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RES-9777 Adopting Mitigation Monitoring Program Fieldstone CommunitiesRESOLUTION NO. 9777 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTING MITIGATION MONITORING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS PERTAINING TO FIELDSTONE COMMUNITIES DEVELOPMENT CONSISTING OF APPROXIMATELY 110 ACRES OF LOW DENSITY RESIDENTIAL HOUSING, OPEN SPACE, MULTI- USE TRAILS AND PUBLIC PARK (GENERAL PLAN AMENDMENT NO. 1-01, TENTATIVE TRACT MAP NO.15750).APPLICANT: FIELDSTONE COMMUNITIES, INC.WHEREAS, Fieldstone Communities filed an application with the City to develop approximately 110 acres of property generally consisting of 44 acres of open space, including multi-use trails and a six acre public park and 66 acres for low density residential housing hereaft,~ r, the Project),WHEREAS, the Project applications include General Plan Amendment 1-01, Zone Change 1208-00 and Tentative Map No. 15750; and WHEREAS, the City Council held three duly advertised public hearings on July 22,2003, August 12, 2003, and September 9, 2003, for the purpose of considering the Project;and WHEREAS, in compliance with the California Environmental Quality Act evaluate the potential adverse environmental effects of the Project; and WHEREAS, by Resolution No, 9776, the City Council certified Final Environmental Impact Report No. 1647-00 at a legally noticed public hearing; and WHEREAS, Section 21081 ofCEQA and Section 15091 of the CEQA Guidelines require that the City Council make one or more of the following findings prior to approval of a project for which an ErR has been prepared identifYing one or more significant effects of the project, together with a statement of facts in support of each finding:1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment.2) Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should 3) Specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures or alternatives identified in the environmental impact report. WHEREAS, Section 15093(a) of the State CEQA Guidelines requires the City Council to balance the benefits of a proposed project against its unavoidable environmental risks in deternlining whether to approve the project and requires that where the occurrence of significant effects are identified in an EIR, but are not reduced to a level of insignificance, the City Council must state in writing the reasons to support its action based on the FEIR or other information in the record; and WHEREAS, in connection with the certification of the FEIR, the City Council reviewed Findings and Facts in Support of Findings and Statement of Overriding Considerations" hereafter, "Statement of Overriding Considerations") (Exhibit A); and WHEREAS, Section 21091.6 of CEQA requires that where an EIR has been prepared for a project for which mitigation measures are adopted, that a mitigation monitoring program be adopted; and WHEREAS, in connection with the certification of the FEIR, the City Council reviewed the Mitigation Monitoring Program, dated August 12,2003 (Exhibit B). NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Orange makes the following findings: That the FEIR was considered prior to approval of the Project and determined to adequately address all potentia] adverse environmental impacts of the proposed project and meets all CEQA and City requirements. 2. That the FEIR was certified by the City Council by Resolution No. 9776. 3, That findings have been adopted as set forth in Section 2]081 ofCEQA and Section 15091 of the CEQA Guidelines with respect to each significant environmental effect identified in the FEIR and each alternative considered in the FEIR and the explanation of the City Council's reasoning with respect to each such finding is set forth in the Statement of Overriding Considerations and incorporated herein by reference as though full set forth herein. 4. That it adopts the Statement of Overriding Considerations that the unavoidable significant environmental effects of the Project will be substantially lessened in their severity by the imposition of the mitigation measures identified in the FEIR and that the remaining unavoidable significant impacts are clearly outweighed by the economic, social, and other benefits of the Project, including, but not limited to, the creation of: 2 I) approximately 38 acres of open space and multi-use trails; (2) a six-acre public park with potential funding for $2.1 million in park improvements: (3) a two-acre equestrian facility; and (4) other dedications and improvements on or near the site as more fully set forth in the attached Statement of Overriding Considerations.5. That it adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit B, finding that it establishes a mechanism and procedures for implementing and verifying the implementation of and compliance with the Project Design Features, Standard Conditions and Mitigation Measures pursuant to Public Resources Code Section 21081.6,6. That its decision to approve the Project is based upon the record of proceedings,the custodian of which is the City Clerk of the City of Orange, 300 East Chapman Avenue, Orange, CA.ADOPTED this 14th day of October, 2003.l!ily~,~ C; ry ATTEST:Ad Cassandra J. Cat , City Clerk, City of Orange I, CASSANDRA J. CATHCART, 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 14th day of October,2003, by the following vote: AYES: NOES: ABSENT:ABSTAIN:COUNCILMEMBERS: Alvarez, Murphy, Coontz COUNCILMEMBERS: Ambriz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None Cassandra J. Cathc , City Clerk, City of FINDINGS AND FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR SULLY-MILLER/FIELDSTONE COMMUNITIES FINAL ENVIRONMENTAL IMPACT REPORT ORANGE, CALIFORNIA STATE CLEARINGHOUSE NO, 99101125 I. INTRODUCTION.The California Environmental Quality Act (CEQA), Public Resources Code Section 21081, and the State CEQA Guidelines, 14 CaL Code of Regs. Section 15091 requires that a public agency consider the environmental impacts of a project before a project is approved and make specific findings, CEQA Guidelines Section 15091 provides:a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be, adopted by such other agency.3, Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the final EIR.b) The findings required by subsection (a) shall be supported by substantial evidence in the record,c) The finding in subsection (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives, The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives.EXHIBIT " A"August 12, 2003 revised 9/23/ d) When making the findings required in subsection (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures, e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. CEQA Guidelines Section 15093 further provides: a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. If the specific economic, legal, social, technological,or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered acceptable".b) Where the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement of overriding considerations shall be supported by substantial evidence in the record,c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.Having received, reviewed and considered theSully-Miller/ Fieldstone Communities Final Environmental hnpact Report, SCH No. 99101125 (FEIR), which includes but is not limited to the Draft Environmental hnpact Report (DEIR), Responses to Comments on the DEIR, the Additional Analysis, dated March 3, 2003, Responses to Comments received on the Additional Analysis, and all other information in the record of proceedings on this matter, the following Findings and Facts in Support of Findings (Findings) and Statement of Overriding Conside:rations (SOOC) are hereby adopted by the City of Orange (City) in its capacity as the CEQA Lead Agency.These Findings set forth the environmental basis for current discretionary actions to be undertaken by the City for the implementation ofthe Sully- Miller/Fieldstone Communities 2 August 12, 2003 revised Project that includes a 2-acre private equestrian facility. These actions include approval of General Plan Amendment No. 1-01; Zone Change No. 1208-00; Tentative Tract Map 15750;Amendments to the Orange Park Acres Plan, and East Orange General Plan; Minor Site Plan Review No, 249-02; and Variance 2113-02, These actions are collectively referred to herein as the Project, and are described in more detail in Section II, below.A. Document Format These Findings have been organized into the following sections:I . Section I provides an introduction to these Findings.2. Section II provides a summary of the Project and overview of the discretionary actions required for approval of the Project, and a statement of the Project's objectives.3. Section III provides a summary the public participation in the environmental review for the Project.4. Section IV sets forth findings regarding those environmental impacts which were determined as a result of the Initial Study, Notice of Preparation (NOP) and consideration of comments received during the NOP comment period either not to be relevant to the Project or which were determined to clearly not manifest at levels which were deemed to be significant for consideration at the Proj ect -specific level.5, Section V sets forth findings regarding significant or potentially significant environmental impacts identified in the FEIR which the City hasdetermined are either not signit'icant or can feasibly be mitigated to a less than significant level through the imposition of project design features, standard conditions, and/or mitigation measures. In order to ensure compliance and implementation, all of these measures will be included in the Mitigation Monitoring and Reporting Program (MMRP)for the Project. Where potentially significant impacts can be reduced to less than significant levels through adherence to project design features and standard conditions, these findings specifY how those impacts were reduced to an acceptable level. Section 5 also includes findings regarding those significant or potentially significant environmental impacts identified in the FEIR which will or which may result from the Project and which the City has determined Calmot feasibly be mitigated to a less than significant level.6. Section VI sets forth findings regarding alternatives to the proposed Project.3 August 12. 7. Section VII consists of a Statement of Overriding Considerations which sets forth the City's reasons for finding that specific economic, legal, social, technological, and other considerations associated with the Project outweigh the Project's potential unavoidable environmental effects, H. Custodian and Location of Records The documents and other materials which constitute the administrative record for the City's actions related to the Project are located at the City of Orange, Planning Department, 300 East Chapman Avenue, Orange, California 92666-1591. The City Planning Department is the custodian of the administrative record for the Project.II. PROJECT SUMMARY A. Project Location The Project site is located in the City of Orange:, between Santiago Canyon Road to the south arid Mabury Avenue to the north. The Mabury Ranch community is located north of the Project site, and the Orange Park Acres community lies to the south of the Project site. The former Villa Park Landfill and Cannon Street lie on the west side of the Project site and residential uses and Santiago Oaks Regional Park (a County park) lie to the east of the Project site. The Project site is approximately 110 acres. Santiago Creek flows east-west through the Project site. The Project site has historically been used for the mining of sand and gravel and/or processing aggregate for approximately 50 years by the Sully-Miller Companies, and its successors. Current uses on the Project site include a concrete recycling operation, an industrial equipmt:nt yard and agricultural production. B. Project History In 1999, Fieldstone Communities submitted to the City of Orange its application to develop the Project site with a residential community consisting of a maximum of 189 single family homes on lots ranging from 8,000 to 22,000 square feet in size. Fieldstone Communities proposed the development of 171 homes south of Santiago Creek, and 18 single family homes with minimum lot areas of 8,000 square feet north of the Creek. Of the homes proposed to be constructed south of Santiago Creek, 158 would be constructed on lots with a minimum lot area of 8,000 square feet, and 13 were proposed on lots with a minimum lot area of 20,000 square feet. These 13 lots are located in the southeastern portion of the Project site adjacent to the existing residential development known as The Reserve. The application submitted in 1999 proposed the dedication of an approximately 4 acre park site in the southwestern comer of the Project site, and trails extending along Santiago Canyon Road, and the south side of Santiago Creek along the length of the Project site.As a result of comments received during the Planning Commission hearing process,Fieldstone Communities revised its application and submitted a revised project application to the City on January 2, 20m. A description of the revised project is set forth in Section II,C., below.4 August 12, 2003 revised C. Project Description Fieldstone Communities originally proposed to develop the Project site with a residential community of a maximum of 189 single family homes on lots ranging from 6,000 to 20,000 square f(,et in size (the "Original Project"). The Original Project was subsequently revised to provide for the development of a residential community of a maximum of 180 single family homes on lots ranging from 6,000 to 20,000 square feet in size (the "Revised Project"). Concum:nt with its resubmittal of the Revised Project, Fieldstone Communities also submitted an Altemative to the Revised Project that included development of a 2-acre private equestrian facility within the Project site ("Stable Alternative").After consideration of both the Revised Project and the Stable Alternative, the City has determined that the Stable Alternative should be approved. The Stable Alternative, hereinafter referred to in these Findings as the "Project," proposed the development of 183 single family homes on lots ranging from 6,000 to 8,000 square feet in size. Within the Project, 166 homes are proposedl south of Santiago Creek, and 17 single family homes with minimum lot areas of 8, 000 square ~eet are proposed north of the Creek. After consideration of public testimony and evaluation of all evidence before it in the administrative record, and in order to minimize aesthetic impacts and to increase the separation between the proposed Project and the existing Mabury residential community, the City Council requested and the Fieldstone consented not to develop residences on Lots 1-5 of Tentative Tract Map No. 15750. Single family residences were proposed to be constructed on these five lots which are located adjacent to Mabury Avenue,As revised, the Project now allows only 12 single family homes with a minimum lot area of 8,000 square feet on the area north of the Creek, These homes will also be limited to one- story in elevation.The City Council also determined that it could not make findings to authorize the granting of a variance (Variance 2113-02) to approve a substandard lot in that it did not find any special circumstances existing on the property such as size, shape, topography, location, etc.which would deprive the property of privileges enjoyed by others in the vicinity and under identical zoning classification. With the decision to deny the variance, the Project as approved consists of 177 single family residential lots.Of the homes proposed to be constructed south of Santiago Creek, 72 would be constructed on lots with a minimunl lot area of 6,000 square feet, 93 would be constructed on lots with a minimum lot area of 8,000 square feet. A 2-acre private equestrian facility would be develop(:d in the southeast comer of the site adjacent to the existing residential development known as The Reserve for use by project residents to be operated and maintained by the Project Homeowners Association. The facility could accommodate up to approximately 40 horses and would conceptually include 40 horse stalls, parking area for trailer storage and RV storage, and ancillary facilities such as turn-out rings, a hot walker, wash racks, manure and hay storage structures, maintenance sheds and restrooms. Access to the homes south of Santiago Creek will be provided from a single private street ingress/egress along Santiago Canyon Road within the Orange County Flood Control District Handy Creek Easement which is in line with Portsmouth Circle on the south side of Santiago Canyon Road. The proposed Project also includes private internal streets, open space and recreation areas, and riding and hiking trail linkages along Santiago Canyon Road and Santiago Creek, The Project proposes the dedication of 6 acres in the southwestern comer of the Project site to the City for local park use, and the funding of park improvements through a community facilities district. The Project provides for construction of almost 2 miles of new public recreational trails, One trail will run from the eastern Project boundary along the length of the Project site parallel to Santiago Canyon Road, and will extend from Santiago Canyon Road between the landfill and the proposed 6 acre park site to the multi-purpose recreational trail proposed along the south side of Santiago Creek. This trail is proposed to be a multi-purpose trail for use by hikers, mountain bikers and equestrians, and would be approximately 2, I 00 feet in length, The second trail is a multi-purpose recreational trail that will run north-south through the Project site over the Santiago Creek linking the trail along Santiago Canyon Road to the existing trail that runs along MabUlY Avenue, A third multi-purpose recreational trail is proposed on the south side of Santiago Creek, north of the future residential lots, A fourth trail is proposed for bicycles, and will be a paved surface trail that would be designed for future extension into the Santiago Oaks Regional Park to the east, and would be constructed to connect from the west boundary of the Project site, over the closed Villa Park Landfill to the existing bicycle trail at the Cannon Street Bridge,The Project also proposes to construct a permanent bridge structure approximately 12 feet wide to accommodate a multi-purpose trail crossing over Santiago Creek to provide a north south trail link between the recreational trails south of the creek and the existing trail along Mabury Avenue consistent with the City's Master Plan of Trails.The Project also proposes the dedicationto the City of a 0. 4 acre area located in the southeast comer of the project site to permit the future construction by others of the Santiago Canyon Road equestrian underpass or overpass currently reflected in the City's Master Plan of Trails,The Project also proposes to undertake bank stabilization along Santiago Creek through a system of subsurface structures that provide "hard" protection, and replacement of the existing riprap along Santiago Creek in the northeast comer of the Project site. The subsurface revetment would prevent erosion from occurring beyond a specific distance from the Creek and would be placed along the entire length of the north and south banks of the Creek, and into a portion of County-owned property along the eastern edge of the Project site.The Project site is currently designated R-A ( Resource Area) in the City's General Plan.The area south of the Creek is zoned S-G (Sand and Gravel) and the area north of the Creek is zoned R-I-8, single family residential/minimum lot area of 8,000 square feet. A portion of the Project site is within the East Orange General Plan (August 1975) which is a community or area plan that the City prepared for the East Orange area. The East Orange General Plan designates the portion of the Project site within its coverage as a regional park known as the Santiago Creek Greenbdt. The remaining portion of the Project site is contained within the boundaries of the Orange Park Acres Plan (September 1973) which is also regarded by the City as an area plan or community plan. The portion of the Project site within the Orange Park Acres Plan falls within Sector J of the Plan and is designatedopen space/ n. Discretionary Actions The Project proponent, Fieldstone Communities, has filed applications with the City for the following discretionary approvals: Amendment No. 1-01 to the City's General Plan to redesignate a portion of the property from R-A (Resource Area) to Low Density Residential ( LDR), 2-6 dwelling units per acre, Open Space (OS) and Open Space, Park (OS-P);Amendments to the Orange Park Acres Plan and East Orange General Plan to remove the Project site from these two plans;Zone Change No. 1208-00 from S-G (Sand and Gravel Extraction) to R-I-6 and R-I-8 (Single Family Residential) with lot sizes ranging from 6,000 to 8,000 square feet and to Recreational Open Space (R-O) along Santiago Creek, the proposed park site, and the 2 acre equestrian facility;Approval of Tentative Tract Map 15750;Minor Site Plan Review No. 249-02;Variance 2113-02 to reduce lot depth of one parcel;Other development permits, including Grading Permits, Tree Removal Permits,Haul Permit and Building Permits.As noted above, the City Council determined that the evidence before it did not support the granting of Variance 2113-02, and therefore, the City Council denied the requested Variance.In addition to the discretionary actions described above, Fieldstone Communities must also obtain discretionary approvals and permits from other state and local agencies, including National Pollutant Discharge Elimination System (NPDES) Permits from the Regional Water Quality Control Board;Mine Closure Report approval (State Department of Mines and Geology);Encroachment permits or easements from the County of Orange for access across the closed Villa Park Landfill for the multi-purpose trail, and to address an area of existing encroachment in the Santiago Oaks Regional Park and to extend the subsurface revetment wall onto County property;1603 Streambed Alteration Agreement from the: California Department of Fish and Game (CDFG); and Eo Statement of Project Objectives A number of Project-specific objectives have been formulated for the Project. These objectiv'~s include, but are not limited to, the following:1. Develop a high-quality residential community that is compatible with the surrounding residential uses and which provides a mix of residential lot sizes that provide a transition from half-acre lots (in the adjacent Reserve development) to 6,000 square foot lots within the Project.2. Redevelop the Project site with uses mor~: compatible with surrounding residential uses.3. Construct improvements outside of Santiago Creek to provide flood protection of the site in accordance with the standards of the Orange County Flood Control District.4. Provide for recreational and flood protection improvements along Santiago Creek in a manner that protects and enhances the existing biological, open space, and visual characteristics of the Creek area.Expand recreational opportunities by extending the eXlstmg trail network,completing segments of the City of Orange Master Plan of Bikeways and Recreational Trails Master Plan, providing land for the master planned future equestrian crossing of Santiago Canyon Road, and providing an area sufficient for active park uses.6. Provide for the transfer of privately-owned open space into public ownership and use.7, Construct or contribute to circulation improvements as part of the Project's development to provide increased traffic capacity along segments of Santiago Canyon Road and Cannon Street.8, Install as part of Project development a traffic signal at the Project entry on Santiago Canyon Road to provide safe access to residents and safer access to Santiago Canyon Road for vehicles using side street such as Jamestown Way and property south of Santiago Canyon Road.9. Provide for new equestrian facilities to help preserve and enhance the traditional rural neighborhood characteristics of Orange Park Acres, 8 August 12, 2003 III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION The environmental review process for the Sully-MillerlFieldstone Communities Project is summarized as follows:In accordance with CEQA requirements, the City prepared an Initial Study and published a Notice of Preparation (NOP) of a Draft Environmental hnpact Report DEIR). The NOP was filed with the State Clearinghouse on October 22, 1999,The State Clearinghouse assigned State Clearinghouse Number 99101125 for the document.The NOP and Initial Study were distributed to all responsible and trustee agencies and other interested parties on October 22, 1999, for a 30-day public review. The n:view period ended on November 24, 1999.Subsequent to publication of the October 22,1999, Notice of Preparation, changes were made to the proposed Project, including reducing the maximum number of dwelling units to 189, and elimination of development south of Santiago Canyon Road, A revisedInitial Study/Notice of Preparation was published on September 15,2000.The revised NOP and Initial Study were distributed to all responsible and trustee agencies and other interested parties on for a 30-day public review beginning on September 18, 2000 and ending October 18, 2000.The Notice of Preparation, Revised Notice of Preparation, Mailing Lists, and Comments Received on both the 1999 and 2000 Notices of Preparation are included in the Project DEIR at Appendix A.The City prepared a Notice of Completion dated August 30, 2001.The DEIR was distributed to agencies, interested. organizations, and individuals by the City. A forty-five (45) day public review period for the DEIR was established pursuant to CEQA which commenced on September 4, 2001 and ended on October 19, 2001.Comments received during the public review period for the DEIR were responded to as part of the Draft Final EIR, dated September 9,2002.The Draft Final EIR, dated September 9, 2002, was prepared for the Original Project and included responses to comments received on the DEIR and additional technical appendices,The Draft Final EIR was distributed to responsible agencies, agencies submitting comments on September 9, 2002. 9 August 12, As a result of comments made at the Planning Commission hearings and by City staff, the Proj'lct was revised as set forth above. The revised Project was evaluated against the Final EIR in the Additional Analysis Final Environmental hnpact Report, dated March 5, 2003, and responses to comments received on the Additional Analysis document were prepared in a document dated April 29, 2003. The following components comprise the Final EIR for the Sully- MillerlFieldstone Communities Project:a) Draft EIR, and Appendix Volume I and Volume II, dated August 28, 2001;b) Comments received on the Draft EIR and responses to those comments,published in Draft Final EIR Volumes I and II, dated September 9, 2002;c) Draft Additional Analysis Final Environmental hnpact Report Volume III, dated March 5, 2003;d) Responses to Comments included in th(~ Final EIR, dated April 29, 2003; and e) All analysis, attachments, incorporations, and references to the documents delineated in items a.-d., above., and submitted to the City as part of the EIR process.In addition to the Final EIR on the Sully-Miller/Fieldstone Communities Project, the City has also prepared and considered a Draft Mitigation Monitoring Program, dated July 22, 2003,that has been prepared in accordance withSection2108\.6 of CEQA which requires a public agency when making these findings to "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 signific,mt effects on the environment."The City Planning Commission considered the Final EIR on the Sully-MillerlFieldstone Communities Project at its hearings on October 7, 2002,October 21,2002, December 2,2002, May 5, 2003, and June 2, 2003.The City Council considered the Final EIR Final EIR for the Sully-MillerlFieldstone Communities Project at its hearings on July 22, 2003, August 12,2003, and September 9, 2003.IV. ENVIRONMENTAL EFFECTS WHICH WERE DETERMINED NOT TO BE POTENTIALLY AFFECTED BY THE PROPOSED PROJECT As a result of the Notices of Preparation circulated by the City on October 20, 1999, and September 15, 2000, the City determined, based upon the threshold criteria for significance, that the Project would have no impact on the following potential environmental effects, and 10 August 12, 2003 revised therefore, determined that the these potential environmental effects would not be addressed in the DEIR. Based upon the environmental analysis presented in the Final EIR, and the comments received from the public on the DEIR, no substantial evidence has been submitted to or identified by the City which indicates that the Project would have an impact on the following environmental areas: 1. Agricultural Resources: The proposed Project does not convert land that is designate:d as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance Farmland") as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency to non-agricultural use, nor does it conflict with existing zoning for agricultural use, or a Williamson Act contract. The Initial Study also concluded that the Project would not involve changes in the existing environment that could result in the conversion of Farmland to non- agricultural uses.2. Geology and Soils: Because the proposed Project does not propose the use of septic tanks or alternative wastewater disposal systems, the EIR does not address whether the soils are capable of supporting septic tanks, and the Project has no impact on the adequacy of soils to support the use of septic tanks.3. Hazards and Hazardous Materials: The Project site is not located within an airport l:md use plan, within two miles of a public airport, or within the vicinity of a private airstrip, would not result in any safety hazard for people residing or working on the Project site.4. Land Use and Planning: The Project site: is not located in an area of existing residential uses, and therefore would not physically divide an established community,5. Mineral Resources: The Project would not have any impact on the loss of availability of a known resource of regional value, or the loss of availability of a locally important mineral resource recovery site delineated on local plans,6. Noise: Because the Project site is not within an airport land use plan, within two miles of a public airport, or within the vicinity of a private airstrip, the Project would not expose people residing or working on the Project site to excessive noise levels,7, Population and Housing: As the Project site is vacant, the Project does not displace substantial number of existing housing or people necessitating the construction of replacement housing elsewhere.8. Transportation and Traffic: The Project has no impact on air traffic patterns.9, Utilities and Service Systems: The Project complies with federal, state and local statutes related to solid waste.11 August 12, 2003 revised V. FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS The following potentially significant environmental impacts were analyzed in the Final EIR. Wb.ere as a result of the environmental analysis of the Project and the identification of proj ect design features, compliance with existing laws, codes and statutes, and the identification of feasible mitigation measures, the following potentially significant impacts have been determined by the City to be reduced to a level of less than significant, the City has found in accordance with CEQA Section 21081(a)(I) and CEQA Guidelines Section 15091(a) (I) that Changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid th(: significant effects on the environment," which is referred to herein as "Finding I." Where the potential impact can be reduced to less than significant solely through adherence to and implementation of project design features or standard conditions, these measures are considered "incorporated into the project" which mitigate or avoid the potentially significant effect, and in these situations, the City also will make "'Finding I" even though no mitigation measures are required, but will find that the potential impact has been reduced to Less Than Significant through either project design features incorporated into the Project or adherence to standard conditions. Where the City has determined pursuant to CEQA Section 21081((a)(2) and CEQA Guidelines Section 15091(a)(2) that "Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency, the City's findings is referred to herein as "Finding 2." Where, as a result of the environmental analysis of the Project, the City has determined that either (I) even with the identification of project design features, compliance with existing laws, codes and statutes, and/or the identification of feasible mitigation measures, potentially significant impacts cannot be reduced to a level of less than significant, or (2) no feasible mitigation measures or alternatives are available to mitigate the potentially significant impact, the City has found in accordance CEQA Section 21081(a)(3) and CEQA Guidelines Section 15091(a)(3) that "Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact neport," referred to herein as "Finding 3." A. Aesthetics Potential Impact: Adverse Effects on a Scenic Vista. The proposed Project has a Less Than Significant impact on Aesthetics as it pertains to whether the Project would have a substantial adverse effect on a scenic vista, Finding: The City hereby makes Finding I and determines that this potentially significant impact is Less Than Significant by the implementation of project design features that are incorporated into the proposed Project. No mitigation measures were required or recommended. 12 August 12, 2003 revised 9/23/03) Facts in Support of Finding: The proposed Project was analyzed to determine if it would have a significant adverse effect on a scenic vista, Scenic vistas within the Project site are generally considered to. be greater than I mile from a receptor, and include the EI Modena area to the south, the easterly portion of the Santiago Oaks Regional Park, and the Serrano Heights residential development north of the Project site, Although the site will be significantly re-graded, the proposed Project is not anticipated to involve substantial visual alterations of natural landforms because the final site elevation and landforms would be similar to what exists today, In fact, import of fill to the area north of Santiago Creek has been eliminated so that the elevation of this area will remain at approximately existing grade. A landscaped area will be planted between Mabury Avenue and the edge of the residential lots on the Project site north of Santiago Creek. In addition to the originally proposed 30-50 feet landscaped area, the Project has been revised to eliminate residential development on Lots 1-5 of Tentative Tract Map No. 15750 which are located adjacent to Mabury Avenue, and to condition the Project such that this area will be maintained by the homeowners' association as a landscaped area to provide additional "greenspace" between the proposed Project and the existing residences in the Mabury community. The remaining twelve (12) homes that will be built north of Santiago Creek will also be limited to one-story in elevation.South of Santiago Creek, the ongoing concrete recycling operations which have visually degraded the site will be eliminated through Project development. The natural open space along the Santiago Creek channel throughout the Project site would be preserved and extensive landscaping surrounding the proposed residential developments would be provided. Approximately 40% of the Project site would remain in permanent open space or be included in parks, trails, creek channel and landscaped areas. These aspects minimize any adverse impact on area viewsheds that could result from the development of the site and are consistent with the policies and objective:s of the Open Space and Conservation Elements of the General Plan, Therefore, the City concludes that the Project has a Less Than Significant impact on Aesthetics as it pertains to adverse effects on a Scenic Vista.Potential Impact: Potential to Damage a Scenic Resource. The proposed Project has a Less Than Significant impact on Aesthetics as it pertains to whether the Project would damage a scenic resource, including but not limited to trees,rock outcroppings, and historic buildings within a state scenic highway,Finding: The City hereby makes Finding I and determines that this potentially significant impact is Less Than Significant by the implementation of project design features that are incorporated into the proposed Project. No mitigation measures were required or recommended.Facts in Support of Finding: The proposed Project was analyzed to determine if it would have a significant adverse effect on a scenic resource. There are no 13 August 12, 2003 designated scenic resources on the Project site and there are no scenic highways in the vicinity of the proposed Project. While the Santiago Creek, associated riparian areas and tree rows on-site, can be considered to be visually aesthetic areas, no residential development will occur within 100 feet of Santiago Creek and only limited native vegetation in riparian areas (approximately 0.56 acres)will be removed. Mitigation measures have been required which provide for replacement of all riparian vegetation removed at a ratio of 1: L A bridge is proposed to be built over Santiago Creek for the multi-purpose recreational trail.The visual character of the bridge could be described as rustic and therefore in character with the surrounding development and similar facilities in the general vicinity. Other vegetation and the exiting tree rows to be removed would be replaced by ornamental landscaping. The tree specimens to be removed are not visually scenic. Most of the vegetation is introduced and non- native. Native trees in the southeast comer of the site would remain and 40% of the site will remain undeveloped or will be included in park, trails, creek channel, and landscaped areas. The balance of the site is visually degraded due to the existing operations and large stockpiles of and equipment storage associated with the on-site uses.Potential Impact: Potential to Degrade the Existing Visual Character or Quality of the Site. The proposed Project has the potential to have a Significant impact on Aesthetics as it pertains to existing residents along the eastern boundary of the Project. The proposed Project otherwise has a Less Than Significant impact on Aesthetics as it pertains to whether the Project would cause a substantial degradation of the existing visual character or quality of the site and its surroundings.Finding: The City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.Facts in Support of Finding: The proposed Project was analyzed to determine if it would cause a substantial degradation of the existing visual character or quality of the site and its surroundings, Implementation of the Project would result in the elimination oftheexisting visually de!,'1'aded conditions on the site. No development is proposed within a lOa-foot setback area along Santiago Creek,except for construction of the subsurface revetments. In order to minimize visual intrusion and habitat impacts, the proposed erosion protection improvements will be subsurface. In the event that the buried protection is exposed as a result of flooding or erosion, portions of the revetment wall would be visible, but would be similar in appearance to the riprap that currently exists at the eastern end of the Project site along Santiago Creek. The proposed Project also includes the dedication of an approximately 6 acre park site which would enhance visual open space. Approximately 40% of the site would remain in permanent open space or be included within park, trails, creek channel and landscaped areas. Residential development on lots 1-5 of Tentative Tract Map No, 15750 would not be permitted, and the area would be landscaped, This landscaped area is in addition14 August to the landscaped setback from Mabury Avenue which will be approximately 30- 50 feet and the perimeter wall which will be located at the base of the slope adjacent to the new homes, Additionally, the twelve homes north of Santiago Creek would be limited to one-story in height. The proposed Project will alter the visual character of the southern portion of the site but this alteration is considered to be an improvement over the existing conditions on-site. Nonetheless, because there is the potential for aesthetic impacts to adjacent homes at the terminus of E" street in the proposed Project and residences in the adjacent Reserve neighborhood from development of a private stable, Mitigation Measure5,1. 3 has been proposed to provide additional screening measures to avoid aesthetic impacts of the proposed stable on adjacent homes,5.1-3 The project proponent shall prepare a landscape plan and a lighting plan to be approved for the equestrian facility prior to the issuance of any building permit for the equestrian facility. The lighting plan shall control light spillage within the site for the stable and limit lighting to that necessary for security purposes only. The landscape plan shall provide enhanced screening along all edges of the stable facility.Potential Impact: Creation of a New Source of Light or Glare. The proposed Project has the potential to have a Significant impact on Aesthetics as it pertains to whether the Project would create a new source of light or glare since new sources of nighttime lighting would be associated with the development of the site, The development of the park site also has the potential for creating new sources of light but no plans for the park improvements have been developed by the City and any lighting impacts would be speculative at the present time, Future park plans will be the subject of separate environmental review. The private equestrian facility also has the potential for creating new sources of light.Finding: The City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.Facts in Support of Finding: The Project includes the use oflow intensity street lighting similar to surrounding residential areas. Also pedestrian-scaled street lighting, setbacks and landscaping within the proposed development would reduce the potential impacts on surrounding areas. Nonetheless, because there is the potential for spillage from new lightsources, Mitigation Measure 5.3-7 has been proposed to control spillage from new light sources, In addition, Mitigation Measure 5.1-3, above, requires preparation and approval of a lighting plan for the private equestrian facility to address light spillage from that facility,5.3-7: The project proponent shall ensure that all exterior lighting on the site in public areas (such as street lighting, pedestrian lighting, and security lighting) is directed downward and away from Santiago Creek.15 Potential Impact: Construction-related Aesthetic Impacts. Construction activities on the Project site could impact receptors with foreground views of the site and those who travel through the area by automobile along Santiago Canyon Road. Construction activities would also be visible from residential areas located north and east of the Project site. Receptors could be exposed to light and glare from construction activities.Finding: The City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the Proj ect which avoid or substantially lessen the significant environmental effect as identified in the final EIR.Facts in Support of Finding: Because light and glare from construction lighting may affect residents of adjacent residential communities, Mitigation Measure 5. I-I has been identified to require the use of non-glare directional lighting when lights are required for safety and security in construction areas. Because construction activities will be highly visible to motorists traveling on surrounding streets, such as Mabury Road, Mitigation Measure 5.1-2 requires the screening of the Project site to minimize impacts from ground floor levels of residences along the property line of the Project adjacent to Mabury Avenue.5.1-1 Construction contractors shall use non-glare, directional lighting to minimize potential light and glare impacts when lights are necessary for night-time safety and security in the construction area 5.1-2 Construction areas immediately adjacent to residential uses along the Mabury Avenue Project edge shall be temporarily screened by green mesh fencing in order to minimize impacts from ground floor levels of residences along this property line, Temporary fencing/screening should be removed only upon completion of construction in adjacent areas.B.AirOualitv Potential Impact: Construction Related Air Quality Impacts. Construction-related activities have the potential to generate a variety of air emission from the use of heavy equipment for grading and site preparation, vehicle emissions from workers traveling to and from the Project site, diesel fuel exhaust, painting and coating operations, and fugitive dust created by grading activities and transport over unpaved surfaces,Finding: The City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR, However, the City has determined that while the above-described impact can be partially mitigated by the mitigation measure identified below, this impact cannot be mitigated to a less than significant level. There are no other feasible mitigation measures or alternatives that would reduce this impact to an acceptable level. Therefore, the City hereby also makes Finding 3 which would require the adoption of a Statement of Overriding Considerations as a condition of Project approval. Facts in Support of Finding: Grading lmd construction activities would cause combustion emissions from utility engines, heavy-duty construction vehicles, haul trucks and vehicles transporting the construction crew, Based on the methodology outlined in the South Coast Air Quality Management District SCAQMD) CEQA Air Quality Handbook, construction emissions associated with grading of the Project, will exceed the SCAQMD daily thresholds for the criteria pollutants of Nitrogen Dioxide (NOx), Reactive Organic Gases ( ROG),and Particulate Matter ( PMlO),Emissions of other criteria pollutants would be below the standards,Although the Project proposes implementation of the following standard conditions and mitigation measures, these measures are not sufficient to reduce the emissions to below a level of significance. There are no feasible alternatives or other feasible mitigation measures that could reduce these impacts to a level of less than significant.5.2-1 Prior to the issuance of any grading permits, the Applicant shall prepare a Fugitive Dust Emission Control Plan in compliance with SCAQMD Rule 403. The Plan shall identify methods to control fugitive dust through implementation of reasonable available control measures in sufficient frequencies and quantities to prevent visible emissions from crossing the property line of the proposed facility. Provisions of the plan shall include the stipulation that all active areas of active grading shall be watered at least twice daily and that no more than 20 acres will undergo active grading at anyone time. (Note that this does not preclude the use of additional area for dewatering operations which, due to the high water content of the material and lack of physical disturbance, would not be expected to contribute measurably to the daily PMIO loading,) The plan shall also stipulate that disturbed areas at the construction site shall be treated with dust suppressants when activities have ceased for 30 days as well as two or more of the control techniques identified below:I. Application of chemical stabilizers to unpaved roads and vehicle parking areas;2. Application of sufficient water prior to initiating any earth movement;3. Sweeping and/or cleaning streets where vehicles exit construction sites;4. Installation of wheel washe:rs where vehicles exit disturbed surface areas onto paved roads;5. Paving of construction acce: ss roads;17 August 12,2003 revised 9/ 6, Paving of all roads on a construction site once final elevations have been reached or at the earliest feasible time; 7. All stockpiles for material export shall be watered twice daily. Stockpiles that may be used for long-term on-site soil storage shall be planted and watered twice daily until such plants take root; and 8. Any other measures as approved the Public Works Department and as required by the City's Grading Ordinance.5.2-2 All heavy equipment shall be maintained in a proper state of tune as per the manufacturer's specifications,5.2-3 Heavy equipment shaH not be allowed to remain idling for more than five minutes duration,5.2-4 Trucks equipment shall not be allowed to remain idling for more than two minutes duration.5.2-5 Electric power shall be used to the exclusion of gasoline or diesel generators whenever feasible.5.2-6 The Applicant shall specify that the contractor use only paints and coatings low in Reactive Organic Gas (ROG) content in order to minimize such emissions and vapors.5.2-7 All paints and coatings shall be applied either using high volume, low pressure (HVLP) spray equipment or by hand application in order to minimize dispersion of vapors and spray.5.2-8 All known and observed hazardous materials will be remediated in accordance with the recommendations included in Section 5,6 of this document. If locations where spillage of fluids from prior activities or hazardous materials are discovered during construction activities, these construction activities shall be curtailed until the area affected is evaluated and remediated as determined appropriate by all the assigned regulatory agencies. Removal of petroleum hydrocarbon contamination will also alleviate the generation of hydrogen sulfide and its attendant odor. These activities would fall under the direction of both local and State agencies that would "sign off' on the remediation effort upon completion,Potential Impact: Operational Air Quality Impacts. After Project construction, air emissions would be generated by the Project from Project-related vehicles, i,e., vehicular emissions from trips made by Project residents, and from the use of natural gas for space and water heating, the use of gasoline for landscape maintenance, and the off-site generation of electricity for on-site use,The stable portion of the Project has the potential to generate Significant impacts with respect Finding: The City hereby makes Finding I that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Findings: Based upon calculations prepared for mobile source emissions (vehicle trips) and stationary source emissions, none of the projected operational emissions would exceed the SCAQMD daily thresholds. Because there is the potential for impacts due to vector and odor control, Mitigation Measures 5.2.9 and 5.2,10 have: been proposed to control spillage from new light sources. 5.2.9 A Vector Control Plan shall be prepared for the equestrian facility, and shall be approved and incorporated into the CCR's as a component of the operations plan prior to the issuance of any building permits for the equestrian facility. The plan shall include measures to minimize the potential for roof rats and flies to be attracted to the facility. Measures to minimize roof rat presence shall include keeping grain supplements in airtight, metal containers; and keeping vegetables and fruits (such as carrots and apples) in metal wire mesh containers lined with a flexible wire impregnated fabric. The wire mesh shall be suspende:d from a wall or ceiling to avoid contact with the ground, The plan shall also require regular inspections and maintenance of the stable facility to seal all possible access points (i.e., holes no cracks greater than 2 inches), and repair of leaky faucets and irrigation lines to minimize the presence of standing water. Fly suppression measures to be included in the vector control plan shall include employing commercial fly spray systems for stables, utilization of natural predators such as wasps, and removal of manure from stables daily, and removal of manure from storage facilities a minimwn of once a week. 5.2.10 An Odor Control Plan shall be prepared for the equestrian facility and shall be approved and incorporated into the CCR's as a component of an operations plan prior to the issuance of any building permits for the equestrian facility. The odor control plan shall, at a minimum include daily cleaning of stalls to remove soiled hay and manure, and emptying of manure storage facilities and other wastes collected at the stable facility a minimum of once a week, or more frequently as necessary to maintain a sanitary condition. Potential Impact: Microscale Air Quality Impacts. Areas of vehicle congestion have the potential to create pockets of carbon monoxide emissions, also known as "hot spots." This impact could be potentially significant if the emissions add measurably to emissions' levels that would exceed State or federal air quality standards, 19 August 12,2003 revised 9/23/03) Finding: The City determined that this impact was Less Than Significant, and that no mitigation measures were required or recommended. Facts in Support of Finding: The analysis of CO hot spots was measured against State and federal I-hour and 8-hour standards. A CO analysis was performed at four intersections that are projected to exceed Levels of Service C and which represent the worst of the four corners for the busiest of the p. m. peak hour period, Based upon the calculations performed, the Project does not exceed State or federal standards at three of the four intersections. At the fourth intersection, Santiago Canyon Road and Cannon Street, the Project's 8-hour CO calculation exceeded the State standard of 9 ppm. Additional modeling indicated that because the Project adds less than 0.1 ppm to the 8 hour concentration as compared to the no project condition, the Project does not contribute measurably to the exceedance condition and therefore does not represent a significant impact.This impact, therefore, was determined to be Less Than Significant, and no mitigation measures are necessary,Potential Impact: Project Consistency With the Air Quality Management Plan (AQMP). A project is potentially significant if it is not consistent with the AQMP,Finding: The City determined that this impact was Less Than Significant, and that no mitigation measures were required or recommended.Facts in Support of Findings: There ar(: two key indicators of consistency with the AQMP. The first is whether the Project would result in an increase in the frequency or severity ofexisting air qual:ity violations or cause or contribute to new violations. As demonstrated by the CO "hot spot" analysis, the Project does not add measurably to any significant CO impacts and does not add to any violations of the air quality standards, The second measure is whether the Project would exceed the assumptions in the AQlVlP in 2010 or phased increments based on the year of Project build-out. The Project is considered to be consistent with the overall goals of the AQMP because it does not produce significant long-term emissions, and adds needed housing in anarea that is jobs rich/housing poor, The Project's construction air quality impacts are significant, but these impacts are only short-term. For these reasons, the Project is considered to be consistent with the overall goals of the AQMP and has a Less Than Significant impact with respect to its consistency with the adopted AQMP.c.Bioloeical Resources Potential Impact: Create a Substantial Adverse Effect on a Sensitive or Special Status Species. Species identified as candidate, sensitive or special status species that occur on the Project site could be subject to impacts from development of the Project, including a potential increase in the population of brown-headed cowbirds (Molothrus anther) and cowbird nest parasitism.20 Finding: The City hereby makes Finding 1 that project design features and changes or alterations have been required in, or incOl]lorated into, the Proj ect which avoid or substantially lessen the signi ficant environmental effect as identified in the final EIR. Facts in Support of Finding: The EIR identified the following candidate,sensitive, and special status species that occur on the Project site: black walnut,southern spikeweed, California homed lark, yellow warbler and yellow-breasted chat. Removal of black walnuts during Project construction would be considered significant unless mitigated. Mitigation Measure 5.3-1 requires the Project proponent to retain as many black walnuts as possible, and to replace any walnuts or oak trees that are removed at a ratio of 3: 1, Compliance with this measure will reduce this impact to Less Than Signific.ant. In addition, the fi)llowing species have a low potential for occurrence on the site: water hemlock, burhead, arroyo southwestern toad, western spadefoot toad, loggerhead shrike, two- striped garter snake and coast homed lizard, In the event water hemlock or burhead are present on the site, they would be located within riparian habitat. Because the Project minimizes impacts to riparian habitat and mitigates any loss of riparian habitat through compliance with Mitigation Measure 5,3-7, impacts to these species are considered Less Than Significant. No significant impacts are expected to the two toad species, pond turtle, yellow warbler and yellow- breasted chat because they have not been observed on the Project site, and even if present, would be present only within Santiago Creek and the Project involves very limited impacts to the Creek. Habitat on the Project site for the coast homed lizard is of such low quality that it is not expected to occur on site, No Project impacts to any of the riparian habitat that could support the garter snake are proposed, and therefore,impacts are considered Less Than Significant. Cooper's hawk, sharp-shinned hawk, white-tailed kite, merlin, and the peregrine falcon are expected at best to forage occasionally on the site, but since they do not breed on the Project site, no significant impacts to these species would occur. The Project site does not support the least Bell's vireo, southwestern willow flycatcher, coastal California gnatcatcher, or burrowing owl and implementation of the Project would not affect these species. Indirect impacts of development could affect sensitive species that utilize the Santiago Creek, such as the yellow warbler and yellow-breasted chat.Finally, the population of brown- headed cowbirds in the project area would likely substantially increase because of the location of the stable within the Project.This increase could result in a significant adverse effect on the breeding success of sensitive and other birds nesting in the riparian habitat of Santiago Creek.Compliance with the mitigation measures set forth below would reduce these impacts to Less Than Significant.5.3-1 The project proponent shall attempt to retain the site's black walnut and oak trees to the extent feasible; any black walnut or oak trees that are removed or damaged during projeet construction shall be replaced on a 3:1 basis with specimens of the minimum of fifteen gallon size, Twenty-five percent (25%) shall be twenty-four inch box (24") in shall be accomplished as part of an on-site oak woodland restoration program that meets the plan requirements specified below:Restoration Specialist: The restoration specialist shall be selected by the applicant and approved by the City, The restoration specialist shall have demonstrated experience in the successful oak woodland restoration in Southern California.Site Selection: The restoration specialist shall select a revegetation site within project boundaries, in areas designated on the project site as open space. The site shall be located in non-native habitat to ensure that no native habitat is removed and shall be close to Santiago Creek. In addition, the site shall not be located within 100 feet of existing or proposed residential lots or other areas landscaped with non-native vegetation to minimize the potential for encroachment of non-native understory plants and the potential for over- watering. To ensure that the restoration site is not later subject to fuel modification actions, a map of the proposed restoration shall be submitted to the City Fire Chief for approval as part of the site selection process.Selection of Plant Palettes: The plant palette shall include coastal live oaks (asdescribed by Mitigation Measure 5.3- 1) as well as understory and early-successional species appropriate for an oak tree replacement area.Only native plant species occurring on the project site or at Santiago Oaks Regional Park shall be used in these plans. Quantities, Container Sizes, Planting Patterns, Origins: Seed quantities, plant container sizes, and planting patterns shall be specified, as appropriate. To the extent feasible, plants and seeds used in the restoration plans shall be collected from the project site or elsewhere in northern/central Orange County, as near to the site as possible, The use of locally native propagules will increase the chances of success and maintain the genetic integrity of the local ecosystem.Timing: Seeding and planting should take place after the onset of the rainy season and prior to March 31. Seeding and planting of oak habitats outside of this window generally stands a high probability of failure.Mycorrhizal Fungi: In order to improve the ability of the planted material to compete with non-native forbs and grasses, mycorrhizal inoculum shall be specified for all container plants known to benefit from this symbiotic association.Site Preparation: Includes consideration of soil requirements (e.g., soil type, compaction, etc,) and weed (;Ontrol prior to planting (if Seeding and Planting Techniques: Includes specifications for hand seeding, hydro seeding, etc., and planting methods. Irrigation: The restoration site shall be irrigated through at least the first year following planting (e.g., twice each month in the absence of natural precipitation). It is anticipated that drip irrigation shall be utilized. After the first year, further irrigation would occur according to the recommendations of the site monitor. Maintenance: Maintenance of all plantings will be the applicant's responsibility, and shall include any activities required to meet the performance standards set for the restoration program. A minimum of five years or maintenance shall be required unless the plan's long- term performance standards are satisfied in less than five years.Monitoring: The project proponent shall be responsible for monitoring the restoration site for a minimum of five years, or until all of the project' s long term performance standards are met. The site monitor shall be a biologist, native landscape horticulturist or other professional qualified to I) assess the performance of the planting effort, 2) recommend corrective measures, if needed, and 3) document wildlife use of planting areas over time. The site monitor shall be selected by the applicant and approved by the City,Performance Standards: Short-term (e.g., 90 and 180 days) and long-term (e,g., three-year and five-year) performance standards shall be set for the restoration plan, consistent with the goal of establishing self-supporting native woodlands that provide high quality habitat for native plant and wildlife species. The plan shall specify appropriate corrective actions to be taken if the site monitor determines that any restoration area is not meeting the performance standards set for the plan.If the performance standards cannot be achieved due to adverse soil or other unmanageable site conditions, an alternative or auxiliary mitigation plan may be submitted to the City.Documentation: The monitoring results shall be reported at least annually to the City.5.3-2 If possible, construction of the access road adjacent to Santiago Creek shall be conducted during the non- breeding season for birds (August I through February 28) to avoid indirect impacts on sensitive bird species nesting and foraging in Santiago Creek. Whether or not construction of the access road, or any other construction activities, occur during the breeding season (approximately March I through July 31), all grading and construction activities within 100 feet of identified wetlands or riparian habitat shall be monitored by a qualified biologist to ensure that these activities avoid additional impacts on sensitive areas and that they do not adversely affect sensitive species nesting and foraging within Santiago Creek 5.3-3 All grading and construction activities within 100 feet of identified wetlands or riparian habitat shall be monitored by a qualified biologist to ensure that these activities avoid sensitive areas,5.3-4 Residential structures shall be set back a minimum of 100 feet from the edge of CDFG jurisdictional riparian habitat in order to minimize project impacts on wildlife.5.3-5 The project proponent shall be require to comply with National Pollution Discharge Elimination System (NPDES) standards to mitigate erosion and siltation impacts to Santiago Creek due to project construction or project operation.5.3-6 If any activities including vegetation removal such as grubbing, grading,tree trimming and/or removal are to occur during the breeding season of native birds (approximately March I through July 31) the project proponent shall retain the services of a qualified ornithologist to conduct a survey of the construction zone. The ornithological survey shall occur not more than two days prior to the initiation of any construction activities,The purpose of the survey would be to identify any nesting areas of any native birds within the project site. If the ornithologist's survey detects any occupied nests of native birds within the construction zone the project applicant shall flag off the area(s) supporting bird nests under the direction of the ornithologist, providing a minimum buffer of 100 feet between the nest and limits of construction. The construction crew will be instructed to avoid any activities in this zone until those native bird nests found on-site are no longer occupied, based on the subsequent survey by the qualified ornithologist which shall be submitted to the City of Orange Planning Department.5.3-7 The project proponent shall ensure that all exterior lighting on the site in public areas (such as street lighting, pedestrian lighting, and security lighting) is directed downward and away from Santiago Creek,5.3-14 In order to minimize adverse effects of the two-acre stable on sensitive bird species nesting in Santiago Creek due to the potential increase in the local population of brown-headed cowbirds as a result of the stable's role as an inadvertent "food source" for cowbirds:The stable operator (i,e., the Homeowners Association) shall retain the services of a wildlife biologist with experience in building and operating traps for brown-headed cowbirds as long as the stable boards horses. One trap shall be operated during each spring/summer breeding season for the brown- Manure shall be removed from the site at least once daily Monday- Friday);All horse feed shall be securely covered, and any spilled feed will be removed from the stable at least once daily ( Monday-Friday).Potential Impact: Create a Substantial Adverse Effect on a Riparian Habitat. The Project site contains riparian habitat associated with a streamcourse that is subject to the jurisdiction of the California Department of Fish and Game pursuant to Section 1603 of the Fish and Game Code. Because of the riparian habitat is considered a sensitive habitat, :impacts to approximately 0.56 acres of riparian habitat during Project construction and implementation would be a potential significant impact.Finding: The City hereby makes Finding I that project design features and changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.Facts in Support of Finding: The Project has been designed to incorporate a 100- foot setback for residential structures from riparian areas in order to avoid direct impacts and minimize indirect impacts to Santiago Creek and its associated riparian habitat. The Project has also avoided to the extent feasible impacts to riparian habitat considered jurisdictional under Section 1603 of the Fish and Game Code; however, construction of the subsurface revetment wall to avoid Creek erosion impacts would result in impacts to approximately 0.56 acres of riparian habitat as a result of excavation in areas adjacent to the Creek. In addition, indirect impacts could occur to riparian habitat from noise, dust or runoff during construction. Mitigation measures 5.3-1 through 5.3-6 would substantially reduce both construction and operational impacts on the riparian habitat areas. Direct impacts to riparian habitat resulting from construction activities would be mitigated through compliancewith Mitigation Measure 5.3-7 that requires that the Project proponent obtain a Section 1603 Streambed Alteration Agreement from the Department of Fish and Game, prepare a riparian restoration plan, and replace all impacted riparian vegetation at a ratio of I: I.Implementation of this measure would reduce impacts to riparian habitat to Less Than Significant.5.3-8 The Project proponent shall replace the loss of any riparian habitat.Riparian habitats within Santiago Creek portion of the project site include black willow riparian forest, cottonwood willow riparian forest, southern willow scrub and mulefat scrub; riparian habitat outside Santiago Creek on the project site is limited to southern willow scrub, The project currently proposes to remove only 0.56 acre of riparian vegetation within Santiago Creek and 1.81 acres of southern willow scrub outside of the creek; the project proponent shall replace th(:se riparian habitats at a ratio of 1: I, per the measures outlined below. In addition, because riparian habitats fall 25 August under the jurisdiction of Section 1603 of the California Fish and Game Code, the project proponent shall obtain a Section 1603 Streambed Agreement from the CDFG prior to removal of any CDFG jurisdictional habitat. The Streambed Alternation Agreement will further specify the measures below to ensure successful replacement of riparian habitat. The Streambed Alteration Agreement will also include a provision that construction of any portion of the trail adjacent to or across Santiago Creek be conducted during the non-breeding season to minimize direct and indirect impacts of construction on birds nesting in the riparian habitat of Santiago Creek. Finally, although all project components currently avoid "Waters of the United States" and "wetlands" as defined by section 404 of the Clean Water Act (CWA), the boundary of jurisdictional areas is very close in some locations to flood control structures. Thus, the project proponent shall ensure that the project also complies as necessary with Section 404 of the CWA through the U,S. Army Corps of Engineers,Restoration Specialist: The restoration specialist shall be selected by the applicant and approved by the City and the California Department of fish and Game (CDFG), The restoration specialist shall have demonstrated experience in the successful restoration of riparian habitat in southern California. Because an element of the restoration program could include arundo eradication, the restoration specialist shall demonstrate experience in arundo removal.Site Selection: Riparian restoration could occur on-site, or off-site within the Santiago Creek watershed, such as the Santiago Oaks Regional Park,in an area to be identified by the restoration specialist in consultation with the City and CDFG. Riparian n:storation could include as an element,eradication of exotic vegetation within the Santiago Creek watershed, such as the Santiago Oak Regional Park, and restoration of the eradicated areas to native vegetation under a plan approved by the City and CDFG, any other appropriate agencies or landowners, such as the County of Orange.Preference shall be given to eradication of exotic species (a) on the project site, and (b) in off-site areas where the potential for future infestation mainly from upstream sources) is low.Selection of Plant Palettes: The plant palette shall include appropriate trees, understory, and early-successional species native to the Santiago Creek watershed ( in the area being restored).Quantities, Container Sizes, Planting Patterns, Origins: Seed quantities, plant container sizes, arid planting patterns shall be specified, as appropriate. To the extent feasible, plants and seeds used in the restoration plans shall be collected from the project site or elsewhere in the northern/central Orange County, as near to the site as possible. The use of locally native propagules will increase the chances of success and maintain the genetic integrity of the local ecosystem.26 August 12, Exotic Species to be Eradicated: It is anticipated that the main species to be eradicated will be giant reed (Arundo donax), but additional species may also be removed, such as pampas grass (Cortaderia spp.), pepper tress Schinus spp.) castor bean (Ricninus communis), and Washington fan palm (Washingtonia filifera), The exact species to be targeted shall be determined at the time final plans are developed, Methods/Timing for Eradication: The exotic species eradication specialist shall determine the methods to be used, including timing of eradication, in consultation with CDFG, Timing for Planting: For best results, seeding and planting should take place after the onset of the rainy season and prior to March 3 I. Riparian woodlands may achieve good results with installation at other times of the year, Mycorrhizal Fungi: In order to improve the ability of the planted material to compete with non-native forbs and grasses, mycorrhizal inoculum shall be specified for all container plants known to benefit from this symbiotic association.Site Preparation: Includes consideration of soil requirements (e,g., soil type, compaction) and weed control prior to planting (if needed).Seeding and Planting Techniques: Includes specifications for hand seeding, hydro seeding, etc., and planting methods.Irrigation: The restoration specialist shall determine the need for irrigation of riparian restoration sites.Maintenance: Maintenance of all plantings, and actions required to effect complete eradication of exotic species, will be the applicant' s responsibility, and shall include any activities required to meet the performance standards set for the restoration program. A minimum of five years of maintenance shall be required unless the plan's long-term standards are satisfied in less than five years.Monitoring: The project proponent shall be responsible for monitoring the restoration site for a minimum of five years, or until all of the project's long term performance standards are met. The site monitor shall be a biologist, native landscape horticulturist or other professional qualified to I) assess the performance of the planting effort, 2) recommend corrective measures, if needed, and 3) document wildlife use of planting areas over time. The site monitor shall be selected by the applicant and approved by the City and CDFG.27 August 12, 2003 revised 9/ Performance Standards: Short-term (e.g" 90 and 180 days) and long-term (e.g., three-year and five-year) performance standards shall be set for the restoration plan, consistent with the goal of establishing self-supporting native woodlands that provide high quality habitat for native plant and wildlife species. The plan shall specifY appropriate corrective actions to be taken if the site monitor determines that any restoration area is not meeting the performance st,mdards set for the plan.If the performance standards cannot be achieved due to adverse soil or other unmanageable site conditions, an alternative or auxiliary mitigation plan may be submitted to the City and CDFG.Documentation: The monitoring results shall be reported at least annually to the City and CDFG.Potential Impact: Create a Substantial Adverse Effect on Wetlands. Atotal of 3.44 acres of jurisdictional wetlands regulated under Section 404 of the federal Clean Water Act is present on the project site within the Santiago Creek. Impacts to these jurisdictional wetlands have been avoided by the project, but if inadvertent impacts were to occur during grading and construction activities, the project could have a potentially significant impact on wetlands.Finding: The City hereby makes Finding 1 that project design features and changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.Facts in Support of Finding: As noted previously, the project does not propose any activities in waters of the U.S. or wetlands that would directly affect wetlands. However, since grading and construction activities will occur in close proximity to the wetlands, inadvertent damage could occur if not carefully monitored. Monitoring during construction would prevent such damage from occurring, and would reduce this impact to less than significant. Compliance withMitigation Measures 5.3-3 and 5.3-8 would reduce this impact to Less Than Significant. Compliance with applicabk NPDES water quality and water runoff requirements, asrequired by Mitigation Measure 5.3- 5, will reduce any impacts to wetlands from uncontrolled runoff and siUation to Less Than Significant.Potential Impact: Interfere Substantially with Wildlife Corridors. Santiago Creek provides a potential movement cOlTidor for resident wildlife or fish species.Increased human activity associated with construction and operation of the project could impact wildlife movement within the project site.Finding: The City hereby makes Finding 1 that project design features and changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.28 August Facts in Support of Finding: The project provides a 100 foot setback between residential structures and the riparian areas associated with Santiago Creek. This setback would minimize indirect impacts of human activity associated with residential uses on the project site to wildlife species that may use the Creek as a wildlife corridor. Compliance with Mitigation Measure 5.3-4 and the project design feature of a 100 foot setback will reduce this potential impact to Less Than Significant.Potential Impact: Conflict with Local Policies or Ordinances Protecting Biological Resources. The City of Orange requires that prior to removal of each tree subject to City of Orange Municipal Code Chapter12.32, Tree Preservation,a permit is obtained. The Project proposes the removal of eight native trees:seven coastal live oaks and one western sycamore.Finding: The City hereby makes Finding I that through compliance with standard conditions and as a result of changes or alterations which have been required in, or incorporated into the Proj ect, which avoid or substantially lessen the significant environmental effect, that this impact is Less Than Significant.Facts in Support of Finding: A tree inventory report has been prepared for the proposed Project and included in the Technical Appendices to the EIR. A total of 1,053 trees measuring 10,5 inches in circumference at a height of 24 inches above the ground were identified on the Project site. Of these trees, only 30 trees are California native species; the rest being exotic species. The proposed Project will require the removal of 8 California native species trees: seven coastal live oaks and one western sycamore. The Project will comply with the requirements of Section12.32.11 0 of the City of Orange Municipal Code which requires that upon approval of the final grading plan, a separate permit be obtained for the removal of each tree subject to Chapter12.32, Tree Preservation of the Municipal Code.The Project does not conflict with a local ordinance or policy protecting biological resources as it will comply with the City's Municipal Code provisions for Tree Preservation.Potential Impact: Conflict with an Adopted Habitat Conservation Plan or Natural Community Conservation Plan. The County of Orange has adopted a NCCP, of which the City is a participant. Agricultural operations on the Project site have historically encroached onto areas that are part of the County's NCCP Reserve Area, The Santiago Oaks Regional Park, located upstream of the Project site, is also part of the NCCP Reserve. Implementation of the Project could affect these NCCP Reserve Areas.Finding: The City hereby makes Finding I that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.29 August 12, 2003 revised 9/23/ Facts in Support of Finding: In order to ensure that the Project does not conflict with the County's NCCP and Reserve Areas, a landscape/urban edge treatment plan is required pursuant to Mitigation Measures 5.3-9 through5.3- 13, In addition, the proposed Project will revegetate the area of encroachment into the County's NCCP Reserve impacted by past agricultural activities. Compliance with these mitigation measures and the proposed revegetation efforts will ensure consistency with the County' s NCCP,5.3-9 To ensure compliance with the proVISIOns ofthe Central-Coastal NCCP/HCP and Implementation Agreement, City of Orange shall transmit all site plans, area plans, subdivision maps, fuel modification plans/landscape improvement plans, utility plans, flood control facility plans or any other improvement plans that may potentially affect the Reserve System to the Executive Director, Nature Reserve of Orange County for review and comment prior to any City administrative or formal action to approve such plans.5.3-10 A landscaping/urban edge treatment plan shall be required by the City of Orange, in consultation with the Manager, Orange CountyPublic Facilities and Resources Department/Harbors, Beaches and Parks-Program Management & Coordination, prior to approval of grading permits. The landscaping/urban edge treatment plan shall address and screen the interface between the Santiago Oaks regional park and the proposed development.5.3-11 The encroachment area shall be restored by the applicant, pursuant to a landscape/restoration plan approved by the Manager, Orange County,Public Facilities and Resources Department/Harbors, Beaches and Parks-Program Management & Coordination, prior to approval of building permits.5.3-12 The seed output of the mature southern spikeweed plants on the Project site shall be collected by a botanist familiar with spikeweed identification and seeding when plants are producing seed during late summer and spread in disturbed soil at the margins of this riparian restoration site after the site is planted, Maintenance personnel shall be trained to identify this species, to help ensure that it will not be removed as a weed.5.3-13 In order to minimize the cumulative impacts on bats that could be potentially significant, inspections for roosting bats by a biologist trained in the study of bats will occur prior to removal of oaks. Oak tree removal during September and October, when bats may be reproducing or hibernating, should be avoided. Any oak trees with diameter at breast height (dbh) greater than 8 inches should be inspected for this species before removaL If bats are present in the trees, the biologist will remove and release the bats just prior to tree removal to avoid any bat n. Cultural Resources Potential Impact: Cause a Substantial Adverse Change in the Significance of a Historical Resource. The Project would have a significant impact if it resulted in a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of the CEQA Guidelines. Finding: The City determined that this impact was Less Than Significant, and that no mitigation measures were required or recommended, Facts in Snpport of Finding: A review of the National Register of Historic Places, the California State Historic Resources Inventory, the California Historical Landmarks and the Califomia Points of Historical Interest was conducted to determine if any historical resources were present on the Project site. The review indicated that no significant historical resources are located on the Project site or within the Project vicinity. Therefore the Project's impact on historical resources is considered Less Th,m Significant. Potential Impact: Cause a Substantial Adverse Change in the Significance of an Archaeological Resource. One prehistoric archaeological site, ORA- 369,was identified as being within the northern portion of the Project site, north of Santiago Creek and south of the Mabury Ranch residential development.Development of the area in which this site is located may result in a substantial adverse impact to this archaeological resource.Finding: The City hereby makes Finding I that changes or alterations have been required in, or incorporated into, the Proj ect which avoid or substantially lessen the significant environmental effect as identified in the final EIR Facts in Support of Finding: ORA-369 was originally described as a shell lithic scatter covering approximately 90,000 square meters. Some surface materials have been recovered and limited subsurface testing has been conducted.Additional materials may be present on site. Although no evidence of ORA-369 was identified during the recent site survey conducted as part of this environmental review, there may be fill soils covering evidence of prehistoric materials and which may be uncovered during grading activities. Therefore,mitigation measures have been identified which would require a certified archaeologist to attend pre-grade meetings and monitor grading activities. In the event cultural resources are discovered during grading, the archaeologist has the authority to halt work in the immediate area of the find, and to conduct additional investigations, if determined necessary, so that impacts to any significant cultural resources can be avoided and mitigated. With implementation of these measures set forth below, this impact is determined to be Less Than Significant. 31 August 12, 2003 5.4-1 An Orange County certified archeologist shall be retained to attend pre-grade meetings and to monitor earthmoving activities, including clearing,grubbing and grading of the site.5.4-2 If previously unidentified archeological resources are uncovered during site preparation, grading, or excavation, the archeological monitor shall have the authority to temporarily halt or divert grading in the immediate area of the discovery and to evaluate the resources. If the archeologist determines that they are unique archeological resources as defined by Section 21083.2 of CEQA, then the archeologist shall conduct additional excavations to avoid impacts to these resources by the development. If they are not "unique," then no further mitigation would be required,Unique cultural resources shall be determined based on the criteria set forth in Section 21083. 2 ofCEQA Potential Impact: Directly or Indirectly Destroy a Unique Paleontological Resource or Site or Unique Geologic Feature. A review of geological landforms and the potential for paleontologic resources indicates that fossil remains could be present on the proposed Project site. There is a possibility that the fill of Handy Creek has also buried evidence of prehistoric use of the site which may be uncovered during grading.Finding: The City hereby makes Finding I that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR,Facts in Support of Finding: Because of the potential for paleontologic resources that may be present on the site, a mitigation measure has been identified which would reduce potential impacts to these resources to Less Than Significant by authorizing the archaeological monitor to temporarily halt or divert grading in the area of the discovery until the resources can be studied to determine if they constitute unique paleontologic resources. This measure will be implemented in addition to MitigationMeasure 5.4-1 and would reduce potential impacts to paleontological resources to LessThan Significant.5.4-3 If previously unidentified paleontological resources are uncovered during site preparation, grading, or excavation, a paleontological monitor shall have the authority to temporarily halt or divert grading in the immediate area of the discovery and to evaluate the resources. If the paleontologist determines that they are unique paleontological resources as defined by Section 21083.2 ofCEQA, then the paleontologist shall conduct additional excavations to avoid impacts to these resources by the development. If they are not "unique," then no further mitigation would be required.Unique cultural resources shall be determined based on the criteria set forth in Section 21083.2 ofCEQA, 32 August 12, 2003 Potential Impact: Disturbance to Human Remains. There is a possibility that the "fill" of Handy Creek has buried evidence of prehistoric use of the area which could include prehistoric human remains that might be uncovered during grading and site preparation activities. Finding: The City hereby makes Finding I that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR Facts in Support of Finding: Mitigation Measure 5.4-1 requires that an archaeological monitor be present on site to monitor all grading, and to have the authority to temporarily halt or divert grading activities in the event archaeological or paleontological resources are uncovered by grading activities.Monitoring during grading will ensure that if human remains are uncovered, that the work can be temporarily halted or diverted in the area of the discovery. The following Mitigation Measure5.4-4 ensures that if such discoveries are made that the requirements of Section 5097.98 of the Public Resources Code are complied with to ensure that proper measures are taken to reduce this potentially significant effect to Less ThanSignificant.5.4-4 If previous human remains are uncovered during site preparation, grading,or excavation, the archeologist monitor shall have the authority to temporarily halt or divert grading in the immediate area of the discovery,and shall notify the County Coroner within 24 hours of the discovery. If the Coroner determines that the remains are not recent, the Coroner shall notify the Native American Heritage Commission. The Project applicant shall comply with the procedures set forth in Section 5097, 98 of the California Public Resources Code and shall consult with the most likely descendant designated by the Native American Heritage Commission to obtain recommendations on the treatment and disposition with appropriate dignity of the human remains and associated grave goods.Eo Geolol! v and Soils Potential Impact: Exposure to Seismic Ground Shaking. The Project site has the potential to be exposed to ground motion or shaking produced from seismic waves produced when an earthquake occurs, For the reasons set forth below, the EIR concludes that the Project has a Less Than Significant impact as it pertains to exposure to seismic ground shaking.Finding: The City hereby makes Finding I and determines that this potentially significant impact is Less Than Significant by compliance with standard conditions. No mitigation measures were required or recommended.Facts in Support of Findings: Like most of Southern California, the Project site will be exposed to seismic ground shaking. Consequently, there is no realistic way in which this potential impact can be avoided; however, the effects of seismic 33 August 12,2003 revised ground shaking on structures can be reduced through compliance with the Uniform Building Code and the City of Orange Grading Code. The proposed bridge/sewer line crossing Santiago Creek will be designed to meet all applicable seismic and Building Code requirements. Therefore, as compliance with both codes are standard conditions of approval for all new development in the City, and compliance with these measures will address this impact, this impact is considered Less Than Significant, and no mitigation measures are required. Potential Impact: Exposure to Secondary Effects of Seismic Ground Shaking. The Project site could be exposed to the secondary effects of seismic ground shaking such as liquefaction, seismically induced settlement, ground lurching, tsunami and seiches. Finding: The City hereby makes Finding I that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR Facts in Support of Finding: A portion of the Project site has been identified by the California Division of Mines and Geology as susceptible to liquefaction due to the presence of alluvial sediments and possibly shallow groundwater. Areas with moderate to high liquefaction potential can be densified through excavation and recompaction of the soils so that the risk of liquefaction is reduced to an acceptable level. Mitigation Measure 5.5-1 requires that all unsuitable materials be removed and replaced with engineered fill. Compliance with this measure will reduce the risk ofliq uefaction to Less Than Significant. The areas of the site that may contain unconsolidated, poorly packed alluvial deposits may also be susceptible to seismically induced settlement. Again, compliance with Mitigation Measure 5.5-1 will reduce this potential impact to Less Than Significant be providing for the excavation of loose, unconsolidated soils and recompaction in areas where structures and infrastructure are proposed to be constructed, Finally,ground lurching can occur under strong seismic ground motion conditions if loose, cohesionless soils or clay-rich soils with a high moisture content are present. The removal of unsuitable soil materials and recompaction required under Mitigation Measure 5.5-1 will reduce this potential impact to Less Than Significant.5.5.1 Prior to erecting any structures on the Project site, all unsuitable materials shall be removed and replaced with engineered fill.Potential Impact: Exposure to Fault- induced Ground Rupture. The Project site may be subject to fault-induced ground rupture if the location of the El Modeno Fault, which is considered "enigmatic" by Project geologists is determined to be within the Project site.34 August Finding: The City hereby makes Finding I that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR Facts in Support of Finding: As a result of the various geotechnical studies performed for the Project site, the location of the El Modeno Fault is considered enigmatic." Therefore, specific recommendations were identified by the Project geologists that should be implemented during site preparation and grading activities, If faulting of the Holocene age or younger is observed, appropriate structural setbacks as required by the Alquist-Priolo Act will be established.5.5-2 In accordance with the recommendations of the Project geologists,additional observations shall be made during removal grading operations of noted areas along the Santiago Creek channel to further assess the possible location and character of the El Modeno Fault. If evidence of faulting of the Holocene age or younger is observed, the location of any faults shall be surveyed and plotted in accordance with the procedures of the City of Orange and accepted geotechnical engineering practices. In addition, if evidence of active faulting is found, appropriate structural setbacks and/or other measures to mitigate any potential exposure to a level accepted by the City of Orange and the State Division of Mines and Geology shall be required.Potential Impact: Slope Stability. Unstable earth conditions, such as unstable slope conditions, could present a potentially significant impact.Finding: The City hereby makes Finding I that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.Facts in Support of Finding: Based upon the results of a slope stability analysis performed for the Project, the planned slopes within the development are considered grossly stable and exceed the minimum required factors of safety.Unstable slope conditions, however, could occur during grading in exploratory and utility trench walls and in temporary cut slopes. Compliance with the mitigation measures set forth below will reduce this impact to Less Than Significant. Additional testing was performed to determine the location of bedrock in order to install the subsurface revetment walls for Creek erosion protection. Removals of unsuitable materials and replacement with compacted fill will be conducted pursuant to the Neblett & Associates report.5.5-3 Utility trenches excavated during grading, shall be cut, benched and/or shored in accordance with requirements set by Cal OSHA.5.5-4 All grading and earthwork shall comply with the City's Grading Manual. 35 August 12, Potential Impact: Foundation Stability and Compressible/Collapsible Soils. Portions of the Project site consist of alluvial terrace deposits underlain by bedrock that could impact foundation stability and reflect the presence of compressible/collapsible soils. Finding: The City hereby makes Finding I that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding: In order to provide for a stable foundation for construction of the proposed residential units, complete removal of the former ponds that were filled with clay and silt from the prior sand and gravel operations would be required, followed by filling the excavated area with engineered fill. The Project proposes an extensive site preparation process to remove the unstable soils that may be present in the area of the two former sand and gravel ponds and to ensure that any unstable soils are replaced with properly engineered fill. Approximately 400,000 cubic yards of pond deposits could be removed and replaced as engineered filL In addition, to avoid potential impacts due to Creek erosion, the Project proposes construction of a subsurface revetment wall to provide long-term flood protection for the proposed structures and erosion control for the Santiago Creek. Implementation of Mitigation Measures 5.5-1, 5.5. 2, and 5.5.-4 and implementation of the various Project features such as the site preparation work, and construction of the subsurface revetment wall reduces this potential impact to Less Than Significant.Potential Impact: Expansive Soils. Expansive soils left untreated can cause damage to structures including cracking, heaving and buckling of foundations.Because of the variety of soils present on the Project site, there is a potential for expansive soils.Finding: The City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR,Facts in Support of Finding: Testing for expansive soils will be performed during site-specific geotechnical studies and final recommendations will be based on testing at finished grades. Measures for treating soils with low to high expansion potential are described in the EIR and include presaturation of the building back prior to construction of the foundation, strengthening the design of the foundation, and placement of highly expansive fill soils in fills several feet deeper than the bottom of the foundation, Once constructed, overwatering by residents can result in excessive swelling of soils and too little water can cause expansive soils to shrink excessively. This impact can be mitigated through proper design of the foundation in consideration of the structural elements,Compliance with the mitigation measures below reduce this impact to Less Than Significant.36 August 12, 2003 revised 5.5-5 If highly expansive native soils are present in the shallow subsurface below cut lots or lots with shallow fills, these soils shall be removed and replaced with soils having a lower expansion potentiaL If it is not feasible to remove all highly expansive soils from the shallow subsurface at finish grades, the building pads shall be presaturated to a moisture content and depth specified by the Project soil engineer, and foundations strengthened to resist the deformation. Walls, pools, pavements and concrete flatwork will require similar ground preparation and design, based on parameters supplied by the soil engineer.5.5-6 Future homeowners shall be informed and educated regarding the importance of maintaining a constant level of soil moisture and shall be made aware of the potential negative consequences of both excessive watering, as well as allowing expansive soils to become too dry.Potential Impact: Corrosive Soils. Corrosive soils have chemical properties that can disintegrate or corrode metal pipes and concrete.Finding: The City determined that this impact was Less Than Significant, and that no mitigation measures were required or recommended,Facts in Support of Finding: Based on testing conducted by the soil engineer,the results of which are in technical studies included in the Appendix to the EIR,the sulfate content of native soils onsite is considered suitable for placement of concrete foundations. Chemical analysis indicated normal pH values and no abnormal concentrations of metal that could have corrosive effects.Potential Impact: Land Subsidence. Horizontal and vertical movements caused by regional subsidence can cause extensive property damage.Finding: The City determined that this impact was Less Than Significant, and that no mitigation measures were required or recommended.Facts in Support of Finding: Subsidence as a result of groundwater extraction or hydrocompaction has not been documented in the area of the Project site.Therefore, the hazard posed by land subsidence is considered Less Than Significant.Potential Impact: Soil Erosion. Although the erosion potential of the underlying alluvial deposits is considered slight to moderate, however, these materials could become exposed and prone to erosion during the construction phases of the Project and during periods of heavy rains.37 August 12, 2003 revised 9/ Finding: The City hereby makes Finding 1 and determines that this potentially significant impact is Less Than Significant by compliance with standard conditions, No mitigation measures were required or recommended, Facts in Support of Finding: The City's Grading Code requires temporary erosion control measures to be provided during the construction phase, Compliance with these requirements and those of the National Pollutant Discharge Elimination System permit procedures would avoid any significant short-term erosion impacts. After development, the potential for erosion is considered less than significant as a result of the placement of impervious surfaces or landscaping that provide protection from erosion. The long-term erosion potential along Santiago Creek was analyzed in a supplemental floodplain analysis conducted by Tetra Tech, Inc., which was included in the Final EIR.Although the Tetra Tech report concluded that the Project would not create a condition that would cause erosion or worsen the existing conditions, erosion protection improvements will be constructed as part of the Project for the full length of Santiago Creek through the Project site on both the north and south banks of the Creek. As a result of these improvements, any erosion potential from Creek hydraulic activity has been eliminated, Compliance with these measures will reduce this potential impact to Less Than Significant.F. Hazards and Hazardous Materials Potential Impact: Potential Impacts from Previous Uses and Unknown Buried Hazardous Materials On-Site. A Phase I Environmental Site Assessment was conducted for the Project site that identified previous uses conducted on the site. Although extensive site remediation has been conducted to remedy known areas of environmental concern, there is the potential for hazardous materials to have been deposited on site without having been reported.Finding: The City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.Facts in Support of Finding: The impacts from the discovery of potential unrecorded areas in which hazardous materials, such as pesticides, herbicides or other environmental contaminants would manifest itself during grading and construction activities. Therefore, mitigation measures have been identified which would require that certain construction specifications be adhered to such that appropriate health and safety procedures will be required to be followed during excavation activities to minimize the risk of exposure to these potential environmental contaminants. Compliance with Mitigation Measures 5.6-1 and 5,6-2 will reduce this potentially significant impact to Less Than Significant.5.6-1 Prior to issuance of a grading pennit, construction specifications shall be established describing appropriate health and safety procedures. Such procedures shall require that work be stopped when discolored or odorous 38 August soil or unknown containers are encountered in the immediate area of the discovery. Health and safety procedures shall contain, at a minimum, emergency medical, evacuation, and notification actions, Notification shall include, but would not limited to, such agencies as: the City of Orange, CAL-EPA's Department of Toxic Substance Control, the City of Orange Fire Department, and the Regional Water Quality Control Board.Additionally, a Phase II ESA for the areas of potential contamination shall be required to evaluate and determine the type of contamination encountered and the appropriate remediation procedures to be utilized.5.6-2 On-site areas that include or previously included agriculture shall be tested for pesticide and herbicide residue in the soiL The locations and number of soil samples shall be detenllined by a California registered civil engineer with methodology acceptable to the Regional Water Quality Control Board (RWQCB). Any areas of soil contamination in excess of regulatory levels shall be remediated to the satisfaction of the RWQCB.Potential Impact: Potential Health and Safety Risks from Release of Landfill Gases. There is the potential for landfill gas to migrate onto the Project site due to the proximity of the Project to the closed Villa Park LandfilL Finding: The City hereby makes Finding I that project design features and changes or alterations that have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR Facts in Support of Finding: There are two potential risks from the release of landfill gases. The first is the potential health risk of exposure to landfill gases.The second is the potential safety hazard associated with the potential explosion hazard of landfill gas migration. With respect to potential health risks, these risks are minimized through the landfill gas collection system that has been installed around the perimeter of the closed Villa Park Landfill by the County's Integrated Waste Management Division. Since publication of the Draft EIR, the County has completed the extension of the landfill gas collection system arOlmd the north and northeast perimeter and has added a collection and flaring system. A health risk screening evaluation was conducted to evaluate the possibility of adverse health effects from exposure to landfill gases. The health risk assessment concluded that none of the constituents in landfill gas were at levels that could pose a significant health hazard to future occupants of the Project site or users of the 6-acre park site that will be dedicated as part of the proposed Project, and therefore the potential health impacts oflandfill gas release is considered Less Than Significant.With respect to the potential for safety hazards due to the explosive characteristics of landfill gas, a study performed by Sepich Associates concluded that the proposed Project's soil remediation work which will result in a recompaction of the soils on the Project site will result in soil that is less permeable than under 39 August 12, present conditions and which could cause either a buildup of soil gas pressure or redistribute methane migration patterns. In order to address the potential issues associated with landfill gas migration and methane buildup in the engineered soils, the Project proposes a two-step process to establish the level and nature of measures that will be installed during Project construction to address this potential impact. A study area will be established for all Project areas within 1,000 feet of the landfill boundary. Landfill gas measurements will be obtained before and after site grading within this study area, and each lot that is developed within the study area will be tested for a three month period after completion of grading to assess whether any changes have occurred in landfill gas migration, For those areas within this 1,000 feet study area in which landfill gas concentrations exceed Orange County Fire Authority thresholds, the following requirements will be incorporated into project design and construction: (I) a gas permeable, synthetic membrane liner will be installed under residential structures; (2) a subsurface passive ventilation system will be installed to diffuse buildup of combustible gas beneath residential structures; (3) gas monitoring probes will be installed in the foundation sand layer to monitor the effectiveness of the passive ventilation and membrane system; (4) utility trench dams will be installed in key areas within the mitigation area; (5) electricity utility vaults, pullboxes and transformer pads in the public rights-of way shall be provided with methane mitigation; and ( 6) explosion proof seals will be installed on all electrical conduits. Implementation of these measures which are set forth in Mitigation Measures 5.6-3 through 5.6-5, will reduce the potentially significant effects associated with the risk of explosion due to the migration oflandfill gases to Less Than Significant.5.6-3 Prior to issuance of a building permit for any residential structure within the 1,000 foot radius study area, a Landfill Gas Mitigation Plan shall be prepared by a licensed engineer describing appropriate design specifications and operational procedures to mitigate the potential effects of landfill gas migration onto the Project site. The plan shall be reviewed and approved by theOrange County Health Care Agency/Local Enforcement Agency (LEA), the SCAQMD and the City Building Official. All the measures identified below shall be incorporated into the project design:Gas-impermeable synthetic membraneliners (i.e., high-density polyethylene (HDPE)) shall be installed beneath residential structures within 1,000 feet of the closed Villa Park landfill. The membrane liners will provide protection to buildings by effectively sealing the building from subsurface gas infiltration, An alternative to the HDPE membrane liner is a spray-on membrane application e,g., Liquid Boot), The minimum thickness for the membrane systems should be 60 mil for HDPE membrane, and 100 mil for spray-on membrane,A subsurface passive ventilation system shall be installed to diffuse buildup of combustible gas beneath residential structures 1,000 feet of the closed Villa Park landfill. The passive ventilation system will consist of a network of perforated PVC pipes installed within trenches beneath the building floor slab and membrane system, The trenches shall be backfilled with gravel (or rock) and provide a relatively porous medium within which subsurface gases can migrate more readily than through adjacent soils, Gas migration into the passive ventilation system is ultimately vented to the atmosphere through vertical risers, located at the ends of horizontal vent pipes and terminating above the roofline. Turbine ventilators are typically installed at the terminal end of the vertical risers to impart a slight negative pressure to subsurface pipes, enhancing the venting of subsurface combustible gases. All residential structures within 1.000 feet of the closed Villa Park landfill shall have gas monitoring probes installed in the foundation sand layer (above the membrane system) to monitor the effectiveness of the passive ventilation and membrane systems in mitigating subsurface combustible gas concentrations. The sampling ends of the gas monitoring probes are directed toward and would be installed within vault boxes located within landscaped areas or sidewalks adj acent the residential structures. The gas monitoring probes should be monitored for subsurface pressures and methane by the future homeowners association, Prior to occupancy of the first home, the project applicant shall incorporate within the CC&Rs that the homeowners association shall be responsible for monitoring and maintaining the probes, The schedule for monitoring and maintaining the probes shall be reviewed and approved by the Orange County Health Care AgencylLocal Enforcement Agency (LEA), the SCAQMD, and the City Building Official. Utility trench dams shall be installed in key areas within 1,000 feet of the closed Villa Park landfill. These trench dams consist of bentonite or a bentonite-concrete mixture installed around conduits for a specified length of trench (usually three feet). These trench dams shall be installed at areas to be designated in the Landfill Gas Mitigation Plan discussed above. However, at a minimum, the trench dams shall be installed where utilities enter the development site from the Santiago Canyon Road public right-of-way.Within 1,000 feet of the closed Villa Park landfill, electricity utility vaults, pullboxes and transformer pads in the public rights-of-way shall be provided with methane mitigation as per the specifications included in Sepich Associates (December 15, 2000).41August 12, Explosion-proof seals shall be installed on all electrical conduits entering any structure within 1,000 feet of the closed Villa Park landfilL 5.6-4 Any park areas within the mitigation area shall be provided with the same level of protection as noted for other development.5.6-5 Structures, such as restrooms in the park, without " air conditioned space"i.e., heated or cooled air) shall be constructed as "open structures"without subslab mitigation which requires at least 25% of the perimeter walls open.G. Hvdrolol!V and Water Quality Potential Impact: Water Quality Impacts from Increased Surface Runoff and Erosion Associated with Short- term Construction Activities. During construction, portions of the Project site would be cleared of vegetation. If not controlled, the transport of loose soil due to potential wind and water erosion to local waterways could release pollutants attached to sediment particles into the waterways.Finding: The City hereby makes Finding 1 and determines that this potentially significant impact is Less Than Significant through compliance with standard conditions and existing laws and regulations which are required to be complied with by the proposed Project. No mitigation measures were required or recommended.Facts in Support of Finding: The Project developer is required to obtain a Construction Activities General Permit from the Regional Water Quality Control Board prior to construction. This General Permit requires preparation of a Stormwater Pollution Prevention Program (SWPPP) that identifies the best management practices (BMPs) that will be utilized at the Project site to reduce water pollution associated with construction. Compliance with the General Permit requirements of the Regional Water Quality Control Board and preparation and approval of the required SWPPP reduces any potentially significant impacts related to runoff and erosion associated with construction activities to Less Than Significant.Potential Impact: Water Quality Impacts from Increased Surface Runoff Associated with Project Development. Development of the Project will change the character and quantity of surface runolI from the Project site that may impact surface waterbodies. In addition, runoff from stable operations has the potential to create significant impacts on water quality.Finding: The City hereby makes Finding 1 that project design features and changes or alterations that have been required in, or incorporated into, the Project 42 August 12, 2003 which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding: The Project will implement a series of BMPs to reduce the discharge of pollutants from the Project site to the maximum extent practicable, Post-construction BMPs for the Project include both structural as well as non-structural measures. With respect to structural measures, the Project proposes the construction of a grass swale between the residential development area and the Santiago Creek that will run the length of the development area and will capture low flow run-off and allow the low flow to infiltrate the grass swale,to avoid runoff directly entering Santiago Creek without prior treatment. In addition, at catch basin inlets, the Project will install trash racks to reduce intake and transport of debris into the stonn drain system. A landscape plan consistent with County Water Conservation Resolution or similar City of Orange guidelines will be implemented, and drainage inlets will be properly stenciled to discourage the illegal discharge of pollutants into catch basins, Non-structural BMPs that may be incorporated into the Project include, regular inspection and maintenance of all drainage structures and BMPs, enforcement of waste collection and recycling programs, collection programs for household hazardous wastes, street cleaning programs, litter control, enforcement of spill prevention and containment programs and establishment and maintenance of a resident participation program to maintain and improve the quality of the stormwater through implementation of structural and non-structural BMPs. In addition, Mitigation Measure 5.7-3 requires the submittal of a Water Quality Management Plan to the City to ensure that adequate devices and procedures are in place for long-term maintenance of the water quality management systems and facilities.With implementation of these structural and non-structural BMPs, and Mitigation Measures 5.7-3 and 5.7- 4 set forth below, no significant impacts to surface water quality are anticipated, and this impact is considered Less Than Significant.5.7- 3 A Water Quality Management Plan and Maintenance Procedure shall be submitted to the City of Orange for approval prior to issuance of certificates of occupancy. The plan and maintenance procedures shall identify and ensure that adequate devices and procedures are in place for long-term maintenance of the water quality management systems and facilities.5.7-4 The following non-structural Best Management Practices shall be incorporated in the Water Quality Management Plan for the project:Horse waste from deposition in all exterior areas of the equestrian facility shall be collected daily and transported to the manure storage facility,The entry road to the equestrian facility shall be swept regularly toremove Horse stalls shall be cleaned daily to remove bedding material that contains manure waste and replaced with new bedding materiaL Woodshavings shall be used for bedding in the stall to absorb liquid wastes and minimize leaching, Potential Impact: Alteration of Drainage Patterns, Increase in Surface Runoff and Stormwater Discharges as a Result of Increases in Impervious Surfaces. The development of the Project site with paved impervious surfaces would change absorption rates, drainage patterns, and the rate and amount of surface water runoff from the site. Finding: The City hereby makes Finding I and determines that this potentially significant impact is Less Than Significant by the implementation of project design features that are incorporated into the proposed Project. No mitigation measures were required or recommended. Facts in Support of Finding: The proposed Project includes new storm drain improvements that will manage and capture stormwater runoff. North of Santiago Creek, the drainage will surface flow in the streets to a curb inlet which will ultimately be picked up by a proposed storm drain in the Project area that ties into an existing storm drain line located west of the Project area just south of Mabury Avenue, South of Santiago Creek, the development area east of the existing Handy Creek Channel would surface flow in the streets and will be picked up in proposed catch basins which will flow into a storm drain system that runs parallel to the existing Handy Creek Channel and will outlet into Santiago Creek immediately upstream of the Handy Creek Channel outlet. The residential area west of Handy Creek Channel will flow into a proposed storm drain line that will outlet into Santiago Creek. Dry weather low flows will be directed to the grass swale that will be constructed between the residential area and Santiago Creek for natural treatment and filtration before being discharged into the existing storm drain facilities or proposed storm drain facilities, As a result of these facilities that will be constructed as part of the Project, impacts from the alteration of drainage patterns and any increase in surface run-off and storm drain discharges are considered Less Than Significant.Potential Impact: Flooding Resulting from the Failure of Dam or Levee.The Project site lies within the inundation area of two dams upstream of the Project site: the Villa Park Dam and the Santiago Reservoir. Dam failures have historically been caused by severe floods that overtopped the reservoirs, and geotechnical flaws not recognized in the feasibility studies, design or construction phases of the dam.Finding: The City hereby makes Finding 3 that no feasible mitigation measures or alternatives are available to mitigate this potentially significant impact and that 44 August 12, 2003 revised 9/23/ this impact would remain significant and unavoidable. The City is required pursuant to Finding 3 adopt a Statement of Overriding Considerations as a condition of Project approval in accordance with CEQA Guidelines Section 15091(a)(3) to identify the "Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report." Facts in Support of Finding: With respect to dam construction, the Division of Dam Safety requires dam owners to prepare and publish failure inundation zones and to meet certain dam design standards, "The purpose of the establishment of Dam Inundation Zones pursuant to the California Government Code is to enable emergency services personnel to identify potential evacuation routes in the event of a potential dam failure. DIZs are not intended to serve as a land use zoning vehicle, . . ." (Letter from Ken R. Smith, County of Orange, Public Facilities & Resources Department to Mr. Ernie Sclmeider, Hunsaker & Associates, dated April 21, 2003.) In the event of a catastrophic failure of dam safety, the Project site together with the surrounding residential areas, including portions of Orange Park Acres, could be subject to flooding hazards from dam failure. Although the proposed Project incorporates an extensive system of subsurface bank stabilization structures along Santiago Creek to minimize the effects of flooding from 100 year storm events, these structures would not protect the Project site in the event of a seismically induced catastrophic dam failure upstream. There is no mitigation measures to reduce this impact to less than significant, and the only alternative that could avoid this impact is the No Project/Continuation of Existing Uses Alternative which does not meet any of the Project objectives and may not be feasible given the existing sand and gravel resources and the impacts of continued industrial activity in an residential area. While certain areas of the Project site are mapped as outside of the dam inundation areas, these areas are generally limited to very small areas at higher elevation on slopes on which sensitive vegetation, such as oak trees are located and which are not suitable for development. Moreover, it is infeasible to develop only on these limited areas of the property. Therefore, there are no mitigation measures and this impact would remain unavoidable and adverse. Potential Impact: Flood Hazards. Portions of the Project site have been mapped as subject to potential flooding from Santiago Creek and within the existing Federal Emergency Management Agency (FEMA) floodplain. Finding: The City hereby makes Finding l that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final ErR. Facts in Support of Finding: As a result of upstream improvements, the amount of the Project site that would be included in the FEMA floodplain maps has been significantly reduced. The Project proponent and the City of Orange filed a 45 August 12,2003 revised 9/23/03) request with FEMA to revise the floodplain maps in light of the upstream flood control improvements. By letter dated January 24,2003, FEMA notified Mark A. Murphy, Mayor, City of Orange that the Flood Insurance Rate Map for Orange has been revised by the Letter of Map Revision, effective May 22, 2003. (See Appendix to the Additional Analysis, page Y-6.) Per the revised floodplain maps prepared by FEMA, the Project does not propose any development in the area that would be mapped as subject to potential flooding under the revised FEMA Flood Area Insurance Rate Map (FIRM). With implementation of Mitigation Measure 5.7-1 which addresses the revision of the FEMA maps prior to any residential development within the currently-mapped floodplain area, this impact will be reduced to Less Than Significant.5.7-1 No building permits shall be issued by the City until FEMA revises its FIRM to remove all proposed residential areas on-site from the 100-year Flood Zone.Potential Impact: Construction and Operational Impacts on Groundwater Levels, Water Quality and Flow Direction. There is a potential that perched groundwater will be encountered at least locally during remedial grading activities.Finding: The City hereby makes Finding I that compliance with existing laws and changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.Facts in Support of Finding: Encountered groundwater may require pumping from the construction area into an onsite sump or vessel while site remediation activities to address the artificial fill in the former sand and gravel silt ponds occurs as part of the site preparation process, In addition to compliance with National Pollutant Discharge Elimination System (NPDES) permit requirements,Mitigation Measure 5.7-2 requires installation of a subdrain system to address groundwater flow. Compliance with existing laws and regulations and this mitigation measure will reduce this impact to Less Than Significant.5.7-2 A subdrain system shall be designed and installed to control groundwater flow under and around the Project site in accordance with specifications of the Project geologists and hydrologists in order not to impede the natural flow at depth.Potential Impact: Groundwater Impacts Resulting from Project Development. The development of the Project site will result in the increase of impervious surfaces within areas planned for development that may reduce the amount ofgroundwater recharge. Finding: The City hereby makes Finding 1 and determines that this potentially significant impact is Less Than Significant by the implementation of Project design features and compliance with standard conditions and existing laws and regulations that are incorporated into the proposed Project. No mitigation measures were required or recommended. Facts in Support of Finding: The increase in impervious surfaces and the closure of an active water will onsite will have a negligible effect on groundwater levels under the Project site. Local recharge may increase from lawn irrigation. The impacts of site development on groundwater levels is considered Less Than Significant. Although the quality of groundwater may diminish locally due to the use of fertilizers and other chemical substances typically utilized in maintained landscaped areas, the implementation of BMPs to minimize Project impacts on surface water quality will also reduce potential impacts to groundwater quality to Less Than Significant. H. Land Use and Planninl! Potential Impact: Conflict with Any Applicable Land Use Plans, Policies or Regulations. The Project would have a significant impact if it conflicts with applicable land use plans, such as the City's General Plan, or other policies or regulations, Land uses for the proposed Project site are set forth in the City's General Plan and two area plans, the East Orange General Plan and the Orange Park Acres Plan. In addition to the local land use plans, because the Project site was formerly mined for sand and gravel, redevelopment of the site would have a significant impact if it conflicts with the requirements of the Surface Mining and Reclamation Act of 1975 (SMARA), California Public Resources Code Section 2710 et seq. Finding: The City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the Project through implementation of project design features and mitigation measures which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding: The City's General Plan designates the majority of the Project site (south of Santiago Creek) Resource Area (RA) in recognition of the aggregate mining and agricultural uses on the Project site. The area north of the Creek is designated for residential uses and is zoned R-l-S. The RA designation was considered a "holding zone" which would be amended when sand and gravel operations ceased. The City of Orange General Plan states that the City recognizes that agricultural and mining activity will not continue indefinitely within the RA designation. The Project proposes a General Plan amendment to change the RA designation to Residential and Open Space,Because the proposed Project is consistent with the long range intent of the General Plan and furthers the City's land use goals (Goal 2, Goal 9 and Goal 10),the Project's conflict with the current General Plan and zoning designations is not considered a significant impact.47 August 12,2003 revised The two area plans designate the Project site for the Santiago Creek Greenbelt. The Project proposes that the Project site be removed from both of these area plans; however, consistent with the goals of the Santiago Creek Greenbelt designation, the proposed Project preserves Santiago Creek in a natural state as envisioned by both of these plans and provides for open space and recreational uses within the approximately 40 acre open space area that is provided by the Project along the entire length of the Santiago Creek through the Project site. In addition, the Project proposes residential uses and lot sizes that are compatible with the residential uses and lot sizes of the surrounding area. The Project, provides for equestrian facilities immediately adjacent to The Reserve residential community which furthers the equestrian and rural components of the Orange Park Acres community. Because the Project helps to carry forth the goals of both the East Orange General Plan and the Orange Park Acres Plan to provide development that is comparable in character with the surrounding community, and which preserves the open space nature of the Creek, the deletion of the Project site from these two plans will not have an adverse effect and will not conflict with the achievement of the land use planning goals of the City's General Plan or community guidance provided by the East Orange General Plan or Orange Park Acres Plan. Surface mining operations in the State of California must comply with SMARA. SMARA requires the Governor's Office of Planning and Research to designate certain areas of the state as falling within one of three categories: (I) areas containing little or no mineral deposits; (2) areas containing significant mineral deposits; and (3) areas containing mineral deposits, the significance of which requires further evaluation. Areas containing significant mineral deposits are further classified as areas of statewide or regional significance, The project site is designated as an "area of regional significance" under SMARA. SMARA requires that if an area is designated as an area of regional significance, prior to permitting a use which would threaten the potential to extract minerals in that area, the City must prepare a statement specifying its reasons for permitting the proposed use. Based upon information provided to the City by Hanson Aggregates, mining on the project site ceased because there is nothing left to mine. The value and quality of any aggregates that may be present on site is not of sufficient quantity or quality to produce adequate material for the market region. Therefore, the City's consideration of the current application which would "threaten the potential to extract minerals in that area" would not result in a loss of important minerals to their market region as a whole. Action on the proposed project would not conflict with these provisions of SMARA, and would not be considered a significant impact. SMARA also requires that reclamation plans be prepared and approved for areas on which surface mining operations were conducted after January 1, 1976. (14 CaL Code of Reg. Section 3501.) If surface mining operations were conducted after January I, 1976, a reclamation plan meeting the requirements of Section 2772 of SMARA must be prepared, If surface mining activities were not 48 August 12, 2003 revised 9/23/03) conducted on the project site after January I, 1976, SMARA would not apply to the property and the project poses no conflict with SMARA, Based upon the information provided to the City by the Department of Conservation in a letter dated June 18, 2003, the Department of Conservation concluded that surface mining had ceased prior to January I, 1976. Evidence has been submitted by the public that conflicts with the Department of Conservation's determination. In the event the City later determines based upon review of evidence not currently before it that surface mining did occur after January I, 1976, a mitigation measure is proposed that would require compliance with SMARA as this would be a potentially significant conflict with SMARA. This conflict, however, can be mitigated to less than significant through compliance with State and City requirements to prepare and submit a reclamation plan. 5.8-4 If surface mining was conducted on the project site after January I, 1976,a reclamation plan and financial assurances for the reclamation shall be prepared and submitted to the City and the State Department of Conservation, and shall be approved by the City prior to issuance of the first grading permit for the project site.Potential Impact: Conflict with Snrrounding Land Uses. A project would have a significant land use impact if it conflicted with surrounding land uses.Land uses adjacent to the Project site include the residential communities known as The Reserve and Oak Lane to the east, Orange Park Acres to the south, and Mabury Ranch and Creekside Ranch to the north. The former Villa Park Landfill is adjacent to the western boundary of the Project site.Finding: The City hereby makes Finding I and determines that this potentially significant impact is Less Than Significant by the implementation of project design features that are incorporated into the proposed Project. No mitigation measures were required or recommended,Facts in Support of Finding: With respect to the Villa Park Landfill site, the measures that will be incorporated into the Project to assure that the landfill will not have any significant impacts on the developed residential areas were addressed in the Hazardous Materials section. No adverse land use effects from the development of the proposed Project adjacent to the closed landfill are anticipated. In addition, the Project proposes the development of a community park to provide additional buffering between the landfill and future residential development. With respect to the surrounding residential areas, the Project provides for residential uses compatible with those existing communities,Adjacent to The Reserve, the Project proposes half-acre lots and which will be zoned R-I-20. In addition, the Project is lower in elevation than The Reserve thus minimizing impacts of the new development on The Reserve. Like The Reserve, the lots that will be adjacent to Oak Lane are designated as half-acre lots,In addition, the Project is separated from Oak Lane by a heavily wooded slope approximately 60-70 feet in height thus minimizing land use impacts to less than significant. Although the Project differs in character and density from Orange 49 August Park Acres which lies across Santiago Canyon Road, the Project includes at least nine lots that would accommodate equestrian uses similar in character to the Orange Park Acres area, The separation of the Project site from Orange Park Acres through grade differences, Santiago Canyon Road and no direct access to Orange Park Acres renders any potential impact Less Than Significant. Finally the area of the Project site adjacent to Mabury is consistent with the zoning and land uses of the Mabury development, and the Project site adjacent to Creekside will be zoned open space such that no significant impacts are anticipated, Potential Impact: Conflict with an Applicable Habitat Conservation Plan or Natural Community Conservation Plan (NCCP). The Project site is located adjacent to a NCCP Reserve area. Since the NCCP Reserve area is intended to remain natural, the interface between the proposed Project and the Reserve could result in potential impacts. Finding: The City hereby makes Finding I that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding: In order to minimize potential conflicts with the NCCP Reserve, the Project proposes to revegetate an area of prior encroachment from existing activities on the Project site into the NCCP Reserve. The potential impacts of the interface between development and the Reserve are addressed through implementation of the Mitigation Measures set forth below as well as mitigation measures previously identified in the noise, aesthetics, and biological resources section. 5.8-1 To ensure compliance with the provisions of the Central-Coastal NCCPIHCP and Implementation Agreement, City of Orange shall transmit all site plans, area plans, subdivision maps, fuel modification plans/landscape improvement plans, utility plans, flood control facility plans or any other improvement plans that may potentially affect the Reserve System to the Executive Director, Nature Reserve of Orange County for review and comment prior to any City administrative or formal action to approve such plans.5.8-2 A landscaping/urban edge treatment plan shall be required by the City of Orange, in consultation with the Manager, Orange County Public Facilities and Resources DepartmentlHarbors, Beaches and Parks-Program Management & Coordination, prior to approval of grading permits. The landscaping/urban edge treatment plan shall address and screen the interface between the Santiago Oaks regional park and the proposed development.5.8-3 The encroachment area shall be restored by the applicant, pursuant to a landscape/restoration plan approved by the Manager, Orange County,Public Facilities and Resources DepartmentlHarbors, Beaches and Parks-50 August 12, program Management & Coordination, pnor to approval of building permits, Potential Impact: Removal of Trees on the Project Site. The southeast corner of the Project site includes a stand of native trees. This area includes 22 of the 30 native trees identified in surveys (18 coast live oaks, 2 Mexican elderberry trees, I western sycamore, and I red willow), The trees lie outside of the proposed grading area,Finding: The City hereby makes Finding I and determines that this potentially significant impact is Less Than Significant by the implementation of project design features that are incorporated into the proposed Project. No mitigation measures were required or recommended.Facts in Support of Finding: The most significant occurrence of native trees that occur on the Project site is located along the sloping land in the southeast corner of the Project site. This area includes 22 native trees. A separate parcel,Lot K, has been designated on the Tract Map which encompasses all 22 native trees such that no native trees will be located within a private lot. Including the trees within a lettered lot assures that no grading for development of the private lots will affect the viability of these trees, and provides a better opportunity for uniform care and management.Potential Impact: Loss of Open Space. The City's General Plan designates the major portion of the Project site south of Santiago Creek as RA, Resource Area.In addition, the East Orange General Plan and the Orange Park Acres Plan designate portions ofthe site for a Santiago Creek Greenbelt. Development of the project site south of Santiago Creek for residential purposes would result in a permanent change in the character of land use from the current sand and gravel operations, heavy equipment storage and agricultural operations.Finding: The City hereby makes Finding 1 and determines that this potentially significant impact is Less Than Significant by the implementation of project design features that are incorporated into the proposed Project. No mitigation measures were required or recommended.Facts in Support of Finding: The only portion of the Project site currently designated for open space uses by the Land Use Element of the Orange General Plan is that portion of the Project site along Santiago Creek. This area will be retained in open space by the Project and improvements, such as trails and a bridge will be provided by the Project to facilitate public use of and access to, this area of natural open space. The project proposes dedication of the open space areas along the Creek to a public agency. Approximately 40% of the project area would be retained in either manmade or permanent natural open space, Because the project will not adversely affect the open space area designated on Project site under the current General Plan and maintains and enhances a greenbelt area along 51 August 12,2003 revised 9/23103) the Creek that can be used by the public for recreation and habitat projection, the Project will not result in any loss of open space and the impacts are considered less than significant. I. Noise Potential Impact: Construction Related Noise Impacts. Short- term construction noise impacts are those associated with site preparation, grading and construction of the proposed Project. The impact would be significant if it conflicted with adopted environmental plans and goals of the community where it is located and exposed persons to or generation of excessive groundborne vibrations,Finding: The City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.Facts in Support of Finding: The proposed hours of operation for construction activities were described in the EIR and included 7 a.m. to 5 p.m. on weekdays and 7 a,m. to I p.m. on Saturday for construction activities north of Santiago Creek, and from 7 a,m. to 11 p.m. on weekdays and 7 a.m. to I p.m. on Saturdays for activities south of Santiago Creek. Work later than 9 p.m. south of Santiago Creek will be limited to equipment maintenance activities. The City's Noise Ordinance (Section 9500.7) limits the hours of construction to between 7 a,m. to 9 p.m. on Monday through Saturday, and not at anytime on Sunday or federal holidays. The Project proposes additional limitations on construction operations that are reflected in Mitigation Measure 5.9-4. Sensitive receptors within the Project area consist primarily of the adjoining single family residential developments. Construction noise levels at the nearest residences could range between 64 and 89 dBA for the majority of the heavy equipment that may be used for development of the Project site. It should be noted that the existing rock crushing activities may already exceed these noise levels, however, mitigation measures have been identified to reduce these noise levels to Less Than Significant.5.9-1 During all Project site preparation, grading and construction, the Project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturer standards. All equipment shall also be maintained in a properly tuned condition.5.9-2 The Project contractor shall place all stationary construction equipment as far as feasible and situated so that emitted noise is directed away from sensitive receptors to the north and east of the project site,5.9-3 The construction contractor shall locate long-term stock-piling and equipment staging areas in a manner to provide as much distance between 52 construction-related noise sources and potentially noise sensitive receptors as feasible during all project site preparation, grading and construction activities,5.9-4 All construction hauling shall be limited to weekdays from 7 a. m. to 5 p.m., and 7 a,m, to I p.m. on Saturday on site areas south of Santiago Creek. Construction hauling from site areas north of Santiago Creek shall be limited to weekdays from 9 a.m. to 5 p,m. and Saturdays from 9 a. m. to 1 p,m. Equipment maintenance activities shall be limited to the south side of Santiago Creek weekdays from 7 a,m. to 11 p.m. and be limited from 9 a.m. to 11 p.m. weekdays north of Santiago Creek. On Saturdays equipment maintenance shall be limited to 9 a.m, to 1 p.m. on the north side of Santiago Creek and 7 a.m. to 1 p.m. on the south side of Santiago Creek. No construction related activities shall occur on Sundays or public holidays. Construction hours will be enforced by the City of Orange.5.9-5 The haul route from site area located north of Santiago Creek shall be limited to Yellowstone Boulevard and Serrano Avenue and under no circumstances shall trucks or any other construction equipment be allowed to utilize other streets within the Mabury Ranch neighborhood. From site areas south of Santiago Creek, construction traffic shall utilize Santiago Canyon Road to the nearest freeway, Violation of any designated haul route shall be subject to citation by the City of Orange Police Department.5.9-6 All construction traffic shall be limited to speeds of no more than 15 miles per hour while traveling on-site. All heavy construction equipment traffic shall be limited to speeds of no more than 20 miles per hour along Yellowstone Boulevard and Serrano Avenue. Speed signs shall be posted for construction traffic along these two routes throughout the entire construction period and will be enforced by the City of Orange.Potential Impact: Operational Impacts to Workers from Short-Term On Site Activities. Workers involved with the proposed Project could be subject to increased noise levels due to their working in proximity to various types of equipment and trucks.Finding: The City hereby makes Finding I and determines that this potentially significant impact is Less Than Significant by the compliance with standard conditions and existing laws and regulations that are incolporated into the proposed Project. No mitigation measures were required or recommended.Facts in Support of Finding: Noise in the work place is regulated by the Occupational Safety and Health Administration (OSHA) which establishes,among other things, limitations on worker exposure to noise. Required compliance with OSHA regulations would ensure that worker exposure to excessive noise remains Less Than Significant.53 August Potential Impact: Operations Related Noise Impacts. The proposed Project will generate additional traffic and may alter noise levels in the surrounding areas that if they exceed the noise thresholds set forth in the EIR by the City may result in a significant noise impact. Finding: The City hereby makes Finding I that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding: Based upon the noise thresholds utilized in the EIR, noise levels greater than 3dBA are identified as significant, while changes less than I dBA will not be discernible to local residents. In order for the Project to have a significant impact on traffic noise levels upon sensitive land uses, such as existing residences, the proposed Project must generate a significant increase in traffic-related noise, i.e., increase noise levels by at least 3 dBA within a private living area, and must generate noise that would exceed the noise standard of 65 CNEL for exterior land uses. The future noise increases due solely to the Project are all less than 3 dBA. Noise increase levels of approximately 0.1 dBA are projected to occur along Santiago Canyon Road and Orange Park Boulevard.Since noise increase levels are all less than 3 dBA, operational noise impacts are considered Less Than Significant. The development north of Santiago Creek proposes seventeen homes. Traffic volumes on Yellowstone Boulevard and Mabury Avenue would not be anticipated to generate a significant noise increase.Therefore, no significant long-term adverse noise impacts are projected for the proposed Project.The Project proposes the dedication of a 6 acre park site which is suitable for a variety of active recreational uses. Although actual development of the park site would occur at a future time by others and is not a part of the Project, the potential noise generated by the park site (e,g" noise from sports events at an active park area) was considered on the proposed Project. Homes proposed to the east of the park site would be 9-12 feet higher in elevation as compared to the proposed Park site. In addition, a 6 feet perimeter wall is proposed along the project boundary between these homes and the proposed park site. The combination of the 6 feet wall and the 9 feet or more in elevation difference between the park site and the nearest adjacent homes would provide sufficient attenuation of noise generated at the park to reduce levels to below the City's Noise Ordinance requirements. In addition, because the front yards of homes proposed north of the proposed park site would not have outdoor active use area that would be considered noise sensitive, no significant noise impacts to these homes are anticipated.Future noise levels were also analyzed along roadways in the vicinity of the Project. Future noise levels include both noise generated by the Project as well as noise increases due to the magnitude of development approved throughout this area. Areas in the immediate vicinity of Serrano Road, Cannon Street and Santiago Canyon Road will experience future noise levels in excess of 70 CNEL,and noise increases are anticipated to be between 0.9 dBA and 3.8 dBA.54 August 12,2003revised Therefore, this would be a significant impact for those residences along Santiago Canyon Road that would experience noise levels in excess of 65 CNEL. The following mitigation measures will ensure that the Project meets all indoor and outdoor noise standards, and will reduce this potentially significant impact to Less Than Significant. 5.9-7 Prior to the recordation of a final tract map or the issuance of any grading permits an Acoustical Analysis Report shall be submitted to the City of Orange Engineering Department for approval. The Acoustical Analysis Report shall describe the acoustical design features of the structures required to satisfY the exterior and 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 in both the Draft and Final EIR documents have been incorporated into the design of the Project.5.9-8 Prior to the issuance of any building permits, all freestanding acoustical barriers that may be required along Santiago Canyon Road and in areas adjacent to the planned park site must be shown on the Project plot plan illustrating height, location and construction in a manner meeting the approval of the City of Orange Engineering Department.5.9-9 Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations shall be conducted to verify compliance with STC and lIC design standards.J. Populations and Housinl!Potential Impact: Induce Substantial Population Growth, Displace Substantial Numbers of People, or Result in Substantial Conflicts to Attainment of Regional Planning Policies or Local Housing Policies. hnpacts are considered significant if the proposed Project would induce substantial population growth, either indirectly or directly, which is not already anticipated in planning programs or projections; result in substantial conflict to the attainment of regional planing policies designed to reduce adverse impacts to regional environmental quality, or result in subst,mtial conflicts to the attainment of local housing policy goals.Finding: The City determined that this impact was Less Than Significant, and that no mitigation measures were required or recommended.Facts in Support of Finding: With respect to inducing substantial population growth, the Project is projected to add 556 persons to the population of the City of Orange, This growth would not substantially alter local or subregional population forecasts, and is therefore determined to be Less Than Significant. With respect to the Project' impact on the attainment of regional planning policy, the Project would result in the construction of 180 additional residences in an area considered 55 August 12. 2003 revised Jobs rich." More housing would contribute to a better balance in the region, and would support the regional growth objectives of the Southern California Association of Governments, and the impacts are considered Less Than Significant. Finally, the City of Orange uses the Regional Housing Need Assessment to evaluate and plan for existing and future housing needs, The Project would be credited to the City's RHNA goals, and therefore the potential effects of the proposed Project on the attainment of housing goals are considered Less Than Significant. K. Public Services and Utilities Potential Impact: Fire Protection Services. The construction and operation of the proposed Project would increase the overall demand on fire protection services in the area. Finding: The City hereby makes Finding I that compliance with standard conditions and changes or alterations that have been required in, or incorporated into, the Project avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding: Construction could affect circulation in the vicinity of the Proj ect and could result in increased response times for fire and emergency service vehicles. A mitigation measure has been recommended that requires the preparation of an emergency access and response plan that identifies alternative routes for emergency access to the Project site. Operational impacts would be mitigated by requiring all stmctures to be constmcted to conform to applicable State and City building codes and Orange Fire Department safety standards, including fuel modification requirements. 5.11-1 Prior to issuance ofa building permit, the Project 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,5.11-2 The Project applicant shall pay all applicable fire facility fees required by the City of Orange Fire Department.5.11-3 Sufficient accessibility for fire-fighting equipment shall be provided during all phases of construction and subsequent operation,5.]] -4 The Orange Fire Department shall review and approve development plans to ensure adequate access and fire protection facilities are available.Potential Impact: Police Protection Services. The development of the Project site will add to the number of service calls requiring response from the police department. 56 August 12, Finding: The City hereby makes Finding 1 that Project design features and changes or alterations have been required in, or incorporated into, the Proj ect which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Facts in Support of Finding: To ensure adequate services are provided and to minimize the demands on police services, security and design measures that employ defensible space concepts should be utilized in development and construction plans. Construction activities could affect circulation in the vicinity of the Project area and could affect police response times, Therefore, a mitigation measure has been identified that would require the preparation of an emergency access plan that will reduce this impact to Less Than Significant. 5.11-5 Prior to issuance of a building permit, the Project applicant shall submit an emergency access plan to the City of Orange Police Department. This plan will identify alternate routes for emergency access during construction, to areas potentially blocked by project- related construction activities.Potential Impact: School Services. The proposed Project would generate approximately 57 new elementary school students, 16 middle school and 18 high school students that would affect existing school facilities.Finding: The City determined that this impact was Less Than Significant through compliance with standard conditions, and that no mitigation measures were required or recommended,Facts in Support of Finding: New facilities would be required at all affected schools to accommodate the new students generated by the proposed Project due to the deficit or near deficit capacities of each school in the area of the Project.However, these deficiencies are existing deficiencies and not necessarily a result of the Project. To offset the Project's impacts to school facilities, the Project would be required to pay the mandated State assessment fee pursuant to Government Code Section 65995. Compliance with the State law will reduce impacts to Less Than Significant.Potential Impact: Park Facility and Recreational Services. An increase in demand for park facilities and recreational services can result from increases in the local housing supply, The proposed Project involves the development of new housing stock and would increase the demand for local and regional parks,Finding: The City determined that this impact was Less Than Significant, and that no mitigation measures were required or recommended.Facts in Support of Finding: A total of 6 acres of land within the Project site is proposed for dedication and for development by the City of a public 57 August 12, 2003 revised 9/ neighborhood park. The Project will also construct new trail segments that help the City complete its bikeways and recreational master plan for trails. Based on the City's Master Plan for Park Facilities, Recreation and Community Services, estimated requirements for the proposed Project would be approximately 1.76 acres of parkland. If the Quimby Act is determined to apply to the Project, park requirements could be satisfied by either land dedication or the payment of in lieu fees. In light of the Project's dedication of parkland and its provision of new recreational facilities in the form of bikeways and recreational trails, the Project's impact on park facilities and recreational services was determined to be Less Than Significant. Potential Impact: Library Services. An increase in demand for library services could result from an increase in the local housing supply, Since the proposed Project is a new residential development, a slight increase in the demand for library services could result. Finding: The City determined that this impact was Less Than Significant, and that no mitigation measures were required or recommended, Facts in Snpport of Finding: The level of need for library services and facilities in the City has increased in recent years. Current sources of revenue utilized by the City to address this need include the City's General Fund, the Public Library Foundation Program Fund, Federal/State grant funds and Friends of the Orange Public Library Fund. The contribution of the proposed Project is not so substantial as to create an adverse significant impact on the need for library services. Potential Impact: Wastewater Services. Wastewater generated by the Project could have the potential to impact wastewater treatment systems. Finding: The City determined that this impact was Less Than Significant, and that no mitigation measures were required or recommended. Facts in Snpport of Finding: The Project site is served by the Orange County Sanitation District (OCSD). Development of the Project site will increase the amount of wastewater that would need to be handled by area wastewater distribution systems and treatment facilities. The Project is anticipated to generate approximately 27,000 gallons of wastewater per day, The OCSD has indicated that the Project is not expected to exceed the capacity of the existing 18- inch wastewater line that will take wastewater from the development north and south of Santiago Creek. The 18-inch lim: is scheduled to be upsized to a 24-inch line which will provide additional capacity.Potential Impact: Storm Water Drainage Facilities. The Project may have a potentially significant impact if it exceeds the capacity of existing storm drain facilities.58 August 12, 2003 revised 9/ Finding: The City hereby makes Finding 1 and determines that this potentially significant impact is Less Than Significant by the implementation of proj ect design features that are incorporated into the proposed Project. No mitigation measures were required or recommended. Facts in SUppOTt of Finding: The Project necessitates the construction of certain new storm drain improvements, including two new storm drain outlets from the area east of the existing Handy Creek Channel and the area west of the Handy Creek Channel. In addition, the Project will construct a grass swale south of Santiago Creek to receive and treat dry weather low flows from the developed area. Measures incorporated into the Project design will control storm drainage in compliance with all applicable governmental requirements, consequently, impacts from storm drainage are considered Less Than Significant. Potential Impact: WateT Services. The Project would have a significant impact ifthere are insufficient supplies of water to service the Project. Finding: The City determined that this impact was Less Than Significant through adherence to standard conditions, and that no mitigation measures were required or recommended. Facts in SUppOTt of Finding: The City of Orange is the water service provider for the Project site. The Project is anticipated to require approximately 136,000 gallons per day for domestic water usage. The City has indicated that it has sufficient water supplies available to serve the proposed Project. In order to ensure that all water facilities are constructed in accordance with City standards, the City Public Works Department will review the site improvement plans. In addition, the water conservation measures recommended by the State Department of Water Resources and applicable state laws requiring the use of water- efficient plumbing fixtures and recommendations for low-water-using landscaping will be incorporated into the Project. Therefore, this impact is considered Less Than Significant.Potential Impact: Solid Waste Services. The Project would have a significant impact if insufficient capacity exists at landfills to accommodate the Project's solid waste disposal needs.Finding: The City determined that this impact was Less Than Significant, and that no mitigation measures were required or recommended.Facts in Support of Finding: Solid waste from the proposed Project would most likely be disposed of at the Olinda Alpha Landfill located in the City of Brea.The Project is anticipated to generate approximately I J 72 tons per year of solid waste. Taking into consideration solid waste diversion goals and programs of the City, the Project would generate an approximate increaseof approximately 0.4%59 August 12, 2003 revised of the City's disposal rate over the 1999 estimate. The amount of solid waste generated by the proposed Proj ect is not considered significant, and thus this impact is Less Than Significant. Potential Impact: Electricity, Natural Gas and Telecommunication Services. The Project would have a significant impact if it requires substantial adverse physical impacts to maintain acceptable service levels. Finding: The City determined that this impact was Less Than Significant, and that no mitigation measures were required or recommended. Facts in Support of Finding: Southern California Edison will provide electrical services to the Project and has indicated that it would be able to provide those services, The Project is estimated to use approximately 1,057,782 KWh per year. The Southern California Gas Company has facilities in the area where the Project site is located and has indicated that gas service to the Project could be provided from existing facilities without any significant impacts to existing systems. The Project is estimated to require approximately 141,000 therms per year. Pacific Bell provides telephone and telecommunication services in the City of Orange. Although expansion of existing facilities would be required to accommodate the proposed Project, the expansion is considered normal for this type of development and therefore is not considered a significant impact. L. Traffic and Circulation Potential Impact: Traffic Generated by Existing Conditions Plus Other Approved Projects and the Proposed Project. Project traffic would have a significant impact on intersections that are within the defined Congestion Management Plan (CMP) Highway network if it results in an LOS condition worse than LOS E, or worsens the existing LOS condition, ifit is worse than LOS E. For base conditions reflecting an LOS worse than E, significant deterioration in existing LOS is defined as any increase in vlc ration of 3% or more over the base condition. If traffic generated by the proposed Project increases the vlc ratio by 3% or more, CMP Level of Service objectives are not met, and mitigation is required. Finding: The City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR, Facts in Support of Finding: Traffic on the roadways near the proposed Project site were analyzed with the proposed Project trips added to the existing conditions plus the other approved Projects' traffic volumes. Traffic generated by the proposed Project would not be enough to lower the LOS on any roadway segment to an unacceptable level. Roadway segments would operate at LOS C or better 60 August 12,2003 revised 9/23/03) under near term cumulative conditions. The proposed Project would have a Less Than Significant impact on the roadway segments within the Project vicinity. The Project's impact on various intersections in the vicinity of the Project site was also analyzed. At the intersection of Katella Avenue and Wanda Road, the Project plus other traffic would increase the existing vlc ratio by 4%. Since an increase of 3% or more over base conditions is considered significant, the proposed Project would have a significant effect at this intersection when considered with the cumulative traffic increases. At the intersection of Santiago Canyon Road and Cannon, cumulative Project traffic increases the vlc ratio in the AM hours by 0,19 and 0.30 in the PM hours. This would be a significant impact. Finally, the Project also contributes to the cumulative significant impact at the intersection of Santiago Canyon Road and Jamestown Way. In order to mitigate these impacts, mitigation measures have been identified for the Proj ect. Implementation of these mitigation measures would reduce Project traffic impacts to Less Than Significant. The EIR also analyzed Year 2020 future traffic conditions using the Central County Traffic Model. The Year 2020 forecast assumed full development of the East Orange General Plan, and the Project's traffic. In the Year 2020, although Serrano Avenue will operate at LOS E with or without the Project traffic, the Project traffic increases the vlc ratio on this road by I % and therefore would have a Less Than Significant Impact. The segments of Cannon Street north of Santiago Canyon Road and Santiago Canyon Road will operate at LOS F with or without the proposed Project in the Year 2020. When improved to their ultimate classification of a six lane major arterial, both streets will operate at LOS D or better in the Year 2020 with or without the proposed Project. Therefore, the Project has a Less Than Significant impact on these roadways segments in future Year 2020 conditions. 5.12-1 The Project proponent shall contribute a "Fair Share" for the following improvements to the Katella A venuelW anda Road intersection:Re-stripe Villa Park Road to add a third westbound through lane;and Modify the traffic signal to accommodate the additional westbound through lane.5.12-2 The project proponent shall contribute a "Fair Share" for the following improvements to the Santiago Canyon Road/ Cannon Street intersection:Modify the traffic signal to eliminate the north/ south split phasing;Add a second eastbound left-turn lane;Add a second northbound through lane;Convert the second westbound through land to a shared second through/right-turn lane;Add a southbound shared through/second right-turn lane; and 61 August Convert the southbound shared left-turn/through lane to a second left- turn lane.5.12-3 The project proponent shall construct a traffic signal at the project driveway located on Santiago Canyon Road,Potential Impact: Project Access. The Project would have a significant impact if it substantially increases hazards due to a design feature,Findings: The City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR,Facts in Support of Findings: The proposed Project includes two access points,one off Mabury Avenue and one off Santiago Canyon Road. Both access points will act as unrestricted driveways. Traffie: entering and exiting the Project access off Mabury A venue is minimal and therefore the access point is expected to operate at an acceptable level of service, The Project access off Santiago Canyon Road was analyzed as a one-way stop-controlled intersection, however, the volume exiting the Project during the AM peak hour is high enough to warrant signalization. The Project proposes a new signalized intersection at the Project access to Santiago Canyon Road which is also included as Mitigation Measure 5,12-3. No sight distance issues were identified. With implementation of Mitigation Measures 5.12-2 and 5. 12-3, all Project impacts related to access would be reduced to Less Than Significant.Potential Impact: Inadequate Emergency Access. A project would have a significant impact on traffic if it created a situation of inadequate emergency access,Finding: The City hereby makes Finding 1 and determines that this potentially significant impact is Less Than Significant by the implementation of project design features that are incorporated into the proposed Project. No mitigation measures were required or recommended.Facts in Support of Finding: Two ingress and egress points are planned to be provided to the development area south of Santiago Creek. One emergency access point is planned off of the most southwesterly cuI de sac adjacent to Santiago Canyon Road, and a second is planned off of the most southeasterly cuI de sac adjacent to Santiago Canyon Road. Both are planned to be 20 feet in width and would be gated and improved with turf block. The emergency access points have been planned to comply with the requirements of the City of Orange Fire Department,. Consequently, the Project has a Less Than Significant impact on emergency access, Finding: Conflict with Adopted Policies, Plans or Program Supporting Alternative Transportation. The Project would have a significant impact on traffic and circulation if it presented a conflict with adopted plans supporting alternative transportation. Finding: The City hereby makes Finding 1 and determines that this potentially significant impact is Less Than Significant by compliance with standard conditions of approval that are incorporated and made a condition of the Project No mitigation measures were required or recommended. Facts in Support of Finding: The Orange County Transit Authority (OCTA) provides fixed route bus transit service in the vicinity of the Project. Buildout of the Project may create the need for a bus stop on Santiago Canyon Road near the Project site. The City and Project proponent will provide the OCTA with preliminary project design plans, when available, so that OCTA may provide specific recommendations regarding the location of any bus transit amenities. Compliance with this standard condition will result in Less Than Significant impacts on alternative transportation programs. Potential Impact: Construction-Related Traffic. Construction related traffic was assessed to determine if it would have a significant impact.Finding: The City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.Facts in Support of Finding: The majority of construction traffic would access the site primarily from Santiago Canyon Road. Construction traffic for development of the area north of the Santiago Creek would utilize Yellowstone Boulevard. The addition of construction traffic during both the grading operation and the final construction phases would have a Less Than Significant impact on all roadway segments in the Project vicinity, Construction traffic would have a potentially significant impact on the Santiago Canyon Road/Cannon Street intersection in month 36. Although the addition of construction traffic would account for only 3% to 4% of the increase in AM and PM peak hour trips,without mitigation this contribution would be considered significant.Consequently, in order to ensure that the Project mitigates its impact on this intersection, Mitigation Measures 5.12-1 and 5.12-2 will be required to be implemented in Month 18 of the proposed Project. With this timing provision, all impacts related to construction traffic will be Less Than Significant.Construction activity on the area north of Santiago Creek would utilize Yellowstone Boulevard to access and exit the site. With the reduction in soil import for the area north of the Creek, the Proj ect is expected to generate approximately 347 truck trips over an estimated 4 week period to construct the erosion protection improvements along the north side of Santiago Creek. Because Yellowstone Boulevard may not have been constructed to standards appropriate 63 August 12, 2003 revised for truck traffic, the construction truck trips may result in the need for street repairs to Yellowstone, This potential impact can be mitigated to Less Than Significant with implementation of the following mitigation measure. 5.13-4 The project applicant shall work with the City's Public Works Department to determine the wear and tear that construction vehicle trips will create on Yellowstone Boulevard. An amount of money determined by the Public Works Department shall be deposited with the City in a trust account. The money will be used to make any necessary repairs to Yellowstone Boulevard after the project has been constructed and street wear and tear has been analyzed,VI. FINDINGS REGARDING ALTERNATIVES A. Introduction The Final EIR identified seven alternatives as follows:I) No Project Alternative: Continuation of Existing Uses 2) No Project Alternative: Development According to Existing Plans 3) Elimination of Local Park and Increased Residential Development 4) Residential Cluster Alternative A: No Development North of Santiago Creek and Increased Density South of Santiago Creek 5) Residential Cluster Alternative B: No Development North of Santiago Creek and Development Relocated to South of Santiago Canyon Road 6) Enhanced Open Space Alternative 7) ISO-Lot Alternative with 6-Acre Park S) Equestrian Stable Alternative The City has determined that the alternatives considered in the Final EIR constitute a range of reasonable alternatives as required by CEQA (Guidelines Section 15126(d), Other potential alternatives were considered but rejected because they would not avoid or substantially lessen the significant effects of the Project. As a result of the City Council's review of the environmental documentation, consideration of public testimony presented at the public hearings on the Project, and review of all evidence in the administrative record, the City Council approved the Equestrian Stable Alternative.64 August 12,2003 revised B. Findings The City's findings and facts in support of findings with respect to each of the alternatives considered are provided below: Jl. No Proiect Alternative - Continuation or Existinl! Uses,pescription: This Alternative considered the effects of the Project site remaining in its existing state with a continuation of current uses, including concrete recycling, heavy equipment storage, a mulch production and firewood storage area, and limited agricultural activities, (It should be noted that the City is currently reviewing the concrete recycling operations and the ability of the operator to continue operation of this facility under current zoning requirements.This alternative assumes either a continuation of existing uses, or uses which are may be carried out consistent with the current Sand and Gravel Extraction zoning for the property.)nvironmental Effects: This Alternative would have less environmental effects as compared to the Project with respect to Geology, Soils and Traffic. This Alternative would have greater environmental effects than the Project with respe:ct to Aesthetics, Hazards and Hazardous Materials, Land Use, and Public Services and Utilities. This Alternative would have effects similar to the Project with respect to Air Quality and Noise. Both this Alternative and the Project would have effects on Biological Resources and Cultural Resources, however, the Project provides for the mitigation of these effects through the monitoring of grading activities to address the discovery of potential cultural resources and the protection of the riparian corridor and Creek area through open space dedications and setbacks. This Alternative would not eliminate any of the significant unavoidable adverse environmental effects of the proposed Project. bility to Achieve Proiect Obiectives: This Alternative would not meet any of the Project objectives, nor would it be consistent with the long-range goals of the City of Orange General Plan. Feasibility: This Alternative is considered to be feasible. Finding: This Alternative fails to achieve any of the Project objectives, In addition, this alternative would not address the City's General Plan objectives, Moreover, as the area around the project continues to be developed for residential uses, retaining uses that are consistent with Sand and Gravel Extraction zoning would not promote land use compatibility as compared to the proposed Project. Finally, the continuation of existing uses would not provide for greater public access to the Creek but would allow the property owner to keep the site private. Consequently, the City considers this Alternative less desirable as compared to the proposed Project even though feasible. The City finds that the proposed Project is preferred over this Alternative. 2. ;N'o Proiect Alternative - Development in Accordance with Existinl! Plans,Description: This Alternative considered the development of the Project site in accordance with the existing General Plan designations for the site. The major portion of the site is designated RA, Resource Area, in the General Pl,Ul and is zoned S-G, Sand and Gravel Extraction. The 8.2 acre portion of the site north of S,mtiago Creek along Mabury Avenue is 65 August 12, 2003 revised 9/23/03) designated LDR, Low Density Residential, in the General Plan and is zoned RI-8. The General Plan recognizes that resource extraction and agricultural uses are temporary uses that will eventually be replaced by other uses. Future uses must be compatible with existing and planned uses in the surrounding area. This Alternative assumes that the concrete recycling activities and agricultural operations would continue indefinitely on the Project site. The portion of the Project site north of the Creek was assumed to be developable with 25 residential units, Two area plans also address the Project site, The East Orange General Plan and the Orange Park Acres Plan designate the Site as a combination of "open space" and "green belt", including equestrian and recreational trails, No funding source for the acquisition of the Project site has been identified and therefore the implementation of the area plans was considered to be infeasible and was not considered as part of this Alternative.j~nvironmental Effects: This alternative would result in similar or greater environmental effects with respect to most of the environmental effects of the proposed Project. Depending on the degree of development, this Alternative could have greater adverse impacts on Biological Resources, Cultural Resources, Population and Housing, and Public Services. This Alternative would not eliminate any of the significant unavoidablt: adverse environmental effects of the proposed Project. This Alternative would generate many of the same environmental effects with respect to construction traffic, air quality, noise and aesthetics impacts as the proposed Project with respect to the development area north of the Santiago Creek. This alternative would generate incrementally more long-term trips and air ,emissions from the additional houses proposed north of Santiago Creek as compared to the proposedProject.A.bilitv to Achieve Proiect Obiectives: This alternative would further some of the Project Objectives relating to housing by the development of residential units north of Santiago Creek.The ability to improve Santiago Creek and the enhancement of biological resources and recreational opportunities afforded by the proposed Project, however, are not likely to be achieved under this Alternative due to the questionable feasibility of this Alternative.feasibilitv: The continuation of the existing uses and the residential development north of Santiago Creek are considered to be feasible. In order to develop the passive and active recreation areas south of the Creek that are contemplated under the East Orange General Plan and Orange Park Acres Plan, however, a public agency would have to acquire this portion of the Project site. No funding source has been identified for such an acquisition and the feasibility of such an acquisition is considered to be questionable.Finding: This alternative would accomplish some of the Project Objectives, but would not avoid or substantially reduce significant Project impacts, as air emission impactswould contin\ll~ to be generated by the continuation of existing uses and the development of the area north of Santiago Creek, and both would still permit activity in the vicinity of the Creek that may contribute to cumulative impacts. The overall opportunity to provide recreation and open space amenities would also be uncertain given the lack of an identified funding source for the acquisition of the land and the construction of the improvements. The City, therefore, finds that the proposed Project is preferred over this Alternative.66 August 12, 2003 revised 9/ 3. Elimination of Local Park and Increased Residential Development pescription: This Alternative would eliminate the approximately 6-acre local park site for the Project and increase the nwnber of homes from the Project's 183 proposed homes to approximately 195 homes,nvironmental Effects: This Alternative would result in negligible differences in most impacts associated with the proposed Project with the exception ofresulting in greater Land Use and Public Service impacts, The elimination of the park would not satisfy the goals of the Orange Master Plan for Park Facilities, Recreation and Community Services and would exacerbate an existing deficiency in park areas in the City, This alternative would also have greater impacts on the City's ability to provide recreational services even though the Project would still be required to pay in lieu fees for park purposes. The amount of permeable area,however, would be reduced which could result in additional impacts related to surface drainage,The number of vehicle trips per day would be reduced by 60 trips under this Alternative. This Alternative would not eliminate any of the significant unavoidable adverse environmental effects of the proposed Project.j\bilitv to Achieve Proiect Obiectives: This alternative would fulfill all of the Project Objectives but would not meet the goals of the City's Master Plan for Park Facilities, Recreation and Community Services, and would aggravate an existing deficiency in available public park space.Feasibilitv: This Alternative is considered to be feasible,Finding: Because this Alternative would not accomplish the goals of the City's Master Plan for Park Facilities, Recreation and Community Services, and would aggravate an existing deficiency in available public park space, and because this Alternative would not reduce or eliminate any of the environmental effects of the Project, the City finds that the proposed Project is prefelTed over this Alternative.4. Residential Cluster Alternative A: No Development North of Santiago Creek and ID<:reased Density South of Santiago Creek Description: This Alternative would maintain the 183 dwelling unit total proposed for the Project, but would increase the amount of open space by clustering development south of Santiago Creek. The average size of the lots would continue to be a mixture of 6,000 to 8, 000 square feet. No development would occur north of Santiago Creek.Environmental Effects: This Alternative would have similar environmental effects as the Project, except that less impacts would occur relative to the Mabury Ranch neighborhood,although such impacts were not considered to be significant. No grading for development would occur north of Santiago Creek, although construction of the revetment wall for erosion control purposes would still be required on the north side of the Creek in order to satisfy the requirements of the Orange County Flood Control District. The amount of construction-related traffic accessing the Project site would be limited to just the trucks and equipment needed to construct the revetment wall and bridge. This Alternative would have similar landuse compat:ibility impacts as the Project in that it would not provide a transition between the smaller 67 August 12,2003 trevised 9/ 8,000 square foot lots and the adjacent Reserve development and would include 6,000 square foot lots. This Alternative would not eliminate any of the significant unavoidable adverse environmental effects of the proposed Proj ect. I.bilitv to Achieve Proiect Objectives: This Alternative would achieve most Project Objectives. It would not accomplish the Project Objective of providing a transition from the adjoining half-acre project and the smaller lots proposed to be developed within the Project.Feasibilitv: This Alternative is considered to be feasible.Finding: Because this Alternative would have similar effects to the proposed Project, but would not reduce any of the unavoidable impacts of the Project and would result in more intense development south of the Creek and limit the ability of the property owner to develop property zoned lor residential uses, the City finds that the proposed Project is preferred over this Alternative.5. Residential Cluster Alternative B: No Development North of Santiago Creek and Development Relocated to South of Santiago Cauyon Road pescription: This Alternative would result in approximately 17 dwelling units being relocated from the area north of Santiago Creek to the 7.4 acre site south of Santiago Canyon Road. Density on the7.4 acre site would be approximately2.4 units to the acre. An existing equestrian facility would be eliminated,Environmental Effects: This Alternative would result in greater land use compatibility impacts than the proposed Project because it would eliminate an existing equestrian facility on the7.4 acre site and replace it with residential units at a greater density than the surrounding Orange Park Acres community that is generally developed with one acre lots. This Alternative may have greater Aesthetic impacts because views of the7.4 acre site would change from the public: vantage points along Santiago Canyon Road. Traffic impacts would also be greater due to the need for additional ingress and egress along Santiago Canyon Road, but traffic through the Mabury Ranch neighborhood would be eliminated, This Alternative would not eliminate any of the significant unavoidable adverse environmental effects of the proposed Project.Abilitv to Achieve Proiect Objectives: This Alternative would create greater land use compatibility impacts than the proposed Project. This Alternative would otherwise meet most of the Project Objectives.Feasibilitv: This Alternative is considered to be feasible.Finding: Although this Alternative would meet most of the Project Objectives, it would not would reduce or eliminate any of the significant unavoidable impacts. Because this Alternative would cause land use compatibility issues with adjoining residences and would eliminate an existing equestrian facility, the City finds that the proposed Project is preferred over this Alternative.68 August 12, 2003 revised 9/23/ Ii. Enhanced Open Space Alternative Description: The Original Project proposed a 3.6 acre public park. This Alternative which was included in the Draft EIR on the Original Project analyzed an alternative that increased the size of the park to 4 acres. Four residential units would be eliminated. Access to the new park/recreation site would be from Santiago Canyon Road at the terminus of the cul- de-sac designated as "E" Street on the proposed tract map. Access for future residents of the Project would be limited to non-vehicular access from private streets within the Project. The improvement to the new park/recreation site would be those typically associated with a neighborhood park. It is assumed that the City would improve the new park/ recreation facility.This Alternative also includes two additional recreational trails crossing Santiago Creek. One trail would be a bicycle trail along the south side of Santiago Creek and connecting to the bridge crossing at Cannon Street. The other trail would be a multi-purpose trail across Santiago Creek connecting with the existing equestrian trail bordering the Creekside development on the north side 0 f the Creek.After circulation of the Draft EIR, revisions were made to the Original Project which increased the size of the public park site from 3.6 acres to 6 acres, and also incorporated a bridge over Santiago Creek in a different location to provide a linkage to the existing multi-purpose trail on the north side of the Creek. The environmental effects described in the following section for this Alt,ernative were considered by the City in the Additional Analysis document and the need for additional mitigation was incorporated into the Project Environmental Effects: This Alternative would have similar environmental effects to the Original Project with the exception of Biological Resources, Land Use and recreational facilities.The potential Biological Resources impact would be greater than the Original Project in that the proposed trail crossing over the Santiago Creek would result in additional impacts to the Creek and riparian habitat, and result in greater human activity in the Creek area as compared to the Original Project. Additional mitigation measures would be required in order to reduce these impacts to less than significant levels. The larger park site would be consistent with the City's minimum standard for neighborhood parks. The larger site would also afford greater flexibility in the range and type of recreational facilities. The additional trails would also be consistent with the concepts in the City's Bikeways Master Plan and the Recreational Trails Master Plan.The construction of a trail across Santiago Creek, however, would result in increased human and animal traffic across the Creek and along the north side of the Creek. This Alternative would not eliminalte any of the significant unavoidable adverse environmental effects of the Original Project.Abilitv to Achieve Proiect Objectives: This Altemative would achieve most of the Project Objectives. The inclusion of additional trails and recreational facilities would also further the goals and objectives of the City with respect to the provision of additional park and recreation facilities and is considered to be the most consistent alternative with respect to land use and planning policy.Feasibility: This alternative is considered to be feasible, although no funding source has been identified for the improvement of the new park/recreation site. 69 August 12,2003 As noted above, after circulation of the Draft EIR, modifications were made to the Original Project to increase the size of the park site from 3.6 acres to 6 acres and to include a trail crossing over Santiago Creek. In addition, the project proponent, Fieldstone Communities, has agreed to provide funding for the park improvements through a community facilities district so that the feasibility considerations identified above have been addressed by the Project. finding: Although this Alternative would meet most of the Project Objectives, the impacts on Biological Resources associated with this Alternative are greater than the Original Project. As a result of modifications made by the project proponent to the Original Project, the features described in this alternative have been incorporated into the Project. The Project now proposes a larger (6 acre) park site than the Original Project's 3.6 acre site, and also includes a trail crossing over Santiago Creek. The additional impacts that would result from these modifications were analyzed in the Additional Analysis document and additional mitigation measures to reduce these impacts to Less Than Significant have been identified. Because the Project now includes a larger park site, and greater open space and recreational opportunities, including trail connections to the existing trail north of the Creek, a loop trail around the park, and a private equestrian facility, the City finds that the Project is preferred over this Alternative. 7. 180-Lot with 6-Acre Park Alternative Description: This Alternative would differ from the Project by the elimination of the 2-acre private equestrian facility in the south east corner of the project site and the inclusion of nine 20,000 square foot lots along the eastern boundary. The size of these nine lots would permit the owners of those lots to maintain horses on their property. The total number of residential units would be 180, The area north of Santiago Creek is proposed for development of 17 residential units on 8,000 square feet lots. A total of 163 homes are proposed south ofthe Creek,with 82 units developed to the east of the project entry on 8,000 square foot minimum lot sizes and 72 units developed west of the project entry on 6,000 square foot minimum lot sizes. Except for thesl~ changes the components of this alternative would be the same as the proposed Project.Environmental Effects: This Alternative would result in similar impact to the proposed Project. Because this alternative does not include a stable, it has the potential to have less impacts associated with stable operations, such as operational air quality, biological resources,water quality, noise and traffic. However, this Alternative would still allow nine homeowners to keep horses on their property. The keeping of horses by private homeowner would not be managed, nor regulated by the homeowners' association as the private equestrian facility, and therefore, there would be less ability to address odors, noise associated with the private stables,and potential water quality impacts from runoff under this Alternative as compared to the proposed Project. This Alternative would not eliminate any of the significant unavoidable adverse environmental effects of the proposed Project.Abilitv to Achieve Proiect Obiectives: This Alternative meets the Project Objectives.Feasibilitv: This Alternative is considered to be feasible.Finding: Although this Alternative would meet the Project Objectives, it would not would reduce or eliminate any of the significant unavoidable impacts. Because this Alternative 70 August 12, 2003revised 9/ would only allow a maximum of nine homeowners in the proposed development the ability to stable horses on their property, the City determined that it does not meet the goals of maintaining and promoting the equestrian nature of the Orange Park Acres community as well as the proposed Project. The ability for more homeowners, other than the nine who purchase the 20,000 square feet lots, to maintain horses at the private equestrian facility proposed by the Project was considered more desirable from a land use planning and community compatibility perspective, Therefore, the City finds that the proposed Project is preferred over this Alternative, C. Environmentally Snperior Alternative None of the Alternatives can be considered to be environmentally superior to the proposed Project. All of the Alternatives considered would have similar or greater environmental impacts than the Project. None of the Alternatives would eliminate any of the signific.mt unavoidable adverse environmental effects ofthe proposed Project. VII. STATEMENT OF OVERRIDING CONSIDERATIONS A. Introduction The City is the Lead Agency under CEQA for preparation, review and certification of the Final ElR for the Sully Miller Fieldstone Communities Project. As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its signific:mt unavoidable adverse environmental impacts in determining whether or not to approve the proposed Project. In making this determination the City is guided by CEQA Guidelines Section 15093 which provides as follows: a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed Project against its unavoidable environmental risks when determining whether to approve the Project. If the specific economic, legal, social,technological, or other benefits of a proposal (sic) Project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered " acceptable."b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/ or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record,c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not 71 August 12, 2003 revised 9/23/ substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code Section 2l08l(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the projec.t. Pursuant to Public Resources Code Section 2l08l(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed Project against the following unavoidable adverse impacts associated with the proposed Project and has adopted all feasible mitigation measures with respect to these impacts. The City also has examined alternatives to the proposed Project, none of which both meet the Project Objectives and is environmentally preferable to the proposed Project for the reasons discussed in the Findings and Facts in Support of Findings. The City Council of the City of Orange, acting as Lead Agency, and having reviewed the Final EIR for the Sully-Miller/Fieldstone Communities project, and reviewed all written materials within the City's public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the Project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the Proj eel.B. Significant Unavoidable Adverse Environmental Impacts Although most potential Project impacts have been substantially avoided or mitigated, as describ,~d in the Findings and Facts in Support of Findings, there remain some Project impacts for which complete mitigation is not feasible, For some impacts, mitigation measures were identifi,~d and adopted by the Lead Agency, however, even with implementation of the measures,the City finds that the impact cannot be reduced to a level of less than significant. For other impacts, no feasible mitigation measures were identified and no feasible alternatives were identifi,~d that would avoid or minimize these impacts. The impacts are described below and were also addressed in the Findings.The Final EIR identified the following unavoidable adverse impacts of the proposed Project:Construction Air Quality Impacts. Implementation of the mitigation measures identified to address construction air quality impacts can reduce the potential impacts of PMlO and hazardous materials to less than significant levels. All other emissions would be reduced to the extent reasonably feasible, but NOx emissions associated with the use of construction equipment and vehicles as well as ROGs from the application of surface coatings would be expected to remain significant during construction, Because there are no feasible means, including the 72 August 12, 2003 revised 9/23/ consideration of alternatives, to reduce aU air quality impacts generated during construction to less than significant levels, this impact is anticipated to remain significant. Flooding Resulting from the Failure of the Villa Park Dam. In the event of an earthquake induced dam failure, portions of the Project site are located within the Villa Park Dam and Santiago Reservoir Dam inundation areas. Although the Project proposes an extensive system of bank stabilization structures to minimize the potential for flooding and erosion along the Santiago Creek channel, no feasible measures have been identified to protect the Proj ect site and significant portions of the City in the event of a seismically induced catastrophic dam failure upstream, Because of the lack of feasible mitigation measure and alternatives, this impacts is anticipated to remain significant. The Project, when considered together with other related projects (including past, present and probable future projects) was also determined to have the following significant cumulative impacts: Cumulative Impacts Related to Air Quality. Site construction activities, as discussed previously, will result in significant impacts as a result of NOx and ROG emissions. These emissions also add to the cumulative air quality impact for short-term activities. In addition, implementation of the Project together with other related projects will result in a significant cumulative impact on long-term air quality which cannot be mitigated to a level of less than significant even after implementation of all identified mitigation measures,Cumulative Impacts Related to Biological Resources/Sensitive Species. The Project may result in indirect impacts due to siltation, runoff, noise and human disturbance on sensitive species occupying Santiago Creek, such as the arroyo southwestern toad, western spadefoot toad and southwestern pond turtle, all of which have a low potential to occur in Santiago Creek, and the yellow warbler and yellow-breasted chat. Consequently, the Project contributes incrementally to potentially significant cumulative indirect impacts on sensitive species on a local and regional basis, Although mitigation measures have been identified that will assist in mitigating these cumulative impacts to the extent possible, impacts to sensitive species along the Creek are considered reduced, but will remain potentially significant and adverse. C Overriding Considerations The City, after balancing the specific economic, legal, social, technological, and other benefits of the proposed Project, has determined that the unavoidable adverse environmental impacts identified above may be considered acceptable due to the following specific considerations which outweigh the unavoidable, adverse environmental impacts of the proposed Project.73 August 12, 2003 revised 1. Provision of 40 Acres of Public Open Space. The Project provides approximately 40 acres of public open space along and adjacent to the alignment of the Santiago Creek as it flows through the property, With the entire Project site consisting of approximately 110 acres, the Project proposes to retain over one-third of the Project site as public open space. The Project is designed to avoid all impacts to the federal jurisdictional waters of the United States and wetlands within the Creek, and minimizes impacts to the riparian habitat areas along the Creek. The Project has set aside the entire Creek alignment as well as open space areas along both sides of the Creek for open space purposes that will be accessible to the public and used for recreational purposes by the construction of new trails. This open space area continues the concept of a greenbelt area along the alignment of the Creek through the Project site,2, New Trail Alil!nments and Connections. The Project proposes the construction of four public trails. The Project would extend an existing trail that currently stops at the boundary of The Reserve along the entire length of the property along Santiago Canyon Road. When constructed, this trail will provide a complete loop" system that will run along Santiago Canyon Road, extend into the project site along the 6-acre park site, connect to the new trail provided by the project along the south side of Santiago Creek, and then proceed either north over Santiago Creek via the new bridge (see below) or proceed south through the project back to connect with the trail along Santiago Canyon Road. The Project also proposes to implement a portion of the multi-purpose trail segment shown on the City's Recreational Trails Master Plan by providing a north-south connection between the Santiago Canyon Road trail, the new r,ecreational trail running along the south side of the Creek, and the existing trail that runs along Mabury Avenue. The completion of the north-south link shown in the City's Recreational Trails Master Plan will be accomplished through the construction of a permanent bridge structure to accommodate a multi-purpose trail crossing over Santiago Creek. The Project proposes to construct two trails along the south side of Santiago Creek, a multi-purpose trail that is shown on the City's Bikeways Master Plan, and a r,ecreational trail that will run along the entire length of the Creek through the Project.The multi-purpose trail on the south side of the Creek has also been designed to provide a connection into Santiago Oaks Regional Park. (The existing trail along Mabury Avenue already provides a connection into Santiago Oaks Regional Park on the north side of the Creek.)Additionally, the Project proposes a new at-grade crossing at Santiago Canyon Road to provide safer access than what exists today for horses and riders to cross Santiago Canyon Road and access the new recreational trails on the Projectsite.Finally, the Project proposes to dedicate a 0.4 acre area located in the southeast corner of the Project site to permit the future construction by others of an equestrian undercrossing or overcrossing across Santiago Canyon Road,3. Dedication of 7.6 acres of Residential-Zoned Property. When the Project was originally proposed in 1999, Fieldstone Communities proposed development of an approximately 7.6 acre parcel on the south side of Santiago Canyon Road 1 acre homes on 4.0 acres of the parcel, and retaining the existing 3,0 acre equestrian facility on the remainder of the site. This parcel is zoned residential for I acre lots. A total of seven homes could be constructed on this parceL Since its original submittal, the Project proponent has offered to dedicate the 7.6 acre to Orange Park Acres so that the xisting equestrian facility can be retained, and possibly expanded, It is contemplated that the 7,6 acre parcel will continue to be used by the Orange Park Acres community for equestrian and community uses. 4. Redevelopment of the Proiect Site and Remediation of a former Sand and Gravel Extraction Site. The Project will provide for the remediation of a site that has been historically used for sand and gravel extraction and processing, and redevelopment of the site with residential and recreational uses that are compatible with surrounding areas and provide new recreational amenities to City residents. The Project site was formerly used for sand and gravel mining, including two hot-mix asphalt plants,and related operations. More recently, the Project site is used for limited aggregate processing operations, concrete recycling, and other associated industrial uses. Since the initiation of sand and gravel mining operations over 50 years ago, the areas surrounding the Proj ect site has been developed primarily for residential uses and the industrial operations are not compatible with the adjacent residential uses, The sand and gravel operations were also much more impacting on the Creek habitat as evidenced by the presence of industrial debris in and along the Creek. The proposed Project will result in the redevelopment of this former industrial site, restoration of Creek habitat and dedication of 40 acres including the Creek for public open space purposes, and development of uses more compatible with and consistent with the surrounding area.5. Intersection Improvements to Santial!o Canyon Road. The Project will provide a new traffic signal at Santiago Canyon Road and the Project entry that will provide circulation benefits to vehicles using side streets such as Jamestown Way wishing to access Santiago Canyon Road.6. Santial!o Creek Erosion Protection Improvements. Currently, the section of the Santiago Creek located on the Project site is within the jurisdiction of the City of Orange, and under private ownership. hnplementation of the Project will provide for the future ownership of the Creek by the County of Orange, thus providing public ownership and control of the Santiago Creek for the entire length from Santiago Regional Park, through the Project site, to the County-owned facilities west of the Project site. The Project also provides erosion protection improvements along the entire length of the Creek that runs through the Project site on both the north and south banks of the Creek.The Project will remediate and replace the existing rip-rap that was placed by the developer of the Mabury area but which was never properly engineered or constructed to City or County standards. In addition, the erosion protection improvements along the Gorth side of the Creek will provide protection from Creek erosion for Mabury Road and the Mabury residential area.7. Six Acre Public Park Dedication and Fundinl!. The Project will dedicate to the City a 6-acre public park site in the southwest section of the Project site, 75 August 12,2003 adjacent to Santiago Canyon Road and the closed Villa Park landfill for a park site. The size and location of this 6-acre site will allow the City, once it completes the design and entitlement process for the park, to use the site for active park purposes to address the needs of the City for additional park space to meet existing deficiencies in the City, The 6-acre park exceeds the amount of parkland required by the City's development standards by more than four acres. Additionally, the Project will provide funding through a ommunity facilities district in an amount not to exceed $2.1 million for park improvements.76 August 12, 2003 revised 9/ WUBIIB ERRATA Revisions to Ihe Mlligalion Monilorlng Program For Ihe Sully-Miller/Fieldstone Communilles Proleel, Dsled AU9U8112, 2003 The City has determined that a Conditional Use Permit (CUP) will not be needed for the private equestrian steble to be eSlablished as part of the Sully-Miller/Fieldstone Communities Project since the approval of the equestrian stable is at the discretion of the City's Community Development Director.Three mitigation measure have been included in the Project's Mitigation Monnoring Monitoring Progrem.dated August 12, 2003, that were to be considered as part of a CUP that was going to be required to develop the equestrian stable. These measures will need to be revised since no CUP will need to be approved for the project, Therefore, the following changes have been made 10 aesthetic mitigation measure No. 5.1'3, and air quality mitigation measures No, 5.2'9 and No. 5.2-10 in Ihe Project Mitigalion Monitoring Program to delete the references to a CUP,The mitigation measures to be revised are listed below, Language in the measures that is to be removed has a strike mark through the language, Language added to the measure has a double line placed under the new langu8ge,Mitigation No. 5.1-3 ll-Altcrr,at"c 11s 81'I'reveEl, tIhe project proponent shall prepare a landscape plan and a lighting plan to be approved !9L~~....2LJgJt1~~~.- 5l~aDermit fOrJh~ eQlJestrian 19J.l:",a5iJart of the re~tliredConditional U,e Permit,- The lighting plan shall control light spillage within the sile for the stable and limit lighting to thatnecessary for eRly- security purpOses.2D3. The landscape plan B,hall provide enhanced screening along all edges of the stable facility.Mitigation No, 5,2-9 If Mcrnati,c q i~-6. Vector Control Plan shall be prepared for the stable facility, and shall be incorporated tflI&reY~lfle-r"'t~ c Permit as a component of an operations plan ecinr lQ_\Ml'ill!.~Aan~lliJcj~ l~u.gu~!QilnJ~ler tile staele faeililyc-The plan shall include measures to minimize the potential for rool rats and flies to be attracted to the facility, Measures to minimize roof rat presence shall include keeping ~supplements in airtight. metal containers: and keeping vegetables and fruits ( such as carrots and apples) in metal wire mesh containers lined with a flexible wire impregnated fabric, The wire mesh shall be suspended from a wall or ceiling to avoid contact with the ground. The plan shall also require regular inspections and maintenance 01 the stable facility to seal all possible access points ( i.e., holes, no cracks greater than 2 inches). and repair of leaky faucets and irrigation lines to minirrize the presence of standing water, Fly suppression moasures to be included in the vector control plan shall include employing commercial fly spray system for stables. utitization of natural predators such as wasps. and removal of manure from stables dally. and remove of manure from storage facilrties a minimum of once a week,Mitigation No, 5.2-10 ll-Allefflat,ve 1 is approved, all-MOdor Control Plan shall be pleparedfor the 51a91e-~Mlfacitity,and shall be inc8,-pa'ated ifl!&-feYiew-~~--BD.AJN.QY;!2raled intg)hJL~~f~~as a componenl ofanoperat'onsplan ~Vh~ i~uanc~ ol.M'll p.\illi!iP~~bb\!lf~~!r@LtaSiliYl)or the (table boilit;c-,The GQdor G~ontrol P~lan shall, at a minimum, include daily cleaning of stalls to remove soiled hay and manure. and emptying of manure storage facilities and other wastes collected at the stable facility a minimum of once a week, or more frequently as necessary to maintain DRAFT MITIGATiON MONITORING PROGRAM FOR: SULLY- MILLER/ FIELDSTONE COMMUNITIES SCH# 99101125 Prepared lor:CITY OF ORANGE Conlact Christopher Carnes, AICP Senior Planner Submitted by:THE PLANNING CENTER Contact:Raben p, Rusby Director 01 Environmental Services ELDSTONE/SULL Y MILLER Attachment No, 11 MJ igation Measures for FEIR 1647, 00 dated August 12, 300 E. Chapman Avenue Orange, CA 92866 714.744.7220 1580 Metro Drive Costa Mesa, CA 92626 Phone: 714,966.9220 DRAFT MITIGATION MONITORING PROGRAM FOR: SULLY- MILLER/ FIELDSTONE COMMUNITIES SCH# 99101125 Prepared for:CITY OF ORANGE Contact Christopher Carnes, AICP Senior Planner Submitted by:THE PLANNING CENTER Contact:Robert P. Rusby Director of EnvlfonmenrnlSeN~ es FLD- 01.0E APRIL Table of Contents Section PaQe 1. LEGISLATIVE MANDATE ....................................,...,......................................................1- 1 2. PROGRAM MANAGEMENT ............................................................................................ 2-1 2,1 ROLES AND RESPONSIBILITIES: PROJECT MANAGER ",,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,2-1 2,2 MITIGATION MONITORING PLAN PROGRAM DEFINITIONS""""."""""""".."""".".".2-1 3, ENVIRONMENTAL ANALYSIS ............................. ...........................................................3-1 3.1 DESIGN PHASE/PLAN CHECK """". ,."",,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,3- 1 3.2 CONSTRUCTION PHASE .."."".,.... ",."."..,.".".."...."."'"."...".""..".".'""...,."..."".",, 3-1 3,3 OPERATIONAL PHASE.. """.".".""... '" """.."...".. .".. ."..."... ."".".". .".."."."." ",,,,,3-1 3. 4 REFINEMENT OR ADDITION OF MITIGATION MEASURES."",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.3-2 4, MITIGATION MONITORING MATRIX .............................................................................. 4-1 5, ATTACHMENT A: MITIGATION MONITORING PROGRAM REPORTING AND IMPLEMENTATION FORM .............................................................................................5-1 P\FLD-O! ,FEJRVlddllilill,,1 A'I<,.'J'".\AlfI-,\J"1I }(<l' P''' Table of ContentJ This page intentionally left blank. P'\FU).O/\F!:/RI.A(Id,ll'illa/ AII'llp,,\Alil.,ll'J/! Jin' Pn./td /,mp''';' 042903,d,~-The Planning Center - Page ii 1. Legislative Mandate The California Environmental Quality Act requires public agencies to adopt mitigation monitoring or reporting programs for all projects for which an environmental impact report or mitigated negativedeclarationhasbeenprepared. This is intended to ensure the implementation of all mitigation measures adopted through the CEQA process. The following is the full text of the legislation related to mitigation monitoring or reporting: PRC 921081.6 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 significanteffectsontheenvironment. 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 agencyhavingjurisdictionbylawovernaturafresourcesaffectedbytheproject, that agency shall, if so requested by the fead agency or a responsible agency, prepare and submit a proposedreportingormonitoringprogram, a2) 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 requiredmitigationmeasuresor, in the case of the adoption of a plan, policy, regulation, or other publicproject, by incorporating the mitigation measures into the plan, policy, regulation, or projectdesign. e) Prior to the close of the public review period for a draft environmental impact report or mitigatednegativedeclaration, a responsible agency, or a public agency having jurisdiction over natural resources affected by the project, shall either submit to the lead agency complete and detailed performance objectives for mitigation measures which would address the significant effects ontheenvironmentidentifiedbytheresponsibleagencyoragencyhavingjurisdictionovernatural resources affected by the project, or refer 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 statutory authority of, and definitions applicable to, that agency. Compliance or noncompliancebyaresponsibleagencyoragencyhavingjurisdictionovernaturalresourcesaffectedbya project with that requirement shall not limit the authority of the responsible agency or agencyhavingjurisdictionovernaturalresourcesaffectedbyaproject. or the authority of the lead agency, to approve, condition, or deny projects as provided by this division or any other provisionoflaw. The program defined in this document is intended to satisfy the spirit and letter of this law, P:\f;LD-OI"FI:'IR'y'lddlll"'I''/ .'iJl",\,,,',JlJII.Jlj,,,, Rev PP'I,..11i:ml!/"lt 042903../"The Plannt'ng Center. Page]-] 1. Legislati've ll,1andate This page intentionally left blank. The Planning Genter. Page]-2P__\FLD_(j1 \FElk'v1ddili'.'IIJ! ,1",'lJ'"_\i\11/_AI",, I\w p",;,,, l"'mpfaI~ ()4290J_J" 2. Program Management The mitigation monitoring plan (MMP) for the Sully,Miller/Fieldstone Communities project will be in place through all phases of the project. including design, construction, and operation. Enforcement of the MMP will be the responsibility of a Project Manager from the City of Orange, under the direction of the City of Orange's Director of Community Development. 2.1 ROLES AND RESPONSIBILITIES: PROJECT MANAGER The designated Project Manager (PM) for the Lead Agency 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 measure is being properly implemented or may draw upon other experts as needed. The PM oversees the MMP and reviews the Reporting and Implementation (R & I) forms to ensure they are filled out correctly and proper action is being taken on each measure. The PM and/or an assignee will also be responsible for the filling and updating of the R & I forms during all phases of the project. The PM will determine the need for a measure to be modified and ensure the use of a mitigation specialist if technical expertise beyond the PM's is required. If it is found that an adopted mitigation measure is not being properly implemented, the PM will require corrective actions to ensure adequate implementation. The responsibilities of the PM include the following: 1. An MMP reporting form will be prepared for each potential significant impact and its corresponding mitigation identified in the list of mitigation measures attached hereto, 2,Appropriate specialists will be retained, as needed, to monitor specific mitigation activities and provide appropriate written approvals to the PM, 3.The PM and/or an assignee will approve, by signature and date, the completion of each action item identified on the MMP reporting form, 4, All 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. The PM is responsible for approving any such refinements 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 contractors if any aspect of the MMP is not in compliance. 2.2 MITIGATION MONITORING PLAN PROGRAM DEFINITIONS The MMP consists of key program elements. The definitions of these elements are summarized below, Mitigation Monitoring Plan Files Files are established to document and retain records of the MMP. The file organization is established by the PM according to mitigation measures and project phases, P.-\fLV-IJ!\fFIf{'.;I,MlIl",!,,1 Autdl"/I\Mih'\JIIII R",PI'IIWI Trmfrl,;Jc 1}.:j.!L)IJ; ./'.Tbe Planning Center- . Page 2- 2. Program Management 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 Attac:hmentA Environmental Compliance Verification At the completion of construction contracts that are part of the overall development of the project, a verification of environmental compliance is executed by the PM, The verification concludes the construction monitoring process for the contract. P:\FLD-OIV-EJJ<\/ldd/ll"llu! A,,,,I)"I.\MJ/-/Il,,,, R.v Pru;.,[ 'li:mpfal< 04290J_dl~The Planning Center - Page 2~2 3. MitigationMonitoring Program Procedures The policies and procedures for the Mitigation Monitoring Plan (MMP) described herein are intended to provide focused, yet flexible, guidelines for monitoring the implementation of the mitigation measures adopted by the City of Orange. The Mitigation Monitoring Matrix lists each mitigation measure adopted for the proposed project, and each measure in the attachment is numbered. The matrix correlates each measure, by its assigned number, to the specific phase of the project to which the measure applies. The matrix also provides the Project Manager (PM) a verification of compliance for each mnigation measure during each applicable phase of the project. The three project phases include design, construction, and operation. A Reporting and Implementation (R & I) form (see Attachment A) is prepared for each potential significant impact and its corresponding mitigation measure. After each measure is verified for compliance during each phase, no further action is required for the specific phase. The PM shall initial and date the measure on the Mitigation Monitoring Matrix, It is recognized that the mitigation measures contained in this MMP may be modified through future environmental review. Future environmental review after selection of a project site and completion of site plans may necessitate such changes. 3.1 DESIGN PHASE/PLAN CHECK The design/plan check phase includes 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 measure(s) 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 mnigation measures have been incorporated into the project design. Review of specifications is particularly important to clarify contractor responsibilities during construction. Comments on design documents are provided by the PM to design engineers and architects, Upon completion, the activity is reviewed by the PM to determine if the applicable mitigation(s) has been implemented. In the event the PM determines that them is noncompliance with any of the mitigation measures to be implemented during the design/plan check phase, corrective actions are required, and a follow. up review is conducted after the design documents are modified in response to the PM's comments. The R & I forms are completed after each activity. 3.2 CONSTRUCTION PHASE Construction activities are monitored as often as conditions dictate, to ensure that required mitigation measures are implemented, Construction mitigation activities are monitored by the PM, or an assignee. The PM and construction contractors will meet monthly to identify mitigation measures that would be applicable to construction activities scheduled for the month, and to review the monitoring activities of the previous month. The PM coordinates with affected local' agencies to ensure applicable mitigation measures are implemented. 3.3 OPERATIONAL PHASE Once the project is completed and operating, the PM continues to monitor the facility to verify that the adopted operational mitigation measures are implemented, The frequency of the monitoring is determined by the PM, but monitoring and reporting shall occur at least annually. The PM is responsible for ensuring correction of noncompliance situations throughout the operational phase of the project. P\FLD-U/\FfJR\.AdJ;I;mu.:! AII"ly,i\\M11-.\I'lll RH' P"'I"/l",,pf,'/r 042903.dfiC The Planning Center - Page 3-] 3. MitigationMonitoring Program Procedures 3.4 REFINEMENT OR ADDITION OF MITIGATION MEASURES During each phase, unanticipated circumstances may arise requiring the refinement or addition of mijigation measures. The PM is responsible for recommending changes to the mitigation measures, if needed. If mitigation measures are refined, the PM and/or assignee will complete an R & I form documenting the change and will notify the construction contractor about the refined requirements, P.-IFLD.lJ]',fI:'/I<\./ldd"""I../ A'"Jfy,i,IMII-,\j'J1lUrv PH!}'./ r~mljlal< 042'JO).d'A The Planning Center. Page 3- 4. Mitigation Monitoring Matrix This section contains the Mitigation Monitoring Matrix for this project It will be used to maintain records of compliance with the adopted mitigation. P. IFI.V-li/\I-f-IRVlddUII!1/"t Auaipi.\/llil.AJt,1I R~v I'l'i"l I,m/,j.", rJ42')(J3.d,.The Planning 4. Mitigation Monitoring Matrix This page intentionally left blank. 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Attachment A ATTACHMENT A: MITIGATION MONITORING PROGRAM REPORTING AND IMPLEMENTATION FORM p..'.,rLV-lJl' I"r IUVlddlli,,,;,,1 Alld!pi.'\i~liI-i\JOII Un Prr,/<<I I.m,!,I"". 11_,_ ),)j_,f,~The Planning Cemer . SULLY-MILLER/FIELDSTONE COMMUNITIES PROJECT MITIGATION MONITORING PROGRAM REPORTING AND IMPLEMENTATION FORM Mitigation Measure # [SAMPLE FORM] location On-site Off-site Project Phase Design Construction Impact Issue I Operation Description of Activity/Method of Implementation: Disposition Mitigation measure for above-noted project phase implemented_ No further action is required_Mitigation measure for above-noted project phase not fully implemented_ Further action required_ ( Please explain below_)Mitigation measure for above-noted project phase not in compliance_ Further action required_ (Please explain below_)Comments/Revisions: Completed by: Approved by: Name Name Titl" TitleDate Date P.-\FLD-OIIFfJR'vlddirilllla/ AllafJIl,\A111-..\jlJl/ Rn p,',j.,,[ Temp/"I< 1).nY()),d,~The