Loading...
HomeMy WebLinkAbout2005-016 - Statement of Overriding Considerations for the Property Located at 2725 North Main Street . RESOLUTION NO. 2005-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING AND APPROVING THE ENVIRONMENTAL IMPACT REPORT, APPROVING A MITIGATION MONITORING PROGRAM, AND ADOPTING CERTAIN FACTS, FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPERTY LOCATED AT 2725 NORTH MAIN STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: . C. . A. Applicant is requesting approval of various entitlements in order to construct the City Place project, which is a mixed use development with approximately 57,700 square feet of commercial space (being a mix of sit-down restaurants, retail and market); and 187 residential units divided as follows; approximately 73 for-sale live-work lofts; approximately 112 for-sale townhomes and 2 single family detached homes, all for the approximately 17.7 acres located at the northeast corner of Main Street and Memory Lane, 2775 North Main Street. On December 13, 2004, the Planning Commission held a duly noticed public hearing, and by a vote of 6:1 (Sinclair opposed) voted to recommend that the City Council: 1. Certify and adopt the Final Environmental Impact Report No. 2004-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations. Adopt an ordinance amending to the Specific Development Plan No. 59 (SD-59) (ZOA No. 2004-06). B. 2. 3. Adopt a resolution approving a conditional use permit for 73 for-sale, live-work units (CUP No. 2004-28). Adopt an ordinance approving an amended and restated Development Agreement (DA No. 2004-04). 5. Adopt a resolution approving Vesting Tentative Map No. 2004-06. 6. Adopt a resolution approving Site Plan Review No. 2004-05. The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for City Place on February 7, 2005, and at that time considered all testimony, written and oral. After closing the public hearing, the Council adopted a motion continuing the matter to its February 4. Resolution 2005-016 Page 1 of 53 22, 2005 regular meeting and directing staff to return the Project for approval with the following adjustments: 1. Amend Part II of the Specific Development to permit: a. 185 dwelling units (town homes and live-work units) as shown on lots 2, 3 and 5 of Vesting Tentative Tract Map No. 16565. b.1 dwelling unit per acre on Lot 1 of Vesting Tentative Tract Map No. 16565. 2. Amend Section 5 of the Development Agreement to limit development in Phase II to be consistent with the Specific Development, as amended, but retain the concept that the City and Developer shall meet in good faith to consider construction of a residential, for-sale, high-rise tower as part of this Project 3. Amend the Vesting Tentative Tract Map to comply with the revised Specific Development and Development Agreement. 4. Amend the Site Plan and Site Plan Review to comply with the revised Specific Development and Development Agreement. 5. Amend the Final EIR, including the Project Description, consistent with the revised Specific Development and Development Agreement. D. 6. Delete Section 5.1.2 of the Development Agreement related to development of Commercial component tied to Development of hold back units. Due to the size of the project and the impacts to the environment, a Draft Environmental Impact Report (EIR) was prepared for this project. In addition to soliciting comments from concerned citizens, impacted neighborhoods, state resource and trustee agencies, the Planning Commission held a noticed public hearing on October 25, 2004 to receive verbal comments on the Draft EIR. Following close of the public comment period on November 29, 2004, a document was prepared formally responding to all comments received, making minor clarifications to the Draft EIR and proposing a written mitigation monitoring plan. The Draft EIR and this supplemental document together comprise the Final EIR for this project. All attached documents, including the Final EIR, the mitigation monitoring plan, the 30+ pages of findings and approvals, the Request for Council Action, and the record of proceedings are incorporated herein by this reference as though fully set forth. This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolutions E. Resolution 2005-016 Page 2 of 53 . . . referenced above and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. Section 2. The City Council has reviewed and considered the information contained in the Final EIR prepared with respect to this Project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the Final EIR meets all requirement of CEQA, including but limited to: finding that the Final EIR adequately addresses the impacts of the project; that it identifies and through the mitigation monitoring plan imposes all feasible mitigation measures which will reduce all of the significant environmental impacts of the Project to a level of insignificance, except those unavoidable impacts described more specifically in the statement of overriding considerations; discusses a reasonable range of alternatives to the Project; identifies the environmentally superior alternative; and based upon all of which and the record as a whole the Council chooses to approve the Project. The City Council hereby certifies and approves the Final EIR, the clarifications to the Draft EIR (as revised), mitigation monitoring plan, the facts, findings and Statement of Overriding Considerations attached to this Resolution as Exhibits "A", "B" and "C" respectively and incorporated herein by this reference, and directs that a Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. ADOPTED this 22nd_day of Februarv. 2005. L;f; Resolution 2005-016 Page 3 of 53 AYES: Council members: Bist. Bustamante. Christy. Garcia, Pulido. Solorio (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Alvarez (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution 2005-016 to be the original ordinance adopted by the City Council of the City of Santa Ana on Februarv 22, 2005, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. D,œ ~/ /&6 ~,~ ~ ( Clerk of the Council City of Santa Ana Resolution 2005-016 Page 4 of 53 City Place Focused Environmental Impact Report Responses to Comments . CLARIFICATIONS TO THE DRAFT ENVIRONMENTAL IMPACT REPORT The following is a listing of clarifications and additions to the City Place Draft Environmental Impact Report (DEIR). Those parts of text that are underlined indicate revisions by reference to the text ofthe Draft EIR. SECTION 1.0 INTRODUCTION Section 1.0 of the Draft EIR has been revised to identify the City of Orange as a responsible agency with discretionary approval of traffic improvements implemented in the City of Orange. SECTION 2.0 PROJECT DESCRIPTION AND PROJECT OBJECTIVES Through the response to comment process, the proj ect description for the proposed project has been amended. The proposed 2,000 square foot black box theater has been deleted from tbe project. In place of the black box theater, 2,000 square feet of retail area or restaurant area would be provided. Tbe overall commercial area ofthe proposed project would remain at 57,700 square feet. Additionally, a 2-acre parcel of the project site was rezoned to one dwelling unit per acre, resulting in a reduction of 53 residential units. As a result of refinement of the site plan 2 live/work units were also eliminated. The total amount of residential units proposed on the project site would be 187 residential units. EVALUATION OF COMMERCIAL LAND USE CHANGES The following analysis evaluates bow the City Place EIR traffic, air and noise analysis would be affected by replacing the 2,000 square foot black box theater with 2,000 square feet of additional retail or restaurant area. The analysis compares the overall daily traffic volumes and the AM and PM Peak Hour traffic volumes. Table 1 identifies the overall daily traffic volumes and the AM and PM Peak Hour traffic volumes for the City Place project with the 2,000 square foot black box theater. Additional Retail Area Table 2 identifies dailv traffic volumes and the AM and PM Peak Hour traffic volumes for the Citv Place project with 2,000 square feet of additional retail area in lieu of providing the 2,000 square foot black box theater. As shown in Table 2. the substitution ofthe black box theater with additional retail area would have a insignificant imoact on the overall daily traffic volumes and the AM and PM Peak Hour Traffic yolumes generated by the City Place oroiect, when comoared to the oroi ect with the black box theater. Without tbe black box theater and with the additional retail area. the oyerall daily traffic volumes generated fj-om the oroiect would decrease by 70 yehicle trios. Overall traffic yolumes are used to measure roadway caoacity impacts, air quality imoacts and noise imoacts. A reduction in 70 vehicle trios would have a slightly beneficial imoact on roadway caoacity, air qualitv emissions and mobile source noise levels. The reduction in the overall traffic volumes would not have any C:lDocuments and Settings\BKaufmanILocal SetlingslTemporary Internet FileslOLKBICity Place Council Change Clarifications. doc C-J January 2005 EXHIBIT A Resolution 2005-016 Page 5 of 53 City Place Focused Et1vironmentallmpact Report Responses to Comments measurable effect on the analysis, conclusions or recommendations in the traffic reoort. air Quality report or noise reoort preoared for the City Place ElR. Without the black box tbeater and with the additional retail area, the AM Peak Hour traffic volumes would increase by two vehicle trios and the PM Peak Hour traffic volumes would decrease by five vehicle trios. Tbe AM and PM traffic volumes are used to measure intersection vehicle movements and associated level of service impacts. The changes to the AM and PM Peak Hour traffic volumes would not have any measurable effect on the level of service of any intersections within the project area and would not alter the traffic analvsis, conclusions or recommendations orovided in the traffic reoort oreoared for the Citv Place EIR. Additional Restaurant Area Table 3 identifies daily traffic volumes and the AM and PM Peak Hour traffic volumes for the City Place oroiect with 2,000 square feet of additional restaurant area in lieu of oroviding the 2,000 square foot black box theater. As shown in Table 2, the substitution of the black box theater with additional retail area would haye a insignificant impact on the overall dailv traffic volumes and the AM and PM Peak Hour Traffic volumes generated by the City Place oroiect. when comoared to tbe oroiect with the black box theater. Witbout the black box theater and with the additional restaurant area. the oyerall daily traffic volumes generated from the proiect would increase bv 24 vehicle trios. An increase of 24 vehicle trips would not bave significant increase air aualitv emissions and mobile source noise levels or roadway caoacity imoacts. Tbe increase in the overall traffic volumes would not have any measurable effect on the analysis, conclusions or recommendations in the traffic reoort, air quality reoort or noise reoort prepared for the Citv Place EIR. Without the black box theater and with the additional restaurant area. tbe AM Peak Hour traffic volumes would increase by two yehicle trios and the PM Peak Hour traffic yolumes would decrease by two vehicle trios. The changes to the AM and PM Peak Hour traffic volumes would not have any measurable effect on tbe level of service of any intersections within the proiect area and would not alter the traffic analvsis, conclusions or recommendations orovided in the traffic reoort oreoared for the City Place EIR. TABLE 1 PROJECT TRIP GENERATION EXISTING PROJECT WITH 2.000 SO.FT. BLACK BOX THEATER ITE Trin Generation Land Use Code Size Dailv AM Peak Hour PM Peak Hour In Out Total In Out Total In Out Total T o'WIlhomes 230 168 492 492 984 13 61 74 59 29 87 Uve/Work 230 74 217 217 434 6 27 33 26 13 38 Restaurants 931 21,900 SF 985 985 1970 12 5 t8 110 54 164 Retail 820 8,800 SF 189 189 378 6 4 9 t6 17 33 Theater 443 2,000 SF 78 78 t56 0 0 0 12 1 t2 Market 850 25,000 1278 1278 2556 50 32 81 133 t28 261 C:\Documents and SettingslBKaufman\Local SetlingslTemporary Internet Files\OLKBICity Place Council Change Clarifications. doc C-2 January 2005 Resolution 2005-016 Page 6 of 53 City Place Focused Environmental Impact Report Respon.ses to Comments . i Total I 3239 I 3239 6478 ~ 215 I 355 I 242 I 596 I TABLE 2 PROÆCTTillPGENERATION 2.000 SO.IT, ADDITIONAL RETAIL/WITHOUT 2.000 SO,IT. BLACK BOX THEATER CJ ITE Trip Generation Land Use Code Size Dailv AM Peak Hour PM Peak Honr In Ont Total In Out Total In Out Total Townhomes 230 168 492 492 984 13 61 74 59 29 87 Live/Work 230 74 217 217 434 6 27 33 26 13 38 Restaurants 931 2t.900 SF 985 985 1970 12 5 18 110 54 164 Retail 820 10.800 SF 232 232 464 7 5 11 20 21 41 Market 850 25,000 1278 1278 2556 50 32 81 133 128 261 Total 3204 3204 6408 88 130 217 348 245 591 TABLE 3 PROJECT TRIP GENERATION 2.000 SO,FT. ADDITIONAL RESTAURANT AREA/WITHOUT 2.000 SO,IT. BLACK BOX THEATER . ITE Trip Generation Land Use Code Size Dailv AM Peak Hour PM Peak Hour In Out Total In Out Total In Out Total Townhomes 230 168 492 492 984 13 61 74 59 29 87 Live/Work 230 74 217 217 434 6 27 33 26 13 38 Restaurants 931 23.900 SF 1075 1075 2150 13 6 20 120 22 179 Retail 820 8,800 SF 189 189 378 6 4 9 16 17 33 Market 850 25,000 1278 1278 2556 50 32 81 133 128 261 Total 3251 3251 6502 88 130 217 354 246 598 EVALUATION OF REDUCED RESIDENTIAL UNITS Through the Final EIR process the overall amount dwelling units proposed for the project was reduced. A 2-acre parcel of the project site was rezoned to one dwelling unit per acre, resulting in a reduction of 53 residential units. Additionally 2 live/work units were eliminated as result of refinement of the site plan. The total amount of residential units proposed on the project site would be 187 residential units. Because the overall number of units would be reduced, no additional impacts to the environment would occur beyond what was analyzed in the DEIR under the original project description. Additionally, the reduced amount of residential units would not increase the severity of impacts identified in the DEIR. In response to the amended project description, the following sections of the City Place EIR have been amended. ES,1 C:IDocuments and Settings~BKaufman\Local SettžngslTemporary Internet FileslOLKBICity Place Council Change Clarifications. doc C-3 January 2005 Resolution 2005-016 Page 7 of 53 City Place Focused Environmental Impact Report Responses to Comments The following replaces by reference the I" paragraph on page ES-l of the City Place EIR to clarify the amended proj ect description. The project proposes a mixed-use development with a total 57,700 square feet of commercial uses, 72 live/work residential units, 113 town homes and 2 single-family dwellings. ES.4 Description of the Proposed Project The following replaces by reference the 4'h paragraph on page ES-l of the City Place EIR to clarify the amended project description. The proposed project is a mixed-use project. The project consists of 57,700 square feet of commercial uses, consisting of 23,700 square feet ofrestaurant uses, 7,000 square feet of retail uses, a 25,000 square foot market, 2,000 SQuare feet of retail or restaurant area and 72 live/work residential units, 113 town homes and 2 single family dwellings. An internal loop road, Crescent Road, through the project site would separate the commercial and residential components of the project. Table ES-l provides a summary of the proposed development. TABLE ES-l LAND USE STATISTICAL SUMMARY LAND USE ACRES DWELLING GROSS SQUARE UNITS FEET Residentiat 9.96 Town Homes 113 LivelW ork Units 72 Sin.;!e Familv Dwellings 2 Residential Subtotal 187 Commercial 6.0t Restaurant 21,900 Retail 33,800 Retail or Restaurant 2.000 Commercial Subtotal 57,700 Private Streets 1.75 Total 17.72 187 57,700 Section 2.2.2 Project Description The following replaces by reference the 2nd sentence on the ¡" paragraph on page 2-3 of the City Place EIR to clarify the amended project description. The project consists of 57,700 square feet of commercial uses, consisting of 23,700 square feet of restaurant uses, 7,000 square feet ofretail uses, a 25,000 square foot market, 2,000 square feet of retail or restaurant area and 72 live/work residential units, 113 town homes and 2 single family dwellings C:\Documents and SettingslBKaufman\Local SettingslTemporary lnternet FileslOLKBICity Place Council Change Clarifications. doc C-4 January 2005 Resolution 2005-016 Page 8 of 53 . . . City Place Focused Environmental Impact Report Responses to Comments TABLE ES-I LAND USE STATISTICAL SUMMARY LAND USE ACRES DWELLING GROSSSQUARE UNITS FEET Residential 9.96 Town Homes 113 Live/Work Units 72 Single Pamil" Residential 2 Residential Subtotal 187 Commercial 6.01 Restaurant 21,900 Retail 33,800 Retail or Restaurant 2.000 Commercial Subtotal 57,700 Private Streets 1.75 Total 17.72 187 57,700 Section 2.2.2.1 LivelWork, Town Home and Single Family Residential Uses Tbe following replaces by reference the discussion of proposed residential uses on page 2-6 of the City Place EIR to clarify the amended project description. A total of 72 live/work loft residential units would be provided along Crescent Road and Main Street on the project site. A total of 113 town homes would be provided east of the proposed live/work residential units, as sbown on Figure 2.2.2. Two, three and four bedroom units would be provided, ranging in size fj-om 1,050 to 2,570 square feet. The town homes would be a maximum of36 feet high. A combination of two car, tandem and one and two car split garages would be provided for these town homes. A total of2 single family dwellings are orooosed in the northeaster area of he oroject site. At this time no soecific design bas been orooosed. Section 2.2.2.2 Commercial Uses The fol1owing replaces by reference the listing of commercial components of the project on page 2-6 of the City Place EIR to clarify the amended project description. The commercial component of the proposed City Place project would be on the west part of the project site, west and south of Crescent Road. As shown in Figure 2.2-2, the following commercial uses would be provided. C.