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Home My WebLink About97-023 - Home Place Shopping Center Project113 GAS: 5/23/97 RESOLUTION NO. 97- 023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE HOME PLACE SHOPPING CENTER PROJECT, MAKING CERTAIN FINDING WITH REGARD TO THE ENVIRONMENTAL EFFECTS OF THAT PROJECT, AND ADOPTING A MITIGATION MONITORING PROGRAM FOR THAT PROJECT. WHEREAS, the Planning Commission, after duly noticed public hearing on April 28, 1997, recommended that the City Council approve the development of the project located at 1935 East Seventeenth Street (the "Home Place Shopping Center Project"); and WHEREAS, an environmental impact report (consisting of a document entitled "Home Place Shopping Center Draft E.I.R., SCH #19600427," dated February 21, 1997, and a second document entitled "Home Place Shopping Center Final E.I.R., SCH #93082011," dated April 23, 1997) (the "E.I.R.") has been prepared for the Home Place Shopping 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 Home Place Shopping Center Project. 2. The findings and statements set forth in that certain "Statement of Compliance with California Environmental Quality Act, Findings of Fact, and Statement of Overriding Considerations for the Home Place Shopping Center Project," set forth in Exhibit A, attached hereto, and that certain "Mitigation/Monitoring Program," set forth in Exhibit B, attached hereto, are incorporated herein by reference as though fully set forth. The city Council hereby adopts and approves said findings, statements, and program. 114 ADOPTED this ]gth ATTEST: COUNCILMEMBERS: Pulido Aye Richardson Absent Espinoza Aye Franklin Ave Lutz Aye McGuigan Aye Moreno Aye day of May , 1997. or 2 115 CERTIFICATE OF ORIGINALITY State of California County of Orange Santa Ana on ,.9'-~/?- q 7 Date: ~'~ 7/~7 I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No. ~7-~,,?.~ to be the original resolution adopted by the City Council of the City of ~' CZthZuncil ~of Santa ~a 117 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACTS, AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE DEVELOPMENT OF THE HOME PLACE SHOPPING CENTER, EIR NO. 96-02 Prepared for: The City of Santa 3ma Planning Division 206 West Fourth Street Santa Aaa, California 92702 (714) 667-2792 Prepared by: Phil Martin & Associates 22672 Baltar Mission Viejo, California 92691 (714) 587-0052 May 5, 1997 118 TABLE OF CONTENTS I. Introduction ................................................................................................................... 3 H. Description of the Approved Project ............................................................................ 3 m. Alternatives to the Proposed Project ............................................................................ 4 IV. Findings of Fact ............................................................................................................. 4 V. Effects Determined to Be Mitigatable to a Less Than Significant Level ..................... 5 VI. Significant Environmental Effects Which Cannot Be Avoided If the Project Is Developed ..................................................................................................................... 17 VII. Mitigation Measures for Impacts Considered to Be Less Than Significant .............. 19 VIII. Alternatives to the Proposed Project .......................................................................... 21 IX. Statement of Overriding Considerations .................................................................... 22 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS OF FACTS FOR THE DEVELOPMENT OF THE HOME PLACE SHOPPING CENTER, EIR NO. 96-02 . 119 I. INTRODUCTION The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) provide that: "No public agency shall approve or cany 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 rational for each finding." (CEQA Guidelines Section 15091) The EIR for the development of the Home Place Shopping Center identified significant effects which may occur as a result of the proposed development. In accordance with the Guidelines, the City of Senta Ana (City) hereby adopts the findings in this report as part of the approval of the development of the Home Place Shopping Center (Project). The City has prepared an EIR for the proposed Project in accordance with CEQA end the requirements of the State Guidelines. AS mandated by legislation in the State of California, the EIR was subject to review end approval by the City of Santa Aha City Council (City Council). At a public heating held on May 19, 1997, the EIR was certified by the City Council as adequate, in compliance with the provisions of CEQA. In adopting this Statement of Findings end Facts, the City Council approves the Project. The City has developed a Mitigation Monitoring Program to monitor and report the implementation of the mitigation measures identified for the Project as part of the environmental review process. H. DESCRIPTION OF THE APPROVED PROJECT The primary purpose of the proposed project is to develop a shopping center to serve the needs of the residents of Santa Aha. The project includes the development of approximately 116,355 square feet of retail use, including an Orchard Hardware Supply store, fast-food restaurant, sit- down restaurant and other retail uses on 9.48 acres. Surface parking will be provided for approximately 558 cars. Landscaping will be provided along the project periphery to provide buffering from adjacent surrounding land uses and improve the aesthetics of the site. The project is designed to be developed in one phase under ideal leasing conditions. If leasing conditions dictate, the project may be developed in several phases with phase one scheduled to begin construction in the summer of 1997 and be completed by December, 1997. The existing vacant houses on the property will either be relocated or demolished prior to grading for phase one. The first phase will include construction of the Orchard Hardware Supply building and a fast food restaurant. Some of the parking spaces and the two project entrances on 17th Street will 120 also be constructed in phase 1. The remaining retail buildings and parking spaces will be completed in subsequent phases once tenants have been secured, ALTERNATIVES TO THE PROPOSED PROJECT A broad range of alternatives were considered including those considered by the project applicant and the City. The alternatives to the proposed project include, (A) No Project Alternative, (B) Development Consistent With Existing Zoning, (C) Alterhative Site. All three project alternatives, (A) No Project Alternative, (B) Development Consistent With Existing Zoning, (C) Alternative Site, were considered feasible for further evaluation. Alternative A: No Project Alternative. There would be no development of the Home Place shopping center with the No Project Alternative. The existing 9.4 acre project site would remain in its current undeveloped condition except for the two vacant single-family detached homes on the site. Alternative B: Development Consistent With Existing Zoning. This project alternative would allow the development of the project as proposed, however, there would be a required 65 foot setback from the northerly project boundary to the closest retail building consistent with the existing zoning. This project alternative would allow the same project to be developed on the site as the proposed project, however, the retail buildings would have to be located a minimum of 65 feet from the northern project boundary instead of 30 feet as presently proposed. All other impacts associated with the proposed project would occur with this project alternative, however, noise, aesthetics and lighting impacts would be incrementally less with this alternative. Alternative C evaluated the development of the project at an alternative 9.7 acre site located at Fourth Street and the Santa Ana Freeway 0-5). This site would require a general plan amendment from Professional/Administrative Office to General Business District in order for the project to be developed. Some environmental impacts associated with development of the proposed project could be reduced with construction at the alternative site, other environmental issues, such as traffic and utility upgrades could be greater. However, the main reason this project alternative was considered infeasible is because the project applicant does not own the alternative project site. IV. FINDINGS OF FACT The City Council has reviewed the Final EIR for the proposed Project and has considered the public record on the Project. The public record for the Project is composed of the following elements: · Notice of Preparation, December 12, 1996 · Scoping Meeting, January 16, 1997 Home Place Shopping Center Draft EIR and Technical Appendices (City of Santa Aha, February 21, 1997). · Record of the City of Santa Ana Planning Commission public hearings held on March 24, 1997 and April 28, 1997. · Home Place Shopping Center Final EIR and Response to Comments received on the Draft EIR (City of Santa Ana, April 23, 1997). · Mitigation Monitoring Plan (City of Santa Aha, April 23, 1997). · Record of the City of Santa Aha City Council public hearing held on May 19, 1997. There are 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 Final 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 Santa Ana hereby makes the Findings in Sections V, VI, and VII, regarding the significant effects of the proposed Home Place Shopping Center, pursuant to Section 15091 of the State CEQA Guidelines. V. EFI~CTS DETERMINED TO BE MITIGATABLE TO A LESS TitAN SIGNIFICANT LEVEL LAND USE Significant Effect The proposed project will have land use impacts because it is not consistent with the General Plan and zoning designations for the northerly portion of the site. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Based on the analysis in the DEIR there have not been any significant land use impacts identified with changing the existing land use and zoning designations of the site to allow the development 5 121 of the project. The potential impact would be reduced to a less than significant level through the implementation of the following mitigation measure: The project applicant shall obtain a general plan amendment and zone change for the northerly 65 feet of the property in order to allow development of the project as proposed. EARTIt RESOURCES Significant Effect The project could be exposed to potential geotechnical constraints undetected during the preliminary geotechnical investigation. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Findin_~ Although no active or potentially active fault traces are known to cross the project site, there could be subsurface geotechnical constraints associated with development of the property. Potential geotechnical impacts would be reduced to a less than significant level through the implementation of the following mitigation measures: A detailed geotechnical evaluation, including subsurface exploration and laboratory testing shall be approved by the City of Santa Ana Planning and Building Agency prior to issuance of a grading permit or construction permit, whichever is obtained first. The City shall require, as appropriate, those measures identified in the geotechnical report for incorporation into the project. Prior to project construction, existing on-site improvements shall be evaluated and reconunendations developed by the project geotechnical consultant to mitigate against identified adverse geotechnical impacts. Significant Effect The potential for strong ground motions to occur at the site as a result of earthquakes on one of the many faults in the region is significant. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. 6 Facts in Support of the Finding Natural gas lines serving uses on the site could be damaged during earthquakes which could cause explosions and fires. The potential for natural gas lines being raptured during an earthquake and causing explosions can be reduced to a less than significant level through the implementation of the following mitigation measure: All buildings shall be designed and constructed in'compliance with the Seismic Safety Element of the City's General Plan and all applicable portions of the Uniform Building Code and Building and Municipal Code of the Public Works Agency. New gas lines shall be equipped with automatic shut-offvalves that will be activated in the event of a major earthquake. Significant Effect Heavy equipment and other non-structural features could impact property and people on the site during periods of groundshaking if not securely fastened. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Sup.non of the Finding During both proj~ construction and throughout the life of the project heavy equipment could fall onto people and/or damage buildings if not securely fastened. Potential impacts due to equipment falling would be reduced to a less than significant level through the implementation of the following mitigation measure: All potentially dangerous non-structural features of the project as determined by the Planning Division shall be tied into structural elements of the building. Heavy equipment and other potentially hazardous objects shall be secured to floors and/or walls. HYDROLOGY~RAINAGE 123 Significant Effect The increased Mn-off generated by the project will decrease the capacity of the existing storm drain system that serves the site. Based on the preliminary hydrology study prepared for the project, the existing storm drain system serving the site does not have adequate capacity to handle the mnoffgenerated by the project. 7 Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Finding The local storm drain system will have to be upgraded in order for the increased amount of runoff from the site to be adequately carried by the local system. Potential impacts to the local storm drain system can be reduced to a less than significant level through the implementation of the following mitigation measure: Prior to the issuance of a building permit, the applicant shall construct a 48-inch main line storm drain connecting to Orange County Flood Control District's (OCFCD) Southwest Tustin Channel (Facility F11) consistent with the City of Santa Ana's Master Plan of Drainage. The applicant shall connect to the new 48-inch line with a new 24-inch storm drain lateral from the project site. Significant Effect During construction, portions of the site could be exposed to elements which could cause erosion. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Findin_~ The grading activities associated with the construction of the project will result in soil erosion and surface water runoffimpacts. The following mitigation measures will minimize hydrology impacts: Prior to issuance of Certificate of Occupancy to Orchard Supply Hardware, those pads and portions of the site not being developed shall be provided interim landscaping as follows to the satisfaction of the City to minimize dust generation: Retail Buildings 2 and 3 and Pads A and B-turf grass; open space areas, including proposed parking lots- wildflower mix. The interim landscaping plan shall be approved by the City of Santa Ana Case Planner and the Landscape Development Associate and be consistent with the Building Division's set of working drawings (including grading plans prepared by the civil engineer). During periods of rainfall or whenever water is used on-site during project grading or construction, all runoff shall be diverted from areas exposed to construction through the use ofberms (sand bags), or other such devices, to minimize stormwater contamination and prevent sediment-filled runoff from being deposited in City or County storm drains. 8 The use of berms and/or sand bags shall be approved by the City Building Department prior to their use. Significant Effect Increased automobile traffic and parking due to the project would result in an increasing concentration in contaminants in storm water runoff. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Finding Impacts to storm water runoffwill be reduced by the following mitigation measures: Parkin8 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 of County storm drain system. Significant Effect Both short-term construction impacts and long-term operation impacts from site runoffmay adversely affect water quality. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Findin_~ Construction and operation of the proposed project would require the applicant to apply for, obtain and comply with permits that will reduce the potential impacts to less than significant levels through the following mitigation measures: Should any project generated sediment be deposited in either the City and/or County storm drain system, the project developer shall immediately remove the sediment from the storm drain system to the satisfaction of the City of Santa Ana Public Works Agency and/or the County of Orange Flood Control District at his cost. The project developer 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 developer shall comply with 9 125 the guidance and policies of the City Engineer and the RWQCB. The report shall be filed with the respective agencies prior to the issuance ora grading permit. The project developer shall prepare a comprehensive, long-term post construction stormwater management plan, incorporating both structural and non-structural Best Management Practices (BMP's). The plan shall be approved by the City of Santa Aha Public Works Agency prior to the issuance ora grading permit. TRANSPORTATION/CIRCULATION Significant Effect There is a lack of adequate ingress/egress driveways for project traffic. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Findin_~ The project does not have adequate driveway access at this time for project traffic. New ingress/egress driveways along with proper signage and. signalization will be required. Potential access impacts from Seventeenth Street i:an be reduced to a less than significant level through the implementation of the following mitigation measures: 1. The project developer shall construct the project driveways on Seventeenth Street. The project developer shall modify the traffic signal at the main project driveway on Seventeenth Street for traffic generated from the proposed site. This signal has not yet been installed and is a condition of approval of the Gateway Shopping Center Project (now referred to as the Centre on Seventeenth Project). Significant Effect As proposed, the project has a parking code deficiency of 62 spaces. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Findin_~ The project developer has requested a ten percent parking reduction in the number of parking spaces required by the zoning code to take into account the sharing of parking spaces by the retail 10 uses. The potential impacts with reduced parking can be reduced to a less than significant level through the implementation of the following mitigation measure'. The project applicant shall request approval of a variance for ten percent reduction in parking. Am QUALITY Significant Effect The project will have short-term air quality impacts during project grading and construction. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Findin_~ There will be air emissions generated during both project grading and construction that will impact local air quality. The following mitigation measures will reduce short-term air impacts, with the exception of nitrogen oxide emissions, to a less than significant levels: One week prior to the start of grading, the applicant shall contact by mail all residents immediately adjacent to the site and advise them to keep windows closed in order to minimize dust intrusion. The general contractor shall use Iow emission mobile construction equipment, where feasible. The general contractor shall water the site and clean equipment morning and evening to comply with the AQMP Fugitive Dust Measures BCM-03 and BCM-06. The general contractor shall water the construction site and unpaved haul roads (with use of reclaimed water or chemical soil binder, where feasible) twice daily. Construction operations shall include that on-site crews wash off'trucks leaving the site to comply with the AQMP Fugitive Dust Measure BCM*01. The general contractor shall apply chemical soil stabilizers according to manufacturer's specifications to all inactive construction areas (previously graded areas which remain inactive for 96 hours). The general contractor shall sweep streets daily if silt is carded over to adjacent public thoroughfares. 