RES-9810 Certifying Final Environmental Impact Report The Block at Orange ExpansionRESOLUTION NO. 9810
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE CERTIFYING FINAL
ENVIRONMENTAL IMPACT REPORT NO. 1721-
03,AND ADOPTING THE FINDINGS OF
FACT,STATEMENT OF OVERRIDING
CONSIDERATIONS AND MITIGATION MONITORING PROGRAM,
FOR THE EXPANSION OF THE BLOCK AT ORANGE
ON PROPERTY LOCATED WEST OF THE CITY
DRIVE BETWEEN CHAPMAN AVENUE
AND METROPOLITAN
DRIVE.APPLICANT: THE MILLS
CORPORATION WHEREAS, the applicant has submitted a project for the expansion of the Block
at Orange consisting of the following: Development Agreement by and between the City
of Orange and Orange City Mills Limited Partnership; Conditional Use Permit No. 2461-
03 and Major Site Plan Review No. 297-03 to allow a mixed use development;
Conditional Use Permit No. 2462-03 to allow construction of I 75-room hotel; Conditional
Use Permit No. 2463-03 to allow construction of 125-room hotel; and
Major Site Plan Review 300-03 to allow construction of a 1,211 space parking structure,
for property generally located west of the City
Drive, between Chapman Avenue and Metropolitan Drive; and WHEREAS, the environmental
impacts of the Project have been analyzed through Final Environmental Impact
Report (FEIR) 1721-03, which is comprised of Draft Environmental Impact Report (
DEIR) 1721-03, changes and revisions to DEIR 1721-03, the Response to
Comments, and the Mitigation Monitoring Program, pursuant to the provisions of the
California Environmental Quality Act (CEQA) and the State CEQA Guidelines; and WHEREAS, DEIR
1721-03 was circulated for public review
and comment for at least the 45 days required by CEQA; and
WHEREAS, responses to the comments received on the
DEIR 1721-03 have been prepared to the satisfaction of the
City; and WHEREAS, the City Council has reviewed FEIR 1721-03 comprised ofDEIR 1721-
03, changes and
revisions to the DEIR, the Response to Comments, and the Mitigation Monitoring
Program; and WHEREAS, the City Council conducted one duly advertised public hearing on January
13,
2004,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ORANGE that FEIR 1721-03 to allow the planned expansion of the Block
at Orange is hereby certified and the Findings of Fact, Statement of Overriding
Considerations and Mitigation Monitoring Program for the project are hereby adopted based on the
following:SECTION 1 - FINDINGS
Environmental Impact Report 1721-
03 1. The FEIR 1721-03 prepared for the Development Agreement
by and Between the City of Orange and Orange City Mills Limited
Partnership, and associated proj ects for the expansion of The Block at Orange,
has been completed in compliance with CEQA and the State CEQA
Guidelines; and 2. The information contained in FEIR 1721-03
provides an adequate assessment of the potentially significant environmental
impacts allowed by the Development Agreement by and Between the City of
Orange and Orange City Mills Limited Partnership, and associated projects for
the expansion of The
Block at Orange.3, The adoption of the Statement of Facts and Findings
and Statement of Overriding Considerations (Attachment A, and
hereby attached and incorporated by this reference) document that even
with the implementation of mitigation measures, it is infeasible to reduce the impacts
of the project on air quality (
dust) and noise.4, The adoption of the Mitigation Monitoring Program (
Attachment B, and hereby attached and incorporated by this reference)
as the mitigation-monitoring program for the Development Agreement by
and between the City of Orange and Orange City
Mills Limited Partnership.5, The project is subject to mitigation measures that will
preserve the public welfare and insure that the project will not have an
adverse impact on adjacent land
uses and residences,ADOPTED this 13th day
of
January, 2004.e-
ffit ty of Orange Reso.
No.
9810
ATTEST:
MaryE, !\.u
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 January, 2004, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Reso. No. 9810
COUNCILMEMBERS: Ambriz, Murphy, Coontz
COUNCILMEMBERS: Alvarez, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
6
MaryE. M
3 GAS
T --------'--
l----~~~-~.-.
CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT,
FINDINGS, AND APPROVALS FOR THE BLOCK AT ORANGE EXPANSION
CERTlFICA TlON OF THE FINAL ENVIRONMENTAL IMPACT REPORT The
City of Orange (lhe "City"), as the lead agency, has prepared the Final Environmental
Impact Report ("Final EIR") for The Block at Orange Expansion ("'Project").TIle
Final EIR has Stale Clearinghouse No. 2003081088.The
final EIR consists of the October 2003 Draft Environmenlallmpact Report ("'Draft EIR")
and the Final EIR ("'Final EIR"). The Draft EIR assesses the potential environmental effects
of the Project, identifies means to eliminate or reduce potential significant adverse impacts,
and evaluates a reasonable range of alternatives 10 the Project. The Final EIR provides responses
to comments on the Draft EIR from responsible agencies and interested groups and individuals,
as well as revisions to the text of the Draft EIR based on those comments and responses.
Pursuanl
to California Code of Regulations, Title 14, Section 15090, the City Council certifies
that the Final EIR has been completed in compliance with the California Environmental Quality
Act, Public Resources Code Section 21000, el seq. ("'CEQA") and the State CEQA Guidelines,
Title 14, California Code of Regulations, Section 15000, el seq. ("'CEQA Guidelines").
The City Council further certifies that it has been presented with the Final EIR and that
it has reviewed and considered the information contained in the Final EIR prior to making the
approvals set forth below in Section III. TIle City Council further certifies that the Final EIR reflects
its independent judgment and analysis.II.
FINDINGS The
City Council is certifying the Final EIR, and approving and adopting the Findings for the
entirety of the actions described in these Findings and in Ihe Final EIR as comprising the Project.
It is contemplated that there may be actions undertaken by other state and local agencies referred
to as "responsible agencies" under CEQA). Because the Cily is the lead agency for the Project,
the Final EIR is intended to be the basis for compliance with CEQA for each of the possible
discretionary actions by other state and local agencies to carry out Ihe Projecl. In Ihis action,
the City Council is approving the Project, including the design of 'the residenlial components
and the parking structure adjacent to the existing movie theaters. Design approvals of
components of the Project to be built at a later date, such as the Iwo hotels, will be made by the
City Council in accordance with, and based upon, the analysis in the Final EIR.Having
received, reviewed and considered the Final EIR and other information in the administrative
record, the City Council hereby adopts the following Findings and Statement of Oveniding
Considerations in compliance with CEQA and the CEQA Guidelines. The City Council
certifies that its findings arc based on an assessment of all viewpoints, including all comments
received up to the date of adoption of these Findings, concerning the environmental impacts
identified and analyzed in the Final ErR TIle City Council adopts these Findings and LDSAI:
1Z839.VL ATTACHMENT
A
The Block al Orance Expansion CEQA Findincs
Statement of Overriding ConsIderatIons in conjunction with its approval as set forth in
Section ill, below
A. Environmental Review Process
1. Preparation of the EIR
On August 14, 2003 the City issued a Notice of Preparation ("NOP") announcing the
proposed preparation of the Draft EIR and describing its proposed scope, as well as announcing
the release of the Initial Study ("IS"). The NOP was circulated to responsible agencies and
interested groups and individuals for a 3D-day review period ending September 15, 2003.
In connection with the public review period of the NOP and IS, a community meeting was held
on September 3, 2003 by the project applicant, The Mills Corporation, and a public scoping
meeting was held on Seplember 4,2003 by the
City.The City issued the Draft EIR on October 17,2003 and circulated it for public review
and comment for a 45-day period scheduled to end on December], 2003. Beginning on
October 17,2003, the City circulated the Draft EIR by: (I) submitting copies of the Draft EIR to
the State Office of Planning and Research (Slate Clearinghouse); (2) making copies available
al libraries within Ihe Cily, including the Main Library, the Taft Branch Library, and the EI
Modena Branch Library; (3) making copies available for review and copying at the Planning Counter
and Cily Clerk's Office; and (4) mass mailing the Notice of Completion to all persons within
a 300-fool radius of the project site and to interested parties, as well as to
relevant state agencies.Additionally, the City held a public hearing at Orange City Hall on December
15, 2003, 10 receive verbal comments on
the Draft EIR.Approximately eight Ielters were received during the public
comment period, including letters from several state and local agencies. The Final EIR contains all of
the comments received during Ihe public comment period, including a transcript of the public
meeting, together with written responses to those comments thai were prepared in accordance with
CEQA and the CEQA Guidelines. The City Council certifies that it has reviewed the
commenls received and responses lhereto and finds that the Final EIR provides adequate,
good-failh, and reasoned
responses 10 Ihe comments.2. Absence
of Significant New InformationCEQA Guidelines Section 15088.5 requires a lead agency to
recirculate an EIR for further review and comment when significanl new information is added to
the EIR after public nolice is given of the availability of the draft EIR but
before certification. New information includes: (i) changes to the project; (ii) changes in the environmental
selling; or (iii) additional data orother information. Section ]5088.5 further provides that "[nlew
information added to an EIR is nol 'significant' unless the EIR is changed in a way that deprives
the public of a meaningful opportunity to commenl upon a substantial adverse
environmenlal effect of the project or a feasible way to mitigale or avoid such an effect (
including a feasible project alternative) that the project's proponents
have declined to implement."The Final EIR incorporales a number of minor changes and revisions to
lhe Draft EIR. As indicated in the Final EIR, these minor changes and revisions to the Project
would nol result in
LOSA
I :
72839.
Or
The
Block at Oran::eExpansionCEQA Findin::slny
new signitlcanl cnvironmenla) Jlnpacls or a sub51;:tnlJ;J! incrc3se in lhe scverily of an environmental
impact Ihal cannot be mitigated. In addllJOn. all feasIble miligation measures are included
in the Miligalion Monlloring Program. which IS hereby adopted and incorporated into the
Project. Therefore, having revIewed the informatIOn contained in the Drafl and Final EIR and
in the administrative record as well as Ihe requirements lInder CEQA Guidelines S 15088.5 and
interpretive judicial authority regarding recirculation of draft EIRs, the City Council hereby finds
that no new significant information was added to the EIR following public review and thus,recirculation
of the EIR is not required by CEQA B.
Impacts and Miti::ationMeasures of the Project The
following section summarizes the environmental impacts of the Project identified in the
Final EIR, and provides findings as to those impacts, as required by CEQA and the CEQA Guidelines.
The Findings and Statement of Overriding Considerations set forth below are made and
adopted by the City Council as its findings under CEQA The findings provide Ihe wrillen analysis
and conclusions of the City Council regarding the environmental impacts of lhe Project,mitigation
measures and project design features, alternatives to the Project and Ihe overriding considerations
that, in the City Council's view, justify approval of the Projeel despite its lInavoidable
significant environmental impacts.These
Findings summarize the environmental findings in the Final EIR concerning project
impacts before and after mitigation and do not repeat the full discussions of environmental
impacts contained in the Environmental Impact Report. Instead, they provide a brief
description of the impacts, describe the applicable mitigation measures thaI are adopted by the
City Council, and state the recommended findings on the significance of each impact after imposition
of the adopted mitigation measures and project design features. A full explanation of these
environmental findings and conclusions is set forth in Ihe Final EIR. These Findings hereby
incorporate by reference the analysis in Ihe Final EIR supporting the Final EIR's findings and
conclusions and in making these Findings, the City COllncil ratifies. adopts and incorporates the
evidence, analysis, explanation, IIndings, responses to comments and conclusions of the Final EIR
except where they are specifically modified by these Findings.The
City Council hereby adopts and incorporates as conditions of approval, the mitigation
measures and project design features set forth in the findings below to reduce or avoid the
potentially significant and significant impacts of the Project, as well as certain less-than-
significanl impacts. In adopting these mitigation measures and project design fealures, the City
Council inlends to adopt each of the mitigation measures and project design features
recommended in the Final EIR. In the commenls on the Draft EIR, a number of measures were
suggested by various commenters as proposed additional mitigation measures. With respecl 10
the measures that were proposed in the comments, and not adopted by the Final EIR, the
responses to comments in the Final EIR explain why the proposed mitigation measures are nol
recommended by the Final EIR for adoption. The City Council hereby adopts and incorporates
by reference the reasons stated in the responses to comments contained in the Final EIR as its
grounds for rejecting adoption of these proposed mitigation measures.
1, Aesthetics
LDSAI:72839.v2
3
The Block ~It Orange Expansion CEQA Findings
Impact 5.15. i: Substantial adverse effect 011 a scenic ,-isTa. This is a
less'Than-significaIlT
impaCT.FINDING: The Cily Council finds Ihat irnplemenlalion of the
Project will not have a subslanlial adverse effect on a scenic vista;
Iherefore,Ihis impact is less Ihan significant and no mitigation is
required.b. impact5.15.2: SubSTantially damage scenic resources, including
but not limited to, trees, rock outcroppings, and historic buildings within
a state scenic highway. This is a less.than.significant
impact.FINDING: The City Council finds that implementation of the
Project will not have a substantial adverse effect on scenic
resources;therefore, this impact is less than significanl and no mitigation
is
required.c. impact 5.1.5.3: Substantially degrade the existing visual character
or quality of the site and its surroundings. This is a significant
and unavoidable
impact.FINDING: The City Council finds that implementalion of Ihe
Project will have a significant and unavoidable impact on the existing
visual character or quality of the site and its surroundings. The
City Council finds that no feasible mitigation measures are available
to reduce this impact to a less-than-significant level,
for the reasons identified in the Final EIR. The City Council
finds Ihis significant impact to be acceptable for the reasons set forlh in Section
II,F
of these Findings.d. impact5.1.5.4: Create a new source of substantial light
or glare. This is a
potentially significant impact.Miligation Measure S. I .S.4a In accordance with the
City of Orange Municipal Ordinance Section 17.12.030, lighting on the
site shall be directed, controlled, screened or shaded in such a manner as
nol to shine directly on surrounding premises. Furthennore, lighting
on any property shall be controlled so as to prevenl glare or direct
illumination of any public sidewalk or thoroughfares. These conditions shall
be verified by the Police Department prior to the issuance of
certificates of occupancy for each
phase of construction.Mitigation MeasureS.I.S.4b All on-site
security lighting shall comply with Police Department lighting standards. The
applicant shall submit a photometric study for Police Department review and
approval prior to the
issuance of building permits.MiligationMeasure S.I.S.4c Prior to construction,
an analysis of the potential for glare impacts will be conducted to
determine
whether
it is LOSAL72B39v2
The Block 31 Oran~e Expansion CEQA Findin~s
necessary for the design for Ihe hOlels and apanments 10 include anli-
rellecllve coating 10 reduce glare from all windows.
FINDING: The Cily Council finds thai implementalion of the Projecl
may have a polentially significant impact resulling from Ihe creation
of a new source of substanlial light or glare. However, Ihe Cily
Council finds Ihat implementation of Mitigation Measures 5.1.5.4a
Ihrough c will mitigate this potentially significant impact to less than
significant.
2. Air Quality
a. Impact 5.2.4. I: Conflict or obstruct implementation of the applicable
Air Quality Plan. This is a less. than-significant
impact.FINDING: The City Council finds that implementation of the
Project will not conflict or obstruct implementation of the applicable
Air Quality Plan; therefore, this impact is less than significant and
no mitigation is
required,b. Impact 5.2.4.2: Violate any Air Quality Standard or
contribute substantially to an existing or projected air quality violation as a result
of construction activity. This is a significant and unavoidable
impact.Proiect Design Feature 5.2.4.2a The project shall implement dust
control measures consislent wilh SCAQMD Rule 403-Fugitive Dust
during the constmction phases of new project development. The
following actions are currently recommended to implement Rule 403 and
have been quantified by the SCAQMD as being able to reduce
dust generation between 30% 10 85% depending on the source of the
dust generalion:Apply water and/or approved nontoxic chemical
soil stabilizers according to manufacturer's specification to all
inaclive constmction areas (previously graded areas that have been inactive for 10
or
more days).Replace ground cover in disturbed areas as quickly
as possible.Enclose, cover, water twice daily, or apply approved
chemical soil binders to exposed piles wilh 5 percent or grealer
silt content.Water active grading sites at least twice daily
during
construction activities.Suspend all excavating and grading operations when wind
speeds (as instantaneolls gusts) exceed 25 miles per hour over
a
30-minute period.
LOSAI:
The mock at Oran~e Expansion CEQA Findin~s
All Inlcks hauling d1T1, sand. soil, or othcr loose materials are to be
covered or should maintain at least two feet of freeboard (i.e..
minimum v('11lcal distance between top of the load and the top of the
trailer), in accordance with Section 231 14 of the California Vehicle
Code.
Sweep streets at the end of the day if visible soil material is carried
over to adjacent roads.
Install wheel washers where vehicles enter and exit unpaved roads
onto paved roads, or wash off trucks and any equipment leaving the
site each trip.
Apply water three times daily or chemical soil stabilizers according to
manufacturers' specifications to all unpaved parking or staging areas
or unpaved road surfaces.
Post and enforce traffic speed limits of 15 miles per hour or less on all
unpaved roads.
Proiect Design Feature 5.2.4.2b The project shall require by contract
specifications that constnlction equipment engines will be maintained in
good condition and in proper tune per manufacturer's specification for Ihe
duration of constmction.
Proiect Design Feature 5.2.4.2e The project shall requlfe by contract
specifications that constmction operations rely on lhe project site's
existing electricity infrastmcture rather Ihan electrical generators powered
by internal combustion engines, to the extent practicable.
Mitigation Measure 5.2.4.2a The project shall require by conlracl
specifications that construction-related equipment, including
heavy-duty equipment, motor vehicles, and portable equipmenl, shall be
lumed off when not in use for more than
five minutes.Mitigalion Measure5.2.4.2b The project shall encourage
contractors 10 utilize a1temalive-fuel construction equipment (i.
e., compressed nalural gas, liquid petroleum gas, and unleaded gasoline)
and low-emission diesel construction equipment, 10 the exlenl that
such equipment is reasonably
available and cost effeclive.FINDING: The City Council finds that
construction of the Project will violate air quality standards or
contribute subslantially to an existing or projected air quality violation;
therefore Ihis impact is significant and unavoidable, The
CiIy Council finds that implementation ofProject Design Features 5,2.4.2a Ihrough
5,2.4,2c and Mitigation Measures 5.2.4.2a and 5.2.4.2b
will
reduce
the
degree LOSAU2839v2 6 I T
The Block al Oran~e Expansion CEQA Findin~s
of significance of Ihis impact, bul Ihal Ihe impact shall nevertheless
remain significant and unavoidable. No additional feasible miligalion
is available. The City Council finds Ihis significanl impact 10 be
acceplable for the reasons set forlh in Section II.F of these Findings.
c Impact 5.2.43: Violate any Air Quality Standard or contribute
substantially to an existing or projected air quality violation as a result of
Project operation. This is a significant and unavoidable impact.
Mitigation Measure 5.2.4.3a 'Joe applicant/contractor shall specify the
installation of energy.efficient lighting, air conditioning and appliances.
This shall be reflecled on the construclion drawings and verified by the
Planning Director, or designee, prior to Ihe issuance of building permits.
Mitigalion Measure 5.2.4.3b The projecl shall implement appropriate
Transportation Demand Management (TDM) Measures pursuant to
Chapter 10.83 of the City of Orange Municipal Code for all non-
residential development. The TDM Measures applicable to the projecl
shall be identified from those measures idenlified in Seclion 10.83.050 of
the Municipal Code as "Option "B" Facility Improvements," which are as
follows:
A percentage of parking spaces, located as close as is practical to the
entrance(s) of Ihe use they are intended 10 serve, shall be reserved for
the use of carpool and vanpool vehicles, as detennined by the City of
Orange in conjunction with Site Plan Review.
Secure, adequale and convenient storage shall be provided for
bicycles.
Bus bays, bus stops and bus shelters shall be provided adjacent to
roads and streets traversing or bounding Ihe development, as requested
by the Cily of Orange.
A transportation information center (kiosk) shall be provided within
each new building of over twenty-five thousand (25,000) gross
square
feet.A shower and locker room facilily for employees of each sex shall
be provided in any non-residential building of one
hundred thousand 100,000) or greater gross
square feet.Sidewalks or other paved pathways following direct and
safe routes from the external pedestrian circulation system 10 each building
in the development shall
be provided.WSA1:
72839.
The Block al Orance Expansion CEQA Findincs
FINDING: The Cily Council finds Ihal Project operalions will resull
in air emissions that violate air quality slandards or mntribule
substanlially 10 an existing or projected air quality violalion. The
Cily Council finds Ihat implemenlalion of Mitigation Measures
5.2.4.3a Ihrough b will reduce Ihe degree of significance of this
impad, but Ihal the impad shall nevertheless remain significant and
unavoidable. No additional feasible mitigation is available. Tbe City
Council finds Ihis significant impad 10 be acceptable for Ihe reasons
set forlh in Section II.F of Ihese Findings.
d. Impact 5.2.4.4: Result in a cumulatively considerable net increase of
any criteria pollutant for which the Project region is currently in non.
allainment under an applicable federal or state Ambient Air Quality
Standard (including releasing emissions which exceed quantitative
standards for ozone precursors J. This is a less-than.significant
impact.Miligation Measure 5.2.3.3a Please see
above.Mitigation Measure 5.2.3.3b Please see
above.FINDING: The City Council finds that implementation of the
Projed will have a less-than-significant impad with regard
to a cumulatively considerable net increase of any criteria pollutant
for which the Projed region is currently in non-
attainment, and therefore no mitigalion is required; however, the
City Council finds Ihat implementation ofMitigation Measures 5.2.3,3a and 5,
2,3,3b will furlher reduce Ihe
degree ofthis less-
than-significant impad.3. Cultural Resources a. Impact 5.3.4.1: Cause
a substantial adverse change in the significance of a historic
resource. This is a less-than-significant impact.FINDING: The
City Council finds that implementation of the Projed will not cause a
substantial adverse change in the significance of a historic resource; therefore,
this impad is
less than significantand nomitigation is required.b. Impact 5.3.4.
2: Cause a substantial adverse change in the significance of
a unique archaeological resource pursuant to the CEQA Guidelines. Section
15064.5. This isa potentially significant impact.Mitigation Measure
5.3.4.2a If previously unidentified archaeological resources
are uncovered during site preparation, grading, or excavation,construction personnel
shall temporarily halt or divert grading in the immediate area
of the discovery until a qualified archaeologist can evaluate the
find and implement appropriate protective measures. If the archaeologist determines
that the find is
a
The Block al Orange Expansion CEQ" J;-indings
as defined by Sed;oll 21083.2 of CEQA, then the archaeologist shall
conduct addiIJOIl:i! excavations to avoid impacts to the resource by
constructIon activIty If the find is nol a "unique archaeological resource."
no further miligation is required. Unique archaeological resources shall he
determined hased on the criteria set forth in Section 21083.2 of CEQA. If
unique archaeological resources are found, they shall be salvaged and
collected in compliance with all applicable regulations and shall be sent to
a designated museum or agency.
FINDING: The City Council finds that implementation of the Project
may have a polenlially significant impact resulting from an adverse
change in Ihe significance of unique archaeological resources
pursuant to CEQA Guidelines Section 15064.5. However, the City
Council finds Ihal implementalion of Mitigation Measure 5,3.4,2a will
mitigate Ihis potentially significant impact to less tban significant,
c Impact 5.3.4.3: Directly or indirectly destroy a umque
paleontological resource or site or unique geologic feature. This is a
potentially significant impact.
Mitigation Measure 5.3.4.3a If previously unidentified paleontological
resources are uncovered during site preparation, grading, or excavation,
construction personnel shall temporarily halt or divert grading in the
immediate area of the discovery unlil a qualified paleontologist can
evaluate the find and implement appropriate protective measures. If the
paleontologist determines that the find is a unique paleontological
resource as defined by Section 2 I 083.2 of CEQA, then the paleontologist
shall conduct additional excavations to avoid impacts to the resource by
construction activity. If the find is not a "unique paleontological
resource," no further mitigation is required. Unique paleontological
resources shall be determined based on the criteria set forth in Section
21083.2 of CEQA. If unique paleontological resources are found, they
shall be salvaged and collected in compliance with all applicable
regulations and shall be sent to a designaled museum or agency.
FINDING: Tbe City Council finds tbat implemenlation of tbe Project
will bave a potentially significant impact regarding tbe direct or
indirect destruction of a unique paleontological resource or site or
unique geologic feature, However, Ibe, City Council finds that
implementation of Mitigation Measure 5,3.4,3a will mitigate this
potentially significant impact 10 less tban significant.
d. Impact 5.3.4.4: Disturb any human remains, including those interred
outside offormal cemeteries. This is a potentially significant impact.
Mitigation Measure 5.3.4.4a In the event of the discovery of a burial,
human bones, or suspected human bone, all excavalion or grading in the
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The Block al Orange Expansion CEQA Findings
vicmity of the filld sholl "oli IInmediately, the area of the find shall be
protected and the Orange County Coroner shall be contacted and informed
of the fllld: and the provisions of Public Resources Code Section 5097
shall be adhered to with respect to Native American involvement, burial
treatment and re.burial, if necessary.
FINDlNG: The Cily Council finds that implementation of the Project
will haye a potenlially significant impact resulting from the
disturbance of any human remains, including Ihose interred outside
of formal cemeteries. 1I0weyer, the City Council finds that
implemenlation of Mitigalion Measure 5.3.4,4a will mitigate this
potentially significant impact to less Ihan significant.
4, Geology and Soils
a. Impact 5.4.4.1: Expose people or structures to potential substantial
adverse effects, including the risk oj loss, injury, or death involving strong
seismic ground shaking or rupiure oj a known earthquake Jault..
This is a
less. than-significant
impact.Proiect Design Feature5.4.4.1 a Compliance with the Uniform
Building
Code.Proiect Design Feature 5.4.4.1 b Appropriate structural bracing will
be incorporated in the design of the new structures to be developed as part
of the
project.Proiect Design Feature5.4.4.lc Consideration shall be given to
the construction of buildings on rollers or springs to protect them from
the seismic forces that would be generated by the most significant
earthquakes that occur in the project
area.Proiect Design Fealure5.4.4.ld Special care will be taken to tie
building facades onto the new buildings that will be developed as part of
Ihe
project.Proiecl Design Feature5.4.4.1 e New project building design shall
limit the use of unreinforced masonry in these
buildings.FINDING: The City Council finds that implementation of the
Project will have a less-than-significant impact fromexposing
people and/or structures to potentially substantial adverse
effects resulting from strong seismic ground shaking or rupture of
a known earthquake fault, and therefore no mitigation is required;
however, the City Council finds that implementation of Project Design Fealures
4.5-1(a)through 4.5-1(e) will further reduce
the degree
of this
less-
than-
The Block al Oranl(e Expansion CEQA Findings
b lmpao 5.4.42: Expose people or ."mOurn to potenTial substantial
adverse effects, including the risk of loss. injlrry, or death involvlOg
seismic-related groulld failure, IIlcluding liquefaction This is
a potentially significant
impact.Mitigation Measure5.4.4.2a Prior to erecting any new stmctures on
the project site, all soil materials deemed unsuitable by the civil engineer
shall be removed and replaced as engineered
fill.FINDING: The City Council finds that implementation of the
Project may have a potentially significant impact due 10 Ihe exposure
of people or structures to potential substantial adverse elTects,
including the risk of loss, injury, or death involving seismic-
related ground failure, including liquefaction. However, Ihe City Council
finds that implementation of MitigationMeasure 5.4.4.2a will
reduce this potentially significant impact to less
Ihan significant.c. Impact 5.4.4.3: Result in substantial soil erosion or the loss
of topsoil.This is a less-
than.significant impact.FlNDING: The City Council finds Ihal implementalion
of Ihe Project will not result in substantial soil erosion or the
loss of topsoil;therefore, Ihis impact is less than significant and
no
miligalion is required.d. Impact 5.4.4.4: Be located on a geologic unit or soil
that is unstable,or that would become unstable as a result of the
Project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence,liquefaction or collapse. This is
a less-than.significant impact.Miligation Measure 5.4.4.4a Prior to erecting
any new structures on the project site, soils and any areas of
liquefaction shall be
tested and remedialed where necessary.FlNDING: The City Council finds
that implementation of the Project will have a less-than-
significant impact wilh regard to locating the Project on a geologic unit or soil
that is unstable or that would become unstable as a result of the Project
and potentially result in on- or 01T-site
landslide, lateral spreading, subsidence, liquefaction or collapse,and therefore mitigation
is not required; however, the City Councilfinds thatimplementation of Mitigation
Measure 5.4.4.4a will further
reduce the degree of Ihis
less-than-significanl impact.5, Hazards and Hazardous Materials a. Impact 5.5.4.1:
Create a significant hazard to the public or the environment through
the routine tran.\port. use or disposal
of hazardous materials.
