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HomeMy WebLinkAbout31A - 1701 E. FAIRHAVEN AVE. REQUEST FOR COUNCIL ACTION ~ ~~~. ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MARCH 6, 2006 TITLE: CONDITIONAL USE PERMIT NO. 2005-33 TO ALLOW THE EXPANSION OF AN EXISTING CEMETERY AT 1701 EAST FAIRHAVEN AVENUE - FAIRHAVEN MEMOR~K'. APPLICANT ~ .f/Ja~ CITY MANAGER APPROVED D As Recommended D As Amended D Ordinance on 15t Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2005-33 as conditioned. PLANNING COMMISSION ACTION On February 13, 2006, the Planning Commission approved Conditional Use Permit No. 2005-33 as conditioned by a vote of 6:0 (Rodriguez absent) to allow the expansion of the existing cemetery in the General Agricultural (AI) zoning district at 1701 East Fairhaven Avenue (Exhibit A). The Planning Commission added conditions relating to the potential addition of olive trees to the landscape palette, the design of the mosaic niches, the design of an entry water feature and standards for traffic control for pedestrian crossings between the south garden and north garden across Fairhaven Avenue during special services. FISCAL IMPACT There is no fiscal impact associated with this action. Jay Exe tive Director Planning & Building Agency KH:rb kh\fairhaven memorial park expansion\cupOS-33.cc 31A-1 REQUEST FOR Planning Commission Action ~ ~ PLANNING COMMISSION SECRETARY PLANNING COMMISSION MEETING DATE: FEBRUARY 13, 2006 TITLE: PUBLIC HEARING - FILED BY FAIRHAVEN MEMORIAL PARK FOR CONDITIONAL USE PERMIT NO. 2005-33 TO ALLOW THE EXPANSION OF AN EXISTING CEMETERY APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO Prepared by Karen Hal uza -- ~ ~~~~ 1I-f ~6e..- ... t~,~ Executive Director K~L +-I0-t2~.L-vJ~ Planning MaKager RECOMMENDED ACTION 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-28. 2. Adopt a resolution approving Conditional Use Permit No. 2005-33 as conditioned. Prior Planning Commission Action On January 23, 2006 the Planning Commission held a public hearing to consider this proposed project. During that meeting the Planning Commission expressed concerns with the quality of the mausoleum architecture, the seeming incongruity of the semi-private mausoleums and pavilion building architecture with the community mausoleum, the quality of the building materials and that they lack the sense of permanence such a structure demands and that materials such as real stone would provide. The Commission requested more detail on the community mausoleum windows as the plans were not clear as to whether the windows were faux or real. The Commission recommended that any spandrel glass be replaced by granite niches or decorative ironwork. The Commission also requested more detail about how the interior of the community mausoleum would work and what the other elevations would look like. The Commission also discussed the need for a signal, or other form of protected pedestrian crossing, between the existing southern cemetery and the proposed northern expansion. The Commission directed staff to work with the applicant to answer these questions, work to improve the building materials and architecture and provide further details. After the public hearing was conducted, the Commission voted to continue the item to the meeting of February 13, 2006. EXHIBIT A 31A-2 Conditional Use Permit No. 2005-33 February 13, 2006 Page 2 Since that time the project architect, Mr. Barry Boudreaux of J. Stuart Todd Architects, has worked to revise the plans to address the Commissions' concerns. A floor plan for the mausoleum has been provided that clarifies the location of the windows and shows that no spandrel glass is proposed on any elevation. The stucco finish that appears on certain portions of the community mausoleum has been changed from a sand finish to a smooth plaster finish. The stone veneer has been changed from cultured stone, to a real stone that will match that currently found on the Waverley Church. Window niche details are clarified as being surfaced with granite. The surface finishes of the Orange Blossom Pavilion building have been changed to match the community mausoleum building. Elevations for all sides of the community mausoleum have been provided. The semi -pri vate mausoleums have been revised to eliminate the terra cotta tile and replace it with granite. The Planning Commission also discussed the need to provide for safe pedestrian crossings between the existing south garden and the new north garden. Given that the crossing location occurs mid-block less than 500 feet from a signalized intersection at Cambridge and Fairhaven, staff in Public Works and Planning worked together to explore options that would achieve a safe pedestrian crossing situation, but would not create a conflict for drivers with the existing signal. Staff has identified two options that could be used to achieve this goal. Option 1 Crosswalk Require A Traffic Signal And Fully-Improved pedestrian The crossing between the south and the north garden constitutes a mid- block crossing for purposes of pedestrian crosswalk design as it is not located at the intersection of two streets, but rather consists of two private driveways. Fairhaven Avenue is a major thoroughfare in the city with a posted speed limit of 45 mph. Creating a safe situation for a pedestrian crossing at this location can only be achieved by the addition of a full traffic signal and crosswalk improvements. The cost for this improvement is estimated at $270,000 and would be the responsibility of the applicant. If the Commission chooses this option, the following draft language lS provided as a suggestion for a new condition of approval: "The proj ect shall include public improvements at the proposed Fairhaven Avenue entrance including a traffic signal, access ramps, sidewalk, and colored concrete paved crosswalks across all four legs of the intersection, subject to the approval of the City 31A-3 Conditional Use Permit No. 2005-33 February 13, 2006 Page 3 Engineer. Prior to issuance of a building permit the applicant shall: 1) Record legal documents for dedication of easements in favor of the City of Santa Ana for the public improvements; 2) Submi t for review and approval street improvement plans for all work required to be constructed within the public right-of-way; 3) Construct the public improvements to the satisfaction of the City Engineer." Option 2 - Require Traffic Control During Events Where Pedestrians Will Cross From The South To The North Garden Currently, the existing north garden does not have facilities for indoor services, nor does it have a parking lot. Patrons who attend services on the south side of Fairhaven must walk across the street to the gravesites. With the construction of the new north garden there will be on-site facilities for services, as well as on-site parking. This will resul t in a significant reduction in the need for crossing from the south to the north garden. The need to cross mid-block would occur almost exclusively during larger burial services. During these events the staff at Fairhaven Memorial Park would provide uniformed security guards to provide traffic control and to direct pedestrians safely across the street. This method of pedestrian and traffic control would allow for full processions, as needed, and would provide the desired effect of ceremony and respect for those attending the service. The number of times during the week that traffic control is required for pedestrian crossings at this location is relatively small compared to the overall time that Fairhaven functions as a major thoroughfare. The use of uniformed security guards could provide more than adequate safety for pedestrians and motorists alike without the need for the installation of a traffic signal that could cause potential conflicts with the existing signal at Fairhaven and Cambridge, as well as being a very costly improvement. If the Commission wishes to choose this option, the following draft language is provided as a suggestion for a new condition of approval: "During events at Fairhaven Memorial Park, where guests will be crossing Fairhaven Avenue, the staff of Fairhaven Memorial Park shall provide uniformed security guards in a number sufficient to achieve traffic control that will allow pedestrians to safely cross Fairhaven Avenue. These uniformed security guards shall be present during the entirety of the service in order to provide for safe pedestrian crossing and to control and direct traffic as needed." 31A-4 Conditional Use Permit No. 2005-33 February 13, 2006 Page 4 The remainder of this staff report provides project details that were presented at the January 23, 2006 Planning Commission meeting. DISCUSSION Request of Applicant Fairhaven Memorial Park and Mortuary is requesting approval of a conditional use permit to allow the expansion of the existing cemetery operations to property owned by Fairhaven located directly across the street on the north side of Fairhaven Avenue. Property Description The project site is an approximately eight-acre rectangular parcel located immediately across the street from the existing Fairhaven Memorial Park and Mortuary, and adjacent to Fairhaven's North Park Expansion located on the northeast corner of Fairhaven Avenue and Cambridge Street. The property is currently in agricultural use and is under lease to a nursery operation. The site also contains an orange grove, which is no longer actively cultivated. Surrounding land uses include single family residential to the north, existing cemetery to the south, existing cemetery to the west and single family residential houses to the east, including the Campbell House, which will not be altered as part of this project (Exhibits 1 and 2) . Project Description The proj ect consists of the expansion of Fairhaven' s existing cemetery operations. In addition to the creation of new grounds for single-depth gravesites, the project also will include the construction of semi- private mausoleums, family estate plots, a pavilion building for services, a new community mausoleum, parking lot, artwork, water features and extensive landscaping. The project will be constructed in two phases with Phase I improvements beginning immediately following project approval and Phase II improvements by 2008. The following table details the improvements to be constructed by phase. 31A-5 Conditional Use Permit No. 2005-33 February 13, 2006 Page 5 Phase I Phase II · Landscaped grounds - 4.26 acres · Landscaped grounds - 3.97 acres . Community Mausoleum 3,024 sq. . Community Mausoleum 7,200 sq. ft. ft. . 3 Semi-Private Mausoleums 256 . Parking Lot - 33 spaces sq. ft. ea. . Pavilion Building - 1,604 sq. ft. · Parking Lot - 22 spaces Project Edges The north project perimeter will include an existing row of mostly mature Italian Cypress trees adjacent to an existing masonry block wall that will be painted a uniform color on the cemetery side. In addition, landscape pockets have been included that will allow for the growth of mature trees at intervals along the northern border in order to create a lush landscape edge and buffer for the single family homes to the north. As part of its public outreach for the project, representatives of Fairhaven Memorial Park held community meetings to describe the project to the adjacent residents. At these meetings, the residents expressed their desire to retain the existing mature Italian Cypresses and to not have their existing masonry wall disturbed. The western project perimeter adjoins the existing Fairhaven North Garden constructed in the early 1990s. The existing chain link fence will be removed and the new cemetery property will be completely integrated with the existing North Garden including the continuation of the existing road which will provide a secondary entrance to the property from Cambridge Street. The southern perimeter of the proj ect, adj acent to Fairhaven Avenue, will retain the existing London Plane street trees and replace as necessary. The perimeter fencing will be a continuation of the North Garden fencing that features open wrought iron with decorative masonry pilasters. A 35-foot landscape setback will be included for the maj ori ty of the proj ect frontage providing a thick landscape edge to soften the mausoleum buildings proposed for this location. The primary entry for the project will be located off of Fairhaven Avenue and will include a decorative colored concrete band at the entrance apron. The entry also will include a linear water feature leading to a decorative roundabout intersection feature, which will include a sculpture at its center. 31A-6 Conditional Use Permit No. 2005-33 February 13, 2006 Page 6 Pedestrian Circulation There is currently no sidewalk along the south side of Fairhaven Avenue immediately adj acent to the existing cemetery. Guests who park in the parking lot on the main cemetery property to attend internment services for gravesites in the North Garden across the street must walk west along the landscape setback area to the intersection of Cambridge Street and Fairhaven Avenue and then cross at the signalized intersection. The proj ect will add a new sidewalk adj acent to the curb along Fairhaven Avenue, which will tie in to the existing sidewalk that begins at the intersection of Cambridge Street. Although the majority of the parking for most services will be accommodated within the expanded North Garden itself, for services which occur within the Waverley Chapel some guests may choose to park on the south side parking lot and walk across the street to the gravesi te. The new sidewalk will provide for adequate pedestrian circulation and safe direction to the crosswalk and signalized intersection. Mausoleum Architecture When completed, the new community mausoleum will extend for approximately 520 feet along Fairhaven Avenue. The constraints of mausoleum architecture, much of which is mandated through State regulations, present a design challenge. The architect for this project, J. Stuart Todd, has endeavored to meet the strict demands required to design this most permanent type of building, while at the same time providing a pleasing fa9ade along Fairhaven Avenue. Designed to playoff of the architectural elements of the Waverley Chapel, the mausoleum fa9ade will be articulated with a peaked roofline at intervals, extensive use of stone cladding, faux windows, mosaic niches, and decorative wrought iron gates. The building will be set back 35 feet from Fairhaven Avenue and will be further softened by a variety of 24-inch box trees throughout the setback. Parking The Santa Ana Municipal Code (SAMC Sec. 41-1411) requires one parking space for each 35 square feet of floor area in seating areas without fixed seats for chapels, such as the pavilion building. This results in the need for 45 parking spaces. The project provides 55 spaces, as well as the ability to park on the internal circulation road as is common in cemeteries. 