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ARA1990-20RESOLUTION NO. ARA90-20 A RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY CERTIFYING THE COMPLETION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PLAZA REDEVELOPMENT PROJECT WHEREAS, the Anaheim Redevelopment Agency (the "Agency") has prepared an Environmental Impact Report (the '"EIR") on the Redevelopment Plan for the Plaza Redevelopment Project (the "Project") pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ["CEQA"]), the Guidelines for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000, et seq., [the "State EIR Guidelines"]), and procedures adopted by the Agency relating to environmental evaluation of public and private projects; and WHEREAS, between February 15, 1990 and April 6, 1990, the Agency notified, with a Notice of Completion, all City agencies, other public agencies and any interested private organizations and individuals, that the Draft EIR was complete, and sought the comments of such persons and agencies; and WHEREAS, the Draft EIR was thereafter revised and supplemented to adopt changes suggested, to 'incorporate comments received during the public review period, and to provide the Agency's and City of Anaheim's ("City") response to said comments, and as so revised and supplemented, a Final EIR has been submitted to the Agency; and WHEREAS, a public hearing was held by the Anaheim Redevelopment Commission on March 14, 1990, for the sole purpose of soliciting comments to the Draft EIR relating to the Project, following notice duly and regularly given as required by law, and all interested persons expressing a desire to co~,ent thereon or object thereto have been heard, and the Final EIR and all comments and responses thereto having been considered; and WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented to incorporate all comments received during the public review period and the response of the Agency and the City thereto. NOW, THEREFORE, BE IT RESOLVED by the Anaheim Redevelopment Agency as follows: 1. The Agency hereby certifies that the Final Environmental Impact Report for the Project is adequate and has been completed in compliance with CEQA, the State EIR Guidelines and local procedures adopted by the Agency pursuant thereto, and that the Agency has reviewed and considered the information contained in the Final EIR. 2. The Agency has evaluated all comments, written and- oral, received from persons who have reviewed the Draft EIR. 3. The Agency hereby makes and adopts the Findings of Fact and Statement of Overriding Considerations R~lating to the Environmental Impact of the Plaza Redevelopment prOject as set forth in Exhibit "A" attached hereto and incorporated by this reference (including without limitation the mitigation measures therein set forth). Based on such Findings of Fact and Statement of Overriding Considerations, the Agency hereby finds that significant environmental effects have been reduced to an acceptable level in that all significant environmental effects have been eliminated or substantially lessened except for the following: 1) the Project will result in cumulative adverse impacts on air quality in the South Coast Air Basin region; 2) The Project will result in adverse short-term construction noise impacts; 3) the Project will result in an increased land use intensity and land use conflicting with adjacent uses; 4) the Project will result in the displacement of existing residents and hotel occupants; 5) the Project, along with other existing and planned development in the-vicinity, will have a significant cumulative adverse impact on traffic conditions; and 6) the Project will place an additional burden on an existing shortage of parks and recreation facilities. Based on the foregoing, the Agency finds and determines that the Project will have a significant effect upon the environment. 4. The Agency hereby adopts the Mitigation Monitoring Program in Exhibit "B" attached hereto and incorporated by this reference. 5. As to each of the significant environmental effects identified in Section 3 of this Resolution which are not eliminated or substantially lessened, the Agency hereby adopts the Statement of Overriding Considerations in Exhibit "A" attached hereto. 6. The City Clerk is hereby directed to file a Notice of Determination with the County Clerk of the County of Orange pursuant to the provisions of Section 21152 of the Public Resources Code and the State EIR Guidelines adopted pursuant thereto. 05/22/90 9819n/2621/001 2 PASSED and ADOPTED by the Anaheim Redevelopment Agency on this 22nd day of May , 1990. ATTEST: Agency Secretary ANAHEIM REDEVELOPMENT AGENCY, a· public body corporate and politic 05/22/90 9819n/2621/001 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA90-20 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 22nd day of May, 1990, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution on the 23rd day of May, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 23rd day of May, 1990. sECRETARY OF TH'~ ANAHEI~ RE T AGENCY ( SEAL) EXHIBIT A FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATING TO THE ENVIRONMENTAL IMPACTS OF THE PLAZA REDEVELOPMENT PROJECT I . FINDINGS CONCERNING THE SIGNIFICANCE OF SPECIFIC ENVIRONMENTAL IMPACTS IDENTIFIED IN THE FINAL E1R. EARTH. A· Environmental Impacts. The Project will result in grading for building site and excavations for utilities and street improvements. The Project Area soils have been identified by the U.S. Soil Conservation Service as being suitable for grading and development, although some inherent soil limitations exist and may require additional engineering and design consideration to provide adequate levels of safety and reduce this impact to a level considered to be less than significant. Erosion of barren rock and soil surfaces uncovered during grading and excavation could occur.. Any such erosion would be very minor, due to the flat- topography of the Project Area and the relatively small amount of exposed rock or soil surfaces expected. This impact is considered to be less than significant. Because of increased population due to new employment opportunities and residential units in the Project Area, the proposed Plan will result in exposure of additional people to ground shaking fr~,~' an earthquake in the immediate area. The potenti~~ ground shaking would be expected to be similar throughout the region in the event of an earthqu~~ and no unique or unusual risk is posed by the proposed Project. Demolition or rehabilitation of older structures within the Project Area, and the construction of new buildings can reduce seismic hazards. All buildings will be constructed or rehabilitated to seismic standards. B. Mitigation Measures· i · Soil and geologic studies will be required for development on an individual basis and deficiencies corrected, if necessary. · C · · · · Any grading shall be scheduled to begin as soon after April 15 (the end of the rainy season) as possible in order to minimize erosion potential. Straw or other suitable materials shall be placed over uncovered soils, as needed, during cons%ruction activities to reduce erosion potential. Temporary culverts, ditches, catch basins, dams and settling ponds shall be installed where needed during construction activities to maintain drainage flows and to collect exceSs water and sediments flowing out of construction sites. Sediments collected shall be disposed of at a Class II or Class III disposal site. · Ail construction and development within the Project Area shall be in compliance with applicable City and State statutes, codes, ordinances and regulations. Findinq of Significance. The Agency finds that incorporation of the above mitigation measures as conditions of approval of the Project and as incorporated in the agreements concerning development of the Project will reduce the potential soil and geological impacts of the Project to a level of insignificance. AIR QUALITY. A. Environmental Impacts.. Project-related air pollution emissions come from three principal sources: on-site combustion of natural gas for space heating, water heating and cooking; local and regional emissions from vehicles traveling to and from the Project site; and combustion of fuels at power plants to produce electrical power used on the Project site. The proposed Project will result in increased traffic volumes on local streets. The two school sites within the Project Area (Gilbert East High School and Price Elementary) are considered sensitive receptors in terms of air pollution. Also, Gilbert East High School is located along the I-5 freeway frontage, an area with existing high concentrations of air pollution emissions. 05/22/90 9611n/2621/001 - 2 - B · Project-related traffic will contribute to carbon monoxide concentrations by 28 to 95 percent at 45 feet from the centerline of Loara Street for an eight-hour period. These are considered maximum concentrations based on data provided by the South Coast Air Quality Management District ("SCAQMD"). However, Anaheim is currently a non-attainment area for carbon monoxide concentrations. Project-related traffic by itself will not exceed eight-hour standards for carbon monoxide concentrations. Cumulatively, the Project could contribute to the exceeding of the State standards for eight-hour carbon monoxide concentrations. The estimated emissions from the Project at buildout exceed the SCAQMD's suggested threshold criteria for determining significance for carbon monoxide, nitrogen dioxide, particulates, and reactive organic gases and are therefore considered significant adverse impacts. Construction activity will result in significant . adverse impacts on local air quality. Construction emissions include dust and gaseous emissions from site clearance and grading, combustion of fuels from heavy equipment, and exhaust emissions from workers' vehicles traveling to and from the site. Heavy equipment expected on-site during a typical day will include compactors, backhoes, tractors, and graders. This equipment generates smoke, ~fuel pollutants (gasoline or diesel) and odors. Grading will result in airborne dust from disturbed soil. Although construction impacts are considered adverse and significant, they are recognized as short-term impacts and, in the case of this Project, construction will be gradual and take place intermittently over a period of years. Mitigation Measures· i · Representatives of the Redevelopment Agency shall meet with school officials if construction takes place adjacent to the school sites. The purpose of these meetings will be to develop project-specific mitigation measures that will minimize air quality impacts of construction on the schools. If feasible, project-specific mitigation measures shall include, but shall not be limited to, watering the site during grading, rerouting of construction-related vehicles, and restrictions on construction activities by time of day and time of year. 05/22/90 9611n/2621/001 - 3 - · · · · · · Ail developments within the Project Area with more than 100 employees are required to comply with the provisions of SCAQMD Regulation XV (Mandatory Ridesharing for employers employing ~ more than 100 persons). This measure will be implemented by the $CAQMD. Ail developments in the Project Area are subject to the Air Quality Management Plan (AQMP), particularly regarding Transportation Demand Management (TDM) programs. A TDM plan for new developments shall include, but not be limited to, design considerations to encourage ridesharing, transit use, park and ride facilities, as well as bicycle and pedestrian circulation. Each developer shall propose transportation system measures (TSM) in order to address this concern including, if feasible, a park and ride/transit facility. Ridesharing and transit service from Anaheim could be coordinated with. the establishment of a transit center/park and ride facility. A transit area would include a bus staging area with concrete pads, a lighted, sheltered waiting area, public telephones and a kiosk containing bus schedules and transit information. Vehicles that could uSe this depot would include public transit, dial-a-kide services and the City shopper van. The park and ride lot would be directly adjacent from the transit area and would offer parking and rendezvous points for carpool and vanpool participants. If feasible, the following additional TSM measures shall be required: installation of bicycle racks, parking lot configuration designed to provide incentives for carpools and vanpools, and adequate sidewalks and access ways to encourage and facilitate pedestrian uses. Adequate watering techniques will be used to partially mitigate the impact of construction-generated dust. Construction equipment will be properly maintained and serviced to minimize exhaust emissions. 