-\Documents and Settings\BKaufmanILocal SettingslTemporary Internet Fi/e:;IOLKB\City Place Council Change Clarifications. doc C-5 January 2005 Resolution 2005-016 Page 9 of 53 City Place Focused Environmental Impact Report Responses to Comments . Three 7,900 square foot restaurant pads fronting on Main Street. . A 25,000 square foot market . 7,000 square feet of retail uses . 2,000 square feet of retail or restaurant area SECTION 4.0 EXISTING CONDITIONS, IMPACTS AND MITIGATION MEASURES Section 4.3 Air Quality Section 4.3.4,2 Sensitiye Receptors The following replaces the second sentence on page 4.3.8 of the City Place EIR by reference to clarify sensitive receptors near the project site. Sensitive land use receptors in the vicinity of the project site include an elder care facility east of tbe project site, Santiago Park and the Park Santiago Neighborhood to the south and a residential condominium complex to the north ofthe site on Town and Country Road. Section 4.3.8.1 Construction Phase The following dust control measure bas been incorporated as mitigation AQ-5a to adhere to Rule 403 and new regulations which become effective after January 1,2005: AO-5a After January I. 2005, no person shall conduct an active operation with a disturbed surface area of five or more acres. or with a daily imoort or export of 100 cubic yards or more of bulk material without utilizing at least one of the measures listed in subparagraohs (d)(5)(A) through (d)(5)(E) at each vehicle egress from the site to a oaved public road. (A) Install a Dad consisting of washed gravel (minimum-size: one inch) maintained in a clean condition to a deoth of at least six inches and extending at least 30 feet wide and at least 50 feet long. (B) Pave the surface extending at least 100 feet and at least 20 feet wide. (C) Utilize a wheel shaker/wheel soreading device consisting of raised dividers (rails. oioe. or grates) at least 24 feet long and 10 feet wide to remove bulk material fj-om tires and vehicle undercarriages before vehicles exit the site. Install and utiJize a wheel washing svstem to remove bulk material fj-om tires and vehicle undercarriages before vehicles exit the site. (D) C:\Documents and Settings\BKaufmanlLocal SettingslTemporary Internet FileslOLKB\Cily Place Council Change Clarifications. doc C-6 January 2005 Resolution 2005-016 Page 10 of 53 City Place Focu$ed Environmental Impact Report Re5ponses to Comments . (E) Any other control measures aooroved by the Executive Officer and the U.S. EPA as ecuivalent to the actions specified in suboaragraohs (d)(5)(A) through (d)(5)(D). The following language has been incorporated into mitigation measure quality issues during construction activities during first stage smog alerts. AQ-4 to address air AQ-4 All grading activities shall be scheduled to avoid first stage smog alerts. All grading activities that result in dust generation shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if dust is being transported to off-site locations and cannot be controlled by watering. Section 4.7.5.1 Construction Noise The following mitigation measure has been incorporated reduce potential construction related noise impacts. into the City Place EIR to further N-6 Construction ooerations for the orooosed oroiect shall be limited to 7:30 AM to 4:30 PM. Monday through Saturday, and no construction ooerations on Sunday or Federal Holidays. . Section 4.8 Parks and Recreation The following discussion has been incorporated into project would meet its public open space requirement. the City Place EIR to clarify how the Through the oroposed proiect's Develooment Agreement. the oroiect's oublic open soace requirements would be met through the oavrnent of in-lieu fees. The in-lieu fees would be directed to Santiago Park to fund new oark imorovements or maintain existing Dark facilities. Santiago Park would provide park and recreation oooortunities to residents of tbe City Place oroject. To access Santiago Park from the City Place oroject site. residents would need to cross Memorv Lane, a six lane maior arterial. The only crossings to Santiago Park would be at the intersection of Main StreetlMemorv and Lawson Wav/Memorv Lane. To facilitate pedestrian access for residents of the City Place oroiect to Santiago Park, a signalized pedestrian mid-block crossing should be provided on Memorv Lane. between the City Place oroiect and Santiago Park. Section 4.8.5 Parks and Recreation Mitigation Measure The following mitigation measure bas been incorporated into the City Place EIR to further minimize park and recreation impacts. C:\Documents and Set/ings\BKaufman\Local SettingslTemporary Internet Files\OLKBICity Place Council Change Clarifications. doc C-7 January 2005 Resolution 2005-016 Page 11 of 53 City Place Focused Environmental lmpact Report Responses to Comments P-4 Prior to the issuance of the first certificate of occuoancy oermit. the apolicant shall fully pay to install a signalized pedestrian mid-block crossing on Memorv Lane from the Citv Place proiect to Santiago Park. Section 4.9 Transportation and Circulation The following discussion regarding short-term construction related traffic impacts has been incorporated into the Draft EIR. Construction activities for City Place will bave no significant imoact on traffic patterns and LOS. City Place will be built in phases beginning with the retail/commercial develooment and concluding with the residential develooment. If constructed in one ohase, the expected amount of daily trios generated by construction activities will be 128 daily trips. The 128 daily trios reoresent about 2.4 percent of the 5.412 daily trios generated when City Place is at full occuoancy. Even if 64 (half of 128) of those trios occurred during either AM or PM peak hour, the imoact would not be considered significant based on the current ooerating levels on the road segments and intersections. In addition, significant impacts in 2006 (Main Street/La Veta Avenue and Memorv Lane/Lawson Way) were mitigated to less than significant levels as reported in Section 4.9.6.1 and 4.9.6.4 oftbe DEIR. Significant impacts in 2025 are outside of the construction activities timeftame. Appendix F Water Quality Management Plan Section 2.0 Project Description The following replaces the third sentence on page 5 of the City Place EIR Appendix F. The revised site will be comprised of a mixed-use development with approximately 57,700 square feet of commercia! and 414,132 square feet of residential units. C..\Documents and SettingslJJKaufmanlLocal SettingslTemporary Internet FileslOLKBICity Place Council Change Clarifications. doc C-8 January 2005 Resolution 2005-016 Page 12 of 53 " ...-_u. -......--u . -....-------L-8 . _.........___..'.~...i_~_~'~_:_~ i.! ; , .-.." City Place Mitigation Monitorinf! Prof!ram MITIGA nON MONITOIUNG PROGRAM FOR THE CITY PLACE PROJECT Mitigation Measure Implementation Responsible Schedule Deoartment Aesthetic5 There are no si!!nificant adverse aesthetics iron"acts and no miti~ation is required. Air Oualitv AQ-I All tmcks hauling dirt, sand, soil or other loose materials off site shatl be covered or During aU site preparation. Executive Director of the wetted or shall maintain at least two feet of freeboard (Le., minimum vertical distance grading and construction. PßA or his/her designee. between the top of the load and the top of the trailer). Incorporated into notes on I plans. AQ-2 Streets shall be swept hourly if visible so it materi:ll has been carried onto adjacent public paved roads (reclaimed water shall be used if3vailable.) m X ::r: AQ-3 All aClive sites shall be walered at least twice daily. aJ - AQ-4 All grading activities shall be scheduled to avoid first stage smog alerts. All grading activities that resuh in dust generation shall cease during second stage smog alerts and I:rJ perjods of high winds (i.e" greater than 25 mph) if dust is being transported to off-site locations and cannot be control1ed by watering. AQ-5 The developer shall use zero Volatile Organic Compounds (VQC) content ufchitectural coatings during the construction of the project to the maximum extent feasible. This measure witl reduce VOC (ROG) emissions by 95 percent over convention architectural coatings. The foHowing websites provide lists of manufacturers of zero VOC content coatings: hltp://www .3(1 md.l!ovlbllsinesslhrochureslzerovoc.html ;U hltp:/lwww.dcl ta-institute.om/nllblications/oaints. f)(. r '" U> 0 hup;/lwww .cleanai fCQunts.ori!/faclsllcelsfl'S%20PD f'/Lo\V',Io20VOC',.{)20Pa int. oct r E ""C!:::!: IUD "''' "'IV ~o ",0 o'f -0 "'~ ",m F:\PROJ-ENVlCiIY Ploce\RTC - ReportlMitigolioll MOllitorillg PIG/uloc MM-2 )(//I//lJry 2()()5 . Ci/ll Place Miligation MQnitoring Program MITIGA nON MONITORING PROGRAM FOR THE CITY PLACE PROJECT -c;u mro Mitigation Measure Implementation Responsible <D.. roo Schedule Deoartment ~c: .þ.= AQ-5a After January I, 2005, no person shall conduct an active operation with a disturbed 00 _:J surface area of five or more acres, or with a daily import or export of 100 cubic yards or ",,,, ",0 more of bulk material without utilizing at least one of the measures listed in 0 '" subparagraphs (d)(5XA) through (d)(5)(E) at each vehicle egress from the site to a paved , o . public road. ~ - <J) (A) 'Install a pad consisting of washed gravel (minimum.size: one inch) maintained in a clean condition to a depth of at least six inches and extending at least 30 feet wide and at least 50 feet long. (ß) Pave the surface extending at least 100 feet and at least 20 feet wide. (C) Utilize a wheel shaker/wheel spreading device consisting of raised dividers (rails, pipe, or grates) at least 24 feet long and 10 feet wide to remove bulk material from tires and vehicle undercarriages before vehicles exit the site. (D) Install and utilize a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the site. (E) Any other control measures approved by the Executive Officer and the U.S. EP A as equivaleut to the actions specified in subparagraphs (d)(5)(A) through Id1!5\(D). AQ-6 The project applicant will be required to name a construction relations officer to act as OJ community liaison concerning on site construction activity, including resolution of issues related to dust generation from grading/paving activitìes. AQ-7 The project shall comply with SCAQMD Rule 402 - Nuisances in the Siting of Trash Bins and Exhausts of Restauranl Cooking Fumes. Cull ural Resources C-l If buried cultural material is encountered during project construction, the construction During all site preparation, Executive Director of the contractor shall immedialely stop work and the City Environmental Coordinator shall be grading and construction. PBA or hislher designee. contacted for appropriate action. F:\PROJ-ENV\Ciry Place\RTC - Report\MWgatioll Monitoring Plan.doc MM-3 Januarv 2005 ;u m '" 0 ¡: "'Ui::!: .,0 "'OJ m", ~o ,"0 o'f -0 '"~ "'''' ..e---- . Cìty Place Mil~~atiOf! Monitoring Program _h____~~._.." MITIGATION MONITORING PROGRAM FOR THE CITY PLACE PROJECT Mitìgation Measure C-2 If human remains are encountered during construction activities, work shall cease and the Orange County Coroner's Office and the Native American Heritage Commission shall be notified. A course ofacrion will be agreed upon regarding the treatment of said remains with the Orange County Coroner's Office or in compliance with the Native American Graves Prolection and Repatriation Act (NAGPRA) and the Native American Heritage Conunission if the remains are determined to of Native American origin. Thís process can involve, but is not limited to re.intennent of said remains 00- or if site, donation to museums or schools for the promotion of archaeological body of record or other arrangements as agreed upon by the consnlt3tion process with the Native American descendents or their representative. H-t Hazards and Hazardous Materials A special disclosure statement oflhe presence or the jet fuel line is required to be included in aU subdivision maps and deeds associated with the project sile. W-I - I-Ivdroloev and 'Vater Qualit Prior to issllanc~ of grading pennils, the OIpplicant shall submit a linal drainage plan identifying the exact size nod locntion of drainage facilities. W"2 The applicant shall construct facilities on the project site to transport storm water from the site to the City's drainage facilities. All such f3cilities will be subject to the review and approval of the City Engineer and shall be installed prior to the issuance of occupancy permils. W-3 for Construction (SWPPP): Prior 10 the,commencement ofsoi1 disturbing activities. the project proponent shall submit for approval to the RWQCD, a Notice of Intent 10 be covered under the Storm Water Pennit. Additionally, the project proponent shall prepare a SWPPP which will require implementation of Best Management Practices (BMPs). The project proponent shall implement the SWPPP and will modify the SWPPP as directed by the Storm Water Pemùt. These provisions shatl be included in the plan notes. TI1e SWPPP shall include all of or a combin<llion of specific DMPs as follows: a} Sediment for areas dishtrbed by construction shall be retained on site using stnlctnrat controls such as sandbags, fencin~ or retention oonds. F:IPRO.!-RNV\Cif)' Plnc('IRTC - Rt!{mrfIMifiga/ioll Mnllitorillg Plmr.doc Jallllf1l)' 2005 Implementation Schedule During all site preparation. grading and construction. Prior to the issuance of certificates or use and OCCtlDanCy. Prior 10 the issuance of the grading permit. Prior to the issuance of the occupancy permit Prior to the issuance of the grading permit. 8- Responsible Department Executjye Director of the PBA or hisfller designee. Executive Director of the PBA or his/her dcsîgnee. Executive Director o1'the Public Works or hislher designee. Executive Director of the" Public Works or hislher designee. Executive Director orthe Public Works or hislher designee. MM-4 -. Citv Place Milij{atÙJII MUflitorillg Prof:mm MITIGATION MONITORING PROGRAM FOR THE CITY I'LACE PROJECT -a;tJ '"<D Mitigation Measure Implementation Responsible CD", <DO Schedule Dcnartl11cnt ~C 0>'" b) Stockpiles of soil shall be properly contained to eliminate or reduce sediment 00 ~i transport from the site to d1C streets, drainage facilities or adjacent properties via nmofT, vehicle tracking or wind. c) Appropriate BMPs for construction-related materials, wastes, spills or residues shall ë be implemented to mitúmize transport for the site to streets, drainage faeilities or adjoitúng properties. d) Runoff from equipment and vehicle washing shall be contained at construction sites unless treated to reduce or remove sediment and other pollutants. e) AU construction contractor and subcontractor personnel are to be made aware of the requ~ed BMPs and good housekeeping measures for the proje<:t site and any associated construction stnging areas. I) At the end of each day of construction activity, all construction debris and waste materials shall be collected and properly disposed of in trash or recycle bins. g) Any designated smoking area shaH have an <1ppropriatc cigarette waste receptacle Jhat is fitted to not allow cigarette butts to enter storm water or drains during raÎn or lùgh winds. All contractor and subcontractor personnel will be directed to dispose of cL2arette butts in these recentacles. For Post-Construction (WQMP): Prior to Ihe issuance of the Executive Director of the grading permit. PDA or his/her designee. W-4 Prior 10 finalizing design plans, a WQMP shall be prepared addressing post conslIUction starnl water runoff. This will consist primarily of structural BMPs addressing the. urban ronofT from the site. As part of Ule fuml design plans for Ule parking lo~ drainage for the parking area shall be filted with structural BMPs 10 reduce or eliminate urban runoff in the foml of catch basins wiU. filters (most likely Cossil) or oUler equivalent fi1tration device Umt arc regularly maintained and cleared so as to remain effective throughout the stann season. Regular clearing of large debris after a stann to shall be incorporated illto the ongoing maintenance program for Ule City Place project site. - F:\PROJ-ENVlCity PlocelRTC - ReportlMitigotion MOllitorillg PlolI.doc MM-5 .1(11"'(111' ?nn\ -~-_._.~--_.__.~-_._- -----, ......,.- ---....----...--- ..----.,--_.~...__._-_.,-_.- . erN Place Mitigation MoniJoring ProRram 'U OJ cc '" Mitigation Measure Implementation Responsible Schedule Denartment Noise N-I During an site preparation, gradìng and construction, the contTactor will be required to ensure Prior to issuance of grading Executive Director of the that an construction equipment is in proper operating conditîon and fitted with standard pennit. PBA or hislher designee, factory noise iltlenuation features. All equipment shall be properly maintained to assure that no additional noise, due to worn or improperly maintained parts, would be generated, N-2 During finai design, the applicant will prepare a traffic haul plan for review and approval by During Final Design Executive Director of the the City of Santa Ana. TIle contractor will be required to use only tIle approved haul routes to PW A or hislher designee, minimize exposure of sensitive receptors to potential adverse noise levels from hauling operations. N-) During all site preparation, grading and construction, the contractor will be required to site all During all site preparation, Executive Director of the construction staging and storage areas away from Lawson Way, to minimize noise impacts grading and constmction, PBA or hislher designee. on the senior citizen retirement facility on the east side of Lawson Way. N-4 Mechanical equipment shall be acoustically engineered, incorporating mufflers, Prior to issuance of Executive Director of the enclosures, parapets and/or other noise attenuation features. so that noise generated by the certificate of occupancy PDA or hislher designee. operation ofthis equipment does not exceed the applicable City noise standard at sensitive permit. receptor locations. N-5 Noise insulalion would be installed to ensure that California's Title 24 interior noise Prior to issuance of building Executive Director of the standard of 45 dßA CNEL is achieved for those residences abutting Main Street, Memory permit. PBA or hislher dcsignee. L3.ne and Lawson Way. llÜs noise insulation would include sound rnted doorways, wÎl\dows, baffiing and other measures to ensure compliance of the interior noise standard, An acoustic engineer shall be retained during the design and installation of the noise insulation to ensure the required level of noise attenuation meets interior noise standards. ~ An acoustical report shall be prepared and submitted to the City for approval identifying (J> the building materials need to meet Title 24 Interior Noise Standards. 0 E - N-6 COllstnlction operations for the proposed project shan be limited 7:30 AM to 4:30 PM, o. During all site preparation, Executive Director of the ::J Monday through Saturday, and no constmction operations on Sunday or Federa1 Holidays. grading and construction. PßA or hislher designee. '" ~ MITIGATION MONITORING PROGRAM FOR THE CITY PLACE PROJECT ~ ""'0 0'1' -0 "'~ <..>0> F:iPIWJ-ENVlCif" PlllcelRTC - ReportlMifigatioll Moni/oring PlmuJoc "".""",")(]fI, MM-6 Ci~J' P/(J(.'f! Mitigatioll Monitoring Program MITIGATION MONITORING PROGRAM FOR TIlE CITY PLACE PROJECT -U;U D>CD (CO> CDO ~E co~ 00 _:0 ",,,, ",0 0 '" b ~ m Mitigation Measure Implementation Responsible Schedule Dcnartment Public Services 1'-1 Prior to the issuance of occupancy pennits the Applicant shall coordinate with the City Prior 10 Ihe issuance of Cily of Santa Ana Police Police Department to prepare a Security Plan for Ihe commercial and residential building penuits. Department. . . components of the project. This Plan shall be subject to the review and approval of the - Police Department. The Plan shall address concerns related to visibility and adequate emergenéy access. Rcconunendations resulting from the project review by the City PoHcc Department would be incorporated into the project. 1'-2 Prior to the issuance of building permits the applicant shall demonstrate proof ofpaymel1t Prior to the issuance of Executive Director of the of development fees to Santa Ana School District and Orange Unified School District. building pemuts. pW A or his/her designee. 1'-3 Prior to the issuance of the fast certificate of occupancy permit, the proposed project shall Prior to the issuance of the Executive Director of the comply with the City's public dedication requirements either through provision of private first certificate of occupancy PW A or his/her designee. open space, public land dedicalion, fees or other vehicles accept3blc to the City. permit. 1'-4 Prior to the issuance of the first certificate of occupancy penuit, the applicant shall fully Prior to tile issuance ofthe Executive Director of the pay to install a signalized pedestrian mid-block crossing on Memory Lane from the City first certificate of occupancy PW A or hislhcr designee. Place project to Sanli3S!:0 Park. permit. Transportation Main Street and La Veta Avenue Intersection Prior to issuance of Executive Director of the certificate of occupancy PW A or hislber designee. T.l Prior to the issuance of certificate of occupancy permits, and subject to the approval of the pemtits. City of Orange, the applicant shall restripe the intersection of Main Street and La Veta A venue to provide an additional northbound through lane and convert the existing westbound right-turn lane to an optional thrulright hlfl11ane. T-2 Prior 10 the issuance of building permits, tbe applicant shall.pay Transportation Systcm Prior to issuance of Executive Director oftbc Impact Area fees to be deposited with the joint powcrs authority. certificate of occupancy PW A or hislher designee. oermils. Lawson Way Segment Prior to issuance of Executive Director of the certificate of occupancy PW A or his/her designee. T-3 Prior to issuance of Ihe certificate of occupancy pennits, the applicant shall coordinate peront. with the City of Orange for the removal of on street parking along Lawson Way between . Memory Lane and Town & Country Road. This will require approval from the City of Orange Traffic COInl1Ùssion. F:\PROJ-ENVlCiry PlacelRTC - Repal'lIMitigation Monitoring Plan.doc January 2005 MM-7 . . . City ~Lace MitiJ:otioll MonitorinR rrogram MITIGATION MONITORING PROGRAM FOR THE CITY PLACE PROJECT ;u CD <J> 0 E "'U!:!: mo (c" CD", ~o <DO o'!' -0 "'~ w'" Mitigation Measure Implementation Responsible Schedule Denartment T-4 Prior to issuance of certificate of occupancy permits, and subject to the City of Orange's ~rior to jssuance of Executive Director of the approval, the applicant shall restripe Lawson Way to provide two lanes in each direction certificate of occupancy PW A or hisnler designee. between Memory Lane and Town & Country Road. penni!. Lawson Way and Memory Lane Intersecrion Prior to issuance of Executive Director of the certificate of occupancy PW A or hislher designee. T-5 Prior to the issuance of certificate of occupancy permits, the applicant shall pay full costs permit. for a traffic si~nal at Memorv Lane and Lawson Way. Utili lies and Service Systems U-l The Applicant shall coordinate with the utility companies serving Ihe site to establish Prior to any site preparation, Executive Director of the service connections prior to construction. grading or construction. PDA or his/her designee. U-2 Any pre-existing underground utilities at the site shall be located prior to construction and During constntction. Executive Director of the abandoned or removed in accordance with state and local codes and regulations. Any PBA or hjs/her designee. utility trenches shall be backfilled under the observation and testing of the resident engineer or inspector. 0-3 The Applicant shall coordinate with SCE to incorporate energy savings programs in the Prior to any site preparation, Executive Director of the constntction and operalion of the City Place project to ensure that energy savings grading or construction. PEA or his/her designee. technologies are incorporated into the design and operation of the project. U-4 The Applicant shall coordinate with SCGC to incorporate energy savings programs in dIe Prior to any site preparation, Exe;;cutive Director of the construction and operation of the City Place project to ensure that energy savings grading or construction. PBA or hislher designee. teclUlologies are incorporated into the design and operation of the project. U-5 The Applicant shall pay its fair share of necessary telephone improvements including a Prior to any site preparation, Executive Director of the main conduit structure to bring Hnes into the project site. Coordination with SBC during grading or construction. PBA or hislher designee. the development stage would fàcilitate service connection. Land Use There are no sÍimHicant adverse land use impacts and no mitieation is reauired. GeoloPv G-I Prior to the issuance of grading pennits, the applicant shall submit a site specific Prior to Ihe issuance of Executive Director of the geotechnical report that addresses and identifies soil constraints on the project site~ grading permits. PW A or his/her designee. building loads, and design recoITll11endations to ensure the geotechnical stabiJity of the Droiect. F:\PROJ-£NVlCit)' PlacelRTC - ReportlMitigati01r MOlliJorillg PLan.tIoc r,.,,,,,,,.., "nn'i MM-8 ('if)' Pla('(' Miliwr/ÙIII }!~)JIit(J,.iug Program MITIGATION MONITORING PROGRAM FOR TilE CITY PLACE PROJECT "U1oJ 11>", CCu> "'0 "'Sf G.2 0-- 0 2,:> ",,,, "'c S Mitigation Measure I Implementation Schedule Prior to the issuance of grading permits. I Responsible Deparhncnt Executive Director of the PW A or his/her designee. Prior to the issuance of grading permits, the applicant shall submit a site specific geoteclmical report that addresses and identifies the seismic constraints and characteristics on the project site, building loads and design recommcndations to reduce the potential seismic impacts to a level less that significant. 6 ~ (J) F:\PROJ-ENMCity Place1RTC - ReporrlMitigalioll MOlliluriug Pla".doc January 2005 MM-9 . City Place Focused Environmental Impact Report Findings and Facts in Support of Findings CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT, FINDINGS AND APPROVALS FOR THECITY PLACE PROJECT 1.0 CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT Pursuant to California Code of Regulations (CCR), Title 14, Section 15090, the City of Santa Ana hereby certifies the Final Environmental Impact Report ER-2004-01, State Clearinghouse No. 20040418 for the City Place project. The Final EIR was completed in compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq and the State CEQA Guidelines, CCR, Title 14, Section 15000, et seq. The City certifies that it has been presented with the Final EIR and that it has reviewed and considered the information in the Final EIR prior to approving the City Place project, as set forth herein. The City further certifies that the Final EIR reflects the independent judgment and analysis of tbe City of Santa Ana. The Final EIR consists of the Draft EIR, the Responses to Comments Report and the project Mitigation Monitoring Program (MMP). 2.0 FINDINGS Having received, reviewed and considered the information in the record before it, including the Final EIR, wbich is hereby incorporated by reference, the following Findings are hereby adopted by the City as required by CEQA (specificaUy, CCR, Title 14, Sections 15091 through 15093) in conjunction with the approval of the project, wbich is set forth below. . The City is the Lead Agency for the environmental documentation for the project evaluated in the Final EIR. Based on the substantial evidence in the record before it, the City finds that the Draft and Final EIRs were prepared in compliance with CEQA and the CEQA Guidelines. The City fmds that the Draft EIR was prepared by consultants retained by City staff, subj ect to independent review and judgment of the City. The City finds that it has independently reviewed and analyzed tbe Draft EIR and the Final EIR for the City Place project, that the Draft EIR which was circulated for public review reflected its independent judgment and tbat the Final EIR reflects the independent judgment of the City. The City has based its actions on full appraisal of aU viewpoints, including aU comments received up to the date of the adoption of these Findings, concerning the potential environmental impacts identified and analyzed in the Final EIR. In addition, the City has reviewed and considered the MMP, which is contained in the Final EIR and which describes the process to ensure jmplementation of the mitigation measures that have been incorporated in the approved project to reduce or avoid significant adverse impacts of the project on the environment. This MMP will ensure CEQA compliance during project implementation. 3.0 ENVIRONMENTAL REVIEW PROCESS 3.1 PROJECT BACKGROUND AND OBJECTIVES . C:\Documents and SettingslBKaufmanILocal Set/ings\Temporary internet Files\OLKBICity PÚlce fi"ndinf!!i..4w:- September 29 2004 ResOlution LOUb-016 . Page 21 of 53 EXHIBIT C Page City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The City Place project site is in the northeast part of the City of Santa Ana and is generally bounded by Main Street to the west, Lawson Way to the east, Memory Lane to the south and Town and Country Street to the north. The City of Orange borders the project site to the north. Local access to the proj ect site would be provided from Main Street and Memory Lane. Regional access to the project site would be provided by Interstate 5 (1-5) to the south and State Route 22 (SR 22) to the north. TransAction Companies, Ltd. is proposing the City Place project on the 17.7-acre project site. Tbe project proposes a mixed use development with a total of 57,700 square feet of commercial uses, consisting of 21,900 square feet of restaurant uses, 33,800 square feet of retail uses, 2,000 square feet of restaurant/retail, 74 live/work residential units and 168 town homes. An internal loop road, Crescent Road, through the project site would separate the commercial and residential components 0 f the proj ect. The objectiyes for the City Place project are to: . Develop the site as a commercial and residential center tbat provides entertainment, sbopping, dining and living opportunities for the residents of Santa Ana and surrounding areas, and that maximizes the advantages of tbe sites location on Main Street in terms of its visibility and proximity to SR 22. . Develop the vacant project site with land uses to help meet the retail and residential needs within the northeastern area of the City of Santa Ana. . Expand live/work residential opportunities in the City of Santa Ana. . Provide commercial space suitable to attract retail tenants consistent with existing retail uses in the immediately surrounding areas. . Provide a project that is consistent with the commercial and residential uses in the surrounding area and to contribute to the continued revitalization ofthe northeastern area of the City of Santa Ana. The City of Santa Ana is the Lead Agency for the EIR, as defined by Section 21067 ofCEQA. The City of Santa Ana has detennined that tbe EIR is required for the City Place project pursuant to Section 15063 of the CEQA Guidelines to assess the potential impacts resulting ftom approval of the project and other discretionary actions necessary for its implementation. This EIR is intended to serve as a project EIR for the City Place site plan approval and other related implementation actions. To implement the project, the City and/or other public agencies may consider various actions, pennits and approvals. Other agencies may also consider the EIR in the review of project permits or other actions. The potential actions, permits and approvals for the proposed project are anticipated to include the following: C:\Documents and Settings lBKaufman \Local SettingslTemporary In/ernet Fi/esIOLKBICity Placefindings.doc Page. Page 22 of 53 . City Place Focused Environmental Impact Report Findings and Facts in Support oj Findings . Amendment to Specific Development Plan SD-58 to modify the adopted SD-58 to reflect the proposed commercial and residential uses and establish site development standards and parking requirements for the project. . Conditional Use Pennit for the proposed live/work units. . Tentative Tract Map for condominium purposes. . Approval of a Development Agreement 3.2 DRAFT ENVIRONMENTAL IMPACT REPORT 3.2.1 Initial Study and Notice of Preparation The City of Santa Ana distributed a Notice of Preparation (NOP) of an EIR and an Initial Study (IS) for the City Place project on July 5, 2004, for a 30-day review period. The NaP/IS was distributed to the State Clearinghouse Office of Planning and Research, public agencies, utility and service providers, homeowners' associations and other interested parties in the project area. The NOP/IS is provided in Appendix A of the EIR. The distribution list for tbe NaP/IS is provided in Appendix B ofthe EIR. . The City of Santa Ana received nine written responses to the Nap. Copies of these comment letters are provided in Appendix C ofthe EIR. 3.2.2 Scoping Meeting The City of Santa Ana conducted a public scoping meeting for the City Place project on July 28, 2004. The meeting was held ITOm 5:30 PM to 7:00 PM, at the City of Santa Ana City Council Chambers, in the Santa Ana Civic Center. The notice of the scoping meeting was included in the Project NOP. A copy of the NOP scoping notice is provided in Appendix B in the EIR. Approximately eight individuals attended the scoping meeting. Five of the attendees submitted comment cards indicating the desire to be kept infonned of future actions/activities concerning the City Place project. These cards are included in Appendix C in the EIR. Based on the findings of the IS and public input provided in response to the NOP, the Draft EIR evaluated the fol!owing environmental issues: aesthetics; air quality; cultural resources; hazardous materials; hydrology and water quality; noise; public services; transportation and circulation; land use; and utilities and service systems. 3.2.3 Draft EIR Circulation of the Draft EIR Tbe City of Santa Ana circulated the Draft EIR for the City Place Project for public review between October 15, 2004 and November 29, 2004. The Responses to Comments Report (RTC) documents the public review and comment period for the Draft EIR. The Notice of Completion . C:\Documents and SettingslBKaufmanlLoca/ SettingslTemporary Internet FileslOLKBICity Pwce fi!nd.in¡r,s.doc September 29.2004 Resblutior'\ 2005-016 Page 23 of 53 Page. City Place Focw'ed Environmental Impact Report Findings and Facts in Support of Findings and the Notice of Ayailability (NOA) for the Draft EIR are provided in Appendix A oftbe RTC Report. The NOA was published in the Orange County Register on October 15, 2004, posted on the project site and filed with the Orange County Clerk. The distribution list for the Draft EIR is provided in Appendix B in the RTC Report. The written comments received on the Draft EIR included comment letters and written comments proyided to the Planning Commission during the public hearing. Written comments on the Draft EIR for the City Place project were received fj-om the following: State, Regional and Local Agencies California Department of Transportation Governor's Office of Planning and Research Southern California Association of Government Orange County Transportation Authority City ofIrvine City of Orange Businesses, Grouos and Organizations Park Santiago Neighborhood Association Draft EIR Committee Members of the General Public Jeff Dickman Philip Scbwab Planning Commission Public Hearing A public hearing was held on the Draft EIR for the City Place project as part of the regularly scheduled October 25, 2004 City of Santa Ana Planning Commission meeting. Tbis meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to receive public comments on the Draft EIR. Appendix D in the RTC Report provides a list of all tbe persons wbo spoke at the Planning Commission public hearing. The transcript from the public hearing is also provided in the R TC Report. Second Planning Commission Public Hearing A second public hearing with the Santa Ana Planning Commission was held on the Draft EIR for the City P1ace project on December 13, 2004. This meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to review response to comments on the Draft EIR and to receive additional public comments on the Draft EIR At the conclusion ofthe meeting, the Santa Ana Planning Commission recommended the City Council certify the Draft EIR for the City place project. Appendix E in the RTC Report provides a list of all the persons who spoke at the Planning Commission public hearing. The transcript fj-om the public bearing is also provided in the R TC Report. C:\Documents and SettingsIBKaufmanlLocal SettingslTempcrary Internet FileslOLKBICiry Placefindings.doc p'age 24 of 53 Page . City Place Focused Enllironmentallmpact Report Findings and Facts in Support of Findings Written Resoonses to Written Comments and Inout fj-om the Planning Commission Public Hearing The City eyaluated the comments on environmental issues received from persons who reviewed the EIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised in these comments. As required by CEQA, the City has provided to each of the public agencies that commented on the Draft EIR responses to the comments received fj-om tbat agency at least ten days prior to the certification of the Final EIR. The Final EIR provided adequate, good faitb and reasoned responses to the comments. Pursuant to Section 15088.5 of the CEQA Guidelines, a lead agency is required to recirculate an EIR wben significant new information is added to tbe EIR after the Notice of Availability is given, but before certification. The term "information" specifically includes: (i) Changes to the project, (ii) Changes in the environmentaI setting or (iii)Additional new data or other information. . Section 15088.5 of the CEQA Guidelines further provides that". . .new information added to an EIR is not "significant" unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement." The City has reyiewed the comments receiyed on the Draft EIR and tbe responses to those comments as well as otber text changes and references that have been incorporated into the Final EIR. Since the release of tbe Draft EIR for public review, there bave been no changes to the project; no changes in the environmental setting; and no additional data or information were added to the EIR which would deprive the public of a meaningfuI opportunity to comment on the project. Therefore, having reviewed the information contained in the Draft and Final EIRs and in the administrative record, as well as the requirements under Section 15088.5 of the CEQA Guidelines regarding recirculation of draft EIRs, the City hereby finds that there is no new significant information and no need to recirculate the EIR. Therefore, the Final EIR bas been prepared and considered by the City. 3.2 FINAL ENVIRONMENTAL IMP ACT REPORT The City has prepared a Final EIR for the City Place project. In accordance with the requirements ofCEQA and the CEQA Guidelines, the Final EIR consists of: ( a) The Draft EIR; (b) Comments and recommendations received on the Draft EIR, provided in the RTC Report; . C:\Documents and SettingslBKaufmanlLocal Settings I Temporary internet Fi/esIOLKBICity Place findings. doc September 29.2004 ResólutlorT 2005-016 Page 25 of 53 Page. City Place Focused Environmental Impact Report Findings and Facts in Support of Findings (c) A list of persons, organizations and public agencies commenting on the Draft EIR, provided in the R TC Report; (d) The City's responses to the comments received on tbe Draft EIR, provided in the RTC Report; (e) The Final MMP and (I) Other information added by the City, including all documents incorporated by reference. 4.0 PROJECT IMPACTS AND DISPOSITION OF RELATED MITGATION MEASURES IDENTIFIED IN THE FINAL EIR The analysis in the Final EIR identifies all the significant adverse environmental impacts of the City Place project. All the mitigation measures identified in the Final EIR are included in the project approval and are made conditions of the City Place project. The following Findings are made with respect to each significant adverse environmental impact oftbe City Place project. In addition, the following Findings proyide a description of the potential adverse impacts of the project and the mitigation measures in support of the Findings. Potentially significant adverse impacts of a project can be divided into two categories: . Potentially significant adverse impacts, which can be mitigated to below a level of significance, based on implementation of identified project enhancement measures, project mitigation measures and/or City of Santa Ana standard conditions of approval. . Potentially significant adverse impacts wbich can be partially mitigated, but not to below a level of significance. As described later in these Findings, the City Place proj ect will result in some significant adverse impacts, which cannot be mitigated to below a level of significance. For each potentially significant adverse impact of the City Place project, one of the following findings must be made, including tbe provision of facts supporting each finding: . Changes or alterations have been required in, or incorporated into, the project wbich avoid or substantially lessen the significant environmental effect as identified in the EIR. . Such changes or alterations are within the responsibility and jurisdiction of anotber 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, legal, social, technological or other considerations, make infeasible tbe mitigation measures or project alternatives identified in the Final ErR. C:\Documents and Settings\BKaufmanlLocal Setlings\Temporary Internet Files\OLKB\City Placefindings.doc Pag ... Páge 26 of 53 . City Place Focused Environmental lmpact Report Findings and Facts in Support of Findings 4.1 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE CITY PLACE PROJECT WHICH CANNOT BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the City Place project, whicb cannot be mitigated to below a level of significance are described in this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the City Place project would not be mitigated to below a level of significance, after implementation of the project mitigation measures. A Statement of Overriding Considerations (SOC) has been prepared to address these unavoidable significant adverse impacts of the City Place project, as described later in Section 7.0 (Statement of Overriding Considerations). 4.1.1 Impacts Related to Short Tenn Air Quality Impacts Potentially Significant Adverse Imoact Related to Short- Tenn Construction NO, Emissions As described in Section 4.3 in the EIR, the City Place project will result in significant adverse short-tenn nitrogen oxides (NOx) emissions as a result of the use of construction equipment vehicle exhaust. Finding Related to Construction NO. Emissions . Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Suoport of the Finding Related to Construction NO, Emissions There are no feasible mitigation measures to substantially reduce NOx emissions during construction. Therefore, the significant adverse impact during construction of the City Place project related to NOx emissions cannot be reduced to below a level of significance. Compliance with the following project enhancement measures will lessen air quality impacts during construction. AQ-l All trucks hauling dirt, sand, soil or other loose materials off site shall be covered or wetted or shall maintain at least two feet of fTeeboard (i.e., minimum vertical distance between the top of the load and the top of the trailer). AQ-2 Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads (reclaimed water shall be used if available.) AQ-3 All active sites sball be watered at least twice daily. AQ-4 All grading activities shall be scheduled to avoid first stage smog alerts. All grading activities that result in dust generation shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if dust is being transported to off-site locations and cannot be controlled by watering. . C:\Documents and SettingslBKaufmanlLocal Settings I Temporary Internet Fi/esIOLKBICity Placefindings.doc September 29,2004 Resolution 2005-016 Page 27 of 53 Page City Place Focused Environmental Impact Report Findings and Facts in Support of Finding,}" AQ-6 The project applicant will be required to name a construction relations officer to act as a community liaison concerning on site construction activity, including resolution of issues related to dust generation from grading/paving activities. AQ-8 After January 1,2005, no person shall conduct an active operation with a disturbed surface area of five or more acres, or with a daily import or export of roo cubic yards of bulk material without utilizing at least one of the measures listed below. . Install a pad consisting of washed gravel (minimum-size: one inch) maintained in a clean condition to a depth of at least six inches and extending at least 30-feet wide and at least 50- feet long. . Pave the surface extending at least roO-feet and at least 20-feet wide. . Utilize a wbeel shaker/wheel spreading device consisting of raised dividers (rails, pipe, or grates) at least 24-feet long and 10-feet wide to remove bulk material ITOm tires and vehicle undercan1ages before vehicles exit the site. . Install and utilize a wbee] washing system to remove bulk material from tires and vehicle undercan1ages before vehicles exit the site. . Any other control measures approved by the Executive Officer and the U.S. EP A as equivalent to the actions specifies in subparagraphs (d)95)(A) through (d)(5)(D). Level of Significance ofImoacts Related to Construction NO. Emissions The short term adverse impacts of the City Place project related to NO. emISsIOns during construction cannot be mitigated to be]ow a level of significance. 4.1.2 Impacts Related to Long Term Air Quality Impacts Potentially SÜmificant Adverse ImDact Related to Long Term ûperational NO.. CO and ROG Emissions As described in Section 4.3 in the EIR, the operation of the City Place project will result in adverse air quality impacts related to regional NO.. carbon monoxide (CO) and reactive organic gases (ROG) emissions. Finding Related to Long Term Regional NO.. CO and ROG Emissions Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Suooort ofthe Finding Related to Long Term Regional NO" CO and ROG Emissions C:\Documents and SettingslBKaufmanlLoca/ Setlings\Temporary Internet Files\OLKBICity Place findings. doc Pagt-. Påge 28 of 53 . !. . City Place Focused Environmental Impact Report Findings and Facts in Support of Findings There are no feasible mitigation measures to substantially reduce NO" CO and ROG emissions during operation of the proposed proj ect. Therefore, the significant adverse impacts during operation of the City Place project re1ated to regional NO., CO and ROG emissions cannot be reduced to below a level of significance, Compliance with the fol1owing project enhancement measure will lessen air quality impacts AQ-7 Tbe project shall comply with SCAQMD Rule 402 - Nuisances in the Siting of Trash Bins and Exhausts of Restaurant Cooking Fumes. Level of Significance ofImoacts Related to Long Term Regional NO" CO and ROG Emissions The adverse operational impacts of the City Place project related to long term operational NO" CO and ROG emissions cannot be mitigated to below a level of significance. 