HomeMy WebLinkAbout93-024 - Environmental Impact Report for the Santa Ana Enterprise Zone Project139
RESOLUTION NO. 93- 024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA CERTIFYING THE ENVIRONMENTAL
IMPACT REPORT FOR THE SANTA ANA ENTERPRISE
ZONE PROJECT, ADOPTING FINDINGS REGARDING SUCH
PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMEN-
TAL QUALITY ACT, AND APPROVING SUCH PROJECT
WHEREAS, the City of Santa Ana has applied to the State of
California for the creation of an Enterprise Zone within the City
(the "Project") and has received approval of such application
conditional upon the preparation and certification of an environ-
mental impact report for that project and the reapproval of the
Project by the City in accordance with the requirements of the
California Environmental Quality Act; and
WHEREAS, an environmental impact report has been prepared for
the Project (the "E.I.R.) and has been provided to this Council for
its review and consideration; and
WHEREAS, the California Environmental Quality Act and the
State CEQA Guidelines require that, prior to any approval of the
Project, the city Council must make certain certifications and
findings;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA AS FOLLOWS:
1. The City council hereby certifies that the E.I.R. has been
completed in compliance with the California Environmental
Quality Act, and that the E.I.R. has been presented to the City
Council, and that the city Council has reviewed and considered the
information contained in the E.I.R. prior to approving the Project.
2. Those certain findings set forth in Exhibit A, attached
hereto, that certain statement set forth in Exhibit B, attached
hereto, and that certain program set forth in Exhibit C, attached
hereto, are incorporated herein by reference as though fully set
forth. The City Council hereby adopts and approves said findings,
statement, and program.
3. The Project is hereby approved.
PAGE 2
ADOPTED this 15th
ATTEST:
~lerK of the Councl~
COUNCILMEMBERS:
Young Aye
Pulido 'Aye
Lutz .Aye
Mills Aye
Moreno .Aye
Norton .Aye
Richardson .Aye
day of
~arch
, 1993.
D~ }~. ~oung~ I /
Mayor ~ !
APPROVED AS TO FORM:
City Attorney
CERTIFICATE OF ORIGINALITY
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Resolution ~-~ to be the original resolution
adopted by the City Council of the City of Santa Ana on
~lerk of the Council, Date
City of Santa Aha
141
CITY OF SANTA ANA
ENTERPRISE ZONE
EXHIBIT A - FINDINGS OF FACT
EXHIBIT B - STATEMENT OF OVERRIDING CONSIDERATIONS
EXHIBIT C - MITIGATION MONITORING AND REPORTING PROCd:~M
PREPAREDF~:
COMMUNITY DEVELOPMENT AGENCY
CITY OF SANTA ANA
20 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA 92702
(714) 647-5360
PREPARED BY:
STEVENSON, PORTO & PIERCE, INC.
18195 MCDURMOTT EAST SUITE C
IRVINE, CAMFORNIA 92714
(714) 660-8822
EXHIBIT A
FINDINGS OF FACT
EXHIBIT
CALIFORNIA ENVIRONMENTAL QUALITY ACT
STATEMENT OF FINDINGS OF FACT FOR THE ENTERPRISE ZONE
F
F
[.
II.
INTRODUCTION
The California Environmental Quality Act (CEQA) and the State
CEQA Guidelines (Guidelines) provide that:
"No public agency shall approve or carry out a
project for which an Environmental Impact Report
(EIR) has been completed and 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
rationale for each finding." (CEQA Guidelines
Section 15091)
The EIR for the Enterprise Zone identified significant
effects which may occur as a result of the proposed project.
In accordance with the Guidelines, the city of Santa Ana
hereby adopts the findings in this report as part of the
approval of the Enterprise Zone project.
The City of Santa Aha has prepared an EIR for the proposed
Enterprise Zone project in accordance with CEQA and the
requirements of the State Guidelines. As mandated by
legislation in the State of California, the EIR was subject
to review and approval by the City of Santa Aha City Council.
At a public meeting held on March 15, the EIR was certified
by the City Council as adequate, in compliance with the
provisions of CEQA.
In adopting this Statement of Findings and Facts, the city of
Santa Ana City Council approves the Enterprise Zone project.
The certification entails approval by the City Council of the
EIR and the Enterprise Zone.
A Mitigation Monitoring Program has been prepared to monitor
and report the implementation of the mitigation measures
identified for the Enterprise Zone. The Mitigation
Monitoring Program was developed in compliance with Assembly
Bill 3180, which became effective on January 1, 1989.
DESCRIPTION OF THE APPROVED PROJECT
The proposed Enterprise Zone encompasses approximately 6,044
acres and is located in the southern, southwestern, middle,
northern and eastern sections of the City of Santa Aha. The
proposed Enterprise Zone includes areas within and adjacent
to established redevelopment project areas.