05/22/90 9611n/2621/001 - 4 - · C · , Ail new development shall meet or exceed Title 24 building standards for energy efficiency. Findinq of Significance. The Project is expected to make a substantial contribution to regional air pollution levels, which cannot be mitigated to a less than significant level. The cumulative air quality impacts of the Project and other development in the South Coast Air Basin are significant and will only be'partially mitigated by implementation of the above measures. Although the above mitigation measures shall be required to be implemented in the conditions of approval for the Project and in the agreements concerning development of the Project, the Agency adopts a Statement of Overriding Considerations with regard to the cumulative air quality impact of the Project (see Statement of Overriding Considerations below). HYDROLOGY. A. Environmental Impacts. Although the Project Area is already substantially covered by impervious surfaces, the additiOnal impact of new development on total runoff from the' Project Area is considered adverse. Subsequent Project-specific impacts to the drainage system will be determined on a case-by-case basis, as specific development plans become available for review, since some existing drainage facilities are deemed inadequate. B. Mitigation Measures· · The Redevelopment Agency shall fund a master study of the drainage system serving the Project Area. This preliminary master drainage study will be completed before any new development is permitted to be built within the Project Area. Necessary improvements identified through the study shall be funded by the Redevelopment Agency, the City or project developers through tax increment funds, development fees, or other measures. Any development approved prior to completion of improvements shall be required to participate in funding the improvements. New developments approved for construction prior to completion 05/22/90 9611n/2621/001 - 5 - · · · · of the areawide master plan of drainage containing an area of 100,000 square feet or less of impermeable surfaces are deemed by the City Engineer to be a negligible impact upon the existing drainage system. A final detailed hydrology study shall be prepared for each proposed development within the Project Area. This report will be subject to the review and approval of the City Engineering Department and shall include (but not be limited to) the following information' existing and proposed discharges into the drainage system; existing capacity compared to projected discharge; an assessment of the system serving the site; and a site drainage plan, including a plan for management of drainage during construction and until master plan improvements have been completed. Building permits shall not be issued unless drainage plans have been approved, and certificates of occupancy shall not be issued until drainage improvements, including master plan improvements required to provide adequate drainage of the Project Site, have been completed to the satisfaction of the City Engineer. Ail new development approved in the Project Area prior to completion of the drainage study shall be required to provide on-site detention as approved by the Public Works Department for the 10-year design storm resulting from the Project. Due to the detention requirements having the possibility of increasing the peak 100-year design storm, the hydrology study shall analyze the detention to see the effects of the delay to the time of concentration of the 100-year peak storm discharge. The City and the Agency shall be responsible for local storm drains, local channels and appurtenant facilities and site drainage which are not owned by the Orange County Flood Control District. The City shall be responsible for flood plain zoning within City boundaries in accordance with Federal Emergency Management Agency regulations. 05/22/90 9611n/2621/001 - 6 - · C · · The City and the Agency shall submit plans and specifications of any development adjacent to Orange County Flood Control District facilities to the District for its review. · The City and the Agency shall prepare an updated master plan of drainage, and shall send such plan to the Orange County Flood Control~ District for its review. Findinq of Siqnificance. The Agency finds that implementation of the above mitigation measures as conditions of approval and of inclusions in the agreements concerning development of the Project will eliminate any significant impacts on hydrology and drainage. NOISE. A. Environmental Impacts. Construction Noise. Noise generated by construction activities will have significant short-term impacts .on surrounding land uses. These impacts will end once construction is completed and, in the case of the proposed Project, will take place over a period of years in different parts of the Project Area. The two schools in the Project Area (Gilbert East High School and Price Elementary), may be adversely affected by construction noise. Because of their short-term nature, these impacts are considered adverse but not significant. Construction of the following improvements could adversely affect the two schools in the Project Area: installation of underground utility lines under Loara Street from North Street to Broadway, and under Crescent Way from Mueller Street to Lincoln Avenue; installation and upgrade of water lines in Crescent Avenue from Mueller Street to Loara Street, and in Loara Street from the I-5 freeway to Lincoln Avenue; upgrade of sewer lines'on Crescent Avenue; construction and upgrade of storm drains along Crescent Avenue; widening of Crescent Avenue; widening and reconstruction of Crescent Way from Lincoln Avenue to the Southern Pacific Railroad tracks; widening and reconstruction of Loara Street from Broadway to Carbon Creek Channel; widening and reconstruction of Loara Street from Lincoln Avenue to Crescent Way; widening and reconstruction of North Street at Loara Street; resurfacing of 05/22/90 9611n/2621/001 - 7 - Westmont Drive east of Loara Street; construction of a parking structure in the northern portion of the Project Area; construction of a community center. Traffic associated with developments in the Project Area will not generate a significant overall increase in noise levels. New development is anticipated to generate a total of up to 97,716 daily vehicle trips at buildout. Project-generated traffic, plus future traffic from other development in the vicinity, will increase noise levels from one to four decibels near area streets. TSese increases are considered neither adverse nor significant because they are imperceptible to the typical human ear. Mechanical equipment serving proposed development, such as rooftop central air conditioning and ventilation systems, will result in slight increases in noise. Standard construction and safety requirements for installing and maintaining building equipment will minimize potential noise impacts. Therefore, building noise impacts are considered neither adverse nor significant. Mitigation Measures. The City shall require, if feasible, that construction activities that would affect operation of Gilbert East High School and Price Elementary will take place during hours when the schools are not in session. If construction that would affect Gilbert East High School and Price Elementary must occur while school is in session, a Redevelopment Agency employee, the developer, contractor, and a school official shall meet to determine Project-specific measures to minimize noise impacts on the school. These measures may include, but are not limited to: construction equipment and worker vehicle access points away from school property, limitations on hours of operation of certain equipment, and the installation of solid wood fencing on the perimeter of development sites adjacent school property. · Ail building mechanical equipment will be enclosed, screened, or otherwise designed to minimize noise impacts on neighboring noise-sensitive land uses. 05/22/90 9611n/2621/001 - 8 - , C . · · Ail applicable State of California Noise Insulation Standards shall be followed in new residential construction. This measure shall be implemented through the City's normal building permit process. Ail development within the Project Area will comply with the City Noise Ordinance. Findinq of Siqnificance. The Agency finds that the long-term noise impacts of the Project are insignificant. However, short-term construction noise impacts are significant and cannot be fully mitigated. Implementation of the above mitigation measures as a condition of approval and as incorporated in the agreements concerning development of the Project will partially mitigate the short-term noise impact, but a Statement of Overriding Considerations has been adopted (See Statement of Overriding Considerations below). LIGHT AND GLARE. A. Environmental Impacts. Individual Projects developed in the area will include lighting for parking, security, exteriors, and interiors for commercial, office, and industrial uses. Since the Plan calls for additional development in the area, increased lighting will result. Spillover of commercial lighting may have an adverse impact on adjacent residential properties both within and without the Project Area. Glare from buildings constructed of reflective materials may also have an adverse impact on adjacent residential properties. B. Mitigation Measures. · The Agency and City design review shall include review of lighting plans to ensure minimal spillover and glare. · Exterior lighting for each Project adjacent to light sensitive uses shall have fixtures that are shielded and/or directed away from neighboring sites to eliminate spillover onto neighboring sites. · Where required, building materials shall be non-reflective. 05/22/90 9611n/2621/001 - 9 - · C · · Where residential properties are affected by commercial and/or industrial development within the Project Area, the non-residential development shall provide a landscape buffer sufficient to shield the residences from light and glare effects. · Where residential properties are affected by adjacent non-residential development, architectural, landscape and site plans of the non-residential development shall be prepared to minimize visual impacts to the'adjacent residences. Findinq of Siqnificance. The Agency finds that implementation of the above mitigation measures as conditions of approval and as inclusions in the agreements concerning development of the Project will eliminate any potentially adverse light and glare impacts, both within and outside the Project Area. LAND USE. A. Environmental Impacts. The proposed development is consistent with the General Plan; however, some proposed alternative land uses within the Project Area are not consistent with the General Plan, and will require a General Plan Amendment. At buildout of the Plan, there is estimated to be approximately 4,038,494 to 4,471,290 square feet of net new development, a 98 to 116 percent increase over existing conditions. Although this is a significant increase in land use intensity, the new development will achieve the goals and objectives of the Plan which include the elimination and prevention of blight. The increased development may result in land use conflicts between residential and institutional (school) uses that abut the Project Area and commercial/industrial uses within the Project Area. These conflicts would include increased traffic and noise, particularly during construction, loading dock noise, loss of privacy, construction, and loading dock noise, loss of privacy, and aesthetic concerns. However, the high school, with its frontage along the freeway, has an existing land use conflict. Potential land uses adjacent to the schools and residences include residential, 05/22/90 9611n/2621/001 - 10 - · commercial and office. Secondary land use impacts may also result, in that increased employment opportunities may increase demand for housing in the City, and improved freeway access to the Area may encourage new commercial and office development near the Project Area. Mitiqation Measures. If alternate land uses are proposed which conflict with the General Plan, a General Plan Amendment will be required. 2 Ail new non-residential development which may affect adjacent residential development and Project Area schools shall be designed to minimize land use conflicts and minimize impacts of noise or light on the residences. These design considerations may include, but shall not be limited to, fencing, landscape buffers building placement, placement of building openings and vehicular circulation, and location of parking facilities. Other mitigation measures that relate to land use are included in the discussion of impacts on noise, population and light and glare. Other mitigation measures that relate to land use are included in the discussion of impacts on noise, population and light and glare. C. Findinq of Siqnificance. The Agency finds that the impact of increased development intensity provided for in the Plan is significant and cannot be fully mitigated. Implementation of the above mitigation measures as a condition of approval and as incorporated in the agreements concerning development of the Project will partially mitigate the land use impact, but a Statement of Overriding Considerations has been adopted (See Statement of Overriding Considerations). RISK OF UPSET. A. Environmental Impacts. Risk of upset includes the potential for explosions or release of hazardous substances in the event of accident or upset conditions. The risk of upset is not expected to result in potentially significant effects. 05/22/90 9611n/2621/001 - 11 - B. MitiGation Measures. C · None. Finding of SiGnificance. The Agency finds that no significant risk of upset is expected to result from the Project. POPULATION. A. Environmental Impacts. At buildout, the Project Area could have 274 to 519 dwelling units. Assuming an average household size of 2.7, the resident population of the Project Area could be between 740 and 1,402, less than one percent of the City's current population. Of this population, some are assumed to be of school age. The net increase in the employee population could range from approximately 2,600 to 3,200 at buildout. This is a substantial increase, but will occur over the life of the Plan (up to 35 years). However, this is considered an adverse impact, since Anaheim is in an area with high housing costs, and a proportion of~the potential employees will be unable to afford market rate housing and will be forced to commute long distances from home to work. The increased population generated by this Project as a result of the proposed uses will result in higher levels of traffic and increased demand on municipal, institutional and governmental agencies. B. Mitiqation Measures. · The Anaheim City School District will levy school impact fees on development within the Project Area, as prescribed by AB 2926. The District presently charges the currently maximum allowable fees, which are $1.56 per square foot of residential development and $0.26 per square foot of commercial/ industrial development. The Anaheim Union High School District and the Anaheim City School District will split the fees. These fees will be adjusted annually to reflect inflation. The district will also receive State funding for school construction based on enrollment projections. · Each residential development shall be required by the City to pay in-lieu fees or provide a 05/22/90 9611n/2621/001 - 12 - . · · · · · land dedication for parks. If a development involves more than 50 dwelling units, a land dedication instead of fees may be allowed, at the discretion of the Department of Recreation and Community Services. The in-lieu fees shall be used for improvements to existing parks and community centers, and for property acquisitions for additional facilities. A community center shall be provided in the Project Area. Planning, construction and .administration of the community canter shall be under the auspices of the City Departments of Recreation and Community Services. The Redevelopment Agency shall fund up to $500,000 of the cost of such center. Transportation of hazardous materials and wastes to and from either users or generators within the Project Area shall be along routes identified in the Orange County Hazardous Waste Management Plan. Ail hazardous waste shall be disposed of using required federal and state procedures. Ail new development in the Project Area shall provide for and require recycling of paper goods, cans, glass and other recyclable materials, where feasible. Ail yard waste shall be used for mulch or compost, where feasible. Businesses shall be required to use nondisposable, reuseable items, if feasible. Businesses in the Project Area shall be encouraged to use recycle paper and packaging where feasible. 10. The sanitary sewer system will be upgraded as described in the discussion of environmental impacts of Public Improvements. 11. Each individual development shall have a sewer study which must be reviewed and approved by the City Engineering Department. This study shall include, but not be limited to, the following information: existing and projected wastewater flows; existing system capacity as measured by flow meters over a period of seven 05/22/90 9611n/2621/001 - 13 - days; mitigation measures such as !ow-flow showers, ultra-low-flush toilets, or offsets in other projects which reduce %he total volume and load strength of effluent entering the County system; and if needed, mitigation measures to upgrade existing sewer lines. Building permits shall not be issued until such a study has been approved by the City Engineer. Certificates of occupancy shall no% be issued until improvements have been constructed and accepted by the C~ty. 13. State laws will be enforced requiring water-efficient plumbing fixtures including low-flush toilets and showers in new structures. 14. Sections of Title 20 and Title 24 of California Administrative Code regarding water consumption and conservation will be enforced. 15. The City Municipal Code prohibits irrigation water from flowing onto public sidewalks or streets. 16. All new development in the Project Area shall contribute to the conduct of an areawide drainage study to identify needed drainage improvements to serve the Project Area. All new developments shall contribute to the construction of needed facilities identified by such study. New development approved for construction prior to completion of the areawide drainage study shall not exceed a total of 25,000 square feet gross floor area or result in coverage of more than 100,000 square feet of land by impervious surfaces. 17. If development fees are insufficient to fund the needed drainage study in a reasonable period of time, the Redevelopment Agency shall enter a reimbursement agreement with the City for conduct of the study and reimbursement from developer fees. 18. Ail new developments approved in the Project Area prior to completion of the drainage study shall be required to provide onsite detention as approved by the Public Works Department for the increment in 10-year storm flow resulting from the Project. 05/22/90 9611n/2621/001 - 14 - C · 19. Ail development shall use drought resistant plant materials for landscaping, if feasible. 20. Ail non-turf landscaping shall be watered with drip irrigation systems, if feasible. 21. Public improvements proposed as part of the Redevelopment Plan shall include improvements to the water transmission system, as set forth in the discussion of environmental impacts of the Project on ~housing. 22. The Agency shall encourage employees within the Project Area to hire local residents, where feasible. Findinq of Siqnificance. The Agency finds that implementation of the above mitigation measures as a condition of approval for the Project and as incorporated in the agreements concerning development of the Project will mitigate the potential impacts of the Project on population to a level of insignificance. HOUSING. A. Environmental Impacts. The proposed Redevelopment Plan could result in the development of between 274 and 519 dwelling units. A mix of single and multiple-family units are proposed, with opportunities for both owners and renters. The housing will also be designed to accommodate a range of income types, including low and moderate income households, as required by California Community Redevelopment Law. Proposed development in the Project Area will result in the removal or demolition of the existing residential unit, the motels, and relocation of the occupants in order to allow additional development and intensification of the area. All residents and long-term motel occupants affected by removal or demolition of these units will be assisted and compensated as required by State Law. However, this is considered a significant adverse impact. Development will also bring tax increment revenue to the Project Area, at least 20% of which must be used to increase or improve the City's supply of very low- to moderate-income housing. Implementation of the proposed Project would result in increased 05/22/90 9611n/2621/001 - 15 - · employment in the Project Area (an estimated 2,600 to 3,200 new jobs at Project Area buildout) and would create a need for additional housing to accommodate the anticipated increase in population. Some proportion of these employees could be expected to already reside within a reasonable commuting distance of the Project Area, within and outside of the City of Anaheim. Mitiqation Measures· i · Low and moderate-income household~ and long-term motel occupants within the Project Area shall not be displaced unless and until there is suitable housing available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. Such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary, and otherwise standard dwellings. The Agency shall not displace such persons or families until such housing units are available and ready for occupancy. The cost of the replacement housing shall be comparable to the household's housing costs at the time of displacement. · Permanent housing facilities shall be made available within three years from the time occupants are displaced. Pending the development of such facilities there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. · The Redevelopment Agency shall make relocation payments and provide assistance with reestablishment and replacement of housing as required by law to households, long-term motel occupants and business operators displaced from property within the Project Area. , At least 20 percent of the tax increment from the Project Area shall be used by the Redevelopment Agency to increase or improve the City's supply of very low, low and moderate income housing, unless the appropriate findings are made. 05/22/90 9611n/2621/001 - 16 - · · · · · At least 30 percent of all new or rehabilitated dwelling units developed by the Redevelopment Agency shall be available and affordable to those of low or moderate income, and 50 percent of these dwelling units shall be available to very low income households. At least 15 percent of all new or rehabilitated dwelling units developed by entities other than the Redevelopment Agency shall be available and affordable to low and moderate income households, and 40 percent of the~e dwelling units shall be available to very low income households. Whenever dwelling units housing persons and families of low and moderate income are destroyed or removed from the low and moderate-income housing market as part of a redevelopment project, the Agency shall, within four years of the destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed or constructed, for rental or sale to persons and families of low or moderate income, an equal number of replacement dwelling units at affordable housing cost within the territorial jurisdiction of the Agency. The Agency shall require that the aggregate number of replacement dwelling units and other dwelling units rehabilitated, developed, or constructed remain available at affordable housing cost to persons and families of low income, moderate income, and very low income households, respectively, for the longest feasible time, as determined by the Agency, but for not less than the period of the land use controls established in the Redevelopment Plan, except to the extent a longer period of time may be required under other provisions of law. If land on which those dwelling units are located is deleted from the Project Area, the Agency shall continue to require that those units remain affordable as specified in the previous sentence. Not less than 30 days prior to the execution of an agreement for acquisition of real property, or the execution of an agreement for the disposition and development of property, or the execution of an owner participation agreement, 05/22/90 9611n/2621/001 - 17 - 10. C · which agreement would lead to the destruction or removal of dwelling units from the low and moderate-income housing market, the Agency shall adopt by resolution a replacement housing plan. For a reasonable time prior to adopting a replacement housing plan by resolution, the Agency shall make available a draft of the proposed replacement housing plan for review and comment by other public agencies and the general public. Finding o~ SiGnificance. The Agency finds that the impact of the Project on housing demand is mitigated to less than a significant level by implementation of the above measures as conditions of approval and as incorporated in the agreements concerning development of the Project. However, the potential impact to existing residents and hotel occupants of displacement and relocation is only partially mitigated and remains significant. The Agency adopts a Statement of Overriding Considerations with regard to such impact (See Statement of Overriding Considerations below)~ TRAFFIC/CIRCULATION. ae Environmental Impacts. The Final EIR evaluates two development scenarios for the Redevelopment Project Area: buildout under the preferred alternative ("Project A") and buildout under the current General Plan ("Project B"). Project A would devote 11 acres to residential uses, 210 acres to all commercial uses, including 181 acres to retail/service, 5 acres to hotel/motel and 27 acres to office, 11 acres to community facilities, and 114 acres to streets and freeways. Project B would devote 17 acres to residential uses, 213 acres to all commercial uses, including 99 acres to retail/service, 8 acres to hotel/motel and 103 acres to office, 8 acres to community facilities and 114 acres to streets and freeways. These two development scenarios provide a range of the amount and type of development that could occur in the Project Area during the life of the Plan. Actual buildout is expected to fall somewhere within this range. P:'oject A would involve less residential and office development than Project B. Project B would result in the potential for approximately 365,000 more square feet of development than Project A. 05/22/90 9611n/2621/001 - 18 - These two alternatives are discussed separately in this discussion of traffic/circulation because they would have different impacts on traffic and circulation. (Because the environmental impact on all other areas of impact would be substantially the same, the two alternative development scenarios are not discussed separately in those sections of this document.) Because the primary regional access facility (I-5) passes through the Project Area, the primary traffic impacts from the Rroject can be expected to occur within the Redevelopment Area itself. Outside the Project Area, Euclid Street and Lincoln Avenue can be expected to incur the most significant impacts of Project traffic. With development of Project A, three intersections are projected to operate at Level of Service ("LOS") A, none at LOS B', five at LOS C, one at LOS D, none at LOS E, and eleven at LOS F. The eleven intersections projected to operate at unacceptable LOS include: ~ Ball Road/Euclid Street; - Broadway/Euclid Street~; - Crescent Avenue/Euclid Street; - Euclid Street/I-5 ramps; - SR-91/Euclid Street; - Lincoln Avenue/Crescent Way; - Lincoln Avenue/Euclid Street; - Lincoln Avenue/Brookhurst Street; - Lincoln Avenue/Harbor Boulevard; - La Palma Avenue/Euclid Street; and - Westmont Drive/Euclid Street. The uses in Project A are projected to generate a total of almost 138,000 daily trips with 9% of the daily total generated during the peak hour. Project A represents an increase of over 98,000 trips compared to the existing condition. Compared to Project B, Project A would generate 28,000 additional trips on a daily basis and 1,500 additional peak-hour trips. This increase is primarily attributable to the greater emphasis on retail development in Project A. With development of Project B, two intersections are projected to operate at LOS A, two at LOS B, three at LOS C, one at LOS D, one at LOS E, and eleven at LOS F. The twelve intersections projected to operate at unacceptable LOS include: 05/22/90 9611n/2621/001 - 19 - - Ball Road/Euclid Street; - Broadway/Euclid Street; - Crescent Avenue/Euclid Street; - Euclid Street/I-5 ramps; - SR-91/Euclid Street; - Lincoln Avenue/Crescent Way; - Lincoln Avenue/Euclid Street; - Lincoln Avenue/Brookhurst Street; - Lincoln Avenue/Harbor Boulevard; - La Palma Avenue/Euclid Street; - Loara Street/Crescent Street; and - Westmont Drive/Euclid Street. Project-B is estimated to generate a total of 110,000 'daily trips, with 10% of the total generated during the afternoon peak hour. On a daily basis, Project~B represents an increase of 70,000 vehicle %rips compared to the existing condition. The additional development in the Project Area will also generate additional traffic on the adjacent roadway system. In addition, as the area becomes more successful commercially in response to the redevelopment activities, existing developments can be expected to convert into higher intensity uses. Mitiqation Measures. Project A Measures: Restripe Euclid Street for three through lanes in each direction from Ball Road to the $R-91 and construct a raised median island to channelize left turns to signalized locations. (This will require widening Euclid Street across the drainage channel between Crescent Avenue and La Palma Avenue and a special study to identify traffic operation improvements along the congested segments of Euclid Street between the too-closely spaced signals at westbound SR-91, eastbound SR-91, Medical Center Drive and Romneya Drive). . Widen Euclid Street to four lanes in each direction from Lincoln Avenue to Crescent Avenue and construct a raised median island to channelize left turns to signalized locations. · Restripe Lincoln Avenue to three lanes in each direction between Brookhurst Street and the I-5 freeway and construct raised median islands to channelize left turns to signalized locations. 05/22/90 9611n/2621/001 - 20 - · · · · Widen Lincoln Avenue to three through lanes in each direction between I-5 and Harbor Boulevard and construct raised median islands to channelize left turns to signalized locations. Construct an overcrossing of the I-5 freeway at Crescent Avenue. Implement, and continually promote, TDM programs for office developments within the Project Area. Crescent Avenue/Euclid Street: Provide a single southbound left turn lane for a minimum 280-foot length; provide one eastbound left turn lane with a minimum 80-foot length and two through lanes; provide one single westbound left turn lane with a minimum 320-foot length · Loara Street/Crescent Avenue: No mitigation required. Project B Measures: · Ball Road/Euclid Street: Provide dual left turn lanes in all directions.with design per City Standard 138A for critical intersections; provide separate right turn lanes in all directions. 10. Broadway Street/Euclid Street: Provide dual left turn lanes with a minimum 100-foot length northbound and southbound, and provide separate right turn lanes northbound and southbound. 11. Crescent Avenue/Euclid Street: Provide a separate right turn lane northbound, and provide dual left turn lanes with a minimum 160-foot length, one through lane, and one right turn lane westbound. At least one eastbound left turn lane at this location will be required with the Crescent overpass of I-5. 12. SR-91/ Euclid Street: Provide dual left turn lanes northbound to the westbound on-ramp, with a minimum length.of 280 feet, provide three through lanes northbound and southbound through the interchange; provide separate right turn lanes on the northbound and southbound interchange approaches, and provide three lanes on the westbound off-ramp. 05/22/90 9611n/2621/001 - 21 - 13. Lincoln Avenue/Crescent Way: Provide two lanes on the southbound approach, permitting left turns from either lane, and provide a westbound right turn lane. 14. Lincoln Avenue/Euclid Street: Provide dual ~left turn lanes in all directions, with design per City Standard 138A for critical intersections, and provide separate right turn lanes in all directions. 15. Lincoln Avenue/I-5 Southbound Ram~s: Provide dual left turn lanes eastbound with a minimum 310-foot length, and provide a separate right turn lane westbound. 16. Lincoln Avenue/Brookhurst Street: Provide dual left turn lanes in all directions, with a minimum 140-foot northbound, 150-foot southbound, 130-foot eastbound and 210-foot westbound length, provide four through lanes northbound and southbound on.Brookhurst Street, and provide a separate right turn lane in all directions. 17. Euclid Street/I-5 Ramps: Provide four through lanes north bound and southbound on Euclid Street. 18. Lincoln Avenue/Harbor~ Boulevard: Provide three through lanes northbound and southbound, and provide dual northbound left turn lanes 220 feet long. 19. Loara Street/Crescent Avenue: Dedicate one of the two lanes on the southbound approach to right turns only, and modify the signal to permit southbound right turns concurrent with the eastbound left turn movement. 20. La Palma Avenue/Euclid Street: Provide dual left turn lanes in all directions, with design per City Standard 138A for critical intersections, provide separate right turn lanes in all directions, and provide three through lanes eastbound and westbound. 21. Westmont Drive/Euclid Street: Provide three northbound through lanes plus a right turn only lane, provide four southbound through lanes, and provide two westbound left turn lanes. 05/22/90 9611n/2621/001 - 22 - C. Findinq of SiGnificance. 11. 1. Project A. The Agency finds that after mitigation, one intersection is still estimated to operate at LOS F and four intersections at LOS E. Although the above mitigation measures shall be required as conditions of approval of the Project and as incorporated into the agreements regarding development of the Property, the Agency adopts a statement of overkiding considerations with regard to the cumulative traffic impact of Project A. 2. Project B. The Agency finds that after mitigation, all intersections are projected to operate within capacity, but three intersections (Ball Road/Euclid Street, Broadway/Euclid Street, and Lincoln Avenue/Euclid Street, Broadway/Euclid Street, and Lincoln Avenue/Euclid Street) are projected to operate at LOS E, and no additional improvements which could improve the level of service are feasible at these three locations. The Agency finds further that, in general, Project B would provide somewhat better traffic conditions than Project A, and the unacceptable conditions can be more effectively mitigated with Project B, but the cumulative traffic impact will be only partially mitigated by implementation of the above measures. Although the above mitigation measures shall be required to be implemented as a condition of approval of Project B and as incorporated into the agreements regarding Project B, the Agency adopts a Statement of Overriding Considerations with regard to the cumulative traffic impact of Project B (See Statement of Overriding Considerations below). FIRE PROTECTION. A. Environmental Impacts. The increased commercial and residential development resulting from the proposed Redevelopment Plan will increase demand for fire protection and paramedic services. According to the City Fire Department, response times to all areas of the Project site will be less than five minutes which the Department considers adequate. 05/22/90 9611n/2621/001 - 23 - 12. S · The additional demand on fire protection and paramedic services will not adversely impact provisions because the response time will not be reduced to a less than adequate level. Therefore, impacts are considered neither adverse nor significant. Mitigation Measures. 1. New development shall provide adequate fire flow from on-site fire hydrants in accordance with City Fire Department requirements. 2. New construction shall conform to the minimum standards of the California Administrative Code. · Ail development in the Project Area shall be reviewed and approved by the Fire Department for adequate protection of structures and occupants from potential accidents involving pipelines. C. Findinq of Siqnificance. The Agency finds that additional demand on fire protection and paramedic services will not adversely impact service, and incorporation of the above mitigation measures as conditions of approval for the Project and the agreements concerning development of the Project will result in the mitigation of the fire protection impacts to a level of insignificance. POLICE PROTECTION· A. Environmental Impacts. The proposed project will result in additional commercial, office and residential development in the Project Area. Additional development, along with the attendant increases in population and traffic, will call for an increase in police personnel to provide adequate service and protection. The Department is currently preparing a service level/personnel allocation plan. Because the specific type and phasing of potential development within the Project Area is unknown at this time, and the implementation time of the development is unknown, the amount of increased protection necessary cannot be accurately determined. However, Department staff estimate that 40 sworn officers will be added by the year 2000, 05/22/90 9611n/2621/001 - 24 - 13. S · C · due to infill and redevelopment in the older portions of the City, including the Project Area. Since the Department is currently short of its goal of 1.4 sworn officers per 1,000 residents, impacts on police protection are considered adverse. Mitiqati0n Measures. I · Ail developments in the Project Area shall be reviewed and approved by the Police Department to encourage consideration of security and crime prevention in project design. Findinq of Siqnificance. The Agency finds that the impacts of the Project on police protection are reduced. Implementation of the above mitigation measure as a condition of approval and as incorporated in the agreements concerning development of the Project will partially mitigate the impact on police protection. SCHOOLS. A. Environmental Impacts. Increased employment and housing developed in the Project Area can be expected to add students to the school districts. An estimated 27 households currently reside within the Project Area, some with children. Given this relatively small number, relocation of these households to other areas is not considered a significant impact on the school system. The Plan provides for up to 493 net new residential units at buildout within the Project Area, which could generate an additional 136 elementary and 246 high school students. However, the Agency estimates that a substantial portion of these units may be senior housing, which would generate no additional students. The new employment added in the Project Area will result in additional demand for housing in Anaheim. To the extent that this demand is met by the construction of new housing, additional students will be added to the district through this indirect effect. Based on the estimate of 650 additional dwelli'ng units in the City, the Project would have a potential secondary impact on school enrollment of 179 elementary students and 325 high school 05/22/90 9611n/2621/001 - 25 - students. The 1,300 dwelling units expected to be generated by the Project within the Northwest Orange County Statistical Area represent 1.1% of the expected growth in housing units in the subregion through the year 2010. This number is a small percentage of the total projected growth and should be readily absorbable within this subarea. There will be a maximum total of 2,600 additional housing units or 715 additional elementary students using the Anaheim City School District enrollment factor, resulting from an increase of 2,428,000 square feet of non-residential development, or 0.29 students per 1,000 square feet. However, because a maximum of 25% of these students are expected to be located within the City of Anaheim, the student generation rate for students within the district is expected to be lower than the district's estimate. If the Project develops gradually over a 20-year period, the annual increase in enrollment can be estimated at 6.8 direct and 8.95 indirect, elementary students for a total of 15.75 elementary students per year; and 12.3 direct and 16.25 indirect high students for a total of 28.55 high school students per year. Direct enrollment increases would be generated at schools directly serving the Project Area. Indirect enrollment increases would be generated throughout the City. Because this growth in enrollment will occur in an area where schools are already overcrowded, direct and indirect increases in enrollment are expected to result in a need for new classrooms and possibly new 'school sites. Because of the relatively small percentage impact of the Project on the annual growth in school enrollments, the long period of expected buildout within the Project Area, and the availability of state funds and developer fees for school construction, this impact is not considered significant. Redevelopment Law requires the Redevelopment Agency to use at least 20 percent of the tax increment funds to benefit low and moderate income housing within the City. This may result in additional housing units, which will in turn generate students who will attend Anaheim schools. However, the law provides that the tax increment may be used £or new housing and/or the improvement of the existing affordable housing stock. The latter would not result in additional impacts on schools. 05/22/90 9611n/2621/001 - 26 - 14. Recent population growth has shifted away from urbanized areas to Riverside and San Bernardino Counties, where housing costs are less than urbanized areas. However, many of the residents of San Bernardino and Riverside Counties work in the urbanized area such as Anaheim. Therefore, al%hough implementation of %he Redevelopment Plan will create new jobs, each new job will not necessarily create new residents and students within the Anaheim. Mitiqation Measures. · The Anaheim City School District will levy school impact fees on development within the Project Area, as prescribed by AB 2926. The District presently charges the maximum currently allowable fees, which are $1.56 per square foot of residential development and $0.26 per square foot of commercial/industrial development. The Anaheim Union High School District and the Anaheim City School District will split the fees. These fees will be adjusted annually to reflect inflation. Based on an estimated 2.3 million square feet of commercial development and 300,000 square feet of residential development, the districts would receive school impact fees of $1,066,000 from development within the Project Area.~ The districts would receive an additional $1,216,800 from school impact fees from the estimated 650 indirectly demanded housing units. · The School Districts will receive state funding for school construction based on enrollment projections. C · Findinq of Significance. The Agency finds that incorporation of the above mitigation measures as a condition of approval for the Project and in the agreements concerning development of the Project will mitigate school district enrollment impacts to a level of insignificance. PARKS AND RECREATION. A. Environmental Impacts. The estimated 740 to 1,402 additional residents resulting from the proposed residential development within %he Project Area will increase demand on the 05/22/90 9611n/2621/001 - 27 - S · C · parks and recreation facilities within and surrounding the Project Area, adding approximately 2 acres to the existing park acreage deficiency. Also, the 2,600 to 3,200 additional employment opportunities within the Project Area may attract new residents to the City, which would further impact the existing facilities. Currently, there are no plans for expansion of existing park sites nor plans for any new si%es within the Project Area or in the vicinity. The increased demand on the existing parks and recreation facilities in the project vicinity is considered a significant adverse impact, due to the citywide deficiency and lack of new sites planned, and the local deficit within the Project Area. Mitigation Measures. i · Each residential development is required to pay in-lieu fees to provide a land dedication for parks. If a development involves more than 50 dwelling units, a land dedication instead of fees may be allowed, at the discretion of the Department of Parks, Recreation and Community Services. The in-lieu fees are used for improvements to existing parks and community centers, and for property acquisitions for additional facilities. · A community center will be provided in the Project Area. Planning, construction and administration of the community center will be under the auspices of the City Department of recreation and Community Services. The Redevelopment Agency will fund up to $500,000 of the cost of the center. Finding of Siqnificance. The Agency finds that the impact of the Project on demand for parks and recreation facilities is significant and will be only partially mitigated by implementation of the above measures. Although the above mitigation measures shall be required to be implemented in the conditions of approval for the Project and in the agreements concerning development of the Project, the Agency adopts a Statement of Overriding Considerations with regard to the cumulative impact of the Project on parks and recreation facilities (See S~a~emen~ of Overriding Considerations below). 05/22/90 9611n/2621/001 - 28 - 15. SOLID WASTE. ao Environmental Impacts. Currently, the development within the Project Area generates an estimated 15.5 tons of solid waste per day. At buildout of the Plan, the Project is expected to generate up to approximately 16.6 tons per day, a net increase of up to 1.1 tons compared to existing conditions. Given that municipal waste landfills in Southern California are rapidly approaching capacity, any increase in ~olid waste is considered a significant environmental impact. As new development occurs within the Project Area, the amount of hazardous waste generated should decrease, since heavy commercial and industrial uses will be replaced by retail, commercial, office and residential uses. However, these uses may be relocated outside the Project Area. With no Class I disposal facilities in the County, and only two available regionally, any generation of hazardous wastes places a burden on these regional Class I facilities. Therefore, impacts are considered adverse. B · Mitiqation Measures. 1. Transportation of hazardous materials and wastes to and from either users or generators within the Project Area will be along routes identified in the Orange County Hazardous Waste Management Plan. · Ail hazardous waste will be disposed of using required Federal and State procedures. Where feasible, all new development in the Project Area shall provide for and require recycling of paper goods, cans, glass and other recyclable materials. · Where feasible, all yard waste shall be used for mulch or compost. . Where feasible, businesses shall be required to use nondisposable, reusable items. · Businesses in the Project Area shall be encouraged to use recycled paper and packaging, where feasible. 05/22/90 9611n/2621/001 - 29 - C. Finding of Significance. 16. The Agency finds that implementation of the above mitigation measures as conditions of approval and as incorporated into the agreements concerning development of the Project will mitigate any significant solid waste impacts. SANITATION. A, Environmental Impacts. New development within the Project Area is expected to increase sewage flows over existing conditions by an estimated 337,000 to 447,000 gallons per day. For every million gallons of water the facilities treat, one milligram of biochemical oxygen demand is added to the system. The District has indicated that it is nearing the National Pollution Discharge Elimination System (NPDES) permit limit and all additional effluent treated impacts this system. However, the District can utilize chemical treatment to increase the efficiency of the plant in meeting biochemical oxygen demand requirements. The Project Area currently generates approximately 437,000 gallons of wastewater per day and will be expected to generate approximately 785,000 to 895,000 gallons upon buildout. While the incremental impact of the Project is a small percentage of treatment plant capacity, the Fountain Valley and Huntington Beach plants are close to their discharge limits for biochemical oxygen demand. Therefore, the additional sewage flow from new development in the Project Area is considered a significant adverse impact. B. Mitigation Measures. The following upgrades of the water, storm drainage and sanitary sewer system will be completed as needed to support development: a · Upgrade and install water lines in-Lincoln Avenue from Brookhurst Street to Harbor Boulevard. be Install and upgrade water lines in Euclid Street from La Palma Avenue to Broadway. C · Install and upgrade water lines in Crescent Avenue from Mueller Street to Loara Street. 05/22/90 9611n/2621/001 - 30 - d · e · f · g · he i · · me n· o · p· q · r · s · t · u · v · Install and upgrade water lines in Manchester Avenue from Lincoln Avenue to Broadway. Install and upgrade water lines in Loara Street from I-5 Freeway to Lincoln Avenue. Install and upgrade water lines in Broadway from I-5 Freeway to Hessel Street. Install and upgrade water lines in West Street from North Street to Westmont Drive. Install and upgrade water lines in North Street from West Street to Citron Street. Install water lines in the new street connecting Penhall Way to Lincoln Avenue. Miscellaneous abandonments and tie-ins. Upgrade fire hydrants. Construct new well. Upgrade sewer lines in Lincoln Avenue from Euclid Street to Broadview. Install and upgrade sewer lines throughout Project Area as necessary. Conduct master plan drainage study. Construct and upgrade storm drains along Crescent Avenue. Construct and upgrade storm drains along Broadway. Improvements to storm drainage system throughout Project Area as necessary. Upgrade sewer lines in Lincoln Avenue from Manchester Avenue~to Euclid Street. Upgrade sewer lines on Crescent. Upgrade sewer lines on Manchester Avenue and surrounding vicinity. Upgrade pump regulators. 05/22/90 9611n/2621/001 - 31 - C · · The Redevelopment Agency shall fund a master study of the sanitary sewer system serving the Project Area. This study will be completed before any major new development is permitted %o be built within the Project Area. · Developments in the Project Area in excess of an average sewer flow of 7,000 gallons per day or a peak sewer flow of 0.027 cubic feet per second shall not be issued a Certificate of Occupancy unless the master plan of improvements needed to provide adequate sewer service to that development site has been completed to the satisfaction of the Public Works Department. · Each individual development shall have a sewer study which must be reviewed and approved by the City Engineer's Department. This study shall include, but not be limited to, the following information: existing and projected wastewater flows, existing system capacity as measured by flow meters over a period of seven days, mitigation measures such as low-flow showers, ultra-low-flush toilets, or offsets in other projects which reduce the total volume and load strength of effluent entering the County system, and, if needed, mitigation measures to upgrade existing sewer lines. Building permits shall not be issued until such a study has been approved by the City Engineer. Certificates of Occupancy shall not be issued until improvements have been constructed and accepted by the City. · Ail new development in the Project Area shall agree to pay fees for areawide sewer improvements to be identified in the City's sewer study currently under way for the Project Area. Findinq of Siqnificance. The Agency finds that incorporation of the above mitigation measures as conditions of approval for the Project and as incorporated in the agreements concerning development of the Project will result in mitigation of sewage impacts to a level of insignificance. 05/22/90 9611n/2621/001 - 32 - 17. WATER. A. Environmental Impacts. Current water demand is approximately 516,000 gallons of water per day. Future estimated water usage could range from 920,000 to 1,070,000 gallons per day, with a net increase over existing use of' 405,000 to 555,000 gallons per day. The'increased intensity and change in land use will call for improvements to the water transmission system, including upgrading what will be an adverse impact. Current water supplies are adequate to meet future demand of the proposed Project. However, due to existing drought conditions in Southern California, .any increase in water consumption is considered an adverse impact. Mitiqation Measures· 1. State laws will be enforced requiring water-efficient plumbing fixtures, including low-flush toilets and showers, in new structures. Those portions of Title 20 and Title 24 of the California Administrative Code regarding water consumption and conversation will be enforced. · The City Municipal Code prohibits irrigation water from flowing onto public sidewalks or streets. · Ail developments shall use drought resistant plant materials for landscaping. · Ail non-turf landscaping shall be watered with drip irrigation systems. · Public improvements proposed as part of the Redevelopment Plan will include improvements to the water transmission system. (See listing in mitigation measure No. 1 in Section 16 - Sanitation.) C. Findinq of Siqnificance. The Agency finds that incorporation of the above mitigation measures as conditions of approval for 05/22/90 9611n/2621/001 - 33 - 18. the Project and the agreements concerning development of the Project will result in full mitigation of drainage impacts to a level of insignificance. ELECTRICITY. ae Environmental Impacts. Present use of electricity in the Project Area is estimated at 80.7 million kilowatt hours per year. Future use is estimated to range from 90 to 76 million kilowatt hours per year, a net decrease compared to existing levels. However, actual existing industrial use, which typically consumes large amounts of electricity, could be lower than estimated, since actual uses probably do not involve manufacturing processes that use large amounts of electricity. Since the projected annual electrical power required for the Project is less than existing usage, the City's electrical distribution system connecting Lewis Substation to the Project Area is adequate. Unless demand for electricity exceeds Southern California Edison's current estimates for its service area, electrical demand from the Project Area should be neither an adverse nor a significant impact. B. Mitiqat~on Measures· I · Ail new development shall comply with California State Building Standards included in Title 24 of the California Administrative Code. This measure shall be enforced through the City's regular building permit review process. · If feasible, all developments within the Project Area shall be served by an underground electrical distribution system. Public improvements proposed as part of the Redevelopment Plan will involve undergrounding of utilities. · If feasible, electrical distribution equipment shall be low profile and mounted on concrete pads, C. Findinq of Significance. The Agency finds that the impact of the Project on electrical power service is potentially 05/22/90 9611n/2621/001 - 34 - 19. insignificant or reduced to a level of insignificance by implementation of the above mitigation measures as conditions of approval and as incorporated in the agreements concerning development of the Project. HUMAN HEALTH. a. Environmental Impacts. The proposed Redevelopment Project does not represent an unusual or unique risk of'explosion or release of hazardous substances beyond that risk typical of other similar commercial, industrial and residential developments. In fact, if a site to be redeveloped is contaminated, the contamination must be remediated before the site can be redeveloped. S . Mitigation Measures. · Prior to development, all sites known or suspected to contain toxic residue shall undergo extensive soils testing to determine the presence of such residues. If toxic residues are discovered during testing, site clean-up and waste disposal will be conducted in conformance with all applicable loCal, state and federal requirements. Soils and material containing asbestos shall be removed from attached sites before development as prescribed by the California Office of Safety and Health Administration, the South Coast Air Quality Management District, and the Environmental Protection Agency. · Underground storage tanks shall be abandoned as required by the California State Water Resources Control Board. · The City Fire Department and other disaster response agencies will continue to maintain route, depth, and shut-off information about each pipeline which traverses the Project Area. · Any person who uses or handles a hazardous material in connection with the Project shall submit a disclosure form to the City Fire Department, pursuant to ordinance No. 4683. 05/22/90 9611n/2621/001 - 35 - C. Findinq of Siqnificance. 20. II. The Agency finds that the human health impacts of the Project are potentially insignificant or reduced to a level of insignificance by implementation of the above measures as conditions of development of the Project and as incorporated into the agreements concerning the Project. CULTURAL AND ARCHAEOLOGICAL RESOURCES. A. .Environmental Impacts. Since the Project Area has undergone extensive development and is an urban area, the impact of redevelopment on historic/archaeological resources is neither adverse nor significant. B · Mitioation Measures. · In the event of the discovery of human remains there shall be no further excavation or disturbance of the site or nearby areas reasonably suspected to overlie adjacent human remains until the County Coroner has been notified, and if the remains are of Native American origin, the procedures of Appendix K of the CEQA Guidelines are followed. In the event any artifacts of potential significance are uncovered, a qualified archaeologist shall evaluate the find. Construction on this part of the site shall be halted until the evaluation is complete and a program for recovery or conservation (if appropriate) has been developed. C. Finding of Significance. The Agency finds that the impact of the Project on cultural and archaelogical resources is potentially insignificant and is further reduced to a level of insignificance by implementation of the above measures as conditions of development of the Project and as incorporated into the agreements concerning development of the Project. STATEMENT OF OVERRIDING CONSIDERATIONS. Based on information set forth in the EIR and these Findings of Fact, the Agency finds that the adverse environmental impacts related to the impacts of 05/22/90 9611n/2621/001 - 36 - (i) cumulative air quality, (ii) displacement of existing residents and long-term hotel occupants resulting from redevelopment activities, (iii) increased development intensity and conflicting land uses (iv) incrementally increased traffic resulting from new development, (v) increased short-term noise levels resulting from Project construction, and (vi) increased need for parks and recreation facilities are significant environmental impacts which cannot be entirely mitigated or avoided if the Project is implemented. However., these unavoidable significant effeCts of the project are overridden by the benefits of the Project and the considerations described below. Therefore, the Agency hereby approves and adopts this Statement Of Overriding Considerations' I · . The Redevelopment Project will remedy, remove and prevent physical blight and economic obsolescence in the Project Area. The Redevelopment Project will expand the commercial and residential base of the community through assisting and promoting new and continuing private sector investment. · · The Redevelopment Project will encourage the cooperation and participation of residents, businesses, business persons~ public agencies and community organizations in the redevelopment of the Project Area. The Redevelopment Project will address environmental deficiencies including substandard vehicular circulation systems, sewer and storm drainage systems, and other similar public improvements. · The Redevelopment Project will improve and/or provide utility services such as gas, electric and telephone services where such deficiencies are adversely affecting the Project Area. · The Redevelopment Project will remedy the existence of inadequate drainage improvements that constrain the development of various parcels in the Project Area, the cost of which cannot be borne by private enterprise acting alone. · The Redevelopment Project will provide an opportunity to replan, redesign and redevelop areas within the Project Area that are economically stagnating and/or improperly utilized. 05/22/90 9611n/2621/001 - 37 - · The Redevelopment Project will recycle and/or develop underutilized parcels to accommodate higher and better economic uses thereby improving the financial viability of the community as a whole. · The Redevelopment Project will provide a method to achieve an environment reflecting a high level of concern for contemporary urban design principles including architecture and landscaping. 10. The Redevelopment Project will promote the creation of new employment opportunities. 11. The Redevelopment Project will provide opportunities for the expansion of the community's supply of housing (on a citywide basis) including housing opportunities for low and moderate income households. 12. The Redevelopment Project will provide an opportunity to plan and implement new development and infra- structure that will result in improved service to the Project Area. III. FINDINGS CONCERNING THE PROJECT ALTERNATIVES. The Agency has considered each of the alternatives presented in the Final EIR and finds those alternatives infeasible based on economic, social and other considerations as set forth below. A. Infeasibility of Alternative A: No Project. The No Project Alternative considers the impacts associated with no additional new development allowed in the Project Area. The No Project Alternative would result in no additional impacts on the physical environment as it presently exists in the Project Area. These impacts are associated with grading activities, alteration of existing drainage patterns, water or air quality, and aesthetics. Impacts on the urban systems would also be less under this alternative. These impacts include traffic, noise, utilities, sewage treatment, public services, population, housing and recreation. No additional consumption of natural resources such as gas or water would result from this alternative. This alternative may be considered environmentally superior to the other scenarios because it imposes 05/22/90 9611n/2621/001 - 38 - no additional demands on local facilities and services and would not impact existing natural systems and physical features. Although the No Project alternative is considered environmentally superior to the proposed Project, its feasibility in relation to City goals, policies and development trends is questionable. That is, the City General Plan and zoning code provide for more intense development of the Project Area than currently exists,' and assumes that some form of viable.urban development is the ultima~e and intended use of the area. Adoption of the No Project alternative would serve only to delay the potential adverse impacts associated with development of the Project site, such as increased traffic, noise, air pollution, and natural resource and energy consumption. This alternative, although environmentally superior, is not in accordance with adopted City policies and therefore is considered infeasible. Furthermore, this alternative is not considered feasible or desirable because of the severe development limitations that would need to potentially be placed on private property to keep development at current levels. This is a Redevelopment Project with the intention of eradicating blight and blighted conditions which is a declared public purpose. With the No Project Alternative, the redevelopment tax increment financing will not be available to assist in construction and installation of necessary public improvements in the Project Area. In fact, the improvements would not be implemented. Additionally, benefits to the residents and the City in terms of increased employment and secondary benefits will not be realized. Under this alternative, abandoned, obsolete, and unattractive commercial and residential facilities will be expected to continue to exist in the Project Area, maintaining an undesirable environment for the development of new businesses and delaying the improvement of the area. Accordingly, the Agency finds the No Project Alternative infeasible. Infeasibilit¥ of Alternative B: No Redevelopment Project. The No Redevelopment Project Alternative considers what would be expected to occur in the Project Area if the proposed Redevelopment Plan were not approved and development of the area would occur as it is 05/22/90 9611n/2621/001 - 39 - currently defined in the City of Anaheim General Plan, at a pace commensurate with prevailing market conditions. Because the Redevelopment Plan by law must be consistent with the General Plan, the No Redevelopment Project Alternative does not differ from the proposed Project with regard to the intended uses of the area. However, any development that may occur under this alternative would be expected to occur in response to private development and market forces. Due to the lack of direct Redevelopment Agency action, development would be expected to occur at a much slower rate in the Project Area than would be the case with the adoption of the Redevelopment Plan. In addition, development may occur on smaller sites with less ability to assemble desirable sites to optimize site design and access. Direct Agency action could include property acquisition, relocation of existing businesses and residences, site preparation, and installation of'public infrastructure improvements where necessary in order %o eliminate blight and blight-influenced areas and to make the area attractive to new development. Therefore, with no Redevelopment Plan for the area, no benefits associated with redevelopment would be undertaken in an area that has been found to be blighted. Because land use types, densities, and intensities analyzed under the proposed Project throughout the EIR could ultimately be developed under this alternative, i.e, the General Plan, long-term environmental impacts associated with this alternative are considered to be similar to those of the proposed Project. However, because redevelopment tax increment financing would not be available to pay for necessary public improvements in the Project Area, this alternative would place a heavier burden on the City for support of the land use in the Project Area. In addition, without Agency controls or direct involvement in the orderly development of the area, and without the sales tax increment that would be available to a redevelopment project, the economic and aesthetic revitalization would be unlikely to occur. Under this alternative, abandoned, obsolete and unattractive commercial and residential facilities (as documented in the Preliminary Redevelopment Plan) would be expected to continue to exist in the Project Area for a longer period of time, maintaining an undesirable environment for the development of new business and delaying the 05/22/90 9611n/2621/001 - 40 - Ce D · improvement of the area. There would be no tax increment or other agency funding of area improvements. Accordingly, the Agency finds the No Redevelopment Project Alternative infeasible. Infeasibility of Alternative C: Expansion of Project Area -- ULI Recommendations. This alternative is based on the Urban Land Institute (ULI) 1988 survey and recommended expansions of the Project Area to include properties north of Broadway between the Southern'Pacific Railroad right-of-way and Euclid Street. Most of the area is devoted to commercial and industrial use, with a school at the northwest corner of Broadway and Loara Street. Inclusion of this area would add approximately 45 acres to the proposed Project Area for a total of 280 acres. Based on General Plan buildout, these additional 45 acres could add 29 acres of industrial development, 54,880 square feet of commercial building, 5.1 acres of school use and approximately 122 dwellings to the Project Area. The advantages of expanding the Project Area in this location, relative t° the proposed Project, include providing an opportunity for more cohesive development north of Broadway from Euclid Street to the I-5 freeway, and increased commercial revenues to the City in business fees, sales tax and other fees and taxes. Because this alternative expands the boundaries of the original Project Area and includes area designated for additional development, impacts on the natural and urban systems are expected to increase. An expanded Project Area will increase impacts on the natural system including grading, air quality, natural resources and water and gas consumption. Increased impacts on the urban environment would also be expected including noise, air pollution traffic, population, housing utilities, public services, and light and glare. Accordingly, the Agency finds the Expansion of Project Area Alternative infeasible. Infeasibility of Alternative D: Reduced Project Area. In 1985, the Redevelopment Agency adopted a Project Area that included less acreage than what is currently proposed. At 235 acres, this alternative is 115 acres less than the proposed Project. This 05/22/90 9611n/2621/001 - 41 - E ~ reduced Project Area would result in a corresponding decrease in total net development within the Project Area compared to the proposed Project. The Reduced Project Area Alternative has the advantage of reducing the environmental impacts by reducing the scope of development associated with this Redevelopment Project compared to the proposed Project. Because this alternative will result in reduced project impacts compared to the proposed Project, this alternative is considered to be · environmentally superior. This is a Redevelopment Project with the intention of eradicating blighted conditions, which is a declared public purpose. A reduction in the proposed Project Area boundaries would exclude areas that evidence blight and blighting conditions, based on the survey of the Project Area. Therefore, no benefits associated'with redevelopment would be undertaken in an area that has been found to be blighted. Because redevelopment tax increment financing will not be available to assist in the construction and installation of necessary public improvements outside this alternative's project area boundaries, this alternative will place a burden on the City for support of development outside the project area. This burden includes delays in construction of needed public improvements that may not occur for a longer period of time, if at all. Additionally, benefits to the residents and the City of Anaheim in terms of increased employment and secondary benefits will not be realized. Under this alternative, abandoned, obsolete, and unattractive development removed from this Project Area will be expected to continue to exist, maintaining an undesirable environment for the development of new businesses and delaying the improvement of the area. Accordingly, the Agency finds the Reduced Project Area Alternative infeasible. Infeasibility of Alternative E: Alternate Project Area Location. A major objective of a Redevelopment Plan is the elimination of blight and blighting conditions within an identified Project Area. The proposed Project Area has been selected for redevelopment because findings have been made that identify this specific area as a blighted area in need of assistance. These findings are documented in the Preliminary Plan for the Project Area. The exact location and extent of an alternate 05/22/90 9611n/2621/001 - 42 - redevelopment Project Area at an alternate location would have to comply with criteria regarding blight contained in the California Community Redevelopment Law. The selection of an alternate location would mean that no benefits associated with redevelopment would be undertaken in an. area that has been found to be blighted. The alternative site would have to meet Redevelopment Law requirements for blighting conditions and influences. Redevelopment improvements to the proposed Pro~ect Area include street and infrastructure improvements, traffic flow improvements and consolidation of property. Development in this area would be expected to occur at a slower rate than would be expected with redevelopment. Because this alternative would not meet the basic objectives of the proposed Project within the specified area, the Agency finds the proposed Alternate Project Area Location Alternative infeasible. 05/22/90 9611n/2621/001 - 43 - EXHIBIT B MITIGATION MONITORING PROGRAM -[his mitigation monitoring program for the Plaza Redevelopment Project has been prepared in compliance with Assembly Bill 3180 (California Public Resources Code Section 21081.6) which became State Law on January 1, 1909. The program includes mitigation measures for the project that the City of Anaheim will adopt or make conditions of project approval in order to ~nitigate or avoid significant effects on the environment. .lhe program has been designed to ensure compl.iance during project.implementation.' fiC)NITORINI.~ I:H£CKLIST Project mitigation measures, identified to mitigate or avoid significant effects on the environment, will be incorporated into a checklist. Each mitigation measure will be listed separately on the checklist with appropriate spaces for monitoring the progress of implementation of each. ~nitigation measure. This checklist is the basis for the monitoring. ~rogram. Any information provided to the .City by the applicants for individual development projects must be kept with the checklist in the l~roject file for that project for the purpose of verification. A matrix showing each mitigation measure, details of monitoring, and sanctions for noncompliance is included at the end of this' section. The detailed list. describing each mitigation measure follows the checklist. MONITORING PROGRAM 2.1 Program-Level Mitigation Monitoring -[he overall monitoring program for the redevelopment project will be conducted by the Anaheim Community Redevelopment Agency, who will monitor mitigation measures which apply to the Project Area as a whole, as opposed to individual developments within the Project Area. For example, the Agency will monitor completion of the Master Sewer Study for the Project Area. The overall monitoring program includes measures to be implemented as part of individual development projects which may take place within the project area. Mitigation monitoring for these measures will be managed through the City's development review process. A project- level monitoring program must be carried out for each individual development or public improvement project in the Redevelopment Project Area. Many mitigation measures can be monitored through the City's plancheck process. When an approved project with mitigation measures is submitted for plancheck to the City, each plan checker will have a copy of the.monitoring checklist. As each plan checker reviews the project plan, the plans will be checked for compliance with each mitigation measure. Yhe project specific measures are divided into project design and on-going measures. Each category and sub-category requires different monitoring techniques, but will be monitored using the checklist. 2.2 Project. Destgn l~tttgatton He~sures (Project Specific) A~roject design mitigation measure is a measure that will be incorporated into the project design, for example' provision of a retention basin or construction of an acoustical barrier. Such measures will normally be shown on the building and/or grading plans, lhese plans will be reviewed for each mitigation meausure, and each mitigation measure shown on the plans will be noted on the checklist and signed off. If a mitigation measure is not shown, the plans will be sent for correctiens. Plans will not be ~pproved until each mitigation measure has been incorporated into the project design. After the plans are approved, and before the final inspection of the project, the project proponent will submit proof that each mitigation measure shown on the plans has been installed or incorporated into the constructed project. Verification of compliance will then be noted on the monitoring checkist and signed off, thereby completing the process for that particular monitoring measure. 2.3 Ongoing ~ittg~tlon He~sures (Project Specific} An ongoing mlti~ation measure is a measure that is associated with the project over a period of time, such as dust control or landscape ~naintenance. I~onitoring of this type. of measure will be similar to that described in Section 1.1, except that the status of each mitigation measure will be noted at various times on the checklist, until monitoring is no longer needed. The project proponent may be required to submit periodic reports to the City on the status of this type of mitigation measure. OUTSIDE CDNSULI'AE"T.S ~or cases in which compliance with a mitigation measure cannot be verified through the plancheck process or the City-established inspection process, or requires specialized expertise, an outside consultant may be hired. The project proponent may hire outside consultants subject to the City's approval, or the City will do so. Should +.he City hire consultants, the City will collect a deposit from the project proponent for the consultant services, as described in Section 6 of this program. 4. OTHER AGENCZE$ Honitoring'mitigation measures requested by other agencies will be the responsibility of the requesting agency. The City will notify these agencies which mitigation measures requested by these agencies have been included in project approval. The agencies will then submit a proposed monitoring program to the City. These agencies will inform the City in writing when monitoring is complete. 5. HONITORING PROGRAI~ RECORDS 'Fhe overall program monitoring checklist will be maintained by the Redevelopment Agency. lhe completed mitigation monitoring checklist for each development project will be kept in the project file in the Planning Department. lhese records will be available for public inspection upon request. Any information provided to the City by the applicant or other agencies for the purpose of verification must be kept with the checklist in the project file. · $. I~ITIGATION MONITORING PROGRAM FEES ~.1 Processing Fee 'Fhe City may charge a project applicant for the actual cost to the City of monitoring all mitigation measures for a specific development project as described in this program. A deposit may be required by the City to be applied towards this fee. 'Any unused portion of the deposit will be refunded to the.project applicant. ~.2 ~;onsultant Fee lhe cost associated with services of outside consultants will be paid by the project applicant. A deposit may be required .by the City to be applied towards the consultant services. Any unused portion of the deposit will be refunded to the project applicant. l. )lITIGATION ~IDNITORING PROGRAM AGREEMENT The City may require an agreement from the project applicant for specific development projects specifying the applicant's responsibility for the monitoring program, including manner of payment, penalties for noncompliance and financial security arrangements. The project applicant's responsibilities for monitoring and reporting on the status of implementation of specific mitigation measures will also be included in this agreement, as will any other relevant issues identified by the City. DISPUTE RESOLUTION In the event of a disagreement between the City and a project applicant regarding the monitoring program, including manner of payment, penalties for noncompliance and financial security arrangements, the following procedure will be followed: 8.1 ~he Environmental Coordinator for the City shall attempt to resolve the disagreement. If the disagreement cannot be resolved, the Environmental Coordinantor shall prepare a report documenting the source of the dispute and the City's position. 8.2 '~he Environmental Coordinator will take the report before the Planning Commission, who will determine the resolution of the disagreement. 8.3 The Project applicant shall be allowed to appeal the decision of the Planning Commission to the City Council. The decision of the City Council shall be final. EXHIBIT B HIYIGATION HONITORING PROGRAM -This mitigation monitoring program for the Plaza Redevelopment Project h~s toeen prepared in compliance with Assembly Bill 3180 (California Public Resources Code Section 210B1.6) which became State Law on January 1, 1989. '[he program includes mitigation measures for the project that the City of Anaheim will adopt or make conditions of project approval in order to ~nitigate or avoid significant effects on the environment..lhe program has :been designed to ensure compliance during project implemen{~tion. ]l. ~IONITORING Project mitigation measures, identified to mitigate or avoid significant effects on the environment, will be incorporated into ~ checklist. Each mitigation measure will be listed separately on the checklist with appropriate spaces for monitoring the progress of implementation of each ~nitigation measure. '[his checklist i~ the basis for the monitoring Drogram. Any information provided to the City by the applicants for individual development projects mu~t be kept with the checklist in the ~roject file for that project for the purpose of verification. A matrix showing each mitigation measure, details of monitoring, and sanctions for noncompliance is included at the end of this section. ,lhe detailed list describing each mitigation measure follows the checklist. .~ ~. HONITORINB PRO~RAM 2.1 Program-Level ~tittgatton I~onitoring '[he overall monitoring program for the redevelopment project will be conducted by the Anaheim Community Redevelopment Agency, who will monitor mitigation measures which apply to the Project Area as a whole, as opposed to individual developments within the Pro~ect Area. For example, the Agency will monitor completion of the Master Sewer Study for the ~roject Area. '[he overall monitoring program includes measures to be implemented as part of individual develo, pment projects which may take place within the project area. Mitigation monitoring for these measures will be managed through the City's development review process. A project- level monitoring program must be carried out for each individual development or public improvement project in the Redevelopment Project Area. Many mitigation measures can be monitored through the City's plancheck process. When an approved project with mitigation measures is submitted for planch~ck to the City, each plan checker will have a copy of the monitoring checklist. As each plan checker reviews the project plan, the plans will be checked for compliance with each mitigation measure. The project specific measures are divided into project design and on-going ~e:~sures. Each category and sub-category requires different monitoring techniques, but will be monitored using the checklist. 2.2 Project Design tttttg~tton l~e~ures {Project Specific) A ~roject design mitigation ~e~sure is ~ measure that ~ill be incorporated into the project design, for example: provision of a retention basin or ~onstruction of an acoust(cal barrier. Such measures will normally shown on the building ~nd/or grading plans, lhese plans will be revie~'~d for each mitigation me~usure, ~nd each mitigation measure shown on the plans will be noted on the checklist and signed off'. If a mitigation me~sure is not shown, the plans will be sent for corrections- Plans will not be ~pproved until each mitigation measure has been incorporated into the project design. After the plans are approved, and before the final inspection of the project, the project proponent will submit pKoof that ~ach ~itigation measure shown ~n the plans has been installed or incorporated into the constructed project. Verification of compliance will then be noted on the monitoring checkist and signed off, ~thereby ~mpleting the pr~ce~s ~r that particular monitoring measure. 2.3 13ngotng l~ittg~tlon l~e~sures (Project Specific} An ongoing mitigation ~e~sure is a me~sure that is associated With the ~roject over a period of time, such as dust control or l~ndscape ~aintenance. I~onit~ring of this type. of me~sure will be similar to that described in Sect(on 1.1, except that the status of each' mitigation measure will be noted ~t various times on the checklist, until monitor4ng is no longer needed. ~he project proponent may be required to submit periodic ~eports to the City on the status of this type of mitigation measure. 3. OUTSIDE CDltSULI'ANTS ~or c~s,s in which compliance with a mitigation measure cannot be verified through the pl~ncheck process or the City-established inspection process, or requires specialized expertise, an outside consultant may be hired. The project proponent may hire outside consultants subject to the City's approval, or the City will do so. Should +.he City hire consultants, the City will collect a deposit from the project proponent for tha consultant services, ~s described in Section 6 of this program. 4. OTHER AGEH:I£S t~onitoring' mitigation measures requested by other agencies will be the responsibility of the requesting agency. The City will notify these agencies which mitigation measures requested by these agencies have been included in projeCt approval. The agencies will then submit a proposed ~onitoring program to the City. These agencies will inform the City in ~riting when monitoring is complete. B. MONITORING PROGRAM RECORDS -~he overall program monitoring checklist will be maintained by the Redevelopment Agency- The completed mitigation monitoring checklist for each development project will be kept in the project file in the Planning Department. These records will be available for public inspection upon request. Any information provided to the City by the applicant or other agencies for the purpose of verification must be kept with the checklist in the project file. $. MITIGATION MONITORING PROGRAH FEES 6.1 Processing Fee -~he City may charge a project applicant for the actual cost to the City of monitoring all mitigation measures for a specific development project as described in this program. A deposit may be required by the City to be applied towards this fee. Any unused portion of the deposit will be refunded to the project, applicant. 6.2 Consultant Fee '~he cost associated with services of outside consultants Will be paid by the project applicant. A deposit may be required by the City to be applied towards the consultant services. Any unused portion'of the deposit will be refunded to the project applicant. 7. MITIGATION MONITORING PROGRAM AGREEMENT The City may require an agreement 'from the project applicant for specific development projects specifying the applicant's responsibility for the monitoring program, including manner of payment, penalties for noncompliance and financial security arrangements. The project applicant's responsibilities for monitoring and reporting on the status of implementation of specific mitigation measures will also be included in this agreement, as will any other relevant issues identified by the City. DISPUTE RESOLUTION In the event of a disagreement between the City and a project applicant regarding the monitoring program, including manner of payment, penalties for noncompliance and financial security arrangements, the following procedure will be followed- B.1 ~he Environmental Coordinator for the City shall attempt to resolve the disagreement. If the disagreement cannot be resolved, the Environmental Coordinantor shall prepare a report documenting the source of the dispute and the City's position. 8.2 7he Environmental Coordinator will take the report before the Planning Commission, who will determine the resolution of the disagreement. 8.3 '~he Project applicant shall be allowed to appeal the decision of the Planning Commission to the City Council. The decision of the City Council shall be final. .VII-5 VII-6 ! -,,r- C) '"J- L,L. · · i · ~ .. ~ . ~ 0 ..... ~ .... ~ ~ ~ ~ ~ oc ~0~0~ ~ ~,0~0 ~ 0~~ 0 ~ 0 ~ , VII-7 VII-8 VII-9 VII-10 VII-11 VII-12