HomeMy WebLinkAboutCC RESO 2010-43RESOLUTION NO. 2010 — 43
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT, AND
ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM,
AND ADOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS
PREPARED TO ASSESS AND MITIGATE PROJECT IMPACTS OF ADOPTION OF
THE WESTSIDE SPECIFIC PLAN AND RELATED GENERAL PLAN AMENDMENTS
AND ZONE CHANGE DESIGNATIONS RESULTING IN REZONING FROM LIGHT
MANUFACTURING — RESIDENTIAL AND CIVIC INSTITUTIONAL -OPEN SPACE
RESERVE TO MULTI -USE COMMERCIAL (MCR-1, MCR-2), LIMITED
COMMERCIAL, RESIDENTIAL SINGLE-FAMILY, CIVIC INSTITUTIONAL,
AND OPEN SPACE RESERVE ZONING DESIGNATIONS.
CASE FILE NO. 2007-34 GPA, ZC, SPA, EIR.
ENVIRONMENTAL IMPACT REPORT SCH# 2008071092
WHEREAS, on March 1, 2010, the Planning Commission of the City of National
City held a public hearing at which oral and documentary evidence was presented, and
considered a Final Environmental Impact Report, Mitigation Monitoring and Reporting Program,
and Statement of Overriding Considerations prepared to assess and mitigate the project
impacts of adoption of the Westside Specific Plan and related General Plan Amendments and
zone change designations resulting in General Plan Amendment and zoning changes to
redesignate the approximately 100-acre Westside Specific Plan Area from Light Manufacturing -
Residential and Civic Institution -Open Space Reserve to Multi -use Commercial Residential
(MCR-1, MCR-2), Limited Commercial, Residential Single -Family, Civic Institutional, and Open
Space Reserve within an area west of Interstate-5 and east of National City Boulevard, north of
Mile of Cars Way, and south of Plaza Boulevard; and
WHEREAS, at said public hearing the Planning Commission considered the staff
report contained in Case File No. 2007-34 GPA, ZC, SPA, EIR, which is maintained by the City
and incorporated herein by reference along with evidence and testimony at said hearing; and
recommended action to certify the Final Environmental Impact Report and adopt the Findings of
Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting
Program; and
WHEREAS, on March 16, 2010, the City Council held a public hearing at which
oral and documentary evidence was presented, and considered said Final Environmental
Impact Report, Findings of Fact, Mitigation Monitoring and Reporting Program, and Statement
of Overriding Considerations, and has caused and duly held studies and proceedings for the
timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter
3, Article 6 of the Government Code of the State of Califomia; and
WHEREAS, the City Council at a duly advertised public hearing held on March
16, 2010, considered the proposed amendment to the General Plan and zoning changes, and
the Westside Specific Plan of the City of National City, along with all evidence and testimony
presented at said hearing, and along with the Environmental Impact Report to assess project
impacts of approving the General Plan Amendment and zone changes and adopting the
Westside Specific Plan together with any comments received; and
WHEREAS, the City Council recognizes the need and desirability to conduct
reviews of, and consider amendments to, the General Plan to accommodate the changing
needs of the community; and
Resolution No. 2010 — 43
March 16, 2010
Page 2
WHEREAS, this action is taken pursuant to all applicable procedures required by
state law and City law; and
WHEREAS, the action recited herein is found to be essential for the preservation
of public health, safety, and general welfare.
NOW, THEREFORE BE IT RESOLVED by the City Council that the testimony
and evidence presented to the Planning Commission at the public hearing held on March 16,
2010, support the following findings of fact and the Findings of Fact and Statement of Overriding
Considerations that are attached hereto as Exhibit A and incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council certifies it has reviewed and
considered the information contained in the Final Environmental Impact Report, and hereby
certifies the Final Environmental Impact Report and adopts the Statement of Overrriding
Considerations and Mitigation and Monitoring and Reporting Program based on the following
findings:
FINDINGS FOR CERTIFYING
THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING
THE MITIGATION AND MONITORING REPORTING PROGRAM
1. The Final Environmental Impact Report (FEIR) has been prepared in accordance
with the California Environmental Quality Act.
2. The City Council considered the Planning Commission's recommendation and
has reviewed and considered the information in the FEIR before approving the
Westside Specific Plan and related General Plan Amendments and zone
changes.
3. The FEIR reflects the City's independent judgment and analysis.
4. The City Council has considered the environmental impact report together with
any comments received during the public review process and the responses.
5. On the basis of the whole record, including the Initial Study, written comments,
and responses, there is substantial evidence that the project will have a
significant effect on the environment.
6. Based on the FEIR and the analysis provided therein, a Mitigation Monitoring and
Reporting Program (MMRP), fully contained within Attachment A of the "FEIR
and Mitigation Monitoring and Reporting Program" and attached hereto as Exhibit
B and incorporated herein by reference, has been prepared to assess the
potential environmental impacts and identifies impacts that can be mitigated to
avoid or substantially lessened below a level of significant impact.
Resolution No. 2010 — 43
March 16, 2010
Page 3
7. The mitigation measures that have been identified as feasible mitigation
measures that will mitigate impacts to below a level of significant impact in the
MMRP, fully contained in Exhibit B, have been incorporated into the Mitigation
Monitoring and Report Program for the Westside Specific Plan. All the identified
feasible mitigation measures will be incorporated in future development
discretionary applications as conditions of approval and are enforceable through
the permit conditions.
8. The Findings of Fact contained in Chapters 1 through 4 of Exhibit A, and in
particular the Findings Regarding Significant Environmental Effects contained in
Chapter 3 of Exhibit A, are incorporated herein as though fully set forth.
9. The alternatives to the proposed project are each rejected, as explained in the
FEIR, because they do not meet the project objectives in that the No Project
Alternative (Alternative 1) results in continued co -location of housing with
businesses uses that store, or generate hazardous materials; the No Mixed -use
Alternative (Alternative 2) and the Reduced Buildout Alternative (Alternative 3)
would reduce project impacts associated with air quality and traffic, but would not
meet project objectives for smart growth by not providing services and
employment opportunities; and the Retain and Expand Industrial Uses
Alternative (Alternative 4) would not achieve any of the goals of the project which
emphasizes residential characteristics and smart growth. The additional findings
contained in Chapter 4 of Exhibit A, are incorporated herein as though fully set
forth.
10. The documents and other materials that constitute the record of proceedings on
which the Planning Commission based its findings and recommendations to the
City Council to certify the Final Environmental Impact Report are located at the
City Hall, City of National City, 1243 National City Boulevard, National City. The
custodian for these documents is the City Clerk of the City of National City. This
information is provided in compliance with Public Resources Code Section
15091(e).
BE IT FURTHER RESOLVED that the City Council adopts the Statement of
Overriding Considerations contained in Chapter 5 of Exhibit A, incorporated herein by reference
as though fully set forth, stating why the projects' benefits override and outweigh its unavoidable
impacts.
BE IT FURTHER RESOLVED that the City Council adopts the Mitigation
Monitoring and Reporting Program, attached hereto as Exhibit B and incorporated herein by
reference as though fully set forth.
BE IT FURTHER RESOLVED that the City Council has considered the proposed
Final Environmental Impact Report, Findings of Fact, Mitigation Monitoring and Reporting
Program, and Statement of Overriding Considerations prepared to assess the impacts of
adoption of the Westside Specific Plan and related General Plan Amendment and Zone Change
designations, together with any comments received during the public review process, in making
these findings on the basis of the whole record and any comments.
Resolution No. 2010 — 43
March 16, 2010
Page 4
BE IT FURTHER RESOLVED that the Final Environmental Impact Report is
certified, and the Mitigation Monitoring and Reporting Program and Statement of Overriding
Considerations are adopted.
BE IT FURTHER RESOLVED that this Resolution shall become effective and
final on the day following the City Council meeting where the resolution is adopted. The time
within which judicial review of this decision may be sought is governed by the provisions of
Code of Civil Procedure Section 1094.6.
ATTEST:
PASSED and ADOPTED this 16th day of March, 2010.
4
Mi C. y Clerk
AA.
c ael R. Della, C
APPROVED AS TO FORM:
7) Zan- INC
George H.iiser, III
City Attorney
Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on March 16,
2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: Councilmember Van Deventer.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
ita,41,04,
City CI, rk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-43 of the City of National City, California, passed and adopted
by the Council of said City on March 16, 2010.
City Clerk of the City of National City, California
By:
Deputy
Exhibit "A"
Findings of Fact and
Statement of Overriding Considerations
Westside Specific Plan
Environmental Impact Report
(SCH #2008071092)
Table of Contents
Chapter 1 Introduction 1-1
Chapter 2 Project Description 2-1
Overview 2-1
Land Use Plan 2-1
Zoning Districts 2-2
Single -Family Residential Zone 2-3
Mixed -Use Commercial -Residential Zones 2-3
Limited Commercial Zone 2-4
Civic Institutional Zone 2-4
Open Space Reserve 2-4
Floodway Overlay 2-5
Additional Plan Components 2-5
Required Approvals 2-6
Chapter 3 Findings Regarding Significant Environmental Effects 3-1
Overview 3-1
Findings on Significant Environmental Effects 3-2
Air Quality 3-2
Noise 3-16
Traffic and Circulation 3-23
Biological Resources 3-25
Cultural Resources 3-32
Hazards and Hazardous Materials 3-38
Chapter 4 Findings on Project Alternatives 4-1
Overview 4-1
CEQA Project Objectives and Section Criteria 4-2
Alternative 1—No Project Alternative 4-2
Finding 4-3
Facts in Support of Finding 4-3
Altemative 2—No Mixed -Use Alternative 4-3
Finding 4-3
Facts in Support of the Finding 4-3
Altemative 3—Reduced Buildout Alternative 4-4
Finding 4-4
Facts in Support of the Finding 4-4
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
February 2010
ICFJBS 440 08
City of National City Table of Contents
Alternative 4—Retain and Expand Industrial Uses
Alternative 4-5
Finding 4-5
Facts in Support of the Finding 4-5
Environmentally Superior Alternative 4-5
Summary Finding 4-6
Chapter 5 Statement of Overriding Considerations 5-1
Tables
Table Page
2-4 Acreage by Land Use/Zoning Districts and 20-Year New
Development (Projected) 2-2
4-1 Comparison of Project Altemative Impacts to Significant Proposed
Project Impacts 4-6
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
ii
February 2010
ICFJQS 440 OB
City of National City Table of Contents
J
Acronyms
DPR Department of Parks and Recreation
ESA Environmental Site Assessment
HEPA high efficiency particulate air
HVAC heating, ventilation, and air conditioning
ML-PD Light Manufacturing Planned Development
MLR Light Manufacturing Residential
MTS Metropolitan Transit System's
TOD transit oriented development
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
Februani, 2010
ICF.IAS 440.08
Chapter 1
Introduction
This Findings of Fact and Statement of Overriding Considerations document
comprises five chapters. Chapter 1, Introduction, provides background
information as to the purpose of the document. Chapter 2, Project Description,
provides a description of the proposed project. Chapter 3, Findings Regarding
Significant Environmental Effects, presents the significant effects associated with
the project. Chapter 4, Project Alternatives, provides a brief discussion of other
alternatives that were evaluated in the environmental impact report (EIR).
Finally, Chapter 5, Statement of Overriding Considerations, is provided for those
adverse effects that cannot be feasibly mitigated or avoided, even with the
adopted mitigation measures.
Mitigation measures are referenced in the mitigation monitoring and reporting
program (MMRP) adopted concurrently with these findings and will be
effectuated through the process of constructing and implementing the project.
Except as otherwise noted, the findings reported in the following pages
incorporate the facts and discussions of environmental impacts that are found in
the final environmental impact report (final EIR) for the Westside Specific Plan,
February 2010, as fully set forth therein. These findings constitute the decision -
makers' rationale and support for their decision under the requirements of the
California Environmental Quality Act (CEQA).
For each of the significant project or cumulative impacts associated with the
project, the following information is provided:
• Description of Significant Effect —A specific description of each
significant environmental impact identified in the final E1R (e.g. Impact
AQ-1 a);
• Proposed Mitigation —Mitigation measures or actions that are proposed for
implementation as part of the project (e.g. MM AQ-la);
• Finding The findings made are those allowed by Section 21081 of the
California Public Resources Code (PRC). For impacts found to be
significant, one of three specific findings is made, in accordance with the
statement of acceptable findings provided in Section 15091 of the State
CEQA Guidelines; and
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
1-1
February 2010
iCFJ&S 440.08
City of National City 1.0 Introduction
• Rationale for Finding A summary of the reasons for the decision.
Pursuant to Section 21081.6 of the Califomia PRC and Section 15097 of the
State CEQA Guidelines, a MMRP must be adopted to ensure the efficacy of
proposed mitigation measures. The MMRP for the Westside Specific Plan is
appended to the final EIR, presented for adoption together with these Findings of
Fact and Statement of Overriding Considerations.
The Record of Proceedings for the City of National City's decision on the
proposed project consists of the following documents, at a minimum:
• The Notice of Preparation (NOP) and all other public notices issued by the
City of National City;
• A public scoping meeting held on July 30, 2008;
• Comment letters received on the NOP and public scoping meeting included
as Appendix A of the draft EIR;
• The draft EIR for the Westside Specific Plan and all technical appendices
(November 2009);
• All cornrnents submitted by agencies or members of the public during the 48-
day comment period on the draft E1R;
• All comments and correspondence submitted to the City of National City
with respect to the project, in addition to timely comments on thc draft EIR;
• The final EIR for the Westside Specific Plan, including comments received
on the draft EIR, responses to those comments, errata, and technical
appendices;
• The MMRP for thc project;
• All findings and resolutions adopted by the City in connection with the
Westside Specific Plan and all documents cited or referred to therein;
• All reports, studies, memoranda, maps, staff reports, or other planning
documents relating to the project prepared by the City, consultants to the
City, or responsible or trustee agencies with respect to the City's compliance
with the requirements of CEQA and with respect to the City's action on the
Westside Specific Plan;
• All documents submitted to the City by other public agencies or members of
the public in connection with the Westside Specific Plan, up through the
completion of the final EIR;
• Matters of common knowledge to the City, including, but not limited to,
federal, state, and local laws and regulations;
• Any other materials required for the record of proceedings by Public
Resources Code Section 21167.6, subdivision (e).
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
1-2
February 2010
ICFJ&S 440.O8
Overview
Chapter 2
Project Description
The City of National City proposes a General Plan Amendment, Rezone, and
Specific Plan to guide the future development of the Wcstside neighborhood in
response to conflicts between the neighborhood's current land uses. Because
many of the existing industrial uses are incompatible with the existing residential
uses, there has been a growing concern related to air quality emissions, traffic and
parking congestion, noise levels, and the release of hazardous materials. In an
attempt to minimize these adverse effects as the community grows, the proposed
Westside Specific Plan includes strategies for amortizing uses that would no longer
be permitted with the proposed land use changes, primarily auto body shops and
auto repair shops. Details of the Westside Specific Plan are provided below.
Land Use Plan
One of the primary functions of the proposed project is to change the existing
land use designations to focus on the residential character of the community and
develop mixed -uses that promote walkability and transit use. The land use and
zoning map illustrated in Figure 2-4 of the draft. EIR depicts the proposed land
uses, with the types and locations of various land uses that would be allowed on
site. Lower -density residential uses composed largely of single homes on
individual lots would occupy the majority of land in the neighborhood in
recognition of historic development patterns and in keeping with goals that
reinforce the residential neighborhood character of the Westside. Smaller scale
housing would be focused in the central portion of the plan area, and surrounding
mixed uses would function as commercial -residential buffers by providing a
gradual transition to full commercial or industrial uses outside the plan area,
thereby contributing to a pleasant and healthy living environment. In this inner
area, building heights reflective of existing one- and two-story homes would help
to retain the Westside neighborhood's historic character. In contrast to prior land
use policy and zoning, new industrial uses (including auto body repair and auto
services) would not be permissible within the residential area (RS-4 zone), and
existing industrial uses would he non -conforming uses and subject to Municipal
Westside Specific Plan
Findings of Fact and Statement of overriding
Considerations
2-1
February 2010
ICFJBS 440.08
City of National City
2.0 Project Description
Code Section 18.108 and 18.108.100 (Substitution of Non -Conforming Uses)
unless the use is included'in the acceptable, nonimpactive uses listed within the
Westside Specific Plan. Table 2-4 below gives the proposed acreage of each land
use/zoning district and a 20-year new development projection achieving 75% of
the maximum buildout. The Westside Specific Plan uses a 75% buildout
calculation based on historic and projected growth rates for National City.
Table 2-4. Acreage by Land Use/Zoning Districts and 20-Year New Development (Projected)
Land Use
, Single -Family Residential
20-Year New Development with
75% Buildout (Projected)
Acres within
Project Site
19
Residential
(dwelling units)
204
Retail
(square feet)
N/A
Office
(square feet)
N/A
Mixed -Use Commercial- Residential
(MCR- I )
26 704
140,659
281,318
Mixed -Use Commercial- Residential
(Smart Growth Center) (MCR-2)
Limited Commercial
23 938
375,442
23
N/A
376,086
375,443
752,171
Civic Institutional
Open Space Reserve
4
N/A
N/A
5
N/A
N/A
N/A
N/A
TOTAL
Zoning Districts
100 1,846 892,187 1,408,932
Figure 2-4 of the draft EIR also depicts the zoning districts regulating land use
and development within the plan area. Three new zones are proposed in the
Westside Specific Plan:
• Residential Single Family-4 (RS-4)
• Multi -Use Commercial -Residential (MCR-1)
• Multi -Use Commercial -Residential (Smart Growth Center) (MCR-2)
The Westside Specific Plan would also utilize three citywide zoning districts
established in the City's Land Use Code:
• Limited Commercial (CI.)
• Civic Institutional (IC)
• Open Space Reserve (OSR)
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
2-2
February 2010
ICI-J8S 440.C8
City of National City 2.0 Project Description
Use regulations and development standards for the proposed and citywide zones
are discussed in Section 3.7, "Land Use and Planning," of the draft EIR.
Descriptions of the purpose and intent of the proposed and citywide zones for the
Specific Plan Area are provided below.
