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HomeMy WebLinkAbout2016-012 - California Environmental Quality ActLS 1.25.16 RESOLUTION NO. 2016 -012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2015 -01; ADOPTING THE MITIGATION MONITORING PROGRAM; APPROVING GENERAL PLAN AMENDMENT NO. 2015 -03; AND, APPROVING VESTING TENTATIVE TRACT MAP NO. 2015 -03 AS CONDITIONED FOR THE PROPERTY LOCATED AT 2001 EAST DYER ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting the certification of Environmental Impact Report (EIR) No. 2015 -01, the approval of General Plan Amendment No. 2015 -03 to amend the General Plan to change the land use designation from Industrial (IND) to District Center (DC), and the approval of Vesting Tentative Tract Map No. 2015 -03 to allow construction of The Heritage mixed -use development project that would include 1,221 apartment homes, 12,675 square feet of retail commercial space, and 5,415 square feet of restaurant space on an 18.84 acre parcel of land at 2001 East Dyer Road. B. On October 12, 2015, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council: (1) adopt a resolution certifying Final Environmental Impact Report No. 2015 -01 and approving the Mitigation Monitoring Program, Findings of Fact and Statement of Overriding Considerations; (2) adopt a resolution approving General Plan Amendment No. 2015 -03; and, (3) adopt a resolution approving Vesting Tentative Tract Map No. 2015 -03 as conditioned, for the proposed project. C. On February 2, 2016, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Final Environmental Impact Report No. 2015 -01, General Plan Amendment No. 2015 -03, and Vesting Tentative Tract Map No. 2015 -03, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. Resolution No. 2016 -012 Page 1 of 10 D. Pursuant to the California Environmental Quality Act (Pub. Res. Code, § 21000 et seq.; "CEQA "), and the State CEQA Guidelines the City has determined that an Environmental Impact Report ( "EIR ") should be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the proposed Project. 1. Pursuant to Public Resources Code section 21067 and the State CEQA Guidelines (Cal. Code Reg., tit. 14, § 15000 et seq.) section 15051, the City is the lead agency for the proposed Project. 2. In accordance with CEQA, the recommended actions have been reviewed through an environmental impact report, EIR No. 2015- 01. Sections 15080 through 15097 of the State CEQA Guidelines (Article 7) guide the process for the preparation of an environmental impact report. 3. The EIR, as required by CEQA, contains: 1) an initial study; 2) a project description; 3) a description of the environmental setting, potential environmental impacts, mitigation measures for any significant effects, and consistency with plans and policies; and 4) names of preparers. The mitigation measures included in this EIR are designed to reduce or eliminate the potentially significant environmental impacts described herein. The scope of the EIR evaluates the proposed project's effects on the following resource topics: aesthetics, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services, recreation, transportation and traffic, and utilities and service systems. 4. The City prepared a draft EIR and published the Notice of Availability (NOA) in the Orange County Register as well as posted the NOA at the Orange County Clerk's office on July 16, 2015. The City circulated the draft EIR for a 45 -day public review between July 17, 2015 and August 31, 2015. The draft EIR was available for public review at the Santa Ana City Hall, the City of Santa Ana Main Library, and on the City's website. 5. During the 45 -day public review period, the City held a regularly scheduled public hearing with the Planning Commission on August 24, 2015, to receive comments regarding the Draft EIR. 6. The City received a total of eight written comment letters during the public review period and evaluated all comments received from the persons or agencies that reviewed the Draft EIR. Pursuant to Section 15088 of the State CEQA Guidelines, the City, as the lead Resolution No. 2016 -012 Page 2 of 10 agency for the project, has reviewed all comments received on the document. The City provided written responses to all agencies and members of the public commenting on the Draft EIR at least 10 days prior to the Planning Commission hearing and 30 days prior to certification of the EIR. 7. The City has prepared a Final EIR, consisting of comments and recommendations received during the 45 -day public review and comment period on the Draft EIR, written responses to those comments, and revisions and clarifications to the Draft EIR in response to those comments. For the purposes of this Resolution, the "EIR" shall refer to the Draft EIR, including all of the technical studies and appendices to the Draft EIR, as revised by the Final EIR's revisions, together with the other sections of the Final EIR, including all of the technical studies, attachments and appendices to the Final EIR. 8. Findings of Fact with respect to environmental impacts, including environmental impacts identified in the Final EIR as potentially significant, but which the City finds can be substantially lessened through the imposition of feasible mitigation measures identified in the Final EIR, are described in Exhibit A attached hereto and incorporated herein by this reference. 9. As a result of the environmental analysis, two significant impacts were found from the construction of the proposed project that pertains to air quality and traffic. Accordingly, the City has also prepared a Statement of Overriding Considerations in compliance with Public Resources Code Sections 21081 and CEQA Guidelines Section 15093, which finds that specific economic, legal, social, technological or other benefits of the proposed project outweigh the significant and unavoidable impacts identified in the EIR, as described in Exhibit B attached hereto and incorporated herein by this reference. 10. Mitigation measures have also been provided to address potential environmental impacts, with a list of these mitigation measures found within the Mitigation Monitoring and Reporting Program attached hereto as Exhibit C and incorporated herein by this reference. Mitigation measures have been outlined to address potential impacts on air quality, noise, transportation and traffic, utilities and service systems, and climate change. 11. All the requirements of CEQA and the State CEQA Guidelines have been satisfied by the City in the Final EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the proposed project have been adequately evaluated. Resolution No. 2016 -012 Page 3 of 10 12. The Final EIR prepared in connection with the proposed project sufficiently analyzes both the feasible Mitigation Measures necessary to avoid or substantially lessen the proposed project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA and the State CEQA Guidelines. 13. All of the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to the City Council as a whole and not based solely on the information provided in this Resolution. 14. Prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the Final EIR, and all oral and written evidence presented to it during all meetings and hearings, all of which is incorporated herein by this reference. 15. The City has not received any comments or additional information that produced substantial new information requiring recirculation or additional environmental review under Public Resources Code sections 21166 and 21092.1 and State CEQA Guidelines section 15088.5. E. General Plan Amendment No. 2015 -03 has been filed to amend the General Plan to change the land use designation from Professional and Administrative Office (PAO) to District Center (DC). 1. Currently, the land use designation for this site is Professional and Administrative Office (PAO), which allows office development and ancillary commercial uses. This project will require amendments to the Land Use Element, including amending the General Plan Land Use designation to District Center (DC) with a General Plan floor area ratio of 1.70. The floor area ratio was derived from the size of the proposed buildings as well as the square footage of the existing structures on the site. 2. The proposed project will be consistent with several goals and policies of the recently adopted Housing Element. First, the project is consistent with Goal 2, which encourages diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels and age groups to foster an inclusive community. Second, the project supports Goal 4, to provide adequate rental and ownership housing opportunities and supportive services. Further, the project is consistent with Policy HE -2.2 to create District Centers with high intensity, mixed -use Resolution No. 2016 -012 Page 4 of 10 urban villages and pedestrian oriented experiences; and Policy HE- 2.4 to facilitate diverse types, prices and sizes of housing. 3. The City Council has weighed and balanced the General Plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2015 -03 is consistent with the purpose of the general plan. F. Vesting Tentative Tract Map No. 2015 -03 has been filed seeking approval of a vesting tentative tract map to subdivide the site into six parcels. 1. To adopt a Vesting Tentative Tract Map, California Government Code Section 66474 requires the following findings: The proposed project, as conditioned, and its design and improvements are consistent with the District Center designation on the General Plan and are otherwise consistent with all other elements of the General Plan. The proposed subdivision, Vesting Tentative Tract Map No. 2013 -04, will be consistent with the proposed District Center land use designation and density prescribed and all other elements of the General Plan. Policy No. 1.3 of the General Plan Land Use Element encourages high- density residential development within the City's District Centers. Further, Policy No. 1.4 promotes the maintenance and fostering of a variety of residential land uses in the City. ii. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed subdivision conforms to the requirements and intent of the provisions of the State of California Subdivision Map Act. Further, the map is in keeping with the Site Plan Review (Development Project No. 2014 -20) and Chapter 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC &Rs) are required for the project, which need to be approved by the City prior to City Council approval of the final map. iii. The project site is physically suitable for the type and density of the proposed project. Resolution No. 2016 -012 Page 5 of 10 There are no physical constraints on the site that would preclude development. The proposed site consists of approximately 18.84 -acres of land and is physically suitable for the development as proposed. Access to the site will occur on both Dyer Road and Redhill Avenue. iv. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. An Environmental Impact Report was prepared pursuant to the California Environment Quality Act for the project. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. V. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision is not going to have any detrimental effects upon the general public. The short -term and long -term impacts identified in Environmental Impact Report No. 2015 -01 as it pertains to air quality and traffic and transportation, can be addressed by a Statement of Overriding Considerations by the City Council. Any other negative or adverse impacts will be mitigated through mitigation measures identified in the environmental impact report. vi. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. There is no easement for public access currently existing on this property. Therefore, the proposed project will not conflict with easements necessary for public access through or use of the property. However, the applicant will be granting an easement for pedestrian and vehicular purposes over the southern portion of the site to the adjacent hotel use. Resolution No. 2016 -012 Page 6 of 10 Public access will be provided from Dyer Road and Redhill Avenue. Section 2. Certification. The City hereby finds that (1) the EIR has been prepared, processed, and noticed in accordance with CEQA and the State CEQA Guidelines; (2) the EIR was presented to the City Council and the City Council has reviewed and considered the information contained in the EIR prior to considering adoption of the project, and (3) the EIR reflects the independent judgment and analysis of the City Council and is deemed adequate for the purposes of making decisions on the merits of the Project. Based on all of the above findings, the City hereby certifies the EIR. Section 3. CEQA Findings. The City hereby adopts the CEQA Findings, which were prepared in accordance with Public Resources Code section 15091 and which are attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth herein. Section 4. Statement of Overriding Considerations. The City hereby adopts the Statement of Overriding Considerations made in connection with the approval of the project pursuant to CEQA Guidelines Section 15091, which is attached hereto as Exhibit B and incorporated herein by this reference as if fully set forth herein. Section 5. Mitigation Monitoring Program. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring Program attached hereto as Exhibit C and incorporated herein by this reference as a condition of approval of the project. The City finds that Mitigation Monitoring Program is designed to ensure that, during the implementation of the Project, the City and any other responsible parties implement the components of the Project and comply with the mitigation measures identified in the Mitigation Monitoring Program. Section 6. Wildlife Resources. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 7. Approvals. Based on the entire record before the City Council, all written and oral evidence presented, the CEQA Findings, the Statement of Overriding Considerations, and the Mitigation Monitoring Program, all attached and incorporated herein as Exhibit A, Exhibit B, and Exhibit C to this Resolution, the City Council of the City of Santa Ana hereby: Resolution No. 2016 -012 Page 7 of 10 A. Adopts the CEQA findings, adopts the Statement of Overriding Considerations, and certifies Final Environmental Impact Report No. 2015 -01, and approves the mitigation monitoring program for The Heritage project; B. Approves General Plan Amendment No. 2015 -03; and, C. Approves Vesting Tentative Tract Map No. 2015 -03 as conditioned in Exhibit D attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated February 2, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 8. Indemnification. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any CEQA review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 9. Ordinances. This Resolution shall not be effective unless and until Ordinance No. NS -2892 (AA No. 2014 -04) and Ordinance No. NS -2893 (Development Agreement No. 2015 -03) become effective. If said ordinances are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 10. Judicial Review. These decisions rendered by the City Council of the City of Santa Ana are final and are subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the applicant of the City Council's decisions and these findings. Section 11. Location of Documents and Custodian of Records. The documents and materials that constitute the record of proceedings on which the CEQA Findings in Exhibit A of this Resolution have been based are located at 20 Civic Center Plaza, Santa Ana. The custodian for these records is the Santa Ana Clerk of the Council. This information is provided in compliance with Public Resources Code section 21081.6. Section 12. Notice of Determination. The City Council hereby directs staff to file a Notice of Determination with the County of Orange within five (5) working days of final Project approval. ADOPTED this 2nd day of February, 2016. Resolution No. 2016 -012 Page 8 of 10 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: C-, •� Lisa Storck Assistant City Attorney AYES: Councilmembers: Amezcua, Benavides, Pulido, Revna, Sarmiento, Tinalero (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: Martinez (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No _2016 -012 to be the original resolution adopted by the City Council of the City of Santa Ana on February 2, 2016. Date: — Clerk of the Council City of Santa Ana Resolution No. 2016 -012 Page 9 of 10 Exhibits "A -D" PLEASE SEE LASERFICHE RESOLUTION NO. 2016 -012 FOR EXHIBITS Resolution No. 2016 -012 Page 10 of 10 Exhibit A California Environmental Quality Act Findings Resolution No. 2015 -XXX Page 10 of 16 Statement of Facts and Findings 1.0 Introduction The California Environmental Quality Act (CEQA) requires that a Lead Agency issue findings prior to approvhng a project that will generate a significant impact on the environment. The Statement of Facts and Findings identifies the significant impacts and presents facts supporting the conclusions reached in the analysis, makes one or more findings for each impact, and explains the reasoning behind the agency's findings. As described by CEQA Guidelines Section 15091 (a) "No public agency shall approve or carry out a projectfor which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings,for each of those significant effects, accompanied by a brief explanation of the rationalefor each finding. " There are three possible finding categories available for the Statement of Facts and Findings pursuant to Section 15091 (a) of the CEQA Guidelines. (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Stich changes or alterations are within the responsibility and jurlsdletion of another public agency and not the agency malting the finding. Stich changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including ,provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. A Statement of Overriding Considerations is also required when a project will cause unavoidable significant impacts, and the Lead Agency may still approve it project where its benefits outweigh the adverse impacts. Further, as provided in the Statement of Overriding Considerations, the Lead Agency sets forth specific reasoning by which benefits are balanced against effects, and approves the proj ect. Pursuant to California Code of Regulations (CCR), Title 14, Section 15090, the City of Santa Ana, the CEQA Lead Agency, finds and declares that the Eeitage Mixed Use Proj cot Environmental Impact Report (EIR) has been completed in compliance with CEQA and the CEQA Guidelines. The City of Santa Ana finds and certifies that the EIR was reviewed and information contained in the EIR was considered prior to approving the IIeritage Mixed Use project, herein referred to as the "project ". Statement of Facts and Findings Based upon its review of the EIR, the Lead Agency finds that the EIR is an adequate assessment of the potentially significant environmental impacts of the project, represents the independent judgment of the City, and sets forth an adequate range of alternatives to this project. 