4.L3 Cumulative Impacts Related to Air Quality Potential1y Significant Cumulative Adverse Imoact Related to Air Ouality As discussed above, tbe construction related NO, emissions of the proposed project and the operations related NO" ROG and CO emissions of the proposed project would exceed the applicable South Coast Air Quality Management District (SCAQMD) thresholds for these criteria pollutants. The impacts from the proposed project plus related cumulative projects would additionally contribute to cumulatively significant adverse emissions in the South Coast Air Basin (Basin), wbich is already a nonattainment area. This impact is significant and adverse and cannot be mitigated to below a level of significance. Regional programs to reach air quality goals and standards will be adhered to by the cumulative projects, reducing the impact. However, the incremental increase is considered significant and adverse when added to the existing nonattainment levels of the Basin. Finding Related to Cumulative Air Oualitv Specific economic, legal, social, technological or other consideration, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Supoort of the Finding Related to Cumulative Air Oualitv There are no feasible mitigation measures to substantial1y reduce NO, emissions during construction and regional NO., CO and ROG emissions during operation ofthe proposed project. Tberefore, the significant adverse air quality impacts during construction and operation of the City Place project cannot be reduced to below a level of significance. Therefore, tbe City Place project wil1 contribute cumulatively to adverse air quality impacts in the Basin. Level of Significance of Imoacts Related to Cumulative Air Ouality C:\Documents and SettingsIBKaufman\Local Se/tingslTemporary Internet Files\OLKB\Ciry Pwce firzdin~s.fin¡; September 29, 2004 Res'olut!on 20lJ5-016 Page 29 of 53 Page City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The contribution of the City Place project to cumulatively adverse impacts related to NO, emissions during construction and NO" CO and ROG emissions during operation cannot be mitigated to below a level of significance. 4.1.4 Impacts Related to Transportation Potentiallv Significant Adverse Imoacts To The Intersection of Main Street and 17th Street As described in Section 4.9 in the EIR, the long-term operation of the City Place project will result in significant adverse traffic impacts at the intersection of Main Street and l7'h Street. Finding Related to Impacts To The Intersection of Main Street and 17th Street Specific economic, legal, social, technological or other consideration, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Suoport of the Finding Related to Impacts To The Intersection of Main Street and l7'h Street As described in Section 4.9 of the EIR, there are no feasible mitigation measures to reduce project traffic impacts at the intersection of Main Street and 17th Street to a level that is less than significant. Level of Significance ofImpacts Related to Imoacts To The Intersection Of Main Street and 17th Street The proj ect traffic impacts at the intersection of Main Street and 17th Street cannot be mitigated to below a level of significance. 4.2 POTENTIALLY SIGNIFICANT ADVERSE IMP ACTS OF THE CITY PLACE PROJECT, WHICH CAN BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the City Place project, which can be mitigated to below a level of significance are described in this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the project would be mitigated to below a level of significance, after implementation of the identified project mitigation measures. 4.2.1 Impacts Related to Air Quality Potentiallv Significant Adverse Impacts Related to Short Tenn Air Ouality ImDacts During construction of tbe City Place project, ROG emissions from tbe application of arcbitectura] coatings would exceed the SCAQMD daily construction emission thresholds for ROG. C.-\Documents and Settings IBKaufman ILocal SettingslTemporary Internet FileslOLKBICily Place findings. doc Page 30 of 53 Pagt: . City Place Focused Environmental Impact Report Findings and Facts in Support afFindings Findings Related to Sbort Term Air Ouality Imoacts 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 EIR. Facts in Suoport ofthe Finding Related to Short Term Air Ouality Impacts Implementation of mitigation measure AQ-S, provided below, will substantially lessen the adverse impacts of the City Place project related to ROG emissions during construction, and will reduce this potentially significant adverse impact to below a level of significance. AQ-S The developer shall use zero Volatile Organic Compounds (VOC) content arcbitectural coatings during the construction of the project to the maximum extent feasible. This measure will reduce VOC (ROG) emissions by 95 percent over convention architectural coatings. The following websites provide lists of manufacturers of zero VOC content coatings: hllo://www.amnd.govlbusiness/brochures/zerovoc.html hllo:/ /www.delta-institute.orgfoublicationslpaints.odf hllo://www.cleanaircounts.orgffactsheetslFS%20PDFlLow%20VOC%20Paint.pdf Level of Significance ofImpacts Related to Short Term Air Oualitv Impacts . The adverse impacts of the City Place project related to ROG emissions during construction will be mitigated to below a level of significance based on the implementation of mitigation measure AQ-5. 4.2.2 Impacts Related to Impacts To Cultural Resources Potentially Significant Adverse Impacts Related to Cultural Resources As discussed in Section 4.4 in the EIR, there is potential that construction of the City Place project could have a significant adverse impact on unknown cultural resources which might exist on the project site. Findings Related to imoacts to Cultural Resources 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 EIR. Facts in Suooort ofthe Finding Related to Imoacts to Cultural Resources Implementation of mitigation measures C-l and C-2, provided below, will substantially lessen the adverse impacts of the City Place project related to cultural resources during construction, and will reduce this potentially significant adverse impact to below a level of significance. . C:\Documents and SettingslBKaufman\Local Setlings\Temporary Internet FilesIOLKB\Ciry Placefindings.doc September 29. 2004 Resolution 2005-016 Page 31 of 53 Page City Place Focused Env;ronmentallmpact Report Findings and Facts in Support of Findings C-I If buried cultural material is encountered during project construction, the construction contractor shall immediately stop work within immediate vicinity of tbe finding and the City's Environmental Coordinator shall be contacted for appropriate action. C-2 If human remains are encountered during construction activities, work shall cease and the Orange County Coroner's Office and the Native American Heritage Commission shall be notified. A course of action will be agreed upon regarding the treatment of said remains with the Orange County Coroner's Office or in compliance with the Native American Graves Protection and Repatriation Act (NAGPRA) and the Native American Heritage Commission if the remains are determined to of Native American origin. This process can involve, but is not limited to re-interment of said remains on- or ff site, donation to museums or schools for the promotion of archaeological body of record or other arrangements as agreed upon by the consultation process with the Native American descendents or their representative. Level of Significance ofImpacts Related to Cultural Resources The adverse impacts of the City Place project related to cultural resources during construction will be mitigated to below a level of significance based on the implementation of mitigation measures C-I, and C-2, provided above. 4.2.3 Impacts Related to Hydrology and Water Quality Potentiallv Significant Adverse Imoacts Related to Water Oualitv Impacts As discussed in Section 4.6 in the EIR, the construction and operation of the City Place project may result in the potential for significant adverse impacts to water quality associated with contaminants on the site being carried fTom the site in runoff. Findings Related to Water Ouality Impacts Changes or alterations haye been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Supoort of the Finding Related to Water Oualitv Impacts Implementation of mitigation measures W-3 during construction and W-4 during operation, provided below, wiU substantially lessen the adverse impacts of the City Place project related to water quaJity during construction, and will reduce this potentially significant adverse impact to below a level of significance. For Construction (Storm Water Pollution Prevention Plan (SWPPP) W-3 Prior to the commencement of soil disturbing activities, the project proponent sbaU submit for approval to the Regional Water Quality Control Board (RWQCB), a Notice of Intent to C:\Dnrument... and Settin,:s\BKaufmanlLocal Set/ings\Temporary Internet FileslOLKBICity Placefindings.doc Pagt: Påge 32 of 53 . City Place Focused Environmental Impact Report Findings and Facts in Support of Findings be covered under the Storm Water Permit. Additionally, the project proponent shall prepare a SWPPP wbich will require implementation of Best Management Practices (BMPs). The project proponent shall implement the SWPPP and will modify tbe SWPPP as directed by the Storm Water Permit. These provisions shall be included in the plan notes. The SWPPP shall include all of or a combination of specific BMPs as follows: a) Sediment for areas disturbed by construction shall be retained on site using structural controls sucb as sandbags, fencing or retention ponds. b) Stockpiles of soil shall be properly contained to eliminate or reduce sediment transport ITom the site to the streets, drainage facilities or adjacent properties via runoff, vehicle tracking or wind. c) Appropriate BMPs for construction-related materials, wastes, spills or residues shall be implemented to minimize transport for the site to streets, drainage facilities or adjoining properties. d) Runoff fj-om equipment and vehicle washing shall be contained at construction sites unless treated to reduce or remove sediment and otber pollutants. . e) AlJ construction contractor and subcontractor personnel are to be made aware of the required BMPs and good housekeeping measures for the project site and any associated construction staging areas. 1) At the end of each day of construction activity, all construction debris and waste materials shall be collected and properly disposed of in trash or recycle bins. g) Any designated smoking area shall have an appropriate cigarette waste receptacle that is fitted to not allow cigarette butts to enter storm water or drains during rain or high winds. All contractor and subcontractor personnel will be directed to dispose of cigarette butts in these receptacles. For Post-Construction (Water Oualitv Management Plant (WOMP) W -4 Prior to finalizing design plans, a WQMP shall be prepared addressing post construction storm water runoff. This will consist primarily of structural BMPs addressing the urban runoff fj-om the site. As part of the final design plans for the parking lot, drainage for the parking area shalJ be fitted with structural BMPs to reduce or eliminate urban runoff in the form of catch basins with filters (most likely fossil) or other eqtrivalent filtration device that are regularly maintained and cleared so as to remain effective throughout the storm season. Regular clearing of large debris after a storm to shall be incorporated into the ongoing maintenance program for the City Place project site. Level of Significance of Imoacts Related to Water Oualitv . C:\Documents and SellingslBKaufmanlLoca/ Settings\Temporary Internet FileslOLKBICity Place findings. doc September 29. 2004 Resolution 2005-016 Page 33 of 53 Page City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The adverse impacts of the City Place proj ect related to water quality will be mitigated to below a level of significance based on implementation of measures W-3 and W-4. Potentially Significant Adverse Imoacts Related to Drainage As discussed in Section 4.6, the development of the project site for the proposed project will result in a substantial increase in the amount of impervious surfaces on the site which could result in increase storm water runoff and potential drainage impacts. Findings Related to Drainage Impacts 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 EIR. Facts in Supoort ofthe Finding Related to Drainage Impacts Implementation of mitigation measures W-l and W-2, provided below, will substantially lessen the adverse impacts of the City Place project related to drainage, and will reduce this potentially significant adverse impact to below a level of significance. W -I Prior to issuance of grading permits, the applicant sball submit a final drainage plan identifying the exact size and location of drainage facilities. W -2 The applicant shall construct facilities on the project site to transport storm water fj-om the site to the City's drainage facilities. All such facilities will be subject to the review and approval of the City Engineer and shall be installed prior to the issuance of occupancy permits. Level of Significance of Imoacts Related to Drainage Imoacts The adverse impacts of the City Place project related to drainage will be mitigated to below a level of significance based on implementation of measures W-I, and W-2. 4.2.4 Impacts Related to Noise Findinl!s Related to Ooerational Interior Noise Imoacts 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 EIR. Facts in Supoort of the Finding Related to Ooerational Interior Noise Imoacts As discussed in Section 4.7 of tbe EIR, tbe interior of the residential structures ftonting Main Street, Memory Lane and Lawson Way may be exposed to noise fTom traffic in excess of interior standards, 45 dBA CNEL. Therefore, mitigation measure N-5 below will ensure that interior standards are met through appropriate design of these structures. C:\Documents and Settings IBKaufinan ILocal SettingslTemporary Internet FileslOLKBICity Placefindings.doc Paõ- Page 34 of 53 City Place Focused Environmental Impact Report Findings and Facts in Support of Findings . N-5 Noise insulation would be installed to ensure that California's title 24 interior noise standard of 45 dBA CNEL is achieved for tbose residences abutting Main Street, Memory Lane and Lawson Way. This noise insulation would include sound rated doorways, windows, baffling and other measures to ensure compliance of the interior noise standard. An acoustic engineer shall be retained during the design and installation of the noise insulation to ensure the required level of noise attenuation meets interior noise standards. An acoustical report shall be prepared and approved that identifies the building materials needed to meet the Title 24 Interior Noise Standard. Level of Significance of Imoacts Related to Ooerational Interior Noise Impacts The adverse impacts of the City Place project related to operational interior noise will be mitigated to below a level of significance based on the implementation of mitigation measure N- 5. 