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RES-2016-030RESOLUTION NO. 2016-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2013-00348 AND ADOPTING FINDINGS OF FACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, MITIGATION MONITORING PROGRAM NO. 312, AND A WATER SUPPLY ASSESSMENT FOR THE ANAHEIM CANYON SPECIFIC PLAN AND RELATED ACTIONS. (DEV2011-00125) WHEREAS, the Anaheim Canyon encompasses approximately 2,600 acres in the northern portion of the City of Anaheim, roughly bounded on the north by Orangethorpe Avenue, on the south by the Santa Ana River, on the east by Imperial Highway (SR -90), and on the west by the Orange Freeway (SR -57); and WHEREAS, in 1989, the Anaheim City Council approved the PacifiCenter Anaheim Specific Plan No. 88-3 (the "SP 88-3 Specific Plan") together with zoning and development standards applicable to the SP 88-3 Specific Plan area that are set forth in Chapter 18.106 (PacifiCenter Anaheim Specific Plan No. 88-3 (SP88-3) Zoning and Development Standards) (the "SP 88-3 Zone") of the Anaheim Municipal Code (the "Code") to guide development of a mixed use center that would include offices, retail, restaurants and a hotel with supporting services to encourage transit use and facilitate business operations on approximately 26 acres, located south of La Palma Avenue, west of Tustin Avenue, north of the Riverside Freeway (SR - 91) and east of the Metrolink rail line; and WHEREAS, in 1995, the Anaheim City Council approved the Northeast Area Specific Plan No. 94-1 (the "SP94-1 Specific Plan") together with zoning and development standards applicable to the SP 94-1 Specific Plan area that are set forth in Chapter 18.120 (Northeast Area Specific Plan No. 94-1(SP94-1) Zoning and Development Standards) (the "SP 94-1 Zone") of the Code to provide for a wide variety of industrial and commercial uses within an area generally consistent with the Anaheim Canyon, excluding properties within the SP88-3 Specific Plan area; and WHEREAS, in 2011, the City of Anaheim was awarded a grant from the California Strategic Growth Council to prepare a Specific Plan for Anaheim Canyon to replace the development requirements of the existing zoning on the properties in this area, remove regulatory obstacles to the reuse of existing structures, promote infill development of currently vacant or underutilized properties, encourage sustainable development, and create a business environment attractive to a wide variety of industries; and WHEREAS, staff has initiated the preparation of a proposed Specific Plan for the establishment of the Anaheim Canyon Specific Plan Area in the form presented to this Planning Commission; and WHEREAS, staff determined that several properties outside of the SP94-1 Specific Plan Area should also be included within the boundaries of the proposed Anaheim Canyon Specific Plan Area because they have uses that are similar to the uses on adjacent properties within the SP94-1 Specific Plan Area, which additional properties include commercial properties located east of SR -90, properties adjacent to and including the Santa Ana River, and property located southwest of the intersection of the Burlington Northern Santa Fe rail line and Tustin Avenue, currently designated for industrial use; and WHEREAS, there are currently approximately 27.9 million square feet of non-residential buildings within the boundaries of the proposed Anaheim Canyon Specific Plan Area. Formation of the Anaheim Canyon Specific Plan Area in accordance with the proposed Specific Plan would result in the potential to develop an additional 19.6 million square feet of non-residential building area; and WHEREAS, there are currently 312 multi -family residential units in the Transit Core Area (Development Area 4) of the SP94-1 Zone. Formation of the Anaheim Canyon Specific Plan Area would result in the potential to develop an additional 2,607 multi -family residential units within Development Area 3: Transit -Oriented Area of the proposed Anaheim Canyon Specific Plan; and WHEREAS, a series of actions is required to establish a Specific Plan for the Anaheim Canyon Specific Plan Area (collectively, the "Proposed Actions"), including: 1. General Plan Amendment No. 2014-00492 to amend the Land Use, Circulation, Green, Economic Development, and Community Design Elements of the General Plan of the City of Anaheim to be consistent with the proposed Anaheim Canyon Specific Plan No. 2015- 01; and 2. Specific Plan Amendment No. 2014-00065 to rescind PacifiCenter Anaheim Specific Plan No. 88-3 and Northeast Area Specific Plan No. 94-1, and to adopt the Anaheim Canyon Specific Plan No. 2015-1; and 3. Zoning Code Amendment No. 2014-00115 to amend Title 18 (Zoning) of the Anaheim Municipal Code to (a) rescind Chapter 18.106 (PacifiCenter Anaheim Specific Plan No. 88-3 (SP 88-3) Zoning and Development Standards) and Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards), (b) adopt Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-01 (SP 2015-01) Zoning and Development Standards), and (c) amend other portions of the Anaheim Municipal Code to be consistent with the addition of said new Chapter 18.120; and 4. Reclassification No. 2014-00262 to apply the zoning and development standards of the proposed new Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-01 (SP 2015-01) Zoning and Development Standards) to those properties within the Anaheim Canyon Specific Plan Area that are currently classified under the SP 88-3 Zone, the SP 94-1 Zone, the "I" Industrial Zone, the "C -G" General Commercial Zone, the "T" Transition Zone, and the Scenic Corridor (SC) Overlay Zone. 2 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 Actions; and WHEREAS, in September, 2013, City Council approved a contract with Placeworks (formerly The Planning Center DC&E) to prepare Environmental Impact Report No. 2013-00348 ("Draft EIR No. 348") for the Proposed Actions; and WHEREAS, a Notice of Preparation ("NOP") for Draft EIR No. 348 was distributed to the public on October 28, 2013. The public review period for the initial study ended on November 27, 2013. The City held a public scoping meeting on November 12, 2013 to provide members of the public with an opportunity to learn about the Proposed Actions and to ask questions and provide comments about the scope and content of the information to be addressed in Draft EIR No. 348; and WHEREAS, Draft EIR No. 348 was made available for a 45 -day public review period from May 28, 2015 to July 13, 2015. The Notice of Availability ("NOA"), which also included noticing for the Planning Commission public hearing and a tentative date for the City Council public hearing, was sent to a list of interested persons, agencies and organizations, as well as property owners within the proposed Anaheim Canyon Specific Plan Area and within a 300 -foot radius thereof. The Notice of Completion ("NOC") was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The NOA was posted at the Orange County Clerk -Recorder's office on May 28, 2015. Copies of Draft EIR No. 348 were made available for public review at the City of Anaheim Planning Department and has been available for download via the City's website; and, WHEREAS, in accordance with California Water Code Section 10910, Draft EIR No. 348 includes a Water Supply Assessment ("WSA") dated October 2014 as Appendix J, which concludes that a sufficient water supply and its reliability is and will be available for the Anaheim Canyon Specific Plan Area; and WHEREAS, in conformance with Sections 15132 and 15362(b) of the CEQA Guidelines, Final Environmental Impact Report No. 2013-00348 (herein referred to as "Final EIR No. 348") will consist of Draft EIR No. 348, the comments and recommendations received on Draft EIR No. 348 (either verbatim or in summary), a list of persons, organizations and public agencies that submitted comments on Draft EIR No. 348, the responses of the City, as lead agency, to significant points raised in the review and consultation process, the Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring Program No. 312 prepared for the Proposed Actions. A complete copy of Final EIR No. 348 is on file and can be viewed in the Anaheim Planning and Building Department and on the project website at www.anaheim.net/anaheimcanyon. Final EIR No. 348 is identified on the webpage as "Final Environmental Impact Report"; and 3 WHEREAS, on August 24, 2015, the Planning Commission of the City of Anaheim (hereinafter referred to as "Planning Commission") did hold a public hearing, which was continued to October 5, 2015 and, due to a lack of a quorum on that date, continued again to October 19, 2105, 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 Code, to hear and consider evidence and testimony concerning the contents and sufficiency of Draft EIR No. 348 and for and against the Proposed Actions, and to investigate and make findings in connection therewith; and WHEREAS, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, the Planning Commission adopted its Resolution No. PC2015-083 on October 19, 2015, recommending that this City Council approve and adopt the WSA and certify Final EIR No. 348; and WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2015-083, PC2015-084, PC2015-085, PC2015-086 and PC2015-087, a summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 26a' day of January 2016, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing for the purpose of considering Final EIR No. 348 and the Proposed Actions; and WHEREAS, on January 26, 2016, the City Council did conduct a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against Final EIR No. 348 and the Proposed Actions and to investigate and make findings in connection therewith; and WHEREAS, based upon the evidence and reports received at said public hearing, and upon the studies and investigation made by itself and in its behalf, the City Council finds and determines as follows: 1. Final EIR No. 348 has been presented to and independently reviewed and considered by the City Council; 2. Final EIR No. 348 reflects the independent judgment and analysis of the City Council; 3. Final EIR No. 348 has been processed and completed in compliance with the requirements of CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual; and 4. Final EIR No. 348 is adequate to serve as the environmental documentation for the Proposed Actions. WHEREAS, in conformance with the requirements of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, the City has prepared, or caused to be prepared, the (i) "CEQA Findings of Fact and Statement of Overriding Considerations Regarding the Final Environmental Impact Report for the Anaheim Canyon Specific Plan", which is attached hereto S as Exhibit A and incorporated herein by this reference as though set forth in full, and (ii) Mitigation Monitoring Program No. 312, which is attached hereto as Exhibit B and incorporated herein by this reference as though set forth in full; and WHEREAS, to the extent authorized by law, the City desires and intends to use Final EIR No. 348 as the environmental documentation required by CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed Actions; and WHEREAS, this City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby certifies Final EIR No. 348 and approves and adopts the WSA, the Findings of Fact and Statement of Overriding Considerations attached hereto as Exhibit A, and Mitigation Monitoring Program 312, attached hereto as Exhibit B. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2 6 day of January , 2016, by the following roll call vote: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt NOES: None ABSENT: None ABSTAIN: None ATTES . md,— CITY CLERK OF THE CITY OF A15NAHEIM 113077v4/TJR 5 CITY OF HEIM MAYOR OF THE dITY OF ANAHEIM EXHIBIT "A" CEQA FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE ENVIRONMENTAL IMPACT REPORT FOR THE ANAHEIM CANYON SPECIFIC PLAN [Behind this page.] CEQA FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE ANAHEIM CANYON SPECIFIC PLAN STATE CLEARINGHOUSE NO. 2013101087 Exhibit A I. BACKGROUND The California Environmental Quality Act (CEQA) requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report (EIR) prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. This document provides the findings required by CEQA. A. PROJECT SUMMARY The Anaheim Canyon Specific Plan (ACSP) Project would update and consolidate two specific plans (the Northeast Area Specific Plan and the PacifiCenter Anaheim Specific Plan) and the Scenic Corridor Overlay Zone, as it relates to Anaheim Canyon, into one new specific plan. The Northeast Area Specific Plan currently guides development for most of the industrial area in Anaheim Canyon, and the PacifiCenter Anaheim Specific Plan covers approximately 26 acres at the southwest corner of La Palma and Tustin Avenues. The ACSP is funded by the Sustainable Communities Planning Grant (Proposition 84) awarded to the City by the State of California's Strategic Growth Council (SGC). Various community meetings, outreach, workshops, and surveys have taken place with the Anaheim Canyon Advisory Group, partner agencies, and elected and appointed officials to provide input into the vision for the Anaheim Canyon. The goal of the ACSP is to encourage sustainable development and create a business environment attractive to a wide variety of industries, especially high tech, green, and new energy businesses. The ACSP is anticipated to remove obstacles to the reuse of existing structures and promote infill development of currently vacant or underutilized properties. It would also facilitate and encourage use of non -vehicular transportation by improving the Anaheim Canyon Metrolink Station and providing sidewalks, bike lanes, and trails. The ACSP would promote the use of sustainable building systems through a variety of zoning, building, and utilities incentives, and would serve as a green development guide. The Draft ACSP may be viewed on the project webpage at www.anaheirn.net/anaheimcanyon. At buildout, the ACSP would allow for the redevelopment of existing uses, resulting in approximately 47 million square feet of non-residential land use and 2,919 dwelling units, as shown in Table 1-1. There are currently approximately 27.9 million square feet of non-residential buildings in the ACSP area, and the Proposed Project would result in an additional 19.6 trillion square feet of Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations - 1 - non-residential building area. All of the residential units would be within Development Area 3 (DA 3), Transit Oriented Development Area, and there are 312 existing multi -family residential units in the DA 3. Table 1.1 Anaheim Canyon Specific Plan Development Statistical Summary Non Residential Development Area Total Acreage Maximum FAR Existing Building Area (Square Feet) Maximum Buildout (Square Feet) Increase/Change DA1 (Industrial) 1,377.43 0.50 21,770,6291 30,000,590.56 8,229,961.56 DA2 (Recycling) 88.72 0.50 700,267 1,932,298.72 1,232,031.72 DA3 (Transit Oriented) 48.65 3.00 1 589,0492 6,357,881.45 5,360,574.45 DA4 (Local Commercial) 63.94 0.45 1,563,364 1,253,273.05 -310,090.95 DA5 (General Commercial) 142.07 0.50 2,171,054 3,094,207.52 923,153.52 DA6 (Open Space/Water Area) 821.61 0.10 10,571 3,578,922.13 3,568,351.13 DA7 (Flex Area) 58,15 0.50 1,101,222 1,266,452.88 165,230.88 Total 2,600.57 27,906,156 47,483,626.31 19,577,470.31 Residential I It excludes the 11,695 square feet of single-family residential dwelling units to account only for the non-residential area. 2 It excludes the 408,258 square feet of multi -family residential dwelling units to account only for the non-residential area. Proposed Amendments Approval of the ACSP would require amendments to the General Plan, zoning text and zoning map, and Orange County Transportation Authority's (OCTA) Master Plan of Arterial Highways. Together, the ACSP, proposed amendments, and their implementation constitute the "Project" for purposes of the CEQA. Below is a description of the proposed amendments to each of these documents. ■ GPA2014-00492: Amend the General Plan Land Use, Circulation, Green, Economic Development, and Community Design Elements to provide consistency with the Anaheim Canyon Specific Plan, including but not limited to changes in land use, expanding the description of the Water Use land use category to allow certain non -water uses within Anaheim Canyon, a new "Complete Streets Connector" roadway classification, changing references to the Project Area from "The Canyon" to "Anaheim Canyon," and modifications to Anaheim Canyon bikeways and trails. No substantive changes to General Plan Goals or Policies are proposed. ■ SPN2014-00065: Rescind the PacifiCenter Anaheim and Northeast Area Specific Plans and adopt the Anaheim Canyon Specific Plan. ■ ZCA2014-00115: Amend Title 18 (Zoning) of the Anaheim Municipal Code to (a) rescind Chapter 18.106 (PacifiCenter Anaheim Specific Plan No. 88-3 (SP88-3) Zoning and Development Standards) and Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP94-1) Zoning and Development Standards), (b) adopt Chapter 18.120 (Anaheim Canyon Specific Plan Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations - 2 - Maximum Total Dwelling Existing Dwelling Maximum Buildout Development Area Acreage Units/Acre Units (Dwelling Units) Difference DA3 (Transit Oriented) 48.65 60 312 2,919 2,607 I It excludes the 11,695 square feet of single-family residential dwelling units to account only for the non-residential area. 2 It excludes the 408,258 square feet of multi -family residential dwelling units to account only for the non-residential area. Proposed Amendments Approval of the ACSP would require amendments to the General Plan, zoning text and zoning map, and Orange County Transportation Authority's (OCTA) Master Plan of Arterial Highways. Together, the ACSP, proposed amendments, and their implementation constitute the "Project" for purposes of the CEQA. Below is a description of the proposed amendments to each of these documents. ■ GPA2014-00492: Amend the General Plan Land Use, Circulation, Green, Economic Development, and Community Design Elements to provide consistency with the Anaheim Canyon Specific Plan, including but not limited to changes in land use, expanding the description of the Water Use land use category to allow certain non -water uses within Anaheim Canyon, a new "Complete Streets Connector" roadway classification, changing references to the Project Area from "The Canyon" to "Anaheim Canyon," and modifications to Anaheim Canyon bikeways and trails. No substantive changes to General Plan Goals or Policies are proposed. ■ SPN2014-00065: Rescind the PacifiCenter Anaheim and Northeast Area Specific Plans and adopt the Anaheim Canyon Specific Plan. ■ ZCA2014-00115: Amend Title 18 (Zoning) of the Anaheim Municipal Code to (a) rescind Chapter 18.106 (PacifiCenter Anaheim Specific Plan No. 88-3 (SP88-3) Zoning and Development Standards) and Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP94-1) Zoning and Development Standards), (b) adopt Chapter 18.120 (Anaheim Canyon Specific Plan Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations - 2 - No. 2015-01 (SP 2015-01) Zoning and Development Standards), and (c) amend other portions of the Anaheim Municipal Code to be consistent with the addition of the new Chapter 18.120. ■ RCL2014-00262 Apply the zoning and development standards of the proposed new Chapter 18.120 to those properties within the Anaheim Canyon that are currently classified under the SP 88-3 Zone, the SP 94-1 Zone, the "I" Industrial Zone, the "C -G" General Commercial Zone, the "T" Transition Zone, and the Scenic Corridor (SC) Overlay Zone. B. ENVIRONMENTAL REVIEW PROCESS In conformance with CEQA, the State CEQA Guidelines, and the City of Anaheim CEQA Guidelines, the City of Anaheim conducted an extensive environmental review of the Proposed Project. ■ The City determined that an ETR would be required for the Proposed Project and issued a Notice of Preparation (NOP) on October 28, 2013. Pursuant to CEQA Guidelines Section 15060(d) and 15063 that allow leady agency to skip preparation of an Initial Study and begin work directly on the EIR process, a NOP was issued without accompanying Initial Study. The public review period for the NOP extended from October 28, 2013, to November 27, 2013. A scoping meeting was held on November 12, 2013. ■ The scope of the DEIR was determined based on the Environmental Checklist Form, comments received in response to the NOP and comments receiving from the Scoping Meeting. Section 2.2 of the DSEIR describes the issues identified for analysis in the DEIR. ■ The DEIR eliminated detailed analysis of Agriculture/Forestry Resources and Cultural Resources topical areas in Chapter 5, Environmental Analysis, of the DEIR, and substantiated in Chapter 8, Impacts Found Not to be Sign of the DEIR. ■ The City prepared a DEIR, which was made available for a 45 -day public review period beginning May 28, 2015, and ending July 13, 2015. ■ The City prepared a Final FIR (FEIR), including the Responses to Comments to the DEIR, the Findings of Fact, and Statement of Overriding Considerations. The FEIR/Response to Comments contains comments on the DEIR, responses to those comments, revisions to the DEIR, and appended documents. The City also prepared a Statement of Overriding Considerations for the impacts found to be significant and unavoidable (air quality, greenhouse emissions (GHG), noise, and transportation/traffic). ■ The City held public hearings on the Proposed Project during the regular Planning Commission meeting on August 24, 2015, which was continued to October 5, 2015, and due to lack of quorum on that date, continued again to October 19, 2015; and, the City Council meeting on January 26, 2016. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations - 3 - C. RECORD OF PROCEEDINGS For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project consists of the following documents and other evidence, at a minimum: ■ The NOP and all other public notices issued by the City in conjunction with the proposed project ■ The DEIR for the proposed project ■ All written comments submitted by agencies or members of the public during the public review comment period on the DEIR ■ All responses to written comments submitted by agencies or members of the public during the public review comment period on the DEIR ■ The reports and technical memoranda included or referenced in the Response to Comments ■ All written and verbal public testimony presented during a noticed public hearing for the proposed project ■ The FEIR for the proposed project ■ All documents, studies, EIRs, or other materials incorporated by reference in the DEIR and FEIR ■ The Mitigation Monitoring Program ■ The Resolutions adopted by the City in connection with the proposed project, and all documents incorporated by reference therein, including comments received after the close of the comment period and responses thereto ■ Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations ■ Any documents expressly cited in these Findings ■ Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e) D. CUSTODIAN AND LOCATION OF RECORDS The documents and other materials that constitute the administrative record for the City's actions related to the Proposed Project are at the City of Anaheim Planning Department, 200 S. Anaheim Boulevard, Suite 162, Anaheim, CA 92805. The Planning Department is the custodian of the administrative record for the project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the offices Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations - 4 - of the Planning Department. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and Guidelines Section 15091(e). H. FINDINGS AND FACTS AND OVERRIDING CONSIDERATIONS The City of Anaheim, as lead agency, is required under CEQA to make written findings concerning each alternative and each significant environmental impact identified in the DEIR and FEIR. Specifically, regarding findings, Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the FEIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the FEIR. (b) The findings required by subsection (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations - 5 - (e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. The "changes or alterations" referred to in Section 15091(a)(1) may include a wide variety of measures or actions as set forth in Guidelines Section 15370, including: (a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments. III. FINDINGS AND FACTS REGARDING IMPACTS A. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT Initial Study Pursuant to CEQA Guidelines Section 15060(d) and 15063 that allow leady agency to skip preparation of an Initial Study and begin work directly on the EIR process, a NOP was issued without accompanying Initial Study. All topical areas of evaluation included in the Environmental Checklist were determined to require further assessment in an EIR. Final EIR This section identifies impacts of the proposed project determined to be less than significant without implementation of project -specific mitigation measures. The DEIR concluded that all or some of the impacts of the Proposed Project with respect to the following issues either will not be significant or will be reduced to below a level of significance by implementing existing regulations and standard .conditions as detailed in Chapter 5 of the DEIR. Those issues include: Aesthetics, Air Quality, Greenhouse Gas (GHG) Emission, Hazards and Hazardous Materials, Land Use and Planning, Noise, Public Services, Transportation and Traffic, and Utilities and Service Systems. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations - 6 - As described in Chapter 8 of the DEIR, the City concluded that project impacts related to the following issues would be less than significant: Agriculture and Forestry Resources and Cultural Resources. 1. Aesthetics Impact 5.1-1: The Proposed Project would not adversely impact any scenic vista or damage scenic resources within a state scenic highway. Impact 5.1-1 was determined to be less than significant and no finding is necessary. Impact 5.1-2: The Proposed Project would not degrade the visual quality of the project area. Impact 5.1-2 was determined to be less than significant and no finding is necessary. Impact 5.1-3: The Proposed Project would not have adverse light and glare impacts adjacent to sensitive uses. Impact 5.1-3 was determined to be less than significant and no finding is necessary. 2. Biological Resources Impact 5.3-5: The Proposed Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy ordinance. Impact 5.3-5 was determined to be less than significant and no finding is necessary. Impact 5.3-6: The Proposed Project would not conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan. Impact 5.3-6 was determined to be less than significant and no finding is necessary. 3. Geology and Soils Impact 5.4-1: Project residences, occupants, visitors, etc. would be subjected to potential seismic - related hazards. Impact 5.4-1 was determined to be less than significant and no finding is necessary. Impact 5.4-2: Unstable geologic unit or soils conditions, including soil erosion, could result due to development of the Proposed Project. Impact 5.4-2 was determined to be less than significant and no finding is necessary. Impact 5.4-3: Soil conditions could result in risks to life or property. Impact 5.4-3 was determined to be less than significant and no finding is necessary. Impact 5.4-4: Soil conditions may not adequately support proposed septic tanks. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations - 7 - Impact 5.4-4 was determined to be less than significant and no finding is necessary. 4. Greenhouse Gas Emissions Impact 5.5-2: The Anaheim Canyon Specific Plan would not conflict with plans adopted for the purpose of reducing GHG emissions Impact 5.5-2 was determined to be less than significant and no finding is necessary. 5. Hazards and Hazardous Materials Impact 5.6.1: Implementation of ACSP would not result in additional use of hazardous materials within the project boundaries; and adhering to the existing review and permitting process and compliance with all applicable programs would ensure that hazardous materials do not pose a significant environmental impact. Impact 5.6-1 was determined to be less than significant and no finding is necessary. Impact 5.6-2: The Project Area includes facilities that are included on hazardous materials sites lists compiled by various government agencies, however, adhering to federal, state, regional, and local regulations that govern hazardous materials and waste management would ensure that impacts would not be significant. Impact 5.6-2 was determined to be less than significant and no finding is necessary. Impact 5.6-3: The Project Site is not located in the vicinity of an airport or within the jurisdiction of an Airport Land Use Plan. Impact 5.6-3 was determined to be less than significant and no finding is necessary. Impact 5.6-4: Project development would not adversely affect the implementation of an emergency response or evacuation plan. Impact 5.6-4 was determined to be less than significant and no finding is necessary. Impact 5.6-5: The Project Area is not within a designated fire hazard zone that could expose structures and/or residences to wildlife fire danger. Impact 5.6-5 was determined to be less than significant and no finding is necessary. 6. Hydrology and Water Quality Impact 5.7-1: Development pursuant to the Proposed Project could increase the amount of impervious surfaces on the site and could therefore increase surface water flows and the potential for erosion and siltation and exceed the capacity of existing or planned storm drain systems. Impact 5.7-1 was determined to be less than significant and no finding is necessary. Impact 5.7-2: Development pursuant to the Proposed Project increases the amount of impervious surfaces on the site and would therefore impact opportunities for groundwater recharge. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations - 8 - Impact 5.7-2 was determined to be less than significant and no finding is necessary. Impact 5.7-3: During the construction phase of the Proposed Project, there is the potential for short-term unquantifiable increases in pollutant concentrations from the site. After project development, the quality of storm runoff (sediment, nutrients, metals, pesticides, pathogens, and hydrocarbons) may be altered. Impact 5.7-3 was determined to be less than significant and no finding is necessary. Impact 5.7-4: The Proposed Project would not result in any flooding safety impacts due to placing structures within a 100 -year flood hazard area. Impact 5.7-4 was determined to be less than significant and no finding is necessary. Impact 5.7-5: The Project Site is located within the inundation area of Prado Dam and Carbon Canyon Dam. Impact 5.7-5 was determined to be less than significant and no finding is necessary. Impact 5.7-6: The Proposed Project would not result in inundation by seiche, tsunami, or mudflow. Impact 5.7-6 was determined to be less than significant and no finding is necessary. 7. Land Use and Planning Impact 5.8-1: Project implementation would not divide an established community. Impact 5.8-1 was determined to be less than significant and no finding is necessary. Impact 5.8-2: Project Implementation would not conflict with applicable plans adopted for the purpose of avoiding or mitigating and environmental effect. Impact 5.8-2 was determined to be less than significant and no finding is necessary. Impact 5.8-3: The Proposed Project would not conflict with any habitat conservation plans. Impact 5.8-3 was determined to be less than significant and no finding is necessary. 8. Mineral Resources Impact 5.9-1: Project implementation would not result in the loss of availability of a known mineral resource. Impact 5.9-1 was determined to be less than significant and no finding is necessary. 9. Noise Impact 5.10-3: Buildout of the Anaheim Canyon Specific Plan would not cause a substantial noise increase related to traffic on local roadways in the City of Anaheim. Impact 5.10-3 was detenYuned to be less than significant and no finding is necessary. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations - 9 - Impact 5.10-5: Noise -sensitive uses could be exposed to elevated noise levels from stationary sources. Impact 5.10-5 was determined to be less than significant and no finding is necessary. Impact 5.10-6: The proximity of the Project Site to an airport or airstrip would result in exposure of future resident and/or workers to airport -related noise. Impact 5.10-6 was determined to be less than significant and no finding is necessary. 10. Population and Housing Impact 5.11-1: The Proposed Project would directly result in population growth in the Project Area. Impact 5.11-1 was determined to be less than significant and no finding is necessary. Impact 5.11-2: Project implementation would not result in displacement of housing or people. Impact 5.11-2 was determined to be less than significant and no finding is necessary. 11. Public Services Impact 5.12-1: The Proposed Project would result in additional structures and population in the Anaheim Fire and Rescue service boundaries, thereby increasing the demands for fire protection facilities and personnel. Impact 5.12-1 was determined to be less than significant and no finding is necessary. Impact 5.12-2: The Proposed Project would introduce new structures and population into the Anaheim Police Department service boundaries, thereby increasing the requirement for police protection facilities and personnel. Impact 5.12-2 was determined to be less than significant and no finding is necessary. Impact 5.12-3: The Proposed Project would generate new students and create additional school facilities demands. Impact 5.12-3 was determined to be less than significant and no finding is necessary. Impact 5.12-4: An increase in library services due to the Proposed Project would not result in significant and adverse impacts. Impact 5.12-4 was determined to be less than significant and no finding is necessary. Impact 5.12-5: The Proposed Project would increase the service needs for local daycare facilities. Impact 5.12-5 was determined to be less than significant and no finding is necessary. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations _10- 12. Recreation Impact 5.13-1: The Proposed Project would increase demands on existing parks and recreational facilities but would not result in adverse physical environmental impacts. Impact 5.13-1 was determined to be less than significant and no finding is necessary. 13. Transportation/Traffic Impact 5.14-4: The Proposed Project would not result in hazardous condition to air traffic patterns. Impact 5.14-4 was determined to be less than significant and no finding is necessary. Impact 5.14-5: The Proposed Project would not substantially increase hazards due to a design feature (sharp curves, etc.) or conflicting uses. Impact 5.14-5 was determined to be less than significant and no finding is necessary. Impact 5.14-6: The Proposed Project would not result in inadequate emergency access. Impact 5.14-6 was determined to be less than significant and no finding is necessary. Impact 5.14-7: The Proposed Project complies with adopted policies, plans, and programs for alternative transportation. Impact 5.14-7 was determined to be less than significant and no finding is necessary. 14. Utilities and Service Systems Impact 5.15-1: The Proposed Project would not result in exceedance of the treatment capacity at Orange County Sanitation treatment plant to require construction of new or expanded wastewater treatment facilities. Impact 5.15-1 was determined to be less than significant and no finding is necessary. Impact 5.15-3: The Proposed Project would provide adequate water facilities improvements within the ACSP area. Impact 5.15-3 was determined to be less than significant and no finding is necessary. Impact 5.15-4: The Proposed Project would be served by sufficient water supplies without procurement of additional water entitlements. Impact 5.15-1 was determined to be less than significant and no finding is necessary. Impact 5.15-5: Existing solid waste facilities would be able to accommodate project -generated solid waste and comply with related solid waste regulations. Impact 5.15-5 was determined to be less than significant and no finding is necessary. Impact 5.15-6: The Proposed Project would be served by adequate electrical service. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations Impact 5.15-6 was determined to be less than significant and no finding is necessary. Impact 5.15-7: Existing gas services would be able to accommodate project -generated gas demands. Impact 5.15-7 was determined to be less than significant and no finding is necessary. B. IMPACTS MITIGATED TO LESS THAN SIGNIFICANT The following summary describes impacts of the Proposed Project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the EIR, these impacts would be considered less than significant. 1. Air Quality Impact 5.2-5: The Anaheim Canyon Specific Plan could site sensitive land uses in proximity to major air pollution sources. The ACSP area contains or is in proximity to various sources of pollution. State Route 91 (SR -91) runs along the southwestern portion of the plan area and traverses within the southern portion of the site between Tustin Avenue and Kraemer Boulevard. State Route 57 (SR -57) borders the plan area's western boundary. There are no roadways with daily roadway volumes of 100,000 or more either within or near the plan's boundaries. A Burlington Northern Santa Fe (BNSF)/Metrolink rail line runs along a portion of the northern boundaries of the plan area with the Metrolink Inland Empire—Orange County Line bisecting the ACSP area. These lines serve both commuter and freight trains. In addition to the rail line, the ACSP contains a rail yard in the adjacent area south of SR -91. There are also multiple South Coast Air Quality Management District (SCAQMD)-permitted land uses within and near the ACSP area that may generate stationary or mobile sources of toxic air contaminants (IACs). Major SCAQMD-permitted sources include the Canyon Power Plant, Exxon Mobil Storage Terminal, City of Anaheim Combined Turbine Generating Station, and the SA Recycling facility. The SA Recycling facility is an auto body shredding operation and is adjacent to the rail yard. Under the ACSP, development of new residential land uses would be permitted in proximity to existing and future industrial uses. Additionally, new residential land uses could also potentially be sited near SR -91, SR -57, and the existing rail line. Therefore, air quality compatibility impacts for new sensitive land uses are potentially significant. Mitigation Measures: The following mitigation measure was included in the DEIR and the FEIR, and is applicable to the Proposed Project. The measure as provided includes any revisions incorporated in the FEIR. AQ -10 Prior to issuance of building permits for new residential developments, the property owner/developer shall submit a health risk assessment (HRA) to the Planning Department. The property owner/developer shall submit a HRA to the Planning Department. The HRA shall be prepared in accordance with policies and procedures of the State of California's Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District (SCAQMD). Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -12- If the HRA shows that the incremental cancer risk exceeds one in one hundred thousand (1.0E-05), PM concentrations would exceed 2.5 µg/m3, or the appropriate noncancer hazard index exceeds 1.0, the following is required prior to issuance of building permits: a) The HRA shall identify the level of high -efficiency Minimum Efficiency Reporting Value (MERV) filter required to reduce indoor air concentrations of pollutants to achieve the cancer and/or noncancer threshold. b) Installation of high efficiency MERV filters in the intake of residential ventilation systems consistent with the recommendations of the HRA, shall be shown on plans. Heating, air conditioning, and ventilation (HVAC) systems shall be installed with a fan unit designed to force air through the MERV filter. c) To ensure long-term maintenance and replacement of the MERV filters in the individual units, the property owner/developer shall record a covenant on the property that requires ongoing implementation of the actions below. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. 1. The property owner/developer shall provide notification to all future tenants or owners of the potential health risk for affected units and the increased risk of exposure to diesel particulates when windows are open. 2. For rental units, the property owner/developer shall maintain and replace MERV filters in accordance with the manufacture's recommendations. 3. For ownership units, the Homeowner's Association shall incorporate requirements for long-term maintenance in the Covenant Conditions and Restrictions and inform homeowners of their responsibility to maintain the MERV filter in accordance with the manufacturer's recommendations. Finding: The City of Anaheim finds based on the Final EIR and the whole of the record that Mitigation Measure AQ -10 is feasible and finds that this mitigation measure will reduce the impacts related to air quality to a less than significant level. [Pub. Res. Code §21081(a) (1); Guidelines § 15091(1)] Impact 5.2-7: Industrial land uses associated with buildout of the Anaheim Canyon Specific Plan have the potential to create objectionable odors that could affect a substantial number of people. Industrial Uses Growth within the ACSP Area could generate new sources of odors and place sensitive receptors near existing sources of odors. Industrial land uses, including waste recycling and material recovery uses and facilities in DA 2, have the potential to generate objectionable odors. Industrial land uses associated with the Proposed Project would be required to comply with SCAQMD Rule 402, Nuisance. However, additional measures may be necessary to prevent an odor nuisance. Therefore, industrial land uses associated with the ACSP may generate a potentially significant odor impact to a substantial number of people. Residential and Commercial Uses Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -13- Residential and commercial land uses could result in generation of odors such as exhaust from landscaping equipment. However, unlike industrial land uses, these land uses are not considered potential generators of odor that could affect a substantial number of people. Therefore, impacts from potential odors generated from residential and commercial land uses associated with the ACSP are considered less than significant Construction During construction activities, construction equipment exhaust and application of asphalt and architectural coatings would temporarily generate odors. Any construction -related odor emissions would be temporary and intermittent in nature. Additionally, noxious odors would be confined to the immediate vicinity of the construction equipment. By the time such emissions reach any sensitive receptor sites, they would be diluted to well below any level of air quality concern. Furthermore, short-term construction -related odors are expected to cease upon the drying or hardening of the odor -producing materials. Therefore, impacts associated with construction -generated odors are considered less than significant. Mitigation Measures: The following mitigation measure was included in the DEIR and the FEIR, and is applicable to the proposed project. The measure as provided includes any revisions incorporated in the FEIR. AQ -11 For projects located within 1,000 feet of an industrial facility that emits substantial odors, which includes but is not limited to: • Wastewater treatment plants • Composting, greenwaste, or recycling facilities • Fiberglass manufacturing facilities • Painting/coating operations • Large -capacity coffee roasters • Food-processing facilities The property owner/developer shall submit an odor assessment to the Planning Director prior to approval of any future discretionary action that verifies that the South Coast Air Quality Management District (SCAQMD) has not received three or more verified odor complaints. If the Odor Assessment identifies that the facility has received three such complaints, the applicant will be required to identify and demonstrate that Best Available Control Technologies for Toxics (T-BACTs) are capable of reducing potential odors to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, scrubbers at the industrial facility, or installation of Minimum Efficiency Reporting Value (MERV) filters rated at 14 or better at all residential units.. Finding: The City of Anaheim finds based on the Final EIR and the whole of the record that Mitigation Measure AQ -11 is feasible and finds that this mitigation measure will reduce the impacts related to air quality to a less than significant level. [Pub. Res. Code �21081(a)(1); Guidelines � 15091(1)] Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -14- 2. Biological Resources Impact 5.3-1: Portions of the Project Area contain suitable habitat for a number of sensitive species. The Project Area contains wetland and aquatic habitats that are potentially suitable for a number of sensitive species. These include the Santa Ana sucker (Catostomus santaanae), a federally listed fish species, and southwestern pond turtle (Actinemys marmorata pallida), burrowing owl (Athene cunicularia), and northwestern San Diego pocket mouse (Chaetodipus fallax)—all of which are California Species of Concern. The potentially suitable habitat areas for these species are in areas designated Open Space under the General Plan and maintained as Open Space/Water in the proposed ACSP. Despite these areas being heavily disturbed, there are patches of vegetation that could support sensitive species and thus could directly affect sensitive species. Moreover, the Proposed Project looks to increase bicycle and pedestrian mobility via two proposed bikeways that would cross the Santa Ana River at two separate locations in the Project Area. This could affect patches of vegetation and modify habitat used by sensitive species. The Project Area also contains a small patch of disturbed coastal sage scrub community with low potential to support sensitive species. Mitigation Measures: The following mitigation measures were included in the DEIR and the FEIR, and are applicable to the proposed project. The measures as provided include any revisions incorporated in the FEIR. BIO -1 Prior to issuance of grading permits for any project that occurs within the areas identified as having potential for the occurrence of special plant communities and sensitive species as shown in Figure 5.3-1, Areas with Potential for Sensitive Species and Plant Communities, the property owner/developer shall submit a biological survey prepared by a qualified biologist. The biological survey shall assess potential impacts to wildlife movement and identify any impacts to sensitive vegetation communities, including coastal sage scrub, riparian, wetland, and open water habitats. The property owner/developer shall be required to restore and revegetate where the loss of small and/or isolated habitat patches is proposed, and maintain existing wildlife movement opportunities. BIO -2 Prior to issuance of demolition, grading or building permits, whichever occurs first, construction activity is set to occur during nesting season (typically between February 1 and July 1), the property owner/developer shall be required to conduct nesting bird surveys in accordance with the California Department of Fish and Wildlife requirements, and submit said surveys to the City of Anaheim Planning Department. Such surveys shall identify avoidance measures to protect active nests. BIO -3 Prior to issuance of building permits, for projects with new lighting located adjacent to natural areas, the property owner/developer shall submit a lighting plan indicating that the proposed lighting has been designed to prevent artificial lighting from reflecting into adjacent natural areas. BIO -4 Prior to preliminary design of any bridge crossing the Santa Ana River, a qualified biologist shall conduct a jurisdictional delineation of the potential disturbance area at locations where construction activity could affect jurisdictional waters. The jurisdictional delineation shall determine if features are under the jurisdiction of the US Army Corps of Engineers (ACOE), the Regional Water Quality Control Board (RWQCB), and/or the California Department of Fish and Wildlife (CDFW). The result shall be a Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -15- preliminary jurisdictional delineation report that shall be submitted to the City of Anaheim and any responsible agency, ACOS, R\X7QCB, and CDFW, as appropriate, for review and approval. Based on the results of the preliminary jurisdictional delineation, bridge design shall be completed so that impacts to jurisdictional waters are minimized in consultation with the ACOS, RWQCB, and CDFW. After final design but prior to construction, permits shall be obtained from each agency where applicable. Finding: The City of Anaheim finds based on the Final EIR and the whole of the record that Mitigation Measures BIO -1 through BI0-4 are feasible and finds that these mitigation measures will reduce the impacts related to biological resources to a less than significant level. [Pub. Res. Code �21081(a)(1); Guidelines § 15091(1)] Impact 5.3-2: Project implementation may impact riparian and other sensitive habitats in the Project Area. Sensitive vegetation communities in the Project Area include areas of riparian vegetation and wetlands in the Santa Ana River and lakes areas. The Santa Ana River lakes, Kraemer Basin, Miraloma Basin, and Anaheim Lake contain open water habitat that is used by migratory and resident waterfowl and other bird species, principally for foraging. Kraemer Basin and Miraloma Basin are recharge basins that have relatively steep sandy or rocky banks with sparse ruderal vegetation on disturbed flatlands around the their peripheries. The Proposed Project would include recreational trails and seating for bicyclists and pedestrians around Kraemer Basin, Anaheim Lake, and Warner Basin. Despite these areas being heavily disturbed, there are patches of vegetation that could support sensitive species, and thus could directly affect sensitive species. Moreover, the Proposed Project looks to increase bicycle and pedestrian mobility via two proposed bikeways that would cross the Santa Ana River at two separate locations in the Project Area. This too could affect patches of sensitive riparian vegetation and modify habitat used by sensitive species. Mitigation Measures: The following mitigation measure was included in the DEIR and the FEIR, and is applicable to the proposed project. The measure as provided includes any revisions incorporated in the FEIR. BIO -5 Prior to the issuance of grading permits for projects potentially affecting riparian or wetland habitat, the property owner/developer shall provide evidence that all necessary permits have been obtained from the California Department of Fish And Wildlife (pursuant to Section 1601-1603 of the Fish and Game Code) and the U.S. Army Corps of Engineers (pursuant to section 404 of the Clean Water Act) or that no such permits are required, in a manner meeting the approval of the City of Anaheim Planning Department. Should a Section 404 Permit from the Army Corps of Engineers be required, a Section 401 Water Quality Certification would also be obtained from the California Regional Water Quality Control Board, Santa Ana Region. Finding: The City of Anaheim finds based on the Final EIR and the whole of the record that Mitigation Measure BIO -5 is feasible and fords that this mitigation measure will reduce the impacts related to Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -16- biological resources to a less than significant level. [Pub. Res. Code §21081(a)(1); Guidelines 15091(1)] Impact 5.3-3: Project implementation may have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. The Proposed Project permits conversion of approximately 10.8 acres of irrigated and inaccessible turf into California -friendly planting with trails and seating areas around Kraemer Basin, Anaheim Lake, and Warner Basin. Furthermore, it looks to increase bicycle and pedestrian mobility via two proposed bikeways that would cross the Santa Ana River at two separate locations in the Project Area. This could affect patches of wetlands and sensitive riparian vegetation used by sensitive species. Mitigation Measures: See Mitigation Measure BIO -5. Finding: The City of Anaheim finds based on the Final EIR and the whole of the record that Mitigation Measure BIO -5 is feasible and finds that this mitigation measure will reduce the impacts related to biological resources to a less than significant level. [Pub. Res. Code �21081(a)(1); Guidelines 15091(1)] Impact 5.3-4: Project implementation could impact the ability of migratory waterfowl to use Kraemer Basin, Miraloma Basin, and Anaheim Lake. The Project Area does not have any regionally significant wildlife movement corridors, but does include an approximately 3.6 -mile section of the Santa Ana River that contains fish resources and is used by for foraging by waterfowl migrating along the Pacific Flyway. The Santa Ana River is designated Open Space/Water under the ACSP, and there would be no conversion of habitats in the river and no substantial increases of indirect impacts such as night-time lighting and noise. The Proposed Project would not directly or indirectly impact fisheries of the Santa Ana River. However, development intensity has been proposed for Development Area 6, which includes Kraemer Basin, Miraloma Basin, and Anaheim Lake. Any development within these areas could impact migratory waterfowl. Mitigation Measures: See Mitigation Measure BI0-1 through BIO -4. Finding: The City of Anaheim finds based on the Final EIR and the whole of the record that Mitigation Measures BIO -1 through BIO -4 are feasible and finds that these mitigation measures will reduce the impacts related to biological resources to a less than significant level. [Pub. Res. Code �21081(a)(1); Guidelines 5 15091(1)] 3. Noise Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -17- Impact 5.10-2: Buildout of the individual land uses and projects for implementation of the Anaheim Canyon Specific Plan would expose sensitive uses to strong levels of groundborne vibration. Transportation -Related Vibration Impacts According to Caltrans, heavy trucks and buses generate the highest earthborn vibrations of normal traffic and the highest traffic -generated vibrations are along freeways and state routes. However, typically, trucks do not generate high levels of vibration because they travel on rubber wheels and do not have vertical movement, which generates ground vibration. Transportation -related vibration impacts are not considered excessive. Railroad Vibration Impacts Currently there are several passenger and freight trains operated by Amtrak, Metrolink, and BNSF that pass through the Specific Plan area on weekdays and weekends. It is anticipated that the number of daily trains would more than double from current activity, as shown in Table 5.10-7 of the DEIR. This proposed increase in rail traffic would not increase the maximum vibration levels at nearby uses, but it would increase the number of vibration occurrences. The increase in frequency of daily rail trips would not result in the generation of excessive vibration. Implementation of the Specific Plan may add new sensitive uses in areas adjacent to the railroad line, including additional residential units in the vicinity of the Anaheim Canyon Metrolink Station. These developments many result in placing residential uses near the railroad line which could result in excessive groundbome vibration from train operations. The proposed residential uses will require a conditional use permit; at such time additional project -specific environmental analysis will be required. Potential exposure to groundborne vibration is significant. Industrial Vibration Impacts The use of heavy equipment associated with industrial operations can create elevated vibration levels in its immediate proximity. New heavy industrial uses in the Specific Plan area would have the potential to cause vibration impacts to existing and future planned nearby residential uses. Without mitigation, this would be a significant impact. Construction Vibration Impacts As shown in Table 5.10-8 of the DEIR, vibration generated by construction equipment has the potential to be substantial, since it has the potential to exceed the FTA Criteria for human annoyance of 78 VdB and structural damage of 0.200 in/sec. However, groundborne vibration is almost never annoying to people who are outdoors, so it is usually evaluated in terms of indoor receivers. Vibration impacts may occur from construction equipment associated with development in accordance with the Anaheim Canyon Specific Plan. This would be a significant impact Mitigation Measures: The following mitigation measures were included in the DEIR and the FEIR, and are applicable to the proposed project. The measures as provided include any revisions incorporated in the FEIR. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations - 18 - N-3 Prior to issuance of building permits, if new vibration -sensitive land uses are located within 200 feet of any railroad line, the property owner/developer shall retain an acoustical engineer to conduct an acoustic analysis that includes a vibration analysis for potential impacts from vibration generated by operation of the rail line. Mixed use buildings shall be designed to eliminate vibration amplifications due to resonances of floors, walls, and ceilings. The detailed analysis shall be submitted to the Planning Department prior to issuance of building permits and shall show that the vibration levels would be below 72 VdB, which is Federal Transit Administration's nighttime criteria to regulate vibration impacts to affected residential uses. N-4 Prior to issuance of building permits for projects involving development of new industrial uses within 200 feet of any existing residential use or Development Area 3, the property owner/developer shall retain an acoustical engineer to conduct an acoustic analysis that includes a vibration analysis for potential impacts from vibration generated by industrial activities. The detailed analysis shall be submitted to the Planning Department showing that the vibration levels to any nearby residential use would be below 78 VdB during the daytime (7 AM to 10 PM) and 72 VdB during the nighttime (10 PM to 7 AM), which is the Federal Transit Administration's nighttime criteria to regulate vibration impacts to affected residential uses. Finding: The City of Anaheim finds based on the Final EIR and the whole of the record that Mitigation Measures N-3 and N-4 are feasible and finds that these mitigation measures will reduce the impacts related to noise to a less than significant level. [Pub. Res. Code �21081(a)(1); Guidelines � 15091(1)] Impact 5.10-4: Noise -sensitive uses could be exposed to elevated noise levels from transportation sources. Trafc Noise The noise contours are influenced by vehicular traffic (passenger cars and trucks) speeds, and truck routes. These contours do not account for noise attenuation provided by intervening structures or topographical barriers. Residential land uses located immediately adjacent to the SR -91 and adjacent to the segments of La Palma Avenue and Tustin Avenue would be the most impacted by traffic noise. Areas immediately adjacent to Tustin Avenue and La Palma Avenue could be exposed to noise levels ranging from 76 to 78 dBA CNEL. Areas immediately adjacent to the freeway could be exposed to noise levels in excess of 80 dBA CNEL. Residential common open space areas such as playgrounds, swimming pools, and picnic areas are noise -sensitive areas that could be affected by elevated noise levels. Without appropriate mitigation, sensitive outdoor uses could be developed in areas of excess of 65 dBA CNEL. As typical construction provides an exterior -to -interior noise reduction of approximately 20 dBA, interior levels could be greater than 45 dBA CNEL without mitigation. Bail Noise The only noise -sensitive uses located in proximity to the rail lines are residential uses in the DA 3. All other uses adjacent to the rail lines are industrial and commercial, and these are not considered noise -sensitive uses. The current rail activity is expected to double from current conditions and rail noise contours were calculated for 2035 conditions. The at -grade crossing at La Palma Avenue has been certified as a quite zone, where improvements at the Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations _19- grade crossing allow the train conductor to not blow the train's warning horns prior to reaching the railroad crossing. Nonetheless, residents within DA3 would be exposed to noise levels of approximately 62 dBA CNEL within 100 feet from the railroad track. The extent of the exposure to noise depends on site-specific conditions and location of buildings. Therefore, further environmental review would be required as residential development is proposed. Any siting of new noise -sensitive land uses within a noise environment that exceeds the normally acceptable land use compatibility criterion represents a potentially significant impact and would require a separate noise study to determine the level of impacts and required mitigation. Although compliance with Policies 3 to 7 from Goal LI of the General Plan Noise Element would encourage proper site planning to reduce potential noise impacts from transportation sources to noise -sensitive receptors, it cannot be guaranteed that all receptors would comply with the applicable exterior and interior noise standards. Therefore, without mitigation, this would be a significant impact. Mitigation Measures: The following mitigation measure was included in the DEIR and the FEIR, and is applicable to the proposed project. The measures as provided include any revisions incorporated in the FEIR. N-5 Prior to issuance of a building permit, the project property owner/developers shall submit a final acoustical report prepared to the satisfaction of the Planning Director. The report shall show that the development will be sound -attenuated against present and projected noise levels, including roadway, aircraft, helicopter, stationary sources (e.g., industrial, commercial, etc.), and railroad, to meet City interior standards as follows: a) The report shall demonstrate that the proposed residential design will result in compliance with the 45 dBA CNEL interior noise levels, as required by the California Building Code and California Noise Insulation Standards (Title 24 and 25 of the California Code of Regulations). b) The report shall demonstrate that the Proposed Project residential design shall minimize nighttime awakening from train horns such that interior single -event noise levels are below 81 dBA The property owner/developer shall submit the noise mitigation report to the Planning Director for review and approval. Upon approval by the City, the project acoustical design features shall be incorporated into construction of the Proposed Project. Finding: The City of Anaheim finds based on the Final EIR and the whole of the record that Mitigation Measures N-5 is feasible and finds that this mitigation measure will reduce the impacts related to noise to a less than significant level. [Pub. Res. Code §21081(a) (1); Guidelines § 15091(1)] 4. Utilities and Service Systems Impact 5.15-2: The City's existing sewer collection facilities are inadequate to handle the projected increase in flow from the Proposed Project at buildout. According to the sewer capacity study prepared for the Proposed Project, all sewer lines within the ACSP Area, under the existing conditions, are currently operating at acceptable Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -20- levels and would continue to operate at acceptable levels at General Plan buildout conditions. The Proposed Project would result in a total sewer generation of 4.74 million gallons per day (mgd) at buildout, as shown in Table 5.15-1 of the DEIR, compared to the 4.03 mgd adjusted Combined East Anaheim Area Master Plan of Sanitary Sewers (CEAAMPSS) flow. This is an approximately 17.6 percent increase above the adjusted flow projected in the CEAAMPSS, primarily due to the additional intensification in DA3. Pipeline Capacity Analysis City Facilities Figure 5.15-1, Deficient Server Segments atACSP Buildout, of the DEIR depicts the overall sewer collection system. The pipeline segments exceeding d/D criteria for peak flow at buildout of the ACSP Area shown in red. There are a total of 48 deficient segments. Appendix A of the sewer capacity study (included as Appendix H to DEIR) provides detailed figures showing manhole numbers and highlights in red any pipe segments that exceed the City's criteria for d/D ratio, which are 0.67 for pipes 10 inches in diameter and smaller and 0.75 for pipes 12 inches in diameter and larger. Therefore, these pipeline segments would require close monitoring as development intensification proceeds in the areas upstream or tributary to these sewer segments, so that it can be determined if and when the capacity becomes deficient, as appropriate. OCSD Facilities The maximum design capacity of Orange County Sanitation District (OCSD) line such as the Atwood Sub -Trunk and the Newhope-Placentia/Orangewood Basin, is 0.75 d/D. OCSD's latest sewer model shows that the sewer at this lines is currently over capacity. OCSD currently has a project (Project No. 2-72) in plans to increase the size of the Newhope-Placentia Trunk Line to increase capacity. Because no design has been completed, anticipated maximum capacity within the upsized line cannot be determined by OCSD at this time, and no additional flows would be accepted in this line until the completion. Mitigation Measures: The following mitigation measures were included in the DEIR and the FEIR, and are applicable to the proposed project. The measures as provided include any revisions incorporated in the FEIR. USS -1 Prior to issuance of demolition, grading, or building permits, whichever occurs first, the property owner/developer shall submit plans to the City Engineer for review. The City Engineer shall review the location of each project to determine if it is an area served by potentially deficient sewer facilities, as identified in the latest updated sewer study for the ACSP. If the project will increase sewer flows beyond those programmed in the appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner/developer shall perform additional sewer analysis using flow, wet - weather data, and other information specific for the project to determine the surcharge levels for final design. The property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office, which could include additional related fees, construction, or a combination thereof. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -21- USS -2 Prior to approval of sanitary sewer connections for each development project, the property owner/developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to prevent the sewer surcharge in the public system from back -flowing into below -grade structures of the proposed development based upon the latest updated sewer study for the ACSP. Where requested by the City Engineer, sewer improvements shall be constructed with larger than recommended diameter to maintain the surcharge levels within the pipe, and the invert elevation of sewer laterals shall be located above the hydraulic grade line elevation of the surcharge levels when the invert elevation of sewer laterals are above the pipe crown. USS -3 Prior to the approval of any street improvement plans within the ACSP that encompass area(s) where Orange County Sanitation District (OCSD) will be upsizing trunk lines and/or are making other improvements, the property owner/developer shall coordinate with OCSD to ensure that backflow prevention devices are installed at the lateral connections to prevent surcharge flow from entering private properties. Proof of such coordination, such as a letter from OCSD affirming review of proposed plans, shall be provided by the property owner/developer to the City prior to approval of the street improvement plans. Finding: The City of Anaheim finds based on the Final EIR and the whole of the record that Mitigation Measures USS -1 through USS -3 are feasible and finds that these mitigation measures will reduce the impacts related to utility services to a less than significant level. [Pub. Res. Code 521081(a)(1); Guidelines § 15091(1)] C. SIGNIFICANT UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS The following summary describes the unavoidable adverse impact of the Proposed Project where either mitigation measures were found to be infeasible, or mitigation would lessen impacts to less than significant. The following impact would remain significant and unavoidable: 1. Air Quality Impact 5.2-1: Construction activities associated with implementation of the Anaheim Canyon Specific Plan would generate short-term emissions that exceed the South Coast Air Quality Management District's regional construction thresholds Construction activities produce combustion emissions from various sources, such as onsite heavy-duty construction vehicles, vehicles hauling materials to and from the site, and motor vehicles transporting the construction crew. Construction activities would temporarily increase coarse inhalable particulate matter (PMlo), fine inhalable particulate matter (PM2.5), volatile organic compounds (VOC), oxides of nitrogen (NOx), Sulfur Oxides (SOx), and carbon monoxide (CO) regional emissions within the Southern California Air Basin (SoCAB). Construction activities associated with buildout of the ACSP are anticipated to occur sporadically over an approximately 20 -year period or longer. An estimate of maximum daily construction emissions is provided in Table 5.2-8, Estimate of Re ional Construction Emissions, of the DEIR. As shown in Table 5.2-8, construction activities associated with the project could potentially exceed the SCAQMD regional thresholds for VOC and NOx. The primary source of NOx emissions is vehicle and construction equipment exhaust. NOx is a precursor to the formation of both ozone (03) and particulate matter (PM,o and PM2.5)• Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -22- VOC is produced by equipment exhaust and off -gas of architectural coatings and paving. VOC is a precursor to the formation of 03. Project -related emissions of VOC and NOx would contribute to the 03, NO2, PMlo, and PM2.5 nonattainment designations of the SoCAB. Therefore, project -related construction activities would result in significant regional air quality impacts. Mitigation Measures: AQ -1 Prior to issuance of grading, demolition or building plans, whichever occurs first, the property owner/developer shall provide a note on plans indicating that ongoing during grading and construction, contractors will use equipment that meets the United States Environmental Protection Agency (EPA) -Certified emissions standards according to the following schedule. a) From the end of 2011 to December 31, 2014, all project -related off-road diesel - powered construction equipment greater than 50 horsepower shall meet Tier 3 off-road emissions standards. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 3 diesel emissions control strategy for a similarly sized engine, as defined by California Air Resources Board (CARB) regulations. b) After January 1, 2015, all off-road diesel -powered construction equipment greater than 50 horsepower shall meet the Tier 4 Final emission standards. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 4 diesel emissions control strategy for a similarly sized engine, as defined by CARB regulations. AQ -2 Prior to issuance of grading, demolition or building plans, whichever occurs first, the property owner/developer shall provide a list of all construction equipment proposed to be used on the project site. This list may be provided on the building plans. The construction equipment list shall state the makes, models, and numbers of the equipment; that the equipment shall be properly serviced and maintained in accordance with the manufacturer's recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with California Air Resources Board's Rule 2449. AQ -3 Prior to issuance of grading, demolition or building plans, whichever occurs first, the property owner/developer shall submit a dust control plan that implements the following measures during ground -disturbing activities, in addition to the existing requirements for fugitive dust control under South Coast Air Quality Management District Rule 403, to further reduce PMlo and PM2.5 emissions: a) Following all grading activities, the construction contractor shall reestablish ground cover on the construction site through seeding and watering. b) During all construction activities, the construction contractor shall sweep streets with Rule 1186—compliant, PMlo-efficient vacuum units on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. c) During all construction activities, the construction contractor shall maintain a minimum 24 -inch freeboard on trucks hauling dirt, sand, soil, or other loose Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -23- materials and tarp materials with a fabric cover or other cover that achieves the same amount of protection. d) During all construction activities, the construction contractor shall water exposed ground surfaces and disturbed areas a minimum of every three hours on the construction site and a minimum of three times per day. e) During all construction activities, the construction contractor shall limit onsite vehicle speeds on unpaved roads to no more than 15 miles per hour. The Building Division shall verify compliance during normal construction site inspections. AQ -4 Prior to issuance of a building permit, the property owner/developer shall provide a note on plans indicating that: a) All coatings and solvents will have a volatile organic compound (VOC) content lower than required under Rule 1113 (i.e., super compliant paints). b) All architectural coatings shall be applied either by (1) using a high-volume, low- pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand -roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent applicant efficiency. c) The construction contractor shall also use precoated/natural colored building materials, where feasible. The Building Division shall verify compliance during normal construction site inspections. Finding: Mitigation Measures AQ -1 through AQ -4 are feasible and would reduce criteria air pollutants generated from short-term construction activities to extent feasible. However, even with mitigation there is a potential for multiple development projects to occur at any one time, resulting in significant construction -related emissions. Therefore, despite adherence to Mitigation Measures AQ -1 through AQ -4, Impact 5.2-1 would remain significant and unavoidable and a Statement of Overriding Considerations is required. Impact 5.2-2: Long-term criteria air pollutant emissions associated with the Anaheim Canyon Specific Plan would exceed the South Coast Air Quality Management District's regional operational significance thresholds. Buildout of the ACSP would result in direct and indirect criteria air pollutant emissions from transportation, energy (natural gas use), and area sources (e.g., natural gas fireplaces, aerosols, landscaping equipment). The results of the CalEEMod modeling for transportation sources of criteria air pollutant emission based on a net increase of 157,062 average daily trips are included in Table 5.2-9, Maximum Daily Operational Phare Emissions, of DEIR. As shown in this table, operation of the project at buildout would generate air pollutant emissions that exceed SCAQMD's regional significance thresholds for VOC, NOx, CO, Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -24- PMlo, and PM2.5 at buildout. Emissions of VOC and NOx that exceed the SCAQMD regional threshold would cumulatively contribute to the 03 nonattainment designation of the SoCAB. Emissions of NOx that exceed SCAQMD's regional significance thresholds would cumulatively contribute to the 03, particulate matter (PMlo and PM2.5), and NO2 nonattainment designations of the SoCAB. Emissions of PM,o and PM2.5 would contribute to the PM,o and PM2.5 nonattainment designations. Therefore, the project would result in a significant impact because it would significantly contribute to the nonattainment designations of the SoCAB. Mitigation Measures: Stationary Source AQ -5 Prior to issuance of building permits, for residential development, the property owner/developer shall provide a note on building plans that indicates that all shared community barbeques will be electric powered barbeque units. These units shall be verified on site by the Building Division prior to issuance of a Certificate of Occupancy. AQ -6 Prior to issuance of a building permit, the property owner/developer shall show on plans that all applicant -provided appliances be Energy Star appliances (dishwashers, refrigerators, clothes washers, and dryers). Installation of Energy Star appliances shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. Transportation and Motor Vehicles AQ -7 Prior to issuance of building permits for new construction of residential development, the property owner/developer shall indicate on plans that garage and/or car port parking are electrically wired to accommodate a Level 2 (240 volt) electric vehicle charging. The location of the electrical outlets shall be specified on building plans, and proper installation shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. AQ -8 Prior to issuance of building permits for new construction of non-residential development of 100,000 building square feet or more, the property owner/developer shall indicate on plans that Level 2 vehicle charging stations will be provided for public use, and where feasible, the property owner/developer shall coordinate with the City of Anaheim to install Level 3 (480 volt or higher) charging stations. The location of the charging station(s) shall be specified on building plans, and proper installation shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. Mitigation Measures T-1 through T-3 from Section 5.14, Transportation and Trak, as listed below, would also reduce criteria pollutants from transportation and motor vehicles. T-1 Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owners/ developer shall complete the following steps below to develop, implement and administer a comprehensive Transportation Demand Management (TDM) program. a) The property owner/developer shall provide to the City of Anaheim Public Works Department, for review and approval, a comprehensive TDM program that includes a menu of TDM program strategies and elements for both existing and future employees' commute options. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -25- b) The property owner/developer shall record a covenant on the property that requires ongoing implementation of the approved TDM program and designation of an on-site contact that will be responsible for coordinating the TDM program. c) The form of the covenant shall be approved by the City Attorney's Office prior to recordation. T-2 Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owner/developer shall join and financially participate in a clean fuel shuttle program, if established. The property owner/developer shall record a covenant on the property that requires participation in the program ongoing during project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. T-3 Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owner/developer shall participate in the Anaheim Transportation Network (ATN)/Transportation Management Association. The property owner/developer shall record a covenant on the property that requires ongoing participation in the program and designation of an on-site contact that will be responsible for coordinating and representing the project with the ATN. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. Finding: Mitigation Measures AQ -5 through AQ -8 are feasible and would reduce long-term operation -related air pollutants generated from stationary and mobile sources to extent feasible. Mitigation Measures T-1 through T-3, in addition to Mitigation Measures AQ -7 and AQ -8 would encourage and accommodate use of alternative -fueled vehicles and nonmotorized transportation. However, despite implementation of mitigation measures, due to the magnitude of land use development associated with the Proposed Project, Impact 5.2-2 would remain significant and unavoidable and a Statement of Overriding Considerations is required. Impact 5.2-3: Construction activities related to buildout of the Anaheim Canyon Specific Plan could expose sensitive receptors to substantial pollutant concentrations. Table 5.2-8 of the DEIR provides an estimate of the magnitude of criteria air pollutant emissions generated by the project for each construction subphase. Buildout of the ACSP would occur over a period of approximately 20 years or longer and would comprise several smaller projects with their own construction timeframe and construction equipment. Concentrations of criteria air pollutants generated by a project depend on the emissions generated onsite and the distance to the nearest sensitive receptor. Therefore, a localized significance thresholds (LST) analysis can only be conducted at a project -level, and quantification of LSTs is not applicable for this program -level environmental analysis. Because potential redevelopment could occur close to existing sensitive receptors, the project has the potential to expose sensitive receptors to substantial pollutant concentrations. Construction equipment exhaust combined with fugitive particulate matter emissions has the potential to expose sensitive receptors to substantial concentrations of criteria air pollutant emissions and result in a significant impact. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -26- Mitigation Measures: Mitigation Measure AQ -1 through AQ -4. Finding: Mitigation Measures AQ -1 through AQ -4 are feasible and would reduce the project's localized construction -related criteria air pollutants and regional construction emission. However, because existing sensitive receptors may be close to project -related construction activities, construction emissions generated by individual projects have the potential to exceed SCAQMD's LSTs. As a result, Impact 5.2-3 would remain significant and unavoidable and a Statement of Overriding Considerations is required. Impact 5.2-4: Onsite operational -related emissions associated with industrial land uses within the Anaheim Canyon Specific Plan could expose sensitive receptors to substantial toxic air contaminant concentrations. Toxic Air Contaminants (TAC) Land uses that have the potential to be substantial stationary sources that would require a permit from SCAQMD for emissions of TACs include industrial land uses, such as chemical processing facilities, chrome -plating facilities, dry cleaners, and gasoline -dispensing facilities. Emissions of TACs would be controlled by SCAQMD through permitting and would be subject to further study and health risk assessment prior to the issuance of any necessary air quality permits under SCAQMD Rule 1401. The permitting process ensures that stationary source emissions would be below the SCAQMD significance thresholds of 10 in a million cancer risk and 1 for acute risk at the maximally exposed individual. However, area sources (e.g., onsite truck idling and ancillary offroad equipment) associated with a facility (permitted and non -permitted) would be outside of the scope of Rule 1401. Emissions of TACs from mobile sources when operating at a property are regulated by statewide rules and regulations, not by SCAQMD and have the potential to generate substantial concentrations of air pollutants. Because the nature of those emissions cannot be determined at this time and they are subject to further regulation and permitting, they will not be addressed further in this analysis but are considered a potentially significant impact of the Proposed Project. Diesel Particulate Matter (DPM) In addition to stationary/area sources of TACs, new warehousing operations could generate a substantial amount of DPM emissions from off-road equipment use and truck idling. DPM accounts for approximately 84 percent of the excess cancer risk in the SoCAB (SCAQMD 2008a). New land uses in the ACSP area that use trucks, including trucks with transport refrigeration units, and rail activities could generate an increase in DPM that would contribute to cancer and noncancer health risk in the SoCAB. These new land uses could be near to existing sensitive receptors within and outside the of the ACSP area. In addition, trucks would travel on regional transportation routes through the SoCAB, contributing to near -roadway DPM concentrations. Therefore, health risk impacts from development of industrial land uses are considered potentially significant. CO Hot Spot Analysis Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -27- Under existing and future vehicle emission rates, a project would have to increase traffic volumes at a single intersection by more than 44,000 vehicles per hour—or 24,000 vehicles per hour where vertical and/or horizontal air does not mix—in order to generate a significant CO impact (BAAQMD 2011). The Proposed Project would not produce the volume of traffic at any one intersection required to generate a CO hot spot. Therefore, CO hot spots are not an environmental impact of concern for the Proposed Project. Localized air quality impacts related to CO hot spots would therefore be less than significant. Mitigation Measures: Review of projects by SCAQMD for permitted sources of air toxics would ensure health risks are minimized. The following mitigation measure would ensure that DPM emissions not covered under SCAQMD permits are addressed: AQ -9 Prior to issuance of building permits for new industrial or warehousing projects that meets the following criteria: a) Have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel -powered transport refrigeration units (TRUs), and b) Are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use. The property owner/developer shall submit a health risk assessment (HRA) to the Planning Department. The HRA shall be prepared in accordance with policies and procedures of the State of California's Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District (SCAQMD). If the HRA shows that the incremental cancer risk exceeds one in one hundred thousand (1.0E-05), PM concentrations would exceed 2.5 µg/m3, or the appropriate noncancer hazard index exceeds 1.0, the applicant will be required to identify and demonstrate that best available control technologies for toxics (T-BACTs) are capable of reducing potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, restricting idling onsite or electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. The property owner/developer shall record a covenant on the property that requires ongoing implementation of T-BACTs identified in the HRA. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. Finding: Mitigation Measure AQ -9 is feasible and would reduce area and mobile sources of TACs not covered under SCAQMD permits. However, while Mitigation Measure AQ -9 would control risks impacts of individual projects, the incremental increase in health risks associated with individual projects would contribute cumulatively to already elevated levels of cancer health risks in the SoCAB. Therefore, Impact 5.2-4, as it related to cumulative TAC emissions, would remain significant and unavoidable, and a Statement of Overriding Considerations is required. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -28- Impact 5.2-6: The Anaheim Canyon Specific Plan is a regionally significant project that would contribute to an increase in frequency or severity of air quality violations in the South Coast Air Basin and would conflict with the assumptions of the applicable Air Quality Management Plan. Per CEQA Guideline Section 15206, the Proposed Project is considered regionally significant by SCAG because it would result in the development of over 500 residential dwelling units and 250,000 square feet of commercial office space. Changes in the population, housing, or employment growth projections associated with this project have the potential to substantially affect Southern California Association of Government's (SCAG) demographic projections and therefore the assumptions in SCAQMD's air quality management plan (AQMP). The Proposed Project would increase the land use intensity within the ACSP area, resulting in a large increase in population growth and employment in the plan area. Additionally, the Proposed Project would require a general plan amendment to accommodate the change in land uses. Because regional transportation modeling is based on the underlying general plan land use designation, the project could potentially change the assumptions of the AQMP. The Proposed Project would be consistent with the regional goals of integrating land uses near a major transportation corridor with the creation of DA 3. This planning subarea would permit residential mixed-use developments to utilize the existing Anaheim Canyon Metrolink Station and SR -91. The ACSP would also seek improvements to bike and pedestrian pathways and an improvement to overall connectivity to public transit. In addition, development of residential and nonresidential land uses in proximity to each other in addition to public transportation options would likely reduce vehicle miles traveled (VMT) and associated criteria air pollutant emissions from mobile sources. However, despite furthering the regional transportation and planning objectives to reduce per capita VMT and associated emissions, the project would represent a substantial increase in emissions compared to existing conditions and would exceed SCAQMD's regional operational significance thresholds (see Table 5.2-9 of the DEIR). As a result, the Proposed Project could potentially exceed the assumptions in the AQMP and would not be considered consistent with the AQMP. Consequently, impacts would be potentially significant. Mitigation Measures: See Mitigation Measures AQ -1 through AQ -8. Finding: Mitigation Measures AQ -1 through AQ -8, which are applied for Impact 5.2-1 and Impact 5.2-2, are feasible and would reduce the project's regional construction -related and operational phase criteria air pollutant emissions to the extent feasible. However, given the potential increase in growth and associated increase in criteria air pollutant emissions, the Proposed Project would continue to be potentially inconsistent with the assumptions in the AQMP. As a result, Impact 5.2-6 would remain significant and unavoidable and a Statement of Overriding Considerations is required. 2. Greenhouse Gas Emissions Impact 5.5-1: Development of all of the proposed land uses within the Anaheim Canyon Specific Plan would result in a substantial increase of GHG Emissions that would exceed the South Coast Air Quality Management District's proposed efficiency target of 4.8 MTCO2, due to the magnitude of GHG Emissions associated with the proposed project. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -29- Mitigation Measures: See Mitigation Measures AQ -5 through AQ -8 and T-1 through T-3. Finding: Mitigation Measures AQ -5 through AQ -8 would further reduce GHG emissions from stationary and mobile sources to the extent feasible. Additionally, Mitigation Measures T-1 through T-3 would also encourage and accommodate use of alternative -fueled vehicles and nonmotorized transportation. However, due to the magnitude of GHG emissions associated with the Proposed Project, Impact 5.5-1 would remain significant and unavoidable and a Statement of Overriding Considerations is required. 3. Noise Impact 5.10-1: Construction activities would result in temporary noise increases in the vicinity of the Project Site. As shown in Table 5.10-6 of the DEIR, construction equipment generates high levels of noise with maximums ranging from 71 dBA to 101 dBA. Construction of individual developments associated with implementation of the ACSP would temporarily increase the ambient noise environment and would have the potential to affect noise -sensitive land uses in the vicinity of an individual project. The City of Anaheim Municipal Code Section 6.70.010, noise sources associated with construction or building repair are exempt from the City Sound Pressure Level standards between the hours of 7:00 AM to 7:00 PM. Approval to conduct these activities beyond this time periods must be pre -approved by the Director of Public Works or Building Official through a written request. Significant noise impacts may occur from operation of heavy earthmoving equipment and truck haul that would occur with construction of individual development projects. Implementation of the ACSP anticipates an increase in development intensity. Most of the Project Site is currently developed as industrial, office and commercial uses. However, several noise -sensitive receptors such as residences, hospitals, hotels, and schools are located within the Project Site and along its boundaries. Construction of individual developments associated with implementation of the ACSP would temporarily increase the ambient noise environment in the vicinity of each individual project, existing and future sensitive uses mostly affected would be the ones located in the transit center area in the vicinity of the Anaheim Canyon train station, and residences north of Orangethorpe Avenue. Because construction activities associated with any individual development may occur near noise - sensitive receptors and depending on the project type noise disturbances may occur for prolonged periods of time, construction noise impacts associated with implementation of the ACSP are considered significant. Mitigation Measures: N-1 Ongoing during grading, demolition, and construction, the property owner/developer shall be responsible for requiring contractors to implement the following measures to limit construction -related noise: Construction activity is limited to the daytime hours between 7 AM to 7 PM, as prescribed in the City's Municipal Code Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -30- • All internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers. • Stationary equipment such as generators, air compressors shall be located as far as feasible from nearby noise -sensitive uses. • Stockpiling is located as far as feasible from nearby noise -sensitive receptors • Construction traffic shall be limited to the haul routes established by the City of Anaheim. N-2 Prior to issuance of a building permit for any project requiring pile driving or blasting during construction, the property owner/developer shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. The maximum levels shall not exceed 0.2 inches/second, which is the level that can cause architectural damage for typical residential construction. If maximum levels would exceed these thresholds, alternative uses such static rollers, non -explosive blasting, and drilling piles as opposed to pile driving shall be used. Finding: Mitigation Measures N-1 and N-2 are feasible and would reduce temporary construction noise impacts to extent feasible. However, due to the potential for proximity of construction activities to sensitive uses and potential longevity of construction activities, Impact 5.10-1 (construction noise) would remain significant and unavoidable and a Statement of Overriding Considerations is required. 