2.0 Project Description The proposed project would redevelop the project site to provide a mixed -use development consisting of a total of 1,221 multi- family apartments in the upper three floors of three five -story buildings; commercial retail space on the bottom two floors; retainment of the existing office uses, and provision of park and recreation open space and facilities. The proposed land uses would require a General flan Amendment from the existing land use designation from PAO (Professional and Administrative Office) to District Center. In addition, a zone change from M -1 (Light Industrial) to a Specific Development designation would be required. The tallest point on the proposed five -story ruixed -use buildings world be 67 -feet 6- inches from ground level. Areas of the first and second floors of these three buildings would be developed to provide commercial retail space totaling 12,675 square feet and restaurant space totaling 5,415 square feet. The multi - family units would be for rental purposes and would be developed at a density of 65 dwelling units per acre (etu/ac) (1,221 total units on 18.84 acres). The residential units would range in size from 512 square foot studios to 1,290 square foot one, two, and three- bedroom Emits, and would have between 41 square feet and 71 square feet of outdoor terrace area. The existing 366,000 square foot office /warehouse building would be reduced in size by removing the warehouse space. The two -story 56,000 square foot office building and associated surface parking that provides 102 spaces would be reconfigured. hi addition, the exterior of the office building would be remodeled and the existing emergency generator for the data center would be relocated from its existing location to another location o:nsite. Architecture and Design The proposed architectural design of the project would provide a complete community by integrating the buildings, public spaces, and green spaces. Each building would provide a unique, but similar to one another, contemporary and modern architectural expression. The proposed design colors are earth tones, including off- white, beige, brown, grey color shades. The ground floor retail uses and common areas would be developed as pedestrian - oriented frontages. In addition, the site design would also include pedestrian/bicycle paths to provide for non - vehicular onsite circulation. Open Space / Recreation The proposed proj ect includes both public and private (for residents) open space and recreational facilities on the proj ect site. A 1.01 -acre public central park would be developed in the northern portion of the project site. The central park area would include an outdoor theatre, public art/sculpture, playground, and walking paths that would comiect to the open space along the northern and eastern boundaries of the project site. The open space along the northern and eastern boundaries of the project site would provide a putting green, a par The Heritage Mixed W. PmJ..1 2 ESA) 140730 Statement of Facts and Findings September 2010 Statement of Foots and Findings course/walking/running trail with seating, and a dog run. In addition, courtyards, roof terraces, and perimeter plazas would provide recreation amenities for residents that would include three pool and spa areas, fire pits, outdoor barbeque areas, a fitness area, a community center, tennis and basketball courts, and a children's play area. Each building would have a common area rooftop deck with outdoor kitchen and seating areas. Parking Facilities The project would provide a variety of parking facilities to serve each onsite use. Each residential building would have an above grade parking structure that provides 1,71 spaces per unit. In addition, the office building would utilize a 102 -space surface parking lot that is located at the office building entrance. The project would provide a total of 2,334 parking spaces, which includes 1,907 parking spaces for residents, 102 parking spaces for the office building, and 325 guest and commercial parking spaces. City Sewer Line Improvement As described in Section 3.14, Utilities and Service Systems, approximately 1,000 feet of the existing 10 -inch sewer line (from the proj ect driveway on Dyer Road to the intersection of Red Hill Avenue) would be replaced with a 12 -inch line to provide additional capacity between the proposed sewer connection at the project site and the existing 39 -inch trunk sewer in Red Hill Avenue. The 39 -inoh trunk sewer in Red Hill Avenue has sufficient capacity, and no improvements would be required. Construction Construction activities are anticipated to begin in June 2016 and end in July 2020. The proposed project would be developed in three phases and would include development of one building per phase. In addition, construction of the central park area and exterior improvements to the office structure would be completed during the first phase. Over excavation is anticipated to extend to a depth of eight feet below existing site grades. Grading for the project would be balanced onsitc, meaning that no unport or export of excavated soil would be required. Approximately, 25 truck trips per day would occur during demolition and construction activities to transport building materials and construction equipment to the site, and to dispose of demolition and construction debris. 3.0 Project Objectives The following objectives have been identified by the applicant and the City for the proposed project: Redevelop existing underutilized parcels to implement a mixed -use development that will provide a balance of land uses, public open space, and neighborhood serving retail that will promote the "co-benefits" of community livability, pedestrian walkability, mobility, prosperity and sustainability. The Heritage Mixed Use Project 3 ESA 1140730 Statement or Facts and Findings September 2016 Statement of • Redevelop existing land uses that would utilize existing infrastructure, including: water, sewer, arterial roadways, transit, and freeways; and provide non - vehicular (pedestrian and bicycle) circulation. • &nplement rehabilitation of underutilized properties to encourage increased levels of capital investment and enhance the City's economic and fiscal viability pursuant to the City of Santa Ana Strategic Plan. • Provide a business environment that is safe and attractive and mects the needs of employment centers by providing new housirng opportunities close to jobs with onsite retail and public open space. • Implement Southern California Association of Government's Regional Comprehensive Plan by providing additional housing near existing employment centers. • Promote the City's image within the regional activity center by creating an improved gateway image to the City. 4.0 Effects Determined to have No.lmpact in the Initial Study /Notice of Preparation The City of Santa Ana prepared an Initial Study/Notice of Preparation for the proposed proj cot to determine potentially significant effects of the project. In the course of this evaluation, it was determined that the project would not result in impacts to several environmental resource areas. The Initial Study/Notice of Preparation was circulated for public review from Wednesday, January 21, 2015 through Friday, February 20, 2015. The following effects were determined not to be significant in the Initial Study/Notice of Preparation, and were not analyzed in the Draft EIR; refer to Appendix A of the Draft EIR. Aesthetics • Have a substantial adverse effect on a scenic vista. • Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. Agricultural and Forest Resources • Convert Prime Farmland, Unique Famitand, or Fa stand of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Progran of the California Resources Agency, to non - agricultural use. • Conflict with existing zoning for agricultural use, or a Williamson Act contract. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(8)), timberland (as defined by Public Resources Code section The aedtage Mixed Use PmJeot 4 ESA 1140736 Statameof of Feats and Findings September 2016 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)). • Result in the loss of forest land or conversion of forest land to non4orest use. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use. Air Quality • Create objectionable odors affecting a substantial number of people. Biological Resources • 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. • I -lave 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 Wildlife or U,S. Fish and Wildlife Service. • Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. • Interfere substantially with the movement of any native resident or m gratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. • Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. • Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or skate habitat conservation plan. Cultural Resources Cause a substantial adverse change in the significance of a historical resource as defined in Sectionl5064.5. • Disturb any human remains, including those interred outside of formal cemeteries. The I arltsgo WOO Usa Profuct 5 ESA/ 140735 SIeIemP.pt of Fects and Findings September 2015 Statement of Facts and Rndings Geology and Soils Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death, involving; Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault, or o Landslides. + Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems in areas where sewers are not available for the disposal of wastewater. Hazards and Hazardous Materials + Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. • Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school. • For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area. + 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. Hydrology and Water Quality • 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. Place strictures within a 100 -year flood hazard area, floodway, or floodplain which would impede or redirect flood flows. 4 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; or Inundation by seiche, tsunami, or mudflow. Land Use and Planning • Conflict with any applicable habitat conservation plan or natural community conservation plan. Physically divide an established community. The Harllage Mixed Use Project 6 ESA 1140730 Statement of f-acls end Findings September 2016 Mineral Resources • Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. • Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan. Noise • Expose people residing or working in the project area to excessive noise levels related to a private airstrip. Population and Housing • Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. • Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. Transportation and Traffic • 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. • Substantially increase hazards due to incompatible uses (e.g., farm equipment). • Result in inadequate emergency access. • Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. 5.0 Effects Determined to be Less than Significant in the EIR The Heritage Mixed Use Project Draft EIR found that the project would result in less than significant impacts and no mitigation is required for a number of enviromnental topic areas. Therefore, a less than significant environmental impact determination was made for each of the topical impact areas listed below: • Aesthetics (character, light and glare, cumulative) • Air Quality (consistency with regional plans and localized air quality) • Geology and Soils (erosion and cumulative) • Greenhouse Gases (constriction and policy consistency) The hledlage Mixed Use Project 7 ESA/ 140730 Statement of Facts and Fllndings Septernter 2015 Statement of recta and Flndings Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning (plan slid policy consistency) Noise ('short -tern construction noise impacts, construction - related vibration impacts, and short -tern cumulativeinjpacts) . • Population and Housing Public Services • Parks and Recreation f Traffic (Congestion Management Program) Utilities and Service Systems The less than significant environmental impacts are described below. The City of Santa Ana finds that the project would not result in significant impacts related to the following environmental topics; A. Facts The project would not substantially degrade the existing visual character or quality of the site and its surrolmdings. Implementation of the project would result in a strong visual contrast from existing conditions. The character of the site would change from an industrial/warehouse/office nature to a residential, urban mixed -use village that would have a unifying modem architectural theme. However, a substantial degradation of the visual character or quality would not occur. The project site currently has very limited (if any) visual character or interest. The project would enhance and reinforce the existing urban, mixed -rise character of the project site and surrounding area, by providing a mixed use that would integrate buildings, public spaces, slid green spaces. Furthermore, the project would be designed in accordance with applicable City of Santa Ana design guidelines and requirements. As a result, the project would not substantially degrade the existing visual character of the site or surrounding area, and impacts would be less than significant. 2. The project would not create a substantial new source of substantial light or glare which would adversely affect day or nighttime views in the area. All outdoor lighting installed for the project are required to be hooded, appropriately angled away from adjacent land uses, and would comply with the City's Municipal Code regulations related to lighting (Municipal Code Division 3, Building Security Regulations), which includes specifications for shielding and intensity of security lighting. The lighting used for the project would not introduce a significant new source of additional lighting to area as existing developed land uses currently contribute to existing moderate to high levels of nighttime lighting. Therefore, less- than - significant impacts related to lighting would occur, The Hedtage Mlxed Use Project 8 ESA � 140730 Statement of Facts and Flndings September 2016 Statement of Facts and Findings The project would not use highly reflective surfaces, does not include large areas of glass on the buildings, and a majority of vehicle parking would be located within parking structures. Therefore, the project would not generate substantial sources of glare, and impacts would be less than significant. The character and quality of the project would be similar to and consistent with the existing viewshed and related proj ects within the viewshed that are proposed, including those within the Tustin Legacy and Irvine IBC areas. Therefore, implementation of the project, when combined with the past, present, and reasonably foreseeable cumulative projects, would not result in a cumulatively considerable degradation to the existing visual character or quality of the environment. As a result, cumulative impacts related to visual character and site quality would be less than significant. 4. With compliance with the existing Cities of Santa Ana and Irvine Municipal Codes, City of Tustin Zoning Code, and Marine Corps Air Station (MCAS) Tustin Specific Plan regulations, the proposed project would not combine with the related projects to result in a cumulatively adverse impact related to lighting or glare. Therefore, implementation of the proj cot, when combined with the past, present, and reasonably foreseeable cumulative projects would not be cumulatively considerable. As a result, cumulative impacts related to light and glare would be less than significant. B. Findings The City finds that: 1. The Heritage Mixed Use project would not create permanent adverse impacts related to degradation of the existing visual character or quality of the site and its surroundings, and would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. In addition, the project would not result in a cumulatively considerable impact when, combined with the past, present, and reasonably foreseeable cumulative proj ects. Thus, these impacts would be less than significant, and no mitigation measures are necessary. Air Quality A. Facts 1. The project would not conflict with or obstruct implementation of the applicable air quality plan. The project would develop residential in proximity to employment and transit services, which would reduce vehicular emissions and is consistent with the Air Quality Management Plan (AQMP), Although the project would require a. General Plan Land Use designation change, the increase in population and housing units generated by the project would be within the projected growth hi the combined three City local area and the County, and the project would reduce the jobs - housing ratio, which is consistent with the AQMP. Therefore, the project would result in less than significant impacts related to conflict with or obstruction of implementation of the AQMP. 2. The project would not expose sensitive receptors to substantial pollutant concentrations. The peak hour traffic at all of the intersections would be less than the applicable thresholds related to CO The Heritago Mixed Use Project 9 ESA 1140730 Slatomorf of Facts and Findings Seplember 2015 hotspots; therefore, CO emissions would be less than significant. Additionally, the emissions generated by the project would not exceed the applicable SCAQMD localized construction or operational air quality thresholds. Therefore, localized impacts related to localized construction and operational impacts would be less than significant, In addition, emissions of toxic air contaminants (TACs) related to diesel particulate matter from construction equipment, the onsite emergency generator, and adjacent active rail line would not exceed the thresholds of significance. Therefore, the project would result in less than significant impacts related to exposure of sensitive receptors to substantial pollutant concentrations. B. Findings The City finds that: 1. The Heritage Mixed Use project would not create permanent adverse impacts related to conflict with or obstruction of implementation of the AQMP, and would riot expose sensitive receptors to substantial pollutant concentrations. Thus, these air quality related impacts would be less than significant, and no mitigation measures are necessary. Geology and Soils A. Facts 1. The project would not result in substantial soil erosion or the loss of topsoil. The project would be required to be implemented in compliance with the Construction General Permit and a SWPPP prepared by a Qualified SWPPP Developer (QSD) and implemented by a Qualified SWPPP Practitioner (QSP), which would ensure that construction - related impacts from erosion and siltation from the project would be less than significant. 2. The project would not result in a significant cumulative impact related to geology and soils, The project would be required to be i nplomented in compliance with (California Building Codes) building codes, which reduces impacts to a less than significant level. All other projects within the County are subject to similar seismic hazards and are subject to CBC building codes to reduce potential effects related to seismic events. Therefore, the project would not result in impacts that could combine with other existing, future, or foreseeable projects; and the project would result in less than significant cumulative impacts related to geology and soils. Implementation of a site - specific SWPPP and BMPs as required by Construction General Permit would minimize the potential for soil erosion from project construction. All planned projects in the vicinity of the project are subject to conformance with the same Construction General Pennit and the local grading and building code requirements, which reduce potential impacts related to erosion and seismic hazards to less than sigm fucant levels. With implementation of existing regulatory requirements, the project when combined with the past, present, and reasonably foreseeable cumulative projects would result in less than significant cumulative impacts related to erosion. The Hedlege Mixed Use Project 10 ESA 1140730 Sietamonl of Facts and Flndln9s September 2015 Facts and B, Findings The City finds that: The Heritage Mixed Use project would not result in substantial soil erosion or the loss of topsoil, significant cumulative impacts related to geology and soils, or significant cumulative impacts related to soil erosion. Thus, these geology and soils related impacts would be less than significant, and no mitigation measures arc necessary, Greenhouse Gas Emissions A. Facts I. The project would not result in substantial greenhouse gas (GHG) emissions during construction. The project's total estimated GHG emissions from construction would be much less than the emissions threshold. As a result, GHG emissions related to construction activities would be less than significant. 