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City Place Focused Environmental Impact Report Findings and Facts in Support of Findings 4.1 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE CITY PLACE PROJECT WHICH CANNOT BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the City Place project, which cannot be mitigated to below a level of significance are described in this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the City Place project would not be mitigated to below a level of significance, after implementation of the project mitigation measures. A Statement of Overriding Considerations (SaC) has been prepared to address these unavoidable significant adverse impacts of the City Place project, as described later in Section 7.0 (Statement of Overriding Considerations). 4.1.1 Impacts Related to Short Term Air Quality Impacts Potentially Significant Adverse Impact Related to Short-Term Construction NOx Emissions As described in Section 4.3 in the EIR, the City Place project will result in significant adverse short-term nitrogen oxides (NOx) emissions as a result of the use of construction equipment vehicle exhaust. Finding Related to Construction NO" Emissions Specific economic, legal, social, technological or other considerations, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Facts in Support of the Finding Related to Construction NO"Emissions There are no feasible mitigation measures to substantially reduce NOx emISSIons during construction. Therefore, the significant adverse impact during construction of the City Place project related to NOx emissions cannot be reduced to below a level of significance. Compliance with the following project enhancement measures will lessen air quality impacts during construction. AQ-1 All trucks hauling dirt, sand, soil or other loose materials off site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top ofthe load and the top ofthe trailer). AQ-2 Streets shall be swept hourly if visible soil material has been carried onto adjacent public paved roads (reclaimed water shall be used if available.) AQ-3 All active sites shall be watered at least twice daily. AQ-4 All grading activities shall be scheduled to avoid first stage smog alerts. All grading activities that result in dust generation shall cease during second stage smog alerts and periods of high winds (i.e., greater than 25 mph) if dust is being transported to off-site locations and cannot be controlled by watering. U: IDBottlwp51 I City Place findings. doc September 29, 2004 Page 7 75A-129