RES-9354 Certifying Adequacy of Finalized Environment Impact Report No. 1278RESOLUTION NO. 9354
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE (A) ADOPTING FINDINGS OF
FACT, (B) READOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS, AND (C)
CERTIFYING THE ADEQUACY OF FINAL
ENVIRONMENT AL IMPACT REPORT NO. 1278, AS
SUPPLEMENTED BY THE SUPPLEMENT TO
FINAL ENVIRONMENTAL IMPACT REPORT 1278,
PREPARED FOR THE CITY OF ORANGE
GENERAL PLAN AMENDMENT NO. 2-
88-A CITY
OF ORANGE SUPPLEMENTED ENVIRONMENTAL IMPACT
REPORT 1278 VHEREAS, the City Council of the City of Orange approved and adopted
General Plan Amendment No. 2-88-A on December 19, 1989, for the 7,110 acre area
owned by The Irvine Company in City's eastern sphere of influence (the "East
Orange General Plan"); and HEREAS, a Final Environmental Impact Report ("FEIR") was
prepared for the East Orange General Plan and certified as complete and adequate by the
City Council by its Resolution No. 7474 also adopted on
December 19, 1989; and WHEREAS, through its Resolution No. 7474, the City
Council also adopted Findings with respect to the potential environmental impacts of the East Orange
General Plan, and a Statement of Overriding Considerations, as required by
the California Environmental Quality Act ("CEQA") and
the CEQA Guidelines; and NHEREAS, General Plan Amendment No. 2-00
and Zone Change and Pre-Zone Change 1204-00 (the "Santiago Hills Phase II
Amendment") was initiated to amend the East Orange General Plan and establish zoning for that portion
of the City's eastern sphere of influence that lies generally to the
west of the Eastern Transportation Corridor; and WHEREAS, an initial study was prepared
for the Santiago Hills Phase II Amendment,and based upon that initial study the City determined
that a Supplement to the FEIR (the Supplement") should be prepared for the City with
respect to that Amendment, pursuant to the direction of
Section 15163 of the CEQA Guidelines; and WHEREAS, the Supplement was circulated for
public review and comment for at least the 45 days required by CEQA, with the comment
period ending on July 14,2000; and WHEREAS, responses to the comments
received on the Supplement (the "Responses to Comml;:nts") have been prepared
VVHEREAS, the Planning Commission has reviewed the FEIR, the Supplement and the
Responsc~s to Comments, and recommended approval ofthe Santiago Hills II Amendment; and
VVHEREAS, the City Council held a public hearing on October 10, 2000 to consider the
FEIR, the Supplement and the Responses to Comments, and to hear public testimony concerning
the Santiago Hills Phase II Amendment.
NOW,
THEREFORE, the City Council finds and declares as follows:a.
The Supplement and Responses to Comments have been completed in compliance
with CEQA and the State CEQA Guidelines; and b.
The City Council has carefully reviewed and considered the information contained
in the FEIR, the Supplement and the Responses to Comments prior
to taking action on the Santiago Hills Phase II Amendment; and c.
The FEIR, the Supplement and the Responses to Comments were presented
to the City Council for its review and consideration, and the City
Council reviewed and considered the information contained therein prior
to approving the Santiago Hills Phase II Amendment; and d.
The FEIR, the Supplement and the Responses to Comments reflect the independent
judgment and analysis of the City of Orange; and Based
on the FEIR, the Supplement and the Responses to Comments, the City
Council finds that the FEIR, as supplemented by the Supplement and the
Responses to Comments, is an adequate assessment of the potentially significant
environmental impacts of the Santiago Hills Phase II amendment
and of the East Orange General Plan, as so amended; and f.
The City Council hereby makes and readopts the Findings and Statement of
Overriding Considerations made and adopted with Resolution 7474, as supplemented
by those additional Findings attached hereto, identifying how
the City has eliminated or substantially lessened all significant effects on
the environment where feasible; and g.
The City Council adopts the Mitigation Monitoring Program for Santiago Hills
Phase II dated September 27, 2000 as the mitigation monitoring program
for that project.ADOPTED
this
14th day of November, 2000.
ATTEST:
I
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 14th day of November,2000,
by the following vote:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL
MEMBERS:COUNCIL
MEMBERS:COUNCIL
MEMBERS:COUNCIL
MEMBERS:SLATER,
MAYOR COONTZ, SPURGEON NONE
MURPHY,
ALVAREZ NONE
CtU4~-
1::I/;~CassandraJ. Cathc ,City Clerk of the City of Orange r---
SUPPLEMENTAL FINDINGS AND FACTS
IN SUPPORT OF FINDINGS FOR
SANTIAGO HILLS PHASE II
Introduction
Final Environmental Impact Report No. 1278 (the "FEIR") concluded that even
with mitigation potentially significant impacts from the East Orange General Plan remained
unavoidable in the following categories, as briefly summarized below:
I"'"
Category Impact Summary
Landform and Although development areas are concentrated to preserve such areas as
topography Limestone Canyon and reduce grading, project grading will nonetheless involve
landform changes as summarized in the FEIR.
Water quality Since water quality impacts from urban development in the East Orange
General Plan area cannot be quantified at the general plan level of project detail,
the City could not find that all impacts could be mitigated to a level of
insignificance.
Biology Given the size of the East Orange General Plan development area, the impacts
of the project cumulatively were considered significant and unavoidable.
Traffic and circulation After mitigation, three road segments were predicted to operate at worse than an
LOS "D": Chapman Avenue between Cannon Road and Canyon View Avenue,
Chapman Avenue from State Route 55 to Prospect Avenue, and Newport
Avenue from 17th Street to Crawford Canyon Road.
Air quality In 1989, the South Coast Air Basin did not have an approved Air Quality
Management Plan, and accordingly since the project was in an area that violated
state and federal air quality standards, any increase in emissions was considered
significant.
Noise Although the project complies with all adopted noise standards, given the very
low existing ambient noise levels enjoyed in the area in 1989 the FEIR
concluded that noise increases associated with the project would be significant.
Natural resources and Given the size of the East Orange General Plan project, on a cumulative level
energy the impacts of the project in terms of natural resource and energy consumption
were considered significant.
Visual resources The introduction of urban uses into the East Orange General Plan area was
considered a significant impact, given the importance some members of the
public place on protecting non-urbanized areas from any
development.AStat€::ment of Overriding Considerations was adopted by the City, explaining why the
public benefits to be secured by the East Orange General Plan outweighed these potential,
unavoidable significant" environmental
impacts.In conjunction with the Santiago Hills Phase II Amendment (the "Amendment") to
the East Orange General Plan, an initial study was prepared to assess whether any of the
conditions OC_DOC:S\386343.4 [
specified in Public Resources Code Section 21166 might exist, requiring additional
environmental documents for the Amendment. From the Initial Study, the City concluded that a
Supplemental EIR should be prepared addressing the following categories of potential impact,
for the following general reasons:
Category General Basis for Supplemental Analysis
Land use and planning Although surrounding land uses are generally the same as analyzed in the FEIR,
the City decided that it should re-examine the Amendment in light of
known land use conditions and plans for
2000.Traffic and circulation Although the Amendment will significantly reduce trips from those
allowed under the East Orange General Plan, the City decided to update the
traffic forecasts for the Amendment under current conditions and
plans.Noise Although the Amendment will significantly reduce trips from those
allowed under the East Orange General Plan, and as a consequence, noise impacts
which are largely traffic related, with the ETC in operation the City decided to
update the traffic forecasts for the Amendment under current conditions and
plans.Air Quality Although the Amendment will significantly reduce trips from those
allowed under the East Orange General Plan, and as a consequence, air quality
impacts which are largely traffic related, the City decided to update the traffic
forecasts for the Amendment under current conditions and
plans.Biology Since 1989, several species that might occur in the Amendment area have
been listed as endangered or threatened (e.g., the California gnatcatcher), and
the County has adopted an NCCP to address that species and others.
Accordingly,the City decided it would be prudent to update analyses of the
potential biological resource impacts of the
Amendment.Visual Resources Given proposed land use modifications adjacent to visually important
areas e.g., in Area G), the City elected to update visual impact
analyses.Public Services and Given proposed land use modifications, the City elected to analyze the
impacts Utilities of the modifications on public services and
utilities.Hydrology and Water Given proposed land use modifications, the City elected to analyze the
impacts Quality of the modifications in terms of hydrology and water
quality.Geotechnical Given proposed land use modifications, the City elected to analyze the
impacts of the modifications in terms of geotechnical
issues.Cultural Resources The City decided that any updated information concerning cultural
resources that might be impacted from the Amendment should be consulted through
the
Supplement.After e:xamining these categories of potential impact, the Supplement concludes and the
City Council finds that there are no (1) new significant environmental effects due to
Amendment modifications, (2) changed circumstances involving new significant environmental
effects, .........,and/or (3) new information concerning significant environmental effects, in the
following categories: land use and planning, traffic and circulation, noise, air quality, public services
and utilities, geotechnical, and cultural resources. In each instance, the Amendment represents
a reduction in project impacts over the East Orange General Plan, even considering
current conditions and information. With respect to the remaining categories - biological resources,
water quality and visual resources - theCity makes the following supplemental findings.OC_
DOCS\386343.4 [W97]
Supplemental Findings
Biological Resources:
The potential impacts of the Amendment on biological resources is summarized in Section .
5-4 of the FEIR, as supplemented by Section 3.5 of the Supplement. As with other
potential impact categories, in general the Amendment represents a further overall reduction in
potential impacts on significant biological resources, by increasing the amount of preserved open
space, and expanding wetland habitat.
Between certification ofFEIR 1278 and now, a variety of species that occur or could
potentially occur in the Amendment area have been listed as endangered or threatened, or
identified as sensitive species, including the coastal California gnatcatcher. In 1996, the United
States Fish and Wildlife Service and California Department ofFish and Game, and local
agencies and landowners, have created the Natural Communities Conservation Program for the
Central and Coastal Subregions of Orange County (the "NCCP"), which includes the project
area, to mitigate for potential impacts to most of those species, as identified in Table 3 .5-1 of
the Supplement. The NCCP Reserve system was designed according to a biological
planning process which resulted in prudent decisions regarding the location of development
areas including the project area), habitat conservation areas, urbani wildland interface and
wildlife connectivity. The land use plan and project mitigation measures are consistent with the
NCCP.While subsequently listed non-plant species have been detected in the
Amendment area,the potential impacts to those species have also been mitigated to levels of insignificance
by the NCCP. No identified state and/or federally listed endangered or threatened plant
species were detected on the Amendment area during any of the most recent surveys of the
Amendment area.However, recent surveys of the Amendment area either were not conducted
sufficiently recently to satisfy established avoidance protocols, will become "stale" by the time
development can feasibly occur, or otherwise require supplementation. Moreover, many of the species
included in federal or state endangered species lists, or identified as sensitive, are mobile (
directly, or through seed dispersion), and can occupy areas that may previously have been
unoccupied, if suitable: habitat exists. While the Supplement concludes the Amendment will not
cause a significant effect to biological resources, the City has concluded that additional
surveys should be conducted closer to and prior to commencement of grading, in conjunction
with CEQA processing of grading plans, to verify that conclusion. Accordingly, the City
has adopted mitigation measures B-2 through B-11, inclusive, as modified
in response to comments.Additionally, the City is imposing mitigation measure B-1 to
ensure that the additional wetlands I"'" included with this project modification are properly
created, restored, or maintained consistent with habitat functions, and mitigation measure B-12
to address potential problems with species invading nearby residential areas as the project
is graded. Incorporation of these mitigation measures, in conjunction with the NCCP, substantially lessen
the impacts of the Amendment on biological
resources to acceptable, and insignificant, levels.
Water Quality:
The impacts of the Amendment in terms of water quality are summarized in Section 5-
3 of the FEIR, as supplemented by Section 3.8 of the Supplement. The City finds, as discussed -
there and further explained in the Responses to Comments, the Amendment would be less
intense and have incrementally reduced impacts in terms of water quality from those described in
the FErR. Standards for reduction of urban pollutants in storm waters, and for protection of
receiving waters, have been further refined since 1989. The Amendment will have to comply
with those standards, further ensuring that the impacts from the Amendment in terms of water
quality will be reduced from the impacts considered in the FEIR. While Peters Canyon Regional
Park was not formally created until after certification of the FEIR, the FEIR did identify the Park
as a future probability, so that it's subsequent dedication to the County is not new information not
considered in the FEIR. Accordingly, none of the circumstances identified in Public Resources
Code section 21166 have been found to exist with respect to water quality impacts.
However, as with the East Orange General Plan, at this level ofproject detail, it is not
possibh~ to quantify potential water quality impacts from the Amendment. Instead, the City is
adopting mitigation measures W -1 through W -6, as modified, which require preparation of a
Runoff Management Plan and drainage and flood control master plan meeting established criteria
prior to issuance of grading permits (and subject to CEQA processing), and compliance with the
County's storm water NPDES permit and its performance criteria. Although by requiring
consistc~ncy with applicable water quality standards compliance with these measures will
substantially lessen the water quality impacts of the Amendment to acceptable levels, at this
level of discretionary review it cannot be concluded that all such impacts will be reduced to
levels of insignificance.
Visual Resources:
The potential visual resource impacts of the Amendment are summarized in Section 5-
14 ofthe FEIR, as supplemented by Section 3.6 ofthe Supplement. As explained in
the Supplement, due to geologic information developed subsequent to certification of the
FEIR,grading along Zoning Sector E (formerly Sector G in the Supplement) will result in the
removal of morc~ oak trees and habitat in the canyon immediately east of Irvine Regional Park,
potentially exposing Park users to unscreened views of development in Sector
E.In order to mitigate that potential impact, and to mitigate visual impacts generally,
the City has adopted mitigation measures V-I through V -7, inclusive. These
mitigation measures '"'require The Irvine Company to replace removed oak trees at a ratio of two to one (size
to be determined), and to plant at least two mature oak trees adjacent to the existing equestrian
trail, to provide visual screening of Sector E from the Park. They further require The Irvine
Company to set builldings back from the top of slope, and to incorporate contour grading and
native plant landscaping into manufactured slopes again to mitigate the visual impacts ofthe project
on Irvine Regional Park. With these measures, and the land dedication called for in
mitigation measuresvV-I through V-7, the potential visual impacts of the project have been
substantially lessened to acceptable
and insignificant levels.OC_lXX:S\
Additional Alternatives:
Alternatives to the Amendment are addressed in Section 6 of the FEIR, and summarized
r- in Section 4 of the Supplement. The City Council's findings with respect to those alternatives
have belen re-adopted with these findings, and remain
valid.The project as approved is itself a refinement of, and environmentally superior to,
the project described in the Supplement in several respects, addressing comments received
during the revilew period for the Supplement. In particular, the project has been modified in
the following
respects:Zoning () rigi n all~ ')odifkd I and Original 'lax. ')odifkd'
lax.
I Proposedl'st. l ;"l' Iknsit, " J)ensit~ /Sel'lor(
s)IlItt.'nsit~ I
ntensit~E Low Density Low-Medium 139 Dwelling
220 Dwelling Residential Density
Units
Units Residential F Retail Low-Medium 200,000
square 150 Dwelling
Density
feet Units Residential G, II and I Mixed Density Mixed Density 732
Dwelling 913 Dwelling Residentiae
Residential Units Units J Mixed Density Low Density 821
Dwelling 343 Dwelling Residential3
Residential Units Units K Medium Density Low-Medium
194 Dwelling 120 Dwelling
Residential
Density Units Units Residential TOTALS 1,886
Dwelling 1,746 Dwelling
Units/ 200, 000
Units
square feet retail r-1 These Zoning Sector designations refer to the Modified plan, rather than as
originally designated in the
Supplemental EIR, Exhibit 2-4.2 Sectors G, H, and I correspond to former Sectors J, Hand K comprising a
roughly rectangular area bounded by Chapman A venue on the south, Jamboree Road on the west, Santiago Canyon Road on
the north, and the Eastern TranspOltation Corridor on the east. The original plan proposed low-medium
density residential uses at the eastern and western ends of this area, and low density residential in the middle
portion. The Modified Plan places low density residential uses on the eastern half of the area, adjacent to
existing Santiago Hills residences, with low-medium and medium density
residential uses closer to the ETC.3 Sector J comprises what was originally proposed as Sectors I, Land N.
Sector L was proposed for medium density residential use, and Sector I for low density residential use, and Sector
N
for lowmedium density residential
These modifications have been made to the Amendment in order to accomplish the following, in
response to public comments and issues:
The conversion of Sector F from retail to residential use eliminates potential competition .-,with
the existing shopping center on Chapman, which should help bolster its sales performance
as this project is built out.The
conversion of Sector F from retail to residential use ensures compatibility with existing residences
immediately north of Sector F, and provides a less commercial entrance appearance
along Jamboree Road leading to Irvine regional Park.Restricting
Sectors G and J to low density residential uses, and concentration of higher density
residential uses adjacent to the Eastern Transportation Corridor, provides better compatibility
with the existing low density residential areas along Jamboree Road.Re-
designating Sector E to low-medium density residential uses allows for greater
clustering of units, in turn providing for an enhanced set-back from the top of slope
facing Irvine Regional Park to further avoid visual intrusions from development on
Park users.The City Council finds that these changes further reduce all potential impacts
ofthe project below levels identified in the Supplement, and represent an improvement overall in
the planning and zoning for the
effected
property.OC_DOCS\386343.4 [