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HomeMy WebLinkAbout2020-095 - Adopting a Mitigated Negative Declaration and Mitigation MonitoringLS 10.26.20 RESOLUTION NO.2020-095 A RESOLUTION OF CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, ENVIRONMENTAL REVIEW NO. 2018-83, RELATIVE TO GENERAL PLAN AMENDMENT NO. 2020-04 AND AMENDMENT APPLICATION NO, 2020-02 FOR THE PROJECT LOCATED AT 301 AND 305 NORTH MOUNTAIN VIEW STREET 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. Steve Jones with Olympia Capital Corporation, representing Mountain View Real Estate Investments, LLC. ("Applicant'), is requesting approval of General Plan Amendment (GPA) No. 2020-04 to amend the General Plan land use designation of the project site from Low Medium Desnity Residential (LMR- 11) to Medium Density Residential (MR-15) and Amendment Application (AA) No. 2020-02 to change the zoning designation of the project sire from General Agricultural (Al) to Two -Family Residence (R2) in order to facilitate the construction of an 8-unit condominium development at 301 and 305 North Mountain View Street. B. In addition, the City of Santa Ana is proposing to change the land use designation of the properties located at 4310, 4314, 4318, 4322, 4326, and 4330 West Fifth Street, 113, 117,121, 201, 203, 207 and 211 North Mountain View Street from LMR-11 to Low Density Residential (LR-7); 221, 223, 225, 227, 229, 231, 233, 235, 237, 239, 241, 243, 245, 247, 301, 305, 321, 323, 325, 327, 329, 331, 333, 335, 337, 339, 341, 343, 345, 347, 349, 351, 353, 355, 357, 359, 361, 363, 365, 409 and 411 North Mountain View Street and 4311 West First Street from LMR-11 to MR-15; and 4315, 4317, 4319, 4321, 4323, 4325, 4327, 4329, 4331, 4333, 4335, 4337 and 4339 West First Street from General Commercial (GC) to MR-25. C. Lastly, the City of Santa Ana is also proposing to change the zoning designation of the properties located at 4310, 4314, 4318, 4322, 4326 and 4330 West Fifth Street, 4311 West First Street and 113, 117, 121, 201, 203, 207 and 211 North Mountain View Street from Al to Single -Family Residence (R1); and 221, 223, 225, 227, 229, 231, 233, 235, 237, 239, 241, 243, 245, and 247 North Mountain View Street from Suburban Apartment (R4) to R2. Resolution No. 2020-095 Page 1 of 20 D. The provisions of the California Environmental Quality Act of 1970 (CEQA), Public Resources Code Sections 21000 et. seq., as amended, and the CEQA Guidelines require the evaluation of environmental impacts in connection with proposals for discretionary projects. E. Pursuant to the Guidelines for the Implementation of the CEQA, 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 for the development site (301 and 305 North Mountain View Street) that would reduce the significant effects to a less -than -significant level. F. The City of Santa Ana prepared a Mitigated Negative Declaration (MND), Environmental Review (ER) No. 2018-83, for the proposed project which reflects the City's independent judgement and analysis as lead agency for the project. The MND concluded that the project site would have a less than significant environmental impact with implementation of mitigation measures. Mitigation measures are included to address biological resources, geology and soils, noise, hydrology and water quality, tribal cultural resources and cultural resources. G. On June 8, 2020, a Notice of Intent (NOI) to adopt the Initial Study and MND, ER No. 2018-83, was published in the Orange County Register newspaper, circulated to interested parties, and the State Clearinghouse. H. The documents related to the MND were made available for a 30-day public review and comment period at the Santa Ana City Hall and on the project's webpage on the City's website. At the completion of the comment period, comments from Orange County Fire Authority (OCFA) and the Gabrieleno Ban of Mission Indians -Kith Nation were received and incorporated to the Final I. The mitigation measures set forth in the MND are fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program (MMRP), attached hereto as Exhibit A and incorporated herein by reference. J. On December 1, 2020, the City Council of the City of Santa Ana held a duly noticed public hearing and voted to approve a resolution to adopt MND, ER No. 2018-83, and the related MMRP for the project. Section 2. The City Council has independently reviewed and analyzed the information contained in the Initial Study and the MND, ER No. 2018-83, 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 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. Resolution No. 2020-095 Page 2 of 20 Section 3. The City Council hereby adopts the MND, attached hereto as Exhibit A, and MMRP, attached hereto as Exhibit B, and directs that a 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 City Council Action dated December 1, 2020 and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 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 shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Resolution No. 2020-095 Page 3 of 20 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 1st day of December, 2020. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: �4 �- . Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: NOT PRESENT: Councilmembers Councilmembers Councilmembers Bacerra. Mendoza, Penaloza, Sarmiento Solorio Villegas (6) None (0) Pulido (1) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-095 to be the original resolution adopted by the City Council of the City of Santa Ana on December 1, 2020. Date: %q? - -3 - a03D Daisy Gom z Clerk of the Council City of Santa Ana Resolution No. 2020-095 Page 4 of 20 EXHIBIT A MITIGATED NEGATIVE DECLARATION The Mitigated Negative Declaration for the Project and Technical Studies are available online at: https://www santa-ana org/pb/planning-division/major-planning-projects-and-monthly d evelopment-project-reports/mountain-view Or by visiting: Planning and Building Agency— Planning Division Public Counter 20 Civic Center Plaza Santa Ana, CA 92701 Resolution No. 2020-095 Page 5 of 20 EXHIBIT B MITIGATION MONITORING AND REPORTING PROGRAM The following is a Mitigation Monitoring and Reporting Program (M1V1RP) for the Mountain View Avenue Condominiums located at 301 and 305 Mountain View Avenue, Santa Ana, CA. This MMRP has been prepared pursuant to Section 15097 of the California Environmental Quality Act (CEQA) Guidelines and Section 21081 of the Public Resources Code. The MMRP lists all applicable Project Mitigation Measures (MM) and environmental commitments that are required to be implemented with the Project under existing Standard Condition Plans, Programs, and Policies (SC) for implementing environmental resource protection legislation. This MMRP includes implementation timing and responsible party to ensure proper enforcement of all MM and SC to reduce Project impacts. The City of Santa Ana, as the Lead Agency, will utilize the MMRP to document the implementation of Project mitigation and SC environmental commitments, which ensure all project impacts are reduced to less than significance pursuant to the CEQA. Date Mitigation Mitigation Measure Responsible Tung Completed Number Park and Initials AESTHETICS MM AES-1 The Contractor shall partition active Contractor During all areas of construction, stockpiles and and City phases of materials storage locations; and, shall Inspector construction perform all work with downlighting and installation of a barrier to confine construction -related light and glare into _active-onstrucbAanzonesand to minimize spillover light and glare from construction equipment onto adjacent areas by implementing the following: (a) A temporary barrier between nearby residences and areas of active construction will be placed. (b) Temporary security lighting must be low voltage and downlit. AIR QUALITY MM AQ-1 Emissions controls and fugitive dust Contractor as During all emissions controls will be implemented to verified by phases of reduce airborne dust contributing to City Planner construction PM 10 and PM2.5 pursuant to SXAQMD and City Rules 403 for PM and PM2.5 and Engineer, Resolution No. 2020-095 Page 6 of 20 pursuant to Rule 1466 pertaining to toxic construction air contaminants. This includes dust staff control BACM and air quality TAC monitoring for Lead: (a) Designate a Dust Control Supervisor; (b) Provide PM 10 monitoring both upwind and downwind during earth -moving activities; (c) Maintain records of earth - moving activities, monitoring, instrument calibration, manifest records for transport, volumes of materials with TAC, distances to a residence, park or school, and complaints; (d) Install minimum 6-foot tall barrier fencing where earth moving activities are carried out, and fencing at least as high as stockpiles; (e) Apply water or other soils stabilizers prior to earthmoving activities and maintain moisture content to prevent generation of visible dust plumes; (f) Post signs limiting speed limit to 15 miles per hour; (g) Stabilize or cover disturbed surfaces and apply stabilizers and cover haul loads prior to unloading; (h) Remove track -out with a vacuum equipped with filters rated to achieve 99.97% capture efficiency for 0.3 micron particles; (1) Prevent track -out and clean soils from the exterior of trucks, trailers and tires prior Resolution No. 2020-095 Page 7 of 20 to leaving the Project Area; (j) Segregate and label TAC stock piles and apply stabilizers, and 10mm plastic overlapping and anchored sheeting; (k) Cease activities during high winds (15 miles per hour over a 15-minute period or instantaneous wind speeds exceeding 25 MPH); and (1) Proper notification of SCAQMD prior to earthmovin MM AQ-2 Construction emissions will be reduced Contractor as During all according to the following: verified by phases of City Planner construction (a) Disturbed areas will be and City stabilized at