31A-7 Conditional Use Permit No. 2005-33 February 13, 2006 Page 7 Analysis of the Issues Originally established in 1911 by Mr . Oliver Halsell, the Fairhaven Memorial Park and Mortuary is one of the oldest and most respected cemeteries in Orange County. Its original mausoleum, built in 1916, was one of the first constructed in California. Since its initial founding, the cemetery has continued to expand its property holdings and the services it provides including the construction of additional mausoleum space. The subject property has been owned by Fairhaven since approximately 1956 and has long been planned for use as an expansion site for the cemetery. This expansion is being requested so that the cemetery may continue its mission of providing "caring and dedicated funeral planning and a lasting memorial in an environment of warmth and beauty." The proposed project is consistent with the General Plan land use designation of Open Space, which anticipates cemetery uses. The proposed construction of approximately 12,596 square feet of mausoleum and chapel space is well below the amount of square footage that could be constructed on the site per the Open Space FAR of 0.2. The property, zoned General Agriculture (AI), allows cemeteries, mausoleums and crematories as conditionally permitted uses within the Al zoning district (SAMC Sec. 41-201.5). The proposed project meets or exceeds all of the City's development standards. Chief among the issues to be considered with the proposed expansion was the need for the project to be sensitively integrated into the urbanized environment that has developed around it. With the existing cemetery to the south providing a pleasing mature landscape edge along Fairhaven and the existing single family homes to the north, it was important that the new cemetery be planned in such a way as to be an enhancement to the area. The 35 - foot landscape setback along the maj ori ty of Fairhaven Avenue , extensive use of landscaping throughout the interior of the project and especially along the northern perimeter, the decorative entry along Fairhaven Avenue and the inclusion of a new sidewalk all serve to sensitively integrate this project into its existing setting. Public Outreach On August 29, 2005 representatives of Fairhaven Memorial Park hosted a communi ty meeting to discuss the proposed proj ect with the homeowners adjacent to the property on the north. Those who attended were 31A-8 Conditional Use Permit No. 2005-33 February 13, 2006 Page 8 generally supportive of the project and had questions primarily relating to clean-up of the existing site and preservation of landscape views. Fairhaven representatives also met individually with homeowners who requested additional information. The Planning Commission meeting of January 23, 2006 was the subject of a regularly noticed public hearing with publication of the meeting notice appearing in the Orange County Reporter newspaper and mailed to all property owners within 300 feet of the proposed project. Summary and Conclusion Based on the above analysis, staff recommends that the Planning Commission approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-28 and adopt a resolution approving Conditional Use Permit No. 2005-33 as conditioned to allow the expansion of the existing cemetery. CEQA Compliance In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program Environmental Review No. 2005-28 has been prepared for this project (Exhibit 3). This document was released for public review on December 22, 2006 with a Notice of Intent being published in the Orange County Register. The review period closed on January 20, 2006. As of the writing of this staff report, no comments had been received on the Mi tigated Negative Declaration. The analysis contained in the Mitigated Negative Declaration determined that the proj ect would not result in any impacts that could not be mitigated to a less than significant level. ///11 C... 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COMMERCIAL-MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST' VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL o 9 \ 1 A1 -,Z ------ R1 R4 > < := w w a: LL II> II> 60-A1-7200 > <( ~ RE (/) ::> >- 4165:..--...-..36 o CR GC Ml M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 R4 RE SD SP SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MUL TIPLE-FAMIL Y RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN 1m ~~ CUP 05-33 FAIRHAVEN MEMORIAL PARK EXPANSION 1701 EAST FAIRHAVEN AVENUE IA #{' 1" = 1000 FEET p L A N N N G A N - = 500 FEET D 8 U L EXHIBIT 1 31A-10 D N G A G E N c y ,...; >- ,...; >- -' >- >- -' In ,...; -,-' ,...; >- -' >- -' In :::: <( -' -' :::: <( - :::: ~~ :::.'! - <( 0 ::;;:: In In 0 ::; ;:: ::; - <( <: > <( <: ...J <( <: <( <: Z "- ~ 0 51 GLE FAM L Y "- lJJ 0 "-lJJ ...J "-lJJ ...J "- lJJ "-lJJ 0 lJJ~ lJJ ~ lJJ~ II: lJJ~ W lJJ ~ lJJ~ :!; == ~ W == J: -' CI) -' CI) W ~ > (CllJJ (CllJJ (CllJJ C) 51 GLE FAM L Y <:rt: <:rt: In 0 <:rt: <: rt: Cii < Cii 0 <:rt: <:rt: a: Cii Cii 0 == II: Cii Cii a: ALBION AVENUE t ;:: l- I- <: w T I A -' W W <( II: W c:: . ;:: <: l- II: '" lJJ In I- lJJ 0 Cl In rt: . . Cii >- . , lJJ >- >- 0 rt: rt: ::;;:: >- lJJ <( <: ::; -' .... :E w lJJ P R 0 J E C T 5 I T E Cl <( i1 C) ::; -,CI) lJJ lJJ 0 <.l (CllJJ lJJ - -' a: <: rt: -' u (Cl lD - < (Cl <: :!; CI) z Cii > ;;; < < 0 0 FAIRHAVEN AVENUE '" rt: Y <( C E M E T E R Q. lJJ ::; 0 :I: lJJ -' co 0 ::; 1m ~~...~ CUP 05-33 FAIRHAVEN MEMORIAL PARK EXPANSION 1701 EAST FAIRHAVEN AVENUE A .gy P LAN N N G AND B U L D N G AGE N C Y EXHIBIT 2 31A-11 ~ MAYOR Miguel A. Pulido MA YOR PRO TEM Lisa B ist COUNCIL MEMBERS Claudia C. Alvarez Carlos Bustamante Alberta D. Christy Mike Garcia Jose Solorio ~ ~ CITY OF SANTA ANA ~ CITY MANAGER David N. Ream CITY ATTORNEY - Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy \ \ PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 . Santa Ana, California 92702 (714) 667-2700. Fax (714) 973-1461 www.santa-ana.org NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Fairhaven Memorial Park Expansion Project Description: The proposed project is a request for a conditional use permit to expand Fairhaven Memorial Park Cemetery Project Location: 1701 Fairhaven Avenue Project Number: ER-2005-28 Public Review Period: 12/22/2005 to 01/20/2006 Hearing Date: 1/23/2006 Hearing Location: City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Ana, CA 92702 The Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before 01/20/2006. Please direct your comments to Dan Bott: Environmental Coordinator, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA; 92702. If you have any questions or would like any additional information, please contact Karen Haluza at (714) 667-2700. RHCB\/notice\er CUP 05-33 3~~~~ CS.6Q6.2 INITIAL STUDYIMITIGATED NEGATIVE DECLARATION FAIRHA VEN MEMORIAL PARK EXPANSION ER-2005-28 Prepared City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 December 2005 31A-,.13 FAIRHAVEN MEMORIAL PARK EXPANSION INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ER 2005-28 PROPOSED PROJECT The proposed project is a request for a conditional use permit to expand Fairhaven Memorial Park Cemetery. SETTING The project site consists of approximately 8-acres and is located in the northeastern portion of the City of Santa Ana, Orange County, California. As shown on Exhibit 1, local access to the project site is provided from Cambridge Street and Fairhaven Avenue. Regional access to the project site is provided from State Route 22 via the Tustin Avenue exit. The project site currently exists has an orange grove and a storage area for boxed palm trees. The project site is situated within urbanized setting and is surrounded by single-family residential neighborhoods to the north, west and eastl and a portion of the existing Fairhaven Memorial Park to the south. An existing single family residence owned by Fairhaven Memorial Park is located at the southwest corner of the project site. The General Plan designation for the project site is Open Space. The Open Space designation applies to parks, water channels, cemeteries and other open space uses. The zoning for the project site is Agriculture. Under the Agriculture designation, cemeteries are conditionally permitted. PROJECT DESCRIPTION The proposed project involves an expansion of the Fairhaven Memorial Park Cemetery on the project site. The proposed project consists of two phases of improvements. Phase 1 The Phase 1 improvements would involve the development of three 256-square foot mausoleum buildings at the northeaster corner of the project site. The mausoleum buildings would be used for the internment of remains. 1 31~14 FAIRHAVEN MEMORIAL PARK EXPANSION INITIAL STUDY/MITIGATED NEGATIVE DECLARATION ER 2005-28 PROPOSED PROJECT The proposed project is a request for a conditional use permit to expand Fairhaven Memorial Park Cemetery. SETTING The project site consists of 10.58-acres and is located in the northeastern portion of the City of Santa Ana, Orange County, California. As shown on Exhibit 1, local access to the project site is provided from Cambridge Street and Fairhaven Avenue. Regional access to the project site is provided from State Route 22 via the Tustin Avenue exit. The project site currently exists has an orange grove and a storage area for boxed palm trees. The project site is situated within urbanized setting and is surrounded by single-family residential neighborhoods to the north, west and east, and a portion of the existing Fairhaven Memorial Park to the south. An existing single family residence owned by Fairhaven Memorial Park is located at the southwest corner of the project site. The General Plan designation for the project site is Open Space. The Open Space designation applies to parks, water channels, cemeteries and other open space uses. The zoning for the project site is Agriculture. Under the Agriculture designation, cemeteries are conditionally permitted. PROJECT DESCRIPTION The proposed project involves an expansion of the Fairhaven Memorial Park Cemetery on the project site. The proposed project consists of two phases of improvements. Phase 1 The Phase 1 improvements would involve the development of three 256-square foot mausoleum buildings at the northeaster corner of the project site. The mausoleum buildings would be used for the internment of remains. 1 31~15 " Exhibit 1 Vicinity Map 31A.,.16 Near the northern boundary of the project site, a 1,604- square foot pavilion building would be developed. The pavilion building would be used for committal services and inurnments. Along the southern boundary of the project site, near Fairhaven Avenue, a 3,024-square foot mausoleum building would be developed. Additionally garden area around the building would be used for single depth graves. Phase 2 The Phase 2 improvements involve the construction of six 1,200 square foot mausoleum buildings and garden lawn areas. Within the Phase 2 area the existing single family residence would be retained. A site plan of the proposed project is available for review at the City of Santa Ana Planning Division. CONSTRUCTION OPERATIONS The construction operations would involve clearing of existing orange trees, removal of boxed palm trees and site grading to construct building pads, and access ways. Approximately, 5,000 cubic yards of soil would be graded. All grading would be balanced on site. Local drainage would be collected onsite and discharged into the public storm system. ENVIRONMENTAL ANALYSIS The following is an environmental analysis on the proposed project based on the City of Santa Ana CEQA Environmental Checklist Form. The analysis incorporates by reference the analysis and findings provided in the City of Santa Ana General Plan Land Use Element FEIR (SCH 97071058) . Additionally, a Phase II Environmental Site Assessment and an Agriculture Land Evaluation has been incorporated into the environmental analysis. For each environmental issue, the analysis identifies the level of impact that is anticipated to occur. Where applicable, mitigation measures have been identified to reduce potentially significant impacts to a level considered less than significant. 2 31~17 I. AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, trees, rock outpourings a State highway? including but not limited to and historic buildings within Less Than Significant Impact The project site is currently in agriculture use. While the project site is not considered a scenic vista, it does provide open space relief within the urbanized setting of the project area. Implementation of the proposed project would remove the agriculture resources on the project site to allow for the expansion of the memorial park cemetery. Even though the project site would be developed with cemetery land uses, the project site would still reflect an open space garden like setting and would continue to provide open space relief within the project area. C. Substantially degrade the existing visual character or quality of the site and its surrounding? Less Than Significant Impact The City of Santa Ana has an adopted Urban Design Element that establishes policies, programs and design elements to enhance the aesthetic environment of the City. Development projects proposed in the City are reviewed for consistency with the Urban Design Element. The design elements that are relevant to the project site include; Design District. Design District According to the City's Urban Design Element, the project site is located within the Cabrillo Design District. The Urban Design Element establishes goals and policies to help guide the design of development projects proposed within a Design District. Specifically, land uses proposed within a Design District should exhibit high quality design and should incorporate design elements that are proportional and aesthetically related to the district setting. The proposed project has included architectural and landscape treatments to compliment the existing aesthetic environment. Through the City's site plan review process 3 31~18 the design of the proposed project was determined to be in compliance with the intent of the district design element. Implementation of the proposed project would not degrade the existing visual character of the Cabrillo Design District setting. D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact The project site is currently improved with existing on- street lighting. Implementation of the proposed project would not introduce substantial new sources of light and glare into the project area. II. AGRICULTURE A. Convert Prime Far.mland, Unique Far.mland or Far.mland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Far.mland, to non-agriculture use? Less Than Significant Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the project site is designated as potential Prime Farmlands. To determine the significance of the agricultural resources on the project site, the California Department of Conservation Land Evaluation and Site Assessment (LESA) was prepared. The LESA is a point-based analysis that rates the value of agricultural land resources. The rating is determined by measuring two separate sets of factors. The first set, Land Evaluation, includes factors that measure the inherent soil-based qualities of land as they relate to agricultural suitability. The second set, Site Assessment, includes factors that are intended to measure social, economic and geographic factors that also contribute to the overall value of agricultural land. 4 31A,.19 Land Evaluation The LESA includes two Land Evaluation factors that are separately rated, the Land Capability Classification Rating, and the Storie Index Rating. The Land Capability Classification Rates the suitability of soils for most crops. Soils are rated from Class I to Class VIII, with soils having the fewest limitations receiving the highest rating of Class I. The Storie Index provides a numeric rating of the relative degree of suitability of a given soil type for intensive agriculture. According to the City's General Plan Land Use Element FEIR, the soils on the project site are San Emigdio Series. The San Emigdio Series soils are a Class I Soil that has high suitability for the intensive agriculture of most crops. Site Assessment The LESA includes four Site Assessment factors that are separately rated. These factors include project site size, water resource availability, surrounding agricultural lands and protected resource lands. Due to the project site's limited size and limited amounts of surrounding agricultural lands and lack of protected agricultural resource lands within the vicinity of the project site, the Site Assessment rating of the project site was low. However the project site did receive a high rating for water resource availability. Scoring A single Land Evaluation and Site Assessment score is generated after all of the factors have been scored. The final project scoring is based on a scale of 100 points, with a maximum of 50 points to be generated from the Land Evaluation and a maximum of 50 points generated from the Site Assessment factors. Table AG-1 identifies the Land Evaluation and Site Assessment thresholds to determine the significance of agricultural land resources. 