2. The project would not result in conflict with a California Air Resources Board (CARB) Scoping Plan policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Out of the Recommended Actions contained in CARB's Seeping Plan, the actions that are most applicable to the project would be related to energy efficiency, green buildings, and water use efficiency, The project would be designed to comply with the CalGreen Code to ensure that resources (energy, water, etc.) would be used efficiently. Therefore, the proj ect would result in less than significant impacts related to CARB's Scoping Plan. 3. The proj ect would not result in conflict with a Southern California Association of Governments (SCAG) 2012 -2035 Regional Transportation Plan/Susta suable Communities Strategy (RTP /SCS) policy or regulation adopted for the purpose of reducing the emissions of GHG. The project would be consistent with the applicable RTP /SCS goals, which includes goals related to the protection of the environment and health of residents by improving air quality and encouraging active transportation (non - motorized transportation, such as bicycling and walking). The project is consistent with this goal because it would include bicycle and pedestrian connectivity between the onsite residential, retail, restaurant, park, recreation, and office uses. In addition, applicable RTP /SCS goals include encouraging land use and growth patterns that facilitate transit and non- motorized transportation, The project is consistent with this goal because it is located adjacent to existing public transportation that provides connectivity to nearby regional Metrolink transit, B. Findings The City finds that: The heritage Mixed Use project would not result in substantial greenhouse gas emissions during construction. In addition, the project would not result in a conflict with any applicable CARD Seeping Plan or SCAG 2012- -203.5 RTP /SCS policy or regulation adopted for the purpose of reducing the The Hodtgo Mixed Use Project t t ESAI 140730 Statement of Fecls and FlncIngs September 2015 Statement of Facts and Findings emissions of greenhouse gases, Thus, these GHGs related impacts would be less than significant, and no mitigation measures are necessary. Hazards and Hazardous Materials A. Facts The project would not 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. Construction activities would be implemented in compliance with the existing South Coast Air Quality Management District (SCAQMD), CaVOSHA, and the California Health and Safety Code requirements. These requirements were developed to protect human health and the environment from the hazards. Hence, compliance applicable regulations would reduce impacts related to the release of hazardous materials into the environment to a less- than — significant level. In addition, operation of the project would utilize common types of hazardous materials; normal routine use of these products pursuant to existing regulations would not result in a significant hazard to the public or to the environment. Impacts would be less than significant. 2. The project would not 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. As described above, a perchlorate- impacted groundwater plume extends under the project site within a well - defined, relatively narrow area within the western portion of the site. Excavation activities for the project would not extend to the depth of the plume; thus, project activities would not encounter hazardous contamination that could present a potential health or safety risk, and impacts related to the existing groundwater contamination wound be less than significant. In addition, onsite soils have not been identified to contain any contaminants above the California Human Health Screening Levels developed by the Califori- a Environmental Protection Agency. Should contaminants be identified on site during construction, adherence to applicable regulatory DTSC, County of Orange Environmental Health Division, and the Orange County Fire Authority guidelines would ensure that impacts are less than significant. I The project would not create a significant safety hazard related to John Wayne Airport (JWA) operations to the people residing or worldng on the project site. JWA is located approximately 1.8 miles southwest of the project site; however, is not within JWA's Airport Safety Zone, the Ali-port Impact Zone, Runway Protection Zone, Obstruction of Imaginary Surfaces area, or the 65 CNEL Noise Contours. In addition, the proj ect would not result in 1k2zards related to excessive glare, light, steam, smoke, dust, or electronic interference. Thus, the project would not introduce a safety hazard associated with airport operations for people residing, working, and visiting the project site. Project - related impacts associated with JWA operations would be less than significant. 4. The project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Direct access to the project site is provided from East Dyer Road and Red Hill Avenue, which are adjacent to the project site. Construction activities would not restrict access of emergency vehicles to the project site or adjacent areas from the The Heritage Mixed Use protect 12 J� USA 1140730 statement of Fscts and Findings September 2015 statement of Facts and Findings existing project driveways. In addition, the project is required to design and construct internal access in conformance with Orange County Fire Authority standards and the California Fire Code regulations. As such, the project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, and impacts would be less than significant. The project would not result in cumulatively considerable impacts related to hazards and hazardous materials. Each past, present, and foreseeable future project must comply with all existing hazardous material regulations, which are in place to reduce the potential effects of accidental releases of hazardous materials. In addition, the project in combination with the cumulative development in the vicinity of JWA would not result in cumulatively considerable impact related to the safety of people residing or working in the proj cot area. The project would not introduce a safety hazard associated with airport operations, and would not contribute to cumulative impacts related to JWA hazards. Cumulative impacts would be less than significant, B. Findings The City finds that: The Heritage Mixed Use project would not result in a significant impact involving the release of hazardous materials into the environment. The project is also not located on a site that would create a significant hazard to the public or the environment. The project would not create a significant safety hazard related to JWA operations. The project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan; and the project would not result in cumulatively considerable impacts related to hazards and hazardous materials. Thus, these hazards and hazardous materials related irnpacts would be less than significant, and no mitigation measures are necessary. Hydrology and Water Quality A. Facts 1. The project would not violate any water quality standards or waste discharge requirements during construction activities. Construction of the project would adhere to the Construction General Permit, which requires the development and implementation of a SWPPP by a. QSD to address site - specific conditions related to construction, and describe erosion and sediment control best management practices 03MPs) to reduce or eliminate sediment, pollutants adhering to sediment, and other non - sediment pollutants in storm water, as well as non -storm water discharges during construction. Adherence to the Construction General Permit would ensure that potential water quality degradation associated with construction activities would be minimized, and impacts would be less than significant. 2, Operation of the project would not violate any water quality standards or waste discharge requirements because the project would be required to comply with the Santa Ana RWQCB MS4 Permit that involves implementation of s, project- specific WQMP based on the County's model The Heritage Mixed Use Protect '13 ESA/ 140730 Slatement of Farts end Findings September 2016 Statement of Facts and WQMP that would detail the appropriate non - structural, structural, and source control and treatment control BMPs implemented onsite and designed to protect surface water quality. Implementation of BMPs per the WQMP would reduce potential impacts to surface and ground water quality du ing project operation to a less than significant level. 3. The project would not substantially deplete groundwater supplies or interfexe substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Groundwater use and infiltration in the project area and vicinity is prohibited due to the existence of a subsurface plume identified by OCWD and above a natural pollutant source area (e.g., selenium). As such, the proj cot would not use groundwater resources or infiltrate water into the existing groundwater basin. In addition, constriction water uses, such as those associated with dust control and sanitation, are anticipated to be minimal; and the Water Supply Assessment (WS A) prepared for the project concluded that the project would result in a less than significant impact on water supplies. As such, the project would not substantially deplete groundwater supplies, and impacts would be less than significant. 4. The project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the coarse of a stream or river, in a manner which would result in substantial erosion or siltation on- or off site. The project would be required to be implemented in compliance with the Construction General Permit and a SWPPP prepared by a QSD and implemented by a Qualified SWPPP Practitioner (QSP), which would ensure that construction- related impacts from erosion and siltation from the project would be less than significant. After completion of construction, the runoff conditions (flow rates and durations) would be less than pre - development runoff conditions. Thus, the project would not result in erosion or siltation onsite or offsite. Impacts would be less than significant. 5. The project would not 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 mamier which would result in flooding onsite or offsite. There are no streams or rivers in the vicinity of the project site; thus, alteration of the course of a stream or river would not occur. In addition, the SWPPP would ensure that construction - related impacts related to increases to surface runoff would be less than significant. After completion of construction, the runoff conditions (flow rates and durations) would be toss than pre - development runoff conditions. Thus, the project would not result in runoff that could substantially alter the existing drainage pattern of the site or area. Impacts would be less than significant. The project would not 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. The SWPPP would ensure that construction - related impacts related to sources of polluted runoff would be less than significant. Auer completion of construction, the runoff conditions (flow rates and durations) would be less than pre - development runoff conditions due to the increase in pervious surfaces that would be generated from the project. In addition, runoff would be filtered through structural BMPs, which would slow drainage and remove pollutants, prior to discharge from the project site. Thus, the project would not result in runoff that would exceed the capacity of existing The Iderkage Mixad Use Preect 14 ESA / 140734 Statement rf Facts and Findings September 2015 Statement of or planned storuawater drainage systems or provide substantial additional sources of polluted runoff. Impacts would be less than significant. The project would not substantially degrade water quality. The proj act would be required to comply with the Construction General Pernnit and implement a QSD prepared and QSP implemented SWPPP that identifies which BMPs would be implemented during construction in order to protect water quality. In addition, structural and non - structural BMPS would be implemented as part of the project, which would both reduce runoff and remove pollutants from drainage prior to discharge from the project site. As a result, impacts related to the degradation of water quality would be less than significant, 8. The project and all reasonably foreseeable future projects in the subwatershed would be required to implement measures that are similar as the project to implement compliance with the MS4 Permit and Model WQMP requirements, These requirements were developed to reduce the cumulative impacts to water quality, and to ensure that the incremental effects of individual projects do not cause a substantial cumulative impact related to water quality, erosion, flooding, and drainage. The project would result in increased pervious surfaces and would filter drainage prior to discharge. This would have a positive impact on water quality and hydrology compared to existing conditions. Thus, the project would not result in impacts that could combine to be adversely cumulatively considerable, and cumulative hnpacts are less than significant. B. Findings The City finds that; The Heritage Mixed Use project would not result in a significant impact involving violation of water quality standards or waste discharge requirements, The proj cot would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge, nor substantially alter the existing drainage pattern of the site or area. Additionally, the proj cot would not 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 that would degrade water quality. Furthermore, the project would not result in impacts that could combine to be adversely cumulatively considerable. Thus, these hydrology and water quality related impacts would be less than significant, and no mitigation measures are necessary. Land Use and Planning A. Facts 1. The project would not conflict with any City of Santa Ana General Plan policies, Zoning Ordinance regulations, SCAG 2012r -2035 RTP /SCS goals, and the SLAG Compass Blueprint principles that were adopted for the purpose of avoiding or mitigating an environmental effect. 2. The project would not result in cumulatively considerable impacts related to regulations related to mitigating an environmental effect, In addition, the related projects generally provide mixed uses, which are similar and consistent to those provided by the project. Asa result, adverse interactive The Heritage Mixed Use Project 15 ESA/ 140730 Statement of Facts and Findings September 2015 Statement of Facts and Findings effects from cumulative land uses would not occur. Cumulative impacts related to land use and planning would be less than significant. B. Findings The City finds that: The Heritage Mixed Use project would not result in a significant impact involving conflict with any applicable policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Thus, these land use and planning related impacts would be less than significant, and no mitigation measures are necessary. Noise A. Facts 1. The project would not result in exposure of persons to, or generation of, noise levels in excess of standards established in the City's General Plan or noise ordinance. Construction related noise levels would fluctuate depending on the particular type, number, and duration of uses of various pieces of construction equipment. Project constriction would require the use of heavy construction equipment and small power tools, generators, slid other sources of noise, Noise levels at sensitive receptors during construction would vary based on the amount of equipment in operation and the location of the activity. The City's Municipal Code exempts construction noise from the City's established noise standards as long as they do not take place between the hours of 8:00 pen and 7:00 am on weekdays, including Saturday, or any time on Sunday or a federal holiday. As the project's construction activities would only occur during the allowable constntction hours, the project would be in compliance with the City's applicable standards and impacts would be less than significant. 2. The project includes development and use of exterior parking facilities, which would generate noise from engines accelerating, doors slamming, car alarms, and people talking. Noise from tine parking facilities would fluctuate throughout the day, with the highest in the peak morning and evening hours when the largest volume of people would enter and exit the parking facilities. The parking noise is typical of residential uses and would not exceed the City's noise standards, and noise impacts would be less than significant. 3. The project would provide open space and recreational facilities onsite. The operational noise levels associated with the project's outdoor gathering areas would not cause a substantial increase in the existing exterior noise levels and would not exceed the City's noise standards. Therefore, the operational noise generated by the proj ect at outdoor gathering areas would be less than significant. d. To ensure the City's standards related to noise volumes at residential, park, and open space areas, are met, the proj act would shield residential open space and recreation uses from the traffic noise generated on Dyer Road and Red Hill Avenue by the location and design of the mixed -use The Heritage Mixed Use Project 16 ESA 1140730 Sletement of Facts and Findings September 2015 buildings and parking structures. The project design would provide that noise levels at common areas would not exceed the City's 65 dBA CNEL noise standard, and impacts would be less than significant. The project site is adj acent to a rail line that is used by switchers. This distance between the rail line and the sensitive onsite uses is 57 feet and would result in noise at the onsite sensitive uses that is less than the City's 65 dBA noise standard. Additionally, the existing noise level in the project area exceeds the noise generated by the switcher train movements, and impacts would be less than significant. 6. Construction of the project would not result in exposure of persons to, or generation of, excessive ground -borne vibration or ground- borrnc noise levels. Construction activities would generate PPV groundborne vibration levels that are less than the threshold for building damage; and impacts would be less than significant. Additionally, based on Caltrans criteria for human annoyance the vibration levels experienced at adjacent uses would be distinctly perceptible. However, the project's construction activities would be temporary and only occur in accordance with the City's municipal code. Thus, vibration impacts associated with human annoyance would be less than significant. 