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PC 2014/04/21 City of Anaheim Planning Commission Agenda Monday, April 21 , 2014 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chair: Victoria Ramirez • Chair Pro-Tempore: Harry Persaud • Commissioners: Peter Agarwal, Paul Bostwick, Mitchell Caldwell Michelle Lieberman, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, April 17, 2014, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 04/21/14 Page 2 of 5 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 04/21/14 Page 3 of 5 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 4126A (DEV2014-00013) Location: 1550-1600 South Lewis Street Request: To amend a conditional use permit in order to delete a condition of approval pertaining to a time limitation and to amend a condition of approval to allow the storage and distribution of construction materials and related items at an existing tile and storage facility within a Southern California Edison easement area. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Staff Report New Correspondence Request to Withdraw Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 3 TENTATIVE PARCEL MAP NO. 2013-123 (DEV2013-00098) Location: 1204-1206 North Miller Street Request: To establish a 2-lot industrial subdivision. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 15 (Minor Land Divisions) Categorical Exemption. Staff Report New Correspondence Project Planner: David See dsee@anaheim.net 04/21/14 Page 4 of 5 ITEM NO. 4 RECLASSIFICATION NO. 2012-00248 CONDITIONAL USE PERMIT NO. 2012-05597 (DEV2011-00110) Location: 200-282 North Lemon Street, 107-127 West Lincoln Avenue and 120 West Cypress Street Request: To request a zone change to the General Commercial and Mixed-Use Overlay Zones to construct a mixed-use project with 220 apartments and 18,000 square feet of retail uses. Environmental Determination: The Planning Commission will consider whether a Mitigated Negative Declaration is appropriate to serve as the environmental impact determination for this request per the California Environmental Quality Act (CEQA) guidelines. This request was continued from the Planning Commission meeting of October 21, 2013. Staff Report New Correspondence Project Planner: Scott Koehm skoehm@anaheim.net Adjourn to Monday, May 5 , 2014 at 5:00 p.m. 04/21/14 Page 5 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 5:30 p.m. April 16, 2014 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: APRIL 21, 2014 SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT NO. 4126 (DEV2014-00013) LOCATION: 1550 – 1660 South Lewis Street (Arizona Tile) APPLICANT/PROPERTY OWNER: The applicant is Phillip Schwartze of PRS Group representing Katella Operating Properties, LLC and the property owner is Southern California Edison. REQUEST: The applicant requested approval of an amendment to an existing conditional use permit to delete a condition of approval pertaining to a time limitation and amend a condition of approval to permit the storage and distribution of construction materials and related items at an existing tile storage facility within a Southern California Edison easement. DISCUSSION: The applicant has submitted a request to withdraw this item because outdoor storage facilities are now permitted by right in the Industrial (I) zone, when developed and operated in accordance with Chapter 18.38.200 (Outdoor Storage). Staff has reviewed the site improvements and operation of this business and determined that the use is in compliance with the code requirements for an outdoor storage facility. Although no Planning Commission action is required for withdrawn applications, public hearing notices for this project were mailed to property owners within 300 feet of the project. Therefore, this report was included on the Commission agenda for public information purposes. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Request to Withdraw ATTACHMENT NO. 1 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: APRIL 21, 2014 SUBJECT: TENTATIVE PARCEL MAP NO. 2013-123 LOCATION: 1202 – 1204 North Miller Street APPLICANT/PROPERTY OWNER: The applicant and property owner is Mark Lewis with Panattoni Development Company, Inc. REQUEST: The applicant requests approval of a tentative parcel map to establish a two lot industrial subdivision. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that this request is categorically exempt (Class 15, Minor Land Divisions) from further environmental review under the California Environmental Quality Act and approving Tentative Parcel Map No. 2013-123. BACKGROUND: The 13.42-acre property is located in the Northeast Area Specific Plan, Development Area 3 - La Palma Core Area (SP94-1, DA 3) zone. The site is designated for Industrial land uses by the General Plan. Two industrial buildings are currently under construction on the subject property. The property is surrounded by industrial land uses. PROPOSAL: The applicant proposes to subdivide the property to create a two lot industrial subdivision to allow the future independent sale of the two existing industrial buildings being constructed on the property. No new development is proposed at this time. The sizes of the proposed parcels are as follows: Parcel No. Area (net acres) 1 6.56 2 6.86 TENTATIVE PARCEL MAP NO. 2013-123 April 21, 2014 Page 2 of 2 ANALYSIS: The purpose of Commission’s consideration of a tentative parcel map is to review the proposed subdivision of land for consistency with the General Plan and compliance with the zoning code. The proposed subdivision complies with all of the development standards of the SP94-1, DA 3 zone, including the maximum floor area ratio, minimum number of parking spaces, and required access. A recommended condition of approval requires the recordation of a reciprocal easement agreement for ingress/egress, parking, maintenance and trash pick-up for the entire property. CONCLUSION: Staff recommends approval of the requested industrial subdivision because the request complies with the goals of the General Plan and the property’s zoning. Prepared by, Submitted by, David See Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Tentative Parcel Map Resolution 3. Applicant’s Request Letter The following attachments were provided to the Planning Commission and are available for public review at the Planning Department at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Site Photographs 5. Tentative Parcel Map SP 94 -1DA2BOEING SP 94 -1DA2BOEING SP 94 -1DA3BOEING SP 94 -1DA2INDUSTRIAL SP 94 -1DA2BOEING SP 94 -1DA2INDUSTRIAL SP 94 -1DA3PANATTONIANAHEIMCONCOURSE SP 94 -1DA3RETAIL SP 94 -1DA3RETAIL SP 94-1DA3BUSI NESS PARKN MI L L ER STN O C E A N C IR E . M IR A L O M A A V E N.TUS TIN AV EN.KRAEMERBLVDN. MI LLER STE. ORANGET HORPE AVE E . R IV E R D A L E A V E E .LAPALMAAV E S.RICHFIELDRDE . L A P A L M A A V E 12 04 -12 06 No rth Mil ler St ree t DE V No. 2013-00098 Su bje ct Property APN : 3 45 -20 1 -27 AT TACHME NT NO. 1 °0 50 10 0 Feet Ae r ia l Ph o t o :M a y 2 0 1 2 N MI L L ER STN O C E A N C IR E . M IR A L O M A A V E N.TUS TIN AV EN.KRAEMERBLVDN. MI LLER STE. ORANGET HORPE AVE E . R IV E R D A L E A V E E .LAPALMAAV E S.RICHFIELDRDE . L A P A L M A A V E 12 04 -12 06 No rth Mil ler St ree t DE V No. 2013-00098 Su bje ct Property APN : 3 45 -20 1 -27 AT TACHME NT NO. 1 °0 50 10 0 Feet Ae r ia l Ph o t o :M a y 2 0 1 3 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE PARCEL MAP NO. 2013-123 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00098) (1202 – 1204 NORTH MILLER STREET) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”) did receive a verified petition for Tentative Parcel Map No. 2013- 123 to establish a two lot industrial subdivision (herein referred to as the "Proposed Project") for that certain real property located at 1202 – 1204 North Miller Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 13.42 acres, is developed with two industrial buildings which are currently under construction. The Property is located in and subject to the regulations and development standards of the Northeast Area Specific Plan, Development Area 3 - La Palma Core Area (SP94-1, DA 3) Zone. The Anaheim General Plan designates the Property for Industrial land uses; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 21, 2014 at 5:00 p.m., 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 (herein referred to as the “Code”), to hear and consider evidence for and against proposed Tentative Parcel Map No. 2013-123 to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the proposed project is within that class of projects which consists of a division of property in an urban area zoned for industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances are required, all services and access to the project site are available, the parcel was not involved in the division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent at the time of this determination, and that, therefore, pursuant to Section 15315 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to establish a two lot industrial subdivision, has determined that Tentative Parcel Map No. 2013-123 should be approved for the following reasons, does find and determine the following facts: - 2 - PC2014-*** 1. The proposed request to permit the Proposed Project, including its design and improvements, is consistent with the Industrial land use designation in the Anaheim General Plan and, more specifically, the Northeast Area Specific Plan No. 94-1 (SP94-1) and with the zoning and development standards contained in Chapter 18.120 of the Code for the La Palma Core Area (Development Area 3) of the Northeast Area Specific Plan No. 94-1 (SP94-1); and 2. The site is physically suitable for the type and density of the proposed Project; and 3. The the design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified in the vicinity; and 4. The the design of the subdivision or the type of improvements is not likely to cause serious public health problems, as no changes are proposed to the existing industrial buildings which are under construction; and 5. The the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Parcel Map No. 2013-123, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 3 - PC2014-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 21, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (“Zoning Provisions - General”) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 21, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of April, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” TENTATIVE PARCEL MAP NO. 2013-123 (DEV2013-00098) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO RECORDATION OF PARCEL MAP 1 A Reciprocal Easement Agreement (REA) for ingress/egress, parking, maintenance and trash pick-up will be required as a condition of approval of the Subdivision application. The REA (i) must run with the land in perpetuity, (ii) shall inure to the benefit of, and be enforceable by, the City by any legal or equitable means against any person or persons in actual possession of the properties who directly or through any agent violate the terms hereof; and (iii) shall not be modified, supplemented or amended without the City's prior written consent. The REA shall be reviewed and approved by the City Attorney prior to its execution and recordation in the Official Records of the County of Orange. A copy of the recorded covenant shall then be submitted to the Planning Department. The covenant shall be referenced in all deeds transferring all or any part of the interest in the property. Planning Department 2 A maintenance covenant shall be submitted to the Subdivision Section of the Public Works Department for review and approval by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with an approved Water Quality Management Plan, and a maintenance exhibit. Maintenance responsibilities shall include parkway landscaping and irrigation on Miller Street. The covenant shall be recorded in the Official Records of the County of Orange concurrently with the final parcel map. Public Works- Development Services 3 The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner’s expense. Said agreement shall be submitted in a form satisfactory to the Public Works Department (Subdivision Section) and approved by the City Attorney and City Engineer. Public Works- Development Services 4 An irrevocable offer of dedication along portions of Miller Street for future traffic signals is required and needs to be submitted to the Public Works Department prior to approval of the Final Parcel Map 2013-123. Public Works- Development Services - 6 - PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 5 The developer shall complete the requirements of the street improvements including landscaping and irrigation along the frontage of Miller Street as submitted per RCP2013-09771.The improvements shall be constructed prior to final building and zoning inspections. Public Works- Development Services GENERAL CONDITIONS 6 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department 7 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department 8 The premises shall be developed substantially in accordance with the plans and specifications submitted to and reviewed and approved by the City of Anaheim, which plan is on file with the Planning Department. Planning Department ATTACHMENT NO. 3 TENTATIVE PARCEL MAP NO. 2013-123 PANATTONI PROJECT – PHASE 1 ATTACHMENT NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: APRIL 21, 2014 SUBJECT: RECLASSIFICATION NO. 2012-00248 AND CONDITIONAL USE PERMIT NO. 2012-05597 LOCATION: 200-282 North Lemon Street, 107-127 West Lincoln Avenue and 120 West Cypress Street (AT&T Property) APPLICANT/PROPERTY OWNER: The applicant and owner is Dustin Smith representing Equity Residential and the agent is Phillip Schwartze. REQUEST: The applicant proposes a zone change and conditional use permit to construct a mixed-use project with 220 apartment units and 18,000 square feet of retail use. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that a Mitigated Negative Declaration is the appropriate environmental documentation for this request, and approving Reclassification No. 2012- 00248 and Conditional Use Permit No. 2012-05597. BACKGROUND: This 4.29 acre site is bounded by Anaheim Boulevard to the east, Lincoln Avenue to the south, Lemon Street to the west and Cypress Street to the north and is developed with a vacant AT&T office building and a parking lot. A portion of the site is zoned General Commercial (C-G) and a portion of the site is zoned Transition (T). The site is designated for Mixed Use land uses by the General Plan. The surrounding land uses include single and multiple-family residences, a church and commercial uses to the north, a retail center to the south, and office buildings to the east and west. This item was presented to the Planning Commission on October 21, 2013. The hearing was subsequently continued to provide staff and the applicant with an opportunity to address concerns raised at this meeting by the public and the Planning Commission. These concerns included the adequacy of the sound proofing of the project windows facing Anaheim Boulevard and Lemon Street, the architectural design of the building, traffic impacts to Lemon Street, and the potential for discovery of cultural resources on the site relating to a previous Chinese settlement in the area. A detailed discussion of these concerns is included in the Analysis section of this staff report. RECLASSIFICATION NO. 2012-00248 AND CONDITIONAL USE PERMIT NO. 2012-05597 April 21, 2014 Page 2 of 7 PROPOSAL: The applicant proposes to construct a 4-story, 220 unit apartment building with 18,000 square feet of retail space. The project will include 34 studio units, 102 one-bedroom units and 84 two-bedroom units. Accessory residential uses include a leasing office, fitness center and clubhouse. The proposed retail area includes a 9,400 square foot space and 8,600 square feet space. The retail spaces are located on the ground floor and oriented to Anaheim Boulevard. The applicant has indicated that restaurants, small markets and retailers are the desired tenants. Parking will be provided in a 4-story garage that would be “wrapped” by the apartment building on three sides. As a result, the structure would not be readily visible from Lincoln Avenue, Lemon Street or Anaheim Boulevard. The parking structure would be open on the north side, facing Cypress Street. The project includes 577 parking spaces. The parking structure will have 488 spaces and there will be 89 surface parking spaces. The surface parking is located on the north part of the property adjacent to Cypress Street. Two of the five parcels which comprise the project site are in the Transition (T) Zone, and are proposed to be rezoned to General Commercial (C-G). The applicant is also requesting a rezone of all five properties to the Mixed Use (MU) Overlay Zone as a part of the development request. The project also requires a parcel map to consolidate the five parcels and straighten out the “scalloped” property lines created by the meandering sidewalks and parkway planters current in the right-of-way along Lincoln Avenue and Anaheim Boulevard. The parkways would be updated to current standards. Because this sidewalk/parkway area is owned by the City’s Redevelopment Successor Agency, the final disposition of these areas must be approved by the State, at which time the final parcel map may be approved. ANALYSIS: Staff has reviewed the development proposal and offers the following analysis of the required actions relating to this request: Reclassification: This request would rezone the parcels presently zoned Transition into the General Commercial Zone. In addition, the Mixed Use Overlay Zone would be applied to the entire site. The Mixed Use Overlay zone is a typical implementation zone for properties designated for Mixed Use land uses in the General Plan. The General Plan encourages the development of a blend of residential, commercial and office uses in the Downtown Core. The proposed zoning designations are consistent with the goals of the General Plan; therefore, staff recommends approval of the zone change request. Conditional Use Permit: The Zoning Code requires a conditional use permit for mixed use projects proposed in the Mixed Use Overlay Zone. The purpose for the conditional use permit is to ensure on-site compatibility of residential and non-residential uses, and compatibility of mixed-use projects with surrounding uses. The proposed development would be located on a site that is on the edge of two very different types of neighborhoods. To the south, existing mid-rise RECLASSIFICATION NO. 2012-00248 AND CONDITIONAL USE PERMIT NO. 2012-05597 April 21, 2014 Page 3 of 7 office buildings and mixed use development create a dense and urban environment. However, areas north, east and west of the site are characterized by historic single family homes, apartment buildings and Pearson Park. These uses create a distinct suburban environment. The proposed project blends the scale of the existing development to the south with residential uses compatible to those existing north, east and west of the site. The City has adopted Design Guidelines for the Colony area, which are intended to provide direction for public projects in the Downtown area. The Code does not include provisions for design review, nor does it require consistency with these Guidelines, so private development projects are not required to comply with these Guidelines. Nevertheless, the proposed architecture does comply with the Guidelines by creating a contemporary adaptation of historic architecture. The building is of neutral earth tones with a plaster finish, pre-cast concrete store fronts and brick cladding accents. The massing of the building walls is on separate planes and includes a varied roofline. The roofline includes a cornice with detailed molding and the windows are framed with wide white trim. A roof-mounted sign with clock is proposed and is designed similarly to that which exists on the Broadway Arms apartment complex on Broadway. The exposed, north-facing parking structure elevation will be designed with metal screens which will be planted with landscaping. The apartment building is designed to wrap around the parking structure with the apartments facing Anaheim Boulevard, Lincoln Avenue and Lemon Street. The retail uses would be located on the ground floor along Anaheim Boulevard. In order to encourage an active street life, the Zoning Code requires that ground floor space facing the street be used for commercial purposes. These requirements may be modified by a conditional use permit. Anaheim Boulevard contains pedestrian-oriented commercial uses from the Packing District at Santa Ana Street to La Palma Avenue. This corridor includes many new restaurants, shops and a park designed to be accessed easily from Anaheim Boulevard by car and on foot. Staff believes that it is appropriate for the retail spaces in this project to be oriented toward Anaheim Boulevard as this street provides a link between the new dining and retail businesses in the Packing District and Center Street and the existing commercial uses on North Anaheim Boulevard. Staff considered the benefits of orienting the retail space to Lincoln Avenue. Lincoln Avenue is a six-lane primary arterial highway connecting the 57 and 5 Freeways and is designed to carry traffic through the city. Typical uses along this portion of Lincoln Avenue from East Street to Harbor Boulevard include both single and multi-family residential uses, a majority of which do not have direct access to Lincoln Avenue, commercial development with street-oriented parking lots, and several small office buildings. The volume of vehicle traffic and noise along Lincoln Avenue, and the absence of existing pedestrian-oriented development, make Lincoln Avenue less suitable than Anaheim Boulevard as a setting for retail uses. For these reasons, it is appropriate that the pedestrian-oriented retail component of this project is located on Anaheim Boulevard and not on Lincoln Avenue. This orientation is consistent with the intent of the Mixed Use Overlay Zone as it encourages an active street life while maintaining safe streets. Staff believes that the project has been designed to provide compatibility between the on-site residential and RECLASSIFICATION NO. 2012-00248 AND CONDITIONAL USE PERMIT NO. 2012-05597 April 21, 2014 Page 4 of 7 non-residential uses, as well as compatibility with surrounding land uses. Therefore, staff recommends approval of the conditional use permit. Parking: The project includes 577 parking spaces with 488 spaces in the parking structure and 89 surface spaces. A parking study prepared by a licensed traffic engineer and reviewed by City staff identifies a parking demand of 518 parking spaces. Parking requirements in the Mixed Use Overlay Zone are determined by a Parking Study, rather than by pre-determined Code requirements. The study prepared for this project is included as Attachment No. 7 to this report. Developments in mixed use areas typically have a lower parking demand because customers of the businesses may also live in the project; the project may be located close to transit; or the mix of uses may have different peak hours of parking demand. In order to substantiate the number of parking spaces required for the proposed project, the parking study analyzes the observed parking demand of mixed use projects in Fullerton and Santa Ana, as well as residential only projects in Irvine, Orange and Anaheim. The applicant purchased this property from the adjacent property owner, AT&T. Included in the purchase was an agreement that 67 parking spaces on this property will be shared with AT&T for employee parking. There are no time or use restrictions on these spaces. In the event that all 67 parking spaces were used by AT&T employees, the parking provided on site would be eight spaces short of the parking demand identified in the parking study. However, over the past two years, staff has observed that these spaces are generally not used by AT&T employees and that, if AT&T employees were to increase their use of these parking spaces, the demand would typically be during daytime business hours when residential parking demand is low. Based on the findings of the submitted parking study and field observations, staff believes that the number of parking spaces proposed is adequate to support the project. Environmental: A Mitigated Negative Declaration (MND) has been prepared to evaluate the environmental impacts of the project and to identify any necessary mitigation measures. The MND was circulated for a 20-day public review period between January 28, 2013 and February 26, 2013. Mitigation measures have been identified in the MND and included in the draft resolution attached to this report. With implementation of these measures, project impacts will be reduced to a level considered less than significant and the MND concluded that there are no remaining potentially significant adverse impacts related to the project. Traffic: As part of the project’s environmental review, a traffic study was prepared by IBI Group. This study analyzed the existing traffic conditions and projected 2015 traffic conditions, which is the project’s anticipated opening year. Traffic conditions with and without this project were analyzed. Vehicle trips were assigned based on the Anaheim Traffic Analysis Model. This model provides a high level of detail within the City of Anaheim, and includes all arterial streets and many local streets, such as Lemon Street and Sycamore Street. The Anaheim Traffic Analysis Model does assign some project traffic onto local streets, but not enough to meet any recognized or established significant impact criteria. RECLASSIFICATION NO. 2012-00248 AND CONDITIONAL USE PERMIT NO. 2012-05597 April 21, 2014 Page 5 of 7 The project does have the potential to create an impact at the intersection of Anaheim Boulevard and Cypress Street; however, a mitigation measure was developed to reduce this impact to less than significant levels through installation of a raised median through the intersection prohibiting left turn and through movements on Cypress Street, while allowing left turns from Anaheim Boulevard. This measure was subsequently revised to require a “pork chop”-type diverter to prevent left turns from eastbound Cypress Street to North Anaheim Boulevard, rather than a raised median. This modification was made in response to community input received following the October 21, 2013 Planning Commission meeting. This input is further described below. No other traffic impacts were identified in the traffic study. Neighborhood Outreach: Prior to the October 2013 Planning Commission meeting, staff met with the Central District Neighborhood Council on four occasions and discussed the project. Additionally, staff coordinated three meetings with the applicant and Colony residents to review and provide comments on the project’s architecture. The applicant made several revisions to the architecture in response to the input received at these meetings. Responses to Concerns from October 21, 2013 Planning Commission Meeting: As further described below, the applicant has addressed the concerns raised by the community and Commission during the initial public hearing. Community meetings were held on April 8 and April 15, 2014 to share the applicant’s responses to the issues raised. Following is an overview of these items: 1. Architecture. The Planning Commission directed the applicant to consider enhancements to the architecture of the building. In response, the applicant has revised the first floor of the building by replacing the brick veneer on the storefronts along Anaheim Boulevard with precast concrete. The first floor building elevation along Lincoln Avenue was also modified by adding a brick veneer in place of a previous plaster finish. These changes help differentiate the first floor from the remainder of the building and create a greater identity for the storefronts. 2. Window Sound Proofing. The project includes a mitigation measure requiring additional glazing on the windows facing Lincoln Avenue because of the noise associated with the traffic on this street. The Planning Commission asked the applicant to consider including windows with similar glazing treatments on Anaheim Boulevard and Lemon Street. The applicant submitted a noise analysis prepared by an acoustical engineer, which is provided in Attachment No. 5 to this report. The analysis concluded that windows with greater soundproofing should be installed on Lincoln Avenue, Anaheim Boulevard and portions of Lemon Street and Cypress Street. The applicant has agreed to a condition of approval requiring the installation of the recommended windows in the noise analysis. Staff believes that the improved soundproofing required by the mitigation measure and condition of approval will provide the necessary noise attenuation for the project. RECLASSIFICATION NO. 2012-00248 AND CONDITIONAL USE PERMIT NO. 2012-05597 April 21, 2014 Page 6 of 7 3. Archeological/Paleontological Concerns. At the previous hearing, testimony was provided by the public regarding the possibility of an early Chinese settlement in Anaheim once located on the project site. Based on a review of the historical records including inventories of the National Register of Historic Places, the California Register of Historical Resources, the California Historical Landmarks list, the California Points of Historical Interest list, the California State Historic Resources Inventory and archival maps for the County and the City, there was no evidence of previously documented local historical resources on this site. Nevertheless, in response to the testimony provided at the Planning Commission meeting, an architectural historian working for the City’s environmental consultant visited the Anaheim Heritage Center at the Muzeo and researched historical documents regarding this site. These documents included Sanborn Fire Insurance Company maps, historical aerial photographs and maps, information regarding the Chinese settlement provided by the Heritage Center manager, and a Master’s Thesis prepared in 1993 about the Chinese settlements in Anaheim. The consultant noted that there is evidence that past Chinese settlements occurred in the area of the project, but there is no evidence that there are archeological resources on the project site. The consultant concluded that the proposed environmental mitigation measures are appropriate and adequate to ensure the protection and preservation of any artifacts encountered during project construction. The proposed mitigation measure requires that, if archeological resources are discovered during construction, an archeological monitor will be provided on the project site. However, in response to the testimony at the Commission hearing, the applicant has agreed to provide a monitor to be present during all grading activities regardless of whether archeological resources are discovered. This additional provision has been included as a condition of approval in the draft resolution. 4. Traffic. The Planning Commission directed the applicant and staff to look at ways to eliminate or reduce traffic northbound on Lemon Avenue from the project. The applicant’s traffic consultant provided three proposals that could achieve this desired outcome. Concurrently, staff from the Public Works Department was working with residents from the neighborhood surrounding Pearson Park on traffic calming measures intended to decrease the “cut-through” traffic in this area from Harbor Boulevard to Anaheim Boulevard. After holding meetings with area residents, the Public Works Department decided on a traffic calming plan that includes a diagonal diverter at Lemon Street and Cypress Street. This improvement would be installed with or without the proposed project. The diverter will span this intersection from the southwest corner to the northeast corner which will not allow traffic from the project northbound on Lemon Street. A temporary diverter will be put in place by the Public Works Department this summer for a trial period of six months. At the conclusion of the trial period, the developer will be responsible for the construction of a permanent, decorative diverter at this location. Final design of the diverter shall be subject to the review and approval of the City Engineer. Should the design of the diverter not serve its intended purpose following installation, equivalent traffic calming measures, preventing northbound RECLASSIFICATION NO. 2012-00248 AND CONDITIONAL USE PERMIT NO. 2012-05597 April 21, 2014 Page 7 of 7 5. vehicular traffic on Lemon Street, may be substituted for the diverter, subject to the review and approval of the City Engineer. As described above, a “pork chop”-type diverter is proposed at the intersection of Cypress Street and Anaheim Boulevard to prevent left turns from eastbound Cypress Street to North Anaheim Boulevard. This modified mitigation measure has been included in the conditions of approval. Community Input: Staff received a comment letter and petitions from residents in opposition to this project. The letter was prepared by five residents who are active in the historical preservation efforts of The Anaheim Colony, and the accompanying petition was signed by 178 residents. This letter has been included as Attachment No. 8 to this report. The letter states that the streets surrounding this property were not designed to accommodate the traffic that will be generated by the project, that the building is inconsistent with the historical nature of the homes in the area, and that this location is not suited for residential development and should be developed with something that is of significant benefit to the community. CONCLUSION: Staff recommends approval of the requested actions as the proposed development is consistent with the goals and policies of the Anaheim General Plan and the development standards of the Mixed Use Overlay Zone. The project is compatible with the surrounding community and would provide quality housing and retail businesses in the downtown area. In addition, staff believes that the applicant has effectively addressed the concerns raised at the initial public hearing. Staff recommends approval of the reclassification and conditional use permit. Prepared by, Submitted by, Scott Koehm Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Development Summary 3. Reclassification Draft Resolution 4. Conditional Use Permit Draft Resolution The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 5. Responses to Issues Raised at October 21, 2013 Planning Commission Hearing 6. Initial Study/Mitigated Negative Declaration 7. Parking Study 8. Public Comments Received 9. Development Plans 10. Site Photos TVACANT C-GRELIGIOU SUSE RS-3TRIPLE X C-GPARKING L OT C-GAUTOREPAIR/SE RVIC E RS-3SINGLE FAM ILY RE SIDE NCE RS-3TRIPLE X RS-3SFR RS-3SINGLE FAMILY RESIDENCE RS-2SFR RS-2TRIPLE X C-GAUTOSALES C-GRETAIL C-GKRAEM ERBUILDINGOFFICES C-GAUTO BO DY SH OP C-GOFFICE S RM-4PARKPROMENAD EAPTS24 D U TRELIGIOU SUSE C-GNIGHT C LU B C-GPARKING L OT RM-4VILLAGE CE NT ERAPTS100 DU C-GOFFICE S C-GMEDICAL OFFICE RS-2SINGLEFAMILYRESIDENCE O-LOFFICE S RS-3VACANT RS-3SINGLE FAM ILY RE SIDE NCERS-2SINGLE FAM ILY RE SIDENCE T A PT S20 D U TPARKING L OT C-GRETAIL C-G (DMU )RETAIL RM-4 A PT S10 D U C-GAPTS5 DU C-GRETAIL C-G (DMU )CITY H AL L RS-3SFR RM-3RETAILRM-4SFR C-GKRAEM ERBUILDINGAPTS RS-3DUPLE X RS-3DUPLE X RM-4OFFICE S C-G (DMU )RETAIL C-G (DMU )RETAIL W LINCOLN AVES ANAHEI M BL VDN ANAHEI M BLVDE L IN C O L N A V E S ANAHEI M BLVDN LEMON STN CLAUDI NA STW C Y P R E S S S T W A D E L E S T E C Y P R E S S S T E A D E L E S T E C E N T E R S TN CL EMENTI NE STS. EAST STW .LIN C O L N A V E E. LA PALMA AVE E . L IN C O L N A V EN. EAST STW. LA PALMA AVE N. HARBOR BLVDW . B R O A D W A YN.ANAHEI MBLVDE .B R O A D W A Y S.MANCHEST E R A V E S. ANAHEI M BLVDE . B R O A D W A Y 20 0-2 82 No rth Le mo n St ree t107-1 27 W est Lin co ln Av en ueand 12 0 We st Cyp ress S tre et DE V No. 2011-00110 Su bje ct Property APN : 2 55 -08 1 -04255-0 8 1 -0 6255-0 8 1 -0 5255-0 8 1 -0 3255-0 8 1 -0 2255-0 8 1 -0 1 AT TACHME NT NO. 1 °0 50 10 0 Feet Ae r ia l Ph o t o :M a y 2 0 1 2 W LINCOLN AVES ANAHEI M BL VDN ANAHEI M BLVDE L IN C O L N A V E S ANAHEI M BLVDN LEMON STN CLAUDI NA STW C Y P R E S S S T W A D E L E S T E C Y P R E S S S T E A D E L E S T E C E N T E R S TN CL EMENTI NE STS. EAST STW .LIN C O L N A V E E. LA PALMA AVE E . L IN C O L N A V EN. EAST STW. LA PALMA AVE N. HARBOR BLVDW . B R O A D W A YN.ANAHEI MBLVDE .B R O A D W A Y S.MANCHEST E R A V E S. ANAHEI M BLVDE . B R O A D W A Y 20 0-2 82 No rth Le mo n St ree t107-1 27 W est Lin co ln Av en ueand 12 0 We st Cyp ress S tre et DE V No. 2011-00110 Su bje ct Property APN : 2 55 -08 1 -04255-0 8 1 -0 6255-0 8 1 -0 5255-0 8 1 -0 3255-0 8 1 -0 2255-0 8 1 -0 1 AT TACHME NT NO. 1 °0 50 10 0 Feet Ae r ia l Ph o t o :M a y 2 0 1 2 ATTACHMENT NO. 2 PROJECT SUMMARY RECLASSIFICATION NO. 2012-00248 AND CONDITIONAL USE PERMIT NO. 2012-05597 Development Standard Mixed Use Overlay Zone Standards Proposed Project Site Area 3 acres 4.29 acres Maximum Density 60 dwelling units/acre 51 dwelling units/acre Parking Parking requirement determined by parking study 577 spaces proposed (67 spaces shared with adjacent AT&T property) Setbacks Anaheim Boulevard 0 feet Lincoln Avenue 0 feet Lemon Street 10 feet Cypress Street 10 feet Anaheim Boulevard 8 feet to 11 feet Lincoln Avenue 1 foot to 21 feet Lemon Street 10 feet Cypress Street 10 feet Height 63 feet 59 feet Recreational-Leisure Area 42,300 square feet Courtyards 28,650 Fitness Room and Clubhouse 2,600 Balconies and Patios 6,800 Pedestrian Walkways 5,580 Total Square Feet 43,630 [DRAFT] ATTACHMENT NO. 3 - 1 - PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2012-00248 AND RECOMMENDING THAT THE CITY COUNCIL AMEND THE ZONING MAP OF THE ANAHEIM MUNICIPAL CODE TO REFLECT SAID RECLASSIFICATION, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. (DEV2011-00110) (200-282 NORTH LEMON STREET, 107-127 WEST LINCOLN AVENUE AND 120 WEST CYPRESS STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for reclassification, designated as Reclassification No. 2012-00248, for that certain real property located at 200-282 North Lemon Street, 107-127 West Lincoln Avenue and 120 West Cypress Street, in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"). Reclassification No. 2012-00248 is proposed in conjunction with Conditional Use Permit No. 2012-05597 to construct a mixed-use project with 220 apartments and 18,000 square feet of commercial retail uses (the “Project”); and WHEREAS, the Property is currently developed with a vacant two-story building and a parking lot. Most of the Property is located in the C-G (General Commercial) Zone. A portion of the Property is located in the T (Transition) Zone. The Anaheim General Plan designates this Property for Mixed Use land uses; and WHEREAS, the applicant requests to rezone that portion of the Property currently located in the T (Transition) Zone to the C-G (General Commercial) Zone and to add the Mixed Use (MU) Overlay Zone for the entire Property, which will apply in addition to and, where inconsistent with, shall supersede the corresponding regulations of the underlying CG (General Commercial) Zone; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as 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 proposed Project, including Reclassification No. 2012-00248; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to evaluate the physical environmental impacts of the proposed Project, including Reclassification No. 2012-00248. The MND was circulated for a 30-day public review period from January 28, 2013 through February 26, 2013. A complete copy of the MND is on file and can be viewed in the City's Planning Department and is also available for purchase; and - 2 - PC2014-*** WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Program ("MMP") has been prepared for the proposed Project and includes mitigation measures that are specific to the proposed Project. The MMP is attached to a separate resolution adopted by this Planning Commission concurrently with this Resolution in connection with Conditional Use Permit No. 2012-05597; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 21, 2013 at 5:00 p.m., 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 (herein referred to as the “Code”), to hear and consider evidence for and against proposed Reclassification No. 2012-00248 and Conditional Use Permit No. 2012-05597 and to investigate and make findings and recommendations in connection therewith. The hearing was continued indefinitely to allow time to address issues raised during the public hearing; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 21, 2014 at 5:00 p.m., 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 and testimony concerning the contents and sufficiency of the MND and for and against the proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at said public hearing, the Planning Commission did receive evidence and reports, including any written and verbal comments received during the public review period concerning the contents and sufficiency of the MND and responses thereto; and WHEREAS, based upon a review of the proposed Project and the MND, this Planning Commission finds that (i) the MND reflects the independent judgment and analysis of the City; (ii) it has considered the proposed MND and MMP together with any comments and responses received during the public review process; (iii) potentially significant impacts of the proposed Project, including proposed Reclassification No. 2012-00248, have been eliminated or reduced to a level considered less than significant with the implementation of the mitigation measures contained in the MMP; and (iv) there is no substantial evidence that the proposed Project, including proposed Reclassification No. 2012-00248, will have a significant effect on the environment; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Reclassification of a portion of the Property from the T (Transition) Zone to the CG (General Commercial) Zone and the entire Property to the Mixed Use (MU) Overlay Zone is consistent with the Property’s existing Mixed Use land use designation in the General Plan. 2. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the surrounding properties designated for Mixed Use land uses. - 3 - PC2014-*** 3. The proposed reclassification of the Property does properly relate to the zone and its permitted uses locally established within and in close proximity to the Property and to the zones and their permitted uses generally established throughout the community. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby unconditionally approve Reclassification No. 2012-00248 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the C-G (General Commercial) Zone and Mixed Use (MU) Overlay Zone. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 21, 2014. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 21, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of April, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2014-*** [DRAFT] ATTACHMENT NO. 4 -1- PC2014-*** RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM AND APPROVING CONDITIONAL USE PERMIT NO. 2012-05597 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2011-00110) (200-282 NORTH LEMON STREET, 107-127 WEST LINCOLN AVENUE AND 120 WEST CYPRESS STREET) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified petition for Conditional Use Permit No. 2012- 05597 to construct a mixed-use project with 220 apartments and 18,000 square feet of commercial retail uses (the “Project”) for certain real property located at 200-282 North Lemon Street, 107-127 West Lincoln Avenue and 120 West Cypress Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the “Property”); and WHEREAS, the Property, consisting of approximately 4.29-acres, is developed with a vacant building and a parking lot. A portion of the Property is located in the T (Transition) Zone. The remainder of the Property is located in the C-G (General Commercial) Zone. Conditional Use Permit No. 2012-05597 is proposed in conjunction with Reclassification No. 2012-00248, which is a request to rezone or reclassify the entirety of this property into the C-G (General Commercial) Zone and to add the Mixed Use (MU) Overlay Zone to the Property, which will apply in addition to and, where inconsistent with, shall supersede the corresponding regulations of the underlying CG (General Commercial) Zone. The Anaheim General Plan designates the Property for Mixed Use land uses; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as 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 proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to evaluate the physical environmental impacts of the proposed Project. The MND was circulated for a 30-day public review period from January 28, 2013 through February 26, 2013. A complete copy of the MND is on file and can be viewed in the City's Planning Department and is also available for purchase; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Program ("MMP") has been prepared for the proposed Project and includes mitigation measures that are specific to the proposed Project. The MMP is attached hereto as Exhibit C and incorporated herein by this reference; and -2- PC2014-*** WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 21, 2013 at 5:00 p.m., 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 (herein referred to as the “Code”), to hear and consider evidence for and against proposed Reclassification No. 2012-00248 and Conditional Use Permit No. 2012- 05597 and to investigate and make findings and recommendations in connection therewith. The hearing was continued indefinitely to allow time to address issues raised during the public hearing; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 21, 2014 at 5:00 p.m., 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 and testimony concerning the contents and sufficiency of the MND and for and against the proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at said public hearing, the Planning Commission did receive evidence and reports, including any written and verbal comments received during the public review period concerning the contents and sufficiency of the MND and responses thereto; and WHEREAS, based upon a review of the Project and the MND, this Planning Commission finds that (i) the MND reflects the independent judgment and analysis of the City; (ii) it has considered the proposed MND and MMP together with any comments and responses received during the public review process; (iii) potentially significant impacts of the proposed Project have been eliminated or reduced to a level considered less than significant with the implementation of the mitigation measures contained in the MMP; and (iv) there is no substantial evidence that the proposed Project will have a significant effect on the environment; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 2012-05597 to construct the proposed Project, does find and determine the following facts: 1. The proposed Project is properly one for which a conditional use permit is authorized by Section 18.32.030.120 (Uses) of the Zoning Code. 2. The proposed Project would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. The Project complies with and implements the City’s General Plan and mitigation measures have been included to reduce or eliminate and potential impacts. 3. The size and shape of the site is adequate to allow the full development of the proposed Project, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic, and circulation without creating detrimental effects on adjacent properties. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the vehicular circulation is designed to minimize impacts on the surrounding properties. -3- PC2014-*** 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the project has been designed to minimize impacts on the surrounding properties. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim, based upon the foregoing findings and recitals, as follows: 1. The Planning Commission hereby adopts the MND and the MMP and does find and determine their adequacy to serve as the required environmental documentation for the proposed Project. 2. The Planning Commission does hereby approve Conditional Use Permit No. 2012-05597, subject to the approval of Reclassification No. 2012-00248, now pending, and subject to compliance with the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the conditions, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 3. Any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code. 4. The adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. 5. Approval of this application constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 6. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. -4- PC2014-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 21, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 21, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of April, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2014-*** -6- PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2012-05597 AND MITIGATION MONITORING PROGRAM NO. 310 (DEV2011-00110) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF GRADING PERMITS 1 Per the requirements of the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ), a Stormwater Pollution Prevention Plan (SWPPP) for the proposed project shall be prepared and include a sufficient number of erosion control Best Management Practices (BMPs) are implemented during the construction phase to ensure that potential erosion issues are adequately addressed. BMPs shall include the following, or similar, efforts: fiber rolls, street sweeping, sandbag barriers, straw bale barriers, and storm drain inlet protection. MM HYD-1 Public Works, Development Services 2 Prior to issuance of the grading permit and right-of-way construction permit for the storm drain and sewer, whichever occurs first, a Save Harmless agreement in-lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. Public Works, Development Services 3 The applicant shall submit to the Public Works Department/Development Services for review and approval a Final Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. Public Works, Development Services 4 Per the requirements of the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ), a Stormwater Pollution Prevention Plan (SWPPP) for the proposed project shall be prepared and include a sufficient number of erosion control Best Management Practices Public Works, Development Services -7- PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY (BMPs) are implemented during the construction phase to ensure that potential erosion issues are adequately addressed. BMPs shall include the following, or similar, efforts: fiber rolls, street sweeping, sandbag barriers, straw bale barriers, and storm drain inlet protection. PRIOR TO FINAL MAP APPROVAL 5 The Developer/Property owner shall acquire in fee (or as approved by City Engineer) from the legal owner that portion of land that is in excess outside of the ultimate street right-of-way for Lincoln Avenue and Anaheim Boulevard for the entire frontage of the project along these streets. The legal owner shall dedicate to the City of Anaheim ultimate right-of-way easements fifty five (55) feet in width for road, public utilities and other public purposes along Lincoln Avenue and Anaheim Boulevard for the entire frontage of the project along these streets. Public Works, Development Services 6 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for street, public utility and other public purposes for the widening of Cypress Street and Lemon Street to their ultimate right-of-way width of 30 feet and 28.75 feet from the street centerlines, respectively. Public Works, Development Services 7 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. Maintenance responsibilities shall include parkway landscaping and irrigation on Anaheim Blvd, Lincoln Avenue, Lemon Street and Cypress Street. The covenant shall be recorded concurrently with the final map. Public Works, Development Services 8 Street improvement plans shall be submitted for all required public works improvements; including traffic signal and related improvements, striping, storm drain, sewer, landscape and irrigation improvements, in Lincoln Avenue, Lemon Street, Anaheim Blvd and Cypress Street to the Public Works Department/Development Services. A bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney prior to final map approval. The improvements shall be constructed prior to final building and zoning inspections. Public Works, Development Services 9 The property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner’s expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer. Public Works, Development Services 10 All parcels shall be assigned street addresses by the Building Division. Public Works, Development Services -8- PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 11 All existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Public Works, Development Services PRIOR TO ISSUANCE OF BUILDING PERMITS 12 That prior to issuance of building permits, plans shall specifically indicate that all vehicular ramps and grades conform to all applicable Engineering Standards. Public Works, Traffic Engineering 13 That prior to issuance of the a building permit for the parking structure, plans shall demonstrate that at-grade ducts and overhead pipes shall not encroach in the parking space areas or required vehicle clearance areas. Public Works, Traffic Engineering 14 The final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. Public Works, Development Services 15 Prior to the issuance of a building permit, onsite soil classified as hazardous waste in California by virtue of having greater than 1,000 mg/kg total lead concentration shall be evaluated and disposed at a State approved disposal site. MM HAZ-1a Fire Department 16 Prior to the issuance of a building permit, shallow soils from the historical industrial use located in the southeast and southwest portions of the project site (with the highest density of sampling locations documenting lead between 80 mg/kg and 1,000 mg/kg) shall be relocated to underneath the footprint of the future parking structure. MM HAZ-1b Public Works, Development Services, Building Division and DTSC 17 Prior to the issuance of a building permit, the soils with lead concentration below 80 mg/kg shall be re-graded and compacted in the top 5 to 7 feet bgs. MM HAZ-1c Public Works, Development Services, Building Division and DTSC 18 Prior to the issuance of a building permit, sampling under the footprint of new residential area(s) shall be conducted to confirm and document that no residual soil with lead in excess of 80 mg/kg is located under the foundation of the proposed building locations. MM HAZ-1d Public Works, Development Services, Building Division and DTSC 19 Double or extra-strength windows and doors with an STC rating of 22 or higher shall be installed in all residential units adjacent to Lincoln Planning Department, -9- PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY Avenue. Interior noise levels must then be checked to ensure interior noise levels are at or below 45 dB (CNEL). Where it is necessary that windows be closed in order to achieve the required level, means shall be provided for ventilation/cooling shall be included to provide a habitable environment. MM NOI-1 Building Division 20 Windows shall be installed with glazing ratings as identified in Table 4 found in the letter from Veneklasen Associates dated January 8, 2014. This letter has been included as an attachment to the staff report. Planning Department, Building Division 21 Prior to final building and zoning inspection, the property owner/developer shall construct a median diverter on Anaheim Boulevard at Cypress Street, including all appropriate signage and striping. This median diverter shall allow left turns in the northbound and southbound directions of Anaheim Boulevard onto Cypress Street, but shall prohibit left turns and through movements eastbound and westbound on Cypress Street. MM TRAN-1 Public Works, Traffic Engineering 22 Prior to the issuance of an occupancy permit, the developer/owner shall submit to the Public Utilities Water Engineering an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to confirm the adequacy of the existing water system to provide the estimated water demands. In the unlikely event that off-site water system improvements are required to serve the project, they shall be provided in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. MM USS-1 Public Utilities, Water Engineering 23 Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities, Electrical Engineering 24 That this project has a landscaping area exceeding 2,500 square feet and a separate irrigation meter shall· be installed in compliance with the Landscape Water Efficiency Guidelines. Public Utilities, Water Engineering 25 The property owner shall irrevocably offer to dedicate to The City of Anaheim an easement twenty feet in width for water service mains and/or an easement for large meters or other public facilities. Public Utilities, Water Engineering 26 Lockable pedestrian and/or vehicular access gates shall be equipped with Knox devices as required and approved by the Fire Department. Fire Department 27 A fire alarm system shall be designed, installed and maintained as required by the Fire Department. Fire Department -10- PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 28 An automatic fire sprinkler system shall be designed, installed and maintained as required by the Fire Department. Fire Department 29 Fire hydrants shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow. Fire Department 30 An all-weather access road as approved by the Fire Department shall be provided during construction. Fire Department 31 An automatic fire sprinkler system shall be designed, installed and maintained as required by the Fire Department. This item shall be shown on plans submitted for building permits. Fire Department 32 All requests for new water services or fire lines as well as any modifications, relocations, or abandonments of existing water services and fire lines shall be coordinated through the Water Engineering Division of the Public Utilities Department. Public Utilities, Water Engineering 33 All existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities, Water Engineering 34 The owner/developer shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the owner. Public Utilities, Water Engineering 35 The developer/owner shall submit to the Public Utilities Department, Water Engineering Division an estimate of the maximum fire flow rate and sprinkler demand, and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. Public Utilities, Water Engineering -11- PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 36 Exhibit “B” of this document containing the conditions of approval and mitigation measures associated with this entitlement shall be prominently displayed on plans submitted for grading and building permits. Planning Department, Planning Services ONGOING DURING PROJECT CONSTRUCTION 37 During project construction, the developer shall require painting contractors to use only paints and coatings with no more than 100 grams/liter of volatile organic compound (VOC) for exterior applications and no more than 50 grams/liter of VOC for interior applications. For a list of low VOC paints, see Website: www.aqmd.gov/prdas/brochures/paintguide.html. MM AQ-1 Planning Department, Building Division 38 During project construction, the developer shall require painting contractors to phase paints and coatings applications such that no more than 2.5 percent of project facilities are under active application on any one day. This measure results in an estimated 42-day architectural coatings phase. MM AQ-2 Planning Department, Building Division 39 The applicant/developer shall retain a qualified professional (e.g., archaeologist, historian, architect, paleontologist), subject to approval by the City of Anaheim and this monitor shall be present to ensure that all earthmoving activities are observed and shall be on site during all grading activities. Planning Department, Planning Services 40 In the event that buried cultural resources are discovered during construction, operations shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the Lead Agency on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with §15064.5 of the CEQA Guidelines. Cultural resources could consist of, but are not limited to, stone artifacts, bone, wood, shell, or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the Project Area should be recorded on appropriate Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA criteria. MM CR-1 Planning Department, Planning Services 41 If the resources are determined to be unique historic resources as defined under §15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. MM CR-2 Planning Department, Planning Services 42 No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any archaeological artifacts recovered as a result of mitigation shall be Planning Department, Planning -12- PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY donated to a qualified scientific institution approved by the Lead Agency where they would be afforded long-term preservation to allow future scientific study. MM CR-3 Services 43 In addition, reasonable efforts to avoid, minimize, or mitigate adverse effects to the property will be taken and the State Historic Preservation Officer (SHPO) and Native American tribes with concerns about the property, as well as the Advisory Council on Historic Preservation (ACHP) will be notified within 48 hours in compliance with 36 CFR 800.13(b)(3). MM CR-4 Planning Department, Planning Services 44 Monitoring of excavation in areas identified as likely to contain paleontological resources by a qualified paleontological monitor is required under limited conditions. Monitoring must take place once 6 feet of modern grade has been reached during any earthmoving work. The mitigation measures must be discussed with the Proponent and/or his contracted representatives during a pre-grade meeting attended by City staff. Should the City-approved Paleontologist determine that potential impacts to fossil resources have been reduced to “low” as a result of the monitoring efforts, the Paleontologist may cease the monitoring program before earthmoving has concluded. A monitoring report must be generated and submitted to City staff within one month after monitoring has concluded. Based upon the results of this review, areas of concern include any and all previously undisturbed sediments of Pleistocene Older alluvium present within the boundaries of the Project Area. Paleontologic monitors should be equipped to salvage fossils, as they are unearthed, to avoid construction delays, and to remove samples of sediments likely to contain the remains of small fossil invertebrates and vertebrates. Monitors must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring may be reduced or eliminated if the potentially fossiliferous units described herein are determined upon exposure and examination by qualified paleontologic personnel to have low potential to contain fossil resources. MM CR-5 Planning Department, Planning Services 45 Preparation of recovered specimens to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates is required. Preparation and stabilization of all recovered fossils are essential in order to fully mitigate adverse impacts to the resources. MM CR-6 Planning Department, Planning Services 46 Identification and curation of specimens into an established, accredited museum repository with permanent retrievable paleontologic storage is required. These procedures are also essential steps in effective paleontologic mitigation and CEQA compliance. The paleontologist must have a written repository agreement in hand prior to the initiation of mitigation activities. Mitigation of adverse impacts to significant paleontologic resources is not complete until Planning Department, Planning Services -13- PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY such curation into an established museum repository has been fully completed and documented. MM CR-7 47 Preparation of a report of findings with an appended itemized inventory of specimens is required. The report and inventory, when submitted to the appropriate Lead Agency along with confirmation of the curation of recovered specimens into an established, accredited museum repository, will signify completion of the program to mitigate impacts to paleontologic resources. MM CR-8 Planning Department, Planning Services 48 In the event of an accidental discovery or recognition of any human remains, California State Health and Safety Code §7050.5 dictates that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to CEQA regulations and Public Resource Code (PRC) §5097.98. All applicable provisions of the Native American Grave Protection and Repatriation Act and its regulations found in the Code of Federal Regulations at 43 CFR 10 shall also apply. MM CR-9 Planning Department, Planning Services PRIOR TO FINAL BUILDING AND ZONING INSPECTION 49 Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities, Electrical Engineering 50 For the retail portion, complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 Police Department 51 Address numbers shall be positioned so as to be readily readable from the street. Main building numbers should be a minimum height of 12”. Numbers should be illuminated during hours of darkness. Police Department 52 On the retail portion, rear entrance doors shall be numbered with the same address numbers or suite number of the business. Minimum height of 4” recommended. Police Department 53 Rooftop address numbers shall be added for the police helicopter. Minimum size 4’ in height and 2’ in width. The lines of the numbers are to be a minimum of 6” thick. Numbers should be spaced 12” to 18” apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. a. Based on the design of this complex, the above described roof numbers can be applied to the top level of the central parking structure Police Department -14- PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY on a portion of the pavement not covered by any structures or parking spaces. The size and positioning, as described above, should be adhered to. 54 All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Police Department 55 Minimum lighting level for covered portions of all parking structures is: • Horizontal Illumination: 1-footcandle minimum, 5-footcandles average on the covered decks with a 10:1 maximum to minimum uniformity ratio. • Minimum Vertical Illumination: 0.5-footcandles at 5-feet above the parking surface. • Entrances: 50-footcandles minimum during the day. This higher illumination level should be carried approximately 70-feet inside the garage to allow a transition from bright daylight to a lower internal level. Natural daylight may be considered in the calculation. Police Department 56 Compliance with AMC 6016, the Anaheim Public Safety Radio System Coverage Ordinance is required. To request a copy of the ordinance, contact Officer Budds at (714) 765-3859 or mbudds@anaheim.net. A copy of the ordinance can also be viewed/download online through the City of Anaheim web site under “City Records”: http://www.anaheim.net/. Police Department 57 All electrically operated gates providing emergency vehicle access shall include the installation of an electronic access system which allows for the use of a public safety radio frequency to open the gate. Police Department 58 The developer/property owner shall: • Demonstrate that all structural BMPs described in the Project & Site Specific WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non- structural BMPs described in the Project & Site Specific WQMP • Demonstrate that an adequate number of copies of the approved Project & Site Specific WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Public Works, Development Services 59 The property owner/developer shall construct a permanent, decorative diagonal diverter at the intersection of Lemon Street and Cypress Street, including all appropriate signage and striping. This diverter shall only allow northbound and southbound right turns, and eastbound and westbound left turns. Provisions shall be made in the design of the diverter to allow for full pedestrian and bicycle movements. Final design of the diverter shall be subject to the review and approval of the City Engineer. Should the design of the diverter Public Works, Development Services -15- PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY not serve its intended purpose following installation, equivalent traffic calming measures, preventing northbound vehicular traffic on Lemon Street, may be substituted for the diverter, subject to the review and approval of the City Engineer. ONGOING DURING PROJECT OPERATION 60 The sanitary sewer and storm drains for this development shall be privately maintained. Public Works, Development Services 61 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department No additional demonstration required 62 The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring uses. Police Department 63 All entrances to the parking lot shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. Police Department 64 “No Trespassing 602(k) P.C.” signs shall be posted at the entrances of the parking lot. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. Police Department 65 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services No additional demonstration required 66 Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Planning Department, Planning Services No additional demonstration required 67 That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. Planning Department, Planning Services No additional demonstration required 68 Approval of this application constitutes approval of the proposed request only to the extent that complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable Planning Department, Planning Services No additional demonstration required -16- PC2014-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY ordinance, regulation or requirement. 69 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services No additional demonstration required January 8, 2014 Equity Residential 26970 Aliso Viejo Parkway, Suite 250 Aliso Viejo, California 92656 Attention: Mr. Dustin Smith Subject: Uptown Village Anaheim, California Exterior Envelope Acoustical Design VA Project # 4258-006 Dear Mr. Smith: Veneklasen Associates (VA) has completed our acoustical review of the Uptown Village Development Site located in Anaheim, California. This report represents the results of our findings. 1.0 INTRODUCTION This study was conducted to determine the impact of the exterior noise sources on the Uptown Village Residential Development. VA’s scope of work included calculating the exterior noise levels impacting the site, determining the method required to lower the exterior sound levels to meet the applicable code requirements and review the planned exterior facade construction (including doors, windows, walls and roofs) to determine compliance of the interior sound levels with State of California and the City of Anaheim noise requirements. The results of VA’s analysis are presented in this report. The project reviewed consists of a 4-story building containing 220 multi-family residential units and first-floor retail space. The project site is bounded by Anaheim Boulevard to the east, Lincoln Avenue to the south, Lemon Street to the west, and Cypress Street to the north. 2.0 NOISE CRITERIA CNEL is the 24-hour equivalent sound pressure level in which the nighttime noise levels, occurring between the hours of 10 pm and 7 am, are weighted by adding 10 dB of sound level to the measured hourly average, and 5 dB for the hours between 7pm and 10pm. Since this is a 24 hour metric, single event noise levels (truck pass-bye, bus, trains, etc.) are smoothed over the time frame meaning that the single event noise levels are not as prominent in the analysis. Leq (equivalent continuous sound level) is defined as the steady sound pressure level which, over a given period of time, has the same total energy as the actual fluctuating noise. 2.1 City of Anaheim Noise Element The City of Anaheim Noise Standards require that the interior noise levels not exceed 45 CNEL. If the interior noise level exceeds 45 CNEL with windows open, then a mechanical ventilating system or other means of natural ventilation shall be provided. The exterior noise standard for the City of Anaheim is 65 CNEL. This applies to private patios and balconies greater than 6 feet deep. ATTACHMENT NO. 5 Uptown Village - Exterior Envelope Acoustical Design January 8, 2014–Page 2 www.veneklasen.com 3.0 EXTERIOR NOISE ENVIRONMENT 3.1 Computer Modeling VA has utilized the Traffic Noise Model computer software program developed by the FHWA (Federal Highway Administration) in order to predict vehicular noise levels at various locations. Current traffic conditions for Lincoln Avenue and Anaheim Boulevard were obtained from the City of Anaheim website. The current traffic count on Lincoln Avenue is 22,800 ADT and 19,400 ADT on Anaheim Boulevard. The posted speed limit is 35 mph. No future traffic counts were available and VA has estimated the growth in traffic using a 1% increase per year to determine future (year 2023) traffic. The increase in noise level due to traffic by 2023 is calculated to be about 1 dB. 3.2 Overall Exterior Exposure Based on the computer model and the project site plan provided by the Client, VA calculated the existing and future CNEL noise levels at various locations within the project site. To simplify the analysis and presentation of our results, VA has separated the site into locations based on the sound exposure and required mitigation. The noise levels reported are worst-case for each location and some areas will be exposed to a lower noise level due to shielding from building facades and structures on site. The predicted sound levels at each location, shown in Figure 1, are listed in Table 1. Table 1 – Future Exterior Noise Levels Location Future Exterior Noise Level, CNEL Zone A 73 Zone B 70 Remaining Units < 60 Figure 1 –Project Site Showing Noise Exposure Zones Zone A Zone B Zone B Uptown Village - Exterior Envelope Acoustical Design January 8, 2014–Page 3 www.veneklasen.com 4.0 EXTERIOR NOISE LEVELS AT OUTDOOR USE AREAS The project contains private balconies for some units as well as common outdoor use courtyards. As described in section 2.1, exterior noise levels at outdoor use areas acceptable up to 65 CNEL. This applies to private patios and balconies greater than 6 feet deep. 4.1 Common Outdoor Use Areas The future exterior noise level at the common outdoor courtyards will be less than 65 CNEL. This will meet the City of Anaheim exterior noise criteria and no mitigation is required. 4.2 Private Balconies The balconies will be less than 6 feet in depth and are, therefore, exempt from the exterior noise criteria. No mitigation is required. 5.0 INTERIOR NOISE CALCULATION VA understands that the exterior wall will consist of stucco or brick veneer on wood studs, a single layer of gypsum on the interior and batt insulation in the cavity. VA’s calculations include the exterior wall, but indicate that the interior noise levels are determined by the acoustical performance of the glazing system. VA utilized the window and door assemblies (glass, frame and seals) shown in Table 2, below. Th e transmission loss values were based on typical glazing assemblies. The actual construction and STC ratings shown may differ for the project, but should be reviewed when submitted. Table 2 – Example Glazing Assembly Descriptions Assembly Rating Thickness Typical Glazing Construction STC 28 1” dual 1/8” lite, 3/4” airspace, 1/8” lite STC 33 1” dual 3/16” lite, 11/16” airspace, 1/8” lite STC 35 1” dual 1/4” laminate, 1/2” airspace, 1/4” laminate 5.3 Interior Average Noise Level (CNEL) VA calculated the interior level within the residential units given the noise environment and the exterior façade construction described above. The calculations were based on the floor plans and elevations provided. The results for each location are presented in Table 3. Table 3 – Glazing Required to Meet Interior Noise Standards Location Future Exterior Noise Level, CNEL Glazing Rating Zone A 73 STC 35 Zone B 70 STC 33 Remaining Units < 60 CNEL STC 28* * Recommended but not required. Uptown Village - Exterior Envelope Acoustical Design January 8, 2014–Page 4 www.veneklasen.com As shown in Table 3, the exterior noise impacts to the remaining units not included in Zones A and B will be less than 60 CNEL. Standard construction materials and methods will satisfy the noise requirements and no sound rated assemblies are required. However VA recommends that assemblies with a minimum rating of STC 28 be specified to maintain a consistent level of acoustical performance. 5.4 Mechanical Ventilation Requirement Because the windows and doors must be kept closed to meet the noise requirements at some locations, mechanical ventilation is required. The residential units in Zones A and B will require mechanical ventilation. The mechanical ventilation shall meet all Code requirements, including the capability to provide sufficient fresh air exchanges, without depending on open windows or leakage through windows and doors. The ventilation system shall not compromise the sound insulation capability of the exterior facade assembly. 6.0 CONCLUSIONS The following is a summary of the conclusions within this report.  Exterior noise levels at the common outdoor courtyards are acceptable.  Balconies are less than 6 feet in depth and are exempt from the noise criteria.  No changes required to the design of the exterior wall construction.  The mitigation recommendations for the glazing systems (windows, sliding doors, and French doors) and fresh air requirements are shown in Table 4, below. Table 4 – Suggested Glazing Mitigation and Fresh Air Requirements Location Glazing Rating Mechanical Ventilation Zone A STC 35 Required Zone B STC 33 Required Remaining Units STC 28* Not Required * Recommended but not required. Various noise mitigation methods may be utilized to satisfy the noise criteria described in this report. Alteration of mitigation methods that deviate from requirements should be reviewed by the acoustical consultant. We trust this information is satisfactory. If you have any questions or comments regarding this report, please do not hesitate to contact us. Sincerely, Veneklasen Associates, Inc. John LoVerde Associate Principal       January 17, 2014 Scott Koehm City of Anaheim 200 South Anaheim Boulevard, Suite 162 Anaheim, CA 92805 Re: Uptown Village Mitigated Negative Declaration and Cultural Resources Associated with Past Chinese Settlements Dear Mr. Koehm: On October 21, 2013, the Mitigated Negative Declaration (MND) for the Uptown Village was presented to the City of Anaheim Planning Commission. During the public hearing, there was a comment regarding the adequacy of mitigation measures to reduce potential impacts on archaeological resources and specifically the adequacy of Mitigation Measure CR-1, which is to stop construction activities in the event that buried cultural resources are discovered. These construction activities would stop in the immediate vicinity of the archaeological resources that are found and a qualified archaeologist would be consulted to determine whether the resource requires further study. The commenter also asked if specific literature at the Anaheim Heritage Center was reviewed, specifically the Sanborn Fire Insurance Company maps, historic aerial photographs and maps, and information about the Chinese settlement in the project area. Furthermore, the commenter stated that appropriate mitigation was to have an archaeological monitor on the project site during all grading, excavation, and other similar ground-disturbing activities during construction due to the potential for archaeological resources from the past Chinese settlements in the area. As identified on page 57 of the MND, there is reference that there was a blog post by O.C. History Roundup regarding Anaheim’s Chinatown stating that the project site is located in an area that was previously occupied by Chinatown. The MND stated that based on a review of the historical records including inventories of the National Register of Historic Places (NRHP), the California Register of Historical Resources (CR), the California Historical Landmarks (CHL) list, the California Points of Historical Interest (CPHI) list, the California State Historic Resources Inventory (HRI), and archival maps for the County and the City, there was no evidence of previously documented local historical resources on the project site. Based on the comments received during the public hearing on October 21, 2013, Kathleen Crawford, M.A., Architectural Historian with FirstCarbon Solutions | Michael Brandman Associates (FCS|MBA), revisited the Uptown Village project site that is bound by E. Cypress Street to the north, S. Anaheim Boulevard to the east, W. Lincoln Avenue to the south, and N. Lemon Street to the west. She noted that the project site continued to have no exposures of soil other than at the location of landscaping areas. Archaeological resources were not found during the additional site visit on October 21, 2013. In addition, Ms. Crawford visited the Anaheim Heritage Center @ the Muzeo of the Anaheim Public Library on December 19, 2013 to review historic archival documents regarding the project site. These documents included (1) the Sanborn Fire Insurance Company maps, (2) historic aerial photographs and maps, (3) information about the Chinese settlement prepared by Jane K. Newell, Heritage Service Manager; and (4) the Master’s Thesis prepared by Mary Lou Begert in 1993. These documents were reviewed for pertinent information related to the project site and the potential for historic archaeological deposits at the site. Based on her review of the documentation, Ms. Crawford noted that there is evidence that past Chinese settlements       occurred in the project area. However, there is no evidence that there are archaeological resources located on the project site. As stated above, a review of the various historical records was conducted and based on the review of these records; there was no evidence of previously documented local historical resources on the project site. After a review of the available documentation, Ms. Crawford concluded that the proposed mitigation measures in the MND prepared for the Uptown Village are appropriate and adequate to reduce potential impacts to archaeological resources in the event that buried archaeological resources are discovered during construction activities. More specifically, Ms. Crawford concluded that the mitigation measure approach to provide an archaeological monitor on the project site when, and if, archaeological resources are discovered during construction activities is appropriate and adequate. Following is a reiteration of the mitigation measures that are identified on pages 57 and 58 of the MND to reduce the potential impacts to archaeological resources to less than significant. MM CR-1 In the event that buried cultural resources are discovered during construction, operations shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the Lead Agency on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with §15064.5 of the CEQA Guidelines. Cultural resources could consist of, but are not limited to, stone artifacts, bone, wood, shell, or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the Project Area should be recorded on appropriate Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA criteria. MM CR-2 If the resources are determined to be unique historic resources as defined under §15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. MM CR-3 No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the Lead Agency where they would be afforded long-term preservation to allow future scientific study. MM CR-4 In addition, reasonable efforts to avoid, minimize, or mitigate adverse effects to the property will be taken and the State Historic Preservation Officer (SHPO) and Native American tribes with concerns about the property, as well as the Advisory Council on Historic Preservation (ACHP) will be notified within 48 hours in compliance with 36 CFR 800.13(b)(3).       If you have any question, please call us at 714.508.4100. Sincerely, Michael E. Houlihan, AICP Kathleen Crawford, M.A. Associate Director, Environmental Services Architectural Historian FirstCarbon Solutions|MBA FirstCarbon Solutions|MBA 220 Commerce, Suite 200 220 Commerce, Suite 200 Irvine, CA 92602 Irvine, CA 92602 Add a diagonal diverter at the intersection of Lemon Street and Cypress Street to redirect through traffic on Lemon Street. ANAHEIM-LINCOLN APARTMENTS TRAFFIC STUDY CITY OF ANAHEIM PROPOSED PROJECT TRAFFIC CALMING STRATEGIES IBI Group 2014 Initial Study and Mitigated Negative Declaration Uptown Village City of Anaheim, Orange County, California Prepared for: City of Anaheim 200 South Anaheim Boulevard, Suite 162 Anaheim, CA 92805 714.765.5395 Contact: Scott Koehm, Associate Planner Prepared by: Michael Brandman Associates 220 Commerce, Suite 200 Irvine, CA 92602 714.508.4100 Contact: Michael Houlihan, AICP, Project Manager Collin Ramsey, Environmental Planner January 24, 2012 ATTACHMENT NO. 6 City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Table of Contents Michael Brandman Associates iii H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table of Contents Acronyms and Abbreviations............................................................................................vii Section 1: Introduction.........................................................................................................1 1.1 - Purpose...............................................................................................................1 1.2 - Project Location ..................................................................................................1 1.3 - Project Description..............................................................................................1 1.3.1 - Residential Use....................................................................................2 1.3.2 - Retail Use.............................................................................................2 1.3.3 - Onsite Improvements...........................................................................2 1.3.4 - Zoning Change...................................................................................12 1.4 - Intended Uses of this Document.......................................................................12 1.5 - Environmental Setting.......................................................................................12 1.5.1 - Existing Land Use ..............................................................................12 1.5.2 - Surrounding Land Use .......................................................................13 Section 2: Environmental Checklist..................................................................................15 1. Aesthetics......................................................................................................15 2. Agriculture and Forestry Resources..............................................................15 3. Air Quality......................................................................................................16 4. Biological Resources.....................................................................................16 5. Cultural Resources........................................................................................17 6. Geology and Soils .........................................................................................17 7. Greenhouse Gas Emissions..........................................................................18 8. Hazards and Hazardous Materials................................................................18 9. Hydrology and Water Quality.........................................................................19 10. Land Use and Planning.................................................................................20 11. Mineral Resources.........................................................................................20 12. Noise .............................................................................................................21 13. Population and Housing ................................................................................21 14. Public Services..............................................................................................21 15. Recreation.....................................................................................................22 16. Transportation / Traffic ..................................................................................22 17. Utilities and Service Systems........................................................................23 18. Mandatory Findings of Significance...............................................................23 Section 3: Discussion of Environmental Evaluation.......................................................27 1. Aesthetics......................................................................................................27 2. Agriculture and Forestry Resources..............................................................34 3. Air Quality......................................................................................................36 4. Biological Resources.....................................................................................52 5. Cultural Resources........................................................................................55 6. Geology and Soils .........................................................................................61 7. Greenhouse Gas Emissions..........................................................................65 8. Hazards and Hazardous Materials................................................................69 9. Hydrology and Water Quality.........................................................................76 10. Land Use and Planning.................................................................................84 11. Mineral Resources.........................................................................................86 12. Noise .............................................................................................................87 13. Population and Housing ..............................................................................104 14. Public Services............................................................................................106 15. Recreation...................................................................................................110 City of Anaheim - Uptown Village Table of Contents Initial Study and Mitigated Negative Declaration iv Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 16. Transportation/Traffic ..................................................................................112 17. Utilities and Service Systems......................................................................131 18. Mandatory Findings of Significance.............................................................137 Section 4: References.......................................................................................................145 Section 5: List of Preparers .............................................................................................153 Michael Brandman Associates - Environmental Consultant....................................153 Technical Subconsultants .......................................................................................153 Appendix A: Air Quality and Greenhouse Gas Emissions Appendix B: Cultural Resources Appendix C: Geology / Soils Appendix D: Hazards and Hazardous Materials Appendix E: Hydrology Appendix F: Noise Analysis Appendix G: Transportation Appendix H: Public Services Appendix I: Utilities and Service Systems List of Tables Table 1: CalEEMod Construction Equipment Parameters....................................................41 Table 2: Localized Significance Analysis (Construction).......................................................43 Table 3: Localized Carbon Monoxide Concentrations ..........................................................44 Table 4: SCAQMD Mass Thresholds....................................................................................45 Table 5: Construction Air Pollutant Emissions......................................................................46 Table 6: Construction Air Pollutant Emissions (Mitigated)....................................................47 Table 7: Operational Emissions............................................................................................47 Table 8: Project Operational Greenhouse Gases (2020)......................................................67 Table 9: Current and Projected Water Demands (AFY)........................................................79 Table 10: Projected Normal Water Supply and Demand (AFY)............................................79 Table 11: Existing Noise Level Measurements.....................................................................87 Table 12: Noise Levels 50 feet from Roadway Centerline....................................................95 Table 13: Interior Noise Levels .............................................................................................96 Table 14: Human Response to Groundborne Vibration........................................................99 Table 15: Vibration Levels Generated by Construction Equipment ....................................100 Table 16: Construction Equipment Noise Levels................................................................102 Table 17: Significant Impact Criteria for Intersections.........................................................114 City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Table of Contents Michael Brandman Associates v H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 18: Related Projects Trip Generation........................................................................116 Table 19: Project Trip Generation Summary.......................................................................117 Table 20: Existing Year 2011 No Project vs. Related Projects vs. With Project - AM Peak Hour LOS Results..............................................................................118 Table 21: Existing Year 2011 (No Project vs. Related Projects vs. With Project) - PM Peak Hour LOS Results..............................................................................119 Table 22: Existing Year 2011 (No Project vs. With Project) - Arterial Segment Level of Service Results....................................................................................121 Table 23: Future Year 2015 (No Project vs. With Project) - AM Peak Hour LOS Results ..............................................................................................................123 Table 24: Future Year 2015 (No Project vs. With Project) - PM Peak Hour LOS Results ..............................................................................................................124 Table 25: Future Year 2015 (No Project vs. With Project) - Arterial Segment Level of Service Results....................................................................................126 List of Exhibits Exhibit 1: Regional Location Map............................................................................................3 Exhibit 2: Local Vicinity Map - Topographic Base...................................................................5 Exhibit 3: Local Vicinity Map - Aerial Base..............................................................................7 Exhibit 4: Site Plan..................................................................................................................9 Exhibit 5: Conceptual Design Drawings................................................................................31 Exhibit 6: Noise Meter Locations...........................................................................................89 City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Acronyms and Abbreviations Michael Brandman Associates vii H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc ACRONYMS AND ABBREVIATIONS AB Assembly Bill ACHP Advisory Council on Historic Preservation ACSD Anaheim City School District ADT Average Daily Traffic AFD Anaheim Fire Department APD Anaheim Police Department AQMP Air Quality Management District ARB Air Resources Board AUHSD Anaheim Union High School District BMP Best Management Practice CalRecycle California Department of Resources Recycling and Recovery CCR California Code of Regulations CEQA California Environmental Quality Act C-G General Commercial CO Carbon Monoxide CNEL Community Noise Equivalent Level CUP Conditional Use Permit DD Design Development DIP Ductile Iron Pipe DPR Department of Parks and Recreation DTSC Department of Toxic Substances DU Dwelling Unit DWF Dry Weather Flow EIR Environmental Impact Report EPA Environmental Protection Agency ESA Environmental Site Assessment FID Facility Inventory Database HAZNET Facility and Manifest Database HHW Household Hazardous Waste IS Initial Study IWMD Integrated Waste Management Department LOS Level of Service MBA Michael Brandman Associates MMTCO2e Million Metric Tons of Carbon Dioxide Equivalents MND Mitigated Negative Declaration MS4 Municipal Separate Storm Sewer System MTCO2e Metric Tons of Carbon Dioxide Equivalents MU Mixed Use City of Anaheim - Uptown Village Acronyms and Abbreviations Initial Study and Mitigated Negative Declaration viii Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc MWD Metropolitan Water District of Southern California NCCP Natural Communities Conservation Plan NOx Nitrogen Oxides OCHCA Orange County Health Care Agency OCSD Orange County Sanitation District OCTA Orange County Transportation Agency OCWD Orange County Water District OSHA Occupation Safety and Health Administration PM Particulate Matter POG Petroleum Oil and Grease PPM Parts Per Million PPV Peak Particle Velocity RCRA Resource Conservation and Recovery Act PRC Public Resources Code PRG Preliminary Remediation Goals RTP Regional Transportation Plan SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SHPO State Historic Preservation Officer SOx Sulfur Oxides Sq Ft Square Feet SR State Route STC Sound Transmission Class SWEEPS Statewide Environmental Evaluation and Planning System SWPPP Storm Water Pollution Prevention Plan T Transitional TAC Toxic Air Contaminants TPH-D Total Petroleum Hydrocarbons – Diesel TPH-G Total Petroleum Hydrocarbons – Gasoline TSF Thousand Square Feet UCL Upper Confidence Limit USFWS U.S. Fish and Wildlife Service UST Underground Storage Tank V/C Volume to Capacity VCP Vitrified Clay Pipe VdB Vibration Velocity VOC Volatile Organic Compounds City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Introduction Michael Brandman Associates 1 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc SECTION 1: INTRODUCTION 1.1 - Purpose The purpose of this Initial Study and Mitigated Negative Declaration (IS/MND) is to identify the potential impacts associated with the construction and operation of a 220-unit mixed-use residential/commercial development in the City of Anaheim (City). This IS/MND includes recommended mitigation measures to reduce potential impacts to levels that are considered less than significant. This IS/MND has been prepared in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City of Anaheim’s local guidelines for implementing CEQA. The purpose of the proposed Uptown Village project (project) is to provide 220 studio, one-bedroom, and two-bedroom units, along with 18,000 square feet (sq ft) of commercial/retail space, for the residents of the City of Anaheim. The proposed project would redevelop a highly visible vacant and blighted property in the center of the City, while helping the City meet its future housing needs goals. Pursuant to Section 15367 of the State CEQA Guidelines, the City of Anaheim is the Lead Agency in the preparation of this IS/MND. The City of Anaheim has primary responsibility for approval or denial of the proposed project and will ultimately be responsible for project implementation. The intended use of this IS/MND is to provide adequate environmental analysis related to the actions that are needed to achieve development of the proposed project. These actions include the approval of a condition use permit. This IS/MND includes adequate analysis for demolition, construction, and operational activities associated with the proposed project. 1.2 - Project Location The proposed Uptown Village project would be located on the northwest corner of South Anaheim Boulevard and West Lincoln Avenue in the central portion of the City of Anaheim, California (Exhibit 1). The project site is bound by E. Cypress Street to the north, S. Anaheim Boulevard to the east, W. Lincoln Avenue to the south, and N. Lemon Street to the west (Exhibit 2 and Exhibit 3). 1.3 - Project Description The proposed Uptown Village project would replace the existing onsite vacant use that includes a 25,000 sq ft two-story structure and surface parking lots with a mixed-use residential and retail development on 4.29 acres. The development would encompass the entire property and include a four-story multi-family residential complex with 220 residential units and 18,000 sq ft of commercial/retail space (Exhibit 4). City of Anaheim - Uptown Village Introduction Initial Study and Mitigated Negative Declaration 2 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 1.3.1 - Residential Use The proposed project would include 220 residential units comprised of studio, one-, and two-bedroom units, summarized as follows: • Studio Units: 617 sq ft; 34 total units • One-Bedroom Units: 723-725 sq ft; 102 total units • Two bedroom Units: 1,067-1,141 sq ft; 84 total units Ancillary uses associated with the residential development would include the following • Leasing Office: 2,370 sq ft • Fitness Center: 1,190 sq ft • Clubhouse/Community Room: 1,400 sq ft • Swimming Pool and Spa Area 1.3.2 - Retail Use The proposed project would include 18,000 sq ft of first-floor commercial/retail space, summarized as follows: • One 8,600 sq ft space • One 9,400 sq ft space Although specific retail uses or retail tenants are currently unknown, all retail uses would be required to comply with the Section 18.32.030.130 of the City of Anaheim Municipal Code, which outlines which uses are permissible and which are conditionally permissible within the Mixed Use (MU) Overlay Zone (refer to Section 3.10, Land Use and Planning). 1.3.3 - Onsite Improvements Parking and Circulation Parking The site plan provides for 503 spaces, including the 67 parking spaces that would be dedicated for the adjacent AT&T operations. The proposed project includes a three-level parking garage surface parking spaces for retail use and guests. Site Access Access to the proposed project is proposed via a new driveway on Lemon Street and a new driveway on Cypress Street. NORTHMichael Brandman Associates Orange County San Bernardino County Orange County Los Angeles County 91 1 83 60 91 91 55 57 241 261 241 5 405 405 5 210 Ora nge C ounty Riverside C ounty 60 605 5 710 10 2 110 22 133 1 Bell Chino Upland Irvine Orange Walnut Pomona Covina Anaheim Compton Norwalk Ontario Monrovia Commerce Alhambra Glendora Montclair Claremont Santa Ana Fullerton San Dimas Costa Mesa Seal Beach Long Beach Chino Hills Lake Forest Yorba Linda Laguna Hills Garden Grove Laguna Niguel Newport Beach Fountain Valley Huntington Beach East Los Angeles Cleveland NF Angeles NF P a c i f i c O c e a n Prado Flood Control Basin Santiago Reservoir 00550033 • 03/2012 | 1_regional.mxd Exhibit 1Regional Location Map Source: Census 2000 Data, The CaSIL, MBA GIS 2012. 5 0 52.5 Miles Project Site TextNOT TO SCALE CITY OF ANAHEIM • UPTOWN VILLAGEINITIAL STUDY/MITIGATED NEGATIVE DECLARATION Project Site 00550033 • 03/2012 I 2_local_topo.mxd Exhibit 2Local Vicinity MapTopographic BaseNORTHMichael Brandman Associates Source: TOPO! USGS Anaheim, CA (1978) 7.5' DRG. CITY OF ANAHEIM • UPTOWN VILLAGEINITIAL STUDY/MITIGATED NEGATIVE DELCARATION 2,000 0 2,0001,000 Feet Project Site 00550033 • 03/2012 I 3_local_aerial.mxd Exhibit 3Local Vicinity MapAerial BaseNORTHMichael Brandman Associates Source: ESRI Aerial Imagery. CITY OF ANAHEIM • UPTOWN VILLAGEINITIAL STUDY/MITIGATED NEGATIVE DELCARATION La Palma AveLa Palma Ave Lincoln AveLincoln AveAnaheim B lvdAnaheim B lvd North StNorth St La Verne StLa Verne St Willhelmina StWillhelmina St Alberta StAlberta St Sycamore StSycamore St Adele StAdele StCi t ron S tCi t ron S t Lemon S tLemon S t Santa Ana StSanta Ana St Water StWater St South StSouth StOl ive S tOl ive S t Paul ine S tPaul ine S t East S tEast S t !"#$5 Harbo r B lvdHarbo r B lvd 1,000 0 1,000500 Feet Project Site 00550033 • 01/2013 | 4_site_plan.mxd Exhibit 4Site Plan Source: Humphreys and Partners Architects, 2012. CITY OF ANAHEIM • UPTOWN VILLAGEINITIAL STUDY/MITIGATED NEGATIVE DECLARATION Michael Brandman Associates City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Introduction Michael Brandman Associates 11 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Offsite Circulation Improvements Cypress Street and Lemon Street, adjacent to the project site, are not constructed to ultimate standards. Both streets are classified as “Interior Streets,” per the Street and Highway Sections (Standard Detail No. 160-A) of the City of Anaheim’s Standard Specifications for Public Works Construction. An Interior Street has a public right of way width of 60-feet (or 30-feet to the centerline from either side of the street). Cypress Street is currently only 49.5 feet wide (or 24.75 feet to the centerline). Therefore, 5.25 feet of right-of-way for the project site may have to be dedicated along Cypress Street. Lemon Street has a public right-of-way of 56 feet, but is only 24.75-feet wide from the centerline of street to the project site. Therefore, 4 feet of the project site along Lemon Street may have to be dedicated. If either or both of these streets are widened, there are a number of utilities that would have to be relocated, including, but not limited to, street lights, pull boxes, underground vaults, and traffic signs. An existing handicapped ramp located on the southeast corner of Cypress Street and Lemon Street would require replacement should the corner return be adjusted due to widening of either or both of these streets. Stormwater Collection and Treatment Existing Drainage In the existing condition, stormwater is conveyed from the project site to both Lemon Street and Lincoln Avenue before being collected by catch basins. Runoff to Lemon Street is collected by a catch basin located on the east side of the street just north of Lincoln Avenue, while discharge to Lincoln Avenue is collected by a catch basin located on the north side of the street just east of Lemon Street. From the catch basins, stormwater is conveyed through the local MS4 (Municipal Separate Storm Sewer System) before discharging into Carbon Creek Channel prior to entering Gilbert Retarding Basin. Carbon Creek Channel serves as a principle tributary of the San Gabriel River Reach 1. A portion of the San Gabriel River downstream of the Gilbert Retarding Basin is included on the 303(d) list of impaired water bodies. Proposed Drainage As proposed, stormwater would be collected onsite by roof drains, area drains, and catch basins, and then directed to one of two Bio Clean Nutrient Separating Baffle Boxes located on the northwest and southwest portion of the project site for pre-treatment prior to infiltration by one of four MaxWell IV drywells located on the north, northwest, and southwest parts of the site (see the Best Management Practice [BMP] Exhibit in Appendix E, Hydrology, for the proposed locations of the Treatment Control BMPs). Bio Clean Nutrient Separating Baffle Boxes are pre-treatment devises used for treatment done through drywells. When incorporated in the design of a stormwater collection system, they prevent clogging of and preserve the life of drywells by reducing pollutants that affect drywell City of Anaheim - Uptown Village Introduction Initial Study and Mitigated Negative Declaration 12 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc performance, specifically debris, refuse, and sediment. The MaxWell IV drywells are designed to capture and infiltrate the entire first flush, effectively resulting in the eliminations of all pollutants. In accordance with the Countywide Model Water Quality Management Plan, the proposed Treatment Control BMPs would be sized to treat either the Stormwater Quality Design Flow or Stormwater Quality Design Volume. The Stormwater Quality Design Flow is the maximum flow rate of runoff produced from a rainfall intensity of 0.2-inch of rainfall per hour, and the Stormwater Quality Design Volume is the volume of runoff produced from a 24-hour 85th-percentile storm event, as determined from the local historical rainfall record for the project area. 1.3.4 - Zoning Change Most of the project site is currently zoned General Commercial (C-G), with the north-central portion presently zoned Transitional (T). As part of the approval process, the proposed project would require approval of a zoning change to Mixed Use (MU) Overlay Zone to allow the residential and commercial uses on the project site. Section 18.32.030.130 of the City of Anaheim Municipal Code indicates that within the MU Overlay Zone, multiple-family dwellings require a Conditional Use Permit (CUP). Additionally, certain commercial uses typically found in mixed-use developments such as restaurants and general retail are permitted uses, while any establishment selling alcohol require a CUP. 1.4 - Intended Uses of this Document The Initial Study (IS) prepared for the proposed Uptown Village project would be used by the City of Anaheim as the supporting documentation for the following potential project approvals. • Zone Change • Conditional Use Permit • Building Permit • Grading Permit 1.5 - Environmental Setting 1.5.1 - Existing Land Use The project site currently consists of an approximately 4.29-acre property. Although presently vacant, the project site has been extensively disturbed and developed. A roughly 25,000 sq ft two- story building associated with a former AT&T call center operation is located on the southwest portion of the project site. The balance of the project site has been paved and was used as a parking lot for the AT&T operation. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Introduction Michael Brandman Associates 13 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Most of the project site is currently zoned General Commercial (C-G), with the north-central portion presently zoned Transitional (T). The City of Anaheim General Plan Land Use Map designates the project site as Mixed Use. 1.5.2 - Surrounding Land Use The surrounding project area consists of a predominantly urbanized setting containing a collection of residential, commercial, industrial, and mixed land uses. Land uses immediately surrounding the project site include: • North: Cypress Street and residential, church, and automotive services/industrial uses • East: Anaheim Boulevard and office use • South: Lincoln Boulevard and a commercial shopping center • West: Lemon Street and an active AT&T operations • Northwest: 19-acre Pearson Park Interstate (I) 5 is located approximately 1.5 miles to the west of the project site, State Route (SR) 91 is roughly 1.2 miles to the north, and SR-57 is located almost 2.2 miles to the east. Major landmarks in the City of Anaheim include the Anaheim City Hall campus, which is approximately one-tenth mile south of the project site; Disneyland theme park, which occurs roughly 1.5 miles southwest of the site; and Anaheim Stadium, which is just over 2.8 miles southeast of the site. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Environmental Checklist Michael Brandman Associates 15 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc SECTION 2: ENVIRONMENTAL CHECKLIST Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact 1. Aesthetics Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic building within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 2. Agriculture and Forestry Resources In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forestland, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forestland (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forestland or conversion of forest land to non-forest use? City of Anaheim - Uptown Village Environmental Checklist Initial Study and Mitigated Negative Declaration 16 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? 3. Air Quality Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? 4. Biological Resources Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Environmental Checklist Michael Brandman Associates 17 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 5. Cultural Resources Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? 6. Geology and Soils Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? City of Anaheim - Uptown Village Environmental Checklist Initial Study and Mitigated Negative Declaration 18 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? 7. Greenhouse Gas Emissions Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? 8. Hazards and Hazardous Materials Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Environmental Checklist Michael Brandman Associates 19 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 9. Hydrology and Water Quality Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? c) Substantially alter the existing drainage pattern of area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? City of Anaheim - Uptown Village Environmental Checklist Initial Study and Mitigated Negative Declaration 20 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? 10. Land Use and Planning Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? 11. Mineral Resources Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 12. Noise Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Environmental Checklist Michael Brandman Associates 21 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 13. Population and Housing Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 14. Public Services Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? b) Police protection? c) Schools? d) Parks? e) Other public facilities? 