144
The Enterprise Zone program offers businesses that locate
within its borders the opportunity to reduce their State
business income tax through a variety of tax benefits. For
example, a business located in the Enterprise Zone can
receive tax credits every time it hires an eligible new
employee or purchases qualified new machinery, equipment or
pollution control devices. Tax credits are also available to
lenders who make loans to businesses in the Zone, and to
employees who work in the Zone. The six tax incentives are:
Sales and Use Tax Credit: California income or franchise
tax may be reduced by the amount of sales or use tax paid
on certain machinery purchases for exclusive use in an
Enterprise Zone. $1.3 million per year or more in tax
credits are available for qualifying machinery purchases.
Hiring Credit: A qualified business may reduce its State
income tax by the amount of wages paid to one or more
qualified employees. $19,000 or more in tax credits per
qualifying employee over a five-year period.
Business Expense Deduction: Part of the cost of certain
property purchased for exclusive use in an Enterprise
Zone may be deducted as a business expense in the first
year it is placed in service.
Net operating Loss Carryover: Net operating losses
(NOLs) of individuals or corporations doing business in
an Enterprise Zone may be carried over to future years to
reduce the amount of taxable Enterprise Zone income for
those years.
Net Interest Deduction for Lenders: A deduction from
income is allowed on the amount of "net interest" earned
on loans made to a trade or business located in an
Enterprise Zone.
Employee Tax Credit: Low wage employees who work in the
Zone may claim a tax credit to reduce the amount of their
income tax on wages earned in the Zone.
The proposed Enterprise Zone would not result in a change in
existing zoning designations or land use.
III. ALTERNATIVES TO THE PROPOSED PROJECT
Three alternatives to the proposed project were evaluated in
the project EIR. These alternatives include the No Project,
Alternate Financing and Reduced Project Area Alternatives.
2
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IV.
NO PROJECT ALTERNATIVE
The No Project Alternative Would allow the area located
within the proposed Enterprise Zone to continue to develop
without any assista ,n~e from the California Department of
Commerce Enterprise Zone Program. Business development and
growth would continue into the future determined mostly by
the private sector and the City.
ALTERNATIVE FINANCING
This alternative would require the City of Santa Aha to seek
alternative sources of revenue to fund needed building
improvements, business relocations and expansions and other
projects. Other sources of revenue the City could consider
include infrastructure finance districts, Redevelopment
Agency industrial development bonds, community development
block grant (CDBG) funds, economic development administration
(EDA) funds, assessment districts and county, state and
federal assistance and funding programs.
REDUCED PROJECT AREA
This project alternative would reduce the proposed Enterprise
Zone area to a smaller geographical area. In order to reduce
the area, commercial and industrial uss would be removed from
the Zone. The areas deleted from the proposed zone would
have to be those areas that would result in fewer
environmental impacts and still meet the objective of the
Enterprise Zone program.
FINDINGS OF FACT
There are three possible findings under CEQA with respect to
the significant effects of a project:
Finding 1:
Changes or alterations have been required in,
or incorporated into, the project which avoid
or substantially lessen the significant envir-
onmental effect identified in the Final EIR.
Findinq 2:
Such changes or alterations are within the
responsibility or jurisdiction of another
public agency and not the agency making the
finding, such changes have been adopted by
such other agency or can and should be adopted
by such other agency.
Finding 3:
Specific economic, social or other
considerations make infeasible the mitigation
measures or project alternatives identified in
the EIR.
146
Vo
After reviewing the Final EIR and the public record on the
project, the City of Santa Ana hereby makes the findings in
Section V, VI and VII, regarding the significant effects of
the Enterprise Zone project, pursuant to Section 15091 of the
state CEQA Guidelines.
EFFECTS DETERMINED TO BE MITIGATABLE TO A LEVEL OF
INSIGNIFICANCE
E~RTH RESOURCES
significant Effect
Future development in the area would be subject to seismic
activity from local faults.
Finding
Finding 1:
Changes or alterations have been required in,
or incorporated into, the project which avoid
or substantially lessen the significant
environmental effect identified in the Final
EIR.
Facts in support of the Finding
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation
measures identified in the Final EIR and incorporated into
the project.
Ail projects that require building excavation and/or
significant amounts of grading shall have a geotechnical
soils report approved by the Planning and Building Agency
prior to the issuance of grading and/or building permits.
NOISE
Significant Effect
Short-term construction noise could occur during project
construction and demolition of buildings. To determine long-
term noise impacts, fUture studies associated with
development would be required.
Findinq
Finding 1:
Changes or alterations have been required in,
or incorporated into, the project which avoid
or substantially lessen the significant
environmental effect identified in the Final
EIR.
4
147
Facts in SuPPort of the Findina
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation
measures identified in the Final EIR and incorporated into
the project.