7. Operation of the proj cot would not result in exposure of persons to, or generation of, excessive ground -borne vibration or ground -borne noise levels. The proposed types of land uses (i.e., residential, commercial, office, open space /par ks) would not involve activities or operation of stationary or mobile equipment that would result in high vibration levels. In addition, the existing BNSP rail line located 57 feet to the west of the site. However, the vibration levels resulting from use of the rail line are less than the vibration criteria for building damage and human annoyance. Therefore, operational impacts related to vibration would be less than significant. 8. The project would not result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. The vehicular noise generated from the project would result in a minimal increase local noise levels that would not be perceptible and would not exceed the threshold of significance. Therefore, impacts would be less than significant. The project would not result in exposure of people residing or working in the area to excessive noise levels from operation of J WA, which is located approximately 1.8 miles southwest of the proj cot site. The western portion of the proj cot site is located within the airport's 60 dBA CNEL noise contour while the remainder of the site is located outside the 60 dBA CNEL noise contour. The City's residential noise standards state that residential uses have an exterior noise standard of 65 dBA CNEL; thus, because the entire proj cot site is located outside of the 65 dB CNEL noise contour, the proj cot would not expose people to excessive noise from JWA 10. The project would not result in cumulatively considerable impacts related to construction noise and vibration. Construction noise and vibration is localized in nature and decreases substantially with distance, Due to this distance and intervening structures located between the project site and nearby foreseeable projects, a substantial increase in combined construction noise and vibration levels would not occur should construction of this related proj cot occur at the same time as the Th. I her logo Wed Use Project 17 E3AI 140730 statement of Fects and Pindtngs September 2015 Statement of f=acts and project. Therefore, cumulative noise and vibration impacts associated with construction activities would be less than significant. 1.1. Cumulative traffic- generated noise from the proj act would be minimal and would not exceed the significant thresholds; therefore, cumulative impacts from traffic noise would be less than significant, B. Findings The City finds that: The Heritage Mixed Use project would not result in exposure of persons to, or generation of noise levels in excess of standards established in the City's General Plan or noise ordinance. Vibration impacts from construction and operation of the proj cot would not exceed criteria for building damage or human annoyance, and impacts would be less than significant. The project would also not result in a substantial permanent increase in ambient noise levels. In addition, the project would not result in exposure of people residing or working in the area to excessive noise levels from operation of JWA. Furthermore, cumulative noise impacts related to construction and operation of the project would be less than significant and no mitigation measures are necessary. Population and Dousing A. Pacts 1, The project would not induce substantial population growth in an area, either directly or indirectly. Construction of the project would not generate a need for construction workers to relocate to work on the project and result in a population increase. As a result, temporary impacts related to construction employment would be less than significant. The increase in population and housing units generated by the project would be well within the projected growth in the combined three City area and the County. In addition, the project is consistent with nearby land use trends that have redeveloped nonresidential uses to high - density, urban -style residential/mixed-use development sites. The project is in response to, and similar to, land use trends in the project vicinity and would not induce substantial population growth in the area. Impacts would be, less than significant. 2, The existing jobs- housing ratio in Santa Ana, Tustin., and Irvine area show that there are more jobs than housing units. The project would provide housing units that result in a slight reduction of the jobs - housing ratio. This would be a beneficial impact of providing housing units on the project site, where employees can easily travel to employment opportunities within Santa Ana, Tustin and Irvine. 3. Water and wastewater services would be provided by connections to the existing infrastructure within Dyer Road and Red Hill Avenue. Infrastructure would not be extended to serve areas beyond the project site, and the project would not result in the provision new service or an increase in the capacity of service to areas beyond the project site, The project would not result in indirect inducement of population growth that would have the potential to create a significant physical The Heriage Mixed W. Project 18 ESA/ 7907n Statement of Facts snd Findings 8oplember 2016 Statement of Facts and Findings change to the environment. As a result, impacts related to population growth are less than significant. 4. The cumulative growth within the Santa Ana, Tustin, and Irvine area would not combine to result in a cumulatively considerable adverse impact. Conversely, the cumulative addition of residential units within the project vicinity would result in a cumulative benefit to the j obs- housing balance for this region of Orange County, and could reduce physical impacts related to the jobs - housing balance, such as regional traffic, air quality emissions, and greenhouse gasses; as a result impacts are less than significant. Additionally, infrastructure upgrades and extensions that may be included in related projects would not affect or be related to the project. Therefore, the project and other projects in the area, when considered cumulatively, would not directly or indirectly induce substantial growth. Impacts are less than cumulatively considerable, and less than significant. B. Findings The City finds that: The Heritage Mixed Use proj cot would not result in a in a significant impact involving population growth in an area, either directly or indirectly. The project would provide housing units that result in a slight reduction of the jobs - housing ratio, which would be a beneficial impact of the project. In addition, cumulative addition of residential units within the project vicinity would result in a cumulative benefit to the jobs- housing balance for this region of Orange County, and could reduce physical impacts related to the jobs - housing balance. Thus, these population and housing related impacts would be less than significant, and no mitigation measures are necessary. Public Services A. Facts 1, The project would not result in substantial adverse physical impacts associated with the provision of, or the need for, new or physically altered governmental facilities, the constriction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response tunes, or other performance objectives for: Fire protection: There are four existing Orange County Fire Authority (OCFA) stations within three miles of the project site, and the existing response time to emergency calls to the project site is less than five minutes. The existing fire protection facilities and staffing would be sufficient to provide fire protection and emergency medical services to the project, and project development would not require the OCFA to construct new or expanded facilities. Thus, impacts would be less than significant, • Police protection: The Santa Ana Police Department would experience an incremental increase in demands on law enforcement services from the project, but the increase would not be significant when compared to the ciurent demand levels. Law enforcement personnel would be able to respond in a timely manner to emergency calls hr the project area; the project is not anticipated to result in an increase to response times to service calls; and the The Herltage Mixed Use Project 19 ESA MOM $tatemenl of Facts and Findings September 2016 project would not result in the need fox, new or physically altered police protection facilities. Thus, impacts are less than significant. • Schools: The project would develop residential units, which would house school children. The need for additional school facilities is addressed through compliance with school impact fee assessment. Pursuant to Government Code Section 65995 applicants shall pay developer fees, which provides full and complete mitigation of school impacts. As a result impacts related to school facilities would be less than significant. • Libraries: Due to the increase in residential population that would result from the project, the Santa Ana library would need approximately 3,665 book volumes and 488.6 square feet of library space. This limited increase would not require the City to construct new or expanded library facilities. Thus, impacts would be less than significant. 2. The project would not result in cumulatively considerable impacts related to public services. Consistent with the requirements of the project, the related projects would be reviewed by OCFA staff prior to permit approval and would be required to implement fire protection design features per OCFA regulations that would reduce potential fire hazards to a less than significant level. In regards to police protection services, the project would not combine with other related projects to result in a need to expand or provide new police facilities, which could result in a significant environmental effect. Therefore, cumulative impacts associated with police services would be less than significant. In regards to school services, payment of development impact fees to school districts constitutes full mitigation for the impacts generated by new development, per the Government Code Section, which would reduce potential impacts related to the projects cumulative school service impacts to a less than significant level. Furthermore, development of the project in combination with other residential developments would increase the demand for library services. However, based on the limited increased need to book volumes and library square footage, the project is not anticipated to combine with other projects in the City to result in the need to physically expand facilities. Thus, no significant cumulative impacts on library services are anticipated. B. Findings The City finds that: The Heritage Mixed Use project would not result in a in a significant impact involving the need for new or physically altered fire, police, school, or library facilities; the constriction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives. Thus, public service related impacts would be less than significant, and no mitigation measures are necessary. Parks and Recreation A. Facts 1. The project would not result in substantial adverse physical impacts associated with the provision of, or the need for, new or physically altered park facilities. The project would provide The Heritage Mixed Use project 20 ESA 1140730 Sletement of Faola and Flndings September 2015 approximately 173,907 square feet of public open space and recreation, and approximately 138,849 square feet of private open space for residents use, which when combined with the public open space would provide 315,756 square feet (7.25 acres) of open space and recreation amenities that would meet the City's requirements related to park and recreation standards and is anticipated to meet the needs of the project's onsite population. The project would meet the City's requirements related to park and recreation standards, which would offset increased usage of other park and recreation facilities in the region. Therefore, the project would not result in a substantial need for new or physically altered park facilities, and impacts would be less than significant. 2. The project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated. The facilities that would be provided as part of the project exceed the requirements of the City's Municipal Code and would serve both the public and onsite residents. 'This would offset increased usage of other park and recreation facilities in the region, such that a limited increased usage at other park and recreation facilities in the region is antioipated to occur. Thus, impacts would be less than significant. 3. The project would meet the City's requirements related to park and recreation standards, which would help to offset increased usage of other park and recreation facilities in the region, and the project would not contribute to a cumulatively considerable effect. Thus, impacts cumulative impacts related to parks and recreation would be less than significant. B. Findings The City finds that: The Heritage Mixed Use project would not result in a in a significant impact involving the need for new or physically altered park facilities or physical deterioration of existing neighborhood and regional parks and recreation facilities. The proj eat would exceed the City's requirements related to park and recreation standards, which would offset increased usage of other park and recreation facilities in the region, and the project would not contribute to a cumulatively considerable effect. Thus, park and recreationrelated impacts would be less than significant, and no mitigation measures are necessary. Transportation and Traffic A. Facts The project would not result in conflict with an applicable Congestion Management Program (CMP), including, but not limited to, level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways. Implementation of the project would not result in a significant impact at CMP intersections. The CMP intersections would operate at an acceptable LOS in through year 2035 cumulative plus proj act conditions, Therefore, the project would result in less than significant impacts related to conflict with an applicable CMR The Heritage Wxed Use Project 21 ESA 1140730 Statement of Facle and rindingn September 2015 Statement of Facts and Findings 2. The project would not result in in increase in hazards due to a design feature, Vehicular access to the project site would be provided by two right -turn in / right -turn out only driveways on Dyer Road and via one right -turn in / right - turn out only driveway on Red Hill Avenue. All three project driveways would not exceed the safety criteria and thresholds of significance, and motorists entering and exiting the project site would be able to do so comfortably, safely, and without undue congestion. In addition, the project's on -site circulation layout provides adequate vehicle and truck accessibility throughout the project site. Impacts related to hazards related to design features would be less than significant. B. Findings The City finds that: The Heritage Mixed Use project would not result in a in a significant impact involving the CMP or hazards related to design features. The CMP intersections world operate at an acceptable LOS in through year 2035 cnunulative plus project conditions; and the project design does not result in hazardous conditions. Therefore, the project would result in less than significant impacts related to conflict with an applicable CMP and hazards related to a design feature and no mitigation measures are necessary. Utilities and Service Systems A. Facts 1. The project would not result in conflict with wastewater treatment requirements of the applicable RWQCB. The residential and commercial land uses proposed by the project would not discharge wastewater that contains harmful levels of toxins that are regulated by the RWQCB (such as large quantities of pesticides, herbicides, oil, grease, and other chemicals that are more typical in industrial uses) and all effluent would comply with the wastewater treatment standards of the RWQCB. Therefore, the project would result in less than significant impacts related to the wastewater treatment requirements of the RWQCB. 1 The proj ect includes construction of the onsite public water main and distribution lines to support the new development; however, no extensions or expansions to the water pipelines supplying the project site would be required. Therefore, the project would not result in the construction of new water facilities or expansion of existing facilities, other than those included as part of the project, that could result in significant environmental effects. 3. The project would install new onsite sewer pipelines that would collect and convey wastewater to the existing sewer main in Dyer Road. In addition, the project would replace the existing 10 -inch sewer with a 12 -inch sewer within 1,000 feet of the Dyer Road right -of -way, however, no extensions or expansions to the wastewater infrastructure would result or be required. Therefore, the project would not result in the construction of new wastewater facilities or expansion of existing facilities, other than those included as part of the project, which could result in significant environmental effects. 4. The project would not require or result in the construction of new storm water drainage facilities, or expansion of existing facilities, the constructions of which could cause significant environmental effects. The herlfega Mixed Use Protect 22 ESA! 140730 Statement of Feats and Flndings September 2015 Statement of Facts and Findings Operation of the project would result in runoff conditions (flow rates and durations) that would be less than pre - development nmoff conditions due to the increase in pervious surfaces. In addition, runoff would be filtered through structural BMPs, which would slow drainage, prior to discharge from the project site. Thus, the prof cot would not result in rLmoff that would exceed the capacity of the stormwater drainage systems. Impacts would be less than significant. 5. The project would have sufficient water supplies available to serve the project from existing entitlements and resources. The Water Supply Assessment (WSA) prepared for the project concluded that the proj cot would result in a less than significant impact on water supplies. As such, the project would have sufficient water supplies, and impacts would be less than significant. 6. The wastewater treatment provider that would serve the project has adequate capacity to serve the proj ect's projected demand in addition to the provider's existing commitments. OCSD has stated that the existing 39 -inch trunk sewer in Red Hill Avenue that serves the proj cot site has sufficient capacity for the project effluent, and no upgrades downstream of the project site would be required. In addition, the project would be accommodated within the existing capacity of the treatment plant. Therefore, the project would not result in capacity impacts to OCSD, and impacts related to the provision of wastewater treatment in addition to OCSD's existing commitments would be less than significant, 7. The project would be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs. The solid waste needs of the project would be met with permitted disposal facilities that are provided by Orange County Waste and Recycling (OCWR). Thus, impacts related to solid waste facility capacity would be less than significant. 