HomeMy WebLinkAbout2025-023 - Addendum to Transit Zoning Code Environmental Impact Report RESOLUTION NO. 2025-023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA TO MAKE FINDINGS PURSUANT TO PUBLIC RESOURCES
CODE SECTION 21166 AND TO ADOPT THE ADDENDUM TO
THE TRANSIT ZONING CODE ENVIRONMENTAL IMPACT
REPORT (STATE CLEARINGHOUSE NUMBER NO. 2006071100)
WHEREAS, at a duly noticed public hearing held on June 7, 2010, the City Council
of the City of Santa Ana ("City Council") adopted findings and a Statement of Overriding
Considerations and certified the Transit Zoning Code Environmental Impact Report (State
Clearinghouse No. 2006071100, "Transit Zoning Code EIR"), pursuant to the California
Environmental Quality Act (Public Resources Code, §§ 21000, et seq., "CEQA"), the
regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000, et seq.,
"CEQA Guidelines") and adopted the City of Santa Ana's Transit Zoning Code ("Transit
Zoning Code"), which is designed to provide the zoning necessary to support the long-
term development of a successful transit program; and
WHEREAS, after continued research and study, two ordinances have been
developed that address the impacts from industrial land uses in the Specific Development
No. 84 (SD-84) Zoning District, also known as the Transit Zoning Code: (1) Zoning
Ordinance Amendment (ZOA) No. 2024-02 to amend certain provisions of the Santa Ana
Municipal Code and amend portions of the Transit Zoning Code, including the deletion of
industrial land uses; amendment of non-conforming regulations; and (2) Amendment
Application (AA) No. 2024-03 to remove the M1 (Light Industrial) and M2 (Heavy
Industrial) suffixes from certain properties within the SD-84 Zoning District boundary as
designated on the City of Santa Ana Zoning Map; and
WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in
furtherance of a project for which an EIR has been certified, the lead agency is required
to review any changed circumstances to determine whether any of the circumstances
under Public Resources Code section 21166 and CEQA Guidelines section 15162 require
additional environmental review; and
WHEREAS, the City has evaluated the proposed ordinances to the Transit Zoning
Code in light of the standards for subsequent environmental review outlined in Public
Resources Code section 21166 and CEQA Guidelines section 15162, and concluded that
the proposed changes would not result in new significant environmental effects or a
substantial increase in the severity of previously identified significant effects that were
previously disclosed in the Transit Zoning Code EIR, and therefore no subsequent EIR
or mitigated negative declaration is required; and
Resolution No. 2025-023
Page 1 of 65
WHEREAS, the proposed changes would nonetheless necessitate minor changes
or additions to the Transit Zoning Code EIR and, thus, the City has prepared an
Addendum for the Transit Zoning Code EIR ("Addendum"), attached as Exhibit 1,
pursuant to State CEQA Guidelines section 15164 to address the proposed ordinances;
and
WHEREAS, the Addendum was prepared in full compliance with CEQA, CEQA
Guidelines, and the City's local CEQA Guidelines; and
WHEREAS CEQA Guidelines Section 15164, subdivision (c) does not require the
Addendum to be circulated for public review but can be included in or attached to a final
EIR or adopted negative declaration; and
WHEREAS, under CEQA and the CEQA Guidelines and as referenced below, the
"project" shall mean the proposed ordinances under the Transit Zoning Code including
implementation of these ordinances; and
WHEREAS, on February 24, 2025, the Planning Commission held a duly noticed
public hearing to consider these proposed ordinances, where all interested persons were
given an opportunity to be heard, and after closing the public hearing, continued taking
any action on this Ordinance to a special meeting held on March 6, 2025, whereby the
Planning Commission recommended approval of the ordinances to the City Council;
WHEREAS, on April 1, 2025, the City Council held a duly noticed public hearing
to consider the proposed ordinances, but the item was not heard and was continued to a
date certain, May 6, 2025;
WHEREAS, on May 6, 2025, the City Council held a duly noticed public hearing
to consider these proposed ordinances, but the item was not heard and was continued to
a date certain, June 3, 2025;
WHEREAS, on June 3, 2025, the City Council held a duly noticed public hearing
to consider these proposed ordinances, where all interested persons were given an
opportunity to be heard; and
WHEREAS the City Council considered the entire administrative record, including
the staff report (and all attachments thereto), the Transit Zoning Code EIR and
Addendum, and oral and written testimony from interested persons;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Ana as follows:
Resolution No. 2025-023
Page 2 of 65
Section 1. The above recitals are true and incorporated herein by reference.
Section 2. CEQA Guidelines Section 15164 requires lead agencies to prepare
an addendum to a previously certified EIR if some changes or additions to the project are
necessary, but none of the conditions requiring preparation of a subsequent EIR are
present. The City Council has reviewed and considered the administrative record,
including but not limited to the Transit Zoning Code EIR and the Addendum, which are all
incorporated by reference as though set forth fully herein, and finds that those documents
taken together contain a complete and accurate reporting of all the environmental impacts
associated with the Transit Zoning Code. The City Council further finds that the
Addendum and the administrative record have been completed in compliance with CEQA,
the CEQA Guidelines, and the City's Local CEQA Guidelines. The City Council finds and
determines that the Addendum reflects the City's independent judgment.
The City Council finds that the foregoing is supported by substantial evidence in
the record.
Furthermore, when taking subsequent discretionary actions in furtherance of a
project for which an EIR has been certified, the City is required to review any changed
circumstances under Public Resources Code Section 21166 and CEQA Guidelines
Section 15162 to determine whether additional environmental review is required. Based
on the substantial evidence set forth in the administrative record, including but not limited
to the Transit Zoning Code EIR and the Addendum, the City Council finds that none of
the conditions under CEQA Guidelines Section 15162 requiring subsequent
environmental review have occurred because the proposed ordinances:
a) do not constitute substantial changes that would require major revisions to the
Transit Zoning Code EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified effects; and
b) do not constitute substantial changes with respect to the circumstances under
which the project was developed that would require major revisions of the
Transit Zoning Code EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of the previously
identified significant effects; and
c) do not present new information of substantial importance that was not known
and could not have been known with the exercise of reasonable diligence at
the time the Transit Zoning Code was certified, showing any of the following:
(i) that the project would have one or more significant effects not discussed in
the earlier environmental documentation; (ii) that significant effects previously
examined would be substantially more severe than shown in the earlier
environmental documentation; (iii) that mitigation measures or alternatives
previously found not to be feasible would in fact be feasible and would
substantially reduce one or more significant effects, but the applicant declined
Resolution No. 2025-023
Page 3 of 65
to adopt such measures; or (iv) that mitigation measures or alternatives
considerably different from those previously analyzed would substantially
reduce one or more significant effects on the environment, but which the
applicant declined to adopt.
Pursuant to CEQA and CEQA Guidelines, the City Council hereby adopts the foregoing
findings and adopts the Addendum attached as Exhibit 1. City Council further directs
City staff to cause a Notice of Determination to be filed and posted with the County of
Orange Reg istrar-RecorderfCounty Clerk and the State Clearinghouse within five
working days of the City Council's adoption of this Resolution.
Section 3. The documents and materials associated with this Resolution that
constitute the record of proceedings on which these findings are based are located at
Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The Planning and
Building Agency is the custodian of records for the record of proceedings. This
information is provided pursuant to Public Resources Code section 21081 .6.
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall attest to and certify the vote adopting this
Resolution.
ADOPTED this 3rd day of June, 2025 by the following vote:
*Iie Amez a
APPROVED AS TO FORM:
Sonia R. Carvalho, y Attorney
By:
Melissa Cros Waite
Senior Assistant City Attorney
Resolution No. 2025-023
Page 4 of 65
AYES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez,
Penaloza, Vazquez (6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers Phan (1) recusal
ABSENT: Councilmembers None 0
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution
No. 2025-023 to be the original resolution adopted by the City Council of the City of Santa
Ana on June 3 2025.
Date: , P
Jennifer L. all
City Clerk
Eity of Santa na
Resolution No. 2025-023
Page 5 of 65
PAGE INTENTIONALLY LEFT BLANK
Resolution No, 2025-023
Page 6 of 65
ADDENDUM TO THE
CITY OF SANTA ANA TRANSIT ZONING CODE
ENVIRONMENTAL IMPACT REPORT
SCH NO. 2006071100
City of Santa Ana
Amendment to Transit Zoning
Code/Specific Development No. 84
uq
'JX.NIJEIJ
r
Prepared For:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, California 92701
Prepared By:
MIG, Inc.
1650 Spruce Street, Suite 106
Riverside, California 92507
January 2025
Resolution No. 2025-023
Page 7 of 65
TABLE OF CONTENTS
Page
SECTION 1.0 — INTRODUCTION AND PURPOSE....................................................................1
1.1 Introduction and Purpose................................................................................................1
1.2 Statutory Authority and Requirements ............................................................................1
1.3 Incorporation by Reference.............................................................................................2
SECTION2.0— BACKGROUND ........................................................................... ....................3
SECTION 3.0— DESCRIPTION OF PROPOSED PROJECT.....................................................6
SECTION 4.0 — ENVIRONMENTAL SETTING.....................................................................9
SECTION 6.0 — ENVIRONMENTAL ANALYSIS.......................................................................12
5.1 AestheticsNisual Resources.........................................................................................13
5.2 Air Quality......................................................................................................................16
5.3 Biological Resources.....................................................................................................22
5.4 Cultural Resources........................................................................................................24
5.5 Hazards and Hazardous Materials................................................................................27
5.6 Hydrology and Water Quality........................................................................................31
5.7 Land Use.....................................................................................................................34
5.8 Noise.............................................................................................................................36
6.9 Population, Housing and Employment..........................................................................39
5.10 Public Services..............................................................................................................40
5.11 Transportation...............................................................................................................42
5.12 Utilities and Service Systems................................................................................ .....46
5.13 Global Climate Change.................................................................................................48
5.14 Mandatory Findings of Significance ..............................................................................51
5.20 Conclusion ....................................................................................................................52
FIGURES
Figure 1: Transit Zoning Code Area............................................................................................4
Figure 2: Transit Zoning Code Zoning Designations...................................................................5
Figure3: Regional Location......................................................................................................10
Figure4: Citywide Aerial...........................................................................................................11
TABLES
Table 1 - Current and Proposed Text Regulations .....................................................................6
Resolution No. 2025-023
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1.0 INTRODUCTION
1.1 Introduction and Purpose
On April 16, 2024, the City Council adopted a 45-day moratorium on the approval,
commencement, establishment, relocation, or expansion of industrial uses within the Transit
Zoning Code/Specific Development (SD) No. 84 Zoning District (or "SD 84A and 84B") through
adoption of Urgency interim Ordinance No. NS-3063. The purpose of the moratorium was to
immediately offer protection of public health, safety, and welfare from industrial uses
significantly causing pollution burden to adjacent residential neighborhoods within the SD84
Zoning District. On May 21, 2024, the City Council adopted Ordinance No. NS-3064 to extend
the moratorium for an additional ten (10) months and fifteen (15) days pursuant to the
Government Code to provide sufficient time for staff to continue with data tracking and
reporting, research appropriate regulations, and coordinate with outside regulatory agencies
and City departments to determine whether further, permanent action is necessary and to
generate recommendations to the Planning Commission and City Council.
Based upon the City Council's actions and direction enacting the moratorium combined with
the research and analysis of the issues herein, staff has prepared Zoning Ordinance
Amendment (ZOA) No. 2024-02 and Amendment Application (AA) No. 2024-03. The proposed
amendments ("proposed amendments" or "project") will modify the list of land uses and permit
types including the deletion of industrial land uses; amend nonconforming regulations including
the addition of an amortization process for industrial uses; amend and add operational
standards for allowed uses and nonconforming uses; delete the Industrial Overlay (I-OZ) zone
from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes
from certain properties within the SD84 Zoning District boundary as designated on the City of
Santa Ana Zoning Map. Refer to Section 3.2 — Project Description.
Following preliminary review of proposed ZOA No. 2024-02 and AA No. 2024-03 amendments,
the City, as the Lead Agency, has determined that the project is subject: to CEQA (Public
Resources Code (PRC) §§21000-21177; 14 CCR §§15000, et seq.). This Addendum to Transit
Zoning Code (SD 84A and 84B) Environmental Impact Report ("TZC EIR") (SCH No.
2006071100) has been prepared to demonstrate that, pursuant to the standards contained in
CEQA Guidelines Section 15162, this project is within the scope of the TZC EIR. As a result,
the City does not need to prepare a subsequent or supplemental EIR as the TZC EIR fully
analyzed the potential impacts associated with the proposed amendments. This is consistent
with Section 8.06 of the City's Local Guidelines for Implementing CEQA.
1.2 Statutory Authority and Requirements
CEQA Guidelines Section 15164 states the following with respect to an Addendum to an EIR:
a) The lead agency or responsible agency shall prepare an addendum to a previously
certified EIR if some changes or additions are necessary but none of the conditions
described in Section 15162 calling for preparation of a subsequent EIR have occurred.
b) An addendum to an adopted negative declaration may be prepared if only minor
technical changes or additions are necessary or none of the conditions described in
Section 15162 calling for the preparation of a subsequent EIR or negative declaration
have occurred.
c) An addendum need not be circulated for public review but can be included in or
attached to the final EIR or adopted negative declaration.
January 2025 1 Environmental Analysis
Resolution No. 2025-023
Page 9 of 65
d) The decision making body shall consider the addendum with the final EIR or adopted
negative declaration prior to making a decision on the project.
e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section
15162 should be included in an addendum to an EIR, the lead agency's findings on the
project, or elsewhere in the record. The explanation must be supported by substantial
evidence.
CEQA Guidelines Section 15162, Subsequent EIRs and Negative Declarations, states the
following with respect to a Subsequent EIRs:
(a) When an EIR has been certified or a negative declaration adopted for a project, no
subsequent EIR shall be prepared for that project unless the lead agency determines,
on the basis of substantial evidence in the light of the whole record, one or more of the
following:
(1) Substantial changes are proposed in the project which will require major revisions of
the previous EIR or negative declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EiR or
Negative Declaration due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified significant
effects; or
(3) New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the previous
EIR was certified as complete or the Negative Declaration was adopted, shows any
of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than
shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in
fact be feasible, and would substantially reduce one or more significant effects
of the project, but the project proponents decline to adopt the mitigation
measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more significant
effects on the environment, but the project proponents decline to adopt the
mitigation measure or alternative.
(b) If changes to a project or its circumstances occur or new information becomes available
after adoption of a negative declaration, the lead agency shall prepare a subsequent
EIR if required under subdivision (a). Otherwise the lead agency shall determine
whether to prepare a subsequent negative declaration, an addendum, or no further
documentation.
1.3 Incorporation by Reference
January 2025 2 Environmental Analysis
Resolution No. 2025-023
Page 10 of 65
The TZC Final EIR, including the original Draft EIR (DEIR), and has been made available for
public review at the Lead Agency office (City of Santa Ana). The Final EIR is incorporated into
this Addendum by reference.
This Addendum is available for public inspection at the City at 20 Civic Center Plaza, Santa
Ana, CA, and on the City's website at https://www.santa-ana.org/environmental-impact-report-
transit-zoning-codel.
2.0 BACKGROUND
The TZC was established in June 2010, which is located in the area west of Interstate 5, north
of First Street, and between Grand Avenue and Flower Street, and south of Civic Center Drive
in the City of Santa Ana. The TZC provided new zoning for all of the properties contained
within its boundary. However, some properties with existing M1 and M2 zoning and/or existing
industrial businesses also received an overlay district designation which allowed for the
continuation of industrial land uses on those properties and allows for the option of future
mixed-use development to be exercised at the discretion of the property owner. The purpose
was to establish a transit-supportive, pedestrian-oriented development framework to support
the addition of new transit infrastructure; preserve and reinforce the existing character and
pedestrian nature of the City by strengthening urban form through improved development and
design standards; encourage alternative modes of transportation; provide for a range of
housing options; and allow for the reuse of existing structures. On June 7, 2010, the City
adopted the TZC and certified the TZC Final EIR (SCH No. 2006071100).
The TZC Final EIR provides a program-level and project-level analysis of the environmental
impacts resulting from implementation of the TZC. The majority of the analysis is done at the
program level; however, a project-level analysis is provided for the development proposal to
demolish 30,000 square feet of existing structures on eleven Redevelopment Agency-owned
parcels and to construct 220 affordable residential units. The TZC Final EIR concluded full
implementation of the TZC would result in significant and unavoidable impacts with respect to
the following: aesthetics, air quality, cultural resources, noise, transportation, and climate
change. The TZC Final EIR's background and environmental impact conclusions are cited
throughout this Addendum.
In July 2019, the City Council adopted Ordinance No. NS-2970, amending the Transit Zoning
Code to modify certain design criteria regarding height, massing, open space location,
driveway standards, lot dimensions, and parking alternatives, and determined that this
ordinance was exempt from the California Environmental Quality Act pursuant to State CEQA
Guidelines, section 15061(b)(3). This amendment did not include changes to land uses or
permit types within the TZC. In support of the TZC amendment, the City Council also approved
a General Plan amendment, establishing numerous mixed-use General Plan land use
designations for the entirety of the TZC. Refer to Figure 1 — Existing Transit Zoning Code area
and Figure 2 Transit Zoning Code Designations, below.
However, due to the continued application of the industrial overlay zones within the TZC,
implementation of the new General Plan land use designations immediately resulted in zoning
inconsistencies and land use conflicts with the new General Plan.