1. Ail construction projects shall comply with the City's
Noise Ordinance as applicable.
Ail projects shall be reviewed for potential noise
impacts to noise sensitive land uses such as schools,
hospitals, rest homes, residential uses, etc. Project
construction adjacent to or in the vicinity of noise
sensitive land uses shall be restricted to times of the
day that construction can occur and the noise level that
can be generated from the site. This criteria shall be
established by the Planning and Building Agency.
WATER SERVICE
Sianificant Effect
Future development may require water system upgrades in order
for adequate water pressure.
Findinq
Finding 1:
Changes or alterations have been required in,
or incorporated into, the project which avoid
or substantially lessen the significant
environmental effect identified in the Final
EIR.
Facts in Support of the Findinq
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation
measures identified in the Final EIR and incorporated into
the project.
Low-flush toilets, faucets, etc. shall be incorporated
into all projects as applicable in compliance with the
City of Santa Ana and the Uniform Plumbing Code.
2. Insulation of hot water lines in water recirculating
systems shall be required.
3. Low maintenance and water conserving landscaping shall be
used whenever feasible.
5
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SCHOOLS
Significant Effect
The project could generate additional students to area
schools, depending upon the types of projects developed. The
impact on Santa Ana District schools could be significant
since most the District's schools are over capacity.
Finding
Finding 1:
Changes or alterations have been required in,
or incorporated into, the project which avoid
or substantially lessen the significant
environmental effect identified in the Final
EIR.
Facts in Support of the Findin~
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation
measures identified in the Final EIR and incorporated into
the project.
The development of projects that result in new
construction shall pay developer fees to the appropriate
district as required.
POPULATION/HOUSING
Significant Effect
Future additional development in the Enterprise Zone could
indirectly increase the population and demand for housing in
the City.
Finding
Finding 1:
Changes or alterations have been required in,
or incorporated into, the project which avoid
or substantially lessen the significant
environmental effect identified in the Final
EIR.
Facts in Support of the Finding
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation
measures identified in the Final EIR and incorporated into
the project.
6
149
VI.
The City of Santa Ana prepares annual reports as required
by the State that allow both SCAG and SCAQMD the
opportuni%y to monitor the region's progress towards
meeting the ~obs/housing preferred ratio of 1.22. The
City of Santa Ana shall be responsible for monitoring
project impacts and implementing a mitigation monitoring
program as required to achieve a more balanced
jobs/housing ratio, vehicle trips, vehicle miles
travelled and other associated air quality impacts as
applicable.
SIGNIFIC~T ENVIROI~ENT~L EFFECTSWHICH CANNOT BE AVOIDED IF
THE PROJECT IS IHPLF~ENTED
AIR QUALITY
Significant Effect
The long-term development of future projects within the Zone
would have cumulative air quality impacts due to space
heating emissions, vehicular exhaust emissions, etc.
Finding
Finding
Changes or alterations have been required in,
or incorporated into, the project which avoid
or substantially lessen the significant
environmental effect identified in the Final
EIR.
Facts in Support of the Finding
The significant effect has been substantially lessened to the
extent feasible by virtue of the following mitigation
measures identified in the Final EIR and incorporated into
the project.
The Agency shall, in conjunction with the Public Works
Agency and Planning and Building Agency, Development
Services Department, continue to promote bus service for
commuters. In addition, bus turnouts should be provided
at all bus stop locations where possible, passenger
waiting areas should be improved with a bus shelter and
bench where possible, paved, well lighted handicap
accessible accessways should be provided between the bus
stop and adjacent buildings, and all bus stop areas
should have adequate pavement thickness to support buses.
The City shall continue to maintain adequate pedestrian
and bicycle circulation systems to promote non-motorized
transportation.
7
VII.
3. Provide shade trees to reduce building heating and air
conditioning requirements.
4. Use energy efficient and automated controls for new air
conditioners.
5. Use double glass pane windows, when applicable.
6. Provide preferential parking spaces for carpools and
vanpools.
7. Use lighting controls and energy efficient lighting, as
applicable.
8. Use energy efficient low sodium parking lot lights, as
applicable.
Project construction Shall cease on days with a Stage 2
or greater smog alert.
10. Suspend all grading and excavation on those days when
wind speeds exceed 25 miles per hour.
MITIGATION MEASURES FOR IMPACTS CONSIDERED TO BE LES8 TNAN
SIGNIFICANT
This section describes mitigation measures for those effects
of the proposed project which are considered to be less than
significant and that, therefore, are not required under CEQA.
However, these measures improve the project and are
acceptable under CEQA. Findings are not required for effects
determined to be less than significant.
The impact categories determined to be less than significant
and the mitigation measures incorporated in the project are
described below.
HYDROLOGY
Effect
Future development of vacant land could increase storm water
runoff quantities to area storm drain facilities.