8. In regards to the cumulative utility and service impacts that would occur from the proj cat in combination with other existing, proposed, and foreseeable projects, the WSA determined that the City would have sufficient water supply to serve the project and the anticipated growth in the City's service area through the year 2035. As a result, the prof ect would not result in a cumulatively considerable impact related to water supplies or services. Shnilarly, the cumulative increase in the need for wastewater service would be less than cumulatively considerable in relation to the existing remaining capacity of 50 million gallons per day at treatment plant that would serve the project site. In regards to drainage, the project would result in increased pervious surfaces and would filter drainage prior to discharge that would reduce offsite flows to drainage facilities; thus, the project world not cumulatively contribute to stormwater drainage needs. In addition, OCWR prepares long -range strategic planning to ensure that solid waste is safely disposed of and that future disposal needs are met. Thus, impacts related to landfills would not be cumulative considerable, and cumulative impacts related to landfills would be less than significant. B. Findings The City finds that: The Heritage Mixed Use project would not result in a significant impaol: to the environment involving conflict with wastewater treatment requirements of the RWQCB, water supplies, stormwater drainage The Heritage Mixed Use Project 23 ESA/ 140730 Statement of Faots and Findings September 2016 Statement of infrastructure, water and wastewater, and landfill facility and service capacity. Utility and service system related impacts would be less than significant, and no mitigation measures are necessary. 6.0 Effects Determined to be Mitigated to Less than Significant in the EIR The City of Santa Ana, having reviewed and considered the information contained in the Final EIR, the Technical Appendices, and the administrative record, finds, pursuant to California Public Resources Code 21081 (a)(1) and CEQA Guidelines 15091 (a)(1) that changes or alterations have been required in, or incorporated into, the project, which would avoid or substantially lessen to below a level of significance the following potentially significant environmental cffects identified in the Final EIR in the following categories: • Air Quality (short -term [construction] air emissions) • Cultural Resources (archaeological and paleontological resources, cumulative) • Geology and Soils (seismic ground shaking, liquefaction, ground settlement, corrosive soils, expansive soils) • Greenhouse Gases (operations) • Land Use and Plarr ing (airport consistency) • Noise (project machinery noise and short -term construction noise) The potentially significant adverse environmental impacts that can be mitigated are described below. The City of Santa Ana finds that these potentially significant adverse impacts can be mitigated to a level that is less than significant after implementation of mitigation measures. I O . H A. Facts The project has the potential to violate any air quality standard or contribute substantially to an existing or projected air quality violation during construction activities. Construction related emissions would have the potential to result in substantial contributions concentrations of ROG and NOx. NOx would be generated from the onsite equipment exhaust, and ROGs would be generated from the application of architectural coatings. Implementation of Mitigation Measures AQ -1 through AQ -6 would reduce the emissions through regulating equipment exhaust, extending the timing of the architectural coating phases, and reducing the ROG content of the architectural coatings used for non - residential buildings to those required for residential buildings. The total mitigated ROG and NOx emissions that would result from the implementation of mitigation would be reduced to less than significant levels. Therefore, emissions from construction activities would be less than significant with implementation of the mitigation measures listed below. The Harltage MIMed flee Projort 24 ESA / 140730 Statement of Facts and Findings September 2016 B. Findings The City finds that: The mitigation measures listed below have been required for, and incorporated into the project, to ensure that the project's potential construction related air quality impacts remain less than significant. Mitigation Measures Mitigation Measure AQ -1: Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, the construction contractor shall implement a minimum of one of the following: 1. All off-road equipment with a horsepower greater than SO shall be required to have USEPA certified Tier 4 interim engines or engines that are certified to meet or exceed the NOx emission ratings for USEPA Tier 4 engines. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 4 diesel emissions control strategy for a similarly sized engine, as defined by CARB regulations. 2. Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the construction plans and specifications stipulate that Building and Construction Phases shall not overlap with Grading Phases. These activities shall be verified by the Building Safety Division thuing constriction. Mitigation Measure AQ -2: Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, in compliance with SCAQMD Rule 403, 03 precursor emissions from construction equipment vehicles shall be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer's specifications, to the satisfaction of the City Engineer. Maintenance records shall be provided to the City by the construction contractor on a monthly basis. Construction contractors shall also ensure that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with California Air Resources Board's Rule 2449. The City Inspector shall be responsible for ensuring that contractors comply with these measures during construction. Mitigation Measure AQ -3: Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, in compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD's Rules and Regulations. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off -site. Implementation of the following measures would reduce short-tenn fugitive dust impacts on nearby sensitive receptors: • All active portions of the constriction site shall be watered every three hours during daily construction activities and when dust is observed migrating from the proj Oct site to prevent excessive amounts of dust. The Uadlege Mixed Use praJect 25 [SA/ 140730 Statement of Facts end Findings September 2015 Statement of Facts and • Pave or apply water every three hours during daily construction activities or apply non -toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas. More frequent watering shall occur if dust is observed migrating from the site during site disturbance. • Any on -site stockpiles of debris, dirt, or other dusty material shall be enclosed, covered, or watered twice daily, or nontoxic soil binders shall be applied. • All grading and excavation operations shall be suspended when wind speeds exceed 25 miles per hour. • Disturbed areas shall be replaced with ground cover or paved immediately after construction is completed in the affected area. • Track-out devices such as gravel bed track -out aprons (3 inches deep, 25 feet long, 12 feet wide per lane and edged by rock berm or row of stakes) shall be installed to reduce mud /dirt track -out from unpaved truck exit routes. Alternatively a wheel washer shall be used at truck exit routes. • On -site vehicle speed shall be limited to 15 miles per hour. • All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the job site. • Reroute construction trucks away from congested streets or sensitive receptor areas. Mitigation Measure AQ -4: All trucks that are to haul excavated or graded material on -site shall comply with State Vehicle Code Section 23114 (Spilling Loads on Highways), with special attention to Sections 23114(b)(F), (e)(4) as amended, regarding the prevention of such naterial spilling onto public streets and roads. Prior to the issuance of grading permits, the Applicant shall demonstrate to the City Engineer how the project operations subject to that specification during hauling activities shall comply with the provisions set forth in Sections 23114(b)(F)(e)(4). Mitigation Measure AQ -5: Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that. the construction plans and specifications stipulate that the architectural coatings activities required for project construction be extended to a minimum of 100 days. The duration of architectural coatings activities shall be verified by the Building Safety Division during construction. Mitigation Measure AQ -6: Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the construction plans and specifications stipulate that All architectural coatings for non - residential as well as residential buildings shall meet a volatile organic compound (VOC) content of 50 grams per liter (g/L) or less for interior coating and 100 g/L or less for exterior coatings; or a content consistent with Rule 1113 (i.e., super compliant paints), Use of low -VOC paints shall be verified by the Building Safety Division during construction. Cultural Resources A. Facts 1. The project has the potential to cause a substumtial adverse change in the significance of a historical or archaeological resource, as defined in CEQA aildelines Section 15064.5. Excavation for the proj ect'is anticipated to extend to a depth below the level of the previous soil disturbance activities. The Heritage Mixed Use Project 26 ESA / 14073D Stetemant of Facts and Flndinge September 2015 Statement of Facts and Findings In addition, there are a number of prehistoric and historic -period archaeological resources recorded in the project vicinity. Hence, it is possible that subsurface earthwork activities could encounter previously undiscovered archaeological resources. Mitigation Measures CUL -1 and CUL -2 are provided to protect archaeological materials if any are encountered during the course of grading or construction of the project. Implementation of cultural resource Mitigation Measures CUL -1 and CUL -2 would reduce potential impacts to archaeological resources to a less than significant level. 2. The project has the potential to directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. The project site may be underlain by areas of alder Quaternary Alluvium deposits that are known to contain vertebrate fossils, and fossils in older Quaternary Alluvium deposits have been found five miles southwest of the site project site and elsewhere on the Tustin Plain. Thus, the Los Angeles County Natural History Museum considers the project area to have a moderate paleontological sensitivity. Excavations exceeding a depth of ten feet into older Quaternary Alluvium sediments may uncover fossils and result in impacts to paleontological resources. Therefore, Mitigation Measures CUL -2 and CUL -3 have been included to reduce this potential impact to a less than significant level, 3. Due to identified resources in the proj cot vicinity, previously unknown and unrecorded resources could exist within the project site and could be unearthed during excavation activities of both the proposed project and cumulative projects in the area. As a result, Mitigation Measures CUL -I through CUL -3 have been included to ensure that potential resources would not be impacted. With implementation of the mitigation, the project would not result in impacts that could combine with other existing, future, or foreseeable projects. B. Findings The City finds that: The mitigation measures listed below have been required for, and incorporated into the proj act, to ensure that the project's potential construction related air quality impacts remain less than significant. Mitigation Measures Mitigation Measure CUL -1; Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Building Plans and specifications stipulate that the project operator shall retain a qualified archaeologist and paleontologist, defined as an archaeologist meeting the Secretary of the Lnterior's Standards for professional archaeology (US, Department of the Interior, 2015) and defined as a paleontologist meeting the Society of Vertebrate Paleontology standards (SVP, 2015), who shall conduct a Cultural Resources Sensitivity Training for all construction personnel prior to the start of any ground disturbing activities. The training shall include an overview of potential cultural resources that could be encountered during ground disturbing activities to facilitate worker recognition, avoidance, and subsequent immediate notification to the qualified archaeologist for further evaluation and action, The Heritage Mixed Use Project 27 ESA 1140730 statement of rams end Findings September 2015 as appropriate; and penalties for unauthorized artifact collecting or intentional disturbance of archaeological resources. Mitigation Measure CUT, -2: Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shah confirm that the Building Plans and specifications stipulate that in the event archaeological and /or paleontological materials are encountered dining the course of grading or constriction, the project contractor shall cease any ground disturbing activities within 50 feet of the find, The qualified archaeologist and/or paleontologist shall be immediately notified to evaluate the significance of the resources and recommend appropriate treatment measures. Per California Environmental Quality Act Guidelines Section 15126.4(b)(3), project redesign and preservation in place shall be the preferred means to avoid impacts to significant historical resources. Consistent with California Environmental Quality Act Guidelines Section 15126,4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures in consultation with the City, which may include data recovery or other appropriate measures. The City shall consult with appropriate Native American representatives in determining appropriate treatment for unearthed cultural resources if the resources are prehistoric or Native American in nature, Archaeological and/or paleontological materials recovered during any investigation shall be curated at an accredited curational facility, The qualified archaeologist and/or paleontologist (depending on the type of resource identified) shall prepare a report documenting evaluation and/or additional treatment of the resource. A copy of the report shall be provided to the City and to the South Central Coastal Information Center and /or Natural History Museum of Los Angeles County depending on the type of resource identified. Mitigation Measure CUL -3: If excavations in excess of ten feet below ground surface are required, written evidence shall be provided to the City's Planning and Building Agency prior to receipt of any grading /excavation permits that a qualified paleontologist pursuant to the standards of the Society of Vertebrate Paleontology (S VP) has been retained to review all geotechnical investigations and City approved construction design plans for the proposed proj ect, Based on geotechnical findings and the constriction design plans, the qualified paleontologist shall determine an appropriate monitoring plan for excavation of areas in excess of ten feet below ground surface. The monitoring plan shall include procedures for paleontological resources surveillance, and procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the fossils as appropriate. If evidence of subsurface paleontological resources is found during excavation, all construction activity in the area shall cease and the construction contractor shall immediately contact the qualified monitoring paleontologist and the City of Santa Ana Executive Director of the Plamrnig and Building Agency. The qualified paleontologist shall evaluate the find; and if warranted, shall prepare and complete a standard Paleontological Resources Mitigation Program for the salvage and curation of identified resources. The Heritage Mixed Use Nofacl 28 ESA 1140730 5tatament of Facts and Findings September 2015 Statement of Facts and Findings Geology and Soils A. Facts The project has the potential to result in exposure people or structure to potential substantial adverse effects, including the risk of loss, injury or death involving strong seismic ground shaking because the prej ect would add residents, employees, and development to the project site. Southern California is a seismically active region, with numerous faults capable of producing significant ground motions. As a result, development, including the project, is required to adhere to the provisions of the CBC, which are reviewed by the City for appropriate inclusion, as part of the building plan check and development review process. Compliance with the requirements of the CBC for structural safety reduces hazards from strong seismic ground shaking. In addition, Mitigation Measure GEO -1 is provided to reduce potential seismic impacts by requiring preparation of a design level geotechnical report to provide specific construction and design requirements and requiring that all grading and foundation construction activities be monitored by the geotechnical engineer of record. Implementation of Mitigation Measure GEO -1 would reduce potential impacts related to seismic ground shaking to a less than significant level. The project has the potential to result in exposure people or structure to potential substantial adverse effects, including the risk of loss, injury or death involving seismic - related ground failure, including liquefaction. Potentially liquefiable soils have been identified at depths of 8 to 12 feet which have a total dynamic liquefaction induced settlement of 1.1 inches, which is considered to be within the structural tolerances of typical buildings. In addition, the alluvium soils onsite are compressible and would settle due to the anticipated loads of the proposed structures. Mitigation Measure GEO -1 requires a design level geoteclmical report to provide specific construction and design requirements related to the potential of seismic - related ground failure. Implementation of Mitigation Measure GEO -1 would reduce potential impacts related to seismic ground shaking to a less than significant level. The onsite soils possess severe concentrations of soluble sulfates as defined by the American Concrete Institute Publication 318 -05 Building Code Requirements for Structural Concrete and Commentary. Therefore, the Geotechnical Feasibility Study recommends specialized sulfate resistant concrete mix designs that would be requires as part of Mitigation Measure GEO -1, which would reduce potential impacts related to corrosivity of soils to a less than significant level. 