15. Recreation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? City of Anaheim - Uptown Village Environmental Checklist Initial Study and Mitigated Negative Declaration 22 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? 16. Transportation / Traffic Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? 17. Utilities and Service Systems Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Environmental Checklist Michael Brandman Associates 23 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Environmental Issues Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? 18. Mandatory Findings of Significance a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. City of Anaheim - Uptown Village Environmental Checklist Initial Study and Mitigated Negative Declaration 24 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Geology / Soils Greenhouse Gas Emissions Hazards / Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation / Traffic Utilities / Services Systems Mandatory Findings of Significance As shown above, there are no environmental factors that would have a potential significant impact after the implementation of the recommended Mitigation Measures. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Environmental Checklist Michael Brandman Associates 25 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Environmental Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measure based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 27 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc SECTION 3: DISCUSSION OF ENVIRONMENTAL EVALUATION 1. Aesthetics Would the project: a) Have a substantial adverse effect on a scenic vista? No Impact. The Anaheim General Plan Green Element identifies the Hill and Canyon Area of the City, as well as the Santa Ana Mountains, as visually important amenities. These visually important elements are located over five miles east of the project site. In addition, golf courses and the Santa Ana River are identified as also providing visual relief from the built environment and are important visual amenities and landmarks. In relation to the project site, the nearest golf course, the Dad Miller Golf Course (430 North Gilbert Street), is located approximately 2.7 miles to the west, while the Santa Ana River is located approximately 2.8 miles to the east. Due to the substantial distances between the aforementioned visual amenities and the relatively consistent flat topography of the general project area, none of the visual resources identified by the Green Element are visible from the project site or surrounding land uses. Despite the proposed four-story elevation of the proposed project, the multi-use residential building would not impede or effect views of scenic vistas, as there are none visible from the immediate project area. Therefore, no impacts associated with scenic vistas would occur. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic building within a state scenic highway? No Impact. According to the City of Anaheim General Plan, SR-91 (Riverside Freeway), between SR-55 (Costa Mesa Freeway) and Weir Canyon Road is officially designated as a State Scenic Highway. This segment of SR-91 is located approximately five miles east of the project site. As such, the project site is not within the viewshed of this portion of SR-91. No other roadways or highways within the City of Anaheim are designated by the State as Scenic Highways. Therefore, no impacts associated with State Scenic Highways would occur. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Significant Impact. In its existing condition, the project site consists of a vacant 25,000 sq ft commercial building and an associated parking lot. The City of Anaheim General Plan currently designates the project site as “Mixed Use.” Although the project site is presently zoned either General Commercial (C-G) or Transitional (T), the approval process for the proposed project would include a zoning change to Mixed Use (MU) Overlay Zone as well. Additionally, according to the General Plan Land Use Element, the project site is located within both the Anaheim Colony, which is bordered by the original boundaries of the City (North, South, East and West Streets), and Downtown City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 28 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc areas of the City. As such, development on the project site must comply with both the 1999 Anaheim Colony Historic District Preservation Plan and the 2003 Anaheim Colony Vision, Principles and Design Guidelines, as well as the provision contained within the General Plan and Zoning Code. Per the General Plan Land Use Element, the City’s Land Use Plan encourages the introduction of mixed use development into the Downtown core and the transition of older industrial areas to residential neighborhoods. The Community Design Element includes provisions specifically tailored to Mixed Use Development, including the following goals and policies: Goal 8.1 Anaheim’s mixed use areas are attractively designed, pedestrian-friendly, easily accessible, and contain a proper blend of commercial retail, office, and residential uses. Policies: 1) Encourage design flexibility in mixed-use development by allowing both a vertical and/or horizontal mix of uses. 2) In vertical mixed-use, site retail or office uses on the ground floor, with residential and/or office uses above. 3) Encourage architecture that divides individual buildings into a base, middle and top (i.e., second story and higher density residential uses could incorporate different window treatment, architectural detailing, colors, balconies, and bays). For two-story buildings, ground floor retail uses should be distinguished from second story façades, with both containing rich surface articulation. Rooflines should have a finished look with cornices, parapets or other finishing details. 4) Locate commercial/retail uses near the sidewalk to provide high visibility from the street. 5) Design development with the pedestrian in mind by including wide sidewalks, canopy street trees, sitting areas and clearly defined pedestrian routes. 6) With large-scale mixed-use development, orient the tallest portions of the buildings towards the center of the site and ensure that the height of the buildings at the periphery are compatible with adjacent development. 7) Minimize the visual impact of surface parking by providing either parking structures, rear- or side-street parking with effective landscape buffering. 8) Segregate residential parking from commercial and office parking. 9) Locate mixed-use development in areas of high visibility and accessibility, and along streets that balance vehicular and pedestrian traffic. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 29 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 10) Strategically locate potentially disruptive retail uses such as nightclubs or bars to avoid future conflicts with adjacent residential uses. 11) Provide each residential use with its own private space (such as balconies, patios or terraces) and larger communal spaces such as lobbies, central gardens or courtyards. 12) Where possible, underground or screen utilities and utility equipment or locate and size them to be as inconspicuous as possible. The Anaheim Colony Historic District Preservation Plan establishes guidelines for new residential construction (new commercial or mixed-use construction standards were not addressed) within the Anaheim Colony area, including the following: Those considering new residential construction within the District should refer to the City of Anaheim Residential Design Guidelines. The basic elements of the guidelines include the following. New houses within the district must assert their identity in harmony with that of their street and neighborhood. Site planning new construction in the context of infill projects requires special attention to four primary issues: 1) The design of infill architecture should be compatible in such elements as style, height, proportion, and materials of surrounding neighborhoods. 2) The relationship of houses to each other, to the surrounding open spaces, and to the street. 3) The functional and aesthetic design of open space. 4) The distribution, layout, and character of parking. Included among these are variables such as circulation, access, security, convenience, and recreation which provide for full enjoyment of a dwelling. The Anaheim Colony Vision, Principles and Design Guidelines builds upon the Anaheim Colony Historic District Preservation Plan, creating architecture guidelines in addition to those design standards previously established. Guidelines address residential and commercial individually, and standards associated with mixed use projects are not specifically outlined: Residential 1) Desired building materials consist primarily of wood, brick, terra cotta, river rock, stone, and plaster. Stucco over wood detracts from historic character of homes. Natural materials rather than manufactured substitutes should be used. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 30 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 2) Front fences along the public street are discouraged because they interrupt the continuous green space provided by front lawns. Commercial 1. Uniform parkways with evenly spaced street trees and streetlights provide visual consistency and are compatible with the historic character of certain sections of the Colony. 2. In areas transitioning to residential uses, parkways consistent with the historic scale and design patterns are encouraged. 3. In areas of interface between contrasting land uses or buildings of different scale, special attention should be given to buffering or softening the impact of adjacent property uses. A review of the exterior designs for the proposed project (Exhibit 5) indicates that the project would be consistent with all applicable provisions contained within the City’s General Plan and Zoning Code, the Anaheim Colony Historic District Preservation Plan, and the Anaheim Colony Vision, Principles and Design Guidelines. The proposed building façades would include varying surfaces constructed of differing materials, including substantial use of brick, with a varying, yet complimentary paint scheme. A collection of architectural details and window designs would be used to divide and distinguish different levels and sections of the building. The roofline and upper façades of the building would vary and contain distinctive details and elevations. Overall, the proposed project’s exterior design would be consistent with the existing applicable provisions in the Anaheim Colony and Downtown areas, as well as with similar existing developments within the project area. The proposed project would aesthetically improve upon the existing blighted condition of the project site by removing a vacant commercial building and an associated parking lot and replacing these uses with a mixed use development that would help develop and maintain the visual character of Anaheim Colony and Downtown areas. Therefore, impacts associated with the existing visual character would be less than significant. 00550033 • 04/2012 | 5_concept_des_draw.cdr Exhibit 5 Conceptual Design Drawings Michael Brandman Associates CITY OF ANAHEIM • UPTOWN VILLAGE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Source: KHR Associates, 2012. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 33 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less Than Significant Impact. The following discusses both light and glare impacts associated with the proposed project. Lighting Section 18.32.130.050 of the City of Anaheim Municipal Code establishes exterior lighting standards for Mixed Use Zones, which states, “Outdoor lighting associated with commercial uses shall not adversely impact surrounding residential uses, but shall provide sufficient illumination for access and security purposes. Such lighting shall not blink, flash, oscillate, or be of unusually high intensity or brightness (Ord. 5920 § 1 (part); June 8, 2004).” All exterior lighting associated with the proposed project would comply with these provisions. To avoid fugitive light impacts, exterior lighting would be shielded and directed away from any potentially sensitive receptors, including onsite residential uses and all offsite uses. Additionally, due to the inclusion of the parking garage within the proposed building, lighting impacts traditionally associated with parking facilities (e.g., light standards, vehicle headlights) would be contained within the interior of the building and would not affect nearby sensitive receptors. Glare The proposed project would include a combination of reflective (e.g., windows) and non-reflective (e.g., bricks) materials along the exterior façades. Glare impacts would be primarily contained to the use of windows outside of the residential and commercial units. The majority of these windows, however, would be recessed and may be only partially exposed to sunlight. Glare impacts from the recessed windows would be less than significant. The proposed project also includes surface parking areas. These areas may result in nominal glare associated with windshields and metallic vehicle surfaces. However, glare impacts from vehicles would be intermittent and would be less than significant, City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 34 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 2. Agriculture and Forestry Resources In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The project site is located within a predominantly urbanized area. According to California Department of Conservation’s 2010 Orange County Important Farmland map (California Department of Conservation 2011), the project site is not located on or adjacent to Prime Farmland, Unique Farmland, Farmland of Statewide Importance, or any other lands identified by the State or the City for agricultural use. The nearest parcel identified as Unique Farmland occurs approximately 2.35 miles southwest of the project site, along the Union Pacific railroad tracks and Euclid Street. Due to the relatively large distance between the project site and the closest Unique Farmland, development of the proposed project would not convert or otherwise impact any agricultural operations occurring at this location. Therefore, no impacts associated with conversion of Important Farmland would occur. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The project site is located within a largely urbanized setting. According to the California Department of Conservation’s 2004 Williamson Act Parcels map (California Department of Conservation 2004), the project site is not located on or adjacent to lands under a Williamson Act contract. The closest parcel identified as under a Williamson Act contract occurs approximately 8.75 miles southeast of the project site in the unincorporated area of North Tustin. Due to the large distance between the project site and the nearest Williamson Act contract parcel, development of the proposed project would not conflict with these Williamson Act contract lands or otherwise impact existing zoning for any other agricultural uses. Therefore, no impacts associated with Williamson Act contract lands and agricultural zoning would occur. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 35 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The project site is located within a predominantly urbanized area. The project site is not located on or adjacent to forestland, timberland, or timberland zoned Timberland Production. The nearest forested area to the project site is the Cleveland National Forest, which occurs approximately 10 miles east of the site. As such, development of the proposed project would not conflict with existing zoning for or cause rezoning of any forest land or timberland. Therefore, no impacts associated with forestland and timberland zoning would occur. d) Result in the loss of forestland or conversion of forest land to non-forest use? No Impact. The project site is located within a largely urban setting. The project site is not located on or adjacent to forestland. The nearest forested area to the project site is the Cleveland National Forest, which occurs approximately 10 miles east of the site. As such, development of the proposed project would not impact forestland. Therefore, no impacts associated with the loss of or conversion of forest land would occur. e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forestland to non-forest use? No Impact. As previously discussed, the project site is not located on or adjacent to any lands identified either by the State or by the City of Anaheim as Farmland or forestland. The proposed project would not include any improvements that, due to their location or nature, would result in conversion of Farmland or forestland uses. Therefore, no impacts associated with the conversion of Farmland or forestland would occur. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 36 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 3. Air Quality Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant With Mitigation Incorporated. According to the 1993 South Coast Air Quality Management District (SCAQMD) Handbook, there are two key indicators of consistency with the Air Quality Management Plan (AQMP): 1. Indicator: Whether the project will not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP. Project applicability: applicable and assessed below. 2. Indicator: A project would conflict with the AQMP if it will exceed the assumptions in the AQMP in 2010 or increments based on the year of project buildout and phase. The Handbook indicates that key assumptions to use in this analysis are population number and location and a regional housing needs assessment. The parcel-based land use and growth assumptions and inputs used in the Regional Transportation Model run by the Southern California Association of Governments that generated the mobile inventory used by the SCAQMD for AQMP are not available. Therefore, this indicator is not applicable. Project applicability: not applicable. In addition to first indicator, consistency with the AQMP would also be determined based on whether the proposed project would comply with applicable control measures, rules, and regulations, as discussed below. Project’s Contribution to Air Quality Violations According to the SCAQMD, the proposed project would be consistent with the AQMP if the project would not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay timely attainment of air quality standards or the interim emission reductions specified in the AQMP. As discussed in Section 3b), the proposed project could potentially violate an air quality standard or contribute substantially to an existing or projected air quality violation. However, implementation of Mitigation Measures AQ-1 and AQ-2 would reduce associated impacts to less than significant. If project emissions exceed the SCAQMD regional thresholds for NOX, VOC, PM10, or PM2.5, it follows that the emissions could contribute to a cumulative exceedance of a pollutant for which the City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 37 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Air Basin is in nonattainment (ozone, nitrogen dioxide, PM10, PM2.5) at a monitoring station in the Basin. An exceedance of a nonattainment pollutant at a monitoring station would not be consistent with the goals of the AQMP, which are to achieve attainment of pollutants. As discussed in Section 3c), the proposed project would not exceed the regional significance thresholds. Therefore, the proposed project would not contribute towards a cumulatively considerable regional air quality violation impact. Control Measures The second indicator of whether the proposed project would conflict with or obstruct implementation of the air quality plan is assessing the project’s compliance with the control measures in the 2003 and the 2007 AQMPs. The 2003 AQMP contains a number of land use and transportation control measures, including the following: the District’s Stationary and Mobile Source Control Measures; State Control Measures proposed by the Air Resources Board (ARB); and Transportation Control Measures provided by Southern California Association of Governments (SCAG). ARB’s strategy for reducing mobile source emissions include the following approaches: new engine standards; reduce emissions from in- use fleet; require clean fuels; support alternative fuels and reduce petroleum dependency; work with the Environmental Protection Agency (EPA) to reduce emissions from national and State sources; and pursue long-term advanced technology measures. Transportation control measures provided by SCAG include those contained in their Regional Transportation Plans (RTPs), the most current version of which is the 2008 RTP. The RTP contains control measures to reduce emissions from on- road sources by incorporating strategies such as high occupancy vehicle interventions, transit, and information-based technology interventions. The proposed project would comply indirectly with the control measures set by ARB and SCAG. The primary focus of the 2007 AQMP is to demonstrate attainment of the federal PM2.5 ambient air quality standard by 2015 and the federal 8-hour ozone standard by 2024, while making expeditious progress toward attainment of State standards. The proposed strategy, however, does not attain the previous federal 1-hour ozone standard by 2010 as previously required prior to the recent change in federal regulations. This is to be accomplished by building upon improvements from the previous plans and incorporating all feasible control measures while balancing costs and socioeconomic impacts. The 2007 AQMP indicates that PM2.5 is formed mainly by secondary reactions or sources. Therefore, instead of reducing fugitive dust, the strategy for reducing PM2.5 focuses on reducing precursor emissions including SOX, NOX, and VOC. The Final 2007 AQMP control measures consist of four components. The first component is SCAQMD’s Stationary and Mobile Source Control Measures. The Final 2007 AQMP includes 30 short-term and mid-term stationary and seven mobile source control measures for SCAQMD implementation. A complete listing of the measures is contained in the 2007 AQMP and includes measures such as VOC reductions from gasoline transfer and dispensing facilities, further NOX, City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 38 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc reductions from space heaters, localized control program for PM emission hot spots and urban heat islands, energy efficiency and conservation, etc. Some of the measures will become new rules, while some will become amendments to existing rules. When the rules pass, the proposed project would be required to comply with them. The second component is ARB’s Proposed State Strategy, which includes short- and mid-term control measures aimed at reducing emissions from sources that are primarily under State jurisdiction, including on-road and off-road mobile sources, and consumer products. These measures are required in order to achieve the remaining emission reductions necessary for PM2.5 attainment. ARB’s strategy includes measures such as improvements to California’s Smog Check Program, expanded passenger vehicle retirement, cleaner in-use heavy-duty trucks, reductions from port related sources, cleaner off-road equipment, evaporative and exhaust strategies, pesticide strategies, etc. When these measures are implemented by ARB, the proposed project would be required to comply with them. The third component is SCAQMD Staff’s Proposed Policy Options to Supplement ARB’s Control Strategy. SCAQMD staff believe that a combination of regulatory actions and public funding is the most effective means of achieving emission reductions. As such, the 2007 Final AQMP proposes three policy options for the decision makers to consider in achieving additional reductions. The first option is to incorporate the SCAQMD proposed additional control measures as a menu of selections further reducing emissions from sources primarily under state and national jurisdiction. The second option is to have the State fulfill its NOX emission reduction obligations under the 2003 AQMP by 2010 for its short-term defined control measures plus additional reductions needed to meet the NO X emission target between 2010 and 2014. The third option is based on the same rate of progress under the first policy option, but relies heavily on public funding assistance to achieve the needed NOX reductions via accelerated fleet turnover to post-2010 on-road emission standards or the cleanest off- road engine standards in effect today or after 2010. This strategy does not apply to the proposed project. The fourth component consists of Regional Transportation Strategy and Control Measures provided by SCAG. Transportation plans within the Air Basin are statutorily required to conform to air quality plans in the region, as established by the 1990 Federal Clean Air Act and reinforced by other subsequent applicable acts. The region must demonstrate that its transportation plans and programs conform to the mandate to meet the federal ambient air quality standards in a timely manner. The RTP, prepared by SCAG, is developed every 4 years with a 20-year planning horizon to meet the long-term transportation planning requirements for emission reductions from on-road mobile sources within the Air Basin. The biennial Regional Transportation Improvement Program requires that the short-term implementation requirements of the Transportation Conformity Rule are met by SCAG. The first 2 years of the program are fiscally constrained and demonstrate timely implementation of a special category of transportation projects called Transportation Control Measures. In general, Transportation Control Measures are those projects that provide emission reductions from on-road mobile sources, based on changes in the patterns and modes by which the regional transportation City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 39 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc system is used. Strategies are grouped into three categories: high occupancy vehicle strategy, transit and systems management, and information-based technology (traveling during a less congested time of day). SCAG approved the transportation measures in the RTP, which have been included in the region’s air quality plans. The Transportation Control Measures would be implemented and would subsequently reduce emissions in the Air Basin. The proposed project would comply with all applicable rules and regulations. Applicable SCAQMD rules include: • SCAQMD Rule 402 prohibits a person from discharging from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. • SCAQMD Rule 403 governs emissions of fugitive dust during construction and operation activities. The rule requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. In addition, SCAQMD Rule 403 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off site. Compliance with this rule is achieved through application of standard Best Management Practices, such as application of water or chemical stabilizers to disturbed soils, covering haul vehicles, restricting vehicle speeds on unpaved roads to 15 miles per hour, sweeping loose dirt from paved site access roadways, cessation of construction activity when winds exceed 25 mph, and establishing a permanent ground cover on finished sites. • SCAQMD Rule 445 prohibits permanently installed wood burning devices into any new development. A wood burning device means any fireplace, wood burning heater, or pellet- fueled wood heater, or any similarly enclosed, permanently installed, indoor or outdoor device burning any solid fuel for aesthetic or space-heating purposes, which has a heat input of less than one million British thermal units per hour. • SCAQMD Rule 1108 governs the sale, use, and manufacturing of asphalt and limits the volatile organic compound (VOC) content in asphalt used in the South Coast Air Basin. This rule would regulate the VOC content of asphalt used during construction. Therefore, all asphalt used during construction of the project must comply with SCAQMD Rule 1108. • SCAQMD Rule 1113 governs the sale, use, and manufacturing of architectural coating and limits the VOC content in paints and paint solvents. This rule regulates the VOC content of paints available during construction. Therefore, all paints and solvents used during construction and operation of the project must comply with SCAQMD Rule 1113. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 40 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc • SCAQMD Rule 1143 governs the manufacture, sale, and use of paint thinners and solvents used in thinning of coating materials, cleaning of coating application equipment, and other solvent cleaning operations by limiting their VOC content. This rule regulates the VOC content of solvents used during construction. Solvents used during the construction phase must comply with this rule. • SCAQMD Rule 1415, Reduction of Refrigerant Emissions from Stationary Air Conditioning Systems. The SCAQMD originally adopted Rule 1415 to reduce ozone-depleting refrigerant emissions from stationary, non-residential air conditioning (comfort cooling) and refrigeration systems with full charge capacity of greater than 50 pounds, and using Class I and Class II refrigerants. Recently, the SCAQMD amended Rule 1415 to include high-global warming potential refrigerants. Further, the rule now applies only to air conditioning systems with full charge capacity of greater than 50 pounds of refrigerant. The incorporation of the SCAQMD Rules listed above as well as the incorporation of Mitigation Measures AQ-1 and AQ-2, impacts associated with the applicable air quality plans would be less than significant. MM AQ-1 During project construction, the developer shall require painting contractors to use only paints and coatings with no more than 100 grams/liter of volatile organic compound (VOC) for exterior applications and no more than 50 grams/liter of VOC for interior applications. For a list of low VOC paints, see Website: www.aqmd.gov/prdas/brochures/paintguide.html. MM AQ-2 During project construction, the developer shall require painting contractors to phase paints and coatings applications such that no more than 2.5 percent of project facilities are under active application on any one day. This measure results in an estimated 42-day architectural coatings phase. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Impact. Since criteria pollutants are pollutants with ambient air quality standards, analysis of this section is related to localized criteria pollutant impacts. Localized impacts could potentially exceed State or federal standards for ozone, PM10, PM2.5, or carbon monoxide. Two criteria are used to assess the significance of this section: (1) the localized construction analysis, and (2) the CO hot spot analysis. Construction Localized Significance Thresholds The SCAQMD Governing Board adopted a methodology for calculating localized air quality impacts through localized significance thresholds. Localized significance thresholds represent the maximum City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 41 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc emissions from a project that would not cause or contribute to an exceedance of the most stringent applicable State or federal ambient air quality standard. Localized significance thresholds were developed in recognition of the fact that the criteria pollutants CO, PM10, PM2.5, and NOX, an ozone precursor, can have local impacts at nearby sensitive receptors. Therefore, the SMAQMD has developed localized significance thresholds for each source receptor area for NOX, CO, PM10, and PM2.5. The SCAQMD has published their Fact Sheet for Applying CalEEMod to Localized Significance Thresholds. CalEEMod calculates construction emissions based on the number of equipment hours and the maximum daily disturbance activity possible for each piece of equipment. In order to compare CalEEMod reported emissions against the localized significance threshold lookup tables, the CEQA document should contain in its project design features or its mitigation measures the following parameters: 1) The off-road equipment list (including type of equipment, horsepower, and hours of operation) assumed for the day of construction activity with maximum emissions. 2) The maximum number of acres disturbed on the peak day. 3) Any emission control devices added onto off-road equipment. 4) Specific dust suppression techniques used on the day of construction activity with maximum emissions. The default CalEEmod construction equipment and activities were used in the analysis. No emissions control devices were added to the equipment. The default equipment list is provided in Table 1. Table 1: CalEEMod Construction Equipment Parameters Equipment Units Hours/Day Horsepower Horsepower- hours/day Demolition Phase Concrete/Industrial Saw 1 8 81 648 Excavators 3 8 157 3,768 Rubber Tired Dozers 2 8 358 5,728 Total Demolition horsepower hours/day 10,144 Site Preparation Phase Rubber Tired Dozers 3 8 358 8,592 Tractors/Loaders/Backhoes 4 8 75 2,400 Total Site Preparation horsepower hours/day 10,992 City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 42 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 1 (cont.): CalEEMod Construction Equipment Parameters Equipment Units Hours/Day Horsepower Horsepower- hours/day Site Grading Phase Excavators 1 8 157 1,256 Graders 1 8 162 1,296 Rubber Tired Dozers 1 8 358 2,864 Tractors/Loaders/Backhoes 3 8 75 1,800 Total Site Grading horsepower hours/day 7,216 Building Construction Phase Cranes 1 7 208 1,456 Forklifts 3 8 149 3,576 Generator Sets 1 8 84 672 Tractors/Loaders/Backhoes 3 7 75 1,575 Welders 1 8 46 368 Total Building Construction horsepower hours/day 7,647 Paving Phase Cement and Mortar Mixers 2 6 9 108 Pavers 1 8 89 712 Paving Equipment 2 6 82 984 Rollers 2 6 84 1,008 Tractors/Loaders/Backhoes 1 8 75 600 Total Paving horsepower hours/day 3,412 Notes: The SCAQMD’s guidance indicates that tractors, graders, and dozers would impact 0.5 acres/8-hr-day and scrapers would impact 1 acre per 8-hour day. Source: Michael Brandman Associates, 2012. Construction emissions were calculated using CalEEMod, with the default construction phasing and equipment list (provided in Table 1), except for the following modifications: • Demolition assumed removal of a 25,000 sq ft building within the default 20-day demolition phase; • Site Preparation Phase was extended from the default of 5 days to 20 days to account for removal of approximately 4 acres of pavement. At a depth of 1 foot of pavement removed, a total of 6,453 cubic yards was assumed to require hauling to an offsite facility. Truck haul capacity was assumed to be 20 cubic yards; City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 43 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc • Compliance with SCAQMD Rule 403, in particular, restricts the emissions of fugitive dust from construction projects, incorporated. These measures are accounted for in CalEEMod as “mitigation” because the model categorizes the measures as “mitigation,” even though they are technically not mitigation. The localized assessment methodology limits the emissions in the analysis to those generated from onsite activities. The onsite emissions during construction are compared with the localized significance thresholds and are provided in Table 2. Onsite construction emissions are from fugitive dust during grading and off-road diesel emissions. As provided in Table 2, unmitigated emissions during construction would not exceed the localized significance thresholds. The proposed project’s CalEEMod output is provided in Appendix A, Air Quality and Greenhouse Gas Emissions. Table 2: Localized Significance Analysis (Construction) Onsite Emissions (pounds per day) Onsite Activity NOX CO PM10 PM2.5 Demolition 70.71 42.55 3.74 3.50 Site Preparation 79.99 45.35 7.45 5.87 Grading 48.81 31.00 4.01 3.38 Building Construction 34.66 23.45 2.28 2.28 Paving 24.85 16.79 2.07 2.07 Architectural Coatings 2.77 1.92 0.24 0.24 Maximum Daily Emissions 79.99 45.35 7.45 5.87 Localized Significance Threshold 183 1,253 13 7 Exceed Threshold? No No No No Notes: Each of the above activities does not occur at the same time; therefore, the maximum daily emissions represent the maximum emissions that would occur in one day. Source of emissions: CalEEMod 2012, Appendix A. Source of thresholds: South Coast Air Quality Management District 2009, for Source Receptor Area 17, at a distance of 25 meters. The localized construction analysis demonstrates that the proposed project would not exceed the localized significance thresholds for CO, PM10, PM2.5, and NOX. Therefore, the project would not violate any air quality standard or contribute substantially to an existing or projected air quality violation during construction. Operational Carbon Monoxide Hotspots The proposed project may be considered significant if a CO hot spot intersection analysis determines that CO concentrations generated either directly or indirectly by the project cause a localized City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 44 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc violation of the State CO 1-hour standard of 20 ppm, State CO 8-hour standard of 9 ppm, federal CO 1-hour standard of 35 ppm, or federal CO 8-hour standard of 9 ppm. Localized high levels of carbon monoxide (CO hot spot) are associated with traffic congestion and idling or slow moving vehicles. To provide a worst-case scenario, CO concentrations are estimated at project-impacted intersections, where the concentrations would be the greatest. The SCAQMD recommends that a local CO hot spot analysis be conducted if the intersection meets one of the following criteria: 1) the intersection is at LOS D or worse and where the project increases the volume to capacity ratio by 2 percent, or 2) the project degrades LOS at an intersection from C to D. Using the CALINE4 model, a potential CO hot spot was analyzed at the intersection provided in Table 3. This intersection was chosen because it is projected to operate at LOS E or worse prior to the implementation of mitigation. There are several inputs to the CALINE4 model. One input is the traffic volumes, which is from the Traffic Impact Analysis (Appendix G) prepared for the proposed project. The traffic volumes with the proposed project were used for the buildout scenario, as well as emission factors generated using the EMFAC2007 model for the year 2015. As provided in Table 3, the estimated 1-hour and 8-hour average CO concentrations at buildout in combination with background concentrations are below the State and federal standards. No CO hot spots are anticipated due to emissions generated by project-related traffic in combination with other anticipated development in the area. Thus, the mobile emissions of CO from the proposed project are not anticipated to contribute substantially to an existing or projected air quality violation of CO. Therefore, the project would not violate any air quality standard or contribute substantially to an existing or projected air quality violation during operations. Table 3: Localized Carbon Monoxide Concentrations Estimated CO Concentration (ppm) Intersection Peak Hour 1 Hour 8 hour Significant Impact? (2) Anaheim Boulevard & Cypress Street PM 5.4 3.8 No Notes: The 1 hour concentration is the CALINE4 output (see Appendix A for model output) plus the 1 hour background concentration of 4.91 ppm (calculated by dividing the Anaheim-Pampas Lane ambient monitoring station 8-hour measurement of 3.44 ppm by 0.7 (persistence factor)). The 8-hour project increment was calculated by multiplying the 1 hour CALINE4 output by 0.7 (persistence factor), then adding the 8 hour background concentration of 3.44 ppm (from the Anaheim-Pampas Lane ambient monitoring station). A significant impact would occur if the estimated CO concentration is over the 1-hour state standard of 20 ppm or the 8- hour State/federal standard of 9 ppm. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 45 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? Less Than Significant With Mitigation Incorporated. The non-attainment pollutants of concern for this section are ozone, nitrogen dioxide, PM10 and PM2.5. Ozone is not emitted directly into the air, but is a regional pollutant formed by a photochemical reaction in the atmosphere. Ozone precursors, VOC and NOX, react in the atmosphere in the presence of sunlight to form ozone. Therefore, the SCAQMD does not have a recommended ozone threshold, but has regional thresholds of significance for project-emitted NOX and VOC. The SCAQMD has determined that a project-level exceedance of the thresholds provided in Table 4 would have significant adverse impact on the air quality in the Air Basin by jeopardizing the Basin’s attainment of the federal standards. Therefore, projects within the Air Basin with construction or operational emissions in excess of any of the thresholds provided in Table 4 are considered to have a significant regional air quality impact. Table 4: SCAQMD Mass Thresholds Pollutant Construction Related (lbs/day) Operational Related (lbs/day) Volatile organic compounds (VOC) 75 55 Nitrogen oxides (NOX) 100 55 CO 550 550 Sulfur oxides (SOX) 150 150 PM10 (Exhaust) 150 150 PM2.5 (Exhaust) 55 55 Notes: lbs/day = pounds per day Source: South Coast Air Quality Management District, 2011a. Construction Analysis Table 5 summarizes construction-related emissions (without mitigation). For the assumptions used in generating the emissions, please refer to Section 3b). The information provided in Table 5 indicates that the SCAQMD regional emission thresholds for VOC could potentially be exceeded during the architectural coatings phase. Therefore, without mitigation, the construction emissions are considered to have a potentially significant regional impact. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 46 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 5: Construction Air Pollutant Emissions Emissions (pounds per day) Source VOC NOX CO SOX PM10 PM2.5 Demolition Onsite 8.86 70.71 42.55 0.07 3.74 3.50 Demolition Offsite 0.44 3.42 3.05 0.00 3.05 0.18 Total Demolition 9.30 74.13 45.60 0.07 6.79 3.68 Site Prep Onsite 9.90 79.99 45.35 0.07 7.45 5.87 Site Prep Offsite 2.02 18.82 12.31 0.03 16.21 0.91 Total Site Prep 11.92 98.81 57.66 0.10 23.66 6.78 Grading Onsite 6.36 48.81 31.00 0.05 4.01 3.38 Grading Offsite 0.11 0.12 1.11 0.00 0.24 0.02 Total Grading 6.47 48.93 32.11 0.05 4.25 3.40 Building Onsite 5.17 34.66 23.45 0.04 2.28 2.28 Building Offsite 2.85 12.56 25.77 0.05 4.89 0.69 Total Building 8.02 47.22 49.22 0.09 7.17 2.97 Paving Onsite 4.06 24.85 16.79 0.03 2.07 2.07 Paving Offsite 0.14 0.14 1.36 0.00 0.32 0.02 Total Paving 4.20 24.99 18.15 0.03 2.39 2.09 Architectural Coating Onsite 380.64 2.77 1.92 0.00 0.24 0.24 Architectural Coating Offsite 0.34 0.35 3.40 0.01 0.79 0.06 Total Arch 380.98 3.12 5.32 0.01 1.03 0.30 Maximum Daily Emissions 380.98 98.81 57.66 0.10 23.66 6.78 Significance Threshold 75 100 550 150 150 55 Significant Impact? Yes No No No No No Notes: The maximum daily emissions refer to the maximum emissions that would occur in one day; it was assumed that the grading activities do not occur at the same time as the other construction activities; therefore, their emissions are not summed. VOC = volatile organic compounds NOX = nitrogen oxides CO = carbon monoxide SOX = sulfur oxides PM10 and PM2.5 = particulate matter Source: Appendix A: CalEEMod Output. Source of thresholds: South Coast Air Quality Management District 2011a. Mitigation to reduce the VOC content of interior and exterior applications, as well as phasing to reduce the amount of daily coatings applied, would reduce emissions to less than significant. Application of Mitigation Measures AQ-1 and AQ-2 would substantially reduce VOC emissions from onsite architectural coatings. Mitigated construction emissions are provided in Table 6. Therefore, with incorporation of Mitigation Measures, construction emissions would have a less than significant regional impact. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 47 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 6: Construction Air Pollutant Emissions (Mitigated) Emissions (pounds per day) Source VOC NOX CO SOX PM10 PM2.5 Architectural Coating Onsite 71.89 2.77 1.92 0.00 0.24 0.24 Architectural Coating Offsite 0.34 0.35 3.40 0.01 0.79 0.06 Maximum Daily Emissions 72.23 3.12 5.32 0.01 1.03 0.30 Significance Threshold 75 100 550 150 150 55 Significant Impact? No No No No No No Notes: The maximum daily emissions refer to the maximum emissions that would occur in one day; it was assumed that the grading activities do not occur at the same time as the other construction activities; therefore, their emissions are not summed. VOC = volatile organic compounds NOX = nitrogen oxides CO = carbon monoxide SOX = sulfur oxides PM10 and PM2.5 = particulate matter Source: Michael Brandman Associates, 2012 (Appendix A). Operational Analysis Operational emissions from sources generated both onsite and offsite as derived from CalEEMod are provided in Table 7 for the summer season. CalEEMod inputs included the land uses provided in Section 1.3, Project Description, for the year 2015. As provided in Table 7, the operational emissions do not exceed the SCAQMD’s regional thresholds and would generate a less than significant regional impact. Table 7: Operational Emissions Summer Emissions (pounds per day) Source VOC NOX CO SOX PM10 PM2.5 Area 11.60 0.22 18.74 0.00 0.37 0.36 Energy 0.08 0.68 0.29 0.00 0.05 0.05 Mobile 12.49 30.28 121.85 0.23 25.13 2.22 Total 24.17 31.18 140.88 0.23 25.55 2.63 Significance Threshold 55 55 550 150 150 55 Significant Impact? No No No No No No Notes: VOC = volatile organic compounds NOX = nitrogen oxides CO = carbon monoxide SOX = sulfur oxides PM10 and PM2.5 = particulate matter Source: Michael Brandman Associates, 2012 (Appendix A). City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 48 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. The proposed project would not expose sensitive receptors to substantial concentrations of asbestos, localized fugitive PM10, localized criteria pollutant concentrations, carbon monoxide, diesel particulate matter, or hazardous pollutants, as discussed below. Those who are sensitive to air pollution include children, the elderly, and persons with preexisting respiratory or cardiovascular illness. For purposes of CEQA, the SCAQMD considers a sensitive receptor to be a location where a sensitive individual could remain for 24 hours, such as residences, hospitals, or convalescent facilities. Commercial and industrial facilities are not included in the definition because employees do not typically remain onsite for 24 hours. However, when assessing the impact of pollutants with 1-hour or 8-hour standards (such as nitrogen dioxide and carbon monoxide), commercial and/or industrial facilities would be considered sensitive receptors for those purposes. The closest sensitive receptors are the existing residences located north of the project site. In addition, the proposed project would contain new sensitive receptors. Asbestos Asbestos is a fibrous mineral which is both naturally occurring in ultramafic rock (a rock type commonly found in California), and used as a processed component of building materials. Because asbestos has been proven to cause a number of disabling and fatal diseases, such as asbestosis and lung cancer, it is strictly regulated either based on its natural widespread occurrence, or in its use as a building material. The potential source of asbestos exposure for the proposed project is the demolition of the existing structure. The proposed project would involve some demolition activities. Thus, the proposed project is required to comply with SCAQMD Rule 1403 (Asbestos Emissions from Demolition/Renovation Activities). Specifically, SCAQMD Rule 1403 requires that a survey be completed for every structure that would be demolished to determine if the facility contains Regulated Asbestos Containing Material. In addition, a notification must be made to the SCAQMD at least 10 working days prior to commencement of demolition/renovation activities. The SCAQMD provides a form to use for notification. The purpose of the form is to verify compliance with or exemption from the asbestos notification requirements set forth by the National Emission Standards for Hazardous Air Pollutants. National Emission Standards for Hazardous Air Pollutants and SCAQMD Rule 1403 require that a thorough inspection for asbestos be conducted before any regulated facility is demolished or renovated. Inspections must include the collection and microscopic analysis of samples of all materials that might contain asbestos. Consultants who perform inspections must be certified by Cal- City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 49 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc OSHA, must have taken and passed an EPA-approved building course, and provide a written report containing the inspection results. If Regulated Asbestos Containing Materials are present, the applicant must follow the requirements for removal, disposal and administrative requirements contained in SCAQMD Rule 1403. Compliance with the aforementioned regulations would reduce the potential for exposure to asbestos containing material to less than significant. Carbon Monoxide The screening and analysis for the proposed project’s potential to contribute to a localized exceedance of State or federal CO standards is contained in Section 3b). As previously discussed, the proposed project would not significantly contribute to a local violation of the carbon monoxide standards. Therefore, the proposed project would not significantly contribute to exposure of sensitive receptors to unacceptable levels of carbon monoxide. Localized Significance Threshold Analysis The analysis for the proposed project’s potential to contribute to a localized exceedance of State or federal NO2, CO, PM10 and PM2.5 standards is contained in Section 3b). As previously discussed, the proposed project would not significantly contribute to a local violation of the standards. Therefore, the proposed project would not significantly contribute to exposure of sensitive receptors to unacceptable levels of NO2, CO, PM10 and PM2.5. Toxic Air Contaminants Two scenarios have the potential for exposing sensitive receptors to toxic air contaminants (TACs). The first occurs when a project includes a new or modified source of TACs and would be located near an existing or proposed sensitive receptor. The second scenario involves a residential or other sensitive receptor development locating near an existing or planned source of TACs. The proposed project would be considered a sensitive receptor. However, no significant sources of TACs are located near the project site. The proposed project would generate diesel exhaust, a source of diesel particulate matter, during project construction, and during operation from truck traffic. However, the proposed project would not create a significant impact from project construction, and the project is not considered a “source” site for TACs from project operation, as described below. Project Construction Equipment used during construction of the proposed project would emit diesel particulate matter, which is a carcinogen. However, the diesel particulate matter emissions are short-term in nature. Determination of risk from diesel particulate matter is considered over a 70-year exposure time. Guidance published by the California Air Pollution Control Officers Association, Health Risk Assessments for Proposed Land Use Projects, does not include guidance for health risks from construction projects addressed in CEQA; risks near construction projects are expected to be included later when the toxic emissions from construction activities are better understood. Additionally, the nearest sensitive receptors are located approximately 50 feet from the project site. Therefore, City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 50 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc considering the dispersion of the emissions and the short time frame, exposure to diesel particulate matter would be considered less than significant. Project Operations The ARB Air Quality and Land Use Handbook contains recommendations that would “help keep California’s children and other vulnerable populations out of harm’s way with respect to nearby sources of air pollution,” including recommendations for distances between sensitive receptors and certain land uses. These recommendations are assessed as follows. • Heavily traveled roads. ARB recommends avoiding new sensitive land uses within 500 feet of a freeway, urban roads with 100,000 vehicles per day, or rural roads with 50,000 vehicles per day. Epidemiological studies indicate that the distance from the roadway and truck traffic densities were key factors in the correlation of health effects, particularly in children. Roads assessed in the traffic study are not anticipated to exceed a volume of 30,000 vehicles per day in the future with project scenario. The highest design capacity of adjacent urban roadways is 56,300 (major arterials). Therefore, adjacent roadways would not generate a significant TACs impact to the proposed project. • Distribution centers. ARB also recommends avoiding the siting of new sensitive land uses within 1,000 feet of a distribution center. There are no distribution centers within one-quarter mile of the project site. • Fueling stations. ARB recommends avoiding new sensitive land uses within 300 feet of a large fueling station (a facility with a throughput of 3.6 million gallons per year or greater). A 50-foot separation is recommended for typical gas dispensing facilities. There are no fueling stations within 300 feet of the project site. • Dry cleaning operations. ARB recommends avoiding the siting of new sensitive land uses within 300 feet of any dry cleaning operation that uses perchloroethylene. For operations with two or more machines, ARB recommends a buffer of 500 feet. For operations with three or more machines, ARB recommends consultation with the local air district. There are no dry cleaning facilities within 300 feet of the project site. Therefore, operation of the proposed project would result in a less than significant TACs impact to sensitive receptors. e) Create objectionable odors affecting a substantial number of people? Less Than Significant Impact. Odors are generally regarded as an annoyance rather than a health hazard. People may have different reactions to the same odor. An odor that is offensive to one person may be acceptable to another (e.g., coffee roaster). An unfamiliar odor is more easily detected and is more likely to cause complaints than a familiar one. Known as odor fatigue, a person can City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 51 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc become desensitized to almost any odor and recognition only occurs with an alteration in the intensity of the odor. The SCAQMD recommends that odor impacts be addressed in a qualitative manner. Such an analysis shall determine whether the project would result in excessive nuisance odors, as defined under the California Code of Regulations and Section 41700 of the California Health and Safety Code, and thus would constitute a public nuisance related to air quality. Diesel exhaust and VOCs would be emitted during construction of the proposed project, which are objectionable to some. However, emissions would disperse rapidly from the project site, and thus, should not reach an objectionable level at the nearest sensitive receptors. Typical sources of objectionable odors include agricultural operations (e.g., dairies, feedlots, etc.), landfills, wastewater treatment plants, refineries, and other types of industrial land uses. The proposed project does not contain land uses typically associated with emitting objectionable odors. However, the proposed project would involve the construction of new sensitive receptors. There are no typical sources of objectionable odors located within one mile of the project site. Therefore, impacts associated with the creation of objectionable odors would be less than significant. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 52 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 4. Biological Resources Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. The project site is located within a predominantly urbanized area and consists of a vacant 25,000 sq ft commercial building, an associated parking lot, and ornamental trees and landscaping. In its existing condition, the ornamental vegetation does not constitute natural, native habitat. The highly disturbed nature of the project site and the surrounding urbanized area creates an unsuitable environment for any plant or wildlife species identified as a candidate, sensitive, or special status species. Due to the previous development of the project site and the complete lack of native habitat, sensitive plant or wildlife species are not expected to occur on the project site. Therefore, no impacts associated with candidate, sensitive, or special status species would occur. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact. No riparian habitat or other sensitive natural communities occurs on or adjacent to the project site. Riparian habitats are associated with rivers, stream, or other natural drainages, while sensitive natural communities are associated with rare plant communities and/or plant communities that provide habitat for a candidate, sensitive, or special status species. The project site contains no river, stream, or similar natural drainages indicative of riparian habitats, and due to the highly disturbed nature of the project site and the surrounding urbanized area, no rare plant communities or plant communities that provide habitat for sensitive species occur on the project site. Therefore, no impacts associated with riparian habitat or other sensitive natural communities would occur. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. According to United States Fish and Wildlife Service (USFWS), wetlands are lands transitional between terrestrial and aquatic systems where the water table is at or near the surface or the land is covered by shallow water. For purposes of this classification, wetlands must have one or more of the following three attributes: (1) at least periodically, the land supports hydrophytes, (2) the substrate is predominantly undrained hydric soil, and (3) the substrate is non-soil and is saturated with water or covered by shallow water at some time during the growing season of each year. None of City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 53 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc these attributes are found on the project site, and as such, wetlands do not occur on the site. Therefore, no impacts associated with federally protected wetlands would occur. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? No Impact. The project site is located within a predominantly urbanized area. Due to the highly disturbed nature of the project site and the surrounding urbanized area, no habitat that could potentially support significant wildlife species occurs adjacent to the project site, and as such, the site is not currently used as a wildlife corridor. Moreover, as a result of both the existing development and the lack of suitable habitat found throughout the surrounding project area, the project site does not presently serve as a wildlife nursery site. Therefore, no impacts associated with wildlife corridors and nursery sites would occur. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less Than Significant Impact. Chapter 13.12 of the City of Anaheim Municipal Code addresses the protection, maintenance, removal, and replacement of street trees located within the City’s right-of- way. While approximately 40 landscape trees would be removed from around the existing onsite buildings and parking lots, construction of the proposed project is not anticipated to affect street trees located in the public right-of-way adjacent to the eastern boundary of the project site along Anaheim Boulevard and the southern boundary along Lincoln Avenue. Any street tree necessitating removal would be removed only after consultation with the Director of Community Services or his or her designee, as outlined in Chapter 13.12 of the City’s Municipal Code. Any street tree requiring removal would be replaced according with Section 13.12.060, Street Tree Replacement Plan, of the Municipal Code. By following the existing City regulations contained with Chapter 13.12, the proposed project would comply with the City’s street tree policy and associated ordinances. Therefore, impacts associated with policies and ordinances protecting biological resources would be less than significant. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The project site is not located within the boundary of any Habitat Conservation Plan, Natural Community Conservation Plan, or any other approved habitat conservation plan. According to the City of Anaheim General Plan Green Element, a portion of the City generally south of SR-91 and east of SR-55 falls within the Orange County Central-Coast Sub-regional Natural Communities City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 54 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Conservation Plan (NCCP). This portion of the City is located approximately five miles east of the project site. Therefore, no impacts associated with conflicts with conservation plans would occur. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 55 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 5. Cultural Resources The following is based in part on the April 2, 2012 Phase I Cultural Resources Assessment prepared for the proposed project by Michael Brandman Associates (Appendix B). Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? Less Than Significant Impact. Existing Onsite Building The subject property, the AT&T building, located at 200 N. Lemon Avenue was constructed circa 1956. The property was assessed for historic and architectural significance by Architectural Historian Kathleen A. Crawford, M.A., in March 2012. Ms. Crawford meets the Secretary of the Interior’s Standards for Architectural Historian. The Phase I Cultural Resources Assessment (Appendix B) determined that the existing onsite building is not located in a cohesive neighborhood and is not otherwise associated with any important historical or cultural events or individuals. Design of the building was the work of a master architectural firm, Parkinson and Parkinson. The building, however, is not a good example of Parkinson and Parkinson overall body of work. It is not of a significant design and does not embody characteristics of a significant type, period, or method of construction. The property also does not have the potential to yield, or may be likely to yield, information important to prehistory or history. The building is not a historic property under Section 106 of the Nation Historic Preservation Act, because it is not eligible for any of the National Register Criterion. The recommended California Historical Resource Status Code for the building was determined to be 6Z: Determined ineligible for National Register, California Register, or Local designation through survey evaluation. Anaheim Colony Historic District The proposed project would replace the existing onsite building with a mixed use residential and retail development. The project site is located within the Anaheim Colony Historic District, which includes buildings already listed on the National Register of Historic Places, as well as structures that have been determined to be eligible for listing on the National Register, but have not been formally designated at this time. One National Register-listed property, the Samuel Kraemer Building (circa 1925), a former bank building, is located on Claudina Street within the viewshed of the project site. The proposed design of the Uptown Village project has borrowed stylistic elements from this historic building, creating a compatibility of design concepts across the viewshed. The design of the complex borrows window and façade detailing to create a visual link with a prominent building in the Anaheim Colony Historic City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 56 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc District, displaying a sensitivity to the overall historic character of the neighborhood. In addition, a small Victorian era church is located on the corner of Claudina Street and Cypress Street within the viewshed of the project site. The church has been determined to be eligible for listing on the National Register, but has not been formally designated at this time. The Phase I Cultural Resources Assessment determined that the church, the Samuel Kraemer Building, or any others historic or potentially historic property in the surrounding area would be affected by the proposed project. The neighborhood has undergone steady change for the last one-hundred years as the early Anaheim Colony community was developed from its original farming/agricultural origins to a more settled urban area. During the 1910s and 1920s, numerous one- and two-story Craftsman-style homes were built, new businesses were constructed to serve the growing community, and gradually the farms and orchards were absorbed into the urban landscape. By 1925, the five-story Samuel Kraemer Building had been constructed as one of the first “high-rise” commercial buildings in Anaheim. The building has been a prominent landmark in the city since its construction. Other mid- and high-rise buildings followed in the subsequent decades while the City of Anaheim’s core business area expanded, and more residential buildings in the popular styles of the succeeding decades—Spanish Eclectic, Tudor Revival, Modern Minimal Traditional, Modern Ranch, and other variants—were constructed to house the City’s growing population. During the last fifty years, with the construction of Disneyland and various sports/entertainment venues, the City’s building stock was altered by the addition of new modern style structures. The project area has changed substantially as numerous residences were removed over the decades to accommodate new commercial and light industrial uses. The construction of the AT&T buildings on N. Lemon Avenue serve as good examples of the removal of the early homes from the early decades of the twentieth century to accommodate new development during the 1950s and early 1960s. This process has continued as strip malls, large commercial centers, a new City Hall, new banks, and a wide range of commercial and business uses have changed the viewscape substantially over the last four decades. The entire setting has been considerably altered with the removal of many of the historic elements and their replacement with modern style commercial and/or multifamily residential buildings. The scale of the area has also been altered by the introduction of large-scale buildings with substantive mass and expansive footprints on the urban landscape. The proposed project has been designed to incorporate the existing historic elements found in the surrounding area and to respect the area’s historical heritage. The inclusion of the proposed project in the neighborhood would not have a significant impact on the historic buildings within the viewshed due to the extensive alterations that have already substantially altered the viewshed. The changes in mass and scale already present in the neighborhood would not be affected by the proposed project. Therefore, impacts associated with both the existing onsite AT& T buildings and the surrounding Anaheim Colony Historic District would be less than significant. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 57 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Project Site In August 2012, a blog post by O.C. History Roundup regarding Anaheim’s Chinatown stated that the project site is located in an area that was previously occupied by Chinatown. Based on a review of historical records including inventories of the National Register of Historic Places (NRHP), the California Register of Historical Resources (CR), the California Historical Landmarks (CHL) list, the California Points of Historical Interest (CPHI) list, the California State Historic Resources Inventory (HRI), and archival maps for the County and the City, there was no evidence of previously documented local historical resources on the project site. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Less Than Significant With Mitigation Incorporated. Based on an archaeological resources records search, there are no previously recorded prehistoric sites that are located within 0.5 mile from the project site. In addition, a pedestrian field survey by an MBA archaeologist found no evidence of prehistoric resources. According to the City of Anaheim General Plan EIR prepared in 2004, there was one substantial prehistoric cultural resource site (CA-Ora-303) that was recorded in 1970 and listed a collection of small rock shelters adjacent to SR-91. The artifact assemblage found at this site was comprised of manos, hammerstones, choppers, lithic flakes, and some faunal bone. In general, archaeological sites are often located along creek areas, ridgelines, and vistas. Many of these types of landforms are located within the Hill and Canyon Area of the City and its Sphere of Influence. The project site is located outside of the Hill and Canyon Area of the City of Anaheim. Based on a field survey and records search, the project site has been previously disturbed as a result of previous development and is unlikely that construction activities would unearth any previously unknown buried archaeological resources. However, it is always possible that grading, excavation, and other similar ground-disturbing activities during construction of the proposed project could potentially uncover buried archaeological resources. To avoid significant impacts, Mitigation Measures CR-1 through CR-4 shall be implemented in the event that buried cultural resources are discovered during construction activities. MM CR-1 In the event that buried cultural resources are discovered during construction, operations shall stop in the immediate vicinity of the find and a qualified archaeologist shall be consulted to determine whether the resource requires further study. The qualified archaeologist shall make recommendations to the Lead Agency on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with §15064.5 of the CEQA Guidelines. Cultural resources could consist of, but are not limited to, stone artifacts, bone, wood, shell, or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the Project Area should be recorded on City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 58 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc appropriate Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA criteria. MM CR-2 If the resources are determined to be unique historic resources as defined under §15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. MM CR-3 No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the Lead Agency where they would be afforded long-term preservation to allow future scientific study. MM CR-4 In addition, reasonable efforts to avoid, minimize, or mitigate adverse effects to the property will be taken and the State Historic Preservation Officer (SHPO) and Native American tribes with concerns about the property, as well as the Advisory Council on Historic Preservation (ACHP) will be notified within 48 hours in compliance with 36 CFR 800.13(b)(3). c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant With Mitigation Incorporated. Paleontological sites are those areas that show evidence of pre-human activity. Often they are simply small outcroppings visible on the surface or sites encountered during ground-disturbing activities. While the sites are important indications, it is the geologic formations that are the most important since they may contain important fossils. Because most of the City of Anaheim is built out, there are few areas containing rock outcroppings. The Hill and Canyon Area contains sedimentary rocks ranging in age from Late Cretaceous to Middle Miocene. The oldest sedimentary rocks belong to the upper Cretaceous Holz Shale and the Schulz Ranch Member of the Williams Formation. Other formations of potential paleontological importance in the area include the Silverado, Santiago, Sespe, and Topanga Formations. The age of these formations places them in an important time in the evolutionary history of both terrestrial vertebrate mammals and marine invertebrate species. For this reason, these formations are considered to have moderate or high paleontological sensitivity. The project site is located outside of the Hill and Canyon Area of the City of Anaheim and away from these formations. The project site has been previously disturbed as a result of previous development. However, the project site is within the ancient floodplain of the Santa Ana River and Pleistocene deposits can potentially be encountered at depth. As such, impacts to significant paleontological resources in undisturbed surface or subsurface Pleistocene sediments is considered moderate. To City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 59 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc avoid significant impacts Mitigation Measures CR-5 through CR-8 shall be implemented during the construction phase of the proposed project. MM CR-5 Monitoring of excavation in areas identified as likely to contain paleontologic resources by a qualified paleontologic monitor is required under limited conditions. Monitoring must take place once 6 feet of modern grade has been reached during any earthmoving work. The mitigation measures must be discussed with the Proponent and/or his contracted representatives during a pre-grade meeting attended by City staff. Should the City-approved Paleontologist determine that potential impacts to fossil resources have been reduced to “low” as a result of the monitoring efforts, the Paleontologist may cease the monitoring program before earthmoving has concluded. A monitoring report must be generated and submitted to City staff within one month after monitoring has concluded. Based upon the results of this review, areas of concern include any and all previously undisturbed sediments of Pleistocene Older alluvium present within the boundaries of the Project Area. Paleontologic monitors should be equipped to salvage fossils, as they are unearthed, to avoid construction delays, and to remove samples of sediments likely to contain the remains of small fossil invertebrates and vertebrates. Monitors must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens. Monitoring may be reduced or eliminated if the potentially fossiliferous units described herein are determined upon exposure and examination by qualified paleontologic personnel to have low potential to contain fossil resources. MM CR-6 Preparation of recovered specimens to a point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates is required. Preparation and stabilization of all recovered fossils are essential in order to fully mitigate adverse impacts to the resources. MM CR-7 Identification and curation of specimens into an established, accredited museum repository with permanent retrievable paleontologic storage is required. These procedures are also essential steps in effective paleontologic mitigation and CEQA compliance. The paleontologist must have a written repository agreement in hand prior to the initiation of mitigation activities. Mitigation of adverse impacts to significant paleontologic resources is not complete until such curation into an established museum repository has been fully completed and documented. MM CR-8 Preparation of a report of findings with an appended itemized inventory of specimens is required. The report and inventory, when submitted to the appropriate Lead Agency along with confirmation of the curation of recovered specimens into an City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 60 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc established, accredited museum repository, will signify completion of the program to mitigate impacts to paleontologic resources. d) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant With Mitigation Incorporated. The project site is not located on or adjacent to any known burial ground or cemetery. Because the project site has been previously disturbed as a result of previous development, it is unlikely that construction activities would unearth any previously unknown buried human remains. However, although unlikely, it is always possible that grading, excavation, and other similar ground-disturbing activities during construction of the proposed project could potentially uncover buried human remains. To avoid significant impacts, Mitigation Measure CR-9 shall be implemented in the event of an accidental discovery or recognition of any human remains during construction activities. MM CR-9 In the event of an accidental discovery or recognition of any human remains, California State Health and Safety Code §7050.5 dictates that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to CEQA regulations and Public Resource Code (PRC) §5097.98. All applicable provisions of the Native American Grave Protection and Repatriation Act and its regulations found in the Code of Federal Regulations at 43 CFR 10 shall also apply. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 61 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 6. Geology and Soils The following is based in part on the October 24, 2011 Updated Geotechnical Exploration Report prepared for the proposed project by Leighton and Associates (Appendix C). Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Less Than Significant Impact. As detailed in the Updated Geotechnical Exploration Report (Appendix C), there are no known active or potentially active faults traversing the project site and the site is not located within a State-designated Alquist-Priolo Earthquake Fault Zone. The principal seismic hazard that could affect the project site is ground shaking resulting from an earthquake occurring along one of several major active or potentially active faults in Southern California. The closest mapped active faults that could affect the project site are the Puente Hills Blind Thrust, Whittier, San Joaquin Blind Thrust, Newport-Inglewood (Los Angeles Basin), and San Jose faults, which are located approximately 10, 12, 16, 19, and 23 kilometers, respectively, from the site. Other known regional active faults that could affect the project site include the Chino-Central Avenue (Elsinore) and Elsinore (Glen-Ivy) fault. The San Andreas Fault System, which is the largest active fault in California, is approximately 63 kilometers northeast of the project site. As required by the current California Building Code, the proposed project would incorporate all applicable seismic design criteria to avoid significant impacts resulting from seismic events. Therefore, impacts associated with earthquake fault rupture would be less than significant. ii) Strong seismic ground shaking? Less Than Significant Impact. As previously discussed, the principal seismic hazard that could affect the project site is ground shaking resulting from an earthquake occurring along one of several major active or potentially active faults in Southern California. The closest mapped active faults that could affect the project site are the Puente Hills Blind Thrust, Whittier, San Joaquin Blind Thrust, Newport-Inglewood (Los Angeles Basin), and San Jose faults, which are located approximately 10, 12, 16, 19, and 23 kilometers, respectively, from the project site. The proposed project would comply with all applicable provisions regarding earthquake safety for new construction as contained within the current California Building Code and the City of Anaheim Municipal Code, including the following: City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 62 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc City of Anaheim Municipal Code Section 15.07, Earthquake Hazard Reduction in Existing Buildings Promotes public safety and welfare by reducing the risk of death or injury that may result from the effects of earthquakes on unreinforced masonry bearing wall buildings. Section 15.03, Building Standard Codes Prescribes specific regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment, use, height, and area of buildings and structures. Title 24 of the California Code of Regulations and the California Building Code Contains various specific provisions for earthquake safety (Section 15.03, Building Standard Codes, of the Anaheim Municipal Code adopts the provisions of the California Building Code). The proposed project would be required to meet all applicable aforementioned building requirements, which are anticipated to reduce potential impacts of strong seismic ground shaking. Therefore, impacts associated with strong seismic ground shaking would be less than significant. iii) Seismic-related ground failure, including liquefaction? Less Than Significant Impact. Liquefaction is a seismic phenomenon in which loose, saturated, fine-grained granular soils behave similarly to a fluid when subjected to high-intensity ground shaking. Liquefaction occurs when three general conditions exist: 1) Shallow groundwater 2) Low density, fine, clean sandy soils 3) High-intensity ground motion The project site is not located within a mapped liquefaction hazard zone. Due to absence of shallow groundwater, potential for liquefaction is considered low and not a significant design consideration. Therefore, impacts associated with liquefaction would be less than significant impact. iv) Landslides? No Impact. As detailed in the Updated Geotechnical Exploration Report (Appendix C), the project site and surrounding area lack significant ground slopes. Thus, the potential for seismically-induced onsite landslides is considered low and not a significant concern. Moreover, according to the City of City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 63 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Anaheim General Plan Safety Element, the project site is not located within an area susceptible to earthquake-induced landslides. Therefore, no impacts associated with landslides would occur. b) Result in substantial soil erosion or the loss of topsoil? Short-Term Construction Impacts Less Than Significant With Mitigation Incorporated. Topographically, the project site is relatively flat and featureless, and as such, would generally not be susceptible to erosion or the loss of topsoil during construction of the proposed project. Since the proposed project would disturb one or more acres of soil, the project would be required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ). Construction activities subject to the Construction General Permit includes clearing, grading, and disturbances to the ground such as stockpiling or excavation. The Construction General Permit requires implementation of a Storm Water Pollution Prevention Plan (SWPPP) that would include project construction features designed in part to prevent erosion, known as Best Management Practices (BMPs). Per Mitigation Measure HYD-1 (see Section 3.9, Hydrology and Water Quality), these erosion prevention efforts would include physical features such as fiber rolls, street sweeping, sandbag barriers, straw bale barriers, and storm drain inlet protection. Incorporation of Mitigation Measure HYD-1 during the construction phase would ensure that sufficient numbers of erosion control BMPs are implemented to reduce potential impacts related to erosion. Long-Term Operational Impacts Less Than Significant Impact. The project site would primarily contain impervious surfaces that will prevent erosion, as impervious surfaces are generally not susceptible to the effects of wind and water erosion. The portions of the project site that consist of pervious surfaces would be landscaped, which will prevent substantial erosion from occurring. Therefore, impacts associated with erosion during operational activities would be less than significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact. As previously described, the project site is not located within a mapped liquefaction hazard zone. Due to absence of shallow groundwater, potential for liquefaction is considered low and not a significant design consideration. Additionally, liquefaction may also cause lateral spreading. For lateral spreading to occur, the liquefiable zone must be continuous, unconstrained laterally, and free to move along gently sloping ground toward an unconfined area. However, if lateral containment is present for those zones, then no significant risk of lateral spreading would exist. Since the liquefaction potential at the project site is considered low, seismically-induced lateral spreading is not considered a seismic hazard. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 64 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc No significant ground slopes exist on the project site or the surrounding area. Therefore, the potential for seismically-induced onsite landslides would be considered low. Therefore, impacts associated with an unstable geological unit or soil would be less than significant. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Less Than Significant Impact. As described in the Updated Geotechnical Exploration Report (Appendix G), laboratory testing of one representative bulk sample within the upper 5 feet of the existing grade indicates very low expansion potential (per ASTM D 4829) with tested Expansion Index value of 5. Based on observations during field exploration and laboratory test results, subsurface soils at shallow depths are anticipated to have very low expansion potential. Therefore, impacts associated with expansive soil would be less than significant. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact. The proposed project does not include the use of septic tanks or alternative wastewater disposal systems. The proposed project would be connected to the existing sewer network. Therefore, no impacts associated with septic tanks or alternative wastewater disposal systems would occur. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 65 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 7. Greenhouse Gas Emissions Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact. The SCAQMD is in the process of preparing recommended significance thresholds for greenhouse gases for local lead agency consideration (“SCAQMD draft local agency threshold”); however, the SCAQMD Board has not approved the thresholds as of the date of this IS/MND (SCAQMD 2010). The current draft thresholds consist of the following tiered approach: • Tier 1 consists of evaluating whether or not the project qualifies for any applicable exemption under CEQA. • Tier 2 consists of determining whether or not the project is consistent with a greenhouse gas reduction plan. If a project is consistent with a qualifying local greenhouse gas reduction plan, it does not have significant greenhouse gas emissions. • Tier 3 consists of screening values, which the lead agency can choose, but must be consistent with all projects within its jurisdiction. A project’s construction emissions are averaged over 30 years and are added to a project’s operational emissions. If a project’s emissions are under one of the following screening thresholds, then the project is less than significant: - All land use types: 3,000 MTCO2e per year - Based on land use type: residential: 3,500 MTCO2e per year; commercial: 1,400 MTCO2e per year; or mixed use: 3,000 MTCO2e per year • Tier 4 has the following options: - Option 1: Reduce emissions from business as usual by a certain percentage; this percentage is currently undefined - Option 2: Early implementation of applicable AB 32 Scoping Plan measures - Option 3, 2020 target for service populations (SP), which includes residents and employees: 4.8 MTCO2e/SP/year for projects and 6.6 MTCO2e/SP/year for plans; - Option 3, 2035 target: 3.0 MTCO2e/SP/year for projects and 4.1 MTCO2e/SP/year for plans • Tier 5 involves mitigation offsets to achieve target significance threshold. To determine whether the proposed project is significant, this project utilizes the SCAQMD draft local agency tiered threshold. The threshold is as follows: • Tier 1: The Project is not exempt under CEQA; go to Tier 2. • Tier 2: There is no greenhouse gas reduction plan applicable to the Project; go to Tier 3. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 66 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc • Tier 3: Project greenhouse gas emissions compared with the threshold: 3,000 MTCO2e per year. • Tier 4, option 1: Reduce greenhouse gas emissions from business as usual by 28.4 percent. The California 2020 emissions target is 427 MMTCO2e and the 2020 baseline is 596 MMTCO2e (California Air Resources Board 2011b). Therefore, a 28.4 percent reduction is required to reduce emissions to the target (see analysis below). • Tier 4, option 3: 4.8 MTCO2e/SP/year. For purposes of the greenhouse gas significance threshold, Business-as-Usual is defined as pre-AB 32. Business-as-Usual greenhouse gas emissions refer to emissions using protocol and emission factors from the period of 2004-2006 (prior to the adoption of Assembly Bill 32 and related greenhouse gas regulations) and does not take into account project design features or mitigation measures to reduce greenhouse gas emissions. ARB’s Scoping Plan indicates that Business-as-Usual is “projected emissions in 2020 without any greenhouse gas reduction measures (Business-as-Usual case). The 2020 Business-as-Usual forecast does not take any credit for reductions from measures included in this Plan, including the Pavley greenhouse gas emissions standards for vehicles, full implementation of the Renewables Portfolio Standard beyond current levels of renewable energy, or the solar measures” (ARB 2008). Project Emissions Inventory This analysis is restricted to greenhouse gases identified by AB 32, which include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. The proposed project would generate a variety of greenhouse gases during construction and operation, including several defined by AB 32 such as carbon dioxide, methane, and nitrous oxide. Construction The proposed project would emit greenhouse gases from upstream emission sources and direct sources (combustion of fuels from worker vehicles and construction equipment). For assumptions used in estimating these emissions, please refer to the Section 3.3, Air Quality. Greenhouse gas emissions from construction equipment and worker vehicles are shown in Appendix A. . The greenhouse gas emissions from all phases of construction would equal 1,143.53 MTCO2e. Amortized over 30 years, construction emissions would equal 38.12 MTCO2e per year. Operation Operational or long-term emissions would occur over the life of the proposed project. The operational emissions for the proposed project are shown in Table 8. For the assumptions and descriptions for the emission sources, please refer to Section 3.3, Air Quality. As shown in Table 8, the main source of operational greenhouse gases are from mobile emissions. The ‘with reductions’ calculations used a combination of CalEEMod project design feature reductions and mitigation measures. In addition, URBEMIS2007 was used in combination with the Bay Area Air Quality City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 67 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Management District’s BGM model to determine the percent reduction in mobile emissions attributable to implementation of the State’s Pavley Standards and the Low Carbon Fuel Standard. Although CalEEMod reportedly accounts for reductions from Pavley Standards starting in 2012, the mobile emissions output from CalEEMod is higher in year 2020 than the URBEMIS model’s output, indicating the CalEEMod output does not account for Pavley reductions. Regulatory reductions were applied prior to applying project design reductions to avoid over-counting emission reductions. As shown in Table 8, Business-as-Usual emissions would result in nearly 4,500 MTCO2e per year in 2020. However, implementation of State regulation, accounting for project design features and locational aspects that reduce emissions, and application of regulatory standards (i.e., installation of low flow bathroom faucet, low flow kitchen faucet, low flow toilet, and low flow shower) would result in a 33-percent reduction in emissions from the Business-as-Usual scenario. Therefore, the proposed project’s emissions would be less than the SCAQMD’s draft percent-reduction threshold. Table 8: Project Operational Greenhouse Gases (2020) Emissions (MTCO2e per year) Source Business as Usual With Reductions Reductions (%) Area 166 149 10% Energy 797 797 0% Mobile 3,249 2,459 44% Waste 55 45 18% Water 217 183 16% Subtotal - Operation 4,484 2,987 33.4% Subtotal - Construction (averaged over 30 years) 38.12 38.12 — Total 4,522 3,025 33.1% Threshold -- -- 28.4% Does project exceed threshold? -- -- No Notes: MTCO2e = metric tons of carbon dioxide equivalents. Source of business as usual emissions: CalEEMod, for the year 2020 (Appendix A). Source of with reductions emissions: - Mobile: CalEEMod, for the year 2020 (Appendix A) - URBEMIS and BGM output are provided in Appendix A, a 24.3 percent reduction applied for Pavley and Low Carbon Fuel Standard. An additional 26 percent was then applied per the CalEEMod output containing the “mitigated” scenario with project design features incorporated - Waste reduction of 17.6 percent calculated by assuming 1.5 MMTCO2e reductions in California (from California Air Resources Board 2011b) off of 8.5 MMTCO2e 2020 emissions (from California Air Resources Board 2010c). - Indoor water use reductions based on default percent reductions attributable to regulatory standards, as contained within CalEEMod. Water-Efficient irrigation system reduction also default percent reduction attributable to regulatory standards. See Appendix A. Project design and locational features incorporated with the proposed project include: City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 68 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc • Increased Density over the existing use by providing multi-family residential and commercial/retail uses; • Increased Diversity, as the proposed project would include a diversity of multi-family residential units and commercial/retail uses; • Improved Pedestrian Network on the project site and connecting off-site with the implementation of the internal walkways between residential and retail uses, as well as connection to peripheral sidewalks. b) Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant Impact. There is currently no local or regional greenhouse gas reduction plan applicable to the proposed project. The California State Legislature adopted AB 32 in 2006. AB 32 focuses on reducing greenhouse gases (carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride) to 1990 levels by the year 2020. Pursuant to the requirements in AB 32, the ARB adopted the Climate Change Scoping Plan (Scoping Plan) in 2008, which outlines actions recommended to obtain that goal. The Scoping Plan calls for an “ambitious but achievable” reduction in California’s greenhouse gas emissions, cutting approximately 30-percent from business-as-usual emission levels projected for 2020. Although the percent reduction is calculated as a statewide reduction, and relies on varying levels of reductions from multiple emissions sectors and sources, the proposed project would achieve a greater than 30 percent reduction. Therefore, the proposed project would be consistent with the general emission reduction goal of ARB’s Scoping Plan following the incorporation of project design features and regulatory requirements identified above. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 69 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 8. Hazards and Hazardous Materials The following is based in part on a August 1, 2011 Phase I Environmental Site Assessment (ESA) prepared for the proposed project by Apex Companies, LLC; a October 26, 2007 Phase II ESA prepared by Shaw Environmental, Inc.; and a November 8, 2011 Revised Voluntary Remediation Action Plan. All of these resources can be found in Appendix D. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact. Hazardous materials are chemicals that could potentially cause harm during an accidental release or mishap, and are defined as being toxic, corrosive, flammable, reactive, an irritant or strong sensitizer. Hazardous substances include all chemicals regulated under the United States Department of Transportation “hazardous materials” regulations and the Environmental Protection Agency “hazardous waste” regulations. Hazardous wastes require special handling and disposal because of their potential to damage public health and the environment. The probable frequency and severity of consequences from the use, transport, or disposal of hazardous materials is affected by the type of substance, quantity used or managed, and the nature of the activities and operations. The proposed project would involve the use, transport, and/or disposal of relatively small quantities of commonly used but potentially hazardous materials during construction and operation activities. Short-Term Construction Impacts Construction of the proposed project would likely include the use of potentially hazardous materials such as vehicle fuels, oils, and transmission fluids. These materials would be used in conjunction with the operation and maintenance of construction equipment. All potentially hazardous materials would be used and stored according to manufacturers’ guidelines, as well as according to all applicable federal, State, and local standards and regulations regarding hazardous materials. Therefore, impacts associated with the routine use, transport, or disposal of hazardous materials during project construction would be less than significant. Project Operation Operation of residential and commercial uses such as those proposed typically involves the use and storage of small quantities of potentially hazardous materials, including cleaning solvents, paint, pesticides, and herbicides. However, these materials would be contained, stored, and used according to manufacturers’ guidelines, as well as according to all applicable federal, State, and local standards and regulations regarding hazardous materials. Any associated risk would be adequately reduced through continued compliance with these standards and regulations. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 70 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Household cleaners, many of which are considered household hazard waste (HHW), would likely be used on the project site during operation of the proposed project. HHW falls under the larger heading of “Common Waste” as defined by the United State Environmental Protection Agency (EPA). When improperly used, stored, or disposed of, these materials could potentially pose a threat to both humans and the environment. However, using these materials according to manufacturers’ guidelines, as well as according to all applicable federal, State, and local standards and regulations regarding hazardous materials, would reduce associated risk. Specifically, compliance with the mandatory obligations contained in Titles 8, 22, and 26 of the California Code of Regulations (CCR) and Chapter 6.95 of the California Health and Safety Code would result in less than significant impacts to both humans and the environment. Therefore, impacts associated with the routine use, transport, or disposal of hazardous materials during project operations would be less than significant. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant Impact. The proposed project would not involve the use of acutely hazardous materials or waste, and the limited use of any hazardous materials would be contained, stored, and used according to manufactures’ guidelines, as well as according to all applicable federal, State, and local standards and regulations regarding hazardous materials. As previously discussed, the proposed project would not create a significant hazard to the public or the environment through the use, transport, or disposal of hazardous materials, which would subsequently reduce the potential for upset and accident conditions involving the release of hazardous materials into the environment. Therefore, impacts associated with the release of hazardous materials due to foreseeable upset and accident condition would be less than significant. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less Than Significant Impact. There are two private schools located within one-quarter mile of the project site: • Saint Catherine’s Academy (215 N. Harbor Boulevard, Anaheim, California, 92805): Located approximately 0.23 miles west of the project site. • Montessori Learning Center (331 N. Harbor Boulevard, Anaheim, California, 92805): Located approximately 0.24 miles northwest of the project site. Despite the presence of these schools, no substantial effects are anticipated from the proposed project. As previously discussed, both construction and operation of the proposed project would not generate acutely hazardous materials or wastes, and the limited use of any hazardous materials would be contained, stored, and used in according to manufactures’ guidelines, as well as according to all City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 71 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc applicable federal, State, and local standards and regulations regarding hazardous materials. Due to the nature of the proposed project, less than significant impacts are anticipated due to the residential and commercial nature of the project. Therefore, impacts associated with emitting or handling hazardous emissions or materials within one-quarter mile of an existing or proposed school would be less than significant. According to the Phase I Environmental Site Assessment (ESA) prepared by Apex Companies, LLC (Appendix D, Hazards and Hazardous Materials), the site of the proposed Heritage School comprises the city block immediately north of the project site. This property, occupied by residences, churches, and automotive repair facilities, is listed on the Envirostor database. The Envirostor database includes facilities investigated by the State of California and includes Superfund, military, and proposed school facilities. At this time, this property is being evaluated by the California Department of Toxic Substances Control (DTSC) for suitability as a possible school location. The listing does not pertain to known releases or remedial activities. Evaluation of property by the DTSC does not necessarily mean that the subject property is contaminated, only that the DTSC is investigating the property to validate its suitability as a possible location for a school. Thus, inclusion of this property on the Envirostor database does not constitute a recognized environmental concern (REC). d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Less Than Significant With Mitigation Incorporated. According to the Phase I ESA (Appendix D, Hazards and Hazardous Materials), the project site is identified on several environmental databases, including the Haznet and RCRA databases for generation of hazardous waste. However, no violations were ever reported. The project site is also identified on several underground storage tank (UST) databases. A 1,000-gallon diesel UST was installed at the project site in 1970, removed in 1992, and granted regulatory closure in 1993. A 2007 Geophysical Survey and Site Investigation Report did not detect any historical USTs at the project site. Records indicating removal of USTs associated with the former gasoline station use on the southwestern portion of the project site were not found. Additionally, the project site is identified on the Orange County Industrial Site database for lead compounds. The Resource Conservation and Recovery Act (RCRA) database identifies the project site as a large and small quantity hazardous waste generator. Specific wastes generated were not reported, and no violations were ever reported. In this particular case, inclusion on the RCRA database does not constitute a REC. Facility and Manifest database (HAZNET) identifies the project site as having recorded waste manifest documentation for multiple hazardous wastes generated at the site. The waste materials included alkaline solution, tank bottom waste, waste oil, aqueous solution, asbestos, and organic City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 72 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc solids. No violations were ever reported regarding the historic hazardous waste handling and disposal operations at the project site. In this particular case, inclusion on the HAZNET database does not constitute a REC. The project site is identified on several underground storage tank (UST) databases, including the Facility Inventory Database (FID), Statewide Environmental Evaluation and Planning System (SWEEPS), the State Water Resources Control Board (SWRCB) UST database, SWRCB Historical UST databases, and EDR Historical Auto Stations Database. According to the SWRCB Historical UST database, one diesel UST was installed in 1970. According to the SWEEPS database, a 1,000- gallon UST containing “gasohol” was reported. The project site is listed on the EDR Historical Auto Service Stations database as a gasoline station in 1925 and 1936. No additional information regarding these listings was provided. The potential for environmental impact associated with the historical presence of USTs and use of petroleum at the project site is explored in the multiple historical site-specific environmental investigation reports obtained by Apex Companies, LLC and summarized in greater detail in the Phase I ESA (Appendix D, Hazards and Hazardous Materials). As indicated on page 6 of the Environmental Database Search Report (Appendix D, Hazards and Hazardous Materials Phase I ESA’s Appendix 4), the project site does not appear on any sites compiled pursuant to Government Code Section 65962.5. The Phase I ESA, however, recommended additional investigation be performed adjacent to the existing emergency backup generator and diesel AST, as well as in the areas of concern as identified in 1940 Sanborn Fire Insurance Map. Shaw Environmental, Inc. was contracted by AT&T, the former owner of the project site, to perform a soil boring investigation at the property as part of a Phase II ESA (Appendix D, Hazards and Hazardous Materials). The primary goal of the investigation was to identify whether any potential contamination concerns existed associated with current and historic property usages. Eleven soil samples were analyzed for total petroleum hydrocarbons as diesel (TPH-D) by EPA method 8015M and volatile organic compounds (VOCs) by EPA method 8260B. The nine samples collected from the “gas & oil,” “auto washing,” and “auto painting,” areas were further analyzed for TPH-gasoline (TPH-G) by EPA method 8015M; petroleum oil and grease (POG) by EPA method 5520; and for the LUFT 5 metals cadmium, chromium, lead, nickel, and zinc by EPA method 601 0C. All detected target constituents were compared to EPA Region 9 residential preliminary remediation goals (PRGs). The PRG levels are considered to be health protective of human exposures and do not consider impact to groundwater or address ecological concerns. The concentration of total lead slightly exceeded the California-modified PRG of 200 mg/kg for residential soils in one soil sample (150 mg/kg in sample 89-4). However, the concentration was well below the PRG of 800 mg/kg for commercial/industrial soils. No other PRGs were exceeded. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 73 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Elevated concentrations of TOG and TPH-D were also detected in select soil samples. These constituents lack specific Region 9 PRGs. Based on the overall depth to groundwater and lack of any volatile constituents, these concentrations would not pose a significant risk to humans or the environment. APEX Companies, LLC prepared a Revised Voluntary Remediation Action Plan (Appendix D, Hazards and Hazardous Materials) for the project site, which was reviewed and found acceptable by the Orange County Health Care Agency (OCHCA) Environmental Health Department provided considerations outlined in their November 16, 2011 letter (Appendix D, Hazards and Hazardous Materials) are addressed. As detailed in the Remediation Action Plan, the Applicant proposes the Voluntary Remedial Action prior to redevelopment of the currently unoccupied project site. The extensive historical investigations performed by ERM and Shaw Environmental, Inc., as summarized in the Remediation Action Plan, have documented that the contaminant of concern (COC) for the project site is lead. Of the 57 soil samples collected from soils located more than 4 feet below surface, the single highest detection of lead was 75.4 mg/kg at 6 feet bgs at B23. The average concentration of lead in soil in the 57 soil samples collected from below 4 feet bgs is 12.58 mg/kg. This data supports the conclusion that lead contamination at the project site is limited to shallow soils 4 feet or less bgs and that no remediation is required for soils greater than 4 feet bgs. Only three samples (boring locations ERM SB-20, SB-25, and SB-32) of the 219 soil samples collected from the top 4 feet across the project site reported lead concentration in excess of 1,000 mg/kg, and are therefore considered a hazardous waste pursuant to California Code of Regulations (CCR) Title 22. At each of these locations, the high concentration of lead was only detected in a very small zone. Apex Companies, LLC conducted a statistical analysis to determine the upper confidence limit (UCL) of the representative concentration of lead in soil within the top 4 feet at the project site. Apex Companies, LLC used the Pro- UCL statistical software developed by the EPA. The output from the Pro-UCL program reports that following removal of the three shallow hot spots eliciting hazardous waste levels of lead, the remaining average lead concentration in soils within the top 4 feet of surface is 35.8 mg/kg and the 97.5-percent upper confidence limit (UCL) is 66.19 mg/kg. This is less than the proposed conservative cleanup objective of 80 mg/kg for lead. Although no further remediation, excavation, or disposal is required following removal of the three shallow hot spots, the most conservative screening level for residential uses would still be achieved. Per the Remedial Action Plan, Mitigation Measures HAZ-1a through HAZ-1d are recommended to reduce impacts related to potentially contaminated and hazardous onsite soils to less than significant. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 74 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc MM HAZ-1a Prior to the issuance of a building permit, onsite soil classified as hazardous waste in California by virtue of having greater than 1,000 mg/kg total lead concentration shall be evaluated and disposed at a State approved disposal site. MM HAZ-1b Prior to the issuance of a building permit, shallow soils from the historical industrial use located in the southeast and southwest portions of the project site (with the highest density of sampling locations documenting lead between 80 mg/kg and 1,000 mg/kg) shall be relocated to underneath the footprint of the future parking structure. MM HAZ-1c Prior to the issuance of a building permit, the soils with lead concentration below 80 mg/kg shall be re-graded and compacted in the top 5 to 7 feet bgs. MM HAZ-1d Prior to the issuance of a building permit, sampling under the footprint of new residential area(s) shall be conducted to confirm and document that no residual soil with lead in excess of 80 mg/kg is located under the foundation of the proposed building locations. Therefore, with implementation of Mitigation Measures HAZ-1a through HAZ-1d as derived from the Remediation Action Plan, impacts associated with hazardous materials sites would be less than significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact. The proposed project is not located within an airport land use plan or within two miles of a public use airport. The nearest public use airport is the Fullerton Municipal Airport, which is located approximately 4.2 miles northwest of the project site. Additionally, John Wayne Airport is located approximately 11 miles southeast of the project site. Thus, the proposed project would not result in a safety hazard for people residing or working in the project area. Therefore, no impacts associated with public use airports would occur. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. No private airstrips are located within the vicinity of the project site. The City of Anaheim contains only heliports and helistops and does not contain any airstrips (AirNav 2012). Thus, the proposed project would not result in a safety hazard for people residing or working in the project area. Therefore, no impacts associated with private airstrips would occur. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 75 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. The proposed project includes vehicular and emergency vehicle ingress and egress from the driveway located along Cypress Street and from the driveway located along Lemon Street. Compliance with City of Anaheim Fire Department codes, regulations, and conditions would ensure that the proposed project would not physically interfere with or impair implementation of an adopted emergency response plan or emergency evacuation plan. Therefore, no impacts associated with emergency response or evacuation plans would occur. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact. The project site is located within an established urban area. As such, the project site and the surrounding area are not prone to wildland fires. Per Figure S-5 (Fire Protection Areas) of the City of Anaheim General Plan, the project site is not located in a Very High Fire Hazard Severity Zone or in a Special Protection Area. The project site is surrounded by established urban development and is located approximately 4.75 miles west of the nearest Very High Fire Hazard Severity Zone. Therefore, no impacts associated with wildland fires would occur. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 76 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 9. Hydrology and Water Quality The following is based in part on a February 29, 2012 Water Quality Management Plan (WQMP) prepared for the proposed project by the project engineer, KHR Associates (Appendix E, Hydrology), as well as an additional letter report authored by the project engineer (Appendix I, Utilities and Service Systems). Would the project: a) Violate any water quality standards or waste discharge requirements? Short-Term Construction Impacts Less Than Significant With Mitigation Incorporated. Project construction would include grading, excavation, and other earthmoving activities that have the potential to cause erosion effects that would subsequently degrade water quality and/or violate water quality standards. As a result, the proposed project must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) MS4 Permit. The NPDES MS4 Permit Program, which is administer in the project area by the City of Anaheim and County of Orange, issued by the Santa Ana Regional Water Quality Control Board, helps control water pollution by regulating point sources that discharge pollutants into receiving waters. Project operation must also comply with the NPDES General Construction Permit. Additionally, since the proposed project would disturb one or more acres of soil, the project would be required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ). Construction activities subject to the Construction General Permit includes clearing, grading, and disturbances to the ground such as stockpiling or excavation. The Construction General Permit requires implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP would generally contain a site map(s) showing the construction perimeter, existing and proposed buildings, storm water collection and discharge points, general pre- and post-construction topography, drainage patterns across the site, and adjacent roadways. The SWPPP must also include project construction features designed to protect against stormwater runoff, known as Best Management Practices (BMPs). Additionally, the SWPPP must contain a visual monitoring program; a chemical monitoring program for “non-visible” pollutants, should the BMPs fail; and a sediment monitoring plan, should the site discharge directly into a water body listed on the 303(d) list for sediment. Section A of the Construction General Permit describes the elements that must be contained in a SWPPP. Incorporation of Mitigation Measure HYD-1 during the construction phase would ensure that a sufficient number of erosion control BMPs are implemented to reduce potential impacts related to erosion. MM HYD-1 Per the requirements of the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009- City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 77 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 0009-DWQ), a Stormwater Pollution Prevention Plan (SWPPP) for the proposed project shall be prepared and include a sufficient number of erosion control Best Management Practices (BMPs) are implemented during the construction phase to ensure that potential erosion issues are adequately addressed. BMPs shall include the following, or similar, efforts: fiber rolls, street sweeping, sandbag barriers, straw bale barriers, and storm drain inlet protection. The development, implementation, and participation with both the NPDES General Permit and the Construction General Permit, including the SWPPP and BMPs, would reduce project construction effects on water quality to acceptable levels. Therefore, with incorporation of Mitigation Measure HYD-1, construction impacts associated with water quality standards and wastewater discharge requirements would be less than significant. Long-Term Operation Impacts Less Than Significant Impact. Topographically, the project site is generally flat with the northeast corner of the site being the highest elevation and the southwest corner of the site being the lowest elevation. In the existing condition, stormwater flows from the project site to both Lemon Street and Lincoln Avenue before being collected by catch basins. Runoff to Lemon Street is collected by a catch basin located on the east side of the street just north of Lincoln Avenue, while discharge to Lincoln Avenue is collected by a catch basin located on the north side of the street just east of Lemon Street. From the catch basins, stormwater is conveyed through the local MS4 (Municipal Separate Storm Sewer System) before discharging into Carbon Creek Channel prior to entering Gilbert Retarding Basin. Carbon Creek Channel serves as a principle tributary of the San Gabriel River Reach 1. A portion of the San Gabriel River downstream of the Gilbert Retarding Basin is included on the 303(d) list of impaired water bodies. 303(d) listed impairments for the San Gabriel River are coliform bacteria and pH, while the San Gabriel Estuary is impaired with copper, dioxin, nickel, and dissolved oxygen. As such, pollutants of concern for the proposed project include suspended solid-sediment, nutrients, heavy metals, pathogens, pesticides, oil and grease, toxic organic compounds, and trash and debris. Overall, the proposed project would have a net decrease in the quantity of impervious area found on the project site as compared to the existing condition. Currently, the project site consists of a commercial building and associated paved parking lot that account for impervious surfaces covering 96-percent of the project site. The proposed project would decrease the impervious surfaces found on the project site to 85-percent. Stormwater would be collected onsite by roof drains, area drains, and catch basins, and then directed to one of two Bio Clean Nutrient Separating Baffle Boxes located on the northwest and southwest portion of the project site for pre-treatment prior to infiltration by one of four MaxWell IV drywells located on the north, northwest, and southwest parts of the site (see the BMP Exhibit in Appendix E, Hydrology, for the proposed locations of the Treatment Control BMPs). City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 78 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Bio Clean Nutrient Separating Baffle Boxes are pre-treatment devises used for treatment done through drywells. When incorporated in the design of a stormwater collection system, they prevent clogging of and preserve the life of drywells by reducing pollutants that affect drywell performance, specifically debris, refuse, and sediment. The MaxWell IV drywells are designed to capture and infiltrate the entire first flush, effectively resulting in the eliminations of all pollutants. In accordance with the Countywide Model Water Quality Management Plan, the proposed Treatment Control BMPs would be sized to treat either the Stormwater Quality Design Flow or Stormwater Quality Design Volume. The Stormwater Quality Design Flow is the maximum flow rate of runoff produced from a rainfall intensity of 0.2-inch of rainfall per hour, and the Stormwater Quality Design Volume is the volume of runoff produced from a 24-hour 85th-percentile storm event, as determined from the local historical rainfall record for the project area. With incorporation of these BMPs, the design of the proposed project would decrease the runoff volume currently experienced on the project site, while increasing infiltration and effectively eliminating any downstream impacts. Therefore, with the incorporation of the proposed Treatment Control BMPs, which include Bio Clean Nutrient Separating Baffle Boxes and MaxWell IV drywells, operation impacts associated with water quality standards and wastewater discharge requirements would be less than significant. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? Groundwater Supplies Less Than Significant Impact. The City of Anaheim receives its water from two main sources: (1) the Orange County Groundwater Basin, which is managed by the Orange County Water District (OCWD), and (2) imported water from the Metropolitan Water District of Southern California (MWD). Groundwater is pumped from 18 active wells located within the City, and imported water is delivered to the City through seven treated water connections and one untreated connection. According to the City of Anaheim 2010 Urban Water Management Plan (UWMP), local groundwater has been the least expensive and most reliable source of water supply for the City. The City depends heavily on the groundwater from the Orange County Groundwater Basin each year. Groundwater supply is projected to account for approximately 65-percent of the City’s total water supply from 2015 through 2035 in normal and single dry years. A lower Basin Production Percentage (BPP) of 62-percent is anticipated for multiple dry years. Based on data from the UWMP, Table 9 and Table 10 illustrate the City’s current and projected water demand, and the projected water supply. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 79 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 9: Current and Projected Water Demands (AFY) Fiscal Year Ending Water Supply Sources 2010 2015 2020 2025 2030 2035 Metropolitan (Imported) 22,031 25,263 25,671 26,476 27,036 27,106 Groundwater 44,898 46,917 47,674 49,169 50,209 50,339 Recycled Water 220 255 255 255 255 Total 66,929 72,400 73,600 75,900 77,500 77,700 Source: City of Anaheim 2010 Urban Water Management Plan, June 2011. Table 10: Projected Normal Water Supply and Demand (AFY) Fiscal Year Ending 2015 2020 2025 2030 2035 Total Demand 72,400 73,600 75,900 77,500 77,700 Groundwater Supply 46,917 47,674 49,169 50,209 50,339 Recycled Water Supply 220 255 255 255 255 Imported Supply 25,263 25,671 26,476 27,036 27,106 Total Supply 72,400 73,600 75,900 77,500 77,700 Source: City of Anaheim 2010 Urban Water Management Plan, June 2011. Since the proposed project is consistent with the existing City of Anaheim General Plan “Mixed Use” land use designation, the development of the project would be considered consistent with the City’s future projected water demand. Therefore, impacts associated with groundwater supplies would be less than significant. Groundwater Recharge Less Than Significant Impact. Overall, the proposed project would have a net decrease in the quantity of impervious area found on the project site as compared to the existing condition. Currently, the project site consists of a commercial building and associated paved parking lot that account for impervious surfaces covering 96 percent of the project site. The proposed project would decrease the impervious area found on the project site to 85 percent. When compared to the existing condition, the proposed project would include more landscaped areas, which would account for the 11 percent increase in the amount of pervious surfaces found on the project site. These pervious areas would allow stormwater to collect and infiltrate into subsurface soils and eventually into the groundwater basin. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 80 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Stormwater flows from the impervious surfaces would be collected onsite by roof drains, area drains, and catch basins, and then directed to Bio Clean Nutrient Separating Baffle Boxes for pre-treatment prior to infiltration by MaxWell IV drywells. With incorporation of these BMPs, the design of the proposed project would decrease the runoff volume currently experienced on the project site, while increasing infiltration and groundwater recharge. Therefore, impacts associated with groundwater recharge would be less than significant. c) Substantially alter the existing drainage pattern of area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Less Than Significant Impact. In the existing condition, stormwater flows from the project site to both Lemon Street and Lincoln Avenue before being collected by catch basins. Runoff to Lemon Street is collected by a catch basin located on the east side of the street just north of Lincoln Avenue, while discharge to Lincoln Avenue is collected by a catch basin located on the north side of the street just east of Lemon Street. As proposed, stormwater would be collected onsite by roof drains, area drains, and catch basins, and then directed to Bio Clean Nutrient Separating Baffle Boxes for pre-treatment prior to infiltration by MaxWell IV drywells. With incorporation of these BMPs, the design of the proposed project would decrease the runoff volume currently experienced on the project site, which would subsequently decrease the potential for on- or off-site erosion or siltation. Therefore, impacts associated with the altering of the existing drainage pattern and erosion would be less than significant. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? Less Than Significant Impact. As previously discussed, stormwater would be collected onsite by roof drains, area drains, and catch basins, and then directed to Bio Clean Nutrient Separating Baffle Boxes for pre-treatment prior to infiltration by MaxWell IV drywells. In accordance with the Countywide Model Water Quality Management Plan, the proposed Treatment Control BMPs would be sized to treat either the Stormwater Quality Design Flow or Stormwater Quality Design Volume. The Stormwater Quality Design Flow is the maximum flow rate of runoff produced from a rainfall intensity of 0.2-inch of rainfall per hour, and the or Stormwater Quality Design Volume is the volume of runoff produced from a 24-hour 85th-percentile storm event, as determined from the local historical rainfall record for the project area. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 81 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc With incorporation of these BMPs, the design of the proposed project would decrease the runoff volume currently experienced on the project site, which would subsequently decrease the potential for onsite or offsite flooding. Therefore, impacts associated with the altering of the existing drainage pattern and flooding would be less than significant. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. As proposed, stormwater would be collected onsite by roof drains, area drains, and catch basins, and then directed to Bio Clean Nutrient Separating Baffle Boxes for pre-treatment prior to infiltration by MaxWell IV drywells. In accordance with the Countywide Model Water Quality Management Plan, the proposed Treatment Control BMPs would be sized to treat either the Stormwater Quality Design Flow or Stormwater Quality Design Volume. The Stormwater Quality Design Flow is the maximum flow rate of runoff produced from a rainfall intensity of 0.2-inch of rainfall per hour, and the Stormwater Quality Design Volume is the volume of runoff produced from a 24-hour 85th-percentile storm event, as determined from the local historical rainfall record for the project area. In the existing condition, the Lemon Street catch basin, which connects to a 33-inch reinforced concrete pipe, and the Lincoln Avenue catch basin, which connects to a 33-inch reinforced concrete pipe, have been deemed capable of adequately providing drainage from the project site (KHR Associates 2008). The proposed BMPs, however, would greatly reduce the need for these existing drainage features, as these features would only be needed during large storm events when stormwater runoff exceeds the capacity of the Bio Clean Nutrient Separating Baffle Boxes and MaxWell IV drywells. With incorporation of the Treatment Control BMPs, the design of the proposed project would decrease the runoff volume currently experienced on the project site, which would subsequently decrease the potential for polluted runoff to discharge off-site. Therefore, impacts associated with creating or contributing runoff water would be less than significant. f) Otherwise substantially degrade water quality? Less Than Significant Impact. As previously discussed, with incorporation of the proposed Treatment Control BMPs, the design of the proposed project would decrease the runoff volume currently experienced on the project site, while increasing infiltration and effectively eliminating any downstream or water quality degradation impacts. The proposed project would have a net decrease in the quantity of impervious area found on the project site as compared to the existing condition. The proposed project would decrease the impervious surfaces found on the project site by 11 percent, replacing these areas with landscaped City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 82 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc features that would promote the collection and infiltration of stormwater into subsurface soils and eventually into the groundwater basin. As proposed, stormwater would be collected onsite by roof drains, area drains, and catch basins, and then directed to Bio Clean Nutrient Separating Baffle Boxes for pre-treatment prior to infiltration by MaxWell IV drywells. In accordance with the Countywide Model Water Quality Management Plan, the proposed Treatment Control BMPs would be sized to treat either the Stormwater Quality Design Flow or Stormwater Quality Design Volume. The Stormwater Quality Design Flow is the maximum flow rate of runoff produced from a rainfall intensity of 0.2-inch of rainfall per hour, and the Stormwater Quality Design Volume is the volume of runoff produced from a 24-hour 85th-percentile storm event, as determined from the local historical rainfall record for the project area. Pollutants contained within stormwater runoff would be collected and treated by the proposed BMPs. The proposed BMPs would reduce the proposed project’s effect on downstream water quality (i.e., the current impaired waters within Reach 1 of the San Gabriel River) In the existing conditions, pollutants are discharged to the catch basins located along Lemon Street or Lincoln Avenue, enter the local MS4, and are conveyed downstream to the impaired waters of Reach 1 of the San Gabriel River. Therefore, with the incorporation of the proposed Treatment Control BMPs, which include Bio Clean Nutrient Separating Baffle Boxes and MaxWell IV drywells, operation impacts associated with the degradation of water quality would be less than significant. g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Less Than Significant Impact. According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRMs), the project site and the surrounding area is located within the Flood Hazard Zone identified by FEMA as “0.2 Percent Annual Chance Flood Hazard.” As such, the project site is located within a 500-year floodplain, but outside of a 100-year flood hazard area. The nearest Flood Hazard Zone “A” (100-year flood hazard area) to the project site is a riprap lined channel located approximately 1.2 miles northwest of the site. Therefore, although the proposed project would introduce residential units to the project site, impacts associated with placing residences within a 100-year flood hazard area would be less than significant. h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? Less Than Significant Impact. As previously discussed, the project site and the surrounding area is located within the Flood Hazard Zone identified by FEMA as “0.2 Percent Annual Chance Flood Hazard.” As such, the project site is located within a 500-year floodplain, but outside of a 100-year flood hazard area. Therefore, although the proposed project would introduce a mixed use building to the project site, impacts associated with placing structures within a 100-year flood hazard area would be less than significant. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 83 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Less Than Significant Impact. According to the City of Anaheim General Plan Safety Element, the project site and the majority of the City of Anaheim is located within the dam inundation area of Prado Dam. Prado Dam is located approximately 16 miles east-northeast of the project site, along the Santa Ana River, west of the City of Corona. Prado Dam does not have a history of dam failure. The dam is routinely inspected for structural integrity by the U.S. Army Corp of Engineers (USACE), the Orange County Flood Control District, and other regional and local agencies. The dam is routinely managed, especially during storm events, to ensure that water levels are at safe levels. Additionally, the USACE is currently conducting improvements on the dam and its ancillary facilities to increase capacity and reduce the opportunity for downstream inundation during major, prolonged storm events. Therefore, impacts associated with dam inundation would be less than significant. j) Inundation by seiche, tsunami, or mudflow? No Impact. Due to its location and topographical characteristics, the project site would not be susceptible to seiche, tsunami, or mudflow. Seiche would typically affect a location near a larger body of water, such as a lake or reservoir. The project site does not occur near any body of water of significance. The project site is located approximately 12.50 miles northeast from the Pacific Ocean, which would reduce the potential for tsunami. Based upon the relative flat topography of the project site and the surrounding area, as well as the lack of adjacent hillsides, the potential for mudflow on the project site would also be reduced. Therefore, no impacts associated with seiche, tsunami, or mudflow would occur. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 84 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 10. Land Use and Planning Would the project: a) Physically divide an established community? Less Than Significant Impact. The proposed project involves the construction of a mixed use, residential and commercial building. Project construction would occur on the existing development footprint and would not expand into the surrounding established community. The proposed project does not include any improvements that would physically extend into the neighboring community. Following development of the proposed project, the surrounding community, including the adjacent residential uses to the north, would remain in their existing physical condition. The proposed project would not add new roadways, walls, fences, drainages, or other physical barriers that would limit access to and around the neighboring community. Therefore, impacts associated with physical division of an established community would be less than significant. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact. The project site is designated under the General Plan as Mixed Use (MU) that allows a dynamic urban environment that serves as a center of activity for the surrounding area. The MU designation provides opportunities for an integrated mix of residential, retail, service, entertainment and office opportunities in a pedestrian-friendly environment. In addition, the MU designation includes continuous commercial street frontage on the first and perhaps second floors supported by residential and/or office uses above. The proposed project includes a mixture of commercial and residential which is consistent with the MU designation. The proposed project is designated under the Zoning Ordinance as General Commercial and Transitional. The proposed project includes a proposed change of the Transitional zone to General Commercial. The Transitional zone is to provide a zone to include land that is used for agriculture uses, in a transitory or interim use; however, the portion of the project site that is zoned for Transitional (portion of the site bordering Cypress Street) has not been in agriculture for many years. Instead, the area designated Transitional zone has been an asphalt and/or concrete parking lot supporting office and/or automobile dealership for many decades. The change in zoning will not result in the project causing significant and unavoidable environmental effects as discussed in this IS/MND. Furthermore, the proposed project includes a MU overlay zone that will allow the proposed commercial and residential uses on the project site. Section 18.32.030.130 of the City of Anaheim Municipal Code indicates that within the MU Overlay Zone, multiple-family dwellings require a Conditional Use Permit (CUP). Additionally, certain commercial uses typically found in mixed use developments such as restaurants and general retail are permitted uses, while any establishment City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 85 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc selling alcohol require a CUP. With the required CUP(s), the proposed project would be a permitted use within the MU Overlay Zone and considered consistent with surrounding land uses. The project site is located within the Anaheim Colony Historic District, which includes buildings already listed on the National Register of Historic Places, as well as structures that have been determined to be eligible for listing on the National Register, but have not been formally designated at this time. The City prepared the Anaheim Colony Historic District Preservation Plan in 1999 and The Anaheim Colony Vision, Principles and Design Guidelines in 2003. The Plan and the Guidelines include goals, objectives, and guidelines to preserve and protect historic buildings within the Anaheim Colony Historic District. One National Register-listed property, the Samuel Kraemer Building (circa 1925), a former bank building, is located on Claudina Street within the viewshed of the project site. The planned design of the proposed project has borrowed stylistic elements from this historic building, creating a compatibility of design concepts across the viewshed. The design of the complex borrows window and façade detailing to create a visual link with a prominent building in the Anaheim Colony Historic District, displaying a sensitivity to the overall historic character of the neighborhood. The proposed design features of the proposed project’s structures will result in consistency with the Anaheim Colony Historic District Preservation Plan and The Anaheim Colony Vision, Principles and Design Guidelines. Overall, the proposed project will result in less than significant impacts associated with applicable land use plans, policies, or regulations. c) Conflict with any applicable habitat conservation plan or natural communities conservation plan? No Impact. The project site is not located within the boundary of any Habitat Conservation Plan, Natural Community Conservation Plan, or any other approved habitat conservation plan. According to the City of Anaheim General Plan Green Element, a portion of the City generally south of SR-91 and east of SR-55 falls within the Orange County Central-Coast Sub-regional Natural Communities Conservation Plan (NCCP). This portion of the City is located approximately five miles east of the project site. Therefore, no impacts associated with conflicts with conservation plans would occur. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 86 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 11. Mineral Resources Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. According to the County of Orange General Plan Resources Element, mineral resources within the County are primarily limited to sand, gravel, and aggregate resources occurring in portions of the Santa Ana River, Santiago Creek, San Juan Creek, and Arroyo Trabuco. No mineral extraction activities occur on or adjacent to the project site, and no known mineral resources are present on the site or in the surrounding area. Therefore, no impacts associated with the loss of known mineral resources would occur. b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. As previously discussed, the County of Orange General Plan Resources Element states that mineral resources within the County, including the general project area, are limited to portions of the Santa River, Santiago Creek, San Juan Creek, and Arroyo Trabuco. No mineral extraction activities occur on or adjacent to the project site, and no locally-important mineral resources recovery site is present on the site or in the surrounding area. Therefore, no impacts associated with the loss of locally-important mineral resource recovery sites would occur. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 87 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 12. Noise Noise monitoring was performed using an Extech Model 407780 Type 2 integrating sound level meters. The Extech meter was programmed in “slow” mode to record the sound pressure level at 1-second intervals in A-weighted form. The sound level meter and microphone was mounted approximately five feet above the ground and equipped with a windscreen during all measurements. The sound level meter was calibrated before monitoring using an Extech calibrator, Model 407766. The noise level measurement equipment meets American National Standards Institute (ANSI) specifications for sound level meters (S1.4-1983 identified in Chapter 19.68.020.AA). The noise monitoring locations were selected in order to obtain noise measurements of the current noise sources impacting the project site and the project vicinity, and to provide a baseline for any potential noise impacts that may be created by development of the proposed project. The sites are shown in Exhibit 6. Appendix F, Noise Analysis, includes a photographic index of the study area and noise level measurement locations. The noise measurements were recorded between 11:28 hours and 12:54 hours on Monday, March 12, 2012. At the start of the noise monitoring, the temperature was 62°F, the sky was partly cloudy with calm wind conditions ranging between 0 and 3 mph. The noise measurements were taken at five (5) locations at the project site. The results of the noise level measurements are provided below in Table 11. Table 11: Existing Noise Level Measurements Site Location Description Leq LMAX LMIN Site 1 At the southeast corner of Pearson Park; ~115 feet northwest of the project site. 58.2 73.2 44.5 Site 2 Just south of the adjacent residential uses immediately north of the project site, ~50 feet north of the project site. 57.8 79.1 47.4 Site 3 On the western project site boundary adjacent to the existing egress/ingress driveway 59.8 74.0 46.1 Site 4 Just outside of the southern project site boundary adjacent to Lincoln Avenue. 76.8 103.1* 51.1 Site 5 Just outside of the eastern project site boundary adjacent to Anaheim Boulevard. 68.2 81.2 56.9 * High maximum due to a passing emergency vehicle. Refer to Appendix F for calculation tables. Source: Michael Brandman Associates, 2012. Would the project result in: City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 88 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant With Mitigation Incorporated. The City of Anaheim General Plan and Municipal Code contains standards that regulate the exposure of persons to or the generation of excessive noise levels. The General Plan Noise Element includes the following Goals and Policies regarding noise that are applicable to the proposed project: Goal 1.1 Protect sensitive land uses from excessive noise through diligent planning and regulation. Policies: 1) Update City regulations to adopt Land Use Compatibility for Community Noise Exposure and California Interior and Exterior Noise Standards as appropriate. 2) Continue to enforce acceptable noise standards consistent with health and quality of life goals and employ effective techniques of noise abatement through such means as a noise ordinance, building codes, and subdivision and zoning regulations. 3) Consider the compatibility of proposed land uses with the noise environment when preparing, revising or reviewing development proposals. 4) Require mitigation where sensitive uses are to be placed along transportation routes to ensure that noise levels are minimized through appropriate means of mitigation thereby maintaining quality of life standards. 5) Encourage proper site planning and architecture to reduce noise impacts. 6) Discourage the siting of sensitive uses in areas in excess of 65 dBA CNEL without appropriate mitigation. 7) Require that site-specific noise studies be conducted by a qualified acoustic consultant utilizing acceptable methodologies while reviewing the development of sensitive land uses or development that has the potential to impact sensitive land uses. 00550033 • 03/2012 | 6_noise_meter_loc.mxd Exhibit 6Noise Meter LocationsNORTHMichael Brandman Associates Source: ESRI Aerial Imagery. MBA Field Survey and GIS Data, 2012. CITY OF ANAHEIM • UPTOWN VILLAGEINITIAL STUDY/MITIGATED NEGATIVE DECLARATION Cypress St Cypress St Lincoln Ave Lincoln Ave Anahe im B lvd Anahe im B lvd Lemon S t Lemon S t 1 2 5 4 3 140 0 14070 Feet Legend Project Boundary Noise Meter Locations City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 91 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Goal 2.1 Encourage the reduction of noise from transportation-related noise sources such as motor vehicles, aircraft operations, and railroad movements. Policies 2) Employ noise mitigation practices, as necessary, when designing future streets and highways, and when improvements occur along existing road segments. Mitigation measures should emphasize the establishment of natural buffers or setbacks between the arterial roadways and adjoining noise-sensitive areas. 3) Require that development generating increased traffic and subsequent increases in the ambient noise level adjacent to noise-sensitive land uses provide appropriate mitigation measures. Goal 3.1 Protect residents from the effects of “spill over” or nuisance noise emanating from the City’s activity centers. Policies 1) Discourage new projects located in commercial or entertainment areas from exceeding stationary-source noise standards at the property line of proximate residential or commercial uses, as appropriate. 3) Enforce standards to regulate noise from construction activities. Particular emphasis shall be placed on the restriction of the hours in which work other than emergency work may occur. Discourage construction on weekends or holidays except in the case of construction proximate to schools where these operations could disturb the classroom environment. 4) Require that construction equipment operate with mufflers and intake silencers no less effective than originally equipped. 5) Encourage the use of portable noise barriers for heavy equipment operations performed within 100 feet of existing residences or make applicant provide evidence as to why the use of such barriers is infeasible. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 92 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc In addition to the Noise Element, the City of Anaheim Municipal Code contains the following ordinances regarding noise that are applicable to the proposed project: Chapter 6.70 Sound Pressure Levels Section 6.70.010 Established Sound produced in excess of the sound pressure levels permitted herein are hereby determined to be objectionable and constitute an infringement upon the right and quiet enjoyment of property in this City. No person shall within the City create any sound radiated for extended periods from any premises which produces a sound pressure level at any point on the property line in excess of sixty decibels (Re 0.0002 Microbar) read on the A-scale of a sound level meter. Readings shall be taken in accordance with the instrument manufacturer’s instructions, using the slowest meter response. The sound level measuring microphone shall be placed at any point on the property line, but not closer than three (3) feet from any wall and not less than three (3) feet above the ground, where the above listed maximum sound pressure level shall apply. At any point the measured level shall be the average of not less than three (3) readings taken at two (2) minute intervals. To have valid readings, the levels must be five (5) decibels or more above the levels prevailing at the same point when the source’s of the alleged objectionable sound are not operating. Sound pressure levels shall be measured with a sound level meter manufactured according to American Standard S1.4-1961 published by the American Standards Association, Inc., New York City, New York. Traffic sounds sound created by emergency activities and sound created by governmental units or their contractors shall be exempt from the applications of this chapter. Sound created by construction or building repair of any premises within the City shall be exempt from the applications of this chapter during the hours of 7:00 a.m. to 7:00 p.m. Additional work hours may be permitted if deemed necessary by the Director of Public Works or Building Official. (Ord. 2526 § 1 (part); June 18, 1968; Ord. 3400 § 1; February 11, 1975: Ord. 6020 § 1; April 25, 2006.) Chapter 18.32 Mixed Use (MU) Overlay Zone Section 18.32.130 Compatibility Standards City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 93 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc .020 Restriction on Activities) Commercial uses shall be designed and operated, and hours of operation limited, where appropriate, so that neighboring residents are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity. No use shall produce continual loading or unloading of heavy trucks at the site between the hours of 8 p.m. and 6 a.m. .030 Noise Standards) Residential portions of the project shall be designed to limit the interior noise caused by the commercial and parking portions of the project, to a maximum of forty-five (45) db CNEL on an annual basis in any habitable room with windows closed. Proper design may include, but shall not be limited to, building orientation, double or extra-strength windows, wall and ceiling insulation, and orientation and insulation of vents. Where it is necessary that windows be closed in order to achieve the required level, means shall be provided for ventilation/cooling to provide a habitable environment. .040 Vibrations and Odors) No use, activity or process shall produce continual vibrations or noxious odors that are perceptible, without instruments, by the average person at the property lines of the site, or within the interior of residential units on the site. An increase of 3 dBA is considered barely perceivable to most healthy ears. Typically, an increase of 5 dBA or greater is considered one of significance, as such an increase is considered readily perceptible. According to the City of Anaheim General Plan/Zoning Code Update EIR’s Noise Section 5.10.3, Thresholds of Significance: Mobile-source noise (i.e., vehicle noise) is preempted from local regulation, but is still subject to CEQA. Here, a change of 5 dBA would denote a significant impact if their resultant noise level were to remain within the objectives of the General Plan (e.g., 65 dBA (CNEL) at a residential location), or 3 dBA if the resultant level were to meet or exceed the objectives of the General Plan (Caltrans defines a noise increase as substantial when the predicted noise levels with the project would exceed existing noise levels by 12 dBA Leq.). Also note that an impact is only potentially significant if it affects a receptor. An increase in noise in an uninhabited location would not denote a significant impact. Long-Term Vehicular Noise The Traffic Impact Analysis (Appendix G) prepared for the proposed project determined which roadways are likely to be affected by vehicles accessing the proposed project. Average daily traffic (ADT) volumes for those roadways under various scenarios were calculated and off-site noise levels were calculated along roadway segments in the project study area for the following scenarios: existing conditions; existing plus project conditions; year 2015 conditions with project, and year 2015 City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 94 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc conditions without project. Table 12 shows the traffic noise levels generated on the surrounding roadways within the project study area. As shown, the difference in traffic noise from the existing conditions is the increase in noise attributable to project-related traffic at buildout. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 95 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 12: Noise Levels 50 feet from Roadway Centerline Existing (2011) Existing Plus Project 2015 E + P 2015 w/o Project 2015 + Project Road Segment ADT dB CNEL ADT Total Project-Specific Increase ADT dB CNEL ADT Total Project-Specific Increase Anaheim Boulevard South of La Palma Avenue 17,421 70.1 17,791 70.2 0.1 18,128 70.3 19,378 70.6 0.3 South of Sycamore Street 18,777 70.4 19,187 70.5 0.1 19,539 70.6 20,829 70.9 0.3 South of Cypress Street 19,604 70.6 20,574 70.8 0.2 20,400 70.8 22,250 71.2 0.4 South of Lincoln Avenue 19,455 70.6 19,965 70.7 0.1 20,245 70.8 24,275 71.6 0.8 South of Broadway 19,784 70.7 20,244 70.8 0.1 20,587 70.8 24,567 71.6 0.8 Cypress Street East of Lemon Street 889 57.2 2,339 61.4 4.2 925 57.4 2,375 61.5 4.1 Lemon Street South of Cypress Street 2,047 60.8 2,877 62.3 1.5 2,130 61.0 2,960 62.4 1.4 Harbor Boulevard South of Lincoln Avenue 25,442 71.8 25,562 71.8 0.0 26,475 71.9 26,595 71.9 0.0 Lincoln Avenue East of Harbor Boulevard 25,433 71.8 26,243 71.9 0.1 26,466 71.9 29,036 72.3 0.4 East of Clementine Street 23,960 71.5 24,770 71.6 0.1 24,933 71.7 27,503 72.1 0.4 East of Lemon Street 22,865 71.3 23,095 71.3 0.0 23,793 71.5 25,783 71.8 0.3 East of Anaheim Boulevard 22,366 71.2 22,826 71.3 0.1 23,274 71.4 24,614 71.6 0.2 West of Olive Street 20,638 70.8 21,098 70.9 0.1 21,476 71.0 22,816 71.3 0.3 Notes: * The uniform distance of 50 feet allows for direct comparisons of potential increases or decreases in noise levels based upon various traffic scenarios; however, at this distance, no specific noise standard necessarily applies. Refer to Appendix F for calculation tables. Source: Federal Highway Administration, Traffic Noise Model, Version 2.5, 2012 City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 96 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc A maximum noise increase of 4.2 dBA due to project-related traffic would occur along the segment of Cypress Street, east of Lemon Street (see Appendix F, Noise Analysis, for calculation table). Per the City of Anaheim General Plan Noise Element, a change of 5 dBA would denote a significant impact. Since the increase in noise levels for the existing plus project conditions and the year 2015 with project conditions over the existing conditions is less than this 5 dBA threshold of significance, a significant impact associated with off-site vehicular noise would not occur. Future (year 2015 conditions with project ) noise impacts related to vehicular traffic were modeled using a version of the Federal Highway Administration (FHWA) Traffic Noise Prediction Model (FHWA-RD-77-108), as modified for CNEL and the “Calveno” energy curves. Site-specific information is entered, such as roadway traffic volumes, roadway active width, source-to-receiver distances, travel speed, noise source and receiver heights, and the percentages of automobiles, medium trucks, and heavy trucks that the traffic is made up of throughout the day, amongst other variables. Interior noise levels are determined by reducing the level of noise impacting a building’s facade, by the attenuation properties provided by that building’s construction materials. Because detailed architectural plans were not available for analysis at the time this study was prepared, typical assumptions have been applied. The typical structural attenuation of residential buildings is approximately 20 dBA. Typical commercial/industrial building practices provide a minimum of approximately 25 dBA of noise attenuation. Table 13: Interior Noise Levels Road Location Distance to Receiver from Centerline of Road (feet) Calculated Exterior Noise Level (dBA CNEL) Estimated Interior Noise Level (dBA CNEL) Exterior 90 53.3 — First floor façade 90 54.6 34.6 Second floor façade 90 54.5 34.5 Third floor façade 90 54.4 34.4 Cypress Street Fourth floor façade 90 54.2 34.2 Exterior 44 57.3 — First floor façade 44 57.3 37.3 Second floor façade 44 57.1 37.1 Third floor façade 44 56.9 36.9 Lemon Street Fourth floor façade 44 56.6 36.6 City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 97 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 13 (cont.): Interior Noise Levels Road Location Distance to Receiver from Centerline of Road (feet) Calculated Exterior Noise Level (dBA CNEL) Estimated Interior Noise Level (dBA CNEL) Exterior 69 66.7 — First floor façade 69 66.7 46.7 Second floor façade 69 66.6 46.6 Third floor façade 69 66.5 46.5 Lincoln Avenue Fourth floor façade 69 66.4 46.4 South Anaheim Boulevard Exterior of retail building 74 65.9 40.9 Notes: Refer to Appendix F for calculation tables. Source: Michael Brandman Associates, 2012. Table 13 shows that the first floor façade of the building adjacent to Lincoln Avenue will be exposed to a noise level of 66.7 dBA, in excess of the 65 dBA residential standard. The floors above are also exposed to exterior levels higher than 65 dBA. As a result, interior noise levels would exceed the 45 dBA (CNEL) interior standard established by the State of California Interior and Exterior Noise Standards, as shown on Table N-3 in the Noise Element of the City of Anaheim General Plan. According to the Goal 1.1, Policy 4 contained in the Noise Element, mitigation is required where sensitive uses are placed along transportation routes to ensure that noise levels are minimized through appropriate means of mitigation, thereby maintaining quality of life standards. Exterior noise mitigation, such as walls or berms are not permitted at this location. To reduce the interior noise impacts to the acceptable level of 45 dBA (CNEL) or below, windows and doors with a Sound Transmission Class (STC) rating of 22 or higher will need to be incorporated into the construction of units adjacent to Lincoln Avenue. Mitigation Measure NOI-1 shall be implemented during construction of the project. With incorporation of Mitigation Measure NOI-1, a significant impact associated with interior noise levels would not occur. Standard construction practices will be sufficient to reduce interior noise levels to less than 45 dBA for units along Cypress Street and Lemon Street. Interior noise levels within the commercial uses adjacent to south Anaheim Boulevard will be well below the interior noise standard of 50 dBA for commercial uses. MM NOI-1 Double or extra-strength windows and doors with an STC rating of 22 or higher shall be installed in all residential units adjacent to Lincoln Avenue. Interior noise levels must then be checked to ensure interior noise levels are at or below 45 dB (CNEL). Where it is necessary that windows be closed in order to achieve the required level, means shall be provided for ventilation/cooling shall be included to provide a habitable environment. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 98 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Long-Term Stationary Noise Residential Uses The proposed project is a mixed use residential and commercial use. The residential portion would not be considered a substantial source of stationary noise. The proposed project would also include facilities such as a pool, clubhouse, and fitness center that would be centrally located within the building. The proposed buildings would shield the adjacent land uses from the minimal noise generated by residents using these amenities. Therefore, stationary noise levels from the proposed residential uses would be less than significant. Commercial/Retail Uses Commercial/retail uses are proposed for the eastern portion of the project site. The bulk of the residential portion would be shielded from activities at the commercial/retail uses by the three-story parking garage structure proposed for the middle of the project site. The one-bedroom, one-bathroom residential unit proposed for the southeastern edge of the residential portion would not be shielded by the parking garage. However, this particular residential unit would be nearest to the rear of the 9,800 sq ft commercial/retail space proposed for the southeastern corner of the building, with the retail structure itself shielding this specific residential unit from the activities closer to the center of the commercial/retail uses. Therefore, stationary noise levels from the proposed commercial/retail uses would be less than significant. Parking Garage and Exterior Parking Lot The predominant noise sources associated with parking garage activities include car doors slamming; cars starting; cars accelerating away from the parking stalls; car alarms being activated; brake squeal; and suspension squeal when vehicles pass over speed bumps. Activities at the parking structure would be sporadic in nature, occurring throughout the day with the highest concentration of activities during the peak morning and afternoon periods. Parking garage activities would generate an average hourly noise level of 57 dBA at a distance of 50 feet. This is less than the 65 dBA residential standard. Therefore, stationary noise levels from the proposed parking garage would be less than significant. An uncovered exterior parking lot is also proposed along the northern portion of the project site and would involve similar activities and generate similar noise impacts (approximately 57 dBA) as the parking garage. The noise associated with parking structure/lot activities would be overshadowed by the traffic noise along Cypress Street and is slightly lower than the noise levels already experienced by residents in this area (57.8 dBA Leq and 79.1 dBA Lmax). Therefore, stationary noise levels from the proposed exterior parking lot would be less than significant. Short-Term Stationary Noise As discussed in Section 12d), short-term construction noise impacts would be less than significant because construction noise is exempt from the City of Anaheim Municipal Code and noise levels City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 99 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc would not exceed the OSHA standard. Although construction noise levels are anticipated to be less than significant, the following conditions of approval would further reduce construction noise levels. • All construction equipment shall use available noise suppression devices and properly maintained mufflers. All internal combustion engines used in the project area shall be equipped with the type of muffler recommended by the vehicle manufacturer. In addition, all equipment shall be maintained in good mechanical condition to minimize noise created by faulty or poorly maintained engine, drive train, and other components. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receptors and as far as possible from the boundary of the residential use. • The construction contractor shall post a sign, clearly visible onsite, with a contact name and telephone number of the owner’s authorized representative to respond in the event of a noise complaint. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. The human response to vibration greatly depends on whether the source is continuous or transient. Continuous sources of vibration include certain construction activities, while transient sources include large vehicle movements. Generally, thresholds of perception and agitation are higher for continuous sources. Table 14 illustrates the human response to both continuous and transient sources of groundborne vibration. Table 14: Human Response to Groundborne Vibration Peak Particle Velocity (inches/second) Continuous Transient Human Response 0.40 2.00 Severe 0.10 0.90 Strongly perceptible 0.04 0.25 Distinctly perceptible 0.01 0.04 Barely perceptible Source: California Department of Transportation, 2004. Typically, developed areas are continuously affected by vibration velocities of 50 VdB or lower. These continuous vibrations are not noticeable to humans whose threshold of perception is around 65 VdB. Offsite sources that may produce perceptible vibrations are usually caused by construction City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 100 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc equipment, steel-wheeled trains, and traffic on rough roads, while smooth roads rarely produce perceptible groundborne noise or vibration (Table 15). Acceptable vibration levels for an office environment would be 84 VdB, while levels for a residential use would be 78 VdB. Table 15: Vibration Levels Generated by Construction Equipment Equipment Peak Particle Velocity (inches/second) at 25 feet Approximate Vibration Level (LV) at 25 feet Pile driver (impact) 1.518 (upper range) 0.644 (typical) 112 104 Pile driver (sonic) 0.734 upper range 0.170 typical 105 93 Clam shovel drop (slurry wall) 0.202 94 Hydromill (slurry wall) 0.008 in soil 0.017 in rock 66 75 Vibratory Roller 0.210 94 Hoe Ram 0.089 87 Large bulldozer 0.089 87 Caisson drill 0.089 87 Loaded trucks 0.076 86 Jackhammer 0.035 79 Small bulldozer 0.003 58 Source: Transit Noise and Vibration Impact Assessment, Federal Transit Administration, May 2006. While long-term operations of the proposed project would not generate excessive groundborne vibration or groundborne noise levels, short-term construction activities could potentially introduce groundborne vibration to the project site and the surrounding area. Specialty construction equipment such as pile drivers or large earthmovers, as well as specific construction activities such as well drilling, can be a continuous source of excessive groundborne vibration. Construction of the proposed project would not require the use of equipment such as pile drivers, which are known to generate substantial construction vibration levels. The primary source of vibration during project construction would likely be from a bulldozer (tractor), which would generate 0.089 inch per second PPV at 25 feet with an approximate vibration level of 87 VdB. The vibration from the bulldozer would be intermittent and not a source of continual vibration. The closest sensitive receptors to the project site include the residential uses located north of the site, approximately 52 feet from the northern project boundary. The bulldozer, however, would primarily be used during demolition of the existing onsite building, and would operate on average approximately 220 feet from the closest sensitive receptor. It is anticipated that vibration levels City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 101 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc generated by a bulldozer and experienced at the nearest offsite structure would be less than 50 VdB, well below the acceptable level of 78 VdB for residential (sensitive) uses during the day. While grading and earthmoving activities would occur on the project site, the use of pile drivers, large earthmovers, and other construction equipment and activities associated with groundborne vibration are not expected to occur. Demolition of the existing onsite building would not require the use of blasting, wrecking ball, or other groundborne vibration-generating equipment. Therefore, impacts associated with excessive groundborne vibration or groundborne noise levels would be less than significant. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant With Mitigation Incorporated. As previously described in Section 12a), increases in long-term noise levels related to the proposed project could be significant. However, Mitigation Measure NOI-1 is recommended to reduce noise levels on proposed residential uses along Lincoln Avenue to less than significant. Less than significant long-term noise impacts on uses in the project vicinity would occur as described in Section 12a). d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact. The City of Anaheim’s Noise Ordinance regulates the timing of construction activities. No construction shall be permitted outside of the hours specified in Chapter 6.70 of the City’s Municipal Code. The City restricts construction activities to the daytime hours of 7:00 AM and 7:00 PM. The potential for construction noise to become objectionable depends on the magnitude of noise generated by the construction equipment, the frequency of noise sources during the construction day, and total duration of construction activities. Construction activities would comply with the City of Anaheim Municipal Code, which limits the hours of construction. Overall, construction activities would be restricted to the least noise-sensitive portions of the day, maximum noise levels would be infrequent throughout the workday, and construction noise would conclude once the proposed project is completed. The nearest existing residential uses to the project site include the residential uses located north of the site, approximately 52 feet from the northern project boundary. The backyards (useable space) of these residential uses are separated from Cypress Street and the project site by an existing 5-foot block wall, which would further reduce noise levels. Grading is considered the noisiest phase of construction. As such, the anticipated grading equipment was modeled. Modeling for construction-related noise was performed using the U.S. Department of City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 102 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Transportation Federal Highway Administration’s (FHWA) Roadway Construction Noise Model (RCNM). The RCNM is the FHWA national model used for the prediction of construction-related noise and to determine compliance with noise limits for a variety of types of construction projects of varying complexity. The RCNM includes an extensive compilation of built-in reference noise levels for dozens of types of construction-related equipment based on manufacturer and actual monitored sources. The results from RCNM analysis are shown in Table 16 below. Table 16: Construction Equipment Noise Levels Equipment Description Noise Level (Lmax dBA) at 50 feet Distance to Receptor (feet) Maximum Noise Level (Lmax dBA) at Receptor1 Average Noise Level (Leq dBA) at Receptor1, 2 Grader 85 220 72.1 68.2 Excavator 80.7 220 67.8 63.9 Dozer 81.7 220 68.8 64.8 Tractor 84 220 71.1 67.2 Notes: 1 Noise levels are based on an average distance, which would be from the center of the project site to the edge of the residential property line. 2 Represents the noise level averaged over the time the equipment is operated (not a 24- hr average level, such as CNEL or Ldn), if the equipment was continually used. Source: FHWA Roadway Construction Noise Model (Appendix F). Typical operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Therefore, noise levels fluctuate during construction activities. Although there would be a relatively high single event noise exposure potential, resulting in potential short-term intermittent annoyances, the effect in long- term ambient noise levels would be small when averaged over longer time (24 hours for CNEL). As shown by the ambient noise level measurements in Table 11, the maximum noise levels in the project vicinity can be as high as 103.1 dBA (Lmax), or 81.2 dBA (Lmax) without emergency vehicles. The results shown in Table 16 show that construction equipment would generate maximum noise levels of 72.1 dBA (Lmax) at 220 feet. Although the nearest existing residential uses to the project site are located approximately 52 feet from the northern project boundary, the majority of grading activities would occur towards the central portion of the site, at an average distance of 220 feet from these sensitive receptors. Noise generated from construction equipment would be transitory, intermittent, and not a source of continuous noise. As mentioned previously, Section 6.70.010 of the City of Anaheim Municipal Code states, “Sound created by construction or building repair of any premises within the City shall be exempt from the applications of this chapter during the hours of 7:00 a.m. to 7:00 p.m.” City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 103 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc While exempt from local statutes, since some construction activities could still result in higher noise levels, a noise threshold utilizing the Occupation Safety and Health Administration (OSHA) agency limits of noise exposure is used. Identifying a significance threshold using an OSHA standard is considered conservative. The OSHA standard is limiting noise exposure of workers to 90 dB or less over 8 continuous hours, or 105 dB or less over 1 continuous hour. For the purpose of analyzing potential noise impacts using the OSHA-established noise threshold, onsite construction noise levels that could expose residents or workers to more than 90 dB for over 8 continuous hours, or more than 105 dB for over 1 continuous hour are considered a significant noise impact. As shown in Table 17, noise levels attributed to the onsite use of construction equipment would not exceed 85 dBA (Lmax) at 50 feet. As previously addressed, these noise levels would fluctuate during the workday. However, construction noise would not exceed either the OSHA-established eight or one hour noise threshold. Therefore, based on proceeding analysis, impacts associated with construction noise would be less than significant. The conditions of approval identified in Section 12a) above would further reduce construction noise levels. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The proposed project is not located within an airport land use plan or within two miles of a public use airport. The nearest public use airport is the Fullerton Municipal Airport, which is located approximately 4.2 miles northwest of the project site. Additionally, John Wayne Airport, is located approximately 11 miles southeast of the project site. Any coincidental air traffic above the project site would occur at a higher elevation that would not generate substantial noise levels on the site. Therefore, no impacts associated with public use airports would occur. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. No private airstrips are located within the vicinity of the project site. The City of Anaheim contains only heliports and helistops and does not contain any airstrips. As previously discussed, any coincidental air traffic above the project site would occur at a higher elevation that would not generate substantial noise levels on the site. Therefore, no impacts associated with private airstrips would occur. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 104 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 13. Population and Housing Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact. The City of Anaheim General Plan Land Use Element provides a blueprint for the future development of the City. The Land Use Element identifies 16,449 acres of residential land uses, including 614 acres of mixed use land uses, and a projected 131,385 total dwelling units housing 404,263 persons at buildout. According to Table LU-5 on page LU-40 of the Land Use Element, this buildout population projection is based upon a factor of 3.3 persons per household in residential areas, and 1.5 persons per household in mixed use areas. Using the factor of 1.5 persons per household in mixed use areas, as identified in the Land Use Element, the proposed project would provide housing for approximately 330 residents (220 total units multiplied by 1.5 persons per household results in 330 people). Figure 2-1 on page 2-3 of the City of Anaheim General Plan Housing Element indicates that, at the time of publication, the City anticipated an additional 15,450 new residents between 2010 and 2020. Based on 330 residents, the number of new residents generated by the proposed project would represent approximately two-percent of the 15,450 new residents already expected by the City. According to the City of Anaheim General Plan, a total of 131,385 dwelling units are anticipated within the City’s planning areas at buildout. As of 2010, the U.S. Census Bureau reports that 104,237 residential units exist in the City, leaving a remaining capacity of 27,148 new dwelling units. The proposed project would include 220 new residential units, which would help the City meet its need for dwelling units at buildout. The City of Anaheim General Plan Housing Element provides an overview of existing housing needs in the City. In particular, the Housing Element identifies general reasons that help further explain the City’s future housing needs, including needs resulting from overcrowding and needs resulting from population growth and demolition of the existing housing stock. The Housing Element acknowledges that the City’s current availability of two-bedroom units and larger fails to meet existing needs to accommodate larger families. The proposed project would include a balanced mix of studio units, one-bedroom units, and two-bedroom units that would meet the needs of both individuals and families, while potentially offering an alternative to families currently experiencing overcrowding. Additionally, based upon the U.S. Energy Information Agency’s metric of 945 sq ft of floor space per retail/service employee, the 18,000 sq ft of proposed commercial/retail space would generate approximately 19 employees. It is anticipated that the majority of these employment opportunities City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 105 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc would be filled by residents of the proposed project or by local residents. The roughly 19 employees estimated to operate the first-floor retail operations would represent a nominal percentage of the City of Anaheim’s total population and would not represent a substantial increase in total population. Moreover, as previously discussed, the City’s General Plan has anticipated and accounted for an increase in population. Therefore, based upon the above, impacts associated with population growth would be less than significant. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact. In its existing condition, the project site consists of a vacant 25,000 sq ft commercial building and an associated parking lot. Currently, no residential uses occur on the project site. Additionally, no element of the proposed project would conflict with any of the surrounding residential uses. As a result, the proposed project would not displace any numbers of existing housing. Therefore, no impacts associated with the displacement of existing housing would occur. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. As previously discussed, no residential uses currently occur on the project site, and the proposed project would not displace any number of existing housing. As such, the proposed project would not displace any numbers of people. Therefore, no impacts associated with the displacement of people would occur. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 106 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 14. Public Services Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? Less Than Significant Impact. The Anaheim Fire Department (AFD) provides fire protection services in the City of Anaheim. The AFD operates 12 fire stations comprised of 10 engine companies and five truck companies, and employees 227 firefighters, six battalion chiefs, and various other support staff. The Department is responsible for all fire, rescue, and medical aid calls in the City. In addition to these responsibilities, the Department is also charged with maintaining both a Type I Haz Mat Response unit and an Urban Search and Rescue Team. Downtown Station No. 1 (500 E. Broadway) is the closest fire station to the project site, located approximately 0.6 miles via local roads from the site. Downtown Station No. 1 houses Paramedic Engine 1, Engine 21, and Truck 1. The second nearest fire station to the project site is Stadium Station No. 7 (2222 E. Ball Road), which is located roughly 2.75 miles via local roads from the site (City of Anaheim 2012a). The AFD maintains a response time goal that requires the first engine company to respond within five minutes to 90-percent of all incidents, and eight minutes to the remaining 10-percent. The AFD also requires a maximum of 10 minutes for the first truck company to respond to 100-percent of all incidents (City of Anaheim 2012a). In an email correspondence (Appendix H, Public Services) dated April 5, 2012, Rusty Coffelt, Deputy Chief of Support Services with the AFD provided information that stated that in 2010, the average total travel time for incidents was five minutes, eighteen seconds for all calls. Based on the relatively short distance between the project site and Downtown Station No. 1, engine and truck companies would be able to respond to the site within AFD’s response time goal. As such, the AFD would be able to maintain its response time goals without construction of new or expansion of existing AFD facilities. Therefore, impacts associated with fire protection services and facilities would be less than significant. b) Police protection? Less Than Significant Impact. The Anaheim Police Department (APD) provides police protection services in the City of Anaheim. The APD operates out of its Headquarters (425 S. Harbor Boulevard), East Station (8201 E. Santa Ana Canyon Road), and West Station (320 S. Beach Boulevard), and employees 400 sworn officers and a support staff of over 173. The Department is City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 107 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc responsible for patrol, investigations, traffic enforcement, traffic control, vice and narcotics enforcement, airborne patrol, crime suppression, community policing, tourist-oriented policing, and detention facilities (City of Anaheim 2012b). In a written correspondence (Appendix H, Public Services) dated March 28, 2012, Lieutenant Jarret Young of the APD states the APD has a response time goal of eight minutes to any Priority 1 Calls. The approximate average response time of patrol units to Priority 1 emergency calls throughout the jurisdiction is an average of 6.1 minutes. The response times for non-emergency Priority 2 and Priority 3 calls are an average of 8.6 minutes and 19.2 minutes, respectively (City of Anaheim 2012b). The APD does not currently have a service ratio based on population of a particular service area. According to the written correspondence, the APD would not need to expand existing or construct new facilities to maintain acceptable response times or other performance objectives. Therefore, impacts associated with police protection services and facilities would be less than significant. c) Schools? Less Than Significant Impact. The Anaheim City School District (ACSD) provides elementary school services (Kindergarten through Sixth Grade) for students in the project area. The ACSD is comprised of 24 schools located throughout a greater portion of the City (Anaheim City School District 2012). The ACSD’s 2010-2030 Facilities Master Plan indicates that after peaking at 22,426 enrolled students during the 2001-2002 school year, enrollment currently sits at 19,274 students for the 2011-2012 school year. The ACSD currently has capacity for 22,425 students, which represents a 3,151-seat surplus (Anaheim City School District 2011). Franklin Elementary (521 W. Water Street) is the closest ACSD school to the project site, located approximately 0.66 miles southwest of the site. The Anaheim Union High School District (AUHSD) provides intermediate school services (Seventh and Eighth Grades) and high school services (Ninth through Twelfth Grades) for students in the project area. The AUHSD is comprised of 20 schools located throughout the central and western portions of the City (Anaheim Union High School District 2012). The California Department of Education indicates that enrollment sat at 33,049 students for the 2010-2011 school year (California Department of Education 2010). Sycamore Junior High School (1801 E. Sycamore Street) and Anaheim High School (811 W. Lincoln Avenue) are the closest AUHSD schools to the project site, located approximately 1.25 miles northeast and roughly 0.55 miles west, respectively, of the site. Using the student generation rate found in ACSD’s 2008 Fee Justification Report for New Residential and Commercial/Industrial Development, multifamily residential uses generate elementary school students at 0.3609 students per dwelling unit. At 220 residential units, the proposed project could generate approximately 80 elementary school students. Additionally, to determine the amount of intermediate school and high school students that the proposed project would produce, student City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 108 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc generation rates found in the Public Services and Facilities section of the City of Anaheim General Plan/Zoning Code Update EIR were used. According to these generation rates, multifamily residential uses produce intermediate school students at 0.013 students per dwelling unit and high school students at 0.032 students per unit. At 220 residential units, the proposed project would generate approximately three intermediate school students and roughly seven high school students. In an email correspondence (Appendix H, Public Services) dated March 26, 2012, Tom Rizzuti, Director of Facilities and Planning with the ACSD stated that the ACSD continues to be overcrowded, with five schools currently on a multi-track year round calendar and over 200 portable classrooms presently in use. The correspondence concluded that while the project in and of itself may or may not create the need for additional school facilities, when coupled with other residential projects throughout the ACSD’s enrollment boundary, the combined projects would exacerbate the need for additional facilities and result in potentially significant impact to the ACSD. While the proposed project would generate a more modest amount of intermediate and high school students when compared with elementary students, the AUHSD is also currently experiencing the effects of overcrowding and aging facilities. Similarly, the project in and of itself may or may not create the need for additional school facilities, and when coupled with other similar projects that would also generate new students, would result in potentially significant impacts to the AUHSD. Per SB 50 (also know as Proposition 1A and codified as Government Code Section 65995), school districts are permitted to levy development fees to support school construction necessitated by that development and receive a 50-percent match from State bond money. According to Table 3-17 on page 3-37 of the City of Anaheim General Plan Housing Element, the Applicant would be accessed a School Facilities fee of $2.63 per sq ft. These fees would help facilitate construction of new and the improvement and modernization of existing facilities. These fees would assist in offsetting any of the potentially significant effects due to the proposed project’s contribution to an increase in student populations. Therefore, based upon the mandatory fair share payment of School Facilities fees, impacts associated with school services and facilities would be less than significant. d) Parks? Less Than Significant Impact. The proposed project would include 220 residential units that would house approximately 330 residents. At least a portion of these residents are anticipated to patronize the various existing pocket, neighborhood, and community parks, as well as nature centers and specialized recreational facilities operated by the City of Anaheim. The closest park to the project site is the 19-acre Pearson Park, which is located immediately to the northwest of the site and provides a wide range of passive and active recreational opportunities. Other parks occur in the project area, including the 0.2-acre Colony Park, the 3.0-acre George Washington Park, and the Downtown Community Center. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 109 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc The 1975 Quimby Act (California Government Code Section 66477) authorizes the City of Anaheim to require developers to pay fees as a means of ensuring adequate provision of parkland. According to Table 3-17 on page 3-37 of the City of Anaheim General Plan Housing Element, the Applicant would be accessed a In-Lieu Park Facilities fee based on the number of dwelling units. These fees would help offset any effects due to the proposed project’s contribution to an increase in population and a subsequent increase in park patronage. Therefore, based upon the proceeding, impacts associated with park services and facilities would be less than significant. e) Other public facilities? Less Than Significant Impact. The proposed project would include 220 residential units that would house approximately 330 residents. At least a portion of these residents are anticipated to patronize local library branches operated by the City of Anaheim. The City of Anaheim Public Library system consists of a Central Library, five branches, the Heritage House (former Carnegie Library), and a Bookmobile. The Central Library (500 W. Broadway) is the closest library facility to the project site and is the largest library in the Anaheim Public Library system. According to the Public Services and Facilities section of the City of Anaheim General Plan/Zoning Code Update EIR, there are approximately 330,000 people in the Anaheim Public Library system. The proposed project is projected to add approximately 330 residents, which represents roughly 0.1- percent of the existing Anaheim residents that are served by the Anaheim Public Library system. The proposed project’s additional population is considered nominal, and therefore, impacts associated to library services and facilities would be less than significant. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 110 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 15. Recreation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less Than Significant. As discussed previously in Section 3.14, Public Services, Threshold d), at least a portion of the proposed project’s residents are anticipated to patronize the various existing pocket, neighborhood, and community parks, as well as nature centers and specialized recreational facilities operated by the City of Anaheim. The closest park to the project site is the 19-acre Pearson Park, which is located immediately to the northwest of the site and provides a wide range of passive and active recreational opportunities. Other parks occur in the project area, including the 0.2-acre Colony Park, the 3.0-acre George Washington Park, and the Downtown Community Center. The 1975 Quimby Act (California Government Code Section 66477) authorizes the City of Anaheim to require developers to pay fees as a means of ensuring adequate provision of parkland. According to Table 3-17 on page 3-37 of the City of Anaheim General Plan Housing Element, the Applicant would be accessed a In-Lieu Park Facilities fee based on the number of dwelling units. These fees would help offset any effects due to the proposed project’s contribution to an increase in population and a subsequent increase in park patronage. Additionally, these fees, in part, would go towards the maintenance of existing recreational facilities to prevent physical deterioration. Therefore, impacts associated with the increased use of existing recreational facilities would be less than significant. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Less Than Significant Impact. The proposed project would include several private recreational facilities, including fitness center, clubhouse/community room, and swimming pool and spa area. Use of these recreational facilities would be limited to residents and their guests, and operation and maintenance would be the sole responsibility of the Applicant. The environmental effects of construction and operation of these facilities are analyzed within this IS/MND as part of the overall proposed project. As previously addressed, at least a portion of the proposed project’s residents are anticipated to patronize the various existing pocket, neighborhood, and community parks, as well as nature centers and specialized recreational facilities operated by the City of Anaheim. In an effort to offset any effects due to the proposed project’s contribution to an increase in population and a subsequent increase in park patronage, the Applicant would be accessed an In-Lieu Park Facilities fee, as regulated by the City, based on the number of dwelling units. These fees, in part, would go towards the construction or expansion of recreational facilities and the mitigating of their potential physical City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 111 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc effect on the environment. Therefore, impacts associated with the construction or expansion of recreational facilities would be less than significant. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 112 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 16. Transportation/Traffic The following analysis summarizes the Traffic Impact Analysis report prepared for the proposed project and included as Appendix G of this IS/MND, which provides a detailed analysis and a description of the forecasting methodology used. Study Area The proposed project is located at the northwest corner of Anaheim Boulevard and Lincoln Avenue within the Downtown Anaheim area. The project site is bounded by Cypress Street to the north, Lincoln Avenue to the south, Lemon Street to the west, and Anaheim Boulevard to the east. The study area is generally bounded by La Palma Avenue to the north, South Street to the south, East Street to the east, and the Santa Ana Freeway (I-5) Freeway to the west. Twelve existing study intersections and 13 existing roadway segments were approved by the City of Anaheim for analysis. The study intersections are: 1. Anaheim Boulevard and Sycamore Street 2. Anaheim Boulevard and Cypress Street 3. Anaheim Boulevard and Lincoln Avenue 4. Anaheim Boulevard and Broadway 5. Anaheim Boulevard and Santa Ana Street 6. Lemon Street and Cypress Street 7. Harbor Boulevard and Lincoln Avenue 8. Clementine Street and Lincoln Avenue 9. Lemon Street and Lincoln Avenue 10. Olive Street and Lincoln Avenue 11. East Street and Lincoln Avenue 12. Harbor Boulevard and Broadway The roadway segments are: 1. Anaheim Boulevard south of La Palma Avenue 2. Anaheim Boulevard south of Sycamore Street 3. Anaheim Boulevard south of Cypress Street 4. Anaheim Boulevard south of Lincoln Avenue 5. Anaheim Boulevard south of Broadway 6. Cypress Street east of Lemon Street 7. Lemon Street south of Cypress Street 8. Harbor Boulevard south of Lincoln Avenue 9. Lincoln Avenue east of Harbor Boulevard 10. Lincoln Avenue east of Clementine Street 11. Lincoln Avenue east of Lemon Street City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 113 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 12. Lincoln Avenue east of Anaheim Boulevard 13. Lincoln Avenue east of Olive Street Existing Setting The roadway network within the study area consists of arterial roadways and local streets that form a grid system. Selected arterials that are located in the vicinity of the project site are below. Lincoln Avenue: Lincoln Avenue is a six-lane Primary Arterial divided by a landscaped median that travels east and west through the study area. Bicycle lanes are not provided on Lincoln Avenue within the study area and on-street parking is not permitted. The corridor is a vital link through downtown Anaheim and is served by Orange County Transportation Agency (OCTA) bus route 42. Anaheim Boulevard: Anaheim Boulevard is a north-south roadway designated as a Primary Arterial in the City of Anaheim Circulation Element. The roadway consists of two lanes in each direction with a landscaped median. There is currently no striping provided for bicycle lanes along Anaheim Boulevard. On-street parking is permitted in some segments along the roadway within the vicinity of the study area. Harbor Boulevard: Harbor Boulevard is designated as a Major Arterial in the City’s Circulation Element and provides north-south connection within the study area. The roadway consists of two lanes in each direction with a landscaped median. There is currently no striping provided for bicycle lanes. On-street parking is not permitted along the roadway within the vicinity of the study area. Clementine Street: Clementine Street is a roadway providing north and south connection between Santa Ana Street to the south and Lincoln Avenue to the north. The roadway consists of one lane in each direction, a landscaped median, and left-turn pockets at intersections. Lemon Street: Lemon Street is a two-lane undivided roadway that travels north and south through the study area. On-street parking is permitted on both sides of the roadway in the residential portions along the roadway. Olive Street: Olive Street is designated as a Collector Street in the City’s Circulation Element and provides north-south connection within the study area. The roadway consists of one-lane in each direction, and is divided by freight railroad tracks south of Santa Ana Street. The roadway is undivided north of Santa Ana Street. East Street: East Street is designated as a Secondary Arterial in the City’s Circulation Element and travels north and south through the study area. Sycamore Street: Sycamore Street is a two-lane undivided roadway that travels east and west through the study area. The City of Anaheim Circulation Element classifies Sycamore Street as a Collector Street. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 114 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Cypress Street: Cypress Street is a two-lane undivided roadway that travels east and west through the study area. Broadway: Broadway is a four-lane undivided roadway that travels east and west through the study area. The City of Anaheim Circulation Element classifies Broadway as a Secondary Arterial. A landscaped median is provided between Lemon Street and Harbor Boulevard. On-street parking is generally not permitted except along a few segments that are striped green for short-term parking. Santa Ana Street: Santa Ana Street is a two-lane undivided roadway that travels east and west through the study area. Freight railroad track serves as a center divider west of Olive Street. The City of Anaheim Circulation Element classifies Sycamore Street as a Collector Street. Impact Criteria and Thresholds The significance of project-generated traffic impacts at intersections is determined by calculating the projected volume-to-capacity (V/C) change from the no project conditions to with project conditions. A project’s traffic impact is considered to be significant if the change in capacity relative to the level of service (LOS) meets or exceeds the thresholds contained in Table 17. For the purpose of this analysis, a significant impact occurs at an unsignalized intersection when there is a decrease in LOS by one level or more for locations operating at LOS D, E, or F. Table 17: Significant Impact Criteria for Intersections Level of Service Final V/C Ratio Project-Related Increase in V/C C >0.700 to 0.800 Equal to or greater than 0.05 D >0.800 to 0.900 Equal to or greater than 0.03 E, F >0.900 Equal to or greater than 0.01 Source: City of Anaheim,, 2004. For arterial roadway segments in the project area, the criteria for the City of Anaheim involves the use of average daily traffic (ADT) volume to capacity (V/C) ratios. The minimum level of service for an arterial segment is LOS C (V/C not to exceed 0.80) as adopted by the City of Anaheim for the study area circulation system. The City of Anaheim uses a two-step process to evaluate arterial segment performance. An initial arterial daily ADT V/C analysis provides a general assessment of overall system performance. Where potential for deficiencies are identified through this screening, the system performance is further evaluated and measured on the ability to serve peak hour traffic demands and throughput at the adjacent intersections. Arterial segments that are found to operate deficiently under both daily and peak hour conditions are identified as candidates for mitigation improvements. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 115 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc A project is deemed to have a significant impact if the project results in deterioration of the daily level of service LOS D or worse, and continues to show deficiency under peak hour analysis conditions. A significant impact is also deemed to occur if a project causes an increase in the daily V/C value of 0.01 or greater if the segment currently operates at LOS E or F under daily without project conditions; and the segment continues to show deficiency under peak hour analysis conditions. Related Projects To account for planned projects within the study area, the City of Anaheim has identified six related projects located in the vicinity of the study area. The related projects included in this study are described in Table 18. The related projects are expected to generate approximately 8,806 daily trips, including 765 AM peak hour trips and 789 PM peak hour trips. The geographic distribution and the traffic assignment for the related projects were incorporated into the base Year 2011 traffic volumes. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 116 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 18: Related Projects Trip Generation AM Peak Hour PM Peak Hour No. Project Land Use Size Unit Daily In Out Total In Out Total 1 Colony Park 410 - 418 E. Santa Ana Street Multi-Family Residential 62 DU 1,244 20 76 96 78 42 121 2 Colony Park 518 - 538 S. Anaheim Boulevard Multi-Family Residential 36 DU 209 3 13 16 13 6 19 3 Colony Park 407 - 425 S. Anaheim Boulevard Multi-Family Residential 52 DU 302 4 19 23 18 9 27 4 Restaurant/Brewery 336 - 338 S. Anaheim Boulevard Restaurant/ Brewery 7.825 TSF 995 47 43 90 51 36 87 5 Packard House 440 S. Anaheim Boulevard Retail/Restaurant Development 42.766 TSF 3,714 175 162 336 192 134 326 6 Residential Development 700 E. South Street Multi-Family Residential 93 DU 618 9 38 47 37 20 58 Total Trip Generation 8,806 339 426 765 479 309 789 Notes: DU - dwelling unit TSF - thousand square feet Source: City of Anaheim, 2012. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 117 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Ambient Traffic Growth Ambient traffic growth was estimated by applying an annual growth rate of 1 percent to the Existing (Year 2011) traffic counts over four years. The Future Year 2015 No Project condition includes ambient traffic growth and related project trips. Project Traffic Generation The vehicle trips generated by the proposed project were estimated. Table 19 summarizes the breakdown of trips generated by each proposed land use, including the size of each land use and the applicable rates. The proposed project would result in a net total of approximately 2,301 new daily trips, including 241 new AM peak hour trips and 231 new PM peak hour trips. Table 19: Project Trip Generation Summary AM Peak Hour PM Peak Hour ITE Code Land Use Size Unit ADT In Out Total In Out Total 220 Apartment 220 DU 1,463 22 90 112 88 48 136 814 Specialty Retail 18.9 TSF 838 62 67 129 53 42 95 Total Trip Generation 2,301 84 157 241 141 90 231 Notes: DU - dwelling unit TSF - thousand square feet Source: ITE Trip Generation, 8th Edition. Existing Year 2011 Traffic Conditions For project area intersections, a summary of the AM peak hour level of service analysis results for the Existing No Project, Existing Plus Related Projects, and Existing Plus Related Plus Project is provided in Table 20. The PM peak hour results are presented in Table 21. As shown in Table 20 and Table 21, all study intersections in the project area are operating at LOS C or better for all scenarios with the exception of the intersection of Anaheim Boulevard and Cypress Street during the PM peak hour. Without the project, this intersection is operating at LOS D in the PM peak hour. The addition of the project will cause the intersection to worsen to LOS E. Therefore, the project will create a significant impact at the intersection of Anaheim Boulevard and Cypress Street during the PM peak hour. To reduce this project impact, Mitigation Measure TRAN-1 is provided in Section 16 a) below. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 118 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 20: Existing Year 2011 No Project vs. Related Projects vs. With Project - AM Peak Hour LOS Results Existing Year 2011 Existing Year 2011 + Related Projects Existing Year 2011+ Related Projects + Project Intersection Signal Control V/C LOS V/C LOS Change in V/C V/C LOS Change in V/C Project Impact 1 Anaheim Boulevard & Sycamore Street Signalized 0.332 A 0.341 A 0.009 0.351 A 0.019 No 2 Anaheim Boulevard & Cypress Street 2-Way Stop 20.3 s C 21.5 s C 1.2 s 28.7 s C 8.4 s No 3 Anaheim Boulevard & Lincoln Avenue Signalized 0.533 A 0.576 A 0.043 0.591 A 0.058 No 4 Anaheim Boulevard & Broadway Signalized 0.480 A 0.508 A 0.028 0.519 A 0.039 No 5 Anaheim Boulevard & Santa Ana Street Signalized 0.520 A 0.567 A 0.047 0.577 A 0.057 No 6 Lemon Street & Cypress Street 4-Way Stop 7.3 s A 7.3 s A 0.0 s 7.4 s A 0.1 s No 7 Harbor Boulevard & Lincoln Avenue Signalized 0.679 B 0.696 B 0.017 0.709 C 0.030 No 8 Clementine Street & Lincoln Avenue Signalized 0.305 A 0.315 A 0.010 0.320 A 0.015 No 9 Lemon Street & Lincoln Avenue Signalized 0.349 A 0.361 A 0.012 0.406 A 0.057 No 10 Olive Street & Lincoln Avenue Signalized 0.362 A 0.389 A 0.027 0.398 A 0.036 No 11 East Street & Lincoln Avenue Signalized 0.611 B 0.620 B 0.009 0.618 B 0.007 No 12 Harbor Boulevard & Broadway Signalized 0.575 A 0.575 A 0.000 0.578 A 0.003 No City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 119 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 21: Existing Year 2011 (No Project vs. Related Projects vs. With Project) - PM Peak Hour LOS Results Existing Year 2011 Existing Year 2011 + Related Projects Existing Year 2011 + Related Projects + Project Intersection Signal Control V/C LOS V/C LOS Change in V/C V/C LOS Change in V/C Project Impact 1 Anaheim Boulevard & Sycamore Street Signalized 0.414 A 0.421 A 0.007 0.428 A 0.014 No 2 Anaheim Boulevard & Cypress Street 2-Way Stop 40.8 s D 44.5 s D 3.7 s 66.0 s E 25.2 s YES 3 Anaheim Boulevard & Lincoln Avenue Signalized 0.601 B 0.607 B 0.006 0.632 B 0.031 No 4 Anaheim Boulevard & Broadway Signalized 0.571 A 0.610 B 0.039 0.616 B 0.045 No 5 Anaheim Boulevard & Santa Ana Street Signalized 0.518 A 0.596 A 0.078 0.605 B 0.087 No 6 Lemon Street & Cypress Street 4-Way Stop 7.8 s A 7.8 s A 0.0 s 7.8 s A 0.0 s No 7 Harbor Boulevard & Lincoln Avenue Signalized 0.750 C 0.763 C 0.013 0.772 C 0.022 No 8 Clementine Street & Lincoln Avenue Signalized 0.324 A 0.337 A 0.013 0.346 A 0.022 No 9 Lemon Street & Lincoln Avenue Signalized 0.372 A 0.381 A 0.009 0.424 A 0.052 No 10 Olive Street & Lincoln Avenue Signalized 0.391 A 0.409 A 0.018 0.414 A 0.023 No 11 East Street & Lincoln Avenue Signalized 0.741 C 0.750 C 0.009 0.755 C 0.014 No 12 Harbor Boulevard & Broadway Signalized 0.639 B 0.639 B 0.000 0.641 B 0.002 No Notes: s = Stop Sign controlled intersection. Source: IBI Group, Traffic Impact Analysis, 2012. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 120 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc For roadway segments, a summary of the average daily traffic (ADT) volume to capacity (V/C) ratios and level of service (LOS) results for the Existing Year 2011 condition is provided in Table 22. The analysis is based on the traffic counts collected in November 2011 and February 2012. All arterial segments currently operate at an acceptable level of service in the Existing Year 2011 conditions. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 121 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 22: Existing Year 2011 (No Project vs. With Project) - Arterial Segment Level of Service Results Existing Year 2011 No Project Existing Year 2011 With Project Street Segment Mid-Block Lanes Capacity ADT V/C LOS ADT V/C LOS Changes to V/C Impact Anaheim Boulevard South of La Palma Avenue 4D 37,500 17,421 0.465 A 17,791 0.474 A 0.010 No Anaheim Boulevard South of Sycamore Street 4D 37,500 18,777 0.501 A 19,187 0.512 A 0.011 No Anaheim Boulevard South of Cypress Street 4D 37,500 19,604 0.523 A 20,574 0.549 A 0.026 No Anaheim Boulevard South of Lincoln Avenue 4D 37,500 19,455 0.519 A 19,965 0.532 A 0.014 No Anaheim Boulevard South of Broadway 4D 37,500 19,784 0.528 A 20,244 0.540 A 0.012 No Cypress Street East of Lemon Street 2U 12,500 889 0.071 A 2,339 0.187 A 0.116 No Lemon Street South of Cypress Street 2U 12,500 2,047 0.164 A 2,877 0.230 A 0.066 No Harbor Boulevard South of Lincoln Avenue 4D 37,500 25,442 0.678 B 25,562 0.682 B 0.003 No Lincoln Avenue East of Harbor Boulevard 6D 56,300 25,433 0.452 A 26,243 0.466 A 0.014 No Lincoln Avenue East of Clementine Street 6D 56,300 23,960 0.426 A 24,770 0.440 A 0.014 No Lincoln Avenue East of Lemon Street 6D 56,300 22,865 0.406 A 23,095 0.410 A 0.004 No City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 122 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 22 (cont.): Existing Year 2011 (No Project vs. With Project) - Arterial Segment Level of Service Results Existing Year 2011 No Project Existing Year 2011 With Project Street Segment Mid-Block Lanes Capacity ADT V/C LOS ADT V/C LOS Changes to V/C Impact Lincoln Avenue East of Anaheim Boulevard 6D 56,300 22,366 0.397 A 22,826 0.405 A 0.008 No Lincoln Avenue East of Olive Street 6D 56,300 20,638 0.367 A 21,098 0.375 A 0.008 No Source: IBI Group, Traffic Impact Analysis, 2012. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 123 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Opening Year 2015 Analysis This section summarizes the traffic analysis level of service results for study intersections and arterial segments in the Future Year 2015 conditions. For project area intersections, a summary of the AM peak hour level of service analysis results for the Existing No Project, Existing Plus Related Projects, and Existing Plus Related Plus Project is provided in Table 23. The PM peak hour results are presented in Table 24. Table 23: Future Year 2015 (No Project vs. With Project) - AM Peak Hour LOS Results Future Year 2015 No Project Future Year 2015 With Project Intersection Signal Control V/C LOS V/C LOS Change in V/C Project Impact 1 Anaheim Boulevard & Sycamore Street Signalized 0.351 A 0.357 A 0.006 No 2 Anaheim Boulevard & Cypress Street 2-Way Stop 23.1 s C 27.8 s C 4.7 s No 3 Anaheim Boulevard & Lincoln Avenue Signalized 0.560 A 0.567 A 0.007 No 4 Anaheim Boulevard & Broadway Signalized 0.502 A 0.508 A 0.006 No 5 Anaheim Boulevard & Santa Ana Street Signalized 0.544 A 0.549 A 0.005 No 6 Lemon Street & Cypress Street 4-Way Stop 7.6 s A 7.8 s A 0.2 s No 7 Harbor Boulevard & Lincoln Avenue Signalized 0.712 C 0.721 C 0.009 No 8 Clementine Street & Lincoln Avenue Signalized 0.317 A 0.318 A 0.001 No 9 Lemon Street & Lincoln Avenue Signalized 0.385 A 0.410 A 0.025 No 10 Olive Street & Lincoln Avenue Signalized 0.381 A 0.386 A 0.005 No 11 East Street & Lincoln Avenue Signalized 0.636 B 0.631 B -0.005 No 12 Harbor Boulevard & Broadway Signalized 0.587 A 0.588 A 0.001 No Notes: s = Stop Sign controlled intersection. Source: IBI Group, Traffic Impact Analysis, 2012. City of Anaheim - Uptown Village Discussion of Environmental Evaluation Initial Study and Mitigated Negative Declaration 124 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 24: Future Year 2015 (No Project vs. With Project) - PM Peak Hour LOS Results Future Year 2015 No Project Future Year 2015 With Project Intersection Signal Control V/C LOS V/C LOS Change in V/C Project Impact 1 Anaheim Boulevard & Sycamore Street Signalized 0.437 A 0.444 A 0.007 No 2 Anaheim Boulevard & Cypress Street 2-Way Stop 51.0 s D 79.1 s E 28.1 s Yes 3 Anaheim Boulevard & Lincoln Avenue Signalized 0.629 B 0.654 B 0.025 No 4 Anaheim Boulevard & Broadway Signalized 0.630 B 0.637 B 0.007 No 5 Anaheim Boulevard & Santa Ana Street Signalized 0.614 B 0.623 B 0.009 No 6 Lemon Street & Cypress Street 4-Way Stop 7.8 s A 7.9 s A 0.1 s No 7 Harbor Boulevard & Lincoln Avenue Signalized 0.791 C 0.800 C 0.009 No 8 Clementine Street & Lincoln Avenue Signalized 0.347 A 0.356 A 0.009 No 9 Lemon Street & Lincoln Avenue Signalized 0.393 A 0.436 A 0.043 No 10 Olive Street & Lincoln Avenue Signalized 0.424 A 0.429 A 0.005 No 11 East Street & Lincoln Avenue Signalized 0.777 C 0.783 C 0.006 No 12 Harbor Boulevard & Broadway Signalized 0.662 B 0.664 B 0.002 No Notes: s = Stop Sign controlled intersection. Source: IBI Group, Traffic Impact Analysis, 2012. As shown in Table 23 and Table 24, all study intersections in the project area are operating at LOS C or better, with the exception of the intersection of Anaheim Boulevard and Cypress Street during the PM peak hour. Without the project, this intersection is operating at LOS D in the PM peak hour. The addition of the project will cause the intersection to worsen to LOS E in the PM peak hour. Therefore, the project will create a significant impact at the intersection of Anaheim Boulevard and Cypress Street during the PM peak hour. To reduce this potential project impact, Mitigation Measure TRAN-1 is provided in Section 16 a) below. For project-area roadway segments, a summary of the average daily traffic (ADT) volume to capacity (V/C) ratios and level of service (LOS) results for the Future Year 2015 condition is provided in City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 125 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 25. The analysis is based on the traffic counts collected in November 2011 and February 2012. All arterial segments are projected to operate at an acceptable level of service in the Future Year 2015 conditions. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 126 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 25: Future Year 2015 (No Project vs. With Project) - Arterial Segment Level of Service Results Future Year 2015 No Project Future Year 2015 With Project Street Segment Mid-Block Lanes Capacity ADT V/C LOS ADT V/C LOS Changes to V/C Impact Anaheim Boulevard South of La Palma Avenue 4D 37,500 18,128 0.483 A 19,378 0.517 A 0.033 No Anaheim Boulevard South of Sycamore Street 4D 37,500 19,539 0.521 A 20,829 0.555 A 0.034 No Anaheim Boulevard South of Cypress Street 4D 37,500 20,400 0.544 A 22,250 0.593 A 0.049 No Anaheim Boulevard South of Lincoln Avenue 4D 37,500 20,245 0.540 A 24,275 0.647 B 0.107 No Anaheim Boulevard South of Broadway 4D 37,500 20,587 0.549 A 24,567 0.655 B 0.106 No Cypress Street East of Lemon Street 2U 12,500 925 0.074 A 2,375 0.190 A 0.116 No Lemon Street South of Cypress Street 2U 12,500 2,130 0.170 A 2,960 0.237 A 0.066 No Harbor Boulevard South of Lincoln Avenue 4D 37,500 26,475 0.706 C 26,595 0.709 C 0.003 No Lincoln Avenue East of Harbor Boulevard 6D 56,300 26,466 0.470 A 29,036 0.516 A 0.046 No Lincoln Avenue East of Clementine Street 6D 56,300 24,933 0.443 A 27,503 0.489 A 0.046 No Lincoln Avenue East of Lemon Street 6D 56,300 23,793 0.423 A 25,783 0.458 A 0.035 No City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 127 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Table 25 (cont.): Future Year 2015 (No Project vs. With Project) - Arterial Segment Level of Service Results Future Year 2015 No Project Future Year 2015 With Project Street Segment Mid-Block Lanes Capacity ADT V/C LOS ADT V/C LOS Changes to V/C Impact Lincoln Avenue East of Anaheim Boulevard 6D 56,300 23,274 0.413 A 24,614 0.437 A 0.024 No Lincoln Avenue East of Olive Street 6D 56,300 21,476 0.381 A 22,816 0.405 A 0.024 No Source: IBI Group, Traffic Impact Analysis, 2012. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation 128 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Site Access Vehicle access to the project site would be provided at two access driveways; one driveway would be located on Cypress Street (Driveway 1) and a second driveway would be located on Lemon Street (Driveway 2). The two driveways are proposed to be unsignalized. Driveway 1 would serve as the main access point, feeding directly into the proposed parking structure. Driveway 2, located along Lemon Street, serves as the secondary access point, with more direct access to the surface parking spaces. A detailed analysis of site access is provided in the Traffic Impact Analysis, located in Appendix G. The two access driveways are forecast to operate at an acceptable level of LOS A or better during the AM and PM peak hours for the Existing Year 2011 and the Future Year 2015 for both the No Project and With Project conditions. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less Than Significant With Mitigation Incorporated. The potential impacts to the circulation system have been identified in the analysis provided above. The proposed project would have less than significant impacts to pedestrian, bicycle paths, and mass transit in the project area. Project area roadway segments would operate at acceptable LOS for both the Existing Year 2011 and the Opening Year 2015 scenarios with and without the proposed project. All project area intersections would operate at acceptable levels of service for the Existing Year 2011 and the Opening Year 2015 AM and PM peak hour scenarios with the exception of the intersection of Anaheim Boulevard and Cypress Street. This intersection is forecasted to operate at LOS E with the proposed project for the PM peak hour in the Existing Year 2011 and in the Opening Year 2015 scenario, which is a significant impact to this intersection. Converting the intersection to a signalized intersection would mitigate this impact. However, due to the location of this intersection, adding a signal may not be feasible and would be inconsistent with the Downtown Anaheim Guide to Development. One option would be to redirect traffic by allowing only right-turn movements on the east and west legs. Accordingly, Mitigation Measure TRAN-1 has been identified to reduce this impact to less than significant. MM TRAN-1 Prior to final building and zoning inspection, the property owner/developer shall construct a median diverter on Anaheim Boulevard at Cypress Street, including all appropriate signage and striping. This median diverter shall allow left turns in the northbound and southbound directions of Anaheim Boulevard onto Cypress Street, but shall prohibit left turns and through movements eastbound and westbound on Cypress Street. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 129 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc With the implementation of Mitigation Measure TRAN-1, the potential impact would be reduced to less than significant. In both the Existing 2011 scenario and the Future Year 2015 scenario, the With Project condition in the PM peak hour would be LOS E before mitigation. Following the implementation of Mitigation Measure TRAN-1, the intersection would operate at an acceptable LOS B in the PM peak hour for both Existing 2011 and Future Year 2015 scenarios. b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Less Than Significant Impact. The intersections within the City of Anaheim that are subject to the County’s Congestion Management Program are indicated in the City’s General Plan Circulation Element. Based on a review of the Circulation Element, none of the project area’s intersections are included in the Congestion Management Program. Therefore, impacts associated with the Congestion Management Program would be less than significant. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The proposed project would consist of a 4-story multi-family residential building and related facilities. The structures would be consistent with the heights of nearby structures and would not affect air traffic patterns. The relatively small scale of the development would ensure that the proposed project would not generate a substantial increase in traffic levels for air traffic. Therefore, no impact associated with air traffic patterns would occur. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. The proposed project would include the installation of two access driveways, and would require the implementation of Mitigation Measure TRAN-1, which would prohibit left turns at the intersection of Anaheim Boulevard and Cypress Street. The site plan for the proposed project will be reviewed by City Staff to ensure that no traffic safety hazards would be generated by the proposed project, including the location of the access driveways. The restrictions on left-turn movements outlined in Mitigation Measure TRAN-1 would not result in an increase in traffic hazards associated with the intersection. Therefore, no impacts associated with hazardous design features would occur. e) Result in inadequate emergency access? Less Than Significant Impact. As described above, the proposed project’s access driveways are expected to operate at acceptable levels of service. The proposed project plans will be reviewed by City Staff to ensure that adequate emergency access is provided to the project site based on the City’s City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation 130 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc design requirements. Therefore, impacts associated with inadequate emergency access would be less than significant. f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Less Than Significant Impact. The proposed project does not include any roadway improvements that would affect existing public transit, bicycle or pedestrian facilities or would otherwise decrease the performance or safety of such facilities. Therefore, the proposed project would not conflict with adopted policies, plans, or program related to public transit, bicycle, or pedestrian facilities. Therefore, impacts associated with policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities would be less than significant. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 131 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 17. Utilities and Service Systems The following is based in part on a February 29, 2012 Water Quality Management Plan (WQMP) prepared for the proposed project by the project engineer, KHR Associates (Appendix E, Hydrology), as well as a June 25, 2012 sewer study letter report authored by the City of Anaheim Department of Public Works (Appendix I, Utilities and Service Systems). Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less Than Significant Impact. Implementation of the proposed project would result in the generation of wastewater. As described in Section 17b, the proposed project will generate approximately 36,120 gallons per day (0.04 million gallons per day [mgd]). The existing Orange County Sanitation District (OCSD) wastewater facilities that serve the project site currently have a surplus capacity of approximately 220 mgd. This surplus capacity is required to be in accordance with the wastewater treatment requirements of the Santa Ana Regional Water Quality Control Board. The addition of wastewater by the proposed project would not exceed the wastewater treatment requirements of the OCSD facilities. Therefore, the implementation of the proposed project would result in less than significant impacts to wastewater treatment requirements. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Water Facilities Less Than Significant With Mitigation Incorporated. Existing water mains in the streets adjacent to and currently serving the project site include an 18-inch ductile iron pipe (DIP) water line in Lincoln Avenue, a 16-inch and 10-inch DIP in Anaheim Boulevard, a 12-inch DIP line in Cypress Street, and a 12-inch DIP line in Lemon Street. The project will be required to connect to existing water lines located in the arterial streets. During the building permitting process, the fire flow requirements and the commercial water demands will be submitted and the capacity of the existing water distribution system to supply the peak flow rate will be checked. This information will be used to verify the adequacy of the existing water system to provide the estimated water demands for fire flow. In the unlikely event that any off-site improvements are needed to serve the project, potential significant impacts may occur. These off-site improvements shall be provided in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations and implemented as a condition of approval for the project to reduce the potential impact. All requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, will be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation 132 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc MM USS-1 Prior to the issuance of an occupancy permit, the developer/owner shall submit to the Public Utilities Water Engineering an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to confirm the adequacy of the existing water system to provide the estimated water demands. In the unlikely event that off-site water system improvements are required to serve the project, they shall be provided in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. Wastewater Treatment Facilities Less Than Significant Impact. Wastewater in the City of Anaheim is collected by gravity sewers owned, operated, and maintained by the City. Existing sewer lines in the streets adjacent to the project site include a 15-inch vitrified clay pipe (VCP) in Lincoln Avenue, a 12-inch VCP in Anaheim Boulevard, a 15-inch VCP in Lemon Street, and a sewer line of unknown size in Cypress Street. According to the City’s Public Works Department, these existing facilities would be adequate to serve the wastewater collection requirements of the proposed project. No further sewer studies would be required and the proposed project would only be required to pay a sewer impact fee. The wastewater is then transported by trunk sewers to the Orange County Sanitation District (OCSD) Plant 1 located in the City of Fountain Valley and/or Plant 2 located in the City of Huntington Beach. Plant 1 and Plant 2 provide primary and secondary treatment for an average dry weather flow (DWF) of 83 and 147 million gallons of wastewater per day (mgd), respectively. Plant 1 has a design capacity of 174 mgd, while Plant 2 has a design capacity of 276 mgd. Both wastewater treatment plants have design capacities that exceed their current utilization, with Plant 1 presently having a 91 mgd surplus capacity and Plant 2 having a 129 surplus capacity. Combined, both Plant 1 and Plant 2 currently have a 220 mgd combined surplus capacity. The proposed Project would include uses that would generate effluent requiring wastewater treatment at OCSD Plant 1 and/or Plant 2. Residential dwellings within a building of five units or more produce 156 gpd of wastewater, while commercial/store uses generate 100 gpd/1000 sq ft (Los Angeles County Sanitation Districts, ND). Based upon the proposed project’s 220 residential units and 18,000 sq ft of commercial/retail spaces, the project would generate approximately 36,120 gallons of wastewater per day (34,320 gpd for residential plus 1,800 gpd for commercial/retail). Compared to the roughly 230 mgd of wastewater that OCSD Plant 1 and Plant 2 currently treat, as well as their approximately 220 mgd combined surplus capacity, the proposed project’s contribution of wastewater would be nominal and could be treated at these existing wastewater treatment facilities without the construction of new or the expansion of existing facilities. Therefore, impacts associated with wastewater treatment facilities would be less than significant. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 133 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact. As previously discussed, the proposed project would include two Bio Clean Nutrient Separating Baffle Boxes and four MaxWell IV drywells. In the existing condition, the Lemon Street catch basin, which connects to a 33-inch reinforced concrete pipe, and the Lincoln Avenue catch basin, which connects to a 33-inch reinforced concrete pipe, have been deemed capable of adequately providing drainage from the project site (KHR Associates 2008). The proposed BMPs, however, would greatly reduce the need for these existing drainage features, as these features would only be needed during large storm events when stormwater runoff exceeds the capacity of the Bio Clean Nutrient Separating Baffle Boxes and MaxWell IV drywells. Construction of these Treatment Control BMPs would occur concurrently on the project site with construction of the proposed project, whose environmental effects are analyzed in this IS/MND. No additional environmental impacts, above those already examined in this IS/MND, are anticipated. Therefore, impacts associated with the construction of new stormwater drainage facilities would be less than significant. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less Than Significant Impact. The City of Anaheim receives its water from two main sources: (1) the Orange County Groundwater Basin, which is managed by the OCWD, and (2) imported water from the MWD. Groundwater is pumped from 18 active wells located within the City, and imported water is delivered to the City through seven treated water connections and one untreated connection. In addition to groundwater supplies, the City of Anaheim uses imported water from MWD to supplement its water supplies. Per Table 3-2 on page 3-6 of the UWMP, MWD forecasts to have a surplus ranging from approximately 1.48 million afy to roughly 2.1 million afy during average year conditions during 2015 through 2035. These imported water supplies would supplement the groundwater supplies that are used by the City and the proposed project, further reducing the project’s groundwater use. As previously discussed in Section 9, Hydrology and Water Quality, the proposed project is consistent with the existing City of Anaheim General Plan “Mixed Use” land use designation, and as such, the development of the would be considered consistent with the City’s future projected water demand. Therefore, impacts associated with sufficient water supplies being available to serve the project from existing entitlements and resources are considered less than significant. While less than significant impacts on available water supplies have been identified, the following conditions of approval will be incorporated into the project to ensure that water conservation City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation 134 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc measures are incorporated into the design of the proposed project so that water supplies remain reliable into the future. • Prior to issuance of each building permit (to be implemented prior to final building and zoning inspections, and continuing on an on-going basis during project operation), the property owner/ developer shall submit to the Public Utilities Department plans for review and approval which shall ensure that water conservation measures are incorporated. Among the water conservation measures to be shown on the plans and implemented by the property owner/developer, to the extent applicable include, but are not limited to, the following: - Use of low-flow sprinkler heads in irrigation systems. - Use of waterway recirculation systems. - Low-flow fittings, fixtures, and equipment, including low flush toilets and urinals. - Use of self-closing valves on drinking valves. - Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. - Use of low-flow shower heads in hotels. - Water efficient ice-machines, dishwashers, clothes washers and other water-using appliances. - Use of irrigation systems primarily at night when evaporation rates are lowest. - Provide information to the public in conspicuous places regarding water conservation. - Use of water conserving landscape plant materials wherever feasible. • The City shall continue to collaborate with the Metropolitan Water District of Southern California (MWD), its member agencies, and the Orange County Water District (OCWD) to ensure that available water supplies meet anticipated demand. If it is forecasted that water demand exceeds available supplies, the City shall trigger application of its Water Conservation Ordinance (Anaheim Municipal Code, §10.18), as prescribed, to require mandatory conservation measures as authorized by Sections 10.18.070 through 10.18.090, as appropriate. • Prior to issuance of each building permit the property owner/developer shall submit an irrigation plan in which all irrigation systems shall be designed so that they will function properly with reclaimed water, once a system is available. • Prior to issuance of the first building permit, Applicant shall contact Water Engineering for reclaimed water system requirements and specific water conservation measures to be incorporated into the building and landscape construction plans. • Prior to issuance of building permit, submitted landscape plans shall demonstrate compliance with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in compliance with the State of California Water Conservation in Landscaping Act (AB 325). • Prior to the issuance of the first building permit or grading permit, whichever occurs first, the property owner/developer shall indicate on plans installation of a separate irrigation meter City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 135 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc when the total landscaped area exceeds 2,500 square feet. (City of Anaheim Water Conservation Measures.) e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Less Than Significant Impact. As previously discussed, both OCSD wastewater treatment facilities that would serve the proposed project have design capacities that exceed their current utilization, with Plant 1 in the City of Fountain Valley presently having a 91 mgd surplus capacity and Plant 2 in the City of Huntington Beach having a 129 surplus capacity. Combined, both Plant 1 and Plant 2 currently have a 220 mgd combined surplus capacity. The proposed Project would include uses that would generate effluent requiring wastewater treatment at OCSD Plant 1 and/or Plant 2. Residential dwellings within a building of five units or more produce 156 gpd of wastewater, while commercial/store uses generate 100 gpd/1000 sq ft. Based upon the proposed project’s 220 residential units and 18,000 sq ft of commercial/retail spaces, the project would generate approximately 36,120 gallons of wastewater per day (34,320 gpd for residential plus 1,800 gpd for commercial/retail). Compared to the roughly 230 mgd of wastewater that OCSD Plant 1 and Plant 2 currently treat, as well as their approximately 220 mgd combined surplus capacity, the proposed project’s contribution of wastewater would be nominal and could be treated at these existing wastewater treatment facilities without the construction of new or expansion existing facilities. Therefore, impacts associated with wastewater treatment capacity would be less than significant. f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? Less Than Significant Impact. Before commencing construction of the proposed project, the 25,000 sq ft commercial building and associated parking lot would require demolition, with all non- hazardous demolition debris transported to the appropriate landfill facility by Republic Services . Following collection, the non-hazardous demolition materials would be sorted for recyclables and disposed of at either the Orange County Integrated Waste Management Department’s (IWMD) Olinda Alpha Sanitary Landfill, Frank R. Bowerman Landfill, or Prima Deschecha Landfill. Collectively, these landfill facilities encompasses 2,820 acres, including 1,653 permitted acres for disposal. These facilities are permitted to accept a combined maximum of 23,500 tons of waste per day, and have a combined remaining capacity of 185 million cubic yards (CalRecycle 2012). Any hazardous or potentially hazardous materials, including asbestos containing materials (ACMs) or contaminated soils, found either within the existing building or on the project site would be removed, transported, and disposed of in accordance with all applicable laws and regulations. Refer to the Remedial Action Plan (Appendix I, Utilities and Service Systems) completed for the proposed project City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation 136 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc for further information regarding demolition, removal, transporting, and disposal of hazardous or potentially hazardous materials. According to the California Department of Resources Recycling and Recovery (CalRecycle), multifamily residential land uses generate an estimated 1.17 tons of waste per dwelling unit per year (CalRecycle 2010b), while commercial retail land uses create an estimated 0.0024 tons of waste per square foot per year (CalRecycle 2011). Using these measures, the proposed project’s 220 residential units would generate approximately 257.4 tons of waste per year, while the project’s 18,000 sq ft of retail commercial space would create 43.2 tons per year. With Olinda Alpha Sanitary Landfill, Frank R. Bowerman Landfill, or Prima Deschecha Landfill permitted to accept a maximum 23,500 tons of waste per day, or over seven million tons annually, the proposed project’s estimated contribution of 300.6 tons per year would be considered nominal. Therefore, impacts associated with solid waste would be less than significant. g) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Impact. The proposed project would be required to comply will all federal, State, and local agency regulations regarding solid waste. IWMD is required to obtain permits to maintain operations at their three active landfills. These permits include, but are not limited to, a solid waste facilities permit, waste discharge permit, a stormwater discharge permit, and various permits to construct and operate gas management systems. As part of standard procedure, IWMD evaluates new projects within its jurisdiction for compliance with CEQA and all applicable statutes and regulations, ensuring that any potential impact or inconsistency is satisfactorily mitigated and resolved. Additionally, under AB 939, the Integrated Waste Management Act of 1989, the City of Anaheim is required to develop source reduction, reuse, recycling, and composting programs to reduce the amount of solid waste entering landfills. Local jurisdictions are mandated to divert at least 50-percent of their solid waste generation into recycling. As of 2010, City of Anaheim is diverting approximately 50-percent of the solid waste that its residents and businesses generate (CalRecycle 2010a). The City of Anaheim continues to exceed the minimum solid waste diversion rate of 50 percent by achieving a 63 percent diversion rate in the last reporting period of 2010. As such, the City is meeting its AB 939 goal. Waste generated by the proposed project would enter the City’s waste stream but would not substantial affect diversion rates, as the project’s waste generation would represent a nominal percentage of the waste created within the City. Therefore, potential impacts associated with solid waste statutes and regulations would be less than significant. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 137 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc 18. Mandatory Findings of Significance a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? Less Than Significant With Mitigation Incorporated. As previously discussed in Section 3.4, Biological Resources, the ornamental trees and landscaping currently found on the project site lacks any cohesiveness and does not constitute natural, native habitat. The highly disturbed nature of the project site and the surrounding urbanized area creates an unsuitable environment for any plant or wildlife species identified as a candidate, sensitive, or special status species. Due to the previous development of the project site and the complete lack of native habitat, sensitive plant or wildlife species are not expected to occur on the project site. Therefore, no impacts associated with candidate, sensitive, or special status species would occur. Additionally, per Section 3.5, Cultural Resources, although the existing onsite 25,000 sq ft building was the work of master architectural firm Parkinson and Parkinson, It is not of a significant design and does not embody characteristics of a significant type, period, or method of construction. The property also does not have the potential to yield, or may be likely to yield, information important to prehistory or history. The building is not a historic property under Section 106 of the Nation Historic Preservation Act, because it is not eligible for any of the National Register Criterion. It also has been determined ineligible for National Register, California Register, or Local designation through survey evaluation. The proposed project has been designed to incorporate the existing historic elements found in the surrounding Anaheim Colony Historic District and to respect the area’s historical heritage. The inclusion of the proposed project in the neighborhood would not have a significant impact on the historic buildings within the viewshed due to the extensive alterations that have already substantially altered the viewshed. The changes in mass and scale already present in the neighborhood would not be affected by the proposed project. Furthermore, due to the previous development activity that has occurred on the project site, surface and subsurface soils have been graded, excavated, and otherwise disturbed. As such, the probability of discovery of a significant archeological or prehistorical resource is small. However, the project site is within the ancient floodplain of the Santa Ana River and Pleistocene deposits can potentially be encountered at depth. Thus, impacts to significant paleontological resources in undisturbed surface or subsurface Pleistocene sediments is considered moderate. Mitigation Measures CULT-1 through CULT-9 would be necessary to prevent impacts should any currently unknown historical or prehistorical resource be unearthed during construction activities. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation 138 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less Than Significant With Mitigation Incorporated. In the general vicinity of the project site, there are six related projects. All six related projects are located south and southeast of the project site and located from 0.25 mile to 0.8 mile from the project site. The related projects are identified in Section 3.16, Transportation/Traffic in this Initial Study and include a combined total of 243 multiple family residential units and 50,591 sq ft of retail and restaurant uses. Following is a brief discussion of the potential for the proposed project in combination with the related projects to result in cumulative environmental impacts. Aesthetics The proposed project is located along South Anaheim Boulevard as well as some of the related projects. Development along the South Anaheim Boulevard corridor will be viewed by motorists traveling along South Anaheim Boulevard. Because this area is within the Anaheim Colony Historic District, visual character of the new development is important. Cumulatively, the combined visual effect of the development of the proposed project and related project could result in significant visual impacts. However, since the proposed project has borrowed stylistic elements from a nearby historic building, the elements create a compatibility of design concepts across the viewshed. The design of the complex borrows window and façade detailing to create a visual link with a prominent building in the Anaheim Colony Historic District displays a sensitivity to the overall historic character of the neighborhood. Therefore, the project’s contribution to a potential cumulatively visual effect within the Anaheim Colony Historic District is considered to be less than cumulatively considerable and thereby less than cumulatively significant. Agriculture and Forestry Resources The proposed project and related project are not located on existing agriculture or forestry land and therefore, there would be no cumulative effect on these resources. Air Quality A discussion of cumulative air quality impacts is provided in Section 3.3 in this Initial Study. As stated, the proposed project could result in significant emissions of volatile organic compounds (VOCs) during construction activities and could contribute to the cumulative increase in VOCs. Since the proposed project includes mitigation measures to reduce VOCs to less than the threshold, the project’s contribution of cumulative VOCs is considered less than cumulatively considerable, thereby less than cumulatively significant. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 139 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Cultural Resources The implementation of the proposed project and related project could result in impacts on historical resources due to the location of the projects being located within the Anaheim Colony Historic District. As discussed above, the proposed project includes design concepts to reduce the project’s contribution to historical impacts to less than cumulatively considerable, thereby less than cumulatively significant. The proposed project and related projects could result in impacts to cultural, paleontological, and human remain resources. The proposed project includes mitigation measures to reduce its effect on these resources to less than significant. Therefore, the proposed project’s contribution to impacts on these resources is considered less than cumulatively considerable, thereby less than cumulatively significant. Geology and Soils The implementation of the proposed project and related projects are located in an area of seismic activity; however, the required building codes are adequate to reduce potential geology and soil impacts to less than significant. Therefore, the proposed project’s contribution to cumulative geology and soil impacts is considered less than cumulatively considerable, thereby less than cumulatively significant. Greenhouse Gas Emissions Construction and operation of the proposed project and related projects will increase greenhouse gas emissions. This increase will contribute to the overall increase in greenhouse gas emissions within the South Coast Air Basin. The proposed project’s generation of greenhouse gas emissions is less than the screening threshold, and is considered less than cumulatively considerable, thereby less than cumulatively significant. Hazards and Hazardous Materials The proposed project and the related project could result in an increase in impacts associated with hazardous materials. The project site includes contaminated soils classified as hazardous materials. As described in Section 3.8d of this Initial Study, mitigation measures that require the removal of the onsite contaminated soils will need to be implemented to reduce the project’s potential impact associated with contaminated soils. Implementation of the recommended mitigation measures will reduce the project’s contribution to potential cumulative impacts to less than cumulatively considerable, thereby less than cumulatively significant. Hydrology and Water Quality The proposed project and related projects are expected to cumulatively increase the conveyance of stormwater to the existing storm drain system. The project includes best management practices that will decrease the runoff volume currently experienced on the project site, while increasing infiltration City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation 140 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc with four drywells and an increase of permeable surfaces on the project site. The project’s contribution of stormwater to the existing storm drain system is less than cumulatively considerable, thereby less than cumulatively significant. Short-term construction activities associated with the proposed project and the related projects have the potential to result in significant impacts to water quality. As required by existing regulations, the proposed project will be identifying BMPs as part of the Stormwater Pollution Prevention Plan (SWPPP). These BMPs will include straw bales and vehicle tires wash down areas to reduce water quality impacts during construction activities. The implementation of the BMPs will reduce the project’s contribution to potential significant cumulative impacts to less than cumulatively considerable, thereby less than cumulatively significant. Long-term operational activities associated with the proposed project and the related projects have the potential to result in significant impacts to water quality. The proposed project includes roof drains, area drains, and catch basins to capture stormwater and direct the stormwater to Bio Clean Nutrient Separating Baffle Boxes for pre-treatment prior to infiltration by the MaxWell IV drywells. The implementation of these design features will reduce the project’s potential contribution to long-term water quality impacts to less than cumulatively considerable, thereby less than cumulatively significant. Land Use and Planning The implementation of the proposed project and related projects could result in impacts associated with land use plans, policies, or regulations. The proposed project will be consistent with the General Plan Land Use Plan; however, the project will require modifications to the Zoning Ordinance to accommodate the proposed mixed use project. In addition, the project design features allow the project to be consistent with the goals, objectives, and guidelines of the Anaheim Colony Historic District Preservation Plan and The Anaheim Colony Vision, Principles and Design Guidelines. As discussed in Section 3.10b of this Initial Study, the proposed design features associated with the project will result in the project to be consistent with the applicable land use plans, policies, and regulations. The proposed project’s contribution to potential cumulative land use impacts is considered less than cumulatively considerable, thereby less than cumulatively significant. Mineral Resources The proposed project and related project are not located on existing mineral resource areas and therefore, there would be no cumulative effect on mineral resources Noise Based on the distance of the nearest related project to the project site (i.e., 0.25 mile), noise levels from construction activities at the related project sites are not expected to contribute to construction noise levels on land uses immediately surrounding the project site. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 141 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Cumulative long-term operation noise impacts were evaluated and discussed in Section 3.12a in this Initial Study. The evaluation of offsite vehicular noise levels included the proposed project, the addition of the related projects, as well as the inclusion of a growth rate. As discussed, long-term cumulative noise impacts off the project site would result in less than significant noise impacts. Therefore, the project’s contribution to cumulative vehicular noise levels off the project site would be less than cumulatively considerable. Cumulative noise levels would result in potential noise impacts on the proposed multiple family residential uses on the project site. The cumulative noise levels will require the implementation of noise attenuation design features for the residential units facing Lincoln Avenue to reduce indoor noise levels to the City’s 45 dBA CNEL interior noise standard. With the implementation of the proposed noise attenuation features, the project’s contribution to cumulative vehicular noise impacts on the project site would be less than cumulatively considerable, thereby less than cumulatively significant. Population and Housing The proposed project and related project will increase the population and housing within the City. The increase in housing will be less than 500 multiple family residences and less than 1,000 people. This increase in housing would be a small fraction of the 27,148 residential units projected to be remaining to be developed within the City. The cumulative increase in population and housing within the project vicinity would result in a less than significant cumulative impact. Therefore, the project’s contribution to an impact on population and housing is considered less than cumulatively considerably, thereby less than cumulatively significant. Public Services The proposed project and related project will increase the population and housing within the City. The increase in housing will be less than 500 multiple family residences and less than 1,000 people. Both the proposed project and related projects are located in the vicinity of the Downtown area, and therefore, would be able to be served in accordance with the response time goals of objectives of the police and fire departments. Therefore, the proposed project and related projects would result in a less than significant cumulative environmental impact associated with police and fire because no new or physically altered police or fire structural facilities would be required. The proposed project and related project could result in cumulative impacts to school and park facilities; however, these potential impacts would be less than significant due to the regulated development fees that are required of new development for schools and parks. Therefore, the implementation of the project would result in less than cumulatively considerable impacts on schools and parks. The proposed project and related projects could result in cumulative impacts to library services; however, these potential impacts would be less than significant due to the nominal increase of City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation 142 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc projected population of approximately 0.3 percent of City residents served by the Anaheim Public Library system. Therefore, the proposed project’s potential contribution to the Central Library’s service population is considered less than cumulatively considerable. Recreation Implementation of the proposed project and related project could result in approximately 1,000 additional residents that could increase the use of existing park facilities. This cumulative increase in park use would be less than significant due to the regulated development fees that are required for new development for parks. Therefore, the project’s contribution to an impact on park and recreational facilities is considered less than cumulatively considerably, thereby less than cumulatively significant. Transportation/Traffic Cumulative long-term traffic volumes were evaluated and discussed in Section 16 in this Initial Study. The analysis included vehicle trips generated by the proposed project and related projects. As discussed, cumulative traffic levels could result in the South Anaheim Boulevard/Cypress Street intersection operating at a level of service of LOS E which is considered a significant impact. The project includes Mitigation Measure TRANS-1 to reduce the potential significant impact to less than significant. All other analyzed intersections or roadway segments would experience less than significant impacts due to cumulative traffic volumes. Therefore, with the project mitigation, the proposed project’s contribution to cumulative traffic impacts is considered less than cumulatively considerable, thereby less than cumulatively significant. Utilities and Service Systems The implementation of the proposed project and related project will result in the generation of wastewater and storm water and result in the demand for water. The proposed project will not contribute to a need for sewer, storm water, or water distribution facilities in addition to those that will be constructed with the proposed project. Therefore, the proposed project would result in impacts to distribution facilities that are considered less than cumulatively considerable, thereby less than cumulatively significant. In addition, the proposed project and related projects will increase the generation of wastewater and therefore contribution to total flow at the Orange County Sanitation District (OCSD) wastewater facilities. However, given that the OCSD have a surplus capacity of approximately 220 million gallons per day, the additional wastewater generated by the approximately 500 cumulative residential units and additional commercial uses would be nominal and would not exceed the OCSD’s surplus capacity. Therefore, the proposed project’s contribution of wastewater to the OCSD’s treatment facilities is considered to be less than cumulatively considerable, thereby less than cumulatively significant. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration Discussion of Environmental Evaluation Michael Brandman Associates 143 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Finally, the proposed project and related projects will increase the generation of solid waste to the Orange County Integrated Waste Management Department (IWMD) landfill facilities. These facilities are permitted to accept over seven million tons annually. Although the proposed project and related projects will increase the generation of solid waste, the amount of solid waste is considered nominal and would represent a less than significant effect on the existing IWMD landfill facilities. Therefore, the proposed project’s contribution of solid waste to the IWMD landfill facilities is considered to be less than cumulatively considerable, thereby less than cumulatively significant. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant With Mitigation Incorporated. As discussed throughout Section 3.3, Discussion of Environmental Evaluation, of this IS, with the incorporation of previously identified Mitigation Measures, all environmental impacts associated with construction and/or operation of the proposed project would be less than significant, and therefore would not have a substantial adverse effect, either directly or indirectly, on human beings. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration References Michael Brandman Associates 145 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc SECTION 4: REFERENCES AirNav, LLC. 2012. Airport Search Results. Website: http://www.airnav.com/cgi-bin/airport- search. Accessed January 2012. Anaheim, City of. 2012a. Anaheim Fire Department Website. Website: http://www.anaheim.net/sectionnew.asp?id=73. Accessed March 2012. Anaheim, City of. 2012b. Anaheim Police Department Website. Website: http://www.anaheim.net/section.asp?id=124. Accessed March 2012. Anaheim, City of. 2011(Updated). City of Anaheim Municipal Code. November 15 (Updated). Anaheim, City of. 2011. 2010 Urban Water Management Plan. June. Anaheim, City of. 2004. City of Anaheim General Plan. May. Anaheim, City of. 2004. City of Anaheim General Plan/Zoning Code Update EIR. May. Anaheim, City of. 2003. The Anaheim Colony Vision, Principles and Design Guidelines. April 3. http://www.anaheim.net/departmentfolders/planning/ColonyDesignGuidelines.pdf Anaheim, City of. 1999. Anaheim Colony Historic District Preservation Plan. http://www.anaheim.net/com_dev/ed/pdf/HistoricPreservationPlan.PDF. Anaheim City School District. 2012. Anaheim City School District Website. Website: http://www.acsd.k12.ca.us/. Accessed March 2012. Anaheim City School District. 2011. 2010-2030 Facilities Master Plan. Anaheim Union High School District. 2012. Anaheim Union High School District Website. Website: http://www.auhsd.us/. Accessed March 2012. CalEEMod. California Emissions Estimator Model. Version 2011.1.1. Website: http://caleemod.com/. Accessed April 2011. California Air Pollution Control Officers Association. 2010. Quantifying Greenhouse Gas Mitigation Measures. August 2010. Website: http://www.capcoa.org/wp- content/uploads/2010/11/CAPCOA-Quantification-Report-9-14-Final.pdf. Accessed December 2011. California Air Pollution Control Officers Association. 2009. Health Risk Assessments for Proposed Land Use Projects. Website: http://www.capcoa.org/wp- content/uploads/downloads/2010/05/CAPCOA_HRA_LU_Guidelines_8-6-09.pdf. Accessed December 2011. California Air Pollution Control Officers Association. 2008. CEQA & Climate Change, Evaluating and Addressing Greenhouse Gas Emissions from Projects Subject to the California Environmental Quality Act. Website: http://www.capcoa.org/. Accessed December 2011. City of Anaheim - Uptown Village References Initial Study and Mitigated Negative Declaration 146 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc California Air Resources Board. 2012. Historical Air Quality, Top 4 Summary. Website: http://www.arb.ca.gov/adam/topfour/topfour1.php. Accessed April 2012. California Air Resources Board. 2011a. Status of Scoping Plan Recommended Measures. Website: http://www.arb.ca.gov/cc/scopingplan/sp_measures_implementation_timeline.pdf. Accessed December 2011. California Air Resources Board. 2011b. Area Designation Maps / State and National. 2011 State Area Designations. Website: http://www.arb.ca.gov/desig/adm/adm.htm. Accessed December 2011. California Air Resources Board. 2010a. Ambient Air Quality Standards. September 8. Website: http://www.arb.ca.gov/research/aaqs/aaqs2.pdf. Accessed December 2011. California Air Resources Board. 2010b (Updated). Greenhouse Gas Inventory Data - 2000 to 2008. May 12 (Updated). Website: http://www.arb.ca.gov/cc/inventory/data/data.htm. Accessed December 2011. California Air Resources Board. 2010c. Greenhouse Gas Inventory - 2020 Forecast. Website: http://www.arb.ca.gov/cc/inventory/data/forecast.htm. Accessed December 2011. California Air Resources Board. 2010d. Off-road Emissions Inventory. Website: http://www.arb.ca.gov/msei/offroad/offroad.htm. Accessed February 2012. California Air Resources Board. 2009. Vinyl Chloride. Website: http://www.arb.ca.gov/research/aaqs/caaqs/vc/vc.htm. Accessed December 2011. California Air Resources Board. 2008a. Climate Change Scoping Plan, a framework for change. December. Website: http://www.arb.ca.gov/cc/scopingplan/document/scopingplandocument.htm. Accessed December 2011. California Air Resources Board. 2008b. Preliminary Draft Staff Proposal Recommended Approaches for Setting Interim Significance Thresholds for Greenhouse Gases under the California Environmental Quality Act. Website: http://www.arb.ca.gov/cc/localgov/ceqa/meetings/102708/prelimdraftproposal102408.pdf. Accessed December 2011. California Air Resources Board. 2007. Staff Report. California 1990 Greenhouse Gas Level and 2020 Emissions Limit. November 16, 2007. Website: www.arb.ca.gov/cc/inventory/pubs/reports/staff_report_1990_level.pdf. Accessed December 18, 2011. California Air Resources Board. 2005. California Environmental Protection Agency. Air Quality and Land Use Handbook: A Community Health Perspective. April. Website: http://www.arb.ca.gov/ch/landuse.htm. Accessed December 2011. California Air Resources Board. 2000. Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-fueled Engines and Vehicles. Available at: http://www.arb.ca.gov/diesel/documents/rrpfinal.pdf. Accessed December 2011. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration References Michael Brandman Associates 147 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc California Air Resources Board. 1998. Identification of Diesel Exhaust as a Toxic Air Contaminant. Website: http://www.arb.ca.gov\regact\regup98.htm#diesltac. Accessed December 2011. California Climate Change Center. 2006. Our Changing Climate, Assessing the Risks to California: A Summary Report from the California Climate Change Center. July. Website: http://www.scc.ca.gov/webmaster/ftp/pdf/climate_change/assessing_risks.pdf. Accessed December 2011. California Department of Conservation. 2011. Orange County Important Farmland 2010 map. ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2010/ora10.pdf. California Department of Conservation. 2004. Williamson Act Parcels map. ftp://ftp.consrv.ca.gov/pub/dlrp/wa/Map%20and%20PDF/Orange/orange_2004.jpg. California Department of Education. 2010. District and Student Enrollment by Grade: Anaheim Union High School District. October 22. Website: http://dq.cde.ca.gov/dataquest/Enrollment/GradeEnr.aspx?cChoice=DistEnrGr2&cYear=201 0-11&cSelect=3066431-- ANAHEIM%20UNION%20HIGH&TheCounty=&cLevel=District&cTopic=Enrollment&m yTimeFrame=S&cType=ALL&cGender=B. Accessed March 2012. California Department of Forestry and Fire Protection. 2007. Orange County FHSZ Map. http://www.fire.ca.gov/fire_prevention/fhsz_maps/fhsz_maps_orange.php. California Department of Public Health. 2010. California Indoor Radon Levels, Sorted by Zip Code. May . Website: http://www.cdph.ca.gov/healthinfo/environhealth/Documents/Radon/CaliforniaRadonDatabas e.pdf. Accessed April 2012. California Department of Resources Recycling and Recovery (CalRecycle). 2012. .Active Landfill Profiles. http://www.calrecycle.ca.gov/Profiles/Facility/Landfill/LFProfile1.asp?COID=30&FACID=3 0-AB-0035. Accessed April 2012. California Department of Resources Recycling and Recovery (CalRecycle). 2011. Estimated Solid Waste Generation Rates for Commercial Establishments. http://www.calrecycle.ca.gov/wastechar/wastegenrates/Commercial.htm. Accessed April 2012. California Department of Resources Recycling and Recovery (CalRecycle). 2010a. Diversion/Disposal Rate Report for Anaheim. http://www.calrecycle.ca.gov/lgcentral/tools/mars/JurDrDtl.asp?Flag=1&Ju=15&YR=2010 California Department of Resources Recycling and Recovery (CalRecycle). 2010b. Estimated Solid Waste Generation Rates for Residential Developments. http://www.calrecycle.ca.gov/wastechar/wastegenrates/Residential.htm. Accessed April 2012. City of Anaheim - Uptown Village References Initial Study and Mitigated Negative Declaration 148 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc California Department of Water Resources. 2008. Managing an Uncertain Future, Climate Change Adaptation Strategies for California’s Water. September. Website: http://www.water.ca.gov/climatechange/docs/ClimateChangeWhitePaper.pdf. Accessed December 2011. California Environmental Health Tracking Program. 2011. Traffic Linkage Service Demonstration. Website: http://www.ehib.org/traffic_tool.jsp. Accessed December 2011. California Environmental Protection Agency. 2002. Office of Environmental Health Hazard Assessment. Health Effects of Diesel Exhaust. Website: http://www.oehha.ca.gov/public_info/facts/pdf/diesel4-02.pdf. Accessed December 2011. California Natural Resources Agency. 2009. 2009 California Climate Adaptation Strategy. Website: http://www.climatechange.ca.gov/adaptation/. Accessed December 2011. California Public Utilities Commission. 2011. Large IOU RPS Procurement Data 2003-2010. Website (1): http://www.cpuc.ca.gov/PUC/energy/Renewables/; Website(2): http://www.cpuc.ca.gov/NR/rdonlyres/B5AF672B-ABB6-4B0F-8F52- AF78D4701677/0/CaliforniaRPSProcurementSummary20032010.xls. Accessed August 2011. Federal Emergency Management Agency (FEMA). 2009. FIRM Map: Anaheim, California (06059C0133J). December 3. http://map1.msc.fema.gov/idms/IntraView.cgi?ROT=0&O_X=10644&O_Y=7762&O_ZM= 0.116908&O_SX=877&O_SY=605&O_DPI=400&O_TH=21568846&O_EN=21607889&O _PG=1&O_MP=1&CT=0&DI=0&WD=14400&HT=10350&JX=1016&JY=665&MPT=0& MPS=0&ACT=0&KEY=21426169&ITEM=1&ZOOM_FIT.x=1. Accessed April 2012. Federal Highway Administration. 2006. Roadway Construction Noise Model, Version 1.1. Federal Highway Administration. 2004. Traffic Noise Model, Version 2.5. Golden State Water Company. 2011. 2010 Urban Water Management Plan - West Orange. August. Governor is Office of Planning and Research. 2008. CEQA AND CLIMATE CHANGE: Addressing Climate Change Through California Environmental Quality Act (CEQA) Review. Website: http://opr.ca.gov/docs/june08-ceqa.pdf. Accessed December 2011. IBI Group. 2012. Traffic Impact Analysis. March 1. Intergovernmental Panel on Climate Change. 2007a. Climate Change 2007: The Physical Science Basis. Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change. Website: http://www.ipcc.ch/publications_and_data/ar4/wg1/en/contents.html. Accessed December 2011. Intergovernmental Panel on Climate Change. 2007b. Climate Change 2007: Synthesis Report. Contribution of Working Groups I, II and III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change. Website: http://www.ipcc.ch/publications_and_data/ar4/syr/en/contents.html. Accessed December 2011. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration References Michael Brandman Associates 149 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Intergovernmental Panel on Climate Change. 2001. Climate Change 2001: The Scientific Basis. Website: http://www.grida.no/climate/ipcc_tar/wg1/pdf/WG1_TAR-FRONT.pdf. Accessed December 2011. KHR Associates. 2012. Preliminary Water Quality Management Plan. February 29. Los Angeles County Sanitation Districts. ND. Table 1: Loading for Each Class of Land Use. Website: http://www.lacsd.org/civica/filebank/blobdload.asp?BlobID=3531. Accessed April 2012. National Toxicology Program. 2011a. Report on Carcinogens, Twelfth Edition; U.S. Department of Health and Human Services, Public Health Service. June 10, 2011. Benzene. Website: http://ntp.niehs.nih.gov/ntp/roc/twelfth/profiles/Benzene.pdf. Accessed December 18, 2011. National Toxicology Program. 2011b. Report on Carcinogens, Twelfth Edition; U.S. Department of Health and Human Services, Public Health Service. Diesel Exhaust Particles. Website: http://ntp.niehs.nih.gov/ntp/roc/twelfth/profiles/DieselExhaustParticulates.pdf. Accessed December 22, 2011. Office of the California Attorney General. 2010. Addressing Climate Change at the Project Level. January 6. Website: http://ag.ca.gov/globalwarming/pdf/GW_mitigation_measures.pdf. Accessed December 2011. South Coast Air Quality Management District. 2011a. Air Quality Significance Thresholds. March. Website: http://www.aqmd.gov/ceqa/handbook/signthres.pdf. Accessed December 2011. South Coast Air Quality Management District. 2011b. Historical Data by Year. Website: http://www.aqmd.gov/smog/historicaldata.htm. Accessed February 2011. South Coast Air Quality Management District. 2011c. Air Quality Analysis Guidance Handbook. March 10. Website: http://www.aqmd.gov/ceqa/hdbk.html. Accessed December 2011. South Coast Air Quality Management District (SCAQMD). 2011d. Fact Sheet for Applying CalEEMod to Localized Significance Thresholds. Website: http://www.aqmd.gov/ceqa/handbook/LST/CalEEModguidance.pdf. Accessed December 2011. South Coast Air Quality Management District. 2011e. Table 1, Meteorological Sites. June 8. Website: http://www.aqmd.gov/smog/metdata/AERMOD_Table1.html. Accessed December 2011. South Coast Air Quality Management District. 2011f. AQMD Modeling Guidance for AERMOD. August 23. Website: http://www.aqmd.gov/smog/metdata/AERMOD_ModelingGuidance.html. Accessed December 2011. South Coast Air Quality Management District. 2010. Greenhouse Gas CEQA Threshold Stakeholder Working Group Meeting #15. September 28. Website: http://www.aqmd.gov/ceqa/handbook/GHG/2010/sept28mtg/ghgmtg15-web.pdf. Accessed December 2011. City of Anaheim - Uptown Village References Initial Study and Mitigated Negative Declaration 150 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc South Coast Air Quality Management District. 2009. Final Localized Significance Threshold Methodology, Appendix C. October 21, 2009. Website: http://www.aqmd.gov/CEQA/handbook/LST/LST.html. Accessed December 2011. South Coast Air Quality Management District. 2008a. Final Localized Significance Threshold Methodology. June. Website: http://www.aqmd.gov/CEQA/handbook/LST/Method_final.pdf. Accessed December 2011. South Coast Air Quality Management District. 2008b. Board Meeting Date: December 5, 2008, Agenda 31, Interim CEQA/GHG Significance Threshold for Stationary Sources, Rules and Plans. December. Website: http:// www.aqmd.gov/hb/2008/December/081231a.htm. Accessed December 2011. South Coast Air Quality Management District. 2008c. Draft Guidance Document - Interim CEQA Greenhouse (GHG) Significance Threshold Document. Website: http://www.aqmd.gov/hb/attachments/2008/December/081231.exe. Accessed September 2011. South Coast Air Quality Management District. 2008d. Mates III Final Report. Website: http://www.aqmd.gov/prdas/matesIII/MATESIIIFinalReportSept2008.html. Accessed July 2011 South Coast Air Quality Management District. 2008e. EMFAC 2007 (v2.3) Emission Factors (On- Road). Heavy-Heavy Duty On-road Vehicles (Scenario Years 2007-2026). Website: http://www.aqmd.gov/ceqa/handbook/onroad/onroad.html. Accessed December 2011. South Coast Air Quality Management District. 2007a. Odor Detection, Mitigation and Control Technology Forum and Roundtable Discussion. Website: http://www.aqmd.gov/tao/conferencesworkshops/OdorForum/OdorForumSummary.pdf. Accessed April 2011. South Coast Air Quality Management District. 2007b. Final 2007 Air Quality Management Plan. Website: http://www.aqmd.gov/aqmp/07aqmp/index.html. Accessed December 2011. South Coast Air Quality Management District. 2003. Final 2003 Air Quality Management Plan. Website: http://www.aqmd.gov/aqmp/AQMD03AQMP.htm. Accessed December 2011. South Coast Air Quality Management District. 2000. Multiple Air Toxics Exposure Study in the South Coast Air Basin (MATES-II). Website: http://www.aqmd.gov/matesiidf/matestoc.htm. Accessed July 2011. South Coast Air Quality Management District. 1993. CEQA Handbook. Available at SCAQMD, 21865 Copley Dr, Diamond Bar, California, 91765. United Nations Framework Convention on Climate Change. 2010. National Greenhouse Gas Inventory Data for the Period 1990-2008. Website: http://unfccc.int/resource/docs/2010/sbi/eng/18.pdf. Accessed December 2011. University of California, Davis. 1997. Prepared for California Department of Transportation. 1997. Transportation Project-Level Carbon Monoxide Protocol. Website: http://www.dot.ca.gov/hq/env/air/pages/coprot.htm. Accessed December 2011. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration References Michael Brandman Associates 151 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc U.S. Census Bureau. 2012 (Updated). State and County Quick Facts: Anaheim, California. January 31 (Updates). Website: http://quickfacts.census.gov/qfd/states/06/0602000.html. Accessed March 2012. U.S. Department of Health and Human Services, Public Health Service, National Toxicology Program. 2011a. Report on Carcinogens, Twelfth Edition: Benzene. June 10. Website: http://ntp.niehs.nih.gov/ntp/roc/twelfth/profiles/Benzene.pdf. Accessed December 2011. U.S. Department of Health and Human Services, Public Health Service, National Toxicology Program. 2011a. Report on Carcinogens, Twelfth Edition: Diesel Exhaust Particles. June 10. Website: http://ntp.niehs.nih.gov/ntp/roc/twelfth/profiles/DieselExhaustParticulates.pdf. Accessed December 2011. U.S. Department of Labor, Occupational Safety and Health Administration, Centers for Disease Control and Prevention. 2005. Carbon Dioxide. September. Website: http://www.cdc.gov/niosh/npg/npgd0103.html. Accessed December 2011. U.S. Department of Labor, Occupational Safety and Health Administration. 2003. Safety and Health Topics: Methane. Website: http://www.osha.gov/dts/chemicalsampling/data/CH_250700.html. Accessed December 2011. U.S. Energy Information Administration. 2001 (Updated). Retail and Service Buildings: How Many Employees Are There? January 3 (Updated). Website: http://www.eia.gov/emeu/consumptionbriefs/cbecs/pbawebsite/retailserv/retserv_howmanye mpl.htm. Accessed March 2012. U.S. Environmental Protection Agency. 2011a. Green Book Nonattainment Areas for Criteria Pollutants as of August 30, 2011. Website: http://www.epa.gov/air/oaqps/greenbk/. Accessed December 2011. U.S. Environmental Protection Agency. 2011b. Sources of Indoor Air Pollution - Organic Gases, Volatile Organic Compounds. Website: http://www.epa.gov/iaq/voc.html. Accessed December 2011. U.S. Environmental Protection Agency. 2011c. 2011 U.S. Greenhouse Gas Inventory Report, Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2009, EPA 430-R-11-005. Website: http://www.epa.gov/climatechange/emissions/usinventoryreport.html. Accessed December 2011. U.S. Environmental Protection Agency. 2010. Technology Transfer Network, Air Toxics Website, Health Effects Notebook for Hazardous Air Pollutants. Website: http://www.epa.gov/ttn/atw/hlthef/hapindex.html. Accessed December 2011. U.S. Environmental Protection Agency. 2009a. Ozone and your Health, EPA-456/F-09-001. Website: http://www.epa.gov/airnow/ozone-c.pdf. Accessed December 2011. U.S. Environmental Protection Agency. 2009b. Fact Sheet, Proposed Revisions to the National Ambient Air Quality Standards for Nitrogen Dioxide. July 22. Website: http://www.epa.gov/air/nitrogenoxides/pdfs/20090722fs.pdf. Accessed December 2011. City of Anaheim - Uptown Village References Initial Study and Mitigated Negative Declaration 152 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc U.S. Environmental Protection Agency. 2009c. A Citizen’s Guide to Radon, the Guide to Protecting Yourself and your Family from Radon, EPA 402/K-09/001. June. Website: http://www.epa.gov/radon/pdfs/citizensguide.pdf. Accessed December 2011. U.S. Environmental Protection Agency. 2009d. Potential for Reducing Greenhouse Gas Emissions in the Construction Sector. February. Website: http://www.epa.gov/sectors/pdf/construction- sector-report.pdf. Accessed December 2011. U.S. Environmental Protection Agency. 2003. Particle Pollution and your Health, EPA-452/F-03- 001. Website: http://epa.gov/pm/pdfs/pm-color.pdf. Accessed April 22, 2011. U.S. Environmental Protection Agency. 2000. Technology Transfer Network, Air Toxics Website, Benzene. 2000. Website: http;//www.epa.gov/ttn/atw/hlthef/benzene.html. Accessed April 2011. City of Anaheim - Uptown Village Initial Study and Mitigated Negative Declaration List of Preparers Michael Brandman Associates 153 H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc SECTION 5: LIST OF PREPARERS Michael Brandman Associates - Environmental Consultant 220 Commerce, Suite 200 Irvine, CA 92602 Phone: 714.508.4100 Fax: 714.508.4110 Project Director ..................................................................................................Thomas F. Holm, AICP Project Manager ...............................................................................................Michael Houlihan, AICP Environmental Planner......................................................Collin Ramsey, MS, LEED Green Associate Environmental Analyst............................................ Margaret Partridge, AICP, LEED Green Associate Senior Editor / Publications..........................................................................................Sandra L. Tomlin GIS/Graphics..............................................................................................................Karlee McKracken Reprographics......................................................................................................................José Morelos Executive Assistant ................................................................................................. Daphne Ott de Vries Technical Subconsultants Geology and Soils.....................................................................................Leighton and Associates, Inc. 41715 Enterprise Circle North Temecula, CA 92590 Phone: 951.296.0530 Hazards and Hazardous Materials .................................................................Apex Companies, LLC 6185 Cornerstone Court East, Suite 110 San Diego, CA 92121 Phone: 858.558.1120 Hazards and Hazardous Materials ..............................................................Shaw Environmental, Inc. 4005 Port Chicago Highway Concord, CA 94520 Phone: 925.288.9898 Hydrology and Water Quality/Utilities and Service Systems ...................................KHR Associates 4100 Newport Place Drive, Suite 200 Newport Beach, CA 92660 Phone: 949.756.6440 City of Anaheim - Uptown Village List of Preparers Initial Study <and Mitigated Negative Declaration> 154 Michael Brandman Associates H:\Client (PN-JN)\0055\00550033\IS-MND\00550033 Uptown Village IS-MND 01-24-2013.doc Traffic and Transportation ...................................................................................................IBI Group 18401 Von Karman Avenue, Suite 110 Irvine, CA 92612 Phone: 949.833.5588 Utilities and Service Systems .............................................................................................CH2MHILL 6 Hutton Centre Drive Santa Ana, CA 92707 Phone: 714.429.2000 DRAFT - FINAL Anaheim Boulevard and Lincoln Avenue Apartments Parking Demand Study Equity Residential City of Anaheim, California Prepared for City of Anaheim Planning Department 200 South Anaheim Boulevard Anaheim, CA 92805 July, 2013 Prepared by IBI Group 18401 Von Karman Ave, Suite 110 Irvine, CA 92612 (949) 833-5588 ATTACHMENT NO. 7 Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL - ii - TABLE OF CONTENTS TABLE OF CONTENTS ......................................................................................................................... II  LIST OF FIGURES ................................................................................................................................ III  LIST OF TABLES .................................................................................................................................. IV  1 INTRODUCTION ....................................................................................................................... 5  1.1 Project Location .............................................................................................................. 5   1.2 Site Description .............................................................................................................. 5   1.3 Nearby Transit ................................................................................................................ 5   2 PARKING REQUIREMENTS .................................................................................................. 11  2.1 Parking Requirement .................................................................................................... 11  2.2 Parking Supply ............................................................................................................. 11  3 SIMILAR SITE PARKING COUNTS ........................................................................................ 12  3.1 Mixed-Use Residential and Retail Survey Sites ........................................................... 12  3.2 Residential Only Survey Sites ....................................................................................... 15  4 COMPARISON TO RATES PUBLISHED IN OTHER PARKING MANUALS ......................... 17  4.1 Parking Demand Generation – ITE Parking Generation Manual .................................. 17  4.2 Shared Parking Analysis – ULI Shared Parking ........................................................... 18  5 METHODOLOGY OF STUDY ................................................................................................. 19  6 CONCLUSIONS ...................................................................................................................... 21  APPENDIX ............................................................................................................................................ 22  A. Parking Counts – Survey Site #1 ......................................................................................... 22  B. Parking Counts – Survey Site #2 ......................................................................................... 22  C. Parking Counts – Survey Site #3 ........................................................................................ 22  D. Parking Counts – Survey Site #4 ........................................................................................ 22  E. Parking Counts – Survey Site #5 ......................................................................................... 22  F. Parking Counts – Survey Site #6 ......................................................................................... 