SCAQMD Rule 1403. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: Long-Term Mitigation 31. 32. Future applicants Prior to issuance of building permit Review and approval of ACM survey City Planning and Building Agency Future applicants, prior to issuance of certificate of occupancy, shall install energy- conserving appliances and implement Title 24 (California Administrative Code) requirements. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: Future applicants Prior to issuance of certificate of occupancy Site inspections City Planning and Building Agency Future applicants, prior to issuance of certificate of occupancy, shall show proof to the City, that SCAQMD and SCAG TCMs, including ridesharing programs, traffic flow improvements, parking managemem, and land use strategies, transit programs, and non- motorized strategies have been implemented to the greatest extent feasible. - Responsible for Implementation: Future applicants - Monitoring Phase: Prior to issuance of certificate of occupancy - Method of Monitoring: Applicants provide proof of compliance with requirements of SCAQMD and SCAG - Monitoring Agency: City Planning and Building Agency and Public Works Agency MITIGATION MONITORING PROGRAM/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 13 NOISE Construction Mitigation 33. Future contractors, throughout construction activities, shall ensure the following to the greatest extent possible: a. Ensure that all construction and general maintenance activities, except in an emergency, be limited to the hours of 7:00 AM to 7:00 PM, Monday through Saturday. No construction shall occur on Sundays and Federal holidays. Ensure that all onsite construction equipment have properly operating mufflers. bo - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: Long-Term Mitigation 34. 35. Future applicants and construction foremen During alt construction phases Site inspections to ensure compliance City Planning and Building Agency, Police Department, and Public Works Agency The City, throughout Specific Plan implementation, shall review all future projects on a proposal-by-proposal basis and ensure that developments proposed along Broadway, Main Street, and Seventeenth Street incorporate the following to the greatest extent: a. All habitable residential exterior space (porches, patios, play yards, etc.) shall not be located directly adjacent to Broadway, Main Street, and Seventeenth Street. Furore residences shall be provided with air conditioning and dual-glazed windows. City Planning and Building Agency Throughout Specific Plan implementation Review of proposals along Broadway, Main and Seventeenth to ensure compliance - Monitoring Agency: City Planning and Building Agency Additional noise analyses shall be conducted for those parking structures that neighbor residential areas. Noise analyses would be based upon actual location, number of parking spaces, parking levels, etc. - Responsible for Implementation: Future applicants - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: MITIGATION MONITORING PROGRAM/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94.1 14 - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: CULTURAL RESOURCES 36. 37. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: Prior to Site Plan Review approval of parking s~ructures Review and approval of noise analyses City Planning and Building Agency Throughout Specific Plan implementation, the City shall continue to evaluate the Mstoric significance of structures, buildings and/or sites to be affected by proposed development. ff any structure, building and/or site are determined to have potential Mstofic significance, the City shall consider placing the structure, building or site on a historical list or register. City Planning and Building Agency Throughout Specific Plan implementation Continue to evaluate Mstorical significance of structures, etc. to ensure compliance with mitigation; site inspections to ensure compliance - Monitoring Agency: City Planning and Building Agency If any potentially historic artifacts and/or sites are uncovered during grading or construction, a qualified historian shall review the finding(s) for historic significance. Proper documentation of the finding as well as instructions for handling the finding shall be made by a qualified historian. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: RISK OF UPSET AND HUMAN HEALTI~ 38. Future applicants and construction foremen During all construction phases Site inspections to ensure compliance with mitigation; review and approval of documentation if finds are uncovered City Planning and Building Agency Prior to issuance of grading permits, applicants of fuel dispensing facilities or other sinxilar uses shall: a. Provide a plan showing placement of underground storage tanks. MITIGATION MONITORING PROGRAM/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 493 39. 40. Provide plans or identify measures for implememing Uniform Fire Code requirements in the use of any combustible or flammable liquids, above-ground or underground storage of such materials, welding and potential spark production, etc. - Responsible for Implementation: Future applicants Monitoring Phase: Prior to issuance of grading permit - Method of Monitoring: Review and approval of plans relating to grading, underground tanks, and implementation of UFC requirements - Monitoring Agency: City Planning and Building Agency and City Fire Depathnent and Public Works Agency All future uses that handle hazardous wastes shall ensure that generated wastes shall be stored, manifested, transported and disposed of in accordance with California Code of Regulations Title 22 and Title 14. - Responsible for Implementation: Future applicants - Monitoring Phase: Throughout Specific Plan impleraentation Method of Monitoring: Site inspections to ensure compliance; applicant file reports with City ensuring compliance with Titles 14 and 22 - Monitoring Agency: City Planning and Building Agency, City Fire Department, and Public Works Agency Demolition activities shall be halted if asbestos, other hazardous materials, or contaminated soils are uncovered. Requirements of the State Health and Safety Code, City Fire Department, Regional Water Quality Control Board, California Department of Health Services, State Office of Planning and Research, and Federal Environmental Protection Agency shall be followed to ensure these materials are properly disposed and removed. - Responsible for Implementation: Future applicants - Monitoring Phase: During all construction phases - Method of Monitoring: Site inspections to ensure hazardous material compliance; applicants provide documentation ensuring requirements of agencies are followed - Monitoring Agency: City Planning and Building Agency and City Fire Department MITIGATION MONITORING PROGRAM/MIDTOWN DISTRICT SPECIFIC PLAN/EIR NO. 94-1 16 494 PUBLIC SERVICES AND UTILITIES 41. 