4. The near - surface soils on the project site possess a low to medium expansion potential. As a result, Mitigation Measure GEO -1 requires site - specific design level subsurface exploration, laboratory testing, and engineering analysis to provide specific design and construction requirements pursuant to the CBC, which would reduce the potential related to the potential expansion of onsite soils to a less than significant level. The Harhage Wad Use ProJect 29 CSA / 140730 Sfalomenl of Facts and Findings Soplember 20 '15 B. Findings The City finds that: The mitigation measure listed below has been required for, and incorporated into the project, to ensure that the project's potential impacts related to geology and soils remain less than significant. Mitigation Measure Mitigation Measure GEO -1: Prior to the issuance of grading permits, the applicant shall submit a design level geotechnical report prepared by a qualified geotechnical engineer to the City of Santa Ana Planning and Building Agency and Public Works Division for review and approval. The recommendations provided in the Geotechnical Feasibility Study (Appendix C of the Draft EIR), would be incorporated into the design level geotechnical report as requirements. The design level geotechnical report shall be prepared by a qualified geotechnical engineer. The document shall include the subsurface exploration, laboratory testing and engineering analysis necessary to provide specific foundation, floor slab, and grading recommendations fully compliant with the California Building Code and City of Santa Ana Municipal Code. All grading and construction onsite shall adhere to the specifications, procedures, and site conditions contained in the final design plans, which shall be fully compliant with the California Building Code. Additionally, the grading and foundation construction activities shall be monitored by the qualified geotechnical engineer of record. Construction of the final structural design shall be monitored through follow -up inspection by the City of Santa Ana Plannning and Building Agency. Greenhouse Gas Emissions A. Facts 1. Operation of the project has the potential to result in greenhouse gas emissions that may have a significant impact on the environment. The new residential and non - residential uses at the project site would generate mobile source emissions vehicle trips generated by residents, employees, and patrons. In addition, greenhouse gas emissions result from electricity and natural gas consumption, water transport (the energy used to pump water to and from the project site), and solid waste disposal. Implementation of Mitigation Measures AQ -7 through AQ -13 would reduce the project's operational GHG emissions by increasing the energy efficiency of the proposed buildings to five percent beyond that required by 2013 Title 24 standards, equipping three percent of parking spaces with charging stations, not including fireplaces within residential units, requiring the use of low VOC products, provision of outlets for landscaping equipment and requiring 10 percent of landscaping be completed with electric equipment, and provision of information regarding nearby transit services. The net increase in GHG emissions resulting from operation of the project would be less than significant with implementation of Mitigation Measures AQ -7 through AQ -13. 2, The project has the potential to conflict with the City's adopted emission reduction target for 2020 that is 15 percent below 2008 levels, which is consistent with the AB 32 reduction goals. Implementation of Mitigation Measures AQ -7 through AQ -13 would reduce greenhouse gas The harltaye Mixed Use Project 30 ESA / 140730 Slaternent of Facts and FIndings September 2015 and emissions from the project and would meet the SCAQMD's emission thresholds, and be consistent with both AB 32 and the City's adopted reduction target. B. Findings The City fords that: The mitigation measures listed below have been required for, and incorporated into the project, to ensure that the project's potential impacts related to greenhouse gas emissions remain less than significant. Mitigation Measures Mitigation Measure AQ -7: Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Building Plans and specifications stipulate that all onsite buildings shall increase energy efficiencies to five percent (5 %) beyond that required by 2013 Title 24 standards. This may be achieved through, but is not limited to, building shell design and building components such as windows, roof systems, wateThrrigation, and electrical systems. Mitigation Measure AQ -8: Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Building Plans and specifications stipulate that three percent (3 %) (or the amount required by the CalGreen Code, whichever is greater) of all off- street parking spaces shall be equipped with charging stations to encourage the use of electric vehicles. The charging stations shall be installed within each residential parking structure, and may also be provided in the commercial and office parking facilities. The location of the electrical outlets shall be specified on building plans and proper installation shall be verified by the Building Safety Division prior to issuance of a Certificate of Occupancy. Mitigation Measure AQ -9: Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Building Plans and specifications stipulate that no fireplaces shall be included in the residential units. Mitigation Measure AQ-10: The City of Santa. Ana Planning and Building Agency shall require by contract specifications that maintenance of the proposed project facilities and lease agreements for all non - residential units require the use of low VOC cleaning supplies in all buildings,, and use of low VOC architectural coatings applied as part of building maintenance and upkeep. The architectural coatings shall be 50 grams per liter or less for interior anti 100 g11 or less for exterior coatings, or a content consistent with Rule 1113. Mitigation Measure AQ -11: Prior to issuance of any Grading Permit, the Building and Safety Division shall confirm that the Building Plans and specifications stipulate that project buildings and parking structures shall be equipped with exterior electrical outlets such that a minimum of 10 percent of landscape equipment used onsite can be electrically operated. The location of the electrical outlets shall be, specified on building plans and proper installation shall be verified by the Building Safety Division prior to issuance of a Certificate of Occupancy, The Heritage Mixed Use Projecf 31 ESA 1140730 Stalernenl of Facts and Flnd'mga Sontombor 2015 Statement of Facts and Flndings Mitigation Measure AQ -12: The City of Santa Ana Planning and Building Agency shall require by contract specifications that landscape contracts for the project site shall include a mandatory minimum of 10 percent of all landscape equipment used onsite be electrically operated. Mitigation Measure AQ -13: The City of Santa Ana Planning and Building Agency shall require by contract specifications that the lease agreements for all multi - family residential and non - residential units: Require provision of information about OCTA and Metrolink transit services in the vicinity of the project site to all residents and employees. Require that transit routes be posted in common areas of multi - family residential buildings and employee /patron areas for non - residential buildings. Land Use and Planning A. Facts The project is subject to the Airport Environs Land Use Plan (AELUP) for .TWA, which includes policies that were adopted for the purpose of avoiding or mitigating an environmental effect. The project would be consistent with airport land use plan policies with implementation of Mitigation Measures LU -1 and LU -2, which requires resident notification and outdoor signage in open space and recreation areas describing the potential annoyances from airport operations. With implementation of Mitigation Measures LU -1 and LU -2, which are AELUP policies, the project would not conflict with the 7WA AELUP. B. Findings The City finds that: The mitigation measures listed below has been required for, and incorporated into the project, to ensure that the project's potential impacts related to land use and planning remain less than significant. Mitigation Measures Mitigation Measure LU -1: The Development Agreement that is required for implementation of the proposed project shall include a clause requiring that all prospective residents of the proj ect site shall be notified of airport related noise, Notification shall be included in lease /rental agreements and shall state the following: "Notice of Airport in Vicinity. This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the amnoyances or inconveniences associated with proximity to airport operations related to noise. Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property and determine whether they are acceptable to you," The Heritage Mixed Use Prnject 32 ESN 1140730 Statement of Fects and Findings September 2015 Statement of Facts and Findings Mitigation Measure LU -2: The Development Agreement that is required for implementation of the proposed project shall require outdoor signage consistent with AELUP Policy 3.2.4 to be posted within outdoor common or recreational areas on the proj ect site. The signage shall state the following: "Notice of Airport in Vicinity. This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the outdoor areas on the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations related to noise." Noise A. Facts Operation of the project has the potential to expose persons to noise levels in excess of standards established in the City's General Plan or noise ordinance. The project would install new stationary mechanical equipment such as HVAC units and exhaust fans for the new buildings, and the emergency generator for the onsite data center would be relocated and would be equipped with a sound enclosure specifically designed to muffle the noise of the generator, which would reduce noise volumes below the City's standards. To ensure appropriate location and /or noise reduction methods for HVAC equipment, the emergency generator, and any other machinery- related noise, Mitigation Measure NOI -1 would be implemented to adequately shielded or muffle noise from onsite equipment pursuant to City standards. Mitigation Measure NOI -1 would ensure that impacts related to mechanical equipment would be less than significant. 2. Constriction of the project has the potential to result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. The project's estimated construction noise levels could exceed the existing daytime ambient noise levels at this noise - sensitive receptor by as much as 15 dBA. Therefore, Mitigation Measures NOI -2 through NOI- 6 are included, wlvch require the use of noise reduction devices and techniques during project construction, which include the use of noise barriers. The temporary noise impacts during project construction would be reduced to a less - than - significant level with implementation of Mitigation Measures NO'I -2 through N0I -6. B. Findings The City finds that: The mitigation measures listed below have been required for, and incorporated into the project, to ensure that the project's potential impacts related to noise remain less than significant, Mitigation Measures Mitigation Measure NOI -1: The Building and Safety Division shall confirm that the Building Plans and specifications stipulate that all new mechanical equipment that will be installed at the project site, including ventilation and air conditioning units, and the relocated emergency generator, shall be equipped with adequate acoustical shielding or muffling devices to ensure that noise levels will not The Hedlage Mixed use Pr.]W 33 ESA / 140730 Slaternent of Facts and Findings September 2015 Statement of Facts and exceed the City's exterior and interior noise standards for residential properties as established under Sections 18 -312 and 18 -313 of the City's Municipal Code. Proper installation shall be verified by the Building Safety Division prior to issuance of a Certificate of Occupancy. Mitigation Measure NOI -2: Prior to Grading Permit issuance, the Project Applicant shall demonstrate, to the satisfaction of the City of Santa, Ana Planning Division that the project complies with the following: • Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other state required noise attenuation devices, Property owners and occupants located within 500 feet of the project boundary shall be sent a notice, at least 15 days prior to commencement of construction of each phase, regarding the construction schedule of the proposed project. A sign, legible at a distance of 50 feet shall also be posted at the project construction site. All notices and signs shall be reviewed and approved by the City of Santa Ana Planning Division, prior to mailing or posting and shall indicate the dates and duration of construction activities, as well as provide a contact name and a telephone number to inquire about the construction process and register complaints, • Prior to issuance, of any Grading or Building Permit, the Contractor shall provide evidence that a construction staff member will be designated as a Noise Disturbance Coordinator and will be present on -site during construction activities. The Noise Disturbance Coordinator shall be responsible for responding to any local complaints about construction noise. When a complaint is received, the Noise Disturbance Coordinator shall notify the City within 24- hours of the complaint and determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall implement reasonable measures to resolve the complaint, as deemed acceptable by the Public Works Executive Director. All notices and all signs shall include the contact name and the telephone number for the Noise Disturbance Coordinator. Prior to issuance of any Grading or Building Permit, the Proj cot Applicant shall demonstrate to the satisfaction of the City's Building Safety Manager that construction noise reduction methods shall be used where feasible. These reduction methods include shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, electric air compressors and similar power tools. • Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.), to the extent feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers (the Candlewood Suites Hotel). • Construction activities shall not take place outside of the allowable hours specified by the City's Municipal Code Section 18 -3t4, Special Provisions (7:00 a.m. and 8 :00 p.m. on weekdays and Saturdays; construction activities are not permitted on Sundays or legal holidays). The Heritage Mixed Use Project 34 ESA/ 140730 Statement of Facts and Findings Scptember 2018 Statement of Facts and Findings Mitigation Measure NOI-3: Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall cent= that the Grading Plan, Building Plans, and specifications stipulate that, the construction contractor shall install a temporary sound barrier, such as plywood structures or flexible sound control curtains, of at least eight feet in height along the project site's property line, adjacent to the Candlewood Suites Hotel property to reduce construction noise. Barriers that obstruct the direct fine -of -sight between the construction area and the receptor would provide approximately 5 dBA reduction in noise levels. Mitigation Measure NOI -4: Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Grading Plan, Building Plans, and specifications stipulate that construction activities associated with the proposed project shall: 1) be scheduled to avoid operating several pieces of heavy diesel - powered equipment simultaneously, which causes high noise levels; 2) utilize hydraulically or electrically powered impact tools to avoid noise associated with compressed air exhaust from pneumatically powered tools; and 3) if use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used and external jackets on the tools themselves shall be used. Mitigation Measure NOI -5: Prior to issuance of a building permit, the Proj act Applicant shall submit a Construction Management Plan for review and approval by the City of Santa Ana Planning Division, The Construction Management Plan shall, at a minimum, indicate the equipment and vehicle staging areas, stockpiling of materials, fencing (i.e., temporary fencing with opaque material), and construction haul route(s). 7.0 Environmental Effects that Remain Significant and Unavoidable after Mitigation The City of Santa Ana, having reviewed and considered the information contained in the Final EIR, Technical Appendices, and the administrative record, finds, pursuant to California Public Resources Code 21081 (a)(3) and CEQA Guidelines 15091 (a)(3), that specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures identified in the EIR and, therefore, the project would cause significant unavoidable impact in relation to operational and cumulative air quality and operational and cruulative traffic. Air Quality A. Pacts Implementation of the Heritage Mixed Use Projectt would result in long -tern regional emissions of criteria air pollutants. The majority of the emissions that would be generated by operation of the project are from vehicular trips, mobile sources, and onsito equipment /facilities. Implementation of Mitigation Measures AQ -7 through AQ -13 would reduce the project's operational emissions of criteria pollutants by increasing the energy efficiency of the proposed buildings to five percent beyond that required by 2013 Title 24 standards, equipping three percent of parking spaces with charging stations, requiring the use of low VOC products, provision of outlets for landscaping and requiring 10 percent of landscaphlg be completed electrically, and ire r1whge MI&ee Use Project 35 ESA 1140730 Statement of Facts and Findinge September 2015 Statement of Facts provision of information regarding nearby transit services. However, the reductions in eadssions from these measures would not reduce the vehicular related emissions of ROG and NOx below the applicable SCAQMD thresholds, and the vehicle trips that would be generated by the project would cause the exceedance of the SCAQMD's applicable thresholds. Therefore, impacts related to regional operational emissions related to ROG and. NOx would be significant and unavoidable. 