RES-10444 Adopting Mitigated Negative DeclarationRESOLUTION NO. 10444
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND ADOPTING
MITIGATED NEGATIVE DECLARATION NO. 1822-
09 AND GENERAL PLAN AMENDMENT NO. 2009-
05, ADOPTING THE 2006-2014 GENERAL
PLAN HOUSING
ELEMENT.APPLICANT: CITY OF
ORANGE WHEREAS, the Housing Element is one of the required chapters of the City'
s General Plan, required by State law;
and WHEREAS, the City previously adopted its 1998-2005 General
Plan Housing Element in
2001; and WHEREAS, the California Government Code requires cities to review
and update their Housing Element every five years, according to a schedule set forth by
the State Department of Housing and Community
Development; and WHEREAS, the City desires to update its Housing Element to ensure
that it accurately reflects the City's official housing policy and contains policy
actions and programs that address the housing needs of the Orange
community; and WHEREAS, the City has prepared the 2006-2014 Housing
Element, dated February 2010, as an update to its previously approved 2001 Housing Element,
in compliance with
State law; and WHEREAS, the City has prepared Mitigated Negative
Declaration (MND) No.1822-09 in compliance with the provisions of the
California Environmental
Quality Act CEQA); and WHEREAS, the Planning Commission has
authority per California Government Code Section 65358 and Orange MunicipalCode Sections17.08.020, 17.10.
010, 17.10.080,and 17.10.085 to review and make recommendations to the City
Council relating to MND No. 1822-09, and General
Plan Amendment No. 2009-05; and WHEREAS, the Planning Commission
conducted one duly advertised public hearing on March 1, 2010, and recommended that the City
Council approve and adopt MND No.1822-09 and General Plan Amendment No.
2009-05, adopting the 2006-2014
WHEREAS, the City Council conducted one duly advertised public hearing on April
13, 2010, for the purpose of considering MND No. 1822-09 and General Plan
Amendment No. 2009-05, adopting the 2006-2014 City of Orange General Plan
Housing
Element update;and WHEREAS, the City Council reviewed the recommendation
of the Planning Commission, and reviewed and considered the Housing Element, along
with the information contained in MND No. 1822-09, including the Initial
Study, Mitigation Monitoring and Reporting Program, comments received during the public
review period, responses to comments, and
documents related thereto; and WHEREAS, based on the review of the record in its
entirety and exercising the independent judgment of the City Council, the City Council finds
that the Housing Element will not have a significant effect to the environment with
the
implementation of mitigation measures.NOW, THEREFORE, BE IT RESOLVED that the
City Council hereby approves and adopts MND No. 1822-09 and General Plan
Amendment No. 2009-05, adopting the 2006-2014 General Plan Housing Element based on
the findings
contained in Section 1 of this Resolution.BE IT FURTHER RESOLVED that
the City Council hereby directs staff to implement the policy action
programs identified in the 2006-
2014 Housing Element,including but not limited to:Establishing a mixed use zoning district
with a minimum density of 30 dwelling units per
acre and residential uses permitted "by right"; and Establishing a housing overlay
zone of 57 acres permitting exclusive residential uses and requiring non-
residential uses and mixed use projects to undergo discretionary
Site Plan Review, subject to certain housing-related findings; and Establishing
a Regional Housing Needs Assessment (RHNA) site tracking system to ensure adequate
housing
capacity exists
within the overlay zone to meet RHNA goals.SECTION 1-FINDINGS 1. The
General Plan Housing Element meets the requirements
of Housing Element law Article 10.6 of the Government
Code).The Housing Element contains a housing needs assessment, resources
and constraints analysis, review of past performance, housing policy program
and adequate sites analysis, consistent with State requirements. Further, the
State Department of Housing and Community Development (HCD) reviewed the Public Review
Draft Housing Element and issued a letter of substantial conformance (dated June
19, 2009) finding that the Housing Element substantially conforms to State law.
Although minor changes were made to the Public Review Draft Housing Element
after
same, and continues to comply with State law. Following City Council adoption of
the 2006-2014 Housing Element, a copy will be submitted to the State for
final
certification.2. The Housing Element is generally consistent with the goals and policies
stated within all other elements of the City's General
Plan.The Housing Element has been reviewed and is generally consistent with the
goals and policies of the remaining elements of the City's General
Plan.3. The Housing Element advances the State's housing goal of "decent housing and
a suitable living environment for all members of the
community ".The Housing Element contains a needs assessment documenting housing needs
in the Orange community and establishes policy action programs to meet those
needs through the preservation, conservation, improvement and production of
housing units in Orange. The housing policy action programs aim to provide
opportunities for production of new housing units for all income levels, and also address
housing for special needs groups including seniors, large families and workforce housing.
As such, City Council adoption of the Housing Element and implementation of
the housing policy action programs advance the State's housing goal of
providing decent housing and a suitable living environment for all members of
the
community".SECTION 2 -ENVIRONMENTAL
REVIEW MND No. 1822-09 was prepared to evaluate the physical environmental
impacts of the project, in conformance with the provisions of the California Environmental
Quality Act CEQA) per State CEQA Guidelines Section 15070 and in conformance with
the Local CEQA Guidelines. The MND finds that the project will have less than significant
impacts to the environment, with the implementation of
mitigation measures.The MND was circulated fora 30-day public review period from
January 6, 2010,through February 4, 2010. The Planning Commission reviewed
and considered written comment letters received during the CEQA public review period along with
any testimony at the public hearing. After examining the MND and associated
Mitigation Monitoring and Reporting Program, the City Council finds that that the project will not
result in significant impacts to the environment, and approves and adopts the 2006-
2014
General Plan Housing Element.
SECTION 3 -MITIGATION MEASURES BE IT FURTHER RESOLVED that the following
mitigation measures are imposed with the approval and adoption of the 2006-
2014
Mitigation Measures
CULTURAL RESOURCES
CUL-1 Require cultural resources inventories of all new development projects in
areas identified with medium or high potential for archaeological or cultural
resources.Where a preliminary site survey finds medium to high potential for
substantial archaeological remains, the City shall require a mitigation plan to protect
the resource before issuance of permits. Mitigation may
include:Ensuring that a qualified archaeologist is present during initial grading
or
trenching;Redesigning the project to avoid archaeological
resources;Capping the site with a layer of fill; and/
or Excavating and removing the archaeological resources and
implementing curation in an appropriate facility under the direction of a
qualified
archaeologist.Alert applicants for permits within early settlement areas to the
potential sensitivity. If significant archaeological resources are discovered
during construction or grading activities, such activities shall cease in the immediate
area of the find until a qualified archaeologist can determine the significance of
the resource and recommend alternative mitigation. [Source: General Plan
Draft EIR, 2009, Mitigation Measure 5.
5-10]GEOLOGY
AND SOILS GEO-1 Pursuant to state law, geologic and/or geotechnical studies
are required for proposed new development projects located in areas identified
as susceptible to landslides and liquefaction, and for areas within an Earthquake
Fault Zone or within 150 feet of an active or potentially active
fault. Binding mitigation strategies must be adopted. Compliance with the recommendations
set forth in site-specif c geologic and/or geotechnical studies will be
made a condition of approval for new development. In addition, the City
may require applicants to incorporate measures to stabilize and maintain slopes
on a site-by-site basis,including, but not limited to,
proper planting, irrigation, retaining walls, and benching. [General PlanDraft
EIR, 2009, Mitigation Measure
5.6-1 ]HAZARDS AND HAZARDOUS MATERIALS HAZ-1 Prior to the issuance
of any Grading Permits for development sites with documented or inferred
presence of hazardous
materials,
Conduct a Phase I Environmental Site Assessment (ESA) of the project site in
order to determine whether it or immediately adjacent areas have a record of
hazardous material contamination. The ESA shall be submitted to the City for
review.
In the event contamination is found, the ESA shall characterize the site
according to the nature and extent of contamination that is present prior to
proceeding with development. If contamination is determined to be on site,
the City, in accordance with appropriate regulatory agencies (Orange County
Health Care Agency, Regional Water Quality Control Board, etc), shall
determine the need for further investigation and/or remediation of the soils
conditions on the contaminated site. If further investigation or remediation is
required, it shall be the responsibility of the Applicant to complete such
investigation and/or remediation prior to construction of the project.
If remediation is required as identified by the local oversight agency, it shall
be accomplished in a manner that reduces risk to below applicable standards
and shall be completed prior to issuance of any Occupancy Permits.
HAZ-2 In the event that unidentified soil and/or groundwater contamination that
could present a threat to human health or the environment is encountered
during construction of any project, construction activities in the immediate vicinity of
the contamination shall cease immediately. If contamination is encountered, work
in the area shall be stopped immediately and regulatory agencies shall be
contacted.The site shall be covered and secured, and a remediation plan shall be
prepared and implemented per local oversight agency
requirements.HAZ-3 Prior to issuance of a Building Permit, Applicants of
new residential developments shall use the most current available Airport Environs
Land Use Plan (AELUP) as a planning resource for evaluating heliport
and airport operations, as well as land use compatibility and land use intensity
in the proximity of Los Alamitos Joint Training Base, John Wayne Airport,
and the Long
Beach Airport.HYDROLOGY AND
WATER QUALITY HYD-I Before making land use decisions, the City shall utilize
available methods to estimate increases in pollutant loads and flows resulting
from
projected future development.The City shall follow the most current NPDES Permit and
County of Orange DAMP to ensure that the City complies with applicable
federal and state regulations. Applicants for new development and
redevelopment projects shall demonstrate accomplishment
of
Use structural and nonstructural BMPs to mitigate project increases in
pollutant loads and flows;
Control the velocity of pollutant loading flows during and after construction;
Limit areas of impervious surface and preserve natural areas;
Limit directly connected areas of impervious surfaces;
Use natural treatment systems such as wetlands and bioswales to treat storm
runoff where technically and economically feasible;
Provide on-site infiltration and temporary on-site
retention areas;Limit disturbance of natural water bodies, natural drainage
systems, and highly erodable
areas; and Use pollution prevention methods, source controls, and treatment
with small collection strategies located at or as close as possible to
the source.In addition, applicants for large development projects are required to
meet site predevelopment hydrologic conditions and to retain runoff
on-site where technically feasible. [Source: General Plan Draft EIR,
2009, Mitigation
Measure
5.8-3]NOISE NOI-1 Comply with all provisions of CEQA. In addition
to thresholds that may be established or adopted by the City in the future,
use the following thresholds and procedures for CEQA analysis of
proposed projects, consistent with policies
adopted within the General Plan:The City shall apply the noise standards specified in Table
N-3 and N-4 of the Noise
Element to proposed projects analyzed under CEQA.In addition to the foregoing, an increase
in ambient noise levels is assumed to be a significant noise impact if
a proposed project causes
ambient noise levels to exceed the following:Where the existing ambient noise level
is less than 60 dBA, aproject-related permanent increase in ambient noise
levels
of 5 dBA CNEL or greater.Where the existing ambient noise level is
greater than 60 dBA, aproject-related permanent increase in ambient noise levels
of
3 dBA CNEL or greater.General Plan DraftEIR,
2009, Mitigation Measure 5.10-1 ]NOI-2 Review development proposals
to ensure that the noise standards and compatibility criteria set forth in
the Noise Element are met. Consult Noise Element guidelines and standards for
noise compatible land uses to determine the suitability of proposed
developments relative to existing and forecasted noise levels. Enforce the California
Noise Insulation Standards to ensure an acceptable interior noise level of 45 dBA
CNEL in habitable rooms. Amend the Noise Ordinance to implement the noise standards
presented in Tables
N-
Develop noise impact analysis guidelines that describe the City's desired
procedure and format for acoustical studies. Acoustical studies will be required
for all discretionary projects where any of the following apply:
The project includes a noise sensitive land use that is located within the
existing or future 65 dBA CNEL contour for transportation noise sources.
The project will cause future traffic volumes to increase by 25 percent or more
on any roadway that fronts residential, institutional, or open space land uses.
The project will expose a noise sensitive land use to a stationary noise source
or vibration source exceeding the standards outlines in Table N-4 of the
Noise Element. Such stationary sources may include mechanical
equipment operations, entertainment venues, industrial facilities, and
property
maintenance.The project includes a noise sensitive land use in the vicinity of existing
or proposed commercial and industrial
areas.The project is a mixed use development that includes a residential
component.The focus of this type of acoustical study is to determine likely interior
and exterior noise levels and to recommend appropriate design features to
reduce
noise.An acoustical analysis prepared in accordance with the Noise Element
shall:Be the financial responsibility of the applicant seeking City approval of
a
project;Be prepared by a qualified person experienced in the fields of
environmental noise assessment and architectural
acoustics;Include representative noise level measurements with sufficient
sampling periods and locations to adequately describe local conditions and
predominant noise
sources;Estimate existing and projected cumulative (20 years) noise in terms of
CNEL or Leq, and compare those noise levels to the adopted standards and policies
of the Noise
Element;Recommend appropriate mitigation to achieve compliance with the
adopted policies and standards of the Noise Element. Where the noise source
in questions consists of intermittent single events, the report must address
the effects of maximum noise levels in sleeping rooms in terms of possible
sleep
disturbance;Estimate noise exposure after the prescribed mitigation measures have
been implemented;
and Describe apost-project assessment program that could be used to
evaluate the effectiveness of the proposed
mitigation measures.Source: General Plan Draft EIR, 2009, Mitigation Measure
5.10-2]NOI-3 When the City exercises discretionary review,
provides financial assistance, or otherwise facilities residential development within a
mixed use area, make providing written warning to potential residents about
noise
of that approval, assistance, or facilitation. The following language is provided as
an example: All potential buyers and/or renters of residential property within
mixed use districts in the City of Orange are hereby notified that they may be
subject to audible noise levels generated by business and entertainment related
operations common to such areas, including amplified sound, music, delivery and
passenger vehicles, mechanical noise, pedestrians, and other urban noise
sources. [Source: General Plan Draft EIR, 2009, Mitigation Measure 5.10-
8J TRANSPORTATION/
TRAFFIC TR-1 Require preparation of Traffic Impact Analysis for
new discretionary development projects per the City's Traffic Impact Analysis
Guidelines. For projects that increase V/C by .O1 or more on affected roadway
segments or intersections experiencing or those are projected to experience LOS E
or F conditions without the proposed project, Traffic Impacts Analyses
must propose binding mitigation strategies to be incorporated within the
project. [Source:General Plan Draft EIR, 2009, Mitigation Measure
5.14-3]ADOPTED this 13th day
of April, 2010 V ave che, Mayor,
City
of Orange ATTEST;Mary-B. ,
City
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was duly and regularly adopted by the City Council of
the City of Orange at a regular meeting thereof held on the 13th day of April, 2010, by the
following vote:
AYES:COUNCILMEMBERS:Smith, Cavecche, Dumitru, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:Murphy
ABSTAIN:COUNCILMEMBERS:None
Mary E. rp ,City Clerk, Ci Orange