Single -Family Residential Zone
The proposed project would potentially develop up to 204 new single-family
homes that would contribute an additional estimated population of 6,384 residents
by 2030. This component would be included in the new single-family zoning
designation, Residential Single-Family-4 (RS-4), which would permit lot sizes at a
minimum of 2,500 square feet with a 35-foot height limitation. Similar to the
existing development pattern within the Westside neighborhood, housing would be
oriented to the street. In addition, building setbacks and the shape and form of new
development would reflect existing residential development patterns in the plan
area.
Mixed -Use Commercial -Residential Zones
The Westside Specific Plan proposes two types of mixed -use commercial
residential zones: MCR-1 and MCR-2 (Smart -Growth Center). 'These zones
would be applied generally to areas bordering the RS-4 residential zone, to allow
for transitions to downtown and commercial areas, and would facilitate a
neighborhood retail and service district focused around Civic Center Drive.
Building heights would he limited to three stories for the MCR-1 zone, and five
stories for the MCR-2 zone. A mix of residential, commercial, and office uses
would be allowed within these zones; however, mixed uses would not be
required within individual buildings and/or projects, with the exception of the
blocks fronting Civic Center Drive where retail and neighborhood services would
be required on the ground floor, and offices and/or housing would be required on
the upper floors.
Transit Oriented Development (TOD)
1'he Westside Specific Plan also explores the effects of redeveloping the Public
Works yard and surrounding area into a transit -oriented infill affordable housing
project. The goals for this transit oriented development (TOD) are to (1) transform
the proposed property into affordable housing with linkages to the 24th Street
Metropolitan Transit System Trolley Station; (2) enhance Paradise Creek and
ensure the expansion of the Paradise Creek Education Park; and (3) prepare and
provide facilities and ongoing program management for an "incubator" that would
provide training and services that assist project tenants in more effectively pursuing
home ownership and higher paying jobs. The 14-acre TOD area would be located
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
2-3
February 2010
icnas 440 38
City of National City 2.0 Project Description
within the MCR-2 zone. The zone allowsresidential uses at a maximum density
of 45 dwelling units per net acre and would seek to achieve a minimum of 30
employees per acre. At maximum buildout, the area would support 360 dwelling
units, 295,000 to 450,000 gross square feet of office space, and 45,000 to 65,000
gross square feet of retail space (not including existing development). The project -
specific development may include an adult educational center within the TOD area
and relocation of the public works yard.
Limited Commercial Zone
As defined in the City's General Plan, the Limited Commercial Zone (CL)
provides for small-scale, limited convenience retail shopping at the neighborhood
level. This designation also provides for compatible residential development,
limited to no more than 1 unit per 1,900 square feet of lot arca. This zone is
included in the Westside Specific Plan to provide an area of office and
commercial space designed to buffer the residential uses from the freeway.
Civic Institutional Zone
The Civic Institutional Zone (IC) designates property accommodating public
facilities such as schools, parks, and municipal buildings such as the community
center. The Westside Specific Plan includes this zone to recognize and
accommodate the assembly of nonprofit quasi -public and private facilities into
efficient, functionally compatible, and attractively planned administrative
centers, medical and retirement centers, cultural centers, educational institutions,
multi -family housing, and similar uses.
Open Space Reserve
The Open Space Reserve (OSR) is intended primarily to preserve open space
wetland areas and allows passive use of the land for nature study, trails, and
picnicking purposes, as well as active recreation. The Westside Specific Plan
includes this zone to help preserve Paradise Creek, located in the southeastern
portion of the plan area, and to enhance the Paradise Creek Educational Park.
Additionally, areas may be designated as OSR as part of the TOD development
around the park or as park sites are identified or become available.
The existing Public Works Yard currently zoned in the OSR zone would be
converted to MCR-2 as described under the Transit Oriented Development
subheading above.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
2-4
February 2010
ICFJas 440.00
City of National City 2.0 Project Description
Floodway Overlay
The National City General Plan and Land Use Code establish the Floodway
Overlay to avoid creation of new or increased flooding risks associated with
Paradise Creek (Figure 2-4 of the draft EIR). Per these regulations, proposed
development cannot be approved without demonstration that the new buildings
will neither be subject to flooding nor create new flooding hazards.
Additional Plan Components
Paradise Creek Educational Park
Paradise Creek, located in the southeastern portion of the plan area, is recognized
as a valuable wetland resource and would be preserved within an open space
easement. The creek serves as a valuable resource from water quality, wildlife
habitat, and aesthetic perspectives. The Westside Specific Plan encourages
expanding Paradise Creek Educational Park with additional public amenities such
as trails, benches, and both passive and active recreational uses, and restoring
native vegetation.
Circulation and Parking
The circulation and parking plan for the Westside neighborhood would build on
the established street grid, freeway access, and transit facilities of the area. The
existing street grid of the neighborhood is ideal for safe walking due to small
block size, multiple routes to single locations, and legibility from the regular
north -south and east -west orientation of intersecting streets. Section 3.1,
"Traffic, Circulation, and Parking," details the circulation and parking upgrades
that would be required for the proposed project.
Community Corridors
To encourage multi -modal transit, bikeways would be constructed as part of
development, with improvements to roadways designated as Community
Corridors, and/or with Capital Improvement Projects. Streetscape improvements
would include decorative lighting, benches, enhanced crosswalks, and traffic
calming amenities to encourage walking within the community to the transit
station, parks, school, library, and downtown.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
2-5
February 2010
ICFJ&S 44 .38
City of National City 2.0 Project Description
Infrastructure and Public Services
The Westside Specific Plan would coordinate infrastructure and public service
planning with the proposed land use changes in the Westside neighborhood to
ensure there is adequate capacity to meet the demands of planned development.
An initial assessment of water, sewer, and stormwater infrastructure was
completed as part of the proposed project. Availability of public services such as
schools and fire and police services was also examined. Results from these
assessments are clearly defined in Section 3.10, "Utilities and Public Services,"
of the draft EIR.
Required Approvals
Project approval will require the following actions by the City of National City:
• Approval of a General Plan Amendment
• Approval to rezone from Light Manufacturing Residential (ML-R) to the
Residential Single -Family Zone (RS-4)
Approval to adopt the Mixed IJsc Commercial -Residential (MCR-1) zone
designation and rezone from ML-R to MCR-1
• Approval to adopt the Mixed Use Commercial -Residential (Smart Growth
Center) (MCR-2) zone designation and rezone from ML-R to MCR-1
• Approval to rezone from MI,-R to the Limited Commercial (CL) zone along
the major roadways
• Approval to rezone from ML-R to the Open Space Reserve (OSR) zone near
Paradise Creek
• Approval to rezone from ML-R to the Civic Institutional (IC) zone to
preserve the existing Kimball School
• Approval of West Avenue Closure between W 16t Street and W 18`h Street
• Approval of the Westside Specific Plan
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
2-6
February 2010
ICFJ&S 440.08
Overview
Chapter 3
Findings Regarding Significant
Environmental Effects
The final FIR identified several significant environmental effects that could
indirectly result from the implementation of the Westside Specific Plan. Indirect
and cumulative significant unavoidable adverse impacts would occur in the
following resource areas:
• Air Quality (Indirect and Cumulative);
• Noise (Indirect and Cumulative); and
• Traffic and Circulation (Cumulative only).
Indirect impacts in the following resource areas can he reduced to Tess -than -
significant levels through the implementation of feasible mitigation measures:
• Biological Resources;
• Cultural Resources; and
• Hazards and Hazardous Materials.
Implementation of the project would have less -than -significant impacts or no
impacts on the following resources (without mitigation):
• Aesthetics;
• Agriculture;
• Geology and Soils;
• Land Use and Planning;
• Mineral Resources;
• Population and Housing;
• Recreation;
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-1
February 2010
icrJas 44C as
City of National City 3.0 Findings Regarding Significant Effects
• Utilities and Public Services; and
• Water Quality and Hydrology.
These impacts are outweighed by overriding considerations, as set forth in
Chapter 5, below.
Findings on Significant Environmental Effects
Air Quality
For a full discussion of air quality impacts, see Chapter 3.2 of the Westside
Specific Plan Draft EIR and any revisions contained in Chapter 3 of the final
EIR.
Impact AQ-la: Construction Impacts
Despite the potential variability in construction emissions and schedules, there
are a number of feasible control measures that can he reasonably implemented to
reduce ozone and PM l0!PM2.5 emissions during construction; these measures
are summarized in Mitigation Measure MM AQ-la. Ilowever, given the lack of
specifics regarding construction activities, construction -related emissions related
to Impact AQ-la would be significant and mitigation is required.
Proposed Mitigation
MM AQ-1a: Fugitive Dust and Exhaust Control Measures. The SDAPCI)
has recently adopted a rule (Rule 55) that requires fugitive dust control measures
for construction and demolition projects. Future development proposed within
the Westside neighborhood shall be required to employ fugitive dust control
measures to reduce the amount of fugitive dust. The selection of specific
measures is left to the discretion of the project operator. Additional measures to
reduce NOx an ROG emissions may be needed if construction -related emissions
exceed the screening level emission thresholds (Table 3.2-9). For any future
development, the applicant shall employ measures that may include, but are not
limited to, the following:
• Inactive Construction Areas. Apply non -toxic soil stabilizers according to
manufacturers' specification to all inactive construction areas.
• Exposed Stockpiles. Enclose, cover, water twice daily, or apply non -toxic
soil binders according to manufacturers' specification to exposed piles.
• Active Site Areas. Water active site areas twice daily.
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• Hauling. Cover all haul trucks hauling dirt, sand, soil, or other loose
materials or maintain two feet of freeboard.
• Adjacent Roadways. Install wheel washers where vehicles enter and exit
unpaved roads onto paved roads, or wash off trucks and any equipment
leaving the project site.
• Adjacent Roadways. Sweep streets at the end of the day if visible soil
material is carried onto adjacent public paved roads.
• Unpaved Roads and Parking/Staging Areas. Apply water three times daily or
non -toxic soil stabilizers according to manufacturers' specification to all
unpaved roads and parking or staging areas.
• Speed Limit. Limit traffic speeds on unpaved areas to 10 miles per hour.
• Disturbed Areas. When active construction ceases on the site, replace
ground cover as quickly as possible.
• Equipment maintenance. Install emission controls (cooled exhaust
recirculation, lean-NOx catalysts), tune equipment and reduce idling time.
• Equipment age. Require models newer than 1996.
• Coatings. Use VOC-free or low-VOC coatings, limit the amount of coating
and paints applied daily, or rent or purchase VOC Emission Reduction
Credits.
Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should he
adopted by such other agency.
(X) Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for
highly trained workers, make infeasible mitigation measures or
project alternatives identified in the final EIR.
Rationale for Finding
The mitigation measures shown in MM AQ-1 a are required for any construction
activity. However, given the lack of specifics regarding future construction
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activities, construction -related emissions related to Impact AQ-la would
potentially remain significant and unavoidable. Additionally, mitigation may he
required at the project level, but without having specific construction information
(i.e. location, equipment, project design, ete), specific mitigation cannot be
applied. For this reason, impacts related to ozone and PM 10/PM2.5 during
construction would be significant.
Impact AQ-lb: Operational Impacts
Implementation of the proposed project would result in emissions that exceed the
level of significance for eriteria pollutants with which San Diego County is
currently in non -attainment status (ROG, PMIO, and PM2.5). The project would
increase the density of development, replacing incompatible commercial and
industrial land uses with a more dense and compatible mix of retail, office, and
residential land uses. The amount of residents within the plan area is expected to
increase from 1,457 to 6,384 assuming 75% buildout in 2030. This would add a
considerable amount of vehicle trips and miles traveled to the project area.
Increased residents would also lead to an increase in emissions from area
sources, as a result of fossil fuel combustion for heating and cooking, consumer
products, architectural coatings, and Landscape fuel combustion.
Proposed Mitigation
MM AQ-lb: Mitigation Measures to Reduce Project Operational Emissions.
Operational emissions could be reduced by incorporating various mitigation
measures. For any future development, the applicant shall employ the following
mitigation measures to reduce operational emissions:
• Increased Energy Efficiency (20%) beyond Title 24.
• Use of electric landscaping equipment with access to outside electrical
outlets (20% of total landscaping equipment)
• Use of low- or no-ROG/VOC paints (a minimum of 40% below typical
paints).
Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
( ) Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
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changes have been adopted by such other agency or can and should be
adopted by such other agency.
(X) Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for
highly trained workers, make infeasible mitigation measures or
project alternatives identified in the final EIR.
Rationale for Finding
The project would increase the density of development, replacing incompatible
commercial and industrial land uses with a more dense and compatible rnix of
retail, office, and residential land uses. However, the potential growth associated
with the proposed Westside Specific Plan would result in greater vehicular trips
and vehicle miles traveled (VMTs) and would result in greater use of fossil fuel
combustion for heating and cooking, consumer products, architectural coatings,
and landscape fuel combustion. While specific development projects proposed at
some future date may identify additional mitigation measures to reduce
potentially significant impacts, at the plan level, mitigation measures consist of
improving energy efficiency beyond Title 24, reducing fuel use for landscaping,
and using Tess -polluting building exterior and interior paints. Ilowever, project -
generated vehicular trips and VMTs, while arguably fewer than under traditional
development patterns, would still increase indirectly over the baseline condition.
No feasible mitigation, beyond the objectives of the Westsidc Specific Plan, is
available to significantly reduce air emissions from an increase in vehicular trips
and VMTs. With implementation of mitigation measure MM-AQ-lb,
operational -related impacts related to Impact AQ-lb would be reduced but
would remain significant and unavoidable.
Impact AQ-2: Increase in Criteria Pollutants
Buildout of the proposed project would result in a net increase in emissions of
criteria pollutants that the San Diego Air Basin is currently in nonattainment or
maintenance status. The net changes in the emissions from project buildout
would exceed project -level emission thresholds established by the SDAPCD for
R(Xi, CO, PM10, and PM2.5. The project would intensify development which
will increase vehicle trips and energy consumption within the plan area.
Therefore, both area and mobile source emissions would increase.
Proposed Mitigation
MM AQ-la: Fugitive Dust and Exhaust Control Measures.
MM AQ-lb: Mitigation Measures to Reduce Project Operational Emissions.
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Considerations
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Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should he
adopted by such other agency.
(X) Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for
highly trained workers, make infeasible mitigation measures or
project alternatives identified in the final EIR.
Rationale for Finding
The project would intensify development, which would increase vehicle trips and
energy consumption within the plan area. Therefore, both area and mobile
source emissions would increase. Mitigation would be applied to reduce ROG,
CO, PMIO, and PM2.5. However, because the plan would anticipate a
population increase from 1,457 to 6,384 and an accompanying increase in vehicle
trips and VMTs, even with implementation of MM AQ-la and MM AQ-lb,
long-term impacts related to Impact AQ-2 would be significant and unavoidable.
Impact AQ-3: Heath Risk from Proximity to 1-5
Residents within the Westside area would have a risk of approximately 188 per 1
million as that level of risk corresponding to the highest predicted risk at 400 feet
from the edge of the nearest travel lane to the nearest receptor for the highest
peak traffic volume (i.e., 16,000 vehicle per hour) considered downwind (east) of
I-5. This highest risk of 188 per 1 million represents a significant health risk
impact when compared to the SDAPCI) threshold of 10 per 1 million.
Given the lack of specifics in terms of future development within the plan area, it
is impossible to perform a site -specific analysis at this point. Future projects
within the plan area would be required to perform an analysis to determine the
health risk associated with placing sensitive receptors near the freeway. Thus,
the proposed project would be required to perform a screening -level health risk
analysis. If it was determined that potential exists to exceed the 10 in 1 million
threshold, then a site -specific HRA would he required.
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Considerations
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Proposed Mitigation
MM AQ-3: Building Design Measures to Reduce Exposure of Residents to
Pollutant Emissions. Mitigation measures to reduce pollutant emissions for any
proposed new development in close proximity (i.e., within 500 feet) of I-5 shall
include:
• providing the facility with individual heating, ventilation, and air
conditioning (HVAC) systems in order to allow adequate ventilation with
windows closed;
• locating air intake systems for HVAC systems as far away from the existing
air pollution sources as possible;
• using high efficiency particulate air (IIEPA) air filters in the HVAC system
and developing a maintenance plan to ensure the filtering system is properly
maintained; and
• utilizing only fixed windows next to any existing sources of pollution;
• explore the use of vegetated berms and walls along 1-5 to help reduce
residential land use exposure to emissions from I-5. Consult with Caltrans to
determine the feasibility of installing vegetated berms/walls.
Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
Such changes or alterations arc within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
(X) Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for
highly trained workers, make infeasible mitigation measures or
project alternatives identified in the final EIR.
Rationale for Finding
Implementation of the above mitigation measures for each future development
projects within the plan area would help to reduce the health risk associated with
proximity to the roadway. However, the screening level analysis shows that the
potential exists for a significant impact due to proximity to I-5. Given the lack of
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specifics in terms of future development within the plan area, it is impossible to
perform a site -specific analysis at this point. Future projects within the plan area
would be required to perform an analysis to determine the health risk associated
with placing sensitive receptors near the freeway. Mitigation measure MM AQ-
3 would substantially reduce the health risk to sensitive receptors, but without
specific project level information, the analysis cannot determine if it would
below the SDAPCD threshold. Therefore, Impact AQ-3 is considered to he
significant and unavoidable.
Impact AQ-4: Greenhouse Gas Emissions
Implementation attic proposed project would result in a net increase in local
(iHG emissions from within the Westside area over existing conditions as more
residents and commercial and office space would result in more vehicle trips and
energy consumption within the plan area. Assuming 75% buildout in 2030, the
proposed project would result in approximate 115,760 metric tons of CO2e per
year. This would represent an approximately 49,718 metric ton per year increase
over Business As Usual (BAU) conditions. This would result in a significant
impact and mitigation measure MM AQ-4 is required.
Proposed Mitigation
MM AQ-4: Project Design Features to Reduce Project Contribution to
Climate Change. There are a number of project design features that could be
included in the proposed project that will help to reduce future GHG emissions.
Below is a list of potential design features that should be incorporated, as
feasible, into future projects to ensure consistency with adopted State-wide plans
and programs. The measures outlined below are not meant to be exhaustive, but
are meant to provide a sample list of measures that could be incorporated into
future project design.
Energy Efficiency
• Design buildings to be energy efficient.
• Install efficient lighting and lighting control systems. Site and design
building to take advantage of daylight.
• tJse trees, landscaping and sun screens on west and south exterior building
walls to reduce energy use.
• Install light colored "cool" roofs and cool pavements.
• Provide information on energy management services for large energy users.
