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HomeMy WebLinkAbout2018-081 - Environmental Review No. 2016-156LS 11.20.18 RESOLUTION NO. 2018-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2016-156 AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM RELATIVE TO GENERAL PLAN AMENDMENT NO. 2018-05, AMENDMENT APPLICATION NO. 2018-08, CONDITIONAL USE PERMIT NO. 2018-18 AND VARIANCE NO. 2018-10 FOR THE PROJECT LOCATED AT 301 AND 325 N. TUSTIN AVENUE 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, Richard Finkel, representing Russell Fischer Partnership LLC, is requesting approval of General Plan Amendment No. 2018-05, Amendment Application No. 2018-08, Conditional Use Permit No. 2018-18 and Variance No. 2018-10 in order to facilitate construction of a new multi -tenant commercial building with ancillary drive-through service at 301 North Tustin Avenue and a service station at 325 North Tustin Avenue. B. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, require the evaluation of environmental impacts in connection with proposals for discretionary projects. C. Pursuant to Guidelines for the Implementation of the California Environmental Quality Act, an Initial Study relative to the proposed project concluded that implementation of the project could result in potentially significant effects on the environment and identified mitigation measures that would reduce the significant effects to a less -than -significant level. D. The City of Santa Ana prepared a Mitigated Negative Declaration (MND), Environmental Review No. 2016-156 for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The Mitigated Negative Declaration concluded that the project would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address cultural resources, hazards, and tribal and cultural resources. E. On August 13, 2018, Notice of Intent to adopt the Initial Study and Mitigated Negative Declaration, Environmental Review No. 2016-156 was published in Resolution No. 2018-081 Page 1 of 12 the OC Register newspaper, circulated to interested parties, and the State Clearinghouse. F. The documents related to the Mitigated Negative Declaration were made available for a 30 -day public review and comment period at the Santa Ana City Hall, the Main Library, and on the project webpage on the City's website. G. Comments received were addressed in a Response to Comments document that provides sufficient information to demonstrate that the environmental conclusions and mitigation measures remain valid as disclosed in the Mitigated Negative Declaration. H. The mitigation measures set forth in Mitigated Negative Declaration are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program attached hereto as Exhibit A, and incorporated herein by reference. On October 8, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council approve a resolution to adopt Mitigated Negative Declaration, Environmental Review No. 2016-156 and the related Mitigation Monitoring and Reporting Program for the project. J. On November 20, 2018, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to Mitigated Negative Declaration, Environmental Review No. 2016-156, and the related Mitigation Monitoring and Reporting Program for the project, 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. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the Mitigated Negative Declaration, Environmental Review No. 2016-156, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. Section 3. The City Council hereby adopts and approves the MND and adopts the Mitigation Monitoring and Reporting Program, and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for Council Action dated November 20, 2018, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2018-081 Page 2 of 12 Section 4. 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 significant 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 5. 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 environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 6. This decision rendered by the City Council of the City of Santa Ana is final and is 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. ADOPTED this 20th day of November, 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ( c Lisa Storck Assistant City Attorney Resolution No. 2018-081 Page 3 of 12 AYES: Councilmembers Benavides, Martinez Pulido Sarmiento, Solorio, Tinalero, Villegas (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-081 to be the original resolution adopted by the City Council of the City of Santa Ana on November 20, 2018. Date: Maria D. Huizar Clerk of the Council City of Santa Ana Resolution No. 2018-081 Page 4 of 12 EXHIBIT A Mitigation Monitoring and Reporting Program Resolution No. 2018-081 Page 5 of 12 Mitigation Monitoring and Reporting Program. i ' 1 City of Santa Ana Resolution No. 2018-081 Page 6 of 12 Mitigation Monitoring and Reporting Program Authority and Purpose Pursuant to, and in accordance with California Public Resources Code, Section 21081.6 (AB 3180), a mitigation monitoring and reporting program for the City of Santa Ana's Tustin Avenue Retail Project