January 2025 3 Environmental Analysis
Resolution No. 2025-023
Page 11 of 65
Figure 9 - Transit Zoning Code Area
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January 2025 4 Environmental Analysis
Resolution No. 2025-023
Page 12 of 65
Figure 2-Existing Transit Zoning Code Designations
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(Specific Development No. 84)
January 2025 5 Environmental Analysis
Resolution No.2025-023
Page 13 of 65
3.0 DESCRIPTION OF PROPOSED PROJECT
The proposed amendments would modify the list of land uses and permit types, including the
following:
• Deletion of industrial land uses
• Amend nonconforming regulations, including the addition of an amortization process
• Amend and add operational standards for allowed uses and nonconforming uses
• Delete the Industrial Overlay (I-OZ)zone from text and maps
• Delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes from certain
properties within the SD84 Zoning District boundary as designated on the City of Santa
Ana Zoning Map
Implementation of the proposed amendments do not include nor require implementation of any
site-specific development projects.
Table 1 -- Current and Proposed Text Regulations, below lists the proposed amendments and
is followed by a summary of each. Figure 2.5 Proposed Transit Zoning Code Designations
depicts the removal of I-OZ from the map.
Table 1 —Current and Proposed Text Regulations
Code Section Existing Zoning Code Regulations Proposed Zoning Code Regulations
Title
Application of SAMC Section 41-2001 establishes the land The update to text of this Section
Article uses and standards applicable to the TZC- clarifies that the regulations apply to
primarily for new uses. existing uses,whether conforming or
nonconforming, change in land use or
tenancy requiring issuance of
Certificate of Occupancy.
Organization SAMC Section 41-2001.5 establishes the The update to the text is necessary to
contents and organization of the TZC encompass the new Section 41-2009
regulations (Operational Standards for
Nonconforming Industrial Uses).
Nonconformin SAMC Section 41-2002 establishes the The update to text of this Section will
g Buildings, regulations for nonconforming buildings, further limit some rehabilitation of
Structures and structures or uses within the TZC boundary. buildings and structures, with specific
Uses The provisions contain minimal limits for emphasis on nonconforming industrial
rehabilitation of buildings and structures uses. These updated provisions
and their expansion for both residential and include:
non-residential uses. • Requiring rehabilitation or expansion
of buildings and structures, occupied by
any nonconforming use to comply with
the new operational standards
contained in Section 41-2009.
• Prohibits expansion of a building or
structure occupied by a nonconforming
industrial use.
• Discontinuation of nonconforming
January 2025 6 ,Environmental Analysis
Resolution No. 2025-023
Page 14 of 65
Code Section Existing zoning Code Regulations Proposed Zoning Code Regulations
Title
noxious uses through amortization.
• Elimination of certain nonconforming
uses and structures
• Establishes a process for enacting
amortization periods for eliminating
certain nonconforming uses.
• References to SAMC and State law
for abatement of public nuisances.
• Establishes authority for voluntary
compliance agreements between the
City.and nonconforming uses.
The Industrial SAMC Section 41-2004 establishes an Section 41-2004 is deleted in its
Overlay(I-OZ) overlay zone applied to M1 and M2 zoned entirety, removing the I-OZ Zone from
Zone properties located within the TZC boundary. the TZC to eliminate industrial land use
type zoning altogether.
Application for SAMC Section 41-2005 establishes the Section 41-2005 is renumbered as 41-
Discretionary process and timing of vesting for certain 2004, and the update to the text of this
Approvals uses approved with a discretionary permit. Section adds clarification for effects of
the amendments to the TZC dependent
upon status of an application in the City
process of review, approval, and/or
building permit issuance, if required.
Zones SAMC Section 41-2006 contains the The update to the text of this Section
Established regulations for zoning districts, land uses, deletes the I-OZ Zone, including
and permit types within the TZC. replacing Figure 2.1, the Regulating
Plan (map)with a new Figure 2.1
removing the I-OZ Zone designation
from all parcels within the TZC
boundary.
Uses SAMC Section 41-2007 provides the The update to the text of this Section
Permitted allowable land uses and permit types clarifies application of the use
required to establish a land use by each standards by zoning district as follows:
zoning district within the TZC. • Modifies Table 2A containing the Use
Standards by adding and reclassifying
certain land use types appropriate to
the TZC land use subcategories
• Deletes certain land use types that
are inconsistent with the intent and
purpose of the TZC, including the
deletion of the Small-Scale Industry
land use subcategory in its entirety.
Operational SAMC Section 41-2008 primarily regulates The update to the text of this Section
Standards new uses within the TZC. further limits certain operations to
ensure greater compatibility between
residential and non-residential land
uses.
Operational SAMC Section 41-2009 is an entirely new The new Section establishes
Standards for set of regulations specific to existing regulations for operation of any
Nonconformin nonconforming industrial uses within the existing, legally established,
g Industrial TZC. nonconforming industrial use. The
January 2025 7 Environmental Analysis
Resolution No. 2025-023
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Code Section Existing Zoning Code Regulations Proposed Zoning Code Regulations
Title
Uses regulations cover general standards,
enclosed operations, air emissions and
dust, light, glare, and heat, ground
vibration, outdoor storage and
screening, hazardous materials, liquid
and solid waste, site maintenance,
truck parking and loading, and hours of
operation.
Definitions SAMC Section 41-2080 contains the The update to the text of this Section
definitions applicable to terms and land provides clarification for certain land
uses of the TZC. use types(artisan/craft product with
limited on-site production, commercial
recreation facility--indoor, and
research and development), adds
definitions for land use types(business
support services, pet day care facility
and trade school, nonconforming
industrial, and noxious use), and
deletes corresponding definitions for
land use types that were deleted as
part of the amendments to SAMC
Section 41-2006.
Source: Planning Commission Staff Report
January 2025 8 Environmental Analysis
Resolution No. 2025-023
Page 16 of 65
Figure 2.5-Proposed Transit Zoning Code Designations
Fes: N
0 2T5 550 1,100 1.650 2201)
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r
—.. S
�7 a
n r
n S
Transit Zoning Code SD-84
Proposed Zoning Designations
�wncew� Ue�erzber 97,2P.'�
January 2025 9 Environmental Analysis
Resolution No.2025-023
Page 17 of 65
Analysis of the Amendments
The proposed amendments to the Sections of the TZC under the topic headings of Application
of Article, Organization, Application for Discretionary Approvals, and Definitions are largely to
ensure internal consistency related to the more substantive changes being proposed for the
TZC to address irreconcilable land use conflicts, described as follows:
• Nonconforming Structures and Uses - Section 41-2002 regulates the nonconforming
building, structure or use specifically within the TZC. The regulations are unique to the
TZC and do not apply citywide. The regulations determine under certain circumstances
when a nonconforming structure or use can rehabilitate both structural or nonstructural;
or expand conditions that would allow expansion. Due to the concerns enumerated
within this report related to nonconforming industrial uses within the TZC, the
amendments to this section increasingly limit rehabilitation of structures to those types
of improvements that address compliance with the new Section 41-2009 operational
standards for nonconforming industrial uses; and disallow the expansion of any
nonconforming industrial use. This Section also includes new provisions to establish a
process for the discontinuance of nonconforming uses, specifically noxious uses, and
the elimination of those uses or structures through an amortization hearing process.
The tools that these new regulations provide are necessary to address the
environmental impacts that lead to the adoption of the Moratorium, provide the
framework to initiate the process to eliminate noxious industrial land uses from the TZC,
and align with the adopted EJ policies of the General Plan.
• The Industrial Overlay (I-OZ) Zone — Section 41-2004 created an "exception" zone for
properties within the TZC that contained M1 or M2 industrial zoning, uses and
structures, when the TZC was adopted in 2010. In order to be both consistent and to
promulgate the General Plan land use designations within the TZC, the removal of this
overlay zone is necessary. The zone currently gives deference to the property owner of
these parcels with an industrial overlay to decide when and whether to redevelop their
properties in a manner that would remove the industrial structure and use, replacing it
with an allowable use and conforming to the design standards of the TZC. Eliminating
the I-OZ Zone will cause these properties to become nonconforming as to use and
structure, subjecting them to the regulations as amended and added to Section 41-
2002, including discontinuance of nonconforming use or structure though amortization.
With the deletion of the entirety of the text of Section 41-2004, Section 41-2005
Application for Discretionary Approvals is renumbered as Section 41-2004.
• Zones Established and Uses Permitted — Amendments to Sections 41-2006 and 41-
2007, respectively, include parallel deletion of the I-OZ Zone affecting the Regulating
Plan (TZC zoning map) and the corresponding Use Standards tables regulating the
land use and permit types for each of the remaining zones of the TZC. Table 2A
categorizes land uses into broad subheadings for both residential and nonresidential
land uses. The nonresidential land uses are further categorized into commercial-
oriented versus industrial-oriented types of uses. The amendments will eliminate the
Small-Scale Industry sub-category altogether, since the majority of these uses are
industrial uses incompatible with residential uses. The purpose of the TZC is to promote
transit-oriented mixed-use development, which pairs residential and nonresidential land
uses either horizontally or vertically on a site or within a building. Compatibility of
allowable land use types is critical, particularly given the history of the negative impacts
from industrial uses remaining in the area and in close proximity to existing and new
residential areas. Amending this Section also replaces the TZC zoning map figure to
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ensure consistency with the City's Official zoning Map and General Plan Land Use Map
in accordance with requirements of State law, Government Code Section 65860.
• Operational Standards and Operational Standards for Nonconforming Industrial Uses —
Section 41-2008 contains operational standards applicable to all uses within the TZC
boundary. This Section is largely unchanged, with clarification and strengthening of
certain regulations to address any possible industrial type function of an allowable land
use type as listed in the tables of Section 41-2007. These amendments affected any
possible manufacturing related activities, sound, screening walls and eliminated any
vehicular service on Sundays. Section 41-2009 establishes new regulations governing
existing industrial uses made nonconforming with the removal of the I-OZ Zone within
the TZC, and include general standards, enclosed operations, air emissions and dust,
light, glare, and heat, ground vibration, outdoor storage and screening, hazardous
materials, liquid and solid waste, site maintenance, truck parking and loading, and
hours of operation. The amendments to Section 41-2008 and creation of new
regulations under Section 41-2009 ensure that existing nonconforming uses comply
with very specific operational standards and/or face amortization that leads ultimately to
discontinuance of use, effectively reestablishing the TZC area with residential uses and
allowing certain nonresidential uses compatible to such residential and/or mixed-use
development.
4.0 ENVIRONMENTAL SETTING
The City of Santa Ana is located in Orange County and serves as the County seat. The City is
in the western central portion of Orange County, approximately 30 miles southwest of the City
of Los Angeles and 10 miles northeast of the City of Newport Beach (refer to Figure 3,
Regional Location). As shown in Figure 4, Citywide Aerial, the City is bordered by the City of
Orange and unincorporated areas of Orange County to the north, the City of Tustin to the east,
the cities of Irvine and Costa Mesa to the south, and the cities of Fountain Valley and Garden
Grove to the west. The TZC area is shown in blue on both Figure 3 and Figure 4, and a
detailed view is shown on Figure 1 in Section 2.0.
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Figure 3— Regional Location
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Figure 4— Citywide Aerial
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At the local level, the TZC area is located in the central urban core of the City and comprises
over 100 blocks and 450 acres, and is generally bounded by 1-5 to the north and east, First
Street to the south, and Flower Street to the west. Refer to Figure 1 in the Background section.
The majority of the City is urbanized, with residential and nonresidential development, and
mobility and public facilities all contributing to Santa Ana's existing built environment. The
City's incorporated boundaries encompass approximately 27.4 square miles. Residential land
uses occupy almost 40 percent of the land within the current City boundaries, accounting for
5,226 acres. Other predominant land uses include commercial (1,588 acres) and industrial
(1,628 acres).
While Santa Ana is a densely populated urban center with one of the most diverse
international populations in Orange County, it can generally be characterized as a City of
neighborhoods. Santa Ana has over 65 neighborhoods which are distinguished by their
history, architecture, housing types, amenities, and unique character.
The Specific Development (SD) No. 84 Zoning District, also known as the TZC, is located in
the central urban core of the City and comprises over 100 blocks and 450 acres, and is
generally bounded by First Street, Flower Street, Civic Center Drive, Grand Avenue, and the
Santa Ana (1-5) Freeway.
The TZC area includes the Orange County Civic Center consisting of City, County and federal
buildings, City, Downtown, the Logan and Lacy neighborhoods, which are among the City's
most historic in age and are established residential communities. Additional land uses include
a mix of residential, commercial and industrial uses. The TZC area overlaps portions of two of
the City's five focus areas, which are suited for new growth and development under the GPU:
the Grand Avenue Avenue117th Street Focus Area and the West Santa Ana Boulevard Focus
Area. The Grand Avenue Avenue117th Street Focus Area is primarily business oriented with
office and commercial storefronts and large apartment complexes. The West Santa Ana
Boulevard Focus Area is characterized as a mix of residential, commercial and industrial.
5.0 ENVIRONMENTAL ANALYSIS
The Initial Study/Notice of Preparation of the DEIR (Appendix A) concluded certain topics to
be "Effects Not Found to Be Significant" according to Section 15128 of the CEQA Guidelines
as having less than significant or no impacts, and therefore were not included in the Final EIR.
Agricultural Resources. The Initial Study concluded that the soils within the Transit Zoning
Code (SD 84A and SD 84B) area are not candidates for listing as prime farmland, unique
farmland, or farmland of statewide importance. In addition, no farmland or agricultural activity
exists on or in the vicinity of the Transit Zoning Code, and no portion is under a Williamson Act
contract. The Initial Study concluded no that no impacts would occur.
Geoloav and Soils. The Transit Zoning Code (SD 84A and SD 84B) area is located in an area
of minimal geologic hazards. Any development within the project area would be designed in
accordance with applicable building code requirements, which account for seismic
groundshaking. The Initial Study concluded that no and less than significant impacts to would
occur.
Mineral Resources. The Initial Study determined that implementation of the Transit Zoning
Code (SD 84A and SD 84B) would not result in the loss of availability of either a known mineral
resource of value to the state or region, or a locally important mineral resource recovery site,
because no such sites exist within the project area. The Initial Study concluded that
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implementation of the Transit Zoning Code (SD 84A and SD 8413) would not result in the loss
of availability of a locally important mineral resource delineated on a local general plan,
specific plan, or other land use plan.
Because the TZC Final EIR was certified in 2010, certain topics that were later added to the
state CEQA Guidelines checklist were not included. The Tribal Cultural Resources topic was
added to the CEQA Guidelines in 2017. Although added as a separate topic, the TZC DEIR
Cultural Resources section did include an evaluation of Native American resources in Section
4.4.1 — Environmental Setting and Section 4.4.2 — Regulatory Framework. Impact 4.4-1
included MM 4.4-1(a) that required construction monitoring by a tribe.
The TZC EIR included a Global Climate Change topic, which included greenhouse gas
emissions. The Greenhouse Gas Emissions topic was added to the CEQA Guidelines in 2018.
Greenhouse Gas Emissions was discussed in Section 4.13.2 -- Existing Conditions,
Section 4.13.2 -- Regulatory Framework, and Section 4.13.4 — Project Impacts and Mitigation
Measures.
The Energy and Wildfire topics were added to the CEQA Guidelines in 2018. Although added
as separate topics, Energy is discussed within Sections 4.12.12 and 4.12.13 of the Utilities and
Service Systems topic of the TZC EIR.
Wildfire (i.e. wildland fires), is discussed within Section 4.5.3 of the Hazards and Hazardous
Materials topic of the TZC EIR.
Although these topics were added following certification of the TZC Final EIR, they were
discussed and analyzed in the respective sections identified above and do not represent new
impacts not previously addressed.
Sections 5.1 through 5.13, below, analyzes the potentially significant impacts that could occur
as a result of implementing the proposed project through the adoption of the proposed text
regulations identified in Table 1 -- Current and Proposed Text Regulations. Each topical
section lists impact statements and mitigation measures from the TZC EIR, and provides an
analysis and conclusion. Each TZC EIR conclusion includes a reference to the EIR impact
statement (ex., Impact 4.1-3) and includes its associated significance finding.
5.1 AESTHETICSIVISUAL RESOURCES
This section analyzes the effects to aesthetics and visual resources from implementing the
proposed zoning code regulations.
Would the project:
a. Have a substantial adverse effect on a scenic vista?
b. Substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
c. Substantially degrade the existing visual character or quality of the site and its
surroundings?
d. Create a new source of substantial light or glare, which would adversely affect day or
nighttime views in the area?
e. A project would be considered to create significant shade/shadow impacts if
shadelshadow from the project results in a substantial loss of sunlight in a residential
area or other sensitive receptor. Other sensitive receptors would include schools and
parks.