Mitiqation Measures
All projects that propose to reduce permeable land
available for storm water absorption shall submit a
preliminary hydrology study to the Public Works
Agency for review and approval prior to the issuance
of grading and/or building permits. The study shall
indicate the amount of increased runoff that would
be generated with project construction; the ability
of the existing storm Water collection system
serving the project to accommodate the increased
runoff; and list any improvements that would be
required to the system in order for the system to
properly serve the project.
Ail development/public projects shall acquire all
necessary permits and approvals from RWQCB and
incorporate all Best Management Practices as applicable.
Ail construction projects involving clearing, grading and
excavation of land totalling five acres or more shall
file for and obtain all necessary clearances, permits,
etc. from the State Water Resources Control Board for
National Pollutant Discharge Elimination System (NPDES)
General Permit for Storm Water Discharges Associated with
Construction Activity.
CULTURAL RESOURCES
Effect
The remodeling or demolition of buildings in conjunction with
attracting new businesses to the Zone could impact existing
historical buildings.
~iti~ation Measures
A cultural resource survey shall be conducted prior to
project approval for sites that are vacant and previously
undeveloped. Should a records search indicate the past
presence of cultural artifacts on the site, a walk-over
of the site shall be conducted prior to grading. If
during the site walk-over it is determined the existing
resources could be significant, additional measures shall
be incorporated into the project to protect the artifacts
to the City's satisfaction.
Should cultural resources be uncovered during grading or
building excavation, all further work shall cease until
the significance of the site can be evaluated by an
archaeologist. If the artifacts are significant they may
have to be preserved in accordance with the CEQA
Guidelines, Appendix K, Archaeological Impacts.
A historical building survey shall be conducted prior to
the issuance of either remodeling or demolition permits
for those buildings identified by City Planning staff as
being potentially historically significant. The
historical survey shall include a review of the Heritage
Orange County, Inc. Facade Easement master list and
Downtown Santa Ana Historic District list. Should a
building be identified as being historically significant,
measures shall be recommended to preserve and/or retain
a historically significant building.
TRAFFIC AND CIRCULATION
Effect
Increased traffic on area roadways
expansion of existing businesses
businesses to the Zone.
would occur due to the
and relocation of new
~itiqation Measures
Traffic studies shall be prepared for all applicable
projects in the future to comply with the Orange County
Congestion Management Program and the city of Santa Ana's
practices for completing a Traffic Impact Analysis in
compliance with the Congestion Management Program. The
traffic studies shall include traffic mitigation measures
whenever potential traffic impacts are identified.
Feasible trip reduction measures shall be incorporated
into all projects.
Ail projects subject to the
Transportation Demand Management
required to file a trip reduction
Works Agency.
city of Santa Ana
Ordinance shall be
plan with the Public
ENERGY CONSERVATION
Effect
Project implementation would result in increased consumption
of natural gas, electricity and other forms of energy.
Mitiqation Measures
Ail private development projects shall be reviewed by the
Energy Services New Construction Department at Southern
California Edison to determine those measures that can be
incorporated into a project to reduce electrical demands.
The City shall assist an applicant, when feasible, in
providing those energy conservation measures in the
project that can reduce electrical energy consumption.
10
POLICE PROTECTION
Effect
The additional development that is anticipated to occur in
the Enterprise Zone would increase the demand for police
services and police staff.
Mitigation Measures
Ail projects shall be reviewed by the Police Department
prior to project approval. Ail measures recommended by
the PoliCe Department in compliance with the City's
Security ordinance shall be incorporated into each
project as applicable.
WASTE WATER SERVICE
Effect
Future development would increase wastewater flows and the
amount of wastewater that would need to be treated at the
District's treatment plants.
Mitiqation Measures
Low-flow toilets, faucets, etc. shall be incorporated
into all projects as applicable in compliance with the
city of Santa Ana and the Uniform Plumbing Code.
SOLID WASTE
~ffect
Construction of additional projects would generate additional
amounts of solid waste including construction material to
area landfills.
~itiqation Measures
The city shall encourage the recycling of building
materials in compliance with the City's adopted Recycling
Element.
VIII. ALTERNATIVES TO THE PROPOSED PROJECT
CEQA Guidelines Section 15126(b) requires a discussion of
reasonable alternatives to the proposed project or to the
location of the project. An EIR need not consider an
alternative whose implementation is remote or speculative
(see Residents Ad Hoc Stadium Committee vs. Board of Trustees
(1979) 89 Cal. App. 3d 274).
11
NO PROJECT ALTERNATIVE
Findinq
Finding 3:
Specific economic, social or other
considerations make infeasible the mitigation
measures or project alternatives identified in
the EIR.
