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HomeMy WebLinkAbout94-023 - Certifying a Final Environmental Impact Report4?_.5 RESOLUTION NO. 94~23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE GATEWAY CENTER PROJECT, MAKING CERTAIN FINDING WITH REGARD TO THE ENVIRONMENTAL EFFECTS OF THAT PROJECT, AND ADOPTING A MITIGATION MONITORING PROGRAM FOR THAT PROJECT. REL :5/9/94 WHEREAS, the Planning Commission, after duly noticed public hearing on May 9, 1994, recommended that the City Council approve a commercial development project at the southwest corner of Seventeenth Street and Tustin Avenue (the "Gateway Center Project"); and WHEREAS, an environmental impact report (consisting of a document entitled "City of Santa Ana Draft Santa Ana Gateway Center Environmental Impact Report, SCH #93121020," dated February 17, 1994, and a second document entitled "City of Santa Ana Final Santa Ana Gateway Center Environmental Impact Report, SCH ~93121020," dated May 2, 1994) (the "E.I.R.") has been prepared for the Gateway Center Project; 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 Gateway Center 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. 427 RESOLUTION 94-023 Page 2 ADOPTED this 16th day of ATTEST: ~/~ce C. Guy / ~l~rk of the Counci~ COUNCILMEMBERS: Young Aye Pulido Aye Lutz Aye McGuigan Aye Mills Ay~ Moreno Aye Richardson Aye May , 1994. ~y~r H'. ~oung~ / APPROVED AS TO FORM: City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange l, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution ~,;/-O,,9.~ to be the original resolution adopted by the City Council of the City of Santa Ana on ~"../~ - ~,~t/' Date: 2 /// Cl rk of C.ounf. c. ity of Santa Ana'-...._.~ A CALIFORNIA ENVIRONMENTAL QUALITY ACT STATEM-F NT OF FINDINGS OF FACT FOR THE SANTA ANA GATEWAY CENTER INTRODUCTION The California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Environmental Rules of the City of Santa Aha 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 Santa Ana Gateway Center (the "projecff) identified significant effects which may occur as a result of the proposed project. In accordance with the State Guidelines, the City of Santa Aha hereby adopts the findings in this report as part of the approval of the project. The City of Santa Ana has prepared an EIR for the proposed project in accordance with CEQA and the requirements of the State Guidelines. As mandated by CEQA, the EIR was subject to review and approval by the City of Santa Ana City Council. At a public meeting held on __ __, 1994, 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 Aha City Council approves the Santa Aha Gateway Center. The certification entails approval by the City Council of the EIR, a parcel map, a site plan, a minor exception to the City's parking requirements, a sign program variance under the sign ordinance, and an agreement for street improvements at the intersection of Tustin Avenue and Seventeenth Street. The certified EIR will provide the necessary information for environmental review of future building and grading permits required for the project. A Mitigation Monitoring Program consistent with the requirements of Public Resources Code Section 21081.6(a) has been prepared to monitor and report the implementation of the mitigation measures identified for the project. RESOLUTION 94-023 DESCRIIq'ION OF THE PROPOSF,,D PROJECT Thc proposed project includes the development of an 18.4 acre site located at the southwest corner of Seventeenth Street and Tustin Avenue. The project is consistent with th~ site's current zoning (C-I/Community Commercial) and general plan designation (General Business Distric0. With the exception of a restaurant and a bank which remain on site, the proposed project replaces an antiquated shopping center which had fallen into disuse. The proposed project entails development of 190,769 square feet of new commercial retail space in addition to the existing 15,976 square feet of bank and restaurant space, for a total of 206,745 square feet. HI. FINDINGS OF FACTS There am three possible findings under CEQA with respect to the significant effects of a project: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. 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. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. After reviewing the Final EIR and the public record on the project, the City of Santo Ana hereby makes the findings in Section IV, V, and VI regarding the significant effects of the Santa Aha Gateway Center, pursuant to Section 15091 of the State CEQA Guidelines. POTENTIALLY SIGNIFICANT EFFECTS DETERMINED TO BE MITIGABLE TO A LEVEL OF INSIGNIFICANCE LIGHT AND GLARE Significant Eff~ct~ The proposed project would create new sources of illumination on the site. An increase in illumination levels from the site would be perceptible on the blocks surrounding the site and would add to the ambient conditions off-site. - sonu xo 431 Nighttime illumination of the project buildings and parking areas will spill over ~nto the residential structures immediately south and southwest of the project site. Proposed commercial structures and surface parking areas could increase glare from the site, depending on the types of building materials used. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the ]SIR. Facts in Support of the Finding The significant effects have been substantially lessened to a level of insignificance by virtue of. the following mitigation measures identified in the Final EIR and incorporated into the project,t' Outside light fixtures shall be consistent with the City of Sant~ Aha Building Code, National Electrical Code, and the requirements of the City of Santa Aha Police Department and will be designed and installed at angles to reduce light intruding onto adjacent land uses. Prior to the issuance of a building permit, the applicant shall prepare a point by point computerized photometric study showing the light trespass into the adjacent residential neighborhood. The purpose of this study is to ensure the extent of offsite light impacts to the adjacent residential neighborhood will not exceed 0.2 candle foot. This study shall be submitted to the City of Santa Aha, Police Department, Crime Prevention Sergeant. To minimize excessive light and glare, building exteriors shall utilize a low reflectance glass. Mirrored glass and other highly reflective building materials shall not be utilized on the exterior of the building. Exterior building courts and corridor illumination shall be designed to minimize intrusive glare 'at nearby residences. Low level security lights shall be used along driveway entrances. All Outdoor lighting other than identification signage shall be directed from the perimeter of the property toward buildings and parking areas utilizing cut-off fixtures. Numben accompnnyiq mldeafion n~sun*cns in this documcnt ar~ th~ numbers anisned Ihosc measurcs in ~bc EIR. RESOLUTION 94-023 Plant materials, shade structures, and other architectural design features shall be used, where appropriate, to decrease reflectivity of hardscape and light and glare toward adjacent residences. Coordinating the photometric study with the Police Department will allow the project to fine-tune the lighting plan to provide the maximum amount of security possible while limiting overflow of nighttime lighting onto neighboring property. Emphasis on low-glare building materials will minimize light and glare during the daytime. TRANSPORTATION AND CIRCULATION - Bus Transit Traffic flow on Seventeenth Street and Tustin Avenue may be hindered by buses stopping at bus stops to pick up and drop off passengers. 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 EIR. Facts in Support of the Finding The significant effects have been substantially lessened to a level of insignificance by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 19. Construct eastbound bus turnout, a minimum of 70 feet in length, with transition to existing improvements on 17th to Tustin. 20. Construct southbound bus turnout, a minimum of 60 feet in length, with transition to existing improvements on Tustin to 17th. The bus turnouts have been designed to provide the maximum available use of buses as mass transit access to the project while at the same time reducing impacts on other traffic in the vicinity. This plan is intended to ensure that means of transportation other than single occupancy vehicles are available to project patrons and that the availability of such means creates a minimal impairment of existing traffic patterns. TRANSPORTATION AND CIRCULATION - Parking The proposed project has a parking deficiency of 77 spaces (6.7% of total spaces required). During grading and construction of the project, parking for the Wells Fargo Bank and Claim Jumper restaurant could be interrupted. -4- zsonu xo 9 -ox3 433 Finding Finding 1: Changes or alterations have been reqo?ed in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Facts in Support of the Findine The significant effects have been substantially lessened to a level of insignificance by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 21. Fifteen (15) parking spaces, or 20 percent of the spaces requested for this minor exception, shall be designated as '30 Minute Parking'. ~hese designated spaces shall be located throughout the parking areas di?ectly adjacent to decorative paved hardscaped sidewalks fronting Buildings D-H and 1. Additionally the parking should be located in those areas that would not require pedestrians to cross any vehicular drive aisles in order to access Buildings D-H and J. Curbs for these spaces shall be painted green. All signage shall be posted and included in the Center's proposed Planned Sign Program. 22. The project sponsor shall stage demolition of the existing parking lot and construction of the new parking lot to minimize impacts to patrons of the existing bank and restaurant. A staging plan shall be submitted to the Planning Division and Public Works Agency and approved prior to issuance of grading permits. 23. The project sponsor shall monitor delivery truck arrival/departure to ensure that no staging occurs on 16th Street or Williams Street. These mitigation measures are intended to provide direct access and parking in proximity to the precise destinations of patrons and delivery drivers. Specifically, in light of the parking exception, it is important that delivery trucks not park adjacent to 16th Street or Williams Avenue and that vehicles (non-delivery) making short trips in and out of Buildings G, H and J be provided short-term parking immediately adjacent to those buildings. The 7.2% difference between the City's usual parking requirements and parking provided by the project is also intended to give patrons to the center an incentive to use means other than single occupancy vehicles to reach the center. -5- RESOLUTION 94-023 ODOR The project creates the potential to affect residential land uses south of the project site from odor emissions generated by trash containment areas on the project site, depending on the types of tenants occupying the project. Based on the prospective tenant mix, the proposed project is not anticipated to create significant odor impacts on adjacent sensitive receptors. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the FAIR. Facts in Supoort of the Finding The significant effects have been substantially lessened to a level of insignificance by virtue of the following mitigation measure identified in the Final FAR and incorporated into the project. 34. In order to reduce the potential odor problems, disposal of trash at Smith's Superstore shall be restricted to covered containers or enclosed compactor containers. In addition there shall be other storage areas as shown on the site plan for recyclable materials. All other tenants in the center shall utilize trash enclosure areas with fully covered trash containers to reduce releases of unpleasant odors. These measures have proven to be successful when used in connection with other projects to eliminate the potential of odors from reaching sensitive residential uses. The grocery store is the project use that will include wet and dry waste. As a result, this component of the project will employ an enclosed and sealed trash compactor located on the side of the building not adjacent to the neighboring residential use. NOISE - Project Operation Most of the noise generated by project operation would be traffic-related. Specifically, the project would contribute to an increase in local traffic volumes, resulting in higher noise levels along local roadways. However, noise levels would remain within the normally acceptable ranges for sensitive uses in the project vicinity, as well as for commercial and office uses, except during deliveries. Overall, traffic- generated noise will contribute a maximum of 1.3 dBA to the local noise -6- RESOLUTION 94-023 435 environment, resulting in an imperceptible increase In noise levels in the project area. Delivery trucks using the rear access tothe buildings would intermittently generate high noise levels. Noise from the operation of the proposed shopping center, including air conditioners, trash compactors, refrigeration equipment, exhaust fans and mechanical equipment for loading dock operations would potentially affect the residential land uses adjacent to the project site if not properly mitigated. Finding Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect identified in the Final EIR. Fact in ~up_non of tho Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 40. If the plywood fence is constructed, within 48 hours of removal of the fence and prior to the issuance of a certificate of occupancy for Smith's, the applicant shall begin construction of a new contiguous concrete block wall for the entire length of the south property line in order to reduce long-term noise impacts. The wall along the Shady Lane residential neighborhood shall be of slumpstone material. Subject to final grading plans, the sound wall shall be a minimum of eight feet on the project side and a maximum of ten feet on the adjacent property to the south. 41. The loading dock for Smiths shall be located on the westerly side of the building fronting Williams Street rather than at the back (south) side of the building to minimize noise impacts to .residents directly south of the project site. In addition, the loading dock shall be designed so that the access is down a ramp from street level further helping to attenuate any noise created in the loading area. 42. The project sponsor shall construct a sound shield around the air conditioners at the Smith's store that provides 5 dBA of sound reduction to the south for ail equipment located within 100 feet of the south property line to keep the ambient noise level within acceptable limits. 43. The project sponsor shall not mount any external equipment on the south side of the building. 436 RESOLUTION 94-023 A telephone hotline number will be provided to residents south and west of the project to report any noise disturbances directly to the City of Santa Ana Planning Manager. The focus of these mitigation measures is to design the siting of buildings on the project to take into account adjacent uses. Buildings that can accommodate high volumes of traffic from customers and delivery trucks have been sited as far as possible from sensitive receptors. Mitigations have been designed to take into account residual impacts on neighboring uses. Impacts immediately adjacent to those uses will be mitigated through the block wall and residual impacts from the remainder of the project site will be mitigated through the use of sound shields and strategic placement of external equipment. Buildings D through H would be located near the south property line. Potential noise from long-term operation to properties on the other side of the property line include noise from loading docks and related noise from trucks. Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect identified in the Final EIR. Fact in Sup_oort of the Finding The significant effect has been substantially lessened to a level of insignificance by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project which shall be implemented at the time of occupancy and monitored during the long-term operation of the project. 45. Tenants shall keep all loading doors closed .unless loading or unloading is in progress. 46. Tenants shall post signs at the vicinity of the loading doors reading: 'No Horn Blowing'. 47. Tenants shall be prohibited from storage of any refrigerated trailers on-site, particularly in loading docks with compressors operating. 48. Tenants shall specify some means for trucks to signal tenants to open and close dock doors such as doorbells or buzzers or placement of a telephone near the loading dock to minimize the potential for horn blowing. -8- RESOLUTION 94-023 49. Tenants shall post a notice inside stores near the loading dOCks so that radio playing shall be curtailed while dock doors are open. 50. Tenants shall post notice inside stores that loading docks are not to be used as break areas, and excessive talking on the docks shall be curtailed. 51. Vehicles of a size equal to an SU-30 truck and larger shall be allowed to make deliveries only between thc hours of 9:00 am to 4:00 pm, Mondays through Saturdays and between the hours of 12:00 pm (noon) to 4:00 pm on Sunday. This applies to all businesses in buildings D-H to reduce peak traffic and mitigate noise generated by the delivery activity. 52. Prior to issuance of building permits for building D through FI the project sponsor shall show, on working drawings, the following mitigation measures (these measures shall be in place prior to issuance of initial occupancy permits): Erect a sound barrier around the rooftop air conditioners, where such air conditioners are within IIX) feet of the residential propen'y line, that provides a 5 dBA reduction in sound level. No buildings shall have mechanical equipment mounting or vented on the south side of the buildings. Erect an eight foot (8') wall on the south side of the open loading docks on Buildings D through F. Buildings (3 and FI do not require wall because the loading area is between buildings. Buildings D through H have the greatest potential for impacts on neighboring sensitive receptors, especially from delivery trucks. These mitigation measures are focused on those potential impacts. Specific measures controlling the ~ctual delivery metho4s, communications between delivery trucks and persons within the buildings, and hours of deliveries will have the effect of limiting any potential impacts on neighbors to a level of insignificance. 