42. To ensure adequate services and utilities are provided for future projects within Midtown, prior to issuance of building permits, applicants shall meet with and provide whatever is required by the following agencies, and pay appropriate fees and acquire proper clearances from them: City Fire and Police Departments, Santa Ama Unified School District, Southern California Edison, Southern California Gas Company, Pacific Bell, City Public Works Agency, and County Department of Integrated Management. These agencies shall review each future project on a ease-by-case basis to ensure that any burden on services and utilities would be reduced to the greatest extent feasible. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: 43. - Monitoring Agency: Future applicants Prior to issuance of building permit Applicants provide will serve letters from agencies City Planning and Building Agency Future projects shah comply with Fire Code guidelines and shall provide required fire flows. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: Future a. bo Future applicants Prior to issuance of building permit Applicants provide will serve letter from City Fire Depa~hnent City Fire Department projects shall comply with the following as appropriate: All projects shall be designed utilizing the "Concept of Crime Prevention Through Environmental Design and Defensible Space". All potential crime generators such as liquor-selling establishments and night clubs, shall obtain proper discretionary City clearances and approvals. All projects shall be reviewed and approved by the Police Depadment's Crime Prevention Unit. Parking structures shall be staffed with parking and security personnel. Design of commercial projects shall incorporate to the greatest extent feasible security systems, including contracted security staff, closed circuit monitoring, and alarm systems. MITIGATION MONITORING PROGRAM / MIDTOWN DISTRICT SPECIFIC PLAN / EIR 3t0. 94-I 1 7 495 44. All commercial structures shall be designed with adequate police patzol and emergency vehicle access from all sides. Lighting design in and around individual commercial and residential developments shall facilitate visibility into the site by pa~ol vehicles and emergency response vehicles. All new structures and parking lots shall comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). - Responsible for Implementation: Future applicants - Monitoring Phase: Prior to Site Plan Review approval - Method of Monitoring: Review and approval of Site Plan Review submittals; site inspections to ensure compliance - Monitor'mg Agency: City Planning and Building Agency and City Police Department Future projects shall be designed in accordance with applicable electrical codes, including the National Fire Protection Association Code, the National Electrical Code, and the City's electrical code. Future projects shall also be designed to utilize energy saving equipment where applicable, per energy and gas conservation regulations contained in Title 24 of the California Administrative Code and implement SCE programs to increase efficiency of operations and reduce energy costs. Title 24 requires inclusion of the following energy conservation features into building design and construction: a. Incorporation into new buildings a set of specific energy-conserving design features. b. Use of non-depletable energy resources. c. Demonstration that buildings would not consume more energy that necessary. SCE programs reconunend buildings be designed to encourage utilization of energy-efficient architectural and landscaping features to reduce energy demands. These features: Utilize natural heating and/or cooling through sun and wind exposure and solar energy. Utilize windowless walls for western exposures and site orientation of buildings to use solar heating systems and efficient heating-cooling systems. c. Utilize landscaping to moderate building heat gain. MITIGATION MONITORING PROGRAM/MIDTOWN DISTRICT SPECIFIC PLAN/ EIR NO. 94-1 18 496 - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: Future applicants Prior to issuance of building permit Review and approval of building plans City Planning and Building Agency 45. Future projects shall be designed with the following water conservation methods to the greatest extent feasible: a. Water conservation devices shall be installed in all new or rehabilitated conunercial or residential structures. b. Efficient irrigation systems which minimize nm-off and evaporation shall be provided. c. Future applicants shall utilize reclaimed water, subject to the review and approval by the City Engineer. Future applicants Prior to issuance of building permit Review and approval of building plans City Planning and Building Agency and Public Works Agency 46. All new or redeveloped residential and/or commercial structures shall be designed to provide adequate space for recycling receptacles. If a City-wide recycling program is established, the City shah contribute to funding for operation of said program. 47. - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: - Responsible for Implementation: - Monitoring Phase: - Method of Monitoring: - Monitoring Agency: Future applicants Prior to issuance of building permit Review and approval of building plans to ensure compliance; City contribute to funding City Planning and Building Agency The City shall continue to implement policies and programs contained in the Source Reduction and Recycling Element. - Responsible for Implementation: City Public Works Agency MITIGATION MONITORING PROGRAM/MIDTOWN DISTRICT SPECIFIC PLAN~ EIR NO. 94-1 19 497 - Monitoring Phase: Throughout Specific Plan implementation - Method of Monitoring: Continue to implement policies and programs of SRRE - Monitoring Agency: City Planning and Building Agency and Public Works Agency MITIGATION MONITORING PROGRAM / MIDTOWN DISTRICT SPECIFIC PLAN / EIR NO. 94-1 20 498, ATTACHMENT A MIDTOWN DISTRICT SPECIFIC PLAN MITIGATION MONITORING PROGRAM SAMPLE COMPLIANCE VERIFICATION FORM Mitigation Measure: # Impact Issue: (Earth, Water, Traffic, Etc.) Location: Onsite Offsite Project Phase: Design Construction Description of Activity/Method of Implementation: Administrative Operation Disposition: Mitigation measure for the above-noted project phase implememed. No further action is required. Mitigation measure for the above-noted project phase is not fully implemented. Further action required. (Please explain below) Mitigation measure for the above-noted project phase is not in compliance. Further action required. (Please explain below) Comments/Revisions: Completed by: Nallle: Title: Date: Approved by: Name: Title: Date: A~I