5 31~20 Table AG-1 Land Evaluation/Site Assessment Scoring Thresholds Total Scoring Scoring Decision 0 to 39 Points Not Considered Significant 40 to 59 Points Considered Significant only if Land Evaluation and Site Assessment subscores are each greater than or equal to 20 points 60 to 79 Points Considered Significant unless either Land Evaluation or Site Assessment subs core is less than 20 points 80 to 100 Points Considered Significant Project Determination Table AG-2 indicates that the project site was determined to have final LESA Score of 65. Based on the thresholds identified in Table AG-1, the agricultural resources on the project site are not considered significant because the Site Assessment factor is less than 20 points. Therefore, the implementation of the proposed project would not result in the loss of any prime or unique agriculture lands. Table AG-2 Final LESA Score sheet Factor Name Factor Factor Weighted Rating Weighting Factor Rating LAND EVALUATION Land Capability 100 .25 25 Classification Storie Index Rating 100 .25 25 SITE ASSESSMENT Project Size 0 .15 0 Water Resource 100 .15 15 Availability Surrounding 0 .15 0 Agricultural Lands Protected Resource 0 .15 0 Lands TOTAL 65 6 31A,.,21 III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? No Impact The project site is located within the South Coast Air Basin and subject to the requirements of the Clear Air Act at both the Federal and State level, as implemented by the South Coast Air Quality Management District. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional planning programs and/or local general plans. The proposed project is consistent with the General Plan. Implementation of the proposed project would not exceed the population and traffic growth proj ections in the General Plan and would not be in conflict with the air quality objectives established in the South Coast Air Quality Management Plan. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? Potentially Significant Unless Mitigation Incorporated As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality pollutants in the South Coast Air Basin. Pollutants for which ambient standards have been set are referred to as criteria pollutants. Criteria pollutants include Ozone (03), Carbon Monoxide (CO), Nitrogen Dioxide (N02), Sulfur Dioxide (S02), and Particulate Matter (PM10). The South Coast Air Basin is currently a non-attainment area for Carbon Monoxide, Ozone and Particulate Matter. The SCAQMD considers an air quality impact to be significant if it exceeds the criteria pollutant thresholds identified in the Table A-I. 7 311A1"T22 Table A-1 EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Day Quarter Pounds/Day Carbon Monoxide 550 24.75 550 Reactive Organic Compounds 75 2.5 55 Nitrogen Oxides 100 2.5 55 Particulate Matter 150 6.75 150 Long-term Operational Air Quality Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the proj ect site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project is consistent with the General Plan. The long-term operational emissions generated by the proposed project would be consistent with the air pollutant emissions projected within the General Plan Land Use Element FEIR. Short-term constructed Related Air Quality Impacts Construction operations for the proposed project would involve the grading of approximately 5,000 cubic yards of soil and a limited amount of building construction. Given the minimal amount of grading and construction activity, less than significant construction related air quality impacts are expected. However, dust generated from construction operations could be a nuisance to nearby land uses. To minimize dust impacts during construction, the proposed project would be subject SCAQMD Fugitive Dust Rule 403. To insure compliance with Fugitive Dust Rule 403 the following mitigation measure shall be implemented. Mitigation Measure · Grading plans and construction plans for the proposed project shall reflect the following notes: 8 3tA~23 1. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. 2. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. 3. Streets surrounding the proj ect site should be cleaned at the end of each day of construction. 4. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 5. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact The proposed proj ect would be consistent with the City's General Plan and the local growth forecasts for the Orange County sub region and regional emissions budget developed by the Southern California Association of Governments for the 1999 Air Quality Management Plan. SCAG has determined that the air pollution impacts of any project that conforms to local growth forecasts would be consistent with this forecast and the regional air quality impacts would be adequately mitigated by the Plan to a level considered less than significant. The proposed project is consistent with the General Plan and the South Coast Air Quality Management Plan and therefore would not result in significant cumulative air quality impacts. D. Expose Sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact 9 31Ar,24 Implementation of the proposed project would not exceed the South Coast Air Quality Management District threshold for potentially significant long-term, short-term or cumulative air quality impacts. Therefore, implementation of the proposed proj ect would not expose sensi ti ve receptors to any substantial concentrations of air quality pollutants. E. Create objectionable odors affecting a substantial number of people? Less Than Significant Impact The operation of the proposed proj ect would not generate significant objectionable odors to the public. During construction operations some obj ectionable odors could be emitted from construction equipment. However, the potential odor impacts would be short-term and would not be considered significant. IV. BIOLOGICAL RESOURCES A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and game or U. S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact The project According to site the is situated within an California Department of urban Fish setting. and Game 10 31A,.25 Natural Diversity Data Base and the City's Updated General Plan Land Use Element FEIR, there are no .sensitive biological resources located on or within the nearby vicinity of the project site. Therefore, implementation of the proposed project would not result in any adverse impacts to any sensitive biological resources. V. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? No Impact According to the City of Santa Ana Local Register of Historical Structures and the Federal Register of Historical Structures, there are no historically significant structures located on the project site. B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of for.mal cemeteries. Potentially Significant Unless Mitigation Incorporated According to the City's General Plan Land Use Element FEIR there are no known cultural resources on the project site. However, the City's General Plan Land Use Element FEIR indicates that the City of Santa Ana has a probability for the discovery of unknown cultural resources. The project site is vacant, there is the potential that unknown cultural resources could be present. Mitigation Measure . In the event unknown cultural resources are encountered during construction operations, all construction activity near the finding shall halt and the City's Environmental Coordinator shall be contacted for appropriate action. 11 31A,.26 VI. GEOLOGY/SOILS A-1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? No Impact According to the Seismic Hazard Zone Map, the proj ect site is not located within a current Alquist-Priolo Earthquake Faul t Zone for fault surface rupture hazard. The surface traces of any active or potentially active faults are not known to pass directly through or extend towards the project si te. Therefore, the potential for surface rupture due to faulting occurring beneath the site during the design life of the proposed project would be considered low. A-2. Strong Seismic Ground shaking? Less Than Significant Impact The project site is situated within a highly active seismic region of southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the proj ect site. The Newport/Inglewood Fault located approximately 13 miles south from the City of Santa Ana has the potential to result in an earthquake at a magnitude of 6.9. A seismic event of this scale could potentially result significant damage to the proposed proj ect. However, the seismic risks at the project site would not be considered significantly different from other areas in the southern California region. Through the City's development review process, the proposed project would be required to prepare a geotechnical report that identifies the seismic constraints on the project site and geotechnical recommendations to reduce potential seismic hazard impacts to a level that would be less than significant. A-3. Seismic-related ground failure, including liquefaction? Less Than Significant Impact Soil liquefaction occurs when loose soil deposits below the water table are subjected to large ground accelerations generated from seismic events. Liquefaction is generally 12 31A,27 known to occur in saturated cohesionless soils at depths shallower than about 50-feet. According to the City's General Plan Land Use Element EIR, the project site is considered to have a High to Very High potential for liquefaction hazard impacts. Through the City's development review process, the proposed project would be required to prepare a geotechnical report that identifies the liquefaction constraints on the project site and geotechnical recommendations to reduce potential liquefaction impacts to a level that would be less than significant. A-4. Landslides No Impact The project area is flat without any topographical relief. According to City's General Plan Land Use Element FEIR, there are no landslide pl'anes or slopes on the project si te. Therefore, implementation of the proj ect would not result in adverse impacts in regards to landslides. B. Would the project result in substantial soil erosion or the loss of topsoil? Potentially Incorporated Significant Impact Unless Mitigation Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Even though the proposed proj ect would involve a limited amount of grading, uncovered soils on the project site could result in erosion impacts to nearby drainage facilities. The erosion impacts could potentially increase during periods of rain. To reduce potential erosion impacts to a level that would be less than significant, the proposed project would be required to prepare a Storm Water Pollution Prevention Plan and obtain a General Construction Activity Storm Water Permit. Mitigation Measure 13 31-A'T28 . Prior to the issuance of grading permits the proj ect applicant shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: a. A copy of the State Water identifies the project's permit Resource Control permit number. issued by Board the that b. Two copies of Prevention Plan the Storm Water Pollution C. Would the proj ect result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element FEIR the proposed proj ect does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact The City's Land Use Element FEIR provides a general classification of soil conditions in the City. According to the City's General Plan Land Use Element FEIR the proj ect site consists of Omni Series Soils that have high shrink/swell potential, high potential for corrosion of uncoated steel and moderate potential for corrosion of concrete. The soil conditions on the project site would not provide a significant constraint to the geologic stability of the project site. Through the City's development review process, a construction-level geotechnical report would be required to evaluate site specific soil conditions on the project site. Design recommendations from the report would be incorporated into the project to insure the geotechnical stability of the project. 14 31A-r29 E. Where sewers are wastewater is the of septic tanks systems? not available for the disposal of soil capable of supporting the use or alternative wastewater disposal No Impact The project site is located within urban setting where sewer service is available. The proposed project would not require septic tanks or alternative disposal systems. VII. HAZARDS/HAZARDOUS MATERIALS The following analysis is based on a Limited Phase II Environmental Site Assessment prepared for the project site by Rincon Consultants in November of 2005. The report is presented in its entirety in Appendix A. A. Create a significant hazard to environment through the routine disposal of hazardous materials? the public transport, or the use or Less Than Significant Impact Setting The Fairhaven Memorial project site is currently and historically been used for agriculture purposes. There is the potential the residual pesticides and metals could be present in the soils. These potential contaminates could pose a hazard to workers if not properly disposed of or if contained in surface water runoff could result in adverse water quality impacts. A Phase II Environmental Site Assessment was prepared to determine the presence of residual pesticides and metals in the soil. A total of eight borings were conducted on the project site at depths ranging from 0.5-feet to 3-feet below grade. A total of 40 soil samples were collected. The soil samples were tested for pesticides in accordance with Environmental Protection Agency (EPA) Method 8081A and for metals by EPA method 6010B and 7471A. Pesticides The EPA has developed risk-based Preliminary Remediation Goals for various pollutants in soil. Preliminary 15 31A.,30 Remediation Goals are used to screen pollutants in environmental media, to trigger further investigation and to provide initial clean up goals. Different Preliminary Remediation Goals are established for residential and industrial properties, with stricter standards being applied for residential uses. Varying levels of pesticides were detected in the soil samples collected on the project site. However, based on the US EPA criteria, none of the samples with detected levels of pesticides exceeded the Preliminary Remediation Goal for industrial or residential uses. The State of California Department of Toxic and Substance Control (DTSC) also have threshold levels for various pollutants in soil. The total threshold limit concentration and soluble threshold limit concentration are used to determine whether excavated soil would be classified as a hazardous or nonhazardous waste for disposal purposes. The detected concentrations of pesticides in the soil samples collected on the project site were analyzed for pesticides and compared to the total threshold limit concentration thresholds established by the DTSC. None of the detected concentrations of pesticides exceeded their respective total threshold limit concentration nor were high enough to require further analysis. Metals Varying concentrations of metals were detected in the soil samples collected and analyzed for metals. Both arsenic and lead were identified to have elevated levels in the soil samples collected. The Preliminary Remediation Goals for residential and industrial settings for arsenic are 0.062 and 0.25 mgjkg. Background concentrations of arsenic found in the Eastern United States soils (non-contaminated sites) range from 0.10 to 97 mgjkg. The USEPA do not require cleanup below natural background levels. All of the analyzed soil samples detected arsenic concentrations above the Preliminary Remediation Goals for residential and industrial settings and all of the detected concentrations are within the range of naturally occurring background and concentrations for arsenic. Additionally, the levels of metals detected were compared to total threshold limit concentration levels established by the DTSC. The total threshold limit concentration was 16 31A731 used to determine whether excavated soil would be classified as a hazardous or non-hazardous waste for disposal purposes. Lead was detected in the collected soil sample at a level that required additional analysis. The subsequent analysis identified non-detect levels of soluble lead. Metal concentrations detected for all of the other samples analyzed for metals did not exceed their respective total threshold limit concentration and were not high enough to require additional analysis. B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one- quarter mile of an exi~ting or proposed school? Less than Significant Impact The construction and operation of the proposed proj ect would not result in activities that would emit hazardous emissions or acutely hazardous materials. C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact According to the Santa Ana Fire Department and the State Regional Water Quality Control Board the project site is not identified as a hazardous material/waste site. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact The closest airport to the project site is John Wayne Airport. According to the John Wayne Airport Environs Land Use Plan for John Wayne Airport, the project site is not within an accidental potential zone or crash hazard zone. 17 31A.,.32 VIII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? I. Resulting an increase in pollutant discharges to receiving waters? J. Result in significant alteration of receiving water quality during or following construction. E. Otherwise substantially degrade water quality? K. Could the proposed project result in increased erosion downstream? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d} list. If so, can it result in an increase in any pollutant of which the body is already impaired? O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland or riparian habitat? Potentially Significant Unless Mitigation Incorporated The project site is located within the Santa Ana River Watershed and drains into the San Diego Creek Sub-Watershed and the Lower Santa Ana River Sub-Watershed. The regulation of water quality within the watershed is under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana implements the goals, objectives and requirements of the 18 31A.,33 Basin Plan and Drainage Area Management Plan through the City's Local Implementation Plan. The project site drains to the west and east. Westerly from the project site, the storm water flows would drain through a series of underground storm drains along Lincoln Avenue, Santa Clara Avenue and Grand Avenue to the Santa Ana Open Storm Drain Channel before ultimately draining into the Lower Newport Back Bay. Easterly from the project site, the storm water flows would drain through an underground storm drain along Cabrillo Park Drive before ultimately draining into the Lower Newport Back Bay. The Santa Ana Regional Water Quality Control Board has identified Lower Newport Back Bay as impaired water body. The primary concern for water quality pollutants associated with the operation of the proposed project would be from urban runoff. Urban runoff is defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscaping irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since urban runoff usually originates in the street, they commonly contain many common pollutants found in streets such as oil/grease, metals and sediment. Additionally, fertilizers and other chemicals used for the maintenance of landscaped areas on the cemetery could be contained in the urban runoff. These pollutants could have an adverse water quality impacts on downstream receiving waters. During construction operations there is the potential that surface water runoff could be degraded, if conveyed into the local storm drain system, potential adverse water quality impacts could occur to downstream receiving waters. To minimize potential construction related water quality impacts, long-term operational impacts and cumulative water quality impacts associated with the proposed project, the following mitigation measures shall be implemented. 19 31A~34 Mitigation Measure . Prior to issuance of grading permits, applicant shall prepare a Water Quality plan that include the following; the project Management a. Site Assessment b. Site Design BMPs c. Applicable Routine Source Control BMPs d. Selecting and sizing the Treatment Control BMPs e. Mechanisms by which funding for long-term operation and maintenance of all structural BMPs will be provided. f. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMPs and to identify the entity in charge of implementation . Prior to issuance of grading permits the project applicant shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design, Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. . Prior to issuance of grading applicant shall provide payment Water Protection Enterprise Fee. permits the project for the Federal Clean B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact Construction operations for the proposed project would not require de-watering activities. Additionally, the proposed project would not interfere with ground water recharge because the site is not located in an area that is known to recharge the ground water system. The short-term construction operations and long-term operation of the 20 3 ~A.,3 5 proposed project would not have any adverse impact on groundwater supplies. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which, would exceed the capacity of existing or planned stor.m water drainage systems or provide substantial additional sources of polluted run-off? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. Less Than Significant Impact The project site is located within an urbanized area with improved drainage facilities. Based on a preliminary analysis of drainage conditions and facilities on the project site and the surrounding area, the City's Public Works Department has indicated that it is feasible that existing drainage facilities within the project area would be able to adequately drain the proposed project. To address cumulative drainage impacts within the project area the proposed project would be subject to Drainage Area Assessment Fees. F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? H. Place within a 100-year floodplain structures which would impede or redirect flood flows? No Impact 21 3"~6 The City of Santa Ana is a participant in the National Flood Insurance Program (NFIP). The published Flood Insurance Rate Maps (FIRM) for the project site is included on Community Panel No. 0602320278H. The project site is located entirely in Zone X, which is defined as areas beyond the limits of the 100-year flood and 500-year flood. Implementation of the proposed project would not significantly increase the potential for flood risks. IX. LAND USE/PLANNING A. Physically divide an established community? Less Than Significant Impact The proposed project would function as a continuation of the existing use located immediately south and west of the project site. The existing residential uses adjacent to the project site would be buffered from the proposed project with a combination of landscape and wall treatments. Additionally, the existing residential use located on the project site has been incorporated into the overall design and would not be adversely impacted by the long-term operation of the project. The proposed project would not physically divide any established community and no adverse land use compatibility impacts would be associated with implementation of the proposed project. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? No Impact The General Plan designation for the project site is Open Space. Under the Open Space designation, cemetery uses would be a compatible land use. The zoning for the project site is Agriculture. Under the Agriculture designation, cemeteries are conditionally permitted. Implementation of the proposed project would not be in conflict with any adopted planning programs or policies. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact 22 31~a7 According to the City's General Plan Land Use Element FEIR, the project site is not included within any habitat conservation plan or any natural community conservation plan. X. MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact According to the City's General Plan Land Use Element FEIR there are no areas in Santa Ana designated as significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. XI. NOISE Noise Standards The project site is located within the City of Santa Ana and subject to noise standards and guidelines in the General Plan Noise Element, and the Municipal Code Noise Ordinance. General Plan Noise Element The primary purpose of the City of Santa Ana Noise Element is to "Prevent significant increases in noise levels in the community and to minimize the adverse effects of currently- existing noise sources." In accordance with the Noise Element, the City has adopted noise standards and guidelines for land use planning. These guidelines for exterior noise levels as presented in Table N-1. City Of Santa Ana Land Use Table N-1 Land Use Guidelines For Exterior Noise Noise Level (dBA CNEL or Ldn) Desirable Maximum Acceptable Maximum Low Density 55 65 23 31A738 Residential Medium Density Residential 60 65 High Density Residential Schools Commercial, Office Industrial 65 70 60 65 70 70 75 75 As shown above the General Plan does not have any exterior noise standards for cemeteries. Municipal Code Noise Ordinance The City regulates stationary noise impacts on residential uses though Chapter 18, Article VI of the Municipal Code Noise Ordinance. The Noise Ordinance presents permissible noise intrusion levels and sets an exterior standard of 55 dBA between the hours of 7:00 a.m. and 10:00 p.m. and 50 dBA between the hours of 10:00 p.m. and 7:00 a.m. These standards are not to be exceeded for a cumulative period of 30 minutes in any hour. However, greater noise levels are permissible for shorter durations. The City also sets interior noise standards from noise impacts emitted from stationary sources. Section 18-313 of the Municipal Code Noise Ordinancet "Interior Noise Standards" sets allowable interior noise levels of 55 dBA between the hours of 7:00 a.m. and 10:00 p.m. and 45 dBA between the hours of 10:00 p.m. and 7:00 a.m. (Note that this equates to an interior CNEL of 56.0 dBA.) These standards are not to be exceeded for a cumulative period of more than 5 minutes in any hour, or the standard plus 5 dBA for a cumulative period of 1 minute in any hour. The Municipal Code Noise Ordinance also recognizes that some forms of noise are required for urban development and maintenance and are difficult to control. Section 18- 314(e) of the Municipal Code Noise Ordinance exempts noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday and no construction activity Sundays or federal holidays. 24 31A,,39 Threshold of Significance A significant impact would occur when a permanent increase in ambient noise levels of 3db or greater occurs when the existing CNEL is 65dB or greater. Additionally, a significant impact could occur when the stationary noise source of a project or the construction operations of a project is in conflict with the City's Noise Ordinance. A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. c. A substantial per.manent increase in ambient noise levels in the project vicinity above levels existing without the project. Less Than Significant Impact Project Area Ambient Noise Level Increases The greatest potential to increase existing ambient noise levels within the project area would be from vehicle traffic generated by the proposed project. Typically a 3 dB increase to the existing ambient noise level would occur when there is a doubling of traffic volumes within a project area. Based on the City of Santa Ana Master Environmental Assessment the proposed project would generate an average of 53 vehicle trips per day. This amount of vehicle trips would have less than a significant impact on existing ambient noise levels within the project area. Stationary Noise Impacts Given the nature of the proposed use, the proposed project would introduce a limited amount of new sources of stationary noises onto the project site. Any stationary noise sources on the project site would have to comply with the City's Noise Ordinance. B. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels. Less Than Significant Impact 25 31A~O Vibration is a trembling, quivering, or oscillating motion of the earth. Vibration can be either natural as in the form of earthquakes, volcanic eruptions, sea waves, landslides, etc. or man-made as from explosions, the action of heavy machinery, or heavy vehicles such as trucks or trains. Both natural and man-made vibration may be continuous such as from operating machinery, or transient as from an explosion. The proposed project would not involve any construction activity that would generate vibration impacts. The proposed project would involve conventional construction equipment and would result in less than significant ground borne vibration impacts. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. Potentially Significant Unless Mitigation Incorporated The proposed project has the potential to generate noise impacts during project construction. Construction-related noise impacts would largely be associated with noise from the use of construction equipment and construction activity. Two types of short-term noise impacts would occur during the construction of the proposed project. First, the transport of workers and import of construction materials to the site would incrementally increase noise levels along local access roads. However, the volume of traffic generated by the construction operations would be minimal to add measurably to the existing noise levels along major access routes. Therefore, even though there could be a relatively high single event noise exposure potentially associated with passing trucks, the increase in ambient noise levels would be less than 1 dBA when averaged over a 24-hour period and construction-related impacts associated with vehicle travel would not result in a significant noise impact. The second type of short-term noise impact is related to noise generated from construction equipment and activities. Construction is performed in discrete steps, each of which has its own mix of equipment, and, consequently, its own noise characteristics. These various sequential phases 26 31A.,.41 would change the character of the noise generated on the site and, thereforer the noise levels surrounding the site as construction progresses. Despite the variety in the type and size of construction equipment, similarities in the dominant noise sources and patterns of operation allow construction-related noise ranges to be categorized by work phase. Table N-4 identifies estimated noise levels for the various construction phases of the project. The nearest noise sensitive uses within the project area are the existing single family land uses that abut the project site. Table N-4 Typical Noise Level at Construction Sites Construction Phase Minimum Required All Applicable Equipment in Use equipment In Use Excavation 79 89 Foundation 78 78 Construction Building Construction 76 85 Finishing/Site 76 89 cleanup Construction of the proposed project would not involve the use of large quantities of construction equipment. Grading for the site would be minimal because of the flat condition of the project site. Using a worst case distance of 50-feet from the property lines of the nearest noise sensitive uses to the center of construction activities, and not accounting for the 6 foot perimeter wall around the northern boundary of the project site, noise levels could intermittently range from 78-89 dBA Leq at the nearest noise sensitive land uses. The Municipal Code Noise Ordinance recognizes that some forms of noise are required for urban development and maintenance and are difficult to control. Section 18-314(e) exempts noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities take place between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday with no construction activity permitted Sundays or federal holidays. While adverse, construction, when performed in compliance with the requirements of the Municipal Code is considered to be less than significant. While construction related noise impacts are exempt under the Municipal Code Noise 27 31A.,.42 Ordinance, the construction activities would still have the potential to create nuisance noise at adjacent and nearby land uses and should be reduced as much possible. To ensure compliance the requirements of the Municipal Code Noise Ordinance and to minimize short-term construction noise impacts the following mitigation measures shall be implemented. Mitigation Measures . Grading Plans and Building Plans for the proposed project shall note "Construction activities on the project site shall only take place between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday and no construction activity shall take place on Sundays or federal holidays". . Grading Plans and Building Plans for the proposed project shall note "No construction equipment on the project site shall operate including warming up until after 7:00 a.m. . Grading Plans and Building Plans for the proposed project shall note "All construction equipment shall be properly maintained and tuned to minimize noise emissions and all equipment shall be fitted with properly operating mufflers and air intake silencers". . Grading Plans and Building Plans for the proposed project shall note "Stockpiling and vehicle staging areas shall be located away from existing residential uses". E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact According to the Orange County Airport Environs Land Use Plan, the project site is not located within an area that is subject to high levels of aircraft noise. Therefore, implementation of the proposed project would not expose people within the project area to significant aircraft noise impacts. 28 31A,.43 XII. POPULATION AND HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed project is consistent with the General Plan. Implementation of the proposed project would not induce additional population growth into the area, nor would it displace any existing households or housing. XIII. PUBLIC SERVICES Fire Protection: Less than Significant Impact The Santa Ana Fire Department would provide fire protection and emergency medical services for the proposed project. According to the Santa Ana Fire Department, implementation of the proposed project would not significantly increase the demands for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. Police Protection: Less Than Significant Impacts The Santa Ana Police Department would provide police protection services for the proposed project. According to the Santa Ana Police Department, implementation of the proposed project would not significantly increase the demand for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. 29 31A":'44 Schools: Less Than Significant Impact The project site is included within the boundaries of the Orange Unified School District. Implementation of the proposed project would not directly generate project- specific demands for new school facilities. However, the project would be subject to provide school impacts fees to help address cumulative impacts to school services in Orange Unified School District. The payment of fees to the district would mitigate impacts on school services to a level considered less than significant. Parks, Other Public Facilities: Less Than Significant Impact The proposed project involves the expansion of the memorial park cemetery. Implementation of the proposed project would not significantly increase the demands for additional park facilities or other public facilities. XIV. RECREATION A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact The proposed project involves an expansion to an existing memorial park cemetery. Implementation of the proposed project would not increase the demands for existing recreation facilities or generate the demand for additional recreation facilities. XV. TRANSPORTATION/TRAFFIC A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? 30 31A,.45 B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact The proposed project is consistent with the City's General Plan and the traffic projections within the Circulation Element. The Public Works Department has determined that implementation of the proposed project would not result in significant project-related traffic impacts or individually or cumulatively exceed any required level of service established by the City or by the County's Congestion Management Program. c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact Implementation of the proposed project would not result in any changes to air traffic patterns. The proposed project would not result in any substantial safety risks related to aircraft traffic. D. Substantially increase hazards to a design feature Less Than Significant Impact Construction operations associated with the proposed project could result in a short-term increase of construction traffic volumes within the project area. However, the increased level of construction traffic is not expected to significantly increase vehicle or pedestrian hazards within the project area. E. Result in inadequate emergency access Less Than Significant Impact As part of the City's development review process, the Fire Department has reviewed the proposed project for potential impacts in regards to emergency access. The Fire Department has determined that adequate emergency access would be provided. 31 31A~6 F. Result in inadequate parking capacity Less Than Significant Impact The City's parking standards require a total of 45 parking spaces. The proposed project is providing a total of 48 parking spaces. Therefore, implementation of the proposed project would not result in inadequate parking capacity. G. Conflict with adopted policies supporting alternative transportation No Impact The proposed project would not be in conflict with any adopted policies regarding alternative modes of transportation. Implementation of the proposed project would not displace existing public transportation facilities. XVI. UTILITIES A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? E. Result in the deter.mination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. Less Than Significant Impact The City of Santa Ana and the Orange County Sanitation District would provide wastewater service to the project site. The treatment of wastewater would be provided at Reclamation Plant 1 in the City of Fountain Valley. The proposed project is consistent with the City's General Plan and therefore would be consistent with the City/s Urban Water Management Plan. The wastewater demands of the project are accounted for in the Urban Water Management 32 31A,47 Plan. The proposed project would not significantly increase the demand for wastewater service over current levels wastewater demand within the project area. Through the City's development review process, the Public Works Department has indicated that the City would have the ability to provide adequate waste water service to the project site. The proposed project would be required to provide appropriate sewer connection fees with the City of Santa Ana and the Orange County Sanitation District. No adverse impacts in regards to the provision of adequate wastewater service would be associated with the proposed project. c. Require or result in the construction of new stor.m water drainage facilities or expansion of existing facilities, the construction of which could cause significant effects. Less Than Significant Impact The project site is located within an urbanized area with improved drainage facilities. Implementation of the proposed project would not significantly increase the amount of surface water runoff generated from the project site. Implementation of the proposed project would not require the construction of new drainage facilities that would impact the environment. D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? Less Than Significant Impact The proposed project is consistent with the General Plan and the water demands for the project are accounted for the in the City's Urban Water Management Plan. Through the City's development review process, the Public Works Department has indicated that the City would have the ability to provide adequate water service to the project site. No adverse impacts in regards to the provision of adequate water service would be associated with the proposed project. F. Is the project served by a landfill with sufficient per.mitted capacity to accommodate the project's solid waste disposal needs? 33 31A748 G. Comply with federal, state and local statutes and regulations related to solid waste? Less Than Significant Impact The City of Santa Ana would provide solid waste disposal service for the proposed project. The proposed project would not significantly increase the demand for solid waste disposal over current levels of demand within the project area. Additionally, the City has adopted a Source Reduction and Recycling Element, which, establishes programs to reduce the City's overall demand for solid waste disposal. No significant adverse impacts would be associated with providing solid waste disposal service for the proposed project. XVII. MANDATORY FINDINGS OF SIGNIFICANCE A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Potentially Significant Unless Mitigation Incorporated Implementation of the proposed project would not substantially reduce the habitat of fish, wildlife species, or known cultural resources in that no fish, wildlife populations or known cultural resources are known to exist on the project site. Mitigation has been incorporated into the project to avoid potential impacts to unknown cultural resources that might exist on the project site. B. Does the project have impacts that are individually limited but cumulatively considerable? Less Than Significant Impact Implementation of the proposed project would not result in significant cumulative impacts. The proj ect' s incremental contribution would not be cumulatively considerable because 34 31A749 the proposed project would comply with the applicable requirements of the uniform building code, conditions of approval, mitigation measures and applicable City Ordinances, which provide specific requirements that would avoid any significant cumulative impacts within the project area. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? Less Than Significant Impact The project would not have any direct or indirect adverse impacts on human beings. Mitigation measures have been required for the construction and operation of the proposed project to insure that the project would not have a direct or indirect adverse significant impact to human beings or the environment. XVIII DETERMINATION Based upon the evidence in light of the whole record documented in the above environmental evaluation and cited references, I find that the proposed project could not have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. XVIV REFERENCES City of Santa Ana General Plan, September 1982 City of Santa Ana General Plan Land Use Element EIR, SC No. 97071058, October 1997, City of Santa Ana Zoning Ordinance, December 1998 City of Santa Ana Noise Ordinance South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, 2001 Site Visit by Dan Bott Environmental Coordinator, November 2005 35 31A,.50 National Register of Historical Resources City of Santa Ana Local List of Historical Resources California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan Flood Rate Insurance Map City of Santa Ana Noise Ordinance City of Santa Ana Development Review Committee California Department of Conservation Farmland Mapping and Monitoring Program Seismic Hazard Zone Map Limited Phase II Environmental Site Assessment, Rincon Consultants, November 2005. XX. PREPARERS Dan Bott, City of Santa Ana Environmental Coordinator 36 31A,51 City of Santa Ana Initial Study I. Project Title: Fairhaven Memorial Park Expansion III. II. Project Numbers: ER 205-148 Lead Agency Name and Address: City of Santa Ana Planning Division P.O. Box 1988 (M-20) Santa Ana, CA 92702 IV. Environmental Coordinator and Phone Number: Dan Bott (714) 667-2719 V. Project Location: 1701 Fairhaven Environmental Determination A. D On the basis of this initial evaluation, I find that: B. ~ C. 0 D. D E. D F. D The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. -) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared. December 16. 2005 Date dblEnv Form CEQA Chklst 31A"162 Page 1 of 1 Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics - Would the project: A. Have a substantial adverse effect on a scenic vista? 0 0 ~ 0 B. Damage scenic resources, including but not limited 0 0 ~ 0 to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character )if or quality of the site and its surroundings? 0 0 0 D. Create a new source of substantial light or glare which would adversely affect day or nighttime views f< in the area? 0 0 0 db\Env Form CEQA Chklst 3tAn53 Page 1 of 9 Issues & Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) D D D D D D M t( A o o D III. Air Quality - Where available, the significance criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: B. Conflict with existing zoning for agricultural use or a Williamson Contract? C. Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceed quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant concentrations? db\Env Form CEQA Chklst 31A7~4 D D D D D M D D D D ~ ~ ~ D D D Page 2 of 9 Issues & Supporting Information Sources E. Create objectionable odors affecting a substantial number of people? IV. Biological Resources - Would the project: A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources - Would the project: A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? dblEnv Form CEQA Chklst 31A7"PS Potentially Significant Impact D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D P( ~ Less Than Significant Impact f( D D D D D D D No Impact D M x )( f( jgi D D Page 3 of9 Issues & Supporting Information Sources D. Disturb any human remains, including those interred outside of formal cemeteries? VI. Geology and Soils - Would the project: A. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of an known earthquake fault, as delineated on the most recent on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 3. Seismic-related ground failure, including liquefaction? 4. Landslides? B. Would the project result in substantial soil erosion or the loss of topsoil? c. Would the project result in the loss of a unique geologic feature? D. Is the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? db\Env Form CEQA Chklst 31A7;56 Potentially Significant Impact o o o o o o o o o o Potentially Significant Unless Mitigation Incorporated ~ o o o o o x o o o Less Than Significant Impact o o o ~ % o o o f o No Impact o o ~ o o ~ o k o f( Page 4 of9 Issues & Supporting Information Sources VII. Hazardous and Hazardous Materials - Would the project: A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality - Would the project: A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? db\Env Form CEQA Chklst 31A7S 7 Potentially Significant Impact D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D ~ D Less Than Significant Impact M ~ D D D D No Impact D D k )( D ~ Page 5 of9 Issues & Supporting Information Sources C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? F. Place housing within a 1 DO-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 1 OD-year floodplain structures which would impede or redirect flood flows? H. Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. I. Result in an increase in pollutant discharges to receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash) J. Result in significant alteration of receiving water quality during or following construction? K. Could the proposed project result in increased erosion downstream? L. Result in increased impervious surfaces and associated increased runoff? db\Env Form CEQA Chklst 31A'7S8 Potentially Significant Impact D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D ~ D D D ~ t( ti D Less Than Significant Impact ~ ~ D o o o o o o ~ No Impact o o o K ~ p( o o o o Page 6 of 9 Issues & Supporting Information Sources M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? o. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact on surface water quality to either marine, fresh, or wetland waters? Q. Have a potentially significant adverse impact on groundwater quality? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland, or riparian habitat? IX. land Use and Planning A Physically divide an established community? B Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C Conflict with any applicable habitat conservation plan or natural community conservation plan? db\Env Form CEQA Chklst 31A7S9 Potentially Significant Impact D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D ~ ~ ~ D t( %- D D D Less Than Significant Impact p( D D D D D D ~ D D No Impact D D D D ~ D D D Jr Y< Page 7 of 9 X. Mineral Resources - Would the project: Issues & Supporting Information Sources A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Issues & Supporting Information Sources XI Noise - Would the project result in: A. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing - Would the project: A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? dblEnv Form CEOA Chklst 31A,60 Potentially Significant Impact D Potentially Significant Impact D D D D D D D Potentially Significant Unless Mitigation Incorporated D Potentially Significant Unless Mitigation Incorporated D D D ~ D D D Less Than Significant Impact D Less Than Significant Impact ~ jA( K D D D D No Impact )( No Impact D D D D 1\ 9( ~ Page 8 of 9 C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Issues & Supporting Information Sources XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation I Traffic A. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (Le. result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections?) db\Env Form CEQA Chklst 31A"161 o Potentially Significant Impact o o o o o o o o o o Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D Less Than Significant Impact ~ o o o o o ft( ~ 9( P( No Impact o o o o o o o D o Page 9 of9 Issues & Supporting Information Sources B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? E. Result in inadequate emergency access? F. Result in inadequate parking capacity? G. Conflict with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks )? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? db\Env Form CEQA Chklst 31A.,62 Potentially Significant Impact D D D D D D D D D D D Potentially Significant Unless Mitigation Incorporated D D D D D D D D D D D Less Than Significant Impact 9( D P< ~ ~ D ~ )( ~ ~ ~ No Impact D j;( D D D )5( D D D D D Page 10 of 9 Issues & Supporting Information Sources F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? db\Env Form CEQA Chklst 31Ar63 Potentially Significant Impact D D D D D Potentially Significant Unless Mitigation Incorporated D D ,R D D Less Than Significant Impact ~ J?1- D ~ x No Impact D D D D D Page 11 of 9 [- ~ r-- Rincon Consultants, Inc. 790 East Santa Clara Street Ventura, California 93001 805 641 1000 FAX 641 1072 i nfo@rinconconsultants.com www.rinconconsultants.com r- November 14,2005 Project 05-20290 ~ I~ l . Marla Noel Fairhaven Memorial Park & Mortuary 1702 Fairhaven Avenue Santa Ana, CA 92705 I ' ! Limited Phase II Environmental Site Assessment 8-Acre Property Fairhaven Memorial Santa Ana, California Dear Ms. Noel, This report presents the results of a Limited Phase IT environmental site assessment (ESA) conducted by Rincon Consultants, Inc. at the 8-Acre Fairhaven Memorial Site in Santa Ana, California. The Limited Phase II ESA was performed in accordance with our proposal dated September 19, 2005. Thank you for selecting Rincon for this project. If you have any questions or if we can be of any future assistance, please contact us. Sincerely, RINCON CONSULTANTS, INC. .---' , Bart Templeman Associate Environmental Scientist Figures/Tables/Appendices: Figure 1 - Vicinity Map Figure 2 - Sample Location Map Table 1 - Soil Analytical Testing Summary - Pesticides Table 2 - Soil Analytical Testing Summary - Metals Appendix 1 - Laboratory Analytical Reports Environmental S c j e n~j1A165 Planners Engineers f~ ~ r- ~ n [ ~J Limited Phase II Environmental Site Assessment 8-Acre Property, Fairhaven Memorial, Santa Ana, California EXECUTIVE SUMMARY This report presents the results of a limited Phase II environmental site assessment (ESA) that was performed at the Fairhaven Memorial Park & Morturary site located at Cambridge Avenue and Fairhaven Avenue in Santa Ana, California. The purpose ofthe site assessment was to determine if soil at the subject property has been affected by historical agricultural use associated with the site. On October 17, 2005, eight hand auger borings (HAl through HAS) were advanced on the subject property. The hand auger borings were advanced to 3 feet below grade. Five soil samples were collected from each boring at depths of 0.5, 1, 1.5,2 and 3 feet below grade. Varying concentrations of pesticides were detected in the soil samples collected and analyzed for pesticides. None ofthe detected pesticides exceeded Preliminary Remediation Goals (PRGs) or Total Threshold Limit Concentration (TTLe) thresholds established by the United States Environmental Protection Agency (USEP A) or the State of California Department of Toxic Substances Control (DTSC). ,,,~ V arying concentrations of metals were detected in the soil samples collected and analyzed for metals. The PRGs for residential and industrial settings for arsenic are 0.062 and 0.25 mg/kg, respectively. Background concentrations of arsenic found in western United States soils (non- contaminated sites) range from 0.10 to 97 mg/kg (Shacklette and Boerngen, Element Concentrations in Soils and Other Surficial Materials of the Contermil1ous United States, USGS, 1984). The USEP A states that generally they do not require cleanup below natural background levels. In light of this fact and in our experience, regulatory agencies typically consider the use of local or regional background concentrations as the threshold concentration for requiring further investigation or remediation. All of the analyzed soil samples detected arsenic concentrations above the PRGs for residential and industrial settings and all of the detected concentrations are within the range of naturally occurring background concentrations for arsenic in western United States soils. --' The levels of the other metals identified in the soil samples collected from the subject property were within the published background ranges for metals in California soils. In addition, the levels of metals detected were compared to total threshold limit concentration levels established by the DTSC. The TTLC is used to determine whether excavated soil would be classified as a hazardous or non-hazardous waste for disposal purposes. STLC and TTLC levels for metals are listed in Table 2. Lead was detected in the 0.5-foot sample from boring HA-6 at a level that warranted soluble (STLC) analysis. The additional STLC analysis revealed non-detect levels of soluble lead. Metal concentrations detected for all of the other samples analyzed for metals did not exceed their respective TTLC levels and were not high enough to warrant soluble (STLC) analysis. Based on the results ofthis limited Phase II assessment, no further assessment is recommended. r Rincon Consultants 31A,.66 [ r~' ~ r' [j [ [l Limited Phase II Environmental Site Assessment 8-Acre Property, Fairhaven Memorial, Santa Ana, California INTRODUCTION This report presents the results of a limited Phase II environmental site assessment conducted by Rincon Consultants, Inc. on behalf of Fairhaven Memorial Park & Morturary at the 8-acre property located at Cambridge A venue and Fairhaven Avenue in Santa Ana, California. The limited Phase II ESA was performed in general accordance with our proposal dated September 19,2005. The following sections provide an overview ofthe project history; describe the purpose and scope of the project, the physical setting, and sampling and analytical testing methodologies; provide the results of the sampling and testing program; and provide conclusions and recommendations. PROJECT HISTORY c...j According to Marla Noel, representative for Fairhaven Memorial, the property has been historically developed with orange groves. The site is currently in agricultural use and leased to a palm tree grower. The current expansion ofthe cemetery includes redeveloping the site as part of the cemetery. According to Ms. Noel, the City of Santa Ana has requested a limited Phase II environmental site assessment to assess the 8-acre site. Based on the historical agricultural use of the site, the City of Santa Ana has requested that a limited Phase II ESA be performed to assess the site for potential pesticides and metals typically associated with agricultural use. I~ I -., PURPOSE AND SCOPE - ~ The purpose of the limited Phase II ESA was to determine if soil at the subject property has been affected by historical agricultural use. Our scope of work included the following: . Complete 8 borings on the property. The soil borings were advanced using a hand auger. -, --l , . Collect samples at 0.5, 1, 1.5,2, and 3 feet below grade in each boring. Initially the 0.5 and 1 foot deep samples were analyzed for chlorinated pesticides by EP A method 8081A and Title 22 metals by EP A method 601 OB. The remaining samples were held for further analysis depending on the results ofthe initial sampling. . Analyze the 0.5 foot deep sample from boring HA-6 for soluble lead. . Prepare an assessment report documenting the sampling and testing program. .J oJ J ,.. Rincon Consultants 31Ai67 f' f' f' r' r~ [ [1 [; Limited Phase II Environmental Site Assessment a-Acre Property, Fairhaven Memorial, Santa Ana, California GEOLOGIC AND HYDROGEOLOGIC SETTING TOlJof.[ralJhv The current USGS topographic map (Orange Quadrangle 1981) indicates that the site is situated at an elevation of about 190 feet above mean sea level with topography sloping slightly to the southwest. Site Geology According to the Geologic Map of Orange County (Miller, 1981), the site is underlain by alluvium and colluvium. The USDA soil survey for this area (Soil Survey, Orange County and Western Riverside County, 1978) indicates that the soil types present in the site vicinity are primarily San Emigdio series soils. San Emigdio series consists of well-drained soils on flood plains and alluvial fans that formed in mixed alluvium. Regional Groundwater Occurrence and Duality '-~'"l According to the Orange County Water District Groundwater Contour Map (November 1994), groundwater in the vicinity of the site is approximately 50 feet above mean sea level. This corresponds to a depth of 140 feet below grade. A review of the State of California Geotracker website shows depth to water in this area to be approximately 110 feet below grade. METHODOLOGY HAND AUGER SAMPLING Eight hand auger borings were advanced at the locations shown in Figure 2. The borings were advanced to a maximum depth of 3 feet below grade. Five soil samples were collected from each boring at depths of 0.5, 1.0, 1.5,2 and 3 feet below grade. A total of 40 soil samples were collected during this assessment. The borings were advanced using a 4-inch diameter, stainless-steel hand auger. At the designated sampling depth, a soil sample was collected directly from the hand auger and put into a 4 ounce glass jar. Samples were labeled and stored in a cooler with blue ice pending delivery to the analytical laboratory. The borings were backfilled with the cuttings. The sampling equipment was decontaminated between uses by washing with a non-phosphate solution followed by a potable water rinse. LABORATORY ANALYSIS The soil samples were transported to American Scientific Laboratories of Los Angeles, California under chain-of-custody documentation. Initially, 16 soil samples (from depths of 0.5 and 1 foot below grade) were tested for chlorinated pesticides by EP A Method 8081 A and for Title 22 metals by EP A method 6010B and 7471A. Soil samples from 1.5,2, and 3 feet below ,.. Rincon Consultants 31A-r68 ~ ~ r-' L n r [ r" Limited Phase II Environmental Site Assessment 8-Acre Property, Fairhaven Memorial, Santa Ana, California grade were placed on hold pending analytical results from the 0.5 and 1 foot samples. Following the initial analysis, the 0.5-foot sample from boring HA-6 was analyzed for soluble lead by EPA method 6010B. RESULTS SOIL SAMPLING No soil discoloration was noted for the soil samples collected. Soil was comprised primarily of light brown, dry, loos~ silty sand at the surface, becoming dense silty sand at 3 feet below grade. No groundwater was encountered in the borings. A summary of the soil analytical testing program is included in Tables 1 and 2. Copies of the laboratory analytical reports are included in Appendix 1. The pesticides Chlordane, 4,4 DDE, and 4,4 DDT were detected at varying concentrations in the soil samples collected from 0.5 and 1 feet below grade. Varying concentrations of metals were detected in the soil samples collected from 0.5 and 1 feet below grade. DISCUSSION This section provides a discussion of the significance of the reported site contaminant concentrations relative to published thresholds. To evaluate the significance of the reported contaminant levels in the soil samples collected from beneath the subject property, we compared these levels to threshold levels established by the United States Environmental Protection Agency (USEPA) and the State of Cali fomi a Department