4. Transportation/Traffic Impact 5.14-1: The ACSP would result in significant intersection peak hour impacts under the Existing 2013 Plus Project scenario. Intersection Levels of Service — Existing 2013 Plus Project Scenario The level of service (LOS) analysis was performed for all of the 86 study intersections in accordance with the City of Anaheim and the Orange County congestion management plan (CMP) traffic study guidelines. The results indicate that four out of the 86 study intersections are projected to operate at LOS E or F during one or both of the analyzed peak hours. City of Anaheim Impact Criteria The intersections that are projected to have significant transportation impacts under the Existing 2013 Plus Project scenario are the following 26 study intersections: ■ #1 State College Blvd / Orangethorpe Ave — AM Peak Hour ■ #5 State College Blvd / La Palma Ave — PM Peak Hour ■ #6 State College Blvd / Lincoln Ave — PM Peak Hour ■ #8 Sunkist St/Miraloma Ave / La Palma Ave — PM Peak Hour ■ #9 Sunkist St / Lincoln Ave — AM and PM Peak Hours ■ #11 SR -57 NB Ramps / Orangethorpe Ave — PM Peak Hour Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -31 - ■ #15 Rio Vista St / Lincoln Ave — AM and PM Peak Hours ■ #16 Melrose St / Orangethorpe Ave — AM and PM Peak Hours ■ #17 Blue Gum St / Miraloma Ave — AM and PM Peak Hours ■ #21 Kraemer Blvd / Crowther Ave — PM Peak Hour ■ #22 Kraemer Blvd / Orangethorpe Ave — AM Peak Hour ■ #24 Kraemer Blvd / Miraloma Ave — AM and PM Peak Hours ■ #26 Kraemer Blvd / La Palma Ave — AM and PM Peak Hours ■ #29 Glassell St / Frontera St — AM and PM Peak Hours ■ #32 Miller St / Miraloma St — PM Peak Hour ■ #36 Grove St / La Palma Ave — PM Peak Hour ■ #39 Tustin Ave / Miraloma Ave — AM and PM Peak Hours ■ #42 Tustin Ave / Pacificenter Dr — AM and PM Peak Hours ■ #57 Lakeview Ave / La Palma Ave — AM and PM Peak Hours ■ #58 Lakeview Ave / Riverdale Ave — AM and PM Peak Hours ■ #59 Lakeview Ave / SR -91 WB Ramps — AM Peak Hour ■ #60 Lakeview Ave / Santa Ana Canyon Rd — AM Peak Hour ■ #66 Cinema City / La Palma Ave — PM Peak Hour ■ #73 Imperial Hwy / La Palma Ave — AM and PM Peak Hours ■ #76 Imperial Hwy / Santa Ana Canyon Rd — AM Peak Hour ■ #84 Santiago Blvd / SR -55 NB Ramps — AM Peak Hour HCM Methodology LOS The results from the highway capacity manual (HCM) analyses, shown in Table 5.14-11 of the DEIR, indicate that three out of the 28 study intersections analyzed are projected to operate at LOS E or worse during one or both of the analyzed peak hours. Roadway Segment Analysis — Existing 2013 Plus Project Scenario City of Anaheim Impact Criteria Roadway segment analysis was performed for 89 arterial segments in the Traffic Study Area for the weekday daily roadway volumes under the Existing 2013 Plus Project scenario. The results indicate that out of the 89 study arterial segments, 7 segments are projected to operate at LOS D, E or F as shown in Table 5.14-12 of the DEIR. And the results from the arterial peak hour LOS segment analyses indicate that out of the total seven study segments analyzed, three segments are projected to operate at LOS E or F during the AM and/or PM peak hours. ■ #36 Lakeview Avenue, southbound from La Palma Avenue to Santa Ana Canyon Road (LOS E — PM Peak Hour) Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -32- #72 Santa Ana Canyon Road, eastbound and westbound from Lakeview Avenue to Nohl Ranch Road (Eastbound: LOS E — AM Peak Hour, LOS F — PM Peak Hour; Westbound: LOS E — AM and PM Peak Hours) #81 Tustin Avenue, southbound from La Palma Avenue to SR -91 (LOS E — AM and PM Peak Hours) Mitigation Measures: T-1 Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owners/developer shall complete the following steps below to develop, implement and administer a comprehensive Transportation Demand Management (TDM) program. a) The property owner/developer shall provide to the City of Anaheim Public Works Department, for review and approval, a comprehensive TDM program that includes a menu of TDM program strategies and elements for both existing and future employees' commute options. b) The property owner/developer shall record a covenant on the property that requires ongoing implementation of the approved TDM program and designation of an on-site contact that will be responsible for coordinating the TDM program. c) The form of the covenant shall be approved by the City Attorney's Office prior to recordation. T-2 Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owner/developer shall join and financially participate in a clean fuel shuttle program, if established. The property owner/developer shall record a covenant on the property that requires participation in the program ongoing during project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. T-3 Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owner/developer shall participate in the Anaheim Transportation Network (ATN)/Transportation Management Association. The property owner/developer shall record a covenant on the property that requires ongoing participation in the program and designation of an on-site contact that will be responsible for coordinating and representing the project with the ATN. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. T-4 Prior to issuance of the first building permit for each building, the property owner/developer shall pay all applicable transportation impact fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City -authorized improvements provided by the property owner/developer; and participate in all applicable reimbursement or benefit districts which have been established. T-5 Prior to issuance of building permits for any project forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, the property owner/developer Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -33- shall submit to the City Traffic and Transportation Manager traffic improvement phasing analyses to identify when the improvements identified in the Anaheim Canyon Specific Plan EIR Traffic Impact Study, Iteris, September 2014 (Appendix G of this DEIR) shall be designed and constructed: a) The traffic improvement phasing analyses will specify the timing, funding, construction and fair -share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions, as defined by the City's General Plan, based on thresholds of significance, performance standards and methodologies utilized in EIR No. 348, Orange County Congestion Management Program and established in City of Anaheim Traffic Study Guidelines. b) The property owner/developer shall construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager. At minimum, fair -share calculations shall include intersection improvements, rights-of-way, and construction costs, unless alternative funding sources have been identified to help pay for the improvement. T-6 Prior to first final building and zoning inspection, in conjunction with the preparation of any traffic improvement phasing analyses required by Mitigation Measure T-5, the property owner/developer shall implement traffic improvements to maintain satisfactory levels of services, as identified in the project traffic improvement phasing analysis. T-7 Prior to issuance of building permits, in conjunction with the preparation of any traffic improvement phasing analyses required by Mitigation Measure T-5, the property owner/developer and the City of Anaheim shall take the following actions in cooperation with the Cities of Orange, Fullerton and Placentia: a) The traffic improvement phasing analysis shall identify any impacts created by the project on facilities within the Cities of Orange, Fullerton or Placentia. b) The traffic improvement phasing analysis shall calculate the fair -share percentage responsibility for mitigating these impacts. c) The City of Anaheim shall estimate the cost of the project's fair -share responsibility in cooperation with the Cities of Orange, Fullerton and Placentia. d) The property owner/developer shall pay the City of Anaheim the fair - share cost prior to issuance of a building permit. e) The City of Anaheim shall hold the amount received in trust, and then, once a mutually agreed upon joint program is executed by both cities, the City of Anaheim shall allocate the fair -share contribution to traffic mitigation programs that result in improved traffic flow at the impacted locations, via an agreement mutually acceptable to both cities. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -34- T-8 Prior to issuance of building permits, in conjunction with the preparation of any traffic improvement phasing analyses required by Mitigation Measure T-5, the property owner/developer and the City of Anaheim shall take the following actions in cooperation with Caltrans: a) The traffic improvement phasing analysis shall identify the project's proportionate impact on the specific freeway mainline and/or freeway ramp locations. b) The traffic improvement phasing analysis shall determine the property owner/developer's fair -share percentage responsibility for mitigating project impacts based on thresholds of significance, performance standards and methodologies utilized in EIR No. 348 and established in the Orange County Congestion Management Program and City of Anaheim Traffic Study Guidelines. c) The traffic improvement phasing analysis shall determine if a regional transportation agency has programmed and funded the warranted improvements to the impacted freeway mainline or freeway ramp locations d) The City of Anaheim shall estimate the cost of the project's fair -share responsibility in cooperation with Caltrans. e) The property owner/developer shall pay the City of Anaheim the identified fair -share responsibility as determined above. f) The City shall allocate the property owners/ developers fair -share contribution to traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and the City of Anaheim. g) Future traffic improvement phasing analyses for Caltrans facilities shall utilize the latest adopted HCM Methodology. In addition, proposed intersection modifications within Caltrans right-of-way shall be consistent with Caltrans Traffic Operations Policy Directive 13-02: Intersection Control Evaluation (ICE). Finding: Implementation of Mitigation Measures T-1 through T-8 would reduce impacts to all intersections and segments to operate at acceptable levels of service. All impacted intersections that are located in the City of Anaheim and require operational improvements would be reduced to a less than significant level. However, as shown in Table 5.14-21 and 5.14-22 of the Draft EIR, although recommended, not all identified improvements are feasible due to a number of reasons such as the inability to undertake right-of-way acquisitions as a matter of policy to preserve existing businesses, environmental constraints, or jurisdictional consideration. In addition, although cost estimates have not been completed at this time, it is anticipated that a number of improvements would be economically infeasible due to the anticipated costs of some of the improvements. Inasmuch as the primary responsibility for approving and/or completing certain improvements located outside of Anaheim lies with an agency other than the City of Anaheim (i.e., City of Orange, Caltrans), there is Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -35- the potential that significant impacts may not be fully mitigated if such improvements are not completed for reasons beyond the City of Anaheim's control (e.g., the City of Anaheim cannot undertake or require improvements outside of Anaheim's jurisdiction). Should that occur, the project's traffic impact would remain significant. As a result, Impact 5.14-1 would remain significant and unavoidable and a Statement of Overriding Considerations is required. Impact 5.14-2: The Proposed Project would result in significant intersection and arterial peak hour impacts and roadway segment impacts under the Forecast Year 2040 General Plan Buildout Plus Project scenario compared to the Forecast Year 2040 General Plan Buildout scenario. Intersection Levels of Service — Forecast Year 2040 General Plan Buildout Scenario The Forecast Year 2040 General Plan Buildout scenario was analyzed for the 86 Traffic Study Area intersections for the weekday AM and PM peak hours. City ofAnaheim Impact Criteria The City of Anaheim Circulation element establishes that all intersections should be LOS D or better. The results of the Forecast Year 2040 General Plan Buildout scenario analyses shown in Table 22 of the Traffic Study included in Appendix G of this DEIR indicate that four out of the total 86 study intersections are projected to operate at LOS E or F during one or both of the analyzed peak hours. The four study intersections operating at LOS E of F under the Forecast Year 2040 General Plan Buildout scenario are: ■ #6 State College Blvd / Lincoln Ave — PM Peak Hour ■ #15 Rio Vista St / Lincoln Ave — AM and PM Peak Hours ■ #60 Lakeview Ave / Santa Ana Canyon Rd — AM Peak Hour ■ #77 Batavia St / Lincoln Ave — AM Peak Hour Each of the intersections projected to experience deficient LOS was analyzed in an effort to identify potential improvements. The results of the intersection analysis with the improvements listed below are presented in Table 26 of the Traffic Study (Appendix G of the DEIR). With improvements, these intersections would operate at acceptable LOS D or better under the Forecast Year 2040 General Plan Buildout scenario. ■ # 6 State College Blvd / Lincoln Ave — Add SBR overlap phase ■ #15 Rio Vista St / Lincoln Ave — Add NBR overlap phase, add one EBR, add a 2nd WBL ■ #60 Lakeview Ave / Santa Ana Canyon Rd — Reconfigure EB approach to 2 lefts, 1 shared thru-left and 1 shared thru-right, change EB/WB to split phase ■ #77 Batavia St / Lincoln Ave — Reconfigure EB approach to 2 lefts, 2 thrus, 1 shared thru-right, 1 right Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -36- HCM Methodology LOS - Forecast Year 2040 General Plan Buildout Scenario All of the unsignalized traffic study intersections as well as the signalized study intersections under the jurisdiction of Caltrans were also evaluated using the HCM 2000 methodology. The results from the HCM analyses indicate that one of the 30 study intersections analyzed is projected to operate at LOS E or worse during PM peak hours as below. ID Intersection Control Jurisdiction AM Peak PM Peak Delay LOS Delay LOS 28 Kraemer Blvd / SR -91 EB Ramps Unsignalized Anaheim 24.4 C 144.6 F -intersection controueo oy uaitrans. Intersection Levels of Service — Forecast Year 2040 General Plan Buildout Plus Project Scenario The Forecast Year 2040 General Plan Buildout Plus Project traffic operating conditions were analyzed at the 86 study area intersections for the weekday AM and PM peak hours. City of Anaheim Impact Criteria Per the City of Anaheim Impact Criteria, an intersection impact is deemed significant when the final intersection LOS is at E or F with implementation of a project. According to the LOS and V/C results, 12 study intersections are projected to have significant impacts under the Forecast Year 2040 General Plan Buildout Plus Project scenario: ■ #6 State College Blvd / Lincoln Ave — AM and PM Peak Hours ■ #9 Sunkist St / Lincoln Ave — AM Peak Hour ■ #15 Rio vista St / Lincoln Ave — AM and PM Peak Hours ■ #22 Kraemer Blvd / Orangethorpe Ave — AM Peak Hour ■ #24 Kraemer Blvd / Miraloma Ave — PM Peak Hour ■ #26 Kraemer Blvd / La Palma Ave — PM Peak Hour ■ #41 Tustin Ave / La Palma Ave — AM and PM Peak Hours ■ #42 Tustin Ave / Pacificenter Dr — AM and PM Peak Hours ■ #57 Lakeview Ave / La Palma Ave — AM and PM Peak Hours ■ #58 Lakeview Ave / Riverdale Ave — PM Peak Hour ■ #60 Lakeview Ave / Santa Ana Canyon Rd — AM Peak Hour ■ #77 Batavia St / Lincoln Ave — AM Peak Hour City of Fullerton Impact Criteria There are two study intersections that are under the jurisdiction of the City of Fullerton. The analysis shows that both study intersections are projected to operate at acceptable LOS under the Forecast Year 2040 General Plan Plus Project scenario. ■ #1 State College Blvd / Orangethorpe Ave — no impact Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -37- #7 Placentia Ave / Orangethorpe Ave — no impact Ciy of Orange Impact Criteria There are eight study intersections that are under the jurisdiction of the City of Orange. The analysis shows that one study intersection is projected to operate at unacceptable LOS level under the Forecast Year 2040 General Plan Buildout Plus Project scenario. #77 Batavia St / Lincoln Ave (LOS F — AM Peak Hour) City of Placentia Impact Criteria There are 13 study intersections that are under the jurisdiction of the City of Placentia. The analysis shows that one study intersection is projected to operate at unacceptable LOS level under the Forecast Year 2040 General Plan Buildout Plus Project scenario. ■ #22 Kraemer Blvd / Orangethorpe Ave (LOS E — AM Peak Hour) HCM Methodology LOS All of the unsignalized study intersections as well as the signalized study intersections under the jurisdiction of Caltrans were also evaluated using the HCM 2000 methodology. The results from the HCM analyses indicate that one of the 30 study intersection analyzed is projected to operate at LOS F during the PM peak hour under the Forecast Year 2040 General Plan Buildout Plus Project scenario as shown below. ID Intersection Control Jurisdiction AM Peak PM Peak —Delay I LOS Delay LOS 28 Kraemer Blvd / SR -91 EB Ramps Unsignalized Anaheim 1 25.5 1 D 173.8 F Roadway Segment Analysis — Forecast Year 2040 General Plan Buildout Plus Project Scenario City of Anaheim Impact Criteria The Forecast Year 2040 General Plan Buildout Plus Project weekday daily roadway segment volumes, V/C ratios, and levels of service were evaluated. The results indicate that out of the 89 study arterial segments, 80 segments are projected to operate at LOS C or better, and nine segments are projected to operate at LOS D, E or F. The nine study arterial segments projected to operate at LOS E or F under the Forecast Year 2040 General Plan Buildout Plus Project scenario are shown in Table 5.14-17 of the DEIR. For arterial segments that are projected to operate at LOS D or worse under daily conditions, AM and PM peak hour LOS segment analyses were conducted to determine whether deficiencies occur under the peak periods. The results from the arterial peak hour LOS segment analyses indicate that out of the total nine study segments analyzed, six segments are projected to operate at LOS E or F during the AM and/or PM peak hours. The six segments projected to operate at LOS E or F under the Forecast Year 2040 General Plan Buildout Plus Project scenario are: Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -38- ■ #36 Lakeview Avenue, southbound from La Palma Avenue to Santa Ana Canyon Road to— Southbound (LOS E — AM and PM Peak Hours) ■ #39 Lincoln Avenue, eastbound from Sunkist Street to SR -57 (LOS E — AM Peak Hour) ■ #40 Lincoln Avenue, eastbound from SR -57 to Rio Vista Street (LOS E — AM Peak Hour) ■ #81 Tustin Avenue, southbound from La Palma Avenue to SR -91 — (LOS E — AM Peak