22  G. Platinum Vista and Platinum Gateway Parking Ratios ....................................................... 22  H. Parking Agreement ............................................................................................................. 22  Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL - iii - LIST OF FIGURES Figure 1.1 Project Location .............................................................................................................. 7  Figure 1.2 Zoning Map ..................................................................................................................... 8  Figure 1.3 Site Plan .......................................................................................................................... 9  Figure 1.4 Transit Routes............................................................................................................... 10  Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL - iv - LIST OF TABLES Table 1-1 Existing Transit Service in Vicinity of Project Site ............................................................ 6  Table 3-1 Peak Hour Parking Demand at Survey Site #1 .............................................................. 12  Table 3-2 Peak Hour Parking Demand at Survey Site #2 .............................................................. 13  Table 3-3 Average Peak Hour Parking Demand ........................................................................... 14  Table 3-4 Average Peak Hour Parking Demand – Adjusted ......................................................... 14  Table 3-5 Average Peak Hour Parking Demand ........................................................................... 15  Table 3-6 Existing Transit Service in Vicinity of Project Site .......................................................... 16  Table 4-1 ITE Parking Generation - Weekday ............................................................................... 17  Table 4-2 Shared Use Parking Analysis ........................................................................................ 18  Table 5-1 Average Peak Hour Parking Demand - Residential ...................................................... 19  Table 5-2 Average Peak Hour Parking Demand - Retail ............................................................... 20  Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL 5 1 Introduction This report documents the results of a parking demand study prepared for a mixed-use residential and retail development located at the northwest corner of Anaheim Boulevard and Lincoln Avenue in the City of Anaheim. The purpose of this parking demand study is to estimate the forecast parking demand that would be generated by a proposed mixed-use residential and retail development. The objective is to establish a minimum parking requirement for the proposed project. The study work scope was developed in conjunction with and approved by the City of Anaheim. All assumptions and methodologies are consistent with the City of Anaheim guidelines for a parking demand study. 1.1 PROJECT LOCATION The proposed project is located at the northwest corner of Anaheim Boulevard and Lincoln Avenue within Downtown Anaheim. The project site is bounded by Cypress Street to the north, Lincoln Avenue to the south, Lemon Street to the west, and Anaheim Boulevard to the east. The project location is illustrated in Figure 1.1. 1.2 SITE DESCRIPTION The existing site consists of a vacant single story building and surface parking spaces. Access to the site is provided via a driveway on Lemon Street and one driveway on Cypress Street. Land uses immediately adjacent to the project site include Pearson Park, Freedom Bible Church, and the Uptown Center to the north, the Anaheim Towne Center to the south, Pacific Western Bank to the east, and the AT&T office building to the west. Per the City of Anaheim Land Use Map, the project site is located within the Mixed-Use Overlay Zone, consisting of commercial, residential, parks, and institutional uses. Figure 1.2 provides an illustration of the existing zoning map. The proposed project would replace the existing use with a mixed-use residential and retail development. The development would encompass the entire lot and include a four-story apartment complex with 220 residential units and 18,900 square feet of retail space. The unit mix for the proposed project is 34 studios, 102 1-bedroom units and 84 2-bedroom units, or approximately 60% studios/1-bedroom units and 40% 2-bedroom units. A three-level parking garage with 488 parking spaces is proposed, along with 89 surface parking spaces. Access to 420 of the 488 parking spaces within the parking structure will be gated and reserved for residents only. Sixty-eight of the parking structure spaces will be open to the public, and combined with the 89 surface parking spaces for shared parking between AT&T service vehicles, retail use, and residential spaces. Access to the proposed project is proposed via a new driveway on Lemon Street and a new driveway on Cypress Street. The site plan is illustrated in Figure 1.3. 1.3 NEARBY TRANSIT Nearby transit is provided by the Orange County Transportation Authority. There are currently three OCTA bus routes that have bus stops within one-quarter mile of the proposed project and provide connections to various locations throughout Orange County. The close proximity of frequent transit service may increase the chance residents, guests, or retail customers use public transportation to travel to or from the proposed project site. Table 1-1 summarizes each route, including major destinations and frequency. Figure 1.4 illustrates the bus routes and bus stops. Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL 6 Table 1-1 Existing Transit Service in Vicinity of Project Site Route Description Service Peak Period Headways (minutes) Stop 42 Seal Beach – Orange via Seal Beach Blvd./Los Alamitos Blvd./Lincoln Ave. M-F 4:00-12:00 am Sat-Sun 5:30 am- 9:00 pm M-F 10 Sat-Sun 30 Lincoln Ave/Harbor Blvd 43 Fullerton – Costa Mesa via Harbor Blvd. M-F 4:00 am-2:00 am Sat-Sun 4:00 am- 1:30 am M-F 10 Sat-Sun 10 Harbor Blvd/Lincoln Ave 47 Fullerton – Newport Beach via Anaheim Blvd./Fairview St. M-F 4:00 am-11:30 pm Sat-Sun 5:00 am- 11:00 pm M-F 10 Sat-Sun 30 Anaheim Blvd/Lincoln Ave Source: The Orange County Transportation Authority ANAHEIM-LINCOLN APARTMENTS PARKING DEMAND STUDY CITY OF ANAHEIM IBI GROUP July 2013 Lincoln Ave Broadway Santa Ana St La Palm a A v e East StOlive StAnaheim BlvdLemon StHarbor BlvdWest StSouth St Sycamore St Cypress St North St Water St 5 Project Site FIGURE 1.1 PROJECT LOCATION FIGURE 1.2 ZONING MAP ANAHEIM-LINCOLN APARTMENTS PARKING DEMAND STUDY CITY OF ANAHEIM IBI GROUP July 2013 Project Site FIGURE 1.3 SITE PLAN ANAHEIM-LINCOLN APARTMENTS PARKING DEMAND STUDY ANALYSIS CITY OF ANAHEIM IBI GROUP July 2013 Project Site ANAHEIM-LINCOLN APARTMENTS PARKING DEMAND STUDY CITY OF ANAHEIM IBI GROUP July 2013 Lincoln Ave Broadway Santa Ana St La Palm a A v e East StOlive StAnaheim BlvdLemon StHarbor BlvdWest StSouth St Sycamore St Cypress St North St Water St 5 Project Site FIGURE 1.4 TRANSIT ROUTES Legend Bus Route Bus Stop 47 38 43 42 Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL 11 2 Parking Requirements 2.1 PARKING REQUIREMENT The study area is located within Downtown Anaheim and in the Mixed-Use Overlay Zone. Per the City of Anaheim Municipal Code, Section 18, the Mixed-Use Overlay Zone encourages mixed use development projects that combine residential with non-residential uses, including office, retail, business services, personal services, public spaces and uses, and other community amenities as a means to create an active street life, enhance the vitality of businesses, and reduce the need for automobile travel. Due to variations in parking demand and needs of each planned mixed-use development, the City’s standard minimum parking requirements do not apply to this zone. Per the City’s Municipal Code Section for Mixed-Use Overlay Zone, a parking demand study must be prepared and approved by the City. 2.2 PARKING SUPPLY The proposed project includes plans for a 488 space parking structure and an additional 89 space surface parking lot, for a total of 577 parking spaces. Per the project site plan, 420 spaces are reserved for residents in the parking structure and 157 spaces are open for retail customers and guests between the ground floor of the parking structure and the surface parking lot. The project developer is also proposing to reserve a parking space to be allocated to a car sharing program such as ZipCar. The provision of a carshare vehicle on site is intended to encourage residents in the community to reduce their automobile usage and potentially their need for ownership of a first or second vehicle. If a carshare provider chooses to establish a location onsite, as part of the leasing process new residents in the project would be informed of the carshare program and provided with information on how to sign-up to participate in the service. Additionally, a parking agreement with AT&T is attached to the project site. This agreement designates that the developer of the project site provide for the non-exclusive use of up to 67 parking spaces by AT&T. This agreement results in a shared parking condition, where AT&T vehicles would have equal access to the surface parking facilities as would retail customers and residential guests. Based on the usage of parking spaces on the existing site by AT&T over the last 12 months, it is anticipated that AT&T would only use a portion of their parking space allocation on a limited basis. Because the agreement stipulates that AT&T use of the parking stalls is on a non-exclusive basis, the 67 parking spaces would be available for first-come, first-served shared use with retail customers and guests throughout the day. The parking agreement with AT&T is provided in Appendix C. Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL 12 3 Similar Site Parking Counts As noted in the previous section, the City of Anaheim Zoning Code requires a parking demand study to determine the minimum parking requirement for a mixed-use residential and retail development located in the Mixed-Use Overlay Zone. To identify a recommended minimum parking ratio, similar site parking surveys were conducted to determine the typical parking demand generated by mixed- use residential apartment and retail developments and residential apartment developments in Orange County. 3.1 MIXED-USE RESIDENTIAL AND RETAIL SURVEY SITES Two mixed-use residential apartment and retail developments in Orange County were selected to conduct parking surveys. The survey sites were selected based on their similarities to the project site, including close proximity to retail, commercial, and businesses; and were approved by the City. Surveys were conducted on a Tuesday and Saturday between 5:00 AM – 9:00 AM, 11:00 AM – 3:00 PM, and 6:00 PM – 10:00 PM to capture the peak parking demand generated by residential and retail uses at the two similar sites. 3.1.1 Survey Site #1 The first survey site is located in Fullerton, California and consists of an 183-unit apartment complex with approximately 1,553 square feet of retail space located on the ground floor and 20,221 square feet of retail space located adjacent to the apartment complex. The unit mix for this complex is 129 1- bedroom units and 54 2-bedroom units. There are a total of 406 parking spaces provided on-site. Retail parking (183 parking spaces) is provided on the ground level of a parking structure that is accessible by the public. The ground level parking spaces are open for 24-hour residential parking and 2 hour retail parking. Due to its location in Downtown Fullerton, the ground level parking spaces are also open for 2 hour parking by the general public. Residential parking spaces (223 parking spaces) are located in an underground structure accessible only by residents. The peak parking demand per dwelling unit and per 1,000 square feet of retail space is summarized in Table 3-1. There are 183 units available, and 174 are currently occupied. Of the 21,774 square feet of retail space available,18,501 square feet are currently leased out. The following table identifies the peak parking demand observed for residential and retail uses. A rate per dwelling unit and per 1,000 square feet of retail space is provided as well. Table 3-1 Peak Hour Parking Demand at Survey Site #1 Residential Tuesday Saturday Retail Tuesday Saturday Peak Hour 5:00 AM 5:00 AM Peak Hour 12:00 PM 1:00 PM Dwelling Units Occupied 174 174 Retail Space Occupied 18.5 18.5 Peak Hour Parking Demand 191 191 Peak Hour Parking Demand 173 111 Peak Hour Parking Demand per Dwelling Unit 1.10 1.10 Peak Hour Parking Demand per 1,000 SF 9.35 6.00 The peak hour parking rate for residential is 1.10 spaces per dwelling unit on a Saturday and 1.10 spaces per dwelling unit on a Tuesday. The peak hour parking rate for retail is 6.00 per 1,000 square feet of retail space on a Saturday and 9.35 per 1,000 square feet of retail space on a Tuesday. It should be noted that the peak parking rate for retail includes parking from the general public, and may not reflect only the parking generated by the ground floor retail space attached to the apartment Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL 13 complex and the adjacent retail building. In this case, the demand for retail parking shown in Table 3- 1 is likely higher than if the parking facility did not allow general public parking. 3.1.2 Survey Site #2 Survey site #2 is located in Santa Ana, California and consists of a 250-unit apartment complex with approximately 18,000 square feet of retail space located on the ground floor. The unit mix for this complex is 105 1-bedroom units and 145 2 to 3 bedroom units. There are a total of 782 parking spaces provided on-site. Retail parking (329 parking spaces) is provided on the ground level of a parking structure that is accessible by the public. These spaces are for leasing office parking (2 hours), retail customer (2 hours), restaurant customer (2 hours), resident guest (24 hours), Double Tree Hotel staff (24 hours), and resident reserved (72 hours). A Double Tree Hotel is located on the same lot as the apartment complex, with its own underground parking structure. Hotel staff are permitted to park in the retail parking provided by the apartment complex. However, a majority of hotel staff either take transit, or park in the Double Tree Hotel underground structure. Residential parking spaces (453 parking spaces) are located in an underground structure accessible only by residents. The peak parking demand generated by this site is summarized in Table 3-2. There are currently 225 units that are occupied, and 13,000 square feet of retail space leased out. The following table identifies the peak parking demand for residential and retail uses. A rate per dwelling unit and per 1,000 square feet of retail space is provided as well. Table 3-2 Peak Hour Parking Demand at Survey Site #2 Residential Tuesday Saturday Retail Tuesday Saturday Peak Hour 6:00 AM 5:00 AM Peak Hour 10:00 PM 2:00 PM Dwelling Units Occupied 225 225 Retail Space Occupied 13 13.0 Peak Hour Parking Demand 212 208 Peak Hour Parking Demand 167(1) 181(1) Peak Hour Parking Demand per Dwelling Unit 0.94 0.92 Peak Hour Parking Demand per 1,000 SF 12.85 13.92 Note: (1) – The ground level retail parking area is intended for retail customers, guests, and the Double Tree Hotel staff members. However, due to the high number of overnight parking in the retail parking area, there is the potential that residents and guests park here as well. The peak hour parking rate for residential is 0.92 per dwelling unit on a Saturday and 0.94 on a Tuesday. The peak hour parking rate for retail is 13.92 per 1,000 square feet of retail space on a Saturday and 12.85 per 1,000 square feet of retail space on a Tuesday. It should be noted that the peak parking rate for retail includes parking from the employees of the Double Tree Hotel and potentially residents as well; and may not reflect only the parking generated by the ground floor retail space attached to the apartment complex. Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL 14 3.1.3 Average Peak Hour Parking Demand Based on the data collected from the two survey sites, the average peak hour parking demand per dwelling unit is 1.01 on a Saturday and 1.02 on a Tuesday. The average park hour parking demand per 1,000 square feet of retail space is 9.96 on a Saturday and 11.10 on a Tuesday. The combined average peak hour parking demand from the two survey sites is summarized in Table 3-3. Table 3-3 Average Peak Hour Parking Demand Residential Tuesday Saturday Retail Tuesday Saturday Peak Hour Parking Demand per Dwelling Unit (Site #1) 1.10 1.10 Peak Hour Parking Demand per 1,000 SF 9.35 6.00 Peak Hour Parking Demand per Dwelling Unit (Site #2) 0.94 0.92 Peak Hour Parking Demand per 1,000 SF 12.85 13.92 Peak Hour Parking Demand per Dwelling Unit (Average) 1.02 1.01 Peak Hour Parking Demand per 1,000 SF (Average) 11.10 9.96 Both of these selected case studies possess unique location characteristics that create differences when compared to the proposed project condition. For example, Site #1 is located within one-half mile of the Fullerton Transportation Center. Site #2 is located within a dense employment center with thousands of jobs located within walking distance. To account for these conditions, a factor should be applied to include anticipated residential parking demand for a similar project not located adjacent to rail transit or significant employment. A study recently conducted by the San Diego Association of Governments (SANDAG) titled Parking Strategies for Smart Growth recommends reductions in parking requirements of 10% for developments located within close proximity to transit (rail or BRT) and 10% reductions for developments with mixed-use and local serving retail. Applying these recommended rates would result in a 20% increase in the parking rate for Site #1 and a 10% increase in the parking rate for Site #2. Table 3-4 provides a summary with the revised rates. Table 3-4 Average Peak Hour Parking Demand – Adjusted Residential Tuesday Saturday Retail Tuesday Saturday Peak Hour Parking Demand per Dwelling Unit (Site #1) 1.32 1.32 Peak Hour Parking Demand per 1,000 SF 11.22 7.20 Peak Hour Parking Demand per Dwelling Unit (Site #2) 1.04 1.02 Peak Hour Parking Demand per 1,000 SF 14.14 15.31 Peak Hour Parking Demand per Dwelling Unit (Average) 1.18 1.17 Peak Hour Parking Demand per 1,000 SF (Average) 12.68 11.26 Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL 15 3.2 RESIDENTIAL ONLY SURVEY SITES IBI Group also conducted parking surveys at three residential only apartment developments in Orange County. The three survey sites include:  Survey Site #3, Irvine, CA – 279-unit apartment complex that is currently 93.9% occupied (262 units). This apartment complex provides 600 parking spaces in a gated parking structure. This corresponds to a parking supply ratio of 2.15 spaces per unit. The unit mix for this complex is 2 studio units, 162 1-bedroom units; and 115 2-bedroom units. This apartment is not located near mass transit.  Survey Site #4, Irvine, CA – 403-unit apartment complex that is currently 96.8% occupied (390 units). This apartment complex provides 643 parking spaces in a gated parking structure. This corresponds to a parking supply ratio of 1.60 spaces per unit. The unit mix for this complex is 326 1-bedroom units; and 77 2-bedroom units. This apartment is not located near mass transit.  Survey Site #5, Orange, CA – 460-unit apartment complex that is currently 95.2% occupied (440 units). This apartment provides 784 parking spaces in a gated parking structure and gated surface parking lot. This corresponds to a parking supply ratio of 1.70 spaces per unit. The unit mix for this complex is 256 1-bedroom units; and 204 2-bedroom units. This apartment is located within 1 mile of the Anaheim Metrolink Station.  Survey Site #6, Anaheim, CA – 162-unit apartment complex that is currently 95.1% occupied (154 units). This apartment complex provides 385 parking spaces in a gated parking structure and surface parking lot. This corresponds to a parking supply ratio of 2.37 spaces per unit. The unit mix for this complex is 70 1-bedroom units and 92 2-bedroom units. Surveys were conducted on a Tuesday and Saturday between 6:00 PM – 1:00 AM to capture the peak parking demand generated by residential uses at the two similar sites. The peak hour parking rates from the three sites are summarized in Table 3-5. Table 3-5 Average Peak Hour Parking Demand Survey Site Units Occupied Weekday Weekend Peak Hour Parking Demand (spaces) Rate (spaces/unit) Peak Hour Parking Demand (spaces) Rate (spaces/unit) Survey Site #3 262 354 1.35 356 1.36 Survey Site #4 390 504 1.29 443 1.14 Survey Site #5 440 616 1.40 547 1.24 Survey Site #6 154 238 1.55 260 1.69 Average 312 428 1.40 402 1.36 These additional four survey sites are all located near employment centers in the cities of Anaheim, Irvine and Orange. Bus services are provided by the Irvine Shuttle (iShuttle) and OCTA local bus routes. A summary of the transit routes and frequency for the additional survey sites is provided in Table 3-6. Transit routes and frequency are much lower at these additional survey sites compared to the previous two similar survey sites. Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL 16 Table 3-6 Existing Transit Service in Vicinity of Project Site Route Description Service Peak Period Headways (minutes) Stops Survey Site #3 86 Costa Mesa to Mission Viejo via Alton Pkwy/Jeronimo Rd M-F 6:00 am - 9:30 pm M-F 60 Kelvin Ave/ Jamboree Rd Survey Site #4 iShuttle Route B – Tustin Metrolink Station to Irvine Business Complex M-F 5:30-9:30 am; 1:30-8:00 pm M-F 30 Alton Ave/ Jamboree Rd Survey Site #5 54 Garden Grove to Orange via Chapman Ave M-F 4:30 am- 11:30 pm Sat-Sun 6:00 am- 10:00 pm M-F 30 Sat-Sun 30 Chapman Ave/ Renaissance Source: The Orange County Transportation Authority Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL 17 4 Comparison to Rates Published in Other Parking Manuals 4.1 PARKING DEMAND GENERATION – ITE PARKING GENERATION MANUAL For comparison, rates from the ITE Parking Generation Manual, 4th Edition were used to calculate parking demand generated from the proposed project. The ITE Parking Generation Manual provides averages, ranges, and statistical quality values of parking demand generated by various land uses. The typical parking demand generated by a low/mid-rise apartment development and retail development are summarized in Table 4-1. It should be noted that the actual use for the retail spaces has not been determined. For the purposes of this study, it has been assumed that the retail space would be allocated to general retail/strip commercial shopping center use. Table 4-1 ITE Parking Generation - Weekday Use Classification Unit Quantity ITE Rate (Spaces/Unit) Peak Parking Generation Residential DU 220 1.23 271 General Retail/Strip Commercial Shopping Center TSF 18.90 4.10 77 Apartment Leasing Center TSF 2.00 n/a 5* Total 353 Source: ITE Trip Generation Manual, 4th Edition Quantities: DU = dwelling units. TSF = Thousand Square Feet Note: It is assumed that the apartment leasing center would be allocated 5 parking spaces for employees and visitors The ITE parking generation forecast for a low/mid-rise apartment development of this size is 271 spaces. Of this demand, 33 spaces are assumed to be guest parking that would occur outside of the access controlled portion of the parking garage. 67 spaces are designated for use by AT&T through an existing parking agreement. The peak parking generation for the retail portion of the development is 77 spaces, with an additional five parking stalls allocated to the leasing center. The estimated parking demand generation for the proposed project based on the ITE Parking Generation Manual is 353 spaces if all uses had the same peak hours (420 spaces if all spaces shared with AT&T are in use). This demand is split between the access controlled residential parking in the structure and the open guest/retail parking in the structure and surface parking lot. To provide an understanding of parking demand throughout the day and at particular times of day, particularly for the 157 open parking spaces available to retail customers and guests, a shared parking analysis is necessary as a supplement to this forecast. Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL 18 4.2 SHARED PARKING ANALYSIS – ULI SHARED PARKING A shared parking analysis was conducted to look at the potential benefits of shared parking between the proposed mixed-uses. The Urban Land Institute (ULI) Shared Parking, 2nd Edition was referenced for this analysis. A summary of the shared parking analysis is provided in Table 4-2. Table 4-2 Shared Use Parking Analysis Land Use RS Guest Retail Leasing Center AT&T Unit DU TSF Cars Spaces Quantity 220 18.90 5.00 67 Rate 0.15 4.10 1.00 1 Total Required Parking 33 77 5 67 182 Time of Day RS Guest Retail Leasing Center AT&T RS Guest Retail Leasing Center AT&T Total 6:00 AM 0% 1% 0% 100% 0 1 0 67 68 7:00 AM 10% 5% 0% 100% 3 4 0 67 74 8:00 AM 20% 15% 100% 100% 7 12 5 67 90 9:00 AM 20% 35% 100% 100% 7 27 5 67 106 10:00 AM 20% 65% 100% 100% 7 50 5 67 129 11:00 AM 20% 85% 100% 100% 7 66 5 67 144 12:00 PM 20% 95% 75% 100% 7 74 4 67 151 1:00 PM 20% 100% 100% 100% 7 77 5 67 156 2:00 PM 20% 95% 100% 100% 7 74 5 67 152 3:00 PM 20% 90% 100% 100% 7 70 5 67 148 4:00 PM 20% 90% 100% 100% 7 70 5 67 148 5:00 PM 40% 95% 100% 100% 13 74 5 67 159 6:00 PM 60% 95% 100% 100% 20 74 5 67 165 7:00 PM 100% 95% 75% 100% 33 74 4 67 177 8:00 PM 100% 80% 75% 100% 33 62 4 67 166 9:00 PM 100% 50% 0% 100% 33 39 0 67 139 10:00 PM 100% 30% 0% 100% 33 23 0 67 123 11:00 PM 80% 10% 0% 100% 26 8 0 67 101 12:00 AM 50% 0% 0% 100% 17 0 0 67 84 Shared Peak Parking Demand 177 @ 7:00 PM Unadjusted Peak Parking Requirement 182 Parking Adjustment due to Shared Parking 5 3% Source: ULI Shared Parking, 2nd Edition and ITE Parking Generation Manual, 3rd Edition As noted above, to provide an understanding of parking demand throughout the day, particularly for the 157 open parking spaces available to retail customers and guests, a shared parking analysis is necessary as a supplement to this forecast. The forecast parking demand for the retail, residential guest, per the ITE parking generation rates would be 110 spaces. With the addition of the 67 AT&T parking spaces and 5 employee parking spaces, the total forecast demand would be 182 parking spaces. Using the ULI shared parking methodology, the shared peak parking demand for all uses (residential guest, retail customers, AT&T, and employee) combined is 177 spaces at 7:00 p.m. This is equivalent to a 3% shared parking reduction to the total peak parking demand, or five parking spaces. Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL 19 5 Methodology of Study Typical parking studies involve identifying the minimum number of parking spaces required pursuant to the City’s Zoning Code or utilizing the Institute of Transportation Engineers (ITE) Parking Generation Manual to determine parking demand generated by a specific land use. This parking study is unique, as the proposed project is located in the City’s Mixed-Use Overlay Zone and requires a parking demand study to be conducted to establish the parking requirement for the use. To determine an appropriate minimum parking ratio for the proposed project, the methodology used for this study was a simplified version of the ITE Parking Generation Manual’s methodology for determining parking demand generation. Two sites similar to the proposed project were identified. The sites had similar components to the proposed project, including a similar mix of uses, surrounding uses, and ratio of units to retail space. Parking occupancy surveys were conducted to collect data on parking demand generated by the similar sites. The parking surveys were conducted on a weekday and weekend during the AM, Midday, and PM peak periods to capture the typical peak demand from residential uses and retail uses. To supplement the two survey sites, four additional residential-only apartment developments in Orange County were also surveyed. Based on the data collected from the six survey sites, the average peak hour parking demand per dwelling unit is 1.32 on a weekday and 1.29 on a Saturday. The average park hour parking demand per 1,000 square feet of retail space is 11.10 on a weekday and 16.70 on a Tuesday. Per the ITE Parking Generation Manual, 4th Edition, the typical parking demand is 1.23 spaces per unit. The typical parking demand for retail space is 4.10 spaces per 1,000 square feet of retail space. A summary of these rates is provided in Table 5-1 for residential and Table 5-2 for retail. Table 5-1 Average Peak Hour Parking Demand – Residential Survey Site Total Units Unit Mix Units Occupi ed Weekday Weekend Peak Hour Parking Demand (spaces) Rate (spaces/ unit) Peak Hour Parking Demand (spaces) Rate (spaces/ unit) Survey Site #1 183 1 BR:129 2 BR: 54 174 191 1.32 191 1.32 Survey Site #2 250 1 BR: 105 2-3 BR: 145 225 212 1.04 208 1.02 Survey Site #3 279 1 BR: 164 2 BR: 115 262 354 1.35 356 1.36 Survey Site #4 403 1 BR: 326 2 BR: 77 390 504 1.29 443 1.14 Survey Site #5 460 1 BR: 256 2 BR: 204 440 616 1.40 547 1.24 Survey Site #6 162 1 BR: 70 2 BR: 92 154 238 1.55 260 1.69 Average 290 274 353 1.32 334 1.29 Note: (*) Rate reflects adjusted rate to factor in transit and mixed use – 20% increase for Site #1 and 10% increase for Site #2 The proposed project is reserving 420 spaces for the 220 residential dwelling units in the parking structure and 157 spaces for retail customers and guests in the garage and adjacent surface parking lot. Based on the similar site surveys and recommended parking ratios in the ITE Parking Manual, the proposed project is providing parking spaces at a ratio higher than peak parking demand generated by similar sites in Orange County and the rate anticipated for the project. Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL 21 6 Conclusions The proposed project consists of a mixed-use 220 unit multi-family residential and 18,900 square feet retail development located on the northwest corner of Anaheim Boulevard and Lincoln Avenue. The project is located within the Mixed-Use Overlay Zone and would replace an existing vacant building. A parking demand study was conducted to examine the minimum parking requirements needed for the proposed project and determine whether the project provides sufficient parking spaces to meet this demand. The project is located within the Mixed-Use Overlay Zone and requires a parking demand study to be prepared to establish the minimum parking requirement. The project site plan provides for 577 spaces, which was derived using the parking rates identified in the Platinum Triangle Mixed-Use Overlay Zone, an area that has similar allowable uses. Study summary and findings include:  To establish a minimum parking rate for the proposed project, similar site parking surveys were conducted at five sites located in Anaheim, Fullerton, Santa Ana, Irvine, and Orange, California. Two of the sites have comparable residential dwelling units and retail space as the proposed project, while the additional four survey sites are residential only developments. All properties, including the proposed project possess similar unit mix of about 55% to 60% 1- bedroom and studio units, which typically have lower parking demands.  The average observed peak hour parking rates from the six sites is 1.27 spaces per dwelling unit on a weekday and 1.24 spaces per dwelling unit on a Saturday – unadjusted. The average peak hour parking rates for retail is 11.10 spaces per 1,000 square feet of retail on a weekday and 9.96 spaces per 1,000 square feet of retail space on a Saturday – unadjusted. These rates are comparable to the rates identified in the ITE Parking Generation Manual, 4th Edition.  Additionally, when accounting for proximity to rail transit and employment, the anticipated peak parking demand rate is estimated to be 1.32 spaces per dwelling unit on a weekday and 1.29 spaces per dwelling unit on a weekend.  The survey results suggest that the proposed project is providing parking spaces at a higher rate than peak parking demand generated by similar sites. The proposed project is providing 1.91 parking spaces per dwelling unit, while adjusted peak parking demand averages 1.32 spaces per dwelling units on a weekday and 1.29 spaces per dwelling unit on a weekend. This ratio for residential parking is sufficient to meet demand.  The City of Anaheim recently approved two apartment developments that are providing parking spaces based on a ratio of 1.86 parking spaces per dwelling unit and 1.74 parking spaces per dwelling unit1. 1 Recently approved apartment development parking ratios provided in the Appendix. Anaheim Boulevard and Lincoln Avenue Apartments – Parking Study DRAFT - FINAL 22 Appendix A. PARKING COUNTS – SURVEY SITE #1 B. PARKING COUNTS – SURVEY SITE #2 C. PARKING COUNTS – SURVEY SITE #3 D. PARKING COUNTS – SURVEY SITE #4 E. PARKING COUNTS – SURVEY SITE #5 F. PARKING COUNTS – SURVEY SITE #6 G. PLATINUM VISTA AND PLATINUM GATEWAY PARKING RATIOS H. PARKING AGREEMENT Survey Site #1 - Fullerton, CA Date Location/ Capacity Time Spaces Occupied % Occupied Spaces Occupied % Occupied Spaces Occupied % Occupied Spaces Occupied % Occupied AM Peak Period 5:00 AM 191 86%77 42% 191 86%62 34% 6:00 AM 189 85% 80 44% 170 76% 69 38% 7:00 AM 191 86% 83 45% 125 56% 86 47% 8:00 AM 175 78% 101 55% 104 47% 147 80% 9:00 AM 171 77% 103 56% 100 45% 158 86% Midday Peak Period 11:00 AM 160 72% 49 27% 102 46% 163 89% 12:00 PM 148 66% 111 61% 101 45% 173 95% 1:00 PM 138 62% 111 61%94 42% 169 92% 2:00 PM 139 62% 103 56% 90 40% 157 86% 3:00 PM 137 61% 86 47% 88 39% 139 76% PM Peak Period 6:00 PM 133 60% 85 46% 135 61% 102 56% 7:00 PM 132 59% 111 61% 149 67% 101 55% 8:00 PM 133 60% 110 60% 151 68% 88 48% 9:00 PM 137 61% 107 58% 159 71% 78 43% 10:00 PM 140 63% 109 60% 173 78% 76 42% Peak Occupancy 5:00 AM 86% 1:00 PM 61% 5:00 AM 86% 12:00 PM 95% Saturday, September 1, 2012 Tuesday, September 4, 2012 Residential 223 spaces Retail 183 spaces Residential 223 spaces Retail 183 spaces Survey Site #2 - Santa Ana, CA Date Location/ Capacity Time Spaces Occupied % Occupied Spaces Occupied % Occupied Spaces Occupied % Occupied Spaces Occupied % Occupied AM Peak Period 5:00 AM 208 46%168 51% 206 45% 163 50% 6:00 AM 206 45% 171 52% 212 47%158 48% 7:00 AM 193 43% 162 49% 188 42% 138 42% 8:00 AM 182 40% 170 52% 138 30% 130 40% 9:00 AM 167 37% 168 51% 115 25% 142 43% Midday Peak Period 11:00 AM 148 33% 160 49% 97 21% 139 42% 12:00 PM 133 29% 160 49% 85 19% 153 47% 1:00 PM 132 29% 168 51% 91 20% 153 47% 2:00 PM 133 29% 181 55%90 20% 153 47% 3:00 PM 137 30% 157 48% 92 20% 150 46% PM Peak Period 6:00 PM 148 33% 151 46% 141 31% 137 42% 7:00 PM 153 34% 151 46% 156 34% 142 43% 8:00 PM 161 36% 143 43% 164 36% 149 45% 9:00 PM 171 38% 148 45% 190 42% 159 48% 10:00 PM 181 40% 142 43% 197 43% 167 51% Peak Occupancy 5:00 AM 46% 2:00 PM 55% 6:00 AM 47% 10:00 PM 51% Saturday, September 8, 2012 Tuesday, September 11, 2012 Retail 329 spaces Residential 453 spaces Retail 329 spaces Residential 453 spaces Survey Site #3 - Irvine, CA PARKING STUDY SPACES LOCATION TYPE 500PM 600PM 700PM 800PM 900PM 10PM 11PM 12PM 548 UNMARKED 147 164 203 247 285 295 315 320 11 HANDICAP 34234457 33 GUEST 8 7 7 10 12 12 14 20 8 FUTURE RES 44688877 X ILLEGAL 1 1 1 600 TOTAL VEHICLES PARKED 162 180 218 268 309 320 342 354 100% PERCENTAGE OCCUPIED 27.00% 30.00% 36.33% 44.67% 51.50% 53.33% 57.00% 59.00% PARKING STUDY SPACES LOCATION TYPE 500PM 600PM 700PM 800PM 900PM 10PM 11PM 12PM 548 UNMARKED 301 247 249 264 278 290 299 309 11 HANDICAP 44444468 33 GUEST 24 27 28 27 31 30 29 28 8 FUTURE RES 78888888 X ILLEGAL 1 600 TOTAL VEHICLES PARKED 337 286 289 303 321 332 342 353 100% PERCENTAGE OCCUPIED 56.17% 47.67% 48.17% 50.50% 53.50% 55.33% 57.00% 58.83% Tuesday, September 18, 2012 Saturday, September 15, 2012 Survey Site #4 - Irvine, CA PARKING STUDY SPACES LOCATION TYPE 500PM 600PM 700PM 800PM 900PM 10PM 11PM 12PM 519 Garage UNMARKED 172 241 256 284 324 347 378 397 12 Street A 58777998 9 B69889998 6 Office/lease 06665556 69 Outside A 47 49 52 54 57 56 59 60 28 B 2822232324222525 643 TOTAL VEHICLES PARKED 258 335 352 382 426 448 485 504 100% PERCENTAGE OCCUPIED 40.12% 52.10% 54.74% 59.41% 66.25% 69.67% 75.43% 78.38% PARKING STUDY SPACES LOCATION TYPE 500PM 600PM 700PM 800PM 900PM 10PM 11PM 12PM 519 Garage UNMARKED 245 230 231 251 267 291 309 325 12 Street A 12 11 10 10 10 11 11 11 9 B89989898 6 Office/lease 15665666 69 Outside A 55 56 62 65 68 69 66 64 28 B 2625252724242628 643 TOTAL VEHICLES PARKED 347 336 343 367 383 409 427 442 100% PERCENTAGE OCCUPIED 53.97% 52.26% 53.34% 57.08% 59.56% 63.61% 66.41% 68.74% Tuesday, September 18, 2012 Saturday, September 15, 2012 Survey Site #5 - Orange, CA PARKING STUDY SPACES LOCATION TYPE 600PM 700PM 800PM 900PM 10PM 11PM 12PM 1AM 154 Outside 86 83 93 96 101 115 118 120 585 Garage 295 289 328 366 409 428 449 454 45 Unassigned Garage/guest 29 32 35 40 42 41 41 42 784 TOTAL VEHICLES PARKED 410 404 456 502 552 584 608 616 100% PERCENTAGE OCCUPIED 52.30% 51.53% 58.16% 64.03% 70.41% 74.49% 77.55% 78.57% PARKING STUDY SPACES LOCATION TYPE 600PM 700PM 800PM 900PM 10PM 11PM 12PM 1AM 154 Outside 85 97 101 99 103 100 104 106 585 Garage 305 308 324 338 355 381 392 396 45 Unassigned Garage/guest 45 45 45 45 45 45 45 45 784 TOTAL VEHICLES PARKED 435 450 470 482 503 526 541 547 100% PERCENTAGE OCCUPIED 55.48% 57.40% 59.95% 61.48% 64.16% 67.09% 69.01% 69.77% Wednesday, November 14, 2012 Saturday, November 17, 2012 Survey Site #6 ‐ Anaheim, CA PARKING STUDY SPACES LOCATION TYPE 600PM 700PM 800PM 900PM 10PM 11PM 12PM 1AM 20 Outside 1 unassigned 10 12 13 15 18 17 17 17 338 Garage assigned 148 187 195 185 201 204 208 209 27 Outside 2 unassigned 4 12 17 13 14 15 13 13 385 TOTAL VEHICLES PARKED 162 211 225 213 233 236 238 239 100% PERCENTAGE OCCUPIED 42.08% 54.81% 58.44% 55.32% 60.52% 61.30% 61.82% 62.08% PARKING STUDY SPACES LOCATION TYPE 600PM 700PM 800PM 900PM 10PM 11PM 12PM 1AM 20 Outside 1 unassigned 20 19 20 19 18 18 18 18 338 Garage assigned 114 184 188 196 204 203 209 223 27 Outside 2 unassigned 23 26 24 23 21 18 18 19 385 TOTAL VEHICLES PARKED 157 229 232 238 243 239 245 260 100% PERCENTAGE OCCUPIED 40.78% 59.48% 60.26% 61.82% 63.12% 62.08% 63.64% 67.53% Thursday, May 23, 2013 Saturday, May 25, 2013 Parking Summary:11/28/2012 Number Unit of Stalls/Unit Stalls Req'd Type Units STUDIO 30 1.25 38 1 BR 153 1.50 230 2 BR 159 2.00 318 3 BR 8 2.50 20 Total 350 1.73 606 Total Required 606 Total Provided 610 1.74 Accessible Stalls: Dwelling Units 350 2%7 =7 Req'd Geust Stalls 88 5%4.4 =5 Req'd Accessible Van Parking Parking Provided: Units Per Residential HC Level Parking Stalls Street Parking 4 0 Surface Parking 0 4 2 Subterranen Parking 0 48 0   Parking Structure - 1st Level 68 76 3 Req'd Accessible 1 per 6 H/C stalls Parking Provided PLATINUM VISTA NOTE: OF THE NUMBER OF REQUIRED PARKING SPACES, (0.25) SPACE PER DWELLING UNIT SHALL BE RESERVED AND CLEARLY MARKED FOR GUEST PARKING PER 18.42.0202 =10 H/C + 2 H/C van stalls 2nd Level 70 90 3 3rd Level 72 91 2 4th Level 71 92 1 5th level 69 92 1 6th level 84 7th level 17 Total Provided 350 598 12 TOTAL 610 Parking Summary:11/28/2012 Number Unit of Stalls/Unit Stalls Req'd Type Units STUDIO 8 1.25 10 1 BR 191 1.50 287 2 BR 152 2.00 304 3 BR 39 2.50 98 4 BR (3 BR + LOFT)9 3.50 32 Total 399 1.83 731 Total Required 731 Total Provided 741 1.86 Accessible Stalls: Dwelling Units 399 2%7.98 =8 Req'd Guest Stalls 100 5%5 =5 Req'd Accessible Van Parking Parking Provided: Units Per Residential HC Level Parking Stalls Street Parking 21 Surface Parking 4 2 Parking Structure - 1st Level 108 112 3   2nd Level 86 119 3 3rd Level 115 119 3 4th Level 90 120 2 5th level 124 6th level 109 Total Provided 399 728 13 TOTAL 741 Req'd Accessible 1 per 6 H/C stalls Parking Provided PLATINUM GATEWAY NOTE: OF THE NUMBER OF REQUIRED PARKING SPACES, (0.25) SPACE PER DWELLING UNIT SHALL BE RESERVED AND CLEARLY MARKED FOR GUEST PARKING PER 18.42.0202 =10 H/C + 3 H/C van stalls ATTACHMENT NO. 8 Rickey M. Warner Senior Vice President Lic. 00645389 CBRE, Inc. Brokerage Services Commercial Properties Broker Lic. 00409987 December 13, 2011 Mr. CJ Amstrup Planning Services Manager City of Anaheim, City Hall 200 S. Anaheim Blvd. 1st Floor, Planning Dept. Anaheim, CA 92805 RE: Equity Residential, November 7, 2011 Development Plan S. Anaheim Blvd and Lincoln Ave. Dear Mr. Amstrup, CBRE and/or its employees have for many years been intimately involved in participating in Anaheim’s growth from a rural community to a regional economic powerhouse. Today, CBRE is a major industry player that represents a significant portion of the Real Estate market in Central Orange County. Part and parcel to the evolution of any City, past development that has become economically obsolescent must be re-evaluated and planned for new and different uses for the long term benefit and healthy growth of any city. CBRE is currently involved with one such “evolution” and represents AT&T in the sale and re-use of the 4 1/2 acre site located at the southwest corner of South Anaheim Boulevard and Lincoln Avenue in central Anaheim. CBRE has worked diligently for almost 5 years seeking a qualified developer to purchase and re-entitle the site for new development. Our marketing effort over these years was hampered by the severe impact of the most recent economic downturn and the rapid change in the real estate market. The result of our effort eventually produced a viable plan by Equity Residential (“EQR”) to purchase the property and develop a high quality residential project that we believe will encourage further investment in the immediate area. EQR’s most recent plan of November 7, 2011 is the result of years of planning and is a thoughtful response to the current marketplace and the needs of the community. We at CBRE look forward to Anaheim approving this project and of our continued involvement in Anaheim’s’ future. Sincerely Yours, 1100 W Town & Country Rd, Suite 1200 O r ange, CA 92868 714 371 9250 Tel 714 371 9333 Fax rick.warner@cbre.com www.cbre.com Michael Johsz AT&T Services Inc. Corporate Real Estate 1452 Edinger Room 2210 Tustin, CA 92780 T: 714.259.3133 F: 714.247.0034 mj2161@att.com December 9, 2011 Mr. Scott Koehm City of Anaheim Anaheim Planning Department 200 South Anaheim Blvd, Suite 162 Anaheim, Ca 92805 Re: AT&T site- Lincoln Avenue at Anaheim Blvd Dear Mr. Koehm: We have had the opportunity to review the draft site plan and architectural elevations for the proposed Equity Residential mixed use project being proposed at the northwest corner of Lincoln Avenue and Anaheim Boulevard. AT&T would like to express support for the proposed development. As one of the largest employers in downtown Anaheim, providing housing choices for a wide array of residents and the labor force critical to sustaining the economy that cannot find reasonably priced housing or cannot locate within an appropriate commuting distance of jobs is important and a key component to smart growth in the future. Sincerely, Mike Johsz AT&T Services, Inc. Regional Manager Corporate Real Estate From:Bill Taormina To:Scott Koehm Subject:STRONG SUPPORT OF EQUITY RESIDENTIAL PROJECT AT LINCOLN AND ANAHEIM BLVD Date:Saturday, October 12, 2013 9:37:34 AM Dear Scott This email shall serve as my STRONG SUPPORT of the residential apartment project that is being proposed by EQUITY RESIDENTIAL for the northwest corner of Lincoln and Anaheim Boulevard. This is an excellent project that has been well-planned and will be a great asset to a community. We need more people living in downtown Anaheim! This project will bring a fresh new set of residents and customers to the many small businesses surrounding this property. Thank you, Bill Taormina From:Sheri Vander Dussen To:Scott Koehm ; CJ Amstrup Subject:Fwd: Strong support of Equity Residential Project at NWC Anaheim Blvd and Lincoln Date:Saturday, October 12, 2013 4:22:47 PM Sent from my iPad Begin forwarded message: From: Bill Taormina <bill@mycleancity.net >Date: October 12, 2013 at 10:00:14 AM PDTTo: "svanderdussen@anaheim.net " <svanderdussen@anaheim.net >Subject: Strong support of Equity Residential Project at NWCAnaheim Blvd and Lincoln Dear Ms. Van Derdussen, This email shall serve as my strong support of the project proposed by Equity Residential for the north-west corner of Anaheim Boulevard and Lincoln. This is an excellent project that has been well-planned and will serve as a major asset to our community. Sadly, some local residents have chosen to oppose this project for reasons that simply make no sense. We need more people, more customers, and more excitement in our downtown Anaheim core area. This project will bring life back to an area that has been under-utilized for over fifty years. Please advise all members of our Planning Commission to APPROVE THIS PROJECT AS SUBMITTED for the good of Anaheim's future. We are fortunate to have a multi-billion dollar real estate firm like Equity Residential take an interest in our city, let's welcome them to Anaheim with a unanimous vote of APPROVAL! Thank you, Bill Taormina 714-308-0220 From:Sheri Vander Dussen To:CJ Amstrup; Scott Koehm Subject:FW: While it is certainly less desirable to live in the Anaheim Colony than Old Towne Orange .... Date:Thursday, October 10, 2013 3:16:23 PM FYI     From: Olesen, Keith [mailto:kolesen@componentscenter.com] Sent: Thursday, October 10, 2013 3:05 PM To: MotherColony@yahoogroups.com Cc: Sheri Vander Dussen Subject: While it is certainly less desirable to live in the Anaheim Colony than Old Towne Orange ....   That line is part of a realtor’s description of a house that’s for sale in the colony. Actually it’s the beginning of the blurb they wrote about the Tucker’s old house on Zeyn (Zeyn and Sycamore) that appeared today. The reason it really jumped out at me when I read it today maybe even more so than it normally would, is the fact that I, along with many of you, got notices in the mail recently about the upcoming Planning Commission meeting regarding the project being proposed for the former AT&T site bordered by Anaheim Blvd, Lincoln, Lemon, and Cypress. A large number of people in this email group are familiar with the site and the project and I know a significant number have spent time meeting with the city planning department, the developer, city leaders, and anyone else in any way connected to or interested in the project. Without going into all the details, most of which have been discussed on this email group before, let’s just say it’s not exactly what residents anywhere near the project would like to see built in their neighborhood. At least not any with whom I’ve spoken about it. Briefly, it’s a 4 story, 220 unit square stucco apartment box. It’s being called a “mixed use” project, which is the General Plan designation for the property, however location of the retail component location along Anaheim Blvd instead of the more logical and appropriate location along the southern boundary of the project along Lincoln Ave is one of the major contention with people. Add that to the ingress and egress for the project being focused along Cypress and you have a project, without even getting into the Irvine-esque-Platinum Triangle-pseudo architecture, that not only doesn’t compliment or improve the surrounding neighborhood, but in fact has a strong negative impact on it. It is a very good example of why someone selling an historic home in the area may be tempted to preface their advertisement for it by saying something like “while it is certainly less desirable to live in the Anaheim Colony than Old Towne Orange…”. Residents met with the developer on several occasions. Ideas, suggestions, and pretty much anything contributed by them for the most part fell on deaf ears. It’s now up to our elected and appointed officials to do what they are elected or appointed to do: Look out for the best interests of the community. They can do so by denying this project and demanding that a quality, compatible project, that will add to and not detract from the community, be brought to them. No one is against development. We’re against projects like this one. There is no “plus-side” to this project (unless of course you are Equity Residential, the developer of this load). This is the last parcel of any significant size in the downtown area left to be developed. It is, as the Mayor, several city council members, and many other people have referred to it, literally the intersection of “Main Street, Anaheim and Main Street, Anaheim.” This parcel and the community deserve better. I would urge all residents, but particularly anyone who lives anywhere near this proposed project, to voice your objections to the planning commission. To have it included in their packet for their meeting it should be done and submitted to the planning department before the end of business tomorrow, Friday, October 11. Thanks Keith PS: I’ve copied Sheri Vander Dussen, the head of Anaheim’s Planning Department on this email so that it and any comments others might want to make can be included in the Planning Commissions information on this project.   From:Maurice Turner To:CJ Amstrup; Scott Koehm Cc:Sheri Vander Dussen Subject:In Opposition To The Proposed Development By Equity Residential Date:Monday, October 14, 2013 3:36:24 PM Please consider this as my statement of opposition to the Equity Residential proposed development. I am in agreement with the letter below that has been signed by many of my fellow Colony neighbors. I request that this message be included in the information presented to the Planning Commissioners. Thank you - Maurice Turner To Chair and Members of the Planning Commission, The historic preservation community--Anaheim Colony Historic District, 5 Points Historic District, Palm Historic District, Hoskins Historic District, and City Wide Historic Contributors- -are STRONGLY opposed to the Equity Residential apartment project. The development, planned for the former AT&T building site located at Lincoln Avenue and Anaheim Boulevard, is wholly unsuitable and inappropriately sited to be compatible with the surrounding historic neighborhood, which was primarily built out in the early 1900s. Residential street patterns and neighborhoods in early Anaheim were laid out differently than post-1950s developments, designed for less vehicular usage, and with smaller lot sizes, narrower streets, single car detached garages with alley access and houses oriented to the street. These characteristics were part of a deliberate design strategy to encourage residents to use their front yards and porches, to permit them to walk safely to local businesses and community events and to interact with their neighbors and neighborhood. Increased street traffic that solely enters and exits our neighborhoods, a direct consequence of the planned Equity Residential apartment project, is counterproductive to the fabric and design of our community, and will sap the vitality from our streets, creating public spaces and sidewalks where nobody walks, and destroying the pedestrian life and safety that our community currently enjoys and deeply values. The proposed, oversized and dense Equity Residential development (with four-story apartment buildings) is inconsistent with the design of our existing neighborhoods and makes no attempt to connect with the historical nature of the century old homes and neighborhoods of the downtown area. This project provides no added value to our neighborhoods and to the contrary, provides nothing more than 220 additional households to the downtown area, thousands of vehicular trips through our historic residential neighborhoods, and increases in noise and pollution. It is important to stress that this project is being planned for the last land parcel of significant size to be developed in the downtown area. As many concerned residents and city leaders have pointed out, including Anaheim' s Mayor Tait, this is the intersection of "Main Street and Main Street" and as such should be a project of real significance and benefit to the community. This apartment project is NOT. The physical appearance of the project has changed very little from the developer' s initial plan, despite input from several deeply rooted members of the community. By its very design and layout, the project is detrimental to the surrounding neighborhoods. It is a Platinum Triangle/Irvine- style project and is not compatible in any way with our historic neighborhood. It is another high density rental project consisting of a square stucco box whose only contributions to the Anaheim Colony Historic District are negative - noise, traffic, overcrowding and visual pollution. City Planning staff is to be commended for informing us of this proposed development, however, at the Central District Neighborhood Council meetings, the presentations regarding this project were made without the developer being present and often without updated specifics. There have been repeated delays and obstacles in obtaining current information from the developer and staff, especially with regard to some of the primary issues/complaints voiced by the community, namely the parking study, the location of the retail components of this project and the concentration of traffic being directed into the historic residential neighborhoods rather than on to and off the existing major traffic artery that is Lincoln Avenue. It is our recommendation that this project be DENIED and not be brought back to the Planning Commission until such time as: 1. The orientation of the housing and retail aspects of the project, including ingress and egress for the development, can be changed to permit Lincoln Avenue or another reasonable and acceptable alternative to be the primary entrance and exit for residents, visitors, and retail uses (several alternatives have already been proposed by concerned residents, but have not received serious consideration) ; 2. Community meetings are held to allow impacted residents of the adjacent neighborhoods the opportunity to provide input to the development and have that input incorporated into the project' s design; 3. The retail portion of the development is thoughtfully planned to ensure its success; and 4. The massing of the development is reworked to minimize its looming, visual impact on the street and the surrounding historic neighborhoods. Sincerely, Barbara Gonzalez Dinah Torgerson Celeste Clary Keith Olesen Phyllis Mueller From:helen myers To:Pagarwal7@hotmail.com; cabpb@earthlink.net; mtc@howardroofing.com; Mlieberman92805@gmail.com; itps194@yahoo.com ; Ramirez.victoria@gmail.com; seymour.j@sbcglobal.net Cc:Sheri Vander Dussen ; Scott Koehm; CJ Amstrup Subject:The proposed building on the Anaheim Blvd/Lincoln corner Date:Friday, October 11, 2013 12:25:51 PM Hello Planning Commissioners, Lonny and Helen Myers join with our neighbors in asking that you reject the current proposed plans for the property at Anaheim Blvd & Lincoln. As most of you already know, the area already has issues with traffic and density, so adding another few hundred units with the accompanying cars will be incredibly destructive to our community. Please advise the developer to come up with a better plan for the property. Sincerely, Lonny & Helen Myers 417 S Citron St. From:ibcomwiz@aol.com To:Scott Koehm Cc:CnJRomero@aol.com Subject:Zone Change for Old ATT Building Date:Tuesday, October 08, 2013 4:07:06 PM Mr. Koehm, Having lived at 521 N. Zeyn for 22 years and being part of the crew that cleaned up Pearson Park. Also some involvement in traffic calming of Sycamore, I feel that adding another 440 cars (apt owners (2 cars each apt) and business patrons)) would be too much for Lincoln and Anaheim Blvd.. Plus the fact that there is a lot of foot traffic from Anaheim High School on Lincoln, Lemon and Sycamore St. The idea of this many apt (condos) is in my opinion unrealistic. As it stands now there is a lot of vehicles traveling to and fro on Lemon St. Just the thought of adding this many more cars is asking for trouble. Who is going to be responsible for the wear and tear to the streets, sidewalks? Respectfully, Jimmie Romero 714-423-9134 DATE: AUGUST 19, 2013 TO: CITY COUNCIL/ CITY MANAGER FROM: CULTURAL AND HERITAGE COMMISSION SUBJECT: SUPPORT FOR ACQUIRING DOWNTOWN PROPERTIES I am writing on behalf of the Anaheim Cultural and Heritage Commission to express our support for acquiring the former AT&T parking lot and the AT&T buildings, if they become available for purchase, to be developed for cultural and arts purposes. The Report on Cultural Facilities in the City of Anaheim, prepared by this commission, identifies the extreme need for additional performing arts venues. These properties would be an exciting addition to our newly developing downtown. The many new residents coming to live in and enjoy our downtown and historic districts will add to our current population and build a strong base of support for future facilities. The heart of art located in the heart of our downtown sounds like a formula for success. We ask that you direct city staff to monitor these properties and move forward with purchasing them when possible for development as cultural venues. Sincerely, Chris Maya, Chair Cultural and Heritage Commission c: T. Lowe L. Smith ATTACHMENT NO. 10