437 GEDLOGY AND HYDROLOGY - Earthquake Potential The proposed project has the potential to be affected by earthquakes and earthquake related hazards; mainly the effects of groundshaking. The project would be subject to strong ground motion during an earthquake. RESOLUTION 94-023 86. Project structures shall be designed and built in conformance with the Seismic Safety Element of thc City's General Plan, applicable portions of the Building and Municipal Codes and requirements of the Public Works Agency. New gas lines shall be equipped with automatic shut off valves that would be activated in the event of a major earthquake. 88. All potentially dangerous non-structural features of the project shall be tied into structural elements of thc building. Heavy equipment and other potentially hazardous objects shall be secured to floors and walls. 9. To assist in response to a seismic event, an emergency response and building specific evacuation plan shall be developed for the project and posted in each building. The,se mitigation measures are designed to ensure that buildings meet current reguhtory standards for seismic safety and, that if buildings are occupied during an ea~%hq.a~% ba?ards to occupants are minimized. , Ve SIGNIFICANT ENVIRONMFMTAL EFFECTS WHICH CANNOT BE AVOIDF. D 1~ THE PROJECT IS IMPLEMENTED TRANSPORTATION AND CBZCULATION - Project-specific and Cumuhtive Impacts The proposed project (including the restaurant and bank) will generate up to 23,455 daily trips, of which 716 trips will occur during the a.m. peak hour and of which 2,007 will occur during the p.m. peak hour. The I:.IR traffic analysis uses the adopted Santa Ana/Tustin Transportation System Improvement Program (SATTSIP). Taking into account (1) project-generated traffic, (2) project mitigations, (3) traffic generated from other entitled projects, and (4) mitigations from other entitled projects, it was determined that with implementation of the project, three intersections will operate at unacceptable levels of service: (1) Tustin Avenue and Santa Clara (a.m. only), (2) Tustin Avenue and Seventeenth Street (a.m. and p.m.), and (3) Tustin Avenue and Fourth Street (a.m. and p.m.). The l~.lR's traffic analysis also includes a broader evaluation of cumulative wa/ftc impacts coveting a larger area than the SATI'SIP model. Including cumulative backgwund traffic calculations, the proposed project will make an incremental contribution to cumulatively significant impacts on three intersections: (1) Tustin and Seventeenth, (2) Tustin and Fourth, and (3) Tusfin and Santa Clara. - 10 - RESOLUTION 94-023 Taking into account area-wide potential transportation improvements that could be completed as traffic increases, the project will make an incremental contribution to cumulatively significant impacts on two intersections: (1) Tustin and Seventeenth and (2) Tustin and Fourth. Changes or alterations have been required in, or incorporated into the project which avoid or subsUantially lessen the significant environmental effect identified in the EIR. Facts in Suoport of the Finding The significant effect has been substantially lessened, but not to a level of insignifieSnce, by virtue of the following mitigation measures identified in the Final Kr~ and incorporated into the project. 7. Construct northbound right-mm at southeast comer of Williams/17th. 8. Construct raised median a~d widen 17th Street. Acquire easement from property owners on north side of 17th Street for construction and maintenance of a traffic signal at 17th and the main entrance to the project site. 10. Construct raised median and widen Tustin Avenue. 11. Dedicate the required rights-of-way along Williams, 17th, and Tusfin to construct ultimate street improvements except as stated in mitigation measure 12. 12. Prior to the isauance of building permits, execute an agreement binding the owner as follows: a) to make an irrevocable offer to dedicate to the City the necessary right-of-way to complete the improvements at the southwest comer of Tustin and 17th and b) to fund the improvements. 13. Construct traffic signal at 17th and the project's main driveway entrance. 14. Modification of traffic signal at Tustin and 17th. 15. Modification of traffic signal at Tustin and Bentall driveway. 16. Acquire easement from adjacent property owner on Tustin immediately south of the project for modifications/alignment at Tusfin and the Bentall driveway. 440 RESOLUTION 94-023 17. The project sponsor shall implement a Transportation Demand Management Program CTDMP) included in Appendix C of the Traffic Analysis through the CC&Rs on the project. The TDMP shall (I) set a performance standard of a 15% reduction in trips otherwise anticipated, (2) require annual monitoring of traffic as compared to the standard, (3) contain a broad range of secondary TDM strategies to further reduce traffic, and (4) require that the project owners either pay a TDM penalty fee or implement the secondary strategies until the standard is met. 18. Participation in TSIA area-wide fee programs. 24. In addition to project specific mitigation measures listed above, the project sponsor shall participate in the TSIA area wide traffic fee programs. The project will cause four intersections immediately adjacent to the project currently operating at acceptable level of service to operate at unacceptable levels of service (80% of capacity or higher). Mitigation measures nos. 7 through 11, and 13 through 16 require the project proponent to complete all City master-planned improvements for those adjacent intersections and adjacent roadways on all fight-of-way owned by the proponent and through acquisition of right-of-way from the owner of property on the north side of 17th Street and on Tustin Avenue immediately south of the project. Mitigation measure no. 17 is designed to further reduce traffic impacts on those roadways and intersections through implementation of a Transportation Demand Management Program. The TDMP is designed to ensure that vehicle trips to the project are reduced by 155 from average levels generated for similar projects of Mitigation measure no. 18 on the project requires the pwponent to pay at the time of building permit issuance $1,054,952 in Santa Ana/Tustin Transportation System Improvement Area CTSIA) fees and $436,861 in Orange County Transportation Management Fees as its pro rata contribution to transportation improvements designed to mitigation area-wide traffic conditions, including traffic attributable to the project. These fees are based on current ordinances and are triggered at the time of building permit issuance. These ordinances are subject to change prior to that issuance. Some changes or alterations are within the responsibility or jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts in Suo~ort of the Finding, The EIR states that the following potential improvement would mitigate cumulative traffic impacts at the intersection of Tustin and Santa Clara. However, jurisdiction sCSS626 ' 12- RESOLUTION 94-023 over designing and funding improvements at this intersection is within the joint jurisdiction of the cities of Tustin and &ama Ana. Tustin at Santa Clara - Construction of dual northbound and southbound left- tom lanes. The Cities of Santo Aha and Tustin have entered into a joint powers agreement to jointly identify and fund necessary transportation improvements in a Transportation System Improvement Area crSIA) identified by the two cities. Under the joint powers agreement, the two cities agr__,~_ to jointly administer the collection and expenditure of T$IA fees. The cities have also agreed to jointly prioritize transportation improvements. The intersection of Tustin at Santa Clara is within the coq~orate jurisdiction of the City of Santa Aha, but is within the TSIA area covered by the joint powera agreement. This potential improvement has not been identified as a TSIA improvement. If the proposed project is developed immediately, cumulative traffic conditions at the intersection will not reach unacceptable levels. (See EIR Table 8.) However, if every entitled project considered in the EIR is developed, and is developed prior tn the project, the project could have the effect of pushing the level of service at this intersection to an unacceptable level. Construction of dual northbound and southbound left-tom lanes at the intersection of Tustin and Santa Clara was identified in the EIR as a possible improvement to the intersection, but because the need for the improvement has not been substantiated at this time, the cities have not adopted the improvement as part of the joint powers agreement plan. The Santa Aha City Council hereby recommends that pursuant to their joint powers agreement, the cities of Tustin and Santa Aha (1) continue to monitor traffic at the intersection of Tustin and Santa Clara, and (2) if Waffle reaches unacceptable levels, identify specific improvements for this intersection and add them to the TSIA program to be funded with TSIA fees, or other appropriate action. (A discussion of this improvement's feasibility is included with Finding 3, below.) At such time as the impwvement is included in the TSIA program, the project proponent would pay for its pro rata share of this improvement through payment of the new TSIA fee as applicable. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. 441 Facts in Suonort of the Findin~ The gm. states that the following potential improvements could mitigate cumulative traffic impacts at the corresponding intersections. However, the specific economic, - 1 ~- 442 RESOLUTION 94-023 social, or other considerations set forth below make the mitigatio.n measures infeasible. Tustin at 17th Street - Dedication of a fee interest of the necessary fight-of- way and immediate completion of a second east-bound lane and an east-bound right mm at the southwest coroer of Tusfin Avenue and 17th Street. Mitigation measure no. 12 requires the project proponent to enter into an agreement with the City to complete these improvements and to make an irrevocable offer of dedication prior to issuance of permits. Although the project proponent has approached the Claim Jumper regarding purchase of this interest at this time, the Claim Jumper has no interest in selling the right-of-way. Therefore, immediate implementation of these improvements is economically and legally infeasible. Floweve~, the agreement with the City required under mitigation measure no. 12 provides for construction of these improvements as soon as the proponent has the legal opportunity to acquire the Claim Jumper interest. The agreement provides for the immediate deposit with the City of the funds necessary to complete the improvements at the time the right-of-way is available. The City Council has reviewed the overall cost of exactions and fees due as conditions on the proposed project and has concluded that those exactions and fees represent the project proponent's reasonable share of transportation improvements necessary to address cumulative traffic impacts. The City Council finds that requiring this potential improvement in addition to those exactions and fees would violate the requirement of Government Code Section 66005 that exactions and fees on development projects be reasonably related to impacts created by those projects. Tustin at Santa Clara - Construction of dual northbound and southbound left- lanes. The City Council has reviewed the overall cost of exactions and fees due as conditions on the proposed project and has concluded that those exactions and fees represent the project proponent's reasonable share of transportation improvements n~essary to address cumulative traffic impacts. The City Council finds that requiring this potential improvement in addition to those exactions and fees would violate the requirement of Government Code Section 66005 that exactions and fees on development projects be reasonably related to impacts created by those projects. Tustin at Fourth - Provision of a free westbound right-mm lane, and conversion of an eastbound thru lane to an eastbound left-mm lane. Pursuant to their joint powers agreement, the cities of Tustin and Santo Ant have identified the westbound improvements at this intersection as a priority to be funded with TSIA fees. Through payment of these fees, the project sponsor will contribute - 1 ~ - RESOLUTION 94-023 443 its pro rata share to the construction of these improvements as calculated under the TSIA program. Construction of eastbound improvements at this intersection was identified in the EIR as a possible improvement to the intersection, but because the need for the improvement has not been substantiated at this time, the cities of Tustin and Santa Aria have not adopted the improvement as part of the joint powers agreement plan. The Santa Aha City Council hereby recommends that pursuant to their joint powers agreement, the cities of Tustin and Santa Aha (1) continue to monitor eastbound traffic at this intersection, and (2) if traffic reaches unacceptable levels, identify specific improvements for this intersection and add them to the TSIA program to be funded with TSIA fees, or other appropriate action. At such time as the improvement is included in the TSIA program, if TSIA fees have not yet b. een levied on this project, the project proponent would pay for its pro rata share of this improvement through payment of the new TSIA fee. The City Council has reviewed the overall cost of exactions and fees due as conditions on the proposed project and has concluded that those exactions and fees represent the project proponent's reasonable share of transportation improvements necessary to address cumulative traffic impacts. The City Council finds that requiring this potential improvement in addition to those exactions and fees would violate the requirement of Government Code Section 66005 that exactions and fees on development projects be reasonably related to impacts created by those projects. Tustin at 17th - Addition of a westbound right-mm lane, a third southbound thru lane, a second westbound left-toro lane, and a northbound fight-toro lane and conversion of a northbound right-toro lane to a shared northbound thru/fight-mm lane. Pursuant to their joint powers agreement, the cities of Tustin and Santa Aha have identified these improvements at this intersection as a priority to be funded with TSIA fees. Through payment of these fees, the project sponsor will contribute its pro rata share to the construction of these improvements as calculated under the TSIA program. The City Council has reviewed the overall cost of exactions and fees due as conditions on the proposed project and has concluded that those exactions and fees represent the project proponent's reasonable share of transportation improvements necessary to address cumulative traffic impacts. The City Council finds that requiring this potential improvement in addition to those exactions and fees would violate the requirement of Government Code Section 66005 that exactions and fees on development projects be reasonably related to impacts created by those projects. 444 ~so~u~o~ 9~-023 AIR QUALITY - Short-term Construction-related Impacts Potenti,lly significant construction-related emissions would consist primarily of dust generated from earthmoving, excavation, and other construction activities, hydrocarbon emissions from paints and asphalt, exhaust emissions from construction equipment, and motor vehicle emissions associated with the construction activities. Construction-generated dust would contribute to the relative high existing background PM,o levels for approximately 32 weeks, particularly during the first four weeks when mass grading of the site would be conducted. Average PM~o levels would be 19.8 pounds per day during construction which would be substa~tlal!y below the SCAQMD threshold ,limit. Diesel-powered construction equipment and construction workers' travel would result in lo~1i7~1 exhaust emissions. Construction emissions would be below the threshold limits for CO, ROC, and PM,o emissions. However, emissions of NO, would exceed the SCAQMD threshold limit of 100 pounds per day, resulting in a short-term significant impact to the air quality in the immediate vicinity of the project site. Sensitive receptors in the project vicinity would be significantly a~fected by the tempora~ increase in local pollutant levels due to construction~related activities. Findin~ Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Facts in 5uooort of Findin~ The significant effects have been substantially lessened, but not to a level of insignificance, by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 25. All unpaved demolition and construction areas shall be wetted at least twice a day during excavation and construction, and temporary dust covers shall be used on soft piles to reduce dust emissions and meet SCAQMD Rule 403. 26. All grading activities shall cease during periods of high winds (i.e., greater than 25 knots). 27. General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. During construction, trucks and vehicles in loading and unloading queues shall be kept with their engines off, when not in use, to reduce vehicle emissions. $CS~S6~.6 -16- ESOLUT O 9 -023 445 28. Construction activities shall be phased and scheduled to avoid emission peaks and shall be discontinued during second-stage smog alerts.. 29. Prior to the issuance of Certificate of Occupancy of Smith's Superstore, until construction on those pads commences, to minimize dust generations, any of building pads A, B, D-H, I or L not under construction, in Building Department Plan Check or it can be shown to the satisfaction of the City that Plan Check is imminent, then said building pads areas shall be provided with interim landscaping, as follows: Building D-H, wildflower mix; Buildings A, B, I, L, planted with turf grass. 