7. Trafl~c speeds on all unpaved road surfaces on-site shall be $ miles per hour or less. ].27 11 128 The general contractor shall suspend grading operations during first and second stage smog alerts. The general contractor shall suspend all grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour. 10. The general contractor shall 11 maintain construction equipment engines by keeping them properly tuned. NOISE Significant Effect There will be a temporary increase in noise levels due to site grading, equipment operation and building construction. Residents on the north side of the project will experience shielded noise levels of 72-81 dBA when equipment is within 50 feet of the north property line. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Finding Episodes of high noise levels associated with construction activities will not be continuous throughout the day. The significant effect has been reduced to a level of insignificance by virtue the following mitigation measures identified in the Final EIR and incorporated into the project: A construction traffic plan showing locations of equipment staging area and construction employee parking shall be prepared and approved by the City Planning and Building Division. All employee construction traffic shall be routed as far as possible fi.om the residences along the north, northwest and northeast project boundary. All outdoor construction activities shall be limited to the hours of 7:00 AM to 8:00 PM, Monday through Saturday. No construction shall be permitted on Sunday or Federal holidays. All construction equipment, stationary or mobile, shall be equipped with properly operating and maintained muffling devices. Stationary construction equipment shall be placed such that emitted noise is directed away fi.om residential land uses. Tempora~ noise barriers, enclosures or shrouds shall be installed, when appropriate, to reduce noise emitted fi.om stationary construction equipment. Prior to the issuance ora grading permit, the project applicant shall construct a new 8 foot high wall along the north property line contiguous to the existing 6 foot wall. The wall must be solid top to bottom with no opening or decorative cut-outs. 12 Significant Effect Noise associated with the operation of the trash compactor at the Orchard Supply Hardware store could potentially impact five residences adjacent to and northeast of the project. Noise associated with truck deliveries will exceed the allowable nighttime noise criteria of 50 dBA and may create disturbances to residents. Calculations indicate the City's noise criteria can be met with the construction of 8 foot screen walls on the north side of the loading docks where delivery trucks will park and unload materials. The operation of the rooftop mechanical equipment on each of the three retail buildings near the north property boundary will not exceed the City of Santa Ana noise standard orS0 dBA at nighttime periods. Noise levels associated with outdoor paging used in the garden area of the Orchard Supply Hardware store, retail buildings 2 and 3 and fast food restaurant at Pad A could impact residents north and northeast of the site. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Finding There will be noise impacts during the life of the project due to the operation of mechanical equipment, truck deliveries and activities normally associated with a shopping center. The following mitigation measures will reduce long-term noise impacts to less than significant levels when incorporated into the project: The screen dock walls shall be a minimum of 8 feet high relative to the loading dock elevation and the screen dock walls shall be 15 feet longer than the longest proposed truck. Speed bumps shall not be allowed along the northern most driveway. 8. Signs shall be posted on-site restricting vehicular speed to 5 MPH. Signs shall be posted in the loading dock areas prohibiting the use of vehicle horns and yelling. Prior to installation and operation of any outdoor paging system for retail buildings 1, 2 or 3, an acoustical study will be prepared to confirm that any resultant noise impact on the adjacent residential users does not exceed the City's noise criteria threshold of 55 dBA during daytime periods.. 13 130 11. The facade of the west, north and east building elevations of the retail buildings located at the north end of the site shall be a rough surface to reduce noise reflections. ! 2. All walk-through and mil-up doors shall be closed when not in use. 13. Ali noise walls shall be standard masonry or concrete block or any other material with a minimum surface weight of 4 pounds per square foot. No gaps or openings shall be permitted. All gaps are to be sealed. 14. All delivery truck engines shall be offunless needed to operate refrigeration equipment. 15. All trash compactors shall be shielded by either dock walls or separate enclosures. 16. In order to mitigate noise from mechanical equipment, parapet walls along the north, east and west rooftop sides of retail buildings 1, 2 and 3 shall be a minimum of 5 feet. As an aiternative the parapet walls of less than 5 feet may be considered on a case-by-case basis, if supporting acoustical analysis demonstrate compliance with the 50 dBA noise standard for nighttime periods. 17. No fast food restaurant speaker boxes shall be directed toward the north property boundary. 18. For retail buildings 1, 2 and 3, trash pick-up vehicles and vehicles cfa size equal to an SU- 30 truck and larger shall be prohibited form making deliveries between the hours of 10 PM and 7 AM. 19. Parking lot sweeping or outdoor clean-up activity behind the from building elevations shall be limited to the hours of 7:00 AM to midnight. POLICE PROTECTION Significant Effect The development of the project could result in safety impacts to those people that would park in parking spaces along the northwest and northeast portion of the project in the evening hours. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Finding The potential safety impacts to employees and patrons parking in parking spaces northwest and northeast of the retail buildings can be reduced to a less than significant level through the implementation of the following mitigation measures: 1. No parking shall be allowed along the northern project boundary. 14 131 The project will be required to provide parking area security patrols, but only at such time a parking spaces are actually striped and available for public use on the west side of retail building 3 north of the building storefront. Such patrols will be required only during the hours from sundown until one-half hour after the stores close. Six months at, er implementation and annually thereafter, this mitigation measure will be reviewed by the Santa Ana Police Department for possible modifications based upon observations by the property owner and review of Police Department ~ncident reports. LIGHT AND GLARE Significant Effect The project will significantly increase the mount of light and glare generated from the site due to parking lot lighting, advertising signs, security and safety lighting alon8 the rear (north side) of the retail buildings. Depending upon the intensity and amount of shielding of project lighting, residents adjacent to and north of the site could experience a significant increase in illumination and lighting from tlie site. The project will generate additional glare associated with automobiles and building windows. Glare from the project is not anticipated to significantly impact residents adjacent to the site because the existing block wall along the project boundary will interrupt glare extending to the residences. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Findin_~ The potential impacts with nighttime lighting on the site, especially security lighting along the northwest, north and northeast sides of retail buildings 1, 2 and 3 could impact those residents adjacent to the project site. The incorporation of the following mitigation measures will reduce the potential light and glare impacts to a level of insignificance: The site plan shall be reviewed by the City Planning and Building Agency and the Police Department for potential light impacts to those residential units adjacent to and northwest, north and northeast of the site. All project lighting shall comply with the City of Santa Aha Security Ordinance. Lighting in close proximity to the light sensitive residential uses adjacent to the site shall be directed on-site and shielded from extending directly off-site. Prior to the issuance of a building permit, the project developer 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 that offsite light impacts 15 to the adjacent residential neighborhood will not exceed 0.2 foot candle. This study shall be submitted to the City of Santa Ana Police Department, Crime Prevention Sergeant. To minimize excessive light and glare, building exteriors shall utilize a Iow reflective 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. Plant materials, shade structures and other architectural design features shall be used where appropriate to decrease reflectivity ofhardseape and light and glare toward adjacent residences. AESTHETICS Significant Effect The project will aesthetically affect the existing south views of the project site from the second floor residences adjacent to the project..Open views will be replaced by views of parking lot or rear of buildings for those residents adjacent to and north, northeast and northwest of the site. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final E1R. Facts in Support of the Finding The potential aesthetic impacts with the project can be reduced to a level of insignificance with incorporation of the following mitigation measures: The City shall approve a landscaping plan prior to the issuance of building permits. Trees as determined by City Planning Division staff shall be planted in the landscape area along the north project boundary to buffer the project from adjacent residents. Prior to issuance of a grading permit the project applicant shall replace the existing 6 foot wall along the north project boundary with an 8 foot high wall along the north project boundary. 