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Home My WebLink About31A - 1715 NORTH BRISTROL ST REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 5, 2007 TITLE: CONDITIONAL USE PERMIT NO. 2006-23 TO ALLOW AFTER HOURS OPERATIONS AND CONDITIONAL USE PERMIT NO. 2006-24 TO ALLOW PARKING IN THE R2-B ZONE FOR A PROPOSED WALGREENS AT 1715 NORTH BRISTOL STREET - EV;2EN DEVCO, APPLICANT Q8- (Aa- ~ CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED D As Recommended D As Amended D Ordinance on 151 Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Receive and file the staff report approving Conditional Use Permit No. 2006-23 as conditioned Conditional Use Permit No. 2006-24 as conditioned. PLANNING COMMISSION ACTION On February 12, 2007, the Planning Commission approved and adopted the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-208; adopted a resolution approving Conditional Use Permit No. 2006-23 allowing operations between the hours of 12:00 midnight and 5:00 a.m. as conditioned; and adopted a resolution approving Conditional Use Permit No. 2006-24 allowing parking in the portion of the site that is zoned two-family residence with a B suffix (R2-B) as conditioned by a vote of 7:0 for a proposed Walgreens at 1715 North Bristol Street (Exhibit A). The Planning Commission added a condition to install decorative driveway approaches on the Bristol and Seventeenth Streets entrances to create visual consistency with the development across Bristol Street. In addition, the Planning Commission, in concurrence with the Police Department, removed Police Department condition No. 13J of CUP 2006 -23, which required the installation of audio recording component of the closed circuit television system at the public counter. FISCAL IMPACT There is no fiscal impact associated with this action. J:ay M. Trevino E utive Director Planning & Building Agency LL:rb 11\reportB\PC and ZA\cup06-23&24.cc 31A-1 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 12, 2007 TITLE: PUBLIC HEARING - FILED BY EVERGREEN DEVCO FOR CONDITIONAL USE PERMIT NO. 2006-23 TO ALLOW AFTER HOURS OPERATIONS AND CONDITIONAL USE PERMIT NO. 2006-24 TO ALLOW PARKING IN THE R2-B ZONE FOR A PROPOSED WALGREENS AT 1715 NORTH BRISTOL STREET Prepared by Lucy Linnaus PLANNING COMMISSION SECRETARY APPROVED o As Recommended o As Amended o Set Public Hearing For DENIED o Applicant's Request o Staff Recommendation CONTINUED TO ~/', .. Executive Director ~~- Planning Mana r RECOMMENDED ACTION 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2005-208. 2 . Adopt a resolution allowing operations a.m. as conditioned. approving Conditional between the hours of Use Permit No. 2006-23 12: 00 midnight and 5: 00 3. Adopt a resolution approving Conditional Use Permit No. 2006-24 allowing parking in the portion of the site that is zoned R2-B in conjunction with the new commercial building as conditioned. DISCUSSION Request of Applicant Shane Arters of Evergreen Devco on behalf of Walgreens is requesting approval of two conditional use permits in conjunction with the construction of a new retail store at 1715 North Bristol Street. Specifically, the applicant is requesting conditional use permits to allow business operations between the hours of 12:00 midnight and 5:00 a.m. and to allow parking in the portion of the site that is zoned Two-Family Residence with a B suffix (R2-B). Property Description The project site lS a 51,525 square foot, rectangular shaped parcel located on the northeast corner of Bristol and Seventeenth Streets. The site is currently developed with a 3,000 square foot Burger King fast-food EXHIBIT A 31A-2 Conditional Use Permit Nos. 2006-23 and 24 February 121 2007 Page 2 restaurant with drive-through serVlce and a 6/500 square foot medical/retail building. The site has three zoning designations: Community Commercial (C-1) I Two-Family Residence with a B suffix (R2-B) and Bristol Street Corridor Specific Plan (SP-1) I with corresponding General Plan land use designations of General Commercial (GC) I Low Density Residential (LR-7) and Open Space (OS) (Exhibit 1) . Surrounding land uses include residential uses to the northl uses to the east and west I and office and school uses to (Exhibi t 2) . commercial the south Project Description The applicant proposes to construct a new 11/200 square foot Walgreens retail store building. The store will operate 24 hours a daYI seven days a week and will provide a two-lane drive-through for the pharmacy. In compliance with the SP-1 building location and landscape requirements I the building will be located off a pedestrian plaza facing Bristol Street. The plaza will be finished with decorative paving and landscaped with double rows of palm trees that will continue the Bristol Street corridor theme. The proposed building is mostly a single story structure (10 1500 square feet) and has a small (700 square feet) mezzanine to be used for general stock. The architecture of the building is contemporary with a simple massing punctuated by raised architectural features at the building corners. The building will be finished with two-tone plaster with decorative split face block at the base and on pilastersl slate accents on pilasters facing Seventeenth Streetl aluminum storefront and decorative steel trellises and awnings. Pursuant to the SP-1 architectural standards I the building entrance is located at the buildingl s chamfered corner and faces the streets. To accommodate direct access from the parking loti a second entrance is provided. Both building entrances are highlighted with a tower element with columns accented in slate with natural color concrete above and metal roof in copper tone supported by rough sawn wood rafters with exposed rafter tails. The maximum height of the building is 30 feet at the tower roof peak. The project provides the required 56 parking spaces and meets the landscape standards for the SP-11 C-1 and R2-B zone districts (Exhibits 31 41 5 and 6) . In order to construct the new buildingl the applicant proposes to demolish a 3/000 square foot-fast food restaurant with drive-through service I a 6/500 square foot medical/retail building and their related parking lot and landscape areas. 31A-3 Conditional Use Permit Nos. 2006-23 and 24 February 12, 2007 Page 3 Analysis of the Issues In 1988, the City Council approved the rezoning of a portion of this site from R2 to R2-B, to allow the construction of the current existing development. The intent of this action was to restrict the future use of the northern portion of the lot to parking only, thus creating a permanent buffer zone between the commercial use facing Seventeenth Street and the residential uses to the north of the property. This action also allowed the City to impose the development standards for the B suffix, which were developed to mitigate noise, light and traffic intrusion into the residential neighborhoods. In 1999, the City modified the Santa Ana Municipal Code (SAMC) to require a conditional use permit to allow parking in conjunction with a commercial use on any property with a B suffix in order to allow public participation and appropriate additional conditions should the project and setting warrant. The proposed project will meet all B suffix development standards. A six- foot high masonry wall and a five-foot landscaped buffer will be provided to separate the parking from the residential uses. The site lighting has been designed and located so as not to impact the residential properties to the north. A private access to Baker Street via existing easements running across the parcels facing Seventeenth Street between Bristol and Baker Streets required in 1988 will be preserved (Exhibit 7). The private access to Baker Street is intended to provide an alternative outlet for vehicles which might otherwise utilize Eighteenth Street, a residential street, to travel east to Baker Street. The new retail building and drive-through service will be constructed in its entirety on the portion of the lot that is zoned C1 and is allowed by right. To prevent the site from becoming an attractive nuisance, the Planning Division is recommending conditions of approval, such as an electronic shopping cart system (Cartronics) to be installed over the driveways and plaza to ensure the shopping carts remain within the site, requiring low volume speakers at the drive-through and monitoring of the parking lot have been added. A conditional use permit is also required for retail establishments having less than 20,000 square feet of floor area that are open at anytime between the hours of 12:00 midnight and 5:00 a.m., since these businesses have the potential to impact surrounding businesses and residential neighborhoods. The proposed retail store will operate 24 hours a day, 7 days a week. The proposed store will offer general merchandise, pharmacy and photo services to the community and will not be selling any alcoholic 31A-4 Conditional Use Permit Nos. 2006-23 and 24 February 12, 2007 Page 4 beverages (Exhibit 8). The use will serve the adjacent commercial and residential neighborhoods and allow the community to purchase items generally unavailable during these hours from other retail establishments. The Planning and Police Departments are proposing conditions of approval to prevent the site from becoming an attractive nuisance and mitigate any potential unforeseen problems. The Police Department' s conditions generally refer to business operations and physical improvements to improve employee and customer safety, such as requiring that pay phones be located within the interior of the store and maintaining visibility of the store interior from the street. The police department proposes a review of the project at 90 days, six months, one year and annually thereafter to ensure that the business is in compliance with conditions approved for the project. In summary, the project will not create additional negative impacts to the surrounding business and residents and is compatible with the City's General Plan. Therefore, staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-23 to allow parking in the R2-B zone and Conditional Use Permit No. 2006-24 to operate after hours as conditioned. CEQA Compliance In accordance with the California Environmental Quality Act (Title 14 of the California Code of Regulations, Section 15063), Mitigated Negative Declaration and Mitigation Monitoring Program Environmental Review No. 2005-125 has been prepared for this project (Exhibit 9). Lucy L nnaus Assoc ate Planner ! i~ i,../l , .' \/....... '-I vincent Fr Senior Pla LL:jm 11\reports\PC and ZA\cup06-23&24.pc 31A-5 o ~ R1 ~ R1 ~ R1 R1 R1 R1 R1 R1 R1;;: I (/jIB; R1 R1 " w >-' <f) R1 c: ~ 9 u. R1 R1 ~ < w z " '" > o R1 ^ l? t5 g I "TH ST ,r:li ,,;~ r;ll "I~!I C1~ I C1 IE 0E o R2 rnI]]ffi:~ ~; E ::: " GDDrn[J~f " "' ~ ~BG[ Urr= 115'1'- ...-2896 R1 ~~R1. ~~ ~- ~ C2 17TH ST. R1 16TH R1 o >-' m ...J o ?- m a: al R1 L2 ~ ~ 108, : flJ L ~I ~I R1 149.8' R2 ---ll611.S l:lIH :>1 R1 111H 51. R1 R1 10lH :51 R1 R1 R1 R1 91H Sf R1 R1 A1 -B C-SM C1 Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM. COMMERCIAL-MUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS-ARTIST' VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC M1 M2 MO o P PCD PRD COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT R1 R2 R3 R4 RE SD SP SINGLE-FAMILY RESIDENCE TWO-FAMILY RESIDENCE MULTIPLE-FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN CUP 06-23 & CUP 06-24 WALGREENS 1705 NORTH BRISTOL STREET iA r9(' - = 500 FEET 1" = 1000 FEET P LAN N N G AND B U L 0 N G AGE N C Y VICINITY MAP 1fl~~1 -.J <( (,) a: lJJ ::; ::; o (,) SEVENTEENTH SCHOOL . I- W W a:: l- (/) TWO 'AMILY RESIO NTlAL SIN L E FAMILY RES I 0 N T I L ~~ ~ ~ \S'~ OFFICES STORE TWO 'AMILY S / N G L E F AM/ L Y RES IDE N T I A L RESID NTlAL AND BUILDING EIGHTEENTH STREET -oJ o I- !Q a:: m t-= (/) W (/) ::::) o -oJ STREET COMMERCIAL J:: Cf) <( :;: a: <( (,) ~ rPY' PLANNING COMM RCIAL COMMERCIAL CUP 06-23 & CUP 06-24 WALGREENS 1705 NORTH BRISTOL STREET AGE N C Y LAND USE MAP EXHIBIT 2 31A-7 " z ~ .. z " u; w o <(::! o~ :::Ei o::~ ~ ~ ; o ~ .~ i~~ ii~9 H! ~!~ ~ :liS" _~l:. <( l- e( ~t;; Cl " to- ~~ ~ ~;:~ .' ~ I ! ~ ~~" ~: . ~~ ~~: "'- ~U ~~ ~@!j .~! ~g\i ~~ ~ ~~ ~~S ~ ~ n r> :;; vl<l! " n~ ~~ ~~ ~~ . ~ ~ ~ ... ~ ~ ~. ~~"~ ~~> .. :~I~ .~~ ~g~~i ~~.. '~i,,' ~i~ ~"~i~ ~~~ ~iN ~h i..~. 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(HdVll SV) ~ ~~3~~S_191SI~8 - - - - ~ CUP '~~\Pf6-24 M.~ l~: ~12o'''501 l~~@@~ ~~f~~~ ~i~8S: ~Jnm mm! ~ (5 ~~~.t~ ~~5h~~ d ~ ~~~:1 ~~;~~~3 ~ ~ ~.~ ~i~~~~O :2 ~ ~& ~~~~;~i ~ :s ~8i8~~8 ~~~~ c.. <( ::2 ~ z U ;; z <( ...J c.. UJ c.. t3 (J) " o z <( ...J ~; ! --0 c-' III Iii I:. , III Ii 'j. I" !Jll!!,! ~! m:. .1. ! 1 i I . I !!~ I !l! !IIi!1 hi li:A.l '"l'l! , .. H~J _J< " ~ ~ ~ ~ ~ . ~ ~ ~ ~ . . ; i ~ ~ " ~ "- i ~ ! ~ a: " I- ~ ~ 000 0 -' i! UJ Cl ! ~ i i: ~i ~ F ~ Ii ~ Cl ! I ! , II " II -' <i' I- W Cl " Z >= Z ~ "- <Xl ::> co J: <f) ! I 8 'I'!<' !' I !.I" ~~ ~~ -' i! w o '" z ;;: ::> '" UJ UJ a: I- -' <i' t;; Cl ffi o '" UJ J: W t;; co o z o o ~ ~ ~ ~ ~s ~f ..., c: OJ E OJ Vl co W 1.1- o c: o :p CO U o ...J CUP 06-23 & CUP 06-24 3~Dt2 "",-z ..., OJ OJ ~ OJ o 1-; ..., .- (J)(J) 'co .8 ..., Vl ~~ Vl..c: c:~ OJ 0 ~Z Cl - LO co.,..-i Sr-.... .,..-i II ~~ November 20. 2006 City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Re: Walgreens #10397. NEC of Bristol and 17dl. Santa Ana. CA To Whom It May Concern: The Walgreens store at the above address will not be selling any packaged or prepared alcoholic beverages. . Please contact me with any questions or comments. Sincerely, Walgreens Realty Resources, LLC ~1lfrrJv-.. J~ieJ. Meyers, AlA Project Architect Facilities Planning, Design & Engineering 106 Wilmot Road, MS # 1620 Deerfield. IL 600 15 WALGREEN CO CORPORATE OFFICES 106 WILMOT ROAD DEERFIELD, ILLINOIS 60015 WWW.WBlgreens.com CUP at-d3A ~eo6-24 't:il4ilJIT 8 . . MAYOR Miguel A. Pulido MAYOR PRO TEM Carlos Bustamante COUNCILMEMBERS Claudia C. Alvarez P. David Benavides Michele Martinez Vincent F. Sarmiento Sal Tinajero CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. Box 1988 . Santa Ana, California 92702 (714) 667-2700. Fax (714) 973-1461 www.santa-ana.org POSTED JAN t 7 2007 TOM DALY. CLERK.RECORDER NOTICE OF INTENT By C~ DEPUTY TO ADOPT A MITIGATED NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: Walgreens Retail Store Project Description: The proposed project consists of the construction of a new 11,127 square foot Walgreens retail store building and related parking and landscape. The proposed store will provide a drive-thru service and operate 24 hours a day. In order to construct the new building, the applicant proposed the demolition of a 3,000 square foot- fast food restaurant with drive-through service, a 6,500 square foot medical/service building and their related parking lot and landscape. Project Location: 1715 North Bristol Street Project Number: CUP No. 2006-23, CUP No. 2006-24 and ER 2005-208 Public Review Period: January 18, 2007 to February 7,2007 Hearing Date: February 12, 2007 Hearing Location: City of Santa Ana Council Chambers, 22 Civic Center Plaza Santa Ana, CA 92702 The Mitigated Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before February 7, 2007. Please direct your comments to: Lucy Linnaus, Associate Planner, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA, 92702. If you have any questions or would like any additional information, please contact Lucy Linnaus at (714) 667-2745. E>}HIBIT19 311Aeo7 4 MAYOR Miguel A. Pulido MAYOR PRO TEM Carlos Bustamante COUNCILMEMBERS Claudia C. Alvarez P. David Benavides Michele Martinez Vincent F. Sarmiento Sal Tinajero . . CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy CITY OF SANTA ANA POSTED JAN l' 7 2007 PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. Box 1988 . Santa Ana, California 92702 (714) 667-2700. Fax (714) 973-1461 www.santa-ana.org By, TOM OM. y, CLERK-RECORDER c--.:~ Mh]'<"'?i?'<~''''"G''-.~ ~..~~,~~tIV~... ge'~:~i~: Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: Conditional Use Permit (CUP) No. 2006-23, CUP No. 2006-24 & Environmental Review No. 2005-208 Applicant: Evergreen Devco: 2390 E. Camelback Rd. Suite 410, Phoenix, AZ 85016 Project Location I Address: 1715 North Bristol Street Project Title I Description: The proposed project consists of the construction of a new 11,127 square foot Walgreens retail store building and related parking and landscape. The proposed store will provide a drive-thru service and operate 24 hours a day. In order to construct the new building, the applicant proposed the demolition of a 3,000 square foot- fast food restaurant with drive-through service, a 6,500 square foot medical/service building and their related parking lot and landscape. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of revisions to the project and mitigation measures paced on the project, and agreed to by the applicant, reduce each impact to below a level of significance. Signature: Date: / ,.. /7- 0 7 This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. 31A~15 arrfA Environmental Checklist CEQA Compliance PLANNING DIVISION I. Project Title: Walqreens Store II. Project Numbers: CUP 2006-23. CUP 2006-24 and ER 2005-208 III. Lead Agency Name and Address: City of Santa Ana Planning Division (M-20) P.O. Box 1988, Santa Ana, CA 92702 IV. Contact and Phone Number: Lucy Linnaus (714) 667-2745 V. Project Location: 1715 North Bristol Street VI. Project Sponsor's Name and Address: Shane Arters, Evergreen Devco, 2390 E. Camelback Road, Suite 410, Phoenix, /iZ 85016 VII. General Plan Designation: General Commercial (GC) and Low Density Residential (LR) VIII. Zoning: Community Commercial (C1), Two-Family Residential with a B suffix (R2-B) and Bristol Street Corridor Specific Plan (SP-1) IX. Description of Project: The proposed project consists of the construction of a new 11 ,127 square foot Walgreens retail store building and related parking and landscape on a 51,525 square foot lot. The project will provide the required 56 parking spaces and meet the landscape standards for the zone. The proposed store will provide a two lane drive-thru service for the pharmacy component and operate 24 hours a day. A new retail building with pharmacy and drive through service will be constructed on the portion of the lot that is zoned C1 and is allowed by right. However, parking in conjunction with a commercial use is permitted on any zone district with a B-suffix subject to a conditional use permit. Retail establishments having less than 20,000 square feet of floor area that are open at any time between the hours of 12:00 midnight and 5:00 am require the approval of a conditional use permit. The retail store with pharmacy is consistent with the General Commercial land use designation of the City's General Plan and meets or exceeds the City's design and development standards for such use. In order to construct the new building, the applicant proposes the demolition of a 3,000 square foot- fast food restaurant with drive-through service, a 6,500 square foot medical/service building and their related parking lot and landscape. X. Surrounding Land Uses and Setting: The project site is a fully developed, rectangular shaped parcel located on the northeast corner of Bristol and Seventeenth Streets with three zoning designations as noted above. Vehicular access to the site is from both Bristol and Seventeenth Streets, which are listed as major arterial streets in the Circulation Element of the City's General Plan. An existing egress and ingress easement to the north of the property that provides access to the parking lot of the adjacent site will be preserved. The surrounding land uses include residential to the north, and commercial to the east, south and west. XI. Other agencies whose approval is required. No approval is required from outside agencies. LL\M:\Environmenlal\Walgreens checklist & response.doc 31A~16 Page 1 of 2 mt~~ANTA ANA E nvi ron meqta.1."~i~eckl ist },SCEQA Compliance ":; .40 Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by that project, involving at least one impact that is a "Potentially Significant Impacf' as indicated by the checklist on the following pages. 0 Aesthetics 0 Agricultural Resources 0 Air Quality 0 Biological Resources 0 Cultural Resources 0 Geology and Soils 0 Hazards and Hazardous Materials 0 Hydrology and Water Quality 0 Land Use and Planning 0 Mineral Resources 0 Noise 0 Population and Housing 0 Public Services 0 Recreation 0 Transportation and Traffic 0 Utilities and Service Systems 0 Mandatory Findings of Significance Environmental Determination On the basis of this initial evaluation, I find that: A. D The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. B. i:8J Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. c. D The proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. D. D Although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR (EIR No. - ) pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the project, nothing further is required. E. D Pursuant to Section 15164 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier and only minor technical changes or additions are necessary to make the previous EIR adequate and these changes do not raise important new issues about the significant effects on the environment. An ADDENDUM to the EIR shall be prepared. F. D Pursuant to Section 15162 of the CEQA Guidelines, an EIR (EIR No. - ) has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significa effects no previously discussed. A SUBSEQUENT EIR shall be prepared. }-/7---01- Signature Date Lucv Linnaus. A sociate Planner Printed Name LL\M:\Environmental\Walgreens checklist & response. doc 31Jb17 Page 2 of 2 mYCf~ANTA ANA Qj;~~~;~::{.ff:;tlt; ~'~~~., :-~-:~~-:-r:'-.~-r E nvi ron menIal;} Il1eckl ist :"?,'t:;~ _ '~:.. '~-,' ,.,,>;~~~~_>l';-.wl C'r!' " CE~ Compliance .~ .-, . . ',' ;:O~,l,;;"...~ Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impacf' is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impacf' entries when the determination is made, an EIR is required. IV. "Less than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impacf' to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Less than Significant Potentially with Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics - Would the project: A. Have a substantial adverse effect on a scenic vista? 0 0 0 ~ B. Damage scenic resources, including but not limited 0 0 0 ~ to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character or quality of the site and its surroundings? 0 0 ~ 0 D. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 0 0 ~ 0 31sAiII8 mY~~A ANA f!~t~:~f~ E,f1vironme 'i"<ilt;"."'; ecklist . "'. j ,L 'C" , . '.C,',jCompliance ......,.........:Jl'...... Issues & Supporting Information Sources Potentially Significant Impact Less than Significant with Mitigation Incorporated Less Than Significant Impact No Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or D Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) D D ~ B. Conflict with existing zoning for agricultural use or a D Williamson Contract? D D ~ C. Involve other changes in the existing environment D which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? D D ~ III. Air Quality - Where available, the significant criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: A. Conflict with or obstruct implementation of D applicable Air Quality Attainment Plan or Congestion Management Plan? Violate any stationary source air quality standard or D contribute to an existing or proposed air quality violation? B. C. Result in a cumulatively considerable net increase D of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceeds quantitative thresholds for ozone precursors)? D. Expose sensitive receptors to substantial pollutant D concentrations? 31>AiII9 D D ~ D ~ D D ~ D D ~ D arr~TA ;~(~~~~!'~0;! ... ::, I;l1vi ro n mei~i;'~~eckl ist ~v~..'~.../ \. -: ">>'..,...:,-,-,~. :. ":T.. ' CE~ Compliance Potentially Significant Impact Issues & Supporting Information Sources E. Create objectionable odors affecting a substantial D number of people? IV. Biological Resources - Would the project: A. Have a substantial adverse impact, either directly D 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 or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian D habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands D (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances D protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources - Would the project: A. Cause a substantial adverse change in the D significance of a historical resource as defined in Section 15064.5? B. Cause a substantial adverse change in the D significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique D paleontological resource or site? 317A~~O Less than Significant with Mitigation Incorporated Less Than Significant Impact D ~ D D D D D D D D D D D D D D No Impact D ~ ~ ~ ~ ~ ~ ~ arr~TA ,-,.;, >-~ ",: <:"",~; , '1.,-,',:,,)t. , -"~ ;(..; 't~/i:{~.~ Environme.,rit ~ecklist 'tr', CE~ Compliance ,_".,_';. .,.,1..""'"",,, Issues & Supporting Information Sources Potentially Significant Impact D. Disturb any human remains, including those D interred outside of formal cemeteries? VI. Geology and Soils - Would the project: A. 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 D 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? 2. D including D Strong seismic ground shaking? 3. Seismic-related ground failure, liquefaction? 4. Landslides? D B. Would the project result in substantial soil erosion D or the loss of topsoil? C. Would the project result in the loss of a unique D geologic feature? D. Is the project located on strata or soil that is D unstable or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? E. Where sewers are not available for the disposal of D wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? 31aA~21 Less than Significant with Mitigation Incorporated D D D D D r8J D D D Less Than Significant Impact D D r8J D D D D r8J D No Impact r8J r8J D r8J r8J D r8J D r8J ~~fA Environmel1'~'at ~:~ecklist (-II ceCUS Compliance Issues & Supporting Information Sources Potentially Significant Impact VII. Hazardous and Hazardous Materials - Would the project: A. Create a significant hazard to the public or the D environment through the routine transport, use or disposal of hazardous materials? Emit hazardous emissions or handle hazardous or D acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? B. C. Be located on a site which is located on a list of D hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan D or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? VIII. Hydrology and Water Quality - Would the project: A. Violate Regional Water Quality Control Board water D quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or D interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Substantially alter the existing drainage pattern of D the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off- site? C. 3~~22 Less than Significant with Mitigation Incorporated D D D D ~ D D Less Than Significant Impact D D D D D D ~ No Impact ~ ~ ~ ~ D ~ D mm~ANTA ANA Environmental G:t1ecklist CE~ Compliance Issues & Supporting Information Sources Potentially Significant Impact D. Create or contribute runoff water which would D exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? D F. Place housing within a 100-year floodplain, as D mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which D would impede or redirect flood flows? H. Expose people or structures to a significant risk of D loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. I. Result in an increase in pollutant discharges to D receiving waters? Consider water quality parameters such as temperature, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash) J. Result in significant alteration of receiving water D quality during or following construction? K. Could the proposed project result in increased D erosion downstream? L. Result in increased impervious surfaces and D associated increased runoff? M. Create a significant adverse environmental impact D to drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as D listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? 31A~23 Less than Significant with Mitigation Incorporated D [gJ D D D [gJ [gJ [gJ [gJ [gJ [gJ Less Than Significant Impact [gJ D D D D D D D D D D No Impact D D [gJ [gJ [gJ D D D D D D anlA Environmental C'hecklist CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact o. Tributary to other environmentally sensitive areas? 0 If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact 0 on surface water quality to either marine, fresh, or wetland waters? a. Have a potentially significant adverse impact on 0 groundwater quality? R. Cause or contribute to an exceedance of applicable 0 surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland, or riparian habitat? 0 IX. Land Use and Planning - Would the project: A. Physically divide an established community? 0 Conflict with any applicable land use plan, policy, or 0 regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? B. C. Conflict with any applicable habitat conservation 0 plan or natural community conservation plan? X. Mineral Resources - Would the project: A. Result in the loss of availability of a locally- 0 important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 311A~24 Less than Significant with Mitigation Incorporated [8] [8] [8] [8] [8] o o o o Less Than Significant Impact o o o o o o o o o No Impact o o o o o [8] [8] [8] [8] crn~fA Environmental' C:hecklist CE~ Compliance Issues & Supporting Information Sources Potentially Significant Impact XI. Noise - Would the project result in: A. Exposure of persons to or generation of noise 0 levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive 0 groundborne vibration or ground borne noise levels? c. A substantial permanent increase in ambient noise 0 levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in 0 ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan 0 or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing - Would the project: A. Induce substantial population growth in an area, 0 either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, 0 necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people, 0 necessitating the construction of replacement housing elsewhere? 3tA~5 Less than Significant with Mitigation Incorporated o o o o o o o o Less Than Significant Impact [gJ [gJ [gJ [gJ o o o o No Impact o o o o [gJ [gJ [gJ [gJ aRIA Environmental Checklist CE~ Compliance Issues & Supporting Information Sources Potentially Significant Impact XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: 1. Fire protection? o o o o o 2. Police protection? 3. Schools? 4. Parks? 5. Other public facilities? XIV. Recreation A. Would the project increase the use of existing 0 neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or 0 require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. Transportation / Traffic A. Cause an increase in traffic which is substantial in 0 relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections )? 31A~26 Less than Significant with Mitigation Incorporated o ~ o o o o o o Less Than Significant Impact ~ o o o o o o ~ No Impact o o ~ ~ ~ ~ ~ o ~~fA Environmental ~~ecklist CE~ Compliance Issues & Supporting Information Sources Potentially Significant Impact B. Exceed, either individually or cumulatively, a level D of service standard established by the county congestion management agency for designated roads or highways? Result in a change in air traffic patterns, including D either an increase in traffic levels or a change in location that results in substantial safety risks? C. D. Substantially increase hazards to a design feature D (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? E. Result in inadequate emergency access? D Result in inadequate parking capacity? D Conflict with adopted policies supporting alternative D transportation (e.g., bus turnouts, bicycle racks)? F. G. XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the D applicable Regional Water Quality Control Board? B. Require or result in the construction of new water D or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm D water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the D project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater D 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? 31A.27 Less than Significant with Mitigation Incorporated D D D D D D D D D D D Less Than Significant Impact cgJ D D D D D D D D D D No Impact D cgJ cgJ cgJ cgJ cgJ cgJ cgJ cgJ cgJ cgJ mY~&OOA ANA '/':"'.' E nvi ro n me ntal'Ql1ecklist ,\" CEQA Compliance ,.,. , Issues & Supporting Information Sources Potentially Significant Impact F. Is the project served by a landfill with sufficient D permitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and D regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the D quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually D limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects.) C. Does the project have environmental effects which D will cause substantial adverse effects on human beings, either directly or indirectly? 31A~8 ":'~~;:~~.. Less than Significant with Mitigation Incorporated D D D D D Less Than Significant Impact ~ ~ D D D No Impact D D ~ ~ ~ an~~ANTA ANA Re~Qori~es to E nvi ron mentaI3)C-h,~kl ist For CEQA~~pliance The following is an analysis of potential environmental impacts associated with the proposed project based upon the City of Santa Ana Environmental Checklist. The analysis incorporates by reference information from the Santa Ana General Plan Land Use Element No. EIR 97-1. I. Aesthetics- A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, including but not limited to trees, rock outpourings and historic buildings within a State highway? No Impact According to the City's General Plan Land Use Element FEIR, there are no scenic vistas within the immediate vicinity of the project site. The Orange Freeway (SR-57), Newport Freeway (SR-55), and Garden Grove Freeway (SR-22) are the three state highways that can be found in the City of Santa Ana. The proposed project site is not visible from any of those highways and therefore will not damage or destroy any scenic resources that are located within the vicinity of these highways. C. Substantially degrade the existing visual character or quality of the site and its surrounding? D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less than significant impact The proposed project with extended hours of operation for the business will alter the visual quality of the site, but impacts are anticipated to be beneficial, not adverse. The project will replace the existing development with equal or better materials. Major sources of light and glare in the project area include light from street and parking lot lights, illuminated signage, headlights from vehicles, security lighting, and indoor lighting. The proposed project will not introduce substantial new lighting which will be discernable over existing conditions. II. Agricultural Resources A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non- agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agriculture use? No Impact The proposed project will replace an existing similar urban development on the site, which is not in agricultural production. Additionally, according to the California Department of Conservation Farmland Mapping and Monitoring Program, the City of Santa Ana contains a limited amount of Prime and Unique Farmlands. Presently, there are no areas in the City that are under existing Williamson Contracts. Therefore the proposed project will not result in any adverse impacts to agricultural resources. 31A~9 anf^ ~'-';,-~'';''/:,~: --'.,("'~'"' Re~O~es to E nvi ro n menta...I...\.~!C. 'h.'......".c......G.. <...'.....'. kl ist For CE'QA:~~pliance , . .. u.,.........."'.,.,d III. Air Quality A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? No Impact The City of Santa Ana is included within the South Coast Air Quality Management District and subject to the requirements of the Clean Air Act at both the Federal and State level. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in the General Plan. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in the City's General Plan. The proposed project would not impact the growth projections in the General Plan. Therefore, approval of the proposed zoning ordinance amendment would not be in conflict with the South Coast AQMP. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? D. Expose sensitive receptors to substantial pollutant concentrations? E. Create objectionable odors affecting a substantial number of people? Less than significant impact As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality in the South Coast Air Basin. The South Coast Air Basin is currently a non-attainment area for carbon monoxide, ozone, and particulate matter. The SCAQMD considers an air quality impact to be significant if it exceeds the thresholds identified below. EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Day Quarter Pounds/Day Carbon Monoxide 550 24.75 550 Reactive Organic Comoounds 75 2.5 55 Nitrogen Oxides 100 2.5 55 Particulate Matter 150 6.75 150 Long-Term Operational Air Quality Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the project site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project is consistent with the City's General Plan and would not exceed the air pollutant emission projections established in the General Plan Land Use Element EIR. 31A~O 2 mY~~A ANA Re~o.~esto E nvi ran mental;""iCheekl ist - .- ....,:.,. .' ,>-~.. .;:-, For CEQA .c~'rJ~liance Short-term Constructed Related Air Quality Impacts Construction operations associated with the proposed project could potentially result in short-term increases in particulate matter, and to a lesser degree increases in carbon monoxide and ozone. Peak day construction emissions for most pollutants arising from construction of the proposed project would occur during the grading and demolition phases. Using the South Coast Air Quality Management District CEQA Air Quality Handbook as a general guideline, the threshold for potentially significant short-term air quality impacts would involve the grading of 1,309,000 square feet of area and the demolition of 23,214,000 cubic feet of building area. The proposed project would require the demolition of approximately 100,000 cubic feet of building area and re-grading of 52,000 square feet of lot area only The amount of grading and demolishing activities for the proposed project would be considerably less than the threshold of significance outlined in the CEQA Air Quality Handbook. While the construction related emissions associated with the proposed project would not exceed the thresholds established by the SCAQMD, the emissions could be a nuisance to other existing land uses in the nearby vicinity of the project site. To minimize short-term construction related air impacts within the project area the following project enhancement measure shall be implemented. Project Enhancement Measure During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: 1. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. 2. 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. 3. Streets surrounding the project site shall be cleaned at the end of each day of construction. 4. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. 5. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. 6. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. 7. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. In addition, it has been determined that implementation of the proposed project would not result significant long-term or short-term air quality impacts. Therefore, the proposed project area would not be exposed to substantial concentrations of air quality pollutants. Finally, the proposed project is a retail land use and would not generate significant long-term operational odors. Construction equipment and operations associated with the proposed project could potentially result in odor impacts. However, the odors would be short-term and would not be considered significant. 31AT31 3 mt~~ANTA ANA Re~~on~~sto E nvi ron mental'~:Ch_kl ist For CEQA C~~pliance IV. Biological Resources A. Have a substantial adverse impact, 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 or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact The City of Santa Ana General Plan Land Use Element EIR indicates that Santa Ana is predominantly built-out and that all sizable expanses of undisturbed native vegetation have been eliminated. Approval and implementation of the proposed project with extended hours of operation will not result in impacts to anyon-site biological resource. V. Cultural Resources A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? No Impact According to the National Register of Historical Structures and the City of Santa Ana Local List of Historical Properties, there are no historical structures located on the project site. Therefore, implementation of the proposed project would not result in significant impacts to any historic resource. B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of formal cemeteries. No Impact According to the City's General Plan Land Use Element EIR, there are no known or recorded archaeological or paleontological resources on or within the vicinity of the project site. Additionally, the project site is currently developed. The probability for the discovery of unknown cultural resources would be low. Therefore, implementation of the proposed project would not result in impacts to unknown cultural resources. 3 tArJ 2 4 mY~~ANTA ANA Re~l2orW~sto E nvi ron mental:~Ch._kl ist For CEQA C~mpliance VI. Geology and Soils A-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? No Impact According to the City's General Plan Land Use Element EIR, the project site is not located within a current Alquist-Priolo Earthquake Fault Zone. Therefore, the potential for surface rupture due to faulting occurring beneath the site during the design life of the proposed project would be considered low. A-2. Strong Seismic Ground shaking? Less Than Significant Impact The project site is situated within a highly active seismic region of Southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the project site. The NewporUlnglewood Fault located approximately 13 miles south from the City of Santa Ana is considered to be one of the most dominant faults in regard to potential seismic shaking impacts. The project site could potentially be subject to a maximum credible horizontal ground acceleration of 0.30g from a magnitude 6.9 earthquake along the NewporUlnglewood fault zone. A seismic event of this scale could potentially result in significant damage to the project site. However, the risks at the project site are similar to many other areas in the Southern California region. To minimize potential seismic shaking impacts, the proposed project would be subject to Seismic Safety Standards of the Uniform Building Code. Compliance with the Uniform Building Code would reduce potential impacts associated with seismic shaking activity to a level that would be less than significant. A-3. Seismic-related ground failure, including liquefaction? Less Than Significant Impact Soil liquefaction occurs when loose soil deposits below the water table are subject to large ground accelerations generated from seismic events. According to the City's General Plan Land Use Element EIR, the project site is located in an area that is characterized with very low liquefaction hazard potential. To minimize potential liquefaction impacts, the proposed project would be subject to Seismic Shaking Standards of the Uniform Building Code. Compliance with the Uniform Building Code would reduce potential liquefaction impacts to a level considered less than significant. A-4. Landslides No Impact The project site is flat without any topographical relief. According to the City's General Plan, there are no landslide planes on the project site. Therefore, implementation of the proposed project would not result in adverse impacts in regards to landslides. B. Would the project result in substantial soil erosion or the loss of topsoil? Less than Significant With Mitigation Incorporated 31A~3 5 mY~~ANTA ANA Re~l~lori1~'es to Envi ron mentat:Ch~~;~kl ist For CEQA ~~ln.pliance ErOSion refers to the removal of sOil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Construction operations for the proposed project would require excavation of onsite soils. The uncovered soils on the project site could potentially result in erosion and sedimentation impacts to onsite and offsite drainage facilities. This potential impact could increase during periods of rain. To minimize potential erosion impacts, the proposed project would be required to employ the following Best Management Practices during construction operations. Mitigation Measure · Prior to the issuance of grading permits, the project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number, (b) Two copies of the Storm Water Pollution Prevention Plan. · Submit and have approved a surface drainage/utility plan that depicts all applicable "Site Design" structural "Source Control" and "Treatment Control" Best Management Practices (BMPs) in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). · Submit for approval a surface drainage/grading/erosion control plan. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. c. Would the project result in the loss of a unique geological feature? No Impact According to the City's General Plan Land Use Element EIR, the project site does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. D. In the project located on strata 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, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact According the City's General Plan Land Use Element EIR, the project site is located on soils that have low shrink/swell potential, high corrosion potential to uncoated steel and low corrosion potential to concrete. The soil conditions on the project site would not provide a constraint that would prevent the development of the proposed project. As part of the City's development review process a geotechnical study would be prepared to identify geotechnical design recommendations to ensure the long-term geotechnical stability of the project site. E. Where sewers are not available for the disposal of wastewater is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? No Impact The project site is an improved building site with an improved sewer system. In terms of geological stability, the project will not require the expansion of additional sewer facilities. 31A~4 6 mt~~A ANA Re~pori\~es to E nvi ron mental",,'Chj~kl ist ,)~-'-" ':," "'~~~"';"'j:'.,.J~. For CEQA,C~fupliance VII. Hazards and Hazardous Materials A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or proposed school? C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact Approval of the proposed retail development would have no impact on transport or disposal of hazardous material in that the proposed project would not involve activities that would emit hazardous or acutely hazardous material. Additionally, according to the City of Santa Ana Fire Department and the City's General Plan, the project site is not included on a list of hazardous material sites. Implementation of the proposed project would not create a significant hazard to the public or the environment. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the City's General Plan Land Use Element EIR and the Orange County Airports Environs Land Use Plan, Santa Ana is not located within any aircraft accident potential zones, nor is the proposed project located within a John Wayne Airport Planning Area. Additionally, there are no private airstrips in the City. Therefore, approval of the proposed project would not increase the potential for safety hazards for people residing in or working within the City. VIII. Hydrology and Water Quality A. Violate Regional Water Quality Control Board water quality standards or waste discharge requ irements? E. Otherwise substantially degrade water quality? I. Resulting an increase in pollutant discharges to receiving waters? J. Result in significant alteration of receiving water quality during or following construction. K. Could the proposed project result in increased erosion downstream? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? 31:A~5 7 mY~~ANTA ANA .' Re~.:I~ti~e.: s to E nvi ron mentab~C\n8ekl ist -'y.,'. ..,"'f{/4 For CEQ.A .Cq~pliance O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? Q. Have a potentially significant adverse impact on the groundwater quality? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland or riparian habitat? Less Than Significant With Mitigation Incorporated The City of Santa Ana is included within four watersheds, San Diego Creek, Santa Ana River, Talbert and Westminster. Each of these watershed areas are under the jurisdiction of the Santa Ana Regional Water Quality Control Board and subject to the objectives, water quality standards and Best Management Practice requirements established in the Santa Ana River Basin Plan and Orange County Drainage Area Management Plan. The City of Santa Ana implements the goals, objectives and requirements of the Basin Plan and Drainage Area Management Plan through the City's Local Implementation Plan. Storm water flows from the project site would be conveyed to an underground storm drain before ultimately discharging into Santa Ana River watershed. The Santa Ana Regional Water Quality Control Board has identified Santa Ana River as impaired by nutrients, sediments, metals and pesticides. The primary source of potential adverse water quality impacts associated with the construction and operation of the proposed project would be from nuisance flows. Nuisance flows is defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscaping irrigation, leaking pipes, and water used to wash off surfaces tributary to the street. Since nuisance flows usually originates in the street, they commonly contain many common pollutants found in streets such as oil and grease and sediment. Additionally, surface water runoff generated from the project site during construction operations could be degraded potentially resulting in adverse water quality impacts to downstream receiving waters. Mitigation Measures · 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) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number, (B) Two copies of the Storm Water Pollution Prevention Plan. · 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. · Provide two copies of the Water Quality Management Plan that would include the following: a. Site Assessment 31A~6 8 anf^ . Re~,~~sto E nvi ron menta'lit~1iIj:kl ist " "lk' , ~':: '.',. ,.r.{f;,:.,~", For CEtlA:~fttppliance '.--;.. ,.',.,", _,.... ,._....4.1......., '"'" Site design Best Management Practices (BMP) c. Applicable Routine Source Control BMP d. Selecting and sizing the Treatment Control BMP e. Mechanisms by which funding for long-term operation and maintenance of all structural BMP will be provided f. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMP and to identify the entity in charge of implementation · The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Enterprise Fees. B. 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 level. No Impact The proposed project would not interfere with ground water recharge because the project area is not located in an area that is known to recharge the ground water system. Additionally, construction operations for the proposed project would not encroach onto the underground water basin. Implementation of the proposed project would not result in significant impacts to any underground water supplies. C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run- off? Less than Significant Impact The project site is located within an urbanized area with improved drainage facilities. The proposed project would not introduce additional impervious surfaces unto the project site. There would be no significant increase in the surface water flows generated from the project site because the site is currently imperious and the project would just replace similar materials. F. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain structures which would impede or redirect flood flows? H. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact 31A~7 9 aRIA Re~llori$f!s to "E'nvi ron mental;,~C'hEiekl ist ..,:') t- .:": _ _' _ ,,:", \. :"',_~ For CEQA'Co~liance The City of Santa Ana is a participant in the National Flood Insurance Program (NFIP). Communities participating in the NFIP must adopt and enforce minimum floodplain management standards, including identification of flood hazards and flood risks. Participation in the NFIP allows communities to purchase low cost insurance protection against losses from flooding. The published Flood Insurance Rate Maps (FIRM) for the project site is included on Community Panel No. 06023202144H. The project site is located entirely in Zone X, which is defined as areas beyond the limits of the 100-year flood and 500-year flood. Implementation of the proposed project would not significantly increase the potential for flood risks. IX. Land Use and Planning A. Physically divide an established community? C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact The project site is currently developed with a commercial development oriented towards two arterial streets. The new development will continue the existing development pattern and will not divide existing neighborhoods. The proposed project is located in an urbanized setting and no locally designated species or natural communities are known to exist in the project area. The site is not part of any habitat conservation plan or natural community preservation plan. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? No impact The General Plan land use designation for the site is dual. The site is purposely split so that General Commercial land use designation is located parallel to Seventeenth Street and includes the corner with Bristol Street and Low Density Residential designation is located adjacent to the residential development perpendicular to Bristol Street. The intent of the split general plan designation and their corresponding zoning designation is to create a buffer between two adjacent dissimilar uses. The zoning for the site reflects the intent of the general plan in that the General Commercial designation portion of the site has a corresponding Community Commercial (C-1) zone designation, while the Low Density Residential has a Two-Family Residence (R2) zone designation. The Santa Ana Municipal Code allows the addition of the B-Suffix to any zone adjacent to a commercial zone to allow for parking in conjunction with a commercial use, thus creating a buffer area between the actual residential development and the commercial building. The site is currently developed with this pattern. The proposed project will continue the existing development pattern and will not create a conflict with any applicable land use plan, policy or regulations adopted for the purpose of avoiding or mitigating an environmental effect. X. Mineral Resources A. 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? No Impact 31A3~8 10 - -- --- - c[TYOF~ANTA ANA Responses to En'vironmental Checklist For CEQA Compliance According to the City's Updated General Plan Land Use Element EIR, there are no areas In Santa Ana that are designated significant Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. XI. Noise A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Less Than Significant Impact The project site is subject to noise standards and guidelines in the General Plan Noise Element and Municipal Code Noise Ordinance. The primary purpose of the City of Santa Ana Noise Element is to "Prevent significant increases in noise levels in the community and minimize the adverse effects of currently-existing noise sources." In accordance with the Noise Element, the City has adopted noise standards and guidelines for land use planning. These guidelines for exterior noise levels are presented in Table N-1. Table N-1 C' OfS A L dUG'd r F E N' Ity anta na an se UI e Ines or xtenor olse Land Use Noise Level (dBA CNEL or Ldn) Desirable Maximum Maximum Acceptable Low Density Residential 55 65 Medium Density Residential 60 65 Hiqh Density Residential 65 70 Schools 60 70 Commercial, Office 65 75 Industrial 70 75 A significant noise impact would occur if a proposed land uses does not comply with the General Plan noise standards identified in Table N-1, or when a proposed land use results in an 3dB increase to existing noise levels when the existing noise level is at least 65 dB CNEL. The operation of the proposed project would not significantly increase noise levels within the project site. A significant increase in noise would be a 3dB increase over existing noise levels. Typically, a 3db increase in noise levels occurs when existing traffic volumes are doubled. The proposed project would not double existing traffic volumes within the project area. Therefore, implementation of the proposed project would not result in a 3db increase to existing noise levels within the project area. B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels. D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. Less Than Significant Impact 11 31A~9 ~~fA Re~jdrwes to E nvi ron mental';'JCh!~~kl ist For CEQAq~~pliance '" ...,.;".,t.~.. -- .' The constructIon of the proposed project would Involve conventional construction equipment resulting in less than significant ground borne vibration impacts. No mitigation measures are necessary. Implementation of the proposed project would result in short-term construction related noise impacts. Short-term noise impacts would result from site preparation, excavation, grading, and other construction operations. The construction-related short-term noise levels would be higher than the existing or ambient noise levels in the project area today, but would no longer occur once construction of the project is complete. The Municipal Code recognizes that some forms of noise are required for urban development and maintenance and are difficult to control. Section 18-314(e) exempts noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. Compliance with Noise Ordinance would reduce construction noise impacts to a level considered less than significant. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No impact There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within a two-mile radius of the airport. According to the Santa Ana General Plan Draft Environmental Impact Report, no area of the City of Santa Ana is within the noise impact area or 65 CNEL of John Wayne International Airport. Therefore, people residing or working in the project area will not be exposed to excessive noise levels. No impact is anticipated. XII. Population and Housing A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed project would replace an existing commercial development with another commercial use. Implementation of the proposed project would not increase the population within the project area or displace existing households within the project area. The proposed project is consistent with the General Plan and local and regional growth projections for the project area. XIII. Public Services Fire Protection: Less than Significant Impact The City of Santa Ana Fire Department will provide fire protection and emergency services to the project site. The City maintains ten fire stations throughout the City. The stations are situated where no location in the City is outside of an approximate 1.5 radius of a fire station. Additionally, the City maintains a Mutual 31A3~O 12 rnY~&\NfA ANA Responses to Environmental Checklist For CEQA Compliance Mutual AId Agreement for fire protection services with the neighboring CitIes of Fountain Valley, Garden Grove, Tustin, Irvine and Costa Mesa. According to the City of Santa Ana Insurance Service Organization, the City has a low fire risk rating. Fire Station No. 1 located at 1029 West Seventeenth is the closest fire station to the project site. According to the Santa Ana Fire Department, implementation of the proposed project would not increase the demand for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment the Fire Department would be able to provide an adequate level of service. Police Protection: Less than Significant With Mitigation Incorporated The Santa Ana Police Department would provide police protection services for the proposed project. According to the Santa Ana Police Department, implementation of the extended hours of operation may potentially increase the demand for police protection services over current levels of manpower and equipment. In order to minimize the potential impacts associated with the extended hours of operation, the Police Department is recommending the following mitigation measures: Mitigation Measures: · The existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. · The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. · Front cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Pharmacy cash registers located at the rear of the store are exempt. · Window displays must be kept to a minimum for maximum visibility and shall not exceed 25% of window coverage. · Windows shall be kept clear of any advertising materials between three and six feet in height. · Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. · A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. · Install a silent armed robbery alarm. · There shall be no coin-operated games maintained on the premises at any time. · All pay telephones shall be located inside the premises. · The petitioner(s) shall be responsible for maintaining the premises free of litter. 3;l~741 13 anfA Re~R()ln~eS to E nvi ron mentalfc:~.Cfi;eekl ist . For CE~q~~liance · The Conditional Use Permit for extended hours of operation shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. · "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. · Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification as follows: o A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. o A minimum of one color camera that views the full length side of a customer at the cash register area. o A color camera recorder capable of recording events on all cameras simultaneously. o A tape or disc storage library of recorded cameras kept for a minimum of 60 days. o If video tape is used, tapes can not be taped over more than six times. o An audio recording component that will record sounds occurring at the customer counter. · Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at 5' and ending at 6'-6". · Deliveries cannot occur between the hours of 10 p.m. and 7 a.m. daily. Schools, Parks, Other Facilities: No Impact Implementation of the proposed project would not generate demand for additional school services above the current conditions, nor would it generate demand for additional park services. No adverse impacts to schools, parks or other public services would occur. XIV. Recreation A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. No Impact Implementation of the proposed project would not generate additional demands on existing recreation facilities or require the construction of new recreation facilities. No adverse impacts to recreation services and facilities would occur. XV. TransportationfTraffic 31A~2 14 aTI~AfA Re~led:~~:ps to E nvi ron mental',Cneekl ist ,,' ,'. - -' ,: - ~~.': . ".t~l~:_\,:_~; ': . For CE~~9!~pliance A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less than Significant Impact The implementation of the proposed project would not increase vehicle trips in the project area in that the project replaces a restaurant use and a medical/retail building with a retail use. A retail use is considered less intense use by the City as it generates fewer trips than a restaurant. Table B-1 below shows the comparison of the trip generated by the current use with the estimated project trip generation prepared by the City of Santa Ana Traffic Division. Since the project is consistent with the General Plan, the traffic projections for the proposed project would be consistent with the traffic estimates projected in the Circulation Element. Implementation of the proposed project would not change the level of service or any roadway segment or intersection within the project area. Table B-1 I SUMMARY OF PROJECT TRIP GENERATION r TriD Generation Rates Project Trip Generation AM PM AM PM Quantity Land Use Unit SF Daily In Out In Out Daily In Out In Out Medical-Dental Office Building KSF 2.000 36.13 1.96 0.52 1.00 2.72 72 4 1 2 5 Convenience Market KSF 2.000 490.8 15.51 15.51 16.94 17.63 982 31 31 34 35 Shoooina Center KSF 2.500 42.94 0.63 0.40 1.80 1.95 107 2 1 5 5 Fast Food Restaurant KSF 3.000 716 26.32 17.55 13.34 12.81 2148 79 53 40 38 TOTAL EXISTING 3309 115 86 80 84 Pharmacy/Drugstore with Drive-Thru KSF 11 .200 88.16 1.52 1.14 4.22 4.4 987 17 13 47 49 TOTAL PROPOSED 987 17 13 47 49 C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact There are no public airports in the City of Santa Ana; however, John Wayne International Airport is located one-mile southwest of city limits. The proposed project is not located within a two-mile radius of the airport. The maximum height of the building is 30 feet. No impact is anticipated. D. Substantially increase hazards to a design feature No Impact Through the City's development review process, the City's Public Works Agency has determined that implementation of the proposed project would not increase traffic hazards within the project area. E. Result in inadequate emergency access No Impact 31A~3 15 arr~fA Re~<>~i~sto Envi ron mental~iCneekl ist For C~~ C~pliance As part of the City's development review process, the proposed project was reviewed by the Police Department and the Fire Department to ensure adequate emergency access. No adverse emergency access impacts would be associated with the proposed project. F. Result in inadequate parking capacity No Impact The project's parking requirement, based on the City of Santa Ana parking code is 56 parking stalls. The project is 56 parking stalls; therefore the project complies with the City's parking requirement. G. Conflict with adopted policies supporting alternative transportation No Impact The proposed project would not be in conflict with any City policies regarding alternative modes of transportation. Nor would implementation of the proposed project displace any existing modes of public transportation provided within the project area. XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. 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? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the 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 providers existing commitments. No Impact The Orange County Sanitation District (OCSD) regulates wastewater treatment for the City of Santa Ana. The proposed project will not cause any violation of those standards set forth by the OCSD. The City of Santa Ana and OCSD would provide wastewater service to the proposed project. The project area is currently improved with wastewater sewer facilities. Implementation of the project would not increase wastewater demands in the project area over current condition. The wastewater demands of the project would be accounted for in the City's Urban Water Management Plan. Additionally, implementation of the project would not increase the amount of surface water runoff currently generated from the project site. The project would not require the construction of new drainage facilities. 31A:r44 16 arr~AfA Re.:Ol\~~s to E nvi ron menta'~~'fi"l,kl ist . For C~9AC.liance The City of Santa Ana Water Department would provide domestic water service for the proposed project. Implementation of the proposed project would not increase water demand within the project area over the current condition. The proposed project is consistent with the General Plan and water demands are accounted for in the City's Urban Water Management Plan. F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal nee~s? G. Comply with federal, state and local statutes and regulations related to solid waste? Less Than Significant Impact The City of Santa Ana would provide solid waste collection services to the project site. Solid waste is transported to the Environmental Service transfer station in Irvine, and then taken to the Bowerman Landfill. The Bowerman Landfill is permitted to accept 8,500 tons per day and is anticipated to close in year 2024. The California Integrated Waste Management Act of 1989 (AB 939) mandates all cities and counties in California to divert fifty percent of solid waste generated from landfill disposal. As part of the General Plan, the City of Santa Ana has prepared a Source Reduction and Recycling Element, which describe how the City complies with the mandates of AB 939. In order to comply with the requirements of AB 939, the City has implemented several waste reduction programs including green waste programs, source reduction programs, and recycling programs. The proposed project would not significantly increase the demand for solid waste disposal. Compliance with the City's recycling program would reduce long-term solid waste disposal service impacts to a level considered less than significant. XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. No Impact Implementation of the proposed project would not substantially reduce the habitat of fish or wildlife species, in that no fish, wildlife populations or cultural resources are known to exist on the project site. Additionally, it is unlikely that unknown cultural resources would be discovered on the project site as it has previously been developed. B. Does the project have impacts that are individually limited but cumulatively considerable? No Impact Implementation of the proposed project would not result in cumulative impacts to the environment. The proposed project would comply with the applicable requirements of the Uniform Building Code, conditions of approval and mitigation measures, which provide specific requirements that would avoid any significant cumulative impacts within the project area. 31A~5 17 ~~AfA ... Re~,s to Envi ronmenta..{~~kl ist For CE~ie~~pliance C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? No Impact Construction and operation of the proposed project would not involve any activities that would cause substantial adverse effects on human beings. either directly or indirectly. Mitigation measures have been identified to reduce potential impacts to the environment and human beings to a level considered less than significant. XVIII. References City of Santa Ana Updated General Plan Land Use Element February 1998. City of Santa Ana Updated General Plan Land Use Element Environmental Impact, January, 1998, SCH 97071058 City of Santa Ana Zoning Ordinance, December 1998 City of Santa Ana Urban Design Element, July 6, 1998 City Santa Ana Local Register of Historic Structures National Register of Historic Structures Flood Insurance Rate Map Community Panel No. 0602320144H City of Santa Ana Development Review Committee, December 2006 South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 California Environmental Quality Act Statues and Guidelines, January 1999 Site Visit by Lucy Linnaus, Associate Planner, November 2006 Integrated Waste Management Solid Waste Generation Rate City of Santa Ana 2000 Urban Water Management Plan XX.PREPARERS Lucy Linnaus, City of Santa Ana Associate Planner 31:A~46 18 W ALGREENS STORE MITIGA TIONMONITORING PLAN ENVIRONMENTAL REVIEW NO. 2005-208 MITIGA TION MEASURE I AGENCY w,o,. & IV.. 4-...... ..."'...."" Perillit. andgurillJ construction · During construction, the contractor shall comply with Public Works SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: o All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. o 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. o Streets surrounding the project site shall be cleaned at the end of each day of construction. o All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. o The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. o Equipment engines shall be maintained in good condition and In proper tune according to manufacturer's specifications. o To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. · The project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes: (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number, (b) Two copies of the Storm Water Pollution Prevention Plan. · Submit and have approved a surface drainage/utility plan that depicts all applicable "Site Design" structural "Source Control" and "Treatment Control" Best Management Practices (BMPs) in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 31A3'47 APPROVAL .. 1 · Submit for approval a surface drainage/grading/erosion control plan. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. · The project developer shall provide proof of coverage under NPDES General Construction Activity Storm Water Permit that includes; (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number, (b) Two copies of the Storm Water Pollution Prevention Plan. · 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. · Provide two copies of the Water Quality Management Plan that would include the following: o Site Assessment o Site design Best Management Practices (BMP) o Applicable Routine Source Control BMP o Selecting and sizing the Treatment Control BMP o Mechanisms by which funding for long-term operation and maintenance of all structural BMP will be provided o Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMP and to identify the entity in charge of implementation · The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Enterprise Fees. Prior tothe issuance of Certificate of Occupancy · The existing building and parking lot must conform to the Police provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will reqUIre that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2 31sAs-48 · The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. · Front cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Pharmacy cash registers located at the rear of the store are exempt.. · Window displays must be kept to a minimum for maximum visibility and shall not exceed 25% of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. · Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. · A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. · Install a silent armed robbery alarm. · There shall be no coin-operated games maintained on the premises at any time. · All pay telephones shall be located inside the premises. · The petitioner(s) shall be responsible for maintaining the premises free of litter. · The Conditional Use Permit for extended hours of operation shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. · "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. · Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification as follows: 3 31A1-A9 o A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. o A minimum of one color camera that views the full length side of a customer at the cash register area. o A color camera recorder capable of recording events on all cameras simultaneously. o A tape or disc storage library of recorded cameras kept for a minimum of 60 days. o If video tape is used, tapes can not be taped over more than six times. o An audio recording component that will record sounds occurring at the customer counter. · Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at 5' and ending at 6'-6". · Deliveries cannot occur between the hours of 10 p.m. and 7 a.m. daily. 4 317A~O KO- 2/7/07 RESOLUTION NO. 2007-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2006-23 AS CONDITIONED TO ALLOW AFTER HOURS OPERATIONS AND CONDITIONAL USE PERMIT NO. 2006-24 TO ALLOW PARKING IN THE R2-B ZONE FOR THE PROPERTY LOCATED AT 1715 NORTH BRISTOL STREET . BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2006-23 to allow after hours operations and Conditional Use Permit No. 2006-24 to allow parking in the R2-B zone for a proposed Walgreens at 1715 North Bristol Street. B. Conditional Use Permit No. 2006-23 and Conditional Use Permit No. 2006-24 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 12, 2007. C. Pursuant to Santa Ana Municipal Code Section 41-365.5 Retail markets having less than twenty thousand square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. are permitted in the C1 district subject to the issuance of a conditional use permit. 1. Conditional Use Permit No. 2006-23 has been filed with the City of Santa Ana seeking to allow after hours operations for the property located at 1715 North Bristol Street. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed business hours between 12:00 midnight and 5:00 a.m. will contribute to the general 31A-51 Resolution No. 2007-14 Page 1 of 14 well being of the community by providing general merchandise and pharmacy services to the community and allowing the community to purchase items generally unavailable during these hours from other retail establishments. Conditions have been placed on the extended hours or operations that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed business hours between 12:00 midnight and 5:00 a.m. will provide additional service to the store patrons and the adjacent community. The conditions of approval will require the store to maintain a safe environment and are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. Hi. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The site as developed is suitable for the proposed use. The addition of the proposed business hours between 12:00 midnight and 5:00 a.m. to the retail establishment will generate City tax revenue and employment for the community thereby enhancing the profitability of the business, which will contribute to the economic stability of surrounding properties in the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit for the operation of a business between the hours of 12:00 midnight and 5:00 a.m., the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. 31A-52 Resolution No. 2007-14 Page 2 of 14 v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed retail establishment is located in three general plan designations, General Commercial (GC) Low Density Residential (LR) and Open Space. The proposed use as designed will not adversely affect the General Plan or the Bristol Street corridor Specific Plan. Retail establishments with pharmacy and photo services are permitted within the General Commercial (GC) land use General Plan designation, while parking in conjunction with a retail establishment is permitted in the Low Density residential designation and landscaping is permitted in the Open Space designation. In addition, the project meets the goals and policies established in the Urban Element of the General Plans, as the project will be developed with the highest quality design, materials, finishes and construction and a Plaza connecting to the public right-of-way to encourage public interaction will be provided. D. Pursuant to Santa Ana Municipal Code Section 41-611, parking is permitted in a B-suffix district with a conditional use permit. 1. Conditional Use Permit No. 2006-24 has been filed with the City of Santa Ana seeking to allow parking in the R2-B zone for the property located at 1715 North Bristol Street. 2. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. i. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed parking will occur in conjunction with the construction of a new retail store and will contribute to the general well being of the neighborhood by providing a permanent buffer zone between the commercial and residential uses. Conditions have been placed on the parking area that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 31A-53 Resolution No. 2007-14 Page 3 of 14 ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed parking area in conjunction with the construction of a retail building will provide a required and necessary service to the store patrons. The conditions of approval will require the store to maintain a safe environment parking and are imposed to mitigate any potential unforeseen impact that could otherwise affect the health, safety, or general welfare of persons residing or working in the vicinity. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The site as developed is suitable for the proposed use. The parking provides a required and necessary service to the store patrons. The retail establishment will generate City tax revenue and employment for the community thereby enhancing the profitability of the business, which will contribute to the economic stability of surrounding properties in the area. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? With an approved conditional use permit to allow parking in conjunction with a retail building, the proposed use will be in compliance with the applicable sections of Chapter 41 of the Santa Ana Municipal Code. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed retail establishment is located in three general plan designations; General Commercial (GC), Low Density Residential (LR) and Open Space. The proposed use as designed will not adversely affect the General Plan or the Bristol Street corridor Specific Plan. Retail establishments with pharmacy and photo services are permitted within the General Commercial (GC) land use General Plan designation, while parking in conjunction with a retail establishment is 31A-54 Resolution No. 2007-14 Page 4 of 14 permitted in the Low Density residential designation and landscaping is permitted in the Open Space designation. In addition, the project meets the goals and policies established in the Urban Element of the General Plans, as the project will be developed with the highest quality design, materials, finishes and construction and a plaza connecting to the public right-of-way to encourage public interaction will be provided. Finally, the project meets Goal 6.0 of the Circulation Element as an easement across the parcels facing Seventeenth Street to prevent the use of residential streets to service non-residential development. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2005-208, prepared with respect to this Project. The Planning Commission has, as a result of its consideration 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, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The Planning Commission hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Section 3. The Planning Commission after conducting the public hearing hereby approves for the property located at 1715 North Bristol Street: 1. Conditional Use Permit No. 2006-23, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow after hours operations. 2. Conditional Use Permit No. 2006-24, as conditioned in Exhibit liB" attached hereto and incorporated herein, to allow parking in the R2-B zone These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated February 12, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 31A-55 Resolution No. 2007-14 Page 5 of 14 ADOPTED this 12th day of February, 2007 by the following vote: AYES: Commissioners: Alderete,Betancourt,De La Torre,Gartner,Leo,Mill, Munoz (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Christopher Leo Chairman APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee Otto Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2007-14 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 12, 2007. Date: Planning Commission Secretary City of Santa Ana 31A-56 Resolution No. 2007-14 Page 6 of 14 Conditions for Approval for Conditional Use Permit No. 2006-23 Conditional Use Permit No. 2006-23 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1 . All proposed site improvements must conform to the Site Plan Review approval of DP No. 2005-79. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. A six-foot high masonry wall shall be maintained at the north property line to separate this use from adjacent residential use. 4. All site lighting shall be designed and located so as not to impact the residential properties north of the project. 5. An electronic shopping cart system (Cartronics or equivalent) shall be installed over the driveways and plaza to ensure the shopping carts remain within the site. 6. At minimum, a store associate shall be provided to monitor and collect carts hourly to ensure that all carts do not encroach into the required parking spaces. 7. Signage shall be provided on site to direct traffic wishing to travel east on Seventeenth Street toward the easement that accesses Baker Street. 8. The two public entrances shall remain operable and usable and not blocked/obstructed. 9. No darkening or covering of windows on the first floor. Exhibit A 31A-57 Resolution No. 2007-14 Page 7 of 14 10. Display, merchandise or signage located within a 12-foot radius area of the building entrances must be kept to a maximum height three feet and shall not block/obstruct any windows. 11. Speaker for the drive-through shall be a low volume unit and not oriented towards residences. B. Police DeDartment 1. The existing building and parking lot must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project's lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 2. The applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 3. Front cash registers must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. Pharmacy cash registers located at the rear of the store are exempt. 4. Window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Windows shall be kept clear of any advertising materials between three and six feet in height. 5. Window displays and racks must be kept to a maximum height of three feet including merchandise and cannot obstruct the cashiers view to the outside. 6. A timed-access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed. 7. Install a silent armed robbery alarm. 8. There shall be no coin-operated games maintained on the premises at any time. 9. All pay telephones shall be located inside the premises. 10. The petitioner(s) shall be responsible for maintaining the premises free of litter. 31A-58 Resolution No. 2007-14 Page 8 of 14 11. The conditional use permit shall be reviewed at ninety days, six months, at one year and then annually thereafter by the Police Department for any modification to the conditions of approval. 12. "No Loitering/Trespass" signs/placards shall be posted in the parking lot. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification as follows: a. A minimum of one color camera at each cash register that views the front of a customer, from the waist to the top of the head. b. A minimum of one color camera that views the full length side of a customer at the cash register area. c. A color camera recorder capable of recording events on all cameras simultaneously. d. A tape or disc storage library of recorded cameras kept for a minimum of 60 days. e. If video tape is used, tapes cannot be taped over more than six times. 14. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one-inch wide by three-inch long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet, six inches. 15. Deliveries cannot occur between the hours of 10:00 p.m. and 7:00 a.m. daily. 31A-59 Resolution No. 2007-14 Page 9 of 14 Conditions for Approval for Conditional Use Permit No. 2006-24 Conditional Use Permit No. 2006-24 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Plannina Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2005-79. 2. Any amendment to this conditional use permit must be submitted to the Planning Division and Police Department for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. A six-foot high masonry wall shall be maintained at the north property line to separate this use from adjacent residential use. 4. All site lighting shall be designed and located so as not to impact the residential properties north of the project. 5. An electronic shopping cart system (Cartronics or equivalent) shall be installed over the driveways and plaza to ensure the shopping carts remain within the site. 6. At minimum, a store associate shall be provided to monitor and collect carts hourly to ensure that all carts do not encroach into the required parking spaces. 7. Signage shall be provided on site to direct traffic wishing to travel east on Seventeenth Street toward the easement that accesses Baker Street. 8. The two public entrances shall remain operable and usable and not blocked/obstructed. 9. No darkening or covering of windows on the first floor. Exhibit B 31A-60 Resolution No. 2007-14 Page 10 of 14 10. Display, merchandise or signage located within a 12-foot radius area of the building entrances must be kept to a maximum height three feet and shall not block/obstruct any windows. 11 . The egress and ingress easement which runs across parcels facing Seventeenth Street shall be preserved. 12. No structures shall be located within 107 feet of the northern property line. This land shall be maintained as a parking and landscape buffer for the duration of the project. 13. A decorative driveway approach to be installed on the Bristol and Seventeenth Streets driveway entrances. Mitiaation Measures 14. During construction, the contractor would be required to comply with SCAQMD Fugitive Dust Rule 403 to suppress dust generated by construction operations. To ensure compliance with SCAQMD Fugitive Dust Rule 403, grading plans and demolition plans for the proposed project shall reflect the following notes: a. All material excavated or graded will be sufficiently watered to prevent excessive amounts of dust. b. 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. c. Streets surrounding the project site shall be cleaned at the end of each day of construction. d. All material transported offsite shall either be sufficiently watered or securely covered to prevent excessive amounts of dust. e. The amount of area disturbed by clearing and earthwork activities shall be minimized at all times. f. Equipment engines shall be maintained in good condition and in proper tune according to manufacturer's specifications. g. To the extent feasible, gasoline powered equipment shall be used for onsite and offsite construction activities. 15. Prior to the issuance of grading permits, the project developer shall provide proof of coverage under NPDES General Construction Activity 31A-61 Resolution No. 2007-14 Page 11 of 14 Storm Water Permit that includes: (a) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number; (b) Two copies of the Storm Water Pollution Prevention Plan. 16. Submit and have approved a surface drainage/utility plan that depicts all applicable "Site Design" structural "Source Control" and "Treatment Control" Best Management Practices (BMPs) in accordance with the Orange County Drainage Area Management Plan (DAMP) and the City of Santa Ana Local Implementation Plan (LIP). 17. Submit for approval a surface drainage/grading/erosion control plan. The plan is to include existing and proposed elevations at and adjacent to all property lines. Drainage routed to the street must be directed beneath the sidewalk and through the curb. 18. 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) A copy of the project's permit issued by the State Water Resource Control Board that identifies the permit number, (b) Two copies of the Storm Water Pollution Prevention Plan. 19. 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. 20. Provide two copies of the Water Quality Management Plan that would include the following: a. Site Assessment b. Site design Best Management Practices (BMP) c. Applicable Routine Source Control BMP d. Selecting and sizing the Treatment Control BMP. e. Mechanisms by which funding for long-term operation and maintenance of all structural BMP will be provided. f. Operation and Maintenance Plan to describe the long-term operation and maintenance requirements of all applicable structural BMP and to identify the entity in charge of implementation. 31A-62 Resolution No. 2007-14 Page 12 of 14 21. The proposed project would be subject to City of Santa Ana Federal Clean Water Protection Enterprise Fees. 31A-63 Resolution No. 2007-14 Page 13 of 14 PROOF OF SERVICE (C.C.P. SECTION 1 013(a), 2015.5) STATE OF CALIFORNIA. COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd, Santa Ana, California 92702. Shane Arters Evergreen Devco, Inc. 2390 East Camelback Rd., #410 Phoenix, AZ.. 85016 Alan Kalman Nathan Ogints Trust 1715 North Bristol Street Santa Ana, CA. 92706 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on [date] at Santa Ana, California. MARTHA RAMIREZ 31A-64 Resolution No. 2007-14 Page 14 of 14