• Install energy efficient heating and cooling systems, appliances and
equipment, and control systems.
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• Install light emitting diodes (LEDs) for traffic, street and other outdoor
lighting.
• Limit the hours of operation of outdoor lighting.
• Use solar heating, automatic covers, and efficient pumps and motors for
pools and spas.
Renewable Energy
• Install solar or wind power systems and solar hot water heaters. Educate
consumers about existing incentives.
• Install solar panels on carports and over parking areas.
• Use combined heat and power in appropriate applications.
Water Conservation and Efficiency
• Create water -efficient landscapes in accordance with City land Use Code
Chapter 18.54.
• Install water -efficient irrigation systems and devices, such as soil moisture -
based irrigation controls.
• When available, use reclaimed water for landscape irrigation in new
developments and on public property.
• Design buildings to be water -efficient. install water -efficient fixtures and
appliances.
• Use of graywater (or untreated household waste water from bathtubs,
showers, bathroom wash basins, and water from clothes washing machines).
For example, install dual plumbing in all new development allowing
graywatcr to be used for landscape irrigation.
• Restrict watering methods (e.g., prohibit systems that apply water to non -
vegetated surfaces) and control runoff.
• Restrict the use of water for cleaning outdoor surfaces and vehicles.
• Implement low -impact development practices that maintain the existing
hydrologic character of the site to manage storm water and protect the
environment. (Retaining storm water runoff on -site can drastically reduce
the need for energy -intensive imported water at the site).
• Devise a comprehensive water conservation strategy appropriate for the
project and location. The strategy may include many of the specific items
listed above, plus other innovative measures that arc appropriate to the
specific project.
• Provide education about water conservation and available programs and
incentives.
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Considerations
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Solid Waste Measures
• Reuse and recycle construction and demolition waste (including, but not
limited to, soil, vegetation, concrete, lumber, metal, and cardboard) in
accordance with City Municipal Code 15.80.
• Provide interior and exterior storage areas for recyclables and green waste
and adequate recycling containers located in public areas.
Transportation and Motor Vehicles
• Limit idling time for commercial vehicles, including delivery and
construction vehicles in accordance with City Municipal Code 1 1.34.
City Strategics: Implementation of the Westside Specific Plan and through the
General Plan update, the city may do the following:
• Incorporate low or zero -emission vehicles, including construction vehicles.
• Promote ride sharing programs e.g., by designating a certain percentage of
parking spaces for ride sharing vehicles, designating adequate passenger
loading and unloading and waiting areas for ride sharing vehicles, and
providing a web site or message board for coordinating rides.
• Create car sharing programs. Accommodations for such programs include
providing parking spaces for the car share vehicles at convenient locations
accessible by public transportation.
• Create local "light vehicle" networks, such as neighborhood electric vehicle
(NEV) systems.
• Provide the necessary facilities and infrastructure to encourage the use of low
or zero -emission vehicles (e.g., electric vehicle charging facilities and
conveniently located alternative fueling stations).
• Increase the cost of driving and parking private vehicles by, e.g., imposing
tolls and parking fees.
• Institute a low -carbon fuel vehicle incentive program,
• Work with MTS or other transit agency to provide shuttle service to public
transit.
• Work with MTS or other transit agency to provide public transit incentives
such as free or low-cost monthly transit passes.
• Partner with SANDAG to promote "least polluting" ways to connect people
and goods to their destinations.
• Incorporate bicycle lanes and routes into street systems, new subdivisions,
and large developments.
• Incorporate bicycle -friendly intersections into street design.
• Work with new commercial and multi -family projects; provide adequate
bicycle parking near building entrances to promote cyclist safety, security,
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Considerations
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and convenience. For large employers, provide facilities that encourage
bicycle commuting, including, e.g., locked bicycle storage or covered or
indoor bicycle parking.
• Create bicycle lanes and walking paths directed to the location of schools,
parks and other dcstination points.
• Work with the school district to restore or expand school bus services.
• Encourage businesses to telecommute and/or offer flexible work hours
program, provide information, training, and incentives to encourage
participation, and provide incentives for equipment purchases to allow high -
quality teleconferences.
• Provide information on all options for individuals and businesses to reduce
transportation -related emissions. Provide education and information about
public transportation.
Further, the Attorney General's Office has identified a non -exhaustive list of
measures to reduce GHG emissions at the general plan level. Through the
development of the General Plan update, the City may include such measures
that would be utilized in the Westside area that would include, but are not limited
to, the following:
• Work with new development applicants to use a higher level of efficiency
through design.
• Require that all new government buildings, and all major renovations and
additions, meet identified green building standards.
• Ensure availability of funds to support enforcement of code and permitting
requirements.
• Adopt a "Green Building Program" to require or encourage green building
practices and materials. The program could be implemented through, e.g., a
set of green building ordinances.
• Require orientation of buildings to maximize passive solar heating during
cool seasons, avoid solar heat gain during hot periods, enhance natural
ventilation, and promote effective use of daylight. Building orientation,
wiring, and plumbing should optimize and facilitate opportunities for on -site
solar generation and heating.
• Provide permitting -related and other incentives for energy efficient building
projects, e.g., by giving green projects priority in plan review, processing and
field inspection services.
• Conduct energy efficiency audits of existing buildings by checking,
repairing, and readjusting heating, ventilation, air conditioning, lighting,
water heating equipment, insulation and weatherization. Offer financial
incentives for adoption of identified efficiency measures.
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• Partner with community services agencies to fund energy efficiency projects,
including heating, ventilation, air conditioning, lighting, water heating
equipment, insulation and weatherization, for low income residents.
• Target local funds, including redevelopment and Community Development
Block Grant resources, to assist affordable housing developers in
incorporating energy efficient designs and features.
• Provide innovative, low -interest financing for energy efficiency and
alternative energy projects. For example, allow property owners to pay for
energy efficiency improvements and solar system installation through long-
term assessments on individual property tax bills.
• Fund incentives to encourage the use of energy efficient vehicles, equipment
and lighting. Provide financial incentives for adoption of identified
efficiency measures.
• Require environmentally responsible government purchasing. Require or
give preference to products that reduce or eliminate indirect greenhouse gas
emissions, e.g., by giving preference to recycled products over those made
from virgin materials.
• Require that government contractors take action to minimize greenhouse gas
emissions, e.g., by using low or zero -emission vehicles and equipment.
• Adopt a "heat island" mitigation plan that requires cool roofs, cool
pavements, and strategically placed shade trees. (Darker colored roofs,
pavement, and lack of trees may cause temperatures in urban environments
to increase by as much as 6-8 degrees Fahrenheit as compared to surrounding
areas.) Adopt a program of building permit enforcement for re -roofing to
ensure compliance with existing state building requirements for cool roofs on
non-residential buildings.
• Adopt a comprehensive water conservation strategy. The strategy may
include, but not he limited to, imposing restrictions on the time of watering,
requiring water -efficient irrigation equipment, and requiring new
construction to offset demand so that there is no net increase in water use.
Include enforcement strategies, such as citations for wasting water.
• Encourage Sweetwater Authority to adopt water conservation pricing, e.g.,
tiered rate structures, to encourage efficient water use.
• Ensure compliance with the City's adopted water -efficient landscape
ordinance, Chapter 18.54 of the Land Use Code.
• Strengthen local building codes for new construction and implement a
program to renovate existing buildings to require a higher level of water
efficiency.
• Adopt ordinances requiring energy and water efficiency upgrades as a
condition of issuing permits for renovations or additions, and on the sale of
residences and buildings.
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• Work with Sweetwater Authority to continue to provide individualized water
audits to identify conservation opportunities. Provide financial incentives for
adopting identified efficiency measures.
• Work with Sweetwater Authority to provide water audits for large landscape
accounts. Provide financial incentives for efficient irrigation controls and
other etfciency measures.
• Encourage water efficiency training and certification for irrigation designers
and installers, and property managers.
• Implement or expand city recycling and composting programs for residents
and businesses. Require commercial and industrial recycling.
■ Work with the trash collector (EDCO) to extend the types of recycling
services offered (e.g., to include food and green waste recycling).
• Implement Community Choice Aggregation (CCA) for renewable electricity
generation. (CCA allows cities and counties, or groups of them, to aggregate
the electric loads of customers within their jurisdictions for purposes of
procuring electrical services. CCA allows the community to choose what
resources will serve their loads and can significantly increase renewable
energy.)
• Preserve existing conservation areas (e.g., forested areas, agricultural lands,
wildlife habitat and corridors, wetlands, watersheds, and groundwater
recharge areas) that provide carbon sequestration benefits.
• Establish a mitigation program for development of conservation areas.
Impose mitigation fees on development of such lands and use funds
generated to protect existing, or create replacement, conservation areas.
■ Provide public education and information about options for reducing
greenhouse gas emissions through responsible purchasing, conservation, and
recycling.
In addition, it is recommended that the City develop a Climate Action Plan or
Policy. A Climate Action Plan or Policy includes a comprehensive climate
change action plan that includes: a baseline inventory of greenhouse gas
emissions from all sources; greenhouse gas emissions reduction targets and
deadlines; and enforceable greenhouse gas emissions reduction measures.
Adoption of the measures cited above when fully incorporated into the Westside
Specific Plan area will lessen GHG emissions from within the project area and
potentially achieve a reduction target of 29% below RAU, as stated in AB32. Of
particular efficacy, the requirements for energy -efficient buildings are likely to
be the largest source of GHG emissions reductions of all the measures described
above. It is also important to note that future state actions taken pursuant to AB
32 including requirements for lower carbon -content in motor vehicle fuels,
improved vehicle mileage standards (provided California is not barred due to
federal action), and an increased share of renewable energy in electricity
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
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February 2010
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generation will also serve, in time. to further reduce GHG emissions related to
this project.
Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained
workers, make infeasible mitigation measures or project alternatives
identified in the final EIR.
Rationale for Finding
As future development projects are proposed, the Westside Specific Plan would
require new development to implement measures listed in MM AQ-4 to reduce
GIIG emissions from individual projects. As future projects implement these
measures, overall GHG emissions through the life of the plan would be cut by a
substantial amount. Project -related impacts related to Impact AQ-4 would be
less than significant.
Cumulative Impact AQ-2: Cumulative Increase in
Criteria Pollutants
Buildout of the proposed project would result in a cumulatively considerable net
increase in emissions of criteria pollutants ROG, CO, PM I O, and PM2.5 for
which the SDAB is currently in nonattainmcnt or maintenance
Proposed Mitigation
MM AQ-la: Fugitive Dust and Exhaust Control Measures.
MM AQ-lb: Mitigation Measures to Reduce Project Operational Emissions.
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Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
(X) Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for
highly trained workers, make infeasible mitigation measures or
project alternatives identified in the final EIR.
Rationale for Finding
The project would intensify development, which would increase vehicle trips and
energy consumption within the plan area. Therefore, both area and mobile
source emissions would increase. Mitigation would he applied to reduce ROG,
CO, PM 10, and PM2.5. However, because the plan would anticipate a
population increase from 1,457 to 6,384 and an accompanying increase in vehicle
trips and VMTs, even with implementation of MM AQ-la and MM AQ-lb,
long-term impacts related to Cumulative Impact AQ-2 would be significant and
unavoidable. No other feasible mitigation has been identified to reduce
emissions from these sources.
Cumulative Impact AQ-4: Cumulative Greenhouse Gas
Emissions
Implementation of the proposed project would result in a nct increase in local
GHG emissions from within the Westside area over existing conditions, as more
residents and commercial and office space would result in more vehicle trips and
energy consumption within the plan area. Assuming 75% buildout in 2030, the
proposed project would result in approximate 115,760 metric tons of CO2e per
year. This would represent an approximately 49,718 metric ton per year increase
over Business As Usual (BAU) conditions. This would result in a significant
impact and mitigation measure MM AQ-3 is required. The proposed project
would contribute 43,242 metric tons of CO2e per year at buildout. While
mitigation is proposed to reduce the GHG emissions within the Westside Specific
Plan area, the project's overall contribution to this cumulative impact would be
cumulatively considerable and significant.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
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Noise
Proposed Mitigation
MM AQ-4: Project Design Features to Reduce Project Contribution to
Climate Change.
Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
(X) Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for
highly trained workers, make infeasible mitigation measures or
project alternatives identified in the final EIR.
Rationale for Finding
As future development projects are proposed, the Westside Specific Plan would
require new development to implement measures listed in MM AQ-4 to reduce
GHG emissions from individual projects. As future projects implement these
measures, overall GHG emissions through the life of the plan will be cut by a
substantial amount. Ilowever, even with the project's reduced GHG emissions,
when combined with the cumulative GHG emissions in the region and ultimately
at the global level, the project's contribution would be considered cumulatively
considerable and significant. Project -related impacts related to Cumulative
Impact AQ-4 would remain significant and unavoidable.
For a full discussion of noise impacts, see Chapter 3.3 of the Westside Specific
Plan Draft EIR and any revisions contained in Chapter 3 of the final EIR.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
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3.0 Findings Regarding Significant Effects
101111111
Impact NOI-1: Exceed a Noise Standard and Result in a
Substantial Temporary Increase in Noise Levels
(Construction)
The proposed project would not directly result in new construction within the
plan area. IIowever, construction associated with future projects proposed under
the project would create noise from activities such as ground clearing, grading,
hauling materials to the site, constructing foundations and structures, and
finishing work. The magnitude of the increases would depend on the type of
construction activity, the noise level generated by various pieces of construction
equipment, site geometry (i.e., shielding from intervening terrain or other
structures), and the distance between the noise source and receiver.
Noise levels of this magnitude would be temporary in nature and would cease
once construction was completed. The City's noise ordinance exempts
construction activities from the noise standard (providing that such activities take
place between the hours ol'7:00 a.m. and 7:00 p.m. Monday through Friday) but
limits construction noise to no more than 75 dBA at type 1 residential properties
and 85 dBA at type 2 residential/commercial properties. Construction noise
dependent on location from the closest sensitive receptor could exceed these
noise levels and would require mitigation measures to reduce noise levels to the
greatest extent practicable (mitigation measures are presented below). Ilowever,
even with the inclusion of mitigation measures, construction noise could still
exceed the City's construction thresholds.
Individual projects could occur as an indirect result of the proposed project
within the plan area, which in some cases may require demolition or construction
anew structures that would potentially result in a temporary increase in noise
levels. Dependent on location, projects could exceed the City's noise thresholds
presented in the City's Municipal Code Chapter 12.10.160 and would require
mitigation measures to reduce noise levels to the greatest extent practicable.
Ilowever, even with the inclusion of mitigation measures, construction noise
could still exceed the City's noise ordinance. Therefore, impacts are considered
potentially significant and unavoidable.
Proposed Mitigation
MM NOI-1: Implement Construction Noise Reduction Measures. Mitigation
measures MM NOI-1.1 through MM NOI-1.8 shall be implemented as applicable
to future projects proposed within the Westside Specific Plan area.
MM NOI-1.1: Equipment Sound Attenuation. All noise -producing
construction equipment and vehicles using internal combustion engines
shall be equipped with mufflers, air -inlet silencers where appropriate,
and any other shrouds, shields, or other noise -reducing features in good
operating condition that meet or exceed original factory specification.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-17
February 2010
IcrJ&s 440.De
City of National City 3.0 Findings Regarding Significant Effects
Mobile or fixed "package" equipment (e.g., arc -welders, air
compressors) shall be equipped with shrouds and noise control features
that are readily available for that type of equipment.
MM NO1-1.2. Use of Electrical Equipment. Electrically powered
equipment shall be used instead of pneumatic or internal combustion
powered equipment, where feasible.
MM NOI-1.3. Distance from Sensitive Receptors. Material stockpiles
and mobile equipment staging, parking, and maintenance areas shall be
located as far as practicable from noise -sensitive receptors.
MM NOI-1.4. Construction Traffic Speeds. Construction site and
access road speed limits shall be established and enforced during the
construction period.
MM NO1-1.5. Hours of Construction. Construction operations shall
not occur between 7:00 p.m. and 7:00 a.m. Monday through Friday, or at
any time on weekends or holidays. The hours of construction, including
noisy maintenance activities and all spoils and material transport, shall
be restricted to the periods and days permitted by the local noise or other
applicable ordinance. Noise -producing construction activity shall
comply with, or in special circumstances obtain exemptions from, local
noise control regulations affecting construction activity.
MM NOI-1.6. Use of Noise -Producing Signals. The use of noise -
producing signals, including horns, whistles, alarms, and bells, shall be
for safety warning purposes only.
MM NOI-1.7. Use of Public Address or Music Systems. No project -
related public address or Music system shall be audible at any adjacent
sensitive receptor.
MM NOI-1.8. Noise Complaint Process. The onsite construction
supervisor shall have the responsibility and authority to receive and
resolve noise complaints. A clear appeal process to the owner shall be
established prior to construction commencement that will allow for
resolution of noise problems that cannot be immediately solved by the
site supervisor.
Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-18
Fehruary 2010
ICFJ&S 440.0E
City of National City 3.0 Findings Regarding Significant Effects
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
(X) Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for
highly trained workers, make infeasible mitigation measures or
project alternatives identified in the final EIR.
Rationale for Finding
Construction noise dependent on location from the closest sensitive receptor
could exceed these noise levels and would require mitigation measures to reduce
noise levels to the greatest extent practicable. However, even with the inclusion
of mitigation measures MM NOI-1.1 through MM NOI-1.8, construction noise
could still exceed the City's construction thresholds. Therefore, Impact NOI-.l
would be considered significant and unavoidable.
Impact NOI-2: Exceed a Noise Standard (Operation)
Rail noise was calculated using the V1'A's Rail Noise Model using existing
schedules for the San Diego Metropolitan Transit System's (MTS) Blue line
Trolley schedule (San Diego MTS 2007). Based on this modeling, new
residential developments within approximately 150 feet of the rail line
experience an exterior noise level of 55 dBA Lcq or higher. This noise level
would exceed the City's thresholds for exterior noise levels. Therefore, impacts
would he potentially significant and unavoidable, and mitigation measures would
have to be included to reduce noise levels at sensitive receptors.
Proposed Mitigation
MM NOI-2: Trolley Line Noise Study. Prior to approval of final site design,
any project located within 300 feet of or with direct line of sight to the existing
MTS Trolley Line shall perform a noise study conducted by a qualified noise
consultant to determine potential impacts on noise -sensitive land uses.
