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Attachment 5 - Response to MND Comments and ErrataInitial Study/Mitigated Negative Declaration Responses to Comments Pacific Resort Plaza Development Project No. 2019-00161 Prepared for Planning Services Division City of Anaheim 200 South Anaheim Boulevard Anaheim, California 92805 Prepared by Psomas 5 Hutton Centre Drive, Suite 300 Santa Ana, California 92707-8708 November 2023 ATTACHMENT NO. 5 Pacific Resort Plaza 1 Responses to Comments R:\Projects\ANA\3ANA009405\Environmental Documentation\RTC\RTC Pacific Resort Plaza-111623.docx RESPONSES TO COMMENTS ON THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE PACIFIC RESORT PLAZA Pursuant to the California Environmental Quality Act (CEQA), the potential environmental effects of the proposed Pacific Resort Plaza (Project) have been analyzed in an Initial Study/Mitigated Negative Declaration (IS/MND) dated October 2023. The IS/MND was subject to a 20-day public review period which began on October 19, 2023 and ended on November 8, 2023. The City distributed a Notice of Intent (NOI) to adopt an MND along with the IS. Two letters commenting on the information and analysis in the IS/MND were received during the public review period from the following agencies:  California Department of Transportation, District 12 (November 8, 2023)  Brian Flynn, Lozeau Drury LLC (November 8, 2023) CEQA Guidelines Section 15074(b) states that prior to approving a project, the lead agency must consider the proposed IS/MND together with any comments received during the public review process. Written responses to comments are not required; however, the City of Anaheim, as lead agency, has prepared a written response to the comment received for consideration by the City Council. The comment letter followed by the City’s response are attached. The number provided in the right margin of the comment letters corresponds to the response to the comment. Based on the evaluation in the IS/MND and the comment received, the City has determined that all potential impacts associated with the proposed project are less than significant with incorporation of identified mitigation measures (MMs). A Mitigation Monitoring and Reporting Program has also been prepared and will be implemented for the proposed project. Therefore, the City of Anaheim has determined that an MND in accordance with CEQA is the appropriate environmental document for the proposed project. Pacific Resort Plaza 2 Responses to Comments R:\Projects\ANA\3ANA009405\Environmental Documentation\RTC\RTC Pacific Resort Plaza-111623.docx Pacific Resort Plaza 3 Responses to Comments R:\Projects\ANA\3ANA009405\Environmental Documentation\RTC\RTC Pacific Resort Plaza-111623.docx Pacific Resort Plaza 4 Responses to Comments R:\Projects\ANA\3ANA009405\Environmental Documentation\RTC\RTC Pacific Resort Plaza-111623.docx Pacific Resort Plaza 5 Responses to Comments R:\Projects\ANA\3ANA009405\Environmental Documentation\RTC\RTC Pacific Resort Plaza-111623.docx Response to Comment Letter 1 California Department of Transportation, District 12 November 8, 2023 Response 1.1. The comment requests coordination with Caltrans District 12 Electrical System Branch to ensure that signal improvements are feasible and acceptable to optimize traffic flow between the City and Caltrans intersections to ensure effective operation of the intersections. The comment in noted, and coordination will occur directly with Caltrans. Response 1.2 The comment recommends adding buffers to the proposed Class II bike lane and installing hazards striping across driveways and intersections. Flashing bike/ped beacons are also recommended. As stated on Page 5-76 of the IS/MND, due to the proposed bikeways connecting to the proposed project, it is recommended that the developer provide visible and adequate bike and bike parking facilities for both employees and patrons. Also, the developer will coordinate with the City of Anaheim regarding any proposed bicycle and pedestrian pathway improvements as part of the project. Response 1.3 The comment considers encouraging or incentivizing the use of transit among both construction workers and the proposed development and future employees. Increasing multimodal transportation will lead to a reduction in congestion and vehicle miles traveled (VMT), and improve air quality. As stated on Page 5-18 of the IS/MND, the project proposes hotel uses in a Transit Priority Area (TPA). The Orange County Transportation Authority (OCTA) and Anaheim Resort Transportation (ART) all operate bus lines within the area of the project site. Line 46 and 47 of the OCTA lines and Line 8 and Line 17 of the ART Lines are proximate to the project site. ART would provide service at 20- to 40-minute headways for the project while OCTA lines provide 15- to 40-minute headways. The proposed project is located immediately adjacent to bus stops on Anaheim Boulevard. As detailed in the project’s VMT Screening Memorandum, the project would be consistent with the applicable Sustainable Communities Strategy (SCS) as the project’s land uses are consistent with the General Plan land use designation. The development of a mix of uses at the site would likewise reduce vehicular trips. The developer intends to include rideshare and vanpooling opportunities for employees and patrons. In addition, the project would also be developed consistent with the stringent energy efficiency requirements detailed in the 2022 Title 24 Building Standards. Because the project would replace less energy efficient land uses with buildings that meet the latest energy efficiency measures and would develop uses within a TPA. Response 1.4 The comment considers the need for equitable access to amenities and resources, and requests consideration of referencing the City’s General Plan Environmental Justice Element that is in development. In response to this comment, the following text is added on page 5-59, following the first paragraph. New text is shown as bold and underline. As noted on the City’s website, a draft of the Environmental Justice Element is currently available for public review. The new Environmental Justice Element will become part of the City’s General Plan, which represents the community’s view of its future and is often referred to as a blueprint for growth and development. Through the process of creating the element, the City will evaluate its existing policies and create new ones to minimize pollution and its effects on all neighborhoods, with an emphasis on those in environmental justice communities. The Environmental Justice Element will ensure that residents have a say in decisions that affect their quality of life and will address disproportionate impacts to certain environmental justice communities in order to ensure an equal Pacific Resort Plaza 6 Responses to Comments R:\Projects\ANA\3ANA009405\Environmental Documentation\RTC\RTC Pacific Resort Plaza-111623.docx distribution of resources. The Environmental Justice Element will cover the eight topics below: • Reduce pollution exposure and improve air quality • Promote public facilities • Promote food access • Promote safe and sanitary homes • Promote physical activity • Reduce any additional unique or compounded health risks • Promote civic engagement in the public decision-making process • Prioritize improvements and programs that address the needs of disadvantaged communities The State of California is asking cities to incorporate environmental justice related goals, policies and programs into their general plan. The City of Anaheim is creating a stand-alone Element to have all environmental justice-related topics in one document for easy reference. An environmental justice community is an area of a community disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. These areas deserve special attention to address issues of environmental justice. Within the City of Anaheim, 51 out of 75 census tracts fall under this designation. While the Environmental Justice Element will apply to all areas of the City, special attention will be given to environmental justice communities. Response 1.5 The comment states that any work performed within Caltrans right-of-way will require discretionary review and approval by Caltrans and an encroachment permit will be required prior to construction. The comment in noted, and coordination will occur directly with Caltrans. Response 1.6 The comment states that project plans and traffic control plans must be stamped and signed by a licensed engineer. The comment in noted, and coordination will occur directly with Caltrans. Response 1.8 The commentor asks that all applications and associated documents/plans be submitted via email to D12.Permits@dot.ca.gov until further notice. Caltrans Encroachment Permits is transitioning to an online web portal base for all applications. The comment is noted, and all applicable information will be submitted via the email address listed above. Pacific Resort Plaza 7 Responses to Comments R:\Projects\ANA\3ANA009405\Environmental Documentation\RTC\RTC Pacific Resort Plaza-111623.docx Pacific Resort Plaza 8 Responses to Comments R:\Projects\ANA\3ANA009405\Environmental Documentation\RTC\RTC Pacific Resort Plaza-111623.docx Response to Comment Letter 2 Brian Flynn, Lozeau Drury LLC November 8, 2023 Response 2.1. The comment states that Supporters Alliance for Environmental Responsibility (SAFER) is concerned that the IS/MND is improper under the California Environmental Quality Act (CEQA) due to the IS/MND’s failure to adequately assess the project’s potentially significant impacts. SAFER requests that an Environmental Impact Report (EIR) be prepared for the project rather than an MND to ensure that potentially significant impacts of this project are fully disclosed, analyzed, and mitigated. An EIR is not required for the Project because all potentially significant impacts would be mitigated to a less than significant level under the MND and the commenter has not provided any evidence to the contrary. The commenter is referred to the entirety of the IS/MND which provides a full analysis of the project, including a detailed description of the project’s elements, and an evaluation of both project construction and operations. The IS/MND also identifies multiple mitigation measures related to Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, Noise, and Tribal Cultural Resources, which are required to reduce impacts to less than significant levels. It is noted that a mitigation measure has been identified in the Utilities and Service Systems due to its applicability, however this mitigation measure is not required to reduce a potentially significant impact. Pacific Resort Plaza 9 Errata (Clarifications and Revisions) R:\Projects\ANA\3ANA009405\Environmental Documentation\RTC\RTC Pacific Resort Plaza-111623.docx ERRATA (CLARIFICATIONS AND REVISIONS) Any corrections to the IS/MND text, tables, and figures generated either from responses to comments or independently by the City of Anaheim, are stated in this section of the Final IS/MND. The Draft IS/MND text, tables, and figures have not been modified and published in its entirety as a single document to reflect these IS/MND modifications. These IS/MND revisions are provided to clarify, refine, and provide supplemental information for the IS/MND. Changes may be corrections or clarifications to the text and tables of the original IS/MND. Other changes to the IS/MND clarify the analysis in the IS/MND based upon the information and concerns raised by comments during the public review period. None of the information contained in these IS/MND revisions constitutes significant new information or changes to the analysis or conclusions of the IS/MND. The information included in these IS/MND revisions that resulted from the public comment process does not constitute substantial new information that requires recirculation of the IS/MND pursuant to Section 15088.5 of the State CEQA Guidelines. The changes to the IS/MND included in these modifications do not constitute “significant” new information. Therefore, recirculation of the IS/MND is not required because the new information added to the IS/MND through these modifications clarifies or amplifies information already provided or makes insignificant modifications to the already adequate IS/MND. The modifications contained in the following pages are in the same order as the information appears in the IS/MND. Deleted text is shown as strikeout and new text is bold and underline. The applicable page numbers from the Draft EIR are also provided where necessary for easy reference. SECTION 3.0: PROJECT DESCRIPTION The text on page 3-1 has been revised and incorporated into the Final IS/MND as follows: The second through fifth floor of the hotel would consist of the guest rooms which would provide both general guest rooms and three to four two to three designated Americans with Disabilities Act (ADA) accessible guest rooms per floor on floors 2-4 (refer to Exhibits 5a through 5c, Floor Plans – Hotel and Exhibit 5d, Floor Plan – Walk-Up/Drive Thru Fast Food Restaurant). SECTION 3.3.1 PROJECT COMPONENTS The text on Page 3-3 has been revised and incorporated into the Final IS/MND as follows: • A CUP to allow for a Floor Area Ratio (FAR) of 0.971.08. The current maximum FAR is 0.50 per Municipal Code Section 18.08.045 Floor Area Ratio Table 8-E.A • Minor Conditional Use Permit for Valet Parking. Pacific Resort Plaza 10 Errata (Clarifications and Revisions) R:\Projects\ANA\3ANA009405\Environmental Documentation\RTC\RTC Pacific Resort Plaza-111623.docx SECTION XI: LAND USE AND PLANNING The following text is added on page 5-59, following the first paragraph. As noted on the City’s website, a draft of the Environmental Justice Element is currently available for public review. The new Environmental Justice Element will become part of the City’s General Plan, which represents the community’s view of its future and is often referred to as a blueprint for growth and development. Through the process of creating the element, the City will evaluate its existing policies and create new ones to minimize pollution and its effects on all neighborhoods, with an emphasis on those in environmental justice communities. The Environmental Justice Element will ensure that residents have a say in decisions that affect their quality of life and will address disproportionate impacts to certain environmental justice communities in order to ensure an equal distribution of resources. The Environmental Justice Element will cover the eight topics below: • Reduce pollution exposure and improve air quality • Promote public facilities • Promote food access • Promote safe and sanitary homes • Promote physical activity • Reduce any additional unique or compounded health risks • Promote civic engagement in the public decision-making process • Prioritize improvements and programs that address the needs of disadvantaged communities The State of California is asking cities to incorporate environmental justice related goals, policies and programs into their general plan. The City of Anaheim is creating a stand- alone Element to have all environmental justice-related topics in one document for easy reference. An environmental justice community is an area of a community disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. These areas deserve special attention to address issues of environmental justice. Within the City of Anaheim, 51 out of 75 census tracts fall under this designation. While the Environmental Justice Element will apply to all areas of the City, special attention will be given to environmental justice communities. SECTION XVII: TRANSPORTATION The following correction has been added to page 5-77 in the second paragraph. The Proposed Project is located immediately adjacent to bus stops on Anaheim Boulevard. The peak hour headways are 15 minutes or less on Anaheim Boulevard. The Proposed Project’s FAR is 0.981.08, so the FAR exceeds 0.75. The Proposed Project meets but does not exceed the parking required by the City. Additionally, the Project is consistent with the applicable SCS as the Project’s mix of land uses is consistent with the City’s General Plan land use designation. There are no existing residential units on the Project Site, so no affordable units are being removed or replaced. Therefore, the Project could be screened from a VMT analysis based on the criteria for Type 1: TPA Screening, and would be considered a less than significant impact on VMT, per the City of Anaheim TIA Guidelines for CEQA Analysis. Pacific Resort Plaza 11 Errata (Clarifications and Revisions) R:\Projects\ANA\3ANA009405\Environmental Documentation\RTC\RTC Pacific Resort Plaza-111623.docx EXHIBIT 4: SITE PLAN The exhibit below follows page 3-1 and has been replaced. Pacific Resort Plaza 12 Errata (Clarifications and Revisions) R:\Projects\ANA\3ANA009405\Environmental Documentation\RTC\RTC Pacific Resort Plaza-111623.docx EXHIBIT 7: CONCEPTUAL PLANTING PLAN The exhibit below follows page 3-1 and has been replaced. Pacific Resort Plaza 13 Errata (Clarifications and Revisions) R:\Projects\ANA\3ANA009405\Environmental Documentation\RTC\RTC Pacific Resort Plaza-111623.docx EXHIBIT 8: VALET PARKING PLAN The exhibit below follows page 3-1 and has been replaced.