2. Pursuant to SCAQMD's cumulative air quality impact methodology, if an individual project results in air emissions of criteria pollutants that exceed the SCAQMD's thresholds, then it would also result in a cumulatively considerable net increase of these criteria pollutants for which the project region is in non - attainment wider an applicable federal or state ambient air quality standard. Therefore, because operational emissions related to ROG and NOx would be significant and unavoidable, cumulative impacts would also be significant and unavoidable, Mitigation Measures Mitigation Measure AQ -7: Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Building Plans and specifications stipulate that all onsite buildings shall increase energy efficiencies to five percent (5 %) beyond that required by 2013 Title 24 standards. This may be achieved through, but is not limited to, building shell design and building components such as windows, roof systems, water /imgation, and electrical systems. Mitigation Measure AQ -8: Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Building Plans and specifications stipulate that three percent (3 %) (or the amount required by the CalGreen Code, whichever is greater) of all off - street parking spaces shall be equipped with charging stations to encourage the use of electric vehicles. The charging stations shall be installed within each residential parking structure, and may also be provided in the commercial and office parking facilities. The location of the electrical outlets shall be specified on building plans and proper installation shall be verified by the Building Safety Division prior to issuance of a Certificate of Occupancy, Mitigation Measure AQ -9: Prior to issuance of any Grading Permit, the City Engineer and the Building Safety Manager shall confirm that the Building Plans and specifications stipulate that no fireplaces shall be included in the residential units. Mitigation Measure AQ -10: The City of Santa. Ana Planning and Building Agency shall require by contract specifications that maintenance of the proposed project facilities and lease agreements for all non - residential units require the use of low VOC cleaning supplies in all buildings, and use of low VOC architectural coatings applied as part of building maintenance and upkeep. The architectural coatings shall be 50 grams per liter or less for interior and 100 gQ or less for exterior coatings, or a content consistent with Rule 1113. Mitigation Measore AQ -11: Prior to issuance of any Grading Permit, the Building and Safety Division shall confirm that the Building Plans and specifications stipulate that project buildings and parldirg structures shall be equipped with exterior electrical outlets such that a minimum of 10 percent of landscape equipment used onsite can be electrically operated. The location of the electrical outlets The hlerltetre Mlxed Uee Project 36 ESA 1140730 Statement of Feels and Flnftge September 201 5 Statement of Fasts and Flndings shall be specified on building plans and proper installation shall be verified by the Building Safety Division prior to issuance of a Certificate of Occupancy. Mitigation Measure AQ -12: The City of Santa Ana Planning and Building Agency shall require by contract specifications that landscape contracts for the project site shall include a mandatory minimum of 10 percent of all landscape equipment used onsite be electrically operated. Mitigation Measure AQ-13: The City of Santa Ana Planning and Building Agency shall require by contract specifications that the lease agreements for all multi - family residential and non - residential units: * Require provision of information about OCTA and Metrolink transit services in the vicinity of the project site to all residents and employees. • Require that transit routes be posted in common areas of multi- family residential buildings and employee /patron areas for non - residential buildings. B. Findings The City finds that: Operational emissions associated with the proposed project would exceed the SCAQMD's thresholds of significance for ROG and NOx even with the incorporation of Mitigation Measures AQ -4 through AQ -10. There are no identified mitigation measures that could be implemented that would reduce ROG and NOx emissions below the SCAQMD threshold. Transportation and Traffic A. Facts The project would conflict with an applicable plan establishing measures of effectiveness for the performance of the circulation system and would result in both project level and cumulatively considerable significant and unavoidable impacts. The addition of project traffic to the existing traffic conditions in the project area would result in exceeclance of traffic criteria and thresholds of significance. The needed intersection and roadway improvements that would reduce these impacts are identified in Mitigation Measures TRA -1 through TRA -17. However, several of the improvements are not within the control of the City of Santa Ana to implement, and implementation of several improvements cannot be guaranteed As a result, the traffic impacted locations that are outside of the City of Santa Ana's jurisdiction are significant and unavoidable, These locations include: Intersection of Grand Avenue at Dyer Road (City of Santa Ana /Caltrans) • Intersection of Red Trill Avenue at Valencia Avenue (City of Tustin) a Intersection of SR -55 Northbound Ramps at Dyer Road (City of Santa Ana /Caltrans) The Heritage Mixed Use Project 37 ESA M0730 Statement of rack and Findings September 2016 Statement of Facts and • Intersection of Red Hill Avenue at Warner Avenue (City of Tustin) • Intersection of SR 55 Northbound Ramps at Dyer Road (Caltrans) • Intersection of Red Hill Avenue at Alton Parkway (City of Irvine) • Intersection of Hotel Terrace /SR 55 Southbound Ramps at Dyer Road (City of Santa Ana /Caltrans) • Intersection of Auto Mall Drive /SR 55 Southbound Ramps at Edinger Avenue (City of Santa Ana /Caltrans) • Caltrans Freeway Ramps (Caltrans) Mitigation Measures Existing Plus Project Mitigation Measures Mitigation Measure TRA -1: Improvements to intersection No. 20, Grand Avenue at Dyer Road. Widen and restripe the westbound approach of Ayer Road to provide an exclusive right -turn lane. Modify the existing traffic signal as necessary and install all necessary striping, pavement markings and signs per Caltrans requirements and the City of Santa Ana requirements. The implementation of this improvement will require coordination and approval by Caltrans. The improvements will require the width of existing lanes be reduced to a minimum of 10 feet and the removal of the existing sidewalk on the north side of the Dyer Road undererossing, thus restricting pedestrian access. This improvement may require the reconstruction of the Dyer Road undercrossing to provide the recommended travel lane. Year 2020 Plus Project Mitigation Measures Mitigation Measure TRA -2: Improvements to intersection No. 12, Red Hill Avenue at Valencia Avenue. The northbound approach of Red Hill Avenue shall be widened and restriped to provide an exclusive right -true lane. This improvement will require, and shall include, widening along the east curb to accormnodate the proposed right -turn lane, The installation of this hnprovement is subject to the approval of the City of Tustin. Mitigation Measure TRA -3: Improvements to intersection No. 13, Main Street at Warner Avenue. The existing northbound right -turn lane on Main Street shall be converted to a shared through/right -turn lane. Mitigation Measure TRA -4: Improvements to intersection No. 18, Main Street at Dyer Road. The northbound approach of Main Street shall be widened and restriped to provide a third northbound through lane. The existing traffic signal shall be modified to install a northbound right -turn overlap. Mitigation Measure TRA -5: Improvements to intersection No. 21, SR 55 Northbound Ramps at Dyer Road. The westbound approach of Dyer Road shall be widened and restriped to provide an exclusive right -turn lane. The on -ramp for two receiving lanes shall be widened and restriped to the intersection with Dyer Road. These improvements will require, and shall include, widening along the north curb to The Heil tags Mlsed Use Project 38 ESA 1 140730 St.corent of Facts and Flodinge September 2016 statement of Facts and accommodate the proposed right -turn lane. The installation of these improvements is subject to the approval of Caltrans. Mitigation Measure TRA -6: Improvements to intersection No. 22, Pullman Road at Dyer Road. The westbound approach on Dyer Road shall be widened and restriped to provide an exclusive right -turn lane. This improvement will require, and shall include, widening along the north curb to accommodate the proposed right -turn lane. Mitigation Measure TRA -7: Roadway Segment W —Dyer Road between SR -55 SB Ramps and Grand Avenue): Widen and restripe Dyer Road to provide a fourth westbound through lane. The installation of this improvement will require additional right -of -way. Mitigation Measure TRA -8: Improvements to Roadway Segment X -- Dyer Road between the SR 55 Northbound Ramps and Pullman Avenue). Dyer Road shall be widened and restriped to provide a fourth westbound through lane. Year 2035 Plus Project Mitigation Measures Mitigation Measure TRA -9: Improvements to intersection No. 14 — Grand Avenue at Warner Avenue. The northbound approach of Grand Avenue shall be widened and restriped to provide a second northbound left -turn lane and an exclusive northbound right -turn lane. The southbound approach of Grand Avenue shall be widened and restriped to provide a second southbound left -turn lane and an exclusive southbound right -turn lane. The westbound approach of Warner Avenue shall be widened and restriped to provide a th rd westbound through lane. Mitigation Measure TRA -10: Improvements to intersection No. 15 — Red Hill Avenue at Warner Avenue. The existing traffic signal shall be modified to include a right turn and the intersection shall be modified to install a westbound right -turn overlap. The installation of this improvement is subject to the approval of the City of Tustin. Mitigation Measure TRA -11: Improvements to intersection No. 18 — Main Street at Dyer Road. The northbound approach of Main Street shall be widened and restriped to provide a second northbound left - turn lane and a third northbound through lane, The southbound approach of Main Street shall be widened and restriped to provide a second southbound left -turn lane and an exclusive southbound right -turn lane. The eastbound approach of Dyer Road shall be widened and restriped to provide a second eastbound left- turn lane and a third eastbound through lane. The westbound approach. of Dyer Road shall be widened and restriped to provide a second westbound left -turn lane and a third westbound through lane. Mitigation Measure TRA -12: Improvements to intersection No. 21 — SR 55 Northbound Ramps at Dyer Road. The westbound approach of Dyer Road shall be widened and rostriped to provide an exclusive right -tum lane. The on -ramp for two receiving lanes shall be widened and restriped all the way back to the intersection with Dyer Road, These improvements will require widening along the north club to accommodate the proposed right -turn lane. The installation of these improvements is subj eet to the approval of Caltrans. The Hernage Axed Use Prajacl 39 ESA /140730 Slalemanl of Facis end Flndings 8ePtshlbW 2015 of Facts and Mitigation Measure TRA -13: Improvements to intersection No. 22 — Pullman Road at Dyer Road. The eastbound approach of Dyer Road shall be widened and restriped to provide a fourth eastbound through lane. The westbound approach of Dyer Road shall be widened and restriped to provide a fourth westbound through lane. These improvements will require widening on both the north curb and south curb to accommodate the proposed eastbound and westbound through lanes and to align with the existing improvements on Dyer Road that are located from the east side of the railroad tracks to Red Hill Avenue, which could be restriped to accommodate four through lanes in each direction for build out conditions. Mitigation Measure TRA -14: Improvements to intersection No, 27 — Red Hill Avenue at Alton Parkway. The northbound approach of Red Hill Avenue shall be widened and restriped to provide an exclusive northbound right -tan lane. The southbound approach of Red Hill Avenue shall be widened and restriped to provide an exclusive southbound right -turn lane. The eastbound approach of Alton Parkway shall be widened and restriped to provide a second eastbound left -turn lane. The westbound approach of Alton Parkway shall be widened and restriped to provide a second westbound through lane and a westbound free right -turn lane. These improvements are subject to the approval of the City of Irvine. Mitigation Measure TRA -19: Improvements to intersection No. 30 — Main Street at MacArthur Boulevard in Santa Ana. The existing traffic signal shall be modified to include a southbound right -turn overlap. Mitigation Measure TRA -16: Improvements to intersection No. 19 — Hotel Terrace /SR 55 Southbound Ramps at Dyer Road. The existing traffic signal shall be modified to provide pedestrian push buttons along Dyer Road with a median modification on the west leg of the intersection to provide for a 6 foot pedestrian refuge area per Caltrans requirements, the City of Santa Ana and /or California Manual on Uniform Traffic Control Devices. The installation of this improvement is subject to the approval of Caltrans. Mitigation Measure TRA -17: Iinprovernents to intersection No. 7 — Auto Mall Drive /SR 55 Southbound Ramps at Edinger Avenue. The existing traffic signal shall be modified to provide a northbound right -tuna overlap and pedestrian push buttons along Edinger Avenue. In addition, a median modification shall be implemented on the west leg of the intersection to provide for a 6 foot pedestrian refuge area per Caltrans requirements, the City of Santa Ana Standard Design Guidelines and/or California Manual on Uniform Traffic Control Devices. The installation of this improvement is subject to the approval of Caltrans, B. Findings The City finds that: Operational Traffic generated by the project would exceed applicable levels of service criteria and thresholds of significance at several intersections and roadway locations and would result in both project level and cumulatively considerable significant and unavoidable impacts. Intersection and roadway improvements that would reduce these impacts are identified in Mitigation Measures TRA -1 through TRA -17. However, several of the mitigation measures are not within the control of the City of Santa Ana to implement. Thus, and implementation of several improvements cannot be guaranteed. As a result, the traffic impacted locations that are outside of the City of Santa Ana's jurisdiction are significant and unavoidable. The Herded. Wad Use Prefect 40 ESA/ 140730 Statement of Facts and Flndinge September 2015 Statement of 8.0 Project Alternatives CEQA Guidelines, Section 15126.6(c) requires that an EIR analyze a reasonable range of alternatives to the proposed project that could feasibly avoid or reduce any significant unavoidable impacts. The Draft SIR addresses the environmental effects of alternatives to the Heritage Mixed Use project. A description of these alternatives, a comparison of their environmental impacts to the proposed project, and the City's findings are provided below. These alternatives are compared against the project relative to the identified project impacts and the ability to meet the project objectives. Alternatives Considered but Eliminated CEQA Guidelines, Section 15126,6(c), states that alternatives may be eliminated from consideration in an EIR if they fail to meet most of the project objectives, are infeasible, or do not avoid or substantially reduce any significant environmental effects. In addition, alternatives that are. remote or speculative, or the effects of which cannot be reasonably predicted, also do not need to be considered (CEQA Guidelines, Section 15126.6(f)(3)), Alternative Location An alternative site for the proposed project was eliminated from further consideration. The project applicant is the owner of the project site and does not own an alternative site within Santa Ana where the proposed project could be developed. The project objectives are to redevelop an existing underatilized parcel and implement a mixed use development that would provide a balance of land uses, utilize existing infrastructure, providing additional housing near employment centers, and inalnove a gateway image to the City, all of which are consistent with the opportunities provided by the project site. The ability of the applicant to find and purchase an alternative site in Santa Ana that is large enough for the proposed project and available for redevelopment — and would achieve the project obj actives - is considered speculative. Furthermore, the project proposes use of the existing office structure, while an alternative location would require development of a new two -story 56,000 squuaro foot office building and associated surface parking that would not be required by the project and would result in greater impacts. Thus, the alternative location alternative was eliminated from further consideration. Alternative 1: No Project /No Build CEQA also requires that a "No Project" alternative be considered. Additionally, CEQA requires that an EIR identify the environmentally "superior alternative." If the "No Project" alternative is determined to be the envirommentally superior alternative, the EIR shall also identify an onviromnentally superior alternative among the other alternatives (CEQA Guidelines, Section 15126.6(e)(2)). Under this alternative, no development would occur on the project site. The project site has a City of Santa Ana, General Plan Land Use designation as PAO (Professional and Administrative Office) and is zoned as M -1 (Light Industrial). Under Alternative 1, the existing office, data center, and warehousing uses onsite would remain and the existing uses would continue to operate, pursuant to the existing lease agreements. The Henlage Mlxed Use Protect 41 ESA 1 140730 Sln lament of Facts and Findings Seplambor 2015 Findings: The City finds that the No Project No Build Alternative would reduce the potential construction related environmental impacts and reduce the potential operational impacts related to: aesthetics, air quality, GHG emissions, hazards and hazardous materials, noise, public services, traffic and utilities. Additionally, this alternative world not require a general plan or zoning amendment, which would reduce land use and planning related impacts compared to the proposed project. However, the No Project/No Build Alternative would result in greater impacts related to hydrology, water quality, and stormwater drainage, In addition, this alternative would not improve the jobs to housing balance within the region or provide new public park and recreation facilities for existing residents within the project vicinity, Furthermore, the No Project/ No Build Alternative would not meet any of the project objectives. Alternative 2: Reduced Project Alternative Under this alterative, a 25 percent reduction in the number of residential units and commercial space would be built. Therefore, under this alternative, 915 multi- family residential units and a total of 13,567 square feet of commercial retail and restaurant space would be developed; along with an associated reduction in parking and recreation area. The office building portion of the proposed project would occur under this alternative, and this alterative would require a General Plan Amendment and a Zone change, similar to the project. Findings The Reduced Project Alternative would reduce impacts to construction noise, public services, and utilities and infrastructure compared to the project. Less than significant impacts related to aesthetics, cultural resources, geology and soils, GHG emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, operational noise, population and housing, and parks and recreation would be similar under the Reduced Project Alternative as compared to the proposed project. In addition, impacts related air quality and traffic would be reduced under the Reduced Project Alternative compared to the proposed project; however, impacts would remain significant and unavoidable. Therefore, the Reduced Proj act Alternative would reduce, but not eliminate the significant and unavoidable impacts that would result from the proposed project. The Reduced Project Alternative would meet the project objectives; however, it would not eliminate the significant and unavoidable impacts of the proposed project. Alternative 3: Development of a Light Industrial Business Park /Build Out Under the Existing Zoning Alternative Under this alternative, the project site would be redeveloped into a light industrial business park as allowed by the existing zoning designation of M -1 (Light Industrial), which allows a maximum Floor Area Ratio (FAR) of 0.45 and would support a maximum development of 