4.2.5 Impacts Related to Traffic Findings Related to Impacts at Intersection of Main Street and La Veta Avenue 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 EIR. . Facts in Support of the Finding Related to Impacts At the Intersection of Main Street and La Veta Avenue As discussed in Section 4.9 of the ErR, for the 2006 traffic conditions, the intersection of Main Street and La Veta Avenue will operate at unacceptable LOS E both with and without the project during the PM peak. The implementation of mitigation measure T-l and T-2 below will improve the level of service to acceptable LOS D in the PM peak for both opening year (2006) and 2025. T-I T-2 Prior to the issuance of certificate of occupancy permits, and subject to the approval of the City of Orange, the applicant shall restripe the intersection of Main Street and La Veta A venue to provide an additional nortbbound through lane and convert tbe existing westbound right-turn lane to an optional thru-right turn lane. Prior to the issuance of building permits the applicant shall pay Transportation System Impact Area fees 10 be deposited with the joint powers authority. Level of Significance of Imoacts Related to Impacts at the Intersection of Main Street and La Veta Avenue The adverse impacts of the City Place project related to impacts at the intersection of Main Street and La Veta Avenue will be mitigated to below a level of significance based on implementation of measures T-I and T-2. . C:\Documents and Settings IBKaufman ILocal SettingslTemporary Internet FileslOLKBICity Placefindings.doc September 29,2004 Resolution 2005-016 Page 35 of 53 Page City Place Focused Environmemallmpact Report Findings and Facts in Support of Findings Findings Related to Imoacts at Lawson Wav Segment Changes, or alterations have been required in, or incorporated into, the project which ayoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Suooort of the Finding Related to Lawson Way Segment AI> discussed in Section 4.9 of the EIR, in 2025, the segment of Lawson Way between Memory Lane and Town Country road will be significantly impacted by project related traffic. The implementation of mitigation measure T -3 and T -4 below will improve tbe level of service to acceptable LOS A for 2025 traffic conditions. T-3 Prior to issuance of certificate of occupancy permits the applicant shall coordinate with the City of Orange for the removal of on street parking along Lawson Way between Memory Lane and Town and Country Road. This will require approval fj-om tbe City of Orange Traffic Commission T-4 Prior to the issuance of certificate of occupancy permits, and subject to the City of orange's approval, the applicant shall restripe Lawson Way to provide two lanes in direction between Memory Lane and Town Country Road. Level of Significance of Impacts Related to Impacts at the Lawson Way Segment The adverse impacts ofthe City Place project related to impacts at tbe Lawson Way segment will be mitigated to below a level of significance based on implementation of mitigation measures T- 3 and T-4. Findings Related to Impacts at Intersection ofMemorv Lane and Lawson Way Changes, or alterations have been required in, or incorporated into, the proj ect which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Suoport of the Findin~ Related to Imoacts at Intersection of Memorv Lane and Lawson Way As discussed in Section 4.9 of the EIR, the planning warrant analysis shows that traffic signal installation is warranted at the intersection of Lawson Way and Memory Lane. The implementation of mitigation measure T -5 below will ensure that intersection will operate at an acceptable level of service. T-5 Prior to the issuance of certificate of occupancy permits the applicant shall pay full costs for a traffic signal at Memory Lane and Lawson Way. Level of Significance of Impacts Related to Imoacts at the Intersection of Memorv Lane and Lawson Way C..\Documents and Settings\BKaufmanlLocal Setting.sITemporary Internet Files\OLKBICity Placejìndings.doc Paò- Páge 36 of 53 . City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The adverse impacts of the City Place project related to impacts at tbe intersection of Memory Lane and Lawson Way will be mitigated to below a level of significance based on implementation of mitigation measure T-5. 4.2.5 Impacts Related to Public Services Findings Related to Imoacts on Parks/Recreation Facilities Changes, or alterations have been required in, or incorporated into, the project wbich avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Suooort of the Finding Related to Impacts on Parks/Recreation Facilities As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for parks and recreation facilities and would further the open space/population ratio imbalance in the City. The implementation of mitigation measures P-3 and P-4 would reduce potential impacts to a level that is below significant. P-3 Prior to the issuance of certificate of the first occupancy permit, the proposed project shall comply with the City's public parkland dedication requirements through provision of private open space, land dedication, fees or other vehicles acceptable to the City. P-4 Prior to the issuance of tbe first certificate of occupancy permit, the applicant shall fully pay to install a signalized pedestrian mid-block crossing on Memory Lane trom the City Place project to Santiago Park. . Level of Significance of Imoacts Related to Parks and Recreation Facilities The adverse impacts of the City Place project related to parks and recreation facilities will be mitigated to below a level of significance based on implementation of measures P-3 and P-4. 4.2.6 Impacts Related to Geology Findings Related to Seismic Shaking Imoacts Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen tbe significant environmental effect as identified in the EIR. Facts in Suoport of the Finding Related to Seismic Sbaking Imoacts As discussed in Section 3.7 of the EIR, the City Place project could be subject seismic shaking impacts in the event an earthquake occurs within the vicinity of the project site. The implementation of mitigation measure G-2 would reduce potential impacts to a level tbat is below significant. . C:\Documents and Setlingj'IBKaufman\Local SettingslTemporary Internet Fi/esIOLKB\CUy Placefindings.doc September 29,2004 Resolution 2005-016 Page 37 of 53 Page City Place Focused Environmental Impact Report Findings and Facts in Support of Findings G-2 Prior to the issuance of grading permits, the proposed project shall submit a site specific geotechnical report that addresses and identifies the seismic constraints on the project site, building loads and design recommendations to reduce potential seismic impacts to a level less than significant. Level of Significance of Imoacts Related to Seismic Shaking Imoacts The adverse impacts of the City Place project related to parks and recreation facilities will be mitigated to below a level of significance based on implementation of mitigation measure G-2. Findings Related to Geologic Stabilitv Imoacts Changes, or alterations have been required in, or incorporated into, tbe project whicb avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Suooort of the Finding Related to Geologic Stability Imoacts As discussed in Section 3.7 of the EIR, the City Place project site is subject to geologic constraints that could impact the geotechnical stability of the project. The implementation of mitigation measure G-l would reduce potential impacts to a level that is below significant. G-t Prior to the issuance of grading permits, the proposed project shall submit a site specific geotechnical report that addresses and identifies soil constraints on the project site, building loads and design recommendations to ensure the geologic stability ofthe project. Level of Significance ofImoacts Related to Geologic Stability Imoacts The adverse impacts of the City Place project related to geologic stability will be mitigated to below a level of significance based on implementation of mitigation measure G-l. 4.3 IMP ACTS FOUND ADVERSE, BUT NOT SIGNIFICANT AND PROJECT ENHANCEMENT MEASURES TO MINIMIZE IMPACTS Potentially adverse, but not significant impacts are identified in this section. Project enhancement measures are identified to minimize adverse impacts associated with implementation of the City Place project. 4.3.1 Impacts Related to Construction Noise Findings Related to Construction Noise Project enhancement measures have been required in, or incorporated into, the proj ect which lessen construction related impacts as identified in the EIR. Facts in Suooort of tbe Finding Related to Construction Noise C:'Documents and SettingslBKaufman\Local Settings\Temporary Internet FileslOLKBICity Place findings. doc Pað- Påge 38 of 53 . . . City Place Focused Environmental Impact Report Findings and Facts in Support of Findings As discussed in Section 4.7 in the EIR, although the construction of the City Place would not result in significant adverse noise impacts, project enhancement measures N-l, N-2, N-3 and N-6 below are incorporated in the proposed City Place project to minimize the generation of noise during construction. N-I During all site preparation, grading and construction, the contractor will be required to ensure that all construction equipment is in proper operating condition and fitted with standard factory noise attenuation features. All equipment shall be properly maintained to assure tbat no additional noise, due to worn or improperly maintained parts, would be generated. N-2 During final design, the applicant will prepare a traffic haul plan for review and approval by the City of Santa Ana. The contractor will be required to use only the approved haul routes to minimize exposure of sensitive receptors to potential adverse noise levels fj-om hauling operations. N-3 During all site preparation, grading and construction, the contractor will be required to site al] construction staging and storage areas away from Lawson Way, to minimize noise impacts on the senior citizen retirement facility on the east side of Lawson Way N-6 Construction operations for the proposed project shall be limited to 7:30 AM to 4:30 PM Monday through Saturday, and no construction operations on Sunday or Federal Holidays. Level of SÜroificance ofImoacts Related to Construction Noise Construction related noise impacts associated with the project would be less tban significant. Findings Related to Operational Exterior Noise Imoacts Project enhancement measures have been required in, or incorporated into, the project which lessen operational exterior noise impacts as identified in the EIR, Facts in Suoport of the Finding Related to Ooerational Exterior Noise Impacts As discussed in Section 4.7 (Noise) in the EIR, even though the operation of the City Place project will not result in significant adverse noise impacts, project enhancement measure N-4 below, is designed to reduce noise levels associated with mechanical equipment. In addition, the operation of the proposed City Place project will be required to comply with City of Santa Ana Ordinances related to noise control during operations. N-4 Mechanical equipment shall be acoustically engineered, incorporating mufflers, enclosures, parapets and/or other noise attenuation features, so that noise generated by the operation of this equipment does not exceed the applicable City noise standard at sensitive receptor locations. C:\Documents and SettingslBKaufmanlLocal SettingslTemporary Internet FileslOLKBICity Place findings. doc September 29.2004 Resolution 2005-016 Page 39 of 53 Page City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Level of Significance of Imoacts related to Ooerational Exterior Noise Operational exterior noise impacts associated with the proj ect would be less than significant. 4.3.2 Impacts Related to Public Services Findings Related to Imoacts on to Police Services Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Supoort of the Finding Related to Imoacts to Police Services As discussed in Section 4.8 of the ErR, implementation of the City Place project would increase the demand for police services. However, according to the Santa Ana Police Department the impact would not be significant. Tbe implementation of project enhancement measure P-I would minimize potential impacts to police services. P-l Prior to the issuance of occupancy permits, the applicant shall coordinate with the City Police department to prepare a Security Plan for the commercial and residential components of the project. This plan sball be subject to the reyiew and approval of the Police Department. The Plan shall address concerns related to visibility and adequate emergency access. Recommendations resulting from the project review by the City Police Department would be incorporated into the proj ect. Leyel of Significance ofImoacts Related to Police Services The adverse impacts of the City Place project related to Police Services will be minimized with tbe implementation of mitigation measure P-l. Findings Related to Imoacts to School Services Changes, or alterations bave been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Suooort of the Finding Related to Imoacts to School Services As discussed in Section 4.8 of the EIR, implementation ofthe City Place project would increase the demand for school services. However, according to the Santa Ana Unified Scbool District and the Orange Unified Schoo] District this impact would not be significant. Tbe implementation of project enhancement measure P-2 would minimize potential impacts to school services. P-2 Prior to the issuance of building permits the applicant shall demonstrate proof of payment of development fees to Santa Ana School District and Orange Unified School District. Level of Significance ofImoacts Related to School Services C:\Documents and Settings\BKaufmanILoca/ Settings1Temporary Internet Fi/eslOLKBICíty Place findings. doc 'lYageilO õf 53-- . Page. . . . City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The adverse impacts of the City Place project related to School Services will be minimized with the implementation of project enhancement measure P-2. 4.3.3 Impacts Related to Utility Service Systems Findings Related to Utility Service System Imoacts Changes, or alterations have been required in, or incorporated into, the project wbich avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Suoport of the Finding Related to Impacts to Utility Service Systems As discussed in Section 4.8 of the EIR, implementation of the City Place project would increase the demand for utility service systems. However, the impact would not be significant. The implementation of project enhancement measures U-I through U-5 would minimize potential impacts to utility service systems. U-I The applicant shall coordinate with the utility companies serving the site to establish service connections prior to construction U-2 Any pre-existing underground utilities at the site shall be located prior to construction and abandoned or removed in accordance with state and local codes and regulations. Any utility trenches shall be backfilled under the observation and testing of tbe resident engineer or inspector. U-3 The Applicant shall coordinate with SCE to incorporate energy savings programs in the construction and operation of the City Place project to ensure that energy savings technologies are incorporated into the design and operation of the project. U-4 The applicant shall coordinate with SCE to incorporate energy savings programs in the construction and operation of the City Place project to ensure that energy savings technologies are incorporated into the design and operation of the project. U-5 The Applicant shall pay its fair share of necessary telephone improvements including a main conduit structure to bring lines into the project site. Coordination with SBC during the development stage would facilitate service connection. Level of Significance ofImpacts Related to Utility Service Systems The adverse impacts of the City Place project related to utility service systems will be minimized with the implementation of project enhancement measures U-I to U-5. Section 4.2.4 Impacts Related to Safety Hazard Findings Related to Safety Hazard Impacts C:\Documents and SettingslBKaufmanlLocal Settings 1 Temporary Internet FileslOLKBlCity P~g~Yò1f8Rsiffif5-016 September 29, 2004 Page 41 of 53 Page, City Place Focused Environmental Impact Report Findings and Facts in Support of Finding~j Changes, or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the environmental effect as identified in the EIR. Facts in Support of the Finding Related to Safety Hazard Impacts As discussed in Section 4.5 of the EIR, the potential impacts of tbe proposed project related to the abandoned jet fuel line would be less than significant. However, there is slight possibility that the existing underground jet fuel line could become active. Therefore, the following precautionary proj ect enhancement measure is included to ensure full disclosure of the fuel line to future property owners. H-l Prior to the issuance of certificate of use and occupancy, a special disclosure statement of the presence of the jet fuel line is required to be included in all subdivision maps and deeds associated with the project site. Level of Significance of Imoacts Related to Safety Hazards The adverse impacts of the City Place project related to safety bazards will be minimized with the implementation of project enhancement measure H-l. 4.3 IMP ACTS FOUND NOT TO BE SIGNIFICANT OR LESS THAN SIGNIFICANT The City finds that, based on substantial evidence in the record, discussed below, the following impacts associated with the City Place project are less than significant and no mitigation is required. Additionally, the City finds, as set forth in Sections 4.1 (Potentially Significant Adverse Impacts of the City Place Project Which Cannot Be Mitigated to Below a Level of Significance) and 4.2 (potentially Significant Adverse Impacts of the City Place Project Wbich Can Be Mitigated to Below a Level of Significance), above, no otber potentially significant adverse project specific impacts of the proposed project are anticipated to occur. An Initial Study (IS) was completed at the beginning of the environmental review process for the proposed project, to identify those impacts that could be potentially significant and adverse and which required further study in an EIR. The IS also provided analysis on the enyironmenta] impacts of the project that were determined to be less than significant due to the identification and incorporation of mitigation early in the process or based on compliance with existing regulations. The fTndings of tbe IS are summarized in Section 3.0 (Effects Found Not to be Significant) in the EIR. The EIR and IS determined, based on substantial evidence in the record, tbat the following effects of the project would have no significant adverse or no adverse impact on the environment. 