of Toxic Substances Control (DTSC). " -, Pesticides in Soil: The USEP A has developed risk-based Preliminary Remediation Goals (pRGs) for various pollutants in soil (USEP A Region IX, Preliminary Remediation Goals Tables, 2004). PRGs can be used to screen pollutants in environniental media, trigger further investigation, and provide an initial cleanup goal. PRGs consider exposure to pollutants by means of ingestion, dermal contact, and inhalation, but do not consider impact to groundwate~. PRGs have been developed for both industrial and residential sites. Residential and industrial ' PRGs for pesticides are listed in Table 1. Pesticides were detected at varying concentrations in the soil samples collected and analyzed for pestic~des (Table 1). The detected concentrations of pesticides were all below their respective PRGs for residential properties and substantially less than their respective PRGs for industrial properties. ~j J Varying levels of the pesticides 4,4'-DDE (ND to 8.311lg/kg), 4,4'-DDT (ND to 30.3 Ilg/kg), and Chlordane (ND to 68.8 Ilg/kg) were detected in the soil samples collected and analyzed for pesticides. Table 1 provides a comparison of the concentrations of pesticides detected at the site with their respective PRGs for residential and industrial sites. Based on the USEP A criteria, none ofthe samples with detected levels of pesticides exceeded their respective PRGs for residential or industrial soils. r Rincon Consultants 31tA,.69 ,~ ~ ,-- r: [: r: r-: r~ [-' Limited Phase II Environmental Site Assessment 8-Acre Property, Fairhaven Memorial, Santa Ana, California The State of California DTSC has also developed threshold levels for various pollutants in soil. The total threshold limit concentration (TTLC) and soluble threshold limit concentration (STLC) are used to determine whether excavated soil would be classified as a hazardous or non- hazardous waste for disposal purposes. The detected concentrations of pesticides in the soil samples collected and analyzed for pesticides were compared to the TTLC thresholds established by the DTSC. None of the detected concentrations of pesticides exceeded their respective TTLCs nor were high enough to warrant soluble (STLC) analysis. Metals in Soil: Varying concentrations of metals were detected in the soil samples collected and analyzed for metals. The PRGs for residential and industrial settings for arsenic are 0.062 and 0.25 mg/kg, respectively. Background concentrations of arsenic found in western United States soils (non-contaminated sites) range from 0.10 to 97 mg/kg (Shacklette and Boerngen, Element Concentrations in Soils and Other Surficial Materials of the Conterminous United States, USGS, 1984). The USEP A states that generally they do not require cleanup below natural background levels. In light of this fact and in our experience, regulatory agencies typically consider the use of local or regional background concentrations as the threshold concentration for requiring further investigation or remediation. All of the analyzed soil samples detected arsenic concentrations above the PRGs for residential and industrial settings and all of the detected concentrations are within the range of naturally occurring background concentrations for arsenic in western United States soils. In addition, the levels of metals detected were compared to total threshold limit concentration levels established by the DTSC. The TTLC is used to determine whether excavated soil would be classified as a hazardous or non-hazardous waste for disposal purposes. STLC and TTLC levels for metals are listed in Table 2. Lead was detected in the O.5-foot sample from boring HA- 6 at a level that warranted soluble (STLC) analysis. The additional STLC analysis revealed non- detect levels of soluble lead. Metal concentrations detected for all of the other samples analyzed for metals did not exceed their respective TTLC levels and were not high enough to warrant soluble (STLC) analysis. CONCLUSIONS Based on the soil sampling and analysis for this Phase II ESA, the following has been concluded: . The levels of pesticides detected in soil samples collected from the subject property do not exceed PRG or TTLC thresholds established by the USEP A and DTSC. · The levels of metals identified in the soil samples collected from the subject property were within the published background ranges for metals in western United States soils. · Lead was detected in the 0.5-foot samples collected from boring HA-6 at a level that warranted soluble (STLC) analysis. The additional STLC analysis revealed non-detect levels of soluble lead in that soil sample. Detected levels of metals in the other soil samples did not exceed PRG or TTLC thresholds established by the USEP A and DTSC. -' r Rincon Consultants 351 A "77 0 fi r r' 11 f'-' _1 n n r' [u: Limited Phase II Environmental Site Assessment 8-Acre Property, Fairhaven Memorial, Santa Ana, California RECOMMENDATIONS Based on the results of this limited Phase II ESA, no further assessment is recommended. LIMITATIONS This report has been prepared for and is intended for the exclusive use ofFairhaven Park & Mortuary. The contents of this report should not be relied upon by any other party without the written consent of Rincon Consultants, Inc. Our conclusions regarding the site are based on the results of a limited subsurface sampling program. The results of this evaluation are qualified by the fact that only limited sampling and analytical testing was conducted during this assessment. This scope was not intended to completely establish the quantities and distribution of contaminants present at the site or to determine the cost to remediate the site. The concentrations of contaminants measured at any given location may not be representative of conditions at other locations. Further, conditions may change at any particular location as a function of time in response to natural conditions, chemical reactions and other events. Conclusions regarding the condition of the site do not represent a warranty that all areas within the site are similar to those sampled. ,.j: r Rincon Consultants 3 \Ai71 ~ Limited Phase II Environmental Site Assessment Fairhave Memorial, Santa Ana, California ~ 1" ~ n n n r-' -, [ l-l 117051.000. W fl .5 WGS84 117050.000' VV 1 MILE , ........ . . . . . . . . . . . .' Site Boundary I Isource: USGS 1981 -' E9 Vicinity Map NORTH Figure 1 Rincon Consultants ~ r 31AJ2 - I I o o '<:t r' o o C\l (j) ~ .!;; <Il ro () III .$ ell E 'x e 0. 0. ell " [ o r' [ r; [, ~ CO "'0 C :::I o CO >- t Q) c.. e a... ...... . . . . . . . . . . . . . . . . . . . . ......1 31A713 c.. Ctl ~ c o +:J Ctl U o -' L... Q) 0> :J <!: "'0 C Ctl I C\l CD ..... ~ .Q> LL Ctl Ctl.- .- C ..... ..... o 0 E~ Q) Ctl ~O c Ctl Q) c ~<!: .cCtl ..... ...... Ctl c LLCtl (f) c o :z::; CO U o ....J 0> C .C o CO I... Q) 0> :::I <( "'0 C CO I ~ "l"'" <C J: ~ r' [ r: n Table 1 - Analytical Testing Summary - Pesticides [; .-.~ Sample Depth Pesticides (ug/kg) Designation (feet) 4,4'-000 4,4'-DDE 4,4'-DDT Chlordane HA1 0.5 ND ND ND ND 1 ND 8.31 ND ND HA2 0.5 ND ND ND 5.08 1 ND ND ND ND HA3 0.5 ND ND 12.3 7.59 1 ND ND ND ND HA4 0.5 ND ND ND ND 1 ND ND ND ND HAS 0.5 ND ND 30.3 68.8 1 ND ND 25 36.5 HA6 0.5 ND ND ND 7.91 1 ND ND ND 11.68 HA7 0.5 ND ND ND ND 1 ND ND ND ND HAS 0.5 ND ND ND ND 1 ND ND ND ND Detection Limit 4.0 4.0 4.0 2.0 USEPA PRG-Residential 2,400 1,700 1,700 1,600 USEPA PRG-Industrial 10,000 7,000 7,000 6,500 STLC 100 100 100 250 TTLC 1,000 1,000 1,000 2,500 r-: ND - not detected J..Ig/kg - micrograms per kilogram (parts per billion) USEPA PRG - United States Environmental Protection Agency, Region 9, Preliminary Remediation Goal for residential and industrial sites (October 2004) STLC - Soluble threshold limit concentration TTLC.c Total threshold limit concentration Analysis: Pesticides - EPA Method 8081A (see attached laboratory report for complete listing of pesticides) _i 17 31A.,.74 r' r r~ r' r] .!!! ctI - Q) :E U 0::: () () "- ..... 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San Fernando Rd., Los Angeles, CA 90065 Tel: (323) 223-9700 Fax: (323) 223-9500 ~ I~ Ordered By n Telephone Attn (805) 641-1000 Bart Templeman 27266 10/19/2005 Gl:ten€ .' . RINCON [1 n [' Project ID: 05-20290 proj ect Name: Fairhaven Memorial [ l: Enclosed are the results of analyses on 16 samples analyzed as specified on attached chain of custody. 6-A~5j. Rojert G. Araghi Laboratory Director ..J J Nneric"" Scientific Laboratones;LLC.. ('}SI.) aCf~PtssaTpl~Jll~t~ri~l~ fron:cli~n~sfCl'''f~Iysis~th~(te~su.mRtiClI\lf'at al1orth~ .inf~nna~on. provide.~ ..' to AS!,. yerb~llyorinc ~i~ng by our client~ (a~dlor tI1eir. a~ents)!re~ardin~saIl1ples~ein~ .s~Rl)1ittedto. A.~hj~c~TIlg!~tRaIld~cf~~ate.. ~L acc~p~.an samples subject tCl thefonowing~onditions: ... I). ASLis not ~,;spon~ibI5for ve~fying.aIly,~I!~nt-PEor~~d.!n~p.~ti,~~re~l!f~t~'..ny.s~p:IR~~~~Ii1hte1to~ela~pr~t?p'c' ". ." .... .......... .., '.' . .............. ." ..... ,'. ..' .. 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CA 90065 Tel: (3]3) 223-9700 Fax: (323) 223.9500 " ANALYTICAL RESULTS r' Page: Project ID: Project Name: 3 05-20290 Fairhaven Memorial Job Number 27266 Order Date 10/19/2005 Client RINCON r Our Lab I.D. Method: 8081A, Organochlorine Pesticides 157879 157880 Con . Limi t % Ree. % Ree. 157881 % Ree. 157882 % Ree. 157883 % Ree. n Surrogates Surrogate Percent Recovery Decachlorobiphenyl 43-169 112 114 99 110 113 r: QUALITY CONTROL REPORT L Batch No: [: LCS LCS DUP LCSHPD LCS/LCSD LCS RPD Analytes %REC %REC %REC %Umit % Limit . ." Aldrin 56 65 14.9 42-122 <30 4,4'-DDT (DDT) 78 90 14.3 25-160 <30 Dieldrin 74 85 13 .8 36-146 <30 Endrin 87 99 12.9 30-147 <30 gamma-Hexachlorocyclohexane 54 61 12.2 32-127 <30 (Gamma-BHe, Lindane) -- Heptachlor 65 73 11.6 34-111 <30 ____'---___~___l.__J ----'-------. I -- '---- l-' r-' 31A7;BO f~ t'A~ ~ -,..; ~ ......" .. i " _ ..JtY~...,. 1i ~ ___-,....~~J : -~-~..".y--..--.---.-~~ AMERICAN SCIENTIFIC LABORATORIES, LLC FI]"I;/'O/71fzol'tffll '7""~"/I.J'0 C;ovvicp,\ _ } L ~ c--....... _ i:.;...-:' L... L-- J a.. '-"'- 2520 N. Sari Fernando 1M. !..O.\" Angeles. C\ 90065 Tel: (323) 223-9700 Fax: (323i 223-9500 I ANALYTICAL RESULTS f" Page: Project ID: Project Name: 5 05-20290 Fairhaven Memorial Job Number 27266 Order Date 10/19/2.005 Client RINCON r Our Lab I.D. Method: 8081A, Organochlorine Pesticides 157884 157885 Con. Limi t % Rea. % Rea. 157886 % Rec. 157887 % Rec. 157888 % Rec. n Surrogates Surrogate Percent Recovery Decachlorobiphenyl 43-169 112 101 98 109 95 r QUALITY CONTROL REPORT [: Batch No: [ LCS LCS DUP LCS RPD LCS/LCSD LCS RPD . Analytes %REC %REC %REC % Limit %Umit .... Aldrin 56 65 14.9 42-122 <30 4,4'-DDT (DDT) 78 90 14.3 25-160 <30 Dieldrin 74 85 13.8 36-146 <30 Endrin 87 99 12.9 30-147 <30 gamma-Hexachlorocyclohexane 54 61 12.2 32-127 <30 (Gamma-BHC, Lindane) Heptachlor 65 73 11.6 34-111 <30 [ [-' ~_1 -; u 31A7JJ1 [~ h~\ ~ -,.:. . "- Ii .. I III . 'IfIJ r.....p \ i i ~~..~~:;~-_.-~~ AMERICAN SCIENTIFIC LABORATORIES, LLC L"nnromnental Tes/ing Sen'ices 252() N. Saf1 Fert/ando Rd.. Los Angeles. CA 90065 "Ii'I: 13231223-9700 Fax: f323J 223.9500 r ANALYTICAL RESULTS [i Page: Project ID: Project Name: 7 05-20290 Fairhaven Memorial Job Nwnber 27266 Order Date 10/19/2005 Client RINCON n Our Lab I.D. Method: 808lA, Organochlorine Pesticides 157889 157890 Con.Limit % Rec. % Rec. 157891 % Rec. 157892 % Rec. 157893 % Rec. n Surrogates Surrogate Percent Recovery Decachlorobipheny I 43-169 109 120 122 112 105 [: QUALITY CONTROL REPORT [~ Batch No: [: LCS LCS DUP LCS RPD LCS/LCSD LCS RPD Analytes %REC %REC %REC % Limit % Limit . Aldrin 56 65 14.9 42-122 <30 4,4'-DDT (DDT) 78 90 14.3 25-160 <30 -- Dieldrin 74 85 13.8 36-146 <30 Endrin 87 99 12.9 30-147 <30 -- gamma- Hexachlorocyclohexane 54 61 12.2 32-127 <30 (Gamma-BHC, Lindane) ~ 73 11.6 -- Heptachlor 65 34-111 <30 ~-------- . - _...J__.__ [~ ...l -' .J 31A782 G A1\~ c= \ i ...1 PO- p. I! ~~..A'-!?..4 . ..Ar _.-' ___"_____ .-',.-........._~ AtvIERICAN SCIENTIFIC LABORATORIES, LLC f'ill'iroJ1Jnenlai Tesling Services 2520 N. Sail Fer!1wuin Rd.. Los Angeles. CA 90065 "/"1: (323! :'.23-9700 Fax: (323) 223-9500 r ANALYTICAL RESULTS r Page: Project ID: Project Name: 9 05-20290 Fairhaven Memorial Job Number 27266 Order Date 10/19/2005 Client RINCON r Our Lab I.D. Method: 8081A, Organochlorine Pesticides 157894 Con. Limi t % Rec. n Surrogates Surrogate Percent Recovery Decachlorobiphenyl 43-169 111 r-l QUALITY CONTROL REPORT fj Batch No: LCS LCS DUP LCS RPD LCS/LCSD LCS RPD Analytes %REC %REC %REC % Limit % Limit Aldrin 56 65 14.9 42-122 <30 -- 4,4'-DDT (DDT) 78 90 14.3 25-160 <30 Dieldrin 74 85 13.8 36-146 <30 Endrin 87 99 12.9 30-147 <30 gamma- Hexachlorocyclohexane 54 61 12.2 32-127 <30 __h (Gamma-BHC, Lindane) --- Heptachlor 65 73 11.6 34-111 dO -----.. -- [-' _l L: [ r--~ I --' 31A7~3 [ AA\ ; c ~ '... ; I' ~ . :Jp,.... ~ L~di' : .--.~~:;~~ .~:;:~~~ AI\1ERICAN SCIENTIFIC LABORATORIES, LLC !- ')1" i r(-)f 'Ill L''>,' 'led T" ~'ltl'11.U (,'(:J r" i F. '.> \' "-,,, I .. .. ,l _ ( .1. 1 c... . , '--~ i...~., \- I i...-- c-.) ~ 252U,V San "'I'mandn Rd. ',0.1 Angele'i. CA l)OOIi5 'hE: (323) 223-V700 FlIx: 1323 i 223-95()() r ANALYTICAL RESULTS r Page: Project ID: Project Name: 11 05-20290 Fairhaven Memorial Job Number 27266 Order Date 10/19/2005 Client RINCON n Method: 601OB1747lA, CCR Title 22 Metals (TTLC) QUALITY CONTROL REPORT n Batch No: [J LCS LCS/LCSD Analytes %REC % Limit AA Metals Mercury 108 80-120 ICP Metals Antimony 99 80-120 --.--------- --- Arsenic 97 80-120 -- ------- -- _.-- Barium 100 80-120 ----. j------- Beryllium 98 80-120 1----- ~- Cadmium 99 80-120 Chromium 88 80-120 Cobalt 102 80-120 - Copper 95 80-120 Lead 99 80-120 .---- C------- ___ ------ .0 -- Molybdenum 102 80-120 -.------- t------ ---.. -- ~el 104 80-120 f----- Selenium 96 80-120 -- Silver 99 80-120 ~!lium 99 80-120 Vanadium 98 80-120 Zinc 98 80-120 '-----. [ [ r-: [O" -, [_. r-'\ '-.0; _J -' 31A'7JJ4 r'" A~~. ~ -, ~ ~ ' ~" 1~! ~ .. ..J~..a ;:',: Ii ;i'" : ~....;z<""__~...P ..-, --.:......~ fl ---._'~ ----- ~--._..--"". AMERICAN E'llFiroJ]me mol SCIENTIFIC LABORATORIES, LLC I'" ",./' PO <" "'1'" i('", .'. .z c_ ,) . 1...",> ...) t~ ..' l _ C. ,) 2510 N. Sail l-'cnlrwdo Rd.. !-os Angd,'s. C\ 900{j5 I;'!: 1323) 223.')700 Fax: 1323; 223-<)500 [' ANALYTICAL RESULTS r Page: Project ID: Project Name: 13 05-20290 Fairhaven Memorial Job Number 27266 Order Date 10/19/2005 Client RINCON r Method: 6010B/7471A, CCR Title 22 Metals (TTLC) QUALITY CONTROL REPORT [' Batch No: r LCS LCS/LCSD Analytes %REC % Limit . AA Metals .' Mercury 108 80-120 ICP Metals Antimony 99 80-120 Arsenic ~ 80-120 --- Barium __ 100 80-120 ----- 1 - Beryllium 98 80-120 Cadmium 99 80-120 Chromium 88 80-120 -- Cobalt 102 80-120 Copper 95 80-120 Lead 99 80-120' Molybdenum 102 80-120 Nickel 104 80-120 Selenium 96 80-120 Silver 99 80-120 Thallium 99 80-120 Vanadium 98 80-120 Zinc 98 80 -12 0 [" r." ..' r~ r..' _J l' ~----" 31A'7JJS I~ A~\ c ': v.~ i ; :J~_.4 . ii! _.r....r...:l'~.J._ ."_. ~~-.------....,.....-__.~~-'~ ArvIERICAN SCIENTIFIC LABORATORIES, LLC i- "1" ;U)'1 ',}..., "'[ 'II ",-_,;1 ~. l..fif, cft (. 7':'\'lI170 \eV\,jCth' ...-,~ ,,;-, l.. ,_ . 1 '. - ..... .-, f~ 2520 N. Son Ferl/ando Rd., Los Angeles. CA <)()(}o5 hi: 1323 J 223-lJ7()() Fax: 1323,1 223. <)5()(j f' ANALYTICAL RESULTS r-~ Page: Project ID: Project Name: 15 05-20290 Fairhaven Memorial Job Number 27266 Order Date 10/19/2005 Client RINCON f Method: 601OB/7471A, CCR Title 22 Metals (TTLC) QUALITY CONTROL REPORT r Batch No: r--1 _..1 LCS LCS/LCSD Analytes %REC % Limit AA Metals Mercury 108 I 80-120 , ICP Metals Antimony 99 80-120 I Arsenic 97 80-120 -- e-. --- ---------- ---.----- 1---- -- -.