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TZC EIR Conclusions
• Implementation of the Transit Zoning Code (SD 84A and SD 84B) would not
substantially damage scenic resources within a State scenic highway, and no further
analysis is necessary in this EIR. (DEIR Section 4.1.3: Effects Found to Have No
Impact)
• Development under the Transit Zoning Code (SD 84A and SD 84B) would contribute to
the image of, and add to the aesthetic quality of the City. As such, development under
the proposed project would not degrade the existing visual quality of the area or
obstruct key existing views and/or vistas in the vicinity. (Impact 4.1-1: Less Than
Significant without mitigation)
• Future development under the Transit Zoning Code (SD 84A and SD 84B) would
improve the existing visual character. (Impact 4.1-2: Less Than Significant without
mitigation)
• Long-term cumulative development occurring pursuant to the Transit Zoning Code, and
associated infrastructure improvements would result in new sources of increased
daytime glare. (Impact 4.1-3: Less Than Significant with mitigation)
• Long-term cumulative development occurring pursuant to the Transit Zoning Code
would result in new sources of spillover light. (Impact 4.1-4: Less Than Significant with
mitigation)
• Long-term cumulative development occurring pursuant to the Transit Zoning Code (SD
84A and SD 84B) would result in a substantial increase in shade/shadows over
sensitive uses. (Impact 4.1-5: Significant and Unavoidable and no feasible mitigation)
TZC EIR FOR Mitigation Measures
MM4.1-1 Proposed new structures shall be designed to maximize the use of textured or other
non-reflective exterior surfaces and non-reflective glass. Building materials shall be reviewed
by the City of Santa Ana prior to issuance of building permits for each project. (Impact 4.1-3)
MM4.1-2 All exterior lighting and advertising (including signage) shall be directed onto the
specific location intended for illumination (e.g., parking lots, driveways, and walkways) and
shielded away from adjacent properties and public rights-of-way to minimize light spillover onto
adjacent areas. (Impact 4.1-4)
MM4.1-3 Prior to issuance of a building permit for a specific development project, the applicant
shall submit a lighting plan to the City for review and approval. The plan shall specify the
lighting type and placement to ensure that the effects of security and other outdoor lighting are
minimized on adjacent uses and do not create spillover effects. The plan shall specifically
incorporate the following design features:
o All projects shall incorporate project design features to shield light and/or glare from
vehicles entering or exiting parking lots and structures that face sensitive uses (e.g.,
schools, hospitals, senior housing, or other residential properties) by providing barriers
so that light from vehicle headlights would not illuminate off-site sensitive uses.
o All projects shall incorporate project design features to provide landscaping, physical
barriers, screening, or other buffers to minimize project-generated illumination from
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entering off-site areas and to prevent glare or interference with vehicular traffic, in
accordance with the City's Municipal Code. (Impact 4.1-4)
MM4.1-4 For any proposed structure that would exceed four stories in height, applicants shall
submit a site-specific shade/shadow report with renderings representing the level of
shadelshadows associated with the proposed development at the following times: 9:00 A.M.,
12:00 P.M., 3:00 P.M. PST for the both the winter and summer solstices. An additional
rendering for the 5:00 P.M. PST time period shall be prepared for the summer solstice period.
Typically, a variety of criteria are used to determine the significance of a shadow impact,
including the following:
o Affected land use (criticality of direct sunlight for the use).
o Duration (hours per day in shadow); time of day (critical time period for direct sunlight).
o Season (time of year use would be shadowed).
o Extent(percentage of use that would be shadowed).
o Preexisting condition (shadow condition due to existing buildings, landscaping, or other
features).
o Type (solid or dappled shadow).
The report shall include any feasible design considerations that would reduce the extent of
shadows cast by a proposed structure. The analysis and the project design plans shall be
forwarded to the Planning and Building Agency for review and approval. (impact 4.1-5)
Project Analysis and Conclusion
The City determined that no impacts related to State Scenic Highways would result from
implementation of the project because no scenic highways are located within the TZC area.
Impacts related to visual and aesthetic quality (Impact 4.1-1) and visual character (Impact 4.1-
2) were below the level of significance and did not require mitigation. Impacts related to
daytime glare (Impact 4.1-3) and spillover light (Impact 4.1-4) were less than significant with
the implementation of mitigation measures. Long-term development related shade and
shadows (Impact 4.1-5) were found to be significant and unavoidable and that specific
economic, social, or other considerations make mitigation infeasible. Specifically, no additional
feasible mitigation measures exist that would avoid or substantially reduce these impacts.
Implementation of the project through the proposed adoption of the text regulations identified
in Table 1 — Current and Proposed Text Regulations does not trigger new aesthetic and visual
resources impacts requiring preparation of a supplemental or subsequent EIR because the
project modifies the list of land uses and permit types (refer to Table 1 — Current and Proposed
Text Regulations) including the deletion of industrial land uses; amend nonconforming
regulations including the additional of an amortization process; amend and add operational
standards for allowed uses and nonconforming uses; and delete the Industrial Overlay (I-OZ)
zone from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial)
suffixes from certain properties within the TZC area. Thus, there are no new land uses being
introduced or different development standards that would have aesthetic or visual resource
impacts. In particular, the proposed amendments will establish regulations for nonconforming
uses, including light and glare. These regulations and standards will cover general standards,
enclosed operations, light, glare, and outdoor storage and screening. No direct or indirect
glare or heat, whether from floodlights or from high temperature processes (including
combustion or welding or otherwise) shall be visible or felt at the property line. Lighting must be
shielded, boxed, or directed at a downward angle so as to minimize the generation of light and
glare and to assure that there is no spillover of light and glare that will impact drivers or
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pedestrians on the public streets, on site activities, and adjoining or nearby properties. No
activity shall be permitted which causes excessive light and glare to be transmitted or reflected
to surrounding properties at a level resulting in detrimental impacts to adjacent properties.
Light sources shall generally not be permitted in landscaped, buffer, or setback areas except
for those illuminating pedestrian walkways. Lighting used to illuminate parking areas shall be
designed, located, and installed to be shielded and downlit and to reflect away from any
nearby residential areas. Lighting for advertising signs shall not create glare or light which
extends to surrounding properties.
Any future development within the TZC area requiring discretionary action would be subject to
a project-level CEQA review at the time an application is filed for an individual project. In
addition, compliance with the existing regulations and proposed regulations will assure that
potential impacts are not exacerbated, which will result in a beneficial impact to aesthetics and
visual resources. Mitigation measures MM4.1-1 through MM4.1-4 would continue to apply.
Therefore, the project does not trigger new aesthetics impacts requiring the preparation of a
subsequent or supplemental EIR. There would be no new or more significant impacts to
aesthetics and visual resources.
5.2 AIR QUALITY
This section analyzes the effects to air quality from implementing the proposed zoning code
regulations.
Would the project:
a. Conflict with or obstruct implementation of the applicable air quality plan?
b. Violate any air quality standard or contribute substantially to an existing or projected air
quality violation
c. Result in a cumulatively considerable net increase of any criteria pollutant for which the
proposed project region is in non-attainment under an applicable federal or State
ambient air quality standard (including releasing emissions which exceed quantitative
thresholds for ozone precursors)?
d. Expose sensitive receptors to substantial pollutant concentrations?
e. Create objectionable odors affecting a substantial number of people?
TZC EIR Conclusions
• The project would not create substantial objectionable odors. (Impact 4.2-1: Less Than
Significant with mitigation)
• The project would not create short-term quantities of criteria pollutants above the
significance thresholds published by SCAQMD. (Impact 4.2-2: Less Than Significant
with mitigation)
• Operation of the project would increase local traffic volumes, but would not expose
sensitive receptors to substantial localized carbon monoxide (CO) concentrations.
(Impact 4.2-3: Less Than Significant without mitigation)
• The anticipated population increase of 12,225 new residents as a result of the long-
term cumulative development pursuant to the Transit Zoning Code is consistent with
the SCAG growth projections for Santa Ana and, therefore, would not conflict with or
obstruct implementation of the Air Quality Management Plan. (Impact 4.2-4: Less Than
Significant without mitigation)
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• Construction activities associated with the construction of individual projects within the
Transit Zoning Code area, including the Developer project, would contribute
substantially to an existing or projected air quality violation for criteria air pollutants.
(Impact 4.2-5: Significant and Unavoidable with mitigation)
• Operation of the proposed project would exceed South Coast Air Quality Management
District standards for VOC, NOX, CO, and PM10 and would result in a projected air
quality violation. (Impact 4.2-6: Significant and Unavoidable and no feasible mitigation)
• Construction and operation of the proposed project would result in a cumulatively
considerable net increase of criteria pollutants for which the proposed project region is
in nonattainment under an applicable federal or state ambient air quality standard.
(Impact 4.2-7: Significant and Unavoidable and no feasible mitigation)
TZC EIR Mitigation Measures
MM4.2-1 Trash receptacles within the Transit Zoning Code (SD 84A and SD 84B) will be
required to have lids that enable convenient collection and loading and will be emptied on a
regular basis, in compliance with City of Santa Ana regulations for the collection of solid waste.
(Impact 4.2-1)
MM4.2-2 The construction contractor should ensure that no more than 5 acres per day are
actively graded or developed. (Impact 4.2-2)
MM4.2-3 The construction contractor should ensure that all active disturbed surfaces should
be watered three times per day throughout the construction period. (Impact 4.2-2)
MM4.2-4 The construction contractor should ensure that the mass grading, fine grading, and
structure construction are conducted at separate time periods and do not overlap with one
another. (Impact 4.2-2)
MM4.2.5 The construction contractor should ensure that all haul roads are watered three (3)
times per day. (Impact 4.2-2)
MM4.2-6 The construction contractor should ensure that all traffic on unpaved roads is
reduced to 15 mph or less. (Impact 4.2-2)
MM4.2-7 Project applicants shall require by contract specifications that all diesel-powered
equipment used will be retrofitted with after-treatment products (e.g., engine catalysts) to the
extent that they are readily available in the South Coast Air Basin. Contract specifications shall
be included in project construction documents, which shall be reviewed by the City of Santa
Ana prior to issuance of a grading permit. (Impact 4.2-5)
MM4.2-8 Project applicants shall require by contract specifications that all heavy-duty diesel-
powered equipment operating and refueling at the project site use low-NOX diesel fuel to the
extent that it is readily available and cost effective (up to 125 percent of the cost of California
Air Resources Board diesel) in the South Coast Air Basin (this does not apply to diesel-
powered trucks traveling to and from the project site). Contract specifications shall be included
in project construction documents, which shall be reviewed by the City of Santa Ana prior to
issuance of a grading permit. (Impact 4.2-5)
MM4.2-9 Project applicants shall require by contract specifications that alternative fuel
construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded
gasoline) be utilized to the extent that the equipment is readily available and cost effective in
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the South Coast Air Basin. Contract specifications shall be included in project construction
documents, which shall be reviewed by the City of Santa Ana prior to issuance of a grading
permit. (Impact 4.2-5)
MM4.2-10 Project applicants shall require by contract specifications that construction
equipment engines be maintained in good condition and in proper tune per manufacturer's
specification for the duration of construction. Contract specifications shall be included in
project construction documents, which shall be reviewed by the City of Santa Ana prior to
issuance of a grading permit. (Impact 4.2-5)
MM4.2-11 Project applicants shall require by contract specifications that construction
operations rely on the electricity infrastructure surrounding the construction site rather than
electrical generators powered by internal combustion engines to the extent feasible. Contract
specifications shall be included in project construction documents, which shall be reviewed by
the City of Santa Ana prior to issuance of a grading permit. (Impact 4.2-5)
MM4.2-12 As required by South Coast Air Quality Management District Rule 403—Fugitive
Dust, all construction activities that are capable of generating fugitive dust are required to
implement dust control measures during each phase of project development to reduce the
amount of particulate matter entrained in the ambient air. These measures include the
following:
o Application of soil stabilizers to inactive construction areas.
o Quick replacement of ground cover in disturbed areas.
o Watering of exposed surfaces three times daily.
o Watering of all unpaved haul roads three times daily.
o Covering all stock piles with tarp.
o Reduction of vehicle speed on unpaved roads.
o Post signs on-site limiting traffic to 15 miles per hour or less.
o Sweep streets adjacent to the project site at the end of the day if visible soil material is
carried over to adjacent roads.
o Cover or have water applied to the exposed surface of all trucks hauling dirt, sand, soil,
or other loose materials prior to leaving the site to prevent dust from impacting the
surrounding areas.
o Install wheel washers where vehicles enter and exit unpaved roads onto paved roads to
wash off trucks and any equipment leaving the site each trip. (Impact 4.2-5)
MM4.2-13 The developer shall require by contract specifications that construction-related
equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be
turned off when not in use for more than 30 minutes. Diesel-fueled commercial motor vehicles
with gross vehicular weight ratings of greater than 10,000 pounds shall be turned off when not
in use for more than 5 minutes. Contract specifications shall be included in the proposed
project construction documents, which shall be approved by the City of Santa Ana. (Impact
4.2-5)
MM 4.2-14 The developer shall require by contract specifications that construction parking be
configured to minimize traffic interference during the construction period and, therefore, reduce
idling of traffic. Contract specifications shall be included in the proposed project construction
documents, which shall be approved by the City of Santa Ana. (Impact 4.2-5)
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MM 4.2-15 The developer shall require by contract specifications that temporary traffic controls
are provided, such as a flag person, during all phases of construction to maintain smooth
traffic flow. Contract specifications shall be included in the proposed project construction
documents, which shall be approved by the City of Santa Ana. (Impact 4.2-5)
MM 4.2-16 The developer shall require by contract specifications that construction activities
that affect traffic flow on the arterial system by scheduled to off-peak hours (9:00 A.M. to 3:00
P.M.). Contract specifications shall be included in the proposed project construction
documents, which shall be approved by the City of Santa Ana. (Impact 4.2-5)
MM4.2-17 Upon issuance of building or grading permits, whichever is issued earliest,
notification shall be mailed to owners and occupants of all developed land uses within % mile
of any project within the Transit Zoning Code (SD 84A and SD 84B) boundaries greater than
four stories in height or 25,000 sf in area providing a schedule for major construction activities
that will occur through the duration of the construction period. In addition, the notification will
include the identification and contact number for a community liaison and designated
construction manager that would be available on site to monitor construction activities. The
construction manager shall be responsible for complying with all project requirements related
to PM10 generation. The construction manager will be located at the on-site construction office
during construction hours for the duration of all construction activities. Contract information for
the community liaison and construction manager will be located at the construction office, City
Hall, the police department, and a sign on site. (Impact 4.2-5)
MM4.2-18 The developer shall require by contract specifications that the architectural coating
(paint and primer) products used would have a VOC rating of 125 grams per liter or less.
Contract specifications shall be included in the proposed project construction documents,
which shall be reviewed and approved by the City of Santa Ana. (Impact 4.2-5)
MM4.2-19 The developer shall require by contract specifications that materials that do not
require painting be used during construction to the extent feasible. Contract specifications shall
be included in the proposed project construction documents, which shall be reviewed and
approved by the City of Santa Ana. (Impact 4.2-5)
MM4.2-20 The developer shall require by contract specifications that pre-painted construction
materials be used to the extent feasible. Contract specifications shall be included in the
proposed project construction documents, which shall be reviewed and approved by the City of
Santa Ana. (Impact 4.2-5)
MM4.2-21 As individual components of the Transit Zoning Code (SD 84A and SD 84B) are
implemented, an air quality impact analyses will be completed to determine their independent
significance levels. Mitigation is to be incorporated at the individual component level to bring
the individual components to less than significant on a site-by-site basis. (Impact 4.2-6)
MM4.2-22 Prior to issuance of a building permit, the applicant shall demonstrate that the
design of the proposed buildings or structures exceeds current Title 24 requirements (Title 24,
Part 6 of the California Code of Regulations; The Energy Commission adopted the 2008
Standards on April 23, 2008, and the Building Standards Commission approved them for
publication on September 11, 2008. The 2008 Residential Compliance Manual was adopted by
the Commission on December 17, 2008, and the 2008 Non-residential Compliance Manual
was adopted January 14, 2009.Energy Efficiency Standards for Residential and Non
Residential Buildings, as amended November 1, 2005; Cool Roof Coatings performance
standards as amended September 11, 2006) by a minimum of 20 percent, subject to review by
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the County Building Official. Documentation of compliance with this measure shall be provided
to the Planning Department and Building Official for review and approval prior to issuance of
the permit. Installation of the identified design features or equipment will be confirmed by the
County Building Official prior to certificate of occupancy. Any combination of the following
design features may be used to fulfill this mitigation provided that the total increase in
efficiency meets or exceeds 20 percent:
o Increase in insulation such that heat transfer and thermal bridging is minimized
o Limit air leakage through the structure or within the heating and cooling distribution
system to minimize energy consumption
o Incorporate dual-paned or other energy efficient windows
o incorporate energy efficient space heating and cooling equipment
o Incorporate energy efficient light fixtures
o Incorporate energy efficient appliances
o Incorporate energy efficient domestic hot water systems
o Incorporate solar panels into the electrical system
o Incorporate cool roofs/light-colored roofing
o Or other measures that will increase the energy efficiency of building envelope in a
manner that when combined with the other options listed above exceeds current Title
24 Standards (Title 24, Part 6 of the California Code of Regulations; Energy Efficiency
Standards for Residential and Non Residential Buildings, as amended November 1,
2005; Cool Roof Coatings performance standards as amended September 11, 2006)
by a minimum of 20 percent. (Impact 4.2-6)
MM4.2-23 Prior to issuance of a building permit, the applicant shall provide a landscape plan
for the Project that includes shade trees around main buildings, particularly along southern
elevations where practical, and will not interfere with loading dock locations or other
operational constraints. Documentation of compliance with this measure shall be provided to
the City Building Official for review and approval. (Impact 4.2-6)
MM4.2-24 Prior to issuance of a building permit, the applicant shall demonstrate that the
proposed building or structure designs incorporate exterior storage areas for recyclables and
green waste and adequate recycling containers located in public areas. Documentation of
compliance with this measure shall be provided to the City Building Official for review and
approval. Installation of the identified design features or equipment will be confirmed by the
City Building Official prior to issuance of certificate of occupancy. (Impact 4.2-6)
MM4.2-26 The applicant shall provide education and publicity about reducing waste and
available recycling services to future tenants. The education and publicity materials shall be
provided to the City for review and approval by the Planning Department. (Impact 4.2-6)
MM4.2-26 All showerheads, lavatory faucets, and sink faucets within the residential units shall
comply with the California Energy Conservation flow rate standards. (Impact 4.2-6)
MM4.2-27 Low-flush toilets shall be installed within all commercial and residential (including
Congregate Care) units as specified in California State Health and Safety Code Section
17921.3. (Impact 4.2-6)
MM4.2-28 All commercial/industrial/common area irrigation areas shall be capable of being
operated by a computerized irrigation system which includes an onsite weather station/ET
gage capable of reading current weather data and making automatic adjustments to
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independent run times for each irrigation valve based on changes in temperature, solar
radiation, relative humidity, rain, and wind. In addition, the computerized irrigation system shall
be equipped with flow-sensing capabilities, thus automatically shutting down the irrigation
system in the event of a mainline break or broken head. These features will assist in
conserving water, eliminating the potential of slope failure due to mainline breaks, and
eliminating over-watering and flooding due to pipe and/or head breaks. (Impact 4.2-6)
MM4.2-29 Landscape designers shall ensure that Project landscaping of
commercial/industrial/common areas uses drought-tolerant and smog-tolerant trees, shrubs,
and groundcover to ensure long-term viability and conserve water and energy. (Impact 4.2-6)
MM4.2-30 Landscape designers shall ensure that the landscape plan includes drought
resistant trees, shrubs, and groundcover within the parking lot and perimeter. (Impact 4.2-6)
MM4.2-31 Project designers shall ensure that design features incorporate light-colored roofing
materials that will deflect heat away from the building and conserve energy. (Impact 4.2-6)
MM4.2-32 The Project designers shall ensure that designs include all illumination elements to
have controls to allow selective use as an energy conservation measure. (Impact 4.2-6)
MM4.2-33 Prior to issuance of a building permit, the applicant shall demonstrate that measures
have been included to promote ride sharing programs such as, but not necessarily including,
publishing ride sharing information for all of the tenants, designating a certain percentage of
parking spaces for ride sharing vehicles, designating adequate passenger loading and
unloading and waiting areas for ride sharing vehicles, and providing a website or message
board for coordinating rides. Documentation of compliance with this measure shall be provided
to the City Building Official for review and approval. Installation of the identified design features
or equipment will be confirmed by the City Building Official prior to issuance of certificate of
occupancy. (Impact 4.2-6)
MM4.2-34 Prior to issuance of a building permit, the applicant shall demonstrate that measures
have been included to provide adequate bicycle parking near building entrances to promote
cyclist safety, security, and convenience. Documentation of compliance with this measure shall
be provided to the City Building Official for review and approval. Installation of the identified
design features or equipment will be confirmed by the City Building Official prior to issuance of
certificate of occupancy. (Impact 4.2-6)
MM4.2-35 Prior to issuance of any certificate of occupancy, the applicant shall demonstrate
that all interior building lighting supports the use of compact fluorescent light bulbs or
equivalently efficient lighting to the satisfaction of the City Building Official. (Impact 4.2-6)
MM4.2-36 Tenants shall be responsible to ensure that preferential parking spaces are
allocated to ultra-low emission vehicles and alternative fueled vehicles to encourage the use of
alternative fuels and ultra-low emission vehicles. (Impact 4.2-6)
MM4.2-2 through MM4.2-29 would also apply to this impact. (Impact 4.2-7)
Project Analysis and Conclusion
The City determined that impacts related to increased local traffic volumes (Impact 5.2-3) and
SCAG growth projections (Impact 4.2-4) were below the level of significance and did not
require mitigation. Impacts related to objectionable odors (Impact 4.2-1), criteria pollutants
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(Impact 4.2-2), contribute to an air quality violation (Impact 4.2-5) were less than significant
with the implementation of mitigation measures. Impacts related to exceeding criteria pollutants
during operations (Impact 4.2-6) and construction (Impact 4.2-7) were significant and
unavoidable, and that specific economic, social, or other considerations make infeasible
additional mitigation. Specifically, no additional feasible mitigation measures exist that would
avoid or substantially reduce these impacts.
The proposed adoption of the text regulations identified in Table 1 — Current and Proposed
Text Regulations would not require preparation of a supplemental or subsequent E IR because
the project modifies the list of land uses and permit types including the deletion of industrial
land uses; amend nonconforming regulations including the additional of an amortization
process; amend and add operational standards for allowed uses and nonconforming uses; and
delete the Industrial Overlay (i-OZ) zone from text and maps; and delete the M1 (Light
Industrial) and M2 (Heavy Industrial) suffixes from certain properties within the TZC area.
Thus, there are no new land uses being introduced that would have air quality impacts. The
proposed amendments will introduce new regulations for nonconforming industrial use that
would discontinue nonconforming noxious uses, establish screening walls, eliminate vehicle
servicing on Sundays. These regulations would reduce dust and lessen air quality emissions.
No land use shall generate or cause any visible dust, gases, or smoke to be emitted into the
atmosphere. Uses, activities, and processes shall not operate in a manner that emits dust,
fumes, odors, smoke, or particulate matter, unless authorized under Federal, State, or local
law. Sources of air emissions shall comply with all rules established by the Environmental
Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board,
and the South Coast Air Quality Management District. These regulations will have a beneficial
impact to air quality.
Any future development within the TZC area requiring discretionary action would continue to
be subject to a project-level CEQA review at the time an application is filed for an individual
project. In addition, compliance with the existing regulations and proposed amendments will
assure that potential impacts are not exacerbated, which will result in a beneficial impact to air
quality. Mitigation measures MM4.2-1 through MM4.2-36 would continue to apply. Therefore,
the project does not trigger new air quality impacts requiring the preparation of a subsequent
or supplemental EIR. There would be no new or more severe significant impacts to air quality.
5.3 BIOLOGICAL RESOURCES
This section analyzes the effects to biological resources from implementing the proposed
zoning code regulations.
Would the project.
a. Have a substantial adverse effect 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
Wildlife or U.S. Fish and Wildlife Service?
b. Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, regulations or by the California
Department of Fish and Game or U.S. Fish and Wildlife Service?
c. Have a substantial adverse effect on federally protected wetlands (including, but not
limited to, marsh, vemal pool, coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
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d. Interfere substantially with the movement of any native resident or migratory fish or
wildlife species or with established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
e. Conflict with any local policies or ordinances protecting biological resources, such as a
tree preservation policy or ordinance?
f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional, or state habitat
conservation plan?
TZC EIR Conclusions
• No endangered, rare, threatened, or special status plant species (or associated
habitats) or wildlife species designated by the USFWS, CDFG, or CNPS are known to
occur or expected to occur within the Transit Zoning Code (SD 84A and SD 8413) area.
(DEIR Section 4.3.3: Effects Found to Have No Impact)
• No riparian habitat or other sensitive natural communities are located in these areas.
(DEIR Section 4.3.3: Effects Found to Have No Impact)
• The Transit Zoning Code (SD 84A and SD 8413) area is not in proximity to, nor does it
contain, wetland habitat or a blueline stream. (DEIR Section 4.3.3: Effects Found to
Have No Impact)
• The Transit Zoning Code (SD 84A and SD 8413) is surrounded by urban uses on all four
sides, including two highways, and, therefore, does not function as a wildlife movement
corridor. (DEIR Section 4.3.3: Effects Found to Have No Impact)
• Implementation of the project would not conflict with any local policies or ordinances
protecting biological resources. (DEIR Section 4.3.3: Effects Found to Have No Impact)
• No conflict with an adopted habitat conservation plan, Orange County NCCPIHCP or
other local, regional, or state habitat conservation plan would occur, and there would be
no impact. (DEIR Section 4.3.3: Effects Found to Have No Impact)
• Long-term cumulative development occurring pursuant to the Transit Zoning Code
would not result in a potential reduction in nesting opportunities for resident and
migratory avian species of special concern. (Impact 4.3-1: Less Than Significant
without mitigation)
TZC EIR Mitigation Measures
MM4.3-1 To ensure that avian species of concern, protected migratory species (e.g., MBTA),
or raptors species are not injured or disturbed by construction in the vicinity of nesting habitat,
the project applicant shall implement the following measures:
1. Tree removal shall be restricted to the period between August 30 and February 15, to
the extent feasible, to avoid the breeding season of any migratory species that could be
using the area, and to discourage nesting in the vicinity of an upcoming construction
area. If it is not feasible to remove trees outside this window then, prior to the beginning
of mass grading, including grading for major infrastructure improvements, during the
period between February 15 and August 30, all trees within 250 feet of any grading or
earthmoving activity shall be surveyed for active nests by a qualified biologist no more
than 30 days prior to disturbance. If active nests are found, and the site is within 250
feet of potential construction activity, a temporary fence shall be erected, where
appropriate, around the tree(s) at a distance of up to 250 feet, depending on the
species, from the edge of the canopy to prevent construction disturbance and
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intrusions on the nest area. The appropriate buffer shall be determined in consultation
with the City of Santa Ana Park Naturalist or a designee.
2. No construction vehicles shall be permitted within restricted areas (i.e., protection
zones), unless directly related to the management or protection of the legally protected
species.
3. If a legally protected species nest is located in a tree designated for removal, the
removal shall be deferred until after August 30, or until the adults and young of the year
are no longer dependent on the nest site as determined by a qualified biologist. (Impact
4.3-1)
Project Analysis and Conclusion
The City determined that impacts related to endangered, rare, threatened, or special status
plant species or associated habitats or wildlife species, riparian habitat and sensitive natural
communities, wetlands or blue line streams, wildlife movement corridors, habitat conservation
plans, and biological resource policies would not have any impacts. Impacts to avian species
were less than significant with implementation of the mitigation measures.
The proposed adoption of the text regulations identified in Table 1 — Current and Proposed
Text Regulations would not require preparation of a supplemental or subsequent EIR because
the TZC area is intended to be developed for urban uses and located in an area that is
completely developed for urban uses. Because TZC area is a heavily disturbed and graded
area consisting of industrial and residential uses, and the project does not introduce any new
types of land use, and instead removes the industrial overlay zone, there will be no impacts to
biological resources.
Any future development within the TZC area requiring discretionary action would be subject to
a project-level CEQA review at the time an application is filed for an individual project. In
addition, compliance with the existing regulations and proposed regulations will assure that
potential impacts are not exacerbated, which will result in a beneficial impact to biological
resources. The project does not trigger new biological resource impacts requiring the
preparation of a subsequent or supplemental EIR. Mitigation measure MM4.3-1 would continue
to apply. There would be no new or more significant impacts to biological resources.
5.4 CULTURAL RESOURCES
This section analyzes the effects to cultural resources and tribal cultural resources from
implementing the proposed zoning code regulations.
Would the project.
a. Cause a substantial adverse change in the significance of a historical resource as
defined in §15064.5 of the CEQA Guidelines?
b. Cause a substantial adverse change in the significance of an archaeological resource
pursuant to §15064.5 of the CEQA Guidelines?
c. Directly or indirectly destroy a unique paleontological resource or unique geologic
feature?
d. Disturb any human remains, including those interred outside of dedicated cemeteries?
TZC EIR Conclusions
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• Long-term cumulative development occurring pursuant to the Transit Zoning Code
could cause a substantial adverse change in the significance of an archaeological
resource or disturb human remains. (Impact 4.4-1: Less Than Significant with
mitigation)
• Long-term cumulative development occurring pursuant to the Transit Zoning Code has
the potential to directly or indirectly destroy a unique paleontological resource or unique
geologic feature. (Impact 4.4-2: Less Than Significant with mitigation)
• The adoption of the Transit Zoning Code (SD 84A and SD 84B) would result in
substantial adverse change in the significance of a historical resource as defined in
Section 15064.5 of the CEQA Guidelines. (Impact 4.4-3: Significant and Unavoidable
and no feasible mitigation)
TZC EIR Mitigation Measures
MM4.4-1(a) Prior to any earth-disturbing activities (e.g., excavation, trenching, grading) that
could encounter undisturbed soils, the project applicant shall retain an archaeologist who
meets the Secretary of the Interior's Professional Qualifications Standards for Archaeology to
determine if the project could result in a substantial adverse change in the significance of an
archaeological resource pursuant to Section 15064.5 of the CEQA Guidelines or disturb
human remains. The investigation shall include, as determined appropriate by the
archaeologist and the City of Santa Ana, an updated records search of the South Central
Coastal Information Center (SCCIC) of the California Historical Resources Information System
(CHRIS), updated Native American consultation, and a pedestrian survey of the area proposed
for development. The results of the investigation shall be documented in a technical report or
memorandum that identifies and evaluates any archaeological resources within the
development area and includes recommendations and methods for eliminating or avoiding
impacts on archaeological resources or human remains. The measures shall include, as
appropriate, subsurface testing of archaeological resources and/or construction monitoring by
a qualified professional and, if necessary, appropriate Native American monitors identified by
the applicable tribe (e.g., the Gabrielino Tongva Nation) and/or the Native American Heritage
Commission. The methods shall also include procedures for the unanticipated discovery of
human remains, which shall be in accordance with Section 5097.98 of the State Public
Resources Code and Section 7050.5 of California's Health and Safety Code. The technical
report or memorandum shall be submitted to the City of Santa Ana for approval. As determined
necessary by the City, environmental documentation (e.g., CEQA documentation) prepared for
future development within the project site shall reference or incorporate the findings and
recommendations of the technical report or memorandum. The project applicant shall be
responsible for implementing methods for eliminating or avoiding impacts on archaeological
resources identified in the technical report or memorandum. Projects that would not encounter
undisturbed soils and would therefore not be required to retain an archaeologist shall
demonstrate non-disturbance to the City through the appropriate construction plans or
geotechnical studies prior to any earth-disturbing activities. Projects that would include any
earth disturbance (disturbed or undisturbed soils) shall comply with MM4.4-2(b). (Impact 4.4-1)
MM4.4-1(b) If evidence of an archaeological site or other suspected historical resource as
defined by CEQA Guidelines Section 15064.5, including darkened soil representing past
human activity ("midden"), that could conceal material remains (e_g., worked stone, fired clay
vessels, faunal bone, hearths, storage pits, or burials) are discovered during any project-
related earth-disturbing activities (including projects that would not encounter undisturbed
soils), all earth-disturbing activity within 100 feet of the find shall be halted and the City of
Santa Ana shall be notified. The project applicant shall retain an archaeologist who meets the
Secretary of the Interior's Professional Qualifications Standards for Archaeology to assess the
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significance of the find. Impacts to any significant resources shall be mitigated to a less-than-
significant level through data recovery or other methods determined adequate by the
archaeologist and that are consistent with the Secretary of the Interior's Standards for
Archaeological Documentation. Any identified cultural resources shall be recorded on the
appropriate DPR 523 (A-L) form and filed with the SCCIC. (Impact 4.4-1)
MM4.4-2(a) Prior to any earth-disturbing activities (e.g., excavation, trenching, grading) that
could encounter undisturbed soils, the project applicant shall retain a professional
paleontologist to determine if the project could directly or indirectly destroy a unique
paleontological resource or site or unique geologic feature. The investigation shall include, as
determined appropriate by the paleontologist and the City of Santa Ana, a paleontology
records check and a pedestrian survey of the area proposed for development. The results of
the investigation shall be documented in a technical report or memorandum that identifies the
paleontological sensitivity of the development area and includes recommendations and
methods for eliminating or avoiding impacts on paleontological resources or unique geologic
features. The technical report or memorandum shall be submitted to the City for approval. As
determined necessary by the City, environmental documentation (e.g., CEQA documentation)
prepared for future development within the project site shall reference or incorporate the
findings and recommendations of the technical report or memorandum. The project applicant
shall be responsible for implementing methods for eliminating or avoiding impacts on
paleontological resources or unique geologic features identified in the technical report or
memorandum. Projects that would not encounter undisturbed soils and would therefore not be
required to retain a paleontologist shall demonstrate non-disturbance to the City through the
appropriate construction plans or geotechnical studies prior to any earth-disturbing activities.
Projects that would include any earth disturbance (disturbed or undisturbed soils) shall comply
with MM4.4-3(b). (Impact 4.4-2)
MM4.4-2(b) Should paleontological resources (i.e., fossil remains) be identified at a particular
site during project construction, the construction foreman shall cease construction within 100
feet of the find until a qualified professional can provide an evaluation. Mitigation of resource
impacts shall be implemented and funded by the project applicant and shall be conducted as
follows:
1. Identify and evaluate paleontological resources by intense field survey where impacts
are considered high
2. Assess effects on identified sites
3 Consult with the institutionallacademic paleontologists conducting research
investigations within the geological formations that are slated to be impacted
4. Obtain comments from the researchers
5. Comply with researchers' recommendations to address any significant adverse effects
where determined by the City to be feasible
In considering any suggested mitigation proposed by the consulting paleontologist, the City of
Santa Ana staff shall determine whether avoidance is necessary and feasible in light of factors
such as the nature of the find, project design, costs, applicable policies and land use
assumptions, and other considerations. If avoidance is unnecessary or infeasible, other
appropriate measures (e.g., data recovery) shall be instituted. Work may proceed on other
parts of the project site while mitigation for paleontological resources is carried out. (Impact
4.4-2)
MM4.4-3 Prior to development activities that would demolish or otherwise physically affect
buildings or structures 50 years old or older or affect their historic setting, the project applicant
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shall retain a cultural resource professional who meets the Secretary of the Interior's
Professional Qualifications Standards for Architectural History to determine if the project would
cause a substantial adverse change in the significance of a historical resource as defined in
Section 15064.5 of the CEQA Guidelines. The investigation shall include, as determined
appropriate by the cultural resource professional and the City of Santa Ana, the appropriate
archival research, including, if necessary, an updated records search of the South Central
Coastal Information Center (SCCIC) of the California Historical Resources Information System
(CHRIS) and a pedestrian survey of the proposed development area to determine if any
significant historic-period resources would be adversely affected by the proposed
development. The results of the investigation shall be documented in a technical report or
memorandum that identifies and evaluates any historical resources within the development
area and includes recommendations and methods for eliminating or reducing impacts on
historical resources. The technical report or memorandum shall be submitted to the City Santa
Ana for approval. As determined necessary by the City, environmental documentation (e.g.,
CEQA documentation) prepared for future development within the project site shall reference
or incorporate the findings and recommendations of the technical report or memorandum. The
project applicant shall be responsible for implementing methods for eliminating or reducing
Impacts on historical resources identified in the technical report or memorandum. Such
methods could include, but not be limited to, written and photographic recordation of the
resource in accordance with the level of Historic American Building Survey (HABS)
documentation that is appropriate to the significance (local, state, national) of the resource.
(Impact 4.4-3)
Project Analysis and Conclusion
The City determined that impacts related to archaeological resources (Impact 4.4-1) unique
paleontological resources (Impact 4.4-2), and disturbing human remains were less than
significant with the implementation of mitigation measures. Impacts related to historical
resources (Impact 4.4-3) were found to be significant and unavoidable and that specific
economic, social, or other considerations make infeasible additional mitigation. Specifically, no
additional feasible mitigation measures exist that would avoid or substantially reduce these
impacts.
The TZC EIR states that there are 80 designated historic properties that are listed on the
Santa Ana Register of Historical Properties, five that are listed on the California Points of
Historical Interest, and one that is listed on the California Historical Landmarks within and
adjacent to the TZC area.
The TZC area has already been subject to extensive disruption from previous development
and may contain artificial fill materials. The proposed adoption of the text regulations identified
in Table 1 — Current and Proposed Text Regulations would not require preparation of a
supplemental or subsequent EIR because specific development projects are neither included
nor required, nor would the project introduce new land uses that would have impact to cultural
or tribal cultural resources that could otherwise make the long-term significant and unavoidable
historical resource impacts more severe.
Any future development within the TZC area requiring discretionary action would continue to
be subject to a project-level CEQA review at the time an application is filed for an individual
project. In addition, compliance with the existing regulations and proposed amendments will
assure that potential impacts are not exacerbated. Mitigation measures MM4.4-1(a), MM4.4-
1(b), MM4.4-2(a), MM4.2(b), and MM4.4-3 would continue to apply. In addition, compliance
with the existing regulations and proposed regulations identified in Table 1 — Current and
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Proposed Text Regulations will assure that potential impacts are not exacerbated, which will
result in a beneficial impact to cultural resources. Therefore, the project does not trigger new
cultural or tribal cultural resource impacts requiring the preparation of a subsequent or
supplemental EIR. There would be no new or more severe significant impacts to cultural and
tribal cultural resources.
5.5 HAZARDS AND HAZARDOUS MATERIALS
This section analyzes the effects to hazards and hazardous materials from implementing the
proposed zoning code regulations.
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. Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous materials
into the environment?
c. Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school?
d. Be located on a site which is included on a list of hazardous materials sites compiled
pursuant to Government Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
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
result in a safety hazard for people residing or working in the project area?
f For a project within the vicinity of a private airstrip, would the project result in a safety
hazard forpeople residing or working in the project area?
g. Impair implementation of or physically interfere with an adopted emergency response
plan or emergency evacuation plan?
h. Expose people or structures to a significant risk of loss, injury, or death involving
wildland fires, including where wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
TZC EIR Conclusions
• A private airstrip/heliport is not known to be located within the Transit Zoning Code (SD
84A and SD 846) area, nor is the Transit Zoning Code (SD 84A and SD 8413) area
located in close proximity to a private airstrip/heliport. (DEIR Section 4.5.3: Effects
Found to Have No Impact)
• The Transit Zoning Code (SD 84A and SD 8413) area is located in a dense urban
environment and is surrounded by existing development. There are no wildland areas,
nor wildland interface areas located in the vicinity. Consequently, no wildland fires
would affect, or be affected by, implementation of the proposed Transit Zoning Code
(SD 84A and SD 846). (DEIR Section 4.5.3: Effects Found to Have No Impact)
• Long-term cumulative development occurring pursuant to the Transit Zoning Code
could involve the transportation, use, storage, and/or disposal of hazardous materials,
such as diesel exhaust. (Impact 4.5-1: Less Than Significant without mitigation)
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• Construction activities associated with implementation of the proposed Transit Zoning
Code (SD 84A and SD 84B) would result in the release of hazardous materials to the
environment through reasonably foreseeable upset and accident conditions. (impact
4.5-2: Less Than Significant with mitigation)
• Construction activities associated with the implementation of the Transit Zoning Code
would result in the handling of hazardous materials, substances, or waste within one-
quarter mile of an existing school. (impact 4.5-3: Less Than Significant without
mitigation)
• The Transit Zoning Code (SD 84A and SD 84B) includes sites which are included on a
list of hazardous materials sites and as a result, would create a significant hazard to the
public or environment. (Impact 4.5-4: Less Than Significant with mitigation)
• Construction activities associated with the implementation of the Transit Zoning Code
could result in a safety hazard for people residing or working in the project area.
(Impact 4.5-5: Less Than Significant with mitigation)
• The Transit Zoning Code could impair the implementation of, or physically interfere
with, an adopted emergency response plan or emergency evacuation plan resulting in a
significant impact. (Impact 4.5-6: Less Than Significant with mitigation)
TZC EIR Mitigation Measures
MM4.5-1 When sites that are listed in the EDR Report initiate project development, the project
applicant shall prepare a Phase I ESA for the proposed site. The Phase I ESA shall be
prepared in accordance with ASTM E-1527-05 "Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process" (November 1, 2006). The
purpose of a Phase I ESA is to identify environmental conditions at a proposed project site that
may suggest environmental contamination. The Phase I ESA report shall be prepared by a CA
EPA Registered Environmental Assessor or similarly qualified individual prior to initiating any
construction activities at the site.
If recommended in the Phase I ESA, the project sponsor shall undertake (or require the
responsible party to undertake) a Phase Il ESA soil sampling plan; or if any environmental
contamination is identified by the Phase I ESA, the project sponsor shall implement (or require
the responsible party to implement) the recommendations of the report to further investigate
and to remove any soil contamination. (Impact 4.6-2)
MM4.5-2 In the event that previously unknown or unidentified soil and/or groundwater
contamination that could present a threat to human health or the environment is encountered
during construction in the Transit Zoning Code (SD 84A and SD 84B) area, construction
activities in the immediate vicinity of the contamination shall cease immediately. If
contamination is encountered, a Risk Management Plan shall be prepared and implemented
that (1) identifies the contaminants of concern and the potential risk each contaminant would
pose to human health and the environment during construction and post-development and (2)
describes measures to be taken to protect workers, and the public from exposure to potential
site hazards. Such measures could include a range of options, including, but not limited to,
physical site controls during construction, remediation, long-term monitoring, post-development
maintenance or access limitations, or some combination thereof. Depending on the nature of
contamination, if any, appropriate agencies shall be notified (e.g., Santa Ana Fire Department).
If needed, a Site Health and Safety Plan that meets Occupational Safety and Health
Administration requirements shall be prepared and in place prior to commencement of work in
any contaminated area. (impact 4.5-2)
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MM4.5-3 Prior to the demolition of structures that were constructed before 1980, a thorough
investigation shall be completed to determine if asbestos, lead, or PCBs exist on the site. All
demolition that could result in the release of lead and/or asbestos must be conducted
according to Cal/OSHA standards. (Impact 4.5-2)
MM4.5-4 For development of structures that exceed 200 feet in height above ground level at a
development site, applicants shall file a Notice of Proposed Construction or Alteration with the
FAA (FAA Form 7460-1). Following the FAA's aeronautical evaluation of the project, projects
must comply with conditions of approval imposed or recommended by the FAA. Subsequent to
the FAA findings, the project shall be reviewed by the ALUC for consistency analysis. (Impact
4.5-5)
MM4.5-5 Prior to initiation of construction activities, any development within the Transit Zoning
Code (SD 84A and SD 84B) Area shall have a completed traffic control plan, prepared by the
project proponent that will be implemented during construction activities. This may include, but
is not limited to, the maintenance of at least one unobstructed lane in both directions on
surrounding roadways. At any time if only a single lane is available, the developer shall provide
a temporary traffic signal, signal carriers (i.e., flagpersons), or other appropriate traffic controls
to allow travel in both directions. If construction activities require the complete closure of a
roadway segment, the developer shall provide appropriate signage indicating alternative
routes. (Impact 4.5-6)
MM4.5-6 The City Public Works Department shall consult with the Santa Ana Police
Department and the Santa Ana Fire Department to disclose temporary closures and alternative
travel routes in order to ensure adequate access for emergency vehicles when construction of
future projects would result in temporary land or roadway closures. (Impact 4.5-6)
MM4.6-7 The Santa Ana Fire Department, in consultation with other applicable City
Departments (e.g., Police), shall update their Emergency Preparedness Plan prior to
occupancy of the first project developed under the Transit Zoning Code (SD 84A and SD 84B),
to address the potential for the accidental release of hazardous materials that may be used,
stored, and/or transported in association with operation of project implementation. (Impact 4.5-
6)
MM4.5-8 Project applicants shall submit evacuation plans on a project by project basis that
shall be reviewed and approved by the City Police and Fire Departments. (Impact 4.5-6)
Project Analysis and Conclusion
The City determined that impacts related to people residing or working in the vicinity of a
private airstrip/heliport and wildland areas would have no impact (DEIR Section 4.5.3: Effects
Found to Have No Impact). Impacts related to transportation, storage and disposal of
hazardous materials (Impact 4.5-1) and handling of hazardous materials near a school (Impact
4.5-3) were below the level of significance and did not require mitigation. Impacts related to
reasonably upset of hazardous materials into the environment (Impact 4.5-2), hazardous
materials sites (Impact 4.5-4), construction safety hazards for people or residing in the TZC
area (Impact 4.5-5) and interference with an adopted emergency response playa (Impact 4.5-6)
were less than significant with the implementation of mitigation measures.
The proposed adoption of the text regulations identified in Table 1 — Current and Proposed
Text Regulations would not require preparation of a supplemental or subsequent EIR because
specific development projects are neither included nor required. The new regulations would
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require that no material or waste shall be deposited upon a subject parcel in such form or
manner that it may be transferred off the parcel by natural causes or forces and that all
materials or wastes which might cause fumes or dust, or which constitute a fire hazard, or
which may be edible by or otherwise be attractive to rodents or insects shall be stored
outdoors only in closed containers. Land or buildings shall not be used or occupied in any
manner so as to create any fire, explosive or other hazard. All activities involving the use or
storage of combustible, explosive, caustic, or otherwise hazardous materials shall comply with
all applicable local, State, and Federal safety standards and shall be provided with adequate
safety devices against the hazard of fire and explosion, and adequate firefighting and fire
suppression equipment in compliance with City of Santa Ana regulations. The burning of waste
materials in open fires without written approval of the Fire Department is prohibited. No
activities shall be permitted which emit dangerous radioactivity at any point nor shall electrical
disturbances which adversely affect the operation of any equipment, other than that of the
creator of such disturbances, be allowed. No use, activity or process shall cause
electromagnetic interference with normal radio and television reception, or with the function of
other electronic equipment beyond the property line of the site in which it is situated. All uses,
activities and processes shall comply with applicable Federal Communications Commission
regulations.
Any future development within the TZC area requiring discretionary action would continue to
be subject to a project-level CEQA review at the time an application is filed for an individual
project. Mitigation measures MM4.5-1 through MM4.5-8 would continue to apply. Therefore,
the project does not trigger new hazards and hazardous materials impacts requiring the
preparation of a subsequent or supplemental EIR. In addition, compliance with the existing
regulations and proposed amendments will assure that potential impacts to hazards and
hazardous materials are not exacerbated. There would be no new or more severe significant
impacts to hazards and hazardous materials.
5.6 HYDROLOGY AND WATER QUALITY
This section analyzes the effects to hydrology and water quality from implementing the
proposed zoning code regulations.
Would the project:
a. Violate any 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 (e.g., the production rate of pre-existing nearby wells
would drop to a level that would not support existing land uses or planned uses for
which permits have been granted)?
c. Substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of stream or river, in a manner that would result in substantial
erosion or siltation on or off site?
d. 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 that would result in flooding on or off site?
e. Create or contribute runoff water which would exceed the capacity of existing or
planned
stormwater drainage systems or provide substantial additional sources of polluted
runoff?
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g. Otherwise substantially degrade water quality?
h. Place housing within a 100-year flood hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
i. Place within a 100-year flood hazard area structures, which would impede or redirect
flood flows?
j. 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?
k. Expose people or structures to a significant risk of loss, injury, or death involving
inundation by seiche, tsunami, or mudflow?
TZC EIR Conclusions
• The Transit Zoning Code (SD 84A and SD 84B) area is not located within a 100-year
flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance
Rate Map or other flood hazard delineation map, and is not within the 100-year or 500-
year flood hazard area. (DEIR Section 4.6.3: Effects Found to Have No Impact)
• The Transit zoning Code (SD 84A and SD 84B) area is not within the 100-year flood
hazard area, (DEIR Section 4.6.3: Effects Found to Have No Impact)
• The Transit Zoning Code (SD 84A and SD 84B) area is not located in the flood
inundation area of the Prado Dam or the Santiago Dam. (DEIR Section 4.6.3: Effects
Found to Have No Impact)
• The proposed Transit Zoning Code (SD 84A and SD 84B) would not expose people to
a significant risk of loss, injury, or death involving inundation by a seiche, tsunami, or
mudflow because the project site is not located near a coastal area, large water body,
or unstable and exposed hills or slopes. (DEIR Section 4.6.3: Effects Found to Have No
Impact)
• Implementation of the Transit Zoning Code would not violate water quality standards,
waste discharge, or otherwise substantially degrade water quality. (Impact 4.6-1: Less
Than Significant with mitigation)
• The majority of the Transit Zoning Code (SD 84A and SD 84B) area is already
developed and because the project area is not used for groundwater recharge, the
operation of future development under the proposed project would not interfere
substantially with groundwater recharge. (Impact 4.6-2: Less Than Significant without
mitigation with mitigation)
• Development under the Transit Zoning Code (SD 84A and SD 84B) could alter the
existing drainage pattern of the area and potentially result in erosion and siltation.
(Impact 4.6-3: less Than Significant)
• Future development in the Transit Zoning Code (SD 84A and SD 84B) could alter the
existing drainage pattern and potentially result in increased downstream flooding
through the addition of impervious surfaces, or exceeding the capacity of existing or
planned stormwater drainage systems. (Impact 4.6-4: Less Than Significant with
mitigation)
TZC EIR Mitigation Measures
MM4.6-1 In order to comply with the current version of the Drainage Area Master Plan (DAMP),
future development projects in the Transit Zoning Code (SD 84A and SD 84B) area shall
prepare Storm Drain Plans, Stormwater Pollution Prevention Plans (SWPPP), and Water
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Quality Management Plans (WQMP) conforming to the current National Pollutant Discharge
Elimination System (NPDES) requirements, prepared by a Licensed Civil Engineer or
Environmental Engineer, shall be submitted to the Public Works Agency for review and
approval.
a. A SWPPP shall be prepared and updated as needed during the course of construction to
satisfy the requirements of each phase of the development. The plan shall incorporate all
necessary Best Management Practices (BMPs) and other City requirements to eliminate
polluted runoff until all construction work for the project is completed. The SWPPP shall
include treatment and disposal of all dewatering operation flows, and for nuisance flows during
construction. The SWPPP may include, but would not necessarily be limited to, the following
applicable measures:
o Minimum required pavement widths for residential streets needed to comply with all
zoning and applicable ordinances
o Use permeable materials for private sidewalks, driveways, parking lots, or interior
roadway surfaces
o Reduce the overall imperviousness associated with parking lots by using pervious
materials in spillover parking areas
o Direct rooftop runoff to pervious areas and avoid routing rooftop runoff to the roadway
or the stormwater conveyance system
o Biofilters including vegetated swales and strips
o Extended/dry detention basins
o Infiltration basin
o Infiltration trenches or vaults
o Catch basin inserts
o Continuous flow deflection/separation systems
o Storm drain inserts
o Media filtration
o Foundation planting
o Catch basin screens
o Normal flow storage/separation systems
o Clarifiers
o Filtration systems
o Primary waste water treatment systems
o Dry Wells
o Cistern
b. A WQMP shall be prepared, maintained, and updated as needed to satisfy the requirements
of the adopted NPDES program. The plan shall incorporate water quality measures for all
improved phases of the project. (Impact 4.6-1 and Impact 4.6-3)
MM4.6-2 Prior to issuance of grading permits for future development projects in the Transit
Zoning Code (SD 84A and SD 84B) area, applicants shall submit site-specific Hydrology and
Hydraulic Studies to the Public Works Department for review and approval. If existing facilities
are not adequate to handle runoff that may be generated by the proposed development, then
the applicant shall propose feasible remedies to assure that adequate drainage facilities will be
available prior to issuance of occupancy permits. The applicant may propose storm drain
improvements to be constructed in order to meet project needs. If necessary storm drain
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upgrades cannot be implemented prior to issuance of occupancy permits, on site detention
facilities or other methods acceptable to the City shall be included with new development
projects to ensure that post-construction runoff does not exceed pre-development quantities.