Facts in SUPPort of the Findin~
This project alternative could have the same potential
environmental impacts as the proposed Zone program could have
because the same business growth and expansions could occur
with or without the Zone program. This alternative may have
more impacts than the Zone project because the Enterprise
Zone program could provide financial incentives that could
allow business to upgrade the Zone area and reduce existing
blighted and economically depressed conditions.
Additionally, this alternative would not accomplish the
objective of the Enterprise Zone programs.
ALTERNATIVE FINANCING
Findinq
Finding 3:
Specific economic, social or other
considerations make infeasible the mitigation
measures or project alternatives identified in
the EIR.
Facts in Support of the Findin~
This project alternative would have similar impacts as the
proposed Enterprise Zone designation. However, this
alternative could be an environmentally inferior project if
alternative financing sources are not available to conduct
improvements and assist businesses. This alternative would
allow business expansion and relocation assistance only as
financing sources are located and funds become available.
The availability of funds could be dependent upon the source,
the marketability of bonds and whether or not local, state or
federal agencies have funds available. Other methods of
financing include the set up of an infrastructure financing
district or tax revenue.
REDUCED PROJECT AREA
Findin~
Finding
Specific economic, social or other
considerations make infeasible the mitigation
12
measures or project alternatives identified in
the EIR.
Facts in Support of the Findin~
This project alternative would reduce the proposed Enterprise
Zone area to a smaller geographical area. This project
alternative would not be preferred to the proposed project
because it would not significantly reduce or eliminate the
potential impacts associated with the proposed project. This
alternative would reduce accordingly any impacts associated
with the proposed project, however, there would be some
impacts associated with this alternative. The total project
area would have to be significantly reduced to a very small
area in order to reduce to insignificant levels any
identified impacts. A reduction of the project area to a
size that would not have any impacts would have to be so
small that it would probably not be viable and the state
would probably not designate a Zone Program to the city as a
result.
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EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
EXHIBIT B
~,.CALIFORNIA ENVIRONMENTAL QUALITY ACTS
'STATEMENT OF OVERRIDING CONSIDERATIONS
FOR THE ENTERPriSE ~ONE PROGI~M
The california Environmental Quality Act (CEQA) and the State CEQA
Guidelines provide that:
CEQA requires the decision maker to balance the benefits of a
proposed project against its unavoidable adverse risks in
determining whether to approve the project. If the benefits
of the proposed project outweigh the unavoidable adverse
environmental effects, the adverse impacts may be considered
acceptable.
Where the decision of the public agency allows the occurrence
of significant effects which are identified in the Final EIR
but are not mitigated, the agency must state in writing the
reasons to support its action based on the Final EIR and/or
other information in the record. This statement may be
necessary if the agency also makes the finding under Section
15091(a) (2) or (a) (3).
If any agency makes a statement of overriding considerations,
the statement should be included in the record of the project
approval and should be mentioned in the Notice of
Determination. )Section 15093 of the State CEQA Guidelines).
PROPOSED PROJECT
The City of Santa Ana has received designations from the State of
California as an Enterprise Zone. The Zone is composed of 6,044
acres and includes all portions of the following redevelopment
areas: South Main, South Harbor, Inter-City, and Downtown. In
addition the Zone includes many industrial and commercial areas
outside the project areas. The primary purpose of the Zone is to
enhance the economic vitality of an area through tax incentives
that encourage investment in the area. Companies and employees
operating/working in the Zone may utilize tax incentives not
available outside an Enterprise Zone. The tax incentives include
credits for equipment purchases, training and salaries for
employers and reduced taxable income for employees.
The project may have significant or certain substantial adverse
impacts on the environmental which cannot be fully mitigated.
Implementation of the Enterprise Zone could result in air quality
impacts that cannot be fully mitigated. These impacts are
identified in the Final EIR and in the Findings and Statements of
Fact included in the Final EIR.
: 157
158
The City of Santa Aha has determined that the unavoidable adverse
air quality impacts of the proposed project are acceptable when
balanced against the benefits of the project. The following
benefits are found to outweigh and make acceptable the unavoidable
adverse air quality impacts of the proposed project as described in
the Findings and Statements of Facts and the Final EIR.
The proposed project will support and enhance the economic climate
of the area, thus leading to additional employment opportunities
for area residents. In addition, temporary construction employment
may be provided as existing facilities are rehabilitated or new
buildings are constructed.
The Enterprise Zone may result in the development of new facilities
in the area which will enhance the property values. Increased
property values in redevelopment project areas may generate
additional ~evenue that can be utilized to enhance and upgrade
local infrastructure that is in states of despair or reaching
capacity.
Specific economic, social or other considerations make the
alternatives to the proposed project, identified in the Final EIR,
infeasible.
For the identified significant impacts which cannot be mitigated to
a level of insignificance, the city of Santa Ana finds that all of
the mitigation measures identified in the Final EIR are feasible
and have been required on the project by the Conditions of
Approval. The City of Santa Ana finds that the project benefits
outweigh the significant project impacts on air quality.