the end of each Engineer, day with trench plates or construction similar devices. staff (b) Idling on construction equipment and vehicles will be limited to 5 minutes; (c) The project will implement Tier IV mitigation to reduce exhaust from -diesel -powered— --- — engines in compliance with AQMD; (d) The project will implement Tier III engines; and (e) Construction staff will carpool. MM AQ-3 Project plans and specifications shall City During all incorporate a temporary signage plan for Engineer, phases of the Project, which shall be verified by the Contractor construction City Engineer, and shall include a and City feedback phone number. The Contractor Inspector shall post Project Area will be with a phone number intended for 24n feedback to the Contractor and City from the community according to approved plans. Resolution No. 2020-095 Page 8 of 20 BIOLOGY SC BIO-1 Plans and specifications for the project Project Prior to shall include the following note prior to proponent as issuance of issuance of permits to reduce impacts verified by permits during from vegetation trimming and clearing, City Planner avian breeding tree trimming and removals, generation of and season, Feb 1 mechanical noise or ground disturbance Contractor as — Sept 1 and on active bird nests from native nesting verified by verified birds: Active avian nests shall be avoided City throughout by the contractor by scheduling these inspector. construction construction activities outside of the avian stages breeding season, which is typically during February 1 to September 1. SC BIO-2 Plans and specifications for the project Project Prior to shall include the following note prior to proponent as issuance of issuance of permits to reduce impacts on verified by permits during nesting birds prior to commencement of the City avian breeding work during the typical nesting season, Planner and season, Feb 1 the contractor shall hire a qualified Contractor as — Sept 1 and biologist to conduct a nest survey, within verified by verified the project boundaries and within a 1,000- City throughout foot radius buffer, three days in advance inspector, construction of the start of construction (for work Project stages beginning approximately between Biologist, February 1 and September 1). This survey Arborist for bird nests will report the location of nesting birds that could be impacted by the project for species covered under the Migratory Bird Treaty Act and Fish and Game Code sections 3503, 3503.5, and 3513. SC BIO-3 Plans and specifications for the project Project Prior to shall include the following note prior to proponent as issuance of issuance of permits to reduce impacts on verified by permits during birds If active nests are found, the the City avian breeding biologist will be retained for construction Planner and season, Feb 1 monitoring and to coordinate with CDFW Contractor as — Sept 1 and on establishing specific buffers around verified by verified nests that are sufficient to ensure that City throughout breeding is not likely to be disrupted or inspector, construction adversely impacted by construction Project stages pursuant to CDFW requirements. Buffers Biologist, around active nests will be established Arborist pursuant to CDFW protocol or determination by a qualified CDFW biologist for smaller buffers which are sufficient to avoid impacts to nesting birds. Buffers will be maintained until young have fledged or the nests become Resolution No. 2020-095 Page 9 of 20 inactive. Factors for consideration on nest buffers will include: (a) The presence of natural buffers provided by vegetation or topography; (b) nest height; and (c) locations of foraging territory; and baseline levels of noise and human activity. SC CUL-1 Plans and specifications for the project Project Prior to shall include the following note prior to proponent as issuance of issuance of permits: If human remains are verified by permits and found, work in the location of the remains City Planner during would cease and the Orange County and construction Coroner's office would be contacted Contractor as pursuant to Health and Safety Code verified by Section 7050.5 to identify the appropriate City next steps. If Native American remains Inspector are found, the most likely descendent would be notified pursuant to Section 5097.94 of the Public Resources Code. GEOLOGY AND SOILS MM GEO-1 Structural foundations preparation Project During Plan methods for foundations shall be proponent as Check prior to incorporated into project specifications verified by issuance of and plans and reviewed and approved by the City permits and the Soils Engineer and Geotechnical Engineer and ongoing -Engineer—for—he—projectt prior to issuance— Building -during-- of a grading and building permits. Plans Official Construction and Specifications shall include: Inspection (a) A minimum 3-foot compacted fill blanket below the bottom of footings or per the geologist recommendations based on final plans shall be implemented. For other minor structures like property line walls or retaining walls less than 4 feet high, competent native soils or compacted fill may be used; (b) Earthwork for foundation shall include the iildine oad and shall Resolution No. 2020-095 Page 10 of 20 extend a minimum of 5 feet outside exterior footing lines; (c) Footing bottoms shall be observed by the geotechnical engineer to verify competent conditions; (d) Continuous spread footings placed a minimum depth of 24 inches below lowest adjacent finished grade may be used for the structures, with footing reinforcement with a minimum of two No. 4 bars (1 top and 1 bottom) and shall be observed by the geotechnical engineer to verify competent soil conditions; and (e) If a slab on grade is utilized, the slab shall be supported on engineered fill compacted to a minimum of 90 percent relative compaction. Slabs should be reinforced with at least No. 3 bars 18 inches on center both ways. MM GEO-2 Foundation plans and specifications Project During Plan shall be reviewed and approved by the proponent as Check prior to Geologist and the Soil Engineer and verified by issuance of shall incorporate the recommendations the City permits and of the Geologist and Soil Engineer Engineer and during subgrade preparation prior to issuance Building Construction of grading permits including the Official Inspection following measures: (a) The soil should be kept moist prior to casting the slab, and if the soils at grade become disturbed during construction, they should be brought to approximately optimum moisture content, and rolled to a firm, unyielding condition prior to placing concrete. (b) In areas where a moisture sensitive floor covering will be used, a vapor barrier Resolution No. 2020-095 Page 11 of 20 consisting of a plastic film (6 ml polyvinyl chloride or equivalent) should be used. The vapor barrier should be properly lapped and sealed. (c) Hardscape and slab subgrade areas shall exhibit a minimum of 90 percent relative compaction to a depth of at least 1 foot. Deeper removal and re - compaction may be required if unacceptable conditions are encountered. These areas require testing for compaction just prior to placing concrete. (d) Site grading shall incorporate drainage directed away from structures via non - erodible conduits to detention areas. The structure should utilize roof gutters and down spouts tied directly to yard drainage. (e) Unlined flower beds, planters, and lawns should not be constructed against the perimeter of the structure. If such landscaping (against the perimeter of a structure) is planned, it should be properly drained and lined or provided with an underground moisture barrier and irrigation in these areas should be kept to a minimum. MM GEO-3 Grading plans and specifications for the Project During Plan project shall be reviewed and approved proponent as Check and by the Soil and Geotechnical Engineers verified by Construction and shall include the recommendations City Inspections of the Soil Engineer and Geotechnical Engineer Engineer including the following: (a) After the foundation for the fill has been cleared, plowed or scarified, it shall be disced or bladed until it is uniform and free from large clods, Resolution No. 2020-095 Page 12 of 20 brought to a proper moisture content and compacted to not less than 90 percent of the maximum dry density in accordance with ASTM:D- 1557 (5 layers -25 blows per layer; 10 lb. hammer dropped 18'; 4" diameter mold). MM GEO-4 MM GEO — 4: The Soil Engineer Contractor as Ongoing shall provide continuous verified by During supervision of the site clearing and City Building Construction grading operation so that he can Official/ verify the grading was done in Inspector accordance with the accepted plans and specifications including the following provisions a through w: a) All grading shall consist of removal and re -compaction of soft surficial soils. b) All existing vegetation shall be stripped and hauled from the site. c) On -site materials may be used for fill, or fill materials shall consist of materials approved by the Soils Engineer and may be obtained from the excavation of banks, borrow pits or any other approved source. The materials used should be free of vegetable matter and other deleterious substances and shall not contain rocks or lumps greater than 8 inches in maximum dimension. d) The selected fill material shall be placed in layers which, when compacted, shall not exceed 6 inches in thickness. Each layer shall be spread evenly and shall be thoroughly mixed during the spreading to ensure uniformity of material and moisture of each layer. e) No fill material shall be placed, Resolution No. 2020-095 Page 13 of 20 spread or rolled during unfavorable weather conditions. 