ARA1992-28RESOLUTION NO. ARA92-28
RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY CERTIFYING
THE COMPLETION OF A FINAL SUPPLEMENTAL ENVIRONMENTAL
IMPACT REPORT FOR DEVELOPMENT OF THE PROPOSED ANAHEIM
PLAZA PROJECT, MAKING CERTAIN FINDINGS AND ADOPTING A
MITIGATION MONITORING PROGRAM
WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is
engaged in activities necessary to carry out and implement the
Redevelopment Plan for the Plaza Redevelopment Project Area; and
WHEREAS, the proposed Anaheim Plaza Project is located within
the Plaza Redevelopment Project Area and constitutes an activity
implementing the Redevelopment Plan; and
WHEREAS, a Final Program Environmental Impact Report certified
by the Agency in 1990, addressed the full range of environmental
impacts that could result from implementing the Redevelopment Plan
within the entire Plaza Redevelopment Project Area, including the
Anaheim Plaza Project site; and
WHEREAS, a Draft Supplemental Environmental Impact Report was
prepared for the Anaheim Plaza Project to address the environmental
effects, mitigation measures and project alternatives associated
with the proposed Project; and
WHEREAS, the Supplemental EIR was prepared pursuant to the
requirements of California Environmental Quality Act (hereinafter
"CEQA" Public Resources Code §§ 21000 et seq.), the State CEQA
Guidelines (California Code of Regulations §§ 15000 et seq.
hereinafter "Guidelines") and local procedures adopted by the
Agency; and
WHEREAS, notic~ to all interested persons and agencies
inviting comments on the Draft Supplemental EIR was published in
accordance with the provisions of CEQA; and
WHEREAS, written comments on the Draft Supplemental EIR were
received from the public during the public review period and such
comments were responded to through a response to comments document
and included in the Final Supplemental EIR; and
WHEREAS, the Agency has reviewed all environmental
documentation comprising Final Program EIR and the Final
Supplemental EIR and has found that all environmental effects of
the proposed project have been considered and that the documents
are complete and adequate and fully comply with all requirements of
CEQA and the Guidelines; and
WHEREAS, § 21081 of CEQA and § 15090 of the Guidelines require
that the Agency make one or more of the following findings prior to
approval of a project for which an EIR has been completed
identifying one or more significant effects of the project, along
with statements of facts supporting each finding:
FINDING 1 - Changes or alterations have been required in, or
incorporated into, the project which mitigate or avoid
the significant environmental effects thereof as
identified in the Supplemental EIR.
FINDING 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.
FINDING 3 - Specific economic, social or other
considerations make infeasible the mitigation measures or
project alternatives identified in the Supplemental EIR;
and
WHEREAS, the mitigation measures included in the Supplemental
EIR and the mitigation monitoring program have been designed to
reduce or eliminate the environmental impacts described therein,
have been structured according to the criteria in Section 15370 of
the CEQA Guidelines, and have been drafted to meet the requirements
of Public Resources Code § 21081.6 as monitoring programs; in most
cases herein, the drafting approach defines the following for each
mitigation measure:
·
A time for performance - In each case, a time for
performance of the mitigation, or review of evidence that
mitigation has taken place, is provided. The performance
points selected are designed to ensure that impact
related components of project implementation do not
proceed without establishing that the mitigation is
assured;
·
A responsible party supervising performance - In each
case, a City department is named in the mitigation
measure as responsible for ensuring that the mitigation
is carried out. To guarantee that the mitigation measure
will not be inadvertently overlooked in connection with
the issuance of a later permit;
·
Definition of mitigation - In each case, the mitigation
measure contains the criteria for mitigation, either in
the form of adherence to certain adopted regulations, or
identification of the steps to be taken in mitigation;
and
WHEREAS, ~ 15093(a) of the Guidelines requires the Agency to
balance the benefits of a proposed project against its unavoidable
environmental risks in determining whether to approve the project;
and
WHEREAS, § 15093(b) requires that, where the decision of the
Agency allows the occurrence of significant effects which are
identified in the Supplemental EIR but are not mitigated, the
Agency must state in writing the reasons to support its action
based on the Supplemental EIR or other information in the record;
and
WHEREAS, the Agency, in order to gauge the full scope of
potential environmental impacts, considered alternatives to the
project in the Alternatives to the Proposed Project section of the
EIR.
NOW, THEREFORE, BE IT RESOLVED by the Anaheim Redevelopment
Agency as follows:
Section 1. The Agency hereby certifies the final Supplemental
EIR for the Anaheim Plaza Project as adequate and complete in that
it addresses all environmental effects of the proposed project and
fully complies with the requirements of the California
Environmental Quality Act and the Guidelines.
Section 2. The Agency adopts the Findings with respect to
each environmental effect identified in the EIR and the explanation
of its rationale with respect to each such finding set forth in
that portion of Exhibit "A" entitled "Environmental Effects and
Mitigation Measures."
Section 3. The Agency adopts the Findings with respect to
alternatives set forth in that portion of Exhibit "A" entitled
"Alternatives to the Proposed Project."
Section 4. The Agency adopts the Findings with respect to
overriding considerations set forth in that portion of Exhibit "A"
entitled "Statement of Overriding Considerations."
Section 5. The Agency hereby adopts the Mitigation Monitoring
and Reporting Program for the Anaheim Plaza Project attached hereto
as Exhibit "B" and made a part hereof.
Section 6. Pursuant to Section 7.11.4(c) of Fish and Game
Code, the Agency hereby finds the project to be de minimus in its
effect on the environment. The project is therefore exempt from
fees other wise payable under Section 7.11.4(c).
Section 7. The Agency Staff is hereby directed to file a
Notice of Determination with the Orange County Clerk pursuant to
the provisions of Section 21152 of CEQA.
APPROVED AND ADOPTED by the Anaheim Redevelopment Agency this
15th day of December, 1992.
ATTEST:
SECRETARY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing
Resolution No. ARA92-28 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held
on the 15th day of December, 1992, by the following vote of the members thereof:
AYES: AGENCY MEMBERS: Feldhaus, Hunter, Pickler and Simpson
NOES: AGENCY MEMBERS: Daly
ABSENT: AGENCY MEMBERS: None
AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution
No. ARA92-28 on the 16th day of December, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 16th day of December, 1992.
SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY
(SEAL)
Exhibit A
F I ND i NGS
ENVIRONMENTAL EFFECTS AND MITIGATION MEASURES
Consistent with the requirements of CEQA and the Guidelines,
the Supplemental EIR for the Anaheim Plaza Project discusses
environmental effects in prop~rt~on to their sev,~rity and
probability of occurrence.
The Supplemental ~IR identifies certain potentially -~igni£ic~nt
adverse environmental effects of the pro}act. Tllese effects'
are su~L,~arized below. The Supplements! EIR also identifies
mitigation measures which woul~ reduce o$ eliminate certain
potential adYerse effects. These mitigation measures are set
forth in the document entitled "Mitigation Monitoring
for the Anaheim Plaza Project" which ~s incorporated herein
this reference. The Agency's determination whe[her or not t~
in¢o~po~at~ such mitigation measures and its rotionale for
determination is set forth below. In making these findings, '
the A~ncy has not repeated all of the rationale and databas~
contained in the Supplemental EIR. The Supplem~r%tai EIR is
incorporated herein by reference as if set forth [n full her~in.
Certain POtential significant environmental impacts on earthA
water, population and housing were identified in l:he Initial
Mt~dy b,3t were not evaluatsd in th~ .guppl~mmntal ErR. These
impacts will be reduced to a less than .~ignificant level by
imp]ementatfon of the mitigation measures contained in the
Final Program ErR certified for the Plaza R~d~ve].op~lent ProjSct
in May 1990. The Anaheim Plaza Project is located within th~
Plaza Redevelopment Area and the mitigation measures which w~re
made a part of the Redevelopment Project apply t{] the Anaheim.
Plaza Project. In fact, the Mitigation Monitor~nq Program
the Anaheim Plaza Project identifies those m~t-~L]at~nn measur~
in the Final Program EIR which have been made conditions of
approval for the Anaheim Plaza Project.
Certain cumulative environmental impacts resulting from
development of the Anaheim Plaza Project together' with other ·
development within the entire Plaza Redevelopment Project Area
have a,lso been identified as significant and unavuidable. '.
These 'impacts were evaluated in the Final Program EIR fo~ the
Plaza Redevelopment Project and a statement of Overriding .
Considerations was adopted by the Agency, as the Lead agency,.
for those ~mpacts at the time the Final Program ErR
certified in 1990. As to those cumulative environmental
·
impactS, the previous statement of Overriding Co~lsiderations
incorporated hcr~ir~ by this ~egerenc~ arid ad~ptcad by the
Agency.
Signif~icant £ffects
,
:
ShOrt ~d lun~ t~m lan~uawu impactm may result from
construction and operation cf the pro,eot imcludimg
no~se, drainage and demand for fire protectiom services..
Construction activity may specifically distu£b nearby
residences and school activities. Operation of the project
may r~.~u]t ~n n~se and lioht frnn, deliver-y, activities '
which may affect nearby residents. Project lightin§ may
intrude on residences at niqht.