Mitigated Negative Declaration (MND) SCH# 2018081033 has been prepared. The purpose of this Mitigation Monitoring and Reporting Program (MMRP) is to ensure compliance with and effectiveness of the mitigation measures set forth in the Tustin Avenue Retail Project MND. Section 15074(d) of the CEQA Guidelines states that when adopting amitigated negative declaration, the lead agency shall adopt a program for reporting on or monitoring the changes that it has either required in the project or made a condition of approval to reduce or avoid significant environmental effects. Section 21081.6 of the Public Resources Code and Section 15097 of the CEQA Guidelines require a public agency to adopt a mitigation monitoring and reporting program for assessing and ensuring the implementation of required mitigation measures applied to proposed projects. Monitoring Program List of Mitigations The City of Santa Ana's Mitigation Monitoring and Reporting Program for the Tustin Avenue Retail Project consists of a list of mitigation conditions and/or verifications required for incremental implementation of the project. The following provides information regarding the purpose and procedures for each individual significant impact and related mitigation measures. For each significant impact and corresponding set of mitigation measures, the party responsible for mitigation implementation and monitoring is identified. The required timing for implementation of each measure is also specified. MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Monitoring and Reporting Program Impacts Required Mitigation Measures Implementation V. Cultural Resources Items (b) and (c) The Tustin Avenue Retail Development Project site MMCR-l: Should poeviously unidentified historical, Implementing Entity: Pmject applicant/ will be graded pilot to construction, and if during archaeological or paleontological resoumes be uncovered during developer and culhsal resoumes expert grading, it is revealed that previously unidentified the couse of construction, grading/construction shall be halted Monitoring Agency: City Santa Ana a chaeolo ical, paleontological or geologic deposits g p !e !T g p in the ea so that the findings can be assessed. If it is planning and Building Agency an c exist, an expert appropriate to the nature of the find that determined that more formal data collection is needed, a i mon must be afforded the oppoRunity to evaluate any controlled excavation shall be required to adequately record the Timing: Grading/construction phase additional finds and to complete an analysis in find and recover the associated materials in accordance with accordance with CEQA guidelines, as amended. CEQA guidelines, as amended. Excavating the materials in this controlled mannerwill minimize the risk of any tesoumes being lost, damaged or destroyed. MM CR -2: Prior to the start of construction, the project Implementing Entity: Project applicant/ developer shall retain a Native American Monitor to conduct a developer and Native American Monitor Native American Indian Sensitivity Training for construction MonitoringAgency: Ci of Santa Ana g pensonnel pilot to commencement of any excavation activities. �' a Planning and Building Agency and Native The training session shall include a handout and focus on how to Ametican tribal group(s) identify Native Ametican resoumes encountered during earthmoving activities and the procedures followed if resoumes Timing: Grading/consttuction phase are discovered, the duties of the Native Ametican Monitot and the general steps the Monitor would follow in conducting a salvage investigation. The project developer shall retain a Native American Monitor to be on-site during all project -related, ground -disturbing construction activities (e.g., pavement removal, auguring, boring, grading, excavation, potholing, trenching, and grubbing) of previously undishsbed native soils. MITIGATION MONITORING AND REPORTING PROGRAM 2 Mitigation Monitoring and Reporting Program Impacts Required Mitigation Measures Implementation V. Cultural Resources Cont Item (d) If future activities in project site adversely impact 31MCR.3: Any future development that occurs as a result of Implementing Entity: Project pteviously unidentified cultural resources, including the proposed project will be subject to the provisions of Section applicant/developer, County Coronet, burial sites or sacred lands, an archaeologist will be 7050.5 of the Califomia Health and Safety Code. Section 7050.5 qualified archaeologist afforded the opportunity to evaluate any additional requires the contractor to notify the County Coroner if suspected MonitoringAgency: Ci of Santa Ana g Finds and to complete an analysis in accordance with human remains are uncovered. The Coroner will then determine �' Planing and Building Agency and the Native CEQA guidelines, as amended. whether the remains are of forensic interest If the Coroner, with American Heritage Commissionthe aid of a supervising archaeologist, determines that the remains are or appear to be of a Native American individual, he/she Timing: Grading/constmction phase would