159
EXHIBIT C
MITIGATION MONITORING AND REPORTING PROGRAM
FOR THE
ENTERPRISE ZONE PROGRAM
1.0
:2.0
3.0
4.0
APPENDIX
A
TABLE OF CONTENTS
Paqe
INTRODUCTION ................................. 1
RESPONSIBILITIES ............................. 2
GENERAL PROCEDURES ........................... 3
MITIGATION MONITORING PROGRAM ACTIVITIES ..... 4
MITIGATION MONITORING VERIFICATION FORM
1.0 INTRODUCTION
This Mitigation Monitoring and Reporting Program for the Enterprise
Zone Program has been prepared in compliance with California Public
Resources Code Section 21081.6. Section 21081.6 states a "public
agency shall adopt a reporting or monitoring program for the
changes to the project which it has adopted or made a condition of
project approval in order to mitigate or avoid significant effects
on the environment. The reporting or monitoring program shall be
designed to ensure compliance during project implementation."
The City of Santa Ana is the Lead Agency for the implementation of
the Enterprise Zone Program and, therefore, is responsible for
implementing the Mitigation Monitoring and Reporting Program. As
the Lead Agency, the city of Santa Aha has prepared an
Environmental Impact Report for the Enterprise Zone Program. The
Environmental Impact Report addressed the potential environmental
impacts associated with implementation of the Program and
recommended mitigation measures as required to reduce impacts.
Since mitigation measures have been recommended, the City must
prepame a program to monitor and report the implementation of the
mitigation measures.
The Mitigation Monitoring and Report Program described in the
following sections states the responsibilities and duties of the
various parties in carrying out this monitoring program. A list of
the various mitigation measures that were recommended in the
Enterprise Zone Program Final Environmental Impact Report is
provided stating when each measure must be implemented and the
person/agency responsible for verifying that the measure has been
implemented.
2.0 RESPONSiBiLiTiES
The Mitigation Monitoring and Reporting Program (MMRP) for the
Enterprise Zone Program will be in affect throughout the fifteen
year life of the Enterprise Zone Program. The Mitigation
Monitoring and Reporting Program will be applicable to all phases
of the Enterprise Zone Program including the relocation of existing
businesses into the Zone, expansion of existing business within
the zone or the construction of new buildings in the Zone. The
monitoring and enforcement of the Mitigation Monitoring and Report
Program will be the responsible of the City of Santa Ana Planning
Division Environmental Coordinator. In addition, the City of Santa
Aha Community Development Agency Enterprise Zone Program Project
Manager will assist and share in the responsibility of implementing
and enforcing the Mitigation Monitoring and Reporting Program in
association with the Environmental Coordinator.
There will be other City of Santa Aha employees responsible for
assisting the Environment Coordinator in monitoring the
incorporation and implementation of the mitigation measures. City
employee staff members, within the various City departments, will
assist and advise the Environmental Coordinator regarding those
mitigation measures within their area of expertise. The various
City departments, in conjunction with the Environmental
Coordinator, will be responsible for monitoring the mitigation
measures.
3.0 GENEI~L PROCEDURES
The Environmental Coordinator will monitor, inspect, verif~ and
supervise the incorporation of all mitigation measures listed in
this reporting and monitoring program. The Environmental
Coordinator will also be responsible for the overall management of
the MMRP.
Verification forms will be completed and submitted to the
Environmental Coordinator in those situations where city staff,
other than the Environmental Coordinator, has the appropriate
expertise to verify and acknowledge that a specific mitigation
measure has been implemented. The completed verification for~s
shall be kept with this Mitigation Monitoring and Report Program
throughout the life of the Enterprise Zone Program. A sample copy
of the Verification Form is included as Appendix A.
If the Environmental Coordinator determines that a mitigation
measure has not been properly implemented, the Environmental
Coordinator shall assure the measure shall be implemented before
additional project approvals or permits can be issued.
163
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4.0 MITIGATION MON~TORIN~ PRO~R~ACT~VIT~ES
The following table lists the mitigation measures recommended in
the Final Environmental Impact Report, identifies the time the
mitigation measures must be implemented and the agency or City
department responsible for monitoring the mitigation measure. In
Table i below the following abbreviations are used: .
Environmental Coordinator
Public Works Agency
Planning Division
Building Division
EC
· PWA
PD
BD
Table i
Mitigation Monitoring Program Activities
Mitigation
Measure
Timing of
Implementation
Responsible
Agency/
Organization
Earth Resources=
All projects that
require building
excavation and/or
significant amounts of
grading shall have a
geotechnical soils
report approved by the
Public Works Agency
prior to the issuance
of grading and/or
building permits.