---- ---- Barium 100 80-120 .- --- --.- ------ ------ Beryllium 98 80-120 .--.----- --.-.. Cadmium 99 80-120 -- --~--- L-_.._ .. - ----- -----,. '----..-..- Chromium 88 80-120 Cobalt 102 80-120 -- -----_.- ----. ---,-- I . ~-----_._--- --. -.--- -----1-----1 ~:::er ______________ 95 80-120 -- -- ----.- -J------I 99 80-120 I -1 _._n_________.__._____________ -- _u -. ~ Molybdenu~___________ 102 80-120 -.-- -1 Nickel 104 80-120 ~ ------ Selenium 96 80-120 -------- Silver 99 80-120 Thallium 99 80-120 -- ---- Vanadium 98 80-120 --- Zinc 98 80-120 ---- ---~ _____________ L-. -- r-' [ L l: I ' l_ ~ J I I-~ 31A7JJ6 r-' );A~ ~ C~..~i:; = ~J~.A .. iHjl", ~ :-..-;:-~~-~~.;;.:::-~~..:..~ A~1ERICAN SCIENTIFIC LABORATORIES, LLC t;nl'iuJi1mcnra! Tesfing Service:''\'' 152() N. Snll Ferna/ldn 1M. Las .4.17[;('/(':;. CA i){)(Jo5 'id' 1323/ 213-V70(} Fax: (323) 223-9500 ~ r~ ANALYTICAL RESULTS r Page: Project ID: Project Name: 17 05-20290 Fairhaven Memorial Job Number 27266 Order Date 10/19/2005 Client RINCON p Method: 601OB/7471A, CCR Title 22 Metals (TTLC) QUALITY CONTROL REPORT [ Batch No: L LCS LCS/LCSD Analytes %REC % Limit AA Metals Mercury 108 80-120 ICP Metals Antimony 99 80-120 Arsenic 97 80-120 -- -- I--- I 1--------.-- Barium 100 I 80-120 --- f---- Beryllium 98 80-120 Cadmium 99 80-120 ~ +----- Chromium 88 80-120 -+ Cobalt I ---+-t=-- 102 80-120 Copper 95 80-120 -- -- .-- ------------- 1--- I Lead 99 80-120 --- MolybdenuEl__ 102 80-120 - Nickel 104 80-120 --- Selenium 96 80-120 Silver 99 80-120 Thallium 99 80-120 Vanadium 98 80-120 -- Zinc I ,__~ 80-120 ""- ---+--- I ___-----'-__---.L__-.J r' r: [ 31A'7JJ7 r' ~\i L~__~ . .-.-.........~...,:;r'........di"'.- ~..v__. , , . . . . . . AivlERICAN SCIENTIFIC LABORATORIES, LLC /.'1" 'irr'pill-" I]f.d Te ,. f iru ')'e }t"ice (" ->-"'" I" ..1 ~t:.t f_l _,j.. tl...~ ~,. I q.' ~ r' 252() N. San Ferll(wdn Rd. I.ns Angeles. CA 900f>5 Tel: (323) 223.9700 Fax: (323) 213-9500 ANALYTICAL RESULTS Ordered By Rincon Consultants, Inc. 790 East Santa Clara Street Ventura, CA 93001 II fj Telephone: (805)641-1000 Attn: Bart Templeman n Page: Project ID: Project Name: 2 05-20290 Fairhaven Memorial Job Number 27415 Order Date 11/02/2005 Client RINCON [ [" .J [ [' Method: 601OB, STLC Lead Batch No: r-' i., [ Our Lab J.D. 158667 I Sample ID HA6-0.5 I - ~ Date Sampled 10/17/2005 I c-- Date Extracted 11/04/2005 1=--- ----.-.-. Preparation Method Date Analyzed 11/08/2005 r Matrix Soil Units mg/L Detection Limit Multiplier I I Analytes PQL Results . ICP Metals .. I Lead (Soluble) 0.50 ND QUALITY CONTROL REPORT Batch No: --1 LCS LCS/LCSD Analytes %REC % Limit ICP Metals _Lead (Solu~~ 92 80-120 .. ~J -J 3~~7JJ8 KO - 2/16/06 RESOLUTION NO. 2006-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR ENVIRONMENTAL REVIEW NO. 2005-28 AND APPROVING CONDITIONAL USE PERMIT NO. 2005-33 AS CONDITIONED TO ALLOW THE EXPANSION OF FAIRHAVEN MEMORIAL CEMETERY TO THE PROPERTY LOCATED AT 1701 EAST FAIRHAVEN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2005-33 to allow the expansion of the existing cemetery operations to property owned by Fairhaven located directly across the street on the north side of Fairhaven Avenue at 1701 East Fairhaven Avenue. B. Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2005-28 and Conditional Use Permit No. 2005- 33 came before the City Council of the City of Santa Ana for a public hearing January 23, 2006. The Planning Commission closed the public hearing and continued the matter to February 13, 2006. C. The property is zoned General Agriculture (A 1). Santa Ana Municipal Code Section 41-201.5 allows cemeteries, mausoleums and crematories as conditionally permitted uses within the A 1 zoning. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed project will expand an existing cemetery and will provide additional internment space for the community. In addition, the extensive landscaping included in the project and its accessibility to the public will create a park-like 31A-89 Resolution No. 2006-002 Page 1 of 9 setting that will serve as a place of quiet contemplation and open space which will provide a benefit to the surrounding community. Finally, the proposed project will construct a new public sidewalk on the south side of Fairhaven Avenue thereby improving pedestrian circulation and safety. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The potential environmental impacts of the proposed cemetery expansion have been analyzed through Mitigated Negative Declaration 2005-28 and it was determined that the proposed project would not result in any significant adverse environmental impacts. Based upon this analysis, the project will not cause any detrimental effects to the health, safety or general welfare of persons residing or working in the vicinity. In addition, the proposed project provides for extensive landscape setbacks on the northern perimeter adjacent to existing single family residential houses which will further serve to buffer the facility from the existing homes. By their nature, cemeteries are quiet, low intensity facilities that, if operated according to stringent State standards for proper internment practices, do not pose significant health threats to those who reside near, work in or visit them. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The existing cemetery, Fairhaven Memorial Park, was originally established in 1911 and is one of the oldest and most respected cemeteries in Orange County. The proposed expansion of the facility will further enhance the business operation of the cemetery and provide for its long- term economic success thereby providing a very stable use for the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 of the S.A.M.C. for such use? The project has been designed to comply with the City's design and development standards for a cemetery and will be in compliance with the regulations established in Chapter 41 of the Santa Ana Municipal Code. 31A-90 Resolution No. 2006-002 Page 2 of 9 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project is consistent with the General Plan land use designation of Open Space, which anticipates cemetery uses. The proposed construction of approximately 12,596 square feet of mausoleum and chapel space is well below the amount of square footage that could be constructed on the site per the Open Space FAR of 0.2. The property, zoned General Agriculture (A 1), allows cemeteries, mausoleums and crematories as conditionally permitted uses within the A 1 zoning district (SAMC Sec. 41-201.5). The proposed project meets or exceeds all of the City's development standards. Based upon this analysis the proposed use will not adversely affect the General Plan or any specific plan of the City. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2005-28, prepared with respect to this Project. The Planning Commission has, as a result of its consideration 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, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations ("CCR") 9 735.5(c)(1), the Planning Commission 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 9 711.2 and Title XIV, CCR 9 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2005-33 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated 31A-91 Resolution No. 2006-002 Page 3 of 9 February 13, 2006 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 13th day of February, 2006 by the following vote: AYES: Commissioners: Betancourt, Cribb, De La Torre, Gartner, Leo, Lutz (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Rodriguez (1) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2006-002 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 13, 2006. Date: Planning Commission Secretary City of Santa Ana 31A-92 Resolution No. 2006-002 Page 4 of 9 Conditions for Approval for Conditional Use Permit No. 2005-33 Conditional Use Permit No. 2005-33 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Plannina Division 1. The project shall remain in compliance with Site Plan Review DP No. 2005- 20. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The vehicular accent paving at the primary project entry on Fairhaven Avenue shall be constructed of integrally-colored concrete with a decorative scoring pattern. A plan detailing the final materials and design for the entry treatment will be submitted to the Planning Manager for review and approval prior to issuance of building permits. 4. The peaked roof architectural features on the community mausoleum buildings shall be structurally integrated into the structures as part of the roof and shall not be parapet-style additions to the fagade. 5. The new perimeter fence along Fairhaven Avenue shall match the existing decorative North Garden fence with the exception that the pilasters will be constructed with a stone veneer to match the proposed stone veneer on the community mausoleum buildings. 6. The landscape palette shall include pine trees of the species Pinus canariensis (Canary Island Pine) and Pinus halepensis (Aleppo Pine). Said trees shall be a minimum of 48 inches box in size. The landscape palette shall also include olive trees (Olea europaea) of a no-or-Iow fruit bearing variety. Said trees shall be a minimum of 48 inches box in size. A revised landscaping plan indicating the location of the trees shall be Exhibit A Page 1 of 4 Resolution No. 2006-002 Page 5 of 9 31A-93 7. submitted to the Planning Manager for review and approval prior to issuance of building permits. 8. The landscape plan shall include a water feature at the primary entry off of Fairhaven Avenue. The final design of the water feature, conceptually approved by the Planning Commission at their meeting of February 13, 2006, shall be detailed on the revised landscaping plan and submitted to the Planning Manager for review and approval prior to issuance of building permits. 9. The mosaics on the community mausoleum shall be redesigned to depict scenes of nature and the outdoors. Renderings depicting the final design of the mosaics shall be submitted to the Planning Manager for review and approval prior to issuance of building permits. Mitiaation Measures 10. Grading plans and construction plans for the proposed project shall reflect the following notes: a. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. b. All clearing and earthwork activities shall cease during periods of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. c. Streets surrounding the project site should be cleaned at the end of each day of construction. d. All material transported off site shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. e. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 11. In the event unknown cultural resources are encountered during construction operations, all construction activity near the finding shall halt and the City's Environmental Coordinator shall be contacted for appropriate action. 12. Prior to the issuance of grading permits the project applicant shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: a. A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number. b. Two copies of the Storm Water Pollution Prevention Plan. Exhibit A Page 2 of 4 Resolution No. 2006-002 Page 6 of 9 31A-94 13. Prior to issuance of grading permits, the project applicant shall prepare a Water Quality Management Plan that includes the following: a. Site Assessment b. Site Design BMPs c. Applicable Routine Source Control BMPs d. Mechanisms by which funding for long term operation and maintenance of all structural BMPs will be provided. e. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMPs and to identify the entity in charge of implementation 14. Prior to issuance of grading permits, the project applicant shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design, Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. 15. Prior to issuance of grading permits the project applicant shall provide payment for the Federal Clean Water Protection Enterprise Fee. 16. Grading Plans and Building Plans for the proposed project shall note "Construction activities on the project site shall only take place between the hours of 7:00 a.m. to 8:00 p.m. Monday Through Saturday and no construction activity shall take place on Sundays or federal holidays." 17. Grading Plans and Building Plans for the proposed project shall note "No construction equipment on the project site shall operate, including warming up, until after 7:00 a.m." 18. Grading Plans and Building Plans for the proposed project shall note "All construction equipment shall be properly maintained and tuned to minimize noise emissions and all equipment shall be fitted with properly operating mufflers and air intake silencers." 19. Grading Plans and Building Plans for the proposed project shall note "Stockpiling and vehicle staging areas shall be located away from existing residential uses." B. Police Department 1. The cemetery may operate only during the hours between sunrise and dusk and will otherwise be closed to public access thereby obviating the need for parking lot lighting. Exhibit A Page 3 of 4 Resolution No. 2006-002 Page 7 of 9 31A-95 2. Each building will have eave lighting for security purposes, though no wall- packs, or other light which may create spillover effects into the adjacent residential neighborhood, may be permitted. 3. The applicant, Fairhaven Memorial Park, pursuant to California Vehicle Code section 21100 shall provide the Chief of Police or his designate for review and approval a proposed program of instruction in the enforcement of traffic law for contracted personnel. That program shall be specifically designed for the security company designated to conduct those duties at the Memorial Park. In addition to the training program, the security guard company must be approved by the Chief of Police. During events where guests will be crossing Fairhaven Avenue the approved uniformed security guards, in a number sufficient to achieve traffic control, will direct pedestrians to safely cross Fairhaven Avenue. At each service requiring traffic control the management of Fairhaven Memorial shall notice the on duty Watch Commander of the Santa Ana Police Department of their intent to control traffic and shall specify the number of guards deployed. The approved guards shall be present during the entirety of the service in order to provide for safe pedestrian crossing and to control and direct traffic as needed. Any sworn representative from either the Police or Fire Departments has the ability to evaluate and observe the guard's performance and recommend additional training and or changes in the way the traffic control is being performed if necessary to ensure the safety of drivers and pedestrians. The Chief of Police or his designate, including both sworn police officers or firefighters, reserves the right to revoke this condition, temporarily or permanently, if they observe the traffic control being handled in an unsafe manner. Significant special events which may impact traffic at other intersections other than Columbine and Fairhaven will be required to be handled by the Santa Ana Police Department's Traffic Division. Fairhaven Memorial will be responsible for those costs. Exhibit A Page 4 of 4 Resolution No. 2006-002 Page 8 of 9 31A-96 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. On [date], I served the foregoing document described as: Resolution No. 2006- 002 on this action by placing a true copy thereof enclosed in sealed envelopes addressed as follows: [insert the following here Addressee Address] [ ] I caused to be delivered by courier, such envelope by hand to the office of the add ressee( s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ Resolution No. 2006-002 Page 9 of 9 31A-97 31A-98