369,301.5 square feet on the 18.84 acre parcel. A majority of the onsite development would be demolished, removed, and replaced to provide new builduig structures that would be developed pursuant to current building requirements, such The Herlloge Mixed Use Project 42 ESA 1 140730 Stalemenl of Facts and Findinge September 2015 Statement as energy efficient power systems, drought tolerant landscaping, storm water filtration, and other LID requirements, The existing office portion of the onsite stricture world be retained, and the exterior renovated to provide a new fagade to be consistent with the new strictures that would be developed adjacent to the existing office stricture. This alterative would be consistent with the existing land use designation, which is PAO (Professional and Administrative Office) and M -1 (Light Industrial) zoning designation. Findings: The Light Industrial Business Park Alternative would result in a significant unavoidable impact for exceedance of GHG emissions thresholds, which would not occur by the proposed project. In addition, traffic impacts would remain significant and unavoidable. The Light Industrial Business Park Alternative would also result in greater environmental impacts related to hazardous materials, operational noise, jobs - housing imbalance, and utilities and service systems. Although, this alternative would reduce operational air quality impacts to a less than significant level, the Light Industrial Business Park Alternative would not meet a majority of the project objectives. Environmentally Superior Alternative CEQA does not require the Lead Agency (City of Santa Ana) to approve the environmentally superior alternative. Conversely, CEQA requires that an EAR consider a reasonable range of feasible alternatives (CEQA Guidelines Section 15126.6(a)) and then the lead agency may elect to approve the project or any of the analyzed alternatives. Pursuant to CEQA, this alternatives analysis has been prepared for the City to consider environmentally superior alternatives and also determine whether the benefits of the project or its alternatives outweigh the potential environmental impacts. Findings; The Environmentally Superior Alternative would be the No Project/No Build Alternative because no construction activities or intensification of onsite uses would occur, and it would reduce the significantly adverse impacts that would result. from the proposed project. The Environmentally Superior Alternative among the other alternatives would be the Reduced Project Alternative, which would involve reducing the build out of the proposed project by 25 percent. As a result, the overall impacts from implementation of the Reduced Project Alternative would be incrementally less than those of the proposed project. However, impacts related to long -term regional emissions of criteria air pollutants and intersection and roadway traffic impacts would exceed thresholds and would remain significant and unavoidable. Therefore, the Reduced Proj ect Alternative would result hr fewer vehicular trips and criteria pollutants, but would result in the same significant and unavoidable impacts that would result from the proposed project. The Heritage Mixed Use Project 43 ESA 1 140730 Statement of Facto and Findings September 2oi5 Statement of Facts and 9.0 Findings Having received, reviewed and considered the information in the record before it, including the Final FIR, which is hereby incorporated by reference, the Findings listed above are hereby adopted by the City as required by CEQA (specifically, CCR, Title 14, Section 15091 through 15093) in conjunction with the approval of the project, which is set forth below, The City is the Lead Agency for the environmental documentation for the project evaluated in the Final FIR. Based on the substantial evidence in the record before it, the City finds that the Draft FIR and Final EIRs were prepared in compliance with CEQA and the CEQ,4 Guidelines, The City finds that it has independently reviewed and analyzed the Draft FIR and Final FIR for the Heritage Mixed Use project, that the Draft FIR which was circulated for public review reflected its independent judgment and that the Final FIR reflects the independent judgment of the City. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of the adoption of these Findings, conceming the potential environmental impacts identified and analyzed in the Final FIR, In addition, the City has reviewed and considered the Mitigation Monitoring and Reporting Program (MMRP) for the project, which is contained in the Final FIR and which describes the process to ensure implementation of the mitigation measures that have been incorporated in the approved project to reduce or avoid significant adverse impacts of the prcj ect on the environment. The MMRP will ensure CEQA compliance during project implementation. Tne Heritage Mixed Use Project 44 ESA/ 140730 Sletement of Facts and Findings September 2018 Exhibit B California Environmental Quality Act Statement of Overriding Considerations Resolution No. 2015 -XXX Page 11 of 16 Statement of Overriding Considerations The following Statement of Overriding Considerations is made in connection with the approval of the Heritage Mixed Use project (project). CEQA requires the decision - making agency to balance the economic, legal, social, technological or other benefits of a project against its unavoidable environmental risks when determining whether to approve a project (CEQA Guidelines Section 15091). If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered acceptable. CEQA requires the agency to provide written findings supporting the specific reasons for considering a project acceptable when significant impacts are unavoidable. Such reasons must be based on substantial evidence in the E1R or elsewhere in the administrative record. The reasons for proceeding with this project despite the adverse environmental impacts that may result are provided in this Statement of Overriding Considerations CEQA Guidelines Section 15093). The City Council finds that the economic, social and other benefits of the proj ect outweigh the significant and unavoidable impacts to operational and cumulative air quality and operational and cumulative traffic. In making this finding, the City Council has balanced the benefits of the project against its unavoidable impacts and has indicated its willingness to accept those adverse impacts. The City Council finds that each one of the following benefits of the project, independent of the other benefits, would warrant approval of the project notwithstanding the unavoidable environmental impacts of the project; A, The City Council finds that all feasible mitigation measures have been imposed to either lessen project impacts to less than significant or to the extent feasible, and furthermore, that alternatives to the project are infeasible because they generally have similar or greater impacts, or they do not meet the project objectives, or are otherwise infeasible as fully described in the Statement of Facts and Findings. B. The project strikes a proper balance of land uses between commercial and office development that focuses on economic activity, and high- quality residential development with open space and recreation facilities, that emphasizes a mixed -use envirornnent in which residents benefit from nearby employment opporturvties. C. The project will rehabilitate an underutilized property, encourage increased levels of capital investment, and enhance the City's economic and fiscal viability pursuant to the City of Santa Ana Strategic Plan. The Heritage Mixad Use Project t ESA 1140730 Statement of Overriding Conslderetlons September 2015 Statement of Overrlding Conslderatlons D. Implement Southem California Association of Government's Regional Comprehensive Plan by providing additional housing near existing employment centers. E. The project will benefit thojobs housing balance. The addition of residential units within the project vicinity would result in a cumulative benefit to the jobs - housing balance for this region of Orange County, and could reduce physical impacts related to the jobs - housing balance, such as regional traffic, air quality emissions, and greenhouse gasses, F. The project will create additional housing units beyond what currently exists in the area or what currently could be developed in that area and thus will add to the available housing stock in the area. G. The project will augment the City's economic base by providing additional tax revenues resulting from the commercial component of the project. H. The project will facilitate non- motorized transportation, because it would include bicycle and pedestrian connectivity between the onsite residential, retail, restaurant, park, recreation, and office uses; and is located adjacent to existing public transportation that provides connectivity to nearby regional Metrolink transit. 1. The project would result in increased pervious surfaces and would filter drainage prior to discharge. This would have a positive impact on water quality and hydrology compared to existing conditions. J. The project would exceed the City's requirements related to open space, park, and recreation facilities, and would provide both public and private recreation onsite. Thus, the project would provide new facilities for community use, and would assist in offsetting increased usage of other park and recreation facilities in the region. The City Council finds that the foregoing benefits provided through approval of the Heritage Mixed Use project outweigh the identified significant adverse environmental impacts. The City Council fiirther finds that each of the individual Heritage Mixed Use project benefits discussed above outweighs the unavoidable adverse environmental effects identified in the Draft and Final EIRs; and therefore finds those impacts to be acceptable. The City Council further finds that each of the benefits listed above, standing alone, is sufficient justification for the City Council to override these unavoidable environmental impacts. The HOntago Wed Use ProjeCt 2 ESA/ 140730 Statement of 0verrlding Consldendans September 2015 Exhibit C California Environmental Quality Act Mitigation and Monitoring Program Resolution No. 2015 -XXX Page 12 of 16 CHAPTER 4 Mitigat Monitoring and Reporting Program Pursuant to Section 21081,6 of the Public Resources Code and the CEQA Guidelines Section 15097, a lead agency is required to adopt a monitoring and reporting program for assessing and ensuring compliance with the required mitigation measures applied to a proposed project for which an EIR has bean prepared. As stated in the Public Resources Code (Section 21081.6(a)): the public agency shall adopt a reporting or monitoring program for the changes made to the pwJect or conditions ofproject approval, adopted in order to mitigate or avoid sign(facant effects on the environment." Section 21081.6 provides general guidelines for implementing mitigation monitoring' programs and indicates that specific reporting and/or monitoring requirements, to be enforced during project Implementation, shall be defined prior to final certification of the EiR, The lead agency may delegate reporting or monitoring responsibilities to another public agency or a private entity, which accept such delegation. The lead agency, however, remains responsible for ensuring that Implementation of the mitigation measures occur in accordance with the program, The mitigation monitoring and teportin.g program table below lists mitigation measures that are required to reduce the significant effects of the proposed project. To ensure that the mitigation measures are properly implemented, the mitigation monitoring and reporting program provide the following information: • Mitigation Measure(s): The aetiou(s) that will be taken to reduce the impact to a loss. than- signifrcantlevel. • Implementation, Monitoring, and Reporting Action: The appropriatc steps to implement and document compliance with the mitigation measures, • Responsibility: The agency or pxivato entity responsible for ensuring implementation of the mitigation measure, However, mitii the o' tigation measures are completed, the City of Santa Ana, as the CPQA bead Agency, remains responsible for ensuring that implementation of the mitigation, measures occur In aocordance with the mitigation monitoring and reporting program (CEQA Guidelines, Section 15097(a)), • Monitoring Phase: The general tinning for conducting each monitoring task. 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Z NI N rp N YJ C° �y jr d qmm G N Iy,ymF�' N N 1� m ak m aO1Tsi%Ir' D•G pyO'w Or 'yO E'�Jy CRdE voaC< v 073 C N N@ N i-- y �j 6 0 O N r .ly' 9 ry N 4 cm In O'M 12 d <- EE a mmaL�m yw�GvS $U« E E U�'� IM1 �mdwWc3mmry am Y =ia +O,•aN�C �LOOIC mGa I^ N v c a v aNLE � O o� X 41E r°K v:pv la � M c U �HNE o.m a 0 z �a N v a• ep p� 5� m a Exhibit D Conditions 9f Approval for Vesting Tentative Tract Map No. 2015.03 Vesting Tentative Tract Map No. 2015 -03 (County Map No. 17962) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations, The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this tentative tract map. The applicant must remain in compliance with all conditions listed below throughout the life of the tentative tract map. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Planning Division Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP No. 2014 -20). 2, The Covenants, Conditions and Restrictions (CC &Rs) for this project must be reviewed and approved prior to approval of the final tract map. 3, All real estate signage must be removed from the site within one year from the date of installation. An extension of time may be granted as determined by the Planning Manager. The final map must be approved and recorded prior to issuance of building permits. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 7. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 8. Two copies of the recorded final map and CC &Rs shall be submitted each to the Planning Division, Fire Department, Building Division, and Public Works Agency within 10 days of recordation. Resolution No. 2016 -XXX Page 13 of 16 The project shall incorporate on -site professional property management for the commercial component. 10. A Parking Management Plan must be submitted prior to building plan check. Covenants, Conditions and Restrictions (CC &Rs) that restrict truck delivery hours to non -peak periods shall be submitted prior to building plan check. 11. A Sign Program addressing wall and monument signage for the development must be submitted to the Planning Division for approval prior to submittal into building plan check. The sign program shall include details of the signage (text, materials) as well as a maintenance plan delineating the long -term repair and replacement of any graphic. 12. A Public Art Plan which proposes a specific works) of art for a specific location(s) shall be submitted to the Planning Commission for consideration. All public art approved by the Planning Commission shall be completely installed prior to the issuance of a certificate of occupancy for the project. 13. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture. At a minimum, the project shall incorporate the amount and size of landscaping as shown on Sheet MLP1.1. The exact specifications for these items are subject to the review and approval of the Planning Commission. 14. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 15. A detailed water feature plan must be reviewed and approved prior to issuance of any building permits. The plan shall include at least one water feature between the retail building and the Cinema Tower, details on the hardscape design and lighting concepts and an installation plan. The exact specifications for these items are subject to the review and approval of the Planning Commission. Resolution No. 2015 -XXX Page 14 of 16 16. The following items must be included as exterior amenities for the development; Enhanced paving in the retail parking lots, the retail walkways and the retail courtyards, and at least one water feature. The exact specifications for these items are subject to the review and approval of the Planning Division. The amenities shall be completely installed prior to issuance of a certificate of occupancy for the building. 17. Pedestrian walkways shall be provided through all lots to establish pedestrian pathways throughout the development. The amenities to be provided along this pathway shall include decorative concrete and paving, accent lighting and landscape planters as shown on the plans. The materials and design of the walkway is subject to the review and approval of the Planning Manager. The improvements in each phase must be completed prior to occupancy of the first unit in the respective phases. 18. Development, operational and maintenance standards shall be established for the number, style and location of outdoor seating. The seating shall be made of a durable material such as concrete or painted iron and be designed to minimize effects from vandalism, skateboarding and weather. This seating shall be reviewed and approved in conjunction with the landscape plan and must be submitted prior to building plan check. 19. Trash receptacles shall be located in high activity areas, such as plazas and other public open spaces. The style of the receptacles shall be compatible with other plaza furnishings. 20. All street furniture surfaces, pedestrian level walls and amenities shall incorporate graffiti resistant coatings. 21. Glass storefronts and windows within the retail component shall provide clear glass. The use of opaque or semi - opaque storefronts or glass is prohibited. 22. Public payphones, if provided, may only be located within buildings. 23. The project shall be in compliance with all mitigation measures identified in the environmental impact report. 24. The proposed private street for the project (Lot A) shall be designed to the City's private street standards. Resolution No. 2016 -XXX Page 15 of 16 B. Police Department 1. A security plan must be submitted to the Police Department at the plan check stage for approval. The plan must cover all aspects of the projects security including security personnel, surveillance equipment, and hardware. The project will be required to have a minimum of four state licensed uniformed security personnel. One security officer will be required for each building, one for the podium level and one for the parking garage. 2. A minimum 12 -inch shatterproof convex mirror shall be installed at each stair landing. All doors leading into stairwells shall be equipped with a minimum 5 -inch by 20 -inch fire rated window. The last flight of stairs shall be fully enclosed at its base. 3. The City of Santa Ana parking structure design standards shall be followed in its entirety. Duress alarms allowing voice communication with security personnel shall be placed in strategic locations, approved by the Police Department, throughout the parking garage. 4. All project walkways shall be illuminated to a minimum maintained one footcandle of light. 5. All elevators serving the residential component of the project shall be equipped with card readers at the garage levels to restrict unauthorized access into the residential towers. The elevator lobbies shall be designed and constructed of material that allows maximum visibility of the interior of the lobby from the parking decks. Glazing material will be used to its maximum extent. Resolution No. 2015 -XXX Page 1 8 of 16