contact the Native American Heritage Commission for further investigations and proper recovery of such remains, if necessary. MITIGATION MONITORING AND REPORTING PROGRAM 3 Mitigation Monitoring and Reporting Program Impacts Required Mitigation Measures Implementation VIII. Hazards and Hazazdous Materials Items (a), (b), and (c) Due to the age of the existing building there is a Potential OLWHAZ-IAsbestos Abatement Prior to any Implementing Entity: Project applicant/ that asbestos containing materials (ACM) and, perhaps, lead- demolition, a thorough asbestos survey is required in developer and Certified Asbestos Consultant base paint (LBI) may be present Exposure to either ACM or accordance with the EPA and SCAQMD Rule 403. All MonitoringAgency: Ci of Santa Ana g LBP may expose construction colonels and people in the onsite structmes that contain asbestos must have the ACM �' a Planning and Building Agency (Building vicinity of the project site to potential health risks. removed according to proper abatement procedures Safety Division) and the South Coast Air recommended by the asbestos consultant and as required Quality Management Distract (SCAQMD) by the SCAQMD. All abatement activities shall be in compliance with Califomia and Federal OSHA, and with Timing: Prior to demolition phase the SCAQMD requirements. Only asbestos trained and certified abatement personnel shall be allowed to perform asbestos abatement. All ACM removed from onsite structmes shall be transported by a licensed to handle ACM and disposed of at a licensed receiving facility and under proper manifest Following completion of the asbestos abatement, the asbestos consultant shall provide a report documenting the abatement procedures used, the volume of ACM removed, where the material was disposed. This report shall include transportation and disposal manifests or dump tickets. The abatement report shall be prepared for the propetty owner or other responsible patty, with a copy submitted to the SCAQMD and the City of Santa Ana. MITIGATION MONITORING AND REPORTING PROGRAM 4 Mitigation Monitoring and Reporting Program VIII. Hazards and Hazardous Materials Cone Due to the age of the existing building there is a potential 3LWHAZ-2Asbestos Notification. SCAQMD Rule Implementing Entity: Project applicant/ that asbestos containing materials (ACM) and, perhaps, lead- 1403 establishes notification and work practice developer and City of Santa Ana Planning base paint (LBP) may be present Exposure to either ACM or requirements to limit asbestos emissions from building and Building Agency (Building Safety LBP may expose construction workels and people in the demolition and renovation activities. State law requires Division) vicinity of the project site to potential health risks. that a copy of the asbestos demolition notification form be MonitoringAgency: Ci of Santa Ana g �' provided to Building and Safety petsonnel pilot to the Planning and Building Agency (Building issuance of a demolition permit. Local governments ate Safety Division)Maage and the South Alt responsible for the asbestos notification process. CAORCoast Quality Management District (SCAQMD) Timing: Pilot to and during demolition/ construction phase 3D1HAZ-3Lead Based PaiotRemoval Pilot to the Implementing Entity: Project issuance of a permit for demolition of any struchse, a applicant/developer and licensed Lead Based licensed LBP professional shall be contracted to evaluate Paint consultant the structure for LBP. If LBP is discovered, it shall be Monitoring Agency: City of Santa Ana removed according to pmpet abatement pmcedutes Planning and Building Agency (Building recommended by the consultant and in accordance with Safety Division) and the South Coast Alt SCAQMD, State of California and Federal requitements. Quality Management Distt:ct (SCAQMD) Only LBP trained and certified abatement pensonnel shall be allowed to petfotrn abatement activities. All LBP Timing: Pilot to and during demolition removed from these struchses shall be hauled and phase disposed of by a transportation company licensed to transport this type of material. In addition, the material shall be taken to a landfill of receiving facility licensed to accept the waste. Following completion of the LBP abatement, the LBP consultant shall provide a report documenting the abatement procedutes used, the volume of LBP removed, where the material was moved to, and include transportation and disposal manifests of dump tickets. The abatement teport shall be prepated for the property owner of othet responsible patty, with a copy submitted to the SCAQMD and the City of Santa Ana MITIGATION MONITORING AND REPORTING PROGRAM 5 Mitigation Monitoring and Reporting Program Impacts Required Mitigation Mewmres Implementation XVII. Tribal Cultural Resources Please tefet to Impacts in ptevlous section V. Cultural Please tefet to NMI CR -2 and NMI CR -3 in section V. Please tefet to Implementation in ptevlous Resources, Items (b), (c), and (d). Cultuml Resources, Items (b), (c), and (d). section V. Calm" Resources, Items (b), ,and d. MITIGATION MONITORING AND REPORTING PROGRAM 6