30. Wheel washers shall be installed where vehicles exit unpaved roads onto paved roads or wash off trucks and any equipment leaving the site before every trip. Althougi-s complete mitigation of these short-term air quality impacts from construction is not possible, these mitigation measures include all mitigation measures commonly used by regulatory agencies and recommended by the AQMD for mitigation of construction-related impacts. The relatively short project construction schedule set forth in the EIR and these mitigation measures are designed to ensure that the duration of these impacts will be as short as possible and that impacts will be minimized to the greatest extent feasible for that duration. AIR QUALITY - Project Operation Impacts The project would create air quality impacts from stationary seurees due to natural gas and electrical consumption. However, the project's greatest impacts would be increases in emissions from mobile sources. Motor vehicle emissions would be the largest source of pollutants. Nevertheless, the EIR concludes that future carbon monoxide emissions would be less than existing levels due to the on-going vehicle exhaust control programs that will produce a cleaner running vehicle fleet for 1995 compared to that for 1993. Emissions of carbon monoxide (CO), Reactive Organic Compounds (ROC), and Nitrogen Oxides (NO,) would exceed their corresponding threshold AQMD limits, resulting in significant impacts. Sensitive receptors in the project vicinity, including the Western Medical Center and the Carehouse Convalescent Center, could be affected by the increase in local CO levels due to project-generated traffic as well as the high ambient pollutant concentrations projected for the area. $C$362.6 - 17- 446 RESOLUTION 94-023 Because Orange County is designated as a non-attainment area for ozone (Ch), carbon monoxide (CO), nitrogen oxides (NO~), and particulates (PMm), the project contributes incrementally to cumulatively significant impacts in these areas. Findine 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 EIR. Facts in Surmon of Findin~ The significant effects have been substantially lessened, but not to a level of insignificance, by virtue of the following mitigation measures identified in the Final SIR and.incorporated into the project. 31. Implementation of a TDMP (mitigation measure 1~. 32. Implementation of the following measures would mitigate on-road mobile source emissions by the maximum emission reduction efficiency: ROC NO. CO - l~ovide on-site employee services such as0.2- 0.3. 0.3- cafeterias (restaurants), banks, etc. 3.4% 4.5% 4.5% Construct off-site bus turnouts 0. I- 0.1- 0.1- 1.0% 1.3% 1.3% - Synchronize traffic lights on streets impacted by the proposed development. 4.0- 4.0- 4.0- 8.0% 8.0% 8.0% - Include retail services adjacent to residential subdivisions. 1.0- 1.3- 1.3- 4.0% 6.0% 6.0% Qualitative Measures - The applicant in coordination with the City of Santa Aha shall implement an on-site circulation plan in parking lots to reduce vehicle queuing. Not quantifiable - The applicant in coordination with the City of Santa Aha shall contribute to regional transit systems such as right-of way and capital improvements. Not quantifiable - 18 - RESOLUTION 94-023 33. Bicycle racks shall be provided on-site to encourage alternative modes of tr~.nsportation by employees. Mitigation measure no. 31 is designed to further reduce traffic impacts with commensurate reductions in air quality impacts through implementation of a Transpox~afion Demand Management Program (TDMP). The TDMP is designed to ensure that vehicle trips to the project are reduced by 15% from average levels generated for similar projects of similar size. Although complete mitigation of these air quality impacts from mobile sources is not possible, mitigation measures nos. 31 through 33 include all mitigation measures commonly used by regulatory agencies and recommended by the AQMD for mitigation of impacts generated from vehicular sources. NOISE :' Short-term Construction Noise Construction of the proposed project would intermittently generate high noise levels on and adjacent to the site. The loudest noise from construction activities would affect sensitive receptors in the project vicinity for a period of approximately 32 weeks, the estimated duration of project construction. Residents immediately south of the site would experience intermittent noise levels of up to 89 dBA. Residents to the southwest would experience noise levels of up to 74 dBA, and the Carehouse Convalesgent Center would experience noise levels of up to 71 dBA. Findin~ Changes or alterations have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effect identified in the ErR. Facts in SuD~°rt of Findin~ The significant effects have been substantially lessened, but not to' a level of insignificance, by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 35. All outdoor construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m., Monday through Saturday. No construction activities shall be permitted on Sundays or federal holidays. 36. All construction equipment, stationary or mobile, shall be equipped with properly operating and n~intained muffling devices. RESOLUTION 94-023 37. Stationary construction equipment shall be placed such that emitted noise is directed away from residential land uses. Temporary noise barriers, enclosures or shrouds shall be used, when appropriate, to reduce noise emitted from stationary construction equipment. 38. A wall profile shall be provided to the City for review and approval prior site plan approval. 39. Prior to the issuance of a grading permit, the applicant shall erect one of the following: a) a temporary plywood fence or b) a permanent wall, along the entire length of the south property line in order to reduce short-term noise and dust impacts. Subject to final grading plans, the temporary fence or permanent wall shall be a minimum of eight feet on the project side and a maximum of ten feet on the adjacent property to the south. The temporary f~nce (if constructed) shall stay in place until the grading and construction of smith's is complete or the permanent wall construction has commenced. Although complete mitigation of these short-term noise impacts from consU'uction is not possible, these mitigation measures include all mitigation measures commonly used by regulatory agencies for mitigation of construction-related impacts. The relatively short project construction schedule set forth in the ErR and these mitigation measures are designed to ensure that the duration of these impacts will be as short as possible and that impacts will be minimized to the greatest extent feasible for that duration. PUBLIC SERVICES AND UTILITIES The City finds that the project would contribute to cumulatively significant impacts on some public services and utilities. Cumulative Impacts on Sewer Systems The proposed project would result in a net increase of approximately 41,405 gallons of wastewater per day or 15.1 million gallons per year. Although based on current land use zoning for the project site, the existing infrastructure serving .the project site in Williams Street would have sufficient capacity to serve the proposed project (see discussion of sewage impacts in Section VI, below). However, upon completion of the project, the existing system would be near capacity, which is a cumulatively significant impact. SC$~626 -20- RESOLUTION 94-023 449 Finding, Changes or alterations have been required in, or incorporat~l into, the project which avoid or substantially lessen the significant environmental effect identified in the EIR. Facts in Suo~ort of Finding This cumulatively significant effect h~ been substantially lessened, but not to a level of insignificance, by virtue of the following mitigation measures identified in the Final EIR and incorporated into the project. 71. Site planning and final design for the project shall be coordinated with the Orange County Sanitation Districts (OCSD). All requirements of the OCSD and the City shall be incorporated into the final design of the project. Prior to issuance of building permits, the project sponsor shall obtain all permits, pay all fees, and construct all facilities required by the City in order to provide an acceptable level of sewage treatment service. This project is in conformance with existing general plan designations for the site. The sewer infrastructure for the vicinity has sufficient capacity for uses anticipated under those designations. However, there is the possibility that amendments to the geneaal plan would require additional capacity in the infrastructure and that this project, in connection with projects approved under the revised designations, would create a cumulatively significant impacts on that infrastructure. Cumulative SoHdWastelmpacU The development of the proposed project would result in a net increase of 1,335 pounds of waste per day or 244 tons per year over existing uses. Waste generated by the project would be transported to the Sunset Environmental Materials Recovery Facility. Non-recyelable solid waste will be transported to the Bee Canyon Landffil for disposal. Because of the life expectancy of county landfills and the difficulty in opening new landfill sites, this project, in connection with other projects generating solid waste, will contribute to a cumulatively significant reduction in local landfill capacity. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the SCS.3626 RESOLUTION 94-023 450 Facts in Suo~ort of Findine This cumulatively significant effect has been substantially lessened, but not to a level of insignificance, by virtue of the following mitigation measures identified in the Final ~IR and incorporated into the project. 79. In accordance with the City's Solid Waste Integrated Management Plan, the project sponsor shall prepare and submit a Source Reduction and Recycling Plan to the Public Works Agency and the Planning Division, prior to issuance of occupancy permits. The Plan shall document and outline the incorporation of an on-sim recycling/conservation program. 80. The design of the recycling system shall facilitate source separation and collection of additional materials that may be designated as recyclable by the City in the future. 81. Prior to issuance of Certificate of Occupancy for Smith's, the Gateway Center merchants shall form an agreement to monitor litter cleanup on a daily basis. This cleanup program will be defined as set forth in the CC&Rs and funded by all parties. Although complete mitigation of these impacts is not possible, these mitigation measures include all mitigation measures commonly used by regulatory agencies and known to the City to address impacts from solid waste. It would be infeasible for this project to be conditioned on expansion of existing landfills. However, ongoing tipping fees paid by this and other new developments will provide a revenue source for future development of new landfills or recycling facilities. MITIGATION MEASUBF-~ FOR IMPACTS CONSIDEI~ED TO BE LESS THAN 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 to be mitigated under CEQA. Because these impacts are insignificant but can be still be made mitigated somewhat, the City has identified mitigation measures for them. The impacts determined to be less than significant and the corresponding mitigation measures incorpora~d into the project are described below. -~- RESOLUTION 94-023 ENERGY Energy would be consumed during site preparation for grading operations and material transfer by heavy-duty equipment. Energy would also be consumed in the operation of haul trucks used to transport excavated materials to the designated landfill. Conslruction of the project would require approximately 183.7 million BTUs of direct energy. The project would result in a net increase in electrical consumption of 5.9 million kWh per year or 60.2 billion BTUs annually. Development of the proposed project would result in a net increase in natural gas consumption of approximately 6.8 l~illlon cubic feet per year or 7.6 billion BTUs annually. Total building energy consumption including natural gas and electricity representa a net increase of an estimated 67.9 billion BTUs per year over existing uses. Energy consumption from mobile sources would result in a net increase of 2,401,386 gallons of fuel per year, or 336.2 billion BI'Us annually. Total energy consumption would result in a net increase of an estimated 404.4 billion BTUs annually. 53. 54. 55. 56. 57. 58. The new shopping center will be constn~cted to comply with Title 24 of the California Code of Regulations established by the California Energy Commission regarding energy conservation standards. These standards relate to insulation requirements, glazing, lighting, shading, and water and space heating systems. The project sponsor shall consult with the Southern California Edison Company and the Southern California Gas Company regarding feasible energy conservation measures that could be incorporated into the design of the project. Install occupant controlled light switches to permit individual adjustment of lighting. Control mechanical systems (I-IVAC) in the buildings with timing systems to prevent accidental or inappropriate conditioning of unoccupied space. Built-in appliances, refrigerators, and space-conditioning equipment should exceed the minimum efficiency levels mandated in the California Code of Regulations. Implementation of a TDMP (mitigation measure 17). RESOLUTION 94-023 45Z PUBLIC SERVICES AND UTILITIF.._.S The City has incorporated the following mitigation measures into the project to further reduce the insignificant impacts on public services and utilities identified below. Service Effect The project would have an insignificant effect on the existing water system's ability to provide adequate fire-flow. Fire protection for the project is considered adequate, 59. Th; project sponsor shall consult with the San'. Aha Fire Department during project design and prior to initial occupancy of the buildings to discuss and implement such features as emergency access and emergency evacuation plans. Definitive plans and specifications shall be submitted to the SAFD prior to issuance of occupancy permits. Requirements for necessary permits must be satisfied prior to commencement of any portion of the proposed project. The project sponsor has submitted the final site plan, which shows the accessways and turning areas for Fire Department approval. The project shall comply with all applicable City and State fire cedes and ordinances as well as the Public Safety Element of the General Plan. 61. Sprinkler systems shall be required, in accordance with the San,. bna Fire and Building code requirements. Police Service Additional police personnel or equipment would not be required to adequately serve this site. The proposed project would result in a potential but insignificant security problem due to the design of the walkway and parking at the south perimeter of the Smith's building which would result in a poorly surveyable area of the parking lot. 62. The project sponsor shall consult with the City of Santo bna Police Department's Crime Prevention Unit on the design and implementation of a security plan for the project. This plan shall be approved by the Chief of Police. The security plan will require the use of private security guards to monitor and patrol the project site during construction and operation. Said RESOLUTION 94-023 453 security guard obligation shall be reviewed with the Police Department of Santa Ana after six months of Smi~ Superstore opening and annually thereafter for any modification to the security obligation based upon observations by the Parcel owners and Police Department incident reports. 63. The site will be designed with parking areas that provide good illumination, minimum dead space, and maximum store visibility to eliminate areas of concealment and opportunities for crime. The project sponsor shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of its occurrence. 65. Upon completion of the project, and prior to occupancy, the project sponsor shall provide a diagram of the completed project to the Santa Arm Police I2epartment. The diagram will include access routes, unit numbers, and any information that might facilitate police response. The project will comply with the provision of the City of Santa Ana Building Security Ordinance (regarding lighting, visibility, haxdware, etc.) found in Chapter 8, Article 2, Division 3 of the Santa Aha Municipal Code. 67. The pwject sponsor shall ensure that on-site consumption Of alcoholic beverages occurs only in approved areas of facilities licensed for on premise sales of alcoholic beverages. Schools Employment opportunities created by the proposed project are anticipated to be filled by the local labor force, which would create some impacts on the Tustin Unified School District. 68. Prior to issuance of a building permit, the project sponsor shall pay appropriate fees to the Tustin Unified School District. -:'5- RESOLUTION 94-023 454 Water The proposed project would result in a net increase in water consumption of an estimated 47,616 gallons of water per day, or 17.4 million gallons per year over existing uses. Based on current land use zoning for the site, the existing water infrastructure serving the project site would have sufficient capacity to serve the proposed project. 69. Water conservation and management techniques shall be incorporated into the design, construction and operation of the project including the installation of fixtures that use reduced volumes of water, landscaping irrigation in early morning or evening hours to reduce water lost to evaporation and use of drought tolerant plant species for new landscaping. 70. The City of Santo Aha Fire Department will determine the precise fire flow requirements from the proposed project during its review of the final project plan. The design and implementation of any required on-site improvement to provide the fire flow requirement, such as the proposed loop water system, determined during site plan review will be borne by the project sponsor. Storm Drains The majority of site runoff (approximately 85-90%) will be conveyed by underground storm drains to the existing culvert on Williams Street which has the capacity to accept site runoff. The remaining site runoff will flow into the existing storm drains in Seventeenth Street and Tustin Avenue, which are adequate. 73. Project design for the conveyance of site runoff must be approved by the City Public Works Agency and the Orange County Flood Control District, prior to issuance of grading permits for the project site. 74. A surface drainage plan showing the project design for the conveyance of site runoff must be approved by the City Engineer prior to issuance of grading permits for the project site. SCS36~.6 -26- RESOLUTION 94-023 455 All paved areas shall be designed to carry surface water to the nearest practical street or storm drain. Concentrated flows of water from parking areas shall not flow by gravity over any Public property or pedestrian walkway, but shall be collected in an appropriate manner within the property confines and conducted under the sidewalk except where approved by the Public Works Agency. 