This
The Hlock al Orange Expansion CEQA Findings
Proiect Deslgo Fcature 5.5.4. ] a California regulations govcrning on-
site fueling operations and requiring the installation of vapor recovery
systems shall be incorporated into the project
design.Transport of gasoline is regulated at the federal level under
the Department of Transportation's Office of Hazardous Materials
Safety,Code of Federal Regulations (CFR) Title 49, Chapter) "Research
and Special Programs Administralion, Department of
TranspOrlation,"Subchapter C "Hazardous Materials Regulation." This legislation
governs the "offering of hazardous materials for transportation and
transpOrlation of hazardous materials in interstate, intrastate, and foreign commerce
by rail car, motor vehicle, and vessel" and requires, in part, that
persons offering hazardous materials for lransporlation in commerce must
be registered in confonnance wilh subpart G or part 107 of Chapter
I.Subpart G refers to the Hazardous Malerials Program
Procedures.Hazardous materials transport is also regulated, al the state level,
under California Vehicle Code, Division14.1, Transportation of
Hazardous Material and Division 14.7, Flammable and Combustible Liquids.
These regulations exist to provide protection to the public and reduce the risk
of possible hazards in the highway transportation of hazardous waste and
of flammable and combustible liquids. The regulation also provides
for random California Highway Patrol inspection of cargo tanks
and hazardous waste transport vehicles and containers. Other
requirements include display of placards, compliance of shipments with laws
and regulalions pertaining to the shipmenl and transportation of
hazardous material, and carrying of a valid license for the transportation of
hazardous materials by the motor
carrier.Proiect Design Feature 5.5.4.lb The project shall comply with
California regulations governing the storage and delivery of petroleum
products.Proiecl Design Feature 5.5.4.lc Motor carriers conveying gasoline to
the proposed property to be used in commence shall be required 10
comply with those sections of the California Vehicle Code pertaining to
the transport of hazardous material and 10 the transport of flammable
and combuslible
liquids.FlNDING: The City Council finds that implementation of the
Project will have a less-than-signifieant impact with regard to
the creation of a significant hazard to the public or the
environment Ihrough the routine transport, use or disposal of
hazardous materials, and Iherefore no miligation is required; however, the
City Council finds that implementalion of Project Design Features 5.5.
4.1a through 5.5.4.1c will further reduce Ihe degree
of
this less-than-significant
impact.
LOSA 1 :72839.'
12
The Block at Orange Expansion CEQA Findings
h Impact 5.5.4.2: Create a significant hazard 10 the public or Ihe
environment through reasonably foreseeable upsel and accidenl
condit lOllS involving Ihe release of hazardous materials into Ihe
environmen!. This is a potentially signijicanl impact.
Proiect DesIgn Feature 5.5.4.2a In general, states have the primary
authority for compliance monitoring and enforcing against pesticides in
violation of the labeling requirements.
Mitigation Measure 55.4.2a Existing structures at Ihe BFRC site shall be
tested for the presence of asbestos-containing materials prior to
anyon-site demolition or
remodeling work.MitigationMeasure 55.4.2b For renovalion and
demolilion construction activities that will disturb asbestos-containing
materials, a qualified asbestos abatement contractor will remove and clean
the area in accordance with SCAQMD and California OSHA
requirements prior 10 commencemenl of construction
activities. Asbestos-conlaining materials shall also be disposed of
in an approvedlandfill.Mitigation Measure 55.4.2c All
construction conlractors shall comply with SCAQMD regulations, including Rule
I 113, which regulates architectural coatings, and Rule 1403, which
specifies actions to control asbestos emissions during
demolition activities_ Construction contractors shall provide documentation to the City of Orange
Ihal they will comply with all applicable SCAQMD
regulations and mitigation measures.Mitigation Measure 55.4.2d On-site soils,
in particular soils adjacent to the SR-22 Freeway, shall be surveyed for
the presence of lead prior to excavation and removal. Soils
containing lead shall be remediated and removed
in compliance withestablished EPA regulations.Mitigation Measure 55.4.
2e All construction contractors shall comply with precautionary measures in accordance
with the guidelines set forth by the EPA, the Occupational
Safety and Health Administralion (OSHA) and other
regulatory agencies. Construction conlraclors shall provide documentation to Ihe Cily of Orange
that they will comply with
all applicable regulations and mitigation measures.FlNDlNG: The City Council
finds Ihat implementation of the Project may have a potentially significant
impact with regard to the creation of a significant hazard to
the public Or the environment through reasonably foreseeable
upset and accident conditions involving the release of hazardous
materials into the environment. However, the City Council finds
that implementation of Project Design Feature 5.5.4.2a and Mitigation Measures 5.5.4.2a through
5.5.4.2e will reduce
this impact
to
The Block al Orange Expansion CEQA Findings
6. Hydrology alld Water Quality
a Impael 5.6.4_1_" Violate any water quality standards or waste
di5charge requirement5. This i5 a les5.than.significant impact.
Proiect Design Feature 5.6.4.1 a As required by the Drainage Area
Management Plan (DAMP), temporary construction site erosion control
requirements will be addressed by the implementation of Best
Management Practices (BMPs) identified in a Water Quality Management
Plan (WQMP). The WQMP shall be approved by the City prior to the
issuance of the first grading permit. BMPs such as hydroseeding, geo-
textiles, and mats may be used to prevent dust nuisance. For sediment
filtering control, silt fence, fiber rolls, sandbag or straw bale barriers and
storm drain inlet filter fabric may be used. For off-site sediment
tracking prevention, stabilized construction enlrances and roads and entrance/
oullet tire wash areas may be used. Permanent post-conslruction
water quality requirements will be addressed by the creation of a
required permanent stormwater quality design volume as well as the implementation
of BMPs.The water quality design volume may be provided by means
of an underground plastic stormwater pipe gallery. Other
pennanenl structural BMPs may include catch basin filtration systems, water
quality inlets and/or filtering rooftop drainage through landscape
buffers. Non-structural BMPs may include education for property owners,
tenants and occupants, activity restriclions, common area
landscape management,BMP maintenance, litter. control, employee training,
loading dock housekeeping, catch basin inspection and street
sweeping programs.FINDING: The City Council finds that implementation of
the Project will have a less-than-significant impact as it
would not violale existing water quality standards or
wasle discharge requirements, and therefore no mitigation is required; however,
the City Council finds that implemenlalion of ProjectDesign Feature 5.6.
4.1a will further reduce the degree
of this less-than-significant impact.b. Impact 5.6.4.
2: Substantially deplete groundwater supplies or interfere substantially with
groundwater recharge such that there would be a net deficit in aquifer volume or
a lowering of the local groundwater table level (e.g., the production rate
of pre.exi5ting nearby wells would drop to a level which would not support
existing land uses or planned uses for which penn its have been granted).
This
is a less. than. significant impact.FINDING: The City Council
finds that implementation of the Project will not
substantially deplete groundwaler supplies or affect groundwater recharge; therefore,
Ihis impact is less than
significant and no
mitigalion
is
The Block at Oranee Expansion CEQA Findines
c Impac/5.6.4.3' Substan/ially alter the existing drainage pal/ern of/he
site or area, including through the altera/ion ojthe course oj a stream or
rh'cr, ;n a manner rvhich u:ould result in subs/antial erosion or sillation
on. or off-site. This is a less./han.significant
impact.FINDING: The City Council finds thai implementation of the
Projeet will not substantially alter site drainage pallerns and would not
result in substanlial erosion or siltalion on- or off-sile; Iherefore,
this impaet is less Ihan significant and no mitigalion
is required.d. Impact5.6.4.4: Substantially alter the existing drainage pal/em
of the site or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount of surface runoff
in a manner that would result in flooding on. or off-site. This is
a less.
than-significant impact.FINDING: The City Council finds that implementation
of the Projed will not substantially alter site drainage
pallerns or substantially increase Ihe rate or amount of surface runoff and will
not result in flooding either on- or off- site; therefore, this impad
is less than significant and no
mitigation is required.e. Impact 5.6.4.5: Create or contribute runoff water
which would exceed the capacity oj existing or planned storm water
drainage systems or provide substantial additional sources oj polluted runoff. This
is a less-
than.significant impacl.FINDING: The City Council finds that implementation
of Ihe Projed will not result in runoff that exceeds Ihe capacity
of existing storm drain syslems or provides substantial additional
sources of polluted runoff; therefore, this impad is less than significant
and no
mitigation is required.f. Impact 5.6.4.6: Otherwise subs/antially degrade
water quality. This is a
less-than.significant impact.FINDING: The City Council finds that
implementation of the Projed will not substantially degrade water quality;
therefore, this impact is less than significant and
no mitigation is required.g. Impact 5.6.4.7: Place housing within a lOO.year
flood hazard area as mapped on a Federal Flood Hazard Boundary
or Flood Insurance Rate Map or other Flood Hazard Delineation Map. This
is a
less. than-significant impact.FINDING: The City Council finds Ihat
implemenlation of Ihe Project will not place housing within a IOO-
year flood hazard area; therefore,this impad is less than significant
and no mitigation
is
required.WSAJ:72839.v2
15
The Block al Oranl:e Expansion CEQA Findinl:s
h ImpaCT 5.6.48: Place within a lOO-year Flood Hazard
Area structures that would impede or redirect flood flows. 7his is a lcn./
han.significant
impact.FINDING: The City Council finds that implementation of Ihe
Project will not place slructures within a IOO-year flood hazard
area, which would impede or redirect flood flows; therefore, this impact
is less than significant and no mitigation
is required.I. Impact5.6.4.9: Expose people or structures to a significant
risk of loss, injury or death involving flooding, including flooding as a
result of the failure of a levee or dam. This is a
less-than-significant impact.FINDING: The City Council finds that
implementation of the Project will not expose people or structures to
a significant risk involving flooding due to the result of the failure of a
levee or dam; therefore,this impact is less than significant and
no mitigation is required.J. Impact 5.6.4.10: Expose people or structures
to inundation byseiche,tsunami, or mud flow. This is
a less-than.significant impact.FINDING: The City Council finds
that implementation of the Project will not expose people or structures
to inundation by seiche, tsunami,or mudflow; therefore, this impact is
less than significant
and no mitigation is required,
7. lAnd Useand Planning a. Impact 5.7.4.1: Physically divide an
established community. This
is a less. than-significant impact.FINDING: The City Council
finds that implementation of the Project will not result in the
physical division of an established community;therefore, this impact is less
than
significant and nomitigation is required,b. 1mpact 5.7.4.2: Conflict with
the policies of the Growth Management Chapter of the Regional Comprehensive
Plan and Guide.
This impact is less than significant.FINDING: The City Council
finds that implementation of the Project will not conflict with the
policies of the Growth Management Chapter of Ihe Regional
Comprehensive Plan and Guide; therefore, this impact is less than
significant and nomitigation isrequired.c. 1mpact 5.7.4.3: Conflict with
the policies of the Regional Mobility Chapter of the Regional Comprehensive Plan
and Guide.
This is a
less-
than-
significantimpact.LOSA1:72839.v2 16
The Block al Orange Expansion CEQA Findings
FINDING: The Cily Council finds thai implemenlation of Ihe Project
will not connict with the policies of Ihe Regional Mobilily Chapter of
Ihe Regional Comprehensive Plan and Guide; Iherefore, Ihis impact is
less than significanl and no mitigation is required.
d. Impact 5.7.4.4: Conflict with the policies of the Air Quality Chapter of
the Regional Comprehensive Plan and Guide. This is a less. than.
significant impact.
FINDING: The City Council finds that implementation of the Project
will not connict wilh Ihe policies of the Air Quality Chapter of the
Regional Comprehensive Plan and Guide; therefore, this impact is
less than significant and no mitigation is required.
e. Impact 5.7.4.5: Conflict with the policies of the Water Quality
Chapter of the Regional Comprehensive Plan and Guide. This is a less-
than-significant
impact.FINDING: The City Council finds that implementation of the
Project will not connict with the policies of the Water Quality Chapter of
the Regional Comprehensive Plan and Guide; Iherefore, Ihis impact
is less than significant and no mitigation is
required.fImpact5.7.4.6: Conflict with the policies of the Water Quality
Control Plan (Santa Ana River Basin Plan) of the Regional Water Quality
Control Board. This is a less.than-
significant impact.FINDING: The City Council finds that implementation of
the Project will not conflict with the policies of the Waler Quality Control
Plan of the Regional Water Quality Control Board; therefore, this
impact is less than significant and no mitigation
is required.g. Impact 5.7.4.7: Conflict with the policies of the SCAQMD
Air Quality Management Plan. This is a less-
than.significant impact.FINDING: The City Council finds that implementation
of the Project will not conflict with the policies of the
SCAQMD Air Quality Management Plan; therefore, this impact is less
than significant and no
mitigation is required,h. Impact 5.7.4.8: Conflict with the goals of the Land Use
Element of the City of Orange General Plan. This is a less.
than.significant impact.FINDING: The City Council finds that implementation
of the Project will not conflict with the goals of the Land Use Element of
the City of Orange General Plan; Iherefore, Ihis impact is
less than significant and no
mitigation is required,
WSAJ:
The Block at Oranl:e Expansion CEQA Findinl:s
L Impact 5.7.4.9: Conj7ict IFith the goals of the Housing Element of the
Cit}' oj Orange General Plan This is a less. than-significant
impacl.FINDING: The City Council finds Ihat implementation of Ihe
Projecl will not conflict with Ihe goals of Ihe Housing Element of the City
of Orange General Plan; therefore, this impact is less than
significant and no mitigation is
required.j. Impact5.7.4.10: Conj7ict with the goals of the Circulation Element
of the City of Orange General Plan. This is a less.than.significant
impact.FINDING: The City Council finds that implementation of the
Project will not conflict with the goals of the Circulation Element of the
City of Orange General Plan; Iherefore, this impact is less Ihan
significant and no mitigation is
required.k. Impact5.7.4.11: Conj7ict with the goals of the Open Space
and Conservation Element of the City of Orange General Plan. This is a
less.than.significant
impact.FINDING: The City Council finds Ihat implementation of Ihe
Project will not conflict with the goals of the Open Space and
Conservation Element of the City of Orange General Plan; therefore, this impact
is less than significant and no mitigation is
required.L Impact5.7.4.12: Conj7ict with the goals of the Safety Element of
the City of Orange General Plan. This is a less-
than-significant impact.FINDING: The City Council finds that implementation
of the Project will not conflict with the goals of the Safety Element of
Ihe City of Orange General Plan; therefore, this impact is
less than significant and no
mitigation is required.m. Impact 5.7.4.13: Conj7ict with the goals of the Noise
Element of the City of Orange General Plan. This is
a less-than-significant impact.FINDING: The City Council finds
that implementation of the Project will not conflict with the goals of the Noise
Element of the City of Orange General Plan; therefore, this
impact is less than significant
and no mitigationisrequired.n. Impact 5.7.4.14: Conj7ict with
the objectives of the Orange Redevelopment Plan. This is
a less.than.significant impact.FINDING: The City Council finds
that implementation of the Project will not conflict with the
objectives of the Orange Redevelopment Plan; therefore, this impact is less
than significant
and no
mitigation
is
The Block at Orange Expansion CEOA Findings
o. Impan 5J4.15: Conj1icr with an)' applicable Habitat Conservation
Plan or Natural Communit)' COllServation Plan This is a less-
than.sIgnificant
impact.FINDING: The City Council finds Ihat implemenlalion of Ihe
Project will nol conflict wilh any applicable Habitat Conservalion Plan
or Nalural Community Conservation Plan; therefore, this impact is
less than significant and no mitigation is
required.8.
Noise a. Impact 5.8.5.1: Result in the 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. This is
a less.than.significant
impact.Mitigation Measure 5.8.5.la Prior to the issuance of any grading
permits,an Acoustical Analysis Report shall be submitted to the
Community Developmenl Director or designee for review and approval.
The Acoustical Analysis Report shall describe the ambienl noise setting as
well as acoustical design features of the structures required to satisfy the City'
s and State's interior noise standards. In addition, the Acoustical
Analysis Report shall contain satisfactory evidence indicating that the
sound attenuation measures specified in the approved acoustical reports
have been incorporated into the design of the
project.Mitigation Measure 5.8.5.lb Sound attenuation measures shall
be incorporated into the design of the structures so as 10 minimize
noise emissions and propagation from mechanical equipment (fans,
blowers,chillers, compactors,
etc.).Mitigation Measure 5.8.5.]c Trash hau].offs shall be restricted to
the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m.
to 6:00 p.m. on
Saturday.Mitigation Measure 5.8.5.]d Sound attenuation measures shall
be incorporated into the design of parking garage struclures so as to
minimize noise leakage from the parking garages into the surrounding
community.These measures may include a half-wall on the grade-
level parking deck and/or full walls on the sides of structures that are
facing nearby receptors and/or noise control louvers on selected stmcture
facades that face
potentially-influenced receptor areas.FINDING: The City Council finds that
implementation of the Project will not result in the exposure of persons to, or
the generation of, noise levels in excess of standards established in the
local General Plan or Noise Ordinance, or applicable standards
of other agencies, resulting in a less-Ihan-significant impact;
however, Ihe
City
The Block at Orange Expansion CEQA Findings
WSAI:72839.v2
implemenlalion of Miligation Measures 5.8.5.la Ihrough 5.85.ld will
further reduce the degree of Ihis less-Ihan-
significant impact.b Impact 5.8.5.2 Result in the exposure of persons to or
generation of excessive groundbome vibration or groundborne noise levels. This
is a less-
than.significant impact.FINDING: The City Council finds that implementalion
of Ihe Project will not result in the exposure of persons to, or
the generation of,excessive groundborne vibration or ground
borne noise levels;therefore, Ihis impact is less than significant and
no
miligalion is required,c. Impact 5.8.5.3 Result in a substantial permanent
increase in ambient noise levels in the project vicinity above levels
existing without the Project. This is
a less-than-significant impact.FINDING: The City Council finds that the
Project will result in a substanlial permanent increase in ambient
noise levels in the Project vicinity above levels existing
without the Project; therefore, Ihis impact is less Ihan significant
and no mitigation is required.d. Impact 5.8.5.4: Result in a
substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels existing without the project. This is a
potentially significant impact during standard construction hours, and a significant
and unavoidable impact on Sundays.Proiect Design Feature S.8.5.4a In accordance
wilh the City of Orange Noise Ordinance, construction activity shall
be limited to between Ihe hours of 7:00 a.m. and 8:00 p.
m., Monday through Saturday. Construction activity on Sundays or on holidays may be
permitted if approved
by Ihe City of Orange.Proiecl Design Feature S.8.5.4b All
conslruclion hauling shall be limited to those days and hours specified for on-
site construction by the City of Orange. Haul routes shall be approved by
the City of Orange to minimize noise al
residential and other sensitivereceptor sites.Mitigalion Measure S.8.5.4a
During all project site preparalion, grading and construction, the
project contraclors shall equip all construclion equipmenl, fixed or
mobile, with properly operating and maintained mufflers consistent
with manufacturers' standards. All equipmenl shall also be
maintained in a properly tunedcondition.Mitigation Measure S.8.S.4b
Maintaining equipmenl in an idling mode shall be minimized. All equipment should be
turned off when not
in
The Block at ()ranl'.e Expansion CEQA f'indinl'.s
Mitigation Me_asure 5.85.4c The construction contractor shall employ
noise conlro) measures such as enclosures and noise barriers, as necessary
and feasible. to reduce construction noise levels at sensitive receptors.
Mitigation Measure 5.8.5.4d Construction operations shall be scheduled
and conducted in a manner that will minimize, to the greatest extent
feasible, the disturbance to the public in areas adjacent to the construction
activities and to occupants of buildings in the vicinity of the construction
activities.
Mitigation Measure 5.8.5.4e Stationary construction equipment shall be
placed as far as feasible from sensitive receptors to Ihe west of the project
site and situated to direct emilled noise away from sensitive receplor
locations.
Mitigation Measure 5.8.5.4f The conslruction contractor shall locate long-
term stock-piling and equipment staging areas in a manner to provide
as much distance between construction-related noise sourCeS
and potentially noise-sensitive receptors to the wesl as feasible during
all project site preparation, grading,
and construction activities.Mitigation Measure5.8.5.4g All maintenance
of construction equipment shall be limited to those days and hours specified
for on-site construction.MitigationMeasure 5.8.5.4h Any
construction activities permitted on Sundays shall comply with a Noise Control
and Monitoring Plan, which shall be prepared by the project applicant and shall
be approved by the Planning Director prior to the commencement
of any construction activity on Sundays. The Noisc Control and Monitoring
Plan shall identify the range of construction activities that
are permilled on Sundays.MitigationMeasure 5.8.5.4i If construction
activity is conducted on Sunday, the project applicanl shall identify
a construction supervisor, who shall remain on.site during all periods of
active construction activity. A noise complaint hOlline to the conslruction
supervisor shall be established for Sunday operations, and shall be distributed
in advance to potentially-affected residents. The construction supervisor shall
have the aUlhority to oversee and change construction operations, as well
as to implement noise control measures, as necessary, 10 reduce
conslruction noise and vibration impacts affecting residents
during Sunday construction activity.FlNDING: The City Council finds that
implementation of the Project will result in substanlial temporary or
periodic increase in ambient noise levels in the project vicinity above
levels exisling without the projecl. The City Council finds that Project Design Features
5.8.5.4a Ihrough 5.8.5.4b andMitigation Measures 5.8.5.4aIhrough
5,8.5.4g will reduce this impact to less
Ihan significant during
regular
The Block al Oran/:e Expansion CEQA Findin/:s
construction hours. However, despile the implemenlation of Ihese
measures, as well as Mitigation Measures 5.8.5.4h and 5.8.5.4i,
impacts will remain significant and unavoidable as a result of
conslruclion aClivities on Sundays. No additional feasible miligalion
is available. The City Council finds this significant impact to be
acceplable for Ihe reasons set forlh in Seclion Il.F of these Findings.
e. Impact 5.8.5.5: Expose people residing or working in the project area
to excessIve nOIse levels from a private airstrip. This is a less. than-
significant impact.
FINDING: The City Council finds that implementation of the Project
will not result in the exposure of people residing or working in the
project area to excessive noise levels from a private airstrip;
therefore, this impacl is less than significant and no mitigation is
required.
9. Population and Housing
a. Impact 5.9.4.1: Induce substantial population growth in an area
either directly or indirectly. This is a less-than. significant
impact.FINDING: The City Council finds that implementation of the
Project will not induce substantial population growth in an area
either directly or indirectly; therefore, Ihis impact is less than
significant and no mitigation is
required.b. Impact 5.9.4.2: Displace substantial numbers of existing
housing,necessitating the construction of replacement housing elsewhere. This is
a less-
than-significant impact.FINDING: The City Council finds that implementation
of the Project will not result in the displacement of substantial
numbers of existing housing, necessitating the construction
of replacement housing elsewhere; therefore, this impact is less than
significant and no
mitigation is required.c. Impact 5.9.4.3: Displace substantial numbers
of people, necessitating the construction of replacement housing elsewhere. This
is a
less-than-significant impact.FINDING: The City Council finds that
implementation of the Project will not result in the displacement of
substantial numbers of people,necessitating the construction
of replacement housing elsewhere;therefore, this impact is less Ihan significant
and
no mitigation is necessary.10.
Public Services and
Utilities
WSAI :
72839_
The Block al Oranl(e Expansion CEQA Findinl(s
o Impact 5 10.5 1. 1ncrease Ihe demand for fire prolecrion services
This is a pOIClllially significanl impacf.
Mitigation Measure 5.10.5. I a Prior to issuance of a building permit, the
applicant shall submit an emergency access plan to the City of Orange Fire
Department for review and approval. This plan will identify alternate
routes for emergency access during construction activities.
Milil(ation Measure 5.] 0.5. I b The applicant shall pay all applicable fire
facility fees required by the City of Orange Fire Department prior to lhe
issuance of any building permits.
Mitigalion Measure 5.10.5.1 c
equipment shall be provided
subsequent operation.
Sufficienl accessibility for fire-
fighting during all phases of construction
and Mitil(ation Measure 5.1O.5.ld The Orange Fire Department shall
review and approve development plans to ensure adequate access and
fire protection facilities are available prior to the issuance of any
building
permits.FlNDING: The City Council finds that implementalion of the
Project may increase the demand for fire proteclion services, but will
not require Ihe construction of new or physically-altered
facilities 10 accommodate the increased demand and main
lain acceptable response limes and fire nows, However, the City Council
finds that implementation of Mitigation Measures 5,10.5.]a Ihrough 5.10.
5.1d will reduce this potenlially significant impact to less
than significant.b. 1mpact 5.10.5.2: 1ncrease demand for Police
Protection Services.This is a potentially
significant impact.Mitigation Measure5.1O.5.2a Prior to issuance of a building
permit, the projecl applicant shall submil an emergency access plan to the
City of Orange Police Department. This plan will identify alternate
routes for emergency access during construction with regard to
areas potentially blocked by project-
related construclion activities.FINDING: The City Council finds that implementation
of the Project may increase the demand for police protection
services, resulting in Ihe construction of new or
physically-altered facilities 10 accommodate Ihe increased
demand and maintain acceptable response times. However, the City
Council finds Ihat implementation of Mitigalion Measure 5.1O.5.2a
will mitigate Ihis potentially significant impact
10 less Ihan significant.c. 1mpact 5.10.5.3: Increase demand for school
services. This is
a less-than.
significant
The Block at Ora nee Expansion CEQA Findines
Prolecl Design Fealure 5.1 0.5.3a The apphcant will pay applicable school
fees pursuanl 10 Government Code Seclion 65995.
FINDING: The City Councillinds Ihat implemenlalion of Ihe Project
will have a less-Ihan-significant impact with regard
10 increased demand for school services, resulting in Ihe conslruction of
new or physically-altered facililies to accommodate
any increased demands and maintain acceptable school service ratios,
and therefore no mitigation is required; however, the City
Council linds that implementalion of Project Design Fealure 5.10,5.
3a will furlher reduce the degree of
this less-than-significantimpact,d. Impact 5./0.5.4: Increase
demand for park facilities and recreational services. This
is a potentially significant impact.Mitieation Measure 5.10.5.4a The applicant shall
pay an in-lieu fee
of 9,506 per dwelling uniL FINDING: The City
Councillinds that implementation of the Project may have a
polenlially significant impact resulting from inereased demands for park facililies
and recreational services, resulting in the construction of
new or physically-altered facilities to accommodate any increased
demands and maintain acceptable park and recreation service ratios,
However, the City Council finds thatimplementation of Mitigation Measure 5.
10.5.4a will mitigate this
potentially significant impact toless than significant.e. Impact 5./0.5.
5: Increase demand for other public facilities library
services). This is a potentially significant impact.Mitieation Measure 5.1O.5.5a
The applicanl shall pay an in-lieu library services
impact fee of $642.71 per dwelling uniL FINDING: The
City Council finds that implementation of the Project may
have a potentially significant impact resulting from increased demand for library
services, resulting in the construction of new
or physically-altered facilities to accommodate any increased demands
and maintain acceptable library service ratios_ However, the CityCouncil finds
that implementation of Mitigation Measure 5,10.5.5a will
mitigate this potentially significant impact to less than significant.f Impact5.
IO.S.6: Exceed wastewater treatment requirements of the applicable
Regional Water
Quality Control Board. This is a less-than.significant impact.Proiect Design
Feature 5.1O.5.6a The applicant will secure appropriate
pemlits from the
Orange
County
Sanitation
Dislrict to ensure thai
The Block at Oran!'.e Expansion CEQA Findin!'.s
discharges meet MPDES permit conditions and protect state-defined
water
quality.FINDINGS: The Cily Council finds Ihat implementalion of
the Project will have a less-than-significant impact as it
will not exceed waslewater Irealment requirements, and therefore
no mitigalion is required; however, Ihe City Council finds
thai implemenlation of Project Design Feature 5.10.5.6a will furlher reduce the
degree of this
less-Ihan.significant impacl.g. Impact 5.10.5.7: Require or result in
the construction of new water treatment facilities or expansion
of existing facilities, the construction of which could cause
significant environmental effects. This is a
less.than.significant impact.Proiect Design Feature 5.1O.5.7a The projecl
applicant shall use low-flow shower heads, water faucet aerators,
and ultra-low flush toilets
wherever possible in the project design.Proiect Design Feature 5.1O.5.7b "
The project applicant shall use weather-based irrigation-
controlled
technology wherever possible in tbe project design.FINDING: The City
Council finds that implementation of the Project will have a less-than-
significant impact as it will not require or result in the
conslruction of new water treatment facilities or the expansion of
existing facilities, Ihe construction of which could cause
significant environmental effects, and therefore no mitigation is required;however,
Ihe City Council finds that implementation of Project Design Features 5.10.5.7a and
b will
furlher reduce the degree of this less-than-significant impact.h. Impact 5.10.
5.8: Require or result in the construction of new
storm water drainage facilities. the construction of which could
cause significant environmental effects. This is a less. than-significant
impact.FINDING: The City Council finds that implemenIation of the Project
will not require or result in the construction of
new stormwater drainage facilities, the construction of which could
cause significant environmental effects; therefore,
this impact is less than significant and no mitigation is required.I. Impact
5.10.5.9: Have sufficient water supplies available to serve
the Project from existing entitlements and resources. or are new
or expanded entitlements needed. This is a less.than.significant
impact.FINDING: The City Council finds that implementation of
the Project would
be
The Block al Orange Expansion CEQA Findings
resources, and would not require new or expanded entillements;
therefore, Ihis impact is less Ihan significanl and no miligalion is
required.
I Impact 5.10.5.10: Result in a determination by the wastewater
treatment provider that 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. This is a potentially significant
impact.
Mitigation Measure 5.1 0.5. lOa The project applicant shall have /low
monitoring conducted on the Orange Sub and the New-Hope
Placentia trunk lines to confirm sewage /low capacilies. If the /low
monitoring indicates that there is insufficient capacily in Ihese trunk lines for
projecl wastewaler, the applicant will meet with Cily and OCSD to
assure adequate capacily exists for the
project.FINDING: The City Council finds that implementation of Ihe
Project may have a polentially significant impact due to a determination
by the wastewaler provider Ihat serves or may serve the Project that
it may nol have adequate capacily to serve the Project's
projected demand in addition to Ihe provider's existing
commitments.However, the City Council finds that implementation of
Mitigation Measure 5.10.5,10a will mitigate Ihis potentially significant impact
to less Ihan
significant.k. Impact 5. /0.5.11: Be served by a landfill with sufficient
penniued capacity to accommodate the Project's solid waste disposal needs. This
is a less-than.
significant impact.FINDING: The City Council finds that the Project will be served
by a landfill with sufficient permitted capacity to
accommodate the Project's solid waste disposal needs; therefore, this impact is
less than significant and no mitigation
is needed.I. Impact 5./0.5.12: Comply with federal, state, and
local statutes and regulations related to solid waste. This is a
less.
than-significant impact.FINDING: The City Council finds that the Project
will comply with federal, state, and local statutes and regulations related
to solid waste;therefore, this impact is less than significant and
no
mitigation is needed.m. Impact 5./0.5./3: Significant increased demand
on other public facilities (electricity and natural gas). This
is
a
less-
than-
significant
impact.LOSAU2839v2
The Block al Oranl!e Expansion CEQA Findings
FINDING: The Cily' Council finds that implementation of Ihe Projecl
will nol result in significanl increased demands on other public
facililies, such as Ihose associaled with Ihe pro\'ision of electricity or
natural gas; therefore, Ihis impacl is less than significanl and no
mitigation is necessat.y.
II. Recreation
a. Impact 5.11.4.1: Increase the use of existing neighborhood and
regional parks or other recreational facilities such that substantial
physical deterioration of the facility would occur or be accelerated This
is a less.than.significant impact.
Proiecl Design Feature 5.11.4.la The proposed project is subject to the
City's park fee, which currently amounts 10 $9,506 per residential unit.
Proiect Design Feature 5.11.4.lb The proposed apartmenl complex shall
include a minimum of 150 square feet per residential unit of
indoor/outside common recreational area on-
site.FINDING: The City Council finds Ihal implementation of the
Project will have a less-Ihan-significant impact regarding an
increase in the use of existing neighborhood and regional parks
or other recreational facilities such that substantial physical delerioration
of the facility would occur or be accelerated, and Iherefore
no mitigalion is required; however, the City Council finds
that implementalion of Project DesignFeatures 5.11.4.la and b, will
further reduce Ihe degree of
Ihis less-Ihan-significantimpact.b. Impact 5.11.4.2: Include
recreational facilities or require the construction or expansion of recreational
facilities which might have an adverse physical effect on the environment. This
is
a less.than.significant impact.Proiect Dcsign Feature 5.11.4.
1 a See discussion above.FINDING: The City Council finds
that implementation of the Project will have a less-than-
significant impact with regard to requiring the construction or
expansion of recreational facilities which might have an adverse physical
effect on the environment, and therefore no mitigation is
required; however, Ihe City Council finds thatimplemenlalion of Project Design
Feature 5.11.4.Ia will further reduce Ihe
degree of this less-than-significant impact. Although the
Project includes the construction of recreational facilities, Ihe City Council finds
thai the impacts resulting from Ihe construction of these facililies
have been adequately examined in the Air Quality, Noise,and Traffic
seclions of the EIR, Additionally, the City Council finds that
those impacts have
been
The Block at Orange Expansion CEQA Findings
impacts Ihat remain significant after miligalion are acceplable for Ihe
reasons sel forlh in Sec\ion I1F of Ihese Findings.
12. Traffic and Cirwlation
a. Impact 5.12.4.1: Cause an increase in traffic that is substantial in
relation to the existing traffic load and capacity of the street system (Year
2010). This is a potentially significant impact.
Mitigation Measure 5.12.4.la The City Drive and Chapman Avenue
inlerseclion: The project shall provide fair.share funding to the Cily of
Orange for the restriping of the fourth northbound through lane as a shared
through/righi-turn Jane and the inslallation of a video surveillance
syslem.Mitigalion Measure 5.12.4.lb Lewis Slreel and Garden Grove
Boulevard intersection: The project shall provide fair-share funding to the
Cily of Orange for the conversion of the two soulhbound through lanes 10
a shared through/righHurn lane and a righl-lurn lane, addition
of a westbound right-turn lane, and installation of
a video surveillance system.Mitigation Measure 5.12.4.lc The City
Drive & Dawnffhe City Way intersection: TIle project shall provide fair-share
funding to the City of Orange for
the addition of a
2"d soulhbound left-Iurn lane.Mitigation Measure 5.12.4.ld
The City Drive & SR-22 Eastbound ramps intersection: The project shall
provide fair-share funding to the City of Orange for the conversion of
the eastbound right.tum
lane 10 a shared Ihrough/right.turn lane.FINDING: The
City Council finds that implemenlation of the Project may have
a potentially significant impact resulting from an increase in traffic in the year 2010
that is substantial in relation to the existing traffic load and
capacity of the street system. However, the City Councilfinds Ihat
implementation of Mitigation Measures 5,12.4.1a through d will
mitigate
this potentially significant impactto less than significant.b. Impact 5.12.4.2: Cause
an increase in traffic that is substantial in relation to the existing
traffic load and capacity of nearby freeway ramps
Year 2010). This is a less-than.significant impact.FINDING:
The City Council finds that implementation of the Project will not result in an
increase in 2010 that is substantial in relation to the
existing traffic load and capacity of nearby freeway ramps;therefore, Ihis
impact
is less than
significant
The Block al Orange Expansion CEQA Findings
c. ImpaCf 5124 J Cause an increase in lraffie Ihal is sLlbs/anlial in
relaTIOn TO The e,iSTing Traffic load and capaciTy of The sTral Inlem (Year
2(25) This is a pOlen/ially significanl impael
Mitigation Measures 5.12.4.1 a. b, c. and d Please see above.
FINDING: The City Council finds that implementalion of the Project
may have a polenlially significant impact resulling from an increase
in traffic in 2025 that is subslantial in relation 10 exisling traffic load
and capacity of the sired system. However, the Cily Council finds
thai implemenlation of Miligation Measures 5.12.4.Ia, b, c, and d will
mitigale Ihis potenlially significant impact to less than significant.
d. ImpacI5.12.4.4: CaLise an increase in traffic Ihat is substantial in
relation to the existing traffic load and capacity in nearby freeway ramps
Year 2025). This is a less-than.significant
impacl.FINDING: The City Council finds thai implementation of the
Project would not resull in an increase in Iraffic load and capacity in
nearby freeway ramps in 2025; Iherefore, this impact is less Ihan
significant and no mitigalion is
required.e. Impact 5.12.4.5: Generation of construelion.related vehicle
trips that is substanlial in relalion 10 the existing traffic load and capacity
of the Slreet system. This is a less-than.
significant impact.FINDING: The City Council finds that implementalion of
the Project would not resuI\ in conslruction-related traffic Ihat
is substantial in relation to exisling traffic load and capacily of
Ihe street syslem;Iherefore, Ihis impact is less than significant and
no
mitigation is required,f Impact 5.12.4.6: Substantially increase hazards due
to a design feature {Project entry from the SR.22 freeway
and inlernal circulation}.This is a
potentially significant impact.Miligation Measure 5.12.4.6a The applicant shall submit
for City review and approval a focused circulation
analysis demonstrating adequate circulation through the portion of the site effected
by the SR-22 improvements (i.e., the internal and external
ring roads). This analysis and detailed circulation plans shall be approved
prior to issuance of building permits for
structures in this area.FINDING: The City Council finds that
implementation of the Project may have a potentially significant impact
resulling from a substantial increase in hazards due to a design feature in
the project entry from the SR-22 freeway and in
internal circulaIion, However,
the
The Block al Orange Expansion CEOA Findings
Council finds that implementation of Mitigalion Measure 5.12.4.6a
will mitigate Ihis polenlially significant impaclto less Ihan significant.
g. ImpaC! 5.12.4.7: Result ill inadequate emergency access. This is a
less.than.significant impact
Mitigation Measure 5.10.5. I a Please see above.
Mitigation Measure 5.10.5. Ic Please see above.
Mitigation Measure 5.10.5. I d Please see above.
Mitigation Measure 5.1O.5.2a Please see above.
FINDING: The City Council finds that implementation of the Project
will have a less-than-significant impact as it would not
result in inadequate emergency access, and therefore no mitigation
is required;however, the City Council finds Ihat implementation
of Mitigation Measures 5.10.5.1a, c, and d, as well as Mitigation Measure5.10.
5.2a,will further reduce the degree of this less.
lhan-significant impact.Ii. Impact 5.12.4.8: Result in inadequate parking capacity.
This is a
patentially significant impact.MitigationMeasure 5. ]2.4.8a The applicant shall secure
a shared parking agreement to provide a minimum of 875 off.site parking
spaces for The Block's peak evening hours. These additional spaces may be
secured in a phased manner as required by the sequencing of
new construclion. Prior to the closure of any surface parking area, the applicant
shall submit proof to the City that a shared parking agreement has been
executed thaI will provide
adequate replacement parking.FINDING: The City Council finds that implementation
of the Project may have a potentially significant impact
resulting from inadequate parking capacity. However, the City
Council finds that implementation of MitigationMeasure 5,12.4.8a
would miligate this potentially significant impact to
less than significant.i. Impact 5.12.4.9: Require construction
of the proposed Metropolitan Drive extension to mitigate Project traffic
impacts on the surrounding area. Ihis is a
less-than. significant impact.FINDING: The City Council finds Ihat
implementation of the Project would not require Ihe construction
of the proposed Melropolitan Drive extension in order to mitigate Project
traffic impacts on Ihe surrounding area; therefore, Ihis impact is less
than significant and
no mitigation
is
required.
LOSAU2839.
The Block al Oran~e Expansion CEO!\. Findin~s
J. Impaer 5.12.4.10. Con/lier \l'ith adopted pohcies, plans. or
programs supporting alternative transportation. TI71.';' is a less-
Ihan-significant
impact FINDING: The Cily Council finds thai implemenlation of Ihe
Project would be consistent with Ihe OCTA Long Range Transportation
Plan.In addition, Ihe City Council incorporates its findings above
with regard 10 Impacts 5.7.4.2, 5.7.4.10, which analyze the consislency
of Ihe Project with regard to Ihe Growlh Management Chapter of
the Regional Comprehensive Plan and Guide (RPCG), the
Regional Mobility Chapter of the RPCG, Ihe Air Qualily Chapler of
Ihe RPCG, and the Circulation Elemenl of Ihe Orange General
Plan,respectively. The City Council finds Ihat implementalion of
the Project will not conOict with adopted policies, plans, or
programs supporting alternative transportation, and Ihat Iherefore Ihis
impact is less than significant and no miligation is
required.C. Other CEOA
Considerations 1. GrowthInducin!! Impacts Implementation of the Project will not
result in growth inducing impacts. as the Project will not remove an impediment
to growth. will not result in the urbanization of land in a remote location (i.
e..leapfrog development"), will not induce substantial economic and
population growth in the region, and will not result in the construction of
significant additional housing. 1Ms impact is less than
significant.FlNDING: CEQA Guidelines !i15126 requires consideralion of Ihe potential
growth inducing impact of proposed projects, including the ways in which "the
proposed project could fosler economic and population growth, or Ihe construction
of additional housing, either directly or indirectly, in Ihe
surrounding environment....and the characteristic of some projects which may encourage
or facilitate other activities Ihat could significanlly affect the environmenl,
either individually or cumulatively." As indicated by Ihe Final EIR, Ihe Project site
is already developed and is located in a highly urbanized setting, Ihe Project will
not result a substantial extension of infrastructure, and would not open up
undeveloped areas to new development. On this basis, Ihe City Council hereby finds that
the Project will not result in growth inducing
impacts.2. Si!!ni/icant Irreversible Environmental Effects Implementation of
the Project will not result in significant irreversible environmental impacts, as
the Project will not represent a significant change in the use of non.
renewable resources, result in irreversible damage to the environment, or result in
a wasteful or unjustifiable use of energy or other resources. 1his impact is
less than
significant.FlNDING: CEQA Guidelines !i15126.2(c) indicates that Ihe "uses of
nonrenewable resources during the initial and continued phases of a project may be
irreversible WSAJ:72839.
v2
31
The Block at Orange Expansion CEQA f'indings
since a large commitmenl of resources makes removal or non-use
thereafter unlikely." As indi('aled in Ihe Final EIR, ronstruction and operalion of the
Projed would necessarily consume cerlain limited, slowly renewable and non.
renewable nalural and energy resources. These resoun'es are similar to those
currently utilized by existing developmenl on Ihe project site, and the consumption
of resources proposed with respecl 10 the Projecl is less Ihan significant
when compared to exisling local and regional consumplion levels. Finally, Ihe City
has instituted and will continue efficient energy use and conservation practices,
as described in the Final EIR. On Ihis basis, Ihe City Council hereby find that
Ihe Project will nol result in significant irreversible environmental
changes.D, Mitigation Monitoring and Reporting
Program Public Resources Code ~21081.6 and CEQA Guidelines ~1509I(d) require the lead
agency approving a project to adopt a Mitigation Monitoring Program for the changes to the project
that it has adopted or made a condition of project approval in order to ensure compliance
during projecl implementation. The Mitigation Monitoring Program adopted by the City
Council requires the City to monitor mitigation measures designed to reduce or eliminate
significanl impacts, as well as those mitigation measures designed to reduce environmental impacts
which are less than significant. The Mitigation Monitoring Program includes all of the
Mitigation Measures and Project Design Features identified in the Final EIR and has been designed
to ensure compliance during implementation of the
Project.I) The City Council finds that the impacts of the Project have been mitigated to the
extent feasible by Ihe Mitigation Measures identified in the Final EIR and in the
Mitigation Monitoring Program. The City Council adopts the Mitigation Monitoring Program
for the Project that accompanies the Final EIR. The Mitigation Monitoring
Program designates responsibility and anticipated timing for the implementation of miligation
and conditions within the jurisdiclion of the City. Implementation of the Mitigalion
Measures specified in the Final EIR and the Mitigalion Monitoring Program will be
accomplished through administrative conlrols over Projecl implementation, and monitoring
and enforcement of these measures will be accomplished through verification in
periodic Mitigation Monitoring Reports and periodic inspection by appropriate City
personnel.The Cily reserves the right to make amendments and/or substitutions of
Mitigation Measures if, in the exercise of discretion of the City, it is delennined thai the amended
or substituted Mitigation Measure will mitigate the identified potential
environmental impact 10 at leasl the same degree as Ihe original Mitigalion Measure, or would attain
an adopted perfonnance standard for miligalion, and where the amendment or
substitution would not result in a new significant impact on the environment which cannot
be
mitigaled.2) The City Council finds that Project Design Fcalures incorporated into the Project
and identified in the Final EIR and in Ihe Mitigation Monitoring Program will eliminate
the potential for certain environmental impacts, as indicated in the Final
EIR.Implementation of the Project Design Fealures specified in the Final EIR and
Mitigation WSAl :72839_
v2
The Block at Oranl(e Expansion CEQA Findinl(s
Monitoring Program wdl be accomplished in the same manner as the Mitigation
Measures. and will he enforceable to the same extenL The City reserves the right to
make amendments and/or substitutions of Project Design Fealures if. in the exercise of
discretion of the City, it is delermined that the amended or substituted Project Design
Feature will eliminate the potential for an environmental impact to at least the same
degree as the original Project Design Feature, and where the amendment or substitution
would not result in a new significant impact on the environment which cannot be
mitigated.
E. Alternatives
The Fina] EIR evaluated a reasonable range of potential alternatives to the Project, both
on-site and off-site. In compliance with CEQA and the CEQA Guide]ines,
the alternatives analysis also included an analysis of a No Project Alternative and discusses
the environmentally superior alternative. The analysis examined the feasibility of each alternative,
the environmental impacts of each alternative, and the ability of each alternative to meet the
project objectives identified in Section 4.2.] of the
Final ElK The City Council certifies that it has independently reviewed and
considered the information on alternatives provided in the Final EIR and the administrative record,
and finds that all the alternatives are infeasible or undesirable in comparison to the Project for
the reasons set
forth below.I,
Project Objectives The City Council finds that the project objectives for the Project are as
described to Section 4.2.1 of the Fina] EIR. In summary, these specific project objectives
are to:Provide an expanded economic base for the City by generating substantial property
and sales tax revenue, as well as additional hotel
bed taxes;Provide housing options for those who wish to live within walking distance
of commercial and retail establishments including offices, retail, dining,
and entertainment;Provide employment opportunities during Project operation
and construction;Reduce the amount and length of vehicle trips made in the City, thereby reducing
area air emissions as well as noise and traffic impacts, by providing residential uses
next to neighborhood services as well as retail and
entertainment opportunities;Utilize architectural design, lighting, landscaping, and signage to gtve the
Project a distinctive and
pleasing appearance;Provide all infrastructure necessary to meet the demands of the Project in an
efficient and
cost-effective manner;Provide housing in the City in order to meet the high demand in this sector
of
the housing
market;
The Block at Oranl(e Expansion CEQA Findinl(s
Enhance the vitality of The Block as a high-quality commercial, retaIL and
entertainment development consisting of a diversity of pedestrian.oriented
uses:Promote development in an orderly and coheSIve manner for the enlire ProJect site and
avoid the undesirable and unplanned effects of locating the proposed uses on different
parcels throughout the
City;Provide for the evolution of The Block from an exclusively retail- and
entertainment-oriented center to a mixed-use development consisting of residences and hotels that
will further the site as a vital destination
in the City;Attract additional shoppers and tenants to The Block by providing
additional quality retail development, thereby enhancing one of the premier entertainment and retail
centers in the County and reinforcing the prominence of the City
in the area.Meet the demand in Orange County for more residential and hotel
opportumlJes to a development that is centrally located and with easy access to
three nearby freeways;Provide retail, dining, and entertainment options within walking distance of
City hotels and make visitor stays more enjoyable, thereby increasing the likelihood that
visitors will return
to City hotels;Focus development on the site with the greatest ease of access for
patrons arriving from diverse portions
of the County.2.
No Project Alternative In accordance with CEQA and the CEQA Guidelines, the Final EIR
evaluates the "No-Project Alternative," which compares the impacts of approving the Project with
the impacts of not approving it. Under the No Project Alternative, the expansion at The Block
at Orange would not occur, and the Block would remain as currently developed with 889,198
square feet GBA of retail,
restaurant, and entertainment space.
Relationship to Project Objectives The No Project Alternative does not fulfill any of the project
objectives. Under the Alternative,none of the proposed development would be implemented. Economic benefits to
the City in the form of increased revenues would therefore not occur. In addition,
maintaining the status quo would not increase the attractiveness of The Block to consumers and
would not augment The Block's stature as a premier shopping destination in Orange County.
Objectives relating to the creation of new jobs during both operational and construction phases
of the proposed project would
also not be achieved.Adoption of the No Project Alternative would not bring
the proposed mixed-use development aspect to The Block as well. Opportunities for the creation
of a more vibrant pedestrian-oriented locale would be lost, as well as for the provision of a housing option
for those who wish to live in close proximity to shopping, entertainment, and dining.
The No Project
Alternative
will
The Block at Oranl(e Expansion CEQA Findinl(s
serve to add a stable demographic element to the visitor base, 'lIld wdl not increase the ability for
The Block to remain an allractlve and desirable venue for shppplIlg and entel1ainment for visitors
in all age groups. Moreover, the No Project Alternati\c \\111 nol bring" 24-hour population
to the site. and will not provide for an opportunity to promote the maturation of the
targeted clientele at The Block. increasing both an actual and perceived sense of security and
comfort.Maintenance of the status quo would also result in needs for new commercial, residential,
and hotel growth being meet in other disparate locations. This would result in land use
inefficiencies,and would not result in a decrease in trips (and attendant noise and air quality impaets)
that would accompany the proposed
project.FINDING: Pursuant to Public Resources Code g2J08J(a)(3) and
CEQA Guidelines gJ5091(a)(3) The City Council finds that the No Project Alternative
is rejected because it does not attain any of the Project Objectives, as
indicated
above,3. General Plan Site Build-
Out Alternative This Alternative would allow development of the site up to the density permitted
under the General Plan, which is a maximum of 450,000 square feet (GBA) of retail
space exclusively.This calculation does not include any office development. 'This Alternative would allow
3.75 times the amount of retail proposed as part of the current project, but it would
eliminate the apartment complex and hotel development. The amount of additional parking required
under this altemative would be less than the current project, but because any additional
development would involve displacement of existing surface parking, this alternative would still
require the introduction of structured parking to
The Block.Relationship to
Project Objectives Implementation of this Alternative would result in new signifieant impacts in the
area of Traffic and Circulation and Population and Housing. Also, significant
irnpacts with regard to Air Quality and Noise would be greater than those of the proposed
project. The Aesthetics impact would be reduced slightly under this Alternative, but it
would remain significant. Additionally, objectives regarding the provision of housing and
the creation of a mixed-use community would
not be obtained.Specifically, the following Project Objectives would
not be met:Provide an expanded cconomic base for the City by generating substantial
hotel bed taxes;Provide housing options for thosc who wish to live within walking
distance of commercial and retail establishments including offices, retail,
dining, and entertainment;Reduce the amount and length of vehicle trips made in the City, thereby
reducing area air emissions as well as noise and traffic impacts, by providing residential
uses next to neighborhood services as well as retail
and entertainment opportunities;
LOSAI:
72839.v2
35
The Block at Oranl(e Expansion CEQA Hndinl(s
Provide housing in the City in order to meet the high dem~nd in this sector of the housing
market;
Enhance the vitality of The Block ~s ~ high-qu~Jity commercial, ret~il, ~nd entert~
inment development consisting of a diversity of pedestrian-
oriented uses;Promote development in an orderly and cohesive manner for the entire Project site
and avoid the undesirable and unplanned effects of locating the proposed uses on
different parcels throughout
the City;Provide for the evolution of The Block from an exclusively retail-
and enterlainment-oriented center to a mixed-use development consisting of residences and hotels
that will further the site as a vital
destination in the City;Meet the demand in Orange County for more residential and
hotel opportumtJes III a development that is centrally located and with easy access to
three nearby freeways; and Provide retail, dining, and entertainment options within walking distance
of City hotels and make visitor stays more enjoyable, thereby increasing the likelihood
that visitors will
return to City hotels.FINDING: Pursuant to Public Resources Code S2I081(
a)(3) and CEQA Guidelines SlS091(a)(3) The City Council finds that
the General Plan Site Buildout Alternative is rejected because it does
not eliminate or substantially reduce any of the Project's significant
and unavoidable impacts. Moreover,this Alternative cannot attain many of the City's
objectives, and does not attain others to the same
extent as the Project.4. Reduced
Project Alternative I (Aesthetics).Under this Alternative, the residential components of the proposed project
would be designed to more closely mateh the Terrace Apartments to lessen any perceived
aesthetic impacts. As a result, the current proposal to develop an apartment complex on eight acres
would be reduced to a rnaximum of three stories. The current concept has one subterranean parking
level, one at grade and one elevated level and four apartment levels above parking, for a total
of six levels above grade. It is assumed that the number of apartment units
would be reduced accordingly approximately by half). The mixed-use component within Building 3
would be modified to have one retail level on the ground floor with two floors of lofts above,
as compared to the proposed project, where Building 3 consists of ground-floor retail and three
levels of lofts. The hotel and retail components of this Alternative would be the same as
the proposed project in both scope and scale. Thus, the level of construction involved with
this Altemative would only differ from that of the proposed project to the extent that the apartment
complex would be reduced by three floors and Building 3 would be reduced by one floor;
other projects components would not be affected. Additionally, because the number of residenti~
1 units would be approximately halved,there would be a corresponding decrease in trip gener~tion,
which would affect impacts in the areas of Traffic
and Circulation, Air
Quality,
and Noise
The Block at Oranl(e Expansion CEQA Findilll(s
Relationship 10 Project Objectives
This Alternative would reduce Aesthetic impacts to less-than-
significant impacts.However, significant impacts with regard to Air Quality, and Noise would
not be reduced to less-than-significant, although they
would be slightly decreased.Additionally, this Alternative does not succeed in
creating a pedestrian, mixed-use community to the extent
that the proposed project does.Specifically, the following Project
Objectives would not be met:Provide housing options for those who wish to Jive
within walking distance of commercial and retail establishments including
offices, retail, dining, and entertainment;Reduce the amount and length of vehicle trips made in the
City, thereby reducing area air emissions as well as noise and traffic impacts, by
providing residential uses next to neighborhood services as well
as retail and entertainment opportunities;Provide housing in the City in order to meet the high demand in
this
sector of the housing market;Provide for the evolution of TIle Block from
all exclusively retail- and entertainment-oriented center to a mixed-use development consisting of
residences and hotels that will further the site as
a vital destination in the City; and Meet the demand in Orange County for
more residential and hotel opportunities In a development that is centrally located and
with easy access to three nearby freeways.FINDING: Pursuant to
Public Resources Code g21081(a)(3) and CEQA Guidelines glS091(a)(
3) The City Council finds that the Reduced Project Alternative
1 (Aesthetics) is rejected because it only eliminates or substantially reduces
one of the Project's significant and unavoidable impacts (
Aesthetics), but does not reduce others (Air Quality and Noise),
Moreover, this Alternative cannot attain many of the City's objectives, and does not
attain others
to the same extent as the Project.
S. Reduced Project Alternative II (Air Quality)Under this Alternative, development was reduced in order
to fall below the South Coast Air Quality Management District (SCAQMD)
significance thresholds for air quality impacts. To achieve the necessary reductions in
operational air emissions to meet these SCAQMD thresholds, the projeet was reduced in size to 100 residential
units, 75 hotel rooms, and 50,
000 square feet of
retai I space_
Relationship
to
The Block at Oranl(e Expansion CEQA .Findinl(s
The Reduced ProJect Alternative 11 (Air Quality) would not result in the achievement of most of
the project objectives. The greatly-reduced sole of developmen' would lessen ,he Increase
in revenues to the City, and would not noticeably increase the stature of The Block In the region
or its allraetiveness to consumers. Additionally, the benefils and vitalily that were sought
in creating a mixed-use community would be largely omilled, owning to the small
scope of residential development under this Alternative. This Alternative reduces significant
impacts to less than significant with regard to Aesthetics, operational Air Quality impacts,
and Noise.However, it meets few of the
project objectives.Specifically, the following Project Objectives would not
be met:Provide an expanded economic base for the City by generating substantial property
and sales tax revenue, as well as additional hotel
bed taxes;Provide housing options for those who wish to live within walking distance
of commercia]and retail establishments including offices, retail, dining,
and entertainment;Provide employment opportunities during Project operation
and construction;Provide housing in the City in order to meet the high demand in this sector of
the
housing market;Enhance the vitality of The Block as a high-quality commercial,
retail, and entertainment development consisting of a diversity
of pedestrian-oriented uses;Promote development in an orderly and cohesive manner for the entire
Project site and avoid the undesirable and unplanned effects of locating the proposed
uses on different
parcels throughout the City;Provide for the evolution of The Block from an
exclusively retail- and entertainment-oriented center to a mixed-use development consisting of residences
and hotels that will further the site as
a vital destination in the City;Attract additional shoppers and tenants to The
Block by providing additional quality retail development, thereby enhancing one of the premier
entertainment and retail centers in the County and reinforcing the prominence
of the City in the area.Meet the demand in Orange County for more
residential and hotel OpportuOltles in a development that is centrally located and with easy
aceess to three nearby freeways; and Provide retail, dining, and entertainment options within
walking distance of City hotels and make visitor stays more enjoyable, thereby increasing
the likelihood that
visitors will return to City hotels_FINDING: Pursuant to Public
Resources Code ~21081(a)(3) and CEQA Guidelines ~1509I(a)(3)
The City Council finds that the Reduced Project Alternative II (
Air Quality)
is
rejected because even LOSAU2839.
v2
The Block at Oranl(e Expansion CEQA Findinl(s
though it eliminall's or substantially reduecs thc Project's significanl
and unavoidable impacts, it cannot attain many of the City's
objcctives, and cannot attain others to the salllc extcnt as the Projecl.
6. Preferred Alternative Site
The Preferred Alternative Site is currently developed as the Century Plaza, a retail and
entertainment center with a multiple screen movie theater, restaurants, and retail shops_ The
center would be appropriate for mixed-use development, although the 12.3 acres available
for redevelopment is smaller than the minimum 17 acres needed to develop the proposed
projecl.The development area would be located in the parking lot of the center, between the
existing movie theater in the northeast and a small hotel to the southwesl. Six other potential
alternative sites were examined in the Final EIR, but were eliminated from further review for the
reasons explained in the Final
EIR.Relationship to Project
Objectives This Alternative would provide the City with increased revenues and would provide new
retail and housing opportunities to area consumers. However, this Alternative would not augment
the attractiveness of The Block, and would not take advantage of synergistic benefits from
pairing the projecl with this existing developmenl. While this site has existing retail and
entertainment venues on-site, the general area has less intensive development and thus, a much
lower potential to benefit from the provision of new housing, retail and hotcl components.
lllis Alternative would reduce the proposed project's significant impact regarding Aesthetics to
less than significanl. This Alternative would be slightly worse in terms of impacts
on operational emissions and traffic. Because of this Alternative's reduced ability to crcate
a pedestrian-friendly, intense mixed-use development within an arca that would support such uses,
it is less desirable than the proposed project for this
type of developmenl.Specifically, the following Project Objectives would
not be met:Provide housing options for those who wish to live within walking
distance of commercial and retail establishments including offices, retail,
dining, and entertainment;Reduce the amount and length of vehicle trips made in the City, thereby
reducing area air emissions as well as noise and traffic impaets, by providing residential
uses next to neighborhood services as well as retail
and entertainment opportunities;Provide housing in the City in order to meet the high demand in this sector
of
thc housing market;Enhance the vitality of The Block as a high-quality
commercial, retail, and entertainment development consisting of a
diversity
of
pedcstrian-oriented uses;LOSAU2839v2
The Block at Oranl(e Expansion CEQA Findinl(s
Promote development in ~n orderly and cohesive lTl~nner for the entire ProJect site and ~void
the undesirable and unpl~nned effects of locating the proposed uses on d,fferent p~rcels
throughout the City:
Provide for the evolution of The Block from an exclusively retail- and entertainment-
oriented center to a mixed-use development consisting of residences and hotels that will
further the site as a vital destination in
the City;Attract additional shoppers and tenants to The Block by providing additional
quality retail development, thereby enhancing one of the premier entertainment and retail centers
in the County and reinforcing the prominence of the City in
the area.Meet the demand in Orange County for more residential and hotel opportunities
III a development that is centrally located and with easy access to three
nearby freeways;Provide retail, dining, and entertainment options within walking distance of City
hotels and make visitor stays more enjoyable, thereby increasing the likelihood that visitors
will return to City
hotels; and Focus development on the site with the greatest ease of access for patrons
arriving from diverse portions of
the County.F1NDlNG: Pursuant to Public Resources Code ~2108l(a)(3)
and CEQA Guidelines ~15091(a)(3) The Regents finds that the Preferred
Alternative Site is rejected because it only eliminates or substantially reduees one
of the Project's significant and unavoidable impacts (Aesthetics)
while worsening two others (Air Quality and Noise). Moreover, this Alternative
cannot attain many of the City's objectives, and does not attain others to the same
extent as
the Project.7. Environmentally
Superior Alternative Of the Alternatives analyzed in the Final EIR, the No Project Alternative is the
most successful at reducing the significant impacts of the proposed project to less than significant.
According to CEQA Guidelines Section 15126.6, however, the No Project Alternative may not be
selected as the Environmentally Superior Alternative. Insofar as the Reduced Project Alternative
n (Air Quality) reduces significant impacts with regard to Aesthetics, Air Quality, and
Noise, this Alternative is selected as the Environmentally Superior Alternative. However, beeause
of its failure to meet project objectives, it is rejected
as infeasible.FINDING: The City Council finds that in the short term,
the No-Project Alternative to the Project is the environmentally
superior alternative because it would not result in any of the impacts identified for the
Project. The City Council further finds that of the other
alternatives considered, Reduced Project Alternative II (Air Quality) would be
considered the environmentally superior alternative. Due to this Alternative's
infeasibility, Reduced Project Alternative I is considered the
Environmentally Superior Alternative.
WSA
U2839.
The Block at Oranl(e Expansion CEQA Findinl(s
8. Alternatives Suggested by Comments on the Draft EIR.
In the comments on the Dlaft EIR, a number of alternalives to the Project and to various
components of it, were suggested by several commenters. With respect to the alternatives that
were proposed in the comments, and not further analyzed by the Final EIR, the responses to
comments in the Final ETR explain why the proposed alternatives are infeasible. The City
Council hereby adopts and incorporates by reference the reasons stated in the response to
comments contained in the Final EIR as its grounds for rejecting further analysis or adoption of
these proposed alternatives.
F. Statement of Overridinl( Considerations
1. Impacts That Remain Significant
As discussed above, the City Council has found that the following impacts of the Project
remain significant, either in whole or in part, after adoption and implementation of all the
mitigation measures provided in the Final EIR:
Number Impact
5.1.5.3 Substantially degrade the existing visual character or quality of the site
and its surroundings.
5.2.4.2 Violate any air quality standard or contribute significantly to an existing
or projected air quality violation as a result of construction activity.
5.2.4.3 Violate any air quality standard or contribute significantly to an existing
or projected air quality violation as a result of project operation.
5.8.5.4 Result is a substantial temporary or periodic increase in ambient noise
levels in the project vicinity above levels existing without the project
for Sunday construction).
2. Overriding Considerations
In accordance with CEQA Guidelines Section 15093, the City Council has, in detennining
whether or not to approve the Project, balanced the economic, social, technological and other
benefits of the Project against its unavoidable environmental risks, and has found that benefits of
the Project outweigh the significant adverse environmental effects that are not mitigated to less-
than-significant levels, for the reasons set forth below. This statement of
overriding considerations is based on the City Council's review of the Final EIR and other information
in the administrative record, including but not limited to the Project. The City Council hereby
finds that each of the reasons stated below constitutes a separate and independent basis of
justification for the Statement of Overriding Considerations, and each is able to independently support
the Statement of Overriding Considerations and override the Project's significant and
unavoidableI.OSAU2839.
v2
41
The Block at Oranl(e Expansion CEQA Findings
environmental effects. In addilion. each reason IS independenlly supported by substanlial
evidence contained in the adminislratl\c record.
J. By definilion and by Its existence, The Block at Orange is and, at the complelion of the
Project, will continue to be, an enormous benefit and resource 10 the communily:
2, TIle Project wi]] provide an expanded economic base for the City by generating substantial
property and sales tax revenue, as well as additional hotel bed laxes, It is estimated that sales
tax and hotel bed tax revenue will be approximately
3. The Project will provide housing options for those who wish to live within walking distance
of commercial and retail establishments including offices, retail, dining, and entertainment,
and in so doing will reduce the amount and length of vehicle trips made in the City, thereby
reducing area air emissions as well as noise and traffic impacts;
4, The Project wi]] enhanee the vitality of The Block at Orange as a high-quality
commercial,retail, and entertainment development consisting of a diversity of pedestrian-
oriented uses,and provide for the evolution of The Block at Orange from an exclusively
retail- and entertainment-oriented center to a mixed-use development consisting
of residences and hotels that will further the site as a vital
destination in the City;5, The Project wi]] attraet additional shoppers and tenants to The Block
at Orange by providing additional quality retail development and adjacent hotels, thereby
enhancing one of the premier entertainment and retail centers in the County and reinforcing
the prominence of the
City in the area;6, The Project will provide employment for construction workers,
and will provide for approximately 400 permanent positions
required for Project operation;7, The Project will contribute $1,050,000 in traffic impact mitigation fees
to the City pursuant to the West Orange Circulation Study, which will partially fund the
completion of traffic and circulation infrastructure in the West Orange Circulation Study area that
will be needed to accommodate
demand from future growth;8, The Project will provide high quality on-site recreational
and open space amemlles for Project residents, including 75,000 square feet
of common outdoor recreational areas,including a swimming pool and playground, and 6,000
square feet of common indoor recreational amenities, including clubhouse and
gymnasium facilities, These facilities will enhance on-site recreational opportunities for residents, and
in so doing, reduce demand by project residents
for public parks and recreational facilities,9. The Project's residential uses will add a stable
demographic element to the visitor base,increasing the ability for The Block to remain an
attractive and desirable venue for shopping and entertainment for visitors in all age groups.
Moreover, the 24-hour population that the Project isintended to bring to the site wi]] promote
the maturation of the targeted clientele at The Block, increasing both an actual
and perceived sense
of
security
The Block at Oranl(l' EXJlansion CEQA f'indinl(s
10. When compared to the alternatives analyzed in the Final EIR (including the No Project
Alternative), the Project provides the best availahle balance between maximizlJlg satisfaction
of the proJect objectives and minimizing significant environmental Ilnpacts
G. Administratj,'e Record
Various documents and other materials constitute the record of proceedings upon which the City
Council bases its Findings and decisions contained herein. Documents related to the Final EIR
are located in the Department of Community Development, located at Orange City Hall, 300
East Chapman Avenue, Orange, Califomia 92866. Some documents included in the record of
proceedings may also be located at the offices of consultants retained by the City for this project.
The custodian for the record of the proceedings is the Director of Community Development for
the City of Orange_
H. Summary
I. Based on the foregoing Findings and the information contained in the
administrative record, the City Council has made one or more of the following findings with
respect to each of the significant environmental effects of the Project identified in the final EIR:
a. Changes or alterations have been required in, or incorporated into, the
Project which avoid or substantially lessen the significant environmental effects on the
environment.
b. Those changes or alterations are wholly or partially within the
responsibility and jurisdiction of another public agency and have been, or can and should be,
adopted by that other public agency.
c. Specific economic, social, technological, or other considerations make
infeasible the mitigation measures or alternatives identified in the Final EIR that would
otherwise avoid or substantially lessen the identified significant environmental effects of the
Project.
2. Based on the foregoing Findings and information contained in the record, it is
hereby determined that:
a. All significant effects on the environment due to approval of the Project
have been eliminated or substantially lessened where feasible.
b. Any remaining significant effects on the environment found unavoidable
are acceptable due to the factors described in the Statement of Overriding Considerations in
Section G, above.
III. APPROVALS
The City Council hereby takes the following actions:
LOSAI:72839_v2
43
T
The Block at Oranl(e Expansion CEQA Findinl(s
A. n,e City Council has certified the Final EIR for the Project in Seclion I,
above.
B. The Cily Council hereby adopts and incorporates into the Project all
Mitigation Measures and Project Design Features within the responsibility and jurisdiction of the
City as discussed in the Findings, Section Il(B), above.
C. The City Council hereby adopts the Mitigation Monitoring and Reporting
Program attached hereto and discussed in the Findings, Section Il(D), above,
D. The City Council hereby adopts these Findings in their entirety, including
the Statement of Overriding Considerations.
E. Having certified the Final EIR, independently reviewed and analyzed the
Final EIR, incorporated Mitigation Measures and Project Design Features into the Project, and
adopted the Findings (including the Statement of Overriding Considerations set forth therein),
the City Council hereby approves the Block at Orange Expansion project.
LOSA U2839 v2
44
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ATTACHMENTB
THE BLOCK AT
ORANGE EXPANSION
PROJECT
MmGAnON
MONITORtNG
PROGRAM
SCH # 2003081088
prepared for:
CtTY OF ORANGE
Contact:
Christopher Carnes,
A/CP, Senior Planner
prepared by:
THE PLANNtNG
CENTER
Contact: Dwayne S.
Mears, AJCP, Principal
JANUARY 13, 2004
300 East Chapman Avenue
PO Box 449
Onmge, CA 9266tH591
Phone: 714.744.7220
1580 Metro Drive
Costa Mesa, CA 92626
Tel: 714.966.9220 . Fax: 714.966.9221
E-mail: costamesa@planningcenter.
comWebs/te: www.planningcenter.
com THE BLOCK
AT ORANGE
EXPANSION
PROJECT
MITIGATION
MONITORING
PROGRAM SCH II
20030B1088 pnpartd
for:CITY OF
ORANGE Contact:
Christopher Carnes, A1CP,
Senior
Planner
pnpandhy:THE
PLANNING
CENTER Contact: Dwayne
S.Mears, A1CP,
Principal MILo07.
DE JANUARY 13 ,
Mitigation Monitoring Program for:
The Block at Orange Expansion Project
1. LEGISLATIVE MANDATE
The CalKornia Environmental Quality Act requires public agencies to adopt Mitigation Monitoring
Programs (MMPs) lor all projects for which an Environmental Impact Report (EIR) or Mitigated Negative
Declaralion has been prepared. This is intended to ensure the implementation of all Mitigation Measures
adopted through the CEQA process. In addition, the MMP lor The Btock at Orange Expansion Project
will also inctude the Project Design Features described in the Final EIR. in order to ensure that these
features are implemented.
The following is the full text of Public Resources Code Section 21081.6, which discusses mitigation
monitoring or reporting:
a) (1) The public agency shall adopt a reporting or monitoring program for the changes made
to the project or conditions of project approval, adopted in order to mitigate or avoid
significant effects on the environment. The reporting or monitoring program shall be
designed to ensure compliance during project implementation. For those changes which
have been required or incorporated into the project at the request of a responsible
agency or a public agency having jurisdiction by law over natural resources affected by
the project, that agency shall, if so requested by the lead agency or a responsible
agency, prepare and submit a proposed reporting or monitoring program.
2) The lead agency shall specify the location and custodian of the documents or other
material which constitute the record of proceedings upon which its decision is based.
b) A public agency shall provide that measures to mitigate or avoid significant effects on the
environment are fully enforceable through permit conditions, agreements, or other measures.
Conditions of project approval may be set forth in referenced documents which address
required mitigation measures or, in the case ot the adoption of a plan, policy, regulation, or
other public project, by incorporating the mitigation measures into the plan, policy, regulation,
or project design.
c) Prior to the close of the public review period for a draft environmental impact report or
mitigated negative declaration, a responsible agency, or a public agency having jurisdiction
over natural resources aJfected by the project shall either submit to the lead agency
complete and detailed performance objectives for mitigation measures which would address
the significant effects on the environment identified by the responsible agency or agency
having jurisdiction over natural resources affected by the project, or reter the lead agency to
appropriate, readily available guidelines or reference documents. Any mitigation measures
submitted to a lead agency by a responsible agency or an agency having jurisdiction over
natural resources affected by the project shall be limited to measures which mitigate impacts
to resources which are subject to the statutoI}' authority of, and definitions applicable to, that
agency. Compliance or noncompliance by a responsible agency or agency having
jurisdiction over natural resources affected by a project with that requirement shall not limit
the authority of the responsible agency or agency having jurisdiction over natural resources
affected by a project, or the authority of the lead agency, to approve, condition, or deny
projects as provided by this division or any other provision of law.
The MMP defined in this document is intended to satisfy the spirit and letter of this law.
The Planning Center Q'...lIL_OJv=..JElll\Bktt!Mir...I.,..,.....,.
Page I
Mitigation Monitoring Program for:
The Block at Orange Expansion Project
2. PROGRAM MANAGEMENT
The MMP for The Block at Otange expansion Project will be in place through all phases of the Project,inoluding design, construction, and operation. Enforcement of the MMP will be the responsibility of a
Project Manager from the City of Otange, under the direction of the City of Orange's Director of
Convnunity Development.
2.1 ROLES AND RESPONSIBlUTlES: PROJECT MANAGER
The designated Project Manager (PM) for the City will be assigned to supervise the design, construction,
and operation of the project and is responsible for overall management of the MMP, The PM is
thoroughly familiar with the project and qualified to determine If an adopted MiIigidIon Measure or
Project Design Feature is being property implemented or may draw upon other experts as Meded. ThePMaverse. the MMP and reviews the Reporting and Implementalion (R & I) fonns to ensure they are
flIIed out correctly and proper action is being taken on each Mitigation Measure or Project DesignFeature. The PM and/or an assignee wlll also be responsible tor the ftIting and updating of the R & I
forms during an phases of the Project. The PM will determine the need for a Mitigation Measure or
Project Design Feature to be modified and ensure the use of a mitigation specialist If technical expertisebeyondthatofthePMisrequired. tf it is found that an adopted Mitigation Meast.We or Project DesignFeatureisnotbeingpropertyimplemented, the PM consult with the project developer and, If appropriate,will require corrective actions to ensure adequate Implementation. The responsibilities of the PM includethefollowing:
1) A MMP reporting fonn will be prepared for each Project Design Feature or Mitigation Measure
identitied in the matrix attached hereto.
2) Appropriate specialists will be retained, as needed. to monitor speclftc mitigaIIon activilles and
provide appropriate written approvals to the PM.
3) The PM and/or an assignee will approve, by signature and date, the comp/ation of each action item
identifled on the MMP reporting form.
4) Aft MMP reporting forms for an impact Issue requiring no further monitoring will be signed off as
completed by the PM and/or an assignee at the bottom of the MMP reporting form.
5) Unanticipated circumstances may arise requiring the refinement or addition of Mitigation Measures
or Project Design Features. The PM is responsible for approving any such rafinements or additions.
An MMP reporting form will be completed by the PM and/or an assignee. The completed form will
be provided to the appropriate design, construction, or operational personnel.
6) The PM has the authority to stop the work of construction conlrectOfs if any aspect of the MMP is notincompliance.
2.2 MmGAnoN MONITORING PLAN PROGRAM DEFINmONS
The MMP consists of key program elements. The definitions of these elements are summarized below.
Tht Planning Center Q.\MII..IPlF-'I'IIttIr""N.._~Page 2
1
Mitigation Monitoring Program for:
TmBw~atOmn~E~amwnPr~m
Mitigation Monitoring Plan Files
Files will be established to document and retain records of the MMP. File organization will be
established by the PM according to Mitigation Measures/Project Design Features and project phases.
Reporting and Implementation Forms
R & I forms are designed to record the monitoring activity in a consistent manner with appropriate
approvals. The R & I form is placed in the MMP files. A copy of the form is included herein as
Attachment A.
environmental Compliance Verification
At the completion of construction contracts that are part of the overall devetopment of the project, a
verification of environmental compliance is executed by the PM. The verification ooncludes the
construction monitoring process for the contract
3. ENVIRONMENTAL ANALYSIS
The poliCies and procedures for the MMP desCribed herein are intended to provide focused, yet flexible,
guidelines for monitoring the imptementation of the Mitigation Measures and Project Design Features
adopted by the City of Orange. The Mitigation Monitoring Matrix tists each Mitigation Measure and
Project Design Feature adopted for the proposed Project, and each is numbered. The matrix oorrelates
each, by its assigned number, to the specific phase of the project 10 which it applies. The matrix also
provides the Project Manager (PM) a verification of compliance for each Mitigation Measure or Project
Design Feature during each applicable phase of the Project. The three phases include design/plan
check, construction, and operation. A Reporting and Imptementation (R & t) form (see Attachment A) wili
be prepared for each Mitigation Measure or Project Design Feature. After each is verified for compliance
during each phase, no further action is required for the specilic phase. The PM shall initial and date the
Mitigation Measure or Project Design Feature on the Mitigation Monitoring Matrix.
I is recognized that the Mitigation Measures and Project Design Features contained in this MMP may be
modified through future environmental review.
3. f DESIGN/PLAN CHECK PHASE
The design/plan check phase inctudes preparation of engineering design, architectural design, and
construction drawings by project design engineers and architects.
During the design/plan check phase activities (e.g., final site engineering, street improvement design),
the Mitigation Measure or Project Design Feature applicable to each design/plan check phase activity is
identified by the PM and reviewed with the design engineer, architect, or other responsible parties. The
PM reviews design and construction drawings and specifications to ensure all applicable adopted
Mitigation Measures and Project Design Features have been incorporated into the project design.
Review of specifications is particutarly important to clarify contractor responsibilities during construction.
Comments on design documents are provided by the PM 10 design engineers and architects. Upon
completion, the activity is reviewed by the PM to determine i1the appliCable mitigation has been
implemented. In the event the PM determines that there is noncompliance with any of the Mitigation
Measures or Project Design Features to be imptemented during the design/plan check phase, corrective
The Planning Center Q.\Mtl..lJ"F;..JEII(l,8Ld/ll.i<M..,P""V---
Page 3
T..-------..-..-.-..-----.--..-'~-..--.----.---..-.---- ----.--
Mitigation Monitoring Program for:
The Block at Orange Expansion Project
actions are required, and a follow-up review is conducted after the design documents are modified
in response to thePM's comments. The R & t foOllS are completed after each
activity.3.2 CONSTRUCTION
PHASE Construction activities are monitored as often as conditions dictate, to ensure that required mitigationisimplemented. Construction mitigation activities are monitored by the PM, or an
assignee.The PM and construction contractors will meet monthly to identity Mitigation Measures andProjectDesignFeaturesthatwouldbeappllcabletoconstructionactivitiesscheduledforthemonth, andtoreviewthemonitoringactivitiesofthepreviousmonth. The PM coordinates with affected IocaJagenciestoensuretheapplicablemitigationis
implemented.3.3 OPERATiONAL
PHASE Once the project is completed and operating, the PM continues to monitor the facility to verify thattheadoptedoperationalmitigationmeasuresareimplemented. The frequency of the monitoringIsdetenninedbythePM, but monitoring and reporting shall occur at Jeast annually. The PM isresponsibleforensuringcorrectionofnoncompliancesituationsthroughouttheoperationalphaseofthe
project.3.4 REFiNEMENT OR MDmON OF MmGATION
MEASURES During each phase, unanticipated circumstances may arise requiring the refinement or additionofMitigationMeasuresorProjectDesignFeatures. The PM is responsible for recommending changestomitigation, if needed. If Mitigation Measures or Project Design Features are refined, the PM and/or assignee will complete an R & I form documenting the change and win notify the constructioncontractorabouttherelined
requirements.4.
SUCCESSORS-iN-iNTEREST The requirements of this MMP run with the reat property that is the subject of
the Project. Successive owners, heirs, and assigns of this real property are bound to comply with applicablerequirementsof
the adopted MMP.Prior to any tease, sale, transfer, or conveyance of any portion of the real property that isthesubjectoftheProject, the record owner(s) at the time of the application for the Project, or hisorhersuccessors-io-interest, shall provide either a written notice or a copy of the adopted MMPtotheprospectivetessee,buyer, transferee, or one to whom
the conveyance is made.
5. Mn1GATION MONITORING MATRIX This section contains the Mitigation Monitoring Matrix for this project. It will beusedtomaintainrecordsofcompliance
with the adopted mitigation.Tilt Planning Cenrer Q;W'L-Ol\F_ EJ1NJlwA "'" M_
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Attachment A
THE BLOCK AT ORANGE EXPANSION PROJECT
MmGATlON MONITORING PROGRAM
REPORTING AND IMPLEMENTATION FORM
utttwdtlon Measure Number:
location On-site
Off-stte Project Phase DesIgn Construction
I
Operation Impacllssue DescrIption of Activity/Method
of
Implementallon:D1sposlUon Mitigation Measure for above-noled project phase Imptemented.
No further
action Is requited.Mitigalion measure for above-noled project phase
not fully Implemented. Further action
required (please explain below).Mitigation measure for above-noIed project
phase not In compliance. Further
action required (
please explain below).Comment/
Revisions:Compteted
by: Approved
by:Name
Name TItle TItle Date Date The Planning Center M'l.-Dll1''''''