(Impact 4.6-4)
MM4.6-3 During the design of individual projects, applicants shall minimize impervious area by
incorporating landscaped areas over substantial portions of a proposed project area.
Furthermore, impervious areas shall be directly connected to landscaped areas or bioretention
facilities to promote filtration and infiltration of stormwater. (Impact 4.6-4)
MM4.6-4 During the design of individual projects, applicants shall control structural source
through storm drain stenciling and signage, coverage of trash area to minimize direct
precipitation, efficient irrigation to minimize runoff into stormwater conveyance system, slope
and channel protection to decrease potentials for erosions of slopes, and use of deep-rooted,
drought tolerant plant species for erosion control. (Impact 4.6-4)
Project Analysis and Conclusion
The City determined that impacts related to within a 100-year flood hazard area, flood
inundation area, inundation from the Prado Darn, a seiche, tsunami, or mudflow would have no
impacts (DEIR Section 4.6-3). Impacts related to interference with groundwater recharge
(Impact 4.5-1), alteration to existing drainage patterns (impact 4.6-3) and increased
downstream flooding (Impact 4.6-4) were less than significant with the implementation of
mitigation measures.
The proposed adoption of the text regulations identified in Table 1 — Current and Proposed
Text Regulations would not require preparation of specific development projects, introduce
new land uses nor increase the intensity the existing uses. The new regulations would require
liquid or solid wastes discharged from future development projects be properly treated and
would therefore not pollute or contaminate any water courses or groundwater.
Any future development within the TZC area requiring discretionary action would continue to
be subject to a project-level CEQA review at the time an application is filed for an individual
.project. Mitigation measures MM4.6-1 through MM4.6-4 would continue to apply. Therefore,
the project does not trigger new hydrology and water quality impacts requiring the preparation
of a subsequent or supplemental EIR. In addition, compliance with the existing regulations and
proposed amendments will assure that potential impacts are not exacerbated. Therefore, there
would be no new or more severe significant impacts to hydrology and water quality.
5.7 LAND USE
This section analyzes the effects on land use from implementing the proposed zoning code
regulations.
Would the project.
a. Introduce new land uses that would result in conflicts of use?
b. Physically divide an established community?
c. 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.?
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d. Conflict with any applicable habitat conservation plan or natural community
conservation plan?
TZC EIR Conclusions
• The Transit Zoning Code (SD 84A and SD 84B) area is not located within either a
natural community plan or applicable habitat conservation plan. The Transit Zoning
Code (SD 84A and SD 84B) area does not contain any critical or sensitive habitat.
(DEIR Section 4.6.3: Effects Found to Have No Impact)
• The Transit Zoning Code (SD 84A and SD 84B) would not result in conflicts of use.
(Impact 4.7-1: Less Than Significant without mitigation)
• The proposed Transit Zoning Code (SD 84A and SD 84B) would not physically divide
an established community. (Impact 4.7-2: Less Than Significant without mitigation)
• The proposed Transit Zoning Code (SD 84A and SD 84B) would conflict with the Santa
Ana General Plan by adopting standards and land uses not currently allowed within the
proposed Transit Zoning Code (SD 84A and SD 84B) area; however, as part of the
proposed project, the General Plan would be amended to incorporate the proposed
land uses and development standards. (Impact 4.7-3: Less Than Significant without
mitigation)
TZC EIR Mitigation Measures
All impacts were below the level of significance and mitigation measures are not necessary nor
recommended.
Project Analysis and Conclusion
The City determined that impacts related to conflicts with a natural community plan or
applicable habitat conservation plan would have no impacts (DEIR Section 4.6.3: Effects
Found to Have No Impact). Impacts related to incompatible land uses (Impact 4.7-1), potential
to divide an established community (Impact 4.7-2), and conflicts with the Santa Ana General
Plan (Impact 4.7-3)were below the level of significance and did not require mitigation.
The proposed zoning ordinance amendments are consistent with various goals and policies of
the Santa Ana General Plan, as required by Government Code Section 65860, by timely
addressing current inconsistencies within an area of the City prioritized for addressing
environmental justice and impacts were found to be less than significant. In effect, the
amendments are necessary to address numerous policies of the General Plan that the current
TZC is found to be inconsistent with, that without such amendments, will continue the path of
irreconcilable land use patterns within the TZC area. Specifically, these policies include Policy
LU-1.1 (Compatible Uses), Policy LU-2.4 (Cost and Benefit of Development), Policy LU-3.8
(Sensitive Receptors), Policy LU-3.9 (Noxious, Hazardous, Dangerous, and Polluting Uses),
Policy LU-3.11 (Air Pollution Buffers), Policy LU-4.3 (Sustainable Land Use Strategies), Policy
LU-4.6 (Healthy Living Conditions), Policy CM-3.2 (Healthy Neighborhoods), Policy EP-1.9
(Avoid Conflict of Uses), Policy EP-3.3 (Mitigate Impacts), Policy CN-1.5 (Sensitive Receptor
Decisions), Policy CM-3.2 (Healthy Neighborhoods), and Policy HE-5.5 (Community Development),
which are targeted at correcting past land use planning practices that have placed an
unequitable environmental and health burden on certain neighborhoods now termed
disadvantaged communities.
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The proposed amendments support these goals and policies by:
• Fostering the compatibility between residential and nonresidential land uses within
the TZC to enhance livability and promote healthier lifestyles.
• Resolving the conflict of industrial land uses and sensitive receptors being in close
proximity to each other that pose health hazards by eliminating an overlay zone that
promulgated continuation of industrial uses without recourse,
• Improving the health of the existing and future residents of the TZC by regulating
the operations of noxious, hazardous, dangerous, and polluting uses by giving
priority to the discontinuance of those uses.
• Responding to overarching EJ policies to develop and implement land use and
zoning strategies to separate existing sensitive uses from heave industrial facilities
and emission sources.
• Continuing to support the creation of healthy neighborhoods by addressing land
use conflicts and incompatible uses through the elimination of the I-OZ zone and
associated industrial land use types from the list of allowable land uses within the
TZC.
• Developing and adopting new regulations to address facilities that emit high levels
increased pollution near sensitive receptors within EJ (Environmental Justice) area
boundaries, which includes areas of the TZC.
• Avoiding potential land use conflicts in the future by prohibiting the location of
noxious land uses in proximity to sensitive receptors
• Creating a sustainable land use plan for the area that phases out land uses that are
causing a substantial drain on City and other public agency resources in addressing the
impacts from irreconcilable land use conflicts in the TZC area.
Additionally, the proposed amendments implement and/or contribute to achieving the following
specific action programs of the General Plan, most particularly directly addressing LU3.3
through discontinuing nonconforming industrial uses through amortization:
LU1.1 - Development Code Update, Prepare a comprehensive update to the zoning
code to ensure that the City's zoning regulations align with the General Plan's goals
and policies. Update the Metro East Mixed-Use Overlay District to remove the portion
within the 17th Street and Grand Avenue Focus Area. Update the Midtown Specific
Plan.
LU3.3 - Healthy lifestyles. Collaborate with residents and industry stakeholders to
create a program to incentivize and amortize the removal of existing heavy industrial
uses adjacent to sensitive uses.
CN1.4 - Health risk criteria, Establish criteria for requiring health risk assessments for
existing and new industries, including the type of business, thresholds, and scope of
assessment. Review existing and establish new regulation to reduce and avoid
increased pollution near sensitive receptors within environmental justice area
boundaries.
CN1.7 - Truck idling. Evaluate strategies to reduce truck idling found or reported in
areas with sensitive receptors, with a priority placed on environmental justice areas.
CN1.11 - Public education. Augment existing outreach programs to improve public
awareness of State, regional and local agencies' roles and resources to identify,
monitor, and address air quality and other environmental hazards in the community.
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HES.0 — Healthy Neighborhoods Initiatives. Update the City's zoning code development
and operational standards for industrial zones to address incompatibility with adjacent
uses, including minimum distance requirements to buffer heavy industrial uses from
sensitive receptors. Conduct a study to evaluate and establish appropriate minimum
distances and landscape buffers between polluting industrial uses from sensitive
receptors such as residences.
HE44.A — Fair Housing. Ensure all City programs and activities relating to housing and
community development are administered in a manner that affirmatively furthers fair
housing.
Implementation of the proposed adoption of the text regulations identified in Table 1 — Current
and Proposed Text Regulations does not trigger new land use impacts that might otherwise
occur with a development project requiring preparation of a supplemental or subsequent EIR.
The new regulations would provide that any nonconforming business that operates in an
unlawful manner, including but not limited to, frequent code violations, police calls, or loitering
complaints, or is not in good standing with the City, including, but limited to constant service
calls or lapses in Business License renewal, will lose its nonconforming status, enabling the
City to take corrective action as it deems appropriate, including business license revocation or
terminating utility services or connections. For the purposes of this section, "frequent" is
defined as more than one violation, call, or complaint per month during any twelve month
period, and "constant service calls" is defined as more than one service call per month during
any twelve (12) month period.
Thus, the project would not physically divide an established community, or conflict with any
land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an
environmental impact. In addition, compliance with the existing regulations and proposed
amendments will assure that potential impacts are not exacerbated. Therefore, the project
does not trigger new land use impacts requiring the preparation of a subsequent or
supplemental EIR. There would be no new or more severe significant impacts to land use.
5.8 NOISE
This section analyzes the effects to noise from implementing the proposed zoning code
regulations.
Would the project:
a. Expose persons to or generate noise levels in excess of standards established in the
local general plan or noise ordinance, or applicable standards of other agencies?
b. Expose persons to or generate excessive groundborne vibration or groundbome noise
levels?
c. Cause a substantial permanent increase in ambient noise levels in the project vicinity
above levels existing without the project?
d. Cause a substantial temporary or periodic increase in ambient noise levels in the
project vicinity above levels existing without the project?
TZC EIR Conclusions
• The project is not located within an airport land use plan or within 2 miles of a public
airport or public use airport. (DEIR Section 4.8.3: Effects Found to Have No impact)
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• Construction activities associated with the proposed project would generate noise
levels that exceed the noise standards established by the City of Santa Ana Municipal
Code. (Impact 4.8-1: Less Than Significant with mitigation)
• Operation of the proposed project could expose noise-sensitive land uses to noise
levels that exceed the standards established by the City of Santa Ana General Plan.
([mpact 4.8-2: Less Than Significant with mitigation)
• Operation of the proposed project would not expose sensitive receptors on or off site to
excessive groundborne vibration or groundborne noise levels, (Impact 4.8-3: Less Than
Significant without mitigation)
• Occupants of the proposed residential units would not be exposed to potentially
significant vibration levels. (Impact 4.8-4: Less Than Significant without mitigation)
• Physical impact from an increase in ambient noise levels could occur from the
construction activities associated with the proposed project, an adverse effect on the
nearby residents would not occur. (Impact 4.8-5: Less Than Significant)
• No temporary or periodic noise impacts to on- or off-site receptors due to operation of
the project. (Impact 4.8-6: Less Than Significant without mitigation)
• Operation of the proposed project would not generate increased local traffic volumes
that would cause a substantial permanent increase in ambient noise levels in the
project vicinity. (Impact 4.8-7: Less Than Significant without mitigation)Operation of the
Southern California Regional Rail Authority's (SCRRA) rail line would potentially expose
noise-sensitive land uses located within the Transit Zoning Code (SD 84A and SD 8413)
area to noise levels that exceed the standards established by the City of Santa Ana
General Plan. (Impact 4.8-8: Significant and Unavoidable and no feasible mitigation)
• Construction activities associated with the proposed project would generate or expose
persons or structures to excessive groundborne vibration. (Impact 4.8-9: Significant and
Unavoidable and no feasible mitigation)
TZC EIR Mitigation Measures
MM4.8-1 All construction activity within the City shall be conducted in accordance with Section
18-314(e) of the City of Santa Ana Municipal Code. (Impact 4.8-1 and Impact 4.8-9)
MM4.8-2 Each project applicant shall require by contract specifications that the following
construction best management practices (BMPs) be implemented by contractors to reduce
construction noise levels:
Two weeks prior to the commencement of construction, notification must be provided to
property owners within 300 feet of a project site disclosing the construction schedule,
including the various types of activities that would be occurring throughout the duration of
the construction period
Ensure that construction equipment is properly muffled according to industry standards and
be in good working condition
Place noise-generating construction equipment and locate construction staging areas away
from sensitive uses, where feasible
Schedule high noise-producing activities between the hours of 8:00 A.M. and 5:00 P.M. to
minimize disruption on sensitive uses
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Implement noise attenuation measures, which may include, but are not limited to,
temporary noise barriers or noise blankets around stationary construction noise sources
Use electric air compressors and similar power tools rather than diesel equipment, where
feasible
Construction-related equipment, including heavy-duty equipment, motor vehicles, and
portable equipment, shall be turned off when not in use for more than 30 minutes
Construction hours, allowable workdays, and the phone number of the job superintendent
shall be clearly posted at all construction entrances to allow for surrounding owners and
residents to contact the job superintendent. If the City or the job superintendent receives a
complaint, the superintendent shall investigate, take appropriate corrective action, and
report the action taken to the reporting party.
Contract specifications shall be included in the proposed project construction documents,
which shall be reviewed by the City prior to issuance of a grading permit. (Impact 4.8-1)
MM4.8-3 Each project applicant shall require by contract specifications that construction
staging areas along with the operation of earthmoving equipment within the project area would
be located as far away from vibration and noise sensitive sites as possible. Contract
specifications shall be included in the proposed project construction documents, which shall be
reviewed by the City prior to issuance of a grading permit. (Impact 4.8-1 and Impact 4.8-9)
MM4.8-4 Each project applicant shall require by contract specifications that heavily loaded
trucks used during construction would be routed away from residential streets. Contract
specifications shall be included in the proposed project construction documents, which shall be
reviewed by the City prior to issuance of a grading permit. (Impact 4.8-1 and Impact 4.8-9)
MM4.8-5 When residential uses would be located in areas with noise levels in excess of 60
dBA CNEL (either through conversion of use/structure or new construction), the project
applicant shall provide noise barriers around private open space areas, including patios and
balconies, as necessary. The height and density of the barriers shall be sufficient to reduce the
exterior noise levels within private open space areas to a CNEL of 65 dBA or less. (Impact 4.8-
2)
MM4.8-6 Prior to issuance of building permits, building plans shall specify the STC rating of
windows and doors for all residential land uses. Window and door ratings shall be sufficient to
reduce the interior noise level to a CNEL of 45 dBA or less, and shall be determined by a
qualified acoustical consultant as part of the final engineering design of the project. (Impact
4.8-2)
MM4.8-7 Each project applicant shall provide proper shielding for all new HVAC systems used
by the proposed residential and mixed use buildings to achieve an attenuation of 15 dBA at 50
feet from the equipment. (Impact 4.8-2)
MM4.8-8 The City shall provide a written statement to each applicant for projects located within
400 feet of the SCRRA tracks that shall be .provided for each residential unit and resident,
notifying them of potential noise and vibration issues associated with the railroad tracks,
including the following:
Notice of Disclosure
Each owner's [or renter's] interest is subject to the fact that trains operate at different
times of the day and night on the railway tracks immediately adjacent to a project site;
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and that by accepting the conveyance of an interest [or lease agreement] in that
project, owner [or renter] accepts all impacts generated by the trains.
Posting of Notice of Disclosure in each residential unit.
Prior to offering the first residential unit for purchase, lease, or rent, the property owner
or developer shall post a copy of the Notice of Disclosure in every unit in a conspicuous
location. Also, a copy of the Notice of Disclosure shall be included in all materials
distributed for the Project, including but not limited to: the prospectus, informational
literature, and residential lease and rental agreements. (Impact 4.8-8)
Project Analysis and Conclusion
The City determined that no impacts related to the proximity public use airport would not result
in impacts would result. Impacts related to exposure of sensitive receptors from excessive
groundborne vibration (Impact 4.8-3), potentially significant vibration levels (Impact 4.8-4),
ambient noise increase (Impact 4.8-5), periodic noise impacts (Impact 4.8-6), and noise from
increased traffic volumes (Impact 4.8-7) were below the level of significance and did not
require mitigation. Impacts from noise levels exceeding City noise standards (Impact 4.8-1)
and exposure to noise-sensitive land uses (Impact 4.8-2) were less than significant with the
implementation of mitigation measures. Impacts causing groundborne vibration and
development exposure near the Southern California Regional Rail Authority's (SCRRA) rail line
(Impact 4.8-8) and construction activities from project implementation (Impact 4.8-9) were
found to be significant and unavoidable. Specific economic, social, or other considerations
make infeasible additional mitigation. Specifically, no additional feasible mitigation measures
exist that would avoid or substantially reduce these impacts.
The proposed adoption of the text regulations identified in Table 1 — Current and Proposed
Text Regulations would not require preparation of a supplemental or subsequent EIR because
specific development projects are neither included nor required. The new regulations would
limit daily operations times and days of week, and maximum noise that could be generated
from existing uses. No industrial use shall generate ground vibration perceptible without
instruments at any point along the property line of the site except for motor vehicle operations.
No vibration shall be produced that is transmitted through the ground and is discernible without
the aid of instruments by a reasonable person at the property lines of the site. Vibrations from
temporary construction, demolition, and vehicles that enter and leave the subject parcel are
exempt from this standard.
Any future development within the TZC area requiring discretionary action would continue to
be subject to a project-level CEQA review at the time an application is filed for an individual
project. Mitigation measures MM4.8-1 through MM4.8-8 would continue to apply. In addition,
compliance with the existing regulations and proposed amendments will assure that potential
impacts are not exacerbated. This will result in a beneficial impact. Therefore, the existing less
than significant and significant and unavoidable noise impacts would not result in new or
different impacts.
5.9 POPULATION, HOUSING AND EMPLOYMENT
This section analyzes the effects to population, housing and employment from implementing
the proposed zoning code regulations.
Would the project:
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a. Induce substantial unplanned population growth in an area, either directly (for example,
by proposing new homes and businesses) 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?
c. Displace substantial numbers of people, necessitating the construction of replacement
housing elsewhere?
TZC EIR Conclusions
• Implementation of the proposed project would accommodate projected population and
housing growth. (Impact 4.9-1: Less Than Significant without mitigation)
• Construction of development projects pursuant to the Transit Zoning Code (SD 84A
and SD 8413) could displace existing people or housing. However, this displacement
would not necessitate the construction of additional replacement housing elsewhere.
(Impact 4.9-2: Less Than Significant without mitigation)
TZC EIR Mitigation Measures
All impacts were below the level of significance and mitigation measures are not necessary nor
recommended.
Project Analysis and Conclusion
The City determined that impacts related to accommodating population and housing growth
Impact 4.9-1) and displacement of existing housing (Impact 4.9-2) were below the level of
significance and did not require mitigation.
Any future development within the TZC area requiring discretionary action would continue to
be subject to a project-level CEQA review at the time an application is filed for an individual
project. The proposed adoption of the text regulations identified in Table 1 — Current and
Proposed Text Regulations would not require development of housing units. The new
regulations would provide architectural standards to any future development that would
regulate the manner in which individual parcels and blocks are developed to create diverse
and pedestrian-oriented development that would be consistent with the TZC area. In addition,
there shall be no increase in the number of dwelling units unless the site on which the structure
is located complies with the off-street parking and open space requirements of the SAMC.
Therefore, the existing less than significant population, housing and employment impacts
would not result in new or different impacts nor would it increase unplanned growth and does
not trigger new population and housing impacts requiring the preparation of a subsequent or
supplemental EIR.
5.10 PUBLIC SERVICES
This section analyzes the effects to public services and recreational and park facilities from
implementing the proposed zoning code regulations.
Would the project:
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a. Result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental facilities, or the need for new or physically altered
governmental facilities, the construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response times or other
performance objectives for fire protection?
b. Result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental facilities, or the need for new or physically altered
governmental facilities, the construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response times or other
performance objectives for police protection?
c. Result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental facilities, or the need for new or physically altered
governmental facilities, the construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response times or other
performance objectives for schools?
d. Result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental facilities, or the need for new or physically altered
governmental facilities, the construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response times or other
performance objectives for library services?
e. Result in substantial adverse physical impacts associated with the provision of new or
physically altered governmental facilities, or the need for new or physically altered
governmental facilities, the construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response times or other
performance objectives for park services?
TZC EIR Conclusions
• Construction of new projects pursuant to the Transit Zoning Code (SD 84A and SD
8413) would increase the demand for fire protection services, but it would not require the
construction of new or physically altered facilities to accommodate the increased
demand or maintain acceptable response times. (Impact 4.10-1: Less Than Significant
with mitigation)
• Operation of the proposed project would increase the demand for police services,
thereby requiring additional staffing, although it would not require the construction of
new or physically altered facilities or personnel to accommodate the increased demand.
(Impact 4.10-2: Less Than Significant with mitigation)
• Construction of new residential units within the project area would generate new
students that could require the addition of new classroom facilities, thereby requiring
new or physically altered facilities to accommodate additional students in Santa Ana
Unified School District(SAUSD) schools. (Impact 4.10-3: Less Than Significant)
• Construction of new residential units within the project area would generate new library
users that could require the addition of new library facilities. (Impact 4.10-4: Less Than
Significant without mitigation)
• All properties identified as having new development potential to be built out pursuant to
the provisions of the Transit Zoning Code (SD 84A and SD 84B) these new projects
would generate a need for new or physically altered park facilities in order to maintain
acceptable service ratios. (Impact 4.10-5: Less Than Significant without mitigation)
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TZC EIR Mitigation Measures
MM4.10-1 Prior to an issuance of a building permit, individual projects in the Transit Zoning
Code (SD 84A and SD 8413) area shall perform a water supply, fire flow test and fire protection
system design analysis to ensure that proposed projects are in accordance to meet standard
fire protection design requirements. (Impact 4.10-1)
MM4.10-2 Any development that would exceed two stories in height shall submit site-specific
security plans to the SAPD for review prior to issuance of a building permit. (Impact 4.10-2)
MM4.10-3 No developer within the Transit Zoning Code (SD 84A and SD 84B) boundaries
shall utilize a frequency of 800 MHz, which is reserved for emergency services. (Impact 4.10-2)
MM4.10-4 Individual project developers shall pay school impact fees prior to the issuance of
occupancy permits. (impact 4.10-3)
MM4.10-6 Prior to issuance of a building permit for a residential development project, or
change of use from non-residential to residential within the Transit Zoning Code (SD 84A and
SD 84B) area, project applicants shall pay to the City of Santa Ana the Park Acquisition and
Development Fee. (impact 4.10-5)
Project Analysis and Conclusion
The City determined that impacts related to the provision of library services (Impact 4.10-4)
and recreation park facilities (Impact 4.10-5) were below the level of significance and did not
require mitigation. Impacts related to fire services (Impact 4.10-1), Police services (Impact
4.10-2) and generation of new school children (Impact 4.10-3) were less than significant with
the implementation of mitigation measures.
Any future development within the TZC area requiring discretionary action would continue to
be subject to a project-level CEQA review at the time an application is filed for an individual
project. Mitigation measures MM4.10-1 through MM4.10-5 would continue to apply.
The proposed adoption of the text regulations identified in Table 1 — Current and Proposed
Text Regulations would not require preparation of a supplemental or subsequent EIR because
specific development projects are neither included nor required. In addition, compliance with
the existing regulations and proposed amendments will assure that potential impacts are not
exacerbated, which will result in a beneficial impact to public services. Therefore, the existing
less than significant and significant and public services impacts would not result in new or
different impacts.
5.11 TRANSPORTATION
This section analyzes the effects on transportation from implementing the proposed zoning
code regulations.
Would the project:
a. Cause an increase in traffic which is substantial in relation to the existing traffic load
and capacity of the street system (i.e., result in a substantial increase in either the
number of vehicle trips, the volume to capacity ratio on roads, or congestion at
intersections)?
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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 due 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, plans, or programs supporting alternative transportation
(e.g., bus turnouts, bicycle racks)
TZC EIR Conclusions
• Operation of the proposed project would result in impacts related to neighborhood
traffic in the adjacent residential areas to the Transit Zoning Code (SD 84A and SD
8413) area. (Impact 4.11-1: Less Than Significant with mitigation)
• Long-term cumulative development pursuant to the implementation of the Transit
Zoning Code would exceed standards established by the Orange County
Transportation Authority within the study area. (Impact 4.11-2: Less Than Significant
without mitigation)
• Development projects constructed pursuant to the standards contained within the
Transit Zoning Code would not result in a change in air traffic patterns. (Impact 4.11-3:
Less Than Significant) without mitigation
• Development projects constructed pursuant to the Transit Zoning Code would not
increase hazards due to a design future or incompatible uses. (Impact 4.11-4: Less
Than Significant without mitigation)
• Development projects constructed pursuant to the Transit Zoning Code could result in
inadequate emergency access. (Impact 4.11-5: Less Than Significant without
mitigation)
• Long-term cumulative development under the implementation of the Transit Zoning
Code would not result in inadequate parking capacity. (Impact 4.11-6: Less Than
Significant without mitigation)
• The Transit Zoning Code would not conflict with adopted policies, plans, or programs
supporting alternative transportation. (Impact 4.11-7: Less Than Significant)
• Long-term cumulative development under implementation of the Transit Zoning Code
would cause an increase in traffic which is substantial in relation to the existing traffic
load and capacity of the street system. (Impact 4.11-8: Less Than Significant with
mitigation)
• Long-term cumulative development under implementation of the Transit Zoning Code
would result in impacts related to freeway ramps in the vicinity of the Transit Zoning
Code area. (impact 4.11-9: Less Than Significant with mitigation and Significant and
Unavoidable due to a public agency (Caltrans) approval other than the City)
TZC EIR Mitigation Measures
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MM4.11-1 The City of Santa Ana shall, during any roadway improvement within the Transit
Zoning Code boundaries, evaluate, consider, and implement as appropriate the traffic calming
measure(s), including but not limited to the following:
o Curb extensions at local intersections
o Short medians at entries to wide streets
o Traffic circles at oversized intersections
o Speed humps
o Turn restrictions (Impact 4.11-1)
MM4.11-2 As part of the project, the City of Santa Ana and the project sponsors shall work
with the transit providers to implement various transit-related measures to improve and expand
bus system service within the Transit Zoning Code (SD 84A and SD 84B) area. These
measures may include, but are not limited to, the following:
o Adding bus stops to the Transit Zoning Code (SD 84A and SD 8413) area along existing
roadways
o Changing bus service headways to respond to increased demand
o Changing bus service destinations to respond to changing demand
o Adding local shuttle service for employees and patrons of the Transit Zoning Code (SD
84A and SD 84B) area
o The details of bus service improvements shall be determined in coordination with
OCTA. The following recommendations would help encourage public transit patronage
for project-related trips:
o Bus Stop Locations---Relocation of existing bus stops and the provision of
additional bus stops should be considered to accommodate transit users at
convenient locations.
o Days of Operation--The City should work with OCTA to consider changes to route
times to serve nighttime and weekend project visitors and employees.
o Headway—The City should work w would be appropriate to reduce them Code (SD
84A and SD 8413) area.
MM4.11-3 The City of Santa Ana Public Works Agency shall monitor the traffic signals within
the Transit Zoning Code study area once every five years to ensure that traffic signal timing is
optimized. (Impact 4.11-8)
MM4.11-4 The City of Santa Ana shall institute a program for systematic mitigation of impacts
as development proceeds within the Transit Zoning Code to ensure mitigation of the individual
improvements. The program shall prescribe the method of participation in the mitigation
program by individual projects and guide the timely implementation of the mitigation measures.
The program shall include the following elements:
A funding and improvement program should be established to identify financial resources
adequate to construct all identified mitigation measures in a timely basis.
All properties that redevelop within the Transit Zoning Code should participate in the
program on a fair share per new development trip basis. The fair share should be based
upon the total cost of all identified mitigation measures, divided by the peak hour trip
generation increase forecast.
This rate per peak hour trip should be imposed upon the incremental traffic growth for any
new development within the Transitioning Code.
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The program should raise funds from full development of the Transit Zoning Code to fund
all identified mitigation measures.
The program should monitor phasing development of the Transit Zoning Code and defer or
eliminate improvements if the densities permitted in the Transit Zoning Code are not
occurring.
Program phasing should be monitored through preparation of specific project traffic impact
studies for any project that is expected to include more than 100 dwelling units or 100,000
sf of non-residential development. Traffic impact studies should use traffic generation rates
that are deemed to be most appropriate for the actual development proposed.
Properties within Santa Ana and within one-half mile of the Transit Zoning Code that
redevelop to result in higher traffic generation should also participate in the program to
insure equity.
The City may elect to implement appropriate mitigation measures as a condition of
approval of the proposed developments, where appropriate. All or part of the costs of these
improvements may be considered to be a negotiated credit toward the program, however
the program must be administered in a manner that assures that it can fund necessary
improvements to maintain adequate level of service at all intersections within this study. If
funding of priority improvements cannot be assured, credit for construction of lower priority
improvements may not be assured or may be postponed until more program funds are
available. (Impact 4.11-8)
MM4.11-6 Main Street at First Street—Install a second northbound and southbound left-turn
lanes and a dedicated northbound right-turn lane for 2030 and 2035 conditions. (Impact 4.11-
8)
MM4.11-6 Lacy Street at Santa Ana Boulevard—Install a traffic signal and provide exclusive
left-turn lane for both northbound and southbound directions for both 2030 and 2035
conditions. (Impact 4.11-8)
MM4.11-7 Lacy Street at First Street—Install a traffic signal for both 2030 and 2035 conditions,
a traffic signal, and provide exclusive left-turn lane for both northbound and southbound
directions for both 2030 and 2035 conditions. (Impact 4.11-8)
MM4.11-8 Santiago Street at Washington Avenue—Install a traffic signal and provide one
exclusive left-turn lane for both eastbound and westbound traffic for 2035 conditions only.
(Impact 4.11-8)
MM4.11-9 Santiago Street at Civic Center Drive—Install a traffic signal and provide: one
exclusive left-turn lane, one through lane, and one shared through and right-turn lane on
northbound and southbound approaches; and one exclusive left-turn lane and one shared
through and right lane on eastbound and westbound approaches. The improvement is only
needed for 2035 conditions. (Impact 4.11-8)
MM4.11-10 Santiago Street at Santa Ana Drive—Construct a second southbound left-turn lane
for 2035 conditions. The improvement is only needed for 2035 conditions. (Impact 4.11-8)
MM4.11-11 Santiago Street a Fourth Street—Install a traffic signal. The lane configuration for
the signal is recommended as 1 Left, 1 Through, 1 Through+ Right for all approaches. (Impact
4.11-8)
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MM4.11-12 Standard Street at First Street—Construct third eastbound and westbound shared
through-right lanes for 2035 conditions. The improvement is only needed for 2035 conditions.
(Impact 4.11-8)
MM4.11-13 Grand Avenue at Santa Ana Boulevard—Construct a third southbound through
lane and eastbound right-turn overlap signal phasing. (Impact 4.11-8)
MM4.11-14 Grand Avenue at First Street—Construct a third eastbound shared through/right-
turn lane, a third westbound shared through/right-turn lane, and a third northbound through
lane with dedicated northbound right-turn lane for 2035 conditions. The improvement is only
needed for 2035 conditions. (Impact 4.11-8)
MM4.11-15 Grand Avenue at 1-5 Northbound Ramps—Construct a second westbound right-
turn lane and for the 1-5 northbound off ramp under both 2030 and 2035 conditions. (Impact
4.11-8)
MM4.11.15 1-5 at Santa Ana Blvd.—Northbound Off-Ramp--The City of Santa Ana
Department of Public Works shall coordinate with Caltrans for the installation of a second ramp
lane for the 1-5 northbound off ramp. The improvement shall be implemented to mitigate 2035
conditions. (Impact 4.11-9)
Project Analysis and Conclusion
The City determined that impacts related to exceeding standards from the Orange County
Transportation Authority (Impact 4.111-2), change in air traffic patterns (Impact 4.11-3),
hazards due to a design future or incompatible uses (Impact 4.11-4), inadequate emergency
access (Impact 4.11-5), inadequate parking capacity (Impact 4.11-6), and alternative
transportation (impact 4.11-7) were below the level of significance and did not require
mitigation. Impacts related to neighborhood traffic (Impact 4.11-1) and traffic increases to the
existing traffic load (Impact 4.11-8) were less than significant with the implementation of
mitigation measures. Impacts related to development near freeway ramps (Impacts 4.11-9)
were found to be significant and unavoidable and that specific economic, social, or other
considerations make infeasible additional mitigation. Specifically, no additional feasible
mitigation measures exist that would avoid or substantially reduce these impacts.
Any future development within the TZC area requiring discretionary action would continue to
be subject to a project-level CEQA review at the time an application is filed for an individual
project. Mitigation measures MM4.11-1 through MM4.11-16 would continue to apply.
The proposed adoption of the text regulations identified in Table 1 — Current and Proposed
Text Regulations would not require preparation of a supplemental or subsequent EIR because
specific development projects are neither included nor required. The new regulations would
provide recharging spaces for electric vehicles. Also, all truck parking areas must be on paved
surfaces and the parking, loading or unloading of trucks associated with a business on public
streets is prohibited. In addition, compliance with the existing regulations and proposed
amendments will assure that potential impacts are not exacerbated. This will result in a
beneficial impact to transportation. Therefore, the existing less than significant and significant
and unavoidable transportation impacts would not result in new or different impacts.
5.12 UTILITIES AND SERVICE SYSTEMS
This section analyzes the effects to utilities and service systems from implementing the
proposed zoning code regulations.
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Would the project:
a. Require or result in the construction of new water treatment facilities or expansion of
existing facilities, the construction of which could cause significant environmental
effects?
b. Require new or expanded water entitlements and resources if there are not sufficient
water supplies available to serve the project from existing entitlements and resources?
TZC EIR Conclusions
• Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and
SD 84B) would generate an additional demand for water, but would not require water
supplies in excess of existing entitlements and resources or result in the need for new
or expanded entitlements. (Impact 4.12-1: Less Than Significant without mitigation)
• Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and
SD 84B) would not require or result in the construction of new or expanded water
treatment facilities, the construction of which could cause significant environmental
effects. (Impact 4.12-2: Less Than Significant)without mitigation
• Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and
SD 8413) would not exceed wastewater treatment requirements of the Orange County
Sanitation District. (Impact 4.12-3: Less Than Significant without mitigation)
• Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and
SD 8413) could require the construction of new or expanded wastewater conveyance
systems, the construction of which would not cause significant environmental effects.
