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HomeMy WebLinkAbout2004-020 - Statement Overriding Considerations for the Property Located at One Broadway Plaza 8 KO- 07/21/04 RESOLUTION NO. 2004-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING AND APPROVING THE ENVIRONMENTAL IMPACT REPORT, APPROVING A MITIGATION MONITORING PROGRAM, AND ADOPTING CERTAIN FACTS, FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROPERTY LOCATED AT ONE BROADWAY PLAZA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. B. Applicant is requesting approval of various entitlements in order to construct a thirty-seven (37) story, 493 feet in height, office tower located at One Broadway. On February 23, 2003, the Planning Commission held a duly noticed public hearing, and by a vote of 6: 1 (Sinclair opposed) voted to recommend that the City Council: 1. Certify and adopt the Final Environmental Impact Report No. 99-01, the Mitigation Monitoring Program, and the Statement of Overriding Considerations. 8 2. C. Adopt an ordinance approving the rezoning the property located at One Broadway Plaza from Midtown Specific Plan No.3 (SP-3) to One Broadway Specific Development District (SD-75), Amendment Application No. 2004-01. Adopt an ordinance amending to the Midtown Specific Plan (SP-3) (lOA No. 2004-02). Adopt a resolution amending the General Plan of the City of Santa Ana to increase the Floor Area Ratio to 2.9, to classify streets as Local Commercial Streets, and to modify the Urban Design Element (GPA No. 2004-01). The City Council of the City of Santa Ana held a duly noticed public hearing on the abovesaid actions for One Broadway on March 15, 2004, and at that time considered all testimony, written and oral. After closing this hearing, the City Council directed that a Development Agreement be negotiated. On June 14, 2004, the Planning Commission, held a duly noticed public hearing, and by a vote of 6:1 (Sinclair opposed) voted to recommend that the City Council: 3. 4. D. 8 Resolution No. 2004-020 Page 1 of 73 E. F. G. Resolution No. 2004-020 Page 2 of 73 1. Adopt additional mitigation measures in response to comments from the Santa Ana Unified School District. Adopt and ordinance approving Development Agreement No. 2004- 01. Adopt a resolution approving Tentative Parcel Map No. 2004-02 (County Map No. 2003-262) as conditioned. On July 6, 2004, a second City Council meeting was scheduled and was continued by the City Council to July 19, 2004. On July 19, 2004, the aforesaid hearing was held and at that time the City Council considered all testimony, written and oral. Due to the size of the project and the impacts to the environment, an Environmental Impact Report (EIR) was prepared for this project. 1. For over three years, the City has considered a project to build a thirty-seven (37) story office building consisting of 518,003 square feet of office area, 8,525 square feet of retail area, 18,596 square feet of restaurant area and an eight (8) level parking structure on Broadway. On October 7, 1999, a Notice of Preparation was prepared, submitted to interested persons, responsible and trustee agencies, and filed with the County Recorder regarding this proposed project, which was at that time described as a 44 story office building with an adjacent parking structure. These structures would be built on a site which is currently developed with a number of homes which have been converted to a variety of older office/business uses, a shoe repair shop, and an apartment building. Most of these uses would have to be removed to make way for project improvements. a. On February 12, 2001, a Recirculation of Notice of Preparation was prepared, submitted to interested persons, responsible and trustee agencies, and filed with the County Recorder regarding this proposed project, which was at that time described abandonment and closing of a segment of Sycamore Street between Washington Street and 10th Street to allow for construction of the proposed 8-level parking structure, a reduction in the height of the office building from 44 stories to 38 stories, and the inclusion of helipad on the roof of the office building. A significant number of community meetings, public meetings and public hearings have been subsequently held to consider this proposed project. As a result of these community meetings and public comments, three (3) alternatives to the proposed project were developed and various impacts were identified to be studied. 2. 3. 2. 3. All attached documents, including the Final EIR, the mitigation monitoring plan, the 50 pages of findings and approvals, the Request for Council Action, and the record of proceedings are incorporated herein by this reference as though fully set forth. At the July 19, 2004 meeting, the City Council also introduced an ordinance amending the Midtown Specific Plan (lOA No. 2004-02) and rezoning the property (AA No. 2004-01), and adopted a resolution amending the City's general plan (GPA No. 2004-01), and a resolution approving Tentative Parcel Map No. 2004-02. This resolution incorporates by reference, as though fully set forth herein, the ordinance and resolutions and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. Section 2. The City Council has reviewed and considered the information contained in the Final EIR prepared with respect to this Project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (UCEQA") and the State CEQA Guidelines, the Final EIR meets all requirement of CEQA, including but limited to: finding that the Final EIR adequately addresses the impacts of the project; that it identifies and through the mitigation monitoring plan imposes all feasible mitigation measures which will reduce all of the significant environmental impacts of the Project to a level of insignificance, except those unavoidable impacts described more specifically in the statement of overriding 8 8 H. 8 4. As a result of this input, the City prepared a Draft EIR for this proposed project, which was submitted for public comment to all responsible agencies, the State Clearinghouse, neighboring communities and districts, neighborhoods in the vicinity and the requesting public. All comments to the Draft EIR were considered and responded to in the proposed Final EIR (which includes the Draft EIR and errata). A proposed mitigation monitoring plan has been prepared, as has 50 pages of certain facts, findings and statements, which are attached to this Resolution. At its regular meeting of February 23, 2003, the Planning Commission of the City of Santa Ana, following a duly noticed public hearing, voted by a vote of 6: 1 (Sinclair opposed) to recommend to the City Council that it adopt this Final EIR, the mitigation monitoring plan, and certain facts, findings and statements. The City Council has fully considered this matter, and all public testimony, at a duly noticed public hearing held at its regularly scheduled meeting of March 15, 2004 and the second duly noticed public hearing held at its regularly scheduled meeting of July 19, 2004. 5. 6. 7. 8. Resolution No. 2004-020 Page 3 of 73 considerations; discusses a reasonable range of alternatives to the Project; identifies the environmentally superior alternative; and based upon all of which and the record as a whole the Council chooses to approve the Project. The City Council hereby certifies and approves the Final EIR, the mitigation monitoring plan, the facts, findings and Statement of Overriding Considerations attached to this Resolution as Exhibits "A" and "B" respectively and incorporated herein by this reference, and directs that a Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. Pursuant to Title XIV, Califomia Code of Regulations ("CCR") § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. This Resolution shall take effect immediately after its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 19th day of Julv, 2004. '- ,- j_I~O' £'t~~ APPROVED AS TO FORM: Joseph W. Fletcher City Attomey By: Kyle De Resolution No. 2004-020 Page 4 of 73 AYES: Councilmembers: Alvarez. Bist. Garcia. Solorio (4) 8 NOES: Councilmembers: Christy (1) ABSENT: Councilmembers: Pulido. Franklin (2) ABSTAIN: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-020 to be the original resolution adopted by the City Council of the City of Santa Ana on July 19, 2004. Date: 7/~10i '/ Clerk of the Council City of Santa Ana 8 8 Resolution No. 2004-020 Page ,5 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT PURPOSE On January 1, 1989, California State Assembly Bill 3180 (AB 3180) became effective. AB 3180 requires state and local agencies to adopt programs for monitoring and reporting of implementation of mitigation measures addressing significant adverse environmental impacts of projects agencies approve subject to the California Environmental Quality Act (CEQA). Consistent with the requirements of AB 3180 and the CEQA Guidelines, this Mitigation Monitoring Program (MMP) was developed by the City of Santa Ana for use in monitoring the implementation of the mitigation measures incorporated in the proposed One Broadway Plaza project. The City of Santa Ana has the authority to require and enforce the provisions of AB 3180 and the CEQA Guidelines consistent with its existing police powers. As lead agency for the environmental documentation for the proposed One Broadway Plaza project, the City is also responsible for approving the MMP and for accepting the written report documenting completion of the implementation of the project mitigation measures. In general, the City of Santa Ana Public Works Agency (PW A) and Planning Department would be responsible for overseeing the implementation ofthese mitigation measures and for approving measures as complete. DEVELOPMENT OF THE MMP The basis ofthe MMP is the mitigation measures identified as follows: . By environmental impact category as documented in Section 3.0 (Existing Conditions, hnpacts and Mitigation Measures) of the Environmental Impact Report (EIR) for the One Broadway Plaza project. By environmental impact category for measures that were refined or added to the project mitigation measures in response to comments received from agencies and members of the general public on the Draft EIR. . MITIGATION MONITORING PROGRAM FOR THE PROPOSED ONE BROADWAY PLAZA PROJECT Table 1 provides the following information: . A list of all mitigation measures from Section 3.0 of the Draft EIR and the refined measures from the Responses to Comments Report. . The implementation schedule for each measure. The City of Santa Ana Department or Departments responsible for reviewing and approving the documentation regarding implementation of each measure. EXHIBIT A Resolution No. 2004-020 Page 6 of 73 8 8 8 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report TABLE 1 MITIGA TION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT :;u CD (JI Q. c:: ...... õ' :J -,:¡Z [\) ~ (ON CDO -.... O O~ -0 -"" N (,,)0 Mitigation Measure Implementation Responsible Schedule Department Land Use Measures There are no significant adverse land use impacts and no mitigation is required. TOPol!raphy, Geolo1!Y and Soils G-I The design for the project will comply with all provisions of the Preliminary Geotechnical Feasibility During design, grading and Executive Director of the Investigation performed by Zeiser Kling Consultants and their Addendum Recommendations, including construction. Public Works Agency recommendations for grading, removal and recompaction of soils, foundations, settlement, pile foundations, (PW A )/Executive Director design criteria, seismic design, retaining walls, ferrous corrosion, surface drainage, pavement design, concrete of Building & Planning hardscape, soldier pile/logging svstem and supplemental investigations. (PBA) or his/her designee. G-2 Prior to acquiring a grading permit for project construction, the developer will prepare a Final Geology and Soils Prior to obtaining a grading Executive Director of the Report, to specifically assess the following: permit. PW AIPBA or hislher i. The shrink-swell potential of potentially expansive soils on the site; specifically addressing appropriate designee. recommendations for soil treatments, grading procedures and/or foundation designs, as appropriate, for the planned land use on the site. 11. The potential for compressible soils on the site; specifically addressing appropriate recommendations for soil treatments, grading procedures and/or foundation designs, as appropriate, for the planned land use on the site. The recommendations from the Final Geology and Soils Report will be incorporated into the grading plan for the project. G-3 Prior to obtaining a grading permit for project construction, the Final Geology and Soils Report will specifically Prior to obtaining a grading Executive Director of the assess grading control with special emphasis on controlling fugitive dust which could be generated during site permit. PW AlPBA or hislher preparation, grading and construction. The reports will specifically provide for establishing procedures for dust designee. control and monitoring so that unacceptable levels of dust do not escape from the site. These dust control measures will be coordinated with the dust control measures described in Section 3.4 (Air Quality). The standards and procedures developed in the reports will be incorporated into the grading plan to be followed by the project develooer. G-4 All structures to be erected on the One Broadway Plaza site will be designed in accordance with the seismic During design and Executive Director of the design provisions in the Final Geology and Soils Report and of the Uniform Building Code to promote safety in construction PW AlPBA or hislher the event of such an earthquake. designee. G-5 During final design, the developer will consult with the Orange County Water District and the Regional Water During final design and Executive Director of the Quality Control Board, Santa Ana, regarding intrusion of foundation piles into the Orange County Groundwater construction. PW A or hislher designee. Basin. The project applicant will solicit the appropriate permits and approvals from the OCWD and the RWQCB for the anticipated intrusion ofthe foundation piles into the Groundwater Basin and will incorporate measures identified by those agencies in the final design and construction specifications for the project. One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report "1J:;tJ [\) CD (Coo CD 0 ooc o!:!: _0 -.... :J wZ 9 N 0 0 . ::o. I 0 N 0 TABLE 1 MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Implementation Responsible Schedule Department Hvdrolo1!Y and Water Qualitv W-I Prior to the issuance of a grading permit for the project: Prior to the issuance of the Executive Director of the grading permit. PW A or his/her designee. - The developer will prepare and submit a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB). - The developer will submit the NOI and the project Water Discharge Identification Number (WDIN) to the City of Santa Ana City Engineer. The developer will prepare a Stormwater Pollution Prevention Plan (SWPPP) and will submit the SWPPP to the City Engineer for review and comment. The developer will maintain the SWPPP on the construction site throughout the construction period. W-2 During all site preparation, grading and construction, the project contractors will comply with all applicable During all site preparation, Executive Director of the requirements of the NPDES permit, the Drainage Area Management Plan (DAMP) and the City's Local grading and construction. PW A or his/her designee. Implementation Plan (LIP). The project contractors will incorporate Best Management Practices (BMPs) from the DAMP and LIP and will implement those measures as appropriate during site preparation, grading and construction. W-3 During all site preparation, grading and construction, the construction contractors will be responsible for During all site preparation, Executive Director of the implementing the SWPPP provisions. The SWRCB is responsible for monitoring and enforcing the provisions of grading and construction. PW A or his/her designee. the SWPPP. In addition, the City Engineer will monitor and enforce these provisions during all site preparation, grading and construction, as appropriate, to ensure the SWPPP is properly implemented. W-4 Prior to the issuance of grading permits, the Project Developer shall provide for the review and approval of the Prior to issuance of the Executive Director of the Director of Public Works a Water Quality Management Plan (WQMP) prepared for the project consistent with the grading permit. PW A or his/her designee. Orange County Drainage Area Management Plan. The WQMP shall contain provisions and BMPs for both construction and operating conditions. W-5 Prior to the issuance of grading permits, the Project Developer shall submit a final drainage plan for the proposed One Prior to issuance of the Executive Director of the Broadway Plaza project for review and approval by the City Engineer. grading permit. PW A or his/her designee. W-6 Prior to the issuance of the first building permit, the Project Developer shall pay the City's drainage impact fee. Prior to the issuance ofthe Executive Director of the first building permit. PW A or his/her designee. W-7 During operation of the proposed project, the Project Owner/Operator shall ensure that all pest control, herbicide, During project operations. Executive Director of the insecticide and other similar substances used as part of maintenance of project features are handled, stored, applied and PBA or his/her designee. disposed consistent with all applicable federal, state and local regulations. The City Engineer shall monitor and enforce this provision. 8 8 8 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report TABLE 1 MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT ::u CD 00 Q. c:: ...... õ' :J -,:¡Z [\) ~ (CN CD 0 (DO o~ -0 -"" N WO Mitigation Measure Implementation Responsible Schedule Department W-8 Prior to the issuance of grading permits, the City Engineer shall verifY that structural BMPs have been permanently Prior to the issuance ofthe Executive Director of the incorporated into project plans by the applicant. Such BMPs shall ensure that pollutants from project-related storm grading permit. PW A or his/her designee. water are mitigated consistent with applicable state and local standards. Air Qualitv AQ-I Use low-emission mobile construction equipment where feasible. During all site preparation, Executive Director of the grading and construction. PW AIPBA or his/her designee. AQ-2 Water site and clean equipment morning and evening to comply with AQMD Fugitive Dust Measures BCM-03 During all site preparation, Executive Director of the and BCM-06. As part of the conditions of grading permit approval, the project shall water the construction site grading and construction. PW AIPBA or his/her and unpaved haul roads (with use of reclaimed water or chemical soil binder, where feasible) twice daily. designee. AQ-3 Wash off trucks leaving the site to comply with AQMD Fugitive Dust Measure BCM-Ol. As part of the During all site preparation, Executive Director of the conditions of grading permit approval, project construction contractors shall wheel wash construction equipment grading and construction. PW AIPBA or his/her and cover dirt in trucks during on-road hauling. This measure is already included in the particulate emission designee. projections in the report. Haul trucks leaving the site shall also have a minimum freeboard distance of 12", or cover payloads. AQ-4 Sweep streets if silt is carried over to adjacent public thoroughfares. During all site preparation, Executive Director of the grading and construction. PW AlPBA or his/her desi~nee. AQ-5 Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. During all site preparation, Executive Director of the grading and construction. PW A IPBA or his/her designee. AQ-6 Suspend grading operations during first and second stage smog alerts. During all site preparation, Executive Director of the grading and construction. PW AlPBA or his/her designee. AQ-7 Suspend all grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour. During all site preparation, Executive Director of the grading and construction. PW AlPBA or his/her designee. AQ-8 Maintain construction equipment engines by keeping them tuned. During all site preparation, Executive Director of the grading and construction. PW AlPBA or his/her desi~nee. AQ-9 Where feasible use low sulfur fuel for stationary construction equipment. During all site preparation, Executive Director of the grading and construction. PW AIPBA or his/her designee. One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report "U:;u [\) CD (Coo CD 0 ~E 00: 0 0 _:J -.... Z w~ N 0 0 .þ. I 0 N 0 TABLE 1 MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Implementation Responsible Schedule Department AQ-lO Where feasible utilize existing power sources (e.g., power poles) or clean fuel generators rather than temporary During all site preparation, Executive Director of the power generators. grading and construction. PW AIPBA or his/her designee. AQ-II Provide on-site power sources during the early stages of the project. During all site preparation, Executive Director of the grading and construction. PW AIPBA or his/her designee. AQ-12 Where feasible use low emission on-site stationary equipment (e.g. clean fuels). During all site preparation, Executive Director of the grading and construction. PW AlPBA or his/her designee. AQ-I3 Spread soil binders on site, unpaved roads and parking areas. During all site preparation, Executive Director of the grading and construction. PW AlPBA or his/her designee. AQ-14 Apply chemical soil stabilizers according to manufacturer's specifications to all inactive construction areas During all site preparation, Executive Director of the (previously graded areas which remain inactive for 96 hours). grading and construction. PW AlPBA or his/her designee. AQ-15 Reestablish groundcovers on construction site through seeding and watering of the site that will not be disturbed During all site preparation, Executive Director of the for lengthy periods (such as two months or more). grading and construction. PW AlPBA or his/her designee. AQ-16 Schedule truck deliveries and pickups during off-peak hour. During operations. Executive Director of the PW AIPBA or his/her designee. AQ-17 Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. During operations. Executive Director of the PW AlPBA or his/her designee. AQ-18 Provide dedicated turn lanes as appropriate and provide roadway improvements at heavily congested roadways. During operations. Executive Director of the PW AIPBA or his/her designee. AQ-19 Provide on-site services. During operations. Executive Director of the PW AIPBA or his/her designee. AQ-20 Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant During operations. Executive Director of the sensors. PW AlPBA or his/her designee. AQ-21 Install energy efficient street and parking lot lighting. During operations. Executive Director of the PW AIPBA or his/her designee. 8 8 8 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report TABLE 1 MITIGA TION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT ::u CD 00 0 ~ õ. :J "Uz [\) 0 (C . CDN .......0 """'0 o~ -0 -"" N (,,)0 Mitigation Measure Implementation Responsible Schedule Department AQ-22 Comply with the AQMP Miscellaneous Sources PRC-03 to reduce emissions of restaurant operations. Introduce During operations. Executive Director of the efficient heating and other appliances, such as water heaters, cooking equipment, refrigerators, furnaces and PW AIPBA or his/her boiler units. Also, incorporate appropriate passive solar design and solar heaters. This measure is intended to designee. reduce VOC and PMJO emissions. AQ-23 Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP During operations. Executive Director of the Miscellaneous Sources MSC-O I measure. PW AIPBA or his/her designee. AQ-24 Provide local shuttle and transit shelters and ridematching services to comply with Advanced Transportation During operations. Executive Director of the Technology ATT-02. PW AIPBA or his/her designee. AQ-25 Ensure efficient parking management. During operations. Executive Director of the PW AIPBA or his/her designee. AQ-26 Provide preferential parking to high occupancy vehicles and shuttle services. Also, designate additional car pool During operations. Executive Director of the or vanpool parking. PW AIPBA or his/her designee. AQ-27 Employers should provide variable work hours and telecommuting to employees to comply with Advanced During operations. Executive Director of the Transportation Technology A TT -01. PW AIPBA or his/her designee. AQ-28 Provide dedicated parking spaces with electrical outlets for electrical vehicles. During operations. Executive Director of the PW AIPBA or his/her designee. AQ-29 Employers should provide ridematching, guaranteed ride home, or car pool or vanpool to employees as a part of During operations. Executive Director of the the TDM program and to comply with the AQMP Transportation Improvements TCM-01 measure. PW AlPBA or his/her designee. AQ-30 Employers should provide compensation, prizes or awards to ridesharers. During operations. Executive Director of the PW AlPBA or his/her designee. AQ-31 The City should synchronize traffic signals in the vicinity of the project site. During operations. Executive Director of the PW A or his/her designee. AQ-32 Introduce window glazing, wall insulation, and efficient ventilation methods. During operations. Executive Director of the PBA or his/her designee. One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report "1J:;tJ [\) CD :c 00 CD 0 ~E N!:!: 0 0 _:J -.... Z (,,)!=> N 0 0 .þ.. I 0 N 0 TABLE 1 MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Implementation Schedule Trans ortation T-l The developer shall pay all costs (design, construction, administration and inspection) for Washington Avenue At issuance of certificate of Executive Director ofthe and 10th Street to operate as one-way streets which include signal modifications and appropriate protected left- occupancy permit. PW A or his/her designee. turn signal at Main Street/Washington Avenue, Main Street/10th Street, Washington Avenue/Sycamore Street, Broadwa Street/Washin on Avenue and Broadwa Street/lOth Street. T-2 The project proponent shall pay for all costs for the installation of a roundabout at the intersection of Sycamore Street At issuance of the certificate Executive Director of the and 10th Street. of occu anc ermit. PW A or his/her desi nee. T-3 The project proponent shall pay all costs to install pedestrian crosswalks and a refuge area at the intersection of At issuance of the certificate Executive Director of the Sycamore Street and 10th Street where a roundabout is to be constructed. The project developer shall be required to of occupancy permit. PW A or his/her designee. pay all costs (design, construction, administration and inspection) for these mitigation measures, as they are part ofthe roundabout as stated in T-2. T-4 Main Street, between 17' Street and the 1-5 ramps, shall have all on-street parking stalls and parking meters At issuance ofthe certificate Executive Director of the removed, and Main Street shall be restriped to provide three northbound and two southbound travel lanes. The of occupancy permit. PW A or his/her designee. project proponent shall pay all costs (design, construction, administration and inspection) associated with these removals and re-stri in when buildin ermits are issued. T-5 Main Street, between 17 Street and Civic Center Drive, shall have all on-street parking stalls and parking meters At issuance of the certificate Executive Director ofthe removed and Main Street shall be re-striped to provide a third northbound through lane within the existing right-of- of occupancy permit. PW A or his/her designee. wa . The develo r shall a all costs associated with re-stri in and removin existin arkin meters. T-6 The developer shall pay all costs (acquisition, design, construction, administration and inspection) for providing At issuance of the certificate Executive Director ofthe southbound ri ht-turn lane at the intersection of Main Street and 17th Street. of occu anc ermit. PW A or his/her desi nee. T-7 The developer shall pay all costs (acquisition, design, construction, administration and inspection) for providing At issuance of the certificate Executive Director ofthe southbound ri ht-turn lane at the intersection of Broadwa Street and l7'h Street. of occu anc ermit. PW A or his/her desi ee. T-8 Westbound Santa Clara Avenue shall be re-striped at Broadway Street to provide one left turn lane and one shared left At issuance of the certificate Executive Director of the tum/right turn lane. The project proponent shall pay all costs (design, construction, administration and inspection) of occupancy permit. PW A or his/her designee. associated with this re-stri in when ro'ect buildin rmits are issued. T-9 Northbound Grand Avenue from Fruit Street to 14 Street shall be re-striped at Santa Ana Boulevard/I-5 HOY ramps At issuance of the certificate Executive Director of the to provide three northbound travel lanes. The project proponent shall pay all costs (design, construction, of occupancy permit. PW A or his/her designee. administration and ins ction) associated with this re-stri in when ro'ect buildin ermits are issued. T-IO 1-5 northbound off-ramp shall be re-striped to provide a westbound left turn lane, a shared left turn/right turn lane At issuance of the certificate Executive Director of the and a right turn lane at Grand Avenue. The project developer shall pay all costs (design, permitting, construction, of occupancy permit. PW A or his/her designee. administration and inspection) when building permits are issued. 8 8 8 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report TABLE 1 MITIGA TION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT :;tJ CD 00 Q. c:: ...... õ' :J ìJz [\) 0 (C . CDN ->. 0 (,.)0 0 ~ -0 -"" N (,,)0 Mitigation Measure Implementation Responsible Schedule De artment T-II A new traffic signal shall be installed at the intersection of Main Street and 15 Street. Communications cable and At issuance of the certificate Executive Director of the conduit required to connect the traffic signal to the City of Santa Ana's Traffic Signal Master System shall be a part of of occupancy permit. PW A or his/her designee. traffic signal installation. The project proponent shall pay all costs (design, construction, administration and ins ection associated with this si alization when ro'ect buildin ermits are issued. T-12 A new traffic signal shall be installed at the intersection of Santa Ana Boulevard and French Street. Communications At issuance of the certificate Executive Director ofthe cable and conduit required to connect the traffic signal to the City of Santa Ana's Traffic Signal Master System shall of occupancy permit. PW A or his/her designee. be a part of traffic signal installation. The project proponent shall pay all costs (design, construction, administration and ins ection) associated with this si alization when buildin ermits are issued. T-13 A new traffic signal shall be installed at the intersection of Sycamore Street and 15' Street. Communications cable At issuance of the certificate Executive Director ofthe and conduit required to connect the traffic signal to the City of Santa Ana's Traffic Signal Master System shall be a of occupancy permit. PW A or his/her designee. part of traffic signal installation. The project proponent shall pay all costs (design, construction, administration and ins ection associated with this si alization when buildin ermits are issued. T-14 The project proponent shall pay the appropriate City Transportation System Improvement Fee to help offset the At issuance of the certificate Executive Director of the One Broadwa Plaza Pro' ects' im act on the Ci of Santa Ana street s stem. of occu anc ermit. PW A or his/her desi nee. T-15 The developer should coordinate with the Orange County Transportation Authority (OCTA) to identifY ways to During construction and prior Executive Director of the enhance transit use by tenants of One Broadway Plaza. The project developer shall install a bus stop, bus transit or to Certificate of Occupancy. PW A or his/her designee. an other transit related im rovements if re uested b the OCT A. T-16 The project proponent shall satisfY the relevant requirements of the City's TDM Ordinance, including conformity of At issuance of certificate of Executive Director ofthe site plans with facility standards specified in the TDM Ordinance, and submission and implementation of a TDM occupancy and during PW A or his/her designee. strate Ian and ro am. 0 eration T-17 The project developer shall contribute to neighborhood traffic studies for the six neighborhoods evaluated in At issuance of the certificate Executive Director of the Section 3.5.8 (including before and after traffic counts) in order to assess any intrusion of project traffic into these of occupancy permit. PW A or his/her designee. neighborhoods. If traffic intrusion attributable to the project is identified, corrective measures will be identified. Depending of the potential impacts, examples of corrective measures could include; forced-turn channelization, semi-diverters, diagonal diverters and cul-de-sacs. If approved by the neighborhoods per the City's Procedures for Neighborhood Traffic Plans, corrective measures will be implemented at a maximum cost to the developer of $200,000 per neighborhood. The funds to implement the improvements are directly payable to the City of Santa Ana rior to issuance of build in ermits. T-18 The project parking garage entrances/exits shall be designed to meet City sight distance standards. A new landscaped At issuance of the certificate Executive Director of the median shall be constructed at the intersection of Broadway and the parking structure egress to restrict left turn of occupancy permit. PW A or his/her designee. movements of vehicles exiting on Broadway subject to the review and approval of the City Engineer. The project ro onent shall pay all costs associated with this median prior to buildin ermits being issued. One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report "1J:;tJ [\) CD (Coo CD 0 ....>.2" ~= 0 0 _:J ......¡Z (,.)~ N 0 0 ~ I 0 N 0 TABLE 1 MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Implementation Responsible Schedule DeDartment T-19 To assure use of onsite parking as intended, the project proponent or their successor will require that all commercial At the Certificate of Executive Director of the tenant leases specify that employees must park onsite within the One Broadway Plaza parking garage. In addition, the Occupancy (CC&Rs) and PW AIPBA or hislher property manager will require that parking personnel patrol adjoining properties on a daily basis to enforce such lease during operations. designee. provisions. This daily patrol will be performed by a uniformed parking employee driving a utility vehicle that will be signed to identify it as a part of the One Broadway Plaza Management. The areas to be patrolled will be marked on a grid map of the streets surrounding One Broadway Plaza. T-20 The project developer shall provide pedestrian access around the project site during project construction activities and During all site preparation, Executive Director of the post appropriate signs around the site directing pedestrians to use the sidewalks across the street from the project site. grading and construction. PW AIPBA or hislher Permanent sidewalks shall be installed around the project site to provide for pedestrians access to the site. designee. T-21 Prior to approval of the project plans, the project proponent will file a Notice of Proposed Construction or Alteration During final design. Executive Director of the with the FAA. Conditions placed on the project by the FAA will be incorporated in the final design and construction PBA or hislher designee. of the project office tower. T-22 Prior to approval ofthe project plans, the project proponent shall take the project to the Orange County Airport Land During final design. Executive Director of the Use Commission for a review and consistency determination. PBA or hislher desil!nee. T-23 After certification of the project Final EIR, the project proponent shall apply to the Caltrans Aeronautics Department During final design. Executive Director ofthe for a State helipad Permit. PBA or hislher designee. T-24 In order to minimize traffic from the One Broadway Plaza project from entering the French Park Neighborhood, the At certificate of occupancy Public Works Agency traffic diverters currently located in French Park shall become permanent T-25 Vehicles traveling westbound on Washington Avenue shall be diverted either northbound or southbound at At certificate of occupancy Public Works Agency Main Street. T-26 Vehicles traveling eastbound on Tenth Street shall be diverted either northbound or southbound at At certificate of occupancy Public Works Agency Main Street. 8 8 8 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report TABLE 1 MITIGA TION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT :;tJ CD 00 Q. S. õ' :J "1Jz [\) 0 (C . CDN ....>.0 010 0 ~ -0 -"" N (,,)0 Mitigation Measure Implementation Responsible Schedule Department Hazardous Materials HZ-I The City shall require the site demolition and remodeling contractors to conduct a building by building inspection for During all demolition, Executive Director of the the presence of asbestos-containing materials prior to the issuance of demolition permits for the site. The demolition renovation and remodeling of PBA or his/her designee. contractor may submit copies of asbestos inspection reports for the site already prepared to satisfy SCAQMD Rule existing structures. 1403 to fulfill this requirement. HZ-2 The City shall require the site demolition and remodeling contractors to conduct a building by building inspection for During all demolition, Executive Director of the the presence of lead-based paint prior to the issuance of demolition permits for the site. Building inspection reports renovation and remodeling of PBA or his/her designee. already prepared by the contractor to satisfy Cal-OSHA worker safety requirements may be submitted to fulfill this existing structures. mitigation measure. HZ-3 Any use of hazardous materials or generation of hazardous wastes on the proposed project site must be conducted in During all site preparation, Executive Director of the accordance with applicable federal, state and local regulations. grading and construction. PBA or his/her designee. Noise N-I Project construction shall be limited to the hours of 7 a.m. to 8 p.m. on Monday through Friday and from 8 a.m. During construction. Executive Director of the to 8 p.m. on Saturday. Construction shall not be allowed on Sunday or federal holidays. PBA or his/her designee. N-2 Temporary noise barriers shall be installed between the project construction area and adjacent residents. These During construction. Executive Director of the noise barriers may include the use of leaded blankets, an acoustic blanket or several layers of plywood. "Bravo" PBA or his/her designee. acoustic blankets may also be used. Barriers should be 16 to 20 feet high. N-3 The commercial buildings in the project will require mechanical ventilation to keep outside noise from entering During final design. Executive Director of the the interior of these buildings. The central ventilation systems for the buildings shall allow for sufficient PBA or his/her designee. ventilation so that office windows can be closed. Air conditioning units may be adequate for mechanical ventilation as long as they meet the ventilation requirements of the UBe. This shall be coordinated with the project's mechanical engineer. N-4 Prior to any site preparation, grading or construction, the project contractor will provide the Principals at the Prior to the beginning of Executive Director of the Orange County High School ofthe Arts and the EI Sol Science and Arts Academy with the project construction construction. PBA or his/her designee. schedule indicating the type of construction activity and duration. The project construction schedule shall address all construction activity from the start of the Droiect to completion. Population and Housinl!; There are no significant adverse population and housing impacts and no mitigation is required. Public Services PS-I The design of the project parking structure shall conform to the City of Santa Ana Police Department's design During final design. Executive Director of the standards for parking structures. PBA or his/her designee and SAFD. PS-2 The design of the project shall include on site office spaces for the SAPD, which will be shared with any on site During final design and at Executive Director of the security staff. Two designated parking spaces will be provided for the SAPD near the main entrance of the Certificate of Occupancy. PBA or his/her designee proposed One Broadway Plaza project. and SAFD. PS-3 Prior to issuance of building permits, the project developer shall submit a construction phasing plan for the At issuance of the first Executive Director of the "1J:;tJ [\) CD (Coo CD 0 ....>.2'" O>~ 0 0 _:J -.... z (,.)9 N 0 0 .þ. I 0 N 0 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report TABLE 1 MInGA nON MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Implementation Responsible Schedule Department proposed project to the SAFD. The plan will be consistent with SAFD Fire Code requirements. Also, the project building permit. PBA or his/her designee developer shall provide evidence to the SAFD that the proposed fire protection services will be adequate to serve and SAFD. the proposed project development. A fire exit shall be provided in the office building along with adequate fire protection facilities and equipment to serve the proposed 37-storv office building. PS-4 Prior to issuance of building permits, the project developer shall submit a construction phasing plan for the project At issuance of the first Executive Director of the to the SAFD. This plan will show that emergency vehicle access to the project site is adequate. Emergency building permit. PW A or his/her designee access will be orovided on Washington Avenue and Sycamore Street. and SAFD. PS-5 The final design of the project shall include fire sprinklers in the office building and parking garage at locations During final design. Executive Director of the specified by the SAFD. The project shall also conform with all applicable SAFD fire protection and access PBA or his/her designee requirements. and SAFD. PS-6 The final design of the project shall include fire hydrants at locations specified by the SAFD. During final design. Executive Director of the PBA or his/her designee and SAFD. PS-7 The project developer shall notify the SAFD and SAPD when the office building helipad is operational. At or after Certificate of Executive Director of the Occupancy. PBA or his/her designee. SAFD and SAPD. PS-8 The project developer shall contribute a fair share amount to have an emergency vehicle preemption detector At issuance of first building Executive Director of the placed on the existing traffic signal arm at the intersection of Broadway Street and 10th Street, Broadway Street permit. PW A or his/her designee, and Washington Avenue and Washington Avenue and Sycamore Street. These detectors shall also be placed on SAFD and SAPD. any other traffic signal and modified as part of this project. PS-9 The project developer shall incorporate a repeater in the design of the project to prevent interference with Police During final design. Executive Director of the and Fire Department radio signals. PBA or his/her designee, SAFD and SAPD. PS-IO Prior to the issuance of building permits, the project developer shall submit evidence to the City of Santa Ana of a At issuance of the first Executive Director of the fee payment between the develooer and the SAUSD to offset school facilitv related impacts. building permit. PBA or his/her designee. PS-II The project site and sidewalks adjacent to the site shall be properly barricaded to prevent unauthorized access to During all site preparation, Executive Director of the the site during project construction activities. grading and construction. PBA or his/her designee. PS-12 The Principals at Willard Intermediate School, the Orange County High School of Arts, EI Sol Science and Arts Prior to any site preparation, Executive Director of the Academy and Davis Elementary School shall be notified by the project developer before project construction grading or construction. PBA or his/her designee. begins that students may be required to use sidewalks on the opposite sides of streets to avoid project construction activities and closure of the sidewalks adjacent to the project site. PS-13 The project developer shall submit to the Santa Ana Unified School District a School Access Plan that provides During all site preparation, Executive Director of the for the safe passage of students to and from Willard Intermediate School and the Orange County High School of grading or construction PBA or his/her designee. the Arts. The plan shall be subject to approval by the Santa Ana Unified School District before construction activities are initiated. The School Access Plan shall include, but not be limited to: 8 8 8 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report TABLE 1 MITIGA TION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT :;tJ CD 00 Q. c:: ...... õ. :J "'Cz ~ ~ CDN --"0 -.... O 0 ~ -0 -"" N (,,)0 Mitigation Measure Implementation Responsible Schedule Department . The closure of the sidewalks on Washington Avenue, Tenth Street, Sycamore Street and Broadway adjacent to the project site. Appropriate signs shall be posted that the sidewalks are closed and pedestrians are directed to use sidewalks on the opposite sides of the streets. . Barricading the perimeter of the project site with temporary fencing to secure construction equipment, minimizing trespassing, vandalism and short-cut attractions, and to reduce hazards to students during project demolition activities. . The posting of a flag person at the entrance(s) to the project site to protect pedestrians from conflicts with heavy equipment and haul trucks entering or leaving the project site during the times of school arrivals and departures. . The funding of crossing guards at the intersection of Washington Avenue and Broadway, Washington Avenue and Sycamore Street, Tenth and Sycamore Streets and Tenth Street and Broadway. Crossing guards shall be provided during the times of school arrivals and departures when the schools are in session Monday through Friday. If determined to be necessary by the principal of the Orange County High School of the Arts (OCHSA), provide crossing guards at the intersection of Sycamore and Tenth Streets when special daytime performances are held at the OCHSA auditorium. . Provide sufficient written notice of commencement and completion of project construction activities to the principals of Willard Intermediate School and the Orange County High School of the Arts. . Provide the name and telephone number of a contact person who is knowledgeable about the project for the developer and construction contractor for use by the principals of Willard Intermediate School and the Orange County High School of the Arts. Utilities and Service Systems U-l The project developer shall coordinate with SCE prior to construction to determine the exact location of all Prior to any site preparation, Executive Director ofthe underground and overhead electrical facilities or taking action which could damage such facilities or interfere grading or construction. PBA or his/her designee. with their operations. The Contractor shall protect all electric facilities and associated structures to be left on the project site from damage. U-2 All new electrical lines shall be placed underground as required by the City of Santa Ana. During construction. Executive Director of the PW A or his/her designee. U-3 The project developer shall coordinate with SCGC prior to construction to determine the exact location of all Prior to any site preparation, Executive Director of the underground natural gas facilities and take action to prevent damage to these facilities or interference with their grading or construction. PW A or his/her designee. operations. The Contractor shall protect all natural gas pipelines and associated structures to be left on the project site from damage. "1J:::C [\) CD :c 00 CD 0 .....2" CX>~ 0 0 _:J -.... Z (,.)0 N 0 0 .þ.. I 0 N 0 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report TABLE 1 MITIGA TION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Implementation Responsible Schedule Department U-4 The project developer shall coordinate with Adelphia (formerly Comcast) prior to construction to determine the Prior to any site preparation, Executive Director of the exact location of all underground cable facilities or taking action which could damage such facilities or interfere grading or construction. PW A or his/her designee. with their operations. The Contractor shall protect all existing cable lines and associated structures to be left on the project site from damage. U-5 The project developer shall coordinate with Pacific Bell prior to construction to determine the exact location of all Prior to any site preparation, Executive Director of the underground telephone facilities or taking action which could damage such facilities or interfere with their grading or construction. PW A or his/her designee. operations. The Contractor shall protect all existing telephone lines and associated structures to be left on the project site from damage. U-6 Prior to issuance of grading permits, the project developer shall demonstrate to the City of Santa Ana that Prior to issuance of the Executive Director of the construction-related waste generated on site would be recycled wherever feasible as the first choice of disposal grading permit. PBA or his/her designee. method, leaving the option of landfill disposal as a last alternative. The proposed commercial use shall incorporate facilities for collection and pick-up of recyclable materials into the design of the project office building. The project developer shall coordinate with City staff to develop appropriate recycling programs for this proi ect. U-7 The project developer shall coordinate with the Santa Ana Water Utility prior to construction to determine the Prior to any site preparation, Executive Director ofthe exact location of all existing underground water facilities and take action to prevent damage to these facilities to grading or construction. PW A or his/her designee. be left on the project site or interference with their operations. The project developer shall also pay their fair share amount for the necessary facilities to accommodate project-related water sUDDlies. U-8 The project developer shall coordinate with CSDOC and the City of Santa Ana Public Works Department prior to Prior to any site preparation, Executive Director of the construction to determine the exact location of all underground sewer facilities and take action to prevent damage grading or construction. PW A or his/her designee. to these facilities or interference with their operations. The Contractor shall protect all sewer lines and associated structures that will be left on the project site from damage. U-9 The project developer shall pay their fair share amount, as determined by the City of Santa Ana, to construct the At issuance of first building Executive Director of the proposed storm drain system serving the project site to Broadway Street in accordance with the City's Master Plan permit PW A or his/her designee. of Drainage. U-lO The project developer shall pay all costs for the construction of a new 8-inch waterline and a 6-inch sewer to be At issuance of first building Executive Director of the constructed within Washington Avenue and 10th Street to replace these lines abandoned in a portion of Sycamore permit PW A or his/her designee. Street. Aesthetics AS-l The project proponent will ensure that all outdoor lighting and fixtures, including lighting for construction, are During final design, Executive Director of the shielded or designed and located to minimize nighttime light spillage onto adjacent uses. Outdoor fixtures will be construction and operations. PW AIPBA or his/her designed to generate less than O.25-foot candle power of light where possible, designee. :;tJ CD 00 0 s: õ' :J "1Jz [\) 0 (C . CD N .....0 CDO O~ -0 -"" N (,,)0 8 8 Findings and Facts in Support of Findings Environmental Impact Report One Broadway Plaza 8 TABLE 1 MITIGA nON MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure and will direct lighting towards the interior of the project site. Cultural Resources CR-I Relocation of Historic Resources at 1007-1009 North Broadway (Yale Apartments) The historical resources proposed for demolition as part of the proposed One Broadway Plaza project should be made available for relocation as follows: A. The availability of the Yale Apartments for relocation shall be noticed by posting a sign at a location that is visible from the public right-of-way and by advertising in at least one newspaper with a local circulation. These forms of notification shall persist at least 14 days; B. The buildings shall be made available free of charge for at least 60 days; C. Plans for the relocation of the buildings shall be submitted to and evaluated by the City Council; D. If the City of Santa Ana Planning Commission approves the relocation plan, the applicant has 30 days to remove the building(s) from the project site. If the building(s) are not removed at the end of the 30 days, they may be demolished after they have been documented, as required in measure CR-2; and, E. The length of this process shall endure for no more than 240 days from the date a demolition application is submitted. CR-2 Recordation of Historic Resources for 1007-1009 North Broadway (Yale Apartments) Although the demolition of an historical resource cannot be mitigated to below a level of significance, the following actions are important for documenting their loss for posterity. In the event the Yale Apartments are not relocated, they shall be documented, prior to the issuance of a demolition permit, in a report consistent with Historic American Buildings Survey (HABS) standards. That report shall document the Implementation Schedule Prior to demolition. Prior to demolition. Responsible Department Executive Director of the PW AIPBA or his/her designee. Executive Director of the PW AIPBA or his/her designee "1J:;tJ [\) CD (Coo CDQ. NC:: O!:!: 0 0 _:J -.... Z (,.)0 N 0 0 .þ. I 0 N 0 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report TABLE 1 MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure significance and physical condition of the buildings proposed for demolition, both historic and current, photographs, written data and text. The report and historic survey must be completed by a person technically trained in the HABS methods. This documentation shall include: A. A brief written historic and descriptive report in narrative format, including an architectural data form; B. A site plan on 8" x 11" paper shows the location of the building. This site plan shall include a photo- key. The site plan will include appropriate measurements; C. A sketch floor plan on 8" x II" paper shall accompany each architectural data form; D. Large format (4" x 5" or larger negative size) photographs in accordance with the HABS guidelines. Views shall include several contextual views, all exterior elevations, detailed views of significant exterior architectural features and interior views of significant historical architectural features or spaces (if any). All photographs will be black and white, will include captions and will be listed in a separate index; E. Field photographs (35mm) based on the HABS guidelines. Views as detailed in large format photographs. All photographs will be black and white, will include captions and will be listed in a separate index; F. The report shall include copies or prints of any available original plans and historic photographs; G. ArchivaIly stable reproductions of any available significant historic construction drawings and photographs; and H. Archival copies of the documentation shall be submitted to the City of Santa Ana. 1. In addition to the documentation identified above, the documentation shall include: . Elevations of all sides of the buildings on minimum 19" x 24" mylar and waterproof ink, copied and reduced to 8.5" x 11" on archival bond. . Floor plan with measurements. Implementation Schedule Responsible Department :;tJ CD en Q. c:: ...... õ. :J "1Jz [\) 0 (C . CDN NO ""'0 O~ -0 -"" N (,,)0 CR-3 CR-4 8 8 One Broadway Plaza Findings and Facts in Support of Findings Enviro TABLE 1 MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY P Mitigation Measure . Site plan should also include measurements. Photographs must include a separate index and captions and photos should be black and white. J. All survey information must be performed by a person technically trained in HABS methods. Rehabilitation for National and California Register Eligible Resource at 1103 North Broadway Street (McNeill- Basler House). The One Broadway Plaza project proposes the rehabilitation of the McNeill-Basler House conform to the Secretary of the Interior's Standards for Rehabilitation (United States Department of the Interior, National Park Service 1995). The rehabilitation is for use as commercial space. Any rehabilitation must conform with the Secretary of the Interior's Standards for Rehabilitation (United States Department of Interior National Park Service 1995). The following actions ensure compliance with the required Standards of Rehabilitation for proposed modifications to the structure at 1103 North Broadway: A. The rehabilitation of the structure at 11 03 North Broadway Street shall conform with the Secretary of the Interior's Standards for Rehabilitation (United States Department of the Interior, National Park Service 1995); B. Detailed plans of the rehabilitation of the McNeill-Basler House shall be submitted to the City of Santa Ana for review and approval, prior to any changes to this structure. The City shall have a qualified architectural historian review and approve the plans and monitor the rehabilitation program, for consistency with the Standards for Rehabilitation; and c. The City of Santa Ana will document the rehabilitation program by establishing a monitoring program and certification that the building is rehabilitated in accordance with the Secretary's Standards shall occur prior to issuance of a building permit. Resources Listed on the City of Santa Ana Register of Historical Property at 1103 North Broadway (McNeill-Basler House), 1109 North Broadway (Koenig House), 1115-1117 North Broadway (Macintosh Apartments), and 1211 North Broadway (Kelley House) shall be rehabilitated in their present locations. These properties are all listed on the City of Santa Ana Register of Historical Property. Prior to any rehabilitation or modifications to the exteriors of these structures, other than painting, the project applicant 8 nmental Impact Report LAZA PROJECT Implementation Responsible Schedule Department During final design and Executive Director of the rehabilitation. PBA or hislher designee. During final design and Executive Director of the rehabilitation. PBA or hislher designee. "1J:;tJ [\) CD (Coo CDQ. NC:: N~ 0 0 _:J -.... Z (,.)0 N 0 0 .t>- o 0 N 0 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report TABLE 1 MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure must conform with the requirements of Ordinance No. NS-2338 (An Ordinance of the City Council of the City of Santa Ana Amending Chapter 30 of the Santa Ana Municipal Code Regarding Places of Historical and Architectural Significance). Mitigation measure CR-3, above, requires compliance with the Secretary of the Interior's Standards for Rehabilitation for the proposed modifications to and rehabilitation of the structure at 1103 North Broadway Street. This satisfies the intent of Ordinance No. NS-2338 for this structure. For the remaining structures listed above, the following apply: A. Plans for modifications or rehabilitation to the exteriors of these structures must be approved by the Planning Commission prior to any changes to these structures. It is recommended that the Secretary's Standards for Rehabilitation be used to avoid any adverse effects to these recognized local historical resources; and B. The City of Santa Ana will document the rehabilitation program by establishing a monitoring program of the work, and shall require review and approval of the plans by a qualified architectural historian, and certification that the plans follow the design standards adopted by the City. CR-5 In the event unknown cultural resources are discovered during construction activities, all construction activities within the vicinity of the finding shall halt and the City's Environmental Coordinator shall be contacted for appropriate action. CR-6 Human Remains. CR-7 If Human Remains are found during the test excavation, the Native American Graves Protection Act Guidelines and State law require that the crew halt the work in the immediate area; leave the remains in place and contact the City of Santa Ana project personnel and the Orange County Coroner. Until a representative of the Coroner's office reviews the remains in the field, they must not be removed. If the Coroner determines that the remains are prehistoric, the Coroner will contact the Native American Heritage Commission and the most likely descendent from the Native American community will be informed. The final deposition of remains will be coordinated by representatives of the property owner and the most likely descendent. Artifacts. Any artifacts recovered shall be properly collected with photographs, field notes and locations plotted on a USGS 7.5' topographic quadrangle and a project map. Artifacts will be identified, catalogued and Implementation Schedule During all site preparation, grading and construction. During all site preparation, grading and construction. During all site preparation, grading and construction. Responsible Department City of Santa Ana Environmental Coordinator Executive Director of the PBA or hislher designee and the Orange County Coroner. Executive Director of the PBA or hislher designee 8 8 8 One Broadway Plaza Findings and Facts in Support of Findings Environmental Impact Report TABLE 1 MITIGATION MONITORING PROGRAM FOR THE ONE BROADWAY PLAZA PROJECT Mitigation Measure Implementation Responsib Schedule Departme stabilized for curation. Any recovered artifacts shall be offered, on a first right-of-refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials. The Anthropology Museum at California State University, Fullerton would be an appropriate repository to receive any artifacts collected on the project site. CR-8 Final Report. After the completion of all Executive Directo site disturbance activities. PBA or his/her de A final report, including an itemized inventory and pertinent field data, shall be sent to the City of Santa Ana, the South Central Coastal Information Center at California State University, Fullerton and the County of Orange Harbors, Beaches and Parks Department. CR-9 Relocation for Resources Listed on the City of Santa Ana Register of Historical Property at 1015 North Broadway Prior to issuance of a grading Planning Division (Twist-Basler House). permit. A. The developer shall relocate the structure located at 1015 North Broadway to a City approved location. Further, the structure shall be placed on a permanent foundation, have all utility services connected/operational and be rehabilitated to City standards. :;tJ CD 00 Q. c:: ...... õ. :J "1Jz [\) 0 (C. CDN NO (,,)0 0 ~ -0 -"" N (,,)0 ble nt r of the signee. One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT, FINDINGS AND APPROVALS FOR THE ONE BROADWAY PLAZA PROJECT 1.0 CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT Pursuant to California Code of Regulations (CCR), Title 14, Section 15090, the City of Santa Ana (the "City") hereby certifies the Final Environmental Impact Report ("Final EIR," State Clearinghouse No. 99101047) for the One Broadway Plaza project ("project"). The Final EIR has been completed in compliance with the California Environmental Quality Act, Public Resources Code Section 21000, et seq ("CEQA") and the State CEQA Guidelines, CCR, Title 14, Section 15000, et seq ("CEQA Guidelines"). The City certifies that it has been presented with the Final EIR and that it has reviewed and considered the information in the Final EIR prior to approving the One Broadway Plaza project, as set forth herein. The City further certifies that the Final EIR reflects the independent judgment and analysis of the City of Santa Ana. The Final EIR consists of the July 2003 Draft EIR, the October 2003 Responses to Comments Report and the project Mitigation Monitoring Program (MMP). 2.0 FINDINGS Having received, reviewed and considered the information in the record before it, including the Final EIR, which is hereby incorporated by reference, the following Findings are hereby adopted by the City as required by CEQA (specifically, CCR, Title 14, Sections 15091 through 15093) in conjunction with the approval of the project, which is set forth below. The City is the Lead Agency for the environmental documentation for the project evaluated in the Final EIR. Based on the substantial evidence in the record before it, the City finds that the Draft and Final EIRs were prepared in compliance with CEQA and the CEQA Guidelines. The City finds that the Draft EIR was prepared by consultants retained by the City and by City staff, subject to independent review and judgment of the City. The City finds that it has independently reviewed and analyzed the Draft EIR and the Final EIR for the proposed One Broadway Plaza project, that the Draft EIR which was circulated for public review reflected its independent judgment and that the Final EIR reflects the independent judgment of the City. The City has based its actions on full appraisal of all viewpoints, including all comments received up to the date of the adoption of these Findings, concerning the potential environmental impacts identified and analyzed in the Final EIR. In addition, the City has reviewed and considered the MMP (which is contained in the Final EIR), which describes the process to ensure implementation of the mitigation measures that have been incorporated in the approved project to reduce or avoid significant adverse impacts of the project on the environment. This MMP will ensure CEQA compliance during project implementation. EXHIBIT B Resolution No. 2004-020 Page 24 of 73 8 8 8 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 3.0 ENVIRONMENTAL REVIEW PROCESS 3.1 PROJECT BACKGROUND AND OBJECTIVES The project site consists of an approximately 4.32 acre city block generally bounded by Washington Avenue to the north, Sycamore Street to the east, 10th Street to the south, and Broadway Street to the west. The One Broadway Plaza Project would consist of 545,124 square feet of office, retail and restaurant area. The project consists of a 37-story office building, 8- level parking structure (seven levels aboveground and one sublevel) and the rehabilitation of four existing structures into commercial office and restaurant uses. The One Broadway Plaza Project would be developed entirely on one City block. As part of the project, the City would abandon the segment of Sycamore Street between 10th Street and Washington Street to allow for construction of the office building and parking structure. Additionally, 10th Street would be converted from a two-way street to a one-way eastbound street and Washington Avenue would be converted from a two-way street to a one-way westbound street. The project would require the removal of three structures on the project site that are designated historically significant. One other existing structure on the project site designated historically significant would be retained in its present condition. A comprehensive design and landscape program would be implemented to unify the rehabilitated and retained structures on the project site with the other land use components of the One Broadway Plaza Project. The objectives ofthe proposed One Broadway Plaza project are: . To create a new City landmark by developing an office building with the height, scale and quality to serve as a central focal point of the Downtown Redevelopment Area ofthe City. . To provide a large quantity of Class A office space in a configuration suitable for acquisition of major, high-profile tenants. . To provide a large quantity of Class A office space in the immediate vicinity of the City Civic Center in order to attract major tenants needing to locate close to the government center ofthe County. . To provide a Class A office building attracting professional tenants who will support the cultural and business activities of the central city area of Santa Ana. . To provide for the public a world-class restaurant with unique 360 degree views that creates a destination point for visitors to Santa Ana. . To preserve and enhance the Broadway area by providing palm tree lined plazas which include extensive landscaping, public art and water features and serve as public gathering places. . To substantially increase employment opportunities within the City. Resolution No. 2004-020 Page 25 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . To provide an on-site parking structure that will serve the parking needed for the office building as well as providing needed additional parking for the public in the surrounding area. . To provide a project that contributes to the redevelopment and revitalization of the central city by acting as a catalyst for future improvements that foster entertainment, cultural and business activities and establish Santa Ana as a vibrant center of Orange County life. . To provide a substantial positive fiscal impact to the City which will contribute to the maintenance and improvement of public services. The City of Santa Ana Planning and Building Agency is the Lead Agency for the EIR, as defined by the CEQA, Section 21067. The City of Santa Ana has determined that the EIR is required pursuant to Section 15063 of the CEQA Guidelines to assess the potential impacts resulting from approval of the One Broadway Plaza project and other discretionary actions necessary for its implementation. This EIR is intended to serve as a program level EIR for the required General Plan Amendment and changes to the Mid-Town Specific Plan and as a project EIR for the One Broadway Plaza Site Plan approval and other related implementation actions. To implement the project, the City and/or other public agencies may consider various actions, permits and approvals. Other agencies may also consider the EIR in the review of project permits or other actions, including but not limited to Caltrans (for the helipad). The potential actions, permits and approvals for the proposed project are anticipated to include the following: . Approval of a Development Agreement to ensure the timely construction of the project, ensure occupancy by credit tenants, clarify the various improvements to be provided and to provide for the restoration and relocation of historic structures. . General Plan Amendment to establish the One Broadway Plaza Specific Development District Center designation and as a Major Development Area in the Land Use Element and establish a maximum Floor Area Ratio of2.9. . Amendment to Circulation Element to add Local Commercial Street classification. . An amendment to the Midtown Specific Plan to delete the project site from the Broadway Corridor District. . Adoption of a One Broadway Plaza Specific Development District. Specific objectives, policies and development standards will be established within the One Broadway Plaza Specific Development District to accommodate and guide the development of the One Broadway Project. . Resolution of necessity to acquire properties located at the northwest corner of 1 ih Street and Main Street and the northeast corner of 17th Street and Broadway Street. . Parcel Map. Resolution No. 2004-020 Page 26 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 . Vacation of Sycamore Street between 10th Street and Washington Avenue. . Encroachment PermitlMaintenance Agreement for roundabout fountain. . Approval of an off site Improvement Agreement to acquire properties located at the northwest corner of 1 ih Street and Main Street and northwest corner of Seventeenth Street and Broadway Street. . Historical Resource Commission review for demolition requests for properties located at 1007-1009 North Broadway Street, 1015 North Broadway Street and 1109 North Broadway Street. . Obtain a State Helipad Permit. . Approval from Orange County Airport Land Use Commission. 3.2 DRAFT ENVIRONMENTAL IMP ACT REPORT 3.2.1 Initial Study and Notice of Preparation 8 The City of Santa Ana distributed a Notice of Preparation (NOP) of an EIR and an Initial Study (IS) for the One Broadway Plaza project on October 7, 1999. Because of changes to the proposed project by the project developer, a second NOP was distributed for public review on February 12, 2001. The NOPs/ISs were distributed to the State Clearinghouse Office of Planning and Research, public agencies, utility and service providers, homeowners' associations and other interested parties in the project area. Copies of the 1999 and 2001 NOPs/ISs are provided in Appendix A of the EIR. The City of Santa Ana received fifteen written responses to the recirculation of the NOP on February 12, 2001 and ten written responses to the NOP on October 7, 1999. Copies of these comment letters are provided in Appendix B of the EIR. 3.2.2 Scoping Meeting The City of Santa Ana conducted a scoping meeting for the proposed One Broadway Plaza project on October 21, 1999. The meeting was held from 7:00 PM to 9:00 PM, at the City of Santa Ana City Council Chambers, in the Santa Ana Civic Center. The notice of the scoping meeting was posted on the project site, was included in the Project NOP and was published in the Orange County Register newspaper. A copy of the scoping notice is provided in Appendix B in the EIR. 8 The City also conducted a scoping meeting for the One Broadway Plaza on February 21, 2001. The meeting was held from 7:00 PM to 9:00 PM at the City of Santa Ana Council Chambers in the Santa Ana Civic Center. The notice of the scoping meeting was included in the NOP and was published in the Orange County Register newspaper. A notice of the scoping meeting was also sent to all property owners within 300 feet of the project site. A copy of the scoping notice Resolution No. 2004-020 Page 27 of 73 One Broadway Plaza Environmental Impact Report is provided in Appendix B in the EIR. Findings and Facts in Support of Findings Based on the findings of the ISs and public input provided in response to the NOPs, the Draft EIR evaluated the following environmental issues: land use and relevant planning programs; topography, soils and geology; hydrology and water quality; air quality; transportation; hazards and hazardous materials; noise; population and housing; public services; utilities and service systems; aesthetics and cultural resources. 3.2.3 Draft EIR 3.2.2.1 Circulation of the Draft EIR The City of Santa Ana circulated the Draft EIR for the proposed One Broadway Plaza Project for public review between July 30, 2003 and September 12, 2003. The Responses to Comments Report documents the public review and comment period for the Draft EIR. The Notice of Completion and the Notice of Availability (NOA) for the Draft EIR are provided in Appendix A of the Responses to Comments Report. The NOA was provided in a newspaper notice regarding the availability of the Draft EIR and the scheduled neighborhood workshops and Planning Commission public hearing as shown in Appendix A in the Responses to Comments Report. The distribution list for the Draft EIR is provided in Appendix B. The written comments received on the Draft EIR included letters, emails, comment cards from the neighborhood meetings and written comments provided to the Planning Commission during the public hearing. Verbal comments were also received at the Planning Commission public hearing and are documented in a transcript of that hearing. Written comments on the Draft EIR for the proposed One Broadway Plaza widening project were received from the following: State, Regional and Local Agencies California Department of Transportation State of California Governor's Office of Planning and Research South Coast Air Quality Management District Southern California Association of Governments County of Orange Planning and Development Services Department City of Tustin City of Irvine City of Santa Ana Planning Division Santa Ana Historic Resources Commission Orange County Sanitation District Businesses, Groups and Organizations Maternal Outreach Management Systems Concerned Parents ofEI Sol Academy Southern California Gas Company Orange County Associates Resolution No. 2004-020 Page 28 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 Floral Park Neighborhood Association Heritage Orange County, Inc. Washington Square Neighborhood Association Santa Ana Historical Preservation Society ARTbar Gerald Schwartz Fredrico Castelan Sayre Daniel J. Donahue American Demolition/Concrete Cutting Alison Young, Santa Ana Historical Preservation Society Brad Romoff and Justin Reuter Members of the General Public 8 Michelle Higbee J an Dunford Jon Weger Andree L. Weger Debbie McEwen J 0 Ann Ramirez Rose Ann Garcia Kings Roberta Reed Laurie Hampton Larry Irvine Dee and Bob Runnells Roberta Reed Benjamin F. Grabiel Jeff Dickman William Beaubeaux Barry Jensen John and Lucy Bateson and Ryan Goins Alison Young 3.2.2.2 Neighborhood Workshops The City held two neighborhood meetings for the Draft EIR. These neighborhood meetings were held between 6:30 PM and 8 PM on September 2 and 3, 2003, at Davis Elementary School (1405 French Street, Santa Ana). The format of the meetings was informal, with topical stations provided around the room. Each station was staffed by City and consultant staff persons and included appropriate poster boards and handouts. Appendix C of the Responses to Comments Report provides the attendance sign-in sheets from the two neighborhood workshops. A total of approximately 40 people attended the two workshops. 3.2.2.3 Planning Commission Public Hearing 8 A public hearing was held on the Draft EIR for the proposed One Broadway Plaza project as part Resolution No. 2004-020 Page 29 of 73 One Broadway Plaza Environmental Impact Report of the regularly scheduled September 81, 2003 City of Santa Ana Planning Commission meeting. This meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana). A total of 31 persons spoke during the public hearing. Appendix D in the Responses to Comments Report provides a list of all the persons who spoke at the Planning Commission public hearing. The transcript from the public hearing is provided in the Responses to Comments Report. Findings and Facts in Support of Findings 3.2.2.4 Written Responses to Written Comments and Input from the Planning Commission Public Hearing The City evaluated the comments on environmental issues received from persons who reviewed the EIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised in these comments. As required by CEQA, the City has provided to each of the public agencies that commented on the Draft EIR responses to the comments received from that agency at least ten days prior to the certification of the Final EIR. The Final EIR provided adequate, good faith and reasoned responses to the comments. Pursuant to CEQA Guidelines Section 15088.5, a lead agency is required to recirculate and EIR when significant new information is added to the EIR after the Notice of Availability is given, but before certification. The term information specifically includes: (i) (ii) (iii) Changes to the project, Changes in the environmental setting or Additional new data or other information. CEQA Guidelines Section 15088.5 further provides that".. .new information added to an EIR is not "significant" unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement." The City has reviewed the comments received and the responses to those comments as well as other text changes and references that have been incorporated into the EIR. Since the release of the Draft EIR for public review, there have been no changes to the project; no changes in the environmental setting; and no additional data or information was added to the EIR which would deprive the public of a meaningful opportunity to comment on the project. Therefore, having reviewed the information contained in the Draft and Final EIRs and in the administrative record, as well as the requirements under CEQA Guidelines Section 15088.5 regarding recirculation of draft EIRs, the City hereby finds that there is no new significant information and no need to recirculate the EIR. Therefore, the Final EIR has been prepared and considered by the City. 3.3 FINAL ENVIRONMENTAL IMP ACT REPORT The City has prepared a Final EIR for the One Broadway Plaza project. In accordance with the requirements of CEQA and the CEQA Guidelines, the Final EIR consists of: Resolution No. 2004-020 Page 30 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 (a) The Draft EIR; (b) Comments and recommendations received on the Draft EIR (in the Responses to Comments Report); (c) A list of persons, organizations and public agencies commenting on the Draft EIR (in the Responses to Comments Report); (d) The City's responses to the comments received on the Draft EIR (in the Responses to Comments Report); (e) Final Mitigation Monitoring Program; and (f) Other information added by the City, including all documents incorporated by reference. 4.0 PROJECT IMPACTS AND DISPOSITION OF RELATED MITGATION MEASURES IDENTIFIED IN THE FINAL EIR 8 The analysis in the Final EIR identifies all the significant adverse environmental impacts of the One Broadway Plaza project. All the mitigation measures identified in the Final EIR are included in the project Approval and are made conditions of the One Broadway Plaza project. The following findings are made with respect to each significant adverse environmental impact of the One Broadway Plaza project. In addition, the following findings provide a description of the potential adverse impacts of the project and the mitigation measures in support of the Findings. Potentially significant adverse impacts of a project can be divided into two categories: . Potentially significant adverse impacts which can be mitigated to below a level of significance, based on implementation of identified project features, project mitigation measures and/or City of Santa Ana standard conditions of approval. . Potentially significant adverse impacts which can be partially mitigated, but not to below a level of significance. As described later in these Findings, the One Broadway Plaza project will result in some significant adverse impacts which cannot be mitigated to below a level of significance. For each potentially significant adverse impact of the One Broadway Plaza project, one of the following findings must be made, including the provision of facts supporting each finding: . Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. . Such changes or alterations are within the responsibility and 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. 8 Resolution No. 2004-020 Page 31 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 4.1 POTENTIALLY SIGNIFICANT ADVERSE IMP ACTS OF THE ONE BROADWAY PLAZA PROJECT WHICH CANNOT BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the One Broadway Plaza project which cannot be mitigated to below a level of significance are described in this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the project would not be mitigated to below a level of significance, after implementation of the mitigation measures. A Statement of Overriding Considerations (SOC) has been prepared to address these unavoidable significant adverse impacts ofthe project. 4.1.1 Impacts Related to Short Term Air Quality Impacts 4.1.1.1 Potentially Significant Adverse Impact Related to Construction NO~ and PMlQ Emissions As described in detail in Section 3.4 (Air Quality) in the EIR, the One Broadway Plaza project will result in significant adverse NOx and PMIO emissions as a result of the use of construction equipment and the generation of dust during construction. 4.1.1.2 Finding Related to Construction NO~ and PMlQ Emissions Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.1.1.3 Facts in Support of the Finding Related to Construction NO" and PMIO Emissions Implementation of mitigation measures AQ-1 to AQ-15, below, will substantially lessen the adverse construction impacts of the One Broadway Plaza project related to NOx and PMIO. However, these measures will not reduce this significant adverse impact of the project to below a level of significance. AQ-1 Use low-emission mobile construction equipment where feasible. AQ-2 Water site and clean equipment morning and evening to comply with AQMD Fugitive Dust Measures BCM-03 and BCM-06. As part of the conditions of grading permit approval, the project shall water the construction site and unpaved haul roads (with use of reclaimed water or chemical soil binder, where feasible) twice daily. AQ-3 Wash offtrucks leaving the site to comply with AQMD Fugitive Dust Measure BCM-Ol. As part of the conditions of grading permit approval, project construction contractors shall wheel wash construction equipment and cover dirt in trucks during on- Resolution No. 2004-020 Page 32 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 road hauling. This measure is already included in the particulate emission projections in the report. Haul trucks leaving the site shall also have a minimum freeboard distance of 12", or cover payloads. AQ-4 AQ-5 AQ-6 AQ-7 AQ-8 AQ-9 AQ-lO AQ-11 8 AQ-12 AQ-13 AQ-14 AQ-15 Sweep streets if silt is carried over to adjacent public thoroughfares. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. Suspend grading operations during first and second stage smog alerts. Suspend all grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour. Maintain construction equipment engines by keeping them tuned. Where feasible use low sulfur fuel for stationary construction equipment. Where feasible utilize existing power sources (e.g., power poles) or clean fuel generators rather than temporary power generators. Provide on-site power sources during the early stages of the project. Where feasible, use low emission on-site stationary equipment (e.g. clean fuels). Spread soil binders on site, unpaved roads and parking areas. Apply chemical soil stabilizers according to manufacturer's specifications to all inactive construction areas (previously graded areas which remain inactive for 96 hours). Reestablish groundcovers on construction site through seeding and watering of the site that will not be disturbed for lengthy periods (such as two months or more). 4.1.1.4 Level of Significance oflmpacts Related to Construction NOx and PMIO Emissions The short term adverse impacts of the One Broadway Plaza project related to NOx and PMIO emissions during construction cannot be mitigated to below a level of significance. 4.1.2 Impacts Related to Long Term Air Quality Impacts 4.1.2.1 Potentially Significant Adverse Impact Related to Long Term NOx Emissions As described in detail in Section 3.4 (Air Quality) in the EIR, the One Broadway Plaza project will result in adverse air quality impacts related to NOx emissions during long term operations. 8 4.1.2.2 Finding Related to Long Term NOx Emissions Resolution No. 2004-020 Page 33 of 73 One Broadway Plaza Environmental Impact Report Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Findings and Facts in Support of Findings 4.1.2.3 Facts in Support of the Finding Related to Long Term NOx Emissions Implementation of mitigation measures AQ-16 to AQ-32, below, will substantially lessen the adverse operations impacts of the One Broadway Plaza project related to long term emissions of NOx. However, these measures will not reduce this significant adverse impact of the project to below a level of significance. AQ-16 Schedule truck deliveries and pickups during off-peak hour. AQ-17 AQ-18 AQ-19 Provide adequate ingress and egress at all entrances to public facilities to minimize vehicle idling at curbsides. Provide dedicated turn lanes as appropriate and provide roadway improvements at heavily congested roadways. Provide on-site services. AQ-20 Improve thermal integrity of the buildings and reduce thermal load with automated time clocks or occupant sensors. AQ-21 AQ-22 AQ-23 Install energy efficient street and parking lot lighting. Comply with the AQMP Miscellaneous Sources PRC-03 to reduce emissions of restaurant operations. Introduce efficient heating and other appliances, such as water heaters, cooking equipment, refrigerators, furnaces and boiler units. Also, incorporate appropriate passive solar design and solar heaters. This measure is intended to reduce VOC and PMIO emissions. Provide lighter color roofing and road materials and tree planting programs to comply with the AQMP Miscellaneous Sources MSC-01 measure. AQ-24 Provide local shuttle and transit shelters and ridematching services to comply with Advanced Transportation Technology ATT-02. AQ-25 AQ-26 Ensure efficient parking management. Provide preferential parking to high occupancy vehicles and shuttle services. Also, designate additional car pool or vanpool parking. AQ-27 Employers should provide variable work hours and telecommuting to employees to comply with Advanced Transportation Technology A TT -01. AQ-28 Provide dedicated parking spaces with electrical outlets for electrical vehicles. Resolution No. 2004-020 Page 34 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 AQ-29 Employers should provide ridematching, guaranteed ride home, or car pool or vanpool to employees as a part of the TDM program and to comply with the AQMP Transportation Improvements TCM-01 measure. AQ-30 Employers should provide compensation, prizes or awards to ridesharers. AQ-31 The City should synchronize traffic signals in the vicinity of the project site. AQ-32 Introduce window glazing, wall insulation, and efficient ventilation methods. 4.1.2.4 Level of Significance of Impacts Related to Long Term NOx Emissions The adverse impacts of the One Broadway Plaza project related to long term NOx emissions during operations cannot be mitigated to below a level of significance. 4.1.3 Cumulative Impacts Related to Air Quality 4.1.3.1 Potentially Significant Cumulative Adverse Impact Related to Air Quality 8 The South Coast Air Basin (Basin) is currently in nonattainment for the state ambient air quality standards (AAQSs) for ozone, carbon monoxide and particulate matter «10 microns). The One Broadway Plaza project will contribute additional pollutants to the Basin. The project would exceed the AAQS construction emission thresholds for NOx and PMIO and the AAQS during operations for NOx. The other approved and proposed projects in the area are anticipated to include mitigation that would reduce impacts related to air quality to below a level of significance for some of those cumulative projects. Because the Basin currently exceeds the AAQS for these air pollutants and because the One Broadway Plaza project would result in significant levels of air pollution, above the AAQS for construction emission for NOx and PMIO and for NOx during operations, the project is anticipated to contribute to significant adverse short term cumulative NOx and PMIO and long term cumulative NOx impacts related to air quality. 4.1.3.2 Finding Related to Cumulative Air Quality Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.1.3.3 Facts in Support of the Finding Related to Cumulative Air Quality 8 The implementation of mitigation measures AQ-1 to AQ-32, provided earlier, will substantially lessen the adverse impacts of the One Broadway Plaza project related to construction emissions of NOx and PMIO and operations related emissions of NOx. However, these measures will not reduce these significant adverse impacts of the project to below a level of significance. Therefore, the One Broadway Plaza project will contribute cumulatively to adverse air quality impacts in the Basin. Resolution No. 2004-020 Page 35 of 73 One Broadway Plaza Environmental Impact Report 4.1.3.4 Level of Significance oflmpacts Related to Cumulative Air Quality Findings and Facts in Support of Findings The contribution of the One Broadway Plaza to cumulatively adverse impacts related to construction and operations NOx emissions and construction related PMIO emissions cannot be mitigated to below a level of significance. 4.1.4 Impacts Related to Transportation 4.1.4.1 Potentially Significant Adverse Impacts Related to Transportation As described in detail in Section 3.5 (Transportation) in the EIR, the proposed One Broadway Plaza project will result in adverse impacts as a result of long term operation. 4.1.4.2 Finding Related to Transportation Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. and Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 4.1.4.3 Facts in Support of the Finding Related to Transportation Impacts to Streets Main Street (1 ih Street to 15t Street). Mitigation measures to reduce potential traffic along Main Street between 17tl1 Street and 15t Street to a level considered less than significant have been determined to be not feasible due to significant land use impacts associated with their implementation. To help minimize impacts along Main Street, mitigation measures T -5 and T-6 are required. T-5 Main Street, between 17th Street and Civic Center Drive, shall have all on-street parking stalls and parking meters removed and Main Street shall be re-striped to provide a third northbound through lane within the existing right-of-way. The developer shall pay all costs associated with re-striping and removing existing parking meters. T-6 The developer shall pay all costs (acquisition, design, construction, administration and inspection) for providing southbound right-turn lane at the intersection of Main Street and 17th Street. Broadway Street (Santa Clara Avenue to 15t Street). Mitigation measures to reduce potential traffic impacts along Broadway Street between Santa Clara and 15t Street to a level considered less than significant have been determined to be not feasible due to significant land use impacts Resolution No. 2004-020 Page 36 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 associated with their implementation. mitigation measure T - 7 is required. To help mInimiZe impacts along Broadway Street, T-7 The developer shall pay all costs (acquisition, design, construction, administration and inspection) for providing southbound right-turn lane at the intersection of Broadway Street and 1 ih Street. Impacts to Intersections Main Street & 1 ih Street. Miti~ation measures to reduce potential traffic impacts at the intersection of Main Street and 17t Street to a level considered less than significant have been determined to be not feasible due to significant land use impacts associated with their implementation. To help minimize impacts at the intersection, mitigation measures T -4, T -5 and T-6 are required. Mitigation measures T5 and T6 were provided earlier. Mitigation measure T4 is provided below. T-4 Main Street, between 1 ih Street and the 1-5 ramps, shall have all on-street parking stalls and parking meters removed, and Main Street shall be restriped to provide three northbound and two southbound travel lanes. The project proponent shall pay all costs (design, construction, administration and inspection) associated with these removals and re-striping when building permits are issued. 8 Broadway & 1 ih Street. Mitigation measures to reduce potential traffic impacts at the intersection of Broadway Street and 17th Street to a level considered less than significant have been determined to be not feasible due to significant adverse land use impacts associated with their implementation. To help minimize impacts at the intersection, mitigation measure T -7, provided earlier, is required. Main Street & W ashington Avenue. Mitigation measures to reduce potential traffic impacts at the intersection of Main Street and W ashington Avenue to a level considered less than significant have been determined to be not feasible due to significant adverse land use impacts associated with their implementation. To help minimize impacts at the intersection, mitigation measure T-1 is required. T-1 The developer shall pay all costs (design, construction, administration and inspection) for Washington Avenue and 10th Street to operate as one-way streets which include signal modifications and appropriate protected left-turn signal at Main Street/Washington Avenue, Main Street/lOt Street, Washington Avenue/Sycamore Street, Broadway Street/Washington Avenue and Broadway Street/10th Street. Broadway Street & 4th Street. Mitigation measures to reduce potential traffic impacts at the intersection of Broadway Street and 4th Street to a level considered less than significant have been determined to be not feasible due to significant adverse land use impacts associated with their implementation. No mitigation is proposed. 8 1 st Street and Flower Street. Mitigation measures to reduce potential traffic impacts at the intersection of 1 st Street and Flower Street to a level considered less than significant have been Resolution No. 2004-020 Page 37 of 73 One Broadway Plaza Environmental Impact Report determined to be not feasible due to significant adverse land use impacts associated with their implementation. No mitigation is proposed. Findings and Facts in Support of Findings Santa Ana Boulevard & Flower Street. Mitigation measures to reduce potential traffic impacts at the intersection of Santa Ana Boulevard and Flower Street to a level considered less than significant have been determined to be not feasible due to significant adverse land use impacts associated with their implementation. No mitigation is proposed. Fairview Street & 1 st Street. Mitigation measures to reduce potential traffic impacts at the intersection of Fairview Street and 1 st Street to a level considered less than significant have been determined to be not feasible due to significant adverse land use impacts associated with their implementation. No mitigation is proposed. 4.1.4.4 Level of Significance of Impacts Related to Transportation and Cumulative Transportation The adverse impacts of the One Broadway Plaza project related to transportation at the following two street segments and seven intersections cannot be mitigated to below a level of significance when considering only the project impact or cumulatively when the project is considered with other ongoing and planned development: Main Street (17th Street to 1 st Street) Broadway Street ~Santa Clara Avenue to 1 st Street) Main Street & 17t Street Broadway & 17th Street Main Street & W ashington Avenue Broadway Street & 4th Street 1 st Street and Flower Street Santa Ana Boulevard & Flower Street Fairview Street & 1 st Street 4.1.5 Impacts Related to Utilities and Service Systems 4.1.5.1 Potentially Significant Adverse Impact Related to Television Reception The project will interfere with the transmission of television signals from area television stations as discussed in Section 3.10 (Utilities and Service Systems) in the EIR. 4.1.5.2 Finding Related to Television Reception Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Resolution No. 2004-020 Page 38 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 4.1.5.3 Facts in Support of the Finding Related to Television Reception For residential uses which do not have cable television, area television reception will be impacted because the project will interfere with television transmission from area television stations. It is anticipated that the proposed project win interfere with commercial and public station television signals for those living south and east of the project site because these signals are transmitted from hills in the Los Angeles northwest of the project site. This is an unavoidable adverse impact of the project because 70 percent of Santa Ana residents rely on television antennas to receive broadcast television signals. No mitigation for this impact is proposed. 4.1.5.4 Level of Significance oflmpacts Related to Television Reception The interference with television reception is an unavoidable adverse impact which cannot be mitigated below a level of significance because mitigation is not possible. 4.1.6 Impacts Related to Aesthetics 4.1.6.1 Potentially Significant Adverse Impact Related to Aesthetics As described in detail in Section 3.11 (Aesthetics) in the EIR, the One Broadway Plaza project will result in adverse impacts in the areas of land use scale and shade, and shadow impact. 8 4.1.6.2 Finding Related to Aesthetics Specific economic, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 4.1.6.3 Facts in Support of the Finding Related to Aesthetics The 37-story office tower would exceed the height, mass and scale of existing structures on and near the site. The contrast in height, mass and scale of the parking structure and tower relative to existing buildings on and near the site cannot be mitigated. The contrast would be a significant adverse visual impact on the site and sUIT0unding area. Residential uses in the areas north of Washington Avenue, east of Sycamore Street and west of Broadway Street would be considered sensitive to additional amounts of shade because of the use of the outdoor areas at these residences. Loss of sunlight would affect these uses during winter and summer mornings and evenings. These areas will receive a half hour more of shade as the shadow cast by the project office building and parking garage moves as the sun moves in the sky. During the winter and summer months, this additional shading would be a significant adverse impact which cannot be mitigated. 8 Resolution No. 2004-020 Page 39 of 73 One Broadway Plaza Environmental Impact Report 4.1.6.4 Level of Significance of Impacts Related to Aesthetics Findings and Facts in Support of Findings The land use scale and shadow impact of the One Broadway Plaza cannot be mitigated to below a level of significance because mitigation is not possible. 4.1.7 Impacts Related to Cultural and Historic Resources 4.1.7.1 Potentially Significant Adverse Impact Related to Cultural and Historic Resources As described in detail in Section 3.12 (Cultural Resources) in the EIR, the proposed One Broadway Plaza project will result in adverse impacts due to the relocation or demolition of two historic homes on Broadway Street which are listed in the City of Santa Ana Register of Historic Property. 4.1.7.2 Finding Related to Cultural and Historic Resources Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.1.7.3 Facts in Support of the Finding Related to Cultural and Historic Resources The Yale Apartments (1009 North Broadway Street) and the Twist-Basler House (1015 North Broadway Street) were determined to meet the designation criteria in Section 30-2 of the Santa Ana Municipal Code and were placed on the City of Santa Ana Register of Historic Property in December 1998. Implementation of mitigation measures CR-1, CR-2 and CR-9, below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to cultural and historic resources. However, these measures will not reduce this significant adverse impact of the project to below a level of significance. CR-1 Relocation of Historic Resources at 1007-1009 North Broadway (Yale Apartments). The historical resources proposed for demolition as part of the proposed One Broadway Plaza project should be made available for relocation as follows: A. The availability of the Yale Apartments for relocation shall be noticed by posting a sign at a location that is visible from the public right-of-way and by advertising in at least one newspaper with a local circulation. These forms of notification shall persist at least 14 days; B. The buildings shall be made available free of charge for at least 60 days; C. Plans for the relocation of the buildings shall be submitted to and evaluated by the City Council; C. If the City of Santa Ana Planning Commission approves the relocation plan, the applicant has 30 days to remove the building(s) from the project site. Ifthe building(s) Resolution No. 2004-020 Page 40 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 are not removed at the end of the 30 days, they may be demolished after they have been documented, as required in measure CR-2; and E. The length of this process shall endure for no more than 240 days from the date a demolition application is submitted. CR-2 Recordation of Historic Resources for 1007-1009 North Broadway (Yale Apartments). Although the demolition of an historical resource cannot be mitigated to below a level of significance, the following actions are important for documenting their loss for posterity. In the event the Yale Apartments are not relocated, they shall be documented, prior to the issuance of a demolition permit, in a report consistent with Historic American Buildings Survey (HABS) standards. That report shall document the significance and physical condition ofthe buildings proposed for demolition, both historic and current, photographs, written data and text. The report and historic survey must be completed by a person technically trained in the HABS methods. This documentation shall include: A. A brief written historic and descriptive report in narrative format, including an architectural data form; B. A site plan on 8" x II" paper shows the location of the building. This site plan shall include a photo-key. The site plan will include appropriate measurements; 8 C. A sketch floor plan on 8" x II" paper shall accompany each architectural data form; D. Large format (4" x 5" or larger negative size) photographs in accordance with the HABS guidelines. Views shall include several contextual views, all exterior elevations, detailed views of significant exterior architectural features and interior views of significant historical architectural features or spaces (if any). All photographs will be black and white, will include captions and will be listed in a separate index; E. Field photographs (35mm) based on the HABS guidelines. Views as detailed in large format photographs. All photographs will be black and white, will include captions and will be listed in a separate index; F. The report shall include copies or prints of any available original plans and historic photographs; G. Archivally stable reproductions of any available significant historic construction drawings and photographs; and H. Archival copies of the documentation shall be submitted to the City of Santa Ana. 8 I. In addition to the documentation identified above, the documentation shall include Resolution No. 2004-020 Page 41 of 73 One Broadway Plaza Environmental Impact Report . Elevations of all sides of the buildings on minimum 19" x 24" mylar and waterproof ink, copied and reduced to 8.5" x 11" on archival bond. Findings and Facts in Support of Findings . Floor plan with measurements. . Site plan should also include measurements. . Photographically must include a separate index and captions and all photos should be black and white. 1. All survey information must be performed by a person technically trained in HABS methods. CR-9 Relocation for Resources listed on the City of Santa Ana Register of Historical Property at 1015 North Broadway (Twist-Basler House). The developer shall relocate the structure located at 1015 North Broadway to a City approved location. Further, the structure shall be placed on a permanent foundation, have all utility services connected/operational and be rehabilitated to City standards. 4.1.7.4 Level of Significance of Impacts Related to Cultural and Historic Resources The adverse impacts of the project related to the removal of three historic structures and the changes to the setting of the historic structures cannot be mitigated to below a level of significance. Therefore, the One Broadway Plaza project will result in significant adverse impacts on historical resources that cannot be mitigated to below a level of significance. 4.2 POTENTIALLY SIGNIFICANT ADVERSE IMP ACTS OF THE ONE BROADWAY PLAZA PROJECT WHICH CAN BE MITGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the One Broadway Plaza project which can be mitigated to below a level of significance are described in this Section. The City of Santa Ana City Council finds that these potentially significant adverse impacts of the project would be mitigated to below a level of significance, after implementation of the noted mitigation measures. 4.2.1 IMP ACTS RELATED TO TOPOGRAPHY, GEOLOGY AND SOILS 4.2.1.1 Potentially Significant Adverse Impacts Related to Topography. Geology and Soils As described in detail in Section 3.2 (Topography, Geology and Soils) in the EIR, the One Broadway Plaza project will impact existing topography and soils on the project site. Resolution No. 2004-020 Page 42 of 73 8 8 e One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 4.2.1.2 Findings Related to Topographv, Geology and Soils Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.1.3 Facts in Support of the Findings Related to Topography and Soils Implementation of mitigation measures G-1 and G-2, provided below, win substantially lessen the adverse impacts of the One Broadway Plaza project related to topography and soils, and will reduce these potentially significant adverse impacts to below a level of significance. G-1 The design for the project will comply with all provisions of the Preliminary Geotechnical Feasibility Investigation performed by Zeiser Kling Consultants and their Addendum Recommendations, including recommendations for grading, removal and recompaction of soils, foundations, settlement, pile foundations, design criteria, seismic design, retaining walls, ferrous corrosion, surface drainage, pavement design, concrete hardscape, soldier pile/logging system and supplemental investigations. G-2 Prior to acquiring a grading permit for project construction, the developer will prepare a Final Geology and Soils Report, to specifically assess the following: 1. The shrink-swell potential of potentially expansive soils on the site; specifically addressing appropriate recommendations for soil treatments, grading procedures and/or foundation designs, as appropriate, for the planned land use on the site. 11. The potential for compressible soils on the site; specifically addressing appropriate recommendations for soil treatments, grading procedures and/or foundation designs, as appropriate, for the planned land use on the site. The recommendations from the Final Geology and Soils Report will be incorporated into the grading plan for the project. 4.2.1.4 Level of Significance of Impact Related to Topography and Soils The adverse impacts of the One Broadway Plaza project related to topography and soils will be mitigated to below a level of significance. 4.2.2.1 Potentially Significant Adverse Impact Related to Fugitive Dust As described in detail in Section 3.2 (Topography, Geology and Soils) in the EIR, construction of the One Broadway Plaza project will create dust. Resolution No. 2004-020 Page 43 of 73 One Broadway Plaza Environmental Impact Report 4.2.2.2 Findings Related to Fugitive Dust Findings and Facts in Support of Findings Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.2.3 Facts in Support ofthe Finding Related to Fugitive Dust Implementation of mitigation measure G-3, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to fugitive dust, and will reduce these potentially significant adverse impacts to below a level of significance. G-3 Prior to obtaining a grading permit for project construction, the Final Geology and Soils Report will specifically assess grading control with special emphasis on controlling fugitive dust which could be generated during site preparation, grading and construction. The reports will specifically provide for establishing procedures for dust control and monitoring so that unacceptable levels of dust do not escape from the site. These dust control measures will be coordinated with the dust control measures described in Section 3.4 (Air Quality). The standards and procedures developed in the reports will be incorporated into the grading plan to be followed by the project developer. 4.2.3.1 Potentially Significant Adverse Impact Related to Seismicity As described in detail in Section 3.2 (Topography, Geology and Soils) in the EIR, construction the One Broadway Plaza project will be subject to future seismic activity. 4.2.3.2 Findings Related to Seismicity Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.3.3 Facts in Support of the Finding Related to Seismicity Implementation of mitigation measure G-4, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to seismicity, and will reduce these potentially significant adverse impacts to below a level of significance. G-4 All structures to be erected on the One Broadway Plaza site will be designed in accordance with the seismic design provisions in the Final Geology and Soils Report and ofthe Unifonn Building Code to promote safety in the event of such an earthquake. 4.2.4.1 Potentially Significant Adverse Impact Related to Groundwater Resolution No. 2004-020 Page 44 of 73 8 8 e One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings As described in detail in Section 3.2 (Topography, Geology and Soils) in the EIR, foundation piles could introduce contaminants such as drilling oil or construction materials into the Orange County Groundwater Basin. 4.2.4.2 Findings Related to Groundwater Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.4.3 Facts in Support of the Finding Related to Groundwater Implementation of mitigation measure G-5, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to groundwater, and will reduce these potentially significant adverse impacts to below a level of significance. G-5 During final design, the developer will consult with the Orange County Water District and the Regional Water Quality Control Board, Santa Ana, regarding intrusion of foundation piles into the Orange County Groundwater Basin. The project applicant will solicit the appropriate permits and approvals from the OCWD and the RWQCB for the anticipated intrusion of the foundation piles into the Groundwater Basin and will incorporate measures identified by those agencies in the final design and construction specifications for the proj ect. 4.2.2 IMPACTS RELATED TO HYDROLOGY AND WATER QUALITY 4.2.5.1 Potentially Significant Adverse Impacts Related to Hydrology and Water Ouality As described in detail in Section 3.3 (Hydrology and Water Quality) in the EIR, construction of the project may generate surface runoff with pollutants that could impact area receiving waters. 4.2.5.2 Findings Related to Hydrology and Water Quality Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.5.3 Facts in Support of the Finding Related to Hydrology and Water Ouality Implementation of mitigation measures W-1 to W-6, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to construction related activities which may generate surface runoff with pollutants, and will reduce these potentially significant adverse impacts to below a level of significance. W-1 Prior to the issuance of a grading permit for the project: Resolution No. 2004-020 Page 45 of 73 One Broadway Plaza Environmental Impact Report The developer will prepare and submit a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB). W-2 W-3 W-4 Findings and Facts in Support of Findings The developer will submit the NOI and the project Water Discharge Identification Number (WDIN) to the City of Santa Ana City Engineer. - The developer will prepare a Stormwater Pollution Prevention Plan (SWPPP) and will submit the SWPPP to the City Engineer for review and comment. The developer will maintain the SWPPP on the construction site throughout the construction period. During all site preparation, grading and construction, the project contractors will comply with all applicable requirements of the NPDES permit, the Drainage Area Management Plan (DAMP) and the City's Local hnplementation Plan (LIP). The project contractors will incorporate Best Management Practices (BMPs) from the DAMP and LIP and will During all site preparation, grading and construction, the construction contractors will be responsible for implementing the SWPPP provisions. The SWRCB is responsible for monitoring and enforcing the provisions of the SWPPP. In addition, the City Engineer will monitor and enforce these provisions during all site preparation, grading and construction, as appropriate, to ensure the SWPPP is properly implemented. Prior to the issuance of grading permits, the Project Developer shall provide for the review and approval of the Director of Public Works a Water Quality Management Plan (WQMP) prepared for the project consistent with the Orange County Drainage Area Management Plan. The WQMP shall contain provisions and BMPs for both construction and operating conditions. Refer also to mitigation measure G-5, above, in Section 3.2 (Topography, Geology and Soils) which addresses mitigation for potential adverse impacts on groundwater related to the foundation piles for the project structures. 4.2.6.1 Potentially Significant Adverse Impacts Related to Hydrology and Water Quality As described in detail in Section 3.3 (Hydrology and Water Quality) in the EIR, operation of the project may create runoff water containing pollutants that could impact area receiving waters. 4.2.6.2 Findings Related to Hydrology and Water Quality Changes or alterations have been required in, or incorporated into, the proposed One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.6.3 Facts in Support of the Finding Related to Hydrologv and Water Quality Implementation of mitigation measures W-5 to W-8, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to operational activities which Resolution No. 2004-020 Page 46 of 73 8 8 e One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings may generate surface runoff with pollutants, and will reduce these potentially significant adverse impacts to below a level of significance. W-5 Prior to the issuance of grading permits, the Project Developer shall submit a final drainage plan for the proposed One Broadway Plaza project for review and approval by the City Engineer. W-6 Prior to the issuance of the first building permit, the Project Developer shall pay the City's drainage impact fee. W-7 During operation of the proposed project, the Project Owner/Operator shall ensure that all pest control, herbicide, insecticide and other similar substances used as part of maintenance of project features are handled, stored, applied and disposed consistent with all applicable federal, state and local regulations. The City Engineer shall monitor and enforce this provIsIon. W-8 Prior to the issuance of grading permits, the City Engineer shall verify that structural BMPs have been permanently incorporated into project plans by the applicant. Such BMPs shall ensure that pollutants from project-related storm water are mitigated consistent with applicable state and local standards. 4.2.3 IMPACTS RELATED TO AIR QUALITY 4.2.3.1 Potentially Significant Adverse Impacts Related to Short Term Air Ouality As described in detail in Section 3.3 (Air Quality) in the EIR, the project will result in short term construction related air quality impacts. 4.2.3.2 Findings Related to Short Term Air Ouality Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.3.3 Facts in Support of the Finding Related to Short Term Air Ouality Impacts Implementation of mitigation measures AQ-1 to AQ-15, provided earlier, will substantially lessen the adverse impacts of the One Broadway Plaza project related to short term air quality and will reduce these potentially significant adverse impacts to below a level of significance, except for short term to NOx and PMlO, as described earlier. 4.2.3.1 Potentially Significant Adverse Impacts Related to Long Term Air Ouality Impacts As described in detail in Section 3.4 (Air Quality) in the EIR, long term operation of the project would generate air quality pollutants. Resolution No. 2004-020 Page 47 of 73 One Broadway Plaza Environmental Impact Report 4.2.3.2 Findings Related to Long Term Air Quality Impacts Findings and Facts in Support of Findings Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.3.3 Facts in Support ofthe Finding Related to Long Term Air Quality Impacts Implementation of mitigation measures AQ-16 to AQ-32, provided above, will substantially lessen the adverse impacts ofthe One Broadway Plaza project related to long term air quality and will reduce these potentially significant adverse impacts to below a level of significance, except for to NOx, as described earlier. 4.2.4 IMPACTS RELATED TO SURFACE TRANSPORTATION 4.2.4.1 Potentially Significant Adverse Impacts Related to Surface Transportation As described in detail in Section 3.5 (Transportation) in the EIR, the project may impact surface transportation routes adjacent to or in the vicinity ofthe project site. In addition, the project may impact surface transportation routes in the Willard, French Court and French Park neighborhoods. 4.2.4.2 Findings Related to Surface Transportation Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.4.3 Facts in Support of the Finding Related to Surface Transportation Impacts Implementation of mitigation measures T -1 to T -17 will substantially lessen the adverse impacts of the One Broadway Plaza project related to surface transportation, and will reduce many of these potentially significant adverse impacts to below a level of significance. Some traffic impacts are still significant after mitigation, as described earlier. Measures T-1, T-4, T-5, T-6 and T-7 were provided earlier. The remaining traffic measures are provided below. T-2 The project proponent shall pay for all costs for the installation of a roundabout at the intersection of Sycamore Street and 10th Street. T -3 The project proponent shall pay all costs to install pedestrian crosswalks and a refuge area at the intersection of Sycamore Street and 10th Street where a roundabout is to be constructed. The proj ect developer shall be required to pay all costs (design, construction, administration and inspection) for these mitigation measures, as they are part of the roundabout as stated in T -2. Resolution No. 2004-020 Page 48 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 T-8 T-9 T-10 T-ll T-12 8 T-13 T-14 T-15 8 T-16 Westbound Santa Clara Avenue shall be re-striped at Broadway Street to provide one left turn lane and one shared left turn/right turn lane. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this re-striping when project building permits are issued. Northbound Grand Avenue from Fruit Street to 14th Street shall be re-striped at Santa Ana Boulevard/I-5 ROV ramps to provide three northbound travel lanes. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this re-striping when project building permits are issued. 1-5 northbound off-ramp shall be re-striped to provide a westbound left turn lane, a shared left turn/right turn lane and a right turn lane at Grand Avenue. The project developer shall pay all costs (design, permitting, construction, administration and inspection) when building permits are issued. A new traffic signal shall be installed at the intersection of Main Street and 15th Street. Communications cable and conduit required to connect the traffic signal to the City of Santa Ana's Traffic Signal Master System shall be a part of traffic signal installation. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this signalization when project building permits are issued. A new traffic signal shall be installed at the intersection of Santa Ana Boulevard and French Street. Communications cable and conduit required to connect the traffic signal to the City of Santa Ana's Traffic Signal Master System shall be a part of traffic signal installation. The proj ect proponent shall pay all costs (design, construction, administration and inspection) associated with this signalization when building permits are issued. A new traffic signal shall be installed at the intersection of Sycamore Street and 15th Street. Communications cable and conduit required to connect the traffic signal to the City of Santa Ana's Traffic Signal Master System shall be a part of traffic signal installation. The project proponent shall pay all costs (design, construction, administration and inspection) associated with this signalization when building permits are issued. The project proponent shall pay the appropriate City Transportation System hnprovement fee to help offset the One Broadway Plaza Projects' impact on the City of Santa Ana street system. The developer should coordinate with the Orange County Transportation Authority (OCTA) to identify ways to enhance transit use by tenants of One Broadway Plaza. The project developer shall install a bus stop, bus transit or any other transit related improvements if requested by the OCT A. The project proponent shall satisfy the relevant requirements of the City's TDM Ordinance, including conformity of site plans with facility standards specified in the TDM Ordinance, Resolution No. 2004-020 Page 49 of 73 One Broadway Plaza Environmental Impact Report and submission and implementation of a TDM strategy plan and program. T-17 T-24 Findings and Facts in Support of Findings The project developer shall contribute to neighborhood traffic studies for the six neighborhoods evaluated in Section 3.5-8 (including before and after traffic counts) in order to assess any intrusion of project traffic into these neighborhoods. If traffic intrusion attributable to the project is identified, corrective measures will be identified. Depending on the potential impacts, examples of corrective measures could include; forced-turn channelization, semi-diverters, diagonal diverters and cul-de-sacs. If approved by the neighborhoods per the City's procedures for Neighborhood Traffic Plans, corrective measures will be implemented at a maximum cost to the developer of $200,000 per neighborhood. The funds to implement the improvements are directly payable to the City of Santa Ana prior to issuance of building permits. In order to minimize traffic from the One Broadway Plaza project from entering the French Park Neighborhood, the traffic diverters currently located in French Park shall become permanent (Added by the Planning Commission on February 23,2004). T-25 Vehicles traveling westbound on Washington Avenue shall be diverted either northbound or southbound at Main Street (Added by the Planning Commission on February 23, 2004). T-26 4.2.5 Vehicles traveling eastbound on Tenth Street shall be diverted either northbound or southbound at Main Street (Added by the Planning Commission on February 23, 2004). IMPACTS RELATED TO PARKING 4.2.5.1 Potentially Significant Adverse Impacts Related to Parking As described in detail in Section 3.5 (Transportation) in the EIR, unsafe sight distances may be created by the project. The proposed projects could result in adverse off site parking impacts. 4.2.5.2 Findings Related to Parking Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.5.3 Facts in Support of the Finding Related to Parking Impacts Implementation of mitigation measures T-18 and T-19, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to parking, and will reduce these potentially significant adverse impacts to below a level of significance. T-18 The project parking garage entrances/exits shall be designed to meet City sight distance standards. A new landscaped median shall be constructed at the intersection of Broadway and the parking structure egress to restrict left turn movements of vehicles exiting on Resolution No. 2004-020 Page 50 of 73 8 8 8 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings Broadway subject to the review and approval of the City Engineer. The project proponent shall pay all costs associated with this median prior to building permits being issued. T-19 To assure use of onsite parking as intended, the project CC&Rs will require that all commercial tenant leases specify that employees must park onsite within the One Broadway Plaza parking garage. In addition, the property manager will require that parking personnel patrol adjoining properties on a daily basis to enforce such lease provisions. This daily patrol will be performed by a uniformed parking employee driving a utility vehicle that will be signed to identify it as a part of the One Broadway Plaza Management. The areas to be patrolled will be marked on a grid map of the streets surrounding One Broadway Plaza. 4.2.6 IMPACTS RELATED TO PEDISTRIAN ACCESS 4.2.6.1 Potentially Significant Adverse Impacts Related to Pedestrian Access As described in detail in Section 3.5 (Transportation) in the EIR, the project may adversely impact pedestrian access in the vicinity of the project site during project construction. 4.2.6.2 Findings Related to Pedestrian Access Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.6.3 Facts in Support of the Finding Related to Pedestrian Access Impacts Implementation of mitigation measures T-20, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to parking, and will reduce these potentially significant adverse impacts to below a level of significance. T-20 The project developer shall provide pedestrian access around the project site during project construction activities and post appropriate signs around the site directing pedestrians to use the sidewalks across the street from the project site. Permanent sidewalks shall be installed around the project site to provide for pedestrians access to the site. 4.2.7 IMP ACTS RELATED TO AIR TRANSPORT A nON 4.2.7.1 Potentially Significant Adverse Impacts Related to Air Transportation As described in detail in Section 3.5 (Transportation) in the EIR, the project office building may interfere with flights into John Wayne Airport (JW A) and other area airports. In addition, the helipad on the office building may interfere with flights into JW A and other area airports. Resolution No. 2004-020 Page 51 of73 One Broadway Plaza Environmental Impact Report 4.2.7.2 Findings Related to Air Transportation Impacts Findings and Facts in Support of Findings Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.7.3 Facts in Support of the Finding Related to Air Transportation Impacts Implementation of mitigation measures T-21 to T-23, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to air transportation and will reduce these potentially significant adverse impacts to below a level of significance. T-21 Prior to approval of the project plans, the project proponent will file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA). Conditions placed on the project by the FAA will be incorporated in the final design and construction of the project office tower. T-22 Prior to approval of the project plans, the project proponent shall take the project to the Orange County Airport Land Use Commission for a review and consistency determination. T-23 After certification of the project Final EIR, the project proponent shall apply to the Caltrans Aeronautics Department for a State Heliport Permit. 4.2.8 IMPACTS RELATED TO HAZARDOUS MATERIALS 4.2.8.1 Potentially Significant Adverse Impacts Related to Hazardous Materials As described in detail in Section 3.6 (Hazardous Materials) in the EIR, demolition activities could release asbestos containing building materials and lead based paint into the atmosphere. In addition, hazardous materials may be used in the construction and operation ofthe project. 4.2.8.2 Findings Related to Hazardous Materials Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.8.3 Facts in Support of the Finding Related to Hazardous Materials Impacts Implementation of mitigation measures HZ-1 to HZ-3, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to hazardous materials, and will reduce these potentially significant adverse impacts to below a level of significance. HZ-1 The City shall require the site demolition and remodeling contractors to conduct a building by building inspection for the presence of asbestos-containing materials prior to the issuance of demolition permits for the site. The demolition contractor may submit Resolution No. 2004-020 Page 52 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 copies of asbestos inspection reports for the site already prepared to satisfy SCAQMD Rule 1403 to fulfill this requirement. HZ-2 The City shall require the site demolition and remodeling contractors to conduct a building by building inspection for the presence of lead-based paint prior to the issuance of demolition permits for the site. Building inspection reports already prepared by the contractor to satisfy Cal-OSHA worker safety requirements may be submitted to fulfill this mitigation measure. HZ-3 Any use of hazardous materials or generation of hazardous wastes on the proposed project site must be conducted in accordance with applicable federal, state and local regulations. 4.2.9 IMPACTS RELATED TO NOISE 4.2.9.1 Potentially Significant Adverse Impacts Related to Noise As described in detail in Section 3.7 (Noise) in the EIR, construction of the project may generate noise that would impact existing land uses on and adjacent to the project site. In addition, exterior noise from area land uses and street traffic will impact the project site. 4.2.9.2 Findings Related to Noise Impacts 8 Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.9.3 Facts in Support of the Finding Related to Noise Impacts Implementation of mitigation measures N-1 to N-3, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to construction and operations noise and will reduce these potentially significant adverse impacts to below a level of significance. N-1 Project construction shall be limited to the hours of 7 a.m. to 8 p.m. on Monday through Friday and from 8 a.m. to 8 p.m. on Saturday. . Construction shall not be allowed on Sunday or federal holidays (Added by the Planning Commission on February 23, 2004). N-2 Temporary noise barriers shall be installed between the project construction area and adjacent residents. These noise barriers may include the use of leaded blankets, an acoustic blanket or several layers of plywood. "Bravo" acoustic blankets may also be used. Barriers should be 16 to 20 feet high. N-3 The commercial buildings in the project will require mechanical ventilation to keep outside noise from entering the interior of these buildings. The central ventilation systems for the buildings shall allow for sufficient ventilation so that office windows can be closed. Air conditioning units may be adequate for mechanical ventilation as long as 8 Resolution No. 2004-020 Page 53 of 73 One Broadway Plaza Environmental Impact Report they meet the ventilation requirements of the UBC. This shall be coordinated with the project's mechanical engineer. N-4. Findings and Facts in Support of Findings Prior to any site preparation, grading or construction, the project contractor will provide the Principals at the Orange County High School of the Arts and the EI Sol Arts and Science Academy with the project construction schedule indicating the type of construction activity and duration. The project construction schedule shall address all construction activity from the start of the project to completion. 4.2.10 IMPACTS RELATED TO PUBLIC SERVICES 4.2.10.1 Potentially Significant Adverse Impacts Related to Public Services As described in detail in Section 3.9 (Public Services) in the EIR, implementation of the project would increase the demand for police protection services and fire and emergency medical services. In addition, the project will generate additional students who would attend schools in the SAUSD. These schools are already overcrowded. School children walking by the project site could wander onto the site and be injured while the project is under construction. 4.2.10.2 Findings Related to Public Services Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.10.3 Facts in Support of the Finding Related to Public Services Impacts Implementation of mitigation measures PS-1 to PS-12, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to public services, and will reduce these potentially significant adverse impacts to below a level of significance. PS-1 PS-2 PS-3 The design of the project parking structure shall conform to the City of Santa Ana Police Department's design standards for parking structures. The design of the project shall include on-site office spaces for the SAPD which will be shared with anyon-site security staff. Two designated parking spaces will be provided for the SAPD near the main entrance of the proposed One Broadway Plaza project. Prior to issuance of building permits, the project developer shall submit a construction phasing plan for the proposed project to the SAFD. The plan will be consistent with SAFD Fire Code requirements. Also, the project developer shall provide evidence to the SAFD that the proposed fire protection services will be adequate to serve the proposed project development. A fire exit shall be provided in the office building along with adequate fire protection facilities and equipment to serve the proposed 37-story office building. Resolution No. 2004-020 Page 54 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 PS-4 Prior to issuance of building permits, the project developer shall submit a construction phasing plan for the project to the SAFD. This plan will show that emergency vehicle access to the proj ect site is adequate. Emergency access will be provided on Washington Avenue and Sycamore Street. PS-5 The final design of the project shall include fire sprinklers in the office building and parking garage at locations specified by the SAFD. The project shall also conform to all applicable SAFD fire protection and access requirements. PS-6 The final design of the project shall include fire hydrants at locations specified by the SAFD. PS-7 The project developer shall notify the SAFD and SAPD when the office building heliport is operational. PS-8 The proj ect developer shall contribute a fair share amount to have an emergency vehicle preemption detector placed on the existing traffic signal arm at the intersection of Broadway Street and 10th Street, Broadway Street and W ashington Avenue and W ashington Avenue and Sycamore Street. These detectors shall also be placed on any other traffic signal and modified as part of this project. 8 PS-9 The project developer shall incorporate a repeater in the design of the project to prevent interference with Police and Fire Department radio signals. PS-lO Prior to the issuance of building permits, the proj ect developer shall submit evidence to the City of Santa Ana of a fee payment between the developer and the SAUSD to offset school facility related impacts. PS-11 The project site and sidewalks adjacent to the site shall be properly barricaded to prevent unauthorized access to the site during project construction activities (Added by the Planning Commission on June 14,2004). PS-12 The Principals at Willard Intermediate School, the Orange County High School of Arts, El Sol Science and Arts Academy and Davis Elementary School shall be notified by the project developer before project construction begins that students may be required to use sidewalks on the opposite sides of streets to avoid project construction activities and closure of the sidewalks adjacent to the project site (Added by the Planning Commission on June 14,2004). PS-13 The project developer shall submit to the Santa Ana Unified School District a School Access Plan that provides for the safe passage of students to and from Willard Intermediate School and the Orange County High School of the Arts. The plan shall be subject to approval by the Santa Ana Unified School District before construction activities are initiated. The School Access Plan shall include, but not be limited to: 8 Resolution No. 2004-020 Page 55 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . The closure of the sidewalks on Washington Avenue, Tenth Street, Sycamore Street and Broadway adjacent to the project site. Appropriate signs shall be posted that the sidewalks are closed and pedestrians are directed to use sidewalks on the opposite sides of the streets. . Barricading the perimeter of the project site with temporary fencing to secure construction equipment, minimizing trespassing, vandalism and short-cut attractions, and to reduce hazards to students during project demolition activities. . The posting of a flag person at the entrance(s) to the project site to protect pedestrians from conflicts with heavy equipment and haul trucks entering or leaving the project site during the times of school arrivals and departures. . The funding of crossing guards at the intersection of W ashington Avenue and Broadway, Washington Avenue and Sycamore Street, Tenth and Sycamore Streets and Tenth Street and Broadway. Crossing guards shall be provided during the times of school arrivals and departures when the schools are in session Monday through Friday. If determined to be necessary by the principal of the Orange County High School of the Arts (OCHSA), provide crossing guards at the intersection of Sycamore and Tenth Streets when special daytime performances are held at the OCHSA auditorium. . Provide sufficient written notice of commencement and completion of project construction activities to the principals of Willard Intermediate School and the Orange County High School of the Arts. . Provide the name and telephone number of a contact person who is knowledgeable about the project for the developer and construction contractor for use by the principals of Willard Intermediate School and the Orange County High School of the Arts (Added by the Planning Commission on June 14,2004). 4.2.11 IMPACTS RELATED TO UTILITIES AND SERVICES SYSTEMS 4.2.11.1 Potentially Significant Adverse Impacts Related to Utilities and Service Systems As described in detail in Section 3.10 (Utilities and Services Systems) in the EIR, implementation of the project will increase the demand for electricity, natural gas, cable television, telephone and solid waste services. The project will create a need for more water and will generate an additional amount of wastewater. In addition, runoff from the site could impact the existing area storm drain system. The project will require the abandonment of a water and sewer line in ~art of Sycamore Street and installation of replacement lines in Washington Avenue and lOt Street. Resolution No. 2004-020 Page 56 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 4.2.11.2 Findings Related to Utilities and Service Systems Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.11.3 Facts in Support of the Finding Related to Utilities and Service Systems Impacts Implementation of mitigation measures U-1 to PS-10, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to utilities and service systems, and will reduce these potentially significant adverse impacts to below a level of significance. U-1 U-2 U-3 8 U-4 U-5 U-6 U-7 8 The project developer shall coordinate with SCE prior to construction to determine the exact location of all underground and overhead electrical facilities or taking action which could damage such facilities or interfere with their operations. The Contractor shall protect all electric facilities and associated structures to be left on the project site from damage. All new electrical lines shall be placed underground as required by the City of Santa Ana. The project developer shall coordinate with SCGC prior to construction to determine the exact location of all underground natural gas facilities and take action to prevent damage to these facilities or interference with their operations. The Contractor shall protect all natural gas pipelines and associated structures to be left on the project site from damage. The project developer shall coordinate with Adelphia (formerly ComCast) prior to construction to determine the exact location of all underground cable facilities or taking action which could damage such facilities or interfere with their operations. The Contractor shall protect all existing cable lines and associated structures to be left on the project site from damage. The project developer shall coordinate with Pacific Bell prior to construction to determine the exact location of all underground telephone facilities or taking action which could damage such facilities or interfere with their operations. The Contractor shall protect all existing telephone lines and associated structures to be left on the project site from damage. Prior to issuance of grading permits, the project developer shall demonstrate to the City of Santa Ana that construction-related waste generated on site would be recycled wherever feasible as the first choice of disposal method, leaving the option of landfill disposal as a last alternative. The proposed commercial use shall incorporate facilities for collection and pick-up of recyclable materials into the design of the project office building. The project developer shall coordinate with City staff to develop appropriate recycling programs for this project. The project developer shall coordinate with the Santa Ana Water Utility prior to construction to determine the exact location of all existing underground water facilities and take action to prevent damage to these facilities to be left on the project site or interference Resolution No. 2004-020 Page 57 of 73 One Broadway Plaza Environmental Impact Report with their operations. The project developer shall also pay their fair share amount for the necessary facilities to accommodate project-related water supplies. Findings and Facts in Support of Findings V-8 The project developer shall coordinate with CSDOC and the City of Santa Ana Public Works Department prior to construction to determine the exact location of all underground sewer facilities and take action to prevent damage to these facilities or interference with their operations. The Contractor shall protect all sewer lines and associated structures that will be left on the project site from damage. V-9 The project developer shall pay their fair share amount, as determined by the City of Santa Ana, to construct the proposed storm drain system serving the project site to Broadway Street in accordance with the City's Master Plan of Drainage. V-10 The project developer shall pay all costs for the construction of a new 8-inch waterline and a 6-inch sewer to be constructed within W ashington Avenue and 10th Street to replace these lines abandoned in a portion of Sycamore Street. 4.2.12 IMPACTS RELATED TO AESTHETICS 4.2.12.1 Potentially Significant Adverse Impacts Related to Aesthetics As described in detail in Section 3.11 (Aesthetics) in the EIR, the project will create an additional amount of light that could impact adjacent land uses. 4.2.12.2 Findings Related to Aesthetics hnpacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.12.3 Facts in Support of the Finding Related to Aesthetics Impacts Implementation of mitigation measure AS-I, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to light and glare, and will reduce these potentially significant adverse impacts to below a level of significance. AS-1 The project proponent will ensure that all outdoor lighting and fixtures, including lighting for construction, are shielded or designed and located to minimize nighttime light spillage onto adjacent uses. Outdoor fixtures will be designed to generate less than 0.25-foot candle power of light where possible, and will direct lighting towards the interior of the project site. Resolution No. 2004-020 Page 58 of 73 8 8 8 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 4.2.13 IMPACTS RELATED TO HISTORIC RESOURCES 4.2.13.1 Potentially Significant Impacts Related to Historic Resources As described in detail in Section 3.11 (Cultural Resources) in the Draft EIR, the proposed proj ect will result in the rehabilitation of the National Register eligible structure at 1103 North Broadway Street for use as office space. In addition, the proposed project will result in the renovation of structures at 1103, 1115-1117, 1205 and 1211 North Broadway, which are listed on the City's Register of Historical Property, for use as office space. 4.2.13.2 Findings Related to Historic Resources Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.13.3 Facts in Support of the Finding Related to Historic Resources Impacts Implementation of mitigation measures CR-3 and CR-4, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to historic structures, and will reduce these potentially significant adverse impacts to below a level of significance. CR-3 Rehabilitation for National and California Register Eligible Resource at 1103 North Broadway Street (McNeill-Basler House). The One Broadway Plaza project proposes the rehabilitation of the McNeill-Basler House conform to the Secretary of the Interior's Standards for Rehabilitation (United States Department of the Interior, National Park Service 1995). The rehabilitation is for use as commercial space. Any rehabilitation must conform with the Secretary of the Interior's Standards for Rehabilitation (United States Department of Interior National Park Service 1995). The following actions ensure compliance with the required Standards of Rehabilitation for proposed modifications to the structure at 1103 North Broadway: A. The rehabilitation of the structure at 1103 North Broadway Street shall conform with the Secretary of the Interior's Standards for Rehabilitation (United States Department of the Interior, National Park Service 1995); B. Detailed plans of the rehabilitation ofthe McNeill-Basler House shall be submitted to the City of Santa Ana for review and approval, prior to any changes to this structure. The City shall have a qualified architectural historian review and approve the plans and monitor the rehabilitation program, for consistency with the Standards for Rehabilitation; and Resolution No. 2004-020 Page 59 of 73 One Broadway Plaza Environmental Impact Report C. The City of Santa Ana will document the rehabilitation program by establishing a monitoring program and certification that the building is rehabilitated in accordance with the Secretary's Standards shall occur prior to issuance of a building permit. Findings and Facts in Support of Findings CR-4 Rehabilitation for Resources Listed on the City of Santa Ana Register of Historical Property at 1103 North Broadway Street (McNeill-Basler House), 1109 North Broadway (Koenig House), 1115-1117 North Broadway (Macintosh Apartments), and 1211 North Broadway (Kelley House) shall be rehabilitated in their present locations. The One Broadway Plaza project proposes the rehabilitation of the structures at 1103, 1109, 1115-1117 and 1211 North Broadway Street for use as office space. These properties are all listed on the City of Santa Ana Register of Historical Property. Prior to any rehabilitation or modifications to the exteriors of these structures, other than painting, the project applicant must conform with the requirements of Ordinance No. NS-2338 (An Ordinance of the City Council of the City of Santa Ana Amending Chapter 30 of the Santa Ana Municipal Code Regarding Places of Historical and Architectural Significance). Mitigation measure CR-3, above, requires compliance with the Secretary of the Interior's Standards for Rehabilitation for the proposed modifications to and rehabilitation of the structure at 1103 North Broadway Street. This satisfies the intent of Ordinance No. NS- 2338 for this structure. For the remaining structures listed above, the following apply: A. Plans for modifications or rehabilitation to the exteriors of these structures must be approved by the Planning Commission prior to any changes to these structures. It is recommended that the Secretary's Standards for Rehabilitation be used to avoid any adverse effects to these recognized local historical resources; and B. The City of Santa Ana will document the rehabilitation program by establishing a monitoring program of the work, and shall require review and approval of the plans by a qualified architectural historian, and certification that the plans follow the design standards adopted by the City. 4.2.14 IMPACTS RELATED TO ARCHEOLOGICAL RESOURCES 4.2.14.1 Potentially Significant Adverse Impacts Related to Archaeological Resources As described in detail in Section 3.11 (Cultural Resources) in Draft EIR, unknown archaeological resources may be located on the project site which could be distributed and/or destroyed by project construction. In addition, there is a possibility that unknown human remains could be found on the project site. These remains could be disturbed during project construction. Resolution No. 2004-020 Page 60 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 4.2.14.2 Findings Related to Archaeological Resources Impacts Changes or alterations have been required in, or incorporated into, the One Broadway Plaza project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 4.2.14.3 Facts in Support of the Finding Related to Archaeological Resources Impacts Implementation of mitigation measures CR-5 to CR-8, provided below, will substantially lessen the adverse impacts of the One Broadway Plaza project related to archaeological resources, and will reduce these potentially significant adverse impacts to below a level of significance. CR-5 In the event unknown cultural resources are discovered during construction activities, all construction activities within the vicinity of the finding shall halt and the City's Environmental Coordinator shall be contacted for appropriate action. CR-6 Human Remains 8 If human remains are found during the test excavation, the Native American Graves Protection Act Guidelines and State law require that the crew halt the work in the immediate area; leave the remains in place and contact the City of Santa Ana project personnel and the Orange County Coroner. Until a representative of the Coroner's office reviews the remains in the field, they must not be removed. If the Coroner determines that the remains are prehistoric, the Coroner will contact the Native American Heritage Commission and the most likely descendent from the Native American community will be informed. The final deposition of remains will be coordinated by representatives of the property owner and the most likely descendent. CR - 7 Artifacts Any artifacts recovered shall be properly collected with photographs, field notes and locations plotted on a USGS 7.5' topographic quadrangle and a project map. Artifacts will be identified, catalogued and stabilized for curation. Any recovered artifacts shall be offered, on a first right-of-refusal basis, to a repository with a retrievable collection system and an educational and research interest in the materials. The Anthropology Museum at California State University, Fullerton would be an appropriate repository to receive any artifacts collected on the project site. CR-8 Final Report A final report, including an itemized inventory and pertinent field data, shall be sent to the City of Santa Ana, the South Central Coastal Information Center at California State University, Fullerton and the County of Orange Harbors, Beaches and Parks Department. 8 Resolution No. 2004-020 Page 61 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 4.3 IMP ACTS FOUND NOT TO BE SIGNIFICANT OR LESS THAN SIGNIFICANT The City finds that, based on substantial evidence in the record, discussed below, the following impacts associated with the One Broadway Plaza project are less than significant and no mitigation is required. Additionally, the City finds, as set forth in Sections 4.1 and 4.2, above, no other potentially significant adverse project specific impacts of the proposed project are anticipated to occur. An Initial Study (IS) was completed at the beginning of the environmental review process for the proposed project, to identify those impacts that could be potentially significant and required further study in an EIR. The IS also provided analysis on the environmental effects of the project that were determined to be less than significant due to the identification and incorporation of mitigation early in the process or based on compliance with existing regulations. The IS determined, based on substantial evidence in the record, that the following effects of the project would have no significant adverse or no adverse impact on the environment. 4.3.1 Agricultural Resources The proposed project will not convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use because there is no farmland on the project site. The proposed project will not conflict with existing zoning for agricultural use or a Williamson Act contract because the project site does not contain land designated for these uses. The proposed proj ect will not require changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use because there is no farmland on the proj ect site. 4.3.2 Air Quality The proposed project will not create objectionable odors affecting a substantial number of people because it will not create any odors objectionable to land uses adjacent to the project site. 4.3.3 Biological Resources The proposed proj ect will not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game (CDFG) or the United States Fish and Wildlife Service (USFWS) because there are none of these species on the project site. The proposed project will not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the CDFG or USFWS because there are none of these resources on the project site. Resolution No. 2004-020 Page 62 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 The proposed project will not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means because there are no wetlands on the project site. The proposed project will not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites because there are no dispersion corridors or nursery sites on or adjacent to the project site. The proposed project will not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance because there are no significant biological resources to protect on the site. The project proponent will also replace significant trees removed from the site with new trees planned as part of the project landscaping. The proposed project will not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation or other approved local, regional or state habitat conservation plan because there are no such plans for the project site. 4.3.4 Cultural Resources 8 The proposed project will not directly or indirectly destroy a unique paleontological resource or site, or unique geologic feature because there are no paleontological resources or unique geological features on the project site. 4.3.5 Geology and Soils The proposed project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 1. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault because there are no faults on the project site. 111. Seismic-related ground failure, including liquefaction because there are no liquefiable soils on the project site. iv. Landslides because the project site is flat and not subject to landslides. The proposed project will not result in substantial soil erosion or the loss of topsoil because standard measures will be taken to prevent soil loss from the project site during construction. The proposed proj ect will not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, 8 Resolution No. 2004-020 Page 63 of 73 One Broadway Plaza Environmental Impact Report lateral spreading, subsidence, liquefaction or collapse because there are no substantial deposits of these soils on the project site. Findings and Facts in Support of Findings The proposed project will not be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994) because expansive soils do not exist or will be removed from the site during construction. Therefore, the proposed project will not create a substantial risk to life or property. Project generated wastewater will be removed from the project site by a sewer system. Therefore, the site soil will not need to support the use of a septic tame 4.3.6 Hazards and Hazardous Materials The proposed project is not on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would not create a significant hazard to the public or the environment. The proposed project is not located in the vicinity of a private airstrip. The proposed project is on a developed block of land in an urban area. Therefore, the project will not expose people or structures to a significant risk of loss, injury or death involving wildland fires, including wildland fires that occur on land adjacent to urbanized areas or where residences are intermixed with wildlands. 4.3.7 Hydrology and Water Quality The proposed project will use existing supplies of domestic water and will discharge project wastewater to an existing sewer system. Therefore, the project will not violate any water quality standards or waste discharge requirements. The proposed project will use existing supplies of domestic water and is located on less than five acres of land. Therefore, the project site will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table. The proposed project is a commercial project and will not place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. The project site is not within a 100-year flood zone and will not place structures that would impede or redirect flood flow within a 100-year flood hazard area. The proposed project will not expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam because the project site is not in an area subject to inundation should one ofthese structures fail. Resolution No. 2004-020 Page 64 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 The proposed project will not be subject to inundation by seiche, tsunami or mudflow because it is not located near any substantial bodies of water and not subject to mudflows. 4.3.8 Land Use and Planning The proposed project will not physically divide an established community because the project site is in an existing developed urban area. The proposed project will not conflict with any applicable habitat conservation plan or natural community conservation plan since it is located on an already developed area. 4.3.9 Mineral Resources There are no mineral resources on the project site. Therefore, the project win not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. The project will not result in the loss of availability of a locally important mineral resource recovery site delineated on a local General Plan, Specific Plan or other land use plan. 4.3.10 Noise The project site is not located near a public or private airport or airstrip and will not expose people residing or working in the project area to excessive airplane noise levels. 8 4.3.11 Population and Housing The proposed project will not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. 4.3.12 Public Services The project site is already served by a number of public service providers. The proposed project will not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or a need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for public services other than fire protection, police protection and schools. 4.3.13 Recreation The proposed project consists of an office building which will not increase the use of existing neighborhood and recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated. 8 The proposed project does not include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment. Resolution No. 2004-020 Page 65 of 73 One Broadway Plaza Environmental Impact Report 4.3.14 Transportation and Traffic Findings and Facts in Support of Findings The proposed project will not conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks). 4.3.15 Utilities and Service Systems The proposed project will not require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Sufficient water supplies will be available to serve the project from existing entitlements and resources, and no new or expanded entitlements will be needed. The proposed project will result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments. The proposed project will be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs. The proposed project will comply with federal, state and local statutes and regulations related to solid waste. 5.0 MITIGATION MONITORING PROGRAM When making findings, CEQA requires that a lead agency must adopt a reporting or monitoring program for the changes to the project that it has adopted or made a condition of project approval in order to ensure compliance during project implementation. The MMP for the One Broadway Plaza project, accompanying the Final EIR, is designed to serve this purpose for the mitigation measures identified in the Final EIR. The MMP requires the City to monitor mitigation measures designed to reduce or eliminate significant adverse project impacts, as well as those mitigation measures designed to reduce environmental impacts that are less than significant. The MMP includes all mitigation measures identified in the Final EIR and has been designed to ensure compliance during implementation of the project. The City finds that the impacts of the project have been mitigated to the extent feasible by the mitigation measures identified in the Final EIR and the MMP. The City adopts the MMP for the One Broadway Plaza project. The MMP designates responsibility and the anticipated timing for the implementation of mitigation measures and conditions within the jurisdiction of the City of Santa Ana. That MMP is hereby adopted and its implementation is made a condition of approval of the One Broadway Plaza project. The City approves and will implement all the mitigation measures in the Final EIR. Resolution No. 2004-020 Page 66 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings 8 6.0 ALTERNATIVES An EIR prepared pursuant to CEQA and the CEQA Guidelines must describe and comparatively evaluate a range of alternatives to the proposed project (Section 15126.6 of the CEQA Guidelines). Analysis of every possible alternative or options or combination of options would overburden the EIR with an unnecessary amount of detail that would be redundant and complex and would, as a result, fail to provide meaningful information for the City to consider in its review of the project. To develop alternatives that are analyzed in the EIR, a list of potential alternatives was prepared. For this analysis, the project alternatives were evaluated to determine the extent to which they meet the basic project objectives, while avoiding or substantially lessening any significant adverse impacts of the proposed project. The City of Santa Ana selected the alternatives discussed below for a variety of reasons; however, the goal for evaluating any and all alternatives is to identify ways to mitigate or avoid the significant adverse impacts of the proposed project. The EIR evaluated the following alternatives. 6.1 PROJECT ALTERNATIVE CONSIDERED BUT REJECTED 8 A potential Off-Site Alternative site located just east of the Main Place Mall on the old Main Street Concourse project site in the City of Santa Ana was considered as an alternative project site. The use of this site was rejected by the City because the Main Street Concourse project developer has brought a modified project back to the City for consideration and approval. This proposed project would also result in a high-density commercial project being developed on this site. There are no other sites in the City large enough to accommodate the One Broadway Plaza Project that are owned by the project developer or that currently have the appropriate General Plan and zoning designations that would allow their use for the One Broadway Plaza project. 6.2 NO PROJECT ALTERNATIVE The No Project Alternative would be the continuation of the land uses under the Midtown Specific Plan on the site. The Midtown Specific Plan objectives for this area call for the continued existence of the existing land uses in the Broadway Corridor. The Midtown Specific Plan allows a floor area ratio (FAR) of 0.5 to 2.0 for this site which is 4.32 acres (188,179 square feet). The existing FAR for the site is approximately 0.4. The ultimate FAR for the project site for this Alternative is assumed to be approximately 0.5 because the Midtown Specific Plan does not include any objectives to encourage substantial new development on this site. Based on a FAR of 0.5, approximately 94,090 square feet of commercial office space would be provided under the No Project Alternative. Currently, there are 75,272 square feet of existing development on the site. Therefore, 18,817 square feet of new commercial office space would be constructed on the site under the No Project Alternative. This square footage could be accommodated in a three story building with 6,272 square feet (0.14 acre) per floor or multiple buildings with a total square footage of 18,817 square feet. This square footage could be developed on the existing parking lots on the site without removing any existing structures. 8 The No Project Alternative would not meet the following project objectives: Resolution No. 2004-020 Page 67 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . To create a new City landmark by developing an office building with the height, scale and quality to serve as a central focal point of the Downtown Redevelopment Area of the City. . To provide a large quantity of Class A office space in a configuration suitable for acquisition of major, high-profile tenants. . To provide a large quantity of Class A office space in the immediate vicinity of the City Civic Center in order to attract major tenants needing to locate close to the government center ofthe County. . To provide a Class A office building attracting professional tenants who will support the cultural and business activities of the central city area of Santa Ana. . To provide for the public a world-class restaurant with unique 360 degree views that creates a destination point for visitors to Santa Ana. . To preserve and enhance the Broadway area by providing palm tree lined plazas which include extensive landscaping, public art and water features and serve as public gathering places. . To substantially increase employment opportunities within the City. . To provide an on-site parking structure that will serve the parking needed for the office building as well as providing needed additional parking for the public in the surrounding area. . To provide a project that contributes to the redevelopment and revitalization of the central city by acting as a catalyst for future improvements that foster entertainment, cultural and business activities and establish Santa Ana as a vibrant center of Orange County life. . To provide a substantial positive fiscal impact to the City which will contribute to the maintenance and improvement of public services. 6.3 MID-RANGE PROJECT ALTERNATIVE The Mid-Range Project Alternative assumes that a four story office building with a FAR of 1.5 would be developed on the project site. Based on the 1.5 FAR, approximately 282,269 square feet of commercial office space would be provided on the site. Currently, there are 75,272 square feet of existing development on the site. Therefore, 206,997 square feet of new commercial office space would be constructed under the Mid-Range Project Alternative. This square footage would be accommodated in a four-story building with 51,749 square feet (1.19 acre) per floor or multiple buildings with a total square footage of206,997 square feet. The Mid- Range Project Alternative assumes that some existing structures would be removed to provide space for the new office building(s). The Mid-Range Project Alternative could meet the following project objectives: Resolution No. 2004-020 Page 68 of 73 8 8 8 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . To preserve and enhance the Broadway area by providing palm tree lined plazas which include extensive landscaping, public art and water features and serve as public gathering places. To provide an on-site parking structure that will serve the parking needed for the office building as well as providing needed additional parking for the public in the surrounding area. . . To provide a project that contributes to the redevelopment and revitalization of the central city by acting as a catalyst for future improvements that foster entertainment, cultural and business activities and establish Santa Ana as a vibrant center of Orange County life. 6.4 LOW-RANGE PROJECT ALTERNATIVE The Low-Range Project Alternative assumes that a three story office building with a FAR of 1.0 and 188,179 square feet of commercial office space would be developed on the project site. Currently, there is 75,272 square feet of existing development on the site. Therefore, 112,907 square feet of new commercial office space would be constructed on the site under the Low- Range Project Alternative. A three-story building with 112,907 square feet of commercial office space would have 37,635 square feet (0.86 acre) of office space per floor. The Low-Range Project Alternative assumes that some existing structures would be removed to provide space for the new office building(s). The Low-Range Project Alternative could meet the following project objectives: . To preserve and enhance the Broadway area by providing palm tree lined plazas which include extensive landscaping, public art and water features and serve as public gathering places. . To provide an on-site parking structure that will serve the parking needed for the office building as well as providing needed additional parking for the public in the surrounding area. . To provide a project that contributes to the redevelopment and revitalization of the central city by acting as a catalyst for future improvements that foster entertainment, cultural and business activities and establish Santa Ana as a vibrant center of Orange County life. 6.5 COMPARISON OF IMP ACTS Table 8.4-1 in the EIR compares the unavoidable adverse impacts of the One Broadway Plaza, the No Project, the Mid-Range Project and Low-Range Project Alternatives. That table is reproduced on the following page. In summary, the project will result in unavoidable adverse impacts related to short and long term air quality, surface transportation, utilities, aesthetics and cultural resources. 6.6 ENVIRONMENT ALLY SUPERIOR ALTERNATIVE Table 8.4-1 shows a comparison of the environmental effects of the project alternatives. Each of the alternatives would result in environmental impacts greater than the No Project Alternative. Resolution No. 2004-020 Page 69 of 73 One Broadway Plaza Environmental Impact Report Therefore, the No Project Alternative is the Environmentally Superior Alternative although it would not meet project objectives as discussed earlier in the analysis of project alternative. Section 15126.6(e)(2) of the CEQA Guidelines requires the identification of an additional feasible environmentally superior alternative when the No Project Alternative is selected as the Environmentally Superior Alternative. Findings and Facts in Support of Findings TABLE 8.4-1 COMPARISON OF THE ENVIRONMENTAL EFFECTS OF THE PROJECT ALTERNATIVES FOR THE ONE BROADWAY PLAZA PROJECT Proposed No Project Mid-Range Low-Range Environmental Effect Project Alternative Project Alternative Project Alternative Land Use I 1 1 1 Topography, Geology and Soils 2 2 2 2 Hydrology and Water Quality 2 2 2 2 Air Quality 3 2 3 3 Transportation 3 3 3 3 Hazards and Hazardous Materials 2 2 2 2 Noise 2 1 2 2 Population and Housing 1 1 1 1 Public Services 2 2 2 2 Utilities and Service Systems 3 2 2 2 Aesthetics 3 2 2 2 Cultural Resources 3 2 3 3 Legend 1. No impact or below a level of significance without mitigation. 2. Impact that can be mitigated to below a level of significance. 3. Impact that cannot be mitigated to below a level of significance. Source: P&D Consultants, Inc. (2002). Many of the environmental impacts of the proposed project are directly related to the size or intensity of the development and in general, projects with higher density will generally result in more adverse impacts compared to alternatives with a lower density. However, for most of the environmental categories, mitigation is anticipated to reduce the impacts of the Mid-Range Project and Low-Range Project Alternatives to below a level of significance although the Mid- Range Project and Low-Range Project Alternatives also do not meet all of the project objectives. The Mid-Range Project and Low-Range Project Alternatives will result in similar impacts compared to the proposed project after mitigation related to topography, geology and soils; hydrology and water quality; hazards and hazardous materials; public services; utilities and service systems and aesthetics. The Mid-Range Project and Low-Range Project Alternatives are anticipated to result in greater impacts related to air quality, circulation, noise, population and housing and cultural resources and aesthetics compared to the No Project Alternative. 7.0 STATEMENT OF OVERRIDING CONSIDERATIONS The City has balanced the benefits of the One Broadway Plaza project against its unavoidable adverse environmental impacts in determining that the specific economic, legal, social, technological and/or other benefits outweigh the unavoidable significant adverse environmental Resolution No. 2004-020 Page 70 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings impacts of the project. Section 15093(b) of the CEQA Guidelines provides that when the decision of a public agency results in the occurrence of significant impacts that are identified in the Final EIR but are not substantially mitigated, the agency must state in writing the reasons to supports its actions based on the Final EIR and/or other information in the record. The reasons set forth below are based on the Final EIR and other information in the record. 8 Based on the substantial evidence in the record, including but not limited to the Final EIR, the City finds that the benefits of the One Broadway Plaza project outweigh its unavoidable adverse environmental impacts and, furthermore, finds that such adverse environmental effects are acceptable. Each of the separate benefits of the project, as stated below, is determined to be, unto itself and independent of other project benefits, a basis for overriding all unavoidable adverse impacts identified in these Findings. The reasons for the approval of the project despite the occurrence of significant unavoidable adverse impacts related to short and long term air quality, surface transportation, aesthetics, cultural resources and utilities include: 1. 8 The project would allow the City to achieve the objectives which avoiding or minimizing significant adverse environmental impacts to the extent feasible. The project will: . Create a new City landmark by developing an office building with the height, scale and quality to serve as a focal point of the Downtown Redevelopment Area of the City. . Provide a substantial amount of Class A office space which is essential in the Downtown to ensure the long term viability of the area and orderly development in the Downtown. Without attracting such office space, the Downtown will continue to under perform in its role as the City's urban core. . Provide a large quantity of Class A office space in a configuration suitable for major, high profile tenants. . Provide a large quantity of Class A office space in the immediate vicinity of the City Civic Center to attract major tenants needing to locate close to the government center of the City and Orange County. . Provide a Class A office building attracting professional tenants who will support the cultural and business activities in the central city area of Santa Ana. . Provide for the public a world class restaurant with unique 360 degree views that creates a destination point for visitors to Santa Ana. . Preserve and enhance the Broadway area by providing palm tree lined plazas which include extensive landscaping, public art and water features and which serve as public gathering places. 8 Substantially increase employment opportunities in the City of Santa Ana. Resolution No. 2004-020 Page 71 of 73 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . Provide an on site parking structure that will serve the parking needed for the office building as well as providing needed additional parking for the public in the surrounding area. . Contribute to the redevelopment and revitalization of the central city by acting as a catalyst for future improvements that foster entertainment, cultural, dining and business activities and establish Santa Ana as a vibrant center of Orange County life. . Provide a substantial positive fiscal impact to the City which will contribute to the maintenance and improvement of public services and facilities. 2. Approval of the project would bolster the economic and social health of the Santa Ana Downtown area by aiding in the re-establishment of businesses in the project area by stimulating and attracting private investment, thereby improving the City's economic health, employment opportunities and the tax base. 3. The project would guide development toward and urban environment preserving the aesthetics and cultural qualities of the City and helping to make the area a source of pride to people living and working in Santa Ana and for visitors to the City. 4. Furthermore, there are no alternative sites in the City, as described in the Final EIR. Therefore, there are no feasible alternative sites or mitigation measures that would reduce or eliminate the significant unavoidable adverse impacts of the proposed project related to short and long term air quality, surface transportation, aesthetics, cultural resources and utilities. For the reasons stated above, and based on substantial evidence in the record before it, the City finds that the unavoidable adverse impacts of the One Broadway Plaza project related to short and long term air quality, surface transportation, aesthetics, cultural resources and utilities are acceptable and, furthermore, finds that the benefits of the project outweigh its unavoidable adverse environmental impacts. 8.0 RECORD OF PROCEEDINGS Various documents and other materials constitute the record of proceedings on which the City of Santa Ana bases its Findings and decisions contained herein. Most documents related to this Final EIR are located at the City of Santa Ana, Planning and Building Department, 20 Civic Center Plaza, Santa Ana, California, 92702. Some documents included in the record of proceedings may also be located at the offices of consultants retained by the City for this project. 9.0 SUMMARY 1. Based on the foregoing Findings and the information contained in the record, the City of Santa Ana has made one or more of the following findings with respect to each significant adverse impact of the proposed project, as identified in the Final EIR: Resolution No. 2004-020 Page 72 of 73 8 8 8 One Broadway Plaza Environmental Impact Report Findings and Facts in Support of Findings . Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. . Such changes or alterations are within the responsibility and 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, legal, social, technological or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. 2. Based on the Findings stated herein and information contained in the record, it is hereby determined that: a. All significant adverse impacts on the environment due to the approval of the project have been eliminated or substantially lessened where feasible. b. Any remaining significant adverse impacts on the environment found unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations in Section 7.0, above. 10. APPROVALS The City hereby takes the following actions: 1. The City has certified the Final EIR for the project, as described in Section 1.0, above. 2. The City hereby adopts, incorporates into the project and makes a condition of the project approval, all mitigation measures in the Final EIR, and as discussed in the Findings (Section 2.0, above) and Project Impacts and Disposition of Related Mitigation Measures in the Final EIR (Section 4.0, above). 3. The City hereby adopts the Mitigation Monitoring Program, accompanying the Final EIR and discussed in the Findings (Section 5.0, above). 4. The City hereby adopts the Findings in their entirety, as set forth above, including the Statement of Overriding Considerations. 5. Having certified the Final EIR, independently reviewed and analyzed the Final EIR, incorporated mitigations into the project as conditions of project approval, and adopted the Findings (including the Statement of Overriding Considerations set for herein), the City hereby approves the One Broadway Plaza Project, as described in the Final EIR, including the site approval and design. Resolution No. 2004-020 Page 73 of 73