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RES-10889 Tentative Tract Map ApprovalRESOLUTION NO. 10889 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE TO (A) CERTIFY THE ADEQUACY OF FINAL ENVIRONMENTAL IMPACT REPORT 1839- 14 (B) ADOPT FINDINGS OF FACT, (C) ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS, AND (D) ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR RELATED PROJECT ENTITLEMENTS DESIGNATED AS TENTATIVE TRACT MAP NO. 0035 -14, MAJOR SITE PLAN NO. 0790 -14, CONDITIONAL USE PERMIT NO. 2981 -15, AND DESIGN REVIEW NO. 4764 -14 FOR THE CONSTRUCTION OF 40 NEW DETACHED TWO - STORY SINGLE - FAMILY RESIDENCES ON THE FORMER 16 ACRE MARYWOOD PASTORAL CENTER SITE LOCATED AT 2811 EAST VILLAREAL DRIVE. WHEREAS, the City Council has authority per City of Orange Environmental Review Guidelines to certify Environmental Impact Report 1839 -14 (SCH 42015041033); and WHEREAS, the applicant has submitted a project in accordance with requirements of the Municipal Code of the City of Orange and is known as the Marywood Residential Development Project which consists of Tentative Tract Map No. 0035 -14, Major Site Plan No. 0790 -14, Conditional Use Permit No. 2981 -15, Design Review No. 4764 -14, and Environmental Review No. 1839 -14, all of which are collectively referred to herein as the Project "; and WHEREAS, The Project, which by necessity includes Environmental Impact Report 1839 -14 (SCH #2015041033), was filed by The New Home Company, in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, the environmental impacts of the project have been analyzed through Draft Environmental Impact Report No. 1839 -14, changes and revisions (Errata) to Draft Environmental Impact Report 1839 -14, the Response to Comments, technical appendices, and the Mitigation Monitoring Program, pursuant to the provisions of the California Environmental Quality Act (CEQA), local CEQA Guidelines, and the State CEQA Guidelines, a copy of which is on file with the Community Development Department of the City of Orange; and WHEREAS, Draft Environmental Impact Report No. 1839 -14 was circulated for public review and comment within a State mandated 45 -day public review period as required by CEQA, with the comment period that occurred between June 19, 2015 and ended on August 3, 2015; and WHEREAS, responses to the comments received on Draft Environmental Impact Report No. 1839 -14 have been prepared to the satisfaction of the City; and WHEREAS, the Planning Commission conducted a duly advertised public hearing on Monday, September 21, 2015, and adopted Planning Commission Resolution No. PC 29- 15 which contains a recommendation that the City Council certify Final Environmental Impact Report No. 1839 -14; and WHEREAS, the City Council has reviewed Final Environmental Impact Report No. 1839 -14; and WHEREAS, the City Council held a duly advertised public hearing on October 13, 2015 for the purpose of considering Final Environmental Impact Report No. 1839 -14; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the proposed Project, including potential environmental impacts addressed in Final Environmental Impact Report No. 1839 -14. NOW, THEREFORE, BE IT RESOLVED that the City Council finds and declares as follows: 1. The Draft Environmental Impact Report No. 1839 -14 for the project has been completed in compliance with the California Environmental Quality Act, local CEQA Guidelines, and State CEQA Guidelines; and 2. Draft Environmental Impact Report No. 1839 -14 reflects the independent judgment and analysis of the City of Orange; and 3. Based on the information contained in Draft Environmental Impact Report No. 1839- 14, the City Council finds that the environmental impact report provides an adequate assessment of the potentially significant environmental impacts of the proposed project and required discretionary permits; and 4. The City Council adopts of the Findings of Fact (Attachment A), and the Statement of Overriding Considerations (Attachment B), attached hereto and incorporated by this reference, which documents and supports the conclusion that even with the implementation of all feasible mitigation measures recommended in Draft Environmental Impact Report No. 1839 -14, it is infeasible to reduce the project's impacts on cultural resources to a level of insignificance, and which further sets forth the overriding benefits of the project which outweigh the unavoidable environmental impact of the project. Therefore, the City Council finds that the project's benefits outweigh the adverse impacts; and City Council Resolution No. 10889 Page 2 of 3 5. The City Council adopts of the Mitigation Monitoring and Reporting Program included in Draft Environmental Impact Report No. 1839 -14 and incorporated by this reference) as the mitigation- monitoring and reporting program for the Project; and 6. The proposed development is below greenhouse gas (GHG) thresholds established by the State; and 7. Based on the forgoing, the City Council certifies Final Environmental Impact Report No. 1839 -14, and approves the project. ADOPTED this 13 day of October, 2015. Tere E. Smith, Mayor, City of Orange ATTEST: Mary E. MprPV, City Clerk, ity O ange 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 therefore held on the 13 day of October, 2015, by the following vote: MOTION: SECOND: AYES: ABSTAIN (RECUSED) ABSENT: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: Murphy Nichols Alvarez, Murphy, Nichols Whitaker Smith Mary E. M ;City Clerk, C' ge City Council Resolution No. 10889 Page 3 of 3 ATTACHMENT A TO THE CITY COUNCIL RESOLUTION OF APPROVAL ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS PURSUANT TO CEQA SECTION 21081 Marywood Residential Development Project This page intentionally left blank. City of Orange Marywood Residential Development Project Table of Contents I .Statute and Guidelines 1 II .Record of Proceedings .........................................................................2 Ill Project Description .............................................................................. ...............................4 IV .Adoption of Findings ............................................................................ ...............................4 V.Discretionary Approvals ....................................................................... ...............................4 VI.Findings Regarding Impacts .................................................................5 A. Environmental Issues Determined to Have No Impact and Not Require Further Studyin the Draft EIR ...................................................................... ...............................5 B. Environmental Impacts Determined to be Less Than Significant under the Draft EIR 6 C. Potentially Significant Environmental Impacts Reduced to Less Than Significant Through Implementation of Standard Conditions and Project Design Features........19 D. Potential Environmental Impacts Determined to be Mitigated to Below a Level of Significance.................................................................................... ...............................45 E. Environmental Impacts Determined to be Significant and Unavoidable AfterMitigation ............................................................................. ...............................60 VII.Findings Regarding Irreversible and Irretrievable Commitment of Resources ................62 VIII.Findings Regarding Growth Inducing Impacts ................................... ...............................65 IX.Findings Regarding Cumulative Impacts ............................................ ...............................66 X.Findings Regarding Alternatives to the Proposed Project ................ ...............................71 A. Alternatives Eliminated from Detailed Consideration .................. ...............................71 B. Alternatives Carried Forward for Detailed Analysis In the EIR ..... ...............................73 Findings of Fact Page i City of Orange Marywood Residential Development Project This page intentionally left blank. Findings of Fact Page ii FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR THE MARYWOOD RESIDENTIAL DEVELOPMENT PROJECT CITY OF ORANGE, CA STATE CLEARINGHOUSE NO. 2015041033 I. STATUTE AND GUIDELINES The California Environmental Quality Act (CEQA), Public Resources Code Section 21081 and Section 15091 of Title 14 of the California Code of Regulations (CEQA Guidelines), provide that: a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (Finding 1) 2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (Finding 2) 3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. (Finding 3) b) The findings required by subsection (a) shall be supported by substantial evidence in the record. Section 15092 of the State CEQA Guidelines further stipulates that: b) A public agency shall not decide to approve or carry out a project for which an EIR was prepared unless either: 1) The project as approved will not have a significant effect on the environment, or 2) The agency has: A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under Section 15091, and Findings of Fact Page 1 City of Orange Marywood Residential Development Project B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093. The City of Orange, as lead agency, prepared a Final Environmental Impact Report (EIR) for the Marywood Residential Development Project, State Clearinghouse No. 2015041033. The Project proposes the development of 40 single family residences on an approximately 16 -acre site in the City, and is described in greater detail in Section III, Project Description, below. The EIR for the Project has been prepared and certified as complete by the City of Orange. The EIR identifies certain significant effects that may occur as a result of the Marywood Residential Development Project alone or on a cumulative basis in conjunction with other past, present, and reasonably foreseeable future projects. These Findings are made pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091. II. RECORD OF PROCEEDINGS The environmental review process for the Project is summarized below. In accordance with CEQA, a Notice of Preparation (NOP) of a Draft EIR was filed with the State Clearinghouse on April 8, 2015. The State Clearinghouse assigned State Clearinghouse Number 2015041033. 2. The NOP was distributed to all responsible and trustee agencies, utility and service providers, Orange County Clerk/Recorder, and other interested parties on April 3, 2015 for a 30 -day public review in accordance with CEQA Guidelines Section 15082. The review period was extended on April 23, 2015 and ended on May 25, 2015. 3. The City of Orange distributed a NOP to all property owners within 300 feet of the Project site, which notified nearby property owners that would be most directly affected by implementation of the proposed Project, along with public agencies and interested organizations, that the City is preparing a Draft EIR. 4. In accordance with CEQA Guidelines Section 15083, the City of Orange sought early public consultation and held three scoping meetings to solicit comments from interested parties on preparation of the Draft EIR. A scoping meeting for public agencies was held on April 16, 2015 at 3:30 p.m. A scoping meeting for the public was held on April 16, 2015 from 5:30 p.m. to 7:30 p.m. An additional scoping meeting for the public was held on May 7, 2015 from 5:30 p.m. to 7:30 p.m. 5. In accordance with CEQA Guidelines Section 15085, a Notice of Completion (NOC) of the Draft EIR was filed with the State Clearinghouse on June 16, 2015. 6. In accordance with CEQA Guidelines Section 15087, a Notice of Availability (NOA) was published by the City on June 19, 2015. The Draft EIR was distributed to agencies, interested organizations, and individuals by the City of Orange. The distribution list is available at the City of Orange Community Development Department Planning Counter. As required by CEQA Guidelines Section 15087, the Findings of Fact Page 2 City of Orange Marywood Residential Development Project NOA was mailed to the last known name and address of all organizations and individuals who previously requested such notice in writing; and notice was also given by the following procedure: newspaper publishing and mail. 7. A forty -five (45) day public review period for the Draft EIR was established pursuant to State law, which commenced on June 19, 2015 and ended on August 3, 2015. 8. Comments received during the public review period for the Draft EIR were responded to in a Response to Comments document dated , and distributed to each public agency commenter at least 10 days prior to certification of the EIR by the Orange City Council pursuant to CEQA Guidelines Section 15088(b), and were provided to each organization and individual submitting written comments on the Draft EIR. 9. A Final EIR has been prepared for the Marywood Residential Development Project. The following components comprise the Final EIR: a) Draft EIR, June 2015; b) Comments received on the Draft EIR and responses to those comments, August 2015; and c) All attachments, incorporations, and references to the documents delineated in items "a." and "b." above. 10. The documents and other materials which constitute the administrative record for the City's actions related to the Project are located at the City of Orange, 300 East Chapman Avenue, Orange, California 92866. The City Community Development Department is the custodian of the administrative record for the Project. The City of Orange is the Lead Agency with respect to the Project pursuant to State CEQA Guidelines Section 15367. As a Lead Agency, the City is required by CEQA to make findings with respect to each significant effect of the Project. The City of Orange has reviewed the EIR. The following sections make detailed findings with respect to the potential significant environmental effects of the Marywood Residential Development Project and refer, where appropriate, to the mitigation measures set forth in the Final EIR. The Final EIR and the administrative record concerning the Marywood Residential Development Project provide additional facts in support of the findings herein. The Final EIR which includes, among other components, the Draft EIR, and the Response to Comments on the Draft EIR) is hereby incorporated into these Findings in its entirety. Furthermore, the mitigation measures set forth in the Mitigation Monitoring and Reporting Program (MMRP) are incorporated by reference in these Findings. The Mitigation Monitoring and Reporting Program () was developed in compliance with Public Resources Code Section 21081.6 and is contained in a separate document. Without limitation, these Findings of Fact are intended to elaborate on the scope and nature of mitigation measures, the basis for determining the significance of impacts, the comparative analysis of alternatives, and the reasons for approving the Marywood Residential Development Project in spite of associated significant unavoidable adverse impacts. Findings of Fact Page 3 City of Orange Marywood Residential Development Project PROJECT DESCRIPTION The proposed Project would establish no more than 40 single - family residences on an approximately 16 -acre Project site, the current location of the Marywood Pastoral Center. The New Home Company (Applicant) proposes to construct two -story homes ranging in size from 3,800 square feet to 4,400 square feet. The proposed residential development would be sited on variable terraced pads separated by a series of interior 2:1 (horizontal to vertical) slopes up to approximately 30 feet in height. Residential lot sizes would range from a minimum of 7,610 square feet, with some lots as large as 18,970 square feet, inclusive of slope. Each lot would have a minimum width of 60 feet and a minimum depth of 100 feet. The internal streets measure 36 feet f lanes and allows for on- street parking Tandem garage parking is proposed architectural styles. All internal streets sides. Water retention and treatment footprint. om curb -to -curb, which provides two 18- foot -wide All homes are designed with three car garages. to avoid the garage doors from dominating the end in cul—de —sacs and have sidewalks on both facilities are incorporated into the proposed site The existing Marywood Pastoral Center buildings and infrastructure would be demolished. Approximately 90% of the construction material would be crushed on -site and re -used as fill material; the remaining waste would be recycled at an approved facility or disposed at a landfill. Select items of cultural value would be salvaged prior to demolition, such as items from the Chapel and other buildings including steeple, cross, pews, sign, mosaic the and other items with religious and architectural value. Grading would include remediation of historical unsuitable fill material and recompaction to resolve existing soil settlement issues. The existing western descending slope would also be reduced in steepness to meet current building codes and be supported by a newly constructed Mechanically Stabilized Earth (MSE) retaining wall up to approximately 30 feet in height. The Project also proposes a land exchange with the City to make the property lines more clearly conform to the slope contours to better define maintenance responsibilities. ADOPTION OF FINDINGS Final EIR SCH No. 2015041033 for the Marywood Residential Development Project identified significant environmental impacts prior to mitigation that may occur as a result of implementing the Project. Thus, in accordance with the provisions of CEQA, the Orange City Council hereby adopts these findings as part of its action to certify Final EIR SCH No. 2015041033 and approve the Marywood Residential Development Project. V.DISCRETIONARY APPROVALS The Project addressed in the Final EIR is defined to include the "whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment," and includes the discretionary approvals by governmental agencies required to implement the Marywood Residential Development Project. The following are the discretionary approvals that will be considered by the City: Findings of Fact Page 4 City of Orange Marywood Residential Development Project 1) Vesting Tentative Tract Map VTTM 17816 (TM 0035 -14); 2) Major Site Plan (MJSP 0790 -14); 3) Design Review Committee (DRC 4764 -14) 4) Environmental Review Number 1839 -14; 5) Conditional Use Permit (CUP 2981 -15) for temporary onsite crushing of specified demolition material; and 6) Land exchange agreement between the Applicant and the City. VI. FINDINGS REGARDING IMPACTS A. ENVIRONMENTAL ISSUES DETERMINED TO HAVE NO IMPACT AND NOT REQUIRE FURTHER STUDY IN THE DRAFT EIR 1. Agricultural and Forest Resources Impact Thresholds Would the project convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance; conflict with existing zoning for agricultural use, or a Williamson Act contract; conflict with existing zoning for, or cause rezoning of forest land, timberland, or timberland zoned Timberland Production; result in the loss of forest land or conversion of forest land to non - forest use; and involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use? Finding The environmental analysis provided in Section 5 of the Draft EIR conducted for the proposed Project indicated that no impact would occur to agricultural or forest resources. No comments were received in response to the NOP or the Draft EIR that would modify this finding. Facts in Support of Finding Implementation of the Project would not result in the conversion of any designated prime or otherwise significant farmland or lands currently is forest land use or designated as forest land. The site does not contain any "prime" agricultural land and no such land exists in the project environs, which has been urbanized with a variety of residential and public land uses. The Project site is designated as "Urban and Built -up Land" on the Orange County Important Farmland Map (2010). Urban and Built -up Land is occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10 -acre parcel. Furthermore, neither the Project site nor the surrounding area is designated for agriculture. The site has been developed and there is no opportunity for agricultural resources at or near the Project site. Therefore, implementation of the proposed Project would have no impact on agricultural resources. In addition, the Project site is neither zoned nor designated as forest land; no such land is designated in the City of Orange. The site is currently developed as the Marywood Pastoral Center, which supports approximately 102,000 square feet of floor area in 14 buildings. Project implementation would not result in the conversion of any forest land subject to the Public Resources Code. Therefore, no impacts to forestry resources would occur with the implementation of the proposed Marywood Residential Development. 2. Mineral Resources Findings of Fact Page 5 City of Orange Marywood Residential Development Project Impact Thresholds Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the site; 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? Finding The environmental analysis provided in Section 5 of the Draft EIR conducted for the proposed Project indicated that no impact would occur to mineral resources. No comments were received in response to the NOP or the Draft EIR that would modify this finding. Facts in Support of Finding Neither the City's General Plan nor the State of California has identified the site or environs as a potential location for mineral resources of State -wide, regional, or local significance. A review of the City's General Plan, Natural Resources Element (2010) shows that no mineral resources are known to exist within the Project site. The site has been substantially altered as a result of grading and development; therefore, development of the Project site as proposed would not result in the loss of any locally important mineral resource recovery sites. No impacts to mineral resources would occur as a result of Project implementation. B. ENVIRONMENTAL IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT UNDER THE DRAFT EIR 1. Aesthetics a) Impact (Short -Term and Long -Term) Threshold AES -1: Would the project have a substantial adverse effect on scenic vista? Threshold AES -2: Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Finding The discussion and analysis provided in the EIR concluded that the Project would have a Less Than Significant Impact on both short-term and long -term aesthetic impacts described under Threshold AES -1 and Threshold AES -2 that were addressed in the EIR, and that no Project Design Features, Standard Conditions of approval, or mitigation measures were required or recommended. Facts in Support of the Finding No potential impacts would result from short-term construction activities. Any potential impacts would be considered long -term due to the Project's proposed site alterations and change to residential land use. Potential long -term impacts are discussed below. East Villareal Drive is not classified as a Landscape or Viewscape Corridor in the City's General Plan. Officially- designated scenic vistas and /or scenic corridors do not exist on or in the immediate vicinity of the Project site. Designated viewscape corridors outside of the City of Orange include portions of Jamboree Road, Santiago Canyon Road, and Newport Boulevard; however, none of these roadways are located in the vicinity of the Project site and the site cannot be viewed from those roadway segments. Furthermore, the Project site itself does not contain or constitute a scenic resource such as substantial trees, rock Findings of Fact Page 6 City of Orange Marywood Residential Development Project outcroppings, or other elements. East Villareal Drive, along with adjacent roadways to the Project site are not a City or State - designated scenic highway. The nearest state scenic highway is SR -91 located approximately two miles to the north of the Project site. Therefore, no visual or aesthetic impact would occur as a result of Project implementation and no mitigation would be required. 2. Air Quality a) Impact (Long- Term): Threshold AQ -2: Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation? Threshold AQ -3: Would the project 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 including releasing emissions which exceed quantitative thresholds for ozone precursors). Threshold AQ -4: Would the project expose sensitive receptors to substantial pollutant concentrations? Threshold AQ -5: Would the project create objectionable odors affecting a substantial number of people? Finding The discussion and analysis provided in the EIR concluded that the Project would have a Less Than Significant Impact on long -term air quality impacts described under Thresholds AQ -2 through AQ -5 that were addressed in the EIR, and that no Project Design Features, Standard Conditions of approval, or mitigation measures were required or recommended. Facts in Support of the Finding The Project is consistent with long -term planning projections accounted for in the applicable Air Quality Management Plan (AQMP) and City General Plan. Long -term occupation of the proposed Project would neither produce emissions that exceed any South Coast Air Quality Management District (SCAQMD) significance thresholds nor result in offsite ambient air pollutant concentrations that exceed any SCAQMD significance thresholds. In addition, pollutant emissions would be below Localized Significance Thresholds due to the relatively small amount of emissions generated by the new resident's vehicles and the Project would not generate a Carbon Dioxide (CO) hotspot because, (1) Project traffic would not result in a 2 percent volume to capacity ratio increase at any intersection operating at a level of service (LOS) D or worse, and (2) the Project would not cause an intersection to drop from LOS C to LOS D. Further, long -term occupation of the proposed 40 homes would not result in activities that generate emissions in excess of SCAQMD thresholds for regional emissions and localized impacts of criteria pollutants as shown in Tables 6.2 -11 and 6.2 -12 of the Draft EIR. As such, the proposed Project would not be considered cumulatively considerable under SCAQMD's policy as it does not exceed Project- specific air quality significance thresholds. The proposed Project is located in a residential area, sufficiently removed from potential sources of Toxic Air Contaminants (TACs) emissions typical of industrial facilities, high volume roadways, dry cleaners, and gasoline dispensing facilities as Findings of Fact Page 7 City of Orange Marywood Residential Development Project described in California Air Resources Board's (CARB) 2005 Land Use Handbook. Neither the Project nor adjacent land uses involve agriculture, industrial plants, or other uses identified by SCAQMD as having the potential for emitting substantial odors. Therefore, potential impacts would be less than significant and no mitigation required. 3. Biological Resources a) Impact (Short- Term): Threshold 810 -1 Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Threshold 810 -2 Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations, or by the California Department of Fish and Wildlife or U. S. Fish and Wildlife Service including protections provided pursuant to Section 1600 et seq.) ? Threshold 810 -3 Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Threshold 810 -5: Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Threshold 810 -6 Would the project have conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Finding The discussion and analysis provided in the EIR concluded that the Project would have a Less Than Significant Impact on short-term biological resource impacts described under Thresholds BIO -1, BIO -2, BIO -3, BIO -5 and BIO -6 that were addressed in the EIR, and that no Project Design Features, Standard Conditions of approval, or mitigation measures were required or recommended. Facts in Support of the Finding No potential impacts would result from short-term construction activities. Any potential impacts would be considered long -term due to the Project's proposed site alterations and change to residential land use. Therefore, Potential impacts under Thresholds BIO -1, BIO -2, BIO -3 and BIO -5 were evaluated in Section 6.3.6.2 of the EIR for long -term impacts. In addition, the Project is not located within the boundaries of or adjacent to the Orange County Central /Coastal NCCP /HCP area, and thus, has no impact under Threshold BIO -6. Therefore, no potentially significant impacts would occur with Project implementation and no mitigation is required. Findings of Fact Page 8 City of Orange Marywood Residential Development Project b) Impact (Long- Term): Threshold BIO -1: Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Threshold BIO -2: Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations, or by the California Department of Fish and Wildlife or U. S. Fish and Wildlife Service including protections provided pursuant to Section 1600 et seq.) ? Threshold BIO -3: Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Threshold BIO -4: Would the project have interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Threshold BIO -6: Would the project have conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Finding The discussion and analysis provided in the EIR concluded that the Project would have a Less Than Significant Impact on long -term biological resource impacts described under Thresholds BIO -1, BIO -2, BIO -3, BIO -4 and BIO -6 that were addressed in the EIR, and that no Project Design Features, Standard Conditions of approval, or mitigation measures were required or recommended. Facts in Support of the Finding No potential impacts would result from long -term occupation of the proposed 40 homes. The Project site contains no special status plant or wildlife species, or habitats. All removed ornamental and ruderal vegetation would be replaced per City approved landscape plans during Project construction and final landscaping. The Project site is not located within the boundaries or adjacent to the Orange County Central /Coastal NCCP or HCP area. No jurisdictional Waters of the U.S. as defined by the USACE pursuant to Section 404 of the Clean Water Act or jurisdictional Waters of the State as defined by the CDFW pursuant to Section 1600 -1603 of the California Fish and Wildlife Code were identified within the Project site. There is no evidence of defined hydrology (stream bed /banks, ordinary high water mark, etc.) and no characteristic wetland or riparian vegetation was found. The Project site is neither considered a wildlife corridor or nursery site nor is it located adjacent to such resources. Further, based on the analysis provided in Table 6.3 -4 of the Draft EIR, the Project is consistent with the General Plan's Natural Resource Element. Therefore, no potentially significant impacts would occur with Project implementation and no mitigation is required. Findings of Fact Page 9 City of Orange Marywood Residential Development Project 4. Geology and Soils a) Impact (Short- Term): Threshold GEO -1: Would the proposed project expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) 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 (Refer to Division of Mines and Geology Special Publication 42); ii) strong seismic ground shaking? iii) seismic - related ground failure, including liquefaction; and /or iv) landslides? Threshold GEO -3: Would the proposed project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the proposed project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse? Threshold GEO -4: Would the proposed project be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? Finding The discussion and analysis provided in the EIR concluded that the Project would have a Less Than Significant Impact on short -term geology and soils impacts described under Thresholds GEO -1, GEO -2 and GEO -4 that were addressed in the EIR, and that no Project Design Features, Standard Conditions of approval, or mitigation measures were required or recommended. Facts in Support of the Finding No potential impacts would result from short -term construction activities as grading of the Project site would be conducted consistent with the final grading plans approved by the City. Any potential impacts would be considered long- term due to the Project's proposed site alterations and change to residential land use. Therefore, Potential impacts of exposure to people were evaluated in Section 6.5.6.2 of the EIR. No potentially significant short -term impacts would occur and no mitigation is required. b) Impact (Short-Term and Long- Term): Threshold GEO -5: Would the proposed project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Findin : The discussion and analysis provided in the EIR concluded that the Project would have a Less Than Significant Impact on short-term and long -term geology and soils impacts described under Threshold GEO -5 that was addressed in the EIR, and that no Project Design Features, Standard Conditions of approval, or mitigation measures were required or recommended. Findings of Fact Page 10 City of Orange Marywood Residential Development Project Facts in Support of the Finding The Project does not include use of septic tanks or alternative wastewater disposal systems. City sewer utilities are available for the collection, transport, and disposal of wastewater. The proposed residential development would connect to the existing sewer facilities (refer to Section 6.13 of the EIR). Thus, no significant impacts related to the use of septic tanks would occur and no mitigation measures are required. 5. Greenhouse Gas a) Impact (Short-Term and Long- Term): Threshold GHG -2: Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Finding The discussion and analysis provided in the EIR concluded that the Project would have a Less Than Significant Impact on short-term and long -term impacts under Threshold GHG -2, and that no Project Design Features, Standard Conditions of approval, or mitigation measures were required or recommended. Facts in Support of Finding The Project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing GHG emissions. The proposed Project would utilize equipment compliant with state and federal emissions requirements, such as equipment with Tier 4 engines, and adhere to AB 32 Scoping Plan control measures adopted by the State of California during construction and operation. The proposed Project would also be consistent with the RTP /SCS because the Project is consistent with existing general plan and zoning designations for the Project site and consistent with General Plan policies. Consistency with SCAQMD GHG policies would also be met through consistency with the City General Plan and through Project emission levels below the 3,000 MT CO2e /year SCAQMD threshold. Therefore, a less than significant impact would occur and no mitigation is required. The proposed Project would be consistent with the GHG reduction goals of AB32 as described in the statewide GHG emissions reduction strategy outlined in the Scoping Plan. In addition, GHG emissions would be reduced through the integration of green building practices, the use of renewable energy, reducing per capita water use, adoption of a new low carbon fuel standard and through increased fuel efficiency as mandated in AB 32 and related programs adopted by the State of California. 6. Hazards and Hazardous Materials a) Impact (Long- Term): Threshold HAZ -1: Would the project create a significant hazard to the public or the environment through: Routine transport, use or disposal of hazardous materials; A reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment, and /or Hazardous emissions or handling hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? Findings of Fact Page 11 City of Orange Marywood Residential Development Project Threshold HAZ -2: Would the project be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Threshold HAZ -3: Would the project be located within an airport land use plan or, where such a plan has not been adopted, be within two miles of a public airport, public use airport or private airstrip and result in a safety hazard for people residing or working in the Project Area? Finding The discussion and analysis provided in the EIR concluded that the Project would have a Less Than Significant Impact under Thresholds HAZ -1 through HAZ -3, and that no Project Design Features, Standard Conditions of approval, or mitigation measures were required or recommended. Facts in Support of Finding The proposed Project is a residential development that does not include any land uses that would either create or result in a significant hazard to the public. Although it is likely that some chemicals, including herbicides, pesticides, and related materials would be utilized on -site by residents and landscapers, these materials would not exceed regulatory limits permitted for household use and would not pose a significant threat to the health or welfare of the general public. As required by law, these household hazardous materials would be stored and disposed of in accordance with regulatory requirements. As a result, no significant impacts would occur and no mitigation measures are required. The Project site is not included on a list of hazardous materials sites based on review of the State Water Resources Control Board (SWRCB) GeoTracker system. The nearest listed sites are located approximately 0.5 mile to the east of the Project site along Santiago Boulevard and North Tustin Street. The listed sites contain one permitted UST site and 6 Leaking Underground Storage tank (LUST) cleanup sites associated with automotive service and gasoline fueling stations. Currently, five of the LUST sites have been cleaned and completed cleanup clearance. The remaining LUST site has also been cleaned and is eligible for clearance. The Project site is not located within an airport land use plan or within two miles of an airport or private air strip. Fullerton Municipal Airport is the closest airport and is located over nine miles to the east from the Project site. Therefore, no people would be exposed to long -term safety hazards under Thresholds HAZ -1 through HAZ -3 and no mitigation would be required. 7. Hydrology and Water Quality a) Impact (Long -Term and Short- Term): Threshold HWQ -4: Would the project place residences within a 100 -year flood hazard area, impede or redirect flood flows, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. Expose people or structures to inundation by seiche, tsunami, or mudflow? Findings of Fact Page 12 City of Orange Marywood Residential Development Project Finding: The discussion and analysis provided in the EIR concluded that the Project would have a Less Than Significant Impact under Threshold HWQ -4, and that no Project Design Features, Standard Conditions of approval, or mitigation measures were required or recommended. Facts in Support of Finding The Project is located outside Flooding Hazards Zones per the City of Orange General Plan. No portion of the 16 -acre Project site is located within the FEMA 100 Year Floodway or a 100 Year Floodplain of the Santa Ana River. In addition, the Project site is not located near a large body of water that would expose construction workers or residential occupants to a potential seiche, tsunami, mudflow, or dam inundation. As a result, no impacts would occur and no mitigation measures are required. 8. Land Use a) Impact (Long- Term): Threshold L UP- 1: Would the project physically divide an established community? Threshold LUP -2: Would the project conflict with any applicable land use plan, policy, or 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? Threshold LUP -3: Would the project conflict with any applicable habitat conservation plan or natural community conservation plan? Finding: The discussion and analysis provided in the EIR concluded that the Project would have a Less Than Significant Impact on the three land use impacts that were addressed in the EIR, and that no Project Design Features, Standard Conditions of approval, or mitigation measures were required or recommended. Facts in Support of the Finding The Project is consistent with the existing community's land use and residential development fabric that exists throughout the Project area, which is characterized by single - family detached residential development of the same type as that proposed. The existing land uses and zoning designations are consistent with the long - range plans and programs adopted by the City for the Project site in its General Plan. In addition, the Project is also consistent with the goals and policies articulated in the Land Use Element of the City of Orange General Plan. The proposed Project is consistent with all of the residential development standards included in the City of Orange Zoning Code, such as setbacks, height, minimum lot size, lot coverage, etc. Adequate on -and off - street parking would allow for a design exception for the use of tandem parking for the floor plans with five bedrooms. The Project is not located within a coastal program, habitat conservation plan or natural community conservation plan. Therefore, impacts to land use would be less than significant with Project implementation. 9. Noise a) Impact (Short-Term and Long- Term): Findings of Fact Page 13 City of Orange Marywood Residential Development Project Threshold N01-1: Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Threshold N01-2: Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Threshold N0I -3: A substantial permanent, temporary, or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Are the thresholds set out below the ones that will be applied for this threshold? Where the existing ambient noise level is less than 65 dB, a project related permanent increase in ambient noise levels of 5 dB CNEL or greater. Where the existing ambient noise level is greater than 65 dB, a project related permanent increase in ambient noise levels of 3 dB CNEL or greater. Threshold N0I -4: 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, public use airport, or private airstrip, would the project expose people residing or working in the Project Area to excessive noise levels? Findin : The discussion and analysis provided in the EIR concluded that the Project would have a Less Than Significant Impact on short-term impacts for Threshold NOI -4 and a Less Than Significant Impact on long -term impacts for Thresholds NOI -1 through NOI -4 that were addressed in the EIR, and that no Project Design Features, Standard Conditions of approval, or mitigation measures were required or recommended. Facts in Support of the Finding The Project site is not located within an airport land use plan or within two miles of an airport or private air strip. Fullerton Municipal Airport is the closest airport and is located over 9 miles to the east from the Project site. Based on the analysis provided in Table 6.3 4 of the EIR, the Project is consistent with the General Plan. Project operations would consist of residential uses consistent with adjacent land uses. No heavy machinery or equipment would be operated in the long -term that could lead to excessive groundborne vibration levels. Therefore, potential impacts would be less than significant and no mitigation required. Potential increases in traffic noise exposure due to vehicle trips generated by the proposed Project were evaluated using forecast traffic volumes on local roadways in the Project opening year (2017) with and without the proposed Project. As shown in Table 6.10 -11 of the Draft EIR, the proposed Project would only cause at most a 0.7 -dB increase during the AM peak hour along East Villareal Drive just west of Santiago Boulevard. Furthermore, less of an increase in traffic noise levels would occur at all other locations around the Project site. As noted in Section 6.10.1 of the EIR, a 3 -dB increase is barely perceptible to the human ear. A 0.7 -dB increase would neither be perceptible nor trigger City thresholds described in Section 6.10.3 of the EIR; therefore, impacts would be less than significant and no mitigation would be required. In addition, the noise effect of such an increase in daily volumes on the CNEL at locations along the roadway would be a 0.5 -dB increase. Findings of Fact Page 14 City of Orange Marywood Residential Development Project Therefore, increase in daily average traffic noise levels would also be less than significant and no mitigation would be required. 10. Population and Housing a) Impact (Long- Term): Threshold PH -1: Would the project induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? Threshold PH -2: Would the project displace substantial numbers of existing housing or people, necessitating the construction of replacement housing elsewhere? Finding The discussion and analysis provided in the EIR concluded that the Project would have a Less Than Significant Impact on the two population and housing impacts that were addressed in the EIR, and that no Project Design Features, Standard Conditions of approval, or mitigation measures were required or recommended. Facts in Support of the Finding The Project proposes to construct 40 single - family residential dwelling units. No existing housing is present onsite that would need to be removed. The addition of 40 single - family residential dwelling units, which would result in a potential population increase of approximately 123 persons, is consistent with the long -term population and housing projections for the region and would not conflict with any of the goals or policies adopted by the City of Orange Housing Element. The Project would not require the implementation of any new backbone /infrastructure facilities such as sewer trunks and /or water transmission facilities, reservoirs, roadway extensions, etc. because existing facilities are available to the site. Therefore, impacts to population and housing would be less than significant with Project implementation. 11. Recreation a) Impact (Long- Term): Threshold REC -2: Does the proposed project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Findin : The discussion and analysis provided in the EIR concluded that the Project would have a Less Than Significant Impact on Threshold REC -2, and no Project Design Features, Standard Conditions of approval, or mitigation measures were required or recommended. Facts in Support of the Finding Approval of the proposed Project would result in the construction of 40 single - family dwelling units on an approximate 16 -acre site surrounded by an existing residential neighborhood. No new recreational facilities are proposed that would adversely affect the physical environment. Although future residents of the Project would create an incremental demand for parks and recreational facilities, Project implementation does not require expansion of recreational facilities as stipulated in Section 16.60 of the Findings of Fact Page 15 City of Orange Marywood Residential Development Project City's Municipal Code because the scale and scope of the proposed development is relatively small and potential incremental impacts would be offset by the payment of the in- lieu fees. Therefore, no impacts would occur and no mitigation is required. 12. Traffic and Circulation a) Impact (Short-Term and Long- Term): Threshold TRA -1: Would the project conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Threshold TRA -2: Would the project conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highway? Threshold TRA -3: Would the project 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? Threshold TRA -5: Would the project result in inadequate emergency access? Threshold TRA -6: Would the project conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Finding: The discussion and analysis provided in the EIR concluded that the Project would have a Less Than Significant Impact on short -term impacts for Threshold TRA -3 and a Less Than Significant Impact on long -term impacts for Thresholds TRA -1, TRA -2, TRA -3, TRA -5 and TRA -6 that were addressed in the EIR, and that no Project Design Features, Standard Conditions of approval, or mitigation measures were required or recommended. Facts in Support of the Finding The Project proposes construction of 40 single - family homes on an existing developed property within an existing residential community. No direct association with air travel or air traffic exists and no increased demand on air travel or airport facilities would occur from construction workers. Therefore, no short-term or long- term impacts would occur and no mitigation is required. The Circulation Element of the City of Orange General Plan includes policies related to the Local Circulation System; Regional Circulation System; Public Transportation; Sidewalks, Trails, and Bikeways; Parking Facilities and Circulation System Aesthetics. The issue area goals and policies applicable to the Project were evaluated for the Project's consistency with the Circulation Element in Table 6.14 -11 of the EIR. No potentially significant impacts were found and no mitigation was recommended. Findings of Fact Page 16 City of Orange Marywood Residential Development Project The proposed development is projected to generate approximately 381 trip -ends per day. The additional 381 trip -ends would not cause any of the roadway segments to operate at an unacceptable level of service (LOS) (i.e., LOS E or F) when the traffic is added to either existing or buildout (2017) traffic conditions. Furthermore, Existing + Project +Cumulative average daily trips (ADTs) are also not anticipated to cause roadways to operate below acceptable levels of service as shown in Table 6.14 -12 of the Draft EIR. Therefore, the Project's potential impacts to roadway segments are considered less than significant. Per the General Plan Circulation Element Table CM -3, there are no specified roadway capacity ADT volume ranges for roadway segments operating at above LOS D or LOS E (i.e. those operating at LOS A, LOS B, or LOS C). It is important to note, information taken from the Traffic Impact Study was incorrectly transferred and presented in Table 6.14 -12 of the Draft EIR, which gives the false appearance of a much higher trip -end generation estimate than would actually occur as the result of 40 additional homes. Therefore, Table 6.14 -12 has been revised in the Final EIR to clarify and represent an accurate assessment of the Project's potential long -term traffic impacts on roadways. It is also important to note that the Traffic Impact Study and analysis provided within the text of the Draft EIR were accurately presented. As shown in the revised table, total trip -ends on East Villareal Drive in the year 2017 (Project Buildout) would be approximately 2,600; including Project traffic, cumulative project traffic and accounting for 3 percent growth in the area. The approximate 2,600 trip -end estimate is well below the 10,800 capacity of East Villareal Drive. Thus, the revised table reconfirms the conclusions and determinations made in the Draft EIR, that long -term traffic impacts to roadways would be less than significant and that no mitigation is required. The revised table is shown below. For existing traffic conditions, all the study area intersections are currently operating at acceptable levels of service during peak hours (i.e., LOS C or better). The proposed development is projected to generate approximately 381 trip -ends per day, with 31 vehicles per hour during the AM peak hour and 40 vehicles per hour during the PM peak hour. For Findings of Fact Page 17 Project Project Buildout Buildout With Roadway Existing Without Capacity nificant? fficProjectTraffic Project Traffic Year 2017) Year 2017) East Villareal Drive 2,200 2,300 2,600 10,800 No Santiago Boulevard 18,700 19,300 19,400 21,600 No 21,600/ Meats Avenue 14,600 15,100 15,200 No Lincoln Avenue 28,000 28,900 29,000 50,700 No Nohl Ranch Canyon 9,200 9,600 9,600 21,600 No Road Note: Assumes a background traffic growth rate of 1% per year for a period of three (3) years as approved by the City. z Highest ADTs used for each roadway segment scenario taken from Exhibit L in the TIS. Includes cumulative projects. 3 Highest ADTs used for each roadway segment scenario taken from Exhibit M in the TIS. Includes cumulative projects. Capacity is based on LOS D, which is the City's lowest acceptable level of service. Source: TIS (RK Engineering, 2014); Correspondence with City of orange; Orange General Plan For existing traffic conditions, all the study area intersections are currently operating at acceptable levels of service during peak hours (i.e., LOS C or better). The proposed development is projected to generate approximately 381 trip -ends per day, with 31 vehicles per hour during the AM peak hour and 40 vehicles per hour during the PM peak hour. For Findings of Fact Page 17 City of Orange Marywood Residential Development Project Existing Plus Project traffic conditions, the study area intersections are projected to operate at acceptable levels of service during the peak hours. The Project is not expected to significantly impact any of the study area intersections. For Project Buildout (Year 2017) Without Project traffic conditions, all study area intersections are projected to operate at acceptable levels of service during the peak hours. In addition, for Project Buildout (Year 2017) With Project traffic conditions, all study area intersections are also projected to operate at acceptable levels of service during the peak hours. A summary of the level of service analysis for each condition is included in Table 6.14 -16 of the EIR. No significant impacts would occur and no mitigation is required. The proposed Project would be consistent with the RTP /SCS because the Project is consistent with existing general plan and zoning designations for the Project site and consistent with General Plan policies. The Project would also be consistent with the RTP /SCS by providing additional housing through infill development within an established community. The Project would provide emergency access via East Villareal Drive. Driveway design for the Site's access point and internal roadways would be built consistent with City design requirements to allow for movement of emergency response vehicles entering, exiting and within the Site. The nearest public transit facilities are a Class II Bike lane and OCTA bus Route No. 166, both located approximately 0.35 mile from the Project site on Santiago Boulevard. The Project would not directly or indirectly impact these facilities. No significant impacts would result from Project implementation under the thresholds as described above. 13. Utilities a) Impact (Short- Term): Threshold U -1: Would the project cause wastewater treatment and facilitates that: Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board, Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities; and or, Lead to a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments. Threshold U -2: Would the project 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. Threshold U -3: Would the project have sufficient water supply available to serve the project from existing entitlements and resources so as not to require new or expanded entitlements. Findings of Fact Page 18 City of Orange Marywood Residential Development Project Findin : The discussion and analysis provided in the EIR concluded that the Project would have a Less Than Significant Impact during short -term construction activities on the three utility thresholds that were addressed in the EIR and that no Project Design Features, Standard Conditions of approval, or mitigation measures were required or recommended. Facts in Support of the Finding Raw sewage would be generated on -site by construction workers during the Project's site preparation and construction phases. The amount of raw sewage that would be generated during site preparation and construction activities is difficult to quantify; however, it is expected to be a small amount and would be accommodated by the use of portable restroom facilities placed on the site that are typical of construction sites. These facilities, which would be maintained by the construction contractor, would have no effect on existing wastewater infrastructure as they would be self - contained units. Therefore, no short -term impacts are anticipated to existing wastewater treatment or wastewater facilities and no mitigation is required. In addition, no new- or expansion of existing storm water facilities would be required to serve the Project's short- term construction activities. Water usage would occur during the site preparation and construction phase for the proposed Project for dust control and construction vehicle washing to minimize the amount of fugitive dust and the transport of dirt from the site. Combined with other incidental uses, the amount of water to be used for construction activities is difficult to quantify, but construction water use will be substantial. However, construction water use is temporary. Grading activities, which require the majority of construction water, are projected to last for 75 working days. Once grading is complete, the demand for construction water would substantially decrease. Therefore, due to the temporary nature and short duration for construction water, potential impacts are less than significant. In addition, it would be necessary to provide an interim supply of water for fire suppression during construction in cases of emergency. No significant water demand for fire suppression is anticipated, therefore potential impacts are less than significant and no mitigation is required. C. POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS REDUCED TO LESS THAN SIGNIFICANT THROUGH IMPLEMENTATION OF STANDARD CONDITIONS AND PROJECT DESIGN FEATURES 1. Aesthetics a) Impact (Short- Term): Threshold AES -3: Would the project substantially degrade the existing visual character or quality of the site and its surroundings? Description of the Impact Construction staging areas, including earth stockpiling, storage of equipment and supplies, and related activities would contribute to a generally "disturbed" condition, which may be perceived as a potential visual impact. Finding: The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Standard Conditions described below. Facts in Support of Finding Implementation of the proposed Project would result in site preparation (e.g., grading, etc.) and construction activities that could have some short-term Findings of Fact Page 19 City of Orange Marywood Residential Development Project effects, which would temporarily change the character of the area; however, it is important to note that these potential effects are similar to those which are typical of similar development projects in the City that undergo development and redevelopment. While these activities may be unsightly during the site preparation and construction phases, they are not considered significant impacts because they are temporary in nature and would cease upon completion of the proposed construction program. In addition, Section 15.52.110 of the City's Municipal Code requires perimeter fencing of construction sites, which would help to screen unsightly construction activities from off -site locations. This is a standard condition, which was not included in the Draft EIR but has been added to the Final EIR as standard condition SC AES -9. SC AES -9 Perimeter fencing of the construction site shall be constructed consistent with Section 15.52.110 of the City's Municipal Code. Therefore, no visual or aesthetic impact would occur as a result of project implementation and no mitigation would be required. b) Impact (Short- Term): Threshold AES -4: Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Description of the Impact Project construction lighting may create temporary sources of light that affect nighttime views. Finding: The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Standard Conditions described below. Facts in Support of Finding The Standard Condition described below and in Section 6.10.5 of the EIR would reduce potential short-term impacts during Project construction. SC NOW Project construction activities shall be limited to the City's restricted hours of 7 AM and 8 PM on weekdays and between 9 AM and 8 PM on Sundays and holidays. PDF NOI -2 Crushing and grading operations shall be further restricted as follows: Crushing operations shall be restricted to Monday through Friday between the hours of 7:30 AM and 4:30 PM. No crushing shall be permitted on a Saturday, Sunday or Holiday. Grading operations shall be restricted to Monday through Friday between the hours of 7:30 AM and 5:00 PM, with limited grading as necessary permitted on Saturdays between the hours of 8:00 AM and 4:30 PM. Mechanics may service the equipment up to two hours after each shift. All other construction activities shall conform to the City's Noise Ordinance, OMC Section 8.24, and shall be further limited to Monday through Saturday, 7:00 am to 8:00 pm. No construction activities shall be permitted on Sundays or federal holidays. Consistent with standard condition SC NOI -1, Project construction would be restricted to the City's permitted construction hours between 7:00 AM and 8:00 PM on weekdays including Findings of Fact Page 20 City of Orange Marywood Residential Development Project Saturday. Construction would not be permitted on a Sunday or a Federal holiday. This would limit the majority of activities to occur during the daytime without the need of temporary auxiliary lights for illuminating construction activities on the Project site. In addition, Project construction is anticipated to last an eight -hour workday between the hours of 7:00 AM and ending at 3:00 PM during daylight only. Furthermore, project design feature PDF NOI- 2 has been added to the Final EIR to provide further restrictions on permitted hours for crushing, grading and other construction activities. Therefore, no adverse light or glare impacts on adjacent properties or views would result from temporary construction activities and no mitigation is required. c) Impact (Long -Term Impact): Threshold AES -3: Would the project substantially degrade the existing visual character of quality of the site and its surroundings? Description of the Impact Implementation of the Project would result in the construction of single - family homes that would replace the existing Marywood Pastoral Center, which could potentially substantially degrade the existing visual character or quality of the site and its surroundings. Finding The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Standard Conditions described below. Facts in Support of the Finding The following Standard Conditions were described in Section 6.1.6.2 of the EIR: SC AES -1 The proposed Project shall comply with the goals, policies and standards of the City of Orange General Plan that promote "high- quality" urban design and aesthetic resource preservation and neighborhood compatibility. SC AES -2 The project shall include an integrated and coordinated architectural theme for the residential structures consistent with the surrounding residential developments as approved by the Design Review Committee. Design shall include: Building forms, masses, roof design, and authentic details and accent features that are consistent with the building architectural style; Building materials consistent with the building architectural style; A variety of roof forms, ridge heights, and gable direction utilized to reduce building massing from on- and off -site views; and, Windows on prominent locations designed and articulated in a manner that is consistent with the building architectural style. SC AES -3 Plans submitted during building plan check shall show that mechanical equipment such as air conditioning units and other utilities are properly screened from view. SC AES -4 Landscape planting shall be consistent with the street tree requirements contained in Chapter 12.28 of the Orange Municipal Code, and landscape requirements contained in Chapter 16.50 of the Orange Municipal Code. Findings of Fact Page 21 City of Orange Marywood Residential Development Project SC AES -8 The Project would include setbacks from property lines consistent with the zoning requirements in order to create visual separation between developments. Compliance with SC AES -1 through SC AES -4 would ensure community integration and compliance with City Standards, goals and policies that promote and preserve neighborhood compatibility through the design of the proposed homes, along with the future landscaping. In addition, implementation of SC AES -8 would ensure appropriate separation of housing is achieved through setbacks and buffers consistent with the site's zoning code designation. Based on current conditions, implementation of the Project would not result in significant impacts to aesthetic resources or degrade the existing visual character of the Project site or surrounding areas. Therefore, through compliance with these Standard Conditions, impacts related to the visual character or quality of the site and its surroundings would be less than significant. d) Impact (Long- Term): Threshold AES -4: Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Description of the Impact The Project would replace existing external light sources of the Marywood Pastoral Center with new external light sources, which could potentially create light that adversely affects nighttime views in the area. Finding: The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the standard conditions described below. Facts in Support of the Finding Standard Conditions will be implemented by the Project that substantially avoid the potential significant effects on the environment as summarized above and described in detail in Section 6.1.6.2 of the EIR. SC AES -5 Exterior lighting shall be designed to minimize glare and "light trespass" to adjacent on -site buildings, off -site properties, and adjacent roadways. These features include lighting fixtures that are programmable, shielded, and hooded. Walkway lighting is placed low to the ground. Grouped mailbox enclosures would integrate lighting. SC AES -6 The proposed Project shall install street lighting for the proposed Project's private internal streets that best fits the community; however, the lighting shall meet the City's standards. The final design would be reviewed and approved by the City's Public Works Director in coordination with the Community Development Director, or their designees prior to the issuance of the first building permit. Improvements shall be completed to the satisfaction of the City's Public Works Director in coordination with the Community Development Director, or their designees no later than the issuance of the first certificate of occupancy for any structure. SC AES -7 As prescribed by Orange Municipal Code (OMC) Section 17.12.030, exterior lighting shall be energy- efficient and shielded or recessed so that direct glare and reflections are confined to the maximum extent feasible within the Findings of Fact Page 22 City of Orange Marywood Residential Development Project boundaries of the parcel, and shall be directed downward and away from adjoining properties and public rights -of -way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use they are serving. Security lighting shall be provided at all entrances /exits. With the implementation of SCs AES -5 through AES -7, which requires that lighting for the Project be designed to meet the objectives in the Municipal Code, illumination would not create a significant source of new off -site light or glare. As a result, the introduction of exterior lighting would comply with the City's lighting requirements and would not result in potentially significant adverse impacts. No mitigation would be required. 2. Air Quality a) Impact (Short-Term and Long Term): Threshold AQ -1: Would the project conflict with or obstruct implementation of the applicable air quality plan? Description of the Impact The Project would potentially result in air emissions that are inconsistent with the applicable Air Quality Management Plan (AQMP) generated by short- term construction activities and by long -term use of inefficient building technologies. Finding: The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Standard Conditions described below. Facts in Support of the Finding Standard Conditions will be implemented by the Project that substantially avoid the potential significant effects on the environment as summarized below and described in detail in Section 6.2.5 of the EIR. SC AQ -1 Adherence to SCAQMD Rule 402, which prohibits air contaminants or other materials that cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause injury or damage to business or property to be emitted within the SCAB. SC AQ -2 Adherence to SCAQMD Rule 403, which sets requirements for dust control associated with grading and construction activities (refer to Tables 4, 5, and 6 in Appendix D of the Air Quality Report). SC AQ -3 Adherence to SCAQMD Rules 431.1 and 431.2, which require the use of low sulfur fuel for stationary construction equipment. SC AQ -4 Adherence to SCAQMD Rule 1108, which sets limitations on ROG content in asphalt. SC AQ -5 Adherence to SCAQMD Rule 1113, which sets limitations on ROG content in architectural coatings. Findings of Fact Page 23 City of Orange Marywood Residential Development Project Proposed Project construction activities would not conflict with or obstruct implementation of the adopted AQMP with implementation of Standard Conditions SC AQ -1 through SC AQ -5. Construction of the Project would produce emissions of nonattainment pollutants primarily from diesel - powered sources at levels below thresholds of significance, as determined by project- specific dispersion modeling analysis shown in Table 6.2 -10 of the EIR. In addition, the AQMP proposes emission - reduction measures that are designed to bring the SCAB into attainment of the CAAQS and NAAQS. The attainment strategies in the AQMP include mobile source control measures and clean fuel programs that are enforced at the state and federal levels on engine manufacturers and petroleum refiners and retailers. As a result, proposed project construction activities would comply with these control measures. SCAQMD also adopts AQMP control measures into the SCAQMD rules and regulations, which are then used to regulate sources of air pollution in the SCAB. Therefore, compliance with these requirements would ensure that potential short-term impacts would not obstruct implementation of the AQMP. The regional emissions inventory for the SCAB is compiled by the SCAQMD and the SCAG. Regional population, housing, and employment projections developed by SCAG, are based, in part, on the City and County's General Plan land use designations. These projections form the foundation for the emissions inventory of the AQMP. These demographic trends are incorporated into the Regional Transportation Plan compiled by SCAG, to determine priority transportation projects and determine vehicle miles traveled within the SCAG region. The proposed Project is less than 500 units and is therefore not considered regionally significant by SCAG under CEQA (CCR, Section 15206). Because the proposed Project is not regionally significant, long -term changes in the population, housing, or employment growth projections do not have the potential to substantially affect SCAG's demographic projections and therefore the assumptions in SCAQMD's AQMP. Furthermore, the proposed Project is consistent with the City of Orange General Plan land use designations. Therefore, the additional growth associated with the proposed Project has been accounted for in the AQMP. Potential long -term impacts would be less than significant and no mitigation is required. b) Impact (Short- Term): Threshold AQ -5: Would the project create objectionable odors affecting a substantial number of people? Description of the Impact The Project would temporarily generate emissions through the operation of construction equipment and use of various construction materials that could result in potentially significant objectionable odors. Finding The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Standard Conditions described below. Facts in Support of the Finding Standard Conditions will be implemented by the Project that substantially avoid the potential significant effects on the environment as summarized below and described in detail in Section 6.2.5 of the EIR. SC AQ -1 Adherence to SCAQMD Rule 402, which prohibits air contaminants or other materials that cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public, or which endanger the Findings of Fact Page 24 City of Orange Marywood Residential Development Project comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause injury or damage to business or property to be emitted within the SCAB. SC AQ -4 Adherence to SCAQMD Rule 1108, which sets limitations on ROG content in asphalt. Proposed project activities would not create an objectionable odor at the nearest sensitive receptor pursuant to SCAQMD Rule 402 (SC AQ -1). Proposed project activities would generate air pollutants due to the combustion of diesel fuel and asphalting activities during construction. Some individuals may sense that diesel combustion and evaporative emissions are objectionable, although there is no approved method of quantifying the odor impacts of these emissions to the public. In addition, SCAQMD Rules 1108 and 1108.1 limit the amount of VOCs in cutback asphalt and emulsified asphalt products sold within the air district, further reducing the potential for odor impacts (SC AQ -4). Emissions associated with construction activities would be dispersed over the construction site, would be short- term and transient. Therefore, the proposed Project would produce less than significant odor impacts and no mitigation is required. 3. Biological Resources a) Impact (Long- Term): Threshold 810 -5: Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Description of the Impact Direct impacts would occur up to 212 mature trees during Project construction and vegetation removal, which could potentially result in an inconsistency with the City's General Plan. Finding: The City makes Finding 1 and determines that this potential impact is Less Than Significant and no Standard Conditions of approval or mitigation measures were required or recommended. However, the Project Design Feature identified below has been recommended to ensure impacts are less than significant. Facts in Support of the Finding A Project Design Feature will be implemented by the Project to ensure potential significant effects on the environment are below significance as summarized below and described in detail in Section 6.3.5 of the EIR. PDF BIO -1 Identify existing trees suitable to be preserved onsite and /or transplanted and reused onsite or sold for transplanting at an off -site location. Trees scheduled for preservation and transplant should be selected based on recommendations made in the Project's Tree Evaluation Report by the Project arborist. The list of trees scheduled for preservation and transplant shall be reviewed and approved by the City. The City General Plan's Land Use Element Policy 6.8 calls for maximizing landscaping along streetscapes and within development projects. Under the topic of Tree Protection and Planting, Policy 6.8 is also identified within the General Plan's Natural Resources Element Findings of Fact Page 25 City of Orange Marywood Residential Development Project as a Climate Change Related Policy in Table NR -1. Although the Project would result in the removal of up to 212 mature trees, the Project would be consistent with Policy 6.8 as any existing unhealthy and non - transplantable trees would be replaced with new tree planting and final landscaping would be consistent with City requirements including complimentary integration with existing landscape and proposed topography; relationship to architecture; screening of unsightly areas and from exposure to wind, sun and noise; and efficiency for maintenance and irrigation. With implementation of final tree planting and landscaping, the Project's impacts would be reduced to a less than significant level and no mitigation would be required. Although impacts are considered less than significant, in an effort to preserve existing viable healthy trees, PDF BIO -1 would be implemented during Project construction to preserve and /or transplant up to 32 trees as identified in Table 6.3 -2 of the EIR. Trees selected for preservation and transplant would be selected based on recommendations made in the Project's Tree Evaluation Report (Appendix D of the EIR) prepared by the Project arborist. 4. Cultural Resources a) Impact (Long- Term): Threshold CUL -4: Disturb any human remains, including those interred outside of formal cemeteries? Description of the Impact A potentially significant impact would occur if construction activities, specifically remedial grading, uncovers human remains. Finding: The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Standard Condition described below. Facts in Support of the Finding A Standard Condition will be implemented by the Project that substantially avoids the potential significant effects on the environment as summarized below and described in detail in Section 6.4.6 of the EIR. SC CUL -1 If human remains are encountered, no further disturbance shall occur in compliance with State Health and Safety Code Section 7050.5 until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission NAHC), which will determine and notify a Most Likely Descendant (MLD). With the permission of the landowner or his /her authorized representative, the MLD may inspect the site of the discovery. The MLD shall complete the inspection within 48 hours of notification by the NAHC. The MILD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American burials. The Project site is not anticipated to disturb or uncover human remains as the site has been previously developed and no known human remains or burial plots are present. However, in the event that human remains are discovered, pursuant to State law Standard Condition SC CUL -1 would be implemented to notify the proper authorities and /or Native American Findings of Fact Page 26 City of Orange Marywood Residential Development Project contacts, if discovered remains are determined prehistoric. Implementation of SC CUL -1 would reduce potential impacts to a less than significant level. 5. Geology and Soils b) Impact (Short-Term and Long- Term): Threshold GEO -1 Would the proposed project expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) 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 (Refer to Division of Mines and Geology Special Publication 42); ii) strong seismic ground shaking? iii) seismic - related ground failure, including liquefaction; and /or iv) landslides? Threshold GEO -2 Would the proposed project result in substantial soil erosion or the loss of topsoil? Threshold GEO -4 Would the proposed project be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? Description of the Impact The Project would potentially be exposed to short-term erosion issues resulting from temporarily exposed soils during construction activities and to long- term soil stability issues resulting from existing unsuitable fill material, soil settlement and oversteepened slopes. Finding: The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Standard Conditions described below. Facts in Support of the Finding Standard Conditions are required by the Project that substantially avoid the potential significant effects on the environment as summarized above and described in detail in Section 6.5.6 of the EIR. SC GEO -1 All Project grading shall be reviewed and approved by the City of Orange and shall comply with the applicable requirements of the City's manual of Grading and Standard Plans and Specification. SC GEO -2 The Project shall comply with all applicable City Building Code requirements and the California Building Code subject to review and approval by the City of Orange. SC GEO -3 Proposed fill slopes shall be constructed at a slope ratio of 2:1 (horizontal to vertical) or flatter as required by the City of Orange. Excavation and grading necessary to prepare the Site would result in the possibility that the underlying soils would be exposed and could be subject to erosion if not properly protected during grading and construction operations. As a result, it would be necessary to Findings of Fact Page 27 City of Orange Marywood Residential Development Project incorporate temporary erosion protection during grading and Site development activities pursuant to Standard Conditions. Exposed soils during grading can be adequately addressed through the provision of appropriate Best Management Practices (BMPs) that would be included in the Stormwater Pollution Prevention Plan ( SWPPP) as indicated in Section 6.8, Hydrology and Water Quality. Implementation of the BMPs prescribed in the SWPPP and compliance with the City's Manual of Grading and Standard Plans would ensure that the potential for short-term erosion of the exposed soils during grading and construction would be less than significant. The Site is not located within a State of California Earthquake Fault Zone (i.e., Alquist- Priolo Earthquake Fault Zone) and no active faults were identified on or adjacent the Site during the site evaluation. The Peralta Hills Fault is classified as a "potentially active" fault, which trends across the southwestern portion of the Site along the toe of the slope, is estimated to have last ruptured between 11,000 years before present to 1.6 million years before present and is therefore not considered an active fault. Due to the Peralta Hills Fault being sufficiently old in age and based on the distance between the fault and proposed structures, the possibility of damage due to ground rupture is considered low. Nonetheless, compliance with SCs GEO -1 through GEO -3 would require that grading, slope stability and building code requirements are met to ensure the structural integrity of the site and protection against seismic ground shaking. Therefore, implementation of SCs GEO -1 through GEO -3 would ensure impacts are less than significant. No unique site characteristics that would expose the Project to significant strong seismic ground shaking are present. It is anticipated that the residential structures proposed for the proposed Project would be subject to the effects of ground shaking. However, all of the structures and facilities proposed would be designed and constructed in accordance with the current California Building Coded (CBC) to ensure that the potential damage to seismic shaking would be minimized. Further, compliance and implementation of SCs GEO -1 through GEO -3 and the seismic design criteria recommended in the Geotechnical Report would ensure potential ground shaking impacts are less than significant. Since the Site is underlain by primarily fine - grained compacted fill and very stiff to hard bedrock, the potential for liquefaction is considered to be very low and would, therefore, be less than significant. Dynamic settlement of dry loose sands can occur as the sand particles tend to settle and densify as a result of a seismic event. This would also be a low concern based on site conditions. In addition, due to the very low potential for liquefaction, the potential for lateral spreading is also considered to be very low. Nonetheless, proposed remedial grading of unsuitable fill material, recompaction of soils for structural integrity and minimization of water infiltration that could increase risk would further ensure potential impacts of lateral spreading are less than significant. The risk of landsliding due to existing site conditions would be remediated through Project design with cut and fill grading and remedial grading measures, and through compliance with SC GEO -1, SC GEO -3 and project design, which provides for remediation of existing over - steepened slopes and adequate drainage facilities. With implementation of proposed grading activities and SCs GEO -1 and GEO -3, risk of exposure to landslides would be improved beyond existing conditions and impacts are therefore considered less than significant. Findings of Fact Page 28 City of Orange Marywood Residential Development Project Based on proposed project design cut and fill and remedial grading measures, fill slopes are anticipated to be both grossly and surficially stable. With implementation of SC GEO -1, SC GEO -3 and proposed remedial grading activities, risk of exposure to unstable slopes and erosion would be improved beyond existing conditions and impacts are therefore considered In order to minimize potential impacts from new residential construction and new irrigation sources on the Project site, the Geotechnical Engineer recommends the construction of a mid -slope keyway and subdrain system in the western portion of the Project site above the existing homes along Denise Avenue. The mid -slope keyway is an engineered fill buttress designed to interrupt bedding planes and improve slope stability. The addition of a subdrain system provides a means to intercept, collect, and convey subsurface water to a storm drain system. Figure 6.5 -7 of the EIR graphically depicts the location of the keyway and subdrain. Due to the nature of unsuitable, expansive fill and bedrock soil materials known to underlie the Project site, without remediation these soils would continue to have a "high" potential for expansion. Existing expansive soils would require remedial grading to ensure that such potential impacts would be reduced to a less than significant level. These measures would include removal and recompaction of the soils within the limits of grading and recommendations provided in the Project Geotechnical Report consistent with the final approved grading plan. In addition, proposed storm water detention facilities planned for the Site would be designed to prevent the infiltration of water that would minimize the saturation of any remaining expansive soils following remediation. Water infiltration was found to not be feasible based on existing site conditions (LGC, 2015). Therefore, implementation of Project site grading and construction consistent with Standard Conditions SC GEO -1 through GEO -3 would reduce potentially significant adverse soils conditions to a less than significant level. 6. Greenhouse Gas a) Impact (Short-Term and Long- Term): Threshold GHG -1: Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Description of the Impact Short-term Project construction activities and long -term occupation of the proposed single - family homes would generate greenhouse gases that may have a significant impact on the environment. Finding The City makes Finding 1 and determines that this potential impact is Less Than Significant and no mitigation is required; in addition, a standard condition and project design feature will be implemented to further reduce the Project's greenhouse gas emissions. Facts in Support of Finding The EIR identified two applicable thresholds against which the Project's greenhouse gas emissions would be analyzed: exceedance of SCAQMD's proposed threshold for residential development (3,000 MTCO2e /year), and if the Project resulted in a cumulative considerable net increase of greenhouse gas emissions exceeding the SCQAMD threshold. Based on analysis provided in Section 6.6.6 of the EIR, the Project would not exceed the greenhouse gas significance threshold set by the South Coast Air Quality Management District which is 3,000 MTCO2e /year (See Draft EIR at Table 6.6 -1). Findings of Fact Page 29 City of Orange Marywood Residential Development Project The City has adopted the quantitative threshold of 3,000 MT CO2e /year for residential projects. The EIR analyzed both the Project's GHG impacts against this threshold on a project -only and a cumulative impacts analysis and concluded that the project -only greenhouse gas emissions were 795 MT /year, and that would not result in a cumulative considerable contribution to an existing significant impact. Therefore, no significant impacts would occur and no mitigation is required. Nonetheless, Standard Conditions and Project Design Features are required by the Project, which would further reduce the Project's greenhouse gas emissions. SC GHG -1 The proposed Project shall comply with Title 24 energy- efficient design requirements as well as the provision of window glazing, wall insulation, and efficient ventilation methods in accordance with the requirements of the California Building Code. PDF GHG -1 The Project would incorporate the following green building design features to further reduce GHG emissions during project construction and operations. Recycle Job Site Construction & Demolition Waste Salvage Reusable Building Materials Design Resource - Efficient Landscapes and Gardens Install High- Efficiency Irrigation Systems Provide for On -Site Water Catchment /Retention Use Wood /- Joints for Floors and Ceilings Use OSB Subfloors and Sheathing Use Treated Wood that does not contain Chromium /Arsenic Install House Wrap Under Siding Use Fiber - Cement Siding Materials Insulate Hot Water Pipes Install Faucets and Showerheads with Flow Reducers Install /C -A T Recessed Fixtures with CFLs Install Lighting Controls Install Energy Star Dishwasher Install Energy- Efficient Windows Double- Paned; Low Emissivity (Low E) and Low Vent Range Hood to the Outside Install Sealed Combustion Units on Furnaces and Water Heaters Install 13 SEER /11 EER or Higher AC Install AC with Non -HCFC Refrigerants Select Safe and Durable Roofing Materials Install Radiant Barrier Use Low VOC, Water -Based Wood Finishes Use Low /No VOC Adhesives Use Engineered Sheet Goods with no added Urea Formaldehyde Use Finger- Jointed or Recycled- Content Trim Install Recycled Content Carpet with low VOCs (standard carpet only) In conclusion, no significant greenhouse gas emissions would be generated by the proposed Project per South Coast Air Quality Management District threshold for residential projects of 3,000 MT CO2e /year. Furthermore, the project's greenhouse gas emissions Findings of Fact Page 30 City of Orange Marywood Residential Development Project would be reduced through compliance with SC GHG -1 and PDF GHG -1. Therefore, on a project and a cumulative impact basis, no significant greenhouse gas emissions were identified. 7. Hazards and Hazardous Materials a) Impact (Short- Term): Threshold HAZ -1: Would the project create a significant hazard to the public or the environment through: Routine transport, use or disposal of hazardous materials; A reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment, and /or Hazardous emissions or handling hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? Description of the Impact Temporary transport, storage, use and /or disposal of gasoline and diesel fuels, architectural coatings (paints) and cleaning solvents during project construction could potentially expose people to hazardous materials. Finding: The City makes Finding 1 and determines that this potential impact is Less Than Significant and no mitigation is required with implementation of a Standard Condition to minimize the Project's potential impacts with Hazards and Hazardous Materials. Facts in Support of the Finding A Standard Condition is required by the Project that substantially avoids the potential significant effects on the environment as summarized above and described in detail in Section 6.7.6 of the EIR. SC HAZ -1 The City of Orange would require the Project to comply with all applicable federal, state, and local regulations pertaining to the transport, storage, use and /or disposal of hazardous materials on the site. Implementation of SC HAZ -1 would ensure that the temporary transport, storage, use and /or disposal of gasoline and diesel fuels, architectural coatings (paints) and cleaning solvents would be done in compliance with all applicable federal, state, and local regulations. Therefore, potential impacts would be less than significant and no mitigation would be required. b) Impact (Short-Term and Long- Term): Threshold HAZ -4: Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan; and /or expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Findings of Fact Page 31 City of Orange Marywood Residential Development Project Description of the Impact Short-term construction activities and long -term occupation of the proposed homes could potentially result in interference with City emergency response plans. Finding: The City makes Finding 1 and determines that this potential impact is Less Than Significant and no mitigation is required, but Standard Conditions will be implemented to minimize the Project's potential impacts. Facts in Support of the Finding Standard Conditions are required by the Project that substantially avoid the potential significant effects on the environment as summarized above and described in detail in Section 6.7.6 of the EIR. SC PS -1 Prior to the issuance of any building permit the project Applicant shall submit to the City Fire Chief or designee and Community Development Director or Designee, a Construction Phase Emergency Fire Access Plan and an Operational Phase Fire Master Plan for review and approval. SC PS -2 Prior to the issuance of the grading or building permit, the project Applicant shall submit to the Police Chief or designee and Community Development Director or designee a Construction Phase Emergency Access Plan for review and approval. SC PS -4 Prior to the approval of the grading plan or issuance of the first grading or building permit, the project Applicant shall submit to the Police Chief or designee and Community Development Director or designee an Operations Emergency Access Plan for on -going proposed project operations showing all proposed means of emergency access for both police and other emergency personnel into and around the proposed project. Temporary construction activities would create additional traffic on roadways from construction worker vehicles and delivery trucks traveling to and from the Project site. Potential impacts resulting from the Project's temporary incremental increase in construction - related traffic would be negligible to the overall function of the emergency response system based on the scale of proposed activities. In addition, as part of the City's Standard Conditions for issuance of a building permit, the Applicant would be required to submit a Construction Phase Emergency Fire Access Plan and a Construction Phase Emergency Access Plan to the Fire Chief, Police Chief and Community Development Director or their Designees (SC PS -1, SC PS -2 and SC PS -4). Preparation of the emergency access plans and coordination with emergency responders and City staff through these Standard Conditions would ensure adequate response is available in the event of an emergency. Therefore, impacts would be considered less than significant and no mitigation would be required. There are no evacuation corridors on or adjacent to the proposed Project site based on the City of Orange General Plan Figure PS -4, Generalized Evacuation Corridors. The nearest evacuation corridor to the proposed Project site is Meats Avenue approximately 0.6 mile to the south and Lincoln Avenue approximately one mile to the north, both accessed by Santiago Boulevard. The existing Marywood Pastoral Center would be redeveloped with 40 single - family units within a developed residential neighborhood. Redevelopment of the Site Findings of Fact Page 32 City of Orange Marywood Residential Development Project would have no direct impact on the identified evacuation corridors. In an emergency response situation, requiring evacuation from the site or emergency responders to enter the site, residents and visitors of the new homes would contribute to overall usage of local roads between the site and evacuation corridors. However, the Project's incremental change caused by redevelopment of the site would be less than significant within the immediate Project Area and negligible to the overall function of the emergency response system. Furthermore, Standard Conditions SC PS -4 described in Section 6.12 Public Services would require the Project Applicant to submit -to and obtain approval -from the City Police Department an Operations Emergency Access Plan for on -going proposed Project operations showing all proposed means of emergency access for both police and other emergency personnel into and around the proposed Project. Therefore, impacts would be less than significant and no mitigation would be required with implementation of SC PS -4. According to Figure PS -1 Environmental and Natural Hazard Policy Map of the City of Orange General Plan Safety Element, the Project site is not located in an area within 0.5 mile of hazardous material sites, concentrated industrial land -use area, 100 -year flood area, liquefaction hazard area, wildland high fire hazard area, or wildland very high fire hazard area. The Project site is located within a landslide area due to existing oversteepend hillside slopes on the west and southwest side of the property (refer to figure 4.5 -2 of the EIR). As described in detail in Section 6.5 of the EIR, Geology and Soils, potential landslide issues would be resolved by Project Design Features including remedial grading and slope stability measures and by compliance with Standard Conditions for grading and building code compliance. Therefore, potential impacts of Project implementation would be less than significant and no mitigation would be required. 8. Hydrology and Water Quality a) Impact (Short- Term): Threshold HWQ -1: (Water Quality) Violate or degrade any water quality standards, waste discharge requirements, or adversely affect beneficial uses of receiving water. Deplete groundwater supplies or interfere substantially with groundwater recharge. Result in a potential for discharge of storm water pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? Threshold HWQ -2: (Surface Run -off) Result in substantial erosion or siltation, increase the rate, flow velocity, or volume of runoff on- or off -site? Threshold HWQ -3: (Stormwater) Create or contribute run -off water, during construction or post - construction activity, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run -off? Description of the Impact Temporary exposure of the Project site during grading and construction could result in increased surface run -off, increased flows, erosion and /or discharge of pollutants that could adversely affect the storm water system or adversely affect water quality. Findings of Fact Page 33 City of Orange Marywood Residential Development Project Finding The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Standard Conditions described below. Facts in Support of Finding Standard Conditions are required by the Project that substantially avoid the potential significant effects on the environment as summarized above and described in detail in Section 6.8.6.1 of the EIR. SC HWQ -1 Prior to issuance of a grading permit, the Project Applicant would be required to submit a notice of intent (NOI) with the appropriate fees to the State Water Quality Resources Control Board for coverage of such future projects under the General Construction Activity Storm Water Runoff Permit prior to initiation of construction activity at a future site. As required by the NPDES permit, a Storm Water Pollution and Prevention Plan (SWPPP) would be prepared and would establish BMPs in order to reduce sedimentation and erosion. SC HWQ -2 Prior to issuance of a grading permit, the Project Applicant would prepare a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP would establish BMPs in order to reduce sedimentation and erosion and prevent construction pollutants from leaving the site. The Project would also incorporate all monitoring elements as required in the General Construction Permit. The Project Applicant would also develop an erosion and sediment control plan to be reviewed and approved by the City of Orange prior to issuance of grading permit. Although it is anticipated that the concentration of urban pollutants in storm runoff from the grading and construction activities associated with Project implementation could increase during the construction phase, the runoff would be controlled through applicable BMPs with implementation of Standard Conditions SC HWQ -1 and SC HWQ -2 to minimize discharges of pollutants, including siltation associated with erosion resulting from grading activities. By controlling peak storm runoff from the Project site and thereby not exceeding the capacity of the existing storm drain system, potential downstream impacts from erosion would be minimized. Further, once construction activities are completed, these impacts would cease. Therefore, impacts would be less than significant. c) Impact (Long- Term): Threshold HWQ -1: (Water Quality) Violate or degrade any water quality standards, waste discharge requirements, or adversely affect beneficial uses of receiving water. Deplete groundwater supplies or interfere substantially with groundwater recharge. Result in a potential for discharge of storm water pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? Description of the Impact Development of the Project site as proposed would result in substantial landform alteration and a change in the existing drainage conditions on the site, which could result in increased surface run -off, erosion, increased flows that could Findings of Fact Page 34 City of Orange Marywood Residential Development Project adversely affect the storm water system, and /or discharge of pollutants that could adversely affect water quality. Finding The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Standard Conditions and Project Design Features described below. Facts in Support of Findings The following Standard conditions and Project Design Features are required by the Project that substantially avoid the potential significant effects on the environment described above and analyzed in detail in Section 6.8.6.2 of the EIR. SC HWQ -3 Future site grading and construction would comply with the drainage controls imposed by the applicable building code requirements prescribed by the City of Orange. SC HWQ -4 The proposed Project would provide drainage collection (inlets) and drainage conveyance (storm drain pipe or street flow) to collect the run -off and convey it in a safe manor to the storm drain in East Villareal Drive. SC HWQ -5 The proposed Project drainage features would be sized in a manner to meet City of Orange requirements for flow conveyance and flood protection. SC HWQ -6 The proposed Project would provide an adequate storm drain system, consistent with storm drain routing alignments established in the hydrologic analysis. PDF HWQ -1 The proposed Project would provide a storage facility in the downstream areas of Planning Area A to provide controls of 100 -year run -off volumes in excess of the existing 100 -year condition. PDF HWQ -2 The proposed Project would reduce peak flow rates to a level consistent with existing conditions. The proposed Project would provide a "flow -by" detention basin to retard flows that exceed the maximum runoff within the storm drain system generated in Area A during the 100 -year storm runoff. The facility would be sized and configured to reduce mainline run -off rates to pre- Project levels downstream of the basin. The Project includes source control BMPs represented in structural measures such as landscape, irrigation, signage considerations, materials, and design of areas; and non- structural measures such as requirements for cleaning, education, and maintenance. The Project's structural measures for Site Design including SC HWQ -3 through SC HQW -6 and PDF HWQ -1 and PDF HWQ -2 are designed to retain water onsite, reduce the rate of run- off, and treat water for pollutants before release in to the storm water system. Non - structural source control measures, such as Litter Management to address trash, litter and pet wastes and Common Area Landscape Management to limit the use of fertilizers and pesticides and restrict the application of either material within 48 hours prior to predicted rain events enforced by HOA) would also be used to ensure consistency with the County Model Water Quality Management Plan and Technical Guidance Document. As analyzed in Section 6.8.6.2 of the EIR, flow rates for the Project site were found to decrease in the post- Project condition and be adequately handled by the existing storm water system without potential Findings of Fact Page 35 City of Orange Marywood Residential Development Project for onsite or offsite flooding. In addition, pollutants were also found to be adequately treated in the post- Project condition through use of a bioretention basin, as shown on the Project's TTM. Therefore, potential impacts to hydrology and water quality would be avoided and less than significant. d) Impact (Long- Term): Threshold HWQ -2: (Surface Run -of) Result in substantial erosion or siltation, increase the rate, flow velocity, or volume of runoff on- or off -site? Threshold HWQ -3: (Stormwater) Create or contribute run -off water, during construction or post- construction activity, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted run -off? Description of the Impact As indicated in Table 6.8 -9 of the EIR, Project implementation would result in a shift in the boundaries of four drainage subareas on the Project site, which would alter existing runoff direction and volumes. Alterations could have potentially significant impacts to surface run -off and /or stormwater. Finding: The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Project Design Features described below. Facts in Support of Findings The following Standard Conditions and Project Design Features are required by the Project that substantially avoid the potential significant effects on the environment described above and analyzed in detail in Section 6.8.6.2 of the EIR. PDF HWQ -1 The proposed Project would provide a storage facility in the downstream areas of Planning Area A to provide controls of 100 -year run -off volumes in excess of the existing 100 -year condition. PDF HWQ -2 The proposed Project would reduce peak flow rates to a level consistent with existing conditions. The proposed Project would provide a "flow -by" detention basin to retard flows that exceed the maximum runoff within the storm drain system generated in Area A during the 100 -year storm runoff. The facility would be sized and configured to reduce mainline run -off rates to pre- Project levels downstream of the basin. The proposed Project will consist of 40 single - family, detached residential homes with minimum 6,000 square foot lots. In general, the post- construction Project site would gently slope to the south, with surface runoff for each residential lot conveyed as sheet flow to the street and into the storm drain system. Runoff would then be conveyed southerly in the proposed storm drain line into the on -site detention basin prior to discharging to the existing storm drain system located in East Villareal Drive. Runoff would then be conveyed southwesterly to Santiago Boulevard and then easterly to the Buckeye Storm Channel OCFCD Facility No. E07S03) and the Collins Channel (E07) prior to discharging to Reach 2 of the Santa Ana River (E01). Hydraulic calculations presented in the Preliminary Hydrology Study indicate that the existing pipe crossings at East Villareal Drive would have the capacity to convey the Findings of Fact Page 36 City of Orange Marywood Residential Development Project estimated flows for post- construction 100 -year flow conditions. Furthermore, the onsite storm water system would be appropriately sized to ensure no onsite flooding. Therefore, with implementation of PDFs HWQ -1 and HWQ -2, proposed drainage and hydrologic conditions would not result in impacts to existing storm drain systems or offsite flooding. Potential impacts would be less than significant and no mitigation required. 9. Noise a) Impact (Short- Term): Threshold N0I -2: Would the project cause exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Description of the Impact Vibration caused by use of grading equipment during the project's grading phase could potentially reach levels above human annoyance thresholds. Finding The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Project Design Feature described below. Facts in Support of Findings Project Design Features are required by the Project that substantially avoid the potential significant effects on noise during the construction period of the project. PDF NOI -1 In the area of grading near existing residential structures (approximately 100 feet) no vibratory rollers or soil compacters shall be permitted. Necessary compaction shall be achieved with mechanical rollers or soil compactors. During the grading phase of the Project, mechanical rollers or soil compactors to be utilized for soil compaction of the area closest to the homes, such as at the end of East Marywood Lane, would not be of the vibratory type in accordance with PDF NOI -1. Potential ground vibration from such equipment is expected to be lower than those from vibratory rollers as discussed in the EIR Section 6.10.6.1. Furthermore, the backyards and building structures of these homes are elevated above the finished grade. The vertical separation from the Project site to the residential lots would result in additional dampening of vibration from the construction equipment. The combination of these factors and implementation of PDF NOI- 1 would result in vibration levels below the threshold of perceptibility. Therefore, vibration impacts of Project construction activities would be less than significant and no mitigation would be required. 10. Public Services and Facilities a) Impact (Short- Term): Threshold PS -1: Have a substantial adverse physical impact 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 ratios, response times or other Findings of Fact Page 37 City of Orange Marywood Residential Development Project performance objectives for any of the public services: Fire Protection; Police Protection; Schools; Other? Description of the Impact The site preparation and construction phases of the project could result in requests for fire protection services and police services related to the construction work and construction - related traffic. Finding The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Standard Conditions described below. Facts in Support of Findings Standard Conditions would be required by the Project that substantially avoid the potential significant effects on the environment affecting public services and facilities during the construction period of the project. Sc PS -1 Prior to the issuance of any building permit the Project Applicant shall submit to the City Fire Chief or designee and Community Development Director or Designee, a Construction Phase Emergency Fire Access Plan and an Operational Phase Fire Master Plan for review and approval. SC PS -2 Prior to the issuance of the grading or building permit, the Project Applicant shall submit to the Police Chief or designee and Community Development Director or designee a Construction Phase Emergency Access Plan for review and approval. The Construction Phase Emergency Fire Access Plan would enable emergency responders to effectively respond to an emergency call by knowing in advance the route to the Project site, locations of fire hydrants, and vehicular access from adjacent roadways (SC PS -1). The Construction Phase Emergency Access Plan would include the location of all existing access points from the adjacent public streets and the on -site emergency access areas provided to within 150 feet of all construction activities (SC PS -2). With implementation of SC PS -1 and SC PS -2, potential impacts would be less than significant. There are no significant short -term construction - related impacts to schools or other public facilities, such as library services. b) Impact (Long- Term): Threshold PS -1: Would the project have a substantial adverse physical impact 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 ratios, response times or other performance objectives for any of the public services: Fire Protection; Police Protection; Schools; Other? Description of the Impact The Project would result in 40 new single - family residential homes, which would potentially have a significant impact on existing fire protection, police protection, schools, and /or library services. Findings of Fact Page 38 City of Orange Marywood Residential Development Project Finding The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Standard Conditions and Project Design Feature described below. Facts in Support of Finding Standard Conditions and Project Design Features are required by the Project that substantially avoid the potential significant effects on the environment as summarized above and described in detail in Section 6.12.6.2 of the EIR. SC PS -3 Prior to building permit issuance, the Applicant shall pay the applicable statutory developer fees in effect at the time of the building permit to contribute to government facilities, including those for fire, police, schools and libraries. SC PS -4 Prior to the approval of the grading plan or issuance of the first grading or building permit, the Project Applicant shall submit to the Police Chief or designee and Community Development Director or designee an Operations Emergency Access Plan for on -going proposed Project operations showing all proposed means of emergency access for both police and other emergency personnel into and around the proposed Project. SC PS -5 Prior to the issuance of any building permit, the Project plans shall demonstrate compliance with the City Fire Code (Orange Municipal Code Chapter 15.32) and the California Building Code Article 9, Appendix III -A and Appendix III -B as interpreted by the OFD related to fire access, fire flow requirements, the number, placement, height, and spacing of hydrants, and automatic fire extinguishing systems. SC PS -6 All fire hydrants are public and shall meet the public fire hydrant standards and the City of Orange Public Works Water Division standards. Each fire hydrant shall be provided with Blue Dots in accordance with the OFD, City of Orange Utilities Department. SC PS -7 Any manual gate secured by a locking device shall have a Knox box with key inside to the gate's locking mechanism. The Knox box shall be keyed for police and fire access and identified on the Project's Fire Master Plan. PDF PS -1 All residential units shall have illuminated address signs visible from the street to facilitate address identification by emergency responders. The location of the signs shall be identified on the final approved construction plans. The Project would generate an incremental increase in demand on existing fire, police, school and library services with the addition of 40 homes. The Project would be required to pay development fees consistent with SC PS -3, which is intended to offset this incremental increase in demand and reduce potential impacts to below a level of significance. The Project would be required to obtain approval of an Operations Emergency Access Plan (SC PS -4), install Knox boxes at locked gates (SC PS -7), and provide illuminated address signs for rapid address identification from the street (PDF PS -1), all of which help to ensure emergency access is provided and response times from fire and police are adequate. Furthermore, compliance with City Fire Code (SC PS -5) and City fire hydrant standards (SC Findings of Fact Page 39 City of Orange Marywood Residential Development Project PS -6) would ensure that proper safety infrastructure is incorporated into the Project site. Compliance with the Standard Conditions and PDF described above would reduce any potential impacts to fire, police, school and library services to a level below significance. 11. Recreation a) Impact (Long- Term): Threshold REC -1: Would the proposed project increase the use of existing neighborhood and regional park or other public park facilities such that substantial physical deterioration of the facilities would occur or be accelerated? Description of the Impact The proposed Project would generate a population of approximately 122 new residents, which potentially create an incremental demand for parks and recreational facilities. Finding: The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Standard Condition described below. Facts in Support of Finding Standard Condition SC REC -1 is required to be satisfied by the Project that substantially avoids the Project's potential significant effects on recreation facilities. SC REC -1 Prior to issuance of a building permit, the Applicant/subdivider shall comply with the provisions of Chapter 16.60, Park Dedication and Fees of the City Municipal Code for park land dedication and /or payment of in -lieu fees. Per the City's Municipal Code, the 40 dwelling units would require a total of 0.366 net acre of parkland to accommodate the future residents at a rate of 3 acres of parkland per 1,000 residents. However, the City of Orange Municipal Code Section 16.60.060 - Formula for Fees in -lieu of Dedication includes some flexibility in determining compliance, including either parkland dedication and /or payment of park land in -lieu fees. For subdivisions containing 50 dwelling units or less with no suitable areas for park dedication, only the payment of the in -lieu fee is required to mitigate the Project's incremental increase in demand for park and recreational facilities. Therefore, compliance with the City's Municipal Code as prescribed in Section 6.13.5 of the EIR, SC REC -1 would ensure that the Project's impacts to parks and recreational facilities are reduced to a less than significant level. 12. Traffic and Circulation a) Impact (Short- Term): Findings of Fact Page 40 City of Orange Marywood Residential Development Project Threshold TRA -1: Would the project conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Threshold TRA -4: Substantially increase hazards due to a design feature (e. g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). Description of the Impact Delivery of construction materials to the project site could cause a significant temporary disruption to the local circulation system with the additional truck traffic on roadways accessing the site. Finding The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Project Design Feature described below. Facts in Support of the Finding Project Design Feature PDF -TRA -1 is required by the Project that will substantially avoid the Project's potential significant short-term effects on traffic and the circulation system. PDF TRA -1 The Project Applicant/Construction Contractor shall implement a Construction Management Plan to time the delivery of construction materials on a schedule that reduces potential impacts to roadways and intersections by minimizing vehicle queuing and stacking. Material delivery shall be limited between the hours of 7 AM and 3 PM. The Construction Management Plan shall be approved by the City and a copy shall be kept on -site and made available for inspection by City staff. Short-term traffic impacts are those resulting from site preparation and construction activities. Site preparation and construction activities are anticipated to occur from August 2015 through October 2017. During this period, the Project would generate a temporary increase in traffic on the local roadway system associated with the transport of materials and equipment and associated with construction workers traveling to and from the Site. The amount of traffic generated during this time would vary in intensity based on the stage of construction and type of construction activity taking place. The most intensive amount of traffic would be generated during the grading phase, which includes the import of approximately 8,000 cubic yards of soil material necessary for building the retaining wall. This activity would require the use of trucks utilizing the local roadways to transport the material to the Site. Table 6.14 -4 of the EIR provides a summary of the forecast Project construction peak hour and daily traffic volumes. Review of the table shows that on a "typical" weekday of construction, the import and export of material to and from the Project site plus the trips from the construction workers are expected to generate 656 daily trips with 88 trips (49 inbound and 39 outbound) produced during the AM peak hour and 0 trips produced during the PM peak hour based on construction schedule. It should be noted that the proposed Project would require additional construction activities, such as site demolition/ preparation, Findings of Fact Page 41 City of Orange Marywood Residential Development Project grading, underground of utilities, building construction, etc. However, these additional construction activities would result in fewer trips generated at one time than that of material import activities. The additional 656 ADTs generated during project construction, would not cause local roadways to exceed the City's acceptable LOS D threshold for any of the study area roadways. Per the General Plan Circulation Element Table CM -3, there are no specified roadway capacity ADT volume ranges for roadway segments operating at above LOS D or LOS E (i.e. those operating at LOS A, LOS B, or LOS C). All roadways will continue to operate at a LOS D or better with the addition of the 656 ADTs, accounting for existing ADT conditions and in consideration of each roadway's allowable capacity as shown in Table 6.14 -5 of the EIR. Therefore, no impacts would occur and no mitigation is required. The results of short-term construction impact analysis are provided in Table 6.14 -6 of the EIR on the following page. Based on the anticipated worst -case construction traffic scenario described above and in consideration of existing LOS for the study area intersections, which are currently operating at levels LOS A, LOS B and LOS C during the AM peak hour, temporary traffic impacts associated with construction would not reduce the study area intersections' LOS to an unacceptable level (i.e., LOS E or LOS F). The temporary addition of 656 total daily trips with 88 trips occurring in the AM peak hour and 0 trips occurring in the PM peak hour would not cause a significant delay or a change in LOS at any of the study area intersections. Therefore, potential short-term impacts to intersections would be less than significant. Nonetheless, as a Project Design Feature, implementation of a Construction Management Plan would require the delivery of construction materials on a schedule that reduces potential impacts to roadways and intersections by minimizing vehicle queuing and stacking (refer to PDF TRA -1 in Section 6.14.5 of the EIR). Temporary construction activities would not require alteration of existing roadways, including the roadway of East Villareal Drive that serves the Project site's single access point. In addition, entry and exit of construction worker vehicles and delivery trucks would be managed through implementation of a Construction Management Plan to reduce potential impacts on roadways and intersections by minimizing vehicle queuing and stacking (refer to PDF TRA -1 in Section 6.14.5 of the EIR). Therefore, potential impacts from temporary construction activities would be less than significant and no mitigation is required. b) Impact (Short- Term): Threshold TRA -5: Would the project result in inadequate emergency access? Description of the Impact Standard Conditions are required by the Project that will substantially avoid the Project's potential significant short-term effects on emergency access. Finding: The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Standard Conditions described below. Facts in Support of the Finding Standard Conditions SC PS -1 and SC PS -2 are required by the Project that will substantially avoid the Project's potential significant short-term effects on emergency access. Findings of Fact Page 42 City of Orange Marywood Residential Development Project SC PS -1 Prior to the issuance of any building permit the project Applicant shall submit to the City Fire Chief or designee and Community Development Director or Designee, a Construction Phase Emergency Fire Access Plan and an Operational Phase Fire Master Plan for review and approval. SC PS -2 Prior to the issuance of the grading or building permit, the project Applicant shall submit to the Police Chief or designee and Community Development Director or designee a Construction Phase Emergency Access Plan for review and approval. As part of the City's Standard Conditions for issuance of a building permit, the Applicant would be required to submit a Construction Phase Emergency Fire Access Plan (SC PS -1) and a Construction Phase Emergency Access Plan (SC PS -2) to the Fire Chief, Police Chief and Community Development Director or their Designees. Preparation of the emergency access plans and coordination with emergency responders and City staff through these Standard Conditions would ensure adequate response is available in the event of an emergency. Therefore, impacts would be considered less than significant and no mitigation would be required. 13. Utilities a) Impact (Short- Term): Threshold U -4: Would the project be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs and comply with federal, state, and local statutes and regulations related to solid waste? Description of the Impact Project demolition would generate approximately 9,500 tons of solid waste and additional green waste, which could potentially impact the City's ability to meet CIWMP's waste reduction goals as well as requirements outlined by Assembly Bill 939. Finding: The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with implementation of Project Design Features described below. Facts in Support of the Finding Project Design Features are required by the Project that substantially avoid the potential significant effects on the environment as summarized above and described in detail in Section 6.15.6 of the EIR. PDF U -3 The Project shall re -use approximately 90 percent of all demolished building and hardscape material. This material would include reusable crushed concrete and asphalt as engineered base /fill. PDF U -4 During Project construction, green waste (plants and vegetation), metals, clean wood and cardboard shall be separated on -site for hauling and recycling at a processing facility identified by County of Orange OC Waste & Recycling or equivalent. Findings of Fact Page 43 City of Orange Marywood Residential Development Project Implementation of PDF U -3 and PDF U -4 would divert construction waste through reuse and recycling of materials; thus, serving to meet the City's and CIWMP's waste reduction goals as well as to meet requirements outlined by Assembly Bill 939. Therefore, potential impacts would be less than significant. b) Impact (Long- Term): Threshold U -1: Would the project cause wastewater treatment and facilitates that: Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board; Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities; and or, Lead to a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Threshold U -2: Would the project 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? Threshold U -3: Would the project have sufficient water supply available to serve the project from existing entitlements and resources so as not to require new or expanded entitlements? Threshold U -4: Would the project be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs and comply with federal, state, and local statutes and regulations related to solid waste? Description of the Impact Development and occupancy of the Project would generate sewer /wastewater, solid waste, increased water consumption, and solid waste all of which could potentially impact the ability of utilities to adequately serve the needs of the Project. Finding: The City makes Finding 1 and determines that this potential impact is Less Than Significant as a result of compliance with the Standard Conditions and Project Design Features described below. Facts in Support of the Finding Standard Conditions and Project Design Features are required by the Project that substantially avoid the potential long -term significant effects on the environment of the Project on utilities. SC U -1 The Project would comply with the City of Orange Municipal Code including Chapter 7.01, Water Quality and Stormwater Discharges; Chapter 13, Public Utilities, Section I, Water System and Section II, Sewer System; and Chapter 8.28, Garbage. SC U -2 All in -tract sewer /wastewater collection facilities would be designed to meet the requirements and standards prescribed by the Orange County Sanitation District and City of Orange Sewer Department, Public Works. Findings of Fact Page 44 City of Orange Marywood Residential Development Project SC U -3 All in -tract water mains and related facilities would be designed to meet the requirements and standards prescribed by the City of Orange Water Division. PDF U -1 The plant palette in the landscaping plan shall include drought - tolerant species that reduce the demand for domestic water supply. PDF U -2 A high- efficiency, low -flow drip irrigation system shall be used in the Project site's landscaped common areas to reduce the demand for domestic water supply. Turf will also be minimized on residential lots, with the majority of the proposed plant palette consisting of drought tolerant species. All new landscaped areas must be irrigated with either drip or microspray irrigation. PDF U -5 The Project will utilize water efficient indoor fixtures, such as low flow shower heads and toilets and on- demand water heating pumps. The Project would connect to an existing eight -inch sewer line located within East Villareal Drive. Connection to the existing system would not cause issues with water quality, an increase in need for infrastructure or an exceedance of existing capacity. Therefore, no significant unavoidable impacts would occur. Furthermore, implementation of SC U -1 and SC U -2 would ensure sewer facilities would be adequate to accommodate the proposed Project. The Project would be constructed on an existing developed site currently served by OCWD and OWD. The Project would connect to an existing 18 inch waterline located within East Villareal Drive. Because the Project is a relatively small (40 homes) infill Project that is consistent with long -term planning and land -use objectives set by the UWMP and the General Plan, no significant impacts would occur and no mitigation would be required. In addition, SC U -1 and SC U -3 would ensure the Project complies with the City's Municipal Code regarding water system design and capacity requirements. Furthermore, implementation of PDF U -1 and PDF U -2 would provide for drought tolerant landscaping and an efficient irrigation system in the Project's common areas to further promote water conservation goals of MWD and CDWR. In addition, Page 6.15 -22 of the Draft EIR notes that the Project includes the use of water efficient indoor fixtures, such as low flow shower heads and toilets and on- demand water heating pumps. These measures have been added as project design feature PDF U -5 in the Final EIR for consistency. The County's ability to meet the long -term demands for solid waste disposal would ensure that no significant unavoidable adverse impacts would occur with Project implementation. In addition, SC -1 would ensure the Project complies with the City's Municipal Code regarding proper storage, handling and disposal of municipal solid waste. Therefore, potential impacts to utilities and /or utilities systems would be less than significant. D. POTENTIAL ENVIRONMENTAL IMPACTS DETERMINED TO BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE 1. Air Quality a) Impact (Short- Term): Findings of Fact Page 45 City of Orange Marywood Residential Development Project Threshold AQ -1: Would the project conflict with or obstruct implementation of the applicable air quality plan? Threshold AQ -2: Would the project violate any air quality standard or contributes substantially to an existing or projected air quality violation? Description of the Impacts (Impact AQ -1 and Impact AQ -2) Construction activities would result in a 0.8 pound per day exceedance of allowable NOx emissions in 2015; Construction activities would result in a 0.8 pound per day exceedance of allowable NOx emissions in 2015; Peak construction activities may result in a 10.6 pound per day exceedance of allowable PM10 in 2015; and may result in a 0.9 pound per day and 0.2 pound per day exceedance of allowable PM2.5 in 2015 and 2016, respectively. Finding The City makes Finding 1 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect described above and identified in the Final EIR. Facts in Support of Finding The Project would be subject to South Coast Air Quality Management District (SCAQMD) Rules 402, 403, 431.1, 431.2, 1108 and 1108 through implementation of Standard Conditions SC AQ -1 through SC AQ -5 during construction. SCAQMD does not require a permit for construction activities, per se, but rather, sets forth general and specific requirements for all construction sites in the South Coast Air Basin SCAB). The general requirements prohibit a person from causing or allowing certain types of emissions at regulated quantities. SCs AQ -1 through AQ -5 are designed to reduce impacts associated with the significance thresholds listed in Section 6.2.4 of the EIR. As a Standard Condition, the Project's construction contractor is required to implement Best Available Control Technology (BACT) during construction activities to ensure no violations are made with SCAQMD rules. In addition, adherence with Title 24 energy efficiency standards would also be required through SC AQ -6. Finally, Project Design Features PDF AQ -1 and PDF AQ -2 would be used to minimize impacts of fugitive dust on the adjacent Childtime Daycare and homes. These Standard Conditions and Project Design Features were used to form the basis of analysis in the EIR and below. SC AQ -1 Adherence to SCAQMD Rule 402, which prohibits air contaminants or other materials that cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause injury or damage to business or property to be emitted within the SCAB. SC AQ -2 Adherence to SCAQMD Rule 403, which sets requirements for dust control associated with grading and construction activities (refer to Tables 4, 5, and 6 in Appendix D of the Air Quality Report). SC AQ -3 Adherence to SCAQMD Rules 431.1 and 431.2, which require the use of low sulfur fuel for stationary construction equipment. SC AQ -4 Adherence to SCAQMD Rule 1108, which sets limitations on ROG content in asphalt. Findings of Fact Page 46 City of Orange Marywood Residential Development Project SC AQ -5 Adherence to SCAQMD Rule 1113, which sets limitations on ROG content in architectural coatings. SC AQ -6 Adherence to Title 24 energy- efficient design requirements as well as the provision of window glazing, wall insulation, and efficient ventilation methods in accordance with the requirements of the Uniform Building Code. PDF AQ -1 The crushing machinery/operations will be located near the area currently occupied by the Chapel, which represents the center of the Project site, to minimize impacts on surrounding land uses. The location of crushing machinery/operations shall be identified on the final grading plans. PDF AQ -2 Stockpiles associated with the crushing /grading operations shall be either covered or other equivalent measures, such as soil binders, shall be applied to minimize the release of dust from the stockpiles. MM AQ -1 Off -road construction equipment shall be equipped with Tier 4 engines, unless that technology is not available for a particular type of equipment, in which case, the cleanest burning engine technology shall be used. MM AQ -2 Vehicle speed on unpaved roads shall be reduced to 15 miles per hour. MM AQ -3 Exposed areas shall be watered three times per day. Proposed project construction would not produce emissions that exceed an SCAQMD significance threshold after mitigation. Table 6.2 -5 of the EIR summarizes the unmitigated peak daily emissions associated with construction of the proposed Project. The table shows that only NOx emissions in 2015 would exceed the significance threshold by 0.8 pounds per day above the allowable 100 pounds per day. NOx emissions in 2015 would result mostly from the combustion of diesel fuel in off -road construction equipment during excavation /grading activities and the diesel fuel combustion emissions associated with haul trucks used to import 8,000 cubic yards of material for construction of a retaining wall. As shown in Table 6.2 -6 of the EIR, implementation of MM AQ -1 would reduce NOx emissions from the projected 100.8 pounds per day without mitigation to 42.5 pounds /day with mitigation, well below the allowable threshold of 100 pounds per day. MM AQ -1 would mitigate impacts to less than significant. As shown in the Project- specific dispersion analysis (Tables 6.2 -9 and 6.2 -10 of the EIR), PM,o and PM2.5 localized impacts would be below the significance thresholds with implementation of mitigation measures MM AQ -1 through MM AQ -3. Therefore, consistent with the dispersion analysis, mitigation measures MM AQ -1 through MM AQ -3 would be required by the Project to ensure potential impacts are less than significant. b) Impact (Short- Term): Findings of Fact Page 47 City of Orange Marywood Residential Development Project Threshold AQ -3: Would the project 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 including releasing emissions which exceed quantitative thresholds for ozone precursors)? Description of the Impact Emissions generated during temporary construction activities could have a significant impact on criteria pollutants. Finding: The City makes Finding 1 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect described above and identified in the Final EIR. Facts in Support of Findings Mitigation Measures MM AQ -1 through MM AQ -3 required by the Project would help to reduce potentially significant effects on the environment. MM AQ -1 Off -road construction equipment shall be equipped with Tier 4 engines, unless that technology is not available for a particular type of equipment, in which case, the cleanest burning engine technology shall be used. MM AQ -2 Vehicle speed on unpaved roads shall be reduced to 15 miles per hour. MM AQ -3 Exposed areas shall be watered three times per day. Only one related project would be located within 1 mile of the proposed Project. A proposed automated car wash at an existing gas station located at 2844 North Santiago Boulevard would be within 1 mile, but more than 500 feet from the proposed Project. Although this project may occur in the vicinity of and contemporaneously with the proposed Project, the proposed Project would have a relatively short construction schedule of less than 2 years, with the majority of construction occurring in the first 6 months. Therefore, any construction impacts would be short in duration and unlikely to overlap substantially with other projects in the vicinity. In addition, SCAQMD developed a policy to address cumulative impacts of CEQA projects SCAQMD, 2003). The policy considers the cumulative threshold to be the same as the project threshold being analyzed. As determined by the Project— specific dispersion analysis shown in Tables 6.2 -9 and 6.2 -10 of the El R, construction of the proposed Project would not exceed SCAQMD thresholds for regional emissions or localized impacts of criteria pollutants with implementation of mitigation measures MM AQ -1 through MM AQ -3. As such, the proposed Project would not be considered cumulatively considerable under SCAQMD's policy as it does not exceed Project- specific air quality significance thresholds. Therefore, the Project's cumulative contribution would be less than significant and no additional mitigation is required. c) Impact (Short- Term): Threshold AQ -4: Would the project expose sensitive receptors to substantial pollutant concentrations? Findings of Fact Page 48 City of Orange Marywood Residential Development Project Description of the Impact (Impact AQ -3) Construction activities would result in DPM emissions (as PM,o exhaust), which is considered a Toxic Air Contaminant, for residential and occupational receptors that are below applicable thresholds of significance but may pose a temporary nuisance. Finding: The City makes Finding 1 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect described above and identified in the Final EIR. Facts in Support of Finding Mitigation Measures MM AQ -1 through MM AQ -3 required by the Project would help to reduce potentially significant effects on the environment. MM AQ -1 Off -road construction equipment shall be equipped with Tier 4 engines, unless that technology is not available for a particular type of equipment, in which case, the cleanest burning engine technology shall be used. MM AQ -2 Vehicle speed on unpaved roads shall be reduced to 15 miles per hour. MM AQ -3 Exposed areas shall be watered three times per day. Health effects from carcinogenic Toxic Air Contaminants (TACs) are usually described in terms of individual cancer risk, which is based on a 70 -year lifetime exposure to TACs. The proposed Project construction period of two years, with the majority of activity occurring during the first six months, would be much less than the 70 years used for risk determination. With mitigation measures MM AQ -1, MM AQ -2 and MM AQ -2, the maximum daily emission for DPM (as PM,o exhaust) would be less than one pound per day during construction activities, as shown in Table 6.2 -6 of the EIR. Furthermore, the proposed Project would also not exceed the SCAQMD localized significance thresholds for PM,o or PM2.5, as shown in Table 6.2 -10 of the EIR. The proposed Project would not expose sensitive receptors to substantial TAC emissions. Therefore, impacts would be less than significant with mitigation measures MM AQ -1 through MM AQ -3. 2. Biological Resources a) Impact (Short- Term): Threshold 810 -4 Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Description of the Impact (Impact BIO -11 If vegetation removal and /or demolition activities are scheduled during nesting bird season (February 1 to September 15), activities could potentially impact nesting birds, eggs, or active nests, which could lead to a violation of the MTBA and a significant impact. Finding: The City makes Finding 1 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect described above and identified in the Final EIR. Findings of Fact Page 49 City of Orange Marywood Residential Development Project Facts in Support of the Finding Mitigation Measures MM BIO -1 required by the Project would reduce potentially significant impacts on breeding and nesting birds. MM BIO -1 If vegetation removal and /or demolition activities cannot be avoided during the period of February 1 through September 15, a qualified biologist shall survey all potential nesting habitat within the property and a 500 foot radius within five days prior to commencing vegetation removal and /or construction activities to determine the presence or absence of nesting activity. If no nesting activities are observed, work activities may begin. If an active bird nest is identified, the nest site shall be marked /flagged in all directions onsite at an appropriate distance determined by a qualified biologist (based on the site conditions), typically 500 feet for endangered, threatened, and candidate species and all raptors, and 300 feet for other species. No work shall occur within the buffer area until after the nest becomes inactive, or unless a qualified biologist monitors the nest during construction activities within the buffer and does not observe any signs of stress or erratic behavior that indicate a negative effect on nesting. If the biologist observes signs of stress, all construction activities within the buffer area shall cease immediately. Should vegetation removal and /or construction cease for over a two week period, new nesting surveys must be conducted within five days of restarting work if vegetation that could support nesting birds is present. Although no nesting activity was observed during the field study, the Project site does host breeding, nesting and /or roosting habitat for bird species. The eucalyptus and palm trees have the potential to provide potential roosting habitat for raptors and the existing structures may provide habitat for nesting birds such as swallows or cavity nesters, etc. Therefore, if vegetation removal, ground disturbance, or demolition activities occur between February 1 and September 15, mitigation measure MM BIO -1 would be implemented to ensure protection of nesting birds and active nests and to avoid potential violations of the MBTA. With implementation MM BIO -1, impacts would be less than significant. 3. Cultural Resources a) Impact (Long- Term): Threshold CUL -2: Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Description of the Impact (Impact CUL -11 A potentially significant impact would occur if construction activities, specifically remedial grading in undisturbed native soils, uncovers an archeological resource. Finding: The City makes Finding 1 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect described above and identified in the Final EIR. Findings of Fact Page 50 City of Orange Marywood Residential Development Project Facts in Support of the Finding Changes or alterations have been required in, or incorporated into the Project, or are otherwise being implemented that substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Section 6.4.6 of the EIR. MM CUL -1 If an archaeological discovery is made during construction, work in the immediate vicinity (30 feet in each direction) of the find shall be halted and a qualified archaeologist shall be retained to assess the nature and significance of the find and make recommendations. a. If the discovery is not significant, it shall be mapped and photographed in place, then removed by the qualified archaeologist. b. If the discovery is significant, the qualified archaeologist shall notify the applicant and the City immediately. c. In consultation with the applicant and the City, the qualified archaeologist shall develop a plan of mitigation which will likely include salvage excavation, processing soil matrix, laboratory cleaning, sorting, and analysis, historic and /or prehistoric research to establish a context within which to analyze the find, preparation of a detailed report, and curation of the find in a local qualified repository (a university, museum, or curation facility with permanent and secure storage that allows access to collections for research purposes and maintains environmental conditions suitable for the conservation of fossils /artifacts) such as the Cooper Center for Archaeology and Paleontology in Santa Ana. d. If the discovery is prehistoric in nature, local Native Americans shall be consulted. The Project site has undergone extensive grading when the existing Marywood development was originally constructed. Approximately 40 to 70 feet of artificial fill sediment was placed on top of native soils. Therefore, the analysis has anticipated that the Project site has a low sensitivity for uncovering or damaging prehistoric archaeological resources during construction activities because of the extensive alteration of the site that has occurred, including the removal of native soils and placement of fill material on portions of the site. Nonetheless, mitigation measure MM CUL -1 would require work to be halted in the immediate area and Native American notification be given if a resource is uncovered during construction. Implementation of CUL -1 would reduce potential impacts to a less than significant level. b) Impact (Long- Term): Threshold CUL -3: Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Description of the Impact (Impact CUL -2) A potentially significant impact would occur if construction activities, specifically remedial grading in undisturbed native soils, uncovers a Paleontological resource. Findings of Fact Page 51 City of Orange Marywood Residential Development Project Finding: The City makes Finding 1 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect described above and identified in the Final EIR. Facts in Support of the Finding Changes or alterations have been required in, or incorporated into the Project, or are otherwise being implemented that substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Section 6.4.6 of the EIR. MM CUL -2 A paleontological monitor shall be present to observe grading operations in native sediments, estimated at- or below approximately 40 to 70 feet in depth from the current surface. The monitor shall work under the direct supervision of a qualified paleontologist (B.S. /B.A. in geology, or related discipline with an emphasis in paleontology and demonstrated competence in paleontological research, fieldwork, reporting, and curation). a. The qualified paleontologist shall be on -site at the pre- construction meeting to discuss monitoring protocols. b. The monitor shall be notified 48 hours prior to reaching the estimated /approximated depths of native /undisturbed sediments. c. In native /undisturbed sediments, paleontological monitoring shall be full - time to start. After the qualified paleontologist has had time to assess the on -site geological conditions for the preservation of fossils, monitoring levels may be reduced if the on -site conditions are not likely or high for the potential preservation of fossils. d. The monitor shall be empowered to temporarily halt or redirect grading efforts if paleontological resources are discovered. e. In the event of a paleontological discovery, the monitor shall flag the area and notify the construction crew immediately. No further disturbance in the flagged area shall occur until the qualified paleontologist has cleared the area. f. In consultation with the qualified paleontologist, the monitor shall quickly assess the nature and significance of the find. If the specimen is not significant it shall be quickly removed and the area cleared. g. If the discovery is significant the qualified paleontologist shall notify the applicant and the City immediately. h. In consultation with the applicant and the City, the qualified paleontologist shall develop a plan of mitigation which will likely include salvage excavation and removal of the find, removal of sediment from around the specimen (in the laboratory), research to identify and categorize the find, curation of the find in a local qualified repository, and preparation of a report summarizing the find, and curation of the find in a local qualified repository (a university, museum, or curation facility with permanent and secure storage that allows access to collections for research purposes and maintains environmental conditions suitable for the conservation of fossils /artifacts) such as the Cooper Center for Archaeology and Paleontology in Santa Ana. Grading, over - excavation, remediation, or any ground disturbing activities that extend into native and undisturbed sediments have the potential to impact paleontological resources Findings of Fact Page 52 City of Orange Marywood Residential Development Project due to the high sensitivity of the Project site and area for encountering such resources. In the event that fossils are encountered during grading and site preparation, which constitutes a potential significant impact under CEQA, mitigation would be required. In order to avoid potentially significant impacts to paleontological resources, mitigation measure MM CUL -2 has been prescribed. This measure requires paleontological monitoring by a qualified expert during construction activities in native and undisturbed soils to minimize and /or avoid potential impacts to resources if uncovered and provides steps to ensure that proper salvage and curation of the resources occurs. Implementation of MM CUL -2 would reduce potential impacts to a less than significant level. 4. Geology and Soils a) Impact (Long- Term): Threshold GEO -3: Would the proposed project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the proposed project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse? Description of the Impact (Impact GEO -1) Impacts to soil stability could be potentially significant if the Project's proposed remedial grading activities do not resolve existing soil settlement issues on the Project site prior to construction of the proposed residential units. Finding The City makes Finding 1 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect described above and identified in the Final EIR. Facts in Support of the Finding The Project is required to implement mitigation measure MM GEO -1 described below to ensure remediation of existing settlement issues are resolved and structural integrity of the soils are achieved as described in detail in Section 6.5.6 of the EIR. MM GEO -1 A minimum of 10 settlement monuments shall be installed within seven days after the completion of grading within fill areas greater than approximately 40 feet below finish grade. The settlement monuments shall be read by a licensed surveyor twice a week for a period of no less than three months. Shallow footings and slab -on -grade foundations shall be constructed after settlement monitoring data indicates future total settlements are within tolerable limits. Tolerable limits shall include a determination by the Project's geotechnical engineer and foundation designer that the surveyed areas will maintain a predicted 3 inches or less of settlement for the next 50 years. If a determination is made that tolerable limits are not met, impacted areas shall either be surcharged with up to 10 feet of additional fill material followed by an additional three months of surveying to determine tolerable limits are met; or construction shall be delayed until additional settlement monitoring determines tolerable limits are met. Although remedial grading activities described above are anticipated to resolve existing soil settlement issues, three months of post - grading monitoring would be implemented through mitigation measure MM GEO -1 to ensure soil settlement issues have been resolved to the Findings of Fact Page 53 City of Orange Marywood Residential Development Project City Engineer's satisfaction. Implementation of MM GEO -1 would ensure potential impacts are reduced to a less than significant level in the post - grading phase condition. b) Impact (Long- Term): Threshold GEO -3: Would the proposed project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the proposed project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse? Description of the Impact (Impact GEO -2) Corrosive soils per Caltrans criteria guidelines may exist on -site upon completion of grading activities that could negatively affect the long- term integrity of the proposed residential units' foundation systems. Finding: The City makes Finding 1 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect described above and identified in the Final EIR. Facts in Support of the Finding Changes or alterations have been required in, or incorporated into the Project, or are otherwise being implemented that substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Section 6.5 of the EIR. MM GEO -2 A minimum of five representative soil samples shall be collected and tested at the completion of rough grading for presence of corrosive soils. If corrosive soils are detected with pH levels of 5.5 or less; or the chloride concentration is 500 ppm or greater; or the sulfate concentration is 2,000 ppm or greater; specific remediation methods shall be implemented such as increased compressive strength for structural concrete, decreased water -to- cement ratio for structural concrete and /or encapsulation of post- tensioned cables. Specific remediation methods shall include one or more of the above listed options as determined by the foundation design engineer and as approved by the City. If corrosive soils are not detected at levels described above, no mitigation shall be required. Based on test results for chloride and sulfate content, onsite soils are considered corrosive using Caltrans criteria. Adherence to the 2010 CBC regarding design, mix placement and curing of concrete would avoid potential corrosion and related adverse effects associated with sulfates in the soil. However, specific mitigation such as increased compressive strength for structural concrete, decreased water -to- cement ratio for structural concrete and /or encapsulation of post- tensioned cables to reduce levels below significance would need to be determined based on as- graded conditions. Therefore, Mitigation Measure MM GEO -2 would be implemented for post grading soil testing to determine presence of corrosive soils and proper measures, if applicable, for site treatment including but not limited to the specific mitigation options discussed above. Implementation of MM GEO -2 would mitigate impacts to less than significant. 5. Hazards and Hazardous Materials Findings of Fact Page 54 City of Orange Marywood Residential Development Project a) Impact (Short- Term): Threshold HAZ -1: Would the project create a significant hazard to the public or the environment through: Routine transport, use or disposal of hazardous materials; A reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment, and /or Hazardous emissions or handling hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? Description of the Impact (Impact HAZ -1) Construction workers could be exposed to asbestos containing materials and /or lead -based paint containing materials during the Project's demolition phase, resulting in a potentially significant health risk. Finding The City makes Finding 1 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect described above and identified in the Final EIR. Facts in Support of the Finding The Project is required to implement mitigation measure MM HAZ -1 described below to ensure proper disposal of found hazardous materials as described in detail in Section 6.7 of the EIR. MM HAZ -1 Testing for the presence and location(s) of asbestos containing materials and lead -based containing materials shall be performed by a professional service provider prior to issuance of a demolition permit. Any identified contaminated materials shall be removed, handled and processed per applicable health and safety code regulations. Asbestos - containing materials (ACM) and lead -based paint (LBP) materials would potentially pose a significant health risk to occupational construction workers during the Project's demolition phase if not properly identified, handled and processed according to health and safety laws. Therefore, mitigation measure MM HAZ -1 would provide for professional sampling, analysis and proper disposal (if found) of ACM and /or LBP hazardous materials as a condition of the demolition permit. With implementation of MM HAZ -1, impacts would be reduced to less than significant. 6. Noise a) Impact (Short - Term): Threshold N0I -1: Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Findings of Fact Page 55 City of Orange Marywood Residential Development Project Threshold NOI -3: A substantial permanent, temporary, or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Are the thresholds set out below the ones that will be applied for this threshold? Description of the Impact (impact NOI -1) Temporary exposure of persons to noise levels in excess of existing conditions and /or a substantial temporary increase in ambient noise levels would occur during project construction. Finding: The City makes Finding 1 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect described above and identified in the Final EIR. Facts in Support of the Finding Changes or alterations have been required in, or incorporated into the Project, or are otherwise being implemented that substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Section 6.10 of the EIR. SC NOW Project construction activities shall be limited to the City's restricted hours of 7 AM and 8 PM on weekdays and between 9 AM and 8 PM on Sundays and holidays. PDF AQ -1 The crushing machinery/operations would be located near the area currently occupied by the Chapel, which represents the center of the Project site. The location of crushing machinery/operations shall be identified on the final grading plans. PDF NOI -1 In the area of grading near existing residential structures (approximately 100 feet) no vibratory rollers or soil compacters shall be permitted. Necessary compaction shall be achieved with mechanical rollers or soil compactors. PDF NOI -2 Crushing and grading operations shall be further restricted as follows: Crushing operations shall be restricted to Monday through Friday between the hours of 7:30 AM and 4:30 PM. No crushing shall be permitted on a Saturday, Sunday or Holiday. Grading operations shall be restricted to Monday through Friday between the hours of 7:30 AM and 5:00 PM, with limited grading as necessary permitted on Saturdays between the hours of 8:00 AM and 4:30 PM. Mechanics may service the equipment up to two hours after each shift. All other construction activities shall conform to the City's Noise Ordinance, OMC Section 8.24, and shall be further limited to Monday through Saturday, 7:00 am to 8:00 pm. No construction activities shall be permitted on Sundays or federal holidays. MM NOW a All construction equipment, stationary and mobile, shall be equipped with properly operating and maintained muffling devices, intake silencers, and Same Project Design Feature included in Air Quality Section. Findings of Fact Page 56 City of Orange Marywood Residential Development Project engine shrouds no less effective than as originally equipped by the manufacturer. MM NOI -1 b The construction contractor shall properly maintain and tune all construction equipment to minimize noise emissions. MM NOI -1 c The construction contractor shall locate all stationary noise sources (e.g., generators, compressors, staging areas) as far from residential receptor locations as feasible. MM NOI -1d The construction contractor shall post a contact name and telephone number of the owner's authorized representative on -site. MM NOI -1 a The construction contractor shall select quieter tools or construction methods whenever feasible. Examples of this include the use of plasma cutters, which produce less noise than power saws with abrasive blades and ordering precut materials to specifications to avoid on -site cutting. MM NOI -1f The construction contractor shall maximize the use of enclosures as feasible. This includes four -sided or full enclosures with a top for compressors and other stationary machinery. This also includes locating activities, such as metal stud and rebar cutting, within constructed walled structures to minimize noise propagation. Noise would be generated during the construction phase by increased truck traffic associated with transport of materials and equipment on area roadways and from power tools, hammers and other equipment typical of a construction site. Project design features PDF AQ -1 and PDF NOI -1 will be required in order to locate the crushing operation and specific grading equipment away from receptors to minimize potential impacts from noise generated during crushing and from vibration generated during grading. Consistent with standard condition SC NO[-1, the City of Orange exempts construction activities from its noise level limits between the hours of 7:00 AM and 8:00 PM on weekdays, including Saturday, and between 9:00 AM and 8:00 PM on Sundays and holidays. The noise exempt hours are standard for all projects within the City but do not represent this Project's construction schedule. The majority of activity is anticipated to take place between the hours of 7:00 AM and 3:30 PM during an 8 -hour workday. Although the City exempts temporary construction noise from City noise standards, the Project would implement mitigation measures MM NOI -1a through MM NOI -1f in order to minimize potential impacts of temporary construction generated noise on adjacent land -uses. In addition, project design feature PDF NOI -2 has been added to the Final EIR in order to further reduce potential noise impacts from crushing, grading and other construction activities as described above. Implementation of the Standard Condition, Project Design Features and mitigation measures would reduce impacts to below significance. 7. Traffic and Circulation a) Impact (Long- Term): Findings of Fact Page 57 City of Orange Marywood Residential Development Project Threshold TRA -4: Would the project substantially increase hazards due to a design feature (e. g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Description of the Impact (Impact TRA -1) Potentially inadequate site distance for right -out movements and left -out turn movements from the Project's driveway exist based on City Standards. Finding The City makes Finding 1 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect described above and identified in the Final EIR. Facts in Support of the Finding Changes or alterations have been required in, or incorporated into the Project, or are otherwise being implemented that substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Section 6.14 of the EIR. MM TRA -1 Final sight distance shall be reviewed at the Project driveway in conjunction with the preparation of final grading /construction plans as per City of Orange standards. During the final review, any additional sight distance obstructions shall be noted and final design determinations shall be made. Final design considerations include the following: Landscape modifications; Utility box placement; Road -signs at the approaches to the Project access to signify merging traffic; Chevron striping at the Project access; and Restricted parking for a minimum of 40 feet on both sides of the Project driveway. Based on the preliminary review of the site plan, left -turn movements from the proposed driveway would provide a total of 275 feet of intersection sight distance, rather than the required 390 feet. However, this distance is greater than the stopping sight distance standard for a collector road, which is 250 feet. These conditions provide a potentially significant safety risk. In order to reduce impacts, mitigation measure MM TRA -1 would be implemented, which includes landscaping restrictions and chevron striping to improve sight distance as shown in Figures 6.14 -16 and 6.14 -17 of the EIR. With implementation of mitigation measure MM TRA -1, potential impacts would be reduced to less than significant. b) Impact (Long- Term): Threshold TRA -4: Would the project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Description of the Impact (Impact TRA -2) Increased traffic volumes generated by the new residents of the Project could incrementally contribute to an existing safety condition at the intersection of East Villareal Drive and Ridgepark Lane. Findings of Fact Page 58 City of Orange Marywood Residential Development Project Finding: The City makes Finding 1 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect described above and identified in the Final EIR. Facts in Support of the Finding Changes or alterations have been required in, or incorporated into the Project, or are otherwise being implemented that substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Section 6.14 of the EIR. MM TRA -2 Prior to the issuance of the final Certificate of Occupancy for the proposed Project, the Applicant shall install an all -way stop at the intersection of East Villareal Drive and Ridgepark Lane. The all -way stop shall include: Stop signs, stop bars, and stop legend; and Stop -ahead signs with temporary flashing beacons to remain for a period of three months. The findings of the AWS &TCR field review for the intersection of East Villareal Drive and Ridgepark Lane determined that limited sight distance, the presence of a pedestrian crosswalk, and the intersection of two residential neighborhood collector streets provide sufficient justification to warrant a stop sign on Villareal Drive at Ridgepark Lane. Although this is an existing condition and not a result of Project implementation, additional traffic generated by the Project once occupation of the new homes takes place would potentially contribute to this existing safety concern at this intersection. Therefore, mitigation measure MM TRA -2 would provide for an all -way stop sign at this intersection, stop -ahead signs, and temporary beacons to signify that a new stop has been added as shown in Figure 6.14 -18 of the EIR. Implementation of MM TRA -2 would reduce potential impacts to below significance. c) Impact (Long Term): Threshold TRA -4: Would the project substantially increase hazards due to a design feature (e. g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Description of the Impact (Impact TRA -3) Increased traffic volumes generated by the new residents of the Project could incrementally contribute to an existing safety condition on Villareal Drive due to existing vehicle speeds. Finding The City makes Finding 1 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect described above and identified in the Final EIR. Facts in Support of the Finding Changes or alterations have been required in, or incorporated into the Project, or are otherwise being implemented that substantially mitigate or avoid the significant effects on the environment as summarized above and described in detail in Section 6.14 of the EIR. MM TRA -3a Prior to the issuance of the final Certificate of Occupancy for the proposed Project, the Applicant shall install traffic calming measures along East Findings of Fact Page 59 City of Orange Marywood Residential Development Project Villareal Drive in accordance with the recommendations included in the AWS &TCR. MM TRA -3b Within 4 months after implementation of mitigation measures MM TRA -1, MM TRA -2 and MM TRA -3a, the Applicant shall perform a follow -up radar speed survey on East Villareal Drive to evaluate the effectiveness of the traffic calming measures and determine if any additional recommendations should be made to the City. Within 4 months after implementation of mitigation measures MM TRA -1, MM TRA -2 and MM TRA -3a, the Applicant shall perform a follow -up radar speed survey on East Villareal Drive to evaluate the effectiveness of the traffic calming measures and determine if any additional recommendations should be made to the City. Traffic calming measures prescribed in MM TRA -3a include restriping existing faded lines for increased visibility; new striping of white edge -lines to narrow the perception of lane - width to encourage drivers to slow down; new side -road signs at the approaches of the Project access to indicate potential merging traffic ahead, and restriping of the double yellow striped centerline, which includes reflective pavement markers per Caltrans Detail 22, narrowing the driving lanes to allow vehicles to negotiate bend in the road safely. In addition, mitigation measure MM TRA -3b would provide for an additional radar speed survey to be conducted after Project completion and implementation of MM TRA -3a to evaluate the effectiveness of the traffic calming measures and determine if any additional recommendations should be made to the City. With implementation of mitigation measures MM TRA -3a and MM TRA -3b, potential impacts would be reduced to less than significant. E. ENVIRONMENTAL IMPACTS DETERMINED TO BE SIGNIFICANT AND UNAVOIDABLE AFTER MITIGATION 1. Cultural Resources a) Impact (Lon- Term): Threshold CUL -1: Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? Description of the Impact (Impact CUL -3) Demolition of the existing Marywood development would have a significant impact on historic resources under CEQA. Finding The City makes Finding 1 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect described above and identified in the Final EIR. However, the City has determined that while the above - described impact can be partially mitigated by the Project Design Feature and mitigation measure described below, this impact cannot be mitigated to a less than significant level. There are no other feasible mitigation measures or alternatives that would reduce this impact to an acceptable level. Therefore, the City hereby also makes Finding 3 which would require the adoption of a Statement of Overriding Considerations as a condition for Project approval. Findings of Fact Page 60 City of Orange Marywood Residential Development Project Facts in Support of Finding CEQA establishes that, "a project that may cause a substantial adverse change in the significance of a historical resource is a project that may have a significant effect on the environment" (PRC §21084.1), and the California Public Resources Code further defines substantial adverse change as "demolition, destruction, relocation, or alteration such that the significance of a historical resource would be impaired" (PRC 5020.1(q)). Properties assigned a CHR Status Code of 1 -5 are considered "historical resources" under CEQA. Accordingly, the proposed Project, which includes the demolition of the entire existing Marywood structures, would have a substantial adverse effect on this historic resource, and therefore, a significant impact under CEQA. PDF CUL -1 requires a detailed salvage program and MM CUL -3 provides for a detailed recordation program to be implemented if demolition of the site is to occur. PDF CUL -1 The Project shall implement a religious and architectural salvage program of items found on -site. The Diocese of Orange has the first right to disperse of religious and architectural items to local parishes, other Catholic parishes, or religious /charity organizations at its sole discretion. Any items not dispersed by the Diocese of Orange shall be offered to The Sisters of Providence of Saint Mary-of- the -Woods local and national chapters. Remaining items may be given away or disposed of by the Applicant without any restrictions. The Diocese, Sisters of Providence of Saint Mary-of- the - Woods, and the Applicant are encouraged to salvage the following items due to their religious and /or architectural value: Chapel steeple and cross Chapel Dalle de Verre faceted (slab) glass windows Chapel pews with kneelers and alter rail Chapel marble altar offertory table & lettering Chapel Crucifix & Sanctuary Lamp Chapel tabernacle and marble stand Chapel hanging light fixtures over nave Chapel clock (rear wall) Concrete Relief Floral Panels Concrete Screen Walls Concrete Benches Marywood Sign White limestone (chapel) Mosaic tile Plexiglas Water Fountain(s) MM CUL -3 Prior to the issuance of a demolition permit for the proposed Project, a recordation and architectural salvage program shall be implemented as described below: The existing Marywood development shall be documented through a mitigative recordation program that meets the standards of Historic American Building Survey (NABS) standards Level 1. a. The scope of the recordation program shall consist of: Findings of Fact Page 61 City of Orange Marywood Residential Development Project Systematic photographic documentation of the building's architectural and structural character and current condition with large format photography in order to preserve its current appearance in graphic images. ii. Written documentation of history, architectural character and construction history which may be deemed satisfied by the cultural resources survey report. iii. A full set of measured drawings. b. Original copies of the recordation documentation shall be submitted for curation at the following repositories for future reference and public access: i. Library of Congress, HABS Collection. ii. South Central Coastal Information Center (SCCIC) at California State University, Fullerton. iii. City of Orange Community Development Department, Planning Division. iv. City of Orange Public Library, Local History Collection. v. Archives of the Roman Catholic Diocese of Orange. vi. Archives of the Sisters of Providence of Saint Mary-of- the - Woods, Indiana. 2. Implement the salvage of architectural and religious items listed in PDF CUL -1. Although, implementation of PDF CUL -1 and MM CUL -3 would provide for salvage of various materials and recordation of the Project site, impacts would not be reduced to a less than significant level. While these measures prescribed above represent feasible mitigation, the impacts to the existing Marywood buildings remain significant and unavoidable and a Statement of Overriding Considerations would be required to be adopted by the City of Orange. VII. FINDINGS REGARDING IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES Implementation of the proposed Project would require the commitment of building materials such as lumber and other forest products, sand and gravel, photochemical construction materials, steel, copper, lead, and water for construction of the proposed 40 residential home development. Given the level of building materials necessary to sustain on -going regional development, the commitment of such materials to the proposed Project is insignificant by comparison. There would be an irretrievable commitment of energy resources such as gasoline and diesel fuel for the operation of construction equipment. Because these types of resources are available in sufficient quantities in this region and the proposed Project encompasses a very limited scope, these impacts would be temporary and are not considered significant. In addition, up to 90 percent of the demolished material would be reused on site, resulting in a significant reduction in fuel consumption that would otherwise be required for hauling large volumes of import material from offsite locations to the site and required for hauling large volumes of export material to an offsite recycling facility or landfill. In addition, consistent with Project Design Feature PDF GHG -1 described below and in Section 6.6.5 of the Draft EIR, multiple green building strategies would be implemented in order to reduce the amount resources committed. Findings of Fact Page 62 City of Orange Marywood Residential Development Project PDF GHG -1 The Project would incorporate the following green building design features to further reduce GHG emissions during project construction and operations. Recycle Job Site Construction & Demolition Waste Salvage Reusable Building Materials Design Resource - Efficient Landscapes and Gardens Install High- Efficiency Irrigation Systems Provide for On -Site Water Catchment /Retention Use Wood /- Joints for Floors and Ceilings Use OSB Subfloors and Sheathing Use Treated Wood that does not contain Chromium /Arsenic Install House Wrap Under Siding Use Fiber - Cement Siding Materials Insulate Hot Water Pipes Install Faucets and Showerheads with Flow Reducers Install /C -A T Recessed Fixtures with CFLs Install Lighting Controls Install Energy Star Dishwasher Install Energy- Efficient Windows Double- Paned; Low Emissivity (Low E) and Low Vent Range Hood to the Outside Install Sealed Combustion Units on Furnaces and Water Heaters Install 13 SEER /11 EER or Higher AC Install AC with Non -HCFC Refrigerants Select Safe and Durable Roofing Materials Install Radiant Barrier Use Low VOC, Water -Based Wood Finishes Use Low /No VOC Adhesives Use Engineered Sheet Goods with no added Urea Formaldehyde Use Finger- Jointed or Recycled- Content Trim Install Recycled Content Carpet with low VOCs (standard carpet only) Based on, (1) the relatively small -scale of the residential Project, (2) the Project's obligation to meet current energy efficiency standards and requirements, and (3) considering the Project would replace existing energy inefficient facilities of the Marywood Pastoral Center; the change in energy consumption resulting from Project implementation would be considered less than significant. In addition, the proposed Project would not significantly alter the consumption of and /or demand for non - renewable resources over that anticipated by the City of Orange General Plan. Although Project implementation would result in an increased demand for some non- renewable resources, the demands are consistent with the long -range plans for the City of Findings of Fact Page 63 City of Orange Marywood Residential Development Project Orange. Demand and consumption of non - renewable resources would be within the limits anticipated for residential development in the long -term. The proposed development of the Project site would not result in any adverse impacts related to the commitment of resources in the immediate or distant future. Findings of Fact Page 64 City of Orange Marywood Residential Development Project VIII. FINDINGS REGARDING GROWTH INDUCING IMPACTS The following four criteria were considered with regard to the Project's potential growth - inducing impacts: Would the proposed Project result in the removal of an impediment to growth such as the establishment of an essential public service or the provision of new access to an area? Would the proposed Project result in economic expansion or growth such as changes in the revenue base or employment expansion? Would the proposed Project result in the establishment of a precedent setting action such as an innovation, a radical change in zoning or a General Plan amendment approval? Would the proposed Project result in development or encroachment in an isolated or adjacent area of open space, as opposed to an infill type of project in an area that is already largely developed? The analysis of growth- inducing impacts concludes that based on the four criteria analyzed in the EIR, the proposed Project would not result in any potentially significant growth - inducing impacts. Implementation of the proposed Project would result in the development of the Project site in accordance with the City of Orange General Plan and Zoning Ordinance, thus meeting the long -range plans adopted by the City of Orange. Further, the proposed uses (i.e., single - family residential) are not characterized by features that attract or facilitate new, unanticipated development that would ordinarily be considered growth - inducing. Conventionally, growth inducement is measured by the potential of a project or a project's secondary effects (i.e. provision of new infrastructure which supports housing or creation of jobs) to facilitate development of housing. Further, all of the infrastructure that exists in the Project area can provide an adequate level of service, including sewer and water; storm drainage improvements would be made as part of the Project. Circulation or other infrastructure improvements are not required as a result of project implementation. Project implementation would not result in any significant direct or indirect additional residential development that would generate unanticipated new residents or employment that would be an "attractor" of residents to the area that are not already anticipated. The site is not located in an isolated area that is constrained by the absence of infrastructure where the provision of infrastructure would promote further development. None of the accepted standards that distinguish growth- inducing projects characterize the proposed Project; therefore, no significant growth- inducing impacts are anticipated as a result of project implementation. Findings of Fact Page 65 City of Orange Marywood Residential Development Project IX. FINDINGS REGARDING CUMULATIVE IMPACTS Cumulative impacts analysis requires consideration of the impacts of other projects in an area, in conjunction with the proposed Project, to assess the potential for significant cumulative impacts. For this Draft EIR, the potential environmental effects of the proposed Project were considered in conjunction with the potential environmental effects of buildout anticipated for the project area. Two projects were identified by the City of Orange as proposed (i.e., under review) within a 1.5 -mile radius of the proposed Project. These projects, summarized in Table 10 -1 of the Draft EIR, were evaluated in the traffic, air, and noise analyses conducted for the proposed Project and are also considered in the assessment of cumulative impacts presented in this section. The two projects considered were: a 2,868 square feet fast -food restaurant with drive through located at 1325 North Tustin Street, and a 982 square feet automated carwash located at 2844 North Santiago Boulevard. The fast -food restaurant would replace an existing restaurant at this location. The car wash location is also an existing commercial site. Aesthetics Neither the Project site nor the areas along Tustin Avenue and Santiago Boulevard where the two cumulative projects are located are designated as a view corridor and /or possess important visual and aesthetic features. Due to the nature of the cumulative projects as redevelopment of existing developed sites, the aesthetics are expected to be comparable to existing conditions after implementation of these projects. Therefore, because the proposed Project does not result in significant impacts to views or aesthetics, and because the cumulative projects would also not be expected to result in significant impacts to views or aesthetics, no significant cumulative impacts are anticipated. Air Quality The analysis in Section 6.2 of the Draft EIR concludes construction of the proposed Project would not 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. Within the SCAB, the construction impacts of the two cumulative projects would be cumulatively significant if their combined construction emissions would exceed the SCAQMD daily emission thresholds. However, construction /remediation of the proposed Project would not exceed SCAQMD thresholds for regional emissions and localized impacts of criteria pollutants once mitigation has been applied. As such, the proposed Project would not be considered cumulatively considerable under SCAQMD's policy as it does not exceed project- specific air quality significance thresholds. In addition, the majority of construction would occur within a six —month period. Therefore, any construction impacts would be short in duration and unlikely to overlap substantially with other projects in the vicinity. Therefore, because the proposed Project would not exceed SCAQMD significance thresholds once mitigation has been applied and would have a short construction time - frame, construction impacts are not considered to have significant adverse short-term cumulative air quality impacts. Long -term occupation of the proposed Project would neither produce emissions that exceed any South Coast Air Quality Management District (SCAQMD) significance thresholds nor result in offsite ambient air pollutant concentrations that exceed any SCAQMD significance thresholds. In addition, pollutant emissions would be below Localized Significance Thresholds due to the relatively small amount of emissions generated by the new residents Findings of Fact Page 66 City of Orange Marywood Residential Development Project vehicles and the Project would not generate a Carbon Dioxide (CO) hotspot because, (1) Project traffic would not result in a 2 percent volume to capacity ratio increase at any intersection operating at a level of service (LOS) D or worse, and (2) the Project would not cause an intersection to drop from LOS C to LOS D. Further, long -term occupation of the proposed 40 homes would not result in activities that generate emissions in excess of SCAQMD thresholds for regional emissions and localized impacts of criteria pollutants as shown in' Tables 6.2 -11 and 6.2 -12 of the Draft EIR. Therefore, the Project's incremental effect on long -term (operational) air quality would not be considered cumulatively considerable, and no significant long -term cumulative air quality impact would occur. Biological Resources The proposed Project results in less than significant impacts to biological resources. Based on the fact that the cumulative projects constitute redevelopment of existing commercial uses and no natural habitat remains on these sites, the cumulative projects would not cause significant impacts to biological resources. Therefore, because the proposed Project does not result in significant impacts to biological resources, and because the cumulative projects also would not result in significant impacts to biological resources, no significant cumulative impacts to biological resources were identified. Cultural Resources The Project would result in significant adverse impacts to cultural (historic) resources with the demolition of the existing structures that comprise the Marywood Pastoral Center. However, this project- specific impact would only contribute to a cumulative impact if the other two cumulative projects impact significant cultural resources. Based on the redevelopment nature of the cumulative projects, it is unlikely that any significant cultural or historical resources remain at those locations. Therefore, because the cumulative projects are unlikely to result in impacts to cultural or historical resources, the proposed Project would not contribute to a significant cumulative impact. Geology and Soils The proposed Project results in less than significant impacts to soils and geology. Based on the fact that the cumulative projects are redevelopment projects and disturbance has already occurred, the redevelopment projects are not likely to result in significant impacts to soils and geology. Therefore, because the Project does not result in significant impacts to soils and geology, and because the cumulative projects are unlikely to result in significant impacts to soils and geology the proposed Project would not result in cumulative impacts to these resources. GHG /Climate Change A detailed greenhouse gas (GHG) analysis was prepared to evaluate the potential GHG impacts of the proposed Project. Table 4.6 -2 in Section 4.6 of the EIR summarizes the unmitigated annual GHG emissions associated with construction and operation of the proposed Project. Construction GHG emissions were amortized over 30 years and added to annual operational emissions. No credit or reduction in projected emissions was given to the Project for compliance with SC GHG -1 or implementation of PDF GHG -1. As indicated in the table, the proposed Project would result in only 795 MTCO2e /year, which is substantially less than the recommended threshold of 3,000 MTCO2e. Because the two cumulative projects are small infill /redevelopment projects that constitute reuse of prior developed sites with similar businesses, it is anticipated that any potential increase in GHG emissions, when combined with those from the proposed Project, would also not exceed the recognized Findings of Fact Page 67 City of Orange Marywood Residential Development Project threshold. Therefore, the Project's incremental effect would not be considered cumulative considerable, and potential cumulative GHG emissions impacts would be less than significant. Hazards /Hazardous Materials The proposed Project does not result in significant impacts related to hazards or hazardous materials. During the construction phase of the Project, the proposed Project would remediate unstable soils, thus removing a potential hazard. In addition, adherence to health and safety laws and regulations for worker safety relative to lead -based paint and asbestos - containing materials would also result in less than significant impacts relative to hazardous materials. No long -term significant impacts were identified as the Project is a residential project that does not include uses that would create or result in a significant hazard to the public. While the two cumulative projects are commercial uses that may use chemicals or other regulated materials, neither of the cumulative project is anticipated to create a significant impact with respect to the use or release of hazardous materials. Since the proposed Project results in less than significant impacts and both cumulative projects would be required to mitigate for any hazardous condition through compliance with applicable regulatory requirements, the proposed Project contribution is not considered cumulatively considerable and no significant cumulative impact associated with hazards or hazardous materials has been identified. Hydrology and Water Quality With implementation of the WQMP and the proposed storm drainage system, the proposed Project would result in less than significant impacts to hydrology, flooding, and water quality. The cumulative projects would be required to implement appropriate on- and off -site improvements to ensure these projects do not result in water quality or flooding impacts. The cumulative projects are the redevelopment of existing commercial sites, and impacts to hydrology and water quality are expected to be less than significant because these projects would be required to comply with current MS4 permit conditions. Therefore, because the Project does not result in significant impacts to hydrology, and because the cumulative projects are not expected to substantially change current runoff and water quality conditions, and will themselves be required to comply with current MS4 permit requirements, no cumulative impacts to hydrology or water quality are anticipated. Land Use and Planninq The planned cumulative projects do not constitute additional residential development opportunities in the City of Orange. Neither the cumulative projects nor the proposed Project require a change to the General Plan or zoning ordinance. The cumulative projects and the proposed Project are compatible with surrounding land uses and are consist with the City of Orange's adopted long range plans, policies and programs. In addition, the cumulative projects are subject to both environmental and discretionary review by the City of Orange, and, as part of that review, each cumulative project would also be required to demonstrate consistency with all applicable plans and programs adopted within the individual jurisdiction. Therefore, the proposed Project would not result in a cumulatively considerable land use impact. Noise The noise analysis prepared for the project concluded that construction noise levels would exceed the existing background noise levels at the neighboring noise - sensitive receivers; however, construction activities would occur only during the hours prescribed in the City's Findings of Fact Page 68 City of Orange Marywood Residential Development Project Noise Ordinance and for a limited duration. These construction activities are exempt from the City's noise ordinance and therefore are not significant. Long -term noise effects of the proposed Project on nearby noise - sensitive uses would be limited to vehicular traffic on the local roadways generated by the proposed Project. The noise analysis found that the Project traffic would not cause an increase in the ambient noise levels that would result in adverse effects on any nearby noise - sensitive uses. The cumulative projects are located at least one mile from the Project site. Thus, construction and operational noise generated from these projects are too distant to contribute to cumulative noise impacts with the proposed Project. Therefore, construction and operational noise levels from these projects would not be audible noise at the Project site and would not overlap with noise generated by the proposed Project. As such, cumulative noise impacts related to construction and long -term project operations would be less than significant. Population and Housing Neither implementation of the proposed Project nor the redevelopment of the two commercial projects would cause the loss of homes or the displacement of residents. The existing high school is closed and no students or staff reside at the dormitories. Project development, in combination with other infill projects within the Project vicinity would result in a cumulative increase in population and would help meet the City's regional housing needs. Therefore, because the Project does not result in significant impacts to population and housing, and because the cumulative projects would not either displace existing housing or create a substantial demand for new housing, the proposed Project would not contribute to a cumulative impact to these resources. Public Services The incremental increases in demand on public services generated by the proposed 40 residential dwelling units would be less than significant with the implementation of Standard Conditions SC PS -1 through SC PS -7 and no mitigation is required. The cumulative projects are commercial not residential developments, and would have no direct effect on schools or City - provided public services such as libraries. The demand for police and fire protection by the cumulative projects is consistent with the long -term planning of the City of Orange relative to protection services. Because the proposed Project would not have a significant impact on existing public services and the site currently supports existing development, and because the cumulative projects would also be consistent with the City's plans, the incremental demands of the proposed Project would not result in cumulative impacts to public services. Recreation Although construction of new residential projects increases demand on existing recreational services and the need for new recreational services, the incremental demand on services added by small developments, such as the proposed Project, alone are less than significant. However, multiple developments occurring within the City can lead to a cumulatively significant impact on recreation when considered collectively over time. Compliance with Chapter 16.60, Park Dedication and Fees of the City Municipal Code for park land dedication and /or payment of in -lieu fees ensures the Project's cumulative impact is less than significant. Therefore, because the Project does not result in significant impacts to recreational facilities, and because the cumulative projects are commercial projects that do Findings of Fact Page 69 City of Orange Marywood Residential Development Project not contribute to increased demand on recreational facilities, the proposed Project would not contribute to a cumulative impact to these resources. Traffic and Circulation Project implementation will generate approximately 381 trip -ends per day, including 31 trips during the AM peak hour and 40 trips during the PM peak hour. Based on the analysis conducted for the proposed Project, all of the roadway segments are currently operating at acceptable levels of service and are forecast to continue to operate at acceptable levels of service in the existing plus Project condition. The cumulative traffic includes traffic from the two cumulative projects plus an annual increase in background traffic. The cumulative analysis determined that all roadways would continue to operate at acceptable levels of service as shown in Table 10 -2 of the EIR. As a result, project implementation would not result in any significant cumulative impacts to the operational characteristics of any of the roadway segments. It is important to note, information taken from the Traffic Impact Study was incorrectly transferred and presented in Table 10 -2 of the Draft EIR, which gives the false appearance of a much higher trip -end generation estimate than would actually occur as the result of 40 additional homes. Therefore, Table 10 -2 has been revised in the Final EIR to clarify and represent an accurate assessment of the Project's potential long -term traffic impacts on roadways. It is also important to note that the Traffic Impact Study and analysis provided within the text of the Draft EIR were accurately presented. As shown in the revised table, total trip -ends on East Villareal Drive in the year 2017 (Project Buildout) would be approximately 2,600; including Project traffic, cumulative project traffic and accounting for 3 percent growth in the area. The approximate 2,600 trip -end estimate is well below the 10,800 capacity of East Villareal Drive. Thus, the revised table reconfirms the conclusions and determinations made in the Draft EIR, that long -term traffic impacts to roadways would be less than significant and that no mitigation is required. The revised table is shown below. Findings of Fact Page 70 Project Project Buildout Roadway Existing Without Buildout With Capacity Significant? Project Traffic Project Traffic Year 2017) z 3 Year 2017)1.2 East Villareal Drive 2,200 2,300 2,600 10,800 No Santiago Boulevard 18,700 19,300 19,400 21,600 No 21,600/ Meats Avenue 14,600 15,100 15,200 33,750 No Lincoln Avenue 28,000 28,900 29,000 50,700 No Nohl Ranch Canyon 9,200 9,600 9,600 21,600 No Road Note: Assumes a background traffic growth rate of 1% per year for a period of three (3) years as approved by the City. z Highest ADTs used for each roadway segment scenario taken from Exhibit L in the TIS. Includes cumulative projects. 3 Highest ADTs used for each roadway segment scenario taken from Exhibit M in the TIS. Includes cumulative projects. 4 Capacity is based on LOS D, which is the City's lowest acceptable level of service. Source: TIS (RK Engineering, 2014); Correspondence with City of orange; Orange General Plan Findings of Fact Page 70 City of Orange Marywood Residential Development Project Utilities The proposed Project does not result in significant impacts to utilities and the existing and proposed sewer and water facilities are adequate to accommodate the proposed Project. No unavoidable significant impacts would occur as a result of project implementation. Due to the redevelopment nature of the cumulative projects, it is expected that the necessary utilities are present on site and no additional services are required to be constructed to meet the demand of the cumulative projects. Therefore, because the proposed Project does not result in significant impacts to utilities, and because the cumulative projects are unlikely to result in significant impacts to utilities the proposed Project would not result in cumulative impacts to these resources. X. FINDINGS REGARDING ALTERNATIVES TO THE PROPOSED PROJECT CEQA requires that an EIR describe a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain most of the basic objectives of the project and to evaluate the comparative merits of the alternatives. Section 15126(d)(1) of the State CEQA Guidelines states that the ". . . discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly." The proposed Project has been compared to two alternative development scenarios, including the No Project -- Development Under Existing CUP (600- Student High School) and the Reduced Development Alternative. Three other alternatives were evaluated and eliminated from detailed consideration for reasons as described in this section below, including the No Project — No Development Alternative, Off -Site Alternative, and the No On- site Crushing Operations Alternative. The analysis contained within the EIR concludes that the proposed Project would result in long -term project- specific significant unavoidable adverse impacts to cultural resources that cannot be mitigated to a less than significant level. The following discussion summarizes the potential environmental consequences and highlights the comparative merits associated with each alternative identified as "potentially feasible" and analyzed in the EIR as well as the "No Project" alternative. A. ALTERNATIVES ELIMINATED FROM DETAILED CONSIDERATION 1. No Project — No Development Alternative The No Project— No Development Alternative evaluates what would be reasonably expected to occur on the Project site in the foreseeable future, if no development were to occur. The environmental conditions existing at the time the Notice of Preparation (NOP) was published would be assumed to continue, that is, the Project site would remain in its current condition: unoccupied and unused existing structures. The level of care required to ensure the site does not pose a public safety or health risk is less stringent compared to that required for an actively occupied site. If left unoccupied the reduced site security may not be able to completely control potential homeless occupation or vandalism. In addition, the buildings and infrastructure would likely continue to deteriorate, ultimately requiring the buildings to be demolished or substantially modified. Thus, this alternative would also result in a significant impact to cultural resources. Findings of Fact Page 71 City of Orange Marywood Residential Development Project The No Project — No Development Alternative was deemed to be infeasible because it is unreasonable to expect that, if the proposed Project were denied, the Project site would remain vacant in the future. The Project site is designated in the City's General Plan and Zoning Code for residential use. Additionally, a conditional use permit was approved for the site that allows educational and retreat uses. Given the wide range of uses permitted on the Project site, it is unreasonable to expect a valuable piece of property would remain vacant. This conclusion is further supported by the interest expressed and offers made by several private high schools and other developers during the recent competition to acquire the Project site. Furthermore, the No Development Alternative would not likely eliminate or reduce the significant cultural impact associated with the proposed Project because of the likelihood that vacant structures with limited to no maintenance would deteriorate and likely require substantial renovations or complete demolition. Therefore, the No Project — No Development Alternative would not be feasible and has been rejected from further analysis and consideration as an alternative to the proposed Project. 2. Off -Site Alternative The criteria used to find an off -site location for the proposed Project included: (1) the property is located in the City of Orange; (2) the property has a General Plan designation of Low Density Residential (LDR) and is zoned Single - Family Residential (R -1 -6); (3) the property is developable; and (4) the property is of similar size. Only one potential off -site location was identified in the City that is zoned R -1 -6; however it is not a developable parcel because its current use as an easement for Southern California Edison overhead power lines is incompatible with residential development (APNs 361- 271 -26, 361- 531 -18, 361 -153- 16, and 361- 761 -01). No other sites were found that meet the criteria of a feasible alternative location for the proposed Project. Therefore, development of the proposed Project at an Off -Site Alternative location would not be feasible and was rejected from further consideration as a feasible alternative. 3. No On -site Crushing Operations Alternative The proposed Project includes on -site crushing of the concrete and asphalt generated by the demolition of the existing structures. Since on -site crushing operations require approval of a conditional use permit by the City, this alternative is analyzed to discuss the potential impacts of no on -site crushing should the City not approve that discretionary action. This alternative is provided to disclose the potential noise, air, and traffic impacts generated by the No On -site Crushing Operations Alternative. While the crushing operations proposed as part of the Project do not result in significant impacts, the no crushing alternative would eliminate the air emissions and noise generated by crushing of specified demolition materials. Instead, the demolished debris would be trucked to the nearest landfill facility that is permitted to handle the volume and type of materials. Trucking would occur over 10 days, 8 hours per day, and the material would be trucked approximately 9 miles and placed in the Olinda Alpha Sanitary landfill in Brea. Approximately 950 truck trips would be required to dispose of the material, which would result in an average of approximately 6 inbound empty trips and 6 outbound loaded trips per hour, 8 hours per day for approximately 10 days. Therefore, even though the No On -site Findings of Fact Page 72 City of Orange Marywood Residential Development Project Crushing Alternative would eliminate air and noise emissions from the crushing operation, this Alternative would potentially cause air quality, noise, and traffic impacts to the surrounding residential community from equipment and trucking operations. Air emissions would be associated with the diesel haul trucks arriving and departing the Project site. The 950 truck trips would generate potential noise impacts along the city streets that could impact a greater number of residents than if the material were crushed and reused on site. In addition to the additional noise and air impacts from the trucks hauling material off -site, approximately 400 additional truck trips would also be required to bring in fill material that would replace the crushed material that would otherwise be reused on site (approximate equivalent of 3,000 cubic yards of material). These truck trips would generate additional air quality and noise impacts when compared to the proposed Project. The No On -Site Crushing Alternative would generate substantially more construction traffic than the proposal to crush material on -site. If demolition waste is not crushed on site, approximately 8,550 tons (90 percent) of waste would require hauling offsite to a recycling center or landfill. The transport of 8,550 tons of material would require approximately 950 additional truck trips (475 empty inbound trips and 475 loaded outbound trips), based on an 18 -ton per truck capacity carrying larger pieces of uncrushed material. Since the proposed Project plans to re -use the crushed concrete and asphalt as fill material, an equivalent amount of material would need to be replaced with the import of new fill material. The crushing of 8,550 tons generates approximately 3,000 cubic yards of fill. At 15 cubic yards per load, the No Crushing Alternative would generate an additional 400 truck trips (200 loaded inbound and 200 empty outbound) for import of that replacement material. Therefore, the No Onsite Crushing Alternative would generate approximately 1,350 (950 plus 400) additional truck trips, which would result in an increase in local and regional traffic impacts in addition to the noise and air quality impacts previously discussed. Note, the Draft EIR indicated that the No- Onsite Crushing Alternative would result in an additional 1,805 round -trip truck trips for hauling demolition material offsite and for hauling replacement material onsite. This estimate has been corrected as stated above in the Findings and in the Final EIR to show the No On -Site Crushing Alternative would result in an additional 1,350 truck trips to cover these activities. This information does not affect the Draft EIR's conclusions that the No- Onsite Crushing Alternative would result in additional truck trips and associated impacts compared to the Project as proposed. B. ALTERNATIVES CARRIED FORWARD FOR DETAILED ANALYSIS IN THE EIR 1. No Project— Development Under Existing CUP Alternative (600- Student High School) Overview The No Project Alternative — Development under Existing CUP would provide for the implementation of a development plan that would be consistent with CUP No. 142 approved by the City of Orange in 1962. In 1962, the City of Orange approved Conditional Use Permit No. 142 to allow for a Catholic parochial girls high school. In 1979, the City of Orange approved Conditional Use Permit No. 947 to allow the conversion of the girls' high school to a retreat/conference /educational facility for the Diocese of Orange. In a letter dated October 10, 2012, the City stated that CUP No. 947 "offers more flexibility for potential uses on the Project site. For example, it is likely that the high school use previously permitted under original CUP No. 142 would be considered an educational facility permitted under CUP No. 947." The prior conditional use permits appear to permit either a Findings of Fact Page 73 City of Orange Marywood Residential Development Project retreat/conference facility, similar to the pastoral center operated by the Diocese of Orange, or a private high school. Since the Diocese received interest from multiple parties to operate a private high school on the site and since a private high school is a more intensive use than a retreat /conference facility, this alternative assumes that re -use of the Project site under the previous CUP would occur as a 600 student private high school. Depending on many factors which cannot be known today, re -use of the site as a private high school may entail either re -use of the existing buildings in their entirety along with additional structural support, or demolition of all the buildings and reconstruction of a new facility. This No Project Alternative assumes the buildings would not be demolished to distinguish this alternative from the proposed Project. That is, if the buildings are demolished, then the same significant impact to cultural resources would occur as under the proposed Project. Therefore, this Draft EIR analyzes the No Project Alternative as if the buildings would remain in place. The potential environmental effects of a high school pursuant to the No Project Alternative are summarized below. Summary of Malor Environmental Effects Under the No Project (High - School) Alternative, potential impacts to Aesthetics, Biological Resources, Cultural Resources, Population and Housing, and Public Facilities /Services would be negligible to non - existent as the site would not be developed and remain relatively the same. Impacts to Land Use would also be less than significant as the site would continue to operate under an existing Conditional Use Permit. Potential impacts to Air Quality, Greenhouse Gas, Traffic, and Utilities (including water supply) would increase beyond existing conditions with the increased intensity of operations required to operate the high school. Existing soil settlement issues; damage to buildings due to settlement and age; presence of Asbestos - Containing Materials and Lead - Based Paints; and lack of existing water quality treatment and retention facilities would continue to be an issue for the existing Project site with regard to Geology and Soils, Hazards and Hazardous Materials, and Hydrology and Water Quality. Ability to Achieve Project Objectives Implementation of the No Project Alternative would not meet the Project objectives articulated in Section 3.0 of the EIR, including providing additional residential development that is compatible with the nearby development, stabilizing the hillside, protection of public and private infrastructure, providing a fiscally successful development, and providing on and offsite storm water facilities. Elimination /Reduction of Siqnificant Impacts The No Project Alternative (600- student high school) would eliminate the significant impact to cultural resources. However, the existing buildings are settling and cracking, and are in need of repair. It is likely that use as a high school would require either replacement or abandonment of some buildings or significant seismic repairs. While architectural aspects may be retained as part of the repairs, the buildings would likely be modified. However, based on the fact that the historic buildings would remain even if modified, this No Project Alternative has the potential to eliminate significant impacts to cultural resources as compared to the proposed Project. Comparative Merits This alternative would not achieve any of the Project objectives, although it would eliminate significant impacts to cultural resources. This alternative would have greater environmental impacts in the areas of air quality, traffic, greenhouse gas, and utilities, and would not address existing hazards (i.e., hillside stabilization) which are remedied through Project implementation. Findings of Fact Page 74 City of Orange Marywood Residential Development Project Finding Although this alternative would not result in new development on the Project site, and consequently no immediate impacts to significant cultural resources would occur, over time it is likely that some modification of the structures would be required to address the identified need for seismic repairs, particularly if the site is used for a school. The significant adverse impact to cultural resources may be deferred, but not necessarily avoided through implementation of this alternative. Additionally, potential impacts to Air Quality, Greenhouse Gas, Traffic, and Utilities (including water supply) would be greater than the Project's impact on these environmental issues. Existing soil settlement issues; damage to buildings due to settlement and age; presence of Asbestos - Containing Materials and Lead -Based Paints; and lack of existing water quality treatment and retention facilities would continue to be an issue for the existing Project site and not addressed under this alternative. This alternative would also not achieve any of the Project objectives. The public benefit of remediating the existing unsuitable fill material and resolving existing settlement and soil stability issues that pose a potential hazard to the adjacent properties, including those to the west and southwest that maintain City Water Tanks and residential homes, would not be realized. For these reasons, the City rejects this alternative in favor of the proposed Project. 2. Reduced Development Alternative Overview The Reduced Density Alternative would result in the construction of a 13 or 14- unit housing development on approximately 5.77 acres (or 38 percent of the area of the proposed Project) with the same attributes as the proposed Project (same architectural style; similar lot sizes at 6,300 square feet; etc.). This alternative assumes that the existing structures, with the possible exception of the chapel, would be removed from the Project site and this area would revert to open space. However the unsuitable fill that has led to settlement of the slope and damage to the existing structures would not be remediated. On- site crushing would not occur because this alternative does not need the fill material associated with on -site crushing. Allowing for setbacks and geotechnical considerations, this alternative results in reduced developable land. This alternative would not achieve the basic Project objectives; however, it remains under consideration to avoid the air quality, noise, traffic, and possibly cultural impacts associated with remediation of the unsuitable fill material. The draft Reduced Density Alternative is shown on Figure 11 -2 of the El R. Summary of Maior Environmental Effects Under the Reduced Development Alternative, potential impacts to Aesthetics, Biological Resources, Cultural Resources, and Public Facilities /Services would result from the demolition of existing structures and construction of up to 14 new homes. Impacts to Population and Housing and Land Use would be less than significant as the reduced development would be consistent with existing land use designations and zoning. Potential impacts to Air Quality, Greenhouse Gas, Traffic, and Utilities (including water supply) would be comparable to existing conditions and less intense compared with the potential No Project (high school) Alternative. Existing soil settlement issues, over steepened slopes and potential for inadequate water quality treatment and retention facilities would remain with regard to Geology and Soils, and Hydrology and Water Quality. The presence of Asbestos - Containing Materials and Lead - Based Paints would require proper disposal prior to demolition of existing buildings onsite. Ability to Achieve Project Objectives: Implementation of the Reduced Density Alternative would not meet all Project objectives articulated in Section 3.0, including stabilizing the Findings of Fact Page 75 City of Orange Marywood Residential Development Project hillside, protection of public and private infrastructure, providing a fiscally successful development, and providing on and offsite storm water facilities. Elimination /Reduction of Significant Impacts: The Reduced Density Alternative would not eliminate a significant impact to cultural resources, as under this alternative the historic structures — with the possible exception of the chapel - would be demolished. Retention of the chapel would minimize significant impacts to historic resources but would still result in similar significant impacts as compared to the proposed Project. Comparative Merits This alternative would have similar relative merits as the proposed Project. It would partially achieve the Project objective to achieve quality housing opportunities consistent with the City of Orange General Plan and zoning code, however it does not meet the other Project objectives, such as remediating unstable soils, property boundary adjustment to define maintenance responsibilities, and improvement of storm water management facilities. Finding: The potential impacts identified for this alternative results in either similar or incrementally less environmental effects due to the reduction in the intensity of the development. This Reduced Development alternative is identified as the "environmentally superior' alternative when compared to the proposed Project due to the reduction in potential impacts. However, this alternative would still result in significant impacts to cultural resources at the Project site. In addition, this alternative would not satisfy all Project objectives including stabilizing the hillside, protection of public and private infrastructure, providing a fiscally successful development, and providing on and offsite storm water facilities. Because this alternative would not meet all of the Project objectives, would minimize but still result in significant impacts to the cultural resources, and would not achieve the benefits of stabilizing the hillside which would protect public and private infrastructure, and providing improved water quality features, the City Council rejects this alternative in favor of the proposed Project. Findings of Fact Nage ie ATTACHMENT B TO THE CITY COUNCIL RESOLUTION OF APPROVAL ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT STATEMENT OF OVERRIDING CONSIDERATIONS Marywood Residential Development Project City of Orange Marywood Residential Development Project This page intentionally left blank. Statement of Overriding Considerations Page ii City of Orange Marywood Residential Development Project Table of Contents I. Introduction ....................................................................................... .............................. II. Significant Unavoidable Adverse Environmental Impacts ................. ............................... 2 III. Overriding Considerations ................................................................. .............................. Statement of Overriding Considerations Page iii City of Orange Marywood Residential Development Project This page intentionally left blank. Statement of Overriding Considerations Page iv STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE MARYWOOD RESIDENTIAL DEVELOPMENT PROJECT ORANGE, CA I. Introduction The City of Orange is the Lead Agency under the California Environmental Quality Act (CEQA) for preparation, review and certification of the revised final Environmental Impact Report (EIR) for the Marywood Residential Development Project ( "Project'). As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed project. If the lead agency determines that the Project will result in significant, unmitigable impacts, CEQA Guidelines Section 15093 requires the following: a) CEQA requires the decision - making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and /or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project Statement of Overriding Considerations Page 1 City of Orange Marywood Residential Development Project outweigh the significant effects of the project. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed Project against the following unavoidable adverse impacts associated with the proposed Project and has adopted all feasible mitigation measures with respect to these impacts. The City also has examined alternatives to the proposed Project, none of which both meet the Project objectives and is environmentally preferable to the proposed Project for the reasons discussed in the Findings of Fact. The Orange City Council, acting as Lead Agency, and having reviewed the Final EIR for the Marywood Residential Development Project, and reviewed all written materials within the City's public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the Project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the Project. II. Significant Unavoidable Adverse Environmental Impacts Although most potential Project impacts have been substantially avoided or mitigated, as described in the Findings of Fact, there remains one project impact for which complete mitigation is not feasible. The City finds that Impact CUL -3, "Demolition of the existing Marywood development would have a significant impact on cultural and historic resources under CEQA," cannot be reduced to a level of less than significant. Although the Project would implement a project design feature, PDF CUL -1, which consists of the implementation of a religious and architectural salvage program of items found onsite, and the EIR identified a mitigation measure, MM CUL -3, which requires that a recordation and architectural salvage program be implemented prior to the issuance of a demolition permit, the EIR concluded that this impact could not be reduced to a level of less than significant. In addition, no feasible alternatives were identified that would avoid or minimize this impact to a less than significant level. III. Overriding Considerations The City, after balancing the specific economic, legal, social, technological, and other benefits of the proposed Marywood Residential Development Project, has determined that the unavoidable adverse environmental impact identified above may be considered acceptable due to the following specific considerations that outweigh the unavoidable, adverse environmental impact of the proposed Project, each of which standing alone is sufficient to support approval of the Project, in accordance with CEQA Section 21081(b) and CEQA Guideline Section 15093. 1. The Project provides up to 40 single - family housing units in the City of Orange which would assist the City in meeting its fair -share housing allocation imposed by the Southern California Association of Governments. Project implementation also Statement of Overriding Considerations Page 2 City of Orange Marywood Residential Development Project furthers the goals and policies of the City's General Plan Land Use Element for this site. 2. Project implementation would eliminate a potential risk to the public and to public infrastructure through the remediation of continued soil settlement and potential slope failure associated with the presence of unsuitable fill material that currently underlies the Project site. Unsuitable fill material to a depth of approximately 70 feet, along with oversteepened slopes and insufficient drainage structures located on the west and southwest slopes separating the Project site from City -owned property has the potential to impact two existing City water tanks and nearby residential property. Geologic data show continued movement of the unsuitable fill material downslope toward the City's water tanks. The geologic data indicated that settlement of the unsuitable fill has not stopped or slowed since the original grading of the Project site. Left unremediated, the unsuitable fill material could continue to move, or the slope could fail, resulting in substantial damage to the City's water tanks and potentially surrounding residential property. 3. Project implementation would generate revenue to the City of Orange as a result of property taxes and related fees from the proposed residential development. The revenue could be used by the City to provide public services and facilities, including fire and police protection and other amenities and services available to the residents of the City. 4. Project implementation would result in new traffic calming improvements designed to reduce existing vehicle speeds on East Villareal Drive, and installation of a new all -way stop that would address existing safety issues at the intersection of East Villareal Drive and Ridgepark Lane, due to limited site distance, presence of a cross -walk, and the intersection of two residential collector streets with East Villareal Drive. 5. Project implementation would eliminate an existing deficiency in the City's storm drain system and add water quality treatment, which does not exist currently. The City's storm drain in East Villareal Drive currently operates at over capacity during larger storm events. Implementation of the Project would provide a storm water detention basin that would hold storm water on site and release it over a longer period of time, improving the function of the City's storm drain. Project implementation would also improve the water quality of the runoff from the project site through implementation of an on -site treatment facility. 6. Project implementation would result in additional park fees paid to the City of Orange by the Project Applicant that can be used by the City to provide additional recreation facilities and /or programs for existing and future residents. The Park Dedication In -Lieu Fees would result in the payment of $7,994 for each of the proposed 40 units for a total payment of $319,760 for park fees. Statement of Overriding Considerations Page 3 City of Orange Marywood Residential Development Project 7. Project implementation would underground existing overhead utilities along East Villareal Drive from the City's water tanks to the south of the project to the project entry to the north. Eliminating the overhead utility wires and poles would improve the visual condition of East Villareal Drive and views from private residences that back to East Villareal Drive. 8. Use of the Property in its current configuration as a high school could result in a potable water demand of approximately 59,000 gallons per day. As a result of the water efficiency measures included in the Project, such as drip and micro -spray irrigation, smart irrigation controllers, drought tolerant landscaping, low flow showerheads, low flow toilets, on- demand hot water, and tankless water heaters, the Project anticipates an estimated water demand of 24,000 gallons per day, substantially less than what the existing facilities could generate. Statement of Overriding Considerations Page 4