4) When work is interrupted by heavy rains, fill operations shall not be resumed until the field tests by the Soils Engineer indicate the moisture content and density of the fill are as previously specified. g) Where moisture of the fill material is below the limits specified by the Soils Engineer, water shall be added until the moisture content is as required to ensure thorough bonding and thorough compaction. h) Where moisture content of the fill material is above the limits specified by the Soils Engineer, the fill materials shall be aerated by blading or other satisfactorymethods until the moisture content is as specified by the Soils Engineer. i) After each layer has been placed, mixe an spread evenly, it shall be thoroughly compacted to not less than 90 percent of the maximum dry density in accordance with ASTM:D-1557 (5 layers -25 blows per layer;10 lbs. hammer dropped 18 inches; 4" diameter mold) or other density tests which will attain equivalent results. j) Compaction shall be by sheepsfoot roller, multi - wheel pneumatic tire roller or other types of acceptable rollers. k) Rollers shall be of such Resolution No. 2020-095 Page 14 of 20 design that they will be able to compact the fill to the specified density. Rolling shall be accomplished while the fill material is at the specified moisture content. 1) Rolling of each layer shall be continuous over the entire area and the roller shall make sufficient trips to ensure that the desired density has been obtained. The final surfaceof the lot areas to receive slabs on grade should be rolled to a dense, smooth surface. m) The outside of all fill slopes shall be compacted by means of sheepsfoot rollers or other suitable equipment. n) Compaction operations shall be continued until the outer 9 inches of the slope is at least 90 percent compacted. Compacting of the slopes may be progressively in increments of 3 feet to 5 feet of fill height as the fill is brought to grade, or after the fill is brought to its total height. o) Field density tests shall be made by the Soils Engineer of the compaction of each layer of fill. p) Density tests shall be made at intervals not to exceed 2 feet of fill height provided all layers are tested. q) Where the sheepsfoot rollers are used, the soil may be disturbed to a depth of several inches and density readings shall be taken in the compacted material below the disturbed surface. r) When these readings indicate Resolution No. 2020-095 Page 15 of 20 that the density of any layer of fill or portion there is below the required 90 percent density, the particular layer or portion shall be reworked until the required density has been obtained. s) Removal and re - compaction of existing fill and loose native soils will be required to provide adequate support for foundations and slabs on grade. t) Removals shall extend downward into competent earth materials or to at least 2 feet below proposed footing bottoms, whichever is deeper. u) The exposed excavation bottom shall be observed and approved by the Geotechnical Engineer. Subsequent to approval of the excavation bottom, the area shall be scarified6 inches, moisture conditioned as needed, and compacted to a minimum of 90 percent relative compaction. v) Fill soils shall be placed in 6 to 8-inch loose lifts, moisture conditioned as needed, and compacted to a minimum of 90 percent relative compaction up to finish grade. w) All utility line backfills, both interior and exterior, shall consist of clean sand and gravel, and be compacted to a minimum of 90 percent relative compaction and shall require testing at a maximum of 2-foot vertical intervals. MM GEO-5 In the event that buried paleontological Contractor Ongoing Resolution No. 2020-095 Page 16 of 20 resources or geologic features are and Building during encountered during grading, work in the Official/ Construction area of the find shall cease and a Inspector qualified paleontologist or geologist shall inspect the resources and determine the appropriate course of action for further treatment. HYDROLOGY AND WATER QUALITY SC HYD-1 Prior to issuance of building and grading Project During Plan permits, structural BMPs shall be Proponent as Check and incorporated into the final development verified by Ongoing plans and specifications for the project the City During and prior to final tract map approval, Engineer and Construction non-structural BMPs shall be Building incorporated into CC&Rs for Official/ Condominium Tract 19064 including but Inspector not limited to the following: a) Permeable driveway paving system with filtered storm drain inlets designed to detain 80 percent of 100-year storm flows from the APN 100-281- 05 shall be incorporated into project plans and specifications and maintained through the HOA and CC&Rs. b) Pet Waste Stations including bags and covered receptacle shall be incorporated into project plans and funded/maintained through the HOA and CC&Rs. c) Covered trash receptacles shall be included in the common area on the final plans and maintained by the HOA through CC&Rs. d) Owner education materials, including proper