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RES-2012-030 RESOLUTION NO. 2012- 030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2011- 00344 AND ADOPTING FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING PLAN NO. 303 FOR THE HONDA CENTER ENHANCEMENT PROJECT. (DEV2011- 00099) WHEREAS, in June 1990, the Anaheim City Council approved documents, including certification of Final Environmental Impact Report No. 299 ( "Final EIR No. 299 "), which was approved for and in conjunction with the construction of the Anaheim Arena in 1993; and WHEREAS, in 2003, the City approved and entered into its current Facility Management Agreement with Anaheim Arena Management, LLC ( "AAM ") and, in 2006, Honda Motor Company became the title sponsor and the arena name was changed to Honda Center; and WHEREAS, Honda Center was originally designed and constructed to be home to two professional sports franchises, and the City and its facility management partners have worked throughout the years to bring a second professional sports franchise to Honda Center; and WHEREAS, Final EIR No. 299 analyzed up to 162 events per year for the Anaheim Arena; Honda Center currently averages up to 153 events per year with average attendance at an event of 11,264 attendees; and WHEREAS, the maximum number of events held in any one year at Honda Center, during the past five years, was 162 events held in 2008; and WHEREAS, the City and AAM desire to increase the maximum number of events by 60 from the previous high of 162 events for a total of 222 events per year, which would increase these average number events from three events per week to four events per week. The purpose of the additional events would be to accommodate a second professional sports franchise at Honda Center without reducing the number of events currently held at the facility. The proposed increase in events would not result in a change in the Honda Center's maximum seating capacity of 18,900; and WHEREAS, AAM has submitted plans to the City for minor improvements on the south side of the existing facility including an approximate 5,846 square foot restaurant to serve event attendees, a 5,846 square foot team store and a 9,114 square feet open area on the Main Level (Level 200); and, above the main level improvements, a 9,518 square feet restaurant to serve event attendees and a 12,436 square foot outdoor terrace on the Club Level (Level 300). Other proposed improvements to the interior of the building include locker room, office space, bunker suite and balcony suite renovations; electrical upgrades and an increase in the capacity of the loading dock. None of the proposed improvements would increase the maximum seating capacity of the existing arena; however, the improvements would result in the loss of approximately 15 -20 parking spaces; and WHEREAS, the City of Anaheim Planning Director on behalf of the Executive Director of City of Anaheim Department of Sports, Entertainment, and Convention, initiated a request pursuant to Section 18.76.030 of the Anaheim Municipal Code to reclassify approximately 22.5 acrgs utilized as the Honda Center's eastern parking lots from the T (PTMU) (Transition; Platinum Triangle Mixed Use (PTMU) Overlay) Zone to the PR (PTMU) (Public Recreational; Platinum Triangle Mixed Use (PTMU) Overlay) Zone; and WHEREAS, the aforementioned increase in events, minor improvements and zone reclassification are collectively referred to herein as the "Honda Center Enhancement Project"; and WHEREAS, the City is the lead agency for the preparation and consideration of environmental documents for the Honda Center Enhancement Project, as defined in the California Environmental Quality Act of 1970, as amended ( "CEQA "), and the State of California Guidelines for Implementation of the California Environmental Quality Act (the "CEQA Guidelines "); and WHEREAS, the City submitted a Notice of Preparation ( "NOP ") for preparation of a Draft Environmental Impact Report for the Honda Center Enhancement Project ( "Draft EIR No. 2011 - 00344 ") on September 2, 2011 for a 30 -day review; the scoping period identified in the NOP was from September 2, 2011 until October 4, 2011; and WHEREAS, interested parties were invited to attend a public scoping meeting held on September 2, 2011, at Anaheim City Hall, City Council Chamber, 200 South Anaheim Boulevard, Anaheim, California 92805. The purpose of the scoping meeting was to provide members of the public with an opportunity to learn about the project, ask questions, and provide comments about the scope and content of the information addressed in the Draft EIR; and WHEREAS, on January 6, 2012, Draft EIR No. 2011 -00344 was sent to the State Clearinghouse, State and local agencies, special districts, public libraries and other known interested parties, and was made available to the general public, thereby commencing a 45 -day period, from January 6, 2012 until February 21, 2012, for public review and comment on Draft EIR No. 2011 -00344 in accordance with the requirements of CEQA and the CEQA Guidelines; and WHEREAS, the City has evaluated the comments received from the public agencies and persons who reviewed said Draft EIR and has prepared, or caused to be prepared, responses to the comments received during the public review period; and -2- WHEREAS, in conformance with Sections 15132 and 15362(b) of the CEQA Guidelines, Final Environmental Impact Report No. 2011 -00344 ( "Final EIR No. 2011- 00344 ") shall consist of Draft EIR No. 2011- 00344; the comments and recommendations received on Draft EIR No. 2011 -00344 either verbatim or in summary; a list of persons, organizations and public agencies that submitted comments on Draft EIR No. 2011- 00344; the responses of the City, as Lead Agency, to significant points raised in the review and consultation process; and the Findings of Fact and Statement of Overriding Considerations and Mitigation Monitoring Plan No. 303 prepared for the Honda Center Enhancement Project. A complete copy of Final EIR No. 2011 -00344 is on file and can be viewed in the Anaheim Planning Department and on the City of Anaheim Planning Department's website at www.anaheim.net /planning (click on the link to "Planning and Zoning" followed by the link to "Current Environmental Documents "). The document listed on the webpage and identified as "The Honda Center Enhancement Project "; and WHEREAS, on February 13, 2012, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission ") did hold a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against Draft EIR No. 2011 -00344 and to investigate and make findings in connection therewith; and WHEREAS, at said public hearing, the Planning Commission did receive evidence and reports concerning the contents and sufficiency of Draft EIR No. 2011- 00344; and WHEREAS, the Planning Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. 2012 -010 recommending that the Anaheim City Council certify Final EIR No. 2011- 00344; and WHEREAS, on April 3, 2012, the City Council did conduct a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against Final EIR No. 2011 -00344 and to investigate and make findings in connection therewith; and WHEREAS, based upon the evidence and reports received at said public hearing, and upon the studies and investigation made by itself and in its behalf, the City Council finds and determines as follows: That Final EIR No. 2011 -00344 has been presented to and independently reviewed and considered by the City Council. That Final EIR No. 2011 -00344 reflects the independent judgment and analysis of the City Council. That Final EIR No. 2011 -00344 has been processed and completed in compliance with the requirements of CEQA, and all applicable CEQA Guidelines. -3- WHEREAS, in conformance with the requirements of CEQA and the CEQA Guidelines, the City has prepared, or caused to be prepared, the (i) Honda Center Enhancement Project Environmental Impact Report Findings of Fact and Statement of Overriding Considerations, relating to Final EIR No. 2011- 00344, which is attached hereto as Exhibit "A" and incorporated herein by this reference as though set forth in full, and (ii) Honda Center Enhancement Project Environmental Impact Report Mitigation Monitoring Plan No. 303, which is attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full; and WHEREAS, to the extent authorized by law, the City desires and intends to use the Final EIR No. 2011 -00344 as the environmental documentation required by CEQA and the CEQA Guidelines for the Honda Center Enhancement Project. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby certifies Final EIR No. 2011 -00344 and adopts the Honda Center Enhancement Project Environmental Impact Report Findings of Fact and Statement of Overriding Considerations, which is attached hereto as Exhibit "A" and incorporated herein by reference. BE IT FURTHER RESOLVED, that the City Council hereby finds and determines that Final EIR No. 2011 -00344 has been presented to and independently reviewed and considered by the City Council, reflects the independent judgment and analysis of the City Council, has been processed and completed in compliance with the requirements of CEQA and the CEQA Guidelines, and is adequate to serve as the environmental documentation for the Honda Center Enhancement Project and all related discretionary actions. BE IT FURTHER RESOLVED, in conformance with the requirements of CEQA and the CEQA Guidelines, the City Council hereby adopts the Honda Center Enhancement Project Environmental Impact Report Mitigation Monitoring Plan No. 303, which is attached hereto as Exhibit `B" and incorporated herein by reference. -4- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 3nj day of April , 2012, by the following roll call vote: AYES: Mayor Tait, Council Members Galloway, Sidhu, Eastman and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: M YOR OF THE CI Y OF ANAHEIM ATTEST: Aek ip ALI 0 . .40A4Ch■AIP CITY CLERK OF THE CITY OF A ' HEIM 88926.v1 /MGordon -5- EXHIBIT A 1 2 (To be attached behind this page) 3 4 5 6 7 8 9 10 11 w 12 Z M • w • H -z 13 a�F, 14 z � � UQ -J0LZ3` =o''-71-4-E- 1 5 _¢Cx 1J • Z w w 16 lL o N 17 18 19 20 21 22 23 24 25 26 27 28 20 EXHIBIT A HONDA CENTER ENHANCEMENT PROJECT ENVIRONMENTAL IMPACT REPORT NO. 344 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS et) prepared for: CITY OF ANAHEIM Contact: Susan Kim, AICP Senior Planner prepared by: THE PLANNING CENTERIDC &E Contact: William Halligan, Esq. Vice President, Environmental Services MARCH 2012 This page intentionally left blank. Table of Contents SECTION PAGE 1. INTRODUCTION AND SUMMARY 1 -1 1.1 Findings of Fact and Statement of Overriding Considerations 1 -1 1.2 Environmental Review Process 1 -2 1.3 Project Summary 1 -4 1.4 Document FOrmat 1 -4 2. FINDINGS ON PROJECT ALTERNATIVES 2 -1 2.1 Alternatives Considered and Rejected During the Scoping /Project Planning Process 2 -1 2.1.1 Alternative Sites 2 -1 2.2 Alternatives Selected for Analysis 2 -2 2.2.1 No Project/Existing Land Use Alternative 2 -3 2.2.2 No Enhancements with New Honda Center Events Alternative 2 -3 2.2.3 Additional Traffic Improvements Alternative 2 -4 3. FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS 3 -1 3.1 AIR QUALITY 3 -1 3.2 GREENHOUSE GAS EMISSIONS 3 -2 3.3 Land Use and Planning 3 -4 3.4 NOISE 3 -4 3.5 TRANSPORTATION AND TRAFFIC 3 -7 3.6 UTILITIES AND SERVICE SYSTEMS 3 -14 4. STATEMENT OF OVERRIDING CONSIDERATIONS 4 -1 �� 4.1 Significant and Unavoidable Adverse Impacts 4 -1 et) 4.2 CONSIDERATIONS IN SUPPORT OF THE STATEMENT OF OVERRIDING CONSIDERATIONS 4 -6 5. REFERENCES 10 5.1 REFERENCES Error! Bookmark not defined. 5.2 WEBSITES 14 5.3 MODELS 17 5.4 PERSONAL COMMUNICATION 17 EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page i Table of Contents This page intentionally left blank. rkg EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page ii 1.0 INTRODUCTION AND SUMMARY The California Environmental Quality Act (CEQA) requires that a number of written findings be made by the Lead Agency in connection with certification of an environmental impact report (EIR) prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. This document provides the findings required by CEQA and the specific reasons for considering the project acceptable even though the project has significant impacts that are infeasible to mitigate. 1.1 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS The City of Anaheim, as Lead Agency, is required under CEQA to make written findings concerning each alternative and each significant environmental impact identified in the Draft Environmental Impact Report (DEIR) and Final Environmental Impact Report (FEIR). Specifically, regarding findings, Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 1 -1 1. Introduction and Summary (e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. The "changes or alterations" referred to in Section 15091(a)(1) may include a wide variety of measures or actions as set forth in Guidelines Section 15370, including: (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. Regarding a Statement of Overriding Considerations, Guidelines Section 15093 provides: (a) CEQA requires the decision - making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and /or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. 1.2 ENVIRONMENTAL REVIEW PROCESS In conformance with CEQA, the State CEQA Guidelines and the City of Anaheim CEQA Guidelines, the City of Anaheim conducted an extensive environmental review of the proposed project. The environmental review process has included: • Completion of an Initial Study by the City of Anaheim, which concluded that a "Project EIR" should be prepared, and the Notice of Preparation (NOP), which was released for a 30 -day public EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 1 -2 1. Introduction and Summary review period from September 2, 2011 to October 4, 2011. Section 2.4 of the DEIR describes the issues identified for analysis in the DEIR through the Initial Study, NOP, and public scoping process. • Completion of a scoping process in which the public and public agencies were invited by the City of Anaheim to participate. The scoping meeting for the DEIR was held on September 21, 2011. • Preparation of a Draft EIR by the City of Anaheim, which was made available for a 45 -day public review period from January 6, 2012 to February 21, 2012. The Draft EIR consisted of two volumes. Volume I contains the text of the Draft EIR. Volume II contains the Appendices, including the NOP and Initial Study, responses to the NOP, an air quality and greenhouse gas emissions technical study, a noise technical study, and a traffic study. Notice of the availability of the Draft EIR was sent to interested persons and organizations: it was also published in one newspaper of general circulation, and was posted at the Office of the Clerk of Orange County. • Preparation of a Final EIR, including the Responses to Comments, the Findings of Fact, and the Statement of Overriding Consideration on the Draft EIR. The Final EIR/Response to Comments contains: comments on the Draft EIR; responses to those comments; revisions to the Draft EIR; and appended documents, including the Mitigation Monitoring Program No. 303 which includes the measures set forth in Draft EIR No. 344, as modified to reflect changes described in the Response to Comments. • Public hearings on the proposed project, including a Planning Commission hearing on February 13, 2012 and a City Council Hearing on April 3, 2012. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 1 -3 1. Introduction and Summary 1.3 PROJECT SUMMARY The proposed project includes an increase in the number of annual events at Honda Center through the addition of another permanent tenant, as well as other permanent improvements described below. The 1990 Environmental Impact Report (EIR) for Honda Center (formerly Arrowhead Pond) analyzed up to 162 events per year. Honda Center currently averages up to 153 events per year with average attendance at an event of up to 11,264 people. The maximum number of events, in any one year, over the last five years was 162 events in 2008. The proposed project seeks to increase the maximum number of events by 60 from the previous high of 162 events for a total of 222 events per year. Currently, there are on average three events per week at Honda Center, and the proposed project would result in four events per week on average. The purpose of the additional events would be to accommodate a second professional sports franchise at Honda Center without reducing the number of events currently held at the Honda Center. The Honda Center has a maximum seating capacity of 18,900, and the proposed project would not result in a change in the maximum seating capacity of current events. In addition to an increase in the number of annual events at Honda Center, the proposed project would involve other minor improvements on the south side' of the existing facility including an approximate 5,846 square foot restaurant to serve event attendees, a 5,846 square foot team store and a 9,114 square feet open area on the Main Level (Level 200); and above the main level improvements, a 9,518 square feet restaurant to serve event attendees and a 12,436 square foot outdoor terrace on the Club Level (Level 300). Other interior improvements include locker room, office space, bunker suite and balcony suite renovations; electrical upgrades and an increase in the capacity of the loading dock. The Level 200 elevations would have a height of 17 feet 9 inches. The Level 300 at roofline would have a height of 18 feet for a total overall height of 35 feet nine inches. None of the proposed improvements would increase the permanent seating capacity of the existing arena; however, the improvements would result in the loss of approximately 15 -20 parking spaces. The proposed project includes a zone reclassification for a portion of the project site from the Transition (T) Zone/Platinum Triangle Mixed Use (PTMU) Overlay Zone to the Public Recreational (PR) Zone/PTMU Overlay Zone, consistent with the zoning for the remainder of the project site. Additional implementation measures include, but are not limited to, building permits to allow the improvements listed above and agreements between the City of Anaheim and OCFCD and between the City of Anaheim and AAM. 1.4 DOCUMENT FORMAT This document summarizes the significant environmental impacts of the project, describes how these impacts are to be mitigated, and discusses various alternatives to the proposed project, which were developed in an effort to reduce the remaining significant environmental impacts. All impacts are considered potentially significant prior to mitigation unless otherwise stated in the findings. This document is divided into five sections: Section 1.0 — Introduction and Summary provides the CEQA requirements for the Findings of Fact and Statement of Overriding Considerations, the environmental review process undertaken to date, a summary description of the proposed project, and a description of the contents of this document. Section 2.0 — Findings on the Project Alternatives presents alternatives to the project considered in the Draft EIR and evaluates them in relation to the findings set forth in Section 15091(a)(3) of the State CEQA Guidelines, which 1 Please note a previous proposal located the proposed improvements on the east side of the existing Honda Center. They have since been relocated to the south side facing Katella Avenue. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 1 -4 1. Introduction and Summary allows a public agency to approve a project that would result in one or more significant environmental effects if the project alternatives are found to be infeasible because of the specific economic, social, or other considerations. Section 3.0 — Findings on Potentially Significant Impacts presents significant impacts of the proposed project that were identified in the Draft/Final SEIR, the mitigation measures identified in the Mitigation Monitoring Program No. 106C (dated October 2010), the findings for the impacts, and the rationales for the findings. Section 4.0 — Statement of Overriding Considerations presents the overriding considerations for significant impacts related to the project that cannot be or have not been mitigated or resolved. These considerations are required under Section 15093 of the State CEQA Guidelines, which require decision makers to balance the benefits of a proposed project against its unavoidable environmental risk in determining whether to approve the project. Section 5.0 — References identifies all references cited in this document. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 1 -5 1. Introduction and Summary This page intentionally left blank. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 1 -6 2.0 FINDINGS ON PROJECT ALTERNATIVES The following discussion is intended to provide a summary of the alternatives analyzed or considered and rejected in the Honda Center Enhancement Project Draft EIR. These include the Alternative Sites Alternative, No Project/Existing Land Use Alternative, No Enhancements with New Honda Center Events Alternative, and Additional Traffic Improvements Alternative. 2.1 ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING /PROJECT PLANNING PROCESS The following is a discussion of the land use alternatives considered during the scoping and planning process and the reasons why they were not selected for detailed analysis in the Draft EIR (DEIR). Alternative Sites CEQA requires that the discussion of alternatives focus on alternatives to the project or its location that are capable of avoiding or substantially lessening any significant effects of the project. The key question and first step in the analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR (Guidelines Sec. 15126.6[f][2][A]). In general, any development of the size and type proposed by the project would have substantially the same impacts on air quality, land use and planning, noise, population and housing, public services, recreation, transportation and traffic, and utilities and service systems. Without a site specific analysis, impacts on aesthetics, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, and mineral resources cannot be evaluated. Where a previous document has sufficiently analyzed a range of reasonable alternative locations and environmental impacts for projects with the same basic purpose, the lead agency should review the previous document. The EIR may rely on the previous document to help it assess the feasibility of potential project alternatives to the extent the circumstances remain substantially the same as they relate to the alternative (Guidelines Section 15126.6[f][2][C]). As the California Supreme Court indicated in its decisions in Citizens of Goleta Valley v. Board of Supervisors, 52 Cal. 3d 553 (1990): The general plan has been aptly described as the "constitution for all future developments" within the city or county... "The propriety of virtually any local decision affecting land use and development depends upon consistency with the applicable general plan and its elements.. ".. To be sure, the general plan is not immutable, far from it. But it may not be trifled with lightly, as the limitation on the number of amendments to the general plan in any calendar year attests." (Goleta, 52 cal.3d at 570 -571) [In] some circumstances, an EIR may consider alternatives requiring a site - specific amendment of the general plan. However, an EIR is not ordinarily an occasion for the reconsideration or overhaul of fundamental land use policy. (Goleta, at 573) The Proposed Project would involve additional events at Honda Center and construct minor enhancements to the facility. This alternative site analysis considers both existing facilities and undeveloped sites large enough to construct an arena with a minimum capacity of 18,900 spectators and associated parking. The minimum site size for construction of a new facility is approximately 40 acres. It should be noted that Honda Center already has adequate capacity for an additional permanent tenant, including but not limited to, an NBA team or Arena Football. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 2 -1 2. Findings on Project Alternative Use of an Alternate Existing Facility There are no other indoor sports facilities in the City of Anaheim, or in all of Orange County, that provide a minimum capacity of 18,900 spectators. There is an arena at the Anaheim Convention Center with a capacity of 7,500 spectators; however, this capacity is too small to host an additional professional sports franchise. The nearest other facilities with sufficient capacity are in Los Angeles County: Staples Center in downtown Los Angeles, the Los Angeles Memorial Sports Arena in Exposition Park south of downtown Los Angeles, and the Forum in the City of Inglewood. Staples Center already hosts two NBA teams, the Los Angeles Lakers and the Los Angeles Clippers and an NHL team, the Los Angeles Kings. Each NBA team and the NHL team play 41 home games per season. The NBA and NHL season lasts six months, November through April. Considering the schedule demands of the existing NBA and NHL teams, it is very unlikely that Staples Center would be able to host a fourth permanent tenant. The Forum and the Los Angeles Memorial Sports Arena each formerly hosted one NBA team: the Lakers at the Forum, and the Clippers at the Sports Arena. Due to the age of these facilities, they are not considered suitable for an additional professional sports franchise. Development of a New Facility at an Alternate Site The Honda Center site is located on approximately 41 acres. Developing a facility with comparable capacity and amenities elsewhere in Orange County would require assembling a site of similar area. Northern and central urban Orange County is nearly completely built out; thus, assembling a site of that size would require demolition of substantial numbers of homes and/or businesses. Two potential alternative sites include the former Tustin Marine Corps Air Station now known as Tustin Legacy and the Orange County Great Park (formerly Marine Corps Air Station, El Toro). However, both sites have adopted land use plans which do not currently include sites for a 41 acre sports and entertainment facility. Development of a new facility on an alternate site would also result in numerous impacts that would not occur with the Proposed Project. Since the Honda Center is already constructed, development on an alternative site would commit non - renewable resources such as petroleum, wood, concrete and steel, which would not be required for the Proposed Project. In addition, development of an alternative site would result in construction impacts including noise, air quality, greenhouse gas emissions, and traffic. Operational impacts including air quality, noise, greenhouse gas emissions, transportation and traffic, would likely be similar but would occur in a different location and would lack the existing transportation infrastructure located near Honda Center including freeway access and access to transit. Therefore, development of an alternative site would result in greater impacts than those associated with the proposed project and have been rejected from further analysis. 2.2 ALTERNATIVES SELECTED FOR ANALYSIS The CEQA Guidelines indicate that an EIR must "describe a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives" (Guidelines Sec. 15126.6[a]). Based on those criteria, the following three alternatives have been determined to represent a reasonable range of alternatives which have the potential to feasibly attain most of the basic objectives of the project but which may avoid or substantially lessen any of the significant effects of the project. The alternatives analyzed in the following sections include: No Project/Existing Land Use Alternative No Enhancements with New Honda Center Events Alternative Additional Traffic Improvements Alternative EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 2 -2 2. Findings on Project Alternative 2.2.1 No ProjectExisting Land Use Alternative This alternative, which is required by CEQA, assumes that the structure and operation of the Honda Center would remain unchanged. No additional tenants or events would occur at the facility, and none of the proposed facility improvements would be undertaken. Use of the Honda Center would continue to average about 153 events per year, including Anaheim Ducks NHL events. Finding: The City finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make the No Project/Existing Land Use Alternative infeasible. Public Resources Code § 21081[a][3], Guidelines § 15091[a][3]). Facts in Support of Finding: • This alternative is environmentally superior to the Proposed Project in all six resource areas, including air quality, GHG, land use and planning, noise, transportation and traffic, and utilities. • This alternative would not meet any of the objectives of the Proposed Project identified in Section 3.2 of the FEIR. 2.2.2 No Enhancements with New Honda Center Events Alternative This alternative would allow up to 222 events per year at Honda Center but would not construct any of the renovations and upgrades included in the Proposed Project. As a result, this Alternative would not include the proposed team store, restaurant space, or outdoor grand terrace. The seating capacity of Honda Center in this alternative would be the same as for the Proposed Project, 18,900. The slight increase in employees working at the restaurant and expanded store in the Proposed Project would not occur in this alternative. Employment density in square feet per employee is estimated as one employee per 617 square feet for both retail (except regional retail) and service (including restaurant) uses (Natelson Company 2001). Thus, the reduction in operational employment in this alternative would be (15,364/617), or 25 employees, for the restaurant and (4,046/617), or seven employees, for the expanded store, for a total of 32 employees. Thirty -two employees would be about 0.16 percent of the total New Honda Center Event population. The numbers of spectators and team members would be the same in this alternative as in the Proposed Project. Finding: The City finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make the No Project/Existing Land Use Alternative infeasible. Public Resources Code § 21081[a][3], Guidelines § 15091[a][3]). Facts in Support of Finding: • This alternative is environmentally superior to the Proposed Project in four of the six resource areas analyzed in Chapter 5 of the FEIR: air quality, greenhouse gas emissions, noise, and utilities and service systems. However, for each of these resources this alternative would reduce construction impacts but not operational impacts associated with air quality, greenhouse gas emissions, or traffic. • The significant air quality, greenhouse gas emissions, and traffic impacts of the Project would not be avoided under this alternative. This alternative is neither environmentally superior nor inferior to the Proposed Project in land use and planning. • This alternative would satisfy most but not all of the project objectives. However, this alternative would not eliminate the significant air quality, greenhouse gas emissions, and transportation /traffic impacts associated with the Proposed Project. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 2 -3 2. Findings on Project Alternative 2.2.3 Additional Traffic Improvements Alternative The Additional Traffic Improvements Alternative would allow the same number events as the Proposed Project (up to 222 events), develop all of the enhancements to the facility planned in the Proposed Project and include the proposed zone reclassification. This alternative would also involve roadway improvements to reduce significant traffic impacts in the 2011 Baseline, 2013 Opening Year, and 2030 Future Year Conditions for Comparisons 1, 2, and 3, to less than significant levels. The purpose of this alternative is to eliminate the significant transportation and traffic impacts of the Proposed Project. All proposed improvements to public roadways would be constructed by the City of Anaheim or its contractor. Honda Center would be responsible for the full cost of construction of improvements needed for mitigating significant impacts in the 2011 Baseline and 2013 Opening Year with Project scenarios. Honda Center would be responsible for fair -share payments toward the cost of construction of improvements needed for mitigating significant impacts in the 2030 Proposed Project plus Concurrent Angel Stadium Event scenario. The necessary improvements would result in additional right -of -way and impact existing structures, parking, and landscaping. Under this Alternative, improvements would be required at 47 locations, including 11 intersections, 26 arterial roadway segments, 5 freeway ramps, and 5 freeway weaving segments. For a list of improvement locations, see Tables 5.5 -44 through 5.5-46 in the FEIR. Finding: The City finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make the No Project/Existing Land Use Alternative infeasible. Public Resources Code § 21081 [a][3], Guidelines § 15091[a][3]). Facts in Support of Finding: • This alternative would be environmentally inferior in four resource areas; air quality, greenhouse gas emissions, land use and planning, and noise, mainly due to construction of the additional roadway improvements. • Although significant transportation and traffic impacts associated with the Proposed Project would be avoided, the necessary improvements would result in additional right -of -way and impact pedestrian connections, existing and proposed bike lanes, existing structures, parking, and landscaping. • This Alternative would be in conflict with many of the City's goals and policies included in the General Plan and the Platinum Triangle Master Land Use Plan, and SCAG's Regional Comprehensive Plan and Compass Blueprint which promote the use of alternative forms of transportation including walking, biking, busses, and trains. • Although this alternative would meet most of the project objectives established for the Proposed Project, the proposed roadway improvements would impact adjacent land uses and result in greater impacts than those associated with the Proposed Project. • This alternative would reduce impacts that occur when an event at Honda Center and an event at Angels Stadium happen concurrently. However, "concurrent events" are anticipated to be infrequent and only occur a limited number of times throughout the year. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 2 -4 2. Findings on Project Alternative This page intentionally left blank. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 2 -5 3.0 FINDINGS ON POTENTIALLY SIGNIFICANT IMPACTS This section identifies the findings on impact categories analyzed in the Draft and Final EIR, including potentially significant impacts of the project. 3.1 AIR QUALITY Impact 5.1 -1: The Proposed Project would not conflict or obstruct implementation of the South Coast Air Quality Management Plan. Impact 5.1 - 1 was not found to be significant and no findings are required for this impact. Impact 5.1 -2: The Proposed Project would not generate construction emissions that exceed SCAQMD's regional construction thresholds or cumulatively contribute to the nonattainment designations of the SoCAB. Impact 5.1 - 2 was not found to be significant and no findings are required for this impact. Impact 5.1 -3: The Proposed Project would generate an increase in daily transportation emissions of VOC, NO„, and CO that exceed SCAQMD's regional operational thresholds and cumulatively contribute to the nonattainment designations of the SoCAB. Project- related air pollutants come from area -, energy -, and mobile- source emissions. The Proposed Project would not increase seating capacity at Honda Center. Therefore, maximum daily emissions generated by events at Honda Center would not increase from baseline conditions as a result of the project. However, it should be noted that these maximum daily emissions would occur an additional 60 days per year with the proposed project. Therefore, for the purposes of this EIR, although Honda Center currently generates both average attendance events and sell out events, impacts are based on the incremental increase caused by sell out events at Honda Center. Significance is based on the comparison of Sell Out Honda Center Events vs. Average Attendance Honda Center Events. Sell out events generate substantially more traffic than average attendance events at Honda Center. As a result, these emissions exceed SCAQMD's regional significance thresholds for VOC, NO,, and CO and would cumulatively contribute to the nonattainment designations of the SoCAB. Mitigation Measures: The following mitigation measures are included in Section 5.1 -2, Greenhouse Gas Emission, and would also reduce criteria air pollutant emissions generated on a day with a sold out Honda Center event. 2 -1 Honda Center shall request a Comprehensive Energy Audit by the Anaheim Public Utilities, which is a free service offered by the utility. According to the Anaheim Public Utilities, customers can reduce energy by as much as 10 to 25 percent of month through efficiency reductions. Energy reductions can be accomplished through retrofits and /or offsets provided by renewable energy generation onsite. Potential combination of measures that could be taken to achieve a reduction in energy demand includes: a. Replacement of indoor and outdoor lighting fixtures with LED or compact fluorescent fixtures. b. Retrofitting air conditioning, heating, and ventilation systems and /or calibrating systems for efficiency (e.g., increasing average indoor temperature settings in summer and during hockey events). EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 3 -1 3. Findings on Potentially Significant Impacts c. Replacing restaurant refrigerators, freezers, and other appliances with Energy Star rated appliances to reduce plug -load. d. Installation of photovoltaic system (e.g., carports with solar panels or rooftop - mounted solar panels) or wind - energy- system at Honda Center to offset energy use generated during an event. For example, a 750 kW -ac photovoltaic system is estimated to produce 1,242,163 kWh per year based on the California Public Utilities Commission's Clean Power Estimator. 2 -2 The City of Anaheim shall continue coordinating with the Southern California Regional Rail Authority (SCRRA), which operates Metrolink service on Orange County Line in conjunction with the Orange County Transportation Authority (OCTA). The City of Anaheim shall coordinate with SCRRA to discuss the potential for providing special event service to Honda Center and the Angel Stadium of Anaheim on weekends and during the week. A list of events, including the day or the event, time of the event, and duration of the event at Honda Center and the Angel Stadium of Anaheim shall be provided to SCRRA to initiate these discussions. Barriers to implement Special Event Service on the Orange County Line shall be discussed. Potential funding options to overcoming barriers to implement special event Service on the Orange County line should be indentified and considered, including funding for additional train operators and trains that coincide with commuter service. 2 -3 To encourage use of transit by visitors to Honda Center, ticket holders shall be provided information on the Metrolink and Amtrak services available on the day of the event, including Metrolink and Amtrak scheduling. Finding: Mitigation measures 2 -1 through 2 -3 are feasible and would reduce criteria pollutant emissions to the extent feasible. However, the effectiveness of these mitigation measures is uncertain and cannot be quantified. As a result, Impact 5.1 -3 would remain Significant and Unavoidable and a Statement of Overriding Considerations is required. Reference: FEIR Section 5.1, Pages 5.1 -13 through 5.1 -19. Impact 5.1 -4: Construction activities associated with the Proposed Project would not expose sensitive receptors to substantial pollutant concentrations. Impact 5.1 - 4 was not found to be significant and no findings are required for this impact. Impact 5.1 -5: The Proposed Project would not expose sensitive land uses to substantial pollutant concentrations from mobile sources. Impact 5.1 - 5 was not found to be significant and no findings are required for this impact. Impact 5.1 -6: The Proposed Project would not expose sensitive land uses to substantial pollutant concentrations from stationary sources. Impact 5.1 -6 was not found to be significant and no findings are required for this impact. 3.2 GREENHOUSE GAS EMISSIONS Impact 5.2 -1: The Proposed Project would increase the number of events held at Honda Center, resulting in a substantial increase in greenhouse gas emissions. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 3 -2 3. Findings on Potentially Significant Impacts The proposed project would result in an increase in GHG emissions from transportation sources, offsite energy production required for onsite activities, natural gas used on site for heating and cooking, water use, and waste disposal. The proposed project would generate a net increase of 14,967 MTons of GHG per year compared to existing conditions. In other words, the total emissions associated with an additional 69 events per year at sell out capacity would generate a net increase in 14,967 MTons of GHG per year. The total increase in GHG emissions onsite from the project would exceed SCAQMD's proposed screening threshold of 3,000 MTons for all land use types. When the proposed screening threshold is exceeded, SCAQMD provides another tier of evaluation with the per capita threshold of 4.8 MTons per service population. The increase in GHG emissions cited above does not include gradual reductions in GHG emissions from an increase in fuel efficiency and higher utilization of renewable power in the local energy grid by year 2020 in accordance with AB 32, which is the efficiency target year. For the purpose of this assessment, service population includes average daily employees and average daily visitors based on historic annual attendance at Honda Center. The proposed project would result in annual emissions of 5.0 MTons per service population with the project. An increase in the number of annual events at Honda Center results in a decrease in per capita GHG emissions because the building generates emissions regardless of whether it is in use or not. Thus, increase the number of events per year increases the intensity and efficiency and the existing land use. However, GHG emissions associated with the project would exceed SCAQMD's proposed per capita significance threshold. A total of 1,819 MTons would need to be reduced in order to achieve a per capita efficiency goal of 4.8 MTons per service population in accordance with SCAQMD's proposed efficiency metric. Mitigation Measures: 2 -1 Honda Center shall request a Comprehensive Energy Audit by the Anaheim Public Utilities, which is a free service offered by the utility. According to the Anaheim Public Utilities, customers can reduce energy by as much as 10 to 25 percent of month through efficiency reductions. Energy reductions can be accomplished through retrofits and /or offsets provided by renewable energy generation onsite. Potential combination of measures that could be taken to achieve a reduction in energy demand includes: a. Replacement of indoor and outdoor lighting fixtures with LED or compact fluorescent fixtures. b. Retrofitting air conditioning, heating, and ventilation systems and /or calibrating systems for efficiency (e.g., increasing average indoor temperature settings in summer and during hockey events). c. Replacing restaurant refrigerators, freezers, and other appliances with Energy Star rated appliances to reduce plug -load. d. Installation of photovoltaic system (e.g., carports with solar panels or rooftop - mounted solar panels) or wind - energy- system at Honda Center to offset energy use generated during an event. For example, a 750 kW -ac photovoltaic system is estimated to produce 1,242,163 kWh per year based on the California Public Utilities Commission's Clean Power Estimator. 2 -2 The City of Anaheim shall continue coordinating with the Southern California Regional Rail Authority (SCRRA), which operates Metrolink service on Orange County Line in conjunction with the Orange County Transportation Authority (OCTA). The City of Anaheim shall coordinate with SCRRA to discuss the potential for providing special event service to Honda Center and the Angel Stadium of Anaheim on weekends and during the week. A list of events, including the day or the event, time of the event, and duration of the event at Honda Center EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 3 -3 3. Findings on Potentially Significant Impacts and the Angel Stadium of Anaheim shall be provided to SCRRA to initiate these discussions. Barriers to implement Special Event Service on the Orange County Line shall be discussed. Potential funding options to overcoming barriers to implement special event Service on the Orange County line should be indentified and considered, including funding for additional train operators and trains that coincide with commuter service. 2 -3 To encourage use of transit by visitors to Honda Center, ticket holders shall be provided information on the Metrolink and Amtrak services available on the day of the event, including Metrolink and Amtrak scheduling. Finding: Honda Center would need to reduce GHG emissions by 1,819 MTons in order to achieve an efficiency metric of 4.8 MTons per service population. Mitigation Measures 2 -1 through 2 -3 are feasible and would reduce GHG emissions to the extent feasible. However, the effectiveness of these mitigation measures is uncertain and can not be quantified. Therefore, Impact 5.2 -1 would remain Significant and Unavoidable and a Statement of Overriding Considerations is required. Reference: FEIR Section 5.2, Pages 5.2 -14 through 5.2 -21. 3.3 LAND USE AND PLANNING Impact 5.3 -1: The proposed zoning reclassification for a portion of the project site would not conflict with the Public Recreational (PR) zoning or the Platinum Triangle Mixed Use Overlay Zone. Impact 5.3 - 1 was not found to be significant and no findings are required for this impact. 3.4 NOISE Impact 5.4 -1: Build -out of the Proposed Project would not result in exposure of persons to or generation 4) of noise levels in excess of standards established in the local General Plan or noise ordinance, or applicable standards of other agencies. Impact 5.4 - 1 was not found to be significant and no findings are required for this impact. Impact 5.4 -2: Build -out of the Proposed Project would not result in substantial temporary or permanent increases in ambient noise levels in the project vicinity above levels existing without the project. The operations phase of the project would generate noise primarily associated with vehicular trips. Traffic noise modeling is based on average daily traffic volumes on roadway segments within the analysis conducted by Parsons Brinkerhoff (2012). 2011 Existing Traffic Noise plus Project (Sellout Event) Traffic noise modeling was compiled for year 2011No Event and 2011 Plus Project (sellout event). The significance criteria for roadway noise impacts are based on whether the proposed project would result in a substantial increase (3 dB or more) in the ambient noise environment along the roadways when the ambient noise environment exceeds 60 dBA CNEL (daily noise levels). The proposed project would result in similar noise levels along the roadways within the study area of the project, and no traffic noise impacts due to the project would occur. 2013 Traffic Noise with Project Event Traffic noise modeling was compiled for year 2013 with an average attendance event and then compared to a sellout event. The Proposed Project would increase the number of events from an average of 153 events to a maximum of 222 events per year. The significance criteria for roadway noise impacts are based on whether the Proposed Project would result in a substantial increase (3 dB or more) in the ambient noise environment along the roadways when the ambient noise environment exceeds 60 dBA CNEL (daily noise levels). While the number of Honda Center events would increase from an average of 3 events per week to an average of 4 events per week, average daily noise levels EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 3 -4 3. Findings on Potentially Significant Impacts generated by a sellout event would not cause substantial noise increases. The Proposed Project would result in noise levels increases along the roadways within the study area of the project below significance levels, and no traffic noise impacts would occur under 2013 conditions. e8 EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 3 -5 3. Findings on Potentially Significant Impacts Year 2030 with Project Events Traffic noise increases associated with the Proposed Project were also assessed under future Year 2030 with the buildout of the General Plan. Similar to the Existing with Project Event analysis, traffic noise impacts from project - generated traffic under Year 2030 conditions would be comparable to traffic noise impacts of events currently permitted at Honda Center. As previously discussed, the generally accepted level at which changes in community noise levels become "barely perceptible" typically occurs at values of greater than 3 dBA, and changes of 5 dBA are readily perceptible. The significance criteria for roadway noise impacts are based on whether the proposed project would result m a substantial increase (3 dB or more) in the ambient noise environment along the roadways when the ambient noise environment exceeds 60 dBA CNEL (daily noise levels). Noise increases on Year 2030 event days compared to existing average attendance events will range from 1.5 to 10.8 dBA. The only noise sensitive land uses where audible noise increases would occur are the residential uses adjacent to the segment of Sunkist Street between Cerritos Boulevard and Ball Road. It shall be noted that the long -range noise increases presented for 2030 conditions will occur over a number of years, unlike the comparisons laboratory environments where human reaction to noise studies are derived from. While overall changes in the noise environment that are considered perceptible ( +3 dB), the project itself would cause noise increases of up to 0.2 dBA, well below the 3 dBA threshold for project impacts The Proposed Project would result in noise levels increases along the roadways within the study area of the project below significance levels, and no traffic noise impacts would occur under 2030 conditions. Summary As analyzed above, while general noise increases for Year 2013 and Year 2030 are anticipated for the Honda Center and its vicinity, increases due particularly to the Proposed Project are not expected. The Proposed Project will not cause substantial traffic noise increases to off -site sensitive receptors during sellout events, and is not expected to generate discernable stationary noise levels beyond those already in existence. Cumulative Impacts Cumulative noise impacts occur when multiple sources of noise, though individually not substantial, combine and lead to excessive cumulative noise exposure at noise - sensitive uses. Traffic Noise modeling was conducted to identify cumulative impacts from concurrent scheduling of events at the Honda Center and the Angel Stadium of Anaheim for year 2013 and year 2030 (General Plan buildout) conditions. Noise increases on Year 2030 with sellout event plus an Angels Stadium event day compared to existing without events will range from 1.5 to 10.8 dBA. The only noise sensitive land uses where audible noise increases would occur are located along Sunkist Street between Cerritos Avenue and Ball Road. MM 5.4 -1 would reduce the anticipated cumulative noise increase of 3.8 dBA to the sensitive receptors along this roadway segment. The estimated 6 dBA noise reduction provided by the pavement would offset the cumulative increase, eliminating the cumulative noise impact. With implementation of MM 5.4 -1, cumulative noise impacts to noise sensitive receptors would be avoided. Mitigation Measures 4 -1 Prior to issuance of building permits, the project applicant shall contribute fair -share funding to repave Sunkist Street between Cerritos Avenue and Ball Road with rubberized asphalt. Studies have shown that asphalt rubber overlays resulted in a reduction in road noise in the order of 6 dB. (Rymer and Donavan, 2005) Finding: Mitigation Measure 4.1 is feasible and would avoid or substantially lessen cumulative impacts related to ambient noise. With its implementation, cumulative noise impacts would be less than significant. Reference: FEIR Section 5.4, Pages 5.4 -10 through 5.4 -19. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 3 -6 3. Findings on Potentially Significant Impacts 3.5 TRANSPORTATION AND TRAFFIC Impact 5.5 -1: Trip generation associated with the proposed project would impact levels of service on the existing arena roadway system. To assess the traffic impacts associated with the Proposed Project a total of five (5) scenarios under three horizon years were considered, as outlined below: 2011 Baseline Analytical Project Direct Impacts Scenario: 1) 2011 Baseline (No Events) 2) 2011 Baseline with Average Attendance Honda Center Event 3) 2011 Baseline with Average Attendance Honda Center Event and Concurrent Angel Stadium Event 4) 2011 Baseline with Project 5) 2011 Baseline with Project and Concurrent Angel Stadium Event 2013 Opening Year Analytical Impacts Scenario and Near -Term Impacts Scenario: 1) 2013 Opening Year (No Events) 2) 2013 Opening Year with Average Attendance Honda Center Event 3) 2013 Opening Year with Average Attendance Honda Center Event and Concurrent Angel Stadium Event 4) 2013 Opening Year with Project 5) 2013 Opening Year with Project and Concurrent Angel Stadium Event 2030 Future Year Long -Term Impacts Scenario (General Plan Buildout): 1) 2030 Future Year (No Events) 2) 2030 Future Year with Average Attendance Honda Center Event 3) 2030 Future Year with Average Attendance Honda Center Event and Concurrent Angel Stadium Event 4) 2030 Future Year with Project 5) 2030 Future Year with Project and Concurrent Angel Stadium Event Upon completion of the traffic conditions assessment for each scenario above, Project impacts and mitigation were identified through an evaluation of the following three comparisons of with and without Project conditions: 1) No Events vs. Project 2) Average Attendance Honda Center Event vs. Project 3) Average Attendance Honda Center Event and Concurrent Angel Stadium Event vs. Project and Concurrent Angel Stadium Event 3.5.1.1.1.1 2011 Baseline Conditions The traffic study determined that five intersections and one freeway ramp are significantly impacted by the proposed project under the 2011 Baseline conditions. Mitigation measures have been identified and proposed for these impacted locations under each of the comparison scenarios and are presented in Table 5.5 -46 of the FEIR. Feasible 2 Average Attendance Honda Center Event is assumed to be an average attendance event or 11,264 seats as described in the September 2, 2011 Notice of Preparation of a Draft Environmental Impact Report No. 344 for Honda Center Enhancement Project. Traffic forecasts are adjusted accordingly from April 6, 2011 event traffic counts. 3 Angel Stadium Event is assumed to be an average Angel Stadium baseball game attendance of 29,402 based on year 2010 season attendance figures provided by the City of Anaheim. Traffic conditions are adjusted accordingly from traffic counts taken for the August 24, 2011 event. ° Project is assumed to be an 18,900 seat sold out capacity condition. Traffic forecasts are adjusted accordingly from April 6, 2011 event traffic counts. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 3 -7 3. Findings on Potentially Significant Impacts mitigation has been identified for the following intersections and impacts are mitigated to a less than significant level: • SR -57 Southbound Ramps / Ball Road • Douglass Road / Katella Avenue Impacts were also identified under Comparison 3 at the following intersections: • State College Boulevard / Katella Avenue • SR -57 Southbound Ramps / Katella Avenue • SR -57 Northbound Ramps / Katella Avenue • Douglass Road / Katella Avenue Comparison 3 involves simultaneous events at the Honda Center and Angel Stadium. Simultaneous events occurring at Honda Center due to the Proposed Project and at Angel Stadium known as "concurrent events" are anticipated to be infrequent and only occur a limited number of times throughout the year. Although, some of the physical traffic improvements /mitigation listed in Comparison 3 may be considered feasible; the mitigation necessary to maintain acceptable levels of service for Comparison 3 would require substantial right -of -way acquisition and funding, and result in numerous impacts to adjacent private properties and land uses. In addition, these improvements would conflict with the City's General Plan and Platinum Triangle Master Land Use Plan goals and policies to provide a pedestrian- friendly, transit- oriented environment within the Platinum Triangle. As a result, the City of Anaheim has determined that it is economically, socially, and technologically infeasible to implement the mitigation measures associated with Comparison 3. 3.5.1.1.1.1.1 Caltrans Facilities In addition, one additional impact for Comparison 3 was identified the following Freeway Ramp under the jurisdictional control of Caltrans: • SR - 57 Southbound Off - Ramp to Katella Avenue A mitigation measure to mitigate this impact was identified in Table 5.5 -46 of the FEIR. However, as stated above, Comparison 3 involves simultaneous events at the Honda Center and Angel Stadium. Simultaneous events occurring at Honda Center due to the Proposed Project and at Angel Stadium known as "concurrent events" are anticipated to be infrequent and only occur a limited number of times throughout the year. Although, some of the physical traffic improvements /mitigation listed in Comparison 3 may be considered feasible; the mitigation necessary to maintain acceptable levels of service for Comparison 3 would require substantial right -of -way acquisition and funding, and result in numerous impacts to adjacent private properties and land uses. In addition, these improvements would conflict with the City's General Plan and Platinum Triangle Master Land Use Plan goals and policies to provide a pedestrian- friendly, transit- oriented environment within the Platinum Triangle. As a result, the City of Anaheim has determined that it is economically, socially, and technologically infeasible to implement the mitigation measures associated with Comparison 3. Inasmuch as the primary responsibility for approving and/or completing certain improvements to Caltrans Facilities lies with an agency other than the City of Anaheim (i.e., Caltrans), there is the potential that significant impacts may not be fully mitigated if such improvements are not completed for reasons beyond the City of Anaheim's control (e.g., the City of Anaheim cannot undertake or require improvements outside of Anaheim's jurisdiction or the City cannot construct improvements in the Caltrans right -of -way without Caltrans approval). Consequently, the impact at this location would remain significant and unavoidable. 3.5.1.1.1.2 2013 Opening Year Conditions The study determined that the same locations with project impacts under the 2011 Baseline conditions continue to experience project impact under the 2013 Opening Year conditions. Mitigation measures have been identified and EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 3 -8 3. Findings on Potentially Significant Impacts proposed for these impacted locations under each of the comparison scenarios and are presented in Table 5.5 -47 of the FEIR. Feasible mitigation has been identified for the following intersections and impacts are mitigated to a less than significant level: • SR -57 Southbound Ramps / Ball Road • Douglass Road / Katella Avenue Impacts were also identified under Comparison 3 at the following intersections: • State College Boulevard / Katella Avenue • Sunkist Street / Ball Road • SR -57 Southbound Ramps / Katella Avenue • SR -57 Northbound Ramps / Katella Avenue • Douglass Road / Katella Avenue Comparison 3 involves simultaneous events at the Honda Center and Angel Stadium. Simultaneous events occurring at Honda Center due to the Proposed Project and at Angel Stadium known as "concurrent events" are anticipated to be infrequent and only occur a limited number of times throughout the year. Although, some of the physical traffic improvements /mitigation listed in Comparison 3 may be considered feasible; the mitigation necessary to maintain acceptable levels of service for Comparison 3 would require substantial right -of -way acquisition and funding, and result in numerous impacts to adjacent private properties and land uses. In addition, these improvements would conflict with the City's General Plan and Platinum Triangle Master Land Use Plan goals and policies to provide a pedestrian - friendly, transit- oriented environment within the Platinum Triangle. As a result, the City of Anaheim has determined that it is economically, socially, and technologically infeasible to implement the mitigation measures associated with Comparison 3. 3.5.1.1.1.2.1 Caltrans Facilities 208 In addition, one additional impact for Comparison 3 was identified the following Freeway Ramp under the jurisdictional control of Caltrans: • SR - 57 Southbound Off - Ramp to Katella Avenue A mitigation measure to mitigate this impact was identified in Table 5.5 -47 of the FEIR. However, as state above, Comparison 3 involves simultaneous events at the Honda Center and Angel Stadium. Simultaneous events occurring at Honda Center due to the Proposed Project and at Angel Stadium known as "concurrent events" are anticipated to be infrequent and only occur a limited number of times throughout the year. Although, some of the physical traffic improvements /mitigation listed in Comparison 3 may be considered feasible; the mitigation necessary to maintain acceptable levels of service for Comparison 3 would require substantial right -of -way acquisition and funding, and result in numerous impacts to adjacent private properties and land uses. In addition, these improvements would conflict with the City's General Plan and Platinum Triangle Master Land Use Plan goals and policies to provide a pedestrian - friendly, transit- oriented environment within the Platinum Triangle. As a result, the City of Anaheim has determined that it is economically, socially, and technologically infeasible to implement the mitigation measures associated with Comparison 3. Inasmuch as the primary responsibility for approving and /or completing certain improvements to Caltrans Facilities lies with an agency other than the City of Anaheim (i.e., Caltrans), there is the potential that significant impacts may not be fully mitigated if such improvements are not completed for reasons beyond the City of Anaheim's control (e.g., the City of Anaheim cannot undertake or require improvements outside of Anaheim's jurisdiction or the City cannot construct improvements in the Caltrans right -of -way without Caltrans approval). Consequently, the impact at this location would remain significant and unavoidable. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 3 -9 3. Findings on Potentially Significant Impacts 3.5.1.1.1.3 2030 Future Year Conditions The traffic study determined that implementation of the proposed project results in significant impact at 25 study intersections, seven study arterial segments, five study freeway weaving segments, and five study freeway ramps under the 2030 Future Year conditions. Mitigation measures have been identified and proposed for all these impacted locations under each of the comparison scenarios and are presented in Table 5.5 -48 of the FEIR. Feasible mitigation has been identified for the following intersections and impacts are mitigated to a less than significant level: • Manchester Avenue (1 -5 Southbound Ramps) / Katella Avenue • Lewis Street / Katella Avenue • State College Boulevard / Gateway Center Drive • Sportstown / Katella Avenue Chapter 7 of the traffic study contains an extensive review of proposed mitigation and feasibility. For the reasons stated therein, the City of Anaheim has determined that all other proposed mitigation identified in Table 5.5 -48 is infeasible due for the reasons stated Chapter 7 of the traffic study and summarized in Section 5.5.7.1 of this Draft Environmental Impact Report. In addition, Comparison 3 involves simultaneous events at the Honda Center and Angel Stadium. Simultaneous events occurring at Honda Center due to the Proposed Project and at Angel Stadium known as "concurrent events" are anticipated to be infrequent and only occur a limited number of times throughout the year. Although, some of the physical traffic improvements /mitigation listed in Comparison 3 may be considered feasible; the mitigation necessary to maintain acceptable levels of service for Comparison 3 would require substantial right -of -way acquisition and funding, and result in numerous impacts to adjacent private properties and land uses. In addition, these improvements would conflict with the City's General Plan and Platinum Triangle Master Land Use Plan goals and policies to provide a pedestrian- friendly, transit- oriented environment within the Platinum Triangle. As a result, the City of Anaheim has determined that it is economically, socially, and technologically infeasible to implement the mitigation measures associated with Comparison 3. 3.5.1.1.1.4 City of Orange Table 5.5 -48 of the FEIR identifies impacts and proposed mitigation at the following City of Orange intersections and segments: • State College Boulevard / Orangewood Avenue • State College Boulevard / 1 -5 Northbound Ramps • State College Boulevard / The City Drive / Chapman Avenue • Katella Avenue / Struck Avenue • Main Street / Katella Avenue • SR -55 Southbound Ramps / Katella Avenue • Katella Avenue - Struck Avenue to Main Street • Katella Avenue - Main Street to Batavia Street • Main Street n - Katella Avenue to Struck Avenue Although recommended, not all identified improvements are feasible due to a number of reasons such as the inability to undertake right -of -way acquisitions as a matter of policy to preserve existing businesses, environmental constraints, or jurisdictional consideration. In addition, although cost estimates have not been completed at this time, it is anticipated that a number of improvements would be economically infeasible due to the anticipated costs of some of the improvements. Inasmuch as the primary responsibility for approving and/or completing certain improvements located outside of Anaheim lies with an agency other than the City of Anaheim (i.e., City of Orange), there is the potential that significant impacts may not be fully mitigated if such improvements are not completed for reasons beyond the City of Anaheim's control (e.g., the City of Anaheim cannot undertake or require improvements EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 3 -10 3. Findings on Potentially Significant Impacts outside of Anaheim's jurisdiction). Should that occur, the project's traffic impact would remain significant. Tables 5.5 -48 of the FEIR present mitigation measures identified through analysis of the Proposed Project traffic impacts, including those locations that are expected to remain significant due to infeasibility. Consequently, Impact 5.5 -1 would remain significant and unavoidable. 3.5.1.1.1.4.1 Caltrans Facilities As identified in Impact 5.5 -1, there are several deficiencies to Caltrans facilities. A summary of impacts and mitigation strategies for impacted Caltrans's facilities are shown in Tables 5.5 -46 through 5.5 -48 of the FEIR. Deficient freeway segments within the study area fall under two categories of impacts, (1) project related impacts and (2) cumulative deficiency impacts. Improvements beyond the planned system improvements would be required to maintain an acceptable LOS for the State Highway System. Potential improvement measures would include the addition of one, two, or three lanes to freeway mainline segments. However, capacity improvements to the freeway mainline are not feasible improvement options at a project - level. Caltrans has not identified any further improvements through a Corridor Study beyond those already assumed in the buildout analysis for 1 -5 and SR -57, and the City has no control over State facilities. Additional capacity improvements are infeasible due to physical, right -of -way, and other environmental constraints. For example, the expansion of the identified freeway segments would involve significant right -of -way acquisition, which would involve either the acquisition of residences and/or businesses, or this would involve bringing the freeway facilities close to such residences and businesses. Potential improvements to reduce weaving impacts include the implementation of an auxiliary lane within the weaving area to improve operations although this does not satisfy the capacity needs of the corresponding and adjacent mainline segment. Standard capacity improvements, through the addition of one or more lanes on the freeway ramps, will not necessarily result in acceptable ramp operations for ramps that are forecast to operate deficiently. The density of the ramps is influenced by both the mainline and ramp volume, therefore, the traffic on the mainline must be reduced or the capacity of the mainline facility must be enhanced through the addition of an auxiliary lane to improve freeway ramp performance. Although recommended, not all identified improvements are feasible due to a number of reasons such as the inability to undertake right -of -way acquisitions as a matter of policy to preserve existing businesses, environmental constraints, or jurisdictional consideration. In addition, although cost estimates have not been completed at this time, it is anticipated that a number of improvements would be economically infeasible due to the anticipated costs of some of the improvements. Inasmuch as the primary responsibility for approving and/or completing certain improvements located outside of Anaheim lies with an agency other than the City of Anaheim (i.e., Caltrans), there is the potential that significant impacts may not be fully mitigated if such improvements are not completed for reasons beyond the City of Anaheim's control (e.g., the City of Anaheim cannot undertake or require improvements outside of Anaheim's jurisdiction or the City cannot construct improvements in the Caltrans right -of -way without Caltrans approval). Should that occur, the project's traffic impact would remain significant. Tables 5.5 -46 through 5.5 -48 of the FEIR present mitigation measures identified through analysis of the Proposed Project traffic impacts, including those locations that are expected to remain significant due to infeasibility. Consequently, Impact 5.5 -1 would remain significant and unavoidable. Mitigation Measures: 5 -1 Prior to the issuance of certificates of occupancy and /or prior to the amending of any agreements between the City and AAM that results in a new tenant that would cause the current event cap to exceed 162 events per year (whichever occurs first), AAM shall update their existing Traffic Management Plan to include operational improvements designed to improve traffic flow (e.g. ITS improvements, signal phasing, CCTV, adaptive traffic management systems, upgraded controllers and cabinets, changeable message signs, interconnect infrastructure upgrades) at the following intersections: SR -57 Southbound Ramps / Ball Road EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 3 -11 3. Findings on Potentially Significant Impacts Douglass Road / Katella Avenue 5 -2 Prior to the issuance of certificates of occupancy and /or prior to the amending any agreements between the City and AAM that results in a new tenant that would cause the current event cap to exceed 162 events per year (whichever occurs first), AAM shall provide fair -share funding to the City of Anaheim for the following operational improvements designed to improve traffic flow (e.g. ITS improvements, signal phasing, CCTV, adaptive traffic management systems, upgraded controllers and cabinets, changeable message signs, interconnect infrastructure upgrades) at the following intersections: Manchester Avenue (1 -5 Southbound Ramps) / Katella Avenue — Operational Improvement Lewis Street / Katella Avenue State College Boulevard / Gateway Center Drive Sportstown / Katella Avenue 5 -3 With respect to the physical improvements that are located in the City of Orange that are deemed feasible in Table 5.5 -48 of the FEIR, the City of Anaheim shall continue to work collaboratively with the City of Orange through the efforts initially established in 2009 with the Joint Community Facilities District to construct its share of improvements or provide shared cost payments for projects the City of Orange intends to build (consistent with the obligations imposed by the Mitigation Fee Act). The feasibility determination included in Table 5.5 -48 of the FEIR is a preliminary determination based on a review of current right -of -way constraints. However, additional mitigation strategies may become feasible over time as development conditions change; and therefore, cost share commitments will apply to all mitigation improvements identified for intersections and arterials within the City of Anaheim and the City of Orange for projects creating impacts within both cities. Actual feasibility and cost -share responsibility will be determined through coordination and verification by both Agencies through detailed review at the time of implementation. As a result, the City of Anaheim will have to adopt a statement of overriding considerations for these improvements located in the City of Orange. Finding: Although recommended, not all identified improvements are feasible due to a number of reasons such as the inability to undertake right -of -way acquisitions as a matter of policy to preserve existing businesses, environmental constraints, or jurisdictional consideration. In addition, although cost estimates have not been completed at this time, it is anticipated that a number of improvements would be economically infeasible due to the anticipated costs of some of the improvements. Inasmuch as the primary responsibility for approving and/or completing certain improvements located outside of Anaheim lies with an agency other than the City of Anaheim, there is the potential that significant impacts may not be fully mitigated if such improvements are not completed for reasons beyond the City of Anaheim's control. Should that occur, the project's traffic impact would remain significant. Therefore, Impact 5.5 -1 would remain Significant and Unavoidable and a Statement of Overriding Considerations is required. Reference: FEIR Section 5.5, Pages 5.5 -18 through 5.5 -171. Impact 5.5 -2: Adequate parking is provided on and in close proximity to the project site and no pedestrian safety hazards are anticipated. Events at Honda Center generate substantial pedestrian traffic. Pedestrians traveling to and from events at Honda Center from offsite locations include those who travel from offsite parking to Honda Center or those who access Honda Center as a result of use of alternative modes of transportation (rail, bus, etc.). In both cases, these pedestrians would utilize existing pedestrian facilities, as they do currently. For those Honda Center patrons that take public transit, most would walk from the existing Anaheim Transit Station or the future ARTIC (on Douglass Road south of Katella Avenue) to Honda Center, crossing Katella Avenue en route. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 3 -12 3. Findings on Potentially Significant Impacts Opened in 1993, Honda Center was developed with a significant parking supply both on -site and off -site in the proximity to the venue. An agreement, referred to as the 1993 Consent, Traffic and Parking, and Non - Disturbance and Attornment Agreement, between the City and Anaheim Arena Management, LLC established the parking requirements and parking areas for Honda Center. This agreement specially identifies that Honda Center parking will be provided in two defined geographical areas, defined as Tier 1 and Tier 2. Tier 1 area includes parking areas surrounding Honda Center that are bounded between Cerritos Avenue to the north, the Santa Ana River to the east, and SR -57 to the west. Tier 1 is targeted to provide not less than 3,900 parking spaces. The City of Anaheim has fulfilled its obligation to date, and in fact provide a total of 4,239 parking spaces within the Tier 1 area. The 4,239 parking spaces are made up as follows: 3,775 spaces provided within six on -site parking lots on the north side of Katella Avenue immediately surrounding the Honda Center building; 464 additional spaces provided off -site on a lot presently owned by the Orange County Transportation Authority (OCTA) on the south side of Katella Avenue immediately across from the Honda Center. The parking on the OCTA property is secured through current leases and sublease agreements between the City, OCTA, and AAM. While off -site parking is occurring on OCTA owned property it is noted that the current parking agreements and leases are based on fixed terms and are subject to future modification. It is further noted that the responsibility for addressing Honda Center parking is a City of Anaheim responsibility and does not obligate the OCTA to provide the parking and/or the land to accommodate parking. In addition to these 4,239 parking spaces, the City has indicated that AAM has secured a lease agreement with the adjacent Corporate Arena business park located just north of the venue for approximately 1,200 additional parking spaces. These additional spaces are assumed for use under peak event conditions. With this additional agreement, the total parking supply within Tier 1 is 5,439. The parking spaces are managed and available to patrons, event staff, and team members. Parking for the Tier 2 area consists of three off -site parking areas that are within a reasonable walking distance of the facility and include a total of approximately 4,085 spaces. As shown in Figure 5.5 -18 the designated parking areas include portions of Angel Stadium parking lots, which include 488 spaces, and two business /commercial centers. One center is located west of SR -57 and generally bound by Katella Avenue on the north and the railroad tracks to the south. It features approximately 1,173 spaces. The second center is located immediately east of the Santa Ana River within the City of Orange and is generally bound by Katella Avenue on the south, the Santa Ana River on the west, Main Street on the east, and a private drive on the north. It features approximately 2,424 spaces. Under the Tier 2 requirement, the City shall not provide less than 1,500 spaces within the identified off -site parking lots. Pedestrian access between the Tier 2 off -site parking areas and Honda Center is provided by sidewalk along Katella Avenue and Douglass Road. Combining the Tier 2 area with those within Tier 1, there are approximately 6,939 parking spaces available to Honda Center. Not inventoried, but nonetheless important to the overall supply of parking available for Honda Center events, are the numerous privately -owned commercial/business area parking lots in the vicinity of Honda Center. As these lots have peak usage during typical weekday business hours (i.e. 7:OOam — 5:OOpm), they are generally underutilized during Honda Center evening events and weekend day events and therefore are being used as "entrepreneurial" parking lots for Honda Center. Pedestrian access between these lots and Honda Center is available along sidewalks on Katella Avenue. Patrons accessing the offsite parking areas and entrepreneurial lots would cross Katella Avenue to access Honda Center. The majority of these pedestrians would cross at the intersection of Katella Avenue and Douglass Road. Based on the parking demand of 6,877 spaces compared to the available parking supply of 6,939 spaces, there is a surplus of 62 parking spaces available for Honda Center. It is further noted that all inventoried parking spaces are assumed to be available for Honda Center for all additional events, therefore, the increase in number of annual events at Honda Center would not require any additional parking supply. Factoring in the regular practice and availability of additional entrepreneurial parking in the vicinity of Honda Center on event days, there is an extensive surplus of parking available for Honda Center. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 3 -13 3. Findings on Potentially Significant Impacts Traffic at the intersection of Katella Avenue and Douglass Road during travel times to and from Honda Center events is controlled by active traffic management personnel, cones, and signage to effectively manage arriving and departing event - related traffic. In addition, this intersection is also controlled by uniformed police officers before, during, and after events. As stated previously, Honda Center implements a traffic management plan to actively manage arrival and departure of event - related traffic through operational and traffic control strategies. The traffic management plan is refined, as necessary, in the field to ensure efficient management of both pre- and post -event traffic operations. Mitigation Measure 5 -4 requires that Honda Center prepare a new traffic management plan for the New Honda Center Events and present such plan to the City of Anaheim Traffic and Transportation Services Division for review and approval. The traffic management plan shall include signal and intersection control by uniformed police officers, signage, lane control, access control, and pedestrian control, to mitigate potential pedestrian safety impacts. Mitigation Measures: 5 -4 At least four months before the first event in excess of 162 events at Honda Center, the management entity for Honda Center shall prepare a new traffic management plan for the New Honda Center Events and present such plan to the City of Anaheim Traffic and Transportation Services Division for review and approval. The traffic management plan shall address signals, intersections, signage, lanes, access, ingress, egress, and pedestrian features. The City of Anaheim will work together with the City of Orange during the preparation of the updated traffic management plan. Finding: Mitigation Measure 5 -4 is feasible and would reduce project - related pedestrian safety hazards to the extent feasible. With its implementation, pedestrian safety impacts would be less than significant. No Statement of Overriding Considerations is required. Reference: FEIR Section 5.5, Pages 5.5 -116 through 5.5 -117, Page 5.5 -171. 3.6 UTILITIES AND SERVICE SYSTEMS Impact 5.6 -1: Project - generated sewage would be adequately treated by the Orange County Sanitation District. Impact 5.6 - 1 was not found to be significant and no findings are required for this impact. Impact 5.6 - 2: Water supply and delivery systems are adequate to meet project requirements. Impact 5.6 -2 was not found to be significant and no findings are required for this impact. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 3 -14 4.0 STATEMENT OF OVERRIDING CONSIDERATIONS CEQA requires decision makers to balance the benefits of the proposed project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered "acceptable" (State CEQA Guidelines Section 15093 {a]). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (State CEQA Guidelines Section 15093 [b]). The agency's statement is referred to as a "Statement of Overriding Considerations." The following sections provide a description of the each of the project's significant and unavoidable adverse impacts and the justification for adopting a statement of overriding considerations. 4.1 SIGNIFICANT AND UNAVOIDABLE ADVERSE IMPACTS The following adverse impacts of the project are considered significant and unavoidable based on Draft EIR No. 344, the Final EIR, Mitigation Monitoring Program No. 303, and the findings discussed in Sections 2.0 and 3.0 of this document. Air Quality Impact 5.1 -3 Measure 2 -1 through 2 -3 would reduce criteria air pollutant emissions to the extent feasible. However, the effectiveness of these mitigation measures is uncertain and cannot be quantified. Therefore, regional criteria air pollutant emissions impacts would remain significant and unavoidable. Greenhouse Gas Emissions Impact 5.2 -1 Honda Center would need to reduce GHG emissions by 1,819 MTons in order to achieve an efficiency metric of 4.8 MTons per service population. Mitigation Measure 2 -1 through 2 -3 would reduce GHG emissions to the extent feasible. However, the effectiveness of these mitigation measures is uncertain and cannot be quantified. Therefore, GHG emissions impacts would remain significant and unavoidable. Transportation and Traffic Impact 5.5 -1 To assess the traffic impacts associated with the Proposed Project a total of five (5) scenarios under three horizon years were considered, as outlined below: 2011 Baseline Analytical Project Direct Impacts Scenario: 6) 2011 Baseline (No Events) 7) 2011 Baseline with Average Attendance Honda Center Event 5 Average Attendance Honda Center Event is assumed to be an average attendance event or 11,264 seats as described in the September 2, 2011 Notice of Preparation of a Draft Environmental Impact Report No. 344 for Honda Center Enhancement Project. Traffic forecasts are adjusted accordingly from April 6, 2011 event traffic counts. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 4 -1 4. Statement of Overriding Considerations 8) 2011 Baseline with Average Attendance Honda Center Event and Concurrent Angel Stadium Event 9) 2011 Baseline with Project' 10) 2011 Baseline with Project and Concurrent Angel Stadium Event 2013 Opening Year Analytical Impacts Scenario and Near -Term Impacts Scenario: 6) 2013 Opening Year (No Events) 7) 2013 Opening Year with Average Attendance Honda Center Event 8) 2013 Opening Year with Average Attendance Honda Center Event and Concurrent Angel Stadium Event 9) 2013 Opening Year with Project 10) 2013 Opening Year with Project and Concurrent Angel Stadium Event 2030 Future Year Long -Term Impacts Scenario (General Plan Buildout): 6) 2030 Future Year (No Events) 7) 2030 Future Year with Average Attendance Honda Center Event 8) 2030 Future Year with Average Attendance Honda Center Event and Concurrent Angel Stadium Event 9) 2030 Future Year with Project 10) 2030 Future Year with Project and Concurrent Angel Stadium Event Upon completion of the traffic conditions assessment for each scenario above, Project impacts and mitigation were identified through an evaluation of the following three comparisons of with and without Project conditions: 4) No Events vs. Project 5) Average Attendance Honda Center Event vs. Project 6) Average Attendance Honda Center Event and Concurrent Angel Stadium Event vs. Project and Concurrent Angel Stadium Event 4.1.1.1.1.1.1 2011 Baseline Conditions The traffic study determined that five intersections and one freeway ramp are significantly impacted by the proposed project under the 2011 Baseline conditions. Mitigation measures have been identified and proposed for these impacted locations under each of the comparison scenarios and are presented in Table 5.5 -46 of the FEIR. Feasible mitigation has been identified for the following intersections and impacts are mitigated to a less than significant level: • SR -57 Southbound Ramps / Ball Road • Douglass Road / Katella Avenue Impacts were also identified under Comparison 3 at the following intersections: • State College Boulevard / Katella Avenue • SR -57 Southbound Ramps / Katella Avenue • SR -57 Northbound Ramps / Katella Avenue • Douglass Road / Katella Avenue 6 Angel Stadium Event is assumed to be an average Angel Stadium baseball game attendance of 29,402 based on year 2010 season attendance figures provided by the City of Anaheim. Traffic conditions are adjusted accordingly from traffic counts taken for the August 24, 2011 event. ' Project is assumed to be an 18,900 seat sold out capacity condition. Traffic forecasts are adjusted accordingly from April 6, 2011 event traffic counts. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 4 -2 4. Statement of Overriding Considerations Comparison 3 involves simultaneous events at the Honda Center and Angel Stadium. Simultaneous events occurring at Honda Center due to the Proposed Project and at Angel Stadium known as "concurrent events" are anticipated to be infrequent and only occur a limited number of times throughout the year. Although, some of the physical traffic improvements /mitigation listed in Comparison 3 may be considered feasible; the mitigation necessary to maintain acceptable levels of service for Comparison 3 would require substantial right -of -way acquisition and funding, and result in numerous impacts to adjacent private properties and land uses. In addition, these improvements would conflict with the City's General Plan and Platinum Triangle Master Land Use Plan goals and policies to provide a pedestrian- friendly, transit- oriented environment within the Platinum Triangle. As a result, the City of Anaheim has determined that it is economically, socially, and technologically infeasible to implement the mitigation measures associated with Comparison 3. Caltrans Facilities In addition, one additional impact for Comparison 3 was identified the following Freeway Ramp under the jurisdictional control of Caltrans: • SR - 57 Southbound Off - Ramp to Katella Avenue A mitigation measure to mitigate this impact was identified in Table 5.5 -46 of the FEIR. However, as stated above, Comparison 3 involves simultaneous events at the Honda Center and Angel Stadium. Simultaneous events occurring at Honda Center due to the Proposed Project and at Angel Stadium known as "concurrent events" are anticipated to be infrequent and only occur a limited number of times throughout the year. Although, some of the physical traffic improvements /mitigation listed in Comparison 3 may be considered feasible; the mitigation necessary to maintain acceptable levels of service for Comparison 3 would require substantial right -of- -way acquisition and funding, and result in numerous impacts to adjacent private properties and land uses. In addition, these improvements would conflict with the City's General Plan and Platinum Triangle Master Land Use Plan goals and policies to provide a pedestrian - friendly, transit- oriented environment within the Platinum Triangle. As a result, the City of Anaheim has determined that it is economically, socially, and technologically infeasible to implement the mitigation measures associated with Comparison 3. Inasmuch as the primary responsibility for approving and/or completing certain improvements to Caltrans Facilities lies with an agency other than the City of Anaheim (i.e., Caltrans), there is the potential that significant impacts may not be fully mitigated if such improvements are not completed for reasons beyond the City of Anaheim's control (e.g., the City of Anaheim cannot undertake or require improvements outside of Anaheim's jurisdiction or the City cannot construct improvements in the Caltrans right -of -way without Caltrans approval). Consequently, the impact at this location would remain significant and unavoidable. 4.1.1.1.1.1.2 2013 Opening Year Conditions The study determined that the same locations with project impacts under the 2011 Baseline conditions continue to experience project impact under the 2013 Opening Year conditions. Mitigation measures have been identified and proposed for these impacted locations under each of the comparison scenarios and are presented in Table 5.5 -47 of the FEIR. Feasible mitigation has been identified for the following intersections and impacts are mitigated to a less than significant level: • SR -57 Southbound Ramps / Ball Road • Douglass Road / Katella Avenue Impacts were also identified under Comparison 3 at the following intersections: • State College Boulevard / Katella Avenue • Sunkist Street / Ball Road • SR -57 Southbound Ramps / Katella Avenue • SR -57 Northbound Ramps / Katella Avenue EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 4 -3 4. Statement of Overriding Considerations • Douglass Road / Katella Avenue Comparison 3 involves simultaneous events at the Honda Center and Angel Stadium. Simultaneous events occurring at Honda Center due to the Proposed Project and at Angel Stadium known as "concurrent events" are anticipated to be infrequent and only occur a limited number of times throughout the year. Although, some of the physical traffic improvements /mitigation listed in Comparison 3 may be considered feasible; the mitigation necessary to maintain acceptable levels of service for Comparison 3 would require substantial right -of -way acquisition and funding, and result in numerous impacts to adjacent private properties and land uses. In addition, these improvements would conflict with the City's General Plan and Platinum Triangle Master Land Use Plan goals and policies to provide a pedestrian - friendly, transit- oriented environment within the Platinum Triangle. As a result, the City of Anaheim has determined that it is economically, socially, and technologically infeasible to implement the mitigation measures associated with Comparison 3. Caltrans Facilities In addition, one additional impact for Comparison 3 was identified the following Freeway Ramp under the jurisdictional control of Caltrans: • SR - 57 Southbound Off - Ramp to Katella Avenue A mitigation measure to mitigate this impact was identified in Table 5.5 -47 of the FEIR. However, as state above, Comparison 3 involves simultaneous events at the Honda Center and Angel Stadium. Simultaneous events occurring at Honda Center due to the Proposed Project and at Angel Stadium known as "concurrent events" are anticipated to be infrequent and only occur a limited number of times throughout the year. Although, some of the physical traffic improvements /mitigation listed in Comparison 3 may be considered feasible; the mitigation necessary to maintain acceptable levels of service for Comparison 3 would require substantial right -of -way acquisition and funding, and result in numerous impacts to adjacent private properties and land uses. In addition, these improvements would conflict with the City's General Plan and Platinum Triangle Master Land Use Plan goals and policies to provide a pedestrian- friendly, transit- oriented environment within the Platinum Triangle. As a result, the City of Anaheim has determined that it is economically, socially, and technologically infeasible to implement the mitigation measures associated with Comparison 3. Inasmuch as the primary responsibility for approving and/or completing certain improvements to Caltrans Facilities lies with an agency other than the City of Anaheim (i.e., Caltrans), there is the potential that significant impacts may not be fully mitigated if such improvements are not completed for reasons beyond the City of Anaheim's control (e.g., the City of Anaheim cannot undertake or require improvements outside of Anaheim's jurisdiction or the City cannot construct improvements in the Caltrans right -of -way without Caltrans approval). Consequently, the impact at this location would remain significant and unavoidable. 4.1.1.1.1.1.3 2030 Future Year Conditions The traffic study determined that implementation of the proposed project results in significant impact at 25 study intersections, seven study arterial segments, five study freeway weaving segments, and five study freeway ramps under the 2030 Future Year conditions. Mitigation measures have been identified and proposed for all these impacted locations under each of the comparison scenarios and are presented in Table 5.5 -48 of the FEIR. Feasible mitigation has been identified for the following intersections and impacts are mitigated to a less than significant level: • Manchester Avenue (1 -5 Southbound Ramps) / Katella Avenue • Lewis Street / Katella Avenue • State College Boulevard / Gateway Center Drive • Sportstown / Katella Avenue EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 4 -4 4. Statement of Overriding Considerations Chapter 7 of the traffic study contains an extensive review of proposed mitigation and feasibility. For the reasons stated therein, the City of Anaheim has determined that all other proposed mitigation identified in Table 5.5 -48 is infeasible due for the reasons stated Chapter 7 of the traffic study and summarized in Section 5.5.7.1 of this Draft Environmental Impact Report. In addition, Comparison 3 involves simultaneous events at the Honda Center and Angel Stadium. Simultaneous events occurring at Honda Center due to the Proposed Project and at Angel Stadium known as "concurrent events" are anticipated to be infrequent and only occur a limited number of times throughout the year. Although, some of the physical traffic improvements /mitigation listed in Comparison 3 may be considered feasible; the mitigation necessary to maintain acceptable levels of service for Comparison 3 would require substantial right -of -way acquisition and funding, and result in numerous impacts to adjacent private properties and land uses. In addition, these improvements would conflict with the City's General Plan and Platinum Triangle Master Land Use Plan goals and policies to provide a pedestrian- friendly, transit - oriented environment within the Platinum Triangle. As a result, the City of Anaheim has determined that it is economically, socially, and technologically infeasible to implement the mitigation measures associated with Comparison 3. 4.1.1.1.1.1.4 City of Orange Table 5.5 -48 of the FEIR identifies impacts and proposed mitigation at the following City of Orange intersections and segments: • State College Boulevard / Orangewood Avenue • State College Boulevard / 1 -5 Northbound Ramps • State College Boulevard / The City Drive / Chapman Avenue • Katella Avenue / Struck Avenue • Main Street / Katella Avenue • SR -55 Southbound Ramps / Katella Avenue • Katella Avenue - Struck Avenue to Main Street • Katella Avenue - Main Street to Batavia Street • Main Street n - Katella Avenue to Struck Avenue Although recommended, not all identified improvements are feasible due to a number of reasons such as the inability to undertake right -of -way acquisitions as a matter of policy to preserve existing businesses, environmental constraints, or jurisdictional consideration. In addition, although cost estimates have not been completed at this time, it is anticipated that a number of improvements would be economically infeasible due to the anticipated costs of some of the improvements. Inasmuch as the primary responsibility for approving and/or completing certain improvements located outside of Anaheim lies with an agency other than the City of Anaheim (i.e., City of Orange), there is the potential that significant impacts may not be fully mitigated if such improvements are not completed for reasons beyond the City of Anaheim's control (e.g., the City of Anaheim cannot undertake or require improvements outside of Anaheim's jurisdiction). Should that occur, the project's traffic impact would remain significant. Tables 5.5 -48 of the FEIR present mitigation measures identified through analysis of the Proposed Project traffic impacts, including those locations that are expected to remain significant due to infeasibility. Consequently, Impact 5.5 -1 would remain significant and unavoidable. 4.1.1.1.1.1.5 Caltrans Facilities As identified in Impact 5.5 -1, there are several deficiencies to Caltrans facilities. A summary of impacts and mitigation strategies for impacted Caltrans's facilities are shown in Tables 5.5 -46 through 5.5 -48 of the FEIR. Deficient freeway segments within the study area fall under two categories of impacts, (1) project related impacts and (2) cumulative deficiency impacts. Improvements beyond the planned system improvements would be required to maintain an acceptable LOS for the State Highway System. Potential improvement measures would include the addition of one, two, or three lanes to freeway mainline segments. However, capacity improvements to the freeway mainline are not feasible improvement options at a project - level. Caltrans has not identified any further EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 4 -5 4. Statement of Overriding Considerations improvements through a Corridor Study beyond those already assumed in the buildout analysis for I -5 and SR -57, and the City has no control over State facilities. Additional capacity improvements are infeasible due to physical, right -of -way, and other environmental constraints. For example, the expansion of the identified freeway segments would involve significant right -of -way acquisition, which would involve either the acquisition of residences and/or businesses, or this would involve bringing the freeway facilities close to such residences and businesses. Potential improvements to reduce weaving impacts include the implementation of an auxiliary lane within the weaving area to improve operations although this does not satisfy the capacity needs of the corresponding and adjacent mainline segment. Standard capacity improvements, through the addition of one or more lanes on the freeway ramps, will not necessarily result in acceptable ramp operations for ramps that are forecast to operate deficiently. The density of the ramps is influenced by both the mainline and ramp volume, therefore, the traffic on the mainline must be reduced or the capacity of the mainline facility must be enhanced through the addition of an auxiliary lane to improve freeway ramp performance. Although recommended, not all identified improvements are feasible due to a number of reasons such as the inability to undertake right -of -way acquisitions as a matter of policy to preserve existing businesses, environmental constraints, or jurisdictional consideration. In addition, although cost estimates have not been completed at this time, it is anticipated that a number of improvements would be economically infeasible due to the anticipated costs of some of the improvements. Inasmuch as the primary responsibility for approving and/or completing certain improvements located outside of Anaheim lies with an agency other than the City of Anaheim (i.e., Caltrans), there is the potential that significant impacts may not be fully mitigated if such improvements are not completed for reasons beyond the City of Anaheim's control (e.g., the City of Anaheim cannot undertake or require improvements outside of Anaheim's jurisdiction or the City cannot construct improvements in the Caltrans right -of -way without Caltrans approval). Should that occur, the project's traffic impact would remain significant. Tables 5.5 -46 through 5.5 -48 of the FEIR present mitigation measures identified through analysis of the Proposed Project traffic impacts, including those locations that are expected to remain significant due to infeasibility. Consequently, Impact 5.5 -1 would remain significant and unavoidable. 4.2 CONSIDERATIONS IN SUPPORT OF THE STATEMENT OF OVERRIDING CONSIDERATIONS The following section describes the benefits of the project that outweigh the project's unavoidable adverse effects and provides specific reasons for considering the project acceptable even though the Final EIR has indicated that there will be significant project impacts that are infeasible to mitigate. Use of an Existing Facility Reduces Potential Environmental Impacts The Honda Center site is located on approximately 41 acres. Developing a facility with comparable capacity and amenities elsewhere in Orange County would require assembling a site of similar area. Northern and central urban Orange County is nearly completely built out; thus, assembling a site of that size would require demolition of substantial numbers of homes and/or businesses. The DEIR looked at two potential alternative sites include the former Tustin Marine Corps Air Station now known as Tustin Legacy and the Orange County Great Park (formerly Marine Corps Air Station, El Toro). However, both sites have adopted land use plans which do not currently include sites for a 41 acre sports and entertainment facility. Development of a new facility on an alternate site would also result in numerous impacts that would not occur with the Proposed Project. Since the Honda Center is already constructed, development on an alternative site would commit non - renewable resources such as petroleum, wood, concrete and steel, which would not be required for the Proposed Project. In addition, development of an alternative site would result in construction impacts including noise, air quality, greenhouse gas emissions, and traffic. Operational impacts including air quality, noise, greenhouse gas emissions, transportation and traffic, would likely be similar but would occur in a different location and would lack the existing transportation infrastructure located near Honda Center including freeway access and access to transit. Therefore, development of an alternative site would result in greater impacts than those associated with the proposed project. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 4 -6 4. Statement of Overriding Considerations Locates Jobs Growth near Transportation Corridors and Areas Planned for Residential Growth The proposed project concentrates employment growth in a location near areas planned for residential growth and major transportation corridors. Transportation corridors immediately near the project site include I -5, SR -57, and the future Anaheim Regional Transportation Intermodal Center (ARTIC). Implementation of the proposed project would create employment opportunities within wallcing distance of ARTIC, allowing workers who could not afford to live within the Platinum Triangle to commute to work. Thus, the proposed project provides more jobs without the negative effects of increased congestion. Provides Employment Opportunities for Highly Skilled Workers The implementation of the Project will provide employment opportunities for a highly skilled workforce, especially opportunities within the trades and construction industries. As of December 2011, unemployment in the City stood at approximately 10.0 percent and unemployment in Orange County stood at 7.8 percent (Employment Development Department, 2012). California and the United States have faced the most severe recession since the great depression. The construction sector was particularly affected. Implementation of the proposed project will generate approximately 20 temporary full -time and 950 permanent jobs an additional 60 times per year. Fulfills Goals, Objectives, and Policies Outlined in the Economic Development Element of the General Plan The Economic Development Element of the City of Anaheim's General Plan outlines both policy strategies and specific policies aimed at maintaining and expanding the role of major visitor attractions so that they function as engines of the local economy. Implementation of the proposed project would be consistent with the Economic Development Element, particularly the policy below: • Continue to market Anaheim as a business - friendly city and implement the following strategies to promote the City's special activity areas and neighborhoods: (ED 1.1.1) o Market The Anaheim Resort, Angel Stadium of Anaheim, The Grove Theater and the Arrowhead Pond of Anaheim [sic] as major entertainment amenities for local regional and national businesses. o Promote The Platinum Triangle as a unique and special urban place where a wide variety of people come together to work, live, shop and recreate. In general, the proposed project would contribute to the overall vision of the Economic Development Element, including the following goals: • Continue to support and enhance tourism as a driving force in Anaheim's economy. • Retain, expand and diversify the economic base of the City. Implements the Objectives Established for the Project The following objectives have been established for the Honda Center Enhancement project. The implementation of these project objectives is a legal prerogative of the City. • Implement the City's applicable General Plan Goals and Policies including, but not limited to, establishment of the Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades. • Implement the Planning Principles of the Platinum Triangle Master Land Use Plan (PTMLUP). EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 4 -7 4. Statement of Overriding Considerations • Provide additional entertainment opportunities within a mixed -use environment in close proximity to arterial highways, transit systems and pedestrian promenades consistent with regional planning goals and policies. • Approve a zone reclassification for a portion of the project site from the Transition (T) Zone /Platinum Triangle Mixed Use (PTMU) Overlay Zone to the Public Recreational (PR) Zone /PTMU Overlay Zone, so that the zoning is consistent throughout the Project Site. • Increase the number of events at Honda Center including, but not limited to, a possible NBA team. • Implement various improvements to Honda Center to accommodate and enhance current and future additional event activity. • Expand the entertainment sporting options at the Honda Center to continue to position the City as a world class entertainment destination. Conclusion For the foregoing reasons, the implementation of the Honda Center Enhancement project will contribute toward the expansion of a world -class entertainment venue that will create hundreds of temporary and permanent jobs; spur new investment and consumer activity in the City of Anaheim and in the region; and utilize an existing facility rather than construct a new facility, reducing environmental impacts, all of which outweigh the unavoidable environmental impacts. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 4 -8 4. Statement of Overriding Considerations This page intentionally left blank. EIR No. 344 Findings of Fact and City of Anaheim Statement of Overriding Considerations Page 4 -9 5.0 REFERENCES The following reference materials were reviewed to obtain information included in or considered during the preparation of this document. 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Waste Reduction Model (WARM). 5.3 PERSONAL COMMUNICATION Kevin Starkey, Vice President of Operations, Honda Center. 2011, June. Personal Communications and Honda Center Operational Survey. 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