4.3.1 Aesthetics Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to light, scenic vistas and scenic resources. As described in C:\Documents and Sett;, gsIBKaufman\Loca/ Settings\Temporary Internet FileslOLKBICity Place findings. doc Pag~ . P'age 42 of 53 . . . City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Section 4.2 (Aesthetics) in the EIR, the City Place project will not substantially degrade the existing visual character or quality of the site and its surroundings; the project will enhance the visual appearance of the site, fj-om a vacant parcel, to a modern urban development. Therefore, the City Place project will not result in adverse impacts related to aesthetics and no mitigation is required. 4.3.2 Air Quality Based on the analysis summarized in Section 3.0 in the EIR, the City Place Project will not result in significant adverse impacts related to odors and no mitigation is required. 4.3.3 Cultural Resources Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to currently known and recorded historic, prehistoric and archeological resources. No mitigation is required. 4.3.4 Hazardous Materials Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts re1ated to documented hazardous materials or hazardous substances sites, use of hazardous materials during construction and operations, airport operations and airport plans. No mitigation is required. 4.3.5 Hydrology and Water Quality Based on the analysis summarized in Section 3.0 in the ErR, the City Place project will not result in significant adverse impacts related to groundwater recharge and natural water bodies 4.3.6 Noise Based on the analysis summarized in Section 3.0 in the EIR, the project site is not impacted by aircraft noise that would exceed State or local noise standards. Based on the analysis summarized in Section 4.7, implementation of the City Place would not increase significantly increase long-term noise levels within the project area. No mitigation required. 4.3.7 Public Services As discussed in Section 4.8 (Public Services) in the EIR, the City Place project would require compliance with the requirements of the Santa Ana Fire Department (SAFD) regarding building fire and safety features. The increased demand for SAFD fire and emergency services for the proposed project will not result in the need for new or expanded SAFD facilities. Therefore, the proposed project will not result in a significant adverse impact related to fire and emergency services. No mitigation is required. C:\Documents and SettingslBKaufmanlLocal Settings\Temporary Internet FileslOLKBICity Placeji,ndjngs.doc September 29. 2004 Resolution 2005-016 Page 43 of 53 Page. City Place Focused Environmental Impact Report Findings and Facts in Support of Findings As discussed in Section 4.8, the City Place project would result in an incremental increase in demand for library services. However, this is minimal and would not affect the City's ability to provide library services. No mitigation is required. 4.3.8 Transportation and Circulation Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to air traffic patterns, hazardous street conditions, access, pedestrian walkways and bicycle parking facilities. No mitigation is required. 4.3.9 Land Use Based on the analysis summarized in Section 3.0 and analyzed in Section 4.11 of the EIR, the City Place project will not result in significant adverse impacts related to division of an established community and consistency with applicable land use plans and adopted demographic projections. No mitigation is required. 4.3.10 Agriculture Based on the analysis summarized in Section 3.0 in the ErR, the City Place project will not result in significant adverse impacts related to agricultural resources. No mitigation is required. 4.3. I I Population and Housing Based on the analysis summarized in Section 3.0 in the ErR, the City Place project will not result in significant adverse impacts related to growth or the displacement of existing residential uses. No mitigation is required. 4.3.12 Geology Based on the analysis summarized in Section 3.0 in the ErR, the City Place project will not result in significant adverse impacts related to ground surface rupture, unique geological or topographical features, or the use of alternative waste water or septic systems. No mitigation is required. 4.3.13 Biological Resources Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to biological resources, threatened and endangered species, wetlands OT habitat conservation plans. No mitigation is required. 4.3.15 Mineral Resources Based on the analysis summarized in Section 3.0 in the EIR, the City Place project will not result in significant adverse impacts related to mineral resources. No mitigation is required. C:\Documen/s and Settings\BKaufmanlLoca/ SettingslTemporary Internet Fi/es\OLKBICity P/acejìndings.doc Page p'age 44 of 53 . . . City Place Focused Environmentallmpact Report Findings and Facts in Support of Findings 5.0 MITIGATION MONITORING PROGRAM When making findings, CEQA requires that a lead agency must adopt a reporting or monitoring program for the changes to the project that it has adopted or made a condition of project approval in order to ensure compliance during project implementation. The MMP for the City Place project, accompanying the Final EIR, is designed to serve this purpose for the mitigation measures identified in tbe Final EIR. The MMP requires tbe City to monitor mitigation measures designed to reduce or eliminate significant adverse project impacts, as well as those mitigation measures designed to reduce environmental impacts that are less than significant. The MMP includes all mitigation measures identified in the Final EIR and has been designed to ensure compliance during implementation of the project. The City finds that the impacts of the project have been mitigated to the extent feasible by the mitigation measures identified in the Final EIR and the MMP. Tbe City adopts the MMP for the City Place project. The MMP designates responsibility and the anticipated timing for the implementation of mitigation measures and conditions within the jurisdiction of the City of Santa Ana. That MMP is hereby adopted and its implementation is made a condition of approval of the City Place project. The City approves and will implement all the mitigation measures in the Final EIR. 6.0 ALTERNATIVES An EIR prepared pursuant to CEQA and the CEQA Guidelines must describe and comparatively evaluate a range of alternatives to the proposed project (Section 15126.6 of the CEQA Guidelines). Analysis of every possible alternative or options or combination of options would overburden the EIR with an unnecessary amount of detail that would be redundant and complex and would, as a result, fail to provide meaningful information for the City to consider in its review of the project. To develop alternatives that are analyzed in the EIR, a list of potential alternatives was prepared. For this analysis, the project alternatives were evaluated to determine the extent to whicb they meet the basic project objectives, while avoiding or substantially lessening any significant adverse impacts of the proposed project. The City of Santa Ana selected tbe alternatives discussed below for a variety of reasons. The goal for evaluating alternatives was to identify ways to mitigate or avoid the significant adverse impacts ofthe proposed proj ect. The EIR evaluated the following alternatives. 6.1 ALTERNATIVES CONSIDERED BUT REJECTED Potential alternatives to the City Place project that were considered by the City but rejected and not evaluated in the current EIR are based on City of Santa Ana EIR 92-02, certified by the City of Santa Ana City Council in 1992, for the approved Main Street Concourse Project. In addition, no alternative site for the proposed project was considered in this EIR. These alternatives which were considered by the City but which were not carried forward for detailed analysis in the EIR are described in the following Sections. C:\Documents and SettingslBKaufmanlLocal SettingslTemporary Internet Files\OLKBICity Place findings. doc September 29. 2004 Resolution 2005-016 Page 45 of 53 Page. City Place Focused Environmenlallmpact Report Findings and Facts in Support of Findings 6.1.1 Alternatives ftom the 1992 EIR In 1992, the Santa Ana City Council certified the final EIR for the proposed Main Street Concourse Project and approved that proposed project. In addition to the approved project, the Final EIR evaluated three other build alternatives and a No Project Alternative. The build alternatives considered in that EIR were reevaluated as possible alternatives to the currently proposed City Place Project. Those alternatives were rejected as described below and, therefore, were not evaluated in the EIR for the City Place project. Alternative B: Reduced Densitv Garden Office This Alternative assumed development of the project site consistent with the General Plan land use designations for the site in place at the time of the 1992 EIR evaluation. Under this Alternative, it was assumed that the site would be developed under the District Center (DC) designation, but at a lower floor area ratio than the maximum possible under the General Plan designation. This Alternative assumed that the site would be developed with 244,000 square feet of retail center and garden space uses. There would be no residential uses on the site under this Alternative. This Alternative proposed substantially reduced land uses on the project site compared to the approved Main Street Concourse Proj ect. This Altemative was not considered further in the EIR the City Place project because: . Alternative B does not include any residential units. The provision of housing in a variety of types and price ranges, inc1uding innovative uses such as live/work units, sucb as proposed as part of the City Place project, is consistent with the Santa Ana General Plan. . Alternative B proposed a different range of land uses, with more commerciaVretail and no residential uses, than the City Place project. However, the land uses proposed under Alternative B would not be expected to substantially reduce or avoid the potential adverse impacts of the City Place project related to air quality and traffic. For these reasons, this Alternative was rejected ftom further consideration and, therefore, was not evaluated in the EIR for the City Place project. Alternative C: Alternative Land Use (All Office) This Alternative assumed development of the project site with two 92,000 square foot, two-story garden style office buildings, and retail and commercial uses similar to the approved Main Street Concourse Project, inc1uding retail, restaurant, cinema and health c1ub uses. There would be no residential uses on the project site under this Alternative. This Alternative was not considered further in the EIR for the City Place project because: . Alternative C does not include any residential units. The provision of housing in a variety of types and price ranges, inc1uding innovative uses such as live/work units, as proposed under the City Place project, is consistent with the City of Santa Ana General Plan. C:\Documents and Settings IBKaufman \Local Settings\Temporary Internet Fi/es\OLKBICity Place findings. doc Page. Page 46 of 53 . City Place Focused Environmental impact Report Findings and Faels in Support of Findings . Alternative C proposed a different density of land uses, with commercial/retail and no residential uses, than the City Place project. However, the land uses proposed under Alternative C would not be expected to substantially reduce or avoid the potential adverse impacts of the City Place project related to air quality and traffic impacts. For these reasons, this Alternative was rejected ITOm further consideration and, therefore, was not evaluated in the EIR for the City Place project. Alternative D: General Plan Consistencv . This Alternative assumed development of the site consistent with the General Plan land use designations for the site in place at the time of the 1992 EIR evaluation, at a floor area ratio (FAR) of 1.5, which was the FAR permitted on the site under the General Plan at that time. Under this Alternative, it was assumed that the site would be developed with 1.1 million square feet of uses, including three high rise office towers (15, 17 and 23 stories), retail, restaurant, cinema, health club and 36 single family residential units. This Alternative proposed reduced land uses on the project site compared to the approved Main Street Concourse Project, with approximately 0.4 million fewer square feet of development. In addition, two of the office towers under Alternative D would be fewer stories than under the Main Street Concourse Project wbich proposed one 20-story and one 32-story office tower. Alternative 0 also proposed slightly fewer residential units than the approved proj ect, at a total of 146 single family and mgh density residential units versus a total of 278 residential units under the Main Street Concourse Project. This Alternative was not considered further in the EIR for the City Place project because: . Alternative D proposed substantially greater development on tbe project site than the City Place project. Therefore, the land uses proposed under Alternative 0 would likely increase and not reduce or avoid the potential adverse impacts of the City P1ace project related to air quality, traffic, and cumulative air quality and traffic impacts. For these reasons, this Alternative was rejected ITom further consideration and, therefore, was not evaluated in the EIR for the City Place project. 6.1.2 Alternative Site for the Proposed Project The EIR for the City Place project did not analyze an alternative site for the proposed project because the applicant does not own or control another suitable property in tbe City of Santa Ana. In addition, there are no other known sites of this size available in the City that could accommodate a project of this type. The City Place project would generate approximately the same traffic and air quality emissions at any other location in the City, to the same or greater extent tban at the proposed site. Therefore, locating the proposed project at another site in the City would basically shift the project's adverse impacts to that other location, but would not be expected to avoid or substantially reduce those impacts. The traffic impacts wmch occur in the City of Orange under the City Place project could possibly be located to an area entirely within the City of Santa Ana if an alternative . c: IDocuments and Settings\BKaufman\Local SettingslTemporary Internet Files\OLKB\City Place findings. doc September 29. 