76. The project sponsor shall file a report with the City and the Regional Water Quality Control Board (RWQCB) which complies with the requirements of the National Pollution Discharge Elimination System (NPDES) permit for stormwater discharge, including the full description of the discharge and the demonstration of compliance with EPA specified effluent limits. The project sponsor shall comply with the guidelines and policies of the RWQCB and all local responsible agencies. Solid Waste - Project Construction Effect Project consu'uction would cream an insignificant impact on solid waste facilities through the disposal of approximately 6,100 cubic yards of din excavated for the project. 77. Prior to issuance of grading permits the project sponsors shall submit a haul route for the removal of construction related solid waste which would include measures to reduce dust and control din spilled on roadways. 78. The sponsors shall explore recycling or other means of disposing of excess soil rather than disposal in a landfill. Soil excavated during construction could be used at other construction sites within the area requiring fill for projects, and may not need to be transported to a landfill. Asphalt removed from the project site can be sold to blacktop recycling companies. GEOLOGY AND HYDROLOGY Export of Excavated Material Grading for the proposed project will require the export of approximately 6,100 cubic yards of soil in order to create developable pad areas and to allow proper drainage. $CS36~.6 - Z7- Grading will result in the disruption and compaction of soils previously graded and covered with the former use. 82. Prior to issuance of grading permits, all plans and calculations for grading, on- site conveyance of drainage and interim erosion control shall be submitted to the Environmental Coordinator, the Public Works Agency and Building Safety Division for Plan Check. 83. Prior to commencement of grading, qualified geotechnical consultants (soils engineer, engineering geologist, and their representatives) shall be employed for the purpose of observing earthwork procedures and testing the fills for conformance with the recommendations for earthwork and grading set forth in the geotechnical report. A haul route shall be prepared and approved by the Environmental Coordinator and the Public Works Agency for exported soil material. Haul mutes shall be established, where possible; through non-residential areas so as tO minimize the effects of noise and dust. 85. Soil or other materials that may be spilled on the roadways from construction operations shall be removed by the project sponsor by the end of each working day, per SCAQMD Rule 403. Also see mitigation measures for air quality impacts. Hydrology The project would create insignificant changes in absorption rates, drainage patterns, and the amounts of impervious surfaces on the site. However, the amount of surface runoff is not expected to change significantly. During construction, portions of the site could be exposed to elements which could cause insignificant erosion. Prior to the issuance of Certificate of Occupancy of Smith's Superstore, until consmacfion on those pads commences to minimize dust generation, any of building pads A, B, D - H, J or L not under construction, in Building Department Plan Check or it can be shown to the satisfaction of the City that -28- RESOLUTION 94-023 457 Plan Check is imminent, then said building pad areas shall be provided with int~qm landscaping, as follows: Building D-I-I, wildflower mix; Buildings A, B, J, L, planted with turf grass. Effect Increased automobile traffic and parking due to project development would likely result in an increasing concentration of contaminates in storm runoff. The project would produce similar pollutants as at the existing sim, but there would be an increase in the quantity of these pollutants. Resulting levels would stilt remain insignificant. 91. Prior to the commencement of construction activities, the project sponsor shall submit a schedule for timely removal and proper disposal of landscape debris, construction debris, fuel and chemical residue or other type of potentially harmful residue from areas susceptible to runoff. 92. During periods of rain or when water is used during construction, runoff shall be diverted from areas exposed by construction through the use of berms (sand bags) or other such devices to minimize stormwater contamination and prevent sediment-filled runoff from being deposited in City storm drains. 93. Parking area maintenance and sweeping shall be conducted a minimum of three times a week (without the use of water) to reduce the amount of pollutants entering the City storm drain system. 94. Hu?ardous materials used by future tenants (dry cleaning, auto parts stores, etc.), shall be properly stored and located to prevent contact with precipitation or runoff. All receptacles containing toxic materials shall be protected from rainfall so that runoff from the project site does not contain contaminants. Effective monitoring and cleanup programs for spills and leaks of ba?arflous materials shall be prepared by owner for approval by the appropriate agencies (Santa Aha Fire Department, Santa Aha Planning Division, County Health Agency, etc.). 95. Should any project-generated sediment be deposited in City or County storm drains, the project sponsor shall immediately fund any required clean-up to the satisfaction of the City of Santa Aha Public Works Agency and the Orange County Flood Control District. - 29 - 458 RESOLUTION 94-023 The project would result in the disturbance of more than five acres of land area. 96. The project sponsor shall file a report with the City of Santa Aha Public Works Agency and the Regional Water Quality Control Board (RWQCB) which complies with the National Pollution Discharge Elimination System (NPDES) permit for stormwater discharge, including the full description of the discharge and the demonstration of compliance with EPA specified effluent limits. The project sponsor shall comply with the guidance and policies of the City Engineer and the RWQCB. 97. l~he project sponsor shall prepare a comprehensive, long-term post- construction stormwater management plan, incorporating structural and non- structural best management practices. Effect The existing bank building may contain Asbestos Containing Building Materials. 98. The project sponsor shall prepare an operations and maintenance plan for Asbestos Containing Building Materials (ACBMs) that are not removed, possibly in the Wells Fargo Bank building, and shall establish and maintain employee notification as required by the Connelly Bill. The project will require site plan review including review of landscape plans. 99. The design of the project is subject to site plan review and approval prior to the issuance of any permits to upgrade the property. An architectural theme shall be developed and initiated throughout the entire project to tie the buildings together. -30- RESOLUTION 94-023 101. Prior to issuance of building permits a landscape plan shall be approved by the Landscap~ Devel.o, pment Associate. This plan must be consistent with the Building Division s set of working drawings (including the grading plan approved by the Public Works Agency.) For all street trees removed, the applicant shall fund the replacement of street trees. The quantity and type of street trees shall be replaced as specified by the Public Works Agency. The site shall be inspected and approved by the City Case Planner and Landscape Development Associate. All landscaping and irrigation for the entire site shall be completed and approved prior to issuance of oocupancy. CUL~ Ia~.qOURCES Effect Excavation and grading may uncover historic or prehistoric resources not previously uncovered. In the event that cultural resources are encountered on the project site during the course of construction, all earthmoving activity in the area of the impact shall cease until the project sponsor retains the services of a qualified archaeological consultant, who shall examine the findings, assess their significance and offer recommendations for any procedures deemed appropriate to either further investigate or mitigate impacts to those cultural resources which have been encountered. VII. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT Section 15126(d) of the State CEQA Guidelines requires that EIRs describe a ,'range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the Project, and evaluate the comparative merits of the alternatives.' Four alternatives to the proposed project were identified: (1) No-Project Alternative, (2) Mixed-Use Retail/Office Alternative, (3) Reduced Intensity Alternative, and (4) Mixed Use ~ Retail and Multi-Screen Theater Alternative. The.~ four alternatives are discussed below. Alternative locations for the project were also evaluated. In the initial stages of EIR preparation, the City identified and considered two alternative sites for the project but ruled them out as infeasible. The first, a 5.91 acre parcel at the comer of First Street and Golden Circle, is a vacant lot used to grow strawbemes. The second site is a 9.7 acre site located on Fourth Street at the I-5 Freeway. Both sites were dismissed from consideration early in the process because both were too small to accommodate the SCS3626 -31- project or any of the project alternatives, including the environmentally superior alternative. The anticipated need of significant acreage at both sites as right-of-way for the I-5 widening made each site even less viable as an alternative location. NO-PROJECT ALTERNATIVE Under the No-Project Alternative, the proposed project would not be developed. The bank and restaurant would remain on site, and the remainder of the site would remain vacant, at least until future piecemeal development occurred. The environmental characteristics of this alternative would be generally those currently existing on the site and, for the foreseeable future, the site would remain blighted and vacant. Additionally, this alternative would fail to fulfill all project objectives. This alternative would result in a net reduction in CO, ROC and NO~ emissions due to the on-going vehicle exhaust control programs that will produce a less polluting fleet for 1995 compared to that for 1993; vehicular emissions of PMto per mile are expected to remain the same. However, as the trip length is estimated to be slightly longer in 1995 than in 1993, this alternative would generate 280 vehicle miles per day more than the number of Vehicle miles traveled per day by existing uses resulting in a negligible increase in PMt0 emissions. Stationary emissions, which result from energy consumption, would be the same as existing under this alternative, and would remain negligible. This alternative would emit approximately 352.16 pounds per day of CO, 39.77 pounds per day of ROC, 33.81 pounds per day of NO~, 0.17 pounds per day of SOx, and 4.10 pounds per day of PM~0, for a net decrease of 46.33 pounds of CO, 8.27 pounds of ROC, and 4.7i pounds of NOx, and a net increase of 0.07 pounds of PM~o. Energy consumption would remain as under existing conditions, representing approximately 95% less building energy demand than the proposed project. Transportation energy consumption would be approximately equal to existing conditions, resulting in approximately 88% less consumption of vehicular fuel than the project. This alternative would have no impacts on fire protection and emergency services, but could result in security concerns such as the potential use of the site by homeless people. It would create no impacts from water consumption and would create no demands on sewer or solid waste systems. It would avoid all impacts from light and glare, noise, excavation and grading, drainage, seismic ha,-rds, and increases in contaminants entering the storm drains. SCS36~6 -$~- RESOLUTION 94-023 4Gl MIXED-USE RETAIL/OFFICE ALTERNATIVE The Mixed-Use Retail/Office Alternative would result in 157,000 square feet of new construction, resulting in a shopping center 20% smaller than the proposed project. With the existing restaurant and bank, the shopping center development under this alternative would total approximately 173,000 square feet, for a total of 78,012 square feet of supermarket, 60,000 square feet of office space, 18,090 square feet of retail, and 898 square feet of restaurant added to the existing restaurant on site. With the exception of the supermarket, this alternative would not include the neighborhood commercial component. Compared to the project and other development alternatives, this alternative would be the environmentally superior alternative. Although the impacts from this alternative would be similar to the project impacts in the areas of light and glare and geology and hydrology, it would lessen impacts in the areas of traffic and circulation, air quality, noise, and public services and utilities. Compared to the project, this alternative would generate approximately 142 fewer trips during the a.m. peak hours (or 269; less) and 722 fewer trips during the p.m. peak hours (or 419; less). Compared to the proposed project, this alternative would reduce CO emissions by 744.26 pounds per day, ROC by 81.05 pounds per day, NOx by 68.18 pounds per day, and PMm by 9.16 pounds per day. Although this would represent a reduction in these emissions, they would still exceed SCAQMD threshold limits for CO, ROC, and NO.. This alternative would reduce construction noise impacts and would reduce noise from vehicle trips and deliveries. This alternative would consume 13% less building energy than the project. Use of vehicle fuel would increase 1.3 million gallons per year over existing uses, but would result in 43% less consumption than the proposed project. Water consumption would be 26% less than the proposed project and solid waste generated would be 26% less. REDUCED INTENSITY ALTERNATIVE The Reduced Intensity Alternative would retain the existing uses and develop the site with a varied land use that would be consistent with the general character of the area. This alternative would include new construction of a 78,012 square foot superstore, 46,090 square feet of specialty retail, and 898 square feet of restaurant space. Net development in addition to the existing uses would be 125,000 square feet. This alternative would be a neighborhood commercial center similar to the proposed project, but of reduced density. Although the impacts from this alternative would be similar to the project impacts in the areas of light and glare and geology and hydrology, it would lessen impacts in the areas of traffic and circulation, air quality, noise, and public services and utilities. scsS626 -S3- RESOLUTION 94-023 46Z This alternative would generate 74 fewer a.m. vehicle trips than the proposed project (or 14.% less) and 691 fewer p.m. trips (or 40% less). Compared to the proposed project, this alternative would result in a net decrease of 691.98 pounds of CO; 75.14 pounds of ROC, 64.80 pounds of NO,, 0.17 pounds of SO., and 8.60 pounds of PM~o. Although this alternative would generate a reduction in these emissions, they would still exceed SCAQIVlD threshold limits for CO, ROC, and NOx. This alternative would reduce construction noise impacts and would reduce noise from vehicle trips and deliveries when compared to the proposed project. This alternative would result in consumption of 27% less building energy and 41% less vehicle fuel than the proposed project. Water consumption would be 32% less than the proposed project, wastewater generated would be 32% less, and solid waste generated would be 30% less. Generally, this alternative would be environmentally superior to the proposed project, but not superior to the Mixed Use Retail/Office Alternative. MIXED USE - RETAIL AND MULTI-SCREEN THEATER ALTERNATIVE The Mixed Use - Retail and Multi-Screen Theater Alternative would include a varied land use consistent with the general character of the area. This alternative would be comprised of a 78,012 square foot superstore, 898 square feet of restaurant, and a 1,500 seat multi-screen movie theater in addition to the existing 7,000 square feet of bank and 8,976 square feet of restaurant space. The proposed project's specialty retail shops would not be included. Although the impacts from this alternative would be similar to the project impacts in the areas of light and glare and geology and hydrology, it would lessen impacts in the areas of traffic and circulation, air quality, noise, and most public services and utilities. However, it would cause a much higher amount of solid waste gefieration due to a much higher generation rate for movie theaters. This alternative would generate a total of 12,698 daily vehicle trips, more than any other alternative. However, compared to the proposed project, this alternative would generate approximately 365 fewer trips during the a.m. peak hours or (68% less) and 828 fewer trips during the p.m. peak hours (or 48% less). Compared to the proposed project, this alternative would represent a net decrease of 589.24 pounds of CO, 63.53 pounds of ROC, 56.26 pounds of NOx, 0.25 pounds of SOu, and 7.44 pounds of PM,o. Although this option would result in a reduction in these enfissions, they would still exceed SCAQMD threshold limits for CO, ROC, and NOx. Construction noise wouM be less than that generated by the proposed project and the reductions in vehicle trips and deliveries would result in fewer noise impacts. This alternative would consume 30% less building energy and 34% less vehicular fuel than -34- the proposed project. It would consume 51% less water annually than the project, and 50% less wastewater. It would generate 468% more solid waste than the proposed project. 464 RESOLUTION 94-023 EXHIBIT B STATEMENT OF OVERItlDING CONSIDERATIONS 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 at least substantially mitigated, the agency shall state in writing the specific 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 a finding under Section I5091(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.) Project benefits are defined as those improvements or gains to the community that would not occur without the proposed project. IMPACTS FROM PROPOSED PROJECT As stated in Section V of the Statement of Findings of Fact for the Santa Aha Gateway Center accompanying this Statement of Overriding Considerations, the proposed project would have the following significant unavoidable environmental effects: (1) project- specific and cumulative traffic impacts, (2) short-term construction related impacts and project operation impacts on air quality, (3) short-term construction noise impacts, (4) cumulative impacts on sewer systems, and (5) cumulative solid waste impacts. I '~OJECT BENEFITS The City Council finds that the proposed project would provide the following overriding social and economic benefits to the City of Santa Aha and the region. A. New Revenue to the City The City estimates that total sales generated from the Santa Aha Gateway Center will be as follows: JAR3403 485 Annual Projected Sales Smith's Food & Drug Marshalls Petsmart Staples Buildings H, J, A, B Claim Jumper* Wells Fargo $25,r~00,000 $6,000,000 $5,000,000 $4,0O0,000 $6,000,000 increase of $600,000 annually N/A *current restaurant sales are declining based upon the deterioration of the site Virtually all sales activities will be subject to local sales tax which will create new revenues for the City. B. Employment Opportunities The proposed project will help achieve the City's objective of providing employment opportunities for existing and future residents of the City as follows: Merchant/Tenant No. of New Employees Smith's Food & Drug 200 Marshalls 60 Petsmart 35 Staples 30 Buildings H, J, A, B 50 Claim Jumper N/A Wells Fargo N/A C. Urban Renewal throu~,h Site and Landscape Improvements The project site is currently an eyesore to the community and surrounding area. Previous buildings on the site were underutilized and dilapidated. These conditions are known to depress neighborhood property values. The new development would incorporate new dc,.ign and landscape techniques wtdch should enhance property values on site while providing adequate buffers for adjacent residential uses. The proposed project would provide an attractive retail and restaurant establishment for the surrounding business community. Because the project is proposed to be developed as an integrated whole, the project will provide the benefits eg an integrated architectural, landscaping, and JAR3~03 -2- RESOLUTION 94-023 signage scheme. This plan will result in an harmonious physical and visual environment that piecemeal development of the site would not provide. Neighborhood Services The project would provide the following new retail opportunities and services that are not currently available to the nearby older residential area: A full line grocery superstore which provides greater selection and variety beyond what is available in the area currently. Apparel shopping and office supplies that will be readily available within walking distance of both the residential community and the strong concentration of businesses within the immediate project vicinity. Planned restaurants with hardscape and attractive outdoor amenities and landscaping that will provide a gathering place for patrons and citizens of the community. ALTERNATIVES EVALUATION Section 15126(d) of the State CEQA Guidelines requires that EIRs describe a "range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the Project, and evaluate the comparative merits of the alternatives." Section VII of the Statement of Findings of Fact for the proposed project outlines the following four alternatives to the proposed project: (1) No-Project Alternative, (2) Mixed-Use Retail/Office Alternative, (3) Reduced Intensity Alternative, and (4) Mixed Use - Retail and Multi-Screen Theater Alternative. A. No-Proj¢Cl Alternative Under the No-Project Alternative, the proposed project would not be developed. The bank and restaurant would remain on site, and the remainder of the site would remain vacant, at least until future redevelopment occurred. Although this altern~ .ce would avoid or reduce the environmental impacts ~,. discussed in Exhibit A (Findings Regarding Alternatives to the Proposed Project), it would not achieve the project objective of developing a new neighborhood shopping center to serve the household retail needs of the local residents in this part of San',a Aha and nearby Tustin. Furthermore, this alternative would not provide any of the project benefits outlined in Section II, above. Although piecemeal development over time might produce new revenues to the City, it would not produce the revenues in the near- term or to the extent a master-planned development would provide them. This JAR3403 -3- RESOLUTION 94-023 48] alternative would not provide the employment opportunities anticipated. Urban renewal of the site would not oe-~uf in the near-term and the advantages of master-planning would be lost. Neighborhood services would not be provided at this time, and the City would lose the opportunity to enhance its image through construction of a major gateway project. Mixed-Use Retail/Office Alternative The Mixed-Use Retail/Office Alternative would result in 157,000 square feet of new construction, resulting in a shopping center 20% smaller than the proposed project. With the existing restaurant and bank, the shopping center development under this alternative would total approximately 173,000 square feet, for a total of 78,012 square feet of supermarket, 60,000 square feet of office space, 18,090 square feet of retail, and 898 square feet of restaurant added to the existing restaurant on site. With the exception of the supermarket, this alternative would not include the neighborhood commercial component. Compared to the project and other development alternatives, this alternative would be the environmentally super/or alternative. Although this alternative would avoid or reduce the environmental impacts discussed in Exhibit A (Findings Regarding.Alternatives to the Proposed Project), it would not achieve the project objective of developing a new neighborhood shopping center to serve the household retail needs of the local residents in this part of Santa Ana and nearby Tastin to the extent provided by the proposed project. Furthermore, this alternative would not result in the project benefits outlined in Section II, above, as fully as the proposed project. Substitution of office space for 20% of retail space would impair the City's ability to collect sales tax for businesses in that space, presumably by a corresponding 20%. Urban renewal of the site would not occur in the near-term and the advantages of master- planning would be lost because it has not been demonstrated that this alternative is economically viable at this time. Neighborhood services would not be provided to the extent the proposed project would provide them. Reduced Intensity Alternative The Reduced Intensity Alternative would retain the existing uses and develop the site with a varied land use that would be consistent with the general character of the area. This alternative would include new construction of a 78,012 square foot ouperstore, 46,090 square feet of specialty retail, ana 898 square feet of restaurant space. Net development in addition to the existing uses would be 125,000 square feet. Ires alternative would be a neighborhood commercial center similar to the proposed project, but of reduced density. JAR3G03 -4- RESOLUTION 94-023 Although this alternative would avoid or reduce the environmental impacts discussed in Exhibit A (Findings Regarding Alternatives to the Proposed Project), it would not achieve the project objective of developing a new neighborhood shopping ,~enter to serve the household retail needs of the local res;dents in this pan of Santa Ana and nearby Tustin as completely as the proposed project. Furthermore, this alternative would not provide the project benefits outlined in Section II, above, to the extent the proposed project would achieve. The reductions in retail space would impair the City's ability to collect sales tax for businesses in that space, presumably in commensurate percentages. Fewer employment opportunities would be provided. Urban renewal of the site would not occur in the near-term and the advantages of master-planning would be lost since it has not been demonstrated that this alternative is economically viable at this time. Neighborhood services would not be provided to the extent the prqposed project would provide them. Mixed Use - Retail and Multi-Screen Theater Alternative The Mixed Use - Retail and Multi-Screen Theater Alternative would include a varied land use consistent with the general character of the area. This alternative would be comprised of a 78,012 square foot superstore, 898 square feet of restaurant, and a 1,500 seat multi-screen movie theater in addition to the existing 7,000 square feet of bank and 8,976 square feet of restaurant space. The proposed project's specialty retail shops would not be included. Although this alternative would avoid or reduce the environmental impacts discussed in Exhibit A (Findings Regarding Alternatives to the Proposed Project), it would create substantially greater solid waste impacts. Also, due to the reductions in specialty shops, it would not achieve the project objective of developing a new neighborhood shopping center to serve the household retail needs of the local residents in this pan of Santa Ana and nearby Tustin to the extent the proposed project would allow. Furthermore, this alternative would not provide the project benefits outlined in Section II, above, to the extent the proposed project would. The substitution of movie theaters -- where admission is not subject to local sales tax -- and reductions in retail space would impair the Cit.~'s ability to collect sales tax for businesses in that space, presumably in commensurate percentages. The less labor-intensive theater use would provide fewer employment opportunities. Urban renewal of the site would not occur in the near-term and the advantages of master-planning would be lost ~mce it has not been demonstrated that this alternative is economically viable at this time. Neighborhood services would not be provided to the extent the proposed project would provide them. Although the Smith's store would provide some retail opportunities, they would not include the specialty retail uses included in the proposed project. -5- RESOLUTION 94-023 483 STATE54~,NT OF OVERRIDING CONSIDERATIONS The City Council hereby finds that despite thc incorporation of all thc mitigation measures outlined in the Findings of Fact on the proposed project, certain environmental impacts remain which cannot be mitigated to a level of insignificance. The City Council finds that these unmitigable impacts are outweighed by the project benefits described above and are therefore acceptable. Furthermore, for the reasons di~ussed above, the project alternatives identified in the EIR will have greater environmental impacts than the project, will not meet the project objectives, or will not provide the project benefits to the same extent as the project. Therefore, for the reasons described in detail above, these economic, social, and other considerations make the project alternatives identified in the EIR infeasible. 470 ' RESOLUTION 94-023 City of Santa Aha EXHIBIT C FINAL SANTA ANA GATEWAY CENTER Mitigation Monitoring Program SCH # 93121020 May 2, 1994 ~epared~n Contact Person: City of Santa Ana Planning Division 206 West Fourth Street Santa Aha. CA 92702 Charles View, Senior Planner Environmental Sciencl Associates, Inc. 4221 Wilshim Blvd. Suite 480 LOs Ang-.ies. Cailfomia 90010-3512 (213) 933-6111 "- ESA RESOLUTION 94-023 L0 2.0 A B TABLE OF CONTENTS INTRODUUI]ON PROGRAM MANAGEMENT Mitigation Monitoring Plan Sample Compliance Verification Form 4 RESOLUTION 94-23 SANTA ANA GATEWAY MITIGATION MONITORING PROGRAM Lead Agency City of Santa Ana Planning Division 206 West Fourth Street Santa Ana, CA 92702 (714) 667-2700 Contact: Charles View, Senior Planner Prepared in cooperation with the City of Santa Aha by: Environmental Science Associates. Inc. 4221 Wilshire Boulevard. Suite 480 Los Angeles, CA 90010 (213) 933-6111 Contact: Nancy Ferguson, Senior Associate Applicant: Smith's Food and Drug Centers, Inc. 1550 South Redwood Road Salt Lake City, UT 84104 (801) 467-8484 Contact: Wade Williams, Real Estate Department May 2, 1994 ~so~u~o~ ~-o~ 473 TABLE OF CONTENT,~ Section 1.0 2.0 A B INTRODUCTION PROGRAM MANAGEMENT Mitigation Monitoring Plan Sample Compliance Verification Form PaL~_fi 4 474 RESOLUTION 94-023 1.0 INTRODUCTION 'me State of California Public Resources Code § 21081.6 (AB 3180) requires that a lead or responsible agency must adopt a mitigation monitoring or reporting program when approving or carrying out a project where an environmental document, either an Environmental Impact Report (EIR) or Mitigated Negative Declaration has identified measures to reduce potential adverse environmental impacts to levels that are less than significant. The City of Santa Ant is the lead agency for the Santa Aha Gateway Center project and, therefore, is responsible for implementation of the mitigation monitoring program. An EIR has been prepared for this project which addresses the potential environmental impacts and, where appropriate, recommends measures to mitigate these impacts. As such, a mitigation monitoring program is required to ensure that adopted mitigation measures are successfully implemented. Section 2 describes the roles of responsible parties in implementing and monitoring the adopted mitigation measures, and generally describes the program procedures. Attachment A contains the mitigation measures for the project and identifies the timing of the implementation or verification of each measure, the method of verification, and the party responsible for verifying that the measure is successfully implemented. The applicant is responsible for the implementation of each measure, and the City representative is responsible for verifying that the measure has been satisfactorily completeti tiuough plan check, field inspections, and/or written evidence submitted to the City by the applicant, or the applicant's agent, which verifies that the measure has been successfully implemented. Attachment B contains a sample "compliance verification" form which can be used to report the project's compliance of each measure. The City may develop alternative forms for use in compliance verification. -1- RESOLUTION 94-023 475 2.0 PROJECT MANAGEMENT The mitigation monitoring program (M/vIP) for the development of the Santa .ama Gateway Shopping Center will be in place through all phases of the project, including design, construction, and operation. Enforcement of the MMP will be the responsibility of the City of Santa Ana. The primary City personnel responsible for verifying compliance with the mitigation measures are listed below, with the Environmental Coordinator, Planning Division, Planning and Building Agency having the primary role of coordinating the compliance verifications of all other parties. These parties, or designated assignees, are responsible for ensuring that the mitigation measures are implemented by the applicant and are vested with the authority to act accordingly. Planning and Building Agency Planning Manager Senior Planner, Development and Environmental Coordination Environmental Coordinator Case Planner Landscape Associate Public Works Agency Develo~I~ent En~neefin~ Division Engineering Services Manager Enterprise Coordinator Fire Department · v ' 'vi i Fire Marshal Police Department Community Services Division Deputy/Chief Building Division Inspection Services Manager Senior Plan Check Engineer Water Resources Division Water Resources Manager Police Adqlillistration Community Services Specialist -2- RESOLUTION 94-023 The Enviwnmental Coordinator, or designated assignee, will, primarily through plan checks and field inspections, supervise the design and construction of the project, and will be responsible for the overall management of the MMP. The above noted designated "monitors" shall oversee elements of the MMP and review compliance through the use of complianee verification forms to be developed by the City and supported by the Environmental Coordinator. A sample of a compliance verification form is provided in Agachment B. Designated monitors shall ensure compliance verification forms are filled out correctly and proper action is being taken on each measure. Designated monitors will also be responsible for filing and updating the verification forms during all phases of the project~ During the design and construction phases, the designated monitors from the Planning and Building Agency will determine the need for a measure to be modified and ensure the use of a mitigation specialist, such as a consulting engineer, if technical expertise beyond the monitor's ability is required. If it is found that an adopted mitigaxion measure is not being properly implemented, the designated monitors shall require corrective actions to ensure adequate implementation. -3- RESOLUTION 94-023 APPENDIX A: MITIGATION MONITORING PROGRAM LIGHT AND GLARE Outside light fixtures shall be consistent with the City of Santa Ana Building Code, National Electrical Code, and the requirements of the City of Santa Aha Police Department and will be designed and installed at angles to reduce light intruding onto adjacent land US~S. Timin~ of Imnlementation/Verification Prior to building permit issuance; verify prior to occupancy Method of Verification Architectural and electrical plan check; photometric study; and field inspection Responsible Parties Environmental Coordinator, Case Planner, Planning Division; Community Services Specialist. Police Administration Prior to the issuance of a building permit, the applicant shall prepare a point by point computerized photometric study showing the light trespass into the adjacent residential neighborhood. The purpose of this study is to ensure the extent of offsite light impacts to the adjacent residential neighborhood will not exceed 0.2 candle foot. Tiffs study shall be submitted to the City of Santa Ana, Police DeparUnent~ Crime Prevention Sergeant. Timine of Implementation/Verification Prior to building permit issuance Method of Verification Architectural and electrical plan check; photometric study; field inspection Responsible Parties City of Santa Aha Police Depamnent, Crime Prevention Sergeant To minimize excessive light and glare, building exteriors shall utilize a low reflectance glass. Mirrored glass and other highly reflective building materials shall not be utilized on the exterior of the building. Timing of Implementation/Veil fication Prior to building permit issuance; verify prior to occupancy Method of Verification Amhitectural plan check and field inspection RESOLUTION 94-023 Responsible Parties Environmental Coordinator, Case Planner, Planning Division; Inspection Services Manager, Building Division Exterior building courts and corridor illumination shall be designed to minimize intrusive glare at nearby residences. Low level security lights shall be used along driveway entrances. Timine of ImotementationFqefification Prior to building permit issuance; verify prior to occupancy Method of Verification Architectural and electrical plan check; field inspection Responsible Parties Environmental Coordinator. Case Planner, Planning Division; Police Administration All outdoor lighting other than identification signage shall be directed from the perimeter of the property toward buildings and parlOng areas utilizing cut-off fixtures. Timin~ of Imnlementation/Verifieation Prior to building permit · isSUance; verify prior to occupancy Method of Verification Architectural and electrical plan check; field inspection Responsible Parties Environmental Coordinator, Case Planner. Planning Division; Police Administration Plant materials, shade structures, and o~her architectural design features shall be used, where appropriate, to decrease reflectivity of hardscape and light and glare toward adjacent residences. Timin~ of Implementation/Verification Prior to building permit issuance; verify prior to Certificate of Occupancy issuance Method of Verification Site construction drawing plan check and landscape plans Resv, onsibl¢ p~rties Landscape Associate, Environmental Coordinator. Case Planner, Planning Division -5- RESOLUTION 94-023 479 7. Construct northbound right-mm at southeast comer of Williams/17th. Timine of Implement ationfVerificafion Prior to Certificate of Occupancy issuance Resrmnsible Parties Field inspection Environmental Coordinator, Planning Division, Engineering Services Manager. Development Engineering Division 8. Construct raised median and widen 17th Street. Timine of lmolementation/Vefi fication Prior to Certificate of Occupancy issuance Field inspection Res_~onsible Parties Environmental Coordinator, Planning Division; Engineering Services Manager, Development Engineering Division 9. Acquire easement from property owners on north side of 17th Street for construction and maintenance of a traffic signal at 17th and the main entrance to the project site. Timine of Imnlementation/Verification Prior to building permit issuance Vri] i Building plan check Responsible Parties Environmental Coordinator, Plann~ing Division; Engineering Services Manager, Development Engineering Division 10. Construct raised median and widen Tustin Avenue. Timine of Implementation/Verification Prior to Certificate of Occupancy issuance Method of Vefifiqation Field inspection Responsible Parties Environmental Coordinator, Planning Division; Engineering Services Manager, Development Engineering Division -6- 480 RESOLUTION 94-023 11. Dedic~ the required rights-of, way along Williams, 17th. and Tustin to construct ultimate see, et improvements except as stated in mitigation measure 12. Timing of Imolementation/Vefification Prior to building permit issuance Method of Verification Building, grading and off-site impmvemem plan check Resnonsible Parties Environmental Coordinator, Planning Division; Engineering Services Manager, Development Engineering Division 12. Prior to the issuance of building permits, execute an agreement binding the owner as follows: a) to make an irrevocable offer to dedicate to the City the necessary right-of-way to complete the improvements at the southwest comer of Tustin and 17th and b) to fund the improvements. Timine of Imnlementation/Vefi fication Prior to building permit issuance Method of Verification City Council approval; verification of written agreement Responsible Parties Environmental Coordinator, Planning Division; Engineering Services Manager, Development Engineering Division; City Council 13. Construct traffic signal at 17th and the project's main driveway entrance. Timine of Implementation/Verification Prior to Certificate of Occupancy issuance Method of Verification Final inspection Responsible Parties Environmental Coordinator, Planning Division; Engineering Services Manager, Development Engineering Division; City Council 14. Modification of traffic signal at Tustin and 17th. Timin~ of Implementation/Verification Prior to Certificate of Occupancy issuance Method of V~fification Field inspection Resnonsible Pan'ies Environmental Coordinator, Planning Division; Engineering Services -7- RESOLUTION 94-023 Manager, DevelopmentEngineering Division 15. Modification of traffic signal at Tusfin and Bentall driveway. Tilnine of lmolementation/Vefification Prior to Certificate of Occupancy issuance Method of Verification Field inspection l~esoonsible Parties Environmental Coordinaton Planning Division; Engineering Services Manager, Development Engineering Division 16. Acquire easement from adjacent property owner on Tusfin immediately south of the project for modifications/alignment at Tustin and the Bentall driveway. Timin~ of Imnlementation/Vefification Prior to building permit issuance Method of Verification Grading and off-site improvement plan check Responsible Parties Environmental Coordinator, Planning Division; Engineering Services Manager, Development Engineering Division 17. The project sponsor shall implement a Transportation Demand Mahagement Program (TDMP) included in Appendix C of the Traffic Analysis through the CC&Rs on the project. The TDMP shall (1) set a performance standard of a 15% reduction in trips otherwise anticipated, (2) require annual monitoring of traffic as compared to the standard, (3) contain a broad range of secondary TDM strategies to further reduce traffic, and (4) require that the project owners either pay a TDM penalty fee or implement the secondary strategies until the standard is met. Timine of lmolementation/Vefification Condition of Certificate of Occupancy; on-going during life of project Method of Verification Written report to be provided by the project sponsor or representative annually; recorded TDMP in project's CC&Rs Responsible Parlies Engineering Services Manager, Development Engineering Division; Public Works Agency; Project Sponsor or representative -8- 482 RESOLUTION 94-023 18. Participation in TSIA a~a-wide fee programs. Timin¢, of Implementation/Verification Prior to issuance to building permits Written verification of canceled checks Responsible Parties Engineering Services Manager, Development Engineering Division; Public Works Agency Bus Transit 19. Construct eastbound bus turnout, a minimum of 70 feet in length, with transition m existing improvements on 17th to Tustin. Timing, of Implementation/Verification Prior to Certificate of Occupancy issuance Method of Verification Grading and off-site improvement plan check; field inspection Responsible Parties Environmental Coordinator, Planning Division; Engineering Services Manager, Development Engineering Division 20. Construct southbound bus turnout, a minimum of 60 feet in length, with transition to existing improvements on Tustin to 17th. Timing of Implementation/Verification Prior to Certificate of Occupancy issuance Method of Verification Grading and off-site improvement plan check; field inspection Responsible Parties Environmental Coordinaton Planning Division; Engineering Services Manager, Development Engineering Division RESOLUTION 94-023 483 21. Fifteen (15) parking spaces, or 20 percent of the spaces requested for this minor exception, shall be designated as "30 Minute Parking". These designated spaces shall be located throughout the parking areas direcdy adjacent m decorative paved hardscaped sidewaLks fronting Buildings G, H and J. Additionally the parking should be located those areas that would not require pedestrians to cross any vehicular drive aisles in order to access Buildings D-H and I. Curbs for these spaces shall be painted green. All signage shall be posted and included in the Center's proposed Planned Sign Program. Timin~ of ImDlementationPqerification Prior to Ce~ficate of Occupancy issuance Striping, grading and building plan check: Field inspection Responsible Parties Environmental Coord!nator, Case Planner. Planning Division; Engineering Services Manager, Development Engineering Division 22. The project sponsor shall stage demolition of the existing parking lot and construction of the new parking lot to minimize impacts to patrons of the existing bank and restaurant. A staging plan shall be submitted to the Planning Division and Public Works Agency and approved prior to issuance of grading permits. Timine of Implementation/Verification Prior to grading permit issuance Grading and building plan check Responsible Parties Case Planner, Planning Division; Engineering Services Manager, Development Engineering Division 23. The project sponsor shall monitor delivery truck arrival/departure to ensure that no staging occurs on 16th Street or Williams Street. Timin~ of Implementation/Veil fication Condition of Occupancy permit issuance Method of Verification Verification from project sponsor, field inspection Responsible Parties Environmental Coordinator, Case Planner, Planning Division; Inspection Services Manager, Building Division -10- 24. In addition to project specific mitigation measures listed above, the project sponsor shall participate in the TSIA area wide tramc fee programs. Timine of ImolementationPv'erification Method of Verification p. esponsible Parties AIR QUALITY Short-Term Project Construction 25. Prior t~ issuance of building permits Written verification of canceled checks Engineering Services Manager, Development Engineering Division; Public Works Agency All unpaved demolition and construction areas shall be wetted at least twice a day during excavation and construction, and temporary dust covers shall be used on soil piles to reduce dust emissions and meet SCAQMD Rule 403. Timing of Implementation/Verification Method of Verification Resnonsible Parties During grading and consWaction Periodic field inspection during grading and construction Environmental Coordinaton Planning Division; Inspections Services Manager, Building Division 26. All grading activities shall cease during periods of high winds (i.e. greater than 25 knots). Timine of lmt)lementation/Verification V riff Responsible Parties Conditions of grading permit; wind speed gauge with warning light; grading contractor Grading plan check; field inspection Environmental Coordinator, Planning Division; Inspection Services Manager, Building Division General contractors shall maintain and operate construction equipment so as to minimize exhaust emissions. During construction, trucks and vehicles in loading and unloading queues shall be kept with their engines off. when not in use, to reduce vehicle emissions. Timing of Implementation/Verification During grading/construction operations -11- 485 28. 29. 30. Method of Verification Grading plan check; periodic field inspection during grading operations Responsible Parties Environmental Coordinator, plammng Division; Inspection Services Supervisor. Building Division Construction activities shall be phased and scheduled [o avoid emission peaks and shall be discontinued during second-stage smog alerts. Timing of Imnlementation/Vefification During grading and construction Method of Verification Grading plan check and field inspection Res_t~nsible Parties Environmental Coordinator, Planning Division; Inspection Services Supervisor. Building Division Prior to the issuance of Certificate of Occupancy of Smith's Superstore, until construction on those pads commences, to minimize dust generations, any of building pads A, B, D-H. J or L not under construction, in Building Depamment Plan Check or it can be shown to the satisfaction of the City that Plan Check is imminent, then said building pads areas shall be provided with interim landscaping, as follows: Building D-H, wildllower mix: Buildings A, B, J, L, planted with tuff grass. Timing of Implementation/Verification Prior to issuance of Certificate of Occupancy for Smiths; and on-going during construction Methg0 9f Verification Grading. architectural, and landscaping plan check; periodic field inspections during grading operations Responsible Parties Environmental Coordinator, Case Planner and Landscape Associate, Planning Division: Inspection Services Supervisor. Building Division Wheel washers shall be installed where vehicles exit unpaved roads onto paved roads or wash off trucks and any equipment leaving the site before every trip: Timing of tmglementation/Vefi fication Condition of grading permit issuance (note on grading plan) -12- RESOLUTION 94-023 Grading plan check; periodic field inspections during grading opera,ohs Resoonsible Ps.les Environmental Coordinator, Planning Division; Inspection Services Supervisor, Building Division Lone Term Proiect Ooeration 31. l. mplementation of a TDMP (mitigation measure 17). Tirnine of Imolementation/Vefification Condition of Certificate of Occupancy; on-going during life of project Written report to be provided by the project sponsor or representative annually and TDMP recorded in project CC&Rs Rest~nsible Parties Engineering Services Manager, Development Engineering Division; Project Sponsor or representative; tenants 32. Implementation of the following measures would mitigate on-road mobile source emissions by the maximum emission reduction efficiency: ROC NOx CO Provide on-site employee services such as cafeterias 0.2-3.4% 0.3-4.5% 0.3-4.5% (restaurants), banks, etc. Construct off-site bus turnouts 0.1-1.0% 0.1-1.3% 0.1-1.3% Synchronize traffic lights on s~eets impacted by the 4.0-8.0% 4.0-8.0% 4.0-8.0% proposed development. ROC NOx CO Include retaflservicesadjacent to residenfial subdivisions. 1.0-4.0% 1.3-6.0% 1.3-6.0% Qualitative Measures -13- 487 33. Odor 34. - The applicant in coordination with the City of Santa Aha shall implement an on-sim circulation pl~ in parking lots to reduce vehicle queuing. - The applicant in coordination with the City of Santa Ana shall contribute to regional transit systems such as fight-of way and capital improvements. Timine of Imolementation~erification Method of Verification Resoonsible Panics Bicycle racks shall be provided on-site to encourage employees. Timing of Implementation/Verification Method of Verification Responsible Parties Not quantifiable Not quantifiable Prior to Certificate of Occupancy issuance; on-going during life of project Periodic inspection during life of the project Environmental Coordinator, Case Planner, Planning Division; Inspection Services Manager, Building Division alternative modes of transportation by Prior to issuance of Certificate of Occupancy; On-going during life of project Arckitecmral plan check; periodic inspection during life of the project Environmental Coordinator, Case Planner, Planning Division; Inspection Services Manager, Building Division In order to reduce the potential odor problems, disposal of trash at Smith's Superstore shall be restricted to covered containers or enclosed compactor containers. In addition there shall be other storage areas as shown on the site plan for recyclable materials. All other tenants in the center shall utilize trash enclosure areas with fully covered trash containers to reduce releases of unpleasant odors. Timin~ o f lmolem entation/Vefification Prior to issuance of Certificate of Occupancy; on-going during life of project Method of Verification Site plan review: Periodic inspection during life of the project -14- RESOLUTION 94-023 Responsible Parties Case Planner, Planning Division; Inspection Services Manager, Building Division NOISE ~bort-Term Pro)ect Construction 35. All outdoor construction activities shall be limited to the hours of 7:00 a.m. to 8:00 p.m., Monday through Saturday. No construction activities shall be permitted on Sundays or federal holidays. Timin~ of lmnlementation/Vefification Prior to grading permit issuance (note on grading plan); during construction: posting of complaint hotline number to field office Method of Verification Field inspection Res_tmnsible Par~ies Environmental Coordinator, Planning Division; Inspection Services Manager, Building Division 36. AIl construction equipment, stationary or mobile, shall be equipped with properly operating and maintained muffling devices. Timing of Implementation/Verification Prior to grading permit issuance (note on grading plan) Method of Verification Grading plan check; written verification provided by the project sponsor, field inspections Rest>onsible Parties Environmental Coordinator, Planning Division: Inspection Services Manager, Building Division 37. Stationary construction equipment shall be placed such that emitted noise is directed away from residential land uses. Temporary noise barriers, enclosures or shrouds shall be used, when appropriam, to reduce noise emitted from stationary construction equipment. Timine of ImplementationFVefi fication Prior to building permit issuance Method Qf Verification Building plan check; field inspection RESOLUTION 94-023 48~ Responsible Parties Environmental Coordinator, Case Planner. Planning Division; Inspection Services Manager, Building Division 38. A wall profile shall be provided to the City for review and approval prior to site plan approval. Timine of Implementation/Verification Prior to site plan approval Site plan check Rest~onsible Parties Environmental Coordinator, Case Planner, Planning Division; Senior Plan Check Engineer, Building Division 39. Prior to the issuance of a grading permit, the applicant shall erect one of the following: a) a temporary plywood fence or b) a permanent wail, along the entire length of the south property line in order to reduce short-term noise and dust impacts. Subject to final grading plans, the temporary fence or permanent wall shall be a minimum of eight feet on the project side and a maximum often feet on the adjacent property to the south. The temporary fence (if consU'ucted) shall stay in place until the grading and construction of Smith's is complete or the permanent wall construction has commenced. Timin~ of Implementation/Verification Prior to issuance of grading permit, building permits, Certificate of Occupancy Method of Verification Architectural, building and grading plan check, field inspection Responsible Parties Environmental Coordinator, Case Planner, Planning Division; Inspection Services Manager, Building Division Long Term Project Ot~eration 40. If the plywood fence is constructed, within 48 hours of removal of the fence and prior to the issuance of a certificate of occupancy for Smith's, the applicant shall begin construction of a new contiguous concrete block wall for the entire length of the south property line in order to reduce long-term noise impacts. The wall along the Shady Lane residential neighborhood shall be of slumpstone material. Subject to f'mal grading plans, the sound wall shall be a minimum of eight feet on the project side and a maximum of ten feet on the adjacent property to the south. RESOLUTION 94-023 490 41. 42. Timing of Implementation/Verification Prior to issuance of Certificate of Occupancy for Smiths or within 48 hours of removal of plywood fence; subject to final grading plan approval Amhitecmral, building and grading plan check, ce~ficate of occupancy Re _sponsible Parties Environmental Coordinator, Case Planner, Planning Division; Senior Plan Check Engineer, Building Division The loading dock for Smiths shall be located on the westerly side of the building fronting Williams Street rather than at the back (south) side of the building to minimize noise impacts to residents directly souUh of the project site. In addition, the loading dock shall be designed so that the access is down a ramp from street level further helping to attenuate any noise creaW~d in the loading area. Timin~ o f lmnlementation/Verification Prior to building permit issuance V ' i Building plan check Responsible Parties Environmental Coordinator, Case Planner, Planning Division; Senior Plan Check Engineer, Building Division The project sponsor shall construct a sound shield around the air conditioners at the Smith's store that provides 5 dBA of sound reduction to the south for all equipment located within 100 feet of the south property line to keep the ambient noise level wiilfin acceptable limits. Timine of lmolementation/Verification CC&Rs; prior to issuance of building and mechanical permits; prior to issuance of Certificate of Occupancy Method of Verification Review of CC&Rs; building, architectural and mechanical construction drawings in plan check; field inspection Responsible Parties Environmental Coordinator, Case Planner, Planning Division; Senior Plan Check Engineer, Building Division -17- RESOLUTION 94-023 491 43. Thepmje~sponsorsh~ notmountanyextem~e~ipmentonthesou~sideofthe ~ng. Timine of Implementation/Verification CC&Rs; prior to building permit issuance; prior to issuance of Certificate of Occupancy Review of CC&Rs; architectural building, and mechanical plan check; field inspections Responsible Parties Environmental Coordinawr, Case Planner, Planning Division; Inspection Services Manager, Building Division 44. A telephone hotline number will be provided to residents south and west of the project to report any noise disturbances directly to the City of Santa Ana Planning Manager. Timin~ of Implementation/Verification Prior to issuance of Certificate of Occupancy Method of Vefificatioll Verification from project sponsor or representative; field inspection Responsible Parties Project Sponsor or representative; Environmental Coordinator, Case Planner. Planning Division; Inspection Services Manager, Building Division BUILDINGS D through H These buildings would be located near the south property boundary. Potential noise impacts from long-term operation include noise from the loading docks and related truck traffic noise. The following mitigation measures shall be implemented at the time of occupancy and shall be monitored during long-term operation of the project by the project sponsor or its successor. 45. Tenants shall keep all loading doors closed unless loading or unloading is in progress. Timin~ of Implementation/Verification Prior to issuance of Certificate of Occupancy; CC&Rs Method of Verification Verification from tenants; field inspection; CC&Rs Resoonsibte Parties Environmental Coordinator, Case Planner. Planning Division; 492 RESOLUTION 94-023 Inspection Services Manager, Building Division 46. Tenants shall post signs at the vicinity of the loading doors marling: "No Horn Blowing". Timin~ of Implementation/Verification Prior to issuance of Cerdficates of Occupancy Method of Verification Verification from tenants; building, architectural plan check; field inspection ~ Environmental Coordinator, Case Planner, Planning Division; Inspection Services Manager, Building Division 47. Tenants shall be prohibited from storage of any refrigerated trailers on-site, particularly in loading docks with compressors operating. Timin~ of Implementation/Verification Prior to issuance of Certificates of Occupancy V ' i Verification from tenants; field inspection Responsible Parties Environmental Coordinator, Planning Division; Inspection Services Manager, Building Division 48. Tenants shall specify some means for tracks to signal tenants to open and close dock doors such as doorbells or buzzers or placement of a telephone near the loading dock to minimize the potential for horn blowing. Timin~ of Implementation/Verification Prior to issuance of Certificates of Occupancy Method of Verification Verification from tenants; field inspection Responsible Parties Environmental Coordinator, Planning Division: Inspection Services Manager. Building Division 49. Tenants shall post a notice inside stores near the loading clocks so that radio playing shall be curtailed while dock doors are open. Timin~ of Implementation/Verification Prior to issuance of Certificates of Occupancy -19- RESOLUTION 94-023 Responsible Parties Verification fi'om tenants; field inspection Environmental Coordinator, Planning Division; im%pection Services Manager. Buiiding Division 50. Tenants shall post notice inside smms near loading docks am not :~ be used as break areas, and excessive talking on the docks shall be curtailed. Timin~ of Implementation/Verification Prior to issuance of Certificates of Occupancy ~[ethod gf Verification Verification from tenants; field inspection Responsible Parties Envimnmenxtl Coordinator, Case Planner, Pl:~mng Division; Inspection 5e.wices Manager, Building Di~Ssion 51. Vehicles of a size equal to an SU-30 track and larger shalI be allowed to make deliveries between the hours of 9:00 am to 4:00 pm, Mondays through Saturdays and between the hours of 12 pm (noon) and 4 pm on Sundays. This applies to all b~inesses in buildings D- H to reduce peak traffic and mitigate noise generated by the deliver3.' activin,. Timing of Implementation/Verification Prior to iss'~ce of Certificates of Occupancy Method of Verification Verification :'mm tenants; field inspection Resoonsible Parties Envimnmentai Coordinator, Case Planner. Pla."~,mg Division; Inspection Services Manager, Building Di~.sion 52. Prior to issuance of building permits for building D through H the project sponsor shall show, on working drawings, the following mitigation measures (:2z~e measures shall be in place prior to issuance of initial occupancy permits): Erect a sound barrier around the rooftop air conditioners, where such air conditioners are within 100 feet of the residential property line, that provic2es a 5 dBA reduction in sound level. No buildings shall have mechanical equipment mounting or vented on the south side of the buildings. 494 RESOLUTION 94-023 Erect an eight foot (8') wall on the south side of the open loading docks on Buildings D through F. Buildings G and H do not require a wall because the loading area is between buildings. Timine of Implementation/Verification Prior to issuance of building permits or Certificates of Occupancy Plan check of construction drawings; field inspection ~$ponsible Parties Environmental Coordinator, Case Planner, Planning Division; Senior Plan Check Engineer. Inspection Services Manager, Building Division ENERGY 53. The new shopping center will be constructed to comply with Title 24 of the California Code of Regulations established by the California Energy Commission regarding energy conservation standards. These standards relate to insulation requirements, glazing, lighting, shading, and water and space heating systems. Timine of lmolementation/Vefificafion Prior to issuance of building permits or Certificates of Occupancy [Method of Verification Plan check of constmction drawings; field inspection Res[mnsible Parties Environmental Coordinaton Planning Division; Senior Plan Check Engineer, Building Division 54. The project sponsor shall consult with the Southern California Edison Company and the Southern California Gas Company regarding feasible energy conservation measures that could be incorporated into the design of the project. Timine of Imnlementation/Verification Prior to building/occupancy permit issuance Method of Verification Plan check of construction drawings Resrmnsibte Parties Environmental Coordinator. Planning Division; Senior Plan Check Engineer, Building Division 55. Install occupant controlled light switches and thermostats to permit individual adjusUnent of lighting and HVAC. Timing of lmt~lementation/Verification Prior to issuance of building permits or Certificates of Occupancy Method of V~lSfication Plan check of construction drawings; field hqspection Restxmsible Parties Senior Plan Check Engineer, Building Division 56. Control mechanical systems (HVAC and lighting) in the buildings with timing systems to prevent accidental or inappropriate conditioning or lighting of unoccupied space. Timing of Implementation/Verification Prior to issuance of building permits or Certificates of Occupancy Method of Verification Plan check of construction drawings; field inspection Responsible Parties Senior Plan Check Engineer, Building Division 57. Built-in appliances, refrigerators, and space-conditioning equipment shoulfl exceed the minimum efficiency levels mandated in the California Code of Regulations. Timing Of Implementation/Veil ficarion Prior to issuance of building permits or Ce~ficates of Occupancy Method of Verification Plan check of construction drawings; field inspection Responsible Parties Senior Plan Check Engineer, Building Division 58. Implementation of a TDMP (mitigation measure 17). Timing of Implementation/Verification Prior to issuance of Certificates of Occupancy; on-going during life of project Method of Verification Written report provided by the project sponsor or representative annually and recorded in project CC&Rs Responsible Pgrties Planning Division; Engineering Services Manager, Development Engineering Division, Project Sponsor or representative -22- RESOLUTION 94-023 PUBLIC SERVICESAJTIL1TIkS Fire Protection and Emergency Services 59. Thc project sponsor shall COnsult with the Santa Aha Fire Departraent during project design and prior to imtial occupancy of the buildings to discuss and implement such features as emergency access and emergency evacuation plans. Definitive plans and specifications shall be submitted to the SAFD prior to issuance of occupancy permits. Requirements for necessary permits must be satisfied prior to commencement of any portion of the proposed project. The project sponsor has submitted the final site plan, which shows the accessways and turning areas for Fire Department approval. Timin~ of lmnlementation/Vefification During project design and prior to initial Certificate of Occupancy Method of Verification Plan check review Responsible Parties Case Planner, Planning Division; Senior Plan Check Engineer, Building Division; Fire Marshall, Fire Department 60. The project shall comply with all applicable City and State fire codes and ordinances as well as the Public Safety Element of the General Plan. Timin~ of Implementation/Verification Prior to issuance Certificates of Occupancy; on-going during the life of the project Method of Verification Plan check; periodic field inspections Resoonsible Par~ies Senior Plan Check Engineer, Inspection Services Manager Building Division; Fire Marshal, Fire Department 61. Sprinkler systems shall be required, in accordance with the Santa Ana Fire and Building code requirements. Timine of Implementation/Verification Plan Check; prior to issuance of Certificates of Occupancy Method of Verification Plan check; field inspections Responsible Par~ies Senior Plan Check Engineer, Inspection Services Manager, Building Division: Fire Marshal, Fire Department -23- Police Services 62. The project sponsor shall consult with the City of Santa Ana Police Department's Crime Prevention Unit on the design and implementation of a security plan for the project. This plan shall be approved by the Chief of Police. The security plan will require the use of private security guards to monitor and patrol the project site during construction and operation. Said security guard obligation shall be reviewed with the Police Department of Santa Ana after six months of Smith's Superstore opening and annually thereafter for any modification to the security obligation based upon observations by the Parcel owners and Police Deparunent incident reports. Timine of ltrlplementation/Veri fication Plan check, during construction, on- going during the life of the project Method of Verification Plan check review; field inspections Responsible Parties Case Planner, Planning Department; Engineering Services Manager. Development Engineering Division; Community Services Specialist. Police Depamnent: Senior Plan Check Engineer, Inspection Services Manager. Building Division 63. The site will be designed with parking areas that provide good il/umination, minimum dead space, and maximum store visibility to eliminate areas of concealment and opportunities for crime. Timin~ of Iml~lem entationFv'erification Prior to issuance Certificate of Occupancy; plan check; and on-going during the life of the project Method of V~rifieation Plan check review; field inspections Responsible Parties Case Planner, Planning Division; Senior Plan Check Engineer. Inspection Services Manager. Building Division; Community Services Specialist, Police Depamnent 64. The project sponsor shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of its occurrence. Timin~ of Implementation/Verification On-going during the life of the project Method of Verification Field inspections -24- 498 RESOLUTION 94-023 Responsible Parties Project Sponsor or representative 65. Upon completion of the project, and prior to occupancy, the project sponsor shall provide a diagram of the completed project to the Santa Aaa Police Department. The diagram will include access routes, unit numbers, and any information that might facilitate police response. Prior to issuance of Certificate of Occupancy Project sponsor or representative to submit written memo with diagram CommunRy Services Specialist, Police Department 66. The project will comply with the provision of the City of Santa Aha Building Security Ordinance (regarding Lighting, visibility, hardware, etc.) found in Chapter 8, Article 2, Division 3 of the Santa Aha Municipal Code. Timin~ of ImDlementatior~'erification Plan check; prior to building permit issuance: field inspection Method of Verification Plan check review; field inspection ResP%sible Parli~,~ Community Services Specialist, Police Deparanent; Senior Plan Check Engineer, Inspection Services Manager, Building Division 67. The project sponsor shall ensure that on-site consumption of alcoholic beverages occurs only in approved areas of facilities licensed for on premise sales of alcoholic beverages. Timin~ of Imnlementation/Verification Method of Verification Re _sponsible Parties Schools 68. Timin~ of lmplementation?v'erification V T i Resmonsible Parties Prior to issuance of Certificate of Occupancy; ABC licence approval; on-going during the life of the project Field inspections Project Sponsor or representative; Case Planner, Planning Division; Police Department (vice section) Prior to issuance of a building permit, the project sponsor shall pay appropriate fees to the Tustin Unified School District. Timin~ of Implementation/Verification Prior to building permit issuance Method of Verification Copy of canceled checks Responsible Parties Environmental Coordinator. Planning Division; Project Sponsor or representative; Tustin Unified School District; Senior Plan Check Engineer, Building Division Water 69. Water conservation and management techniques shall be incorporated into the design, construction and operation of the project including the installation of fixtures that use reduced volumes of water, landscaping irrigation in early morning or evening hours to reduce water lost to evaporation and use of drought tolerant plant species for new landscaping. Timin~ of lmnlementation/Verification Plan check; during construction Method of Verification Review and inspection of landscape plan Responsible Parties Landscape Associate Planning Division; Water Resources Manager, Water Resources Division 70. The City of Santa Ana Fire Department will determine the precise fire flow requirements from the proposed project during its review of the final project plan. The design and implementation of any required on-site improvement to provide the fire flow requirement, such as the proposed loop water system, determined during site plan review will be borne by the project sponsor. Timing of ImplementationFqerification Han check Method of Verification Review and inspection Resnonsible Parties Fire Marshall, Fire Deparanent; Engineering Services Manager, Engineering Division: Water Resources Manager, Water Resources Division; Project Sponsor or representative Sewer 71. Site planning and final design for the project shall be coordinated with the Orange County Sanitation Districts (OCSD). All requirements of the OCSD and the City shall be incorporated into the final design of the project. Timin~ of lmolementafionfVefification -26- Plan check RESOLUTION 94-023 Method of Verification Review and inspection Responsible Parties Environmental Coordinator, Planning Division; Engineering Services Manager, Development Engineering Division, Orange County Sanitation Districts 72. Prior m issuance of building permits, the project sponsor shall obtain all permits, pay all fees, and construct all facilities required by the City in order to provide an acceptable level of sewage treatment service. Timine of lmnlementation/Verification As stipulated by City and County policies Method of Verification Written memo from responsible agency/deparanent; copy of canceled checks: field inspections Respon ,.':ble Parties Environmental Coordinator, Planning Division; Engineering Services Manager, Development Engineering Division, Orange County Sanitation Districts, Project Sponsor or representative 73. Project design for the conveyance of site runoff must be approved by the City Public Works Agency and the Orange County Flood Control District, prior to issuance of grading permits for the project site. Timing of Implementation/Verification Condition of grading plan approval (note on grading plan) Method of Verification Grading plan check Resoonsible Parties Regional Water Quality Control Board; Orange County Flood Control Districts; Engineering Services Manager, Development Engineering Division; Water Resources Manager, Water Resources Division 74. A surface drainage plan showing the project design for the conveyance of site runoff must be approved by the City Engineer prior to issuance of grading permits for the project site. Timing of lmvlementafionfl%rification Prior to grading permit issuance (note on grading plan) RESOLUTION 94-023 50[ 75. 76. Method of Verification Surface drainage plan check Responsible Parties Regional Water Quality Control Board: Orange County Flood Control Districts; Engineering Services Manager, Development Engineering Division; Water Resources Manager, Water Resources Division Ail paved areas shall be designed to carry surface water to the nearest practical street or storm drain. Concentrated flows of water from pariong areas shall not flow by gravity over any public property or pedestrian walkway, but shall be collected in an appropriate manner within the property confines and conducted under the sidewalk except where approved by the Public Works Agency. Timing of lmr>lementation/Verification Prior to grading permit issuance Method of v~rification Surface drainage plan check Responsible Parties Regional Water Quality Control Board; Orange County Flood Control Districts; Engineering Services Manager, Development Engineering Division; Water Resources Manager, Water Resources Division The project sponsor shall file a report with t.he City and the Regional Water Quality. Control Board 0tWQCB) which complies with the requirements of the National Pollution Discharge Elimination System (NPDES) permit for stormwater discharge, including the full description of the discharge and the demonstration of compliance with EPA specified effluent limits. The project sponsor shall comply with the guidelines and policies of the RWQCB and all local responsible agencies. Timin~ of Implementation/Verification Prior to grading permit issuance Method of Verification Surface drainage plan check Responsible Parties Regional Water Quality Control Board; Orange County Flood Control Districts; Engineering Services Manager, Development Engineering Division; Water Resources Manager, Water Resources Division 50Z RESOLUTION 94-023 77. Prior to issuance of grading permits the project sponsors shall submit a haul route for the removal of construction related solid waste which would include measures to reduce dust and control dirt spilled on roadways. Timine of Imnlementation/Verification Prior to grading permit issuance V 'ir i n Grading plan check; inspection during construction Responsible Parties Environmental Coordinator, Planning Division; Engineering Services Manager, Development Engineering Division 78. The sponsors shall explore recycling or other means of disposing of excess soil rather than disposal in a landfill. Soil excavated during construction could be used at other construction sites within the area requiring fill for projects, and may not need to be transported to a landfill. Asphalt removed from the project site can be sold to blacktop recycling companies. Timin~z of Imnlementation/Verificatioll During construction 'Method of Verification Grading plan check; field investigation Responsible Parties Environmental Coordinaton Planning Division; Engineering Services Manager, Development Engineering Division; Project Sponsor 79. In accordance with the City's Solid Waste Integrated Management Plan. the project sponsor shall prepare and submit a Source Reduction and Recycling Plan to the Public Works Agency and the Planning Division, prior to issuance of occupancy permits. The Plan shall document and outline the incorporation of an on-site recycling/conservation program. Timine of Implementation/Verification Prior to issuance of CeMficate of Occupancy of the first building; plan check Method of Verification Project sponsor or representative to submit a written plan; plan check Resr~onsible Parties Environmental Coordinator, Planning Division; Engineering Services Manager, Development Engineering Division: Enterprise Coordinator, Public Works Agency -29- 503 80. The design oftbe recycling system shall facilitate source separation and collection of additional materials that may be designated a~ recyclable by the City in the future. Timing of Implementation/Verification On-going program Method of Verification Review of project sponsor's plan and inspections Responsible Parties Environmental Coordinator, Planning Division; Engineering Services Manager, Engineering Division 81. Prior to issuance of Certificate of Occupancy for Smith's, the Gateway Center merchants shall form an agreement to monitor litter cleanup on a daily basis. This cleanup program will be defined as set forth in the CC&Rs and funded by all parties. Timin~ of Implementation/Verification Prior to issuance of Certificate of Occupancy; CC&Rs Method of Verification Review CC&Rs Re _sponsible Parties Environmental Coordinator, Case Planner. Planning Division; tenants and Project Sponsor GEOLOGY/HYDROLOGY Grading 82. Prior to issuance of grading permits, all plans and calculations for grading, on-site conveyance of drainage and interim erosion control shall be submitted to the Environmental Coordinator, the Public Works Agency and Building Safety Division for Plan Check. Timing of lm~lementationfVerification Prior to grading permit issuance; during grading operation M~[hod of Verification Grading plan check and/or field inspection during grading Responsible Parties Environmental Coordinator, Planning Division; Inspection Services Manager, Building Division; Engineering Services Manager, Development Engineering Division 83. Prior to commencement of grading, qualified geotechnicai consultants (soils engineer, engineering geologist, and their representatives) shall be employed for the purpose of -30- 504 RESOLUTION 94-023 observing earthwork procedures and testing the fills for conformance with He recommendations for earthwork and grading set forth in the geoteclmical report. Timinff of lmolementation/Vefification Prior to grading permit issuance: during grading Grading plan check and/or field inspection ~es~onsible Parties Senior Plan Check Engineer, Building Division; Engineering Services Manager, Development Engineering Division; Environmental Coordinator, Planning Division 84. A haul route shall be prepared and approved by the Environmental Coordinator and the Public Works Agency for exported soil material. Haul roues shall be established, where possible, through non-residential areas so as to minimize the effects of noise and dust. Timing of Implementation/Vefificafi on Condition of grading permit; on-going during grading Method of Verification Grading plan check Resoonsible Parties Environmental Coordinator, Planning Division; Engineering Services Manager, Development Engineering Division 85. Soil or other materials that may be spilled on the roadways from construction operations shall be removed by the project sponsor by the end of each working day, per SCAQMD Rule 403. Also see mitigation measures for air quality impacts. Timing of Implementation/Verification On-going during grading and construction Method of Verification Field inspection during grading/construction Responsible Parties Engineering Services Manager. Development Engineering Division; Environmental Coordinator, Planning Division; Project Sponsor or representative RESOLUTION 94-023 505 86. Project structures shall be designed and built in conformance with the Seismic Safety Element of the City's General Plan, applicable portions of the Building and Municipal Codes and requirements of the Public Works Agency. Timin~ of lmolementation/Verifieation Prior to approval of any building permits; during construction phase Building plan check; field inspection Responsible Parties Senior Plan Check Engineer, Inspection Services Manager, Building Division 87. New gas lines shall be equipped with automatic shut off valves that would be activated in the event of an major earthquake. Timing of Implementation/Verification Plan check; inspection during construction Method of Verification Review of plans; field inspections Re _sponsible Parties' Senior Plan Check Engineer, Building Division 88. All potentially dangerous non-structural features of the project shall be tied into structural elements of the building. Heavy equipment and other potentially hazardous objects shall be secured to floors and walls. Timine of Imr~lementation/Verification Plan check; prior to issuance of Certificates of Occupancy for heavy equipment and on-going for non- structural features Method of Verification Plan check; on-going inspections Res_m3nsible Parties Senior Plan Check Engineer, Building Division; Fire Marshall, Fire Deparanent 89. To assist in response to a seismic event, an emergency response and building specific evacuation plan shall be developed for the project and posted in each building. -32- Timing of Implementation/Verification Method of V~gification Prior to issuance of Certificates of Occupancy; on-going during project operation Field inspection of buildings/verification of tenant's plans Responsible Parties Environmental Coordinator, Planning Division; Supervisor of Inspections, Building Division; Fire Marshal. Fire Department Hydrolo~, - Drainage and Water Oualitv 90. Prior to the issuance of Certificate of Occupancy of Smith's Superstore, until construction on those pads commences. To minimize dust generation, any of building pads A, B, D - H. J or L not under construction, in Building Department Plan Check or it can be shown to the satisfaction of the City that Plan Check is imminent, then said building pad areas shall be provided with interim landscaping, as follows: Building D-H, wildflower mix; Buildings A, B, J, L, planted with tuff grass. Timin~ of Implementation/Verification Condition of grading permit issuance (note on grading plan); on-going during construction Method of Verification Architectural, landscaping, and grading plan check; periodic field inspection during grading Responsible Parties Environmental Coordinator, Landscape Associate, Case Planner. Planning Division; inspection Services Supervisor, Building Division 91. Prior to the commencement of construction activities, the project sponsor shall submit a schedule for timely removal and proper disposal of landscape debris, construction debris, fuel and chemical residue or other type of potentially harmful residue from areas susceptible to mnoff. Timing of Implementation/Verification Condition of grading pen'nit (note on grading plan) Field inspections Responsible Parties Environmental Coordinator, Planning Division: Inspection Services Manager, Building Division; Engineering Services Manager, Public Works Agency -33- 92. During periods of rain or when water is used during construction, runoff shall be diverted from areas exposed by construction through the use of berms (sand bags) or other such devise to minimize stormwater contamination and prevent sediment-filled runoff from being deposited in City storm drains. Timin~ of Imnlementation/Verification Condition of grading (note on grading plan) and building permits; weekly inspection during consa'uction Grading plan check; field inspection Re _sponsible Parties Engineering Services Manager, Developraent Engineering Division 93. Parking area maintenance and sweeping shall be conducted a minimum of three times a week (without the use of water) to reduce the amount of pollutants entering the City storm drain system. Timing of Implementation/Verification Prior to issuance of Cerdficates of Occupancy; included in CC&Rs Review CC&Rs, written notice from project sponsor or representative Responsible Parties Environmental Coordinator, Planning Division; Engineering Services Manager, Public Works Agency 94. Hazardous materials used by future tenants (dry cleaning, auto parts stores, etc.), shall be properly stored andlocated to prevent contact with precipitation or runoff. All receptacles containing toxic materials shall be protected from rainfall so that runoff from the project site does not contain contaminants. Effective monitoring and cleanup programs for spills and leaks of hazardous materials shall be prepared by owner for approval by the appropriate agencies (Santa Aha Fire Department, Santa Ana Planning Division, County Health Agency, etc.). Ti~irm of Implementation/Verification Prior to Certificate of Occupancy issuance Method of Verification Review CC&Rs; building plan check; periodic field inspections Responsible Parties Enviromental Coordinator, Case Planner, Planning Division; Fire Marshall, Fire Depamnent -34- 508 RESOLUTION 94-023 95. Should any project-generated sediment be deposited in City or County storm drains, the project sponsor shall immediately fund any required clean-up to the satisfaction of the City of Santa Ana Public Works Agency and the Orange County Flood Control District. Timin~ of lmnlementation/Verification Condition of grading permit (note on grading plan); on-going during life of project Grading plan check and/or field inspection Restmnsible Parties Development Engineering Services Manager, Engineering Division; Water Resources Manager, Water Resources Division: Project Sponsor 96. The project sponsor shall file a report with the City of Santa )ma Public Works Agency and the Regional Water Quality Control Board (RWQCB) which complies with the National Pollution Discharge Elimination System (NPDES) permit for stormwater discharge, including the full description of the discharge and the demonstration of compliance with EPA specified effluent limits. The project sponsor shall Comply with the guidance and policies of the City Engineer and the RWQCB. Timing of Implementation/Verification Prior to grading permit issuance Method of Verification Surface drainage and grading plan check Responsible Parties Regional Water Quality Control Board; Orange County Flood Control District; Engineering Services Manager, Development Engineering Division; Water Resources Manager, Water Resources Division; Project Sponsor 97. The project sponsor shall prepare a comprehensive, long-term post-construction stormwater management plan, incorporating structural and non-structural best management practices. Timing of lmnlement afl on/Verification Prior to grading permit issuance Surface drainage and grading plan check Res_t~nsible Parties Regional Water Quality Control Board: Orange County Flood Control District: Engineering Services Manager, Development Engineering Division; Water -35- Resources Manager, Water Resources Division 98. Thc project sponsor shall prepare an operations and maintenance plan for Asbestos Containing Building Materials (ACBM_s) that are not removed, possibly in thc Wells Fargo Bank building, and shall establish and maintain employee notification as required by the ConncUy Bill. Timin~ of Implementation/Verification Prior to issuance of Certificate of Occupancy for the first building Vri ' Project sponsor or representative shall submit an operations and maintenance plan Responsible Parties Environmental Coordinator, Planning Division; Inspection Services Manager, Building Division, project sponsor AESTHETICS 9. The design of the project is subject to site plan review and approval prior to the issuance of any permits to upgrade the property. An architectural theme shall be developed and initiated throughout the entire project to tie the buildings together. Timing Of Implementation/Verification Prior to building permit issuance V df' ' Site plan, architectural plan and construction, plan review Responsible Parties Environmental Coordinator, Case Planner, Landscape Associate, Planning Division; Senior Plan Check Engineer, Building Division 100. Prior to issuance of building permits a landscape plan shall be approved by the Landscape Development Associate. This plan must be consistent with the Building Division's set of working drawings (including the grading plan approved by the Public Works Agency.) For all street trees removed, the applicant shall fund the replacement of sue, et trees. The quantity and type of street trees shall be replaced as specified by the Public Works Agency. Timine of lmnlementatiort/Vefification Prior to issuance of a building permit v 'fi i Architectural and landscape construction drawings, grading and landscape plan; field inspection -36- RESOLUTION 94-023 Responsible Parties Environmental Coordinator, Case Planner, Landscape Associate, Planning Division 101. The site shall be inspected and approved by the City Case Planner and Landscape Development Associate. All landscaping and irrigation for the entire site shall be completed and approved prior to issuance of occupancy. Timin~ of Implementation/Verification Prior to issuance of Certificates of Occupancy Method of Verification Field inspection Responsible Parties Landscape Associate, Case Planner Planning Division; Senior Plan Check Engineer, Building Division CULTURAL RESOURCES 102. In the event that cultural resources are encountered on the project site during the course of construction, all earthmoving activity in the area of the impact shall cease until the project sponsor retains the services of a qualified archaeological consultant, who shall examine the findings, assess their significance and offer recommendations for any procedures deemed appropriate to either further investigate or mitigate impacts to those cultural resources which have been encountered. Timing o f Imolem entafion/Verification On-going during grading Method of Verification Field inspection Responsible Parties Environmental Coordinator, Planning Division: Senior Inspections Manager. Building Division RESOLUTION 94-023 · 51 ~ APPENDIX: B SANTA ANA GATEWAY MITIGATION MONITORING PROGRAM SAMPLE COMPLIANCE VERIFICATION FORM Mitigation Measure: # Location: Impact Issue: Onsite Project Phase: Design Description of Activity/Method of Implementation: Water, Traffic, etc.) Offsite Administrative Construction Operation Disposition: Commenrs/Revision~: Mitigation measure for the above-noted pro. jeer phase implemented. No further amion is required. Mitigation measure for the above-noted project phase is not full), implemented. Further action required. (please explain b'eiow) The mitigation measure for the above-noted project phase is not in compliance. Further action required. (please explain below) Completed by: Name: Title: Date: Approved by: Name: Title: Date: