Resolution-PC 2013-064RESOLUTION NO. PC2013 -064
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
RECOMMENDING THAT THE ANAHEIM CITY COUNCIL
CERTIFY FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 2012 -00346
AND ADOPT FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS AND
MITIGATION MONITORING PROGRAM 85C FOR THE
HOUSING OPPORTUNITIES REZONING PROJECT
(DEV2012- 00118)
WHEREAS, by Resolution No. 2004 -94 adopted on May 25, 2004, the City Council of
the City of Anaheim ( "City Council ") certified Final Environmental Impact Report No. 330 ( "FEIR
No. 330 "), adopted Findings and a Statement of Overriding Considerations in connection therewith,
and adopted Mitigation Monitoring Program No. 112, which collectively constituted the environmental
documentation under and pursuant to the California Environmental Quality Act of 1970, as amended
( "CEQA ") and the State of California Guidelines for Implementation of the California Environmental
Quality Act ( "CEQA Guidelines ") relating to a comprehensive update of the General Plan for the City
of Anaheim ( "2004 General Plan Update "); and,
WHEREAS, since the adoption of the 2004 General Plan Update, forty -two (42)
separate General Plan Amendments have been approved by the City Council, including the 2006 -2013
Housing Element; and,
WHEREAS, the 2006 -2013 Housing Element contains Housing Production Strategy
IV: Rezoning of Housing Opportunity Sites, which commits the City to develop an approach to allow
"by- right" residential development on non - residentially -zoned properties that are designated for
residential land use by the General Plan and have a strong development or redevelopment potential to
accommodate housing affordable to low and moderate income households ( "Opportunity Sites "); and,
WHEREAS, a new version of the Anaheim Traffic Analysis Model ( "ATAM ") was
approved by the Orange County Transportation Authority ( "OCTA ") in March, 2012; and,
WHEREAS, Senate Bill ( "SB ") 97 was signed into law, requiring that greenhouse gas
emissions be analyzed under CEQA; and,
WHEREAS, SB 226 was signed into law, allowing cities to utilize various CEQA
streamlining provisions for infill projects; and,
WHEREAS, the Proposed Project, identified as the Housing Opportunities Rezoning
Project, would implement the Housing Production Strategy IV: Rezoning of Housing Opportunity
Sites contained in the 2006 -2013 Housing Element by (i) updating Tables LU -5: Residential Buildout
Estimates and LU -6: Non - Residential Build -Out Estimates of the Land Use Element of the General
Plan to reflect the 42 General Plan amendments that have been adopted since the 2004 General Plan
Update (herein referred to as "General Plan Amendment No. 2013 - 00488 "); (ii) amending the Zoning
Code (herein referred to as "Zoning Code Amendment No. 2013 - 00110 "); and (iii) amending the
Zoning Map (herein referred to as "Reclassification No. 2013- 00255 "); and,
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WHEREAS, pursuant to and in accordance with the provisions of CEQA, the CEQA
Guidelines, and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Housing Opportunities Rezoning
Project; and,
WHEREAS, Section 21166 of the California Public Resources Code sets forth the
circumstances under which a supplemental environmental impact report ( "SEIR ") shall be prepared;
and,
WHEREAS, the City has determined that a SEIR is the appropriate environmental
documentation for the Proposed Project because of the changes that have occurred since FEIR No. 330
was certified in 2004; and,
WHEREAS, a Notice of Preparation ( "NOP ") for EIR No. 2012 -00346 and the
Proposed Project's initial study were distributed to the public on October 15, 2012. The public review
period for the initial study ended on November 16, 2012. The City held a public scoping meeting on
November 7, 2012 to provide members of the public with an opportunity to learn about the Proposed
Project, ask questions and provide comments about the scope and content of the information to be
addressed in Draft EIR No. 2012 - 00346; and,
WHEREAS, Draft EIR No. 2012 -00346 was made available for a 45 -day public review
period from July 15, 2013 through August 28, 2013. The Notice of Availability ( "NOA "), which also
included noticing for the public hearing before the Planning Commission of the City of
Anaheim( "Planning Commission ") and a tentative date for the public hearing before the City Council,
was sent to a list of interested persons, agencies and organizations, as well as property owners with
properties subject to Reclassification No. 2013 - 00255. The Notice of Completion ( "NOC") was sent to
the State Clearinghouse in Sacramento for distribution to public agencies. Copies of Draft EIR No.
2013 -00346 were made available for public review at the City of Anaheim Planning Department and at
the Anaheim Central Library. Draft EIR No. 2012 -00346 was also made available for download via the
City's website; and,
WHEREAS, in conformance with the requirements of CEQA, the CEQA Guidelines
and the City's Local CEQA Procedure Manual, the City has prepared draft Mitigation Monitoring
Program No. 122A relating to EIR No. 2012 - 00346, a copy of which is attached hereto as Exhibit A ,
and incorporated herein as if set forth in full; and,
WHEREAS, in conformance with the requirements of CEQA, the CEQA Guidelines,
and the City's Local CEQA Procedure Manual, the City will prepare draft Findings and a Statement of
Overriding Considerations relating to EIR No. 2012 - 00346, which will be provided to the City Council
in conjunction with its consideration of EIR No. 2012 -00346 and the Housing Opportunities Sites
Rezoning Project; and,
WHEREAS, in conformance with Sections 15132 and 15362(b) of the CEQA
Guidelines, Final EIR No. 2012 -00346 shall consist of Draft EIR No. 2012 - 00346; comments and
recommendations received on Draft EIR No. 2012 -00346 (either verbatim or in summary); a list of
persons, organizations and public agencies that submitted comments on Draft EIR No.2012- 00346; and
the responses of the City, as the "lead agency ", to significant points raised in the review and
consultation process; and Mitigation Monitoring Program No. 122A; and,
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WHEREAS, on September 9, 2013, the Planning Commission did hold a public
hearing, notice of said public hearing having been duly given, as required by law and in accordance
with the provisions of Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence
for and against EIR No. 2012 -00346 and to investigate and make findings in connection therewith;
and,
WHEREAS, at said public hearing, the Planning Commission did receive evidence and
reports, including all written and verbal comments received during the 45 -day public review period,
concerning the contents and sufficiency of Draft EIR No. 2012 - 00346; and,
WHEREAS, the Planning Commission, based on the information and evidence received
concerning EIR No. 2012 - 00346, does hereby find and determine as follows:
A. Draft EIR No. 2012 -00346 has been prepared in compliance with the
requirements of CEQA and all applicable CEQA Guidelines and the City's Local CEQA Procedure
Manual; and
B. Draft EIR No. 2012 -00346 has been presented to and independently reviewed
and considered by the Planning Commission; and
C. Draft EIR No. 2012 -00346 reflects the independent judgment and analysis of the
Planning Commission; and,
WHEREAS, to the extent authorized by law, the City desires and intends to use EIR
No. 2012 -00346 as the environmental documentation required by CEQA, the CEQA Guidelines and
the City's Local CEQA Procedure Manual for the Housing Opportunities Rezoning Project.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission has reviewed
and considered the environmental information contained in Draft EIR No. 2012 -00346 and does
hereby recommend that the City Council certify EIR No. 2012 -00346 and adopt Findings and a
Statement of Overriding Considerations and Mitigation Monitoring Program 122A, and determine that
EIR No. 2012 -00346 fully complies with CEQA, the CEQA Guidelines, and the City's Local CEQA
Procedure Manual and is adequate to serve as the environmental documentation for the Housing
Opportunities Rezoning Project.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of September 9, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures.
imam
CHAIR, ANAHEIM C Y PLANNING COMMISSION
ATTEST:
r
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on September 9, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 9 th day of September, 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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[DRAFT] ATTACHMENT NO.2
EXHIBIT "A"
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 122A FOR
CITY OF ANAHEIM HOUSING OPPORTUNITIES SITES REZONING PROJECT
CEQA Action: Supplemental Environmental Impact Report No. 346
1. Project Description —
• Certify Supplemental Environmental Impact Report No. 346 and adopt Updated and Modified Mitigation Monitoring
Program No. 122A.
• Approve General Plan Amendment No. 2013 - 00488.
• Approve Zoning Reclassification No. 2013 - 00255.
• Approve Zoning Code Amendment No. 2013 -00110
2. Property Owner/Developer — Any owner or developer of real property within the City boundaries.
Environmental Equivalent /Timing — Any Mitigation Measure and timing thereof, subject to the approval of the City, which
will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in
conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental
equivalent /timing" and, if determined necessary, may refer said determination to the Planning Commission. Any costs
associated with information required in order to make a determination of environmental equivalency /timing shall be borne by
the property owner /developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's
adopted fee schedule.
4. Timing — This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action
items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the
initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Program will occur
because routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if
the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the
approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance.
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5. Responsibility for Monitoring — Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and
determined adequate by all departments listed for each mitigation measure.
6. Ongoing Mitigation Measures — The mitigation measures that are designated to occur on an ongoing basis as part of this
mitigation monitoring program will be monitored in the form of an annual letter from the property owner /developer in January
of each year stating how compliance with the subject measures(s) has been achieved. When compliance with a measure has been
demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will
occur. For measures that are to be monitored "Ongoing During Construction," the annual letter will review those measures only
while construction is occurring. Monitoring will be discontinued after construction is completed.
7. Building Permit — For purposes of this mitigation monitoring program, a building permit shall be defined as any permit issued
for construction of a new building or structural expansion or modification of any existing building but shall not include any
permits required for interior tenant improvements or minor additions to an existing structure or building.
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Responsible for
Timing Mitigation Measure Monitoring Completion
AIR QUALITY
Prior to the
Applicable Mitigation Measures from the 2004 Certified EIR
Public Works
issuance of
5.2 -1 Prior to the issuance of grading permits, the property owner /developer
Department/Engineering
grading permits.
g g p
shall include a note on all grading plans, which requires the construction
Division, Traffic and
contractor to implement following measures during grading. These
Transportation Division;
measures shall also be discussed at the pregrade conference.
• Use low emission mobile construction equipment.
Planning
• Maintain construction equipment engines by keeping them tuned.
Department/Building
• Use low sulfur fuel for stationary construction equipment.
Division
• Utilize existing power sources (i.e., power poles) when feasible.
• Configure construction parking to minimize traffic interference.
• Minimize obstruction of through - traffic lanes. When feasible,
construction should be planned so that lane closures on existing
streets are kept to a minimum.
• Schedule construction operations affecting traffic for off -peak hours.
• Develop a traffic plan to minimize traffic flow interference from
construction activities (the plan may include advance public notice of
routing, use of public transportation and satellite parking areas with a
shuttle service).
Ongoing.
5.2 -2 The City shall reduce vehicle emissions caused by traffic congestion by
Public Works Department/
implementing transportation systems management techniques that include
Traffic and Transportation
synchronized traffic signals and limiting on- street parking.
Division
Prior to certificate
5.2 -3 The City shall encourage major employers, tenants in business parks and
Public Works
of occupancy
other activity centers, and developers of large new developments to
Department/Traffic and
participate in transportation management associations.
Transportation Division
On- going.
5.2 -4 The City shall consider the feasibility of diverting commercial truck traffic to
Public Works
off -peak periods to alleviate non - recurrent congestion as a means to
Department/Traffic and
improve roadway efficiency.
Transportation Division
Prior to issuance of
At the individual development project level, it is recommended that the City
Public Works
building permit.
apply the following mitigation measures to future development projects:
Department/Engineering
5.2 -5 The City will encourage the incorporation of energy conservation
Division, Traffic and
techniques (i.e. installation of energy saving devices, construction of electric
Transportation Division;
vehicle charging stations, use of sunlight filtering window coatings or double-
Planning
paned windows, utilization of light- colored roofing materials as opposed to
Department/Building
dark- colored roofing materials, and placement of shady trees next to
Division
habitable structures ) in new developments.
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Timing
Mitigation Measure
Responsible for
Monitoring
Completion
Prior to issuance of
5.2 -6 The City will encourage the incorporation of bus stands, bicycle racks,
Public Works
building permit.
bicycle lanes, and other alternative transportation related infrastructure in
Department/Engineering
new developments.
Division, Traffic and
Transportation Division;
Planning
Department/Building
Division
Prior to the
Additional Mitigation Measures for the Proposed Project
Planning
issuance of
5.2 -7 Prior to the issuance of building permits, the property owner /developer for
Department/Advanced
building permits.
residential or residential mixed -use projects within: 1) 1,000 feet from the
Planning Division; Zoning
truck bays of an existing distribution centers that accommodate more than
Division
100 trucks per day, more than 40 trucks with operating transport refrigeration
units, or where transport refrigeration unit operations exceed 300 hours per
week; 2) 1,000 feet of an industrial facility which emits toxic air
contaminants; or 3) 500 feet of Interstate 5 (1 -5), SR -91, SR -57 or SR -55,
shall submit a health risk assessment (HRA) prepared in accordance with
policies and procedures of the state Office of Environmental Health Hazard
Assessment (OEHHA) and the SCAQMD.
The HRA shall be submitted to the City Planning Department prior
to issuance of building permits for any future discretionary
residential or residential mixed -use project. If the HRA shows that
the incremental cancer risk exceeds one in 100,000 (1.OE -05), or
the appropriate noncancer hazard index exceeds 1.0, or if the
PM10 or PM2.5 ambient air quality standard exceeds 2.5 pg /m3,
the HRA shall identify the level of high- efficiency Minimum
Efficiency Reporting Value (MERV) filter required to reduce indoor
air concentrations of pollutants to achieve the cancer and /or
noncancer and /or ambient air quality threshold. Heating,
ventilation, and air conditioning systems for units that are installed
with MERV filters shall maintain positive pressure within the
building's filtered ventilation system to reduce infiltration of
unfiltered outdoor air. The property owner /developer shall be
required to install high efficiency MERV filters in the intake of
residential ventilation systems, consistent with the
recommendations of the HRA. Heating, air conditioning and
ventilation (HVAC) systems shall be installed with a fan unit power
designed to force air through the MERV filter. To ensure long -term
maintenance and replacement of the MERV filters in the individual
units, the following shall occur:
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Timing
Mitigation Measure
Responsible for
Monitoring
Completion
grading permit.
a) Developer, sale, and /or rental representative shall provide
Department/Building
notification to all affected tenants /residents of the potential health
Division, Advanced
risk for affected units.
Planning Division; Zoning
b) For rental units, the owner /property manager shall maintain
Division
Prior to issuance of
and replace MERV filters in accordance with the manufacture's
Planning
certificate of
recommendations. The property owner shall inform renters of
Department/Building
occupancy.
increased risk of exposure to diesel particulates when windows
Division, Advanced
are open.
Planning Division; Zoning
C) For residential owned units, the Homeowner's Association
Division
Prior to issuance of
(HOA) shall incorporate requirements for long -term maintenance
Planning
grading permit.
in the Covenant Conditions and Restrictions (CC &Rs) and inform
Department/Building
homeowners of their responsibility to maintain the MERV filter in
Division, Advanced
accordance with the manufacturer's recommendations. The HOA
Planning Division; Zoning
shall inform homeowners of increased risk of exposure to diesel
Division
particulates when windows are open.
e) For projects within 500 feet of the freeway, air intakes on
residential buildings shall be placed as far from the freeway as
possible.
f) For projects within 500 feet of the freeway, the residential
buildings should be designed to limit the use of operable windows
and /or balconies on portions of the site adjacent to and facing the
freeway.
BIOLOGICAL RESOURCES
Prior to issuance of
5.3 -1 Retention of rare communities shall be incorporated into building and
Planning
grading permit.
project design to the maximum extent practical. Rare communities include
Department/Building
oak, riparian and wetland, walnut woodland, and coastal sage scrub. If
Division, Advanced
retention is not practical, healthy specimens shall be relocated and /or
Planning Division; Zoning
replaced.
Division
Prior to issuance of
5.3-2- Property owners /developers will be required to restore and re- vegetate
Planning
certificate of
where the loss of small and /or isolated habitat patches is proposed.
Department/Building
occupancy.
Division, Advanced
Planning Division; Zoning
Division
Prior to issuance of
5.3 -3 If construction activity is timed to occur during the nesting season (typically
Planning
grading permit.
between March 1 and July 1), developers will be required to provide focused
Department/Building
surveys for nesting birds pursuant to California Department of Fish and
Division, Advanced
Game requirements. Such surveys shall identify avoidance measures taken
Planning Division; Zoning
to protect active nests.
Division
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Responsible for
Timing
Mitigation Measure
Monitoring
Completion
Ongoing during
5.3 -4 Removal of nonnative trees shall be permitted only outside the nesting
Planning
construction
season.
Department/Building
activities.
Division, Advanced
Planning Division; Zoning
Division
Ongoing during
5.3 -5 Any crushing of existing habitat during the breeding season of the
Planning
construction
gnatcatcher shall occur only under the supervision of a biological monitor.
Department/Building
activities
Division, Advanced
Planning Division; Zoning
Division
Prior to issuance of
5.3 -6 Preserved and /or protected areas will be identified by the project biologist
Planning
grading permit.
and isolated with construction fencing or similar materials prior to clearing or
Department/Building
grading activities. Protected areas include existing woodland and coastal
Division, Advanced
sage scrub adjacent to revegetation areas and individual trees and patches
Planning Division; Zoning
of native habitat to be preserved within revegetation areas.
Division
Prior to issuance of
5.3 -7 Lighting in residential areas and along roadways shall be designed to
Planning
building permit.
prevent artificial lighting from reflecting into adjacent natural areas.
Department/Building
Division, Advanced
Planning Division; Zoning
Division; Public Works
Department/Traffic and
Transportation Division
Prior to issuance of
5.3 -8 Prior to the issuance of grading permits for any project potentially affecting
Public Works
grading permit.
riparian or wetland habitat, the property owner /developer shall provide
Department/Engineering
evidence that all necessary permits have been obtained from the State
Division; Planning
Department of Fish and Game (pursuant to Section 1601 -1603 of the Fish
Department/Building
and Game Code) and the U.S. Army Corps of Engineers (pursuant to
Division, Advanced
Section 404 of the Clean Water Act) or that no such permits are required, in
Planning Division; Zoning
a manner meeting the approval of the City of Anaheim Planning Department.
If a Section 404 Permit from the ACOE is required, a Section 401 Water
Division
Quality Certification will also be required from the California Regional Water
Quality Control Board, Santa Ana Region.
Prior to issuance of
5.3 -9 Prior to issuance of grading permit for any project potentially affecting the
Public Works
grading permit.
Gypsum Canyon underpass, the property owner /developer shall submit a
Department/Engineering
biological resources analysis which assesses potential impacts to wildlife
Division; Planning
movement.
Department/Building
Division, Advanced
Planning Division; Zoning
Division
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Responsible for
Timing Mitigation Measure Monitoring Completion
CULTURAL RESOURCES
Applicable Mitigation Measures from the 2004 Certified EIR.
Prior to issuance of
5.4 -1 City staff shall require property owners /developers to provide studies to
Planning
See Mitigation Measures 5.2 -2 through 5.2 -6 above.
grading permit.
document the presence /absence of historic resources for areas with
Department/Building
Additional Mitigation Measures for the Proposed Project
Public Works/Traffic and
documented or inferred resource presence. On properties where resources
Division, Advanced
5.2 -8 The City shall evaluate strategies to reduce truck idling during the peak
Transportation Division
are identified, such studies shall provide a detailed mitigation plan, including
Planning Division; Zoning
hour period of the roadway network, such as staggered work/delivery
a monitoring program and recovery and /or in situ preservation plan, based
Division
schedules, truck routes, and /or intersection improvements.
on the recommendations of a qualified specialist.
Prior to issuance of
5.4 -2 City staff shall require property owners /developers to provide studies to
Planning
grading permit.
document the presence /absence of archaeological and /or paleontological
Department/Building
resources for areas with documented or inferred resource presence. On
Division, Advanced
properties where resources are identified, such studies shall provide a
Planning Division; Zoning
detailed mitigation plan, including a monitoring program and recovery and /or
Division
in situ preservation plan, based on the recommendations of a qualified
specialist.
Prior to issuance of
5.4 -3 All archaeological resources shall be subject to the provisions of CEQA
Planning
grading permit.
(Public Resources Code) Section 21083.2.
Department/Building
Division, Advanced
Planning Division; Zoning
Division
GEOLOGY AND SOILS
Prior to issuance of 5.5 -1 The City shall require geologic and geotechnical investigations in areas of Planning
grading permit. potential seismic or geologic hazards as part of the environmental or Department/Building
development review process. All grading operations will be conducted in Division
conformance with -the recommendations contained in the applicable
geotechnical investigation.
GREENHOUS GAS
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Applicable Mitigation Measures from the 2004 Certified EIR.
See Mitigation Measures 5.2 -2 through 5.2 -6 above.
Ongoing.
Additional Mitigation Measures for the Proposed Project
Public Works/Traffic and
5.2 -8 The City shall evaluate strategies to reduce truck idling during the peak
Transportation Division
hour period of the roadway network, such as staggered work/delivery
schedules, truck routes, and /or intersection improvements.
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HAZARDS AND HAZARDOUS MATERIALS
Prior to issuance of
Responsible for
Planning
Timing
Mitigation Measure
Monitoring
Completion
Prior to issuance of
5.2 -9 The City shall support and promote the use of low- and zero - emission
Public Utilities /Business
Division
building permits.
vehicles, by:
and Community Programs
• Encouraging the necessary infrastructure to facilitate the use of
to the issuance of a building permit for a mixed -use residential project, that
zero- emission vehicles and clean alternative fuels, such as electric
the property owner /developer send a Notification Letter to businesses in
vehicle charging facilities and conveniently - located alternative fueling
proximity to the project to inform them of the presence of the sensitive use
stations.
(i.e., residential land uses). The letter shall request that the mixed -use
• Encouraging new construction to include vehicle access to
project property owner /residents be notified of any accident at the nearby
properly wired outdoor receptacles to accommodate zero emission
businesses that may involve the release of hazardous substances. The
vehicles (ZEV) and /or plug -in electric hybrids (PHEV).
Good Neighbor Program shall also require that the future project property
• Encouraging transportation fleet standards to achieve the lowest
owner/ developer prepare a Safety Plan, which shall be implemented
emissions possible, using a mix of alternate fuels, partial ZEV, or
ongoing during project operation that includes staff training, emergency
newer fleet mixes.
tools, and first aid provisions, supervision of children or other individuals in
Ongoing.
5.2 -10 The City shall encourage the performance of energy audits of buildings
Public Utilities /Business
prior to completion of sale, and that audit results and information about
and Community Programs
opportunities for energy efficiency improvements be presented to the buyer.
Ongoing.
5.2 -11 The City shall develop protocols for safe storage of renewable and
Fire /Hazardous Material
alternative energy products with the potential to leak, ignite, or explode, such
Section
as biodiesel, hydrogen, and /or compressed air.
Ongoing.
5.2 -12 The City shall recognize businesses in the City that reduce GHG
Public Utilities /Business
emissions (e.g., reduced energy use) as a means to encourage GHG
and Community Programs
reductions and recognize success.
HAZARDS AND HAZARDOUS MATERIALS
Prior to issuance of
5.6 -1 Prior to issuance of the first residential building permit in a future mixed-
Planning
the first residential
use zone, the City of Anaheim shall adopt a "Good Neighbor Program" which
Department/Building
building permit in a
g p
requires future residential projects to provide a Notification Letter and
Division
future mixed -use
prepare a Safety Plan. The Good Neighbor Program shall require that prior
zone.
to the issuance of a building permit for a mixed -use residential project, that
the property owner /developer send a Notification Letter to businesses in
proximity to the project to inform them of the presence of the sensitive use
(i.e., residential land uses). The letter shall request that the mixed -use
project property owner /residents be notified of any accident at the nearby
businesses that may involve the release of hazardous substances. The
Good Neighbor Program shall also require that the future project property
owner/ developer prepare a Safety Plan, which shall be implemented
ongoing during project operation that includes staff training, emergency
tools, and first aid provisions, supervision of children or other individuals in
an emergency situation, and a shelter -in -place program for when evacuation
is not aoorooriate or Dracticable.
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Responsible for
Timing
Mitigation Measure
Monitoring
Completion
Prior to the final
5.6 -2 Prior to the final building and zoning inspections for any residential project
Planning
building and
within 1,000 feet of a use that has the potential to release substantial
Department/Building
zoning inspections
amounts of airborne hazardous materials (determined to be "Category 1, 2,
Division, Advanced
for any residential
or 3" hazardous materials), the project property owner /developer shall
Planning Division; Zoning
project within
submit a shelter -in -place program to the Planning Director for review and
Division
1,000 feet of a use
approval. The shelter -in -place program shall require the property
owner /developer to purchase a subscription to a service that provides
that has the
"automated emergency notification" to individual residents (subject to
potential to release
meeting minimum standards set by the City) of the project. The shelter -in-
substantial
place program shall include the following:
amounts of
0 The property owner /developer shall be required to purchase a
airborne
minimum 10 -year subscription to such a service that would include
hazardous
periodic testing (at least annually).
materials.
0 The CC &Rs for each individual project shall require that each property
owner and /or project Homeowners Association (HOA):
• Maintain a subscription following expiration of the initial
purchased subscription.
• Maintain in a timely manner the database of resident phone
numbers in conjunction with the service.
• Provide appropriate agencies (police, fire, other emergency
response as identified by the City) with information on how to activate
the notification via the service provider.
The CC &Rs for each individual project shall require that each resident
provide the property owner /HOA with a current phone number for the
residence and /or individual residents; this would include timely
notification following the sale of a unit and would require notification if
the unit were rented or leased or subject to any other change in
occupancy.
Prior to issuance of
5.6-23 Prior to issuance of any discretionary permit for a current or former
Planning
any discretionary
hazardous waste disposal site or solid waste disposal site, the project
Department/Building
permit for a current
property owner /developer shall submit a Phase I Environmental Site
Division, Advanced
or former
Assessment to the City. If possible hazardous materials are identified during
Planning Division; Zoning
hazardous waste
the site assessments, the appropriate response /remedial measures will be
Division
disposal site or
implemented in accordance with the requirements of the Orange County
solid waste
Health Care Agency (OCHCA) and /or the Regional Water Quality Control
disposal site.
Board (RWQCB), as appropriate.
Prior to issuance of
5.6 -4 Prior to issuance of a building permit, new development project property
Planning
building permit.
owner /developers shall use the most current available Airport Environs Land
Department/Building
Use Plan (AELUP) as a planning resource for evaluating heliport and airport
Division
operations as well as land use compatibility and land use intensity in the
proximity of Los Alamitos Joint Training Base and Fullerton Municipal
Airport.
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Timing
Mitigation Measure
Responsible for
Monitoring
Completion
Prior to issuance of
5.6 -5 Applicants seeking approval for the construction of new development or
Planning
building permit.
the operation of a heliport or helistop shall comply with the State permit
Department/Building
procedure provided for by law as well as conditions of approval imposed or
Division
recommended by the Federal Aviation Administration (FAA), by the Airport
Planning Division
Prior to issuance of
Land Use Commission, and by Caltrans Division of Aeronautics.
Public Works
Prior to issuance of
5.6 -6 City staff shall review new development projects for their compliance with
Planning
building permit.
the State of California Department of Transportation, Division of Aeronautics,
Department/Building
California Airport land Use Planning Handbook.
I Division
HYDRULUUY AND WATER QUALITY
Ongoing.
5.7 -1 The City shall work with the Orange County Flood Control District to
Public Works
building permit.
ensure that flood control facilities are well maintained and capable of
Department/Engineering
accommodating, at a minimum, future 25 -year storm flows.
Division; Planning
The report shall show that the development will be sound - attenuated against
Department/Advanced
present and projected noise levels, including roadway, aircraft, helicopter
Planning Division
Prior to issuance of
5.7 -2 The City shall require that new developments conduct a drainage study
Public Works
grading permit.
and mitigate its drainage impacts if the development creates a deficiency in
Department/Engineering
building permit.
an existing storm drain facility or discharges to an existing deficient facility.
Division; Planning
Use Plan (AELUP) as a planning resource for evaluating heliport and airport
Department/Building
operations as well as land use compatibility and land use intensity in the
Division
Prior to issuance of
5.7 -3 The City shall require that new developments and /or significant
Public Works
grading permit.
redevelopments prepare a drainage study to be reviewed and approved by
Department/Engineering
the City Engineer and mitigate its drainage impacts to the satisfaction of the
Division; Planning
city Engineer.
Department/Building
Division
NUI5E
Prior to issuance of
5.10 -1 Prior to the issuance of building permits for any project generating over
Planning
building permit.
100 peak hour trips, the project property owner /developers shall submit a
Department/Building
final acoustical report prepared to the satisfaction of the Planning Director.
Division
The report shall show that the development will be sound - attenuated against
present and projected noise levels, including roadway, aircraft, helicopter
and railroad, to meet City interior and exterior noise standards.
Prior to issuance of
5.10 -2 Prior to issuance of a building permit, new development project property
Planning
building permit.
owner /developers shall use the most current available Airport Environs Land
Department/Building
Use Plan (AELUP) as a planning resource for evaluating heliport and airport
Division
operations as well as land use compatibility and land use intensity in the
proximity of Los Alamitos Joint Training Base and Fullerton Municipal
Airport.
-10- PC2013 -064
Responsible for
Timing Mitigation Measure Monitoring Completion
POLICE AND FIRE
Prior to issuance of 5.11 -1 Future projects will be reviewed by the City of Anaheim on an individual Planning
building permit. basis and will be required comply with requirements in effect at the time Department/Building
building permits are issued (i.e., impact fees, etc.) or if an initial study is Division; Fire Department;
prepared and the City determines the impacts to be significant, then the Police Department
project will be required to comply with appropriate mitigation measures (i.e.,
fire station sites, etc.).
PUBLIC SERVICES AND FACILITIES
-11- PC2013 -064
Water Services
Prior to issuance of
5.13 -1 Prior to issuance of building permits, future projv fv sltia.l.l, of *Kwa Prat&
Public Works
building permit.
cowrti, wLff —.H waf&r c.& , tio , we.e . ' . fa -
Department/Engineering
t of f - e,CV'i E"i.�:
Division; Planning
Department/Building
• Install a separate irrigation meter when the total landscaped area
Division
exceeds 2,500 square feet. (City of Anaheim Water Conservation
Measures)
• Use of efficient irrigation systems such as drip irrigation systems and
automatic systems that include moisture sensors. (City of Anaheim
Water Conservation Measures)
• Use of low -flow sprinkler heads in the irrigation system. (City of
Anaheim Water Conservation Measures)
• Use of water - conservation landscape plant materials, wherever
feasible. (City of Anaheim Water Conservation Measures)
• Low -flow fittings, fixtures, and equipment including low flush toilets
and urinals. (City of Anaheim Water Conservation Measures)
• Use of cooling tower and waterway recirculation systems. (City of
Anaheim Water Conservation Measures)
• Use of water efficient ice machines, dishwashers, clothes washers,
and other water using appliances. (City of Anaheim Water
Conservation Measures).
Prior to issuance of
5.13 -2 Prior to the issuance of the first building permit or grading permit,
Public Works
first building permit
whichever occurs first, future projects in The Platinum Triangle shall comply
Department/Engineering
or grading permit,
with the adopted Stadium Business Center Water Facilities Fee Program
Division; Planning
whichever occurs
(Rule 15D of the Water Utilities Rates, Rules, and Regulations per
Department/Building
first.
Resolution No. 99R -142, effective September 22, 1999).
Division
Prior to first
5.13 -3 Prior to the issuance of the first building permit or grading permit,
Public Works
building permit or
whichever occurs first, future projects within The Anaheim Resort Specific
Department/Engineering
grading permit,
Plan Expansion Area (along Harbor Boulevard, south of Orangewood
Division; Planning
whichever occurs
Avenue to the south City Limit) shall comply with the adopted Anaheim
Department/Building
first.
Resort Area Water Facilities Fee Program (Rule 15E of the Water Utilities
Division
Rates, Rules, and Regulations per Resolution No. 95R -140, effective
September 15, 1995).
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Timing
Mitigation Measure
Responsible for
Monitoring
Completion
Sewer Services
Prior to approval of
5.13 -4 Prior to approval of a final subdivision map or issuance of a grading or
Public Works
a final subdivision
building permit, whichever occurs first, the City Engineer shall review the
Department/Engineering
map or issuance of
location of each project to determine if it is located within an area served by
Division; Planning
a grading or
deficient sewer facilities or the proposed project, with peak flows provided by
Department/Building
building permit,
the property owner, will create a deficiency in an existing sewer line. If the
Division
whichever occurs
City Engineer determines that either condition exists, the property
owner /developer shall conduct a sanitary sewer study to be reviewed and
first.
approved by the City Engineer. If the project will increase sewer flows
beyond those programmed in the appropriate master plan sewer study for
the area or if the project currently discharges to an existing deficient sewer
system or will create a deficiency in an existing sewer line, the property
owner /developer shall be required to guarantee mitigation of the impact to
adequately serve the area to the satisfaction of the City Engineer and City
Attorney's Office. The property owner /developer shall be required to install
the sanitary sewer facilities, as required by the City Engineer to mitigate the
impacts of the proposed development based upon the applicable sewer
deficiency study, prior to acceptance for maintenance of public
improvements by the City or final building and zoning inspection for the
building /structure, whichever occurs first. Additionally, the property
owner /developer shall participate in the Infrastructure Improvement (Fee)
Program, if adopted for the project area, as determined by the City Engineer,
which could include fees, credits, reimbursements, or a combination thereof.
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Responsible for
Timing Mitigation Measure Monitoring Completion
TRAFFIC AND CIRCULATION
-13- PC2013 -064
Applicable Mitigation Measures from the 2004 Certified EIR
The following mitigation measures were included in the 2004 Certified EIR.
Depar+.,,eRVE.,giReering
These mitigation measures are proposed for inclusion in the Proposed
Division, Traff and
Project, and additional mitigation measures have been added for the
purposes of this DSEIR. This DSEIR proposes to make certain
modifications to the mitigation measures adopted by the City for the 2004
Approved Project. Modifications to the original mitigation measure are
identified in stF at text to indicate deletions and underlined to signify
additions.
Ongoing.