Mitigation Measures
,
Each of the mitigation measures listed in the Mitigation:
Monitoring Program or the Anaheim Plaza Project under the.'
headin{~ of "Land Use" ~ha]l bm incorporatad a.~
of approval for the p~oject and implemented at the time~nd
by the appropriate responsible agency as set forth in th~
Mitigation Monitoging Program.
E_!gniflcance After Mitigation
Incor[~oration of the mitigation measures as conditions o~
al~proval for the project may mitigate or avoid the
s~gnificant land use impact~ identified in t~e Supplemental
EIR.
AIR QU~L ITY
_~._iqni ~ cant Effect5
,
Temporary air qualit~ impacts will result f~om project
construction activities. These impacts include air
pollutants emitted by construction equipmen't and dust '
generated by .~uch activities. The primar.v soijrc~., o[
long-term air contaminants associated with the proposed
pro~ect is motor vehicle usage. Estimated emissions wil~
exceed 8CAQMD reconzmended thr=mholds. The emissions are
estimated at approximately 3,657 pounds of carbon monoxide,
361 pounds of reactive organic gases, 596 pounds of ox[d~.s
ot nitrogen, and 308 pounds of particulate above the SCA~,MD
daily threshold criteria,
Mitigation Measures
,
Each of tho mitigation m~asures ~isted in the Mitigat{on~
Monitoring Program o~ the Anaheim Plaza Project unde~ the
headin~ of 'Air Quality" shall be incorporated as
conditions of approval for the project and implemented
the time and by the appropriate responsible agency as set
forth in the Mitigation Monitoring Pfogram o
3884Q/2621/00 _~_
_S_~f~nif~cance Afte~ Mitigation
The air quality impacts of the project cannot be. mitigated
on a short or long term basis, impacts will incrementallly
add to pollutant emission in the County and South Coast ~ir
Basin, whicl~ is a federal nonattainment area for several .
pollutant species. Any increase in emissions is,
therefore, consiclerecl significant: and an unavoidable
adverse impact of the project.
CIRCULATION ,
,
Significant ~.£ £ect-~
The development of the proposed project will result in t~e
addition of project [elated traffic' to the a~ea and impaG, ts
eight study intersections in the Plaza Redevelopment
Pr0j~ct Area.
Miti~at ion Measures
Each of the mitigation measures listed 'in -the Mit[gation~
Monitoring ~rogram o~ the Anaheim Plaza P~'oject under th~.
heading of "Air Quality" ~hall be incorporated a~ ·
conditions of approval for the project and imple[~ented
the time and by the appropriate responsible agency as
~O£th in the' Mitigation Monitorlpg Progfal)l.
·
Significance After Mitigation
Upon inGo~po~ation of the mitigation measu['es as conditions
Of approval for the project, no significant impacts to
transportation/circulation will result from imp[ementati0n
es
of the project. (Implementation o£ the mitigation measu~
will result in level of Service D or better' at all eight
study intersections).
3884Q/2 621/00 -3-
ALTERNAT IVES
Four project alternatives to the p~oposed project are discussed
in thu ~uppl~m~ntal CIR. The Agency has reviewed and
considered such alternatives in light of the adverse
environmental effects which may result from the project and tlhe
reduction or elimination of such effects which might be
accomplished by selection of the alternatives.
The alternatives are su~ized below, and specific economic,~
social or other considerations that render such alternatives~
PROJ~CT ALTERNATI V~S
,
No Pro~ect Alternativ~
The "No Project" alternative would r~sult i.n the
maintenance of the project site in its cut'rent state, '
existing buildings and uses would remain on s:ite but the~
impacts caused by the proposed project would not occur at~:
this time. This alternative does not, h~wev~r, preclude ~
its future development in accordance with those planning ~
and zoning standards in existence at the time of permit
issuance.
Wh~le lea~ing the project site ]n ~t~ ew]gt~nq ~tate wou~d
avoid the incremental contribution of traffic, air qualit~y
and land use impacts' absence o~ the proposed project will
not not{ceably {reprove conditions in th= dreu. For
example, while limited capacity exists in the aurround'in~
circulation system at the present time, this project will{
not noticeably affect circulation pattern~ whether
exists or not. In addition, abandoned, obsol.~te and "
unattractive co~ercial facilities would likety continue ~to
exist at the project site. '
Th~ "no project~ ~ltcrnatfve rcpr~c~ts an environmentally
superior altern tire to the proposed act[on, in that under
this alternative no additional environmental impacts wou~d
occur as a result of project activities. Impacts
.
associated with cumulative project activities can, however,
be anticipated to occur, and subsequent site development )
may impose 9reate~ environmental impact~ thorl those impadts
associated with the proposed project.
Reduced Project Scope
Thi~ alternative would consist of developing the propose~
Project, but without the 200-room hotel. Thus the total'
square footage would be reduced from approximately 716,000
.
3884Q/2621/00 -4-
square feet to approximately 541,000 square feet.
Poten~ia~ ~anO usa imp~c~ would remain due tr) constructiion
and operation of other buildings as pzoposed for the
project :ite. However, other environmental iinpacts relaDed
to traffic and 4i~ pollution would b~ t'~duced
proportionately to the reduction in development. T~e
reduction in emissions wou].d not De enough to reduce the~
project impacts on air quality to a less than $'i.~nificant!
level. Therefore, because of the positiv~ econom{c imp~ts
to th,_ City of {nc]~jd~ng th~. 2~0-room hr]tel. :.~nd because'
resulting project impacts are similar for this alternative
and the pro,eot as proposed, the reduced project scope
alternative is rejected.
·
Alternate Location
Under this alternative, a similar retail center could be :
located in the City's downtown area in the vicinity of
Hall. The selection of an alternate location would mean!
that no benefits associated with redevelopment improveme
would be undertakcn within the Plaza Redcvclopment
Area. Resulting impacts at the alternate location would ibc
significant and the alternative would not be the basic
objectives of the proposed projec~ within tnt Flaza Project
Area. The alternate location doe.q not have freeway
v~sibil~ty necessary for the economic viab-i[~ty of the
proposed promotional shcpping center. Fo~ these reasons,'
the alternate location j$ rejected.
3884QI2621/00
Revised Site Plan
Un~r lihi~ al~erna~iye, ~00,000 -~qu~£u f~ut ~.~f testauran~
space would be built in place of the hotel .is proposed.
Thi.~ would reduce the total square footage o~' the proSocti
and, correspondingly, reduce the environment~[ impacts.
~owever, this alternative would continue t6 have an
unax;oidablo significant impact on ai.r q~;t [ i tM'. l'n fa~.t,
the impact would he greater than that of the proposed
project or any other alternative. Because t;h'[$ alternative
is projected to ~enerate approximately 350 additional
du:ring th, p.m. peak hour, or 17% more than the proposed!
projeck, some of the eight study intersections ma~ not b~
milri~able to LOS D for level of service D or Better unde~
this alternative, g~cause the environmental, impacts of
th~s alternativ~ are ~reater than that o£ the. proposed
project, this alternative i~ rejected..
·
STATEMENT OF OVERRIDING CONSIDERATIONS
The Agency finds that the mitigation measures listed in the
Mitigation Monitu,.'i[~g [~&'ug~m will, when implcm~nt:~, mitigat~
or substantially reduce most o[ the significant env[['onmen~al
effects identified in th~ Final EIR. Nonetheless, certain
significant environmental impacts o[ the project ~re
unavoidable, even afte[ ~ncorporation of all. feasible
mitiqagi, on meamur.~.~_ Fc~r such effects, the A~enc¥ has balanced
the benefits of th~ project against such unavoidable
environmental r~_sks in its appt'ovsl. The unavoidab'~e impacts
a~oclat~d with th~.~ project
Short term air quality impacts resulting from
construction activities generating
construction-related emissions.
- Long term air quality impact~ resulting £rom
generation of air pollutant emims~ons, primarily by'
khc v~hiclem of the project customers and einploye~s.:
In this regard, the City Council h~r~by finds that al1 leaseD!lc
mitigation measures identified in t~e Supplemental EIR have
been and will be imp[¢m~nted with the project, and t:hat any
si0nificant unavoidable effects remainin~ are acceptable due Ito
the following ~p¢cific economic, social and other
considerations, based upon the facts set forth above, in the'
Final Supplemental EIR and in the public recot-d r~f th~
consideration of this project, as follows-
·
~
The proposed project will provide jobs, shopping an~
entertainment opportunitfes and w[l[ also reduce th~
number and length of vehicular trips. '.
Development of the proposed project will serve to
implement a Negotiation Agreement between the '
applicant and the City of Anaheim ReOeve,[opment Ager~cy.
The project will remedy, remove and prevent physica~
blight and economic obsolescence in the Plaza '
Redevelopment Project Area.
The pro~ect will expand the com[ner, cial and resident'~al
base of the community through assisting and promoting
n~w and continuing private sector inv~.stment.
~
The p[oject will address environmental deficiencies
including substandard vehicular cicculation systems~
~we~ and ~torm drainage ~y~tems, and other similar
public improvements.
3 884Q/2 62 1/00 - 6- '
The project will recycle and/or develop underutilize~
parcels to accommodat~ high@r and b~tt~r ~eonomic us~s
thereby improving the £inancial viab~]~ty of the :
Gommunity as a whole.
9884Q/2621/00 -7-
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