2004 Resolution 2005-016 Page 47 of 53 Page. City Place Focused Environmental Impact Report Findings and Facts in Support of Findings project site were considered, but the level of impact would remain comparable. As a result, an alternative site for the City Place project was not evaluated in the EIR. 6.2 NO PROJECT ALTERNATIVES 6.2.1 No ProjectlExisting Conditions Alternative This No Project Alternative assumes that the existing uses on the 17.7 acre project site are retained and that no development occurs on the site. With this Alternatiye, the site would remain vacant and no residential or commercial uses would be developed on this site. Table 9-1 fTom the ErR, on the following page, indicates that the No ProjectlExisting Conditions Altemative would not meet any of the City or applicant objectives for the City P1ace project. 6.2.2 No ProjectlExisting Entitlement Alternative This No Project Alternative assumes that the approximately 17.7 acre project site would be developed consistent with the existing approved entitlements for the project site which would allow for the development of the previously approved Main Street Concourse Project consisting of up to 1.96 million square feet of office, retail and hotel uses, and 280 residential units. Tbe existing entitlements for the project site reflect approved development as assessed in City of Santa Ana EIR 90-2 which was certified by the Santa Ana City Council in April 1992. This No Project Alternative would result in approximately 1.91 million more square feet of commercial uses (office, retail and hotel) and 38 more residential units on the project site than under the City Place project. This No Project Alternative would result in substantially greater land use densities on the project site than the proposed project. The No ProjectlExisting Entitlement Alternative would meet all of the objectiyes for the City Place project. 6.3 DESIGN ALTERNATIVE Tbe Design Alternative reduces the development on the project site by 123,434 square feet and would result in a reduction of overall density and FARon the project site. The Design Alternative would only marginally reduce impacts compared to the proposed project for hydrology and water quality, noise, public services and utilities and service systems. The Design Alternative would have no cbange on impacts compared to the proposed project on aesthetics, air quality, cultural resources and hazardous materials. The Design Alternative would result in reduced traffic impacts in the short and long term, but not enough to reduce the impact to below a level of significance. The Design Alternative would meet all ofthe objectives for the City Place project. 6.4 COMPARISON OF IMP ACTS Table 9-1 in the EIR, provided on the following page, compares the unavoidable adverse impacts of the City Place project and the No ProjectlExisting Conditions, No ProjectlExisting Entitlement and Design Alternatives. TABLE 9-1 COMPARISON OF THE IMPACTS OF THE CITY PLACE PROJECT AND THE PROJECT ALTERNATIVES (1) C:\Documents and SettingslBKaufmanlLocal SettingslTemporary Internet FileslOLKBICity Placefindings.doc Page. p'age 48 of 53 . . . City Place Focused Environmental Impact Report Findings and Facts in Support of Findings Impact City Place Project No Project I No Project I Existing Design Alternative Cate~orv Existini!: Conditions Entitlement Aesthetics Less than significant No impact. No significant Similar to under the impact adverse impact after City Place project. mitigation. Air Quality Unavoidable significant No impact. Substantially greater Similar to under the short term, long term short and long term City Place project. and cumulative impacts impacts which cannot all be mitigated to below a level of sÜmificance. Cultural Less than significant No impact. Same as under the Similar to under the Resources impact with City Place project. City Place project. incorporation of mitivation Hazardous Less than significant No impact. Substantially greater Similar to under the Materials impact than under the City City Place project. Place project; can be mitigated to below a level of siQnificance. Hydrology and Less than significant No impact. Similar to the City Similar to under the Water Quality impact with Place project for City Place project. incorporation of hydrology; greater for mitigation water quality; impacts can be mitigated to below a level of shmificance. Noise Less than significant No impact. Greater than under Similar to under the short term impacts the City Place project; City Place project. Less than significant can be mitigated to long term impact with below a level of incorporation of significance. miti2ation Public Services Less than Significant - No impact. Greater than under Similar to under the Police, Fire Services, the City Place project; City Place project. school, library services can be mitigated to Less than significant below a level of park impacts with significance. incorporation of mitÜ!ation Transportation Unavoidable significant No impact. Substantially greater Similar to under the and Traffic impacts to Main than under the City City Place project. Street/17~ Street Place project; cannot intersection all be mitigated to Less than significant below a level of impacts to Lawson significance. Way, Main Street/La Veta intersection and Memory Lane/Lawson Way intersection with incorporation of mitieation Utilities and Less than significant No jmpact. Substantially greater Similar to under the Service than under the City City Place project. Svstems Place oroiect; cannot C:\Documents and SettingsIBKaufman\Lacal Settings\Temporary Internel Files\OLKBICity Plgcefirrdin¡:s.d2~ September 29.2004 KeSolutlon 20u5-016 Page 49 of 53 Page. City Place Focused Enllironmentallmpact Report Findings and Fact!,' in Support of Findings TABLE 9-1 COMPARISON OF THE IMP ACTS OF THE CITY PLACE PROJECT AND THE PROJECT ALTERNATIVES (1) Impact City Place Project No Project I No Proj ect I Existing Design Alternative Cateao~ Existin« Conditions Entitlement all be mitigated to below a level of sipnificance. Land Use Less than significant No impact No impact Less than imnact sienificant il1lDact Source: Draft Focused Environmental Impact Report for the City Place Proje<:t (P&D Consultants, 2004). 6.5 ENVIRONMENT ALLY SUPERIOR ALTERNA TNE The City Place project, the No ProjectlExisting Entitlements and Design Alternatives would result in environmental impacts greater than the No ProjectlExisting Conditions Alternative. Therefore, the No ProjectlExisting Conditions Alternative is the Environmentally Superior Alternative although it would not meet project objectives as discussed earlier in the analysis of that alternative. Section 15126.6(e)(2) of the CEQA Guidelines requires the identification of an additional feasible environmentally superior alternative when the No Project Alternative is selected as the Environmentally Superior Alternative. Many of the environmental impacts of the City Place project are related to the size or intensity of the development and in general, projects with lrigber density will generally result in more adverse impacts compared to alternatives with a lower density. As shown in Table 9-1, the No ProjectlExisting Entitlement Alternative would result in significant adverse impacts greater than under the City Place project, whicb cannot be mitigated to below a level of significance, related to short and long term air quality, and transportation and traffic. The other adyerse impacts of the No ProjectlExisting Entitlement Alternative, related to aesthetics, cultural resources, hazardous materials, hydrology and water quality, noise, puplic services, and utilities and service systems, would be similar to or greater than under the City Place project and could be mitigated to below a level of significance. However, because the significant unavoidable adverse impacts of the No Project/Existing Entitlement Alternative would be greater tban under the City Place project, this No Project Alternative would not be the Environmentally Superior Alternative. The impacts of the Design Alternative would be similar to the City Place project. The significant unavoidable adverse impacts of this Altemative related to short and long term air quality and transportation would less be compared to the City Place project but would still be significant. Therefore, this is Alternative is not environmentally superior to the City Place project. The City Place project would be the Environmentally Superior Altemative because it would avoid significant adverse impacts that would occur under the No ProjectlExisting Entitlement Alternative and would not result in greater impacts than under the Design Alternative. 7.0 STATEMENT OF OVERRIDING CONSIDERA nONS The City of Santa Ana has balanced the benefits of the City Place project against its unavoidable adverse environmental impacts in determining that the specific economic, legal, social, C:\Documents and SettingsIBKaufmanlLocal Settings I Temporary Internet Files\OLKBICity Place findings. doc Page p'age 50 of 53 . . . City Place Focused Enyironmental Impact Report Findings and Facts in Support of Findings technological and/or other benefits outweigh the unavoidable significant adverse environmental impacts of the project. Section l5093(b) of the CEQA Guidelines provides that when the decision of a public agency results in the occurrence of significant adverse impacts that are identified in the Final EIR but are not substantially mitigated, the agency must state in writing the reasons to supports its actions based on the Fina] EIR and/or other information in the record. The reasons set forth below are based on the Final EIR and other information in the record. Based on the substantial evidence in the record, including but not limited to the Final EIR, the City finds that the benefits of the City Place project outweigh its unavoidable adverse environmental impacts and, furthermore, finds that such adverse environmental effects are acceptable. Each ofthe separate benefits of the project, as stated below, is determined to be, unto itself and independent of other project benefits, a basis for overriding all unavoidable adverse impacts identified in these Findings. The reasons for the approval of the project despite the occurrence of significant unavoidable adverse impacts related to short and long term air quality, and surface transportation are: I. The project would allow the City to achieve the objectives which avoiding or minimizing significant adverse environmental impacts to the extent feasible. The project will: . Result in the development of the site as a commercial and residential center that provides entertainment, shopping, dining and living opportunities for the residents of Santa Ana and surrounding areas . Maximize the advantages of the sites location on Main Street in terms of its yisibility and proximity to SR 22. . Develop the vacant project site with land uses to help meet the retail and residential needs within the northeastern area of the City of Santa Ana. . Expand live/work residential opportunities in the City of Santa Ana. . Provide commercial space suitable to attract retail tenants consistent with existing retail uses in the immediate]y surrounding areas. . Provide a project that is consistent with the commercial and residential uses in the surrounding area and to contribute to the continued revitalization of the northeastern area of the City of Santa Ana. 2. Approval oftbe project would bolster the economic and social bealth of the northemmost part of the City of Santa Ana by aiding in the re-establishment of businesses in the project area by stimulating and attracting private investment, thereby improving the City's economic health, employment opportunities and the tax base. 3. The project would be consistent with existing development in the area which reflects an urban environment preserving the aesthetics qualities of the City and helping to make the area a source of pride to people living and working in Santa Ana and for visitors to the City. C:\Documents and SettingslBKaufmanlLocal SeltingslTemporary Internet Files\OLKB\City Place findings. doc September 29.2004 Resolution 2005-016 Page 51 of 53 Page City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 4. Furthermore, there are no alternative sites in the City that are suitable for this proposed project, as described in the Final EIR. Therefore, there are no feasible alternative sites or mitigation measures that would reduce or eliminate the significant unavoidable adverse impacts of the proposed project related to short and long term air quality and surface transportation. For the reasons stated above, and based on substantial evidence in the record before it, the City finds that the unavoidable adverse impacts of the City Place project related to short and long term air quality and surface transportation are acceptable and, furthermore, finds that the benefits of the project outweigh its unavoidable adverse environmental impacts. 8.0 RECORD OF PROCEEDINGS Various documents and other materials constitute the record of proceedings on wmch the City of Santa Ana bases its Findings and decisions contained herein. Most documents related to this Final EIR are located at the City of Santa Ana, Planning and Building Department, 20 Civic Center Plaza, Santa Ana, California, 92702. Some documents inc1uded in the record of proceedings may also be located at the offices of consultants retained by the City for this project. 9.0 SUMMARY I. Based on the foregoing Findings and the information contained in the record, the City of Santa Ana has made one or more of the fol1owing findings with respect to each significant adverse impact of the proposed project, as identified in the Final EIR: . Changes or alterations have been required in, or incOJ:porated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. . Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the fmding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. . Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 2. Based on the Findings stated herein and information contained in the record, it is hereby determined that: a. All significant adverse impacts on the environment due to the approval of the project have been eliminated or substantially lessened wbere feasible. b. Any remaining significant adverse impacts on the environmcnt found unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations in Section 7.0, above. 10. APPROVALS C:\Documents and Settings IBKaufman ILocal SettingslTemporary Internet FilesIOLKB\City Place findings. doc Page Page 52 of 53 . . . City Place Focused Environmental Impact Report Findings and Facts in Support of Findings The City hereby takes the following actions: I. The City has certified the Final EIR for the project, as described in Section 1.0, above. 2. The City hereby adopts, incorporates into the project and makes a condition of the project approval, all mitigation measures in the Final EIR, and as discussed in the Findings (Section 2.0, above) and Project Impacts and Disposition of Related Mitigation Measures in the Final EIR (Section 4.0, above). 3. The City hereby adopts the Mitigation Monitoring Program, accompanying the Final EIR and discussed in the Findings (Section 5.0, above). 4. The City hereby adopts the Findings in their entirety, as set forth above, including tbe Statement of Overriding Considerations. 5. Having certified the Final EIR, independently reviewed and analyzed the Final ErR, incorporated mitigations into the project as conditions of project approval, and adopted the Findings (including the Statement of Oveniding Considerations set for herein), the City hereby approves the City Place project, as described in the Final EIR, including the site approval and design. C:\Documents and SettingslBKaufmanlLocal Se/tings I Temporary internet FilesIOLKB\CilY Place findings. doc September 29,2004 Resolution 2005-016 Page 53 of 53 Page