5.15 -2 The General Plan Circulation Element and associated Planned Roadway
Public Works
Network Map (Figure C -1 of the General Plan), identifies those roadways
that are planned to accommodate current development and future growth
established by the Land Use Element. Roadways will be constructed as
Department/Traffic and
Transportation Division
development occurs and as funding becomes available. In addition to the
roadways identified on the Planned Roadway Network Map, the following
improvements will be necessary to maintain acceptable levels of service
within the anticipated theoretical buildout identified in the General Plan:
• Intersection of Dale Ave /Lincoln Ave; add an additional EB right turn
lane
4 th W R threegh IaRG
• Intersection of Sportstown Way /Katella Ave; change NB lane
configuration from 1/1/2 to 1.5/.5/2
• Intersection of Tustin Avenue /La Palma Avenue; change south bound
lane configuration from 2/3/1 to 2/4/0
lamAs and add a third left turn lane on the north bound of west beard
approach to mitigate to LOS D
• Intersection of Tustin Ave /SR -91 WB ramps; add a second NB left
turn lane
• Intersection of Imperial Hwy /Santa Ana Canyon Road; add a NB right
turn lane (would require triple lefts SB or EB or a 4th through lane NB
to mitigate PM peak hour to LOS D)
• Intersection of Weir Canyon Road /SR -91 EB ramps; add a 4th SIB
through lane
-13- PC2013 -064
-14- PC2013 -064
Responsible for
Timing
Mitigation Measure
Monitoring
Completion
Ongoing.
5.15 -3 The City shall pursue all available funding, including Measure M funding,
Public Works
necessary to implement the circulation improvements identified in the City's
Department/Traffic and
Circulation Element and Mitigation Measure 5.15 -2. Implementation of
Transportation Division;
transportation improvements identified in the City's Circulation Element and
Planning
Mitigation Measure 5.15 -2 shall be conducted in coordination with Caltrans,
Department/Advanced
the County of Orange, the Orange County Transportation Authority (OCTA),
Planning Division
and surrounding jurisdictions. To qualify for Measure M funds, the City of
Anaheim must comply with the Countywide Growth Management Program
component requirements and have an established policy framework for the
required Growth Management Program through the adoption of a Growth
Management Element. The updated Growth Management Element will
maintain provisions of the existing Growth Management element which: 1)
establishes policy statements that identify acceptable traffic levels of service
(LOS); 2) commits the City to implement a development mitigation program;
and 3) commits the City to implement a development phasing and
monitoring program.
Prior to issuance of
5.15 -4 Prior to issuance of building permits for new development forecast to
Public Works
building permit.
generate 100 or more peak hour trips, as determined by the City Traffic and
Department/Traffic and
Transportation Manager utilizing Anaheim Traffic Analysis Model Trip
Transportation Division;
Generation Rates, the property owner /developer shall be required to pay the
planning
City of Anaheim for all costs associated with updating the applicable
Department/Building
Transportation Model to include the trips associated with their proposed
Division
development. This model update will be used to determine and program the
extent and phasing of improvements necessary to accommodate the
proposed development.
If the model demonstrates that the proposed development will cause an
intersection to operate at an unacceptable level of service (LOS "E" or "F"
depending on the location), the property owner /developer shall be
responsible for constructing its fair share of necessary improvements to
maintain acceptable levels of service for the anticipated theoretical buildout
of the General Plan as identified in the City's Circulation Element and
Mitigation Measure 5.15 -2.
Prior to issuance of
5.15 -5 Prior to issuance of each building permit, appropriate Traffsal
Public Works
building permit.
Transportation Impact and Improvement Fees
Department/Traffic and
shall be paid by the property owner /developer to the City of Anaheim in
Transportation Division;
amounts determined by the City Council Resolution in effect at the time of
Planning
issuance of the building permit with credit given for City- authorized
Department/Building
improvements provided by the property owner /developer; and participate in
Division
all applicable reimbursement or benefit districts which have been
established.
-14- PC2013 -064
-15- PC2013 -064
Responsible for
Timing
Mitigation Measure
Monitoring
Completion
Prior to approval of
5.15 -6 Prior to approval of the first final subdivision map or issuance of the first
Public Works
the first final
building permit, whichever occurs first, and subject to nexus requirements,
Department/Engineering
subdivision map or
the property owner /developer shall irrevocably offer for dedication (with
Division; Planning
issuance of the
subordination of easements), including necessary construction easements,
Department/Building
first building
the ultimate right(s) -of -way as shown in the Circulation Element of the
Division
permit, whichever
Anaheim General Plan adjacent to their property.
occurs first.
Prior to final
5.15 -7 Prior to final building and zoning inspection; and, ongoing during project
Public Works
building and
operation, the property owner /developer of projects anticipated to employ
Department/Traffic and
zoning inspection;
250 or more employees shall join and participate in the Anaheim
Transportation Division;
and, ongoing
Transportation Network/Transportation Management Association.
Planning
during project
Department/Building
operation.
Division, Zoning Division,
Advanced Planning
Division
Ongoing.
Additional Mitigation Measures for the Proposed Project
Public Works
5.15 -8 The General Plan Circulation Element and associated Planned Roadway
Department/Traffic and
Network Map (Figure C -1 of the General Plan), identifies those roadways
Transportation Division;
that are planned to accommodate current development and future growth
Planning
established by the Land Use Element. Roadways will be constructed as
Department/Zoning
development occurs and as funding becomes available. In addition to the
Division, Advanced
roadways identified on the Planned Roadway Network Map, the
Planning Division
improvements identified in Table 5.4 -7 will be necessary to maintain
acceptable levels of service within the anticipated theoretical buildout
identified in the General Plan.
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