handling, storage and disposal of toxics and maintenance of yard drains shall be incorporated into CC&Rs for the tract. SC HYD-2 Prior to issuance of permits for the Project During Plan project, water efficient landscaping and Proponent as Check and irrigation details shall be incorporated verified by Ongoing Resolution No. 2020-095 Page 17 of 20 into development plans and the City During specifications for the project. Engineer and Construction Building Official/hispe ctor SC HYD-3 Prior to issuance of grading and Project During Plan building permits, erosion control Proponent as Check and measures shall be included in final verified by Ongoing plans and specifications including the City During but not limited to provisions a-d Engineer and Construction below: Building Official/ a) Twice daily minimum Inspector sweeping of track -out areas. b) Cover haul loads and stockpiles with tarps. c) Maintain adequate soil moisture in disturbed surfaces during and after grading. d) Reduce construction vehicle speeds and idling times. NOISE MM NOI-1 Final plans and specifications for the Project During Plan project shall include a note as Proponent as Check and follows: During demolition and verified by Ongoing construction, the contractor shall the Building During install noise source reduction or noise Official and Construction barriers and shall measure the Building effectiveness of said noise mitigation Inspector _to-documentthaLprojjecS construction does not exceed the FTA threshold of 80 dB at nearby residential land uses. Said noise mitigation shall include but not be limited to the following: a) Shall fit equipment at the project site mufflers providing at least 8 dB of noise reduction, or b) Shall construct temporary enclosures or acoustical tents that provide at least 8 dB of noise; and c) Shall measure and document the effectiveness of the implemented noise abatement measures Resolution No. 2020-095 Page 18 of 20 TRIBAL CULTURAL RESOURCES MM TRI-1 Prior to the issuance of any permits for City Building During Plan initial site clearing (such as pavement Official and Check prior to removal, grubbing, tree removals) or City Planning issuance of issuance of permits allowing ground Department permits and disturbing activities that cause ongoing excavation to depths greater than during artificial fill (including as boring, construction grading, excavation, drilling, potholing or auguring, and trenching), the City of Santa Ana shall ensure that the project applicant/developer retain qualified Native American Monitor(s). The monitor(s) shall be approved by the tribal representatives of the Gabrieleno Band of Mission Indians - IUzh Nation and be present on -site during initial site clearing and construction that involves ground disturbing activities that cause excavation to depths greater than artificial fill identified herein. The monitor shall conduct a Native American Indian Sensitivity Training for construction personnel. The training session includes a handout and focus on how to identify Native American resources encountered during earthmoving activities and the procedures followed if resources are discovered. The Native American monitor(s) shall complete monitoring logs on a daily basis, providing descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The on -site monitoring shall end when grading and excavation activities of native soil (i.e., previously undisturbed) are completed, or when the tribal representatives and monitor have indicated that the site has a low potential for tribal cultural resources, whichever occurs first. MM TRI-2 In the event that tribal cultural resources Official and Check prior to are inadvertently discovered during City Planning issuance of ground disturbing activities, work must Department permits and be halted within 50 feet of the find until ongoing it can be evaluated by a qualified during archaeologist in cooperation with a construction Native American monitor to determine if the potential resource meets the Resolution No. 2020-095 Page 19 of 20 CEQA definition of historical (State CEQA Guidelines 15064.5(a)) and/or unique resource (Public Resources Code 21083.2(g)). Construction activities could continue in other areas. If the find is considered an "archeological resource" the archaeologist, in cooperation with a Native American monitor shall pursue either protection in place or recovery, salvage and treatment of the deposits. Recovery, salvage and treatment protocols shall be developed in accordance with applicable provisions of Public Resource Code Section 21083.2 and State CEQA Guidelines 15064.5 and 15126.4. If unique a tribal cultural resource cannot be preserved in place or left in an undisturbed state, recovery, salvage and treatment shall be required at the Project applicant's expense. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation in an established accredited professional repository. Resolution No. 2020-095 Page 20 of 20