16 133 HUMAN HEALTH Significant Effect The development of the project could result in existing vectors that may be present on the site to mitigate to adjacent residential areas at the start of project grading. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of the Findin~ If roof rats and field mice are present on the site they could migrate to surrounding areas at the start ofproject grading. A successful eradication program can sig~ficantly reduce, or entirely eliminate any vectoi's on the site that could migrate to surrounding properties. Incorporation of the following measures will reduce potential impacts to surrounding residents: The project applicant shall contact the Orange County Vector Control at least two months prior to the start of grading requesting a site inspection for the presence of vectors. Should vectors be present, the project applicant shall initiate methods recommended by the Orange County Vector Cont~'Ol to eliminate or reduce identified vectors. One week prior to the start ofgradinfi the project applicant shall contact Orange County Vector Control for a follow-up visit to determine the success of the eradication program. One week prior to the start of grading the project applicant shall contact by mail all property owners adjacent to the site. The notice shall state the date grading will begin and to watch for visible signs of vectors. SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED IF THE PROJECT IS DEVELOPED AIR QUALITY Significant Effect The estimated nitrogen oxide (NOx) emissions generated by construction equipment exceeds the Significance Emissions Thresholds established by the South Coast Air Quality Management District (SCAQMD): Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIK 17 134 Facts ill Support of Finding: The general contractor shall use low emission mobile construction equipment where feasible. The general contractor shall maintain construction equipment by keeping them properly tuned. Significant Effect Locally, the potential carbon monoxide (CO) increases due to the project will exceed the Significance Emission Threshold established by the SCAQMD. Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Facts in Support of the Findin_m The proposed project would emit 782 pounds per day of CO and the SCAQMD threshold is 550 pounds per day. Mitigation cannot reduce this impact to a level of insignificance. Significant Effect The project will contribute to cumulative long-term air quality impacts. Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Facts in Support of the Findin~ There will be air emissions generated during the life of the project that will cumulatively have unavoidable adverse impacts on regional air quality. Although the following mitigation measures will lessen long-term impacts, cumulative emissions remain unavoidable and adverse: 1. The project applicant shall use low emission on-site stationan] equipment (e.g., clean fuels). 2. The project applicant shall implement a Transportation Demand Management Program. 18 TRANSPORTATION/CIRCULATION Significant Effect Cumulatively, the project would contribute trips t° the intersection of Tustin Avenue at Seventeenth Street which will continue to operate at an unacceptable Level of Sen,qce in the PM peak hour period. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the Final EIR. Facts in Support of Findin_~: The significant effect has been substantially lessened, but not a level of insignificance, by virtue of the following mitightion measures identified in the Final EIR and incorporated into the project: The project shall participate in the City's Areawide TSIA fee program (currently the fee is $5.53 per square foot of commercial development, however, the TSIA fee is subject to change). The project developer shall implement a Transportation Demand Management (TDIV0 program aimed at reducing singlo occupancy vehicle trips generated to and from the project site. VH. MITIGATION MEASURES FOR IMPACTS CONSIDERED 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 under CEQA. However, these measures improve the Project and are acceptable under CEQA. Findings are not required for the effects determined to be less than significant. HISTORIC RESOURCES Construction of the project will require the removal or demolition of the existing vacant Cox- Klatt-Wilde house built in 1900. Due to the alterations that have occurred to the house, the house is not eligible for the National Register of Historic Places. Demolition or relocation of either or both houses on the site will not result in any significant adverse historical impacts. The incorporation of the following measures will minimize historical impacts due to the demolition or relocation of the existing houses on the site. The property owner shall continue to advertise to the general public the opportunity for the houses to be sold/relocated until the start of project grading. The exterior of all three buildings shall be photographed and documented once all landscaping, vegetation and window security coverings are removed prior to 19 '135 136 demolition or relocation. Black and white photographs of the buildings exterior and interior shall be submitted to both the City of Santa Aha and the History Room of the Santa Ana Library for safekeeping. AESTHETICS Foot traffic between the project site and the adjacent parcel to the east may result in disturbance to the landscaping. The following mitigation measure will minimize harm to the landscaping: The final landscaping plan shall indicate stepping stones, as necessary, on the east property line to prevent degradation of the landscaping from foot traffic between the Home Place Shopping Center and the property east of the site. ENERGY CONSERVA~ON The adherence to regulatory requirements regarding energy will reduce energy consumption impacts. The following mitigation measures will help minimize the amount of energy normally consumed by a shoDping center throughout the life of the project: The project shall be reviewed by the Energy Services New Construction Department at Southern California Edison to determine those measures that can be incorporated into a project to reduce electrical demands. The project developer shall incorporate all measures into the project as economically feasible as determined by the City Building Division. 2. The project shall meet all applicable State of California Title 24 Energy ~uidelines. WATER SERVICE The adherence to City required water conservation measures will reduce water consumption impacts and fire flow needs by the project. The following mitigation measures will reduce water service impacts to less than significant: Water conservation and management techniques shall be incorporated into the design, construction and operation of the project, including the use of fixtures that use reduced volumes of water, landscaping irrigation in early morning and evenings hours to reduce water lost to evaporative and incorporate drought tolerant plant species for new landscaping. The City of Santa Arm 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 determined during site plan review shall be borne by the project developer. WASTEWATER The Public Works Agency has determined that the project will not adversely impact the existing sewage system. The following mitigation measure will ensure the wastewater impacts by the project will be insignificant: 2O 137 Prior to the issuance of building permits, the project sponsor shall obtain all permits and pay all fees required by the City in order to provide an acceptable level of sewage treatment service. SOLID WASTE The incorporation of all applicable City mandated solid waste reduction requirements will allow the City to continue to work towards meeting State requirements. Incorporation of the following measures will ensure the City will continue to mee~ State requirements resulting in insignificant solid waste hnpacts: The City shall encourage recycling of materials generated on the site during both project construction and the life of the project by encouraging contractors to recycle construction debris when feasible and use recyclable materials for construction. In accordance with the City's Solid Waste Integrated Management Plan, the project developer shall prepare and submit a Source Reduction and Recycling Plan to the Public Works Agebcy and the Planning Division, prior to the issuance of occupancy permits. The Plan shall document and outline the incorporation of an on-site recycling/conservation program. The project developer shall provide a designated area adjacent to refuse containers for retail buildings 1, 2, and 3 that accommodate separated recyelable material (such as cardboard and paper) for collection. VIIL ALTERNATIVES TO THE PROPOSED PROJECT CEQA Guidelines Section 15126(d) requires a discussion of reasonable alternatives to the proposed project. The EIR evaluated three alternatives in addition to the proposed project. It should be noted that other alternatives were not considered or evaluated due to their inconsistency with the objectives of the project or were deemed infeasible as discussed in Section [IL NO PROJECT ALTERNATIVE Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the Facts in Support of Finding As compared to the proposed project, there would be no significant unavoidable adverse impacts with the No Project Alternative as the site would remain undeveloped. Although the No Project Alternative would not have any environmental impacts, the City would not receive the benefits associated with the project, including the creation of 100 new full and part-time jobs and increased revenue due to retail sales tax and property tax. 21 1 3 8 DEVELOPMENT CONSISTENT WITH EXISTING ZONING Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Facts in Support of Findin_~ This project alternative is the same as the proposed project, except this alternative would require retail buildings 1, 2 and 3 to be constructed a minimum of 65 feet from the northerly property line. The only difference between this alternative and the proposed project is the 65 foot setback. The same amount of retail space, uses and parking spaces would be provided with this alternative as the proposed project. Most of the impacts identified with the proposed project would occur with this alternative, except for aesthetics, noise and lighting. Since the three retail buildings would be further from the residences north, northwest and northeast of the project, there would an incremental reduction in nighttime lighting, noise and aesthetic impacts to adjacent residents with this alternative because the three retail buildings would be further from the residents. Although the associated impacts would be incrementally less, [llere were not any significant adverse noise, light or aesthetic impacts to adjacent residents identified with the proposed project. Therefore, this alternative would be considered infeasible because it would not eliminate any adverse impacts. ALTERNATIVE SITE Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Facts in Support of Finding The alternative site evaluated in the DEIR was a 9.7 acre vacant site located at Fourth Street and the Santa Ana Freeway. This alternative would reduce or eliminate some of the potential impacts associated with the proposed project including historical resources since the alternative site would not require the demolition or relocation of two single-family homes, human health due to the lack of residential development in the immediate area that may be impacted by vectors on the site, light and glare and noise impacts since no residential land uses are adjacent to the site. Since the project applicant does not own the alternative site this alternative, is considered to be economically infeasible. This alternative is found to be infeasible because it would be located in a professional office district and not be as accessible to residents in northeast Santa Ans. IX. STATEMENT OF OVERRIDING CONSIDERATIONS The City has made a reasonable and good faith effort to mitigate potential impacts resulting from the development of the proposed project. Changes and alterations to the proposed development have been adopted which will substantially lessen or avoid significant environmental impacts as identified in the Draft EIR. Additionally, the City Council has adopted a Mitigated Monitoring Program for the Home Place Shopping Center which outlines how the mitigation measures adopted as part of the proposed project will be implemented, monitored and evaluated. The 22 benefits of the proposed project have been balanced against and outweigh the unavoidable adverse environmental impacts identified in the Dra~ EIR. The City of Santa Aha makes the following Statement of Overriding Considerations. The following project-specific and cumulative impacts of the Home Place Shopping Center are considered significant and unavoidable based on the Drat~ EIR, Final E]R, Mitigation Monitoring Program and the findings discussed previously: 1. Short-term construction emissions of nitrogen oxide will exceed dally thresholds. 2. Locally, the potential carbon monoxide (CO) increases due to the project will exceed the carbon monoxide concentration threshold and result in an unavoidable adverse impact. 3. The project will contribute to the cumulative air quality impacts in the Basin. 4. Under cumulative conditions, with the project and assuming a 15% TDM reduction and cumulative mitigation, the intersection of Tustin Avenue at Seventeenth Street will continue to'operate at an unacceptable Level of Service F in the PM peak hour. The City Council, acting pursuant to Section 15093 of the State CEQA Guidelines, hereby finds that for the reasons set forth below, the economic, social, and other benefits of the project outweigh the unavoidable air quality and traffic impacts identified in the findings. In making this finding, the City Council has balanced the benefits of the proposed project against its unavoidable environmental impacts and has indicated its willingness to accept those risks. In part, the project will provide the following benefits: 1. Provide more than 100 new full and part-time jobs in the City. 2. Increase retail sales and property tax for the City. 3. Provide a retail center serving the home improvement/hardware needs of'the local 4. Reduce and/or eliminate the need for some city residents to travel to adjacent communities to shop for products and services that will be available on the site. 5. Enhance the character of the Seventeenth Street corridor and further strengthen the commercial activity node at the coruer of Seventeenth Street and Tustin Avenue. 6. Provide significant contributions to areawide traffic fees for local road improvements. 139 23 141 FINAL MITIGATION MONITORING PROGRAM HOME PLACE SHOPPING CENTER Prepared For: THE CITY OF SANTA ANA 206 W. FOURTH STREET SANTA ANA, CALIFORNIA 92702 (714) 667-2792 Prepared By: PHIL MARTIN & ASSOCIATES 22672 BALTAR MISSION VIE JO, CALIFORNIA 92691 (714) 587-0052 STATE CLEARINGHOUSE NO. 19600427 MAY 5, 1997 142 SECTION 1 INTRODUCTION The State of California Public Resources Code 21086.6 (AB3180) 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 (MND), has identified measures to reduce potential adverse environmental impacts to levels that are less than significant. The City of Santa Ana is the lead agency for the Home Place Shopping Center project, and therefore, is responsible for the implementation &the mitigation monitoring program. As such, a mitigation monitoring program (MIVlP) 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 MMP procedures. Section 3 contains the mitigation measures for the project and identifies the timing of the implememation or verification of each measure, the method of verification, and the party responsible for verifying that the measure is successfully implemented. The project applicant is responsible for the implementation of each measure, and the City representative is responsible for verifying that the measure has been satisfactorily completed through plan check, field inspections, and/or written evidence submitted to the City by the project applicant or the applicant's agent, which verifies that the measure has been successfully implemented. Appendix A contains a sample "compliance verification" form which can be used to report the project's compliance et' each measure. The City may develop alternative forms for use in compliance verification. SECTION 2 PROGRAM MANAGEMENT The Mitigation Monitoring Program (MMP) for the development of the Home Place Shopping Cemer project will be in place throughout all phases of the project, including design, construction and operation. The 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 of the Planning Division, Planning and Building Agency having the primary roles 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 project applicam and are vested with the authority to act accordingly. Plannin_~ and BuildinE A~ency Planning Division Building Division Planning Manager Environmental Coordinator Case Planner Landscape Associate Inspection Services Manager Senior Plan Check Engineer Development Engineering Division Water Resources Division Engineering Services Manager Enterprise Coordinator Water Resources Manager Fire Prevention Division Fire Marshall Community Services Division Police Administration Deputy Cbief Crime Prevention Sergeant Community Services Specialists The Environmental 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 compliance verification forms to be developed by the City and supported by the Environmental Coordinator. A sample of a compliance verification tbrm is provided in Appendix A. Designated monitors shall ensure 143 144 compliance verification forms are filled out correctly and proper action is being taken on each measure. Designated monitors are also responsible for filing and updating the verification 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 abilities is required. Ir'it is found that an adopted mitigation measure is not being properly implemented, the designated monitors shall require corrective actions to ensure adequate implementation. 4 SECTION 3 145 MITIGATION MONITORING PROGRAM The project applicant shall obtain a general plan amendment and zone change for the northerly 65 feet of the property in order to allow development of the project as proposed. Timing of Implementation/Verification Prior to issuance of a grading permit Resolution approved by City Council Responsible Parties Planning Division: Case Planner A detailed geotechnical evaluation, including subsurface exploration and laboratory testing shall be approved by the City of Santa Ana Planning and Building Agency prior to issuance of a grading permit or construction permit, whichever is obtained first. The City shall require, as appropriate, those measures identified in the geotechnical report for incorporation into the project. Timing of Implementation/Verification Prior to issuance of a grading pen'nit or construction permit, whichever is first. Grading/Building plan check Responsible Parties Building Division: Senior Plan Check Engineer Prior to project construction, existing on-site improvements shall be evaluated and recommendations developed by the project geotechnical consultant to mitigate against identified adverse geotechnical impacts. Timing of Impl¢ipentation/Verification Prior to issuance of a grading permit or building permits, whichever is first. Grading/Building plan check Responsible Parties Building Division: Senior Plan Check Engineer All buildings shall be designed and constructed in compliance with the Seismic Safety Element of the City's General Plan and all applicable portions of the Uniform Building Code and Building and Municipal Code of the City of Santa Ana. 146 Timin_~ of [m.olement ationFVerifi catinn Prior to issuance ora building permit Building plan check Building Division: Senior Plan Check Engineer New gas lines shall be equipped with automatic shut-offvalves that will be activated in the event of a major earthquake. Timin~ of Implementation/Verification Prior to issuance of a certificate of occupancy. Building plan check Building Division: Senior Plan Check Engineer All potentially dangerous non-structural features of the project as determined by the Planning Division shall be tied into structural elements of the building. Heavy equipment and other potentially hazardous objects shall be secured to floors and/or walls. Timing of Implementation/Verification Prior to issuance of building permits. Building plan check and field inspection Building Division: Senior Plan Check Engineer; Planning Division: Case Planner Prior to the issuance of a building permit, the applicant shall construct a 48-inch main line storm drain connecting to Orange County Flood Control District (OCFCD) Southwest Tustin Channel (Facility Fl 1) consistent with the City of Santa Ana's Master Plan of Drainage. The applicant shall connect to the new 48-inch line with a new 24-inch storm drain lateral from the project site. Timing of Implementation/Verification Prior to completion of Seventeenth Street improvements. Grading plan check and final inspection for Seventeenth Street. Project applicant; Public Works Agency: Engineering Services Manager Prior to issuance of Certificate of Occupancy for Orchard Supply Hardware, those pads and portions of the site not being developed shall be provided interim landscaping as follows to the satisfaction of the City to minimize dust generation: Retail Buildings 2 and 6 3 and Pads A and B-turf grass; open space areas, including proposed parking lots- wildflower mix. The interim landscaping plan shall be approved by the City of Santa Ana Case Planner and the Landscape Development Associate and be consistent with the Building Division's set of working drawings (including grading plans prepared by the civil engineer). Timing of Implementation/Verification Prior to issuance of Certificate of Occupancy for Orchard Supply Hardware. Grading, building and landscaping plan check; periodic field inspection during grading operations Building Division: Inspection Services Manager; Planning Division: Landscape Associate; Case Planner; Environmental Coordinator During periods of rainfall or whenever water is used on-site during project grading or construction, all runoff shall be diverted from areas exposed to construction through the use ofberms (sand bags), or other such devices, to minimize stormwater contamination and prevent sediment-filled runoff from being deposited in City or County storm drains. The use ofberms and/or sand bags shall be approved by the City Building Department prior to their use. Timing of Implementation/Verification Condition of grading and building permits. Grading plan check; field inspection Public Works Agency: Engineering Services Manager 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 or County storm drain system. Timin_a of Implementation/Verification On-going during all phases of project construction. On-site field inspection. Public Works Agency: Engineering Services Manager; Water Resources Manager; Planning Division: Environmental Coordinator. Should any project generated sediment be deposited in either the City and/or County storm drain system, the project developer shall immediately remove the sediment from the 148 storm drain system to the satisfaction of the City of Santa Aha Public Works Agency and/or the County of Orange Flood Control District at his cost· Timing of Implementation~rerification On-going during project construction. On-site field inspection. Public Works Agency: Engineering Services Manager; Water Resources Manager The project developer 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 developer shall comply with the guidance and policies of the City Engineer and the RWQCB. The report shall be filed with the respective agencies prior to the issuance of a grading permit. Timing of Implementation/Verification Prior to issuance of a grading permit. Method of Verification Surface drainage and grading plan check. Regional Water Quality Control Board; Public Works Agency: Engineering Services Manager; Water Resources Manager; Project Developer The project developer shall prepare a comprehensive, long-term post construction Stormwater Pollution Prevention Plan (SWPPP), incorporating both structural and non- structural Best Management Practices 0tMP's). The plan shall be approved by the City of Santa Aha Public Works Agency prior to the issuance ora grading permit. Timing of Implementation/Verification Prior to issuance of a grading permit. Surface drainage and grading plan check Responsible Parties Public Works Agency: Engineering Services Manager; Water Resources Manager Histnric Resources The property owner shall continue to advertise to the general public the opportunity for the houses to be sold/relocated until the start of project grading. Timing of Implementation/Verification On-going until start of grading. Method of Verification Copy of classified advertisement Project applicant; Planning Division: Environmental Coordinator The exterior of all three buildings shall be photographed and documented once all landscaping, vegetation and window security coverings are removed prior to demolition or relocation. Black and white photographs of the buildings exterior and interior shall be submitted to both the Historic Resources Review Committee and the History Room of the Santa Aha Library for safekeeping. Timing of Implementation/Verification Prior to issuance of a grading permit. Visual inspection of photographs at the City and the Santa Aha Library. Planning Division: Case Planner; Environmental Coordinator The project developer shall construct the project driveways on Seventeenth Street. Timing of Implementation/Verification Prior to issuance of a certificate of occupancy. Field inspection Project applicant; Public Works Agency; Engineering Services Manager The project developer shall modi~ the traffic signal at the main project driveway on Seventeenth Street for traffic generated fi.om the proposed site. This signal has not yet been installed and is a condition of approval of the Gateway Shopping Center Project (now referred to as the Centre on Seventeenth Project). Timing of Implementation/Verification Prior to issuance of certificate of occupancy for Phase 1. Field inspection Project applicant; Public Works Agency: Engineering Services Manager The project shall participate in the City's Areawide TSIA fee program (currently the fee is $5.53 per square-foot of commercial development, however, the TSIA fee is subject to change). Timing of Implementation/Verification Prior to issuance &building permits. Metlm~f_VerificatiQn Written verification of cancelled checks 9 ]:49 150 Timing of Imple~nentation/Verification Responsible Parties Responsible Parties Public Works Agency: Engineering Services Manager The project developer shall implement a Transportation Demand Management (TDM) program aimed at reducing single occupancy vehicle trips generated to and from the project site. The TDM program will be contained in the Covenants, Conditions, and Restrictions (C.C.& R's) associated with the project. Condition of certificate of occupancy; on- going during the life of the project. Written report to be provided by the project applicant or representative annually Project applicant; Public Works Agency: Engineering Services Manager The project applicant shall request approval ora variance for ten percent reduction in parking. Timing of Implement ation/Verification Prior to site plan approval Building plan check Planning Division: Case Planner; Environmental Coordinator One week prior to the start of grading, the applicant shall contact by mail all residents immediately adjacent to the site and advise them to keep windows closed in order to minimize dust intrusion. Timing of Implementation/Verification Method of Verification Responsible Parties Prior to start of grading. Verification of mailing. Project applicant; Planning Division: Case Planner; Environmental Coordinator Tile general contractor shall use low emission mobile construction equipment, where feasible. Timing of Implementation/Verification On-going during project construction Method of Verification Visual on-going site inspection during project construction. 10 Responsible Parties Building Division: Inspection Services Manager; Planning Division: Environmental Coordinator The general contractor shall water the site and clean equipment morning and evening to comply with the AQMP Fugitive Dust Measures BCM-03 and BCM-06. The general contractor shall water the construction site and unpaved haul roads (with use of reclaimed water or chemical soil binder, where feasible) twice dally. On-going during project construction. Method of Verification Visual site inspection. Responsible Parties Building Division: Inspection Services Manager; Planning Division: Environmental Coordinator Construction operations shall include on-site crews that wash offtrucks leaving the site to comply with the AQMP Fugitive Dust Measure BCM-01. Timing of hnplementation/Verification Condition of grading permit issuance Grading plan check; periodic field inspections during grading Responsible Parties Building Division: Inspection Services Manager; Planning Division: Environmental Coordinator. The general contractor shall apply chemical soil stabilizers according to manufacturer's specifications to all inactive construction areas (previously graded areas which remain inactive for 96 hours). Timing of Implementation/Verification Condition of grading permit issuance Grading plan check; periodic field inspections during grading Responsible Parties Building Division: Inspection Services Manager; Planning Division: Environmental Coordinator. The general contractor shall sweep streets daily if silt is carded over to adjacent public thoroughfares. Timing of Implementation/Verification On-going during project construction. Method of Verification Visual inspection. 11 152 10. Responsible Parties Building Division: Inspection Services Manager; Planning Division: Environmental Coordinator. Traffic speeds on all unpaved mad surfaces on-site shall be 5 miles per hour or less. Timing of Implementation/Verification On-going during project construction. Visual site inspection. Building Division: Inspection Services Manager; Planning Division: Environmental Coordinator. The general contractor shall suspend grading operations during first and second stage smog alerts. Timing of Implementation/Verification On-going during project grading. Visual on-site inspection. Responsible Parties Building Division: Inspection Services Manager; Planning Division: Environmental Coordinator. The general contractor shall suspend all grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour. Timing oflmplemantation/Verification On-going during project grading. Visual on-site inspection. Building Division: Inspection Services Manager; Planning Division: Environmental Coordinator. The general contractor shall maintain construction equipmem engines by keeping them properly tuned. Timing of Implementation/Verification Prior to start of grading and on-going during project grading. Visual site inspection. Building Division: Inspection Services Manager; Planning Division: Environmental Coordinator 12 11. The project applicant shall use Iow emission on-site stationary equipment (e.g., clean 12. N'olse !. fuels). Timing of Implementation/Verification Responsible Parties On-going during project construction. Visual inspections. Building Division: Inspection Services Manager; Planning Division: Environmental Coordinator The project applicant shall implement a Transportation Demand Management Program. Timing of Implementation/Verification Responsible Parties Condition of certificate of occupancy; on- going during the life of the project Written report to be provided by the project sponsor or representative annually Public Works Agency: Engineering Services Manager; Planning Division: Environmental Coordinator A construction traffic plan showing locations of equipment staging area and construction employee parking shall be prepared and approved by the City Planning and Building Division. All employee construction traffic shall be routed as far as possible from the residences along the north, northwest and northeast project boundary. Timing of Implementation/Verification Method of Veriftcatkm Responsible Parties Prior to issuance of a grading permit. Grading plan check Planning Division: Environmental Coordinator; Public Works Agency: Engineering Services Manager All outdoor construction activities shall be limited to the hours of 7:00 AM to 8:00 PM, Monday through Saturday. No construction shall be permitted on Sunday or Federal holidays. Timing of Implementation/Verification Prior to issuance ora grading permit and building permits. Grading/Building plan check and visual inspection on-going during project construction. 153 13 154 Building Division: Inspection Services Manager; Planning Division: Environmental Coordinator All construction equipment, stationary or mobile, shall be equipped with properly operating and maintained muffling devices. Timing of Implementation/Verification Prior to start of grading and building. Visual inspection initially and on-going during project construction. Building Division: Inspection Services Manager 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 installed, when appropriate, to reduce noise emitted from stationary construction equipment. Timing of Implementation/Verification Prior to issuance of a grading permit and building permits and on-going during project construction. Grading/building plan check and visual on- going site inspection. Building Division: Inspection Services Manager; Planning Division: Environmental Coordinator The screen dock walls shall be a minimum of 8 feet high relative to the loading dock elevation and the screen dock walls shall be 15 feet longer than the longest proposed truck. Timing of Implementation/Verification Prior to issuance of a building permit. Building plan check Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; Environmental Coordinator Prior to issuance ora grading permit the project applicant shall construct a new 8 foot high wall along the north property line contiguous to the existing 6 foot wall. The wall must be solid top to bottom with no opening or decorative cut-outs. Timing of Implementation/Verification Prior to issuance of a grading permit. 14 Grading plan check and field inspections Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; Environmental Coordinator Timing of Implementation/Verification Speed bumps shall not be allowed along the northern most driveway. Timing of Implementation/Verification Prior to issuance of a building permit. · ' Building plan check and field inspection Responsible Parties Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; Environmental Coordinator Signs shall be posted on-site restricting vehicular speed to 5 MPH. Prior to issuance ora certificate of occupancy Visual site inspection. Building Division: Inspection Services Manager; Planning Division: Case Planner; Environmental Coordinator Signs shall be posted in the loading dock areas prohibiting the use of vehicle horns and yelling. Timing of Implementation/Verification Prior to issuance of a certificate of occupancy Visual site inspection. Building Division: Inspection Services Manager; Planning Division: Case Planner; Environmental Coordinator Prior to installation and operation of any outdoor paging system for retail buildings 1,2 or 3, an acoustical study will be prepared to confirm that any resultant noise impact on those adjacent residential users does not exceed the City's noise criteria threshold or 55 dBA during daytime periods. Timing of Implementation/Verification Prior to issuance of a certificate of occupancy for each retail building and on- going during building occupancy. 155 15 156 I1. 12. 13. 14. Building plan check and visual site inspection. Building Division: Senior Plan Check Engineer; Inspection Services Manager; Planning Division: Case Planner; Environmental Coordinator The facade of the west, north and east building elevations of the retail buildings located at the north end of the site shall be a rough surface to reduce noise reflections. Timing of Implementation/Verification Prior to issuance of a building permit. Building plan check. Building Division: Senior Plan Check Engineer; Planning Division: Case Planner All walk-through and roll-up doors shall be closed when not in use. Timing of Implementation/Verification Issuance of building permits and on-going during project occupancy. Building plan check and visual site inspection. Building Division: Inspection Services Manager; Planning Division: Environmental Coordinator All noise walls shall be standard masonry or concrete block or any other material with a minimum surface weight of 4 pounds per square font. No gaps or openings shall be permitted. All gaps are to be sealed. Timing of Implementation/Verification Prior to issuance of a grading permit. Grading plan check and field inspections Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; Environmental Coordinator Timing of Implementation/Verification All delivery truck engines shall be off unless needed to operate refrigeration equipment. On-going during project occupancy. Verification fi.om tenants and visual site inspection. 16 15. 16. 17. , 18. Building Division: Inspection Services Manager; Planning Division: Environmental Coordinator All trash compactors shall be shielded by either dock walls or separate enclosures· Timin_~ of Implementation/Verification Prior to issuance cfa building permit. Building plan check Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; Environmental Coordinator In order to mitigate noise from mechanical equipment, parapet walls along the north, east and west rooftop sides of retail buildings 1, 2 and 3 shall be a minimum of 5 feet· As an alte~aative, parapet walls of less than 5 feet may be considered on a case-by-case basis, if supporting acoustical analysis demonstrate compliance with the 50 dBA noise standard for nighttime periods. Timing of Implementation/Verification Prior to issuance of a building permit. Building plan check Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; Environmental Coordinator No fast food restaurant speaker boxes shall be directed toward the north property boundary. Timing of Implementation/Verification Prior to issuance of a building permit. Building plan check Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; Environmental Coordinator For retail buildings 1, 2 and 3, trash pick-up vehicles and vehicles cfa size equal to an SU- 30 truck and larger shall be prohibited from making deliveries between the hours of 10 PM and 7 AM. Timing of Implementation/V0rification Prior to issuance of a certificate of occupancy Method of Verification Verification from tenants and field inspection. 157 17 19. 20. Building Division: Inspection Services Manager; Planning Division: Case Planner; Environmental Coordinator Parking lot sweeping or outdoor clean up activity in parking areas to the north of the front building elevations for buildings 1, 2 and 3 shall be limited to the hours of 7 AM to 10 PM. Timing of Implementation/Verification During project operation Responsible Parties Periodic inspection. Building Division: Inspection Services Manager; Planning Division: Case Planner; Environmental Coordinator Parking lot sweeping or outdoor clean up activity in parking areas to the south of the front of buildings 1, 2 and 3 shall be limited to the hours of 7:00 AM to midnight. Timing oflmplementation/Verification During project operation Periodic inspection. Building Division: Inspection Services Manager; Planning Division: Case Planner; Environmental Coordinator The project shall be reviewed by the Energy Services New Construction Department at Southern California Edison to determine those measures that can be incorporated into a project to reduce electrical demands. The project developer shall incorporate all measures into the project as economically feasible as determined by the City Building Division. Timing of Implementation/Verification Responsible Parties Prior to issuance of a building permit. Building plan check Building Division: Senior Plan Check Engineer The project shall meet all applicable State of California Title 24 Energy guidelines. Timing of Implementation/Verification Responsible Parties Prior to issuance of a building permit. Building plan check Building Division: Senior Plan Check Engineer 18 159 Public Services and Utilities Police Protection 1. No parking shall be allowed along the northern project bounda~. Timing of lmplementationFVerificatinn Prior to issuance of a building permit. Building plan check Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; Environmental Coordinator The project applicant will be required to provide parking area security patrols, but only at such time as parking spaces are actually striped and available for public use on the west side of Retail Building 3 north of the building storefront. Such patrols will be required only during the hours fxom sundown until one-half hour after the stores close. Six months after implementation and annually thereafter, this mitigation measure will be reviewed by the Santa Ana Police Department for possible modifications based upon observations by the property owner and review of Police Department incident reports. Timing of Implementation/Verification Prior to issuance of an occupancy permit and during building occupancy. Occupancy permit on on-going site inspection. Building Division: Senior Plan Check Engineer; Inspection Services Manager; Planning Division: Case Planner; Environmental Coordinator; Police Department: Community Services Specialist Water Service Water conservation and management techniques shall be incorporated into the design, construction and operation of the project, including the use of fixtures that use reduced volumes of water, landscaping irrigation in early morning and evening hours to reduce water lost to evaporative and incorporate drought tolerant plant species for new landscaping. Timing of Implementation/Verification Plan check; during construction Inspection of landscape plan Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; 19 Environmental Coordinator; Landscape Associate The City of Santa Aaa Fire Department will determine the precise fire flow requirements fi.om 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 determined during site plan review shall be borne by the project developer. Timing of Implementation/Verification Plan check Review and inspection Fire Department: Fire Marshall; Public Works Agency; Water Resources Manager Wastewater Service Prior to the issuance of building permits, the project sponsor shall obtain all permits and pay all fees required by the City in order to provide an acceptable level of sewage treatment service. Timing of Implementation/Verification Prior to issuance of a building permit. Building plan check and cancelled check Building Division: Senior Plan Check Engineer; Public Works Agency; Engineering Services Manager Solid Waste The City shall encourage recycling of materials generated on the site during both project construction and the life of the project by encouraging contractors to recycle construction debris when feasible and use recyclable materials for construction. Timing of hnplementation/Verification Prior to issuance of a building permit on- going throughout the life of the project. Building plan check and visual site inspection. Public Works Agency: Engineering Services Manager; Planning Division: Environmental Coordinator In accordance with the City's Solid Waste Integrated Management Plan, the project developer shall prepare and submit a Source Reduction and Recycling Plan to the Public Works Agency and the Planning Division, prior to the issuance of occupancy permits. The 20 Plan shall document and outline the incorporation of an on-site recycling/conservation program. Timing of Implementation/Verification Prior to issuance of certificate of occupancy · ' Project applicant or representative to submit a written plan ~ Public Works Agency: Enterprise Coordinator; Plarming Division: Environmental Coordinator The project developer shall provide a designated area adjacent to refuse containers for Retail buildings 1, 2 and 3 that accommodate separated recyclable material (such as cardboard and paper) for collection. Timing of Implementation/Verification Prior to issuance of a building permit. Building plan check Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; Environmental Coordinator ¸2. The site plan shall be reviewed by the City Planning and Building Agency and the Police Department for potential light impacts to those residential units adjacent to and northwest, north and northeast of the site. Timing of Implementation~rerification Prior to issuance ora building permit. Building plan check Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; Environmental Coordinator; Police Department: Community Services Specialist All project lighting shall comply with the City of Santa Ana Security Ordinance. Lighting in close proximity to the light sensitive residential uses adjacent to the site shall be directed on-site and shielded from extending directly off-site. Timing of Implementation/Verification Prior to issuance of occupancy permits. Architectural and electrical plan check; field inspections 161 21 162 Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; Environmental Coordinator Prior to the issuance ora building permit, the project developer 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 that offset light impacts to the adjacent residential neighborhood will not exceed 0.2 foot candle. This study shall be submitted to the City of Santa Ana Police Department, Crime Prevention Sergeant. Timing of Implementation/Verification Prior to issuance of a building permit. Building plan check Responsible Parties Police Department: Crime Prevention Sergeant; Planning Division: Case Planner; Environmental Coordinator To minimize excessive light and glare, building exteriors shall utilize a low reflective glass. Mirrored glass and other highly reflective building materials shall not be utilized on the exterior of the building. Timing of Implementation/Verification Prior to issuance of a building permit. Building plan check and field inspection Building Division: Senior Plan Check Engineer; Inspection Services Manager; Planning Division: Case Planner; Environmental Coordinator 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. Timing of lmplementationFv'erification Prior to issuance of a building permit. Building plan check and field inspection p~esponsible Parties Building Division: Senior Plan Check Engineer; Inspection Services Manager; Planning Division: Case Planner; Environmental Coordinator 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. Timing of Implementation/Verification Prior to issuance of building permits. 22 Aesthetics 1. Architectural and electrical plan checks; visual site verification. Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; Environmental Coordinator; Police Department: Community Services Specialist Plant materials, shade structures and other architectural design features shall be used where appropriate to decrease reflecfivity of hardscape and light and glare toward adjacent residences. Timing of lmplementationNerification Prior to issuance of a building permit. Building plan check Timing of Implementmion/Verification Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; Environmental Coordinator The City shall approve a landscaping plan prior to the issuance of building permits. Trees as determined by City Planning Division staff shall be planted in the landscape area along the north project boundary to buffer the project from adjacent residents. Prior to issuance of a building permit. Landscaping and building plan check Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; Landscape Associate Prior to issuance ora grading permit, the project applicant shall construct a new 8 foot high wall along the north project boundary adjacent to the existing 6 foot high wall. Timing of Implementation/Verification Prior to issuance of a grading permit. Building and grading plan check Building Division: Senior Plan Check Engineer; Planning Division: Case Planner; Environmental Coordinator The project applicant shall contact the Orange County Vector Control at least two months prior to the start of grading requesting a site inspection for the presence of vectors. 23 163 Timin~ of Implementation/Verification Should vectors be present, the project applicant shall initiate methods recommended by the Orange County Vector Control to eliminate or reduce identified vectors. Two months prior to issuance ora grading permit. Report from O.C. Vector Control of site inspection. Planning Division: Case Planner; Environmental Coordinator One week prior to the start of grading the project applicant shall contact Orange County Vector Control for a follow-up visit to determine the success of the eradication program. Timing of Implementation/Verification Responsible Parties Prior to issuance of grading permit Report from O.C. Vector Control. Planning Division: Case Planner; Environmental Coordinator One week prior to the start of grading the project applicant shall contact by mail all property owners adjacent to the site. The notice shall state the date grading will begin and to watch for visible signs of vectors. Timing of Implementation/Verification One week prior to start of grading. Proof of mailing. Planning Division: Case Planner; Environmental Coordinator 24 165 APPENDIX A VERIFICATION FORM 166 Home Place Shopping Center Mitigation Monitoring Program Sample Compliance Verification Form Impact Issue (e.g., aesthetics, air quality): Location: Onsite Project Phase: Design Mitigation Measure #: Offsite Administrative Grading/Construction .Operation Description of Activity/Method of Implementation: Disposition Comments/Revisions: Mitigation measure for the above-noted project phase has been implemented. No future action is required. Mitigation measure for the above-noted project phase is not fully implemented. Further action is required. (Please explain below). The mitigation measure for the above-noted project phase is not in compliance. Further action is required. (Please explain below). Completed by: Name: Title: Date: Approved by: Name: Title: Date: