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