(Impact 4.12-4: Less Than Significant with mitigation)
• Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and
SD 8413) would not increase wastewater generation such that treatment facilities would
be inadequate to serve the project's projected demand in addition to the provider's
existing commitments. (Impact 4.12-5: Less Than Significant without mitigation)
• Long-term cumulative development pursuant to the Transit Zoning Code would not
generate solid waste that exceeds the permitted capacity of landfills serving the area.
(Impact 4.12-6: Less Than Significant without mitigation)
• Long-term cumulative development under the implementation of the Transit Zoning
Code (SD 84A and SD 84B) would comply with all applicable federal, state, and local
statutes and regulations related to solid waste. (Impact 4.12-7: Less Than Significant
without mitigation)
• Long-term cumulative development pursuant to the Transit Zoning Code (SD 84A and
SD 84B) would increase the demand for electricity and gas, but would not require or
result in the construction of new energy production or transmission facilities, the
construction of which could cause a significant environmental impact. (Impact 4.12-8:
Less Than Significant without mitigation)
TZC EIR Mitigation Measures
MM4.12-1 Individual project applicants shall prepare site-specific sewer evaluations, including
flow monitoring and modeling, during the project design to determine the adequacy of the
existing sewer pipe capacity in the affected project area lines. The evaluation shall be
submitted to the City of Santa Ana or OCSD, as appropriate, for review and approval prior to
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issuance of building permits. Any recommendations made in the site-specific sewer
evaluations shall be incorporated into the design of each individual project. (impact 4.12-4)
MM4.12-2 Individual non-residential project applicants are encouraged to apply for Southern
California Edison's "Savings By Design" program. The program is aimed at generating an
overall reduction in energy use through design methods and incentive programs by
maintaining a 15% or greater exceedance of Title 24. (Impact 4.12-8)
MM4.12-3 Individual development projects within the boundaries of the Transit Zoning Code
(SD 84A and SD 846) shall implement energy conservation measures (such as energy-
efficient lighting and microprocessor controlled HVAC equipment) to reduce the demand for
electricity and natural gas as part of the project design. The energy conservation measures
shall be subject to modification as new technologies are developed, or if current technology
becomes obsolete, through replacement and shall be reviewed by the Planning and Building
Agency prior to issuance of a building permit. (Impact 4.12-8)
MM4.12-4 Individual development projects within the boundaries of the Transit Zoning Code
(SD 84A and SD 84B) shall implement energy conservation measures (such as energy-
efficient lighting and microprocessor controlled HVAC equipment) to reduce the demand for
electricity and natural gas as part of the project design. The energy conservation measures
shall be subject to modification as new technologies are developed, or if current technology
becomes obsolete, through replacement and shall be reviewed by the Planning and Building
Agency prior to issuance of a building permit. (Impact 4.12-8)
Project Analysis and Conclusion
The City determined that impacts related to additional water demand (Impact 4.12-1),
expanded water treatment facilities (Impact 4.12-2), exceed wastewater treatment
requirements (impact 4.12-3), increase wastewater generation (Impact 4.12-5), generate solid
waste exceeding permitted capacity (Impact 4.12-6), and compliance with applicable federal,
state, and local solid waste regulations (Impact 4.12-7) were below the level of significance
and did not require mitigation. Impacts related to new or expanded wastewater conveyance
systems (Impact 4.12-4) and an increased demand for electricity and gas (Impact 4.12-8)were
less than significant with the implementation of mitigation measures.
Any future development within the TZC area requiring discretionary action would continue to
be subject to a project-level CEQA review at the time an application is filed for an individual
project. Mitigation measures MM4.12-1 through MM4.12-4 would continue to apply.
The new regulations identified in Table 1 — Current and Proposed Text Regulations would
provide any nonconforming business that operates in an unlawful manner, including but not
limited to, frequent code violations, police calls, or loitering complaints, or is not in good
standing with the City, including, but limited to constant service calls or lapses in Business
License renewal, will lose its nonconforming status, enabling the City to take corrective action
as it deems appropriate, including business license revocation or terminating utility services or
connections. Also, in addition, compliance with the existing regulations and proposed
amendments will assure that potential impacts are not exacerbated which will result in a
beneficial impact to utilities and service systems. Therefore, the existing less than significant
utilities and service systems impacts would not result in new or different impacts requiring the
preparation of a subsequent or supplemental EIR.
5.13 GLOBAL CLIMATE CHANGE
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This section analyzes the effects to global climate change from implementing the proposed
zoning code regulations.
Would the project
a. Generate greenhouse gas emissions, either directly or indirectly, that may have a
significant impact on the environment?
b. Generate greenhouse gas emissions, conflict with any applicable plan, policy or
regulation of an agency adopted for the purpose of reducing the emissions of
greenhouse gas?
TZC EIR Conclusions
• Long-term cumulative development pursuant to the Transit Zoning Code at full build-out
would result in significant localized air quality impacts for operational level emissions.
As a whole, this impact is significant for operational emissions due to the size of the
Transit Zoning Code (SD 84A and SD 84B) area. (Impact 4.13-1: Significant and
Unavoidable and no feasible mitigation)
• Long-term cumulative development pursuant to the Transit Zoning Code at full build-out
has the potential to conflict with AB 32. The Project as a whole is significant for
operational emissions due to the size of the Transit Zoning Code (SD 84A and SD 8413)
area. (Impact 4.13-2: Significant and Unavoidable and no feasible mitigation)
TZC EIR Mitigation Measures
MM4.13.1 All diesel fueled construction equipment shall be classified EPA Tier II or better
emission efficiencies. (Impact 4.3-1)
MM4.13.2 All construction equipment shall be shut off when not in use and shall not idle for
more than five minutes, unless actively engaged in construction activities.
MM4.13-3 Queuing of trucks on- and offsite shall be limited to periods when absolutely
necessitated by grading or construction activities. (Impact 4.3-1)
MM4.13-3 Queuing of trucks on- and offsite shall be limited to periods when absolutely
necessitated by grading or construction activities. (Impact 4.3-1)
MM4.13-4 All on-road construction trucks and other vehicles greater than 10,000 pounds shall
be shut off when not in use and shall not idle for more than 5 minutes. (Impact 4.3-1)
MM4.13-5 To the extent feasible, all diesel- and gasoline-powered construction equipment
shall be replaced with equivalent electric equipment.
MM4.13-6 Project plans and specifications shall include policies and procedures for the reuse
and recycling of construction and demolition waste (including, but not limited to, soil,
vegetation, concrete, lumber, metal, and cardboard). (Impact 4.3-1)
MM4.13-7 Project plans and specifications shall include education for construction workers
about reducing waste and using available recycling services. (Impact 4.3-1)
MM4.13-8 Prior to issuance of a building permit, the applicant shall demonstrate that the
design of the proposed buildings or structures meets or exceeds the most recent Title 24
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requirements (Title 24, Part 6 of the California Code of Regulations; Energy Efficiency
Standards for Residential and Non Residential Buildings; Cool Roof Coatings performance
standards), subject to review by the City Building Official. Documentation of compliance with
this measure shall be provided to the Planning and Building Agency and Building Official for
review and approval prior to issuance of the permit. Installation of the identified design features
or equipment will be confirmed by the City Building Official prior to certificate of occupancy.
The following design features should be considered by the applicant as a way to achieve Title
24 compliance in excess of the minimum requirement:
o Increase in insulation such that heat transfer and thermal bridging is minimized
o Limit air leakage through the structure or within the heating and cooling distribution
system to minimize energy consumption
o Incorporate dual-paned or other energy efficient windows
o Incorporate energy efficient space heating and cooling equipment
o Incorporate energy efficient light fixtures
o Incorporate energy efficient appliances
o Incorporate energy efficient domestic hot water systems
o Incorporate solar panels into the electrical system
o Incorporate coot roofs/light-colored roofing
Or other measures that will increase the energy efficiency of building envelope in a manner
that when combined with the other options listed above exceeds current Title 24 Standards
(Title 24, Part 6 of the California Code of Regulations; Energy Efficiency Standards for
Residential and Non Residential Buildings, as amended September 11, 2008; Cool Roof
Coatings performance standards as amended September 11, 2006) by a minimum of 20
percent. (Impact 4.3-1)
MM4.13-9 Prior to issuance of a building permit, applicants for individual projects shall provide
a landscape plan that includes shade trees around main buildings, particularly along southern
elevations where practical, and will not interfere with loading dock locations or other
operational constraints. Documentation of compliance with this measure shall be provided to
the Planning and Building Agency for review and approval. (Impact 4.3-1)
MM4.13-10 All showerheads, lavatory faucets, and sink faucets within the residential units, and
where feasible within non-residential developments, shall comply with the California Energy
Conservation flow rate standards. (Impact 4.3-1)
MM4.13-11 Low-flush toilets shall be installed within all Congregate Care units as specified in
California State Health and Safety Code Section 17921.3.
MM4.13-12 Project designers should consider design features to incorporate light-colored
roofing materials that will deflect heat away from the building and conserve energy. (impact
4.3-1)
MM4.13-13 Landscape designers shall ensure that landscaping of common areas for
Industrial/Commercial projects uses drought-tolerant and smog-tolerant trees, shrubs, and
groundcover to ensure longterm viability and conserve water and energy. (Impact 4.3-1)
MM4.13-14 Landscape designers shall ensure that the landscape plan for
Industrial/Commercial projects includes drought resistant trees, shrubs, and groundcover within
the parking lot and perimeter. (Impact 4.3-1)
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MM4.13-15 Individual project applicants shall ensure that designs for Industrial/Commercial
projects include all illumination elements to have controls to allow selective use as an energy
conservation measure. (Impact4.3-1)
MM4.13-16 The applicant for Industrial/Commercial projects should promote ride sharing
programs such as, but not necessarily including, publishing ride sharing information for all of
the tenants, designating a certain percentage of parking spaces for ride sharing vehicles,
designating adequate passenger loading and unloading and waiting areas for ride sharing
vehicles, and providing a website or message board for coordinating rides. Prior to issuance of
a building permit, the applicant shall demonstrate that measures have been included to provide
adequate bicycle parking near building entrances to promote cyclist safety, security, and
convenience pursuant to SAMC Chapter 41 regarding bicycle parking standards and Chapter
16 of the Santa Ana Citywide Design Guidelines regarding Bikeway Support Facilities
Guidelines. Documentation of compliance with this measure shall be provided to the City
Building Official for review and approval. Installation of the identified design features or
equipment will be confirmed by the City Building Official prior to issuance of certificate of
occupancy. (Impact 4.3-1)
MM4.13-17 Prior to issuance of any certificate of occupancy, the applicant shall demonstrate
that all Multi-family/Industrial/Commercial projects' interior building lighting supports the use of
compact fluorescent light bulbs or equivalently efficient lighting to the satisfaction of the
Building Official. (Impact 4.3-1)
MM4.13-18 Applicants for Multi-family/Industrial/Commercial projects shall consider providing
preferential parking spaces for ultra-low emission vehicles and alternative fueled vehicles to
encourage the use of alternative fuels and ultra-low emission vehicles. (Impact 4.3-1)
MM4.13-19 Prior to issuance of a building permit, the applicant shall demonstrate that the
proposed Multi-family/ Industrial/Commercial uses building or structure designs incorporate
exterior storage areas for recyclables and green waste and adequate recycling containers
located in public/common areas pursuant to the adopted standards. Documentation of
compliance with this measure shall be provided to the Planning and Building Agency for review
and approval. Installation of the identified design features or equipment will be confirmed by
the City Building Official prior to issuance of certificate of occupancy. (Impact 4.3-1)
MM4.13-20 All common area irrigation areas for Multi-familyllndustrial/Commercial projects
shall consider systems that are capable of being operated by a computerized irrigation system
which includes an onsite weather station/ET gage capable of reading current weather data and
making automatic adjustments to independent run times for each irrigation valve based on
changes in temperature, solar radiation, relative humidity, rain, and wind. In addition, the
computerized irrigation system shall also consider the ability to be equipped with flow-sensing
capabilities, thus automatically shutting down the irrigation system in the event of a mainline
break or broken head. These features will assist in conserving water, eliminating the potential
of slope failure due to mainline breaks, and eliminating over-watering and flooding due to pipe
and/or head breaks. (Impact 4.3-1)
MM4.13-21 Consideration of installation of solar roofs on homes and businesses to offset the
increasing demand for energy and natural gas. (Impact 4.3-1)
MM4.13-22 Project applicants shall, where feasible, incorporate passive solar design features
into the buildings, which may include roof overhangs or canopies that block summer shade,
but that allow winter sun, from penetrating south facing windows. (Impact 4.3-1)
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MM4.13-23 Use Energy Efficient Roofing Materials. All roofing materials used in
commercial/retail buildings at the Mixed-Use Retail Development shall be Energy Star®
certified. All roof products shall also be certified to meet American Society for Testing and
Materials (ASTM) high emissivity requirements. (impact 4.3-1)
MM4.13-24 All commercial/industrial projects shall, where feasible, include up to 10%
renewable energy sources within the project. (Impact 4.3-1)
MM4.13-1 through MM4.13-24 would also apply to this impact. (Impact 4.3-2)
Project Analysis and Conclusion
The City determined that long-term development related to localized air quality impacts from
operational emissions (Impact 4.13-1) and operational emissions due to the size of the TZC
area with the potential to conflict with AB 32 (Impact 4.13-2) were found to be significant and
unavoidable and that specific economic, social, or other considerations make infeasible
additional mitigation. Specifically, no additional feasible mitigation measures exist that would
avoid or substantially reduce these impacts.
Any future development within the TZC area requiring discretionary action would continue to
be subject to a project-level CEQA review at the time an application is filed for an individual
project Mitigation measures MM 4.13-1 through MM4.13.24 would continue to apply.
The new regulations in Table 1 — Current and Proposed Text Regulations would provide that
no land use shall generate or cause any visible dust, gases, or smoke to be emitted into the
atmosphere and that uses, activities, and processes shall not operate in a manner that emits
dust, fumes, odors, smoke, or particulate matter, unless authorized under Federal, State, or
local law. This will result in a beneficial impact to climate change/greenhouse gas emissions.
Therefore, the existing significant and unavoidable global climate change impacts would not
result in new or different impacts requiring the preparation of a subsequent or supplemental
EIR.
5.14 MANDATORY FINDINGS OF SIGNIFICANCE
Would the project.
a. Does the project have the potential to substantially 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 potential to achieve short-term environmental goals to the
disadvantage of long-term environmental goals?
c. 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,
the effects of other current projects, and the effects of probable future projects)?
d. Does the project have environmental effects which will cause substantial adverse
effects on human beings, either directly or indirectly?
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As detailed herein, on the basis of substantial evidence in the light of the whole record, a
Subsequent or Supplemental EIR is not appropriate for the project because none of the criteria
permitting such a document under State CEQA Guidelines section 15162 are met.
Project implementation does not include nor require implementation of specific development
projects. The majority of the City is urbanized, with residential and nonresidential development,
and mobility and public facilities all contributing to Santa Ana's existing built environment.
The proposed text amendments to SAMC Sections 41-2001, 41-2001.5, 41-2002, 41-2004,
41-2005, 41-2006, 41-2008, 41-2009, and 41-2008 would merely update to clarify that the
regulations apply to existing uses, further limit some rehabilitation of existing buildings and
structures, clarify the effects of amendments to the TZC, further limit certain existing
operations to ensure greater compatibility between residential and non-residential land uses,
and to establish regulations for operation of any existing, legally established, nonconforming
industrial uses. Section 41-2001.5 is updated to encompass new SAMC Section 21-2009,
which establishes regulations for operation of any existing, legally established, nonconforming
industrial use. Section 41-2004 deletes the Overlay I-OZ zone from the text and map.
Implementation of these SAMC amendments would not require implementation of any specific
developments or direct physical changes to the environment, and therefore would not be in
conflict with the GPIJ and no intensification of land uses would result.
The City of Santa Ana, which includes the TZC area, is not within a NCCPIHCP area, and
therefore would not conflict with an adopted NCCPIHCP plan. No direct or indirect substantial
adverse effects on human beings would occur.
5.15 CONCLUSION
This project proposes amendments to the Transit Zoning Code (SD-84) by way of ZOA No.
2024-02 and AA No. 2024-03. These proposed amendments would modify the list of land uses
and permit types including the deletion of industrial land uses; amend nonconforming
regulations including the addition of an amortization process; amend and add operational
standards for allowed uses and nonconforming uses; delete the Industrial Overlay (I-OZ) zone
from text and maps; and delete the M1 (Light Industrial) and M2 (Heavy Industrial) suffixes
from certain properties within the SD-84 Zoning District boundary as designated on the City of
Santa Ana Zoning Map. Refer to Section 3.0 —Description of the Proposed Project.
This project would not result in new or more severe environmental impacts than previously
addressed in the TZC FEIR, nor has any new information regarding the potential for new or
more severe significant environmental impacts have been identified because the project
basically limits industrial uses and would not lead to the expansion or intensification of new,
expanded or more intensive uses. Therefore, there will be no new or more severe impacts as
the result of the implementation of this project, beyond the impacts that have already been
analyzed in the TZC FEIR.
In taking action on any of the approvals, the decision-making body of the lead agency must
consider the whole of the data presented in the TZC FEIR. As outlined in this Addendum
analysis, all impacts of the project were fully examined in the TZC FEIR, and the proposed
changes do not require substantial changes to the prior-certified EIR or previously adopted
mitigation measures. Therefore, the preparation of an Addendum to the existing certified EIR is
the appropriate CEQA document to support the City's consideration of the project, as outlined
in CEQA Guidelines Sections 15162 and 15164.
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