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HomeMy WebLinkAbout6799_CCv0001.pdf RESOLUTION NO. 6799 A RESOLUTION OF THE CITY COUNCIL OFT -IE CITY OF REDLANDS CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING A STATEMENT OF ENVIRONMENTAL EFFECTS, MITIGATION MEASURES, FINDINGS, AND OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING PROGRAM, FOR THE PROPOSED FINAL ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN AMENDMENT NO. 2009-1-A; AMENDMENT O.36 TO SPECIFIC PLAN NO.40; CONCEPT PLAN O. 7; TENATIVE PARCEL MAP NO. 18550; CONDITIONAL USE PERMIT NO. 907; TENATIVE TRACT NO. 1,8444 AND COMMISSION REVIEW AND APPROVAL NO. 851(REDLANDS COMMONS/TROJAN GROVES) AND THE REDLANDS COMMONS DEVELOPMENT PLAN BE IT RESOLVED by the City Council of the City of Redlands as follows: Section.I. The City Council of the City of Redlands hereby certifies the final Environmental Impact Report and adopts the following statement of environmental effects, mitigation measures, findings, and overriding considerations, and a mitigation monitoring program, for the proposed final Environmental Impact Report for General Plan Amendment No.2009-1-A- Amendment No. 36 to Specific Plan No. 40; Concept Plan No. 7; Tentative Parcel Map No. 18550; Conditional Use Pen-nit No. 907; Tentative Tract No. 18444 and Commission Review and Approval No. 851; (Redlands Commons/Trojan Groves) and the Redlands Commons Development Plan: L INTRODUCTION Concept Plan No. 7 (Redlands Cominons/Trojan Groves) (the "Concept Plan") proposes development of an approximately 71.6 acre residential and commercial development (collectively referred to as the "Project") within the City of Redlands (the "City"), The Concept Plan covers two separate properties known as Redlands Commons (39.92 acres) and Trojan Groves (31.69 acres). These properties are under different ownership and will be developed separately. In addition to the Concept Plan, a Developin,ent Plan was submitted to the City for development of the Redlands Commons property(the"Redlands Commons Development"). The City, is the lead agency, determined that,a Joint Program/Project Environmental Impact Report ("EIR") should be prepared for the Project: development of the entire 71.6 acres under the Concept Plan reoluires Program-level analysis, and construction of the 39.92 acres Redlands Commons Development requires Project-level analysis. The Final Environmental Impact Report (the "Final EIR") fbr the Project, State Clearinghouse No. 2006051097, consists of the January 2008 Draft Environmental Impact Report (the "Draft EIR"). a list of revisions to the Draft FIR, Comments received regarding the Draft EIR, Responses to Comments, a list of persons, organizations and public agencies commenting on the Draft FIR, and the Mitigation Monitoring Program, The Draft FIR assesses the potential environmental effects of the Project, identifies LcclerkAesolutions",Res 6700-6799%6799 EAR Redhmds("ommow�Januaty 6,X009DOC1 means to eliminate or reduce potential significant adverse impacts, and evaluates a reasonable range of Alternatives to the Project. Pursuant to California Code of Regulations, Title 14, Section 15090, the City Council certifies that the Final FIR, containing errata to the Draft FIR, Responses to Comments, and the Mitigation Monitoring Program, has been completed in compliance with the California Environmental Quality Act, Public Resources Code Section 21000, et seq. ("CEQA") and the State CEQA Guidelines, Title 14, California Code of Regulations, Section 15000, et seq. ("CEQA Guidelines"). The City Council further certifies that it has been presented with the Final EIR and that it has reviewed and considered the information contained in the Final EIR prior to making the approvals set forth below. The City Council further certifies that the Final EIR reflects its independent judgment and analysis. The City Council is certifying the Final EIR, and approving and adopting the Findings, Statement of Overriding Considerations, and Mitigation Monitoring Program (collectively, "the Findings") fbr the entirety of the actions described in these Findings and in the Final EIR. There, may be actions undertaken by other state and local agencies (referred to as "Responsible Agencies" under CEQA). Because the City is the Lead Agency for the Project, the Final EIR is intended to be the basis for compliance with CEQA for each of the possible discretionary actions by other state and local agencies to carry out the Project. In this action, the City Council is approving the Project, including a General Plan Amendment (to change the General Plan land use designation on a portion Redlands Commons from Commercial to Residential Medium Density); a Specific Plan Amendment (to allow residential development Lip to 8.97 dwelling units per acre on the residential component of the Project); a Concept Plan (for the entire Project), two separate Tentative Tract Maps ("TTM") (for the residential and commercial/office components of Redlands Commons); a Conditional Use Permit ("CUP") (for the residential component); Commission Review and Approval ("CRA") (for commercial); a Socio-Economic Cost Benefit Study; and Architectural Review. In addition to the City, there are also federal, State, and regional responsible agencies that have discretionary authority over the Project. These agencies include the Santa Ana Regional Water Quality Control Board (the "RWQCB") for the issuance of a National Pollution Discharge Elimination System ("NPDES") permit for construction activities disturbing more than one acre and approval of operational stonriwater treatment., and the South Coast Air Quality Management District ("SCAQMD") which shares responsibility with the California Air Resources Board ("CARB") and the Southern California Association of Governments ("SCAG") for ensuring that all applicable federal and State air quality standards are achieved and maintained. In addition, the SCAQMD issues an Authority to Construct and Operating Pen-nit for operation of of mechanical equipment, Having received, reviewed and considered the Final EIR and other information in the administrative record, the City Council hereby adopts the following Findings in compliance with CEQA and the CEQA Guidelines. 'Me City Council certifies that its Findings are based on an assessment of all viewpoints, including all comments received up to the date of adoption of these Findings, concerning the environmental impact,,; identified and analyzed in the Final EIR. The City Council adopts these in conjunction with its approvals as set forth below. 1: 6700-671016799 EIR Red]LttidsC(,iiniiionsJar.tuam,6,20099 DOC 2 11. GENERAL DESCRIPTION OF THE PROJECT The Project site consists of two discreet development areas: Redlands Commons (39.92 acres) and Trojan Groves (31,69 acres). The Project is located in the northern portion of the City within southwestern San Bernardino County, California. Redlands is located approximately 60 miles cast of Los Angeles and 45 miles west of Palm Springs. The City is bounded on the north by Santa Ana Wash and the City of Highland; on the east by Craflon Hills (an unincorporated area of the County) and the City of Yucaipa; on the south by the Riverside County boundary line and an unincorporated area known as the Badlands, and on the west by the cities of Loma Linda and San Bernardino. The Redlands Commons Development would consist of a mixed-use project that includes single-family residential, open space consisting of a small park and meandering walkways, sin Lc-story office, restaurants, and retail. Specifically, the Redlands Commons Developri-lent would develop 199 single-family detached dwelling units, 20,000 sf of single-story office space, and 85,500 sf of retail and restaurant space. There is no current development proposal associated ,with the Trojan Groves portion of the Project. Trojan Groves potential development would consist of 75 percent commercial and 25 percent office, consistent with the FAR analyzed in the EIR, and with the land uses designated by the East Valley Corridor Specific Plan (the ­EVCSP"), The Findings made below for each individual andcumulative impact apply to both the Trojan Groves, as well as the Redlands Commons Development, unless otherwise indicated. 111. ENVIRONMENTAL REVIEW PROCESS A. Pre paration of the,EIR On May 19, 2006 the City issued a Notice of Preparation ("NOP") announcing the proposed preparation of the Draft EIR and describing its proposed scope, as well as announcing the release of the Initial Study ("IS"). The NOP and IS were circulated to responsible agencies and interested groups and individuals for a 30-day review period ending June 19, -1006. In addition, in order to solicit further Comments on the scope and content of the environmental analysis to be included in the Draft FIR. a public scoping meeting was held on May 24, 2006 The City issued the Draft EIR on January 22, 2008 and circulated it for public review and comment, for a 45-day period that ended on March 10, 2008. The City circulated the Draft EIR by: (1) submitting copies of the Draft EIR to the State Office of Planning and Research (State Clearinghouse): (2) making a copy available at the A, K. Smiley Public Library; and (3) making copies available for review and copying at the City of Redlands Development Department; and (4) by posting a copy on the City's website. B. Absence ofVgnificant iVew lnlrmation CEQA Guidelines Section 15088.5 requires a lead agency to recirculate an EIR for further review and comment when significant new information is added to the EIR afler public notice is given of the availability of the Draft EIR but before certification. New infolmation includes: (i) changes to the Project; (ii) changes in the environmental setting; or (iii) additional data or other information. Section 1,5088.5 further provides: 1:,,celcrk,ResolutionsRes 6700-699'b799 EIR Redlands Commons Januaty 6,2009�DOC 3 `{ n]ew information added to an EIR is not `significant' unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the Project or a feasible way to mitigate or avoid such ant effect (including a feasible Project alternative) that the Project's proponents have declined to implement.' In addition, all fusible Mitigation Measures are included in the Mitis atidn Monitoring Program. Therefore,, having reviewed the information contained in the Draft and Final EIR and inthe administrative record as well as; the requirements under CEQA Guidelines §15088.5; and interpretive judicial authority regarding recirculation of draft EIRs, the City Council hereby finds that no neer significant information was added to the EIR following public review and thus, recirculation,of the EIR: is not required by CEQA.- tV IMPACTS AND MITIGATION MEASURES OF THE PROJECT The following section summarizes the environmental impacts of the Project identified i the (Final EIR, and provides Finding-, as to these impacts, as required by CEQA. and the CEQA Guidelines. The Findings scat forth below are made and adopted by the City Council as its findings under CEQA. The Findings provide the written analysis and conclusions of the City Council, regarding the Project's environmental impacts, Mitigation Measures, Project Requirements, Alternatives, and Statement of Overriding Considerations that, in the City Council's view,justify approval of the Project despite its unavoidable significant environmental impacts: These Findings summarize the environmental. findings in the Final Elft concerning Project impacts before and after mitigation and do not repeat the full discussions of environmental impacts contained in the Environmental Impact Report. Instead, they provide a brief description of the impacts and state the recommended findings on the significance of each impact ager imposition of the adopted Mitigation Measures and Project Requirements. A 'full explanation of these environmental findings and conclusions is set forth in the final EIR. These Findings hereby incorporate by reference the analysis in the Final EIR supporting the Final EIR's findings and conclusions and in making these Findings, the City Council ratifies, adopts and incorporates the evidence,_ analysis, explanation, findings, Responses to Comments and conclusions of the Final EIR except where they are specifically modified by these Findings. In adopting these Findings, the City Council intends to adopt each of the Mitigation Measures and Project Requirements recommended in the Final EIR and fisted in the Mitigation Monitoring and Reporting Program. In the Comments on the Draft EIR, a number of measures were suggested by various commenters as either revisions to Mitigation:Measures or proposed additional Mitigation Measures. With respect to these revisions to Mitigation Measures or measures that were proposed in the Comments, and not adopted by the Final EIR, the Responses to Comments in the. Final EIR explain why revisions or the proposed Mitigation Measures are not recommended by the Final FIR for adoption, The City Council hereby adopts and incorporates by reference the reasons stated in the Responses to Comments contained in the, Final EIR as its ,grounds for rejecting adoption of these revisions or proposed Mitigation Measures. I',, elerk PCSOlu iorrs Res 6700-074(Y6749 749 EIR Redlan&s Comm ons.lranurary 6,2f?4RDOC V. LESS THAN SIGNIFICANT IMPACTS IDENTIFIEDAND ANALYZED IN THE EJR The EIR identifies the following less than significant impacts associated with the Pr6ject. Based on the inforrnation contained in the EIR, the lead agency hereby finds and determines that the following environmental impacts will not result in any significant impacts and that no Mitigation Measures are needed. A. Aeiahetics Impact: Would construction of the Project and associated infrastructure improvements substantially alter the visual character or quality of the Project site and its surroundings? (Impact 4.1-2, p. 41-14) FINDING. The Cit- y finds that construction of the Project and associated infrastructure improvements will have'a less than significant impact with regard to substantial degradation of the existing visual character or quality of the site and its surroundings. The Project site will be prepared, excavated, and graded to accommodate the new building foundations. During grading for development, views of disturbed soils, stockpiles, and construction materials and equipment would be visible from 1-210 as well as the neighboring residences to the north and the residential neighborhoods to the south and east. As structures are completed, new landscaping will be planted and the development will be readied for use, including the application of architectural coatings and paving. Implementation of Proiect Requirement PR 4AA will ensure that this impact remains less than significant. To this end, construction contractors will strictly control the staging of construction equipment and the cleanliness of construction equipment that are stored or driven beyond the limits of the construction work area. Within the Project site, workers and equipment will he parked and staged on vacant areas or on future building pads and retail surface parking areas. Prior to completion of final plans and specifications, the City of Redlands is required to review the plans and specifications to ensure that all construction vehicles and equipment shall be parked in designated staging areas when not in use. Furthermore, all vehicles win be kept clean and free of mud and dust before leaving the Project site. As a result, this impact will remain less than significant. With regard to cumulative impacts, the East Valley Corridor Specific Plan envisions the East Valley Corridor for development of high-quality commercial, industrial and residential uses. All related project development would be subject to design review by the City. Therefore, the proposed project in combination with the related project would not result in a cumulatively significant impact to visual character or quality, and the cumulative impact would remain less than significant. Impact: Would operation ofthe Project substantially degrade the existing visual character or quality of the site and its surroundings? (Impact 4.1-3, p- 4.1-16) 6700-67W6799 FIR Rkxflands Conisnons)anuwc 6-2009 DOC 5 FINDING: The City finds that operation of the Project will have a less than significant impact with regard to substantial degradation of thee existing visual character or quality of the site and its surroundings. Implementation of the Project will change the visual character of the Project site by converting it from vacant open space and citrus groves to a planned development with residential and retaillcommercial uses. Planning, architectural design, and operation of all development will be consistent with the EVCSP. As a result, development will he visually compatible with adjacent uses. Furthermore, implementation of the Project would result in a beneficial impact to the surrounding area by removing the visually unappealing vacant Trojan Groves parcel and replacing it with development compatible with existing and proposed, surrounding uses, including new landscaped areas. To this end, Project Requirements PR 4.111 — PR 4.11 relating to building treatments and architecture, lot set-backs and building height, visual screens and landscaping, utility, installation, and signage, as well as adherence to the design standards in the EVCSP and the Ciq,1s Municipal Code will ensure that this impact remains less than significant. With regard to cumulative impacts, the City would review plans for all future development in order to ensure zoning requirements and architectural standards are met. The implementation of design features contained in the EVCSP, combined with local design review procedures, would ensure that any new development would not degrade the visual character or quality of the surrounding environment and the cumulative impact would be less than significant. B. Agricultural Resources Impact- Would development of the Project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (Impact 4.2-1, p. 42-15) FINDING: The City finds that development of the Project will not involve changes in the existing environment that could result in the conversion of Farmland to non-agricultural uses. Development of the Project would provide new residences and businesses that would potentially attract growth to the area, which, is intended within the East Valley Corridor. These impacts were assessed in the EVCSP EIR. Furthermore, the Project would not further the pressure to convert Farmland to non-agricultural uses, due to the planned conversion of the areas land uses from agricultural to non-agricultural as noted in the EVCSP. Therefore, this impact will remain less than significant. With regard to cumulative impacts, there are current and proposed developments adjacent to and in the general vicinity of the Project site, all of which would convert agricultural land to intensive, non-agricultural uses with or without the Project. Loss of farmland in the East Valley Corridor planning area was anticipated, as is evidenced by the Special Development District land use designation and specific goals and policies in the EVCSP. The Project would not make a cumulatively I celerk Resotutions,Res 6700-6799.07CJ9 FIR RetilandsCoitiiiiotisJ-,itivary,6,2009,DOC 6 considerable contribution to this impact, and a less than significant cumulative impact would occur. C. Air Qua Impact: Would development of the Project conflict with or obstruct implementation of the applicable air quality plan? (Impact 4.:3-1,p. 4.3-23) FINDING: The City finds that the development of the Project will have a less than significant impact with regard to conflicting or obstructing implementation of the applicable, air quality management plan (the"AQMP"). The Project proposes to add a residential land use that was not previously forecasted in the City's General Plan on the Redlands Commons site. The addition of 199 single family housing units would generate approximately 550 new residents. The addition of these single family housing units would not generate significant population growth on a regional scale. To this end, the City's forecasted number for new residential units has not been attained throughout the past fifteen years, and this trend is expected to continue in the future. Although the residential units proposed by the Project are not specifically included in the SCAG regional growth forecasts, they are within the total number of residential units forecasted for the City. Also, upon approval of the General Plan amendment and the amendment to the EVCSP, the additional residents would be included in the General Plan and EVCSP population projections, and would be included in revised regional growth forecasts for SCA(;, which would then be included in a revised AQMP. Therefore, population growth associated with the Project is expected to be consistent with the projections in the 2007 AQMP. The Project will also generate apprommatety 547 new employment positions between 2009 and 2010. SCAGs employment projections for the City of Redlands through the year 2030 show increases in employment averaging 785 jobs per year. When the anticipated job growth is spread out between 2009 and 2010, approximately 274 jobs would be added per year. This figure represents 34.9 percent of the projected job growth for the City and would not exceed SCAG projections. Because the population and employment growth associated with the Project would not conflict with the applicable 2007 AQMP, this impact will remain less-than-s ignific ant. With regard to cumulative impacts, population growth associated with the Project would not conflict with the 2007 AQMP. Although the residential units proposed by the Project are not specifically included in the SCAG regional growth forecasts, they are within the total number of residential units forecasted for the City. Therefore, population growth associated with the Project would not conflict with the 2007 AQMP, and this cumulative impact would be less than significant. I.'cde&,ResolutionsRes 670(')-67C)9,,6799 FIR Redlanckcommonsiantlan,6.21009 CX)C 7 Impact: Would development of the Project expose sensitive receptors to substantial pollutant concentrations due to Project-gencrated toxic air emissions? (Impact 43-2, p. 4.3-25) FINDING: The City finds that construction and operation of the Project will have a less than significant impact with regard to, either individually or cumulatively, exposing sensitive receptors to substantial pollutant concentrations due to Project- generated toxic air emissions. A Health Risk Assessment("HRA")was prepared for the Project in order to estimate the potential health risks associated toxic air contaminants associated with construction-generated air quality impacts of the Project. The HRA determined impacts associated with Diesel Particulate Matter ("DPM"') emissions from construction activities would he less than significant, and that no mitigation is required. With regards to DPM emissions resulting from operation of the Project, the Project was compared to the much larger project in North Rialto, California—the Target Distribution Center. The point of the comparison was such that if the potential cancer risk evaluated for the larger, Rialto facility is determined to be less than significant, it can be stated that the Project (which would require considerably fewer diesel truck trips) would also be less than significant. Results for the Rialto facility showed potential cancer risks below the SCAQMD significance threshold of 10 in I million. An operational HRA for the Rialto facility estimated emissions from each activity, as well as the total daily emissions for the Rialto facility and the estimated potential cancer risk. The estimated cancer risk at the Rialto facility was determined to be is 8.7 in I million, below the SCAQMD si gnificance threshold of tO in I million. As the Project uses will be much less intense than those of the Rialto facility and involve fewer delivery trucks during operation, the carcinogenic health effects associated with the DPM emissions from the delivery trucks at the Project are expected to be less. As a result, this impact will be less than significant and no mitigation is required. With regard to cumulative impacts, the significance of cumulative air quality impacts is typically determined according to the, project-specific impact methodology recommended by the SCAQMD. As the significance of cumulative air quality impacts is typically determined according to the project-specific impact methodology and thresholds recommended by the SCAQMD, there are no significant cumulative adverse health impacts expected from DENT emissions from construction activities associated with the Project. Consequently, this cumulative impact would be less than significant. Impact: Would operation of the Project generate increased localized traffic volumes and expose sensitive receptors to substantial localized CO concentrations? (Impact 4.3-3, p. 4.3-27) FINDING: The City finds that operation of the Project would generate increased localized traffic volumes, but would not expose sensitive receptors to substantial localized CO concentrations. The area surrounding the Project was subject to a V cc hak-Resolutions,Res 6700-6799,6799 EIR RW-laj)&Commons,Januaty 6.2(X)9.1~0C 8 hotspot analysis. The results of this analysis indicate that traffic generated by the Project will not contribute to I-hour or 8-hour CO concentrations that exceed the applicable California or federal standards at the most-congested nearby intersections in the near term year 2010. Furthermore, CO modeling indicated that the Project would not contribute to I-hour or 8-hour CO concentrations that exceed the applicable California or federal standards at the most-congested nearby intersections at the future build-out year of 2030. Sensitive receptors would not be exposed to substantial pollutant concentrations due to the operation of the Project. As a result, this impact remains less than significant and no mitigation is required. With regard to cumulative impacts, long-term future exposure of sensitive receptors to substantial pollutant concentrations are projected to be lower in 2010 and 2030 than 2007 due to improvements in vehicle emission rates predicted by the Air Resources Board. Future CO concentrations would not exceed federal and state air quality standards. Consequently, this cumulative impact would be less than significant, and the Project would not result in a cumulatively considerable contribution to this cumulative impact. Impact: Would development of the Project create objectionable odors affecting a substantial number of people? (Impact 4.3-4, p. 4.3-30) FINDING: The City rinds that implementation of the Project will have a less than significant impact with regard to, either individually or cumulatively, the creation of objectionable odors affecting a substantial number of people. Construction activities do not usually emit offensive odors. Although construction activities can generate airborne odors associated with the operation of construction vehicles (i.e., diesel exhaust) and the application of interior and exterior architectural coating, these emissions would occur only during daytime hours and would generally be restricted to the immediate vicinity of the Project site and would not affect a substantial number of people. Offensive odors from operation are usually associated with land uses, such as agriculture, wastewater treatment plants, and food processing plants. Potential operational airborne odors could result from cooking activities associated with new restaurants or residences. However, , these odors would be similar to existing residential uses in the vicinity and would be confined to the immediate vicinity of the new buildings. Further, Project Requirement PR 4.3A requires trash receptacles within the Project area to be enclosed and have lids that enable convenient collection and loading. This will ensure that there are no objectionable odors. As a result, this impact remains less than significant, and therefore no mitigation is required. With regard to cumulative impacts, the Project is not expected to generate substantial odors, or would any existing or anticipated nearby uses generate substantial odors. Therefore, this cumulative impact would be less than significant. Because a less-than-significant cumulative impact would occur with respect to I-',cclerk Resolution,,"Res 0100-6799'`6799 EER Redlands Commons Jarmary 6.2009JW, 9 objectionable odors, and the Project would not result in objectionable odors that would affect a substantial number of people, the cumulative impact of the Project would also be less than significant. D.> Blalogk dflesources Impact. Would construction of the Project result in the loss of foraging habitat used by sensitive bat species that would represent a substantial direct adverse effect on species identified as candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? (Impact-4.4- , p. 4.4-26) FINDING: The City finds that construction of the Project will have a less than significant impact with regard to the loss of foraging habitat used by sensitive bat species that would represent a substantial direct adverse effect on species identified as candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service. Special-status bat species that have the potential to occur within the Project site include the pallid bat, western mastiff bat, and the western yellow bat. These bats, however, are not likely to forage on the property due to the fact that there is a low insect population and an unreliable water supply. There are also other, higher-quality bat foraging habitats located nearby. As a result, this impact is considered to be less than significant. With regard to cumulative impacts, the loss of marginal bat foraging habitat would not be substantial due to the Project site's low bat prey density. In combination with compliance with state and federal Endangered Species Acts and the Fish and Game Code of California, the cumulative impact would be less than significant, and the Project would not result in a cumulatively considerable contribution to this impact. Impact, Would development of the PrQject conflict with any local policies or ordinances protecting biological resources? (Impact 4.4-4, p- 4.4-27) FINDING: The City finds that construction of the Project will have a less than significant impact with regard to, either individually or cumulatively, conflicting with local policies or ordinances protecting biological resources. General Plan Policy (Policy 7.21t) requires that agricultural fields be evaluated in terms of their habitat quality before conversion to another land use. A sensitive raptor was observed on and around the Trojan Groves property. However, none were observed on the Redlands Commons property during site reconnaissance. For the reasons set forth in the December 2008 Errata (incorporated herein by reference), the City, finds that the Concept Plan does not create any conflicts with General Plan Policy 7.21. 6700-6799'-,h749 E1R Redlands CommonsJanum 6,2001)DOC' 10 With regards to the EVCSP, Section EV2.0205 requires building in the Project area to be phased. To this end, Redlands Commons would be developed first, and then Trojan Groves. Also, pursuant to landscaping requirements contained in EVCSP Sections EV4.0245, EV4.0250, EV4.0255, EV4.0260, EV4.0265, and EV4.0270 the Project developer will install trees that provide habitat for nesting birds that could be displaced by the Project and landscaping would be provided in the Project. Therefore, the Project would be consistent with all applicable sections of the EVCSP. City Ordinance 2554 does not apply to protect any trees on-site in that there are no trees on-site that are covered by City Ordinance 2554. Therefore, the Ordinance does not apply. As a result, this impact remains less than significant. With regard to cumulative impacts, it is assumed that as part of the development review and entitlement process for future development, the City would ensure compliance with any and all applicable local policies and/or ordinances since they were developed for the primary purpose of providing a framework for future development. This will ensure that the overall cumulative impact would not be significant. Impact: Would development of the Project interfere substantially with the movement of any native resident or migratory -fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Impact 4.4-5, p. 4A-29) FINDING: The City finds that development of the Project will have a less than significant impact with regard to interfering substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. No major drainages, canyon bottoms, ridgetops, or areas that provide substantial stable and abundant food, shelter, or water resources occur within the Project site, and no areas that would be considered nursery sites, which generally include some types of wetlands, avian rookeries, and estuaries, are found within the Project site. As a result, the site holds low value, if any, as a wildlife movement corridor. As a result,this impact remains less than significant. With regard to cumulative impacts, there are no migratory wildlife, corridors running north/south within the EVCSP planning area as it is already well-developed with urban uses, with agricultural uses being transitioned out. Therefore, no significant overall cumulative impact would occur, and the Project would not result in a cumulatively considerable contribution. The cumulative impact of the Project is less, than significant. 1:cderk"Reso I ution,;'Res,6700-67W6799EIR Rcillands Commons January 6,2009DOC . Cultural R so urAc s Impact: Would construction of the Project create a substantial adverse change in the significance of an archeological resource its defined in Section 15064.5 of the CEQA Guidelines"? (Impact 4.5-1 p. 4.5-11 FINDING: The Ci", finds that the Project will have a less than significant impact with regard to the change in significance of an archeological resource. No, prehistoric archaeological materials or"unique archaeological resources' as defined by Public Resources Code Section 2,1083.2(g) has been recovered or recorded at the Project site. The likelihood of encountering any archaeological resources during construction is considered very low. Implementation of General Plan mandated Project Requirement PR 4.5A will ensure that areas found during construction to contain archeological artifacts shall be examined by a qualified consultant for appropriate protection and preservation. Project Requirement PR 4.5A ensures this impact will remain less than significant. With regard to cumulative impacts, development in the City would require grading and excavation that could potentiallyaffect archaeological resources. If subsurface cultural resources are protected upon discovery as required by law, impacts to those resources would be less than significant. Project Requirements PR 4, A and PR 4.513 would be imposed and enforced throughout`construction, and the contribution of potential impacts from the Project to the cumulative destruction of subsurface cultural resources throughout the City of Redlands would, therefore, be less than significant. Impact. Would construction of the Project disturb any Duman remains, including those interred outside of formal cemeteries:' (Impact 4.5-3. p. 4.5=14) FINDING: The City rinds that;the Project will have a less than significant impact with regard to the disturbance of human remains. No formal cemeteries are known to have occupied the Project site. Implementation of Project Requirement PR 4.513, which requires all construction to halt immediately in the event of the discovery of human remains, will ensure this impact remains less than significant. This impact is less than significant,,and therefore no>mitigation is required.. With regard to cumulative impacts, development in the City would require grading; and excavation that could,potentially affect human remains. if subsurface cultural resources are protected upon discovery as required by law, impacts to those resources would he less than significant. Project Requirements PR 433 and PR_ 433 would be imposed and enforced throughout construction, and the contribution of potential impacts from the Project to the cumulative destruction of subsurface cultural resources throughout the City of Redlands would, therefore, be less than significant. P` c1 k'F2 ,uti4:a, 5 6700-6799'6790 EIR Rectiarids Ct lin rtc+ns Jiti)iaiy 6,2irfO.C}(W 12 F. Geolozy and Soilv Impact, Would construction of the Prqject place structures on expansive soils, as defined in Table 18-1-A of the California Building Code (2001) and create substantial risks to I i fe or property? (Impact 4.6-1, p. 4.6-14) FINDING: The Cit- y finds that implementation of the Project will have a less than significant impact with regard to placing structures on expansive soils, as defined in Table 18-1-A of the California Building Code (2001) and creating substantial risks to life or property. The soils underlying the Project consist of local silt and gravel and have an Expansion Index of 0. The Project will comply with all applicable provisions of the California Building Code. This impact is less than significant and no mitigation is required. With regard to cumulative impacts, buildings and facilities in the City of Redlands would be sited and designed in accordance with appropriate geotechnical and seismic guidelines and recommendations, consistent with the requirements of the City's Building Code and Project Requirements PR 4.6A, PR 4.611, and PR 4.6C. Adherence to all relevant plans, codes, and regulations with respect to project design and construction would provide adequate levels of safety, and the cumulative impact would be less than significant. Impact- Would implementation of the Project exposure of people and/or structures to risk of loss, injury, or death involving strong seisinic ground shaking or seismic-related ground failure? (Impact 4.6-2, p. 4.6-14) FINDING: The City rinds that implementation of the Project will have a less than significant impact with regard to exposing people and/or structures to risk of loss, injury, or death involving strong seismic ground shaking or seismic-related ground failure. The Project is located in a seismically active area. To reduce the risks associated with seismically induced ground shaking, the design of foundations and structures must consider the location and type of sulis urface materials underlying the site. Implementation of Project Requirement PR 4.6A requires the developer to demonstrate to the City that the design of the Project will comply with all provisions of the California Building Code with respect to seismic design for Zone 4, would ensure this impact remains less than significant. No mitigation is required. With regard to cumulative impacts, buildings and facilities in the City of Redlands would be sited and designed in accordance with appropriate geotechnical and seismic guidelines and recommendations, consistent with the requirements of the City's Building Code and Project Requirements PR 4.6A, PR 4.6B, and PR 4.6C. Adherence to all relevant plans, codes, and regulations with respect to project design and construction would provide adequate levels of safety, and the cumulative impact would be less than significant. LI 67004)799�6794)EIR 6,2009.DOC Impact: Would implementation of the Project exposure people and/or structures to potentially substantial adverse effects, including the risk of loss, injury, or death as a result of landslides an&or slope instability? (Impact 4.6-3, p, 4.6-16) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to exposing people and/or structures to potentially substantial adverse effects, including the risk of loss, injury, or death as a result of landslides and/or slope instability. The Project is in an area that is predominantly flat, with a lack of natural slopes. Therefore, the possibility of landslides is considered remote. Furthermore, the area is not in a designated seismic hazard zone for seismic slope instability as defined by either the State or County. Project Requirement PR 4.611 requires that where excavations are made for underground utilities, the construction contractor shall either shore excavation walls,with shoring designed to withstand additional loads, or flatten or "lay back" the excavation walls to a shallower gradient. With implementation of Project Requirement PR 4.613, this impact is less than significant, and no mitigation is required. With regard to cumulative impacts, development in the City of Redlands would be required to he sited and designed in accordance with appropriate geotechnical and seismic guidelines and recommendations consistent with the standards of the City's Building Code, the cumulative impact would be less than significant. Adherence by the Concept Plan to all relevant plans, codes, and regulations with respect to project design and construction would provide adequate levels of safety. Therefore, the cumulative impact of the Project would be less than significant. Impact: Would implementation of the Project result in substantial soil erosion or the loss of topsoil? (Impact 4.6-4, p, 4.6-17) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to, either individually or cumulatively, erosion or the loss of topsoil. Although the topsoil at the Project site would be susceptible to erosion during construction activities such as excavation, the developer would be required to implement a Storm Water Pollution Prevention Program ("SWPPP11), including a Best Management Practices 1'BMPII) program to address construction discharges. The BMPs would include sediment controls which would ensure that sediment is confined to the construction area and not transported off-site. After construction, soil erosion would be controlled by implementation of an approved landscape and irrigation plan. Furthermore, implementation of Project Requirements PR 4.8A and PR 4.813, which require adherence to various provisions of the City's Municipal Code and the NPDES requirements, would ensure that this impact remains less than significant, and therefore no mitigation is required. With regard to cumulative impacts, the construction phase of the Project could expose soil to erosion bywind or water. Development of other cumulative projects in the vicinity of the Project site could, also expose soil surfaces, and further alter soil conditions. To minimize the potential for cumulative impacts that could cause erosion, the Project and cumulative projects in the adjacent area are required to be 6700-6-199,6799 F I R Redlands Conimonshinuary 0.NXMI)OC' 14 developed in conformance with the provisions of applicable federal, state, County, and City laws and ordinances, as required by Project Requirements PR, 4.8A and PR 4.813. As a result, it is anticipated that cumulative impacts on the Santa Ann Watershed caused by runoff and erosion from cumulative development activity would not be significant. Since the Project would be in compliance with applicable Project Requirements, the Project would not make a cumulatively considerable contribution, and the cumulative impact of the Project would be less than. significant. Impact: Would in-iplementation of the Project subject people and structures, to hazards associated with lateral spreading, subsidence, collapse, differential settlement, or heaving? (Impact 4.6-5, p. 4,6-19) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to subjecting people and structures to hazards associated with lateral spreading, subsidence, collapse, differential settlement, or heaving. People and structures within the Project will not be subject to hazards associated with lateral spreading, subsidence, collapse, differential settlement, or heaving. Implementation of Project Requirement PR 4.6C, which requires the developer to submit (and have the City approve), a site-specific evaluation of unstable soil conditions, would ensure this impact remains less than significant, and therefore no mitigation is required. With regard to cumulative impacts, all development in Seismic Zone 4 is required to undergo analysis of geological and soil conditions applicable to the Project site (refer to PR 4.6A, PR 4.6B, and PR 4.6Q, and because restrictions on development would be applied in the event that geological or soil conditions posed a risk to safety, it is anticipated that cumulative impacts from development on soils subject to instability, subsidence, collapse, and/or expansive soil would be less than significant. Since the Project would be in compliance with applicable Project Requirements, the Project would not make a cumulatively considerable contribution, and the Project's cumulative impact would be less than significant. G. Ha;ark's acrd Ma,-,ardousMater rale Impact: Would development of the Project involve the routine use, transport, and disposal of hazardous materials, such that a significant hazard to the public Would occur'' (Impact 4.7-1, p. 4.7-14) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to the routine use, transport, and disposal of hazardous material. Thus, no significant hazard to the public or environment would occur. The development will not include automobile service stations, or automobile repair centers, but may include such businesses as dry cleaners, which are permitted or conditionally permitted uses on the Project site under the EVCSP. Compliance with Project Requirement PR4.7A will require compliance with all 6'100-699,,0799 RIR ReAmds Commons.January 6.2fO)DOC 15 applicable federal and state laws related to the routine transport, use, or disposal of hazardous materials. Project Requirement PR 4.711 will require all business establishments to comply with the San Bernardino County Certified Unified Program Agency (CUPA) hazardous materials regulation requirements, as well as the California Hazardous Materials Release Response Plan and Inventory Law (Business Plan Act) to minimize the potential for accidents involving hazardous materials. This impact will remain less than significant. With regard to cumulative impacts, related development in the City and surrounding area could subject construction workers to health or safety risks through exposure to hazardous materials, although the individual workers potentially affected would vary from project to project. Projects would be required to comply with applicable federal, State, and local regulations. Adherence to applicable regulations and guidelines pertaining to hazardous materials would ensure that cumulative impacts would be less than significant. Because the Project would also be required to comply with applicable statutes and regulations which would ensure that the project would not result in significant public hazards as a result of the accidental release of hazardous materials, the Project would not make a cumulatively considerable contribution to this impact, and the cumulative impact of the Project would be less than significant. Impact: Would construction of the Project result in the handling of acutely hazardous materials, substances, or waste within one-quarter mile of anexisting or proposed school? (Impact 4.7-4, p. 4,7-23) FINDING: The City finds that construction of the Project will have a less than significant impact with regard to the handling of acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. The point of maximum impact (IPPA') is located at the eastern Project property line next to Texas Street, halfway between Pioneer Avenue and San Bernardino Avenue. Because the DPM Hazard Index ("HI") is less than one at the PMI, the HI is also, by definition, less than one at all other locations, including the proposed high school located on the north side of Pioneer; hence, no further analysis is required. No significant adverse health impacts are expected from DPM emissions from construction activities associated with the Project. Therefore, the impact of the Project from hazardous air emissions within 1/4n.ffle of the new high school would be less than significant. With regard to cumulative impacts, existing, construction of proposed and reasonable foreseeable development would potentially create risks from hazards or hazardous materials and would be subject to the requirements applicable local, state and federal regulations. For instance, impacts to schools are reviewed in accordance with California Department of Education regulations. Project Requirements PR 4.6A and PR 4.611 would ensure that any cumulative impacts pertaining to the handling of acutely hazardous materials, substances, or wastes Lee 1etk')Rcso]ubon,,­Res 0700-6749`11)799 EIR Rc(thinds Commons January 6,2009D(W 16 within 1/4 mile of an existing or proposed school would not be cumulatively considerable and the cumulative impact would be less than significant. .Impact- Would operation of the Project result in the handling Of acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (Impact 4.7-5, p. 4,7-25) FINDING: The Citv finds that operation of the Project will have a less than significant impact with regard to the handling of acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. The Project was compared to the much larger project in North Rialto, California. If the potential cancer risk evaluated for the larger facility is determined to be less than significant, it can be stated that the smaller Concept Plan, which would require fewer diesel truck trips, would also be less than significant. The estimated cancer risk at the Rialto facility was determined to be 8.7 in I million, below the SCAQ1NID significance threshold of 10 in I million. As a result, this impact is considered less than significant. With regard to cumulative impacts, existing, proposed and reasonable foreseeable development that would potentially create risks from hazards or hazardous materials would be subject to the applicable local, state and federal requirements and regulations. For instance, impacts to schools are reviewed in accordance with California Department of Education regulations. Project Requirements PR 4.6A and PR 4.6B would ensure that any cumulative impacts pertaining to the handling of acutely hazardous materials, substances, or wastes within Y4mile of an existing or proposed school would not be cumulatively considerable and the cumulative impact would be less than significant. Impact: Would implementation of the Pro�ject result in a safety hazard for people residing or working within an airport land use plan, or within two miles of a public airport or public use airport? (Impact 4.7-6, p, 4.7-26) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to a safety hazard for people residing or working within an airport land use plan, or where such a plan has been adopted, within two miles of a public airport or public use airport. There are two airports located near the Project—San Bernardino International Airport and the Redlands Municipal Airport. The Redlands Municipal Airport Land Use Compatibility Plan (I-ALUCP"') addresses this airport's compatibility- regarding exposure to noise and safety, and the Redlands Municipal Airport would not result in a safety= hazard. The Project is located outside the San Bernardino International Airport ("S'RIA") risk factor zone. The location of the Project will not result in a safety hazard relative to the SBIA. This impact is considered less than significant., and therefore no mitigation is required.- With equired.With regard to cumulative impacts, all development would be subject to the risks associated with the exposure to>safety hazards from aircraft overhead, these risks 6700-6199,6799 EIR.Redlands Commons hnuar� 6,2009AX)C 17 vary according to location and other various factors, and are, therefore, unique. It is also likely that such risk, if sufficiently high, would be a factor in any decision to approve or deny future development proposals pursuant to the various federal, State and local regulations governing airports. However, the Project site is not located within a high, risk zone pursuant to land use regulations of the Redlands Municipal Airport and the SBIA areas of influence, which would< limit land use intensity based on risk factors related to the proximity to the runway (i.e., the navigable airspace). The cumulative impact with respect to exposure safety risks from airport operations would be less than significant. H. 11 A,drolM and li'later Quality Impact: Would implementation of the Project increase star water pollutant loads or concentrations, or result in a violation of water quality standards or waste discharge requirements'? (Inipact4.8-1, p. 4,8-30) FINDING: The City rinds that implementation of the Project will have a less than significant impact with regard to increasing stormwater pollutant loads or concentrations, or result in a violation water quality standards or waste discharge requirements. The Project's wastewater will be treated by the City's Wastewater Treatment Plant. Groundwater is located more than 50 feet below the surface. All construction activities would be subject to existing regulatory requirements of the City's Municipal Code. Implementation of Project Requirements PR 4.88 and PR 4.811, which require adherence to various provisions of the City's Municipal Code related to water quality, as well as the use of BMPs related to water conservation, vehicle and equipment operations, equipment staging, and waste and materials management, will ensure this impact remains less than significant. With regard to cumulative impacts, all projects within the Middle Santa Ana River Watershed Management Area would be subject to the requirements of an NPDES Permit- the Statewide General Construction Permit and the Municipal Stormwater Permit. Also, the General Construction Permit requires that a SWPPP be prepared for any construction project that would disturb more than one acre of land surface and for significant redevelopment projects. Municipal Stormwater Permit conditions are required to be codified in the local agency/municipality codes and ordinances. Potential construction dewatering would be subject or either a General Permit of discharge of low-threat waters or/and individual Waste Discharge Requirement. Compliance with the requirements of the NPDES permits would necessitate the use of erosion control measures and stormwater pollution prevention BMPS during both construction and operational phases of development projects. Therefore, cumulative impacts associated with the violation of water quality standards and/or waste discharge requirements would be less than significant. Impact- Would implementation of the Project alter the existing drainage patterns of the,site or result in a substantial erosion or siltation? Impact 4.8-4, 4.8-55) 1:cclerkkesolutiowsRes(5700-61199'6799 EIR Redlands Commons January 6,2009DOC 18 FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to altering the existing drainage patterns of the site or resulting in substantial erosion or siltation on or off-site. During construction, drainage patters could be substantially altered and surface soils would be exposed and susceptible to substantial erosion. Eroded sediments could cause or contribute to siltation in the down-gradient storm drain system and Santa Ana River system. Implementation of existing Project Requirements would require preparation of a SWPPP including construction erosion and sediment control BMPs. Implementation of Project 'Requirements PR 4.8F and PR 4.8G, however, will reduce the potential for erosion and siltation from construction and ensure that this impact remains less than significant. With regard to cumulative impacts, during construction of cumulative development, conversion of vacant land or agricultural land or redevelopment of underutilized land would result in grading that would alter surface drainage characteristics that may increase erosion and sediment transport. All construction would be regulated by the NPDES General Construction Permit which requires preparation of a SWPPP with construction BMPs to reduce erosion and sediment transport for projects that cumulatively disturb more than one acre. All construction projects that disturb more than one acre of land surface would be required to comply with the NPDE S General Construction Permit. Implementation, monitoring, and enforcement of the General Construction Permit conditions, as required by the area-wide Municipal Stormwater Permit, would ensure that potential cumulative construction impacts on erosion or siltation are less than significant. Also, permittees (agencies) of the Municipal Stormwater Permit are required to inspect and enforce permit requirements. Therefore, potential impacts associated with development that might cause or contribute to erosion and siltation within the watershed would not be substantial and the cumulative impact wouldbe less than significant. I. Land Use Impact: Would the economic impacts of the Project result in, urban decay or urban blight? (finpact 4.9-2, p. 4.9-421 FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to, either individually or cumulatively, economic impacts resulting in urban decay or urban blight. Economic and social changes are not in themselves significant impacts on the environment, but can lead to them as a result of land use decisions. Tice City conducted a market analysis to assess the existing retail commercial market in relation to the proposed retail development of the Project. The trade area examined in the analysis extends in a five miles radius from the Project site. Given the relatively small sire and orientation of the proposed retail development within the Project, the significant patronage is not anticipated from beyond a 5-mile radius. It is expected that the Project will complement, rather than directly compete with, surrounding existing and proposed retail establishments. It is also expected that transfer effects would be modest, depending 6700-6-W6799 EIR Redlands Comn'ionshnuar y 6,2009,DOC 19 on the distance from the Project. It is also expected that there will be a one-time sales erosion of 4 to 6 percent that will result in few to no business failure of existing area retailers. Finally, increased tax revenues will further the ability of the City to spend funds on physical or other public improvements. This impact is considered less than significant, and therefore no mitigation is required. With regard to cumulative impacts, because the entire region is experiencing a need for additional housing and supporting commercial uses, new developments that are consistent with the City's General Plan vision, which considered the growth potential of the area and planned for a specific amount of growth in the future, would not he expected to result in an adverse impact with regard to urban blight in the City. Thus, as there is no significant cumulative impact leading to blight or urban decay, and the project's impact would be less than significant, the cumulative impact of implementation of the Concept Plan is also less than significant. J. Volse Impact: Would operation of the project expose noise sensitive land uses on or off- site to noise levels that exceed the standards established by the City of Redlands? (Impact 4.10-2, p. 4.10-25) FINDING: The City finds that operation of the Project will have a less than significant impact with regard to exposing noise sensitive land uses on or off-site to noise levels that exceed the standards established by the City of Redlands. Operation of the Project would result in increased noise levels due to the introduction of residential and commercial uses into an area previously utilized for agricultural uses. In addition to the increases in human activity, sources of noise generated by implementation of the Project would include new stationary sources, such as rooftop heating, ventilation, and air conditioning (HVAC) systems for the residential, office and commercial uses, as well as activities such as loading and unloading of deliveries, parking lot noises and maintenance and landscaping of the Project site. Implementation of Project Requirement PR 4.10B and PR 4.10C will ensure this impact remains less than significant. With regard to cumulative impacts, major stationary sources of noise will be introduced into the Redlands area such as HV.AC equipment located on the rooftops of new developments and residential uses. Shielding, which is required, could reduce these noise levels by up to 15 dBA. Because shielding would be required for all development associated with the Project, noise levels from individual stationary sources would not exceed the applicable City noise standard, and because this shielding would he expected to be installed on all new development in the Redlands area, it is expected that all rooftop stationary sources in the Project area would similarly generate less than significant noise levels. Furthermore, the development associatedwith the Project and other nearby projects are not so dense that multiple stationary HVAC units would be closely spaced, either on-site or off-site. Consequently, the cumulative effect of multiple UVAC units, mechanical equipment, and parking structures would be less than significant. 6700-671) 6799 EIR Redlands Commons January 6.2009DOC 20 Impact: Would operation of the project generate traffic;that would contribute to the exposure> of the proposed residential uses to noise levels in excess of established standards of the City of Redlands General plan`' (Impact 4.10-3, p. 4,10-27) FINDING: The City finds that operation of the Project will have a less than significant impact with regard to generating traffic that would contribute to the exposure of the proposed; residential uses to noise levels in excess of established standards of the City of Redlands (general Plan. The Project would result in increased traffic levels in the project vicinity*. To this end, the traffic noise modeling results indicates that the future roadway noise levels in the vicinity of the proposed residential uses would also exceed the 60 dBA CNEL exterior noise limit for residential uses, specifically along Pioneer Street between Texas Street and Tennessee Street, where predicted noise levels would be 62.5 dBA CNEL; and along Texas Street between Pioneer Street and San Bernardino Avenue, where predicted noise levels would be 63.6 dBA CNEL. The City of Redlands General Plan Policy 9.tlf requires that proposed residential uses that would be located in areas where transportation noise levels would exceed the 64 dBA CNEL exterior noise limit incorporate design features and Mitigation Measures that would, reduce exterior noise levels to below 60 dBA CEI . In accordance with the policies in the Cita of Redlands General Plan and Project requirement PR 4.1131) and PR 4:10E, the residential uses would be designed to be set back from the roadways; a masonry wall would be constructed around the perimeter of the residential component; and the wall would be designed to minimize sound reflection through the use of texture and.landscaping. Therefore, this impact would be considered less than significant. With regard to cumulativeimpacts generated by traffic, because the contribution of the Project to the future: noise levels would be no greater than 0.9 dBA, the cumulative contribution of the Project to the future roadway noise level at the affected intersection would not exceed the incremental threshold established by the City of Redlands General Plan :Policy 9.11v. As a result, the contribution would not be cumulatively considerable. 'Therefore, the Project would result in a less than significant cumulative impact. Impact Would operation of the Project generate or expose sensitive receptors on- site or off-site to excessive lrOlandborne vibration or groundborne noise levels? (impact FINDING: The City finds that operation of the Project would have a less than significant impact with regard to generating or exposing sensitive receptors on-site or off-site to excessive groundborne vibration or groundborne noise levels. During, operation of the Project, background operational vibration levels would be expected to average around 50 VdB. This is substantially less than the FTA's vibration impact threshold of 85 VdB for human annoyance, and less than the 13.111 PP` threshold established by Section 8.06.020 of the City Municipal Code. Groundborne vibration resulting; from operation of the Project would primarily be generated by trucks making periodic deliveries to the project site. No substantial sources of groundborne vibration would be built as part of the Project; therefore, operation of [.=U �c.i&`[tctirtlu i art` tia 6700-6? ?f 791)EI R Redlands t"osaamon January 6,2(X)9,DOC, 21 the Project would not expose sensitive receptors on-site or off-site to excessive groundborne vibration or groundborne noise levels, and this impact would be less than significant. With regard to cumulative impacts, no significant vibration impacts would occur during operation of the Project. The same is expected to hold true for other projects near the Concept Plan area. Consequently, there wouldbe no cumulative operational groundborne vibration impacts to any on-site or off site receptor. The cumulative impact is, therefore, less than significant. Impact: Would operation of the Project expose people residing or working in the area to pennanent increases in ambient noise levels due to the proposed new high school to be located adjacent to the Concept Plan area? (Impact 4.10-7, p,4.10-34) FINDING: The City finds that operation of the Project will have a less than significant impact with regard to exposing people residing or working in the area to permanent increases in ambient noise levels due to the proposed new high school to be located adjacent to the Concept Plan area. The potentialexists that school related noises, such as signal bells/buzzers, play field activities and after school events such as nighttime football games would impact the workers, patrons and residences of the Project. Such noise would potentially be audible at the Project residences, but would be of short duration and would occur during the typically less noise-sensitive daytime hours during which school is in session or outside of recognized sleep hours. Redlands Commons would be developed such that the residential units would be set back from Pioneer Avenue by approximately 33 feet, which would serve to reduce noise levels from school activities. Additionally, the residential uses will have a six foot high wall placed along the perimeter of the Project site, which would serve to reduce school activity noise levels even further. Finally, the City Municipal Code, Section 8.06.120(D) (Exemptions) exempts all activities and operations conducted on the grounds of any public or private elementary, intermediate, or secondary school from the exterior noise standards, and impacts would be less than significant. With regard to cumulative impacts related to the high school, according to the environmental documentation prepared by the City of Redlands for the new high school, construction of the proposed kedlands high school would produce temporary vibration impacts that would be less than significant because Mitigation Measure NIM 4.1.0-2 would ensure that construction activities do not exceed the City Municipal Code threshold of 0.01 PPV. However, as noted above in the analysis for Impact 4.10-5, the high school is not expected to expose people residing or working in the area to permanent increases in ambient noise levels due to the proposed new high school to be located adjacent to the Concept Plan area. Therefore, the cumulative impact is considered to be less than significant. Impact- Would operation of the Project generate increased local traffic volumes or not cause a substantial permanent increase in ambient noise levels in the Project vicinity 6700-6799'h799 EIR Redlands Commons January(x,'2(X)9J)OC, 22 that exceeds the threshold of significance as established under City of Redlands General Plan Noise Element Policy 9.0v? (Impact 4.10-8, p. 4,10-35) FINDING: The City finds that operation of the Project would have a less than significant impact with regard to generating increased local traffic volumes or causing a substantial permanent increase in ambient noise levels in the Project vicinity that exceeds the threshold of significance as established under Cio., of Redlands General Platt Noise Element Policy 9.0v. The principal noise source in the Project area is traffic on local roadways. The increase in traffic resulting from implementation of the Project would increase the ambient noise levels at sensitive off site locations in the Project vicinity. While the cumulative increase in noise levels would be up 5.8 dBA, which would exceed the 4 dBA increase threshold established under the City of Redlands General Plan Policy 9.0v, the Project's contribution to the future noise levels would be no greater than 0.9 dBA along Texas Street, south of San Bernardino Avenue. Therefore, increased traffic levels associated with the Concept Plan would not result in an increase of noise levels that would exceed the 4 dBA increase threshold established by the City of Redlands.This impact would be considered less than significant. With regard to cumulative impacts, because the contribution of the Project to the future noise levels would be no greater than 0.9 dBA, the cumulative contribution of the Project to the future roadway noise level at the affected intersection would not exceed the incremental threshold established by the City of Redlands General Plan Policy 9.0v. As a result, the contribution would not be cumulatively considerable. Therefore, the Project would result in a less than significant cumulative impact. Impact-. Would operation of the Project expose people residing or 1working in the area to excessive noise levels for a project located within an airport land use plan or within two miles of a public aitliort? (Impact 4.10-9, p. 4.10-37) FINDING: The City finds that operation of the Project will have a less than significant impact with regard to exposing people residing or working in the area to rw excessive noise levels for a project located within an airport land use plan or within two miles of a public airport. The Project site is approximately two mites to the southeast of the San Bernardino International Airport (SBIA) and two miles west of the Redlands Municipal Airport. According to the San Bernardino International Airport 2005 CNEL Noise Contour and Airport Influence Area Map, the Project site is not located within the 60 CNEL contour; however, the Project site is within the Airport Area of Influence. As such, the Project would have to demonstrate consistency with the Airport Land Use Plan. Currently, the S" IA Authority is in the process of preparing the Airport Master Plan and the ALUCP. According to the existing compatibility map provided by the airport staff, the northwestern portion of the Project area is located within the Airport Influence Area. However, the Project site is not located within the 60 dBA C' EL contour lines of the airport and therefore, noise resulting from the take-off and landing of aircraft would not intrude upon the workers, patrons, or residents of the Project area. As such, the Project would not expose people residing or working on the Project site to excessive 670()-�)71)qA799 LIP,Redlands Commons January'6,2009,130C 33 noise levels from the airport operation. Therefore, a less-than-significant impact would occur. With regard to cumulative impacts, as developable land becomes scarcer in the City in response to population growth and development pressures, it is possible that future development may be sited within an airport land use plan area or within two miles of a public airport that could expose people to excessive noise. As these sites are limited, however, given that there is only one airport within City limits and the only other airport that could affect land use decisions in the City of Redlands is the SBIA, there would be no significant cumulative impact with regard to airport noise. The Project is not within the 60 dBA CNEL contour for the airport. Therefore, the cumulative impact would also be less than significant. K. Population_and.Hou.vin Impact: Would the Project induce substantial population growth beyond that planned for the City? (Impart 4.11-1, p. 4.11-11) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to, either individually or cumulatively, inducing substantial population growth beyond that planned for the City. With regard to direct population, growth, the Project will result in the construction of 199 single- family residential units on the Redlands Commons property (there are no residential units planned for the Trojan Groves property). Based on population estimates, these units would result in population growth of approximately 550 people. The General Plan identifies the goal of limiting population growth in the City to approximately 32,000 residential dwelling units and 90,000 people. The Project's 1.99 residential units constitutes approximately 0.6 percent of the City's build out housing and population forecasts. As a result, the Project will not result in a substantial direct population growth. With regard to indirect growth, construction of roads and other infrastructure will also be carried out as part of the Project. However, the City finds that development of infrastructure as part of the Project would primarily serve the Project and would not result in any unexpected or unplanned growth. Furthermore, the Project will create approximately 550 new employment positions. Employment projections for the City through the year 2030 show increases in employment averaging 785 jobs per year. Both population and employment growth numbers are within the City's limits/projections. As a result, this impact is considered less than significant. With regard to cumulative impacts related to substantial population growth in the area, cumulative projects within the City include twelve residential housing projects totaling 697 dwelling units. When added to the 199 residential units proposed on the Redlands Commons parcel, 901 residential units are planned in the City of Redlands. This would result in direct population growth of approximately 2,477 people, This growth is consistent with the General Plan. This is considered a less- than-significant impact. Furthermore, the Project would result in an increase of 901 67(0-6799,6799 FIR Reallands Commons January 6,'?009 WC 24 additional housing units in the City of Redlands by, the year 2010, for a total of population of 26,064 housing units. The increase in housing units would be consistent with SCAG housing projections. This is considered a less-than-significant cumulative impact. Impact: Would development of the Project exceed, the total of new single-family residential units allowed under the. City Municipal Code? (Impact 4.11.2, 4.11-15) FINDING: The City rinds that implementation of the Project will have a less than significant impact with regard to, either individually or cumulatively, exceeding the total number of new single-family residential units annually allowed in the 04, under Title 19 of the City Municipal Code. Per the Municipal Code, the City may not approve more than 400 residential units per calendar year. Redlands Commons' 199 units represent 50 percent of the allowed >annual increase. The Project would request less than the maximum in Calendar year 2008. This impact is considered less than significant. With regard to cumulative impacts, 901 residential units are anticipated as a result of the development on the Redlands Commons parcel. This would exceed the total number of residential units allowed in one calendar year under Title 19 of the City Municipal Code. However, it is anticipated that not all of these projects would proceed concurrently, and some permits may have been issued this calendar year and some will he requested in later years. Implementation of Project Requirement PR 4.11A would reduce this cumulative impact to less than significant by ensuring that the number of residential units developed in one calendar year does not exceed the limits established by the City Municipal Code. L. 'Public Services Impact: Would development of the Project increase the demand for fire protection services mid require the construction of new or physically altered facilities to accommodate the increased demand for service and maintain acceptable response times? (Impact 4.12-1, p, 4,12-4) FINDING: The City finds that development of the Project will have a less than significant impact with regard to physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for fire protection. To reduce any potential impact on existing the Redlands Fire Department ("RFD") facilities, equipment and personnel, the City and the RFD will review the Project's site plan and verify that the development meets the State's Fire Code as well as the City's Building Code. Through implementation of Project Requirements PR 4.12A through PR 4.121), which include- compliance with the City's as well as the Health and Safety Code's regulations relating to fire protection systems; payment of 1:cderk-Resolutions Res 6700-67WI,794 FIR R(Oands Commons January 6,2CX)9XX.)C 25 development impact fees; compliance with the City's building design provisions relating to automatic sprinkler systems that are required to he installed in all new structures having a floor area of more than 200 sf.; and provision of a security fence enclosing the entire Project site during construction with a lockable gate accessible by the City's fire and police departments ensure this impact remains less than significant. With regard to cumulative impacts, the City of Redlands Fire Marshal has identified that past growth in the City of Redlands has led to decreased response times and a need for additional fire protection services. However, property tax and sales tax revenue assist in funding of RFD operations. As development occurs, these funding sources increase proportionately. Furthermore, funds collected in the form of plan check fees, inspection fees, and permit fees are deposited into the General Fund and allocated to City services, as needed. In addition, the City has recently implemented development impact fees to reduce the impacts of new development on fire protection services. These fees would be distributed to the RFD to provide additional services and facilities required by growth in the City. Therefore, the cumulative impact on fire services would be less than significant. Impact: Would development of the Project increase the demand for police protection services that would require the construction of new or physically altered facilities to accommodate the increased demand for service or maintain, acceptable response times? (Impact 4.12-2, p. 4.12-11) FINDING: The City finds that development of the Project 'will have a less than significant impact with regard to increasing demand for police protection that would require the construction of new or physically altered facilities to accommodate the increased demand for service or maintain acceptable response times. Based on current personnel-per-capita ratios, the direct population growth as a result of the Project would require approximately 0.79 additional police personnel. See Draft FIR; Section 4.12. As a result, it is not anticipated that a new facility or physical alteration to existing facilities would be required as a result of the less than one additional personnel required for the Project. The Redlands Police Department (the "RPD") will provide law-enforcement services to the Project. RPD has identified the need for a new facility and additional personnel; however, the Project is not anticipated to substantially contribute to this need. The City will examine the Project in order to determine the appropriate amount of development fees that need to be paid. Also, the sales tax generated by retail and commercial sales at the proposed development would increase the City's revenue. Both revenue generated by development impact fees and sales taxes are deposited directly into the City's General Fund for appropriate allocation during the annual budgeting process, at which time the City may determine how to allocated these funds. Implementation, of Project Requirement PR 4.12E though PR 4.12G, including payment of a development impact fee; installation of the appropriate security alarm systems in the commercial components of the Project that are connected to the Redlands Fire and Police Departments; and the provision 6700-6799-6799 FIS Redlands,Commons January 6.20,} OC 26 of 24-hour on-site security personnel for the duration of construction activities will Delp to minimize any increase in burden on the RPD. As a result, this impact will remain less than significant. With regard to cumulative impacts, as additional development occurs in the City, there may be an overall increase in the demand for police protection services, including personnel, equipment, and/or facilities. To this end, the RPD has indicated that recent and planned development in the city has created the need for significant numbers of additional police personnel in all areas of service to the community. Demands on police protection services are mitigated by imposition of development impact fees on all construction to fund police facilities. Additionally, property tax and sales tax revenue assist in funding of police operations. As development occurs, these funding sources increase proportionately. The taxes and fees collected would be distributed to the RPD to provide additional services and facilities required by growth in the City. As a result, the cumulative impact on police services in the City would be less than significant. Impact: Would development of the Project increase the demand for schools that would require the construction of new or physically altered facilities to accommodate the increased demand? (Impact 4.12-3, p. 4.12-16) FINDING: The City finds that development of the Project will have a less than significant impact with regard to physical impacts associated with the provision of new or physically altered schools to accommodate increased demand. The Redlands Unified School District ("RUSD"l anticipates that enrollment for its elementary, middle and high schools will increase in the coming years. According to the RUSD, direct population growth resulting from the 199 single-family residential units would generate approximately 53 elementary school students, 27 middle school students, and 39 high school students,for a total of 119 additional students in grades K-12. Project Requirement PR 4.12H requires the developer to pay all applicable development impact fees to cover additional school services required by new development. The fees collected will offset any additional increase in educational demand at the schools serving the Project site. As a result, this impact will remain less than significant. With regard to cumulative impacts, State law has determined that the payment of school fees reduces a project's impact to less than significant levels. The development impact fees associated with the Project constitute full mitigation for impacts to educational services because the City has determined that they would adequately fund the resulting increase in demand for those services. Thus, since implementation of the Project would result in a less than significant impact there would not be a cumulative impact to schools. The cumulative impact, therefore, on educational services in the City would be less than significant. Impact- Would development of the Project increase, demand for library services that would require the construction of new or physically altered facilities to accommodate the increased demand for service? (Impact 4.12-4, p. 412-20 67()()-67914'6799 EIR Redlands Commons January 6,')009.[)oC 27 FINDING: The City finds that development of the Project will have a less than significant impact with regard to, either individually or cumulatively, increasing demand for library services that would require the construction of new or physically altered facilities to accommodate the increased demand for service. The Project involves construction of 199 single-family residential units that will result in a direct population growth of approximately 550 people. The direct population increase would result in a net decrease in the book s-per-capita ratio, from 2.43 books per capita to 2.40 books per capita. This reduction is not anticipated to result in the need for a new library or require physical alternations to the existing library. The director of the library has provided information that the existing capacity of the library system would he adequate to accommodate the additional residents resulting from the implementation of the Project. Project Requirement PR 4.121 requires the developers to pay all applicable development impact fees to cover additional library services required by new development. This will ensure that the impact remains less than significant. With regard to cumulative impacts, the development impact fees associated with Project constitute full mitigation for impacts to library services because the City has determined that they would adequately fund the resulting increase in demand for those services. These fees would be distributed to the A.K. Smiley Library to provide additional services and facilities required by growth in the City. The cumulative impact, therefore, on library services in the City would be less than significant. M. Recreation Impact. Would implementation of the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration, of the facility would occur or be accelerated? (Impact 4.13-1, p. 4.13-11) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to increasing the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. The direct and indirect increase in population could result in an increase in use of local and regional recreational facilities,which could result in increased wear and tear on facilities. The provision of on-site open space areas (particularly the 2.1 acre recreational area in the Redlands Commons parcel) would help offset any potential physical deterioration that could result from use of other nearby recreational facilities. Implementation of Project Requirement PR 4.13A, which requires the developers to pay all open space and park fees prior to obtaining building permits in order to help the City acquire, develop, improve, and expand open space and parklands identified in the City's open space and parklands acquisition and development program, will further reduce the Project's contribution towards parkland impacts. In addition, a total of approximately 20.59 acres of common and private open space would be 6700­6799`6799 E[R RtdIandsCommons hnuary 6.2009.DOC 28 provided (14.25 acres within Redlands Commons and 6.34 acres within Trojan Groves). As a result, this impact will remain less than significant With regard to cumulative impacts, cumulative development would increase the demand for parkland in the City. However, the proposed 2.82 acres of open space and recreational areas, as well as the 6.1 acres of private open space inside lot lines, 2.93 acres of landscaped area in the commercial component, and 2.4 acres of landscaped areas between the street right-of-way and individual lots within the Redlands Commons residential development would contribute to the parkland and recreational amenities available to the future residents. Additionally, all cumulative, development within the City, including the Project, is required to pay appropriate park and open space fees per Ordinance No. 2661. Consequently, because Ordinance No. 2661 (and required by Projection Requirement PR 4.13A) provides a mechanism for the City to achieve its target goal of 5 acres of parkland per 1,000 residents, and because all cumulative development is required to pay its fair share of park fees to achieve the City"s goal, this cumulative impact is considered less than significant. Impact: Would implementation of the Project include park facilities, the construction of which would have an adverse physical effect on the en-6ronment? (Impact 4.13-2, p. 4.13-15) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to the inclusion of park facilities, the construction of which would have an adverse physical effect on the environment. The Redlands Commons Development would provide the equivalent of approximately 14.56 acres per 1,000 residents through the provision of 8.2 acres of private open space and yards. However, these areas would only serve the residents of the development, and would not be dedicated for public use. An additional 12.39 acres of landscaped area and buffers would be provided, some of which could be utilized, for recreational activities. Implementation of Project Requirement PR 4.13A will ensure that appropriate park and openspace fees are paid. In addition, no additional, previously unidentified impacts (as analyzed throughout the FIR) would occur from construction of the open space component of the Project. As a result this impact will remain less than significant. With regard to cumulative impacts, because project-specific construction impacts would he reduced for all future development projects, including the development of park facilities, the cumulative impact of future park construction activities is not considered significant on a cumulative basis. Thus, the cumulative impact of constructing new or physically altered park facilities would be less than significant. N. TransportationlTraffle Impact: Would operation of the Project exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for desi6mated roads or highways? (Impact 4.;14-5. p. 4.14-93) L eclerk Resolutions Res 6700-6799'16799 EIR Redhinds Commons January 0,2009DOC 29 FINDING: The City, rinds that operation of the Project will have a less than significant impact with regard to exceeding a level of service standard established by the county congestion management agency for designated roads or highways. In the 2010 and 2030 condition analysis, 1-210 is forecast to operate at acceptable levels of service from 5th Street to San, Bernardino Avenue and San Bernardino Avenue to I- 10, as well as at the Alabama Street at Redlands Boulevard intersection in the AM and PM peak hours. The EIR provides extensive analysis of the applicable Congestion Management Plan ("CMP") and potential impacts at various intersections, and concludes that no mitigation is required. In addition,, improvements for 1-210 are identified and funding is approved under Measure 1, the sales tax initiative that has been approved by a countywide vote.. Therefore, no mitigation and no fair share funding are necessary for freeway mainline improvements. As a result, this impact will remain less than significant and no mitigation is required. With regard to cumulative impacts, 1-210 is forecast to operate at acceptable levels of service from 5th Street to San Bernardino Avenue and San Bernardino Avenue to 1-10 in the AM and PM peak hours in 2030. In addition, improvements for this section of the freeway are identified and funding is approved under Measure I, the sales tax initiative that has been approved by a countyNvide vote. Therefore, this would not he a significant cumulative impact and the cumulative impact would be less than significant. Also, for the Redlands Commons development, in the 2009 condition analysis, 1-21.0 is forecast to operate at acceptable levels of service from 5th Street to San Bernardino Avenue and San Bernardino Avenue to I-10 in the AM and PM peak hours. See EIR p. 4.14-105. Therefore, the Redlands Commons project and cumulative projects plus future development would not result in a cumulative impact in 2009, and the cumulative impact would be less than significant. Impact: Would operation of the PrQject substantially increase hazards due to a desig gn feature or incompatible uses'? (Impact 4.14-6, p. 4.14- ) FINDING: The City rinds that operation of the Project will have a less than ,Significant impact with regard to substantially increasing hazards due to a design feature,. The Project includes development of various road improvements, internal circulation improvements, and other intersection and lane improvenients. All road improvements will implemented in compliance with Section 5.0 of the City's General Plan, and constructed in accordance with the road standards described in FVCSP EV4.0110. Although there is no development plan for the Trojan Groves portion of the site, the developer of Trojan Groves will be required to adhere to these standards as well. Implementation of Project Requirements PR 4.14A through PR 4.14E will ensure that this impact remains less than significant. With regard to cumulative impacts, it is anticipated that future development would be required to adhere to standard engineering practices and requirements and would be Subject to planning and design review by the presiding jurisdiction to avoid traffic hazards created by design features and land use incompatibilities. For L'Cc k:iV,Resoluiion,;.Res 6700-0,99 6799 SIR Redlands Commons Januaq, -30 this reason, and because such impacts (if and where they occur) are relatively site specific, cumulative impacts associated with such traffic hazards are less than significant. Impact: Would operation of the Project result in inadequate emergency access? (Impact 4.14-7, p. 4.14-97) FINDING: The City finds that the Project will, result in a less than significant impact with regard to creating inadequate emergency access. The driveways on San Bernardino Avenue, Texas Street, Pioneer Avenue, and Tennessee Street will provide adequate width for one inbound and two outbound lanes at any residential entry and two inbound and two outbound lanes at any commercial entry. In addition, compliance with Project Requirement PR 4.148 (Item 8) will provide adequate provisions be made for emergency vehicle access, with a minimum of two points of ingress and egress at each site. As a result,this impact will remain less than significant. With regard to cumulative impacts, construction and operation of the cumulative projects would generate additional traffic on surface streets and intersections, but it is not anticipated that future levels of traffic associated with the related projects would result in a significant impairment of emergency access. Therefore, the cumulative operational impact of the cumulative projects on emergency access is less than significant. Regarding the effects from lane closures due to construction of the cumulative projects and other future projects, impacts are relatively site- specific, and thus it is not considered likely that the construction of these projects would have a cumulative effect above and beyond the immediate effects of the construction at the particular location. Thus, the cumulative construction impact of the cumulative projects on emergency access is less than significant. Impact: Would operation of the Project result in inadequate parking capacity? (Impact 4.14-8, p, 4.14-98) FINDING: The City, finds that operation of the Project will result a less than significant impact with regard to creating inadequate parking capacity. The Project will adhere to the EVCSP parking requirements to ensure adequate parking capacity. Therefore, parking and loading will be supplied in accordance with the City's requirements, and a less than significant impact on parking capacity will occur. With regard to cumulative impacts, plans for future development would be subject to the requirements of CEQA and, as part of standard development procedures, would be submitted to the City for review and approval to ensure that all new development has adequate parking capacity. For this reason, and because such impacts (if and where they occur) are relatively site specific, cumulative impacts associated with parking are less than significant. ] cderk Resolutions,Rks 6700-6799,6799 EIR Redlands Commons Janumv 6,2001),[X)C 31 linpact: Would operation of the Project conflict with adopted policies supporting alternative transportation? (Impact 4.14-9, p. 4.14-100 FINDING: The City finds that operation of the Project will result in a less than significant impact with regard to creating a conflict with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks). The Project is required to adhere to the policies, objectives, and requirements regarding alternative transportation established in the EVC P, the City's General Plan and the Municipal Code. Through Project 'Requirements PR 4.14E through PR 4.14J, the Project will provide bus turnouts and shelters in consultation with transit agencies, connections to a regional trail system, sidewalks on all public streets, comply with Municipal Code requirements supporting alternative transportation, and will be consistent with plans and policies in the General Plan Circulation Element and the EVCSP. Therefore, this impact will remain less than significant. With regard to cumulative impacts, cumulative projects could conflict with adopted programs, practices, or procedures supporting alternative transportation. However, no cumulative impact would occur with any development project within the limits of the City of Redlands, since the related projects would be required to comply with City of Redlands General Plan policies and the EVC SP requirements, as applicable. Thus,the cumulative impact would be less than significant. 0. Utilities and Service System Impact: Would implementation of the Project require or result in construction of new or expanded water treatment facilities, the construction of which would cause significant environmental effects? (Impact.4015-1, p. 4.15-9) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to requiring construction of new water treatment facilities or expansion of existing facilities. There are planned expansions for water reclamation capacity at the City's Water Reclamation Plant, as well as a new treatment system at the City's Texas Street well field. These improvements are not being constructed as a result of the Project and would still be implemented even if the Project were not constructed. The environmental impacts of the planned treatment facility capacity improvements will be analyzed by the appropriate lead agency in the appropriate CE( A document prior to each treatment Project's approval. As a result, this impact will remain less than significant, and no mitigation is required. With regard to cumulative impacts, the cumulative construction impacts of water treatment facilities' projects would be less than significant, as these types of projects are of a small scale and it is unlikely that all potential improvements needed would occur simultaneously. The preexisting cumulative impact is thus not significant. Consequently, the cumulative impact of the project is less than significant. 67()0-6799'0799 EIR Redlands Commons January 6,2009 DOC 32 Impact: Would in-iplementation of the Project generate additional demand for water, require water supplies in excess of existing entitlements and resources, or require new entitlements" (Impact 4.15-2, p. 4.15-10) FINDING: The Cit- y finds that implementation of the Project will have a less than significant impact with regard to affecting the availability of sufficient supplies to serve the Project from existing entitlements and resources. The Water Supply Assessment ("WSA") for the Project assessed the ability of the City to meet the future projected water demands due to growth, including the Project, for the next 20 years for normal, single-dry, and multiple-dry scenarios. The WSA concluded that the City will have sufficient supply to meet these demands. This impact is considered less than significant, and no mitigation is required. With regard to cumulative`impacts, the WSA concluded that there would be enough water to meet the demands of the Project, and future projected growth within the water service area of the RMUD through at least 2030. There is no cumulative impact regarding water supply in the service area of RMUD and the Project will have a less than significant cumulative impact. Impact: Would implementation of the Project generate solid,waste that exceeds the permitted capacity of the California Street Landfill? {Irnpact 4.15-3, p. 4.15-16) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to affecting the availability of a landfill with sufficient permitted capacity to serve the Project. Calculations indicate that the Project will produce a relatively small amount of solid waste and that the City's landfill has adequate capacity. Pursuant to Project Requirement PR 4.15A the developer will submit a site and building recycling plan to the RMUD as a condition of approval. Also, pursuant to Project Requirement PR 4.15B the developer will comply with all applicable regulations pursuant to the California Integrated Waste Management Act and City Municipal Code Section 13.66.040 regarding the recycling of construction related debris. These Project Requirements will ensure this impact remains less than significant, and therefore no mitigation is required. With regard to cumulative impacts, the Project, together with all cumulative development in the City, was planned in the General Plan and EVCSP. As the California Street Landfill has sufficient capacity to accommodate all solid waste from full build out under the General Plan, there is no significant cumulative impact. The Project would add an insignificant amount to the daily stream of solid waste. Therefore, the Project would have a less than significant cumulative impact. Impact: Would implementation of the Project comply with all applicable federal, state and local statutes and regulations related to solid waste? (Impact 4.15-4, p. 4,15- ) FINDING: The City rinds that implementation of the Project will have a less than significant impact with regard to complying with applicable federal, state and local statutes and regulations related to solid waste. To meet the requirements of the "3 67(X)-6N+,6'()9 EI R RefflandsConimons Januat),6.2009DOC I California Integrated Waste Management Act, the City's Municipal Code (Section 13.66) establishes requirements for recycling by development type. Compliance with Project Requirement PR 4.14.E requires compliance with City Municipal Code Chapter 13.66. Project Requirement PR 4.158 requires the developer to submit a completed site and building recycling plan to the RNJUD. Furthermore, implementation of Project Requirement PR 4.150 requires the developer of Redlands Commons to mulch the existing citrus groves on-site and fully utilize the mulch products in the landscaping of the property. These Project Requirements ensure that the Project will comply with all federal, state, and local regulations. As a result, this impact will remain less than significant. With regard to cumulative impacts, as all projects must comply with the applicable federal, state, and local statutes and regulations as outlined directly above and in Section 4.15-4, a less than significant cumulative impact would occur. Impact: Would implementation of the Project exceed wastewater treatment requirements of the applicable Regional Water Quality Board? (Impact 4.15- . p. 4,15- 25) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to exceeding>wastewater treatment requirements of the applicable Santa Ana Regional Water Quality Control, Board ("RWQCB"). The Project will include residential, commercial, office, and restaurant uses, but will not include industrial or science research facilities. Consequently, ec ., the Proj t will not discharge pollutants, such as industrial sludge, noxious gasses, medical wastes, or radioactive materials. However, the Project will generate wastewater that will include restaurant waste and typical residential and employee wastes. Implementation of Project Requirement PR 4.15D, which requires the Project to comply with all wastewater requirements established under Chapter 13.52 of the City's Municipal Code and all requirements established by the Santa Ana RWQCB, will ensure the impact remains less than significant. With regard to cumulative impacts, to ensure that the Project would not exceed wastewater treatment requirements, all cumulative development within the City, including the Project, would adhere to the City Municipal Code. With adherence to these existing requirements and requirements established by the NPOES permit, the cumulative impact of the Project is less than significant. Impact: Would implementation of the Project require or result in the construction of new or expanded wastewater treatment or conveyance facilities or expansion of existing facilities. (Impact 4,15-6, p. 4.15-26) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to requiring or resulting in the construction of new or expanded wastewater treatment or conveyance facilities or expansion of existing facilities. According to the RMUD, single4anifly residential units wwrill< generate approximately 206 gallons of wastewater per day, offices generate 0.10 gallons of 1:',cderk,RisolutionsAes 6700-6-N)9 6799 EIR RedlzindsConunonshnuaiy 6,2009.DOC 34 wastewater per sf per day, retail uses generate 0.023 gallons of wastewater per sf per day, and the restaurants and general mixed commercial generate approximately 0.40 gallons per sf per day. The City's wastewater treatment facility has the ability to process of 9.5 and and has substantially adequate capacity to accommodate the Project's waste generation. Therefore, the Project would not significantly impact the Cityrls treatment capacity. Implementation of Project Requirement PR 4.15D through PR 4.151 will require the developer to coordinate improvements with the developers of the future school, as well as maintain compliance with the City's Municipal Code, construct an 8-inch sewer line along the Project's frontage, construct an internal sewer collection system, pay the applicable impact fees, and construct the appropriate off-site improvements to the home on Buckeye Street in two phases. The foregoing will ensure this impact remains less than significant, and therefore no mitigation is required. The Project and related projects in the surrounding area would not make a cumulative impact because future sewer demands were expected and discussed as part of the overall EVCSP. Future projects would be required to pay fees and develop construction schedules that would reduce the overall impacts to current and future residents in the area. The cumulative impact would be less than significant, and the Project would not make a cumulatively considerable contribution to this less than significant impact. Impact: Would implementation of the Project increase wastewater generation such that treatment facilities would be inadequate to serve the Project's projected demand in addition to the provider's existing commitments? (Impact 4.15-7, p.4.15-30) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to increasing wastewater generation such that treatment facilities would be inadequate to serve the Project's projected demand in addition to the provider's existing commitments. Please see the above impact analysis under Impact 4.15-6. Based on this information this impact will remain less than significant. With regard to cumulative impacts, all cumulative development, including the Project,would pay applicable fees,which represent full mitigation for all impacts on stormwater drainage. Therefore, future growth within the City would have an overall cumulative impact that is less than> significant. Furthermore, the EVCSP indicates that the Project is located in an area where stormwater drainage is adequate to accommodate additional stormwater flows as a result of growth in the drainage area. All drainage improvements are subject tel the approval of the RMUD. Therefore, the development under would have as less than significant cumulative impact. Impact: Would implementation of the Project require the construction of new stormwater drainage facilities? (Impact 4.15-8, p. 4.15-33) 6700-6N96799 FAR Redlands Commons January 6,2f)09,[XX' 35 FINDING: The City finds that implementation of the Project will have a less than significant impact with respect to requiring the construction of new stormwater drainage facilities. The Project site is currently undeveloped and permeable. Therefore, implementation of the Project will increase the rate of surface runoff from the Project site. However, the implementation of the Concept Plan would not require the construction of new stormwater drainage facilities, as any flow from the Project site would enter existing stormwater drainage facilities. Instead, the Project will result in improved curbs and gutters to accommodate additional stormwater flows. Implementation of Project Requirement PR 4.15J and PR 4.151 will ensure that this impact remains less than significant. With regard to cumulative impacts, the EVCSP indicates that the Project is located in an area where stormwater drainage is adequate to accommodate additional stormwater flows as a result of growth in the drainage area. All drainage improvements are subject to the approval of the RMUD. Therefore, the development under would have a less than significant cumulative impact. Impact: Would development of the Project result in the construction of new energy production and/or transmission facilities or expansion of existing facilities? (Impact 4.15-9, p. 4.15-40) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to increasing the demand for electricity, and would not require or result in the construction of new energy production or transmission facilities, the construction of which could cause a significant environmental impact. Implementation of the Project would increase the use of electricity at the Project site due to lighting the parking lots and buildings, as well as heating and air conditioning the buildings. The total annual electricity consumption by the Project is estimated to be approximately 7,532,124.6 kWhlyear, which represents an approximate 2.9 percent annual increase in City consumption. Furthermore, Southern California Edison (11SCE") has provided a "will serve" letter, indicating Haat it will meet the demand and will serve the Project. See EIR p. 4.15-40 & Appendix J. Implementation of Project Requirement PR 4.151, will ensure that this impact remains less than significant. With regard to cumulative impacts, because SCE has determined that it is able to meet all future projected demands, there will be no significant cumulative impacts in terms of either supply or a potential need for added facilities. Therefore, the cumulative impact is less than significant. Impact: Would development of the Project increase the demand for natural gas that Would require or result in the construction of new ggas production or transmission facilitics'� (Impact 4.1.5-10.1 p. 4�15-42) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to increasing the demand for natural gas, and would not require or result in the construction of new gas production or transmission 1:cc ferk,Resolutions Res 6700-6709 6799 FIR R 6,2009,DOC 36 facilities. The Project-generated demand for natural gas would be approximately 972,t81,,,734 ft/year. The Southern California Gas Company ("SCLC") has indicated that an adequate supply of natural gas is currently available to serve the Project, and that the natural gas level of service provided to the surrounding area would not be impaired by the Project. See Draft Elly, p. 4.15-42. All utility connections would be constructed in accordance with the Uniform Building Code, City Ordinances, and RMUD standards to ensure an adequately sized and properly constructed electrical transmission and conveyance system. Further, implementation and extension of utility infrastructure would be fully funded and constructed by the developer in a manner that would minimize the potential for utility disruption. Implementation of Project Requirements PR 4.1511 and PR 4.15L will ensure that this impact remains less than significant, and no mitigation is required. With regard to cumulative impacts, the Project would be served by the SCLC. SCGC's <system has ample capacity to ensure continued levels of service to all customers within the region, supplying the Project site with adequate natural gas would not compromise its existing and projected service commitments. See Draft EIR p. 4.15-49. The cumulative impact related to the suppl- y of natural, gas and to the need for additional or expanded facilities is less than significant. Therefore, the cumulative impact is also less than significant. Impact: Would development of the Project result in wasteful and/or inefficient uses of energy? (Impact 4.15-11, p. 4.15-43) FINDING: The City finds that implementation of the Project will result in a less than significant impact with regard to, either individually or cumulatively, resulting in the wasteful or inefficient use of energy by the Project. As required by Project Requirement PR 4.15L, all new buildings are required to conform to the energy conservation standards specified in CCR Title 24. In order to conform to CCR Title 24, efficient energy use would be enforced and ensure that a less than significant impact remains with respect to wasteful or unnecessary use of energy and no mitigation is required. With regard to cumulative impacts, power supplies for the City, are projected to be sufficient to support all new development. See DraftEIR p. 4.15-49. In addition, as new projects are developed, energy conservation measures are employed. For example, all new projects constructed in California are required to conform to the energy conservation standards specified in Title 24 of the CCR, and many individual projects include other energy conservation. Similarly, the impact of the Project on electrical demand is less than significant. Therefore, the cumulative impact of Project is also less than significant. 1:',ec lei lsResoiufions'Res 67()0-6791)'h799 EIR Redlanck Commonshimary 6.2009DOC 37 Vt. SIGNIFICANT IMPACTS IDENTIFIED IN THE FIR THAT ARE REDUCED TO LESS THAN SIGNIFICANT BY MITIGATION MEASURES INCORPORATED INTO THE PROJECT The Final EIR identifies the following significant impacts associated with the Project which are reduced to a less-than-significant level by Mitigation Measures identified in the Final FIR. The impacts and Mitigation Measures identified are fully disclosed in the Final FIR, which is based on substantial,evidence, The City finds that the significant environmental impacts that these Mitigation Measures address will be mitigated to a less-than-significant level. A. Aesthetic.v Impact: Would development of the Project result in new sources of increased daytime glare that could adversely affect daytime views in the area? (Impact 4.1-4, p. 4.1- 20) FINDING: The City finds that development of the Project could result in new sources of increased daytime glare. Although daytime glare is currently at a minimum in, the Project area, glare could be produced by the increased amount of surface area of the proposed commercial and retail structures, which could reflect or concentrate sunlight and result in a potentially significant impact. Implementation of Mitigation Measure MM 4.1-1, however, which will utilize finished materials such as stucco and wood framing, as well as glass surfaces consistent with the requirements of the City Municipal Code and the design standards in the EVCSP, and landscaping adjacent to the structures would soften and diffuse glare from the structures. As a result, this impact will be reduced to a level of less than significant. With regard to cumulative impacts, all new development would be subject to the lighting standards and requirements in the Municipal Code as well as the EVCSP. These standards are designed to minimize the adverse impacts of increased light and glare in the Specific Plan area. Implementation of Mitigation Measure MM 4.1-1 would reduce Project-level impacts to less than significant. Therefore, the cumulative impact of the Project would be less than significant. Impact: Would development of the Project result in new sources of increased nighttime: light and glare that could adversely affect nighttime. views in the area? (Impact 4.1-5, p. 4.1-25) FINDING: The City finds that development of the Project could result in new sources of increased nighttime light and glare that could adversely affect nighttime views in the area. There is currently no nighttime lighting on the Project site. Because the property is not currently lighted, the post-development condition will represent a substantial, change in existing conditions with regard to lighting and glare. In order to reduce the impacts associated with increased nighttime light, the Project's ingress and egress points will he situated in such a way that vehicle headlights will not reflect on existing uses except for the planned new commercial L�CderkAesofutikniRes 6?00-671906791)FIR 6,2009DOC 38 uses across San Bernardino Avenue, the new high school on Pioneer, and the abandoned citrus packing plant across Texas Street to the east of the Project, which are not considered sensitive receptors. Furthermore, the new residential uses on the Redlands Commons property will be separated from the commercial component of the Project by a 35-foot landscaped buffer which will operate to screen vehicle headlights, as well as by the 40 foot buffer separating the Trojan Groves and Redlands Commons properties. With regard to the new high school, it will also be a new source of ambient and spill light. The impacts associated with the high school, however, are not expected to impact the residents of the Redlands Commons development or constitute a substantial impact as the residential area will located away from the playing fields of the high school. Implementation of Mitigation Measures MM 4.1-2 however, will require the preparation of a lighting plan to be reviewed by the City prior to the issuance of building permits. Implementation of Project Requirements PR 4.IJ will require that area lighting sources be subject to fixture height requirements, oriented toward the ground, wherever feasible, or screened to minimize illumination into the surrounding areas and to prevent glare or interference with vehicular traffic. Furthermore, implementation of Project Requirement PR 4.111 will require that limited and low-level lighting would be provided in open space areas. In these areas, lighting would be limited to decorative lighting in trees and along walk-ways. As such, these Project Requirements and Mitigation Measures will reduce lighting and nighttime glare impacts to surrounding uses and ensure that this impact will remain less than significant. With regard to cumulative impacts, all new development would be subject to the lighting standards and requirements in the Municipal Code as well as the EVCSP. These standards are designed to minimize the adverse impacts of increased light and glare in the Specific Plan area. Further, because development in the Specific Plan area has been planned, and the projects in the Specific Plan area represent a logical outward expansion of urban uses, there would be no significant adverse impact in the Specific Plan area with regard to light and glare. Implementation of Mitigation Measure MM 4.1-2 would reduce Project-level impacts to less than significant. Therefore, the cumulative impact of the Project would be less than significant. B. Biolo v __gicyl Resource Irnpact: Would constiuction of the project result n the loss of nesting habitat for mig i atory avian species of special concern such as raptors' (fnipact 4.4-11 p. 4,4-22) FINDING: The City finds that construction Project would result in the loss of nesting habitat for avian species of special concern and species protected by the Migratory Bird Treaty Act (the "MBTA"), which could represent a substantial L cderk'Resolutions'Rcs 6700-079(Yo799 EIR Redlands Commons,January 6.2009.E OC` 39 direct adverse effect on species identified as candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (the ,'CDFG") or the U.S. Fish and Wildlife Service (the "F S"), Presently, approximately 40 acres of orange trees would be removed from the Project site. Construe tion-related activities will result in tree removal which could result in the disturbance of nesting migratory species covered under the MBTA. Consequently, impacts to MBTA-protected breeding birds and raptors are considered potentially significant under CEQA. Compliance with Project Requirement PR 4.4A and implementation of Mitigation Measures MM 4.4-1(a), MM 4.4-1(b), and MM 4.4-1(c) would reduce the effects to migratory avian species to a less than significant level by identifying occupied nests, delaying construction, if necessary, and providing a buffer zone around occupied 'nests to ensure that no take or destruction of nests or eggs occurs. Alternatively, to avoid impacts, if construction activities are limited to occur between February 15 and August 15, this impact will further be reduced by ensuring that surveys for MBTA species and other special-status species are performed during the appropriate time of year. As a result, this impact will be reduced to a level of less than significant. 'Furthermore, implementation of the above Mitigation Measures and Project Requirements would ensure that this impact remains less than significant. With regard to cumulative impacts, continued conversion of natural habitat to human use, the availability and accessibility of remaining foraging and natural habitats in this ecosystem would dwindle and those remaining natural areas may not able to support additional plant or animal populations above their current carrying capacities. Thus, the conversion of plant and wildlife habitat on a regional level as a result of cumulative development would result in a regional significant cumulative impact on special status species and their habitats. However, compliance by the developer with the MBTA, including Mitigation Measures MM 4.4-1(a), MN I 4.44(b), and MM 4.4-1(c) which requires surveys for nesting MBTA species and burrowing owls and a restriction on construction activities if nests are found during the breeding season, would ensure that the Project's contribution to the cumulative impact would not be cumulatively considerable and would also be considered less than significant. lrnpactWould construction of the Project result in the loss of the silvery legless lizard, a species of special concern, which could represent a substantial direct adverse effect on species identified as candidate, sensitive., or special status species in local or regional plans. policies, or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife.Service? (Impact 4.4-2. p, 4.4-25) FINDING: The City finds that construction of the Project could result in the loss of the silvery legless lizard, a species of special concern, which could represent a substantial direct adverse effect on species identified as candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service. The V,eclerk- Resolutions,Res 6700-6799,6799 EER_Redlands Commons Januaty 6,2009 DOC 40 silvery legless lizard is a Species of Concern and has moderate potential to occur within the Project site. The species could inhabit the orchards found on the Redlands Commons portion of the site. This species is, however, a very secretive fossorial species which makes it difficult to determine if a significant population exists at the site. Due to the Project's conversion of agricultural lands to an urbanized environment, impacts to this species could occur. Implementation, however, of Mitigation Measure MM 4.4-2 would reduce the effects to the silvery legless lizard by requiring preconstruction surveys that are designed to capture, remove, and relocate this species. As a result, this impact will be reduced to a level of less than significant. With regard to cumulative impacts, the Project's acreage of habitat available in the Project site is small from a regional perspective and, is isolated from native natural habitat by urban development. As a result, this impact will not be cumulatively considerable and would also be considered less than significant. C. fultural Resources Impact: Would construction of the Project directly or indirectly result in destruction of a unique palenontologic resource on the Project site" (Impact 4.5-2, p, 4,5-12) FINDING: The City finds that construction of the Project could directly or indirectly result in damage to, or the destruction of, unique paleontologic resources on the site. Although no unique geologic feature is known to exist on the site, and no fossils have been found, there is a nearby rock area that has yielded significant paleontologic specimens. Sedimentary rock located beneath the Project site has the potential to yield similar important fossils and are considered potentially paleontologic ally sensitive. Implementation of Mitigation Measures 4.44(a) and 4.5-1(b) will reduce potentially significant impacts resulting from direct or indirect destruction of a unique palenontologic resource or site or unique geologic feature to a level of less than significant. With regard to cumulative impacts, the geographic context for the analysis, is the City of Redlands and Count.), of San Bernardino. Development in the City would require grading and excavation that could potentially affect paleontological resources in rock units that may contain these resources. The cumulative effect of these projects would contribute to the continued loss of subsurface cultural resources if these resources are not protected upon discovery. However, CEQA requirements such as Mitigation Measures MM 4.5-1(a) and MM 4.5-1(b) would be imposed and enforced throughout construction. As such, the contribution of potential impacts from the Project to the cumulative destruction of palcontologicat resources throughout City of Redlands and the County of San Bernardino would not he cumulatively considerable and, therefore,would be less than significant. I.cele rk-P,e,,,c)lutions,,Res,6700-6799 6799 EIR Rekilaiid,,;CoiTiii-t(rtisJanLiai-v 6 2009.DOC 41 D. Harards and ify;ars ous Waste Impact: Would development of the Project expose construction worigs or the public to sigmificant health and safety hazards through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment (Impact 4.7-2, p. 4.7-18) FINDING: The City finds that development of the Project could expose construction workers or the public to significant health and safety hazards through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Project construction may involve disturbing hazardous materials that are in the sail in association with the former use of the property for agricultural purposes. The disturbance of soils could result in the exposure of construction workers or employers to health or safety risks if contaminated sails are encountered during construction or maintenance 'activities. Implementation of Mitigation Measures MM 4.7-1 through MM 4.7=4, however,will reduce potentially significant impacts resulting from potential exposure of construction workers or the public to significant upset and I accident conditions involving the release of hazardous materialsinto the environment to a level of less than significant because these Mitigation Measures would reduce the potentially significant effects associated with.the exposure of construction workers or the public" to contaminated soil during construction activities by providing supplemental procedures for the protection of construction workers and the public, and remediation of contaminated soils in the event of unanticipated discoveries of contaminants. Withr regard to operational impacts, exposure of project visitors and employees' could occur by improper use or handling of hazardous materials or wastes. The Project would be anticipated to use routine chemicals, such as cleansers,'bleaches, and detergents, and landscape maintenance chemicals, such as herbicides and pesticides. Also,propane could be used for heating. Compliance with all applicable federal, state, and local requirements pertaining to proper handling, use, storage, and disposal of hazardous materials as well as Project Requirement PR 4.6A and PR 4.6would ensure that impacts related to accidental upset of hazardous materials during operation would be reduced to a less than significant level. With regard to cumulative impacts, related development in the City and surrounding area could subject construction workers to health or safety risks through exposure to hazardous materials, although the individual workers potentially affected would vary from project to project. Projects would be required to comply with applicable federal, State, and local regulations. Adherence to applicable regulations and guidelines pertaining to hazardous materials would ensure that cumulative impacts from construction activities would be less than significant. Because the Project 'would also be rewired to comply with applicable statutes and regulations, which would ensure that the project would not result in significant public hazards as a result of the accidental release of hazardous materials,the cumulative impact of the Project would be less than significant., I:cd rkRi�solutions Rts 6'700-6799`6799 FIR Ruv.alands Cornaztoni anuary t,,2009.DOC 4 Impact: Would development of the Project result in the handling of acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (Impact 4.7-3, p. 4,7-23) FINDING: The City finds that development of the Project will have a less than significant impact with regard to the handlings of acutely hazardous material, substances, or waste within one-quarter mile of an existing or proposed school. All businesses that handle or transport hazardous waste would he required to comply with the City's Fire Code and comply with the CUPA requirements if the facility proposes to handle hazardous materials or generate hazardous materials above established thresholds. Implementation of the Project Requirement PR 4.7A and PR 4.7B as mandated by the City's Fire Code, as well as Mitigation Measure MM 4.7-6 would ensure this impact will remain less than significant. With regard to cumulative impacts, existing, proposed and reasonable foreseeable development that would potentially create risks from hazards or hazardous materials would be subject to the requirements applicable local, state and federal regulations. For instance, impacts to schools are reviewed in accordance with California Department of Education regulations. Project Requirements PR 4.6A and PR 4.613 would ensure that any cumulative impacts pertaining to the handling of acutely hazardous materials, substances, or wastes within 1/4-mile of an existing or proposed school would be less than significant and the Project would not make a cumulative considerable contribution to this less than significant impact. Impact: Would development of the Project interfere with an adopted emergency response plan and/or ernergency evacuation plan? (Impact 4.7-7, p. 4.7-29) FINDING: The City finds that the Project may interfere with an adopted emergency response plan and/or emergency evacuation plan. The City's Emergency Plan identifies specific evacuation routes within the EVC` P` including 1-210 near the Project. Construction activities could temporarily result in lane closures on adjacent roadways for infrastructure improvements and sidewalk construction. Implementation of Mitigation Measure MM 4.7-5, which requires the Project developer to disclose temporary lane closures to the City in order to ensure adequate access for emergency vehicles, will reduce potentially significant impacts resulting from interfering with an adopted emergency response plan or emergency evacuation plan to a level of less than significant. With regard to cumulative impacts, construction and operation associated with the related projects and other future development in the City and surrounding area would not interfere with adopted emergency response or evacuation plans because it is anticipated that future development projects would be required to implement measures necessary to mitigate potential impacts. Therefore, the cumulative impact would be less than significant. L cele rk"Resolufions',Res 0700-6799i 6799 EIR Redlands Coalmons Jontlary 6,2()03 43 E. H adrolo 7 and IYater Otia xj-- Impact: Would operation of the Project increase ston�nwater or pollutant loads or concentrations that could result in a violation of water quality standards or a substantial degradation of water quality? (Irnpact 4.8-2, p. 4,8-35) FINDING: The City finds that operation of the Project would increase stormwater pollutant loads or concentrations that could result in a violation of water quality standards or a substantial degradation of water quality. The Project would result in a significant change in land use and the potential for increased site runoff as the Project site would change from an orchard and vacant lands to developed urban land uses. During operation of the Project, the major source of pollution in stormwater runoff will be contaminants that have accumulated on rooftops and other impervious surfaces. Implementation of Project Requirement PR 4.8C and PR- 4.8 1 R4.81) will require the use of various BMPs as well as creation of a Water Quality Management Plan which will improve water qualih, of stormwater runoff. In addition, Mitigation Measure MM 4.8-1 will reduce potentially significant impacts resulting from the increase in stormwater or pollutant loads that could result in a violation of water quality standards or a substantial degradation of water quality standards because it would incorporate structural BMPs so that the targeted reductions are met. As a result, this impact will be reduced to a level of less than significant. With regard to cumulative impacts, all development projects within the jurisdiction of the area-wide Municipal Stormwater Permit area would have to comply with the Stormwater Quality Management Program including preparation of a site specific WQMP, which incorporates stormwater quality BMPs for sediment and erosion control and compliance with local Municipal Codes, the Basin Plan, and any Total Maximum Daily Loads ("TNIDLs"). Permittees (agencies) of the Municipal Stormwater Permit are required to inspect and enforce permit requirements. Therefore, potential impacts associated with development that might cause or contribute to erosion and siltation within the watershed would not be substantial and the cumulative impact would be less than significant. Impact: Would construction of the Project result in water demands within the City; create impervious surfaces, and discharge storinwater to the groundwater system'? (Impact 4.8-3, p. 4.8-48) FINDING: The City rinds that construction of the Project would result in increased water demands within the City of Redlands, create impervious surfaces, and discharge stormwater to the groundwater system. These activities, however, would not substantially interfere with groundwater recharge or groundwater supplies. The depth to groundwater at the Project site is over 100 feet below ground surface and the Project is not located near any significant recharge areas. Furthermore, the basin is replenished by deep percolation of water from precipitation and resulting runoff, percolation from delivered water, and water spread in streambeds and spread atg grounds. As noted above, the Project is not located in a managed 1:cdcrk,Rosoluions Res 6700-6-194,6799 EIR Rctilands Commons.January 6,-2009.DOC 4 recharge area. Finally, no new wells would be constructed or water supplies developed for implementation of the Concept Plan. Therefore, the Project will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge. With regard to operation of the Project, the Project would require 134 AFY of water supplies each year to meet its demand at full build out (96 AFY for the Redlands Commons portion of the Project site and 38 AFY for the Trojan Groves portion of the Project site). Because there is sufficient available water supply and the Yucaipa Basin extractions would not be increased, the water demand created by operation of the Project would not substantially affect the groundwater such that there would be a lowering of the local groundwater table or reduction in groundwater supplies. Implementation of Project Requirements PR 4.8E & PR 4.81), will further ensure that water conservation activities to reduce potential demand on potable water resources. In addition, Mitigation Measure MM 4.8-1 requires that all storm-water detention and retention facilities drain completely within 48 hours and ensure this impact remains less than significant. With regard to cumulative impacts, the 2005 Urban Water Management Plan predicts a surplus of over 8,000 AFY at full build out of the General Plan in 2030. With the development of recycled water use, General Plan policy, and Redlands Municipal Code requirements for water conservation, the City of Redlands has more than adequate water supplies to meet demands without causing or contributing to depletion of groundwater resources. Therefore, cumulative impacts on groundwater recharge would be less than significant, and as the Project would comply with Project Requirements PR 4.8 to PR 4.8-F, the Project would not make a cumulatively considerable contribution to groundwater recharge or depletion impacts. Impact: Would development of the Project substantially alter the existing drainage pattern of the site or substantially increase the rate or amount of surface runoff such that flooding would occur on-site or off-site'? (Impact 4.8-5, p. 4.8-58) FINDING: The City finds that construction of the Project will substantially alter the existing drainage patterns of the site, and could substantially increase the rate or amount of surface runoff such that flooding would occur on-site or off-site. The Project site is currently entirely pervious. Trojan Groves would consist of 80 percent impervious surfaces and Redlands Commons would consist of an overall average of 71 percent impervious coverage. Although the Project will alter the internal drainage patterns of the Project site, it will not substantially alter the external pattern of drainage, save for increasing storm flow rate and volume. The Preliminary— Hydrology Study indicates that the Project will create runoff that will exceed existing conditions for both the 10-year and 100-year storm events. Implementation of Project Requirement PR 4.8H will require adequate stormwater drainage facilities. Furthermore, implementation of Mitigation Measure MM 4.8-2 would detain excess Project flows to accommodate the 100-year storm event and 67()()_6796799 EIR Redlands Commons January 6,2(X)9,rX)C 45 ensure that on-site or off-site flooding does not occur. As a result, potentially significant impacts would be reduced to a level of less than significant. With regard to cumulative impacts, construction of cumulative development would be regulated by the NPDE S General Construction Permit which requires preparation of an S' PPP with construction BLIP s to reduce erosion and sediment transport for projects that cumulatively disturb more than one acre. Furthermore, all development projects within the jurisdiction of the area-wide Municipal Stormwater Permit area would have to comply with the Stormwater Quality Management Program including preparation of a site specific WQMP, which incorporates stormwater quality B1*V1Ps for sediment and erosion control and compliance with local Municipal Codes, the Basin Plan, and any TMDLs. Therefore, potential impacts associated with development that might cause or contribute to erosion and siltation within the watershed would not be substantial and the cumulative impact would be less than significant. Impact: Would development of the Project create or contribute runoff water, which would exceed the capacity of existing or planned storrawater drainage systems or provide substantial additional sources of polluted runoff(Impact 4.8-6,p. 4.8-63) FINDING: The City finds that development of the Project will not require or resuft in the construction of new or expanded stormwater drainage facilities, the construction of which could cause significant environmental effects. Any potential new stormwater drainage facilities required for the Project would be constructed on-site. The 1.210 storm drain system has adequate capacity to convey stormwater runoff from the entire EVSCP at full build-out. Implementation of Project Requirements PR 4.8A through PR 4.81) and PR 4.8F through PR 4.811 as well as Mitigation Measures MM 4.131 and MM 4.8-2 will reduce potential impacts on pollutants in stormwater runoff, as well as require an adequately designed on-site stormwater drainage system and implementation of stormwater detention sufficient to adequately detain all Project stormwater runoff for the 100 year storm event above the existing conditions level for all development areas of the Project site. As a result this impact will remain less than significant. With regard to cumulative impacts, all major development within the area would be subject to environmental review, the San Bernardino Flood Control District permits, the NPD ES Program permits, as well as local Municipal Codes and plans. Additionall,, y, the Master Drainage. Plan for the Middle Santa Ana River Watershed Management Area was prepared to define full, build-out capacities within the Master Drainage Plan area as required by the N r PDES Municipal Storrawater Permit. Therefore,cumulative impacts on runoff would be less than significant. Impact: Would development of the Project require or result in the construction of new or expanded stormwater drainage facilities, the construction of which could cause significant environmental effects? (Impact 4.8-7, p. 4.8-63) V,cclerkAesolutions`Pew 6700-6799'.6799 PIR Redlands Coninions Januaq y 6,2W9,DOC 46 FINDING: The City finds that development of the Project will not result in, a significant impact with regard to requiring or resulting in the construction of new or expanded storruwater drainage facilities, the construction of which could cause significant environmental effects. The Project would not require construction of new or expanded off-site stormwater drainage facilities. Any potential new stormwater drainage facilities required for construction would be on-site and implemented as part of the Concept Plan. Implementation of Mitigation Measures 'MM 4.8-1 and MM 4.8-2 and compliance with Project Requirements PR 4.8A through PR 4.81) and PR 4.8F through PR 4.811 would ensure that any potential impacts of these on-site stormwater drainage systems remain less than significant. With regard to cumulative impacts, increased impervious surfaces as a result of cumulative development within, the watershed could increase the amount and rate of stormwater runoff that may require the construction of new stormwater drainage facilities or expansion of existing facilities. As such, the construction of these facilities would be subject to the environmental review process, local Municipal Codes, local general and specific plan policies, the SBFCD encroachment permitting process, and the NPDES General Construction and Municipal Stormwater Permits. These regulatory requirements and review would ensure that cumulative construction of new stormwater drainage facilities or expansion of existing facilities is less than significant. Impact: Would development of the Project substantially degrade water quality. (Impact 4.8-8, p. 4.8-63) FINDING: The City finds that development of the Project will not substantially degrade water quality. Compliance with existing regulatory requirements as well as implementation of Project Requirements PR 4.8A through PR 4.81 and Mitigation Measures MM 4.8-1 and MM 4.8-2 will reduce any potential water quality impacts to less than significant. Furthermore, implementation of the above Mitigation M I easure would ensure the Project's contribution to the cumulative impact would not be cumulatively considerable and would also be considered less than significant. F. Land Use Impact: Would the Project conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the Project adopted for the purpose of avoiding or mitigating an environmental effect'? (Impact 4.9-1, p. 4.9-81) FINDING: The City finds that Implementation of the Project could conflict with an applicable land use plan, policy or regulation of an agency with jurisdiction over the Project adopted for the purpose of avoiding or mitigating an environmental effect. These plans, policies and regulations include, but are not limited to, the General Plan. the EVC P, the Water Quality Control Plan, the Air Quality Management Plan, etc. As required by Section 15125(d) of the CEQA Guidelines, the Final EIR discusses conflicts between the Project and all applicable plans. See Draft EIR., 1:,.Merk,'Resolution;Re,6700-671)9 6799 FCR Redlands Common,,January 6,2009JX)C 47 Section 4.9. Implementation of the Mitigation Measures identified in sections 4.1 through 4.14 of the EIR will reduce this impact to a level of less than significant. With regard to cumulative impacts, with the adoption of proposed General Plan and Specific Plan amendments, the Redlands Commons development would not conflict with applicable land use plans, policies, or regulations. Because the Project would be consistent with applicable plans, it would not make a cumulatively considerable contribution to land use conflict impact. Therefore, the cumulative impact of implementation of the Project would he less than significant. G. Aloise Impact: Would construction of the Project generate noise levels that exceed the noise standards established by the City of Redlands in the Noise Element of the General Plan and the Noise Ordinance of the City Municipal Code? (Impact,4.10-1, p, 4.1,0-2 1) FIN DING: The City finds that the Project could generate noise levels that exceed the noise standards established by the City of Redlands in the Noise Element of the General Plan and the Noise Ordinance of the City Municipal, Code. Construction activities occurring within the Project area would involve excavation and grading activities followed by construction of the proposed facilities and associated parking as well as roadway and landscaping improvements, which would involve the use of heavy equipment. Construction activities would also involve the use of smaller power tools, generators, and other equipment that generate noise. Haul trucks using the local roadways would generate noise as they move along the road. Each stage of construction would involve a different mix of operating equipment, and noise levels would vary based on the amount and types of equipment in operation and the location of the activity. There are various sensitive uses that could be affected (depending on the distance from the project site) by the construction noise occurring as a result of the Project include the residential community located approximately 70 feet to the east of the proposed parcel at the southeast corner of Pioneer Street and Texas Street, and the four single-family residences located approximately 90 feet north of the Trojan Groves property. Additionally, there are residential communities located approximately 575 feet to the south of the Project area as well as residential communities 'located approximately 650 feet to the north east of the Project area. Additionally, the area to the north of Pioneer Avenue, west of Texas Street and adjacent to the parcel has been approved by the Redlands Unified School District of the site of a new high school. It is anticipated that the new school would be completed and operational during construction activities associated with development of the Concept Plan area. As such, construction activities for the Trojan Groves development would potentially occur after the parcel has been developed and is occupied with residential and commercial uses. However, it should; be noted that the proposed New York Street with a 64 foot right-of-way and 40 foot curb-to-curb separation would separate the parcel from the Trojan Groves property. Additionally, the parcel would be developed with setbacks from the Vcclok RewhitioTis-RcS(1700-6791),,6749 EIR Redlands Commons January 6,2009DOC 48 Trojan Groves property, including a 40 foot landscaped buffer along the western edge of the residential area as well as a 6 foot high masonry wall surrounding the perimeter of the residential area, which would serve to further reduce construction noise levels. Compliance with the identified Project Requirement and implementation of Mitigation Measures MM 4.10-1(a) and MM 4.10-1(b), would reduce this impact, but noise levels could still be substantial. Furthermore, the Project's construction noise impacts would be temporary, would not occur during recognized sleep hours, and would be consistent with the exemption for construction noise that exists in Section 8.06.120(G) of the City Municipal Code. Therefore, this impact would be considered less than significant. With regard to cumulative impacts, because compliance with this construction time limit is required by the City Municipal Code, the Project and all other cumulative development within the City would be exempt, and the cumulative impact associated with construction noise in Redlands would be considered less than significant. Similarly, because construction-related noise generated under. the Project would be exempt from established noise standards, the cumulative impact of the Project would also be less than significant. Impact: Would construction of the Project expose people to or generate excessive groundborne vibration or groundbome noise levels? (Impact 4.10-4, p.4,10-30) FINDING: The Project's construction activities may cause intermittent and localized groundborne vibration from the operation of heavy construction equipment. The closest sensitive receptors are the residences located on the southeast corner of Pioneer Avenue and Texas Street. These residences are located approximately 70-90 feet away from the closest construction activities. The future high school could also be potentially impacted as a result of construction-related vibration. These vibrations are anticipated to exceed the threshold of perception established in Section 8.06.020 of the City's Municipal Code. Implementation of Mitigation Measure MM 4.10-2 would, however, ensure that vibration levels do not exceed the threshold of perception at the sensitive uses and would avoid conflicting with the Citv's noise thresholds. Therefore, this impact will remain less than significant. Cumulative development in the< vicinity of the Project is not considered likely to result in the exposure of on-site or off-site receptors to excessive groundborne vibration due to the localized nature of vibration impacts, the fact that all construction would not occur at the same time and at the same location, which would usually preclude the use of heavy equipment such as bulldozers. Aside from the new high school, no other projects are proposed in close enough proximity to the Concept Plan area to affect the same receptors as the Project. Furthermore, the Project's loading docks are located at least 60 feet away from the nearest noise sensitive receptor, the temporary nature of noise generated by delivery activities, and the fact that there are several intervening structures that would serve to further Leclerk ResolufionNRci 6700-671)1)6799 t1ft Redlands Commons January 6,_2009JX)C 49 reduce the noise, the noise levels associated with delivery activities would be reduced at sensitive receptors. Therefore, groundborne vibration and noise levels as a result of the cumulative effect of multiple deliveries occurring during the same time would not be cumulatively considerable and would thus be considered less than significant. Impact: Would construction of the Prqject result in a substantial temporary or periodic increase in ambient noise levels? (Impact 4.10-6,p. 4,10-32) FINDING: The City finds that construction of the Project could result in a substantial temporary or periodic increase in ambient noise levels. Construction activities occurring within the Concept Plan area would involve grading, and excavation activities, followed by construction and external finishing of the proposed facilities and associated parking areas, as well as roadway and landscaping improvements. These activities would involve the use of heavy equipment. Construction activities would also involve the use of smaller power tools, generators, and other equipment that generates noise. Each stage of construction would use a different mix of equipment, and noise levels would vary based on the amount and types of equipment in operation and the location of the activity related to potential receptors. Implementation of Mitigation Measure MM4.10-1(a) would require implementation of construction BMPs to reduce construction noise levels. In addition, implementation of Mitigation Measure MM4.10-1(b) would require the locating of construction staging <areas and earthmoving equipment as far away as possible from noise- and vibration-sensitive land uses. Therefore, this impact would be less than significant. With regard to cumulative impacts, the City exempts construction noise from the provisions of the City Municipal Code as long as construction occurs within certain hours of the day. All of the developments analyzed in the cumulative context that would be constructed concurrently with the Project would be required to comply with the provisions of the City Municipal Code. Consequently, all projects analyzed in the cumulative context would fall under the City Municipal Code exemption, and the cumulative impact would be less than significant. H. ra i Impact: Would implementation of the PrQjcct cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system for Near Term (til 10) conditions9 (Impact 4.14-1, p. 4.14-36) FINDING. The City finds that implementation of the Project will have a less than significant impact with regard to causing an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system for intersections within the City for Near Term (22,010) conditions. Mitigation Measures MM 4.144 through MM 4.14-13, MM 4.14-16 through MM 4,14-17, MM 4.14-19, MM 4.14-23, and MM 4.14-25 would reduce impact's to less than significant. 6700-679(07149 EIR RefilandsCiiintniiiis,lziiivary 6,20ft DOC 50 Implementation of these Mitigation Measures will reduce the significant adverse impacts on level of service at the identified intersections by improving the intersections such that an acceptable level of service would be maintained. The City recognizes payment of development impact fees as full mitigation for Project impacts, for those intersections within the complete control of the City. Therefore, with regard to these intersections, the impact is less than significant. With regard to cumulative impacts, the Project-specific traffic analysis provided in Section 4.14 of the Draft E considers trips generated by the Project, as well as cumulative projects, in its development of future forecast conditions. The Project, in conjunction with the identified cumulative projects, would haveotentially P significant impacts at a total of eighteen intersections without the incorporation of Mitigation Measures. With the incorporation of the Mitigation Measures listed directly above under Impact 4.14-1, Project-specific impacts to these eighteen intersections would be mitigated below a level of significance. Therefore, the Project's contribution to substantial increases in traffic in relation to the existing traffic local street system would not be cumulatively considerable, and there would be a less than significant cumulative impact. linpact: Would operation of the Project cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system for Cumulative(2030) conditions? (Impact 4.14-3, p. 4.14-72) FINDING: The City finds that implementation of the Project will have a less than significant impact with regard to causing an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system for Cumulative (2030) conditions since Mitigation Measure MM 4.14-26 would reduce the impact to less than significant. The impact at Church Street at Lugonia Avenue is the result of cumulative development and would only occur in 2030. To address 2030 impacts, Mitigation Measure MM4.14-26 would be implemented by 2030. Payment of the City's transportation impact fee would be required prior to issuance of certificates of occupancy for the developments under the Concept Plan, but the improvements would not be required to be completed until 2030. In the 2030 condition analysis, I- 210 is forecast to operate at acceptable levels of service from 5th Street to San Bernardino Avenue and San Bernardino Avenue to 1-10 in the AM and PM peak hours. Improvements for these sections of the freeway are identified and funding is approved under Measure 1, the sales tax initiative that has been approved by a countywide vote. Therefore, no mitigation recommendation and fair share funding is necessary for freeway mainline improvements. With incorporation of Mitigation Measure MM 4.14-26, impacts to area traffic at the time of General Plan build-out (2030)would be mitigated to less-than-significant levels. Impact- Would construction of the Project cause an increase in traffic that is Substantial in relation to the existing traffic load and capacity of the street system'� (Impact 4.14-4, p. 4.14-9 1) I;,ixlerk.Rcsolkttions%Res 6700-6799 6799 LIR RodlandsCommons.)anuary 62W'�WC 51 FINDING: The City finds that construction of the Project will have a less than significant impact with regard to causing an increase in traffic that is substantial in relation to the existing traffic load and capacit- ,y of the< street system with incorporation of Mitigation Measures MM 4.14-27 through MINI, 4.1,4-29. Increased traffic from construction equipment, construction employee vehicles, and construction materials deliveries will lead to traffic-related impacts in addition to those generated by operation of the Project. Construction activities would occur throughout the Project area and off-site for traffic and infrastructure improvements, but primarily in the Project area where most new buildings are planned. Construction workers and equipment would be parked and staged on-site. During construction, there would be temporary impacts to the surrounding street network as a result of worker and truck trips traveling to and from the Project site. Implementation of Mitigation Measures MM 4A4-27 through MM 4.14-29 would reduce construction-related traffic impacts to a less than significant level. With regard to cumulative impacts, during construction the Project would temporarily increase traffic volumes in the surrounding street network. It is assumed that the nearby cumulative projects would include measures to reduce potential temporary impacts to the local area street network as determined by the City. As noted above, the Project would incorporate Mitigation Measures MM. 4.14- 27 through MM, 4.14-29, which would ensure that the flow of traffic in the surrounding streets is not significantly impacted as a result of construction activities, including temporary lane closures. The Mitigation Measures would require use of established truck routes, limit construction trips to non-peak hour periods, and require traffic control activities and personnel whenever lane closures occur. Therefore, since the Project's contribution to construction-related traffic impacts would not be cumulatively considerable, this cumulative Project impact would be less than significant. VII. SIGNIFICANT AND UNAVOIDABLE ENVIRONMENTAL EFFECTS WHICH CANNOT BE MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT Public Resources Code Section 2108 1(0 and CEQA Guidelines Section 1509 1(a) require a public agency to make specific findings that significant environmental effects identified in an FIR have been avoided and/or mitigated to a less than significant level prior to approving a project. Where a public agency cannot make the findings required by Public Resources Code Section 21081(a) and CEQA Guidelines Section 15091(a) due to the existence of siggnificant and unavoidable environmental impacts, the agency is required to balance the economic, legal, social, technological or other benefits of the project against its unavoidable environmental risks when determining w r�hcthcr to approve the project. CEQA Guidelines Section 15092 provide,,,; that a public agency may determine that any significant effects of a project that have been fiound unavoidable under Section 15091 are acceptable due to overriding concerns as described in CEQA Guidelines Section 15093). Thus, when a public agency approves a project which, will result in the occurrence of significant effects which are identified in the EIR but are not avoided or substantially lessened, the agency shall adopt a written "Statement of Overriding 1:viIoV,Reso lutions,Res 6700-079`6799 EER Re. inds Commons Januaty 6,2009,I)OC 52 Considerations" to support its action. See Publie Resources Code Section 21081(b); CEQA Guidelines Section 15093. The EIR identifies the following significant and unavoidable adverse impacts associated with the approval of the Project and identifies related Mitigation Measures. The City hereby finds that these significant and unavoidable adverse impacts are outweighed by the public benefits provided by the Project, and are acceptable, as more fully specified in Section IX, Statement of Overriding Considerations. A. AgLLMLMI Resources Impact: Would the Project convert, Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use? (Impact 4.2-2, p. 4.2-16) FINDING: The City finds that implementation, of the Project will create a significant impact with regard to changes to the existing environment, which due to their location or nature, could result in conversion of Farmland, to non-agricultural use. The Project is designated as containing Prime Farmland and Farmland of Statewide Importance and will convert this land from agricultural to urban uses, including commercial and residential. The Project site, however, is currently designated as Commercial by the City General Plan and as a Special Development District by the EVCSP, which anticipates future urban development, including commercial and office development. Further, the East Valley Corridor area is considered a prime location for commercial and industrial development due to its proximity to large urban areas and relatively few topographic and environmental constraints, The, Project would not, however, instigate a change that that is not already reasonably foreseeable under the applicable land use plans and zoning assessed in the EV�CSP or the General Plan. No feasible Mitigation Measures exist that would avoid or reduce impacts to a less-than-significant level. Therefore, this impact remains significant and unavoidable. The City finds this significant and unavoidable impact to be acceptable for the reasons set forth in the Statement of Overriding Considerations. With regard to cumulative impacts, the EVCSP designated the Project site as a Special Development District and anticipated the area would be used for non- agricultural uses. Because the Project site currently contains soil designated as either Prime Farmland or Farmland of Statewide Importance, implementation of the Project would make a cumulatively considerable contribution to this impact, and the cumulative impact would be significant and unavoidable. The City finds this significant and unavoidable impact to be acceptable for the reasons set forth in the Statement of Overriding Considerations. B. Airaoa Impact: Would development of the Project violate an air quality standard or contribute substantially to an existing or prqjected air quality violation? (Impact 4.3-5, p. 43-32) L,ederk kesi-)Iutions'.Res 6700-67VY679e)EIR Redlands Commonslanukary,6_2009,DOC 13 FINDING: The City finds that development of the Project will violate an air quality standard or contribute substantially to an existing or projected air quality violation. This impact is both individually and cumulatively significant and unavoidable. The Project will generate short-term emissions from construction activities and long-term enussions from the occupation of new land uses. On-site impacts related to construction consist primarily of exhaust emissions from off-road heavy-duty diesel and gasoline powered construction equipment, as well as fugitive particulate matter from carthwork and material handling operations. Off-site emissions would result from workers com.muting to and from the job site and hauling of construction debris and excess dirt for disposal. Construction of the Redlands Commons development would take approximately eighteen months to complete. Construction information regarding the Trojan Groves project is not available. It is assumed that Trojan Groves would begin construction ten months after Redlands Commons begins construction,which would result in cumulative construction emissions due to an overlap of construction activities of the two Project components. Implementation of Project Requirement PR 4.3B, will ensure appropriate dust control measures will be implemented during each phase of development, as required by SCAQMD Rule 403—Fugitive Dust, and that recycling of all scraped asphalt material occur on-site. Project Requirement PR 4.3B will reduce the PNIto and PM2.5 emissions during site grading by providing additional dust suppression, and reduce PMio emissions to below SCAQ1%ID significance thresholds. VOC emission levels, however, will still exceed the SCAQMD significance thresholds during the architectural coating phase. To reduce VOC and NOx emissions, Mitigation Measures MM 4.3-5(a) and MM 4.3-5(m) will be implemented. Implementation of Mitigation Measures MM 4.3-5(a) through MM 4.3-5(m) will ensure that construction-related air quality impacts associated with VOC and NOx emissions would not exceed SCAQMD significance thresholds at the Project site during all phases of development by requiring the use of diesel-powered equipment that has been retrofitted with, after-treatment products to the extent that they are readily available in,the Basin and cost effective; the use of low-NOx diesel fuel to the extent that it is readily available in the Basin and cost effective for heavy-duty diesel-powered equipment; the use of alternative fuel construction equipment to the extent feasible; the proper maintenance of construction equipment; the ininimization of emissions from construction equipment during periods of non-use; reliance on the electricity infrastructure surrounding the construction site, rather than the use of electrical generators that are powered by internal combustible engines to the extent feasible; configuration of construction parking to minimize traffic interference; provision of temporary traffic controls to maintain smooth traffic flow; scheduling of construction activities that affect traffic flow on the arterial system to off peak hours; utilization of dedicated left-turn lanes for movement of construction trucks and equipment on-site and off-site; and mailing of notification to owners and occupants of all developed land uses immediately bordering the Project area providing a schedule for major construction activities Fcclerk'.Resolutions"Ri-s 6700-099"h799 EI R Redlands CotnmonshnuIry O,2009DO ' 54 that will occur through the duration of the construction period, including the identification and contact number for a community liaison and designated construction manager that would be available on-site to monitor construction activities. Implementation of the Mitigation Measures MM 4.3-5(a) through MM 4.3-5(m) would reduce VOC and NOx emissions, but not below SCAQMD thresholds because the actual reduction in VOC and NO emissions resulting from the implementation of these measures is not quantifiable for the Project. There are no additional feasible Mitigation Measures available to reduce the VOC emissions. Therefore, this impact will remain significant and unavoidable. With regard to operational emissions, the Project will generate long-term air quality impacts associated with its operation. The primary source of these emissions would be motor vehicle emissions generate from Project-induced vehicle trips. Other emissions would be generated from natural gas consumption for water and space heating, landscape and building maintenance activities, and use of consumer products. The Project's operational emissions will exceed the SCAQMD significant thresholds for VOC, NOx, CO, PNIjo, and PM2.5. No feasible Mitigation Measures exist to reduce this impact to a level below SCAQMD significance thresholds for operations. Therefore, long-term operational air quality impacts will be significant and unavoidable. With regard to cumulative impacts, SCAQMD recommends that individual projects that exceed the recommended daily thresholds for project-specific impacts be considered to cause a cumulatively considerable increase in emissions for those pollutants for which the Basin is in non-attainment. Because there are construction- related and operational impacts associated with air quality violations, the Project's contribution is cumulatively considerable, and the cumulative impact would be significant and unavoidable. In any event, the City finds the significant and unavoidable impacts related to operation and construction of the Project to be acceptable for the reasons set forth in the Statement of Overriding Considerations. Impact: Would development of the Project result in a cumulatively considerable net increase of any criteria pollutants for which the Project region is classified in non- attainment under applicable federal or State ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? (Impact 4.3-6. p. 4.3-40) FINDING: The City finds that development proposed under the Concept Plan will result in a cumulatively considerable net increase of criteria pollutants for which the Project region is classified non-attainment under an applicable federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors). Because the Basin is currently in non-attainment for ozone (for which VOC and NOx are precursors), PMto, and PM23 under 6700-679916791)EER Redlands Commons January 6,2(.X)9JW 55 national and state standards, projects could cumulatively exceed an air quality standard or contribute to an existing or projected air quality exceedance. Construction-related daily emissions associated with Project development would exceed SCAQMD significance thresholds for VOC during the architectural coating phase. Therefore, the emissions generated by construction of the Project would be cumulatively considerable and would constitute a substantial contribution to an existing or projected air quality violation. Furthermore, operation of the Project would generate emissions that exceed the thresholds of significance recommended by the SCAQMD for VOC, NOx, CO, PMio, and PM2.-,. Because the Basin is in non- attainment for PMio and PN,12.,;, and both VOC and NOx are precursors of ozone, for which the Basin is also in non-attainment, the Project would make a cumulatively considerable contribution to ozone emissions. Because the Project would exceed SC. til thresholds for the pollutants and precursors of ozone for which the Basin is in non-attainment, the Project would make cumulatively considerable contributions of these pollutants during both construction and operation of the Project. Because no feasible mitigation beyond Mitigation Measures MN'l 4.3-5(a) through MM 4.3-5(m) is available to further reduce these contributions to levels below SCAQMD thresholds, this impact is considered to be significant and unavoidable. The City finds this significant and unavoidable impact to be acceptable for the reasons set forth in the Statement of Overriding Considerations. Impact: Would construction activities associated with development of the Project generate emissions that would result in an exceedance of localized significance thresholds for PMio and PM2-5 established by the CA MD, and, therefore, expose sensitive receptors to substantial pollutant concentrations? (Impact 4.3-7., p. 4.3-42) FINDING: The City ifinds that construction activities associated with development proposed under the Concept Plan would generate emissions that would result in an exceedance of localized significance thresholds for PMj0 and PM.).-s established by the SCAQN1ID, and, therefore, could expose sensitive receptors to substantial pollutant concentrations. This impact is both individually and cumulatively significant and unavoidable. As with the above impacts, the Project will exceed the SCa QMD threshold for PMto and PM2.5 during Project construction. Implementation of Project Requirement PR 4.3B and Mitigation Measures MM 4.3- 5(a) through MM 4.3-5(1) would reduce this impact, but not to a less-than- significant level. The closest sensitive receptors to the Project site would be the new high school located to the north of the Redlands Commons site and the residential uses to the cast along Texas and Pioneer Street. These uses could be exposed to criteria pollutant concentrations which exceed the SCAQMD's localized significance thresholds. As no further feasible mitigation is available to reduce these concentrations, this impact would be significant and unavoidable. With regard to cumulative impacts, SCAQMD recommends that individual projects that exceed the recommended daily thresholds for project-specific impacts be considered to cause a cumulatively considerable increase in emissions for those pollutants for which the Basin is in non-attainment. Because there are construction 1:`,Cclei-kR�:�tiltitionsRes 6700-6799-1099 FIR RediiincisC(iiim)n,Jttiuii�,6.2009[W, 56 related impacts associated with air quality violations, the Project's contribution is cumulativel- y considerable, and the cumulative impact would be significant and unavoidable. The City finds this significant and unavoidable impact to be acceptable for the reasons set forth in the Statement of Overriding Considerations. C. BiologicalResources Impact: Would the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the Califo I rnia. Department of Fish and Game or U.S. Fish and Wildlife Seiiicc? (Impact 4.4- 6, p. 4.4-3 1) FINDING: The City finds that on a Project-specific level, the Project will have a less than significant impact on the loss of foraging habitat used by sensitive avian species and would not result in a substantial adverse effect, either directly or indirectly, on species identified as candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Gate or the U.S. 'Fish and Wildlife Service. On a cumulative basis, however, the City finds that development on the Trojan Groves portion of the Project would result in the loss of habitat that would he cumulatively considerable, resulting in a significant and unavoidable cumulative impact. As noted on page 4.4-31 of the Draft EIR, there is a moderate potential for sensitive raptors, including the Cooper's hawk, to occur on the Project site. Fallow agricultural or ruderal fields are known to be important foraging habitat for raptors considered sensitive raptors that would use the open space provided by the Trojan Groves proper-4- to forage for rodents. Because raptor foraging habitat ranges on the order of square miles per day, the loss of the Trojan Groves field would not represent a substantial loss of foraging habitat for raptors. For Redlands Commons, its orange trees are planted in rows and understory vegetation has been routinely cleared through the use of herbicides and cutting. As such, Redlands Commons is not considered prime raptor foraging habitat since sensitive species, such as the Cooper's hawk and peregrine falcon, hunt in open areas. Consequently,, on a project-level basis, Trojan Groves and Redlands Commons would result in a less than significant impact,on the substantial loss of substantial foraging habitat. With regard to cumulative impacts, the Project will have a significant and unavoidable cumulative impact with regard to the substantial loss of substantial raptor foraging areas within the City, and throughout the County. As development in the City and the region continues, sensitive wildlife species native to the region and their habitat will be lost through conversion of existing open space to urban development. The cumulative loss of native and nonnative habitat in southern California in general, and particularly in the portions of the County near the Project site, has substantially reduced opportunities for foraging raptors. The 67()0-67()Vt,799EJR RcAands Commonsianumy 6,2009DOC 57 Project will result in the toss of approximately 31.69 acres of relatively flat ruderal fields of the Trojan Groves portion of the Project site which represents a toss of quality foraging habitat for raptors, including special status raptors, such as the Cooper's hawk and peregrine falcon. The value of these fields for foraging is enhanced by the availability of numerous large trees, fence lines, and/or power transmission structures that some raptors perch on while searching for prey in the fields. The unmitigated loss of these fields would create a net decrease in raptor foraging habitat, which would be significant. Implementation of the Trojan Groves portion of the Project would make a cumulatively considerable contribution to this impact and would be significant and unavoidable on a cumulative basis. The City finds this significant and unavoidable impact to be acceptable for the reasons set forth in the Statement of Overriding Considerations. D. Traffle Impact: Would operation of the development proposed under the Project cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system or intersections outside the City's jurisdiction for Near Term (201 0) conditions? (Impact 4,14-2, p. 4.14-7I) FINDING: The City rinds that implementation of the Project would cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system for intersections within the jurisdiction within the City for Near Term (2010) conditions. The Draft FIR points out several intersections that have been identified that would be adversely impacted if not mitigated. Mitigation Measures MM,4.1,4-14, 141 M4.14-15, NIM4.14-18, MM4.14-20 through MM4.14-22, and MM4.14-24 have been proposed for seven intersections over which the City does not have complete jurisdiction (identified as within the jurisdictions of the County or Caltrans, or shared with the County). See Draft FIR, Section 4.14. Furthermore, even though the developer will pay fees pursuant to Mitigation Measures MM 4.14-1 through MM 4.14-13, MM 4.14-16 through MNI 4.14-17, MM 4.14-19, MM 4.14-23, and MNI 4.14-25 (which would fully mitigate the impacts of the Project on the remainder of the intersections within the City's jurisdictions), the intersections subject to the jurisdiction of the County and Caltrans are located outside the City's jurisdiction and would remain significantly and unavoidably impacted. Therefore, because these intersections are outside of the City's full control, these Mitigation Measures cannot be fully implemented by the City and this impact is considered significant and unavoidable. With regard to cumulative impacts, the Project, in conjunction with the identified cumulative projects, would have potentially significant impacts at a total of seven intersections without the incorporation of Mitigation Measures, and a cumulative significant impact would occur. Even with the incorporation of the Mitigation Measures listed directly above under Impact 4.14-2, impacts to the seven intersections cannot be mitigated below a level of significance and would remain significant and unavoidable. This is because these intersections are not within the complete control of the City of Redlands, which cannot fully implement the 6700-67a< 6799 EIR Redlands Commons January 0,2009DOC 58 Mitigation Measures. Therefore, because the Project's contribution to substantial, increases> in traffic in relation to the existing traffic local street system would be significant and unavoidable and thus cumulatively considerable, this cumulative proiject impact would be significant and unavoidable. The City finds this significant and unavoidable impact to be acceptable for the reasons set forth in the Statement of Overriding Considerations. VIII. STATEMENT OF OVERRIDING CONSIDERATIONS In accordance with CEA Guidelines Section 15093, the City has, in determining whether or not to approve the Project, balanced the economic, social, technological and other benefits of the Project against its unavoidable environmental risks, and has found that the benefits of the Project outweigh the significant adverse environmental effects that are not mitigated to less-than-significant levels, for the reasons set forth below. This Statement of Overriding Considerations is based on the City's review of the Final EIR and other information in the administrative record, The implenientation of the Project may have significant or certain adverse effects on the environment as described in the findings and this Statement of Overriding Considerations; specifically, agricultural resources impacts related to the conversion of farmland to non- agricultural use; air quality impacts related to violating air quality standards/contributing to existing or projected air quality violations, contributing to a net increase in criteria pollutants for the region which is already in non-attainment under applicable Federal and State ambient air quality standards', and exposing sensitive receptors to substantial pollutant concentrations; biological resources impacts related to the loss of foraging habitat used by sensitive avian species; and traffic impacts relating to an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system or intersections Outside the City's jurisdiction for 2010 conditions. Despite the existence of significant adverse impacts which have not been mitigated to below the level of significance, the City has balanced the benefits of the Project against these unavoidable significant environmental effects described in the Final EIR and set forth in Section VII of this document, and make the following Statement of Overriding Consideration,; in that the Project will: • Provide new detached single-family homeownership opportunities on smaller-sized lots in the City that are more reasonably priced for first-time homebuyers. • Create a mixed-use project that will invigorate an important aspect of the City. • Provide an open, space area for the public and residents within the residential component that contains a play area for children. • Facilitate the establishment of high-quality,-comprehensiv=e, and integrated residential and commercial development. • Contribute to the creation of a modem, efficient and balanced urban environment that reflects a high regard for architecture, landscape and urban design principles. • Create both construction and permanent jobs, • Provide restaurants and retail uses in a physically connected mixed use development with a high level of synergy between uses, • Provide a community commercial center to serve the surrounding residences. Res 6700-(,)7W()799 EIR Ridfands CoMfIlons3anuary 6,2009.DOC 59 • Create sales tax and property tax increment increases in the City. • Provide transit oriented development a(Ijacent to along: Major Arterial and in close proximity to a freeway exit/entrance, • Transition the site to urban land uses that are economically feasible, • Provide artwork components to the commercial area that commemorate the heritage of the area. The City hereby find; that each of the reasons stated above constitutes a separate and independent basis of justification k r the State of Overriding Considerations, and each is able to independently support the Statement of Overriding Considerations and override the unavoidable environmental effects of the Project. In addition, each reason is independently supported b substantial evidence contained in the administrative record. IX MITIGATION MONITORING PROGRAM In accordance with the requirements of Public Resources Code Section ?1081.6, the City hereby adopts the Mitigation Monitoring Program contained in Exhibit l to this Attachment A The City reserves the right to n-take amendments andl'or substitutions of Mitigation Measures if the City determines that the amended or substituted Mitigation Measure will mitigate the identified potential environmental impact to at least the same degree as the original Mitigation Measure, and where the, amendment or substitution would not result in a new significant impact on the environment which cannot be mitigated; INDEPENDENT JUDGMENT The Applicant's consultants prepared the screencheck versions of the Draft ETR., Final EIR, and technical studies presented as Appendices of the Final EIR. All such materials and all other materials related to the EIR were extensively reviewed and, where appropriate, modified by the Planning Department or other City representatives. As such, the Draft EIR, Final EIR, and all other related materials reflect the independent judgment and analysis of the City. NI. SUBSTANTIAL E IDENC"E The City finds and declares that substantial evidence for each and every finding made herein is contained in the Draft EIR, Final FIR, and cattier related materials, each of which are incorporated herein by this reference. Moreover, the City finds that where more than one reason exists for any finding, the City finds that each reason independently supports such finding,_and that any reason in support of a given finding individually constitutes a sufficient basis for that finding, SII. REI-AT ONS IP OF FENDING TCS FIR These findings are based on the most current information available. Accordingly, to the extent there are any apparent conflicts or inconsistencies between the Draft EIR and the final Ella on the one hand, and these findings, on the ether, these findings shall control and the. Draft FIR.; Final FIR, or both as the case may be, are hereby amended as set forth in these findings. 1 cchA Cs01L1tion- Rei 6700-6799'6799 99 F IR Redl aitd,,Commons January 6,?009 DOC 60 XIII. PROJECT CONDITIONS OFAPPROVAL Each of the Project features and Mitigation Measures referenced herein shall be conditions project approval to be monitored an,c enforced by the City pursuant to the building permit process and the Mitigation Monitoring Pro-ram. To the extent applicable, each of:til ether- findings and conditions of approval made by or adopted by the City in connection with approval of the Project are also incorporated herein by this reference. XIV, CUSTODIAN OF DOCUMENTS Section 21081.6(a)(2) of the Public Resources Coale and CEC A Guidelines Section 15091(c) require that: the public agency shall specify the location of the custodian of the documents or causer materials that constitute the record upon which its decision is based. The custodian of the documents or Cather material which constitute the: record of proceedings upon which the City-'s decision is based is the City of Redlands, Community Development Department located at '15 Cajun Street, Suite `0, Redlands, California, 92373. ADOPTED, SIGNS ► AND APPROVED this (nth Clay of J anuary, 2009. Mayor of the City of Redlands ATTEST:: City Clerlrk 1, Lorne Poyaer; City Clergy: of the. City of Redlands, California, do hereby certify that the foregoing Resolution No. 6799 was duly adopted by the City Council at a regular meeting thereof held can the 6th day of January.. 2009, by the following vote: AYES Councilmenaberrs Gilbreath, Gallagher, Aguilar; :Mayor f-Iarrison NOES:` Councihalember Bean ABSENT 'wane ABSTAIN: ' tame:, c f` Morrieaayrer, C"itler C ity' f Re'dlands,CC`ilalif r aia 6-00-0,99",6791)1 I Redlands col nnlons hnuar0.2(X)9.D0( 61