Finding
The City Council of the City of National City hereby finds that:
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-19
February 2010
ICFJ&S 440 08
City of National City 3.0 Findings Regarding Significant Effects
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final E1R.
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
(X) Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for
highly trained workers, make infeasible mitigation measures or
project alternatives identified in the final EIR.
Rationale for Finding
While MM NOI-2 would require the preparation ofa noise study if a project is
within 150 feet of the rail line, there is no assurance that feasible mitigation will
be identified at the project level. Therefore, Impact NOI-2 would remain
significant and unavoidable.
Impact NOI-3: Excessive Groundborne Vibrations or
Groundborne Noise
Individual projects could occur as an indirect result of the proposed project
within the plan area, which in some cases may require demolition or construction
of new structures that would potentially result in a temporary increase in
vibration and noise levels. The City's Municipal Code Title 12 Chapter
12.10.180 sets vibration thresholds that could be exceeded as a result of future
construction or future projects.
Proposed Mitigation
MM NOI-3: Vibration Study. Prior to approval of final site design, any
project proponent that would propose driving pilings or performing an action that
could cause substantial vibrations shall perform a vibration study conducted by a
qualified vibration consultant to determine potential impacts on surrounding
vibration -sensitive land uses and identify mitigation measures as appropriate.
Finding
The City Council of the City of National City hereby finds that:
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-20
February 2010
ICFJ&S 440.08
City of National City 3.0 Findings Regarding Significant Effects
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
(X) Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for
highly trained workers, make infeasible mitigation measures or
project alternatives identified in the final EIR.
Rationale for Finding
While MM NOI-3 would require the preparation of a vibration study if a project
proposes construction with substantial vibration, there is no assurance that
feasible mitigation will be identified at the project level. Therefore, Impact
NOI-3 would remain significant and unavoidable.
Impact NOI-4: Permanent Increase in Ambient Noise
The proposed project would result in an increase to the future 65 dBA CNEL
contour on the local roadway network. Although future project design would
ensure interior noise levels do not exceed interior noise standards, portions of
sites that abut major roadways would experience significant noise at locations
adjacent to major streets. For projects that may experience substantial noise
where the project abuts streets, mitigation may be proposed at the project level.
Ilowever, at the program level, no mitigation is feasible. With the proposed
project, traffic noise would result in a substantial permanent increase in ambient
noise levels within the project vicinity and this increase would be significant.
Proposed Mitigation
MM NOI-4: Traffic Noise Study. For noise sensitive projects within 100 feet
of the centerline of Civic Center Drive and Wilson Drive, within 150 feet of the
centerline of Plaza Boulevard, within 250 feet of the centerline of National City
Boulevard, within 350 feet of Mile of Cars Way/24th Street, or within 1,200 feet
of Interstate 5, a noise study shall be prepared to determine the estimated noise
levels on -site and to identify any feasible project -level mitigation measures to
reduce noise impacts to a level less than significant.
Westsidc Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-21
February 2010
!CFAs 440.08
City of National Cihy 3.0 Findings Regarding Significant Effects
Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
(X) Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for
highly trained workers, make infeasible mitigation measures or
project alternatives identified in the final EIR.
Rationale for Finding
While MM NOI-4 would require the preparation of a traffic noise study if a
project is within a certain distance from a major roadway, there is no assurance
that feasible mitigation will be identified at the project level. Therefore, Impact
NOI-4 would remain significant and unavoidable.
Cumulative Impact NOI-1: Cumulative Construction
Noise
Construction of other related projects concurrently with nearby development
projects could cumulatively increase noise levels and adversely affect nearby
noise -sensitive uses. The proposed projects contribution to cumulative noise
impacts would be significant.
Proposed Mitigation
MM N01-1: Implement Construction Noise Reduction Measures.
MM NOI-3: Vibration Study.
Finding
The City Council of the City of National City hereby finds that:
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-22
February 2010
ICFJBS 440.C8
City of National City 3.0 Findings Regarding Significant Effects
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
(X) Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for
highly trained workers, make infeasible mitigation measures or
project alternatives identified in the final EIR.
Rationale for Finding
While MM NO1-1 would require several noise attenuation measures to reduce
construction noise and MM NOI-3 would require the preparation of a vibration
study if a project is proposing pile driving or other actions that would cause
strong vibrations, there is no assurance that MEN NOI-1 would reduce all
construction noise to less than significant or that MM NOI-3 would reduce
vibration noise to less than significant. Consequently, when construction projects
within the Westside Specific Plan are combined with cumulative projects in the
area, a cumulatively considerable impact could occur. Therefore, Cumulative
Impact NOI-1 would remain significant and unavoidable.
Traffic and Circulation
For a full discussion of traffic impacts, see Chapter 3.1 of the Westside Specific
Plan Draft EIR and any revisions contained in Chapter 3 of the final EIR.
Cumulative Impact TR-1: 1-5 Freeway Segments
A Freeway Mainline Analysis was conducted to determine if the proposed
project would contribute to a cumulatively considerable impact on I-5. Table
3.1-15 in Section 3.1 of the draft EIR contrasts the freeway segment delays in
2030 without and with the project. 'l'he analysis determined that the project
would contribute to a significant cumulative impact at the following segments:
• 1-5 north of Civic Center Drive (LOS F(2) during the AM peak hour and E
during the PM peak hour in the northbound direction and LOS F(3) in the
southbound direction during the PM peak hour).
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-23
February 2010
ICFJ&S 44O.G8
City of National City 3.0 Findings Regarding Significant Effects
• I-5 between Civic Center Drive and 24th Street (LOS F(0) northbound
direction during the AM peak hour and LOS F(1) in the southbound direction
during the PM peak hour).
• 1-5 between 24th Street and SR 54 (LOS F(0) northbound direction during
the AM peak hour and LOS F(1) in the southbound direction during the PM
peak hour).
Proposed Mitigation
No feasible mitigation was identified during the environmental analysis or in
subsequent comments on the draft E1R.
Finding
The City Council of the City of National City hereby finds that:
()
()
Changes or alterations have been required in, or incorporated into, the
project to avoid or substantially lessen the significant environmental
effect as identified in the final CIR.
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
(X) Specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for
highly trained workers, make infeasible mitigation measures or
project alternatives identified in the final EIR.
Rationale for Finding
No feasible mitigation is available for the 1-5 freeway cumulative impacts North
of Civic Center Drive, Civic Center Drive to 24th Street, and 24th Street to SR-54.
Caltrans does not have an existing impact fee program to mitigate cumulative
impacts along the 1-5 South Corridor. The City is planning to participate in a
multi -jurisdictional effort to identify options to address this cumulative impact.
however, without an existing work plan in place and a corresponding impact fee
program, fair share mitigation is not a feasible mitigation measure at this time.
The project's incremental contribution (Cumulative Impact TR-1) would he
cumulatively significant and unavoidable.
Westside Specific Plan
Findings of Fact and Statement of overriding
Considerations
3-24
February 2010
ICFJBS 44C.08
City of National City 3.0 Findings Regarding Significant Effects
Biological Resources
For a full discussion of biological impacts, see Chapter 3.5 of the Westside
Specific Plan Draft EIR and any revisions contained in Chapter 3 of the final
EIR.
Impact BIO-1: Special -Status Species
Although no special -status species were observed during the wetland delineation
and habitat assessment, potentially suitable riparian habitat is present within the
plan area for the following special -status species: Belding's savannah sparrow,
light-footed clapper rail, California least tern (foraging), and salt marsh bird's
beak.
Proposed Mitigation
MM BIO-1: Focused Surveys. Prior to the issuance of any grading, building,
or other construction permit within the proposed plan area, a habitat assessment
shall be conducted for the parcel to determine whether the potential exists for
special -status species to occur. If the habitat assessment identities potentially
suitable habitat for special -status species, a focused survey shall be conducted by
a qualified biologist to determine whether special -status species occur within the
plan area. If no species are observed or detected during focused surveys,
additional mitigation shall not be required. However, if special -status species are
observed/detected, project -specific mitigation measures shall be formulated and
required to mitigate impacts on special -status species to below a level of
significance. Coordination/consultation with the USFWS under ESA and the
CDFG under CESA shall be required for any proposed impacts on federally
listed and/or state listed species, respectively.
MM B10-3: Resource Agency Permits/Approvals. If restoration/revegetation
efforts are proposed that would result in impacts on riparian vegetation,
permits/approvals would be required from one or more of the following agencies:
USACE, CDFG, and RWQCB. Prior to implementation of individual
restoration/revegetation projects, permits/approvals shall be obtained from the
resource agencies, or documentation shall he obtained from these agencies
indicating that permits/approvals are not required.
Finding
1'he City Council of the City of National City hereby finds that:
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-25
February 2010
I(;FJBS 440.08
City of National City 3.0 Findings Regarding Significant Effects
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final b;IR.
()
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained
workers, make infeasible mitigation measures or project alternatives
identified in the final FIR.
Rationale for Finding
Implementation of mitigation measures MM BIO-1 through MM B1O-3 would
reduce impacts on special -status species to a less -than -significant level by
requiring focused surveys to determine the presence of special status species and
then by requiring consultation with the wildlife agencies to determine how best to
avoid impacts on sensitive species. These measures, combined with the Westside
Specific Plan's goal of preserving Paradise Creek, would ensure a significant
impact would not occur on special status species (Impact BIO-1).
Impact BIO-2: Nesting Bird/Raptor Habitat
The plan area provides suitable nesting habitat for birds and raptors protected
under the MBTA. Direct impacts (through loss of habitat) and indirect impacts
(through increased noise and dust during construction) on nesting birds/raptors
resulting from the implementation of specific development projects within the
proposed plan area would be considered significant.
Proposed Mitigation
MM BIO-2: Preconstruction Nesting Bird Surveys. If construction activities
occur between January 15 and August 31, a preconstruction survey (within three
days prior to construction activities) shall be conducted by a qualified biologist to
determine if active nests are present within or adjacent to the plan area proposed
for development in order to avoid the nesting activities of breeding birds/raptors.
If nesting activities within 200 feet of the proposed work area are not detected,
construction activities may proceed. If nesting activities arc confirmed,
construction activities shall he delayed within an appropriate buffer from the
active nest until the young birds have fledged and left the nest or until the nest is
no longer active as determined by a qualified biologist. The size of the
Westside Specific Plan
Findings of Fact and .Statement of Overriding
Considerations
3-26
February 2010
ICFJ8S 44C 08
City of National City 3.0 Findings Regarding Significant Fffects
appropriate buffer shall be determined by a qualified biologist, but shall be at
least 25 feet.
Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained
workers, make infeasible mitigation measures or project alternatives
identified in the final EIR.
Rationale for Finding
Implementation of the mitigation measures MM BIO-2 will reduce impacts on
nesting birds (Impact BIO-2) to a less -than -significant level by ensuring nests
are identified prior to any construction activity and then by ensuring a buffer is
established to avoid disturbing a nest.
Impact BIO-3: Natural Habitat
The plan area is primarily developed but supports some undeveloped areas, most
notably Paradise Creek, which supports southern coastal salt marsh (a riparian
habitat). The Specific Plan includes requirements that all new development be
set back from Paradise Creek in coordination with CDFG to protect against
impacts on the Creek and its associated riparian habitat. Once specific
development is proposed, the provided buffers would be reviewed by the City
and CDFG to ensure a significant impact does not occur to Paradise Creek.
Similarly, the Specific Plan also allows for restoration/revegetation efforts within
and adjacent to Paradise Creek, which have the potential to result in significant
impacts on riparian habitat. In addition, specific development projects within
other undeveloped areas of the Plan area could result in impacts on sensitive
natural communities.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-27
February 2010
ICFJ&S 443.08
City of National City 3.0 Findings Regarding Significant Effects
Proposed Mitigation
MM BIO-1: Focused Surveys.
MM BI0-2: Preconstruction Nesting Bird Surveys.
MM BIO-3: Resource Agency Permits/Approvals.
MM 1310-4: Habitat Assessment/Biology Report. During the application
process of future development projects within the Plan area, a habitat assessment
shall he conducted when warranted in areas undisturbed by prior development to
determine whether sensitive natural communities (including riparian vegetation)
are present. If the habitat assessment identifies sensitive natural communities, a
biological report shall be prepared to address impacts on sensitive natural
communities resulting from the proposed project. The report shall identify
mitigation measures to reduce all significant impacts to below a level of
significance to the greatest extent feasible. If no sensitive natural communities
are observed during the habitat assessment, additional mitigation shall not be
required.
MM BIO-5: Trail Restrictions. Trails shall be kept out of the jurisdictional
wetland areas and in areas of biological sensitivity. Biological sensitivity shall
be determined by a qualified biologist in consultation with the wildlife agencies
as appropriate. Trails shall be sensitively placed to consider biological and/or
cultural resources areas along Paradise Creek and aligned roughly perpendicular
to the length of the creek (i.e. spur trails). There interpretive areas and spur trails
shall avoid biologically sensitive areas or areas with strong potential for effective
habitat restoration and enhancement of species diversity.
MM BIO-6: Install Fencing and Signage. Permanent fencing shall he installed
at the outside edge of the riparian area. The type, placement, and height of such
fencing shall be determined in consultation with the project biologist and the
wildlife agencies. The fencing shall be designed to restrict human and domestic
animals encroachment in the adjacent habitat (including not permitting picnic
areas within sensitive resource areas). The signage shall inform people that
sensitive habitat lie beyond the fencing and entering the area is prohibited by law.
MM BIO-7: Placement of Post Construction BMPs and Discharge of Water
Runoff. All post construction structural BMPs shall be located outside the
wetland and the riparian corridor. Furthermore, all filtration and attenuation of
surface tows provided by the proposed BMPs shall occur prior to the discharge
of the flows into the riparian areas.
MM BIO-8: Lighting Restrictions. No additional lighting shall be provided
within the vicinity of both upland and wetland sensitive habitats, and where
feasible, any existing lighting within such areas shall be removed. The definition
of "vicinity" shall be determined by a qualified biologist and the determination
supported with substantial evidence.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-28
February 2010
ICI-J&S 440 08
City of National City
3.0 Findings Regarding Significant Effects
Iif1ti1 BIO-9: Attenuation of Construction Noise. In addition to implementing
MM NOI-1, future construction activities, including constriction staging areas,
shall employ methods to reduce construction noise and operational noise levels at
the edge of sensitive resources that may include temporary noise attenuation
barriers and other measures that would reduce noise levels to an acceptable level
as determined by the project biologist in consultation with CDFG.
MM BIO-10: Attenuation of Operational Noise. Excessive noise generating
sources shall be located away from the Paradise Creek riparian areas to maintain
existing ambient noise levels. "Excessive" noise sources shall he defined as
sources which exhibit noise levels in excess of 65 dBA CNEL (or 65 dBA 1-hour
Leq) at or beyond the edge of the environmentally sensitive area. Possible
examples of such sources include but are not limited to cargo delivery and pick-
up areas, HVAC systems, sirens or other warning systems, and communication
systems. If noise levels at the environmentally sensitive area are suspected of
being greater than 65 dBA Leq, a noise study shall be prepared and measures
recommended demonstrating how construction noise can be reduced.
MM BIO-11: Landscape Requirements. In areas of sensitive habitat, proposed
landscaping palettes shall consist of native and drought -tolerant plants and
vegetation. Exotic and invasive plants, as identified on the California Invasive
Plant Council's (Cal-IPC) Invasive Plant Inventory shall not be used.
Landscaping adjacent to the Paradise Creek riparian area shall be drought -
tolerant and use minimal fertilizers and pesticides. As required by MM BIO-7,
water runoff shall be directed away from the buffer area and contained and/or
treated with the development footprint .All new development shall comply with
the City's Water Efficient Landscape Ordinance, Chapter 18.54 of the Land Use
Code.
MM BIO-12: Use of Non -Reflective Glass. Development adjacent facing
Paradise Creek shall incorporate the use of non -reflective glass for window
design.
MM BIO-13: limit on Building Heights Adjacent to Paradise Creek.
Building heights within 175 feet of the outside edge of the jurisdictional riparian
habitat shall be limited to a maximum of 50 feet with stepping back of the upper
units or stories, or angling buildings to reduce the potential for excessive shading.
Measures shall be incorporated into the building design to prevent predator
perching. Buildings or components of buildings proposed morc than 175 feet
from the creek shall not be restricted to this height condition, but would meet the
height limits for the zone of 60-feet identified in the Westside Specific Plan.
MM BIO-14: Low Impact Development Water Quality and Hydrology
Measures. All subsequent development along Paradise Creek shall adhere to
low impact development (LID) criteria as defined by current storm water best
management practices which emphasize retention of rain on or near the site and
consideration of use of pervious surface treatments.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-29
February 2010
ICFJBS 440.08
City of National City 3.0 Findings Regarding Significant Effects
Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained
workers, make infeasible mitigation measures or project alternatives
identified in the final EIR.
Rationale for Finding
Impletncntation of the mitigation measures would reduce impacts on natural
habitat to a less -than -significant level by avoiding and minimizing impacts on
sensitive habitat. Implementing MM BIO-1 through MM BIO-14 would help
avoid indirect and direct impacts from future development projects. These
measures, combined with the Westside Specific Plan's goal of preserving
Paradise Creek and other habitat areas, would ensure a significant impact would
not occur on natural habitat (Impact B10-3).
Impact BIO-4: Jurisdictional Waters
The plan area is primarily developed but supports some undeveloped areas, most
notably Paradise Creek. Any potential impacts on the Creek would be regulated
by IJSACE, CDFG, and RWQCB. The Specific Plan also allows for
restoration/revegetation efforts within and adjacent to Paradise Creek, which
have the potential to result in significant impacts on jurisdictional
wetlands/waters. Prior to any efforts to restore or revegetate Paradise Creek,
consultation with USACE, CDFG, and RWQCB would be required.
Proposed Mitigation
MM BIO-1: Focused Surveys.
MM BIO-2: Preconstruction Nesting Bird Surveys.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-30
February 2010
ICFJ&S 440.06
City of National City 3.0 Findings Regarding Significant Effects
MM BIO-3: Resource Agency Permits/Approvals.
MM BIO-4: Habitat Assessment/Biology. Report.
MM BIO-5: Trail Restrictions.
MM BIO-6: Install Fencing and Signage.
MM BIO-7: Placement of Post Construction BMPs and Discharge of Water
Runoff.
MM B10-8: Lighting Restrictions.
MM B10-9: Attenuation of Construction Noise.
MM B10-10: Attenuation of Operational Noise.
MM B10-11: Landscape Requirements.
MM BIO-12: Use of Non -Reflective Glass.
MM BIO-13: Limit on Building Heights Adjacent to Paradise Creek.
MM BIO-14: Low Impact Development Water Quality and Hydrology
Measures.
Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should he
adopted by such other agency.
Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained
workers, make infeasible mitigation measures or project alternatives
identified in the final EIR.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-31
Fein -Ilan,/ 2010
ICFJ&S 440.C8
City of National City 3.0 Findings Regarding Significant Effects
Rationale for Finding
Implementation of the mitigation measures would reduce impacts on
jurisdictional waters to a less -than -significant level. Implementing MM BIO-1
through MM BIO-14 would help avoid indirect and direct impacts on
jurisdictional waters from future development projects. These measures,
combined with the Westside Specific Plan's goal of preserving Paradise Creek
and the jurisdictional wetland, would ensure a significant impact would not occur
on jurisdictional waters. Impact BIO-4 would be reduced to less than
significant.
Cultural Resources
For a full discussion of cultural resource impacts, see Chapter 3.4 of the Westside
Specific Plan Draft EIR and any revisions contained in Chapter 3 of the final
EIR.
Impact CUL-1: Historic Buildings
There arc potentially historic buildings and structures within the plan area.
Future development, as permitted under the development standards proposed in
Westside Specific Plan, would significantly impact potentially historic buildings
and structures.
Proposed Mitigation
MM CUL-1: Historic Building/Structure Evaluation. Prior to future project
approval and the issuance of any construction permit within the Westside
Specific Plan area, including but not limited to a demolition or building permit, if
research indicates that the onsite building(s) or structure(s) is 45 years or older,
the applicant shall be required to conduct an evaluation of the onsite building(s)
or structure(s) to determine if it is eligible for inclusion in the state or local
historical registers. The evaluation shall be performed by a historian or
architectural historian who meets the Secretary of Interior's Professional
Qualification Standards for Historic Preservation Professionals. 'Be
historian/architectural historian shall consult with knowledgeable local groups
(e.g. Save Our Heritage Organisation, National City Historical Society, San
Diego Historical Society, and others) and individuals, appropriate archives, and
appropriate repositories in an effort to identify the original and subsequent
owners as well as the architect and the builder to establish whether any of these
individuals played important roles in local or regional history (criterion B).
Additionally the physical characteristics and condition of the building or
structure shall be evaluated under criterion (C), and those judged to possess "the
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-32
February 2010
ICFJ&S 440.0E
City of National City 3.0 Findings Regarding Significant Effects
distinctive characteristics of a type, period, region, or method of construction"
shall be further assessed for integrity and context.
The results of the archival research and field assessment shall be documented in
an evaluation report. This report will explicitly state whether the resource is
eligible for either state or local historical registers and shall also make specific
recommendations as appropriate. The historian/architectural historian shall
complete the necessary California Department of Parks and Recreation (DPR)
site forms (minimally Primary Record and Building/Structure/Object Record;
others as required) and include as an attachment to the report. Copies of the DPR
site forms shall be submitted to the California Historical Resource Information
System via the SCIC, an auxiliary of San Diego State University.
Finding
1'he City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained
workers, make infeasible mitigation measures or project alternatives
identified in the final FIR.
Rationale for Finding
Prior to disturbing a potentially historic structure, an evaluation would be
conducted to determine if the structure is historical. Specifically, the report
would explicitly state whether the resource is eligible for either state or local
historical registers and would make specific recommendations, as appropriate, to
ensure a significant impact does not occur. Therefore, implementation of MM
CUI.-1 would ensure Impact CUL-1 is less than sigmifcant.
Impact CUL-2: Archaeological Resources
No prehistoric archaeological sites have been recorded at SCIC within the plan
area. The most extensively studied areas are in the southern and southeastern
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-33
February 2010
ICFJ&S 440.08
City of National City 3.0 Findings Regarding Significant Effects
portions along the Sweetwater River channel and in the northwestern sector
within the 32id Street Naval Base.
I-Iowever, the presence of the freshwater Paradise Creek would have been
attractive to prehistoric populations, and temporary campsites and/or resource
extraction sites would be expected near this water course. The virtual absence of
Phase I or I1 archaeological studies within the plan area is due to the fact that
relatively few of the parcels have undergone substantive development since the
implementation of CEQA. However, the absence of recorded prehistoric or
historic sites does not mean that cultural resources are not present within the plan
area.
There are no known historic archaeological resources on site; however, building
dates are unavailable for 184 parcels, and it is likely that most or all of these pre-
date 1909 (the earliest year for which a building date is given). While it is
unlikely that all 184 parcels had dwellings built on them prior to 1909, those that
did must have relied on wells or cisterns for their water supply. There were also
limited waste disposal options in the late 1800s and early 1900s; these included
privy pits and septic systems as well as trash pits or simply discarding trash in
vacant lots or canyons. When piped water and sewerage systems were brought
into these neighborhoods, the abandoned wells and cisterns were frequently used
as convenient places for trash disposal.
Current research was unable to determine exactly when municipal water and
sewer systems became available within the plan area, but it may have been as late
as the 1920s. Based on this analysis, many of the parcels within the plan area
may contain potentially significant subsurface archaeological resources.
Proposed Mitigation
MM CUL-2: Archaeological Letter Report. Prior to future project approvals
and the issuance of any construction permits including but not limited to a
grading permit, future construction projects within the Westside Specific Plan
area shall obtain a qualified archaeologist to conduct a pedestrian survey and
records search to determine the potential for the plan area containing significant
archaeological resources. A qualified archaeologist shall be a registered
professional archaeologist and possess an advanced degree in archaeology,
history, or a related discipline. The findings from the pedestrian survey and
records search shall be included in a brief archaeological letter report. The report
shall conclude if the site has a low, moderate, or high potential to contain
prehistoric and historic archaeological resources. Sites characterized with a low
potential shall not he required to perform any additional investigative work nor
implement any mitigation related to archaeological resources. Sites with a
moderate to high potential shall undergo test and evaluation to determine if
potentially significant archaeological resources are on site. If a resource is
discovered on site and is determined significant based on the evaluation, the site
shall be avoided or the qualified archaeologist shall prepare a data recovery plan
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-34
February 2010
ICFJ&S 440.08
Cihh of National City 3.0 Findings Regarding Significant Effects
and require archaeological monitoring during excavation activities, as determined
necessary. The details of the data recovery plan or mitigation monitoring shall be
tailored to the specific circumstances at the site and shall be designed to reduce
project -level impacts on archaeological resources to a level less than significant.
Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained
workers, make infeasible mitigation measures or project alternatives
identified in the final EIR.
Rationale for Finding
Prior to future project approvals and the issuance of any construction permits
including but not limited to a grading permit, an evaluation would be conducted
to determine if the project site has a low, moderate, or high potential for
containing archaeological resources. If the evaluation concludes that there is a
moderate or high potential, additional study and mitigation would be required.
Therefore, mitigation measure MM CUL-2 would reduce Impact CUL-2 to less
than significant.
Impact CUL-3: Paleontological Resources
The study area is mapped as primarily underlain by Pleistocene -age nearshore
marine deposits of the Bay Point Formation. Exceptions include the area along
Paradise Creek drainage and the low-lying area west of Coolidge Avenue and
generally north of West 17`s Street. These two areas are mapped as underlain by
modem alluvial and colluvial deposits (Kennedy and Tan 1977). Based on
previous paleontological work in the Barrio Logan and Logan Heights areas of
the City of San Diego, as well as the Las Palmas area of National City, the Bay
Point Formation in this portion of the coastal plain is considered to have a
moderate to high potential for yielding significant paleontological resources.
Specific projects that would excavate more than 10 feet deep or disturb more
6Nestside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-35
February 2010
ICFJBS 440.08
City of National City 3.0 Findings Regarding Significant Effects
than 1,000 cubic yards of matrix would be considered to have a potentially
significant adverse impact on paleontological resources.
Proposed Mitigation
MM CUL-3: Paleontological Letter Report. Prior to future project approvals
and the issuance of any construction permits including hut not limited to a
grading permit, future construction projects within the Westside Specific Plan
area proposing a cut depth greater than 10 feet and 1,000 cubic yards shall obtain
a qualified paleontologist to review the proposed construction and grading
information to determine if the project would have a moderate to high potential
of encountering paleontological resources. A qualified paleontologist shall
possess an advanced degree in geology, paleontology, or a related discipline, and
shall state his/her professional opinion in a brief paleontological letter report.
The report shall include a recommendation as to whether paleontological
mitigation monitoring shall be required and provide feasible mitigation at the
project level to ensure a significant impact on paleontological resources would
not result from future development projects proposed under the Westside
Specific Plan.
Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained
workers, make infeasible mitigation measures or project alternatives
identified in the final EIR.
Rationale for Finding
Prior to future project approvals and the issuance of any construction permits
including but not limited to a grading permit for projects that would excavate
more than 10 feet deep or disturb more than 1,000 cubic yards of soil, a qualified
paleontologist shall state his/her professional opinion in a brief paleontological
letter report. The recommendations of the report will be required as mitigation
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-36
February 2010
ICrJ&S 440.08
City of National City 3.0 Findings Regarding Significant Effects
for the project. Therefore, mitigation measure MM CUL-3 would reduce
Impact CUL-3 to less than significant.
Impact CUL-4: Human Remains
The lack of information combined with appropriate prehistoric conditions means
the possibility of unexpected human remains being present within the plan area
cannot be categorically excluded. A significant impact would occur without
mitigation.
Proposed Mitigation
MM CUL-2: Archaeological Letter Report.
Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
O
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained
workers, make infeasible mitigation measures or project alternatives
identified in the final EIR.
Rationale for Finding
Prior to future project approvals and the issuance of any construction permits
including but not limited to a grading permit, an evaluation would be conducted
to determine if the project site has a low, moderate, or high potential for
containing archaeological resources. if the evaluation concludes that there is a
moderate or high potential, additional study and mitigation would be required.
Therefore, mitigation measure KIVI CUL-2 would reduce Impact CUL-4 to less
than significant.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-37
February 2010
ICFJ&S 44C 08
City of National City 3.0 Findings Regarding .Significant Effects
Hazards and Hazardous Materials
For a full discussion of hazards and hazardous materials impacts, see Chapter 3.9
of the Westside Specific Plan Draft EIR and any revisions contained in Chapter 3
of the final EIR.
Impact HAZ-1: Create a Significant Hazard
The hazardous materials record search confirmed that historical industrial and
commercial uses in the plan area have resulted in soil and groundwater
contamination. Although existing industrial uses would be removed from the
Westside Specific Plan area over time, and new industrial uses would not be
permitted if the proposed project is approved, redevelopment of existing
contaminated sites would potentially pose a significant hazard to the public or
environment through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the environment.
Therefore, because the project would promote the redevelopment of parcels
within the plan area, several of which have been subject to contamination,
impacts from the redevelopment of such parcels would potentially result in a
significant impact during grading, trenching, and general construction.
Proposed Mitigation
MM HAZ-1: Phase I Environmental Site Assessment. Prior to future project
approvals and when there has been identified prior use of hazardous material on
site or in dose proximity or other factors are present which indicate contaminated
soils exist a Phase I Environmental Site Assessment (ESA) shall he completed
for the project site proposed for development or redevelopment within the
Westside Specific Plan boundaries. The Phase I ESA shall include a
comprehensive records search, consideration of historical information, onsite
evidence of hazardous material use, storage, or disposal, and a recommendation
as to whether a Phase II soil testing and chemical analysis is required. In
addition, the Phase 1 ESA will review the permit status of nearby husimsses to
ensure they are in compliance and would not pose a potentially significant impact
on proposed new development.
MM HAZ-2: Phase II Environmental Site Assessment. If mitigation measure
MM HAZ-1 requires a Phase 11 ESA, the Phase 11 ESA shall include, but not be
limited to the following:
• A work plan that includes the number and locations of proposed
soil/monitoring wells, sampling intervals, drilling and sampling methods,
analytical methods, sampling rationale, site geohydrology, field screening
methods, quality control/quality assurance, and reporting methods. Where
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-38
February 2010
ICF J8S 440.08
City of National City
3.0 Findings Regarding Significant Effects
appropriate, the work plan is approved by a regulatory agency such as the
DTSC, RWQCB, or County IIMD.
• A site -specific health and safety plan signed by a Certified Industrial
I Iygienist.
• Necessary permits for encroachment, boring completion, and well
installation.
• Sampling program (fieldwork) in accordance with the work plan and health
and safety plan. Fieldwork is completed under the supervision of a State of
California registered geologist.
• Ilazardous materials testing through a state -certified laboratory.
• Documentation including a description of filed procedures, boring logs/well
construction diagrams, tabulations of analytical results, cross -sections, an
evaluation of the levels and extent of contaminants found, and conclusions
and recommendations regarding the environmental condition of the site and
the need for further assessment. A remedial action plan will he developed as
determined necessary by the Principal Investigator. Contaminated
groundwater will generally he handled through the NPDES/dewatering
process.
• Disposal process including transport by a state -certified hazardous material
hauler to a state-certitied disposal or recycling facility licensed to accept and
treat the identified type of waste.
MM IIAZ-3: Compliance with Local, State, and Federal Laws and
Regulations (Phase III). In the event hazardous materials are determined to be
present, the property owner, developer, or responsible party shall be required to
contact the local CUPA or applicable regulatory agency to oversee the
remediation of the property in compliance with all applicable local, county, state,
and federal laws. The property owner, developer, or responsible party shall be
responsible for funding or securing funding for the site remediation and shall
provide proof to the City that the site contaminants have been properly removed
in compliance with all applicable laws and regulations prior to project
development.
Finding
The City Council of the City of National City hereby finds that:
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-39
February 2010
ICFJ&S 440 OR
City of National City 3.0 Findings Regarding Significant Effects
()
changes have been adopted by such other agency or can and should he
adopted by such other agency.
Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained
workers, make infeasible mitigation measures or project alternatives
identified in the final FIR.
Rationale for Finding
Implementation of mitigation measures MM IIAZ-1 through MM HATA would
ensure that any impacts from the existing presence of hazardous materials would be
avoided by remediating the site prior to construction. Therefore, Impact RAZ-I
would be less than significant.
Impact HAZ-2: Emit hazardous emissions or handle
hazardous or acutely hazardous materials, substances,
or waste within one -quarter mile of an existing or
proposed school
Proposed land uses, including the implementation of new uses that comply with
the acceptable land uses or acceptahle substitution of non -conforming land uses
(Municipal Code Section 18.108 and 18.108.100) would not permit new
industrial uses that might emit or handle hazardous or acutely hazardous
materials. However, new development allowed by the proposed project could
occur on currently contaminated sites and trigger further release of hazardous
materials by causing the lateral spread of contaminated soils or groundwater
during ground disturbance. Such spreading could impact existing schools within
the plan area.
Proposed Mitigation
MM IIAZ-l: Phase I Environmental Site Assessment.
MM HAZ-2: Phase II Environmental Site Assessment.
MM HAZ-3: Compliance with Local, State, and Federal Laws and
Regulations (Phase II).
Finding
I'he City Council of the City of National City hereby finds that:
V estside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
3-40
February 2010
ICFJ&S 440.08
City of National City 3.0 Findings Regarding Significant Effects
(X) Changes or alterations have been required in, or incorporated into,
the project to avoid or substantially lessen the significant
environmental effect as identified in the final EIR.
()
()
Such changes or alterations are within the responsibility and jurisdiction
of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be
adopted by such other agency.
Specific economic, legal, social, technological, or other considerations,
including provision of employment opportunities for highly trained
workers, make infeasible mitigation measures or project alternatives
identified in the final EIR.
Rationale for Finding
Implementation of mitigation measures MM HAZ-1 through MM HAZ-3 would
ensure that any impacts from the existing presence of hazardous materials would be
avoided by rcmediating the site prior to construction. Therefore, Impact HAZ-2
would be less than significant.
Westside Specific Plan
Findings of fact and .Statement of Overriding
Considerations
3-41
February 2010
ICFJ3S 440 08
Overview
Chapter 4
Findings on Project Alternatives
Chapter 7 of the draft EIR (with revisions in Chapter 3 of the final EIR) discusses
a reasonable range of alternatives to satisfy Section 15126.6 of the CEQA
Guidelines, which states that an "FIR shall describe a range of reasonable
alternatives to the project, or to the location of the project, which would feasibly
attain most of the basic objectives of the project but would avoid or substantially
lessen any of the significant effects of the project." As such, the alternatives
discussed within Chapter 7 meet most of the proposed project objectives and
would either avoid or reduce some of the sigiiticant effects of the proposed
project. In addition, as required by CEQA, the No Project Alternative is included
in the analysis. All four alternatives have been qualitatively analyzed at a level
that provides sufficient information about the environmental effects of each
alternative for comparative purposes and to allow for informed decision -making.
The alternatives identified for the Westside Specific Plan are:
• Alternative 1—No Project Alternative
• Alternative 2—No Mixed -Use Alternative
• Alternative 3—Reduced Buildout Alternative
• Alternative 4—Retain and Expand Industrial Uses Alternative
Alternatives considered and rejected from further comparison because they did
not meet several of the main project objectives, did not reduce a significant
environmental impact, or were infeasible, include the following:
• 'Transfer of Development Rights Alternative
• Multi -family Residential Only (No Single -Family Residential) Alternative
• Cluster Development and Increased Open Space Alternative
• Alternative Site Selection Alternative
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
4-1
February 2010
iCrJ&S 440.08
City of National City 4.0 Alternatives to the Project
CEQA Project Objectives and Section Criteria
The proposed project's objectives were developed based on the conununity
planning process described in Chapter 2, "Project Description." Objectives arc
numbered 1 through 8 for ease of reference within this chapter.
1. Preserve and enhance the residential characteristics of the Westside.
2. Allow new residential development that is compatible with the
neighborhood's traditional architecture, scale, and massing.
3. Allow new building heights up to Live stories in the MCR-2 zone.
4. Allow mixed uses that increase neighborhood activity and engagement as
well as create a living environment where people can walk for goods.
services, recreation, and transit.
5. Reduce co -location of housing with businesses that use, store, or generate
hazardous materials.
6. Buffer housing from freeway emissions and noise.
7. Reduce environmental impacts on Paradise Creek.
8. Actively enforce the City's Municipal Code Section 18.108 and 18.108.100
(Substitution of Non -Conforming Uses) as part of the development review
process for existing projects requiring permit renewals and for future
proposed projects within the Westside Specific Plan area.
Alternative 1—No Project Alternative
Evaluation of the CEQA-required No Project Alternative compares the impacts
of the proposed project against the impacts of not approving the project. Under
this alternative, any future projects within the 100-acre Westside neighborhood
would be evaluated based on the existing land uses and zones applied to the
neighborhood. As such, future development and land use improvements for the
No Project Alternative would he evaluated according to the existing Light
Manufacturing Residential (MLR), Light Manufacturing Planned Development
(ML-PD), Civic Institutional Open Space (IC -OS), and Heavy Commercial (CH)
land uses. The Open Space Reserve (OSR), Limited Commercial (CL), Civic
Institutional (IC), and three new zones not currently used by the City —
Residential Single -Family (RS-4), Mixed Use Commercial -Residential (MCR-1),
and Mixed Use Commercial -Residential (Smart Growth Center, MCR-2) would
not he implemented.
Westside Specific Plan
Findings of Fact and Statement o_(Overriding
Considerations
4-2
February 2010
ICrJds 440.C8
City of National City 4.0 Alternatives to the Project
Finding
The National City City Council hereby finds that specific economic, legal, social,
technological, or other considerations, including provision of employment
opportunities for highly trained workers, make the No Project Alternative
infeasible.
Facts in Support of Finding
When compared against the proposed project, the No Project Alternative would
result in greater environmental impacts on air quality, biological resources, and
hazards and hazardous materials. In addition, the No Project Alternative would
not meet most of the project objectives (1, 2, 3, 4, 5, 7, and 8), which include
reducing the co -location of housing with businesses that use, store, or generate
hazardous materials. For these reasons, the proposed project is preferred to the
No Project Alternative.
Alternative 2—No Mixed -Use Alternative
Finding
The No Mixed -Use Alternative considers replacing the Mixed -Use Commercial -
Residential (MCR-1) and Mixed Use Commercial -Residential (Smart Growth
Center, MCR-2) zones with Residential Single -Family (RS-4) to reduce
significant project impacts associated with air quality and traffic. The City's
non -conforming use ordinance and Paradise Creek Restoration Plan would still
apply to the plan area; and the proposed Limited Commercial (CL), Civic
Institutional (IC), and Open Space Reserve (OSR) land uses would remain
unchanged from the proposed project.
The National City City Council hereby finds that specific economic, legal, social,
technological, or other considerations, including provision of employment
opportunities for highly trained workers, make the No Mixed -Use Alternative
infeasible.
Facts in Support of the Finding
Although the No Mixed -Use Alternative would reduce impacts on air quality and
traffic, this alternative does not achieve objectives 3 or 4, which are targeted to
encourage smart growth opportunities within the Westside neighborhood by
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
4-3
February 2010
!CRASS 440.08
Cihy of National City 4.0 Alternatives to the Project
allowing building heights up to five stories in the mixed -use (MCR-2) zone;
encouraging a mix of land uses, including office and commercial, to support
neighborhood activities and walkability; and encouraging density near mass
transit. For these reasons, the proposed project is preferred to the No Mixed -Use
Alternative.
Alternative 3—Reduced Buildout Alternative
Finding
The Reduced Buildout Alternative evaluates impacts of the proposed Westside
Specific Plan using a similar land use plan, but with half the density/intensity of
development. The Reduced Buildout Alternative considers a huildout of
approximately 829 single- and multi -family residential units and 2,869 new
residents. Office and commercial development also would be reduced by half,
resulting in 334,570 square feet of office and 446,094 square feet of retail. This
alternative would reduce impacts associated with traffic, circulation, and parking;
air quality; and noise.
The National City City Council hereby fords that specific economic, legal, social,
technological, or other considerations, including provision of employment
opportunities for highly trained workers, make the Reduced Buildout Alternative
infeasible.
Facts in Support of the Finding
Although the Reduced Buildout Alternative would reduce impacts on air quality,
noise, and traffic, this alternative does not achieve objectives 3 or 4, which are
targeted to encourage smart growth opportunities within the Westside
neighborhood by allowing building heights up to five stories in the mixed -use
(MCR-2) zone; encouraging a mix of land uses, including office and commercial,
at an intensity that would support a jobs -housing balance and promote
walkability; and encouraging density near mass transit to offer alternatives to
automobile use. For these reasons, the proposed project is preferred to the No
Mixed -Use Alternative.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
4-4
February 2010
ICFJBS 44G.O8
City of National City 4.0 Alteniatioes to the Project
Alternative 4—Retain and Expand Industrial Uses
Alternative
Finding
The Retain and Expand Industrial Uses Alternative would involve a land use plan
that (1) encouraged removal of the Residential Single -Family land use
designation and RS-4 zone and (2) did not propose mixed -use residential land use
designations and the MCR-1 and MCR-2 zones. Instead, these zones would be
replaced with land uses that permit and encourage light -industrial uses, similar to
the light -industrial and automobile -related uses currently within the Westside
neighborhood. The purpose for this alternative is to avoid any co -location issues
from a neighborhood mix of residential and light -industrial uses by removing the
residential uses and replacing them with other light -industrial uses, thereby
eliminating negative impacts on residential uses caused by the light -industrial
uses and zones within the Westside neighborhood.
The National City City Council hereby finds that specific economic, legal, social,
technological, or other considerations, including provision of employment
opportunities for highly trained workers, make the Retain and Expand Industrial
Uses Alternative infeasible.
Facts in Support of the Finding
The Retain and Expand Industrial Uses Alternative would not reduce any impacts
identified for the proposed project. Moreover, this alternative does not achieve
objectives 1, 2, 3, or 4, all which emphasize residential characteristics and smart
growth. For these reasons, the proposed project is preferred over the Retain and
Expand Industrial Uses Alternative.
Environmentally Superior Alternative
The Reduced Buildout Alternative evaluates impacts of the proposed Westside
Specific Plan using a similar land use plan, but with half the density/intensity of
development. The Reduced Buildout Alternative considers a buildout of
approximately 829 single- and multi -family residential units and 2,869 new
residents. Office and commercial development also would be reduced by halt;
resulting in 334,570 square feet of office and 446,094 square feet of retail. This
alternative is considered the Environmentally Superior Alternative, and would
reduce impacts associated with traffic, circulation, and parking; air quality; and
Westside Specific flan
Findings of Fact and Statement of Overriding
Considerations
4-5
February 2010
ICFJ&S 44C.08
City of National City
4.0 Alternatives to the Project
noise. Table 4-1 provides a comparison matrix of the proposed projects impacts
in comparison to the project alternatives.
Table 4-1. Comparison of Project Alternative Impacts to Significant Proposed Project Impacts
Environmental
Analysis Issue Area
Traffic, Circulation,
and Parking
No Project
Alternative
(Alternative 1)
Reduced
Air Quality
Noise
Greater
Mixed
No Mixed -Use
Alternative
(Alternative 2)
Reduced
Reduced Buildout
Alternative -
Environmentally
Superior
Alternative
(Alternative 3)
Retain and
Expand
Industrial ilses
Alternative
(Alternative 4)
Reduced
Greater
Reduced
Reduced
Greater
Similar
Cultural Resources
Biological Resources
Similar
Greater
Similar
Reduced
Similar
Greater
Similar
Similar
Similar
Hazards and
I azardous Materials
Greater
Similar
Greater
Similar Greater
Effects Not Significant
Mixed
Similar
Similar
Summary Finding
Greater
Based on the alternatives discussion provided in the EIR and the information
above, the City Council determines that the proposed project is the only feasible
alternative that meets the project objectives listed in draft EIR (included above).
The proposed project will seek to preserve and enhance the residential
characteristics of the Westside; allow new residential development that is
compatible with the neighborhood's traditional architecture, scale, and massing;
allow new building heights up to five stories in the MCR-2 zone; allow mixed
uses that increase neighborhood activity and engagement as well as create a
living environment where people can walk for goods, services, recreation, and
transit; reduce co -location of housing with businesses that use, store, or generate
hazardous materials; buffer housing from freeway emissions and noise; and
reduce environmental impacts on Paradise Creek.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
4-6
February 2010
ICFJBS 440 08
Chapter 5
Statement of Overriding Considerations
Development under the proposed project would result in significant and
unavoidable adverse impacts on air quality and noise. Significant and
unavoidable adverse cumulative irnpacts would occur on air quality and climate
change; noise; and traffic and circulation. 'There are no feasible mitigation
measures within the responsibilities and jurisdiction of the City that would
reduce these impacts to a level of less than significant.
The final FAR has identified unavoidable significant impacts. Section I5093(b)
of the State CEQA Guidelines specifies that when the decision of the public
agency approves a project that will result in the occurrence of significant impacts
that are identified in the EIR but are not avoided or substantially lessened, the
agency must state in writing the reasons to support its action based on the
completed EIR and/or other information in the record. Accordingly, the City
adopts the following Statement of Overriding Considerations.
The City recognizes that significant and unavoidable impacts would result from
the implementation of the proposed project. flaying (1) adopted all feasible
mitigation measures; (2) rejected the alternatives to the project discussed above;
(3) recognized all significant, unavoidable irnpacts; and (4) balanced the benefits
of the proposed project against the significant and unavoidable effects, the City
finds that the benefits outweigh and override the significant unavoidable effects
for the reasons stated below.
Any one of the reasons for approval is sufficient to justify approval of the
proposed project. These reasons summarize the benefits, goals, and objectives of
the proposed project. The substantial evidence supporting the various benefits
can he found in the preceding findings and elsewhere in the Record of
Proceedings. These overriding considerations of economic, social,
environmental, and other benefits outweigh environmental costs and justify
approval of the proposed project and certification of the EIR. Implementation of
the Westside Specific Plan would further benefit the City of National City, as
follows:
Social
1. The project would result in reestablishing the Westside as a safe, healthy, and
vibrant neighborhood where people engage in community life.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
5-1
February 2010
ICrJ&S 440.08
Cih/ of National City
5.0 Statement of Overriding Considerations
2. The project would encourage single-family homes and small residential
development with supporting retail services. This would achieve the vision
of returning residential -turned -industrial properties to homes.
3. The project would allow for the future development of up to an additional
1,425 residential dwelling units.
4. 1'he project would implement Paradise Creek as an important source of
neighborhood pride and enjoyment by restoring habitat and zoning for
compatible land uses on adjacent properties.
The project would further enhance neighborhood recstablishuncnt by
reducing the number of incompatible land uses by providing guidelines for
amortization.
6. The project would allow for transforming the current Public Works Center
into a transit -oriented infill affordable housing project.
Economic
1. The project would allow for an increase in retail, commercial, and office
space, which would provide opportunities to increase sales tax revenue and
offer services to residents not currently available.
The project's proposed transit -oriented infill affordable housing project
would contain an "incubator" component that would provide training and
services that assist tenants in pursuing home ownership and higher paying
jobs.
3. The project would result in job creation during construction phases, such as
the construction of the transit -oriented infill affordable housing project.
4. The project would result in an increase in property taxes through
redevelopment of underutilized and vacant parcels and through lot
consolidation that would allow for compact residential and commercial
development.
Environmental
1. The project would result in minimizing adverse effects as the community
grows by providing strategies for amortizing uses that would no longer be
permitted with the land uses, which would be primarily auto body shops and
auto repair shops.
2. The project would establish the planning framework to improve traffic and
pedestrian circulation to enhance mobility.
3. 1'he project would enhance Paradise Creek as a public amenity and natural
resource.
4. The project would improve air quality through the discontinuance and
amortization of polluting land uses.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
5-2
February 2010
ICFJBS 440.0E
City of National City 5.0 Statement of Overriding Considerations
Other Benefits
1. The project would improve the quality of life for the residents by providing
accessible services, removing toxic uses, and enhancing the streetscape for
pedestrians.
Implementation of the Westside Specific Plan would help fulfill the goals of the
project:
1. Preserve and enhance residential characteristics of Westside.
Encourage single-family residential development that is compatible with the
neighborhood's traditional architecture, scale, and massing.
3. Limit new building heights to two and three stories within the residential,
mixed -commercial residential (MCR-1) and Limited Commercial, while
limiting the height of the mixed -use commercial (MCR-2) and the proposed
Transit Oriented Development to five stories.
4. Encourage retail and commercial uses that increase neighborhood activity
and engagement as well as create a living environment where people can
walk for goods, services, recreation, and transit.
5. Reduce co -location of housing and businesses that use, store, or generate
hazardous materials through amortization of those businesses.
6. Buffer new residential development from freeway emissions and noise.
7. Reduce impacts to Paradise Creek through development that is sensitive to
the habitat.
S. Encourage new businesses and the conversion of existing non -conforming
business to non -impactive uses that are compatible with the environment and
community goals.
9. Actively pursue partnerships to construct 200 affordable housing units
throughout the plan area and to concentrate efforts towards meeting these
affordable housing goals on parcels surrounding Paradise Creek.
10. Ensure that the open space near the creek is preserved within an open space
easement and passive and active park amenities are installed adjacent to the
natural areas of open space.
Implementation of this project would help fulfill objectives of the plan:
1. Significantly reduce potential public health threats, such as increased
incidence of cancer and respiratory diseases, associated with residents'
exposure to hazardous materials, such as those found in auto body and auto
repair shops.
2. Address the current community conflicts between residential and industrial
land uses.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
5-3
February 2010
ICFJBS 44C.J8
City of National City 5.0 Statement of Overriding Considerations
For the reasons described above, the benefits of the proposed Westside Specific
Plan, General Plan Amendment, and Rezone outweigh its unavoidable adverse
environmental effects, and consequently, the adverse environmental effects are
considered "acceptable" in accordance with Section 15093(c) of the State CEQA
Guidelines.
Westside Specific Plan
Findings of Fact and Statement of Overriding
Considerations
5-4
February 2010
ICFJBS 441.08
Exhibit "B"
Mitigation Monitoring and Reporting Program
Westside Specific Plan
Environmental Impact Report
(SCI1 #2008071092)
C«y uf National City
Exhibit R:MMRP
Table A-1. Mitigation Monitoring and Reporting Program for the Westside Specific Plan
Ivfitigation Measures
Timing and Methods
AIR QUALITY
Responsible Parties
MM AQ-la: Fugitive Dust and Exhaust Control Measures.
The SDAPCD has recently adopted a rule (Rule 55) that requires fugitive
dust control measures for construction and demolition projects. Future
development proposed within the Westside neighborhood shall be required
to employ fugitive dust control measures to reduce the amount of fugitive
dust. The selection of specific measures is left to the discretion of the
project operator. Additional measures to reduce NOx an ROC. emissions
may be needed if construction -related emissions exceed the screening level
emission thresholds (Table 3.2-9 in the DFIR). Such measures can include,
but are not be limited to, the following:
• Inactive Construction Areas. Apply non -toxic soil stabilizers
according to manufacturers' specification to all inactive construction
areas.
• Exposed Stockpiles. Enclose, cover, water twice daily, or apply non-
toxic soil binders according to manufacturers' specification to exposed
piles.
• Active Site Areas. Water active site areas twice daily.
• Ilauling. Cover all haul trucks hauling dirt, sand, soil. or other loose
materials or maintain two feet of freeboard.
• Adjacent Roadways. Install wheel washers where vehicles enter and
exit unpaved roads onto paved roads, or wash off trucks and any
equipment leaving the project site.
• Adjacent Roadways. Sweep streets at the end of the day if visible soil
material is carried onto adjacent public paved roads.
• Unpaved Roads and Parking/Staging Areas. Apply water three times
daily or non -toxic soil stabilizers according to manufacturers'
specification to all unpaved roads and parking or staging areas.
Lti _Speed Limit. Limit traffic speeds on unpaved areas to 10 miles per
Timing: During construction and ground disturbing
activities (e.g. grading)
Methods: Implement fugitive dust and exhaust
control measures during construction activities.
Verify implementation during construction and
ground disturbing by requiring reporting.
Implementation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
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Westside Specific Plan
Final Environmental Impact Report
A-1
Cant of National City
Exhibit B: MMRP
Mitigation Measures
Timing and Methods
hour.
• Disturbed Areas. When active construction ceases on the site, replace
ground cover as quickly as possible.
• Equipment maintenance. Install emission controls (cooled exhaust
recirculation, lean-NOx catalysts). tune equipment and reduce idling
time.
• Equipment age. Require models newer than 1996.
• Coatings. Use VOC-free or low-VOC coatings, limit the amount of
coating and paints applied daily, or rent or purchase VOC Emission
Reduction Credits.
MCI AQ-lb: Mitigation Measures to Reduce Project Operational
Emissions.
Operational emissions could be reduced by incorporating various mitigation
measures. Within URBEMIS, the following mitigation measures could be
implemented to reduce operational emissions:
• Increased Energy Efficiency (20%) beyond Title 24.
• Use of electric landscaping equipment with access to outside electrical
outlets (20% of total landscaping equipment)
• Use of low- or no-ROGNOC paints (a minimum of 40% below
typical paints).
Responsible Parties
Impact AQ-2 is fully mitigated by implementing MM AQ-la and MM
AQ-lb. Therefore, the heading MM AQ-2 is not used and the same timing
and methods apply as listed in MM AQ-la and MM AQ-lh.
N/A
N/A
MM AQ-3: Building Design Measures to Reduce Exposure of
Residents to Pollutant Emissions.
Mitigation measures to reduce pollutant emissions for the proposed multi-
family dwelling units in close proximity (i.e., within 500 feet) of I-5 shall
include:
• providing the facility with individual heating, ventilation, and air
conditioning (IIVAC) systems in order to allow adequate ventilation
Timing: Prior to the issuance of the building permits
(bullet 1-3); prior to the issuance of the discretionary
permit (bullet 4)
Methods: Confirm on building plans that bullets 1-3
are listed; verify installation prior to the issuance of
the occupancy permit; consult with Caltrans on bullet
4.
Implementation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent.
approved by the City, of the
Applicant, Developer, or
larffee
Westside Specific Plan
Final Environmental Impact Report
A-2
City of National City
Exhibit B: MMRP
Mitigation Measures
with windows closed;
• locating air intake systems for HVAC systems as far away from the
existing air pollution sources as possible;
• using high efficiency particulate air (HEPA) air filters in the HVAC
system and developing a maintenance plan to ensure the filtering
system is properly maintained; and utilizing only fixed windows next
to any existing sources of pollution; and
• explore the use of vegetated berms to help reduce residential land use
exposure to emissions from I-5. Consult with Caltrans to determine the
feasibility of installing vegetated berms.
MM AQ-4: Project Design Features to Reduce Project Contribution to
Climate Change. There are a number of project design features that could
be included in the proposed project that will help to reduce future GHG
emissions. Below is a list of potential design features that should be
incorporated, as feasible, into future projects to ensure consistency with
adopted State-wide plans and programs. The measures outlined below arc
not meant to be exhaustive, but are meant to provide a sample list of
measures that could be incorporated into future project design.
Energy Efficiency
• Design buildings to he energy efficient.
• Install efficient lighting and lighting control systems. Site and design
building to take advantage of daylight.
• Use trees, landscaping and sun screens on west and south exterior
building walls to reduce energy use.
• Install light colored "cool" roofs and cool pavements.
• Provide information on energy management services for large energy
users.
• Install energy efficient heating and cooling systems, appliances and
equipment, and control systems.
• Install light emitting diodes (LEDs) for traffic, street and other outdoor
lighting.
X5i?'9or ti'i.A...T`wvr_^'fYNPIC�
Westside Specific Plan
Final Environmental Impact Report
permit
Methods: The development plans will list
appropriate measures taken from MM AQ-4 prior to
the issuance of the discretionary permit. Similarly,
as appropriate the building plans will list measures as
they apply to the proposed structures. Verify
installation of specific measures listed on plans prior
to the issuance of the occupancy permit.
Timing and Methods
Responsible Parties
Project Proponent
Verification: City
Timing: Prior to the issuance of the discretionary Implementation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
A-3
C" National City
Exhibit B: MMRP
Mitigation Measures
• Limit the hours of operation of outdoor lighting.
• Use solar heating, automatic covers, and efficient pumps and motors
for pools and spas.
• Provide education on energy efficiency.
Renewable Energy
• Install solar or wind power systems and solar hot water heaters.
Educate consumers about existing incentives.
• Install solar panels on carports and over parking areas.
• Use combined heat and power in appropriate applications.
Water Conservation and Efficiency
• Create water -efficient landscapes.
• Install water -efficient irrigation systems and devices, such as soil
moisture -based irrigation controls.
• Use reclaimed water for landscape irrigation in new developments and
on public property. Install the infrastructure to deliver and use
reclaimed water.
• Design buildings to be water -efficient. Install water -efficient fixtures
and appliances.
• Use of graywater (or untreated household waste water from bathtubs,
showers, bathroom wash basins, and water from clothes washing
machines). For example, install dual plumbing in all new
development allowing graywatcr to be used for landscape irrigation.
• Restrict watering methods (e.g., prohibit systems that apply water to
non -vegetated surfaces) and control runoff.
• Restrict the use of water for cleaning outdoor surfaces and vehicles.
• Implement low -impact development practices that maintain the
existing hydrologic character of the site to manage storm water and
protect the environment. (Retaining storm water runoff on -site can
drastically reduce the need for energy -intensive imported water at the
site).
• Devise a com.rehensive water conservation strategy appropriate for
iffigtry
Westside Specific Plan
Final Environmental Impact Report
Timing and Methods
,@ e..-vi•147MSMRIFax ate. ru-:ew.�x.•
Responsible Parties
rsacac±crr.
A-4
Cuy of National City
Exhibit B: MMRP
Mitigation Measures
the project and location. The strategy may include many of the specific
items listed above, plus other innovative measures that are appropriate
to the specific project.
• Provide education about water conservation and available programs
and incentives.
Solid Waste Measures
• Reuse and recycle construction and demolition waste (including, but
not limited to, soil, vegetation, concrete, lumber, metal, and
cardboard).
• Provide interior and exterior storage areas for recyclables and green
waste and adequate recycling containers located in public areas.
• Recover by-product methane to generate electricity.
• Provide education and publicity about reducing waste and available
recycling services.
• Transportation and Motor Vehicles
• Limit idling time for commercial vehicles, including delivery and
construction vehicles.
• Use low or zero -emission vehicles, including construction vehicles.
• Promote ride sharing programs e.g., by designating a certain
percentage of parking spaces for ride sharing vehicles, designating
adequate passenger loading and unloading and waiting areas for ride
sharing vehicles, and providing a web site or message board for
coordinating rides.
• Create car sharing programs. Accommodations for such programs
include providing parking spaces for the car share vehicles at
convenient locations accessible by public transportation.
• Create local "light vehicle- networks, such as neighborhood electric
vehicle (NEV) systems.
• Provide the necessary facilities and infrastructure to encourage the use
of low or zero -emission vehicles (e.g., electric vehicle charging
facilities and conveniently located alternative fueling stations).
• Increase the cost of drivin• and .arkin_ nivate vehicles by, e.
Timing and Methods
Re.vpnnsihle Parties
Westside Specific Plan
Final Environmental Impact Report
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A-5
Crry of National City Exhibit B: MMRP
Mitigation Measures
imposing tolls and parking fees.
• Institute a low -carbon fuel vehicle incentive program.
• Provide shuttle service to public transit.
• Provide public transit incentives such as free or low-cost monthly
transit passes.
• Promote "least polluting" ways to connect people and goods to their
destinations.
• Incorporate bicycle lanes and routes into street systems, new
subdivisions, and large developments.
• Incorporate bicycle -friendly intersections into street design.
• For commercial projects, provide adequate bicycle parking near
building entrances to promote cyclist safety, security, and
convenience. For large employers, pmvidc facilities that encourage
bicycle commuting, including. c.g., locked bicycle storage or covered
or indoor bicycle parking.
• Create bicycle lanes and walking paths directed to the location of
schools, parks and other destination points.
• Work with the school district to restore or expand school bus services.
• Institute a telecommute andlor flexible work hours program. Provide
information, training, and incentives to encourage participation.
l'rovide incentives for equipment purchases to allow high -quality
teleconferences.
• Provide information on all options for individuals and businesses to
reduce transportation -related emissions. Provide education and
information about public transportation.
Further. the Attorney General's Office has identified a non -exhaustive list
of measures to reduce GHG emissions at the general plan level. While these
are intended to he incorporated at the general plan level, the City could
incorporate many of these into future development within the Specific Plan
area. These measures include, but are not limited to, the following:
• Strengthen building codes within the Westside Area for new
construction and renovation to require a higher level of energy
Westside Specific Plan
Final Environmental Impact Report
Timing and Methods
Responsible Parties
74161M- r_•,251., s rt,SINazs ac.re:-c-yam-aetrr=srrcx
A-6
Cay of National City
Exhibit B: MMRP
Mitigation Measures
Timing and Methods
efficiency.
• Require that all new government buildings, and all major renovations
and additions, meet identified green building standards.
• Ensure availability of funds to support enforcement of code and
permitting requirements.
• Adopt a "Green Building Program" to require or encourage green
building practices and materials. The program could be implemented
through, e.g., a set of green building ordinances.
• Require orientation of buildings to maximize passive solar heating
during cool seasons, avoid solar heat gain during hot periods, enhance
natural ventilation, and promote effective use of daylight. Building
orientation, wiring, and plumbing should optimize and facilitate
opportunities for on -site solar generation and heating.
• Provide permitting -related and other incentives for energy efficient
building projects, e.g.. by giving green projects priority in plan review,
processing and field inspection services.
• Conduct energy efficiency audits of existing buildings by checking,
repairing, and readjusting heating, ventilation, air conditioning,
lighting, water heating equipment, insulation and weatherization. Offer
financial incentives for adoption of identified efficiency measures.
• Partner with community services agencies to fund energy efficiency
projects, including heating, ventilation, air conditioning, lighting,
water heating equipment, insulation and weatherization, for low
income residents.
• Target local funds, including redevelopment and Community
Development Block Grant resources, to assist affordable housing
developers in incorporating energy efficient designs and features.
• Provide innovative, low -interest financing for energy efficiency and
alternative energy projects. For example, allow property owners to pay
for energy efficiency improvements and solar system installation
through long-term assessments on individual property tax bills.
• Fund incentives to encourage the use of energy efficient vehicles,
e.ui.ment and li:htin_. Provide financial incentives for adoption of
l•Uestside Specific Plan
Final Environmental Impact Report
Responsible Parties
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A-7
G.7 National City
Exhibit B: MMRP
Mitigation Measures
Timing and Methods
identified efficiency measures.
• Require environmentally responsible government purchasing. Require
or give preference to products that reduce or eliminate indirect
greenhouse gas emissions, e.g., by giving preference to recycled
products over those made from virgin materials.
• Require that government contractors take action to minimize
greenhouse gas emissions, e.g., by using low or zero -emission vehicles
and equipment.
• Adopt a "heat island" mitigation plan that requires cool roofs, cool
pavements, and strategically placed shade trees. (Darker colored
roots, pavement, and lack of trees may cause temperatures in urban
environments to increase by as much as 6-8 degrees Fahrenheit as
compared to surrounding areas.) Adopt a program of building permit
enforcement for re -roofing to ensure compliance with existing state
building requirements for cool roofs on non-residential buildings.
• Adopt a comprehensive water conservation strategy. The strategy may
include, but not be limited to, imposing restrictions on the time of
watering, requiring water -efficient irrigation equipment, and requiring
new construction to offset demand so that there is no net increase in
water use. Include enforcement strategies, such as citations for wasting
water.
• Adopt water conservation pricing, e.g., tiered rate structures, to
encourage efficient water use.
• Adopt fees structures that reflect higher costs of services for outlying
areas.
• Adopt water -efficient landscape ordinances.
• Strengthen local building codes for new construction and implement a
program to renovate existing buildings to require a higher level of
water efficiency.
• Adopt ordinances requiring energy and water efficiency upgrades as a
condition of issuing permits for renovations or additions, and on the
sale of residences and buildings.
• Provide individualized water audits to identify conservation
41114T011711
Westside Specific Plan
Final Environmental Impact Report
Responsible Parties
A-8
Cary MNational City
Exhibit B: MMRP
Mitigation Measures
Tinting and Methods
Responsible Parries
opportunities. Provide financial incentives for adopting identified
efficiency measures.
• Provide water audits for large landscape accounts. Provide financial
incentives for efficient irrigation controls and other efficiency
measures.
• Require water efficiency training and certification for irrigation
designers and installers, and property managers.
• Implement or expand city or county -wide recycling and composting
programs for residents and businesses. Require commercial and
industrial recycling.
• Extend the types of recycling services offered (e.g., to include food
and green waste recycling).
• Establish methane recovery in local landfills and wastewater treatment
plants to generate electricity.
• Implement Community Choice Aggregation (CCA) for renewable
electricity generation. (CCA allows cities and counties, or groups of
them, to aggregate the electric loads of customers within their
jurisdictions for purposes of procuring electrical services. CCA allows
the community to choose what resources will serve their loads and can
significantly increase renewable energy.)
• Preserve existing conservation areas (c.g., forested areas, agricultural
lands, wildlife habitat and corridors, wetlands, watersheds, and
groundwater recharge areas) that provide carbon sequestration
benefits.
• Establish a mitigation program for development of conservation areas.
Impose mitigation fees on development of such lands and use funds
generated to protect existing, or create replacement, conservation
areas.
• Provide public education and information about options for reducing
greenhouse gas emissions through responsible purchasing.
conservation, and recycling.
AMMIESMIIIMMEMS9iCallilltINEIMIRIMMINIVECIRLIMM
Westside Specific Plan
Final Environmental Impact Report
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A-9
City of National City
Exhibit 13: MMRP
Mitigation Measures
Timing and Methods
MM NOI-1: Implement Construction Noise Reduction Measures.
Mitigation measures MM NOI-1.1 through MM NO1-1.8 shall be
implemented as applicable to future projects proposed within the Westside
Specific Plan area.
NIM NOI-1.1: Equipment Sound Attenuation.
All noise -producing construction equipment and vehicles using internal
combustion engines shall be equipped with mufflers, air -inlet silencers
where appropriate, and any other shrouds, shields, or other noise -reducing
features in good operating condition that meet or exceed original factory
specification. Mobile or fixed "package" equipment (e.g., arc -welders, air
compressors) shall be equipped with shrouds and noise control features that
are readily availahle for that type of equipment.
MMNOI-1.2. Use of Electrical Equipment.
Electrically powered equipment shall be used instead of pneumatic or
internal combustion powered equipment, where feasible.
MIDI NOII-1.3. Distance from Sensitive Receptors.
Material stockpiles and mobile equipment staging, parking, and
maintenance areas shall be located as far as practicable from noise -sensitive
receptors.
MM NOI-1.4. Construction Traffic Speeds.
Construction site and access road speed limits shall be established and
enforced during the construction period.
MM NOI-1.5. Hours of Construction.
Construction operations shall not occur between 7:00 p.m. and 7:00 a.m.
Monday through Friday, or at any time on weekends or holidays. The
hours of construction, including noisy maintenance activities and all spoils
and material transport, shall be restricted to the periods and days permitted
by the local noise or other applicable ordinance. Noise -producing
construction activity shall comply with, or in special circumstances obtain
exemptions from, local noise control re' lations affectin_ construction
Westside Specific Plan
Final Environmental Impact Report
NOISE
Responsible Parties
Timing: Prior to approving the discretionary permit;
during construction
Methods: During development review, confirm
development plans list MM NOI-1.1 through -1.8.
During construction, require reporting to ensure
measures are employed.
Implementation:
Applicant. Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City. of the
Applicant, Developer, or
Project Proponent
Verification: City
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A-10
City tit -National City
Exhibit B: MMRP
Mitigation Measures
Timing and Methods
Responsible Parties
activity.
MM NOI-1.6. Use of Noise -Producing Signals.
The use of noise -producing signals, including horns, whistles, alarms, and
bells, shall be for safety warning purposes only.
MM NO1-1.7. Use of Public Address or Music Systems.
No project -related public address or music system shall be audible at any
adjacent sensitive receptor.
MM NOI-1.8. Noise Complaint Process.
the onsite construction supervisor shall have the responsibility and authority
to receive and resolve noise complaints. A clear appeal process to the
owner shall be established prior to construction commencement that will
allow for resolution of noise problems that cannot be immediately solved
by the site supervisor.
MM NOI-2: Trolley Line Noise Study.
Prior to approval of final site design, any project located within 300 feet of
or with direct line of sight to the existing MTS Trolley Line shall perform a
noise study conducted by a qualified noise consultant to determine potential
impacts on noise -sensitive land uses.
Timing: Prior to approval of the final site design and
issuance of the discretionary permit
Methods: Require the applicant to prepare a noise
study if within 300 feet or direct line of sight of MTS
Volley line. Require recommendations listed in the
noise report as project conditions.
Implementation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
MM NOI-3: Vibration Study.
Prior to approval of final site design, any project proponent that would
propose driving pilings or performing an action that could cause substantial
vibrations shall perform a vibration study conducted by a qualified
vibration consultant to determine potential impacts on surrounding
vibration -sensitive land uses and identify mitigation treasures as
appropriate.
Timing: Prior to approval of the final site design and
issuance of the discretionary permit
Methods: Require the applicant to prepare a
vibration study if proposing to drive pilings or
perform an action that could cause significant noise.
I Require recommendations listed in the noise report
as project conditions. Require recommendations
Westside Specific Plan
Final Environmental Impact Report
Implementation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
A-11
National City
Exhibit B: MMRP
Mitigation Measures
Timing and Methods
Responsible Parties
listed in the vibration report as project conditions.
ti111I NOI-4: Traffic Noise Study. For noise sensitive projects within 100
feet of the centerline of Civic Center Drive and Wilson Drive, within 150
feet of the centerline of Plaza Boulevard, within 250 feet of the centerline
of National Coty Boulevard, within 350 feet of Mile of Cars Way:/24th
Street, or within 1,200 feet of Interstate 5, a noise study shall be prepared to
determine the estimated noise levels on -site and to identify any feasible
project -level mitigation measures to reduce noise impacts to a level less
than significant.
Timing: Prior to the issuance of the discretionary
permit
Methods: Require a noise study if conditions in M.M
NOI-4 are met.
CULTURAL RESOURCES
Project Proponent
Verification: C:ity
Implementation:
Applicant. Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
MR't CUI; 1: Historic Building/Structure Evaluation.
Prior to future project approval and the issuance of any construction permit
within the Westside Specific Plan area, including but not limited to a
demolition or building permit, if research indicates that the onsite
building(s) or structure(s) is 45 years or older, the applicant shall be
required to conduct an evaluation of the onsite building(s) or structure(s) to
determine if it is eligible for inclusion in the state or local historical
registers. The evaluation shall be performed by a historian or architectural
historian who meets the Secretary of Interior's Professional Qualification
Standards for Historic Preservation Professionals. The
historian/architectural historian shall consult with knowledgeable local
groups (e.g. Save Our Ileritage Organisation, National City Historical
Society, San Diego 1listorical Society, and others) and individuals,
appropriate archives, and appropriate repositories in an effort to identify the
original and subsequent owners as well as the architect and the builder to
establish whether any of these individuals played important roles in local or
Timing: Prior to the issuance of the discretionary
. permit and construction permit
Methods: Require a historic building evaluation if a
building or structure onsite is 45 years or older.
Implementation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
2aArtiMIC9£91::r :r.•
Westside Specific Plan
Final Environmental Impact Report
.a. „ryo.�w0''C:2 «7}L�. .4".+�.R_S9f 6'•Qv38YS rir: R ._ ,,,S, i.`. rfPgr.M52'R
A-12
Cuy of National City
Exhibit 13: MMRP
Mitigation Measures
Timing and Methods
regional history (criterion B). Additionally the physical characteristics and
condition of the building or structure shall be evaluated under criterion (C),
and those judged to possess "the distinctive characteristics of a type, period,
region, or method of construction" shall be further assessed for integrity
and context.
The results of the archival research and field assessment shall be
documented in an evaluation report. This report will explicitly state
whether the resource is eligible for either state or local historical registers
and shall also make specific recommendations as appropriate. The
historian/architectural historian shall complete the necessary California
Department of Parks and Recreation (DPR) site forms (minimally Primary
Record and Building/Structure/Object Record; others as required) and
include as an attachment to the report. Copies of the DPR site forms shall
he submitted to the California Ilistorical Resource Information System via
the SCIC, an auxiliary of San Diego State University.
MM CUL-2: Archaeological Letter Report.
Prior to future project approvals and the issuance of any construction
permits including but not limited to a grading permit, future construction
projects within the Westside Specific Plan area shall obtain a qualified
archaeologist to conduct a pedestrian survey and records search to
determine the potential for the plan area containing significant
archaeological resources. A qualified archaeologist shall be a registered
professional archaeologist and possess an advanced degree in archaeology,
history, or a related discipline. The findings from the pedestrian survey and
records search shall be included in a brief archaeological letter report. The
report shall conclude if the site has a low, moderate, or high potential to
contain prehistoric and historic archaeological resources. Sites
characterized with a low potential shall not be required to perform any
additional investigative work nor implement any mitigation related to
archaeological resources. Sites with a moderate to high potential shall
undergo test and evaluation to determine if potentially significant
archaeological resources are on site. If a resource is discovered on site and
is determined significant based on the evaluation, the site shall be avoided
or the qualified archaeologist shall prepare a data recovery plan and require
ax
Westside Specific Plan
Final Envirortmental Impact Report
Timing: Prior to the discretionary permit and
construction permit
Methods: Require an archaeological pedestrian
survey and records starch by a qualified
archaeologist and a letter survey report summarizing
the site sensitivity as low, moderate, or high. If
moderate or high further testing will be required.
Responsible Parties
Implementation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
A-13
C.., 'National Cihij
Exhibit 13: MMRP
Mitigation Measures
archaeological monitoring during excavation activities, as determined
necessary. The details of the data recovery plan or mitigation monitoring
shall be tailored to the specific circumstances at the site and shall he
designed to reduce project -level impacts on archaeological resources to a
level less than significant.
Timing and Methods
Responsible Parties
MM CUL 3: Paleontological Letter Report.
Prior to future project approvals and the issuance of any construction
permits including but not limited to a grading permit, future construction
projects within the Westside Specific Plan area proposing a cut depth
greater than 10 feet and 1,000 cubic yards shall obtain a qualified
paleontologist to review the proposed construction and grading information
to determine if the project would have a moderate to high potential of
encountering paleontological resources. A qualified paleontologist shall
possess an advanced degree in geology, paleontology, or a related
discipline, and shall state his/her professional opinion in a brief
paleontological letter report. The report shall include a recommendation as
to whether paleontological mitigation monitoring shall be required and
provide feasible mitigation at the project level to ensure a significant impact
on paleontological resources would not result from future development
projects proposed under the Westside Specific Plan.
Timing: Prior to the discretionary permit and
construction permit
Methods: Require an archaeological pedestrian
survey and records search by a qualified
archaeologist and a letter survey report summarizing
the site sensitivity as low, moderate, or high. If
moderate or high further testing will be required.
Implementation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
I'roject Proponent
Verification: City
BIOLOGICAL RESOURCES
MM BIO-1: Focused Surveys.
Prior to the issuance of any grading, building, or other construction permit
within the proposed plan area, a habitat assessment shall be conducted for
the parcel to determine whether the potential exists for special -status
species to occur. If the habitat assessment identifies potentially suitable
habitat for special -status species, a focused survey shall be conducted by a
qualified biologist to determine whether special -status species occur within
the plan area. If no species are observed or detected during focused
surveys. additional mitigation shall not be required. However, if special -
status species are observedidetected, project -specific mitigation measures
shall he formulated and required to mitigate impacts on special -status
alai
Westside Specific Plan
Final Environmental Impact Report
Timing: I'rior to the issuance of the discretionary
permit and the issuance of any grading permit,
building permit. or other construction permit
Methods: Prepare a habitat assessment to determine
potential for special -status species to occur. If
potentially present, require a focused survey.
Implementation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
Project Proponent
-- _ ... _ :a-ss9t_e-rozraer-ry
A-14
National City
Exhibit B: MMRP
Mitigation Measures
Tinting and Methods
species to below a level of significance. Coordination/consultation with the
USFWS under ESA and the CDFG under CESA shall be required for any
proposed impacts on federally listed andior state listed species,
respectively.
MM B1O-2: Preconstruction Nesting Bird Surveys.
If construction activities occur between January 15 and August 31, a
preconstruction survey (within three days prior to construction activities)
shall be conducted by a qualified biologist to determine if active nests are
present within or adjacent to the plan area proposed for development in
order to avoid the nesting activities of breeding birds/raptors.
If nesting activities within 200 feet of the proposed work area are not
detected, construction activities may proceed. if nesting activities are
confirmed, construction activities shall be delayed within an appropriate
buffer from the active nest until the young birds have fledged and left the
nest or until the nest is no longer active as determined by a qualified
biologist. The size of the appropriate buffer shall be determined by a
qualified biologist, but shall be at least 25 feet.
Responsible Parties
Verification: City
Timing: If construction activity would occur
between January 15 and August 31, then prior to any
construction activities
Methods: Require a preconstruction survey within 3
days prior to construction activities to determine if
active nests are present.
MM BIO-3: Resource Agency Permits/Approvals.
If restorationJrevegetation efforts are proposed that would result in impacts
on riparian vegetation, permits/approvals would be required from one or
more of the following agencies: USACE, CDFG, and RWQCB. Prior to
implementation of individual restorationrevegetation projects,
permits/approvals shall be obtained from the resource agencies, or
documentation shall be obtained from these agencies indicating that
permits/approvals arc not required.
Implementation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
Timing: Prior to the approval of the construction
permits (e.g. building, grading, etc)
Methods: If impacts on riparian vegetation would
occur, require the applicant to submit an application
to USACE, CDFG, and RWQCB to initiate the
permitting process.
Implementation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
M}I I31O-4: Habitat Assessment/Biology Report.
Prior to the initiation of future development projects within the Plan area, a
habitat assessment shall be conducted when warranted in areas undisturbed
by prior development to determine whether sensitive natural communities
Tinting: Prior to the issuance of the discretionary
permit
Methods: Require a habitat assessment to identify
sensitive natural habitat. If present and the project
I Implementation:
Applicant, Developer. or
Project Proponent
MRIV,> a!tIMPVI ACPF!' A1' 2v4b9tr71T.T!w_r'7: Yr3sY .75571-7'F,a"7a.•ee�x�x�? riP..a. vie -*'Si 7 TrEPrCAcilt
Westside Specific Plan A-15
Final Environmental Impact Report
C..y , National City
Exhibit B: MMRP
Mitigation Measures
Timing and Methods
(including riparian vegetation) arc present. If the habitat assessment
identifies sensitive natural communities, a biological report shall be
prepared to address impacts on sensitive natural communities resulting
from the proposed project. The report shall identify mitigation measures to
reduce all significant impacts to below a level of significance to the greatest
extent feasible. If no sensitive natural communities are observed during the
habitat assessment, additional mitigation shall not be required.
would have a potential impact on the habitat, require
a biological report with mitigation.
MM B10-5: 'frail Restrictions.
Trails shall be kept out of the jurisdictional wetland areas and in areas of
biological sensitivity. Biological sensitivity shall be determined by a
qualified biologist in consultation with the wildlife agencies as appropriate.
Trails shall he sensitively placed to consider biological and/or cultural
resources areas along Paradise Creek and aligned roughly perpendicular to
the length of the creek (i.e. spur trails). There interpretive areas and spur
trails shall avoid biologically sensitive areas or areas with strong potential
for effective habitat restoration and enhancement of species diversity.
1 MM BIO-6: Install Fencing and Signage.
Permanent fencing shall be installed at the outside edge of the riparian area.
The type, placement, and height of such fencing shall be determined in
consultation with the project biologist and the wildlife agencies. The
fencing shall be designed to restrict human and domestic animals
encroachment in the adjacent habitat (including not permitting picnic areas
within sensitive resource areas). The signage shall inform people that
sensitive habitat lie beyond the fencing and entering the area is prohibited
by law.
Responsible Parties
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
Timing: When planning trails in biologically
sensitive areas
Methods: Apply MM BiO-5 when planning trails in
areas of biological sensitivity
Timing: As a component of the Paradise Creek
Restoration Plan; implement during the restoration
efforts
Methods: install fencing and signage to restrict
human and domestic animal encroachment into
riparian habitat.
Implementation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent.
approved by the City, of the
Applicant, Developer, or
Proj ect Proponent
Verification: City
Implementation:
Applicant, Developer, or
l'roject Proponent
Monitoring and
Reporting: Qualified agent.
approved by the City, of the
Applicant, Developer. or
Project Proponent
Verification: City
! 111I BIO-7: Placement of Post Construction BMPs and Discharge of
Water Runoff.
Timing: Prior to approving drainage plans; During
and immediately following construction activities
Implementation:
Applicant, Developer, or
Westside Specific Plan A-16
Final Environmental Impact Report
City of National City
Exhibit 13: MMRP
Mitigation Measures
Timing and Methods
Responsible Parties
All post construction structural BMPs shall be located outside the wetland
and the riparian corridor. Furthermore, all filtration and attenuation of
surface flows provided by the proposed BMPs shall occur prior to the
discharge of the flows into the riparian areas.
Methods: Confine all post construction BMPs are
located outside the wetland and riparian habitat on
the drainage plans; inspect BMPs after installation to
confirm function.
Project Proponent
Monitoring and
. Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
MM BIO-8: Lighting Restrictions.
No additional lighting shall he provided within the vicinity of both upland
and wetland sensitive habitats, and where feasible, any existing lighting
within such areas shall be removed. The definition of "vicinity" shall be
determined by a qualified biologist and the determination supported with
substantial evidence.
Timing: Prior to issuance of the discretionary permit
Methods: Require lighting locations and
specifications to be provided on the project
development plans; confirm lighting is outside the
sensitive habitat and has adequate measures to
prevent spill lighting into sensitive habitat.
Implementation:
Applicant, Developer. or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer. or
Project Proponent
Verification: City
MM BIO-9: Attenuation of Construction Noise.
In addition to implementing MM NOi-I, future construction activities,
including construction staging areas, shall employ methods to reduce
construction noise and operational noise levels at the edge of sensitive
resources that may include temporary noise attenuation barriers and other
measures that would reduce noise levels to an acceptable level as
determined by the project biologist in consultation with CDFG.
Timing: Prior to issuance of the construction permits
Methods: Require noise attenuation measures for
projects near sensitive biological resources; require
showing measures on construction plans; coordinate
with the project biologist and noise specialist to
confirm noise levels would be reduced to acceptable
levels at the edge of the sensitive habitat.
Implementation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent.
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
Westside Specific Plan
Final Environmental Impact Report
rT�.car. s ar.. 7Era
A-17
City of National City
Exhibit B: MMRP
Mitigation Measures
Timing and Methods
Responsible Parties
MM BIU-lU: Attenuation of Operational Noise.
Excessive noise generating sources shall be located away from the Paradise
Creek riparian areas to maintain existing ambient noise levels. "Excessive"
noise sources shall be defined as sources which exhibit noise levels in
excess of 65 dBA CNP.I. (or 65 dBA 1-hour Leq) at or beyond the edge of
the environmentally sensitive area. Possible examples of such sources
include but arc not limited to cargo delivery and pick-up areas, HVAC
systems. sirens or other warning systems, and communication systems. If
noise levels at the environmentally sensitive area are suspected of being
greater than 65 dBA Leq, a noise study shall be prepared to demonstrate
how the project design will comply with this mitigation measure.
Timing: Prior to the issuance of the discretionaryImplementation:
g:
; permitApplicant,
Methods: For projects in close proximity to sensitive
; biological habitat, require noise sources to he
1 identified on the development plans. Demonstrate on
the development plans and in the noise study how
operational noise levels would be 65 dBA CNEL or
less at the edge of the sensitive habitat
Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent.
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
MM B10-11: Landscape Requirements.
Proposed landscaping palettes shall consist of native and drought -tolerant
plants and vegetation. Exotic and invasive plants, as identified on the
California Invasive Plant Council's (Cal-IPC) Invasive Plant Inventory
shall not be used. Landscaping adjacent to the Paradise Creek riparian area
shall be drought -tolerant and use minimal fertilizers and pesticides. As
required by MM RiO-7, water runoff shall be directed away from the buffer
area and contained and/or treated with the development footprint .
Timing: Prior to the issuance of the discretionary
permit and construction permits; prior to the issuance
of the occupancy permit
Methods: Require development plans to list the
landscaping palette and confirm the palette is native
and drought -tolerant. After installation, confirm
planting is native and drought tolerant.
Intplerttentation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
MM B10-12: Use of Non -Reflective Glass.
Development adjacent facing Paradise Creek shall incorporate the use of
non -reflective glass for window design.
Timing: Prior to issuance of the discretionary permit
and building permit; after installation.
Methods: Require development plans to specify use
of non -reflective glass. As part of the building
inspection requirement, verify glass installed is non-
reflective.
Implementation:
' Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: City
Verification: City
IVIAMICIONSIMINNINNAMIRMINIST
bb'estside Specific Plan
Final Environmental Impact Report
A-18
City of National City
Exhibit B: MMRP
Mitigation Measures
MM BIO-13: Limit on Building Heights Adjacent to Paradise Creek.
Building heights within 175 feet of the outside edge of the jurisdictional
riparian habitat shall be limited to a maximum of 50 feet with stepping hack
of the upper stories to reduce the potential for excessive shading. Measures
shall be incorporated into the building design to prevent predator perching.
Buildings or components of buildings proposed more than 175 feet from the
creek shall not be restricted to this height condition, but would meet the
height limits for the zone of 60-feet identified in the Westside Specific
Plan.
Timing and Methods
Responsible Parties
Timing: Prior to the issuance of the discretionary
permit
Methods: Require development plans to include an
elevation of the proposed building to demonstrate
compliance with the 50-foot height limit if within
175 feet of creek.
MM BIO-14: Low Impact Development Water Quality and Hvdroloav
I Measures.
All subsequent development along Paradise Creek shall adhere to low
impact development (I ID) criteria as defined by current storm water hest
management practices which emphasize retention of rain on or near the site
and consideration of use of pervious surface treatments.
Timing: Prior to issuance of the discretionary permit
and building permit
Methods: Require development plans along paradise
creek to show LID water quality and hydrology
measures.
HAZARDS AND HAZARDOUS MATERIALS
implementation:
Applicant. Developer, or
Project lroponent
Monitoring and
Reporting: City
Verification: City
Implementation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
MM HAZ-1: Phase I Environmental Site Assessment. Prior to future
project approvals and when the subject site has had a history of hazardous
material use onsite or in close proximity, or other factors are present which
indicate contaminated soils or groundwater may exist, a Phase I
Environmental Site Assessment (ESA) shall be completed for the project
site proposed for development or redevelopment within the Westside
Specific Plan boundaries. The Phase I ESA shall include a comprehensive
records search, consideration of historical information, onsite evidence of
hazardous material use, storage. or disposal, and a recommendation as to
whether a Phase II soil testing and chemical analysis is required. In
addition, the Phase I ESA will review the permit status of nearby businesses
Timing: Prior to the issuance of the discretionary
permit and building permit
Methods: Require preparation of a Phase I ESA if a
project proposal meets the conditions of MM HA7-1.
Implementation:
Applicant, Developer, or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer. or
Project Proponent
WArL .r..ASY>ILIMMIROM.b. Yn'.r7fIlflferJaInnt11N54,. r7.',4bSGA4`T�','[ Lt.••c'•S�:'"F r"!-n-..3?c7r"R-,!., 7?WY`7.zE X1[47MMVPL?711te. *-3
Westside Specific Plan
Final Environmental impact Report
A-19
Cuy ujNational City
Exhibit B: MMRP
Mitigation Measures
Timing and Methods
Responsible Parties
to ensure they are in compliance and would not pose a potentially
significant impact on proposed new development.
Verification: City
MM HAZ-2: Phase 1I Environmental Site Assessment.
If mitigation measure MM RAZ-1 requires a Phase II ESA, the Phase II
ESA shall include, but not be limited to the following:
• A work plan that includes the number and locations of proposed
soil/monitoring wells, sampling intervals, drilling and sampling
methods, analytical methods, sampling rationale, site geohydrology,
field screening methods, quality control/quality assurance, and
reporting methods. Where appropriate, the work plan is approved by a
regulatory agency such as the DTSC, RWQCB, or County HMD.
• A site -specific health and safety plan signed by a Certified Industrial
Hygienist.
• Necessary permits for encroachment, boring completion, and well
installation.
• Sampling program (fieldwork) in accordance with the work plan and
health and safety plan. Fieldwork is completed under the supervision
of a State of California registered geologist.
• I lazardous materials testing through a state -certified laboratory.
• Documentation including a description of filed procedures, boring
logs/well construction diagrams, tabulations of analytical results,
cross -sections, an evaluation of the levels and extent of contaminants
found, and conclusions and recommendations regarding the
environmental condition of the site and the need for further
assessment. A remedial action plan will be developed as determined
necessary by the Principal Investigator. Contaminated groundwater
will generally be handled through the NPDES/dewatering process.
• Disposal process including transport by a state -certified hazardous
material hauler to a state -certified disposal or recycling facility
licensed to accept and treat the identified type of waste.
Timing: Prior to the issuance of the discretionary
permit and building permit
Methods: Based on recommendations of the Phase I
ESA from MM HAZ-1, require preparation of Phase
II ESA as detailed in MM HAZ-2.
Implementation:
Applicant, Developer. or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
MM IIAZ-3: Compliance with Local, State, and Federal Laws and
Timing: Prior to issuance of the construction permit Implementation:
Westside Specific Plan A-20
Final Environmental Itnpact Report
City of National City
Exhibit B: MMRP
Mitigation Measures
Regulations (Phase III).
In the event hazardous materials are determined to be present, the property
owner, developer, or responsible party shall be required to contact the local
CUPA or applicable regulatory agency to oversee the remediation of the
property in compliance with all applicable local, county, state, and federal
laws. The property owner, developer, or responsible party shall be
responsible for funding or securing funding for the site remediation and
shall provide proof to the City that the site contaminants have been properly
removed in compliance with all applicable laws and regulations prior to
Lproject development.
Timing and Methods
Responsible Parties
Methods: Based on the results of the Phase 11
conducted pursuant to MM HAZ-2, require the
applicant to contact the local CUPA or applicable
!regulatory agency to initiate remediation.
Applicant. Developer. or
Project Proponent
Monitoring and
Reporting: Qualified agent,
approved by the City, of the
Applicant, Developer, or
Project Proponent
Verification: City
Wcstsidc Specific Plan
Final Environmental Impact Report
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A-21