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93-228 RESOLLVI~ON NO. ~R-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSIDERING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED AND CERTIFIED BY THE ANAHEIM REDEVELOPMENT AGENCY FOR THE BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT WHEREAS, as the Lead Agency the Anaheim Redevelopment Agency (the "Agency") has prepared and certified an Environmental Impact ,Report (the "EIR") on the Redevelopment Plan for the Brookhurst Commercial Corridor Redevelopment Project (the "Project") pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.: "CEQA"), the Guidelines for Implementhtion of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000, et seq.: the "State CEQA Guidelines"), and procedures adopted by the Agency relating to environmental evaluation of public and private projects; and WHEREAS, the Agency transmitted for filing a Notice of Completion of the Draft EIR and thereafter in accordance with the State CEQA Guidelines forwarded the Draft EIR to the State Clearinghouse for distribution to those agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, notice to all interested persons and agencies inviting comments on the Draft EIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines; and WHEREAS, the Draft EIR was thereafter revised and supplemented to adopt changes suggested, to incorporate comments received during the public review period pursuant to CEQA and the State CEQA Guidelines, and to provide the Agency's and City of Anaheim's ("City") and the Anaheim Community Redevelopment Commission's ("Commission") responses to said · comments, and as so revised, a Final EIR has been submitted to the Agency; and WHEREAS, a public hearing was held by the Commission on August 18, 1993, for the sole purpose of soliciting public comments to the Draft EIR, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment 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 responses of the Agency, the Commission and the City thereto; and WHEREAS, the Agency made and adopted the Findings of Fact and Statement of Overriding Considerations Relating to the Environmental Impact of the Brookhurst Commercial Corridor Redevelopment Project and Mitigation Monitoring Plan (the "Agency Resolution"); and WHEREAS, the Agency has found and determined that the Project will have a significant effect upon the environment; and WHEREAS, based on such Findings of Fact and Statement of Overriding Considerations, the Agency has found 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 secondary land use impacts on traffic, air quality, schools, local parks, and historic structures; and (3) the Project will increase population in an area deficient in local parks; and WHEREAS, the Agency has adopted a Statement of Overriding Considerations as to each of the significant environmental effdcts 'identified in the Agency Resolution which are not eliminated or substantially lessened; and WHEREAS, the City is a Responsible Agency, as defined in Section 21069 of the Public Resources Code, with respect to the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: Section 1. The City Council has evaluated all comments, written and oral, received from persons who have reviewed the Draft EIR, and has duly reviewed and considered the Final EIR prepared and certified by the Agency for the Project. Section 2. The City Council hereby makes and adopts the Findings of Fact and Statement of Overriding Considerations Relating to the Environmental Impact of the Brookhurst Commercial Corridor 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 City Council 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 secondary land use impacts on traffic, air quality, schools, local parks, and historic structures; and (3) the Project will increase population in an area deficient in local parks. Based on the foregoing, the City Council ~'mds and determines that the Project will have a significant effect upon the environment. Section 3. As to each of the significant environmental effects identified in Section 2 of this Resolution which are not eliminated or substantially lessened, the City Council hereby adopts the Statement of Overriding Considerations in Exhibit NA' attached hereto. PUBL:8799_ 11336] B2621.40 2 11/29/93 Section 4. The City Council hereby adopts the Mitigation Monitoring Plan in Exhibit 'B' attached hereto and incorporated herein by this reference. Section 5. 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 CEQA and Section 150960) of the State CEQA Guidelines. PASSED and ADOPTED by the City Council of the City of Anaheim on this 30 day of November , 1993. ~ ATTEST: City Clerk APPROVED AS TO FORM: · '~iI- A orney~ I'ul~C:8799_113361152621.40 3 11/29/93 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 93R-228 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 30th day of November, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-228 on the 1st day of December, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1st day of December, 1993. ,,~ .~ ~..~ ~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 93R-228 was duly passed and adopted by the City Council of the City of Anaheim on November 30, 1993. CITY CLERK OF THE CITY OF ANAHEIM EXItlBIT "A" FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATING TO THE ENVIRONMENTAL IMPACT OF THE BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT The following Findings of Fact are made by the City Council of the City of Anaheim with regard to each potentially significant environmental effect, supported by the facts in the record as summarized below. I. ENVIRONMENTAL EFFECTS FOUND NOT TO BE SIGNIFICANT Final EIR No. 319 identified the following effects of the Project to be adverse but less than significant: A. Earth B. Drainage/Flooding C. Long-Term Noise D. Light and Glare E. Water F. Sewer G. Solid Waste H. Electricity I. Police Protection J. Fire Protection K. Hazardous Materials The Final EIR found that existing federal, state, and local requirements and the City standard project review procedures will reduce effects in most of the above areas of enviro~mental concern to a level of insignificance. In addition, the Final EIR and Mitigation Monitoring Plan also include mitigation measures under the headings of "Drainage/Flooding", "Water", "Sewer", "Solid Waste", and "Hazardous Materials" developed to further reduce potential effects in these areas of environmental concern. The Final EIR also identified Project effects on "Population/Housing" and "Aesthetics" to be neither adverse nor significant. These impacts were identified to be potentially beneficial. PUBL:9160_II336tB2621.40 ~ II. SIGNIFICANT ENVIRONMENTAL EFFECTS FOUND TO BE MITIGATED TO A LESS THAN SIGNIFICANT LEVEL 1. CONSTRUCTION NOISE A. Significant Effects Construction activities within the Project Area could generate short-term high noise levels affecting adjacent uses. B. Findings Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the potential significant environmental effects identified in the Final EIR. C. Facts in Support of Findings The Final EIR No. 319 and the Mitigation Monitoring Plan include a number of mitigation measures to reduce construction noise impact. These measures include the use of solid barriers during construction; use of muffling devices on all construction equipment operating in close vicinity to residences, schools, or other noise sensitive uses; limitations on hours of construction; problem-solving meetings with the staffs of schools within a quarter mile from any projects involving direct Agency assistance; establishment of construction routes away from noise-sensitive uses; and locating stockpiling and vehicle staging areas away from sensitive receptors. These measures will substantially reduce construction noise problems. 2. TRAFFIC/CIRCULATION A. Significant Effects Final EIR No. 319 identified six intersections that may be significantly affected by future development in the Project Area, as such development could increase vehicular trips by 16 to 21 percent. B. Findings Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the potential significant environmental effects identified in the Final EIR. C. Facts in Support of Findings 1. Mitigation measures in the Final EIR and Mitigation Monitoring Plan include adding an eastbound right-turn lane at the intersection j of Brookhurst and Lincoln, and contributing on a fair share basis to improvements at fifteen intersections. These measures will fully I'UBL:9160_1 13361 B2621.40 2 mitigate potential impacts and result in intersections operating at an acceptable level of performance (Level of Service D or better). 2. Additional mitigation measures identified in the Final EIR and Mitigation Monitoring Plan under the heading of "Air Quality" will reduce traffic volumes generated by development in the Project 3. SCHOOLS A. Significant Effects Final EIR No. 319 identified potential impacts on school districts serving the Project Area and whose schools are over capacity or approaching capacity due to generation of additional students. B. Findines 1. Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the potential significant environmental effects identified in the Final EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. C. Facts in Support of Findings l. The Final EIR and Mitigation Monitoring Plan present for the Agency's consideration a mitigation measure available as part of the redevelopment plan adbption process which includes an attempt buy the Agency to offset a demonstrated fiscal detriment to the districts by measures permitted by law, which may include a pass-through of Project tax increment revenues, assistance with site acquisition or facility construction, loans or grants for construction or rehabilitation, or other measures which may be identified. 2. Other changes are within the responsibility and jurisdiction of the school districts and the State of California. These changes include the districts electing to continue receiving their share of the property tax as permitted, making regular and timely applications for State construction funds, pursuing alternate means of financing schools as those are made available through changes in state law, and using year-round schedules and double sessions as necessary and appropriate. Also, these changes include the State continuing to finance construction of new schools and classrooms in response to enrollment increases. PUBL:9160-113361B2621'40 3 '~ 3. These measnres will reduce impacts on school and community college districts serving the Project Area to a less than significant level. The Project's contribution to cumulative impacts on schools may not be mitigated to a less than significant level, but will be mitigated to the extent allowed by state law. IlI. SIGNIFICANT ENVIRONMENTAL EFFECTS THAT CANNOT BE AVOIDED IF THE PROJECT IS IMPLE1VIENTED 1. AIR QUALITY A. Significant Effects Estimated construction and long-term emissions of subsequent development in the Project Area will be above threshold criteria established by the South Coast Air Quality Management District for selected pollutants. Construction emissions are estimated at up 565 pounds of oxides of nitrogen above the SCAQMD daily threshold criterion. Long-term emissions are estimated up to 320 pounds of reactive organic gases, 4,710 pounds of carbon monoxide, 818 pounds of oxides of nitrogen, and 2 pounds of particulate matter above SCAQMD daily threshold criteria. The proposed Project however, is consistent with the regional Air Quality Management Plan as it will improve jobs/housing balance in the Project Area by developing residential housing in the region considered to be job-rich and housing-poor, and focus growth around major transportation corridors and in an area in need of redevelopment. B. Findines 1. With regard to actions that may be taken at the local level, changes or alterations have been required for, or incorporated into, the Project which substantially reduce the potential environmental effects identified in the Final EIR. 2. With regard to-regional and cumulative air quality effects which depend on regional strategies and standards, changes or alterations are within the responsibility and jurisdiction of the South Coast Air Quality Management District. Such changes have been adopted by the SCAQMD in the Regional Air Quality Management Plan, Regulation XV requiring employees ridesharing, and Rule 403 regulating construction emissions. C. Facts in Support of Findings 1. The construction and long-term emissions of subsequent projects in the Project Area will be substantially lessened by mitigation measures required in the Final EIR and the Mitigation Monitoring ~) Plan. These measures are listed in the Final EIR and the Mitigation Monitoring Plan. These measures are listed in the PUBL:9160_l[3361B2621'40 4 Mitigation Monitoring Plan under the heading of "Air Quality". Each of these listed mitigation measures shall be incorporated into subsequent projects in the Project Area as set forth in the Mitigation Monitoring Plan. 2. Other mitigation measures are within the responsibility and jurisdiction of the South Coast Air Quality Management District and the U.S. Environmental Protection Agency. These measures include; (I) SCAQMD Rule 403 requiring control of construction- related emission; (2) SCAQMD Regulation XV requiring all developments in the Project Area to prepare and implement Transportation Demand Management (TDM) programs at their sites; and (4) other measures and programs to reduce cumulative effects of growth in the region on air quality that have been adopted by those agencies and include; (a) steadily improving vehicles emissions and Co) emission controls on stationary sources. 2. LAND USE A. Significant Effects The Final EIR determined that development in the Project Area will result in a substantial physical change to existing land uses resulting primarily from a conversion of currently vacant land, or land now used for commercial uses, to residential use. This effect is considered significant but NOT adverse. The Final EIR also determined that secondary land use impacts on traffic, air quality, schools, local parks, and historic structures could be significant. B. Findings 1. With regards to a physical i:hange to the existing land uses in the Project Area no changes or alterations are required of the Project because this effect was not to be adverse. 2. Changes or alterations have been required for, or incorporated into, the Project that substantially lessen secondary land use effects on air quality, traffic, schools, locals parks, and historic structures. C. Facts in Support of Findines The change of land use is a direct purpose of the proposed Project. Subsequent development is anticipated to: (1) eliminate blight in the Project Area be developing currently vacant parcels and underutilized land and eliminating uses that contribute to blight, (2) to reduce conflicts between commercial or industrial and residential land uses in long term by consolidating areas of mixed uses along Brookhurst Street, and eliminating uses that are incompatible with adjacent uses, (3) to improve POBL:9160_II3361B2621.40 5 physical appearance, landscaping and buffering from adjacent uses by redeveloping individual sites to current standards. The Final EIR and Mitigation Monitoring Plan include mitigation measures under the headings of ~Air Quality", "Traffic", "Schools", and "Historic Structure" which will avoid or substantially lessen the secondary land use impacts of the Project. 3. LOCAL PARKS A. Significant Effects The proposed Project will increase population in an area deficient in local parks. Up to 2,497 new residents may be generated by development in the Project Area requiring nearly 5 acres of local parks. B. Findings Changes or alterations have been have been required of, or incorporated into, the Project to substantially lessen the potentially significant enviromnental effects identified in the Final EIR. C. Facts in Support of Findings The proposed Project includes park facilities improvements including field lighting, picnic shelter, and improved handicapped access at Brookhurst Park which borders the Project Area. Residential development will be required to pay in-leu fees for parkland. IV. FINDINGS CONCERNING TIlE PROJECT ALTERNATIVES Six alternatives to the proposed Project are evaluated in the Final EIR. The City Council of the City of Anaheim has reviewed and considered such alternatives in light of the adverse environmental effects which may result from'the Project and the reduction or elimination of such effects which may be accomplished by selection of the alternatives. The alternatives are summarized below, and specific economic, social, or other considerations that render such alternatives infeasible are set forth. 1. No Additional Development (No Proiect} The no additional development alternative, required by law to be considered the "no project" alternative, considers the impacts associated with no additional development beyond what currently exists in the Project Area. This alternative is used to establish a baseline to which all other alternatives, including the proposed Project, can be compared. This alternative is included in Section 3 (Environmental Analysis) of the Final EIR as the Environmental Setting for each impact area. PUgL:9160-113361B2621'40 6 The "no additional development" alternative is considered environmentally superior to the proposed Project, because it would not generate any additional or new environmental impact. However, this alternative would not achieve the stated goals and objectives of the Redevelopment Plan which include eliminating blight conditions, promoting new continuing private sector investment, facilitating commercial sales activity, expanding existing businesses, and creating local job opportunities, all of which rely on additional new development. Failure to achieve these goals and objectives makes this alternative infeasible. Accordingly, the City Council of the City of Anaheim finds that the "no additional development" alternative is infeasible. 2. No Redevelopment Plan (Development Without Redevelopment Plan) The "No Redevelopment Plan" alternative assumes that there is no approval of the proposed Redevelopment Plan. Under this alternative, some development of the Project Area is assumed to occur in accordance with the General Plan. However, improvements of the type and to the extent described in the Redevelopment Plan would not be feasible without redevelopment. Private enterprise acting alone would be unable to eliminate conditions of blight. Any development that may occur in the Project Area under this alternative would be expected to take place at a slower rate than would be the case with the adoption of the Redevelopment Plan due to lack of direct Redevelopment Agency action. Direct Agency action which would be prevented under this alternative could include property acquisition, relocation of existing businesses and residences, site preparation ,and installation of public infrastructure improvements where necessary and where they may not otherwise occur in order to eliminate existing blight and blighting influences to make the area attractive to new development. In addition, the Project would not provide funds to the Agency's low and moderate income housing set-aside, and so no additional affordable housing would be constructed, as it would under the Redevelopment Plan. This alternative is considered infeasible b~cause private enterprise acting alone would not achieve the stated goals and objectives of the Redevelopment Plan including the elimination of blight and deterioration, the replanning and development of areas which are stagnant or improperly utilized, and providing costly public improvements protecting the general welfare of the citizens of the City. Environmental impacts of this alternative would be similar to those of the proposed Project, except that planned public improvements would not be made, such as improvements to existing park facilities, installation of new storm drains, and sewer improvements. Therefore, this alternative has a potential to result in additional significant impacts on drainage and sewer systems. This alternative could also retain adverse impacts on police and fire protection due to blighting conditions. Accordingly, the City Council of the City of Anaheim finds that the "no redevelopment plan" alternative is infeasible. PUSL:9160_II336[B2621.40 7 3. More Residential Development This alternative considers developing up to 364 more multifamily housing units in the Project Area than proposed by the Project. These units would be developed on 22 acres of land that the Project proposes to develop with commercial uses. Under this alternative, the Project Area would have a total of up to 1,141 units. As a result of developing additional land with these housing units, office development would be reduced by approximately 365,000 square feet, and business park development by approximately 122,000 square feet. This alternative could increase demand for utilities and schools. From regional perspective this alternative is considered slightly superior to the proposed Project because it provides more housing in the region that is considered job-rich and housing-poor. However, because overall, significant impacts generated by development with additional residential housing are similar to the significant impacts of the Project, and this alternative does not reduce any of the Project's significant impacts to a less than significant level, this alternative is rejected. Accordingly, the City Council of the City of Anaheim finds that the "more residential development" alternative is infeasible. 4. Smaller Project Area This alternative considers reducing the Project Area by approximately 89.6 acres. Under this alternative only the portion of the Project Area north of Broadway Avenue would be developed. This smaller Project Area would be developed as currently proposed by the Redevelopment Plan. Implementation of the proposed redevelopment plan is expected to result in most substantial changes occurring in this portion of the Project Area, as most of the new development would concentrate in this area. Vacant and underutilized land and many commercial areas would be redeveloped with new residential, commercial, business park, and public park uses. Most of the area eliminated under this alternative, i.e., the area south of Broadway Avenue, is not expected to have significant changes, but to continue to be primarily a commercial area, albeit redeveloped with more viable and modern commercial uses. Housing that the Project could provide in the area south of Broadway, would not be constructed under this alternative. Generally, a reduction in the size of a development area would result in less development, and consequently, in reduced environmental impacts on air quality, noise, traffic, and urban systems. Overall, this alternative would generate mixed environmental impacts, as it would increase some of the Project's impacts, while reducing others. This alternative could generate less traffic and air pollutant emissions, but more demand for school facilities. This alternative could also result in an adverse impact on the regional jobs/housing balance. Puac:9160-113361B2621'40 8 This alternative would eliminate a portion of the Project Area found to be blighted and in a need of redevelopment. The eliminated portion of the Project Area has particularly undesirable social conditions, including a concentration of bars and other uses that are creating public disorder and contributing to the area's decline. Eliminating this area from redevelopment would preclude an achievement of the goals and objectives of the proposed Project to eradicate blighting conditions and prevent their reoccurrence in the entire Project Area. The inability to achieve these goals and objectives makes this alternative infeasible. Accordingly, the City Council of the City of Anaheim finds that the "smaller project area" alternative is infeasible. 5. Development with Value-Oriented Retail Centers This alternative considers developing value-oriented retail uses, or "power centers", in the area adjacem to the Santa Ana Freeway. Power centers are retail uses that attract customers from a large, often regional markets and which generate large volume of sales. Centers with retail stores like Home Depot, Home Club, Ikea furniture, the Citadel manufacturers outlet, and other large discount stores, are typical "power cemers ". Freeway access and high visibility of the areas in the northern portion of the Project Area makes them well-suited to development with such uses. The widening of the Santa Ana Freeway would make these locations even more attractive to such development. Development under this alternative would result in more imensive use of land and increased floor area of retail commercial uses. This increase in development, in turn, would increase most environmental impacts. especially traffic, air pollution, land use compatibility, and jobs/housing balance. This alternative, however, would generate greater tax increment revenues to the Agency and the City than the Project, providing greater economic benefit to the residents of Anaheim. This alternative would also create more employment opportunities for the City residents than the Project. However, as development under this alternative would result in more and greater environmental impacts than those of the Project's, this alternative is considered environmentally inferior to the Project and is rejected. Accordingly, the City Council of the City of Anaheim finds that this alternative is infeasible. 6. Alternate Location This alternative considers an alternate location for a project area for the Brookhurst Commercial Corridor Redevelopment Plan. A major objective of a redevelopment plan is the elimination of blight and blighting conditions. The Project Area has been selected for redevelopment because preliminary studies have been completed that identify it as a blighted area in need of assistance. The exact location and extent of a redevelopment plan at an alternate location would have to comply with criteria regarding blight contained in the Community Redevelopment Law. ~,u~l.:9160_113361 B2621.40 9 The selection of an alternate location would mean that no benefits associated with redevelopment would be undertaken such as street and infrastructure improvements or consolidation of property in the commercial, industrial and residential areas within the Brookhurst Commercial Corridor Project Area have been found to be blighted. Redevelopment in some alternate project area would not allow the Project Area to benefit from redevelopment activities. Because this alternative would not meet the basic objectives of the proposed Project within a specified area, this alternative is not considered feasible for this Project. Accordingly, the City Council of the City of Anaheim finds that the Ualternate location" alternative is infeasible. PttBL:9160_11336[B2621.40 10 V. STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act requires the decision maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. (Title 14, California Code of Regulations, Section 15093.) Based on information set forth in the Final EIR and the foregoing Findings of Fact, the City Council of the City of Anaheim finds that the adverse environmental impacts of the Project related to air quality, secondary land use impacts (on traffic, air quality, schools, local parks and historic structures) and local parks are potentially significant and cannot be entirely mitigated or avoided if the Project is implemented. However, the unavoidable significant environmental effects of the Project are overridden by the benefits of the Project and the considerations described below. Therefore, the City Council of the City of Anaheim hereby approves and adopts this Statement Of Overriding Considerations and finds that, for the reasons set forth below, economic, social and other benefits of the Project outweigh its unavoidable significant environmental effects identified in the Findings of Fact. 1. The proposed Project will provide up to almost 2000 additional jobs in the Brookhurst Commercial Corridor Redevelopment Project Area, replacing jobs previously lost in the Project Area, as outlined in the Final EIR, pages 3.8-2 through 3.8-4. 2. The proposed Project will provide tax increment revenues to the Agency to provide needed public improvements for the Project Area, which revenues would not be available to the Agency without the adoption of the proposed Project. 3. The proposed Project would provide a program for the elimination and prevention of the spread of blight in the Project Area through provisions of public improvements, redevelopment of substandard properties, provision of incentives for the improvement of businesses, and provision of low- and moderate-income housing which would not be available without the Project, as outlined in the Redevelopment Plan. 4. The adoption of the proposed Redevelopment Plan will provide methods of eliminating blight, such as through acquisition of blighting properties, which would not be available to the City except through the power of redevelopment and would enable the Agency and City to implement the many significant goals and objectives of the Plan. 5. Many of the adverse environmental effects of the Project could occur even if the area were developed without redevelopment powers under the City's General Plan, although such development would be expected to take place at a slower pace. Redevelopment powers will provide the Agency and the City with methods of mitigating these effects (such as through areawide studies and mitigation programs) which would not be available or would be more difficult to implement without redevelopment. Pum.:9160_l 13361 B2621.40 1 ] A~ITACHMENT B BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROTECT MITIGATION MONITORING PLAN This mitigation monitoring plan for the Redevelopment Plan for the Brookhurst Commercial Corridor Project Area has been prepared in compliance with California Public Resources Code Section 21081.6. The plan has been designed to ensure compliance during project implementation. 1. MONITORING CHECKLIST Project mitigation measures, identified to mitigate, avoid, or substantially lessen significant effects on the environment have been incorporated into a checklist. Each mitigation measure is listed separately on the checklist with space for monitoring the progress of implementation of the mitigation measure. This checklist is the basis for the monitoring plan. Any information provided to the City by the applicants for individual development projects must be kept with the checklist in the project file' for that project for the purpose of verification. The table showing each mitigation measure and details of monitoring is included at the end of this section. 2. MONITORING PLAN 2.1 Program-Level Mitigation Monitoring The overall monitoring plan for the Brookhurst Commercial Corridor Redevelopment Project will be conducted by the Anaheim Redevelopment Agency, who will monitor mitigation measures which appIy to the Project Area as a whole. A project level monitoring program must be carried out for each individual development or public improvement project in the Project Area. Many mitigation measures can be monitored through the City's plancheck process. When a proposed project with mitigation measures is submitted for review by the City, the City shall submit a copy of the application to Agency staff for review along with a copy of the monitoring checklist. As City staff reviews the project plarg the plans will be'checked for compliance with each mitigation measure. 2.2 Project Design Mitigation Measure (Project-Specific) A project 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. These plans will be reviewed for each mitigation measure, 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 back for corrections. Plans will not be approved 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 construction project. Verification of compliance will then be noted on the monitoring checklist and signed off, thereby completing the process for that particular monitoring measure. 2.3 Ongoing Mitigation Measures (Project Specific) An ongoing mitigation measure is a measure that is associated with the project over a period of time, such as dust control or landscape maintenance. Monitoring of this type of measure will be similar to that described in Section 2.1, 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. 3. OUTSIDE CONSULTANTS For cases in which compliance. with a mitigation measure cannot be verified through the plancheck process or the Citfs established inspection process, or require specialized expertise, an outside consultant may be hired. The project proponent may hire outside consultants subject to City approval, or the City will do so. Should the City hire consultants, the City will collect a deposit from the project proponent for the consultant services, as described in Section 5 of th~ plan. .... ) 4. OTHER AGENCIES Monitoring mitigation measures requested by bther agencies will be the responsibility of the requesting agency. These agencies will be notified of their mitigation measures which have been included as part of 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. MONITORING PLAN RECORDS 5.1 Processing Fee The City may charge the applicant for the actual cost to the City for 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. 5.2 Consultant Fee The cost associated with services of outside consultants will be paid by the project proponent. A deposit may be required by the City to be applied towards the consultant services. Any unused portion of the deposit will be refunded. 6. MITIGATION MONITORING PLAN AGREEMENT The City may require a separate agreement from the project applicant specifying the project applicant's fiscal responsibility for the monitoring program, including manner of payment, penalties for non-compliance, 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 pertinent issues identified by the City. 7. SANCTIONS FOR NON-COMPLIANCE In order to achieve full compliance with this monitoring program, all mitigation measures contained in this program shall be implemented. The City has the authority to apply sanctions or penalties-to an applicant for non-compliance with these measures. Sanctions and penalties may include, but not be llm~ted to, withhold building permit or certificate of occupancy, stop work orders, or fmes. Sanctions shall be enforced until the apl~licant has provided evidence showing compliance with the City. Avr, cd?, /,rr ---; MITIGATION MONITORING PLAN FOR BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENVF PROJECT CEQA Action: Environmental Impact Report #319 Project Description: Redevelopment Plan for approximately 316-acre area, which includes residential and commercial development Owner/Applicant: City of Anaheim Redevelopment Agency Project Location: Western portion of the City of Anaheim, generally along Brookhurst Street City Actions: Certification of EIR Resolution No.: File No.: MITIGATION MONITORING PLAN Timing Measure Responsible Agehey to Monitor Completion AIR QUALITY Ongoing during 1. Individual developmcnt projccts will be required Traffic Engineering construction to implement mitigation. measures listed in Tables Department; Mitigation II-2 to Iio4 on pages II-13 to II-16 in .the 1993 Monitoring Coordinator SCAQMD CEQA Handbook to mitigate construction impacts. Ongoing during 2. Mitigation measures for mobile and stationary Traffic Engineering construction and operation sources from the $CAQMD CEQA Handbook will Department; Mitigation of individual projects be implemented for the project. Monitoring Coordinator; Planning Department Ongoing as long as 3. The Agency will monitor the progress of Redevelopment Agency rulemaklng is in effect rulemaking regarding toxic air emissions by the South Coast Air Quality Management District to ensure that adequate standards are established and that abatement of toxic emissions in the Project Area proceeds in accordance with the standards. MITIGATION MONITORING PLAN FOR BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion DRAINAGE As determined by the Agency Executive Director and Public Works Public Works Developer, new development and/or redevelopment projects within the Brookhurst Commercial Corridor Redevelopment Plan shall participate in an overall drainage study to update available drainage information for the Project Area and in Infrastructure Improvement (Fee) Program to assist in mitigating existing and future storm drainage system deficiencies as follows: Prior to approval of a. If the specific project development/ subdivision map or redevelopment proposed does not increase or issuance of building permit redirect current or historic storm water quantities/flows, then the project's responsibility shah be limited to participating in the Infrastructure Improvement (Fee) Program to provide storm drainage facilities in 10-year and 25-year storm frequendes and to protect properties/structures for a 100-year storm frequency. MITIGATION MONITORING PL~ FOR BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion DRAINAGE (cont.) Prior to approval of b. If the specific proposed development/ Public Works subdivision map or redevelopment project increases or redirects the issuance of building permit current or historic storm water quantity/flow, then the project shall be required to guarantee mitigation of the impact prior to approval of a final subdivision map or issuance of a building permit. The project shall be required to install the storm drainage facilities to provide storm drainage facilities, for 10-year and 25-year storm frequencies and to protect properties/structures for a 100-year storm frequency prior to acceptance for maintenance of public improvements by the City or occupancy of any bnilding/structure. Ad~litionally the project shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which would include fees, credits, or reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted to the City Engineer for review and approval and shall contain, as a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and (4) construction estimates. .~.~ ATYACHMENT B MITIGATION MONITORING PLAN FOR BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion NOISE Ongoing during 1. To the extent feasible, construction activities Public Works; construction expected to last two weeks or more will be Mitigation Monitoring screened from adjacent noise-sensitive land Coordinator uses with a solid barrier. 2. All construction equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit, school, or other noise-sensitive land uses shall be equipped ~ith properly operating and maintained muffler exhaust systems. 3. Stockpiling and vehicle staging areas shall be located as far as practical to prevent noise impacts on sensitive' receptors. 4. Construction routes will be established where necessary and practical to prevent noise impacts on sensitive receptors. 5. Construction activities will be limited to the hours between 7 a.m. and 6 p.m. Monday through Friday, and between 7 a.m. and 5 p.m. on Saturdays. Construction activities will not be permitted on Sundays and legal holidays. ATFACHMENT B MITIGATION MONITORING PLAN FOR BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion NOISE (cont.) Ongoing during 6. A representative of the Redevelopment Agency Redevelopment Agency;, construction shah meet with school representatives for any Mitigation Monitoring project involving dkect Agency assistance located Coordinator within I/4 mile of a school site to develop additional mitigation measures, if necessary, to minimize impacts of construction on the school. These measures may include rerouting of construction-related. vehicles, restrictions of construction activities by time of day, use of muffling devices on construction equipment, and/or other measures. LIGHT AND GLARE Necessary design features 1. New street lighting will utilize cut-off luminaries Redevelopment Agency;, shall be approved prior to to minimize light spillover onto residences. Planning Department project approval. Individual projects will be 2. The Agency and the City design review of all reviewed again prior to projects shall include review of lighting plans and issuance of occupancy illuminated signage to ensure minimal spillover permit. and glare. (Existing review requirement). 3. Buildings shall not use reflective glass that will cause excessive glare for motorists or residents. " MITIGATION MONITORING PLA~ FOR BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion LIGHT AND GLARE 4. Outdoor lighting shall be designed and installed so (cont.) that all direct illumination is confined to the site by being directed downward and inward and adjacent properties are protected from spillover substantial illumination. The levels of lighting in parking lots and along walkways shall comply with City code requirements. RISK OF UPSET/ HUMAN HEALTH Prior to construction 1, For those sites with known underground tank Public Works leakage, or additional sites where contamlnatioo may exist, a complete soils test and analysis shall be performed prior to development. If the results of the soils test indicate the presence ~f contamination, appropriate remediation will be identified and implemented. No development shall be allowed on the site until the applicant has submitted evidence of complete remediation to the City. A'ITAL~IMENT B , J MITIGATION MONITORING PLAN FOR BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion TRANSPORTATION/ CIRCULATION Ongoing with new 1. The project shah add an castbound right-turn Public Works; Redevelopment development lane at Brookhurst and Lincoln. Agency;, City of Fullerton 2. The project shall contribute on a fair share basis to the implementation of 'master plan" improvements at the following intersection locations: In the City of Fullerton (2) Brookhurst and Orangethorpe (3) Euclid and Orangethorpe In the City of Anaheim (18) Magnolia and La Palma (19) Magnolia and Crescent (20) Magnolia and Lincoln (27) Gilbert and Lincoln (32) Brookhurst and SR-91 Westbound Ramps (33) Brookhurst and SR-9! Eastbound Ramps (38) Brookhurst and Broadway (40) Brookhurst and Ball (only under Alternative Use development scenario) (50) Euclid and Romneya 7 A'I'~t .~CHMENT B MITIGATION MONITORING PLAN FOR BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion TRANSPORTATION/ (51) Euclid and La Palma CIRCULATION (cont.) (52) Euclid and Crescent (53) Euclid and Lincoln (54) Euclid and Broadway (only under General Plan development scenario) ( ) Intersection number used in traffic study SCHOOLS Ongoing throughout life of ® To the extent that the Project can be Redevelopment Agency;, school Redevelopment Plan demonstrated to result in a fiscal detriment to districts the districts, the Agency will attempt to offset that fiscal detriment by measures permitted by law, which may include a pass-through of project tax increment revenues, assistance with site acquisition or facility construction, loans or grants for construction or rehabilitation, or other measures which may be identified. MITIGATION MONITORING PL~ FOR BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timtrig Measure Responsible Agency to Monitor Completion WATER Prior to construction, 1. The water distribution system shall be Public Utilities Department; ongoing during Operation upgraded as described in Table 2, Public Planning Department Improvements, · as needed to support future development in .the Project Area. 2. At the time of individual projects' development, any deficiencies in the local infrastructure shall be upgraded as necessary, as determined. by the City of Anaheim Public Utilities Department. 3. All new development and substantial rehabilitation shah be designed with landscaping accordihg to Ordinance No. 5349 of the City of Anaheim Chapter 10.19 of the Anaheim Municipal Code relating to Landscape Water Efficiency. The purpose is to promote efficient water use through landscape design appropriate to Anaheim's climate zone. 4. Irrigation systems that minimize runoff and eva. poration and maximize water availability to plant roots shall be required in all new developments. and substantial rehabilitations. Dripline irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency. 9 A'VFACHMENT B MITIGATION MONITORING PLAN FOR BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion SEWER Continuing with new 1. Prior to issuance of building permits, all new Public Works development development and/or redevelopment projects within the Brookhurst Commercial Corridor Redevelopment Plan shall participate in a sewer study to determine and analyze flows and sewer needs in the Project Area as defined by the Agency and Public Works - Engineering Department, and in Infrastructure Improvement (Fee) Program to' assist in mitigating eftsting and future sanitary sewer system deficiencies as follows: a. If the specific project development/redevelopment proposed does not increase sewer flows, change points of discharge or discharges into a sewer system that is currently deficient or will become deftcient because of that discharge(s), then the project's responsibility shall be limited to partialpate in the Infrastructure Improvement (Fee) Program. 10 ATs A~a'tMENT B MITIGATION MONITORING PLAN FOR BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion SEWER (cont.) Continuing with new b. If the specific project Public Works development development/redevelopment proposed discharges into a sewer system that is currently deftdent or will become deficient because of that discharge(s), then the project shall be required to guarantee mitigation of the impact prior to approval of a final subdivision map or issuance of a building permit pursuant to the improvements identified in the sewer study for the Brookhurst area. The project shall be required to install the sanitary sewer facilities as recommended by the sewer study for the Brookhurst Area prior to acceptance for maintenance of public improvements by the City or occupancy of any building/structure. Additionally, the project shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which could include fees, credits, or reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the san!lary sewer system, a sauitary sewer system improvement phasing plan for the project shall be submitted to the City Engineer for review and approval and shall contain, as a 1! ATI~CHMENT B MITIGATION MONITORING PLAN FOR BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion SEWER (cont.) minimum, (l) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and (4) construction estimates. SOLID WASTE Planning Department; Public 1. Individual commercial and industrial Works Continuing with new developments shall provide an adequate waste development storage area for collection and storage of recyclables and green waste materials. 12 A~h.~CHMENT B MITIGATION MONITORING PLAN FOR BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion ELECTRICITY Continuing with new 1. The installation of thermal energy storage systems Planning Department; Public development for space cooling are encouraged, where Utilities Department appropriate, that would move load from the on- peak to the off-peak period. 2. The installation of residential air conditioning cycling devices are encouraged as a peak-shaving program that is under the control of the load schedulers. The-control device cycles off customers' central air conditioners during summer peak-demand periods. 3. Interruptible load service is recommended to reduce load at times of expected system peak demand. The interrupted load is expected to be shifted to the mid- or off-peak periods. The program is modeled as a combination of a peak shaving and a load building program. The Department has agreed to "buy" the reduction in peak demand by paying the customer for what is utilized only at the times of peak demand. 13 '~'~ ATI~'~HMENT B MITIGATION MONITORING PLAN FOR BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT (continued~ MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion ELECTRICITY (cont.) 4. Commercial fighting improvements are recommended and include the use of high efficiency fluorescent bulbs and ballasts, reflectors, delamp'mg where appropriate, occupancy sensors, and controls that adjust for the amount of daylight available. Both energy consumption and capacity requirements are reduced by encouraging more efficient lighting installations. 5. The installation 'of high efficiency air conditioning models is encouraged to reduce energy consumption and daily peak demand for each day there is an air conditioning load. AESTHETICS 1. A setaside for the arts shall be negotia{ed on a Redevelopment Agency project-by-project basis for projects involving Ongoing during direct Agency assistance implemented through an development Owner Participation Agreement or a Disposition and Development Agreement. 14 ~!TI~A~ION MONITO~JN~ P[,~N FOR BROOKHURST COMMERCIAL CORRIDOR REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion CULTURAL AND ARCHAEOLOGICAL RESOURCES Ongoing during 1. All areas within the Project Area where the Redevelopment Agency;, construction and ground surface is exposed should be surveyed by Planning Department; development a qualified archaeologist prior to any earth Mitigation Monitoring removal or disturbance. Coordinator 2. Where the ground surface is not visible, a qualified archaeologist should be present to conduct monitoring activities during any earth removal or disturbance. 3. The Agency shall enc9urage future development to preserve the Stanton House through an appropriate re-nse activity. The Agency and the City shall review and approve proposed re-use proposals for the Stanton House to ensure that those proposals are in conformance with the appropriate State and City regulations concerning historic structures. 4. Design of any development adjacent to the Stanton House shall be reviewed and approved by the City to protect the historic character of the Stanton House building. 15