Hydrology/Drainage=
All projects shall
prepare a hydrology
study as applicable.
Ail projects shall
acquire all necessary
permits and approvals
from RWQCB and
incorporate all Best
Management Practices
as applicable.
Prior to the issuance
of grading or building
permits.
Prior to issuance of
grading or building
permits.
Prior to the issuance
of grading or building
permits.
4
EC
PWA
EC
PWA
EC
PWA
All construction
projects, involVing
clearing; grading and
excavation of land
totalling five acres
or more shall file for
and obtain all
necessary clearances,
permits, etc. from the
State Water Resources
Control Board for
National Pollutant
Discharge Elimination
System (NPDES) General
Permit for Storm Water
Discharges Associated
with Construction
Activity.
Ail construction on
properties located
within a 100 year
floodplain shall be
protected from a 100
year storm as required
by FEMA and the City
of Santa Ana.
~ultur&l Resources=
A cultural resource
survey shall be
conducted prior to
project approval for
sites that are vacant
and previously
undeveloped. Should a
records search
indicate the past
presence of cultural
artifacts on the site
a walk-over of the
site shall be
conducted prior to
grading. If during
the site walk-over it
is determined the
existing resources
could be significant,
additional measures
shall be incorporated
into the project to
Prior to the issuance
of grading or building
permits.
Prior to signing
improvement plans,
issuance of grading
permit or issuance of
building permit,
whichever occurs
first.
Prior to project
approval.
5
EC
PWA
EC
PWA
EC
PD
165
166
protect the artifacts
to the City's
satisfaction.
Should cultural
resources be uncovered
during grading or
building excavation,
all further work shall
cease until the
significance of the
site can be evaluated
by an archaeologist.
If the artifacts are
significant they may
have to be preserved
in accordance with the
CEQA Guidelines,
Appendix K,
Archaeological
Impacts.
A historical building
survey shall be
conducted prior to the
issuance of either
remodeling or
demolition permits for
those buildings
identified by City
Planning staff as
being potentially
historically
significant. The
historical survey
shall include a review
of the Historical
Orange County, Inc.
Fagade Easement Master
List and Downtown
Santa Ana Historic
District list. Should
a building be
identified as being
historically
significant, measures
shall be recommended
to preserve and/or
retain a historically
significant building.
During project grading
or building
excavation.
Prior to issuance of
demolition or building
permits.
6
EC
BD & PD
EC
PD
F
F
Tr&ff~c and C~rculation:
Traffic studies shall
be prepared for all
applicable projects in
the future to comply
with the Orange County
congestion Management
Program and the City
of Santa Ana's
practices for
completing a Traffic
Impact Analysis in
compliance with the
Congestion Management
Program. The traffic
studies shall include
traffic mitigation
measures whenever
potential traffic
impacts are
identified.
Ail feasible trip
reduction measures
shall be incorporated
into all projects.
All projects subject
to the City of Santa
Ana Transportation
Demand Management
Ordinance shall be
required to file a
trip reduction plan
with the Public Works
Agency.
Air Quality:
The Agency shall, in
conjunction with the
City Public Works
Department and
Planning and Building
Agency Development
Services Department,
continue to provide
bus service for
commuters. In
addition, busiturnouts
should be provided at
Prior to project
approval or issuance
of occupancy permits.
Prior to project
approval or issuance
of occupancy permits.
Prior to project
approval or issuance
of occupancy permits.
On-going program.
7
EC
PWA
EC
PWA
EC
PWA
EC
PWA
PD
167
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all bus stop locations
where possible, all
passenger waiting
areas should be
improved with a bus
shelter and bench,
paved, well lighted
handicap accessible
accessways should be
provided between the
bus stop and adjacent
buildings, and all bus
stop areas should have
adequate pavement
thickness to support
buses.
The City shall
continue to maintain
adequate pedestrian
and bicycle
circulation systems to
promote non-motorized
transportation.
Provide shade trees to
reduce building
heating and air
conditioning
requirements.
Use energy efficient
and automated controls
for new air
conditioners.
Use double glass pane
windows, when
applicable.
Provide preferential
parking spaces for
carpools and vanpools.
Use lighting controls
and energy efficient
lighting, as
applicable.
Use energy efficient
low sodium parking lot
lights, as applicable.
Prior to project
approval.
On-going program.
Prior to project
approval or building
permits.
Prior to issuance of
building permits.
Prior to project
approval or issuance
of occupancy permits.
Prior to project
approval or issuance
of building permits.
Prior to project
approval or issuance
of building permits.
8
EC
PWA
PD
EC
PD
EC
PD
EC
PWA
EC
PWA
EC
PWA
PD
EC
PWA
PD
£
£
£
Project construction
shall cease on days
with a Stage 2 or
greater smog alert.
10.
Suspend all grading
and excavation on
those days when wind
speeds exceed 25 miles
per hour.
ll.
Ail future development
projects within the
Enterprise Zone shall
be consistent with and
in compliance with all
applicable SCAQMD
rules and regulations
in affect at the time.
Ail construction
projects shall comply
with the City's Noise
Ordinance as
applicable.
Ail projects shall be
reviewed for potential
noise impacts to noise
sensitive land uses
such as schools,
hospitals, rest homes,
residential uses, etc.
Project construction
adjacent to or in the
vicinity of noise
sensitive land uses
shall be restricted to
times of the day that
construction can occur
and the noise level
that can be generated
from the site. This
criteria shall be
established by the
Planning and Building
Agency.
9
During project
construction.
During project
construction.
Prior to the issuance
of building permit
and/or grading permit,
whichever occurs
first.
Prior to project
approval or issuance
of building permits.
Prior to project
approval or issuance
of building permits.
EC
PWA
EC
PWA
EC
PD
PWA
EC
PWA
EC
PWA
PD
169
170
Ensrg~ Conse~vation:
Ail private
development projects
shall be reviewed by
the Energy Services
New Construction
Department at Southern
California Edison to
determine those
measures that can be
incorporated into a
project to reduce
electrical demands.
The City shall assist
an applicant, when
feasible, in providing
those energy
conservation measures
in the project that
can reduce electrical
energy consumption.
Police Proteotion~
All projects shall be
reviewed by the Police
Department prior to
project approval. All
measures recommended
by the Police
Department in
compliance with the
City's Security
Ordinance shall be
incorporated into each
project as applicable.
Water Services
Low-flush toilets,
faucets, etc. shall be
incorporated into all
projects as applicable
in compliance with the
City of Santa Ana and
the Uniform Plumbing
Code.
Insulation of hot
water lines in water
Prior to project
approval or issuance
of building permits.
Prior to project
approval or issuance
of building permits.
Prior to project
approval, issuance of
building permits or
occupancy permits.
Prior to project
approval, issuance of
10
EC
PWA
EC
PWA
PD
EC
PWA
EC
PWA
£
i
I
recirculating systems
shall be required.
The use of low
maintenance and water
consuming landscaping
shall be used whenever
feasible.
Wastsw&ter Servioe:
Low-flow toilets,
faucets, etc. shall be
incorporated into all
projects as applicable
in compliance with the
city of santa Aha and
the Uniform Plumbing
Code.
Solid Wastes
The City shall
encourage the
recycling of building
materials in
compliance with the
City's adopted
Recycling Element.
Schools:
The development of
projects that result
in new construction
shall pay developer
fees to the
appropriate district
as required.
Aesthetics~
During project
construction, where
the proposed project
adversely impacts
surrounding land uses
either visually,
aesthetically or
impacts the safety of
those land uses or
occupants, the
building permits or
occupancy permits.
Prior to project
approval, issuance of
building permits or
occupancy permits.
Prior to project
approval, issuance of
building permits or
occupancy permits.
Prior to project
approval, issuance of
building permits or
occupancy permits.
Prior to project
approval or issuance
of building permits.
Prior to the issuance
of either a grading
permit or building
permit, whichever
occurs first.
11
EC
PWA
EC
PWA
PD
EC
PWA
EC
PWA
EC
PD
PWA
171
applicant shall
provide appropriate
construction fencing.
Population and Hous~ng~
The City of Santa Ana
prepares annual
reports as required by
the State that allow
both SCAG and SCAQMD
the opportunity to
monitor the region's
progress towards
meeting the
jobs/housing preferred
ratio of 1.22. The
City of Santa Ana
shall be responsible
for monitoring project
impacts and
implementing a
mitigation monitoring
program as required to
achieve a more
balanced jobs/housing
ratio, vehicle trips,
vehicle miles
travelled and other
associated air quality
impacts as applicable.
On-going program.
12
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£
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APPENDIX A
173
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I~HTERPRXSB ZONE PROGRM( MITXG~TXON MONITORING PROGP.~M
SAMPLE ~OMPLIAN~B VBRIIPT~ATXON FORM
(Em'th, Water, Traff~
Location:. Omlte. Offsit~
Pro)ect Phase: Design
Constru~ion
Description of Activity/Method of Impb~m.,~tat~m:
Disposition:
Comments/Revisions:
IditiJatinn measure for the above-noted project pbace Jmpb'mp-*ed. No fuflher action is
required.
Mitigation n~asure f~r the above-norad project phace is not fully hnpsm,.,*ted. Further action
rtqulred. (Pkase explain helow)
TI~ mitigation n~astu~ for the above-noted project p~ is not in ~m~plinn~, Further action
r~qui~d. (Pka~ ~tplain b~lo~)
Completed by:
Title:
Date:
Approvexl by: Nan.:
Titis:
Date: