Loading...
HomeMy WebLinkAbout2005-107 - Environmental Impact Report for the Shea Homes Development Located at 2800 North Farmers Drive KO-11/1/05 RESOLUTION NO. 2005-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE SHEA HOMES DEVELOPMENT LOCATED AT 2800 NORTH FARMERS DRIVE, APPROVING A MITIGATION MONITORING PROGRAM, AND ADOPTING CERTAIN FACTS, FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS 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. On February 4, 2005, the applicant submitted the Shea Homes at Farmers Drive to construct 36 single-family dwellings at 2800 North Farmers Drive. 1. In June 1, 2005, 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 the development of a 36 unit single- family subdivision. 2. Three (3) alternatives including the no project alternative were evaluated. 3. The City prepared a Draft EIR (Environmental Impact Report) 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. 4. All comments to the Draft EIR were considered and responded to in the proposed Final EIR (which includes the Draft EIR). 5. A proposed mitigation monitoring plan has been prepared, as has 27 pages of certain facts, findings and statements, which are attached to this Resolution. Resolution No. 2005-107 Page 1 of 38 B. At its regular meeting of October 10, 2005, the Planning Commission of the City of Santa Ana, following a duly noticed public hearing, by a vote of 6:0 (Lutz absent) recommended to the City Council that it adopt: 1. A resolution certifying Final Environmental Impact Report No. 2005- 01, the mitigation monitoring program, and certain facts, findings and statements. 2. An ordinance approving Amendment Application NO.2005-02 and Specific Development Plan No. 77. 3. A resolution approving Vesting Tentative Tract Map No. 2005-05 (County Map No. 16905) as conditioned. 4. A resolution approving Site Plan Review No. 2005-04 to construct 36 single-family residences at 2800 North Farmers Drive C. 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 November 7,2005. D. All attached documents, including the Final EIR, the mitigation monitoring plan, the 27 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. 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 ("CEQA") 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 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, 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, California Code of Regulations ("CCR") 9 735.5(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 Resolution No. 2005-107 Page 2 of 38 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 9 711.2 and Title XIV, CCR 9 735.5, 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 upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 7th day of November, 2005. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Councilmembers: Alvarez. Bist. Bustamante. Christv. Garcia. Pulido. Solorio (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) Resolution No. 2005-107 Page 3 of 38 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2005-107 to be the original resolution adopted by the City Council of the City of Santa Ana on November. 7. 2005. Date: 10<> / EJ ~ I C;;;;-L~ Clerk of the Council City of Santa Ana Resolution No. 2005-107 Page 4 of 38 SHEA HOMES RESIDENTIAL PROJECT MITIGATION MONITORING PROGRAM Mitil!ation Measure Al!encv I Approval Prior to Issuance of Gradinl! Permit The proposed project shall incorporate Planning/ architectural elements and landscape Building treatments in and around the sound wall. The proposed treatment shall be approved by the Planning Division prior to issuance of grading permits. Prior to issuance of grading permits a Planning/ construction-level geotechnical report shall Building be submitted for review and approval to the Building Department and/or Public Works Department. The report shall address the potential for seismically induced soil liquefaction and soil instability. Based on the study detailed grading recommendations and foundation design criteria shall be provided. Prior to issuance of grading permits the Public Works project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes a copy of the project's permit issued by the State Water Resource Control Board that identifies the project's permit number and two copies of the Storm Water Pollution Prevention Plan. Prior to issuance of grading permits the Public Works project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site design, Structural Source Control and treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation Plan. Page 1 of7 Resolution No. 2005-107 Page 5 of 38 Prior to the issuance of grading permits the Public Works project developer shall provide two copies of the Water Quality Management Plan that include the following: 1. Site Assessment 2. Site Design BMPs 3. Applicable Routine Source Control BMPs 4. Selection and sizing of the Treatment Control BMPs 5. Mechanisms by which funding for long-term operation and maintenance of Structural BMPs will be provided 6. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable Structural BMPs, and to identify the entity in charge of implementation Prior to the issuance of grading permits the project developer shall submit a final run-off evaluation for review and approval showing the existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. Prior to issuance of grading permits the project developer shall submit to the City of Santa Ana Planning Division a letter from the Department of Defense and CalTrans that adequate access is provided to the Department of Defense fuel line and the CalTrans sound wall. Grading Plans and Building Plans for the proposed project shall note that all construction equipment shall be properly maintained and tuned to minimize noise emissions, Grading Plans and Building Plans for the oroDosed Droiect shall note that all Resolution No. 2005-107 Page 6 of 38 Page 2 of7 Public Works Planning! Building Planning! Building Planning! Buildinl! equipment shall be fitted with properly operating mufflers and air intake silencers. To ensure compliance with SCAQMD Fugitive Planning! Dust Rule 403, grading plans for the proposed Building project shall reflect the following notes: All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage I or Stage 2 smog episodes. Streets surrounding the project site should be cleaned at the end of each day of construction. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. Equipment engines shall be maintained in good condition and In proper tune according to manufacturer's specifications. Miti!!ation Measure Al1:ency Approval Prior To Issuance of Buildin!! Permits Building plans for the proposed project shall Planning! reflect that onsite lighting on the project site Building is located in such a manner that the direct rays of the lighting are confined to the property and would not spill over to adjacent residential areas. Grading Plans and Building Plans for the Planning! proposed project shall note that construction Building activities on the project site shall take place between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday and 8:00 a.m. to 8:00 p.m. on Saturdays and no construction activity on Sundays or federal holidavs. No construction eauiDment on the Page 3 of7 Resolution No. 2005-107 Page 7 of 38 project site shall operate including warming up until after 7:00 a.m. Monday through Friday and after 8:00 a.m. on Saturdays. Grading Plans and Building Plans for the Planning! proposed project shall note that all Building construction equipment shall be properly maintained and tuned to minimize noise emissions, Grading Plans and Building Plans for the Planning! proposed project shall note that all Building equipment shall be fitted with properly operating mufflers and air intake silencers. The building plans for the proposed project Planning! shall reflect a 20-foot noise wall along the Building northeastern boundary of the project a site. The noise wall shall have a surface density of at least 3.5 pounds per square foot and shall no openings or gaps. The noise wall may be constructed of stud and stucco, 3!8 inch plate glass, 5!8 inch Plexiglas, any masonry material, or a combination of these materials. Building plans for all residential units shall Planning! reflect the following construction details; Building . The roof!ceiling assembly shall incorporate concrete or composition tiles on the exterior and a minimum Yi" gypsum drywall on the interior surface of the living area. Roofs shall be sloped and attic spaces shall be insulated with fiberglass insulation. . Exterior walls shall be wood stud construction with stucco exteriors and a minimum \I," gypsum drywall on the interior. All exterior walls shall include fiberglass insulation in the stud cavities. . All operable windows shall have a rating of STC-24. All fixed windows shall have a rating of STC-28. Resolution No. 2005-107 Page 8 of 38 Page 4 of7 . All entry doors shall have a rating of STC- 28. The building plans for the Traditions Plan 2 Planning! on Lots 10, 22 and 27 shall reflect the Building following construction details: . The Retreat shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-26 or STC-28. . The Library shall be installed with attic baffles. All operable windows shall have a rating of EWNR-32 or STC 35. All fixed windows shall have a rating ofEWNR-36 or STC-40. All entry doors shall have a rating ofEWNR-29 or STC-32. . Bedroom 3 shall be installed with attic baffles. All operable windows shall have a rating ofSTC EWNR-32 or STC-35. All fixed windows shall have a rating of EWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. The building plans for the Renaissance Plan Planning! 3 on Lots 11,23, and 26 shall reflect the Building following construction details: . The Retreat shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-26 or STC-28. . Bedroom 2 shall be installed with attic baffles. All operable windows shall have a rating of STC EWNR-32 or STC-35. All fixed windows shall have a rating of EWNR-36 or STC 40. All entry doors shall have a rating of EWNR-29 or STC 32. . Bedroom 3 shall be installed with attic baffles. All operable windows shall have a rating ofSTC EWNR-32 or STC-35. All fixed windows shall have a rating of Page 5 of7 Resolution No. 2005-107 Page 9 of 38 EWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. The building plans shall reflect that Planning! mechanical ventilation shall be provided for Building residential units located on residential Lots 6,7, ~9, l~ 11, 12, 13, 14, 15, 19,2~2l, 22,23,24,25,26,27,28,29,30. Prior To Recordation Of Final Subdivision Maps Miti!!ation Measure AlJencv Anproval Prior to the recordation of final subdivision P lann ing! maps, a special disclosure statement of the Building presence of the jet fuel line is required to be provided on subdivision maps and deeds for the project. Prior To Buildin!! Apllroval Mitil1:ation Measure A..ency Apllroval Prior to Building Approval, the project Planning! developer, at their sole expense, shall Building conduct a noise monitoring analysis to ensure that the residential units on Residential Lots 10, II, 22, 23, 26 and 27 achieve an interior noise level of 45 CNEL. Prior to Building Approval occupancy, a Planning!Building disclosure statement on the risks and potential exposure to Particulate Diesel Matter shall be provided on all final subdivision maps grant deeds for the project. Prior to and Durin.. Construction Mitil1:ation Measure A!!ency Approval In the event unknown cultural resources are Planning! encountered, all earthwork activities in the Building area of the finding shall halt and the City of Santa Ana Environmental Coordinator shall be contacted for appropriate action. During construction operations near the jet fuel pipeline, a representative from the Planning! Department of Defense shall be present to Building monitor construction activities to ensure that no damage occurs to the jet fuel pipeline. Resolution No. 2005-107 Page 10 of 38 Page 6 of7 Prior to commencement of construction activities, the project developer shall identify to the City a construction relation officer to act as a community liaison concerning onsite construction activity impacts. The name and phone number of the construction relation officer shall be posted on the project site. Page 7 of7 Resolution No. 2005-107 Page 11 of 38 Shea Homes Residential Project Findings and Facts in Support of Findings EfnJironmental Impact Report CERTIFICATION OF THE FINAL ENVIRONMENT AL IMPACT REPORT, FINDINGS AND APPROVALS FOR THE SHEA HOMES RESIDENTIAL 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 hereby certifies the Final Environmental Impact Report ErR-2005-0l, State Clearinghouse No. 2005041176 for the Shea Homes Residential Project. The Final ElR was completed in compliance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq and the State CEQA Guidelines, CCR, Title 14, Section 15000, et seq. The City certifies that it has been presented with the Final EIR and that it has reviewed and considered the information in the Final ElR prior to approving the Shea Homes Residential Project, as set forth herein. The City further certifies that the Final ErR reflects the independent judgment and analysis of the City of Santa Ana. The Final ErR consists of the Draft ElR, the 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 ElR, 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 ElR. Based on the substantial evidence in the record before it, the City finds that the Draft and Final ElRs were prepared in compliance with CEQA and the CEQA Guidelines. The City finds that it has independently reviewed and analyzed the Draft ElR and the Final ErR for the Shea Homes Residential Project, that the Draft ElR which was circulated for public review reflected its independent judgment and that the Final ElR 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 ElR. In addition, the City has reviewed and considered the Mitigation Monitoring Program (MMP) for the project, which is contained in the Final ElR and 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. The MMP will ensure CEQA compliance during project implementation. 3.0 ENVIRONMENTAL REVIEW PROCESS 3.1 PROJECT BACKGROUND AND OBJECTIVES The Shea Homes Residential Project site is located at 2800 North Farmers Drive within the northeastern part of the City of Santa Ana, Orange County California. The project site is bounded by the Santa Ana Freeway to the north and Farmers Drive to the west. Resolution No. 2005-107 Page 12 of 38 Page 1 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report The proposed project involves the development of 36 single family dwellings. The objectives for the Shea Homes Residential Project are to: · To provide additional single family detached housing opportunities in the northeastern area of the City of Santa Ana. · Provide a residential community that would be compatible in scale and design with existing residential uses in the project area. · To provide a planned community of large single family homes on large lots. · To provide infill housing opportunities on one of the last remaining vacant parcels in the City. The City of Santa Ana is the Lead Agency for the ElR, as defined by Section 21067 of CEQA. The City of Santa Ana has determined that the ElR is required for the Shea Homes Residential Project pursuant to Section 15063 of the CEQA Guidelines to assess the potential impacts resulting from approval of the project and other discretionary actions necessary for its implementation. This ElR is intended to serve as a project EIR for the Shea Homes Residential Project Tentative Tract Map 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 ElR in the review of project permits or other actions. The potential actions, permits and approvals for the proposed project are anticipated to include the following: · Zone Change to Specific Development (SD) Zone. · Compliance with California Subdivision Map Act and approval TentativefFinal Tract Maps 3.2 DRAFT ENVIRONMENTAL IMPACT REPORT 3.2.1 Initial Study and Notice of Preparation The City of Santa Ana distributed a Notice of Preparation (NOP) of an ElR and an Initial Study (IS) for the Shea Homes Residential project on June 1, 2005 for a 30-day review period. The NOP!lS was distributed to the State Clearinghouse Office of Planning and Research, public agencies, neighborhood associations and other interested parties in the project area. The NOP!lS is provided in Appendix A of the Draft EIR. The City of Santa Ana received two written responses to the NOP. Copies of these comment letters are provided in Appendix A ofthe Draft ElR. ResolutionIN!l~1005-1 07 Page 13 of 38 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental impact Report 3.2.2 Draft EIR Circulation of the Draft EIR The City of Santa Ana circulated the Draft ElR for the Shea Homes Residential Project for public review between August 9, 2005 and September 22, 2005. The Responses to Comments Report (RTC) documents the public review and comment period for the Draft ElR. The Notice of Availability (NOA) for the Draft ElR is provided in Appendix A of the RTC Report. The NOA was published in the Orange County Register on August 9, 2005, and filed with the Orange County Clerk. Written Comments The written comments received on the Draft ElR included comment letters and written comments provided to the Planning Commission during the public hearing. Written comments on the Draft ElR for the Shea Homes Residential Project were received from the following: . Southern California Association of Governments . Orange County Sanitation District . California Department of Transportation . County of Orange Planning Commission Public Hearing A public hearing was held on the Draft ElR for the Shea Homes Residential Project as part ofthe regularly scheduled August 22, 2005 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). The purpose of the meeting was to receive public comments on the Draft ElR. The minutes from the public hearing is provided in Appendix B of the R TC Report. Second Planning Commission Public Hearing A second public hearing with the Santa Ana Planning Commission was held on the Final ElR for the Shea Homes Residential Project on October 10, 2005. This meeting was held in the City of Santa Ana Council Chambers (22 Civic Center Plaza, Santa Ana). The purpose of the meeting was to review response to comments on the Draft ElR and to receive additional public comments on the Draft ElR. There were no additional comments raised by the public on the Final EIR. At the conclusion of the meeting, the Santa Ana Planning Commission recommended the City Council certify the Final ElR for the Shea Homes Residential project. The minutes from the public hearing is provided in Appendix C of the RTC Report. Resolution No. 2005-107 Page 14 of 38 Page 3 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report Written Responses to Written Comments The City evaluated the comments on environmental issues received from persons who reviewed the Draft ElR. 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 ElR provided adequate, good faith and reasoned responses to the comments. Pursuant to Section 15088.5 ofthe CEQA Guidelines, a lead agency is required to recirculate an EIR when significant new information is added to the EIR after the Notice of Availability is given, but before certification. The term "new information" specifically includes: (i) (ii) (iii) Changes to the project, Changes in the environmental setting or Additional new data or other information. Section 15088.5 of the CEQA Guidelines further provides that"... new information added to an ElR 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 on the Draft EIR and the responses to those comments as well as other text changes and references that have been incorporated into the Final 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 were added to the ElR 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 Section 15088.5 of the CEQA Guidelines regarding recirculation of Draft EIR, the City hereby finds that there is no new significant information and no need to recirculate the Draft EIR. Therefore, the Final EIR has been prepared and considered by the City. 3.3 FINAL ENVIRONMENTAL IMPACT REPORT The City has prepared a Final ElR for the Shea Homes Residential Project. In accordance with the requirements ofCEQA and the CEQA Guidelines, the Final EIR consists of: (a) The Draft ElR; (b) Clarifications, Comments and recommendations received on the Draft ElR, provided in the R TC Report; (c) A list of persons, organizations and public agencies commenting on the Draft ElR, provided in the RTC Report; ResolutionlNEle ~05-1 07 Page 15 of 38 Shea Homes Residential Project Findings and Facts in Support of Findings Errvironmentallmpact Report (d) The City's responses to the comments received on the Draft ElR, provided in the RTC Report; (e) The Final MMP 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 The analysis in the Final EIR identifies all the significant adverse environmental impacts of the Shea Homes Residential Project. All the mitigation measures identified in the Final ElR are included in the project approval and are made conditions of the Shea Homes Residential Project. The following Findings are made with respect to each significant adverse environmental impact of the Shea Homes Residential 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 partially mitigated, but not to below a level of significance. As described later in these Findings, the Shea Homes Residential Project would result in significant adverse impacts, which cannot be mitigated to below a level of significance. . Potentially significant adverse impacts, which can be mitigated to below a level of significance, based on implementation of identified project enhancement measures, project mitigation measures and!or City of Santa Ana standard conditions of approval. For each potentially significant adverse impact of the Shea Homes Residential Project, one of the following findings must be made, including the provision of facts supporting each finding: . Mitigation measures have been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the ElR. . 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 make infeasible the mitigation measures or project alternatives identified in the Final EIR. 4.1 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE SHEA HOMES RESIDENTIAL PROJECT, WHICH CANNOT BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Resolution No. 2005-107 Page 16 of 38 Page 5 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report Potentially significant adverse impacts of the Shea Homes Residential 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 Shea Homes Residential Project would not be mitigated to below a level of significance, after implementation of the project mitigation measures. A Statement of Overriding Considerations (SOC) has been prepared to address these unavoidable significant adverse impacts of the Shea Homes Residential Project, as described later in Section 7.0 (Statement of Overriding Considerations). 4.1.1 Impacts Related to Exterior Living Area Noise Impacts Potentiallv Significant Adverse lmDact Related to Noise Impacts As described in Section 5.3 in the EIR, the Shea Homes Residential Project would be subject to noise impacts exceeding the City's exterior living area noise standard. Finding Related to Noise lmDacts Specific economic, legal, social, technological or other considerations make infeasible the mitigation measures or project alternatives identified in the Final ElR to reduce unavoidable significant impacts to a level that would be less than significant. Facts in SUPDort of the Finding Related to Noise Impacts There are no feasible mitigation measures or project alternatives to reduce the exterior living area noise impacts of the project to a level that would be less than significant. Therefore, the exterior living area noise impacts associated with the Shea Homes Residential Project would be significant and unavoidable. Compliance with the following project mitigation measures would lessen exterior living area noise impacts, but not to a level that would be less than significant. N-4. The building plans for the proposed project shall reflect a 20-foot noise wall along the northeastern boundary of the project a site. The noise wall shall have a surface density of at least 3.5 pounds per square foot and shall no openings or gaps. The noise wall may be constructed of stud and stucco, 3/8 inch plate glass, 5/8 inch Plexiglas, any masonry material, or a combination of these materials. 4.2 POTENTIALLY SIGNIFICANT ADVERSE IMPACTS OF THE SHEA HOMES RESIDENTIAL PROJECT, WHICH CAN BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE Potentially significant adverse impacts of the Shea Homes Residential 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 identified project mitigation measures. 4.2.1 Impacts Related to Aesthetics ResolutionlNa!'2005-107 Page 17 of 38 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report Potentiallv Significant Adverse Aesthetic ImDacts The size and mass of the proposed sound wall would result in an adverse aesthetic impact. Findings Related to Aesthetic Impacts A mitigation measure has been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the ElR. Facts in SUDDort of the Finding Related to Aesthetic Impacts Implementation of Mitigation Measure A-I below would substantially lessen the adverse aesthetic impacts of the Shea Homes Residential Project related to the proposed sound wall, to a level that would be less than significant. A-I The proposed project shall incorporate architectural elements and landscape treatments in and around the sound wall. The proposed treatment shall be approved by the Planning Division prior to the issuance of grading permits. Level of Significance of Impacts Related to Aesthetic lmDacts The adverse impacts of the Shea Homes Residential Project related to aesthetic impacts would be mitigated to below a level of significance based on the implementation of Mitigation Measure A-I, provided above. 4.2.1.2 Potentiallv Significant Adverse Aesthetic Light and Glare Impacts Implementation of the proposed project would introduce new sources of light and glare into the project area. To minimize light and glare impacts on adjacent land uses, onsite lighting would need to be located so that all direct rays are confined to the project site. To ensure lighting is confined to the project site the following mitigation measure shall be implemented. Findings Related to Aesthetic Light and Glare ImDacts A mitigation measure has been incorporated into the project, which avoids or substantially lessens the significant environmental effect as identified in the ElR. Facts in SUDDort of the Finding Related to Aesthetic Light and Glare lmDacts Implementation of Mitigation Measure A-2 below would minimize adverse light and glare impacts ofthe Shea Homes Residential Project. A-2 Building Plans for the proposed project shall reflect that onsite lighting on the project site is located in such a manner that the direct rays of the lighting are confined to the property and would not spill over to adjacent residential areas. Resolution No. 2005-107 Page 18 of 38 Page 7 Shea Homes Residential Project Findings and Facts in Support of Findings Environmenta/lmpact Report Level of Significance of Impacts Related to Aesthetic Light and Glare ImDacts The adverse impacts of the Shea Homes Residential Project related to aesthetic light and glare impacts would be minimized with the implementation of Mitigation Measure A-2, provided above. 4.2.2 Impacts Related to Impacts to Cultural Resources Even though the project site has been previously graded there is the potential that unknown archaeological resources and/or unknown human remains could be encountered and impacted significantly during grading operations. Findings Related to Cultural Resources A mitigation measure has been incorporated into the project, which avoids, or substantially lessens the significant environmental effect as identified in the ElR. Pacts in SUDPort of the Finding Related to Cultural Resources Implementation of Mitigation Measure C-l would reduce the adverse significant impacts of the Shea Homes Residential Project related to impacts to unknown cultural resources to a level that would be less than significant. . C-I In the event unknown cultural resources are encountered, all earthwork activities in the area of the finding shall halt and the City of Santa Ana Environmental coordinator shall be contacted for appropriate action. Level of Significance of Impacts Related to Cultural Resource ImDacts The adverse impacts of the Shea Homes Residential Project related to cultural resource impacts would be mitigated to below a level of significance based on the implementation of Mitigation Measure C-l, provided above. 4.2.3 Impacts Related to Impacts to Geology Construction operations associated with the proposed project would involve earthwork activity that could potentially result in erosion impacts. Findings Related to Geologv A mitigation measure has been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the ElR. Facts in SUDPort of the Findin!! Related to Geology ResolutionINa~~05-1 07 Page 19 of 38 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental impact Report Implementation of Mitigation Measure G-l would substantially lessen the adverse impacts of the Shea Homes Residential Project related to erosion impacts to a level that would be less than significant. G-l Prior to issuance of grading permits the project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes a copy of the project's permit issued by the State Water Resources Control Board that identifies the project's permit number and two copies of the Storm Water Pollution Prevention Plan. Level of Significance of lmDacts Related to Geologv lmDacts The adverse impacts of the Shea Homes Residential Project related to geologic impacts would be mitigated to below a level of significance based on the implementation of Mitigation Measure G-l, provided above. 4.2.3.1 Impacts Related to Impacts to Geology According to the preliminary geotechnical report prepared for the project site, the soil conditions on the project site are suitable for the development of the proposed project. However, a construction-level geotechnical report would be needed to evaluate site specific soil liquefaction constraints, soil conditions, building load requirements and to identify design recommendations to ensure the geotechnical stability of the project site. Findings Related to Geologv A mitigation measure has been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the ElR. Facts in SUDDort of the Finding Related to Geolol!V Implementation of Mitigation Measure G-2 below would substantially lessen the adverse impacts of the Shea Homes Residential Project related to geology impacts to a level that would be less than significant. G-2 Prior to issuance of grading permits a construction-level geotechnical report shall be submitted for review and approval to the Building Department and/or Public Works Agency. The report shall address the potential for seismically induced soil liquefaction and soil instability. Based on the study detailed grading recommendations and foundation design criteria shall be provided. Level of Significance of ImDacts Related to Geologv lmDacts The adverse impacts of the Shea Homes Residential Project related to geologic impacts would be mitigated to below a level of significance based on the implementation of Mitigation Measure G-2, provided above. Resolution No. 2005-107 Page 20 of 38 Page 9 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report 4.2.4 Impacts Related to Impacts to Hazards/Hazardous Materials Potentiallv Significant Adverse Impacts Related to HazardsfHazardous Materials There is slight possibility that the existing underground jet fuel line could become active. As a precaution, future property owners would be disclosed of the fuel line. During construction operations there is the potential that the jet fuel line could be damaged. Findings Related to imDacts to HazardsfHazardous Materials Mitigation measures have been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in SUIlDort of the Finding Related to lmllacts Hazards/Hazardous Materials Implementation of Mitigation Measures H-l, H-2 and H-3 provided below, would substantially lessen the adverse impacts of the Shea Homes Residential Project related to HazardsfHazardous Materials, and would reduce this potentially significant adverse impact to below a level of significance. H-l During construction operations near the jet fuel pipeline, a representative from the Department of Defense shall be present to monitor construction activities to ensure that no damage occurs to the jet fuel line. H-2 Prior to the recordation of final subdivision maps, a special disclosure statement of the presence of the jet fuel line is required to be provided on subdivision maps and deeds for the project. H-3 Prior to issuance of grading permits the project developer shall submit to the City of Santa Ana planning Division a letter from the Department of Defense and Cal Trans that adequate access is provided to the Department of Defense fuel line and the Cal Trans sound wall. Level of Si!!nificance of lmDacts Related to HazardsfHazardous Materials The adverse impacts of the Shea Homes Residential Project related to Hazards/Hazardous Materials would be mitigated to below a level of significance based on the implementation of Mitigation Measures H-l, H-2 and H-3, provided above. 4.2.5 Impacts Related to Impacts to Water Quality Potentiallv Significant Adverse ImDacts Related to Water Oualitv Implementation of the proposed project could potentially result short-term construction related water quality impacts and long-term operational water quality impacts. ResolutioRm.1J1005-107 Page 21 of 38 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report Findin!!s Related to imoacts to Water Oualitv Mitigation measures have been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the ElR. Facts in SUODort of the Finding Related to lmoacts to Water Oualitv Implementation of Mitigation Measures WQ-l, WQ-2 and WQ-3 provided below, would substantially lessen the adverse water quality impacts of the Shea Homes Residential Project to a level that would be less than significant. WQ-l Prior to the issuance of grading permits, the project applicant shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit, which includes a copy of the project permit number and two copies of the Storm Water Pollution Prevention Plan. WQ-2 Prior to issuance of grading permits the project developer shall submit and have approved a surface drainage/utility plan that depicts all applicable Site Design Structural Source Control and Treatment Control Best Management Practices in accordance with the Orange County Drainage Area Management Plan and the City of Santa Ana Local Implementation plan. WQ-3 Prior to the issuance of grading permits the project developer shall provide two copies of the Water Quality Management Plan that include the following: (1) Site Assessment (2) Site design BMPs (3) Applicable Routine Source Control BMPs (4) Selection and sizing of Treatment Control BMPs (5) Mechanisms by which funding for long-term operation and maintenance of Structural BMPs will be provided (6) Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable Structural BMPs and to identify the entity in charge of implementation. Level of Significance oflmoacts Related to Water Oualitv The adverse impacts of the Shea Homes Residential Project related to Water Quality would be mitigated to below a level of significance based on the implementation of Mitigation Measures WQ-l, WQ-2 and WQ-3, provided above. 4.2.6 Impacts Related to Impacts to Hydrology Potentiallv Significant Adverse lmDacts Related to Hvdrology Resolution No. 2005-107 Page 22 of 38 Page 11 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report The Public Works Department has preliminary determined that it is feasible that existing drainage facilities within the project area would be able to provide adequate drainage for the project. If existing drainage facilities are not adequate adverse drainage impacts could occur. Findings Related to ImDacts to Hvdrology A mitigation measure has been incorporated into the project, which avoid or substantially lessen the significant environmental effect as identified in the EIR. Facts in Support of the Finding Related to ImDacts to Hvdrology Implementation of Mitigation Measure HY -I provided below, would substantially lessen the adverse impacts of the Shea Homes Residential Project related to hydrology impacts, and would reduce this potentially significant adverse impact to below a level of significance. HY -I Prior to issuance of grading permits the project developer shall submit a final run-off evaluation for review and approval showing the existing and proposed facilities and methods of draining the site without exceeding the capacity of any street or adjacent storm drain facility. Level of Significance of lmDacts Related to Hvdrology The adverse impacts of the Shea Homes Residential Project related to Hydrology would be mitigated to below a level of significance based on the implementation of Mitigation Measure HY -I, provided above. 4.2.8 Impacts Related to Impacts to Air Quality Potentiallv Significant Adverse ImDacts Related to Air Oualitv Implementation ofthe proposed project would result in less than significant long-term and short- term air quality impacts. However dust impacts from construction operations could be nuisance to nearby residential land uses. Additionally, future residents of the project would be exposed to diesel particulate matter. Findings Related to imDacts to Air Oualitv Mitigation measures have been incorporated into the project, which avoid or substantially lessen the project impacts identified in the EIR. Facts in SUDPort of the Finding Related to Impacts to Air Oualitv Implementation of Mitigation Measures AQ-l, AQ-2 and AQ-3 provided below, would substantially lessen the adverse impacts of the Shea Homes Residential Project related to air quality impacts. ResolutioR'III!l.1~05-1 07 Page 23 of 38 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report AQ-l To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans for the proposed project shall reflect the following notes: . All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. Watering with complete coverage shall occur at least twice daily, once in the late morning and once after work is done for the day. . All clearing and earthwork activities shall cease during period of high winds (winds greater than 25 mph averaged over one hour) or during Stage 1 or Stage 2 smog episodes. . Streets surrounding the project site should be cleaned at the end of each day of construction. . The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. . Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. AQ-2 Prior to the building permit final, a disclosure statement on the risks and potential exposure to Particulate Diesel Matter shall be provided on all final subdivision maps grant deeds for the project. AQ-3 Prior to commencement of construction activities, the project developer shall identify to the City a construction relation officer to act as a community liaison concerning onsite construction activity impacts. The name and phone number of the construction relation officer shall be posted on the project site. Level of Significance of Impacts Related to Air Oualitv The adverse impacts of the Shea Homes Residential Project related to air quality would be minimized based on the implementation of mitigation measure AQ-l, AQ-2 and AQ-3 provided above. 4.2.8 Impacts Related to Interior Living Area Noise Impacts Potentiallv Significant Adverse Noise Imllacts Related to Interior Living Areas Implementation of the proposed project would result in interior living areas being significantly impacted with traffic noise. Findings Related to Noise lmDacts to Interior Living Areas Resolution No. 2005-107 Page 24 of 38 Page 13 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report Mitigation measures have been incorporated into the project, which avoid or substantially lessen the project impacts identified in the EIR. Facts in SUIlDort of the Finding Related to Noise Impacts to Interior Living Areas Implementation of Mitigation Measures N-5, N-6, N-7, N-8 and N-9 provided below, would substantially lessen the adverse impacts of the Shea Homes Residential Project related to interior living area noise impacts to a level that would be less than significant. N-5. Building plans for all residential units shall reflect the following construction details: . The roof/ceiling assembly shall incorporate concrete or composition tiles on the exterior and a minimum Yi" gypsum drywall on the interior surface of the living area. Roofs shall be sloped and attic spaces shall be insulated with fiberglass insulation. . Exterior walls shall be wood stud construction with stucco exteriors and a minimum \1," gypsum drywall on the interior. All exterior walls shall include fiberglass insulation in the stud cavities. . All operable windows shall have a rating ofSTC-24. All fixed windows shall have a rating of STC-28. . All entry doors shall have a rating of STC-28. N-6. The building plans for the Traditions Plan 2 on Lots 10, 22 and 27 shall reflect the following construction details: . The Retreat shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-26 or STC-28. . The Library shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-32 or STC 35. All fixed windows shall have a rating ofEWNR-36 or STC-40. All entry doors shall have a rating ofEWNR-29 or STC-32. . Bedroom 3 shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-32 or STC-35. All fixed windows shall have a rating ofEWNR-36 or STC 40. All entry doors shall have a rating of EWNR-29 or STC 32. N-7. The building plans for the Renaissance Plan 3 on Lots 11, 23, and 26 shall reflect the following construction details: . The Retreat shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-26 or STC-28. Resolutio/lm.11005-107 Page 25 of 38 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report . Bedroom 2 shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-32 or STC-35. All fixed windows shall have a rating ofEWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. . Bedroom 3 shall be installed with attic baffles. All operable windows shall have a rating ofEWNR-32 or STC-35. All fixed windows shall have a rating ofEWNR-36 or STC 40. All entry doors shall have a rating ofEWNR-29 or STC 32. N-8 The building plans shall reflect that mechanical ventilation shall be provided for residential units located on residential Lots 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 19,20,21,22, 23,24,25,26,27,28,29,30. N-9 Prior to the building permit final for residential lots 10, 11,12,22,23,26 and 27, the project developer, at their sole expense, shall conduct a noise monitoring analysis to ensure that the residential units on residential lots 10, 11,22,23,26 and 27 achieve an interior noise level of 45 CNEL. Level of Silmificance of lmDacts Related to Interior Living Area Noise lmoacts The adverse impacts of the Shea Homes Residential Project related to air quality would be reduced to a less than significant level with the implementation of Mitigation Measures N-5, N-6, N-7, N-8 and N-9, provided above. 4.2.9 Impacts Related to Construction Noise Impacts Potentiallv Significant Adverse Imoacts Related to Construction Noise Imoacts Implementation of the proposed project would result in significant construction noise impacts, if the project does not adhere to the City's Noise Ordinance. Findings Related to Noise lmDacts to Construction Noise ImDacts Mitigation measures have been incorporated into the project, which avoid or substantially lessen the project impacts identified in the ElR. Facts in SUDport of the Finding Related to Construction Noise lmDacts Implementation of Mitigation Measures N-l, N-2, and N-3, provided below, would substantially lessen the adverse impacts of the Shea Homes Residential Project related to construction noise impacts. N-l Grading Plans and Building Plans for the proposed project shall note that construction activities on the project site shall take place between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday and 8:00 a.m. to 8:00 p.m. on Saturdays and no construction activity on Sundays or federal holidays. No construction equipment on the project site Resolution No. 2005-107 Page 26 of 38 Page 15 Shea Homes Residential Project Findings and Facts in Support of Findings Environmentallmpac/ Report shall operate including warming up until after 7:00 a.m. Monday through Friday and after 8:00 a.m. on Saturdays. N-2 Grading Plans and Building Plans for the proposed project shall note that all construction equipment shall be properly maintained and tuned to minimize noise emissions, N-3 Grading Plans and Building Plans for the proposed project shall note that all equipment shall be fitted with properly operating mufflers and air intake silencers. Level of Significance oflmDacts Related to Construction Noise lmDacts The adverse impacts of the Shea Homes Residential Project related to construction noise impacts would be minimized with the implementation of Mitigation Measures N-l, N-2, and N-3, provided above. 4.3 IMPACTS 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 Shea Homes Residential Project are less than significant and no mitigation is required. 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 adverse and which required further study in an EIR. The IS also provided analysis on the environmental impacts 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 findings of the IS are summarized in Section 4.0 (Effects Found Not to be Significant) in the ElR. The ElR and 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 Aesthetics The project site is situated within an urban setting. According to the City's General Plan, the project site is void of any scenic vistas or scenic resources. Additionally, there are no aesthetic resources located along a State Highway within the vicinity of the project site. Implementation of the proposed project would not result in significant impacts to any scenic vista or scenic resource on the project site. 4.3.2 Agriculture According to the California Department of Conservation Farmland Mapping and Monitoring Program, the project site does not contain Unique Farmlands, Prime Farmlands or Farmlands of Statewide Importance. Based on the City's General Plan, the project site is not planned for agricultural uses. Additionally, the project site is not included within any existing Williamson Contracts. A site visit conducted by the City's Environmental Coordinator confirmed the project ResolutioR'III8.12005-107 Page 27 of 38 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report site is currently not in agriculture production. Implementation of the proposed project would not result in adverse impacts to any agriculture resources. 4.3.3 Air Quality The operation of the proposed project would not generate objectionable odors to the public. During construction operations some objectionable odors could be emitted from construction equipment. However, the potential odor impacts would be short-term and would be considered less than significant. 4.3.4 Biological Resources The project site is situated within an urban setting. According to the California Department of Fish and Game Natural Diversity Data Base and the City's Updated General Plan Land Use Element ElR, there are no sensitive biological resources located on or within the nearby vicinity ofthe project site. Implementation of the proposed project would not result in any adverse impacts to any sensitive biological resources. 4.3.5 Cultural Resources The project site is currently vacant and void of any structures. Implementation of the proposed project would not result in significant impacts to any historical structures. According to the City's Updated General Plan Land Use Element EIR, the project site is not located in an area where paleontological resources are known to exist. Given the age and geology of the project area, it is unlikely that unknown paleontological resources would exist on the project site. Implementation of the proposed project would not result in adverse impacts to any paleontological resource. 4.3.6 Geology/Soils According to the geotechnical report prepared in association with previously approved Mitigated Negative Declaration ER 01-24 there are no known active faults or landslides on the project site. Implementation of the proposed project would not increase the risk for ground rupture or landslide impacts. According to the geotechnical report prepared in association with previously approved Mitigated Negative Declaration ER 01-24 the project site does not contain any unique geologic features. The proposed project would connect to existing sewer systems within the project area. No impacts associated with the use of septic tanks or alternative wastewater disposal systems would occur. 4.3.7 Hazards The construction and operation of the proposed project would not involve the emission of hazardous or acutely hazardous materials. Resolution No. 2005-107 Page 28 of 38 Page 17 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report According to previously approved Mitigated Negative Declaration ER 01-24, the project site is not identified as a hazardous material site, pursuant to Section 659662.5 of the Government Code. Implementation of the project would not create a significant hazard to the public or the environment. According to the Orange County Airport Environs Land Use Plan, the project site is not located within an accident potential zone or clear zone. Additionally, the City's General Plan does not identify that the project site is located within a FAA Notification Area. Implementation of the proposed project would not result in any airport related safety hazards to people residing in or working within the project area. 4.3.8 Hydrology and Water Quality Ground water is at a depth where the proposed project would not impact groundwater supplies. Additionally, the proposed project would not interfere with ground water recharge because the site is not located in an area that is kDown to recharge the ground water system. Implementation of the proposed project would not result in significant impacts to any underground water supplies. The project site is located entirely in Zone X, which is defined as areas beyond the limits of the 100- year flood hazard. 4.3.9 Land Use The project site is currently vacant and was the former location of a commercial office use. The project site is surrounded by low density residential land uses to the south and to the west. The long-term operation of the proposed project would be compatible with existing residential land uses in the area. Less than significant land uses impacts would be associated with implementation of the proposed project. The proposed project is consistent with the General Plan. According to the City's General Plan, the project site is not included within any habitat conservation plan or any natural community conservation plan. Implementation of the proposed project would not be in conflict with any habitat conservation plan 4.3.10 Mineral Resources According to the City's Updated General Plan Land Use Element EIR there is no areas in Santa Ana that are designated significant Mineral Aggregate Resource Areas. Implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. 4.3.11 Noise According to the Orange County Airport Land Use Commission Airport Environs Land Use Plan for John Wayne Airport, the project site is not impacted with high levels of aircraft noise. ResolutioR'ItIe.l~05-1 07 Page 29 of 38 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report 4.3.12 Population and Housing The proposed project is consistent with the City's General Plan. The increased population and housing stock generated by the proposed project would not significantly exceed the local and regional housing and population projections for the City of Santa Ana. There are no existing residential uses located on the property. Implementation of the proposed project would not displace any existing onsite residential uses or any offsite residential uses surrounding the project site. 4.3.13 Public Services The proposed project would not substantially increase the demand for fire protection and emergency medical services. The Santa Ana Fire Department has indicated that it does not anticipate any significant constraints in providing fire protection and emergency medical services to the proposed project. Implementation of the proposed project would not significantly increase the demand for police protection services or increase the existing response times within the project area. The Santa Ana Police Department has indicated that under existing levels of manpower and equipment, they would have the ability to provide adequate police protection services. The payment of impact fees to the SAUSD would reduce project-related impacts to school services within the SAUSD to a level considered less than significant. The proposed project would not significantly increase the demand for park uses. To help maintain and/or expand recreation facilities within the City, the proposed project would be subject to the City's park acquisition and development impact fee. With the payment of park fees, potential impacts to park and recreation facilities would be less than significant. 4.3.14 Recreation Implementation of the proposed project would not significantly increase the demand for recreational facilities. With the payment of park acquisition and development impact fees, potential park and recreation impacts would be less than significant. 4.3.15 Transportation The traffic volumes generated by the project would not exceed the projections in the City's Circulation Element and would not reduce the level of service of any project area intersection or roadway segment to an unacceptable level. Implementation of the proposed project would not result in any changes to air traffic patterns. Nor would the proposed project result in any substantial safety risks related to aircraft traffic. Both the Fire Department and Police Department have indicated that the proposed project would not pose any emergency access constraints. Resolution No. 2005-107 Page 30 of 38 Page 19 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report The proposed project includes a mix of two car and four car garages. Each residential dwelling unit would be provided with four parking spaces. Implementation of the proposed project would not result in an adverse parking impact. The proposed project would not be in conflict with any adopted policies regarding alternative modes of transportation. Implementation of the proposed project would not displace any existing modes of public transportation provided within the project area. 4.3.16 Utilities According the Santa Ana Water Department there is adequate water supplies to meet the water demands of the proposed project. The Water Department has indicated that water demands of the proposed project could be provided through connections to the existing 8" water main along Farmers Drive. According the Santa Ana Water Department there is adequate capacity to meet the wastewater demands of the proposed project. The Water Department has indicated that wastewater demands of the proposed project could be provided through the construction of new connections to the existing 8" sewer main along Farmers Drive. The proposed project would not require an expansion of the treatment capacity at Reclamation Plant 1. Nor would the wastewater flows from the project exceed wastewater treatment requirements of the State Regional Water Quality Control Board. Implementation of the proposed project would increase the amount of surface water runoff generated from the project site. The project would require the construction of new onsite drainage facilities. However, the construction of these facilities would not cause significant impacts to the environment. The proposed project would have a solid waste disposal demand of345 pounds per day which would have less than significant impact on solid waste disposal service. 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 Mitigation Monitoring Program (MMP) for the Shea Homes Residential Project, accompanying the Final ErR, is designed to serve this purpose for the mitigation measures identified in the Final ElR. 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 ElR and has been designed to ensure compliance during implementation of the project. Resolutioli'm.~05-1 07 Page 31 of 38 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report The City finds that the impacts of the project have been mitigated to the extent feasible by the mitigation measures identified in the Final ElR and the MMP. The City adopts the MMP for the Shea Homes Residential 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 Shea Homes Residential Project. The City approves and will implement all the mitigation measures in the Final ErR. 6.0 AL TERNA TIVES An ErR 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 ElR 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 ErR, 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. Those alternatives, which met the basic objectives and avoided or lessened adverse project impacts, were advanced for further evaluation in the ErR. Those alternatives, which did not meet the basic objectives or which did not lessen adverse project impacts, were not advanced in the ErR for further evaluation. 6.1 ALTERNATIVES CONSIDERED BUT NOT ADVANCED IN Em FOR FURTHER EVALUATION Potential alternatives to the Shea Homes Residential Project were considered by the City but were not advanced for further evaluation in the ErR. The alternatives failed to carry out the goals and objectives of the proposed project. The reasons the alternatives were not advanced are described in the following Sections. 6.1.1 Alternative Location Because the City of Santa Ana is nearly built out, very little opportunity exists for an alternative site to be developed that meets the same or similar objectives of the project and which is designated for single family residential uses by the City's General Plan and Zoning Ordinance. Because of the limited availability of land in the City, the Alternative Location Alternative was not advanced for further review in the ElR. 6.1.2 Commercial Office Development Previously, located on the project site was a commercial office use. The Commercial Office Development Alternative would not be consistent with the General Plan and would not meet the objectives of the project to provide residential uses on the project site. Therefore, the Commercial Office development Alternative was not advanced for further review in the ElR. Resolution No. 2005-107 Page 32 of 38 Page 21 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report 6.2 AL TERNA TIVES ADVANCED FOR FURTHER EV ALVA TION IN THE EIR 6.2.1 No ProjectJExisting Conditions Alternative Under the No Project Alternative, the project site would be developed in accordance with the City's current Single Family Residential (R-l) zoning on the property. Under the current zoning, a total of 36 residential units could be developed. Additionally, the R-l zoning would only permit a maximum 8-foot sound wall to be constructed along the rear yards of residential uses adjacent to the Santa Ana Freeway, unless a variance was granted. Therefore, the existing 10-foot to l6-foot CalTrans sound wall would provide the primarily sound attenuation for the proposed residential uses. Under the No Project Alternative, the project would not be able to meet the City's exterior noise standard and the second story of residential units adjacent to the sound wall would not be able to meet the City's interior noise standard. Because the alternative would not reduce the significance of noise impacts, the No Project Alternative would not be considered an environmentally superior alternative. 6.2.2 Compliance with Noise Standards by Construction of Sound Wall Alternative Under the Compliance with Noise Standards by Construction of Sound Walls Alternative, the proposed project would be able to comply with the City's exterior and interior noise standards through the construction of a sound wall ranging in height from 16.5-feet to 50-feet. However, the City has determined that a sound wall exceeding 20-feet would result in significant aesthetic impacts and would not be feasible to construct. While the alternative would allow the project to comply with the City's noise standards, it would result in significant aesthetic impacts. Because the project would still have unavoidable significant impacts, the Compliance with Noise Standards by Construction of Sound Walls Alternative would not be considered environmentally superior. 6.2.3 Compliance with Noise Standards by Building Setback Alternative Under the Compliance with Noise Standards by Building Setback Alternative, the proposed project would be able to comply with the City's exterior noise standard by locating the proposed residential units at a distance where the project would be within 65 CNEL contour. However, in order to do this, the residential units would need to be located 3,497-feet away from the existing sound wall on the project site. At this distance the 65 CNEL would extend beyond the property and would preclude the development of residential uses on the project site. Because the project would not meet the objective to provide residential uses on the project site, the compliance with Noise Standards by Building Setback Alternative would be not considered environmentally superior. 6.3 COMPARISON OF IMP ACTS Table 1 compares potentially significant impacts of the Shea Homes Residential Project with the No Project Alternative, Sound Wall Alternative and the Building Setback Alternative. Resolutio/l''Iill.~05-1 07 Page 33 of 38 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report Table 1 Shea Homes Residential Project and Project Alternative Impact Comparison Sound Wall Building Impact Category Proposed Project No Project Alternative Setback Alternative Aesthetics Less than Less Than Significant Less Than Significant with Significant with Impact Significant with Mitigation Mitigation. Mitigation. Slightly less Slightly less impacts impacts compared to compared to proposed proposed proiect proiect Noise Significant Impact Significant Less than Less than Impact. Significant. Less Significant. Comparable Noise impacts Less Noise impacts to compared to impacts proposed proposed compared to project. project. proposed proiect. Air Quality Less Than Less Than Less Than Less Than Significant with Significant with Significant with Significant with mitigation mitigation. mitigation. mitigation Less Impacts Impacts Diesel comparable to comparable to Particulate proposed proposed Matter Impacts project. project. compared to Proposed Proiect Hazards Less than Less than Less than Less than significant with significant with significant with significant with mitigation mitigation. mitigation. mitigation. Impacts Impacts Impacts comparable to comparable to comparable to proposed proposed proposed proiect. proiect. proiect. 6.4 ENVIRONMENTALLY SUPERIOR ALTERNATIVE The proposed project would be subject to unavoidable significant noise impacts to exterior living areas. The implementation of the Sound Wall Alternative and the Building Setback Alternative would reduce the exterior living area noise impacts to a level that would be less than significant. However, additional significant impacts would occur and the project objectives would not be achieved. With this consideration, the Proposed Project would provide the highest feasible level of sound attenuation to minimize the unavoidable exterior living area noise impacts while meeting the objectives of the project. Therefore, the Proposed Project is considered the Environmentally Superior Alternative. Resolution No. 2005-107 Page 34 of 38 Page 23 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report 7.0 STATEMENT OF OVERRIDING CONSIDERATIONS Section l5093(b) of the CEQA Guidelines provides that when the decision ofa public agency results in the occurrence of unavoidable significant adverse impacts identified in the Final ElR, the public agency must state in writing the reasons to support its actions based on the Final EIR and/or other information in the record. The City of Santa Ana has considered the benefits of the Shea Homes Residential Project against its unavoidable adverse environmental impacts associated with it, and has determined that the benefits the City would realize through the development of the Shea Homes Residential Project would outweigh the unavoidable significant adverse environmental impacts of the project. Each of the separate benefits of the project is stated below, and provides the basis for overriding the unavoidable adverse impact, identified in these Findings. (a) The proposed project is consistent with the General Plan and would implement the following General Plan Policies; . Support new development which is harmonious in scale and character with existing development in the area. . Support development which provides a positive contribution to neighborhood character and identity. . Encourage new development and/or additions to existing development that are compatible in scale, and consistent with the architectural style and character of the neighborhood. . Protect the community from incompatible land uses. . Support land uses which are consistent with the Land Use Plan of the Land Use Element. . Encourage development which is compatible with, and supportive of surrounding land uses. . Facilitate the development of new housing units and opportunities for all segments of the community. . Projects must acknowledge and improve their surroundings with the use of creative architectural design, streetscape treatments and landscaping. . New development must be consistent with the scale, bulk and pattern of existing development. ResolutioR'IlIll.~05-1 07 Page 35 of 38 Shea Homes Residential Project Findings and Facts in Support of Findings EltVironmental Impact Report · New development must exhibit a functional, comfortable scale in relation to its neighborhood. · New developments must re-enforce, or help establish district character. · Development and subdivision patterns are to be compatible with existing patterns of development in and around districts and neighborhoods, and provide a smooth transition along designated edges. · Support new development of single family residential lots on a minimum area of 6,000 square feet. · Coordinate street and parkway designs that are attractive, functional and compatible with adjacent on-site development. (b) The proposed project would be a compatible land use with the surrounding area. (c) The project site has limited access and is situated in a residential area. The development of the project site with alternative land uses, such as commercial uses or industrial land uses could potentially result in adverse land use and traffic impacts to the surrounding residential areas. (d) Approval of the proposed project would have a positive contribution to the economic and social health of the northeastern part of the City of Santa Ana by providing high quality single family residential land uses in the project area, thereby improving the City's economic health, and housing stock. (e) The project site is currently disturbed and aesthetically unpleasing. The proposed project would development the project site with high quality residential uses improving the aesthetic appearance of the project site and surrounding area. (f) The proposed project would provide 36 single family dwellings. The unavoidable exterior living noise impacts associated with the project would only occur on 4 dwelling units adjacent to the Interstate 5. The remaining 32 dwelling units would not be impacted with unavoidable exterior noise impacts. (g) The proposed project would provide the highest feasible level of sound attenuation to minimize unavoidable exterior living area noise impacts while meeting the objectives of the project. (h) Implementation of the project alternatives would result in additional significant aesthetic impacts and would not achieve project objectives. (i) The proposed project would allow the City to achieve the following project objectives, which would benefit the City of Santa Ana. The project would: Resolution No. 2005-107 Page 36 of 38 Page 25 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report . To provide additional single family detached housing opportunities in the north eastern area of the City of Santa Ana. . Provide a residential community that would be compatible in scale and design with existing residential uses in the project area. . To provide a planned community of large single family homes on large lots. . To provide infill housing opportunities on one of the last remaining vacant parcels in the City. 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 Shea Homes Residential Project related to exterior living area noise impacts 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 ElR are located at the City of Santa Ana, Planning and Building Department, 20 Civic Center Plaza, Santa Ana, California, 92702. Some documents referenced 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 the following findings with respect to each significant adverse impact of the proposed project, as identified in the Final ElR: . Mitigation measures have been incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the ElR. . Specific economic, legal, social, technological or other considerations make infeasible mitigation measures or project alternatives identified in the Final ElR to reduce unavoidable significant impacts to a level that would be less than significant. 2. Based on the Findings stated herein and information contained in the record, it is hereby determined thaI: 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. Resolutioll'llll!2~()05-107 Page 37 of 38 Shea Homes Residential Project Findings and Facts in Support of Findings Environmental Impact Report 10. APPROVALS The City hereby takes the following actions: I. 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 ElR (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 ErR, 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 Shea Homes Residential Project, as described in the Final EIR, including the site approval and design. Resolution No. 2005-107 Page 38 of 38 Page 27