Hour) ■ #82 Tustin Avenue, southbound from Jefferson Street to La Palma Avenue — (LOS F — AM Peak Hour) ■ #84 Tustin Avenue, northbound and southbound from Miraloma Avenue to Orangethorpe Avenue (Northbound: LOS E — AM Peak Hour; Southbound: LOS F — PM Peak Hour) Mitigation Measures: See Mitigation MeasuresT-1 through T-8. Finding: Implementation of Mitigation Measures T-1 through T-8 would reduce impacts to all intersections and segments to operate at acceptable levels of service. However, as shown in Table 5.14-22 and 5.14-23, although recommended, not all identified improvements are feasible due to a number of reasons such as the inability to undertake right-of-way acquisitions as a matter of policy to preserve existing businesses, environmental constraints, or jurisdictional consideration. In addition, although cost estimates have not been completed at this time, it is anticipated that a number of improvements would be economically infeasible due to the anticipated costs of some of the improvements. Inasmuch as the primary responsibility for approving and/or completing certain improvements located outside of Anaheim lies with an agency other than the City of Anaheim (i.e., City of Orange, Caltrans), there is the potential that significant impacts may not be fully mitigated if such improvements are not completed for reasons beyond the City of Anaheim's control (e.g., the City of Anaheim cannot undertake or require improvements outside of Anaheim's jurisdiction). Should that occur, the project's traffic impact would remain significant. As a result, Impact 5.14-2 would remain significant and unavoidable and a Statement of Overriding Considerations is required. Impact 5.14-3: The Proposed Project would result in potentially significant traffic impacts to freeway facilities. Freeway Analysis — Existing 2013 Plus Project Scenario All freeway segments in the Traffic Study Area are currently operating at LOS D or better during both the AM and PM peak hours with the exception of the following segments shown below. As with the Existing 2013 (without the project) scenario, all of the freeway Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -39- segments operating at LOS E and F are along the SR -91 corridor. To address the existing congestion and operating issues along the SR -91 corridor, OCTA has recently awarded a PA/ED for SR -91 between Lakeview Ave interchange and SR -57 to address widening needs and further assess the operation levels of the SR -91. # Freeway Segment Analysis AM PM Density c/milln Density LOS clmi/In LOS SR -91 Westbound F N/A F SR -55 Northbound 8 Lakeview Ave Off -Ramp Diverge 36.0 1 E 27.9 C 15 SR -55 NB On -Ramp to Tustin Ave Off -Ramp Weave N/A F N/A F 28 SR -57 SB On -Ramp to State College Blvd Off -Ramp Weave 40.6 E 39.9 E SR -91 Eastbound F N/A F SR -57 Northbound 4 State College Blvd On -Ramp to SR -57 NB/SB Off- Ramp Weave N/A F 40.2 E 12 Glassell St On -Ramp to Tustin Ave Off -Ramp Weave 34.5 D NIA F 14 Tustin Ave On -Ramp to SR -55 SB Off -Ramp Weave N/A F N/A F SR -55 Northbound 4 1 Lincoln Ave On -Ramp to SR -91 Weave NIA F N/A F SR -55 Southbound 1 1 SR -91 to Lincoln Ave Off -Ramp Weave N/A F N/A F SR -57 Northbound 8 1 SR -91 EB/WB On -Ramps to Orangethorpe Ave Off- M___ Weave 28.1 D N/A F SR -57 Southbound 4 Orangethorpe Ave On -Ramp to SR 91 EBMB Off- Weave 51.9 E 48.9 E Ramps 6 SR 91 EB/WB On -Ramps to Lincoln Ave Off -Ramp Weave 50.1 E N/A F Note: Per HCM, where V/C > 1, density value is not calculated and LOS is reported as "F Freeway Improvement — Existing 2013 Plus Project The freeway analysis determined that 11 of the Traffic Study Area locations are projected to operate at LOS E or F under the Existing 2013 Plus Project scenario. However, out of the 11 study locations, only one location is projected to have a worse LOS than the existing condition and the following improvement is recommended to improve LOS to acceptable level. ■ SR -91 Westbound: Lakeview Avenue Off -Ramp (Diverge) (AM LOS E; PM LOS C) — Capacity improvement: Provide a 2nd lane on the Lakeview Avenue Off -Ramp will improve LOS to acceptable level (AM LOS C; PM LOS B) This off -ramp is under the jurisdiction of Caltrans; therefore, the City of Anaheim cannot guarantee the implementation of this improvement and it, subsequently, may not be feasible. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -40- Freeway Analysis - Forecast Year 2040 General Plan Buildout Scenario All freeway segments in the Traffic Study Area are projected to operate at LOS D or better during both the AM and PM peak hours with the exception of the freeway segments shown below. AM Peak PM Peak Segment Analysis Density Density # Freeway g y pclmilln LOS pclmilln LOS SR -91 Westbound 6 Imperial Hwy Direct On -Ramp Merge 35.0 F 31.4 D 8 Lakeview Ave Off -Ramp Diverge 41.0 F 38.6 E 10 Lakeview Ave Loop On -Ramp Merge 34.7 F 30 D 12 Lakeview Ave Direct On -Ramp Merge 41.9 F 38.9 F 14 SR -55 SB Off -Ramp to SR -55 NB On -Ramp Mainline 38.9 E 40.5 E 15 SR -55 NB On -Ramp to Tustin Ave Off -Ramp Weave N/A F N/A F 19 Kraemer Blvd Off -Ramp Diverge 35.2 E 38.0 E 26 SR -57 NB On -Ramp Merge 33.2 D 37.8 E 27 SR -57 NB On -Ramp to SR -57 SB On -Ramp Mainline 33.1 D 43.1 E 28 SR -57 SB On -Ramp to State College Blvd Off -Ramp Weave 49.1 E N/A F 29 State College Blvd Off -Ramp to State College Blvd On -Ramp Mainline 31.5 D 36.5 E 31 State College Blvd On -Ramp to Raymond Ave Off- Ramp Mainline 37.0 E 46.0 F SR -91 Eastbound 4 State College Blvd On -Ramp to SR -57 NB/SB Off- Weave N/A Ramp F 42.9 E 12 Glassell St On -Ramp to Tustin Ave Off -Ramp Weave N/A F N/A F 14 Tustin Ave On -Ramp to SR -55 SB Off -Ramp Weave N/A F N/A F 21 1 Lakeview Ave Direct On -Ramp Merge 31.0 D 34.6 F SR -55 Northbound Lincoln Ave Direct On -Ramp to SR -91 EB Off -Ramp Weave N/A F 1 Katella Ave On -Ramp to Lincoln Ave Off -Ramp Mainline 26.9 D 37.3 3 Lincoln Ave Off -Ramp to Lincoln Ave On -Ramp Mainline 33.2 D 49.7 F 4 Lincoln Ave On -Ramp to SR -91 Weave N/A F N/A F SR -55 Southbound F 51.4 E 6 SR 91 EB/WB On -Ramps to Lincoln Ave Off -Ramp 1 1 SR -91 to Lincoln Ave Off -Ramp Weave N/A F N/A F SR -57 Northbound Merge 36.2 F 21.9 6 Lincoln Ave Direct On -Ramp to SR -91 EB Off -Ramp Weave N/A F N/A F 8 SR -91 EB/WB On -Ramps to Orangethorpe Ave Off- Weave 27.4 C N/A F 35.1 Ramp 33.1 D 4 Orangethorpe Ave On -Ramp to SR 91 EB/WB Off- Ramps Weave N/A SR -57 Southbound 1 Chapman Ave to Orangethorpe Ave Off -Ramp Mainline 35.4 E 31.9 D 2 Orangethorpe Ave Off -Ramp Diverge 35.1 E 33.1 D 4 Orangethorpe Ave On -Ramp to SR 91 EB/WB Off- Ramps Weave N/A F 51.4 E 6 SR 91 EB/WB On -Ramps to Lincoln Ave Off -Ramp Weave N/A F N/A F 10 Lincoln Ave Direct On -Ramp Merge 36.2 F 21.9 C 11 1 Lincoln Ave Direct On -Ramp to Ball Rd Mainline 35.5 E 21.5 C Note: Per HCM, where VIC > 1, density value is not calculated and LOS is reported as T" Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -41- Freeway Analysis - Forecast Year 2040 General Plan Buildout Plus Project Scenario All the freeway segments in the Traffic Study Area are projected to operate at LOS D or better during both the AM and PM peak hours under the Forecast Year 2040 General Plan Buildout Plus Project scenario with the exception of the following segments described below. # Freeway Segment Analysis I Density pUrnilln LOS Density pclmilln LOS SR -91 Westbound 14 Tustin Ave On -Ramp to SR -55 SB Off -Ramp Weave N/A F N/A F 21 6 Imperial Hwy Direct On -Ramp Merge 37.4 F 31.5 D 8 Lakeview Ave Off -Ramp Diverge 42.0 F 38.8 E 10 Lakeview Ave Loop On -Ramp Merge 36.9 F 29.8 D 12 Lakeview Ave Direct On -Ramp Merge 44.5 F 39.3 F 14 SR -55 SB Off -Ramp to SR -55 NB On -Ramp Mainline 41.1 E 40.4 E 15 SR -55 NB On -Ramp to Tustin Ave Off -Ramp Weave N/A F N/A F 19 Kraemer Blvd Off -Ramp Diverge 35.9 E 38.3 E 26 SR -57 NB On -Ramp Merge 33.5 D 38.1 E 27 SR -57 NB On -Ramp to SR -57 SB On -Ramp Mainline 33.7 D 43.7 E 28 SR -57 SB On -Ramp to State College Blvd Off -Ramp Weave 49.7 E N/A F 29 State College Blvd Off -Ramp to State College Blvd Mainline 31.9 D 36.7 E 31 1 State College Blvd On -Ramp to Raymond Ave Off I Mainline 37.3 E 46.6 F SR -91 Eastbound 4 State College Blvd On -Ramp to SR -57 NB/SB Off- Weave N/A Ramp F 42.6 E 12 Glassell St On -Ramp to Tustin Ave Off -Ramp Weave N/A F N/A F 14 Tustin Ave On -Ramp to SR -55 SB Off -Ramp Weave N/A F N/A F 21 Lakeview Ave Direct On -Ramp Merge 31.6 D 34.6 F SR -55 Northbound Lincoln Ave Direct On -Ramp to SR -91 EB Off -Ramp Weave N/A F N/A 1 Katella Ave On -Ramp to Lincoln Ave Off -Ramp Mainline 27.4 D 36.7 E 3 Lincoln Ave Off -Ramp to Lincoln Ave On -Ramp Mainline 33.0 D 48.4 F 4 Lincoln Ave On -Ramp to SR -91 Weave N/A F N/A F SR -55 Southbound N/A F 6 SR 91 EB/WB On -Ramps to Lincoln Ave Off -Ramp Weave 1 1 SR -91 to Lincoln Ave Off -Ramp Weave N/A F N/A F SR -57 Northbound 36.7 F 22.7 C 11 6 Lincoln Ave Direct On -Ramp to SR -91 EB Off -Ramp Weave N/A F N/A F 8 SR -91 EB/WB On -Ramps to Orangethorpe Ave Off- Ramp Weave 28.1 D N/A F SR -57 Southbound 1 Chapman Ave to Orangethorpe Ave Off -Ramp Mainline 36.0 E 31.9 D 2 Orangethorpe Ave Off -Ramp Diverge 35.5 E 33.2 D 4 Orangethorpe Ave On -Ramp to SR 91 EB/WB Off- Ramps Weave N/A F N/A F 6 SR 91 EB/WB On -Ramps to Lincoln Ave Off -Ramp Weave N/A F N/A F 10 Lincoln Ave Direct On -Ramp Merge 36.7 F 22.7 C 11 1 Lincoln Ave Direct On -Ramp to Ball Rd Mainline 36.0 E 22.1 C Note: Per HCM, where V/C > 1, density value is not calculated and LOS is reported as "F" Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -42- Freeway Improvement — Forecast Year 2040 General Plan Buildout Plus Project The freeway analysis shows that 28 of the Traffic Study Area locations are projected to operate at LOS E or F under the Forecast Year 2040 General Plan Buildout Plus Project scenario. However, out of the 28 study locations, only the following location is projected to operate at a worse LOS when compared to the Forecast Year 2040 General Plan Buildout Plus Project scenario: ■ SR -57 Southbound: Orangethorpe Ave On -Ramp to SR 91 EB/WB Off -Ramps (Weave) (AM LOS F; PM LOS F) This segment's need for mobility improvements has long been known, as documented by its inclusion in the M2020 Plan as "Project I" which is to improve the SR-91/SR-55 to SR- 91/SR-57 interchange complex, as well as add freeway capacity between SR -55 and SR -57. M2020 calls for specific improvements to be subject to plans developed in cooperation with local jurisdictions and affected communities. OCTA has recently awarded a Project Approval and Environmental Document (PAED) for this project to make it shelf ready for early delivery as external funds become available. Therefore, the City shall cooperate with OCTA and Caltrans to identify transportation or operational improvements necessary to mitigate project -related impacts and enhance mobility through the Project I PAED. This should focus on use of the existing Changeable Message Sign on southbound SR -57 approximately 1,100 feet north of Orangethorpe Avenue, to advise southbound traffic of congestion ahead at the SR -91 interchange and communicate the alternate route of Orangethorpe Avenue to Anaheim Canyon Road. Although the City of Anaheim is willing to cooperate with OCTA and Caltrans toward mitigating Project impacts, the recommended improvements are not under the jurisdiction of the City of Anaheim; therefore, the City of Anaheim cannot guarantee implementation which, subsequently, may not be feasible. Mitigation Measures: See Mitigation MeasuresT-1 through T-8. Finding: Mitigation Measures T-1 through T-8 would reduce traffic impacts to impacted freeway facilities to extent feasible. While potential impacts to the freeway mainline segments and ramps have been evaluated, implementation of the transportation improvements to Caltrans facilities listed above is the primary responsibility of Caltrans. Improvements to state highway facilities are planned, funded, and constructed by the State of California through a legislative and political process involving the State Legislature; the California Transportation Commission (CTC); the California Business, Transportation, and Housing Agency; the California Department of Transportation (Caltrans); and OCTA. Although the proposed project would play a role in funding improvement programs, if these improvements are not implemented by the agencies within the responsibility to do so, the project's freeway ramp and mainline impacts would remain significant and unmitigated. As a result, Impact Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -43- 5.14-3 would remain significant and unavoidable and a Statement of Overriding Considerations is required. IV. ALTERNATIVES TO THE PROPOSED PROJECT A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING/PROJECT PLANNING PROCESS The following is a discussion of the alternatives considered during the scoping and planning process and the reasons why they were not selected for detailed analysis in the EIR. Alternative Development Areas The adopted General Plan, the Northeast Area Specific Plan (HASP) and PacifiCenter Specific Plan (PCSP) already allows a significant amount of non-residential development within the Project Area. Due to the Project Area's location adjacent to major transportation facilities including the SR -91, SR - 57, and SR -55 Freeways and the Anaheim Canyon Metrolink Station, the Project Area has been designated by the City's General Plan as a significant employment center. Consistent with the Supreme Court's interpretation of the role of the General Plan in framing CEQA alternatives analysis, and in consideration of the City's General Plan, no alternative sites within the jurisdiction of the City are considered to be feasible alternatives to the Proposed Project, since they would not reduce the environmental impacts associated with the Project. Therefore, an alternative site could not feasibly accomplish most of the basic objectives of the Proposed Project, and thus there are no available alternative sites which could accommodate the Proposed Project. B. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS The following alternatives were determined to represent a reasonable range of alternatives with the potential to feasibly attain most of the basic objectives of the project but avoid or substantially lessen any of the significant effects of the project. No Project/ Existing Specific Plans Alternative This alternative, which is required by CEQA, assumes that the existing general plan and zoning designations would remain unchanged. The Project Area currently contains approximately 27.9 million square feet of non-residential land uses and 312 multi -family dwelling units. Under this alternative the Project Area would be developed to the maximum buildout potential under Northeast Area Specific Plan (NASP) and PacifiCenter Specific Plan (PCSP). The NASP allows maximum non- residential development of 29,378,688 square feet of non-residential at buildout and the PCSP allows approximately 445,800 square feet of non-residential uses at buildout. Therefore, under this alternative, additional 1,918,332 square feet of non-residential land uses would be developed within the Project Area and no additional residential units would be constructed. Additional 1,918,332 square feet represents approximately 10 percent of the Proposed Project development. Finding: The City finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make the Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -44- No Project/Existing Specific Plans Alternative infeasible. [Pub. Res. Code 21081(a)(3); Guidelines � 15091(a) (3)] Facts in Support of Finding • This alternative would not meet any of the project objectives. This alternative would avoid or substantially lessen significant and unavoidable impacts related to air quality, biological resources, GHG emissions, noise, public services, transportation and traffic, and utilities and service systems. Impacts related to geology and soils, hydrology and water quality, minerals, population and housing, and recreation would be similar to the Proposed Project and greater impacts are anticipated for aesthetics, hazards and hazardous materials, land use and planning. Increased Residential Use Alternative Under the Increased Residential Use Alternative, the non-residential intensity would be reduced by half from 19,359,797 square feet to 9,679,899 square feet, and the maximum number of residential units would be doubled from 2,919 units to 5,838 units. ACSP allows multi- and single-family attached units, and even with the increase number of residential units, the overall construction square footage would be less than the Proposed Project. This alternative would reduce the air quality, GHG emissions, noise, and traffic impacts associated with implementation of the ACSP while achieving the objectives of the ACSP. Under this scenario, 19,360 jobs would be created in the ACSP area and the jobs/housing ratio for the City would change to 1.79 from 1.97 and for the County would change to 1.52 from 1.54. Finding: The City finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make the Increased Residential Use Alternative infeasible. [Pub. Res. Code 21081(a)(3); Guidelines � 15091(a) (3)] Facts in Support of Finding • This alternative would meet some of the project objectives. This alternative would avoid or substantially lessen significant and unavoidable impacts related to aesthetics, air quality, GHG emissions, hydrology and water quality, operational noise, transportation and traffic, and utilities and service systems. Impacts related to biological resources, geology and soils, hazards and hazardous materials, land use and planning, mineral resources, short-term noise, and population and housing would be similar to the Proposed Project and greater impacts are anticipated for public services and recreation. Reduced Density Alternative This alternative would reduce the overall additional development density by 30 percent. It would reduce the additional non-residential area increase from 19,359,796.51 square feet to 13,551,859.55 square feet and residential increase from 2,607 units to 1,825 units. The intent of this alternative is to Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -45- reduce the air quality, GHG emissions, and traffic impacts associated with implementation of the ACSP while achieving the objectives of the ACSP. Finding: The City finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make the Reduced Density Alternative infeasible. [Pub. Res. Code 21081(a)(3); Guidelines �15091(a)(3)] Facts in Support of Finding • This alternative would meet some of the project objectives. This alternative would avoid or substantially lessen significant and unavoidable impacts related to aesthetics, air quality, GHG emissions, hydrology and water quality, noise, transportation and traffic, and utilities and service systems. Impacts related to biological resources, geology and soils, hazards and hazardous materials, land use and planning, mineral resources, population and housing, public services, and recreation would be similar to the Proposed Project. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -46- V. STATEMENT OF OVERRIDING CONSIDERATIONS CEQA requires decision makers to balance the benefits of the proposed project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered "acceptable" (State CEQA Guidelines Section 15093[a]). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (State CEQA Guidelines Section 15093 [b]). The agency's statement is referred to as a "Statement of Overriding Considerations." The following sections provide a description of the each of the project's significant and unavoidable adverse impacts and the justification for adopting a statement of overriding considerations. A. Significant and Unavoidable Adverse Impacts Pursuant to Public Resources Code Section 21081(b) and Guidelines Section 15093, the City has balanced the benefits of the Proposed Project against the following unavoidable adverse impacts associated with the Proposed Project and has adopted all feasible mitigation measures with respect to these impacts: (1) Air Quality, (2) Greenhouse Gas Emissions, (3) Noise, (4) Transportation/Traffic and (5) Utilities and Service Systems. The City also has examined alternatives to the Proposed Project, none of which both meets the Project objectives to the same extent as the Proposed Project, and is environmentally preferable to the Proposed Project. The City declares that it has adopted mitigation measures to reduce all of the Proposed Project's environmental impacts to an insignificant level, other than the following: Air Quality Impact 5.2-1 Mitigation Measures AQ -1 through AQ -4 would reduce criteria air pollutants generated from project -related construction activities. Buildout of the Anaheim Canyon Specific Plan would occur over 20 years or more. Construction time frames and equipment for individual site specific projects are not available. There is a potential for multiple developments to be constructed at any one time, resulting in significant construction -related emissions. Therefore, despite adherence to Mitigation Measures AQ -1 through AQ -4, Impact 5.2-1 would remain significant and unavoidable. Impact 5.2-2 Incorporation of Mitigation Measures AQ -5 and AQ -8 would reduce operation -related criteria air pollutants generated from stationary and mobile sources. Mitigation Measures T-1 through T-3 would also encourage and accommodate use of alternative -fueled vehicles and nonmotorized transportation. However, despite adherence to Mitigation Measures AQ -5 through AQ -8 and T-1 through T-3, Impact 5.2-2 would remain significant and unavoidable. Impact 5.2-3 Mitigation Measures AQ -1 and AQ -4 (applied for Impact 5.2-1) would also reduce the Proposed Project's regional construction emissions and therefore would also reduce its localized construction - Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -47- related criteria air pollutant emissions to the extent feasible. However, because existing sensitive receptors may be close to project -related construction activities, construction emissions generated by individual projects have the potential to exceed South Coast Air Quality Management District's (SCAQMD) local significance thresholds. Impact 5.2-3 would remain significant and unavoidable. Impact 5.2-4 Buildout of the proposed Anaheim Canyon Specific Plan could result in new sources of criteria air pollutant emissions and/or toxic air contaminants near existing or planned sensitive receptors. Review of projects by SCAQMD for permitted sources of air toxics (e.g., industrial facilities, dry cleaners, and gasoline dispensing facilities) would ensure health risks are minimized. Mitigation Measure AQ -9 would ensure mobile sources of toxic air contaminants not covered under SCAQMD permits are considered during subsequent project -level environmental review. Development of individual projects may achieve the incremental risk thresholds established by SCAQMD. However, the incremental increase in health risk associated with individual projects is considered cumulatively considerable and would contribute to already elevated levels of cancer and noncancer health risks in the South Coast Air Basin. Therefore, Impact 5.2-4 would remain significant and unavoidable. Impact 5.2-6 Mitigation measures applied for Impacts 5.2-1 and 5.2-2 would reduce the project's regional construction -related and operational phase criteria air pollutant emissions to the extent feasible. However, given the potential increase in growth and associated increase in criteria air pollutant emissions, the Proposed Project would continue to be potentially inconsistent with the assumptions in the air quality management plan. Impact 5.2-6 would remain significant and unavoidable. Greenhouse Gas Emissions Impact 5.5-1 The Proposed Project would result in the reduction of the GHG emissions per capita rate from 10.77 metric tons of CO2 -equivalent per service population (MTCO2e/SP) to 9.12 MTCO2e/SP. Implementation of Mitigation Measures AQ -5 through AQ -8 would further reduce GHG emissions from stationary and mobile sources to the extent feasible. Additionally, Mitigation Measures T-1 through T-3 would also encourage and accommodate use of alternative -fueled vehicles and nonmotorized transportation. However, due to the magnitude of GHG emissions associated with the Proposed Project, Impact 5.5-1 would remain significant and unavoidable. Noise Impact 5.10-1 Mitigation Measures N-1 and N-2 would reduce potential noise impacts during construction to the extent feasible. However, due to the potential for proximity of construction activities to sensitive uses and potential longevity of construction activities, Impact 5.10-1 (construction noise) would remain significant and unavoidable. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -48- Transportation and Traffic Impact 5.14-1 Implementation of Mitigation Measures T-1 through T-8 would reduce impacts to all intersections and segments to operate at acceptable levels of service. However, as shown in Table 5.14-21 and 5.14-22, not all recommended improvements maybe feasible due to right-of-way constraints. All impacted intersections that are located in the City of Anaheim and require operational improvement would be reduced to a less than significant level. However, not enough right-of-way has been identified at the following locations to implement the recommended improvements. ■ #42 Tustin Avenue / Pacificenter Drive ■ #57 Lakeview Avenue / La Palma Avenue Therefore, Impact 5.14-1 would remain significant and unavoidable. Impact 5.14-2 Implementation of Mitigation Measures T-1 through T-8 would reduce impacts to all intersections and segments to operate at acceptable levels of service. However, as shown in Table 5.14-22 and 5.14-23, not all recommended improvements maybe feasible due to right-of-way constraints or guaranteed to be implemented due to jurisdictional constraints. Inasmuch as the primary responsibility for approving and/or completing certain improvements located outside of Anaheim lies with agencies other than the City of Anaheim (i.e., Cities of Placentia and Orange), there is the potential that significant impacts may not be fully mitigated if such improvements are not completed for reasons beyond the City of Anaheim's control (e.g., the City of Anaheim cannot undertake or require improvements outside of Anaheim's jurisdiction). The City of Anaheim cannot guarantee implementation of recommended improvements at the following intersections and arterial segments. Signalized Intersections ■ #6 State College Boulevard/Lincoln Avenue (ROW constraints) ■ #15 Rio Vista St / Lincoln Ave (ROW constraints) ■ #22 Kraemer Blvd / Orangethorpe Ave (jurisdictional constraints) ■ #24 Kraemer Boulevard/Miraloma Avenue (ROW constraints) ■ #26 Kraemer Blvd / La Palma Ave (ROW constraints) ■ #41 Tustin Street/La Palma Avenue (ROW constraints) ■ #42 Tustin Ave / Pacificenter Drive (ROW constraints) ■ #57 Lakeview Avenue/La Palma Avenue (ROW constraints) ■ #58 Lakeview Avenue/Riverdale Avenue (ROW constraints) ■ #60 Lakeview Avenue/Santa Ana Canyon Road (ROW constraints) ■ #77 Batavia St / Lincoln Ave (jurisdictional constraints) Unsignalized Intersection ■ #28 Kraemer Blvd / SR -91 EB Ramps (jurisdictional constraints) Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -49- Arterial Segments ■ #36 Lakeview Avenue from Santa Ana Canyon Road to La Palma Avenue (ROW constraints) ■ #39 Lincoln Avenue from Sunkist Street to SR -57 Freeway (ROW constraints) ■ #40 Lincoln Avenue from SR -57 Freeway to Rio Vista Street (ROW constraints) ■ #82 Tustin Avenue from La Palma Avenue to Jefferson Street (ROW constraints) ■ #84 Tustin Avenue from Miraloma Avenue to Orangethorpe Avenue (ROW constraints) Therefore, Impact 5.14-2 would remain significant and unavoidable. Impact 5.14-3 State highway facilities within the study area are not within the jurisdiction of the City of Anaheim. Rather, those improvements are planned, funded, and constructed by the State of California through a legislative and political process involving the State Legislature; the California Transportation Commission (CTC); the California Business, Transportation, and Housing Agency; the California Department of Transportation (Caltrans); and OCTA. Recent funding opportunities designated by OCTA's Renewed Measure M provide the vehicle for designated improvements on the freeway facilities within the study area and were analyzed at their recommended build -out in the ACSP. While potential impacts to the freeway mainline segments and ramps have been evaluated, implementation of the transportation improvements to Caltrans facilities listed above is the primary responsibility of Caltrans. While Caltrans has recognized that private development has a role to play in funding fair share improvements to impacts on the SR -91 and SR -55, neither Caltrans nor the State has adopted a program that can ensure that locally -contributed impact fees will be tied to improvements to freeway mainlines and only Caltrans has jurisdiction over mainline improvements. Because Caltrans has exclusive control over state highway improvements, ensuring that developer fair share contributions to mainline improvements are actually part of a program tied to implementation of mitigation is within the jurisdiction of Caltrans. However, a number of programs are in place in Orange County to improve and upgrade the regional transportation system. These include the Transportation Corridor Agencies (TCA) Corridor program, the State Transportation Improvement Program (STIP), Caltrans Traffic Operations Strategies (TOPS), State Highway Operation and Protection Program (SHOPP), and the OCTA Measure M program. State and federal fuel taxes generate most of the funds used to pay for these improvements. Funds expected to be available for transportation improvements are identified through a Fund Estimate prepared by Caltrans and adopted by the California Transportation Commission (CTC). These funds, along with other fund sources, are deposited in the State Highway Account to be programmed and allocated to specific project improvements in both the STIP and SHOPP by the CTC. However, if these programs are not implemented by the agencies with the responsibility to do so, the project's freeway ramp and mainline impacts would remain significant and unmitigated. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -50- B. CONSIDERATIONS IN SUPPORT OF THE STATEMENT OF OVERRIDING CONSIDERATIONS The following section describes the benefits of the project that outweigh the project's unavoidable adverse effects and provides specific reasons for considering the project acceptable even though the Final EIR has indicated that there will be significant project impacts that are infeasible to mitigate. Economic Growth: From the 1950s through the 1980s, the aerospace industry, led by Boeing, was instrumental in establishing Anaheim Canyon as a premier high tech manufacturing center. Anaheim Canyon area has historically been a jobs -rich area that supplies approximately a third of all jobs in the City of Anaheim. However, due to economic cycles, military downsizing and reorganization, and economic competition from other areas, many of these industries left Anaheim Canyon in the 1990s and early 2000s. Anaheim Canyon now offers a range of industrial, commercial, recycling, and transit -oriented industries without cohesive design theme or guidelines. The proposed project would improve the public realm (infrastructure, streetscapes, and signage) and provide more attractive and better functioning destination for businesses to locate. Anaheim Canyon is envisioned as a regional job center with available infrastructure for growth and would facilitate future job growth at strategic points along the commuter rail, transit systems, and freeway corridors. Implementation of the Proposed Project would better position existing businesses and future businesses to respond to market trends and competitive pressure from other areas, therefore. The Proposed Project would also allow City to engage in effective incentives for local business community to help foster economic vitality and establish strategies to attract quality, long-term jobs. Therefore, the Proposed Project would promote economic growth in the Anaheim Canyon Area. Provides Employment Opportunities for Highly Skilled Workers: The implementation of the Project will provide employment opportunities for a highly skilled workforce, especially opportunities within the trades and construction industries. Reduce Vehicle Miles Traveled: The Proposed Project would expand opportunities for additional high-density residential, office, and retail development within one-quarter to one-half mile of the Metrolink Station, reducing reliance on automobiles, and therefore, having positive impact on the overall vehicle miles traveled in compliance with Senate Bill (SB) 375. Sustainability: The Proposed Project would promote city-wide sustainability by encouraging growth in a manner that reduces greenhouse gas emissions and encourages green buildings. The Proposed Project would further market and expand existing programs that incentivizes a diverse spectrum of energy and water systems and services, ranging from systematic energy audits, lighting retrofits, water conservation strategies, renewable energy utilization, and new construction and customized energy reduction strategies. Provision of Needed Housing: The number of housing units in the ACSP area would increase from 312 to 2,919 dwelling units, an increase of 2,607 units. The existing jobs per housing unit ratio within the project area is currently 178.91 jobs per housing unit, and at buildout, the ACSP area would have a ratio of 32.39. This is a significant improvement over the existing jobs/housing ratio within Anaheim Canyon. The Proposed Project would provide needed housing in the ACSP area while also foster economic growth in a sustainable manner. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -51- Implements the Objectives Established for the Project: The following objectives have been established for the Anaheim Canyon Specific Plan. The implementation of these project objectives is a legal prerogative of the City. 1. Facilitate development and redevelopment of the Project Area consistent with City's General Plan through preparation of a specific plan. 2. Foster development that serves to reduce vehicle miles traveled by promoting alternatives to driving, such as walking, biking, and use of mass transit. 3. Maintain the Anaheim Canyon area as a major employment center. 4. Create a successful business climate with flexible regulations. 5. Help local businesses meet State and regional sustainability mandates. 6. Create a comprehensive vision that is supported by business owners, property owners, and the greater community. 7. Improve the physical image of the public realm to help promote economic growth. Conclusion For the foregoing reasons, the implementation of the Anaheim Canyon Specific Plan and the associated project action will contribute toward maintaining the Anaheim Canyon area as a major employment center while improving the physical image of the public realm and complying with regional sustainability regulations and mandates, all of which outweigh the unavoidable environmental impacts. Anaheim Canyon Specific Plan Findings of Facts and Statement of Overriding Considerations -52- EXHIBIT "B" MITIGATION MONITORING PROGRAM NO. 312 FOR ANAHEIM CANYON SPECIFIC PLAN (ACSP) [Behind this page.] MITIGATION MONITORING PROGRAM NO. 312 FOR ANAHEIM CANYON SPECIFIC PLAN (ACSP) CEQA Action: Environmental Impact Report No. 2013-00348 (State Clearinghouse #2013101087) 1. Project Description — ■ GPA2014-00492: Amend the General Plan Land Use, Circulation, Green, Economic Development, and Community Design Elements to provide consistency with the Anaheim Canyon Specific Plan. ■ SPN2014-00065: Rescind the PacifiCenter Anaheim and Northeast Area Specific Plans and adopt the Anaheim Canyon Specific Plan in their place. ■ ZCA2014-00115: Amend Tide 18 (Zoning) of the Anaheim Municipal Code to (a) rescind Chapter 18.106 (PacifiCenter Anaheim Specific Plan No. 88-3 (SP88-3) Zoning and Development Standards) and Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP94-1) Zoning and Development Standards), (b) adopt Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-01 (SP 2015-01) Zoning and Development Standards), and (c) amend other portions of the Anaheim Municipal Code to be consistent with the addition of the new Chapter 18.120. ■ RCL2014-00262: Apply the zoning and development standards of the proposed new Chapter 18.120 to those properties within the Anaheim Canyon that are currently classified under the SP 88-3 Zone, the SP 94-1 Zone, the "I" Industrial Zone, the "C -G" General Commercial Zone, the "T" Transition Zone, and the Scenic Corridor (SC) Overlay Zone. 2. Property Owner/Developer — Any owner or developer of real property within the Anaheim Canyon Specific Plan boundaries 3. Environmental Equivalent/Timing — Any Mitigation Measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent/timing" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be borne by the property owner/ developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted fee schedule. 4. Timing — This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Program will occur because routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is "to be shown on approved budding plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. MITIGATION MONITORING PROGRAM NO. 312 5. Responsibility for Monitoring — Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. 6. Ongoing Mitigation Measures — The mitigation measures that are designated to occur on an ongoing basis as part of this mitigation monitoring program will be monitored in the form of an annual letter from the property owner/developer in January of each year stating how compliance with the subject measures(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "Ongoing During Construction," the annual letter will review those measures only while construction is occurring. Monitoring will be discontinued after construction is completed. 7. Building Permit — For purposes of this mitigation monitoring program, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. Page 2 of 14 MITIGATION MONITORING PROGRAM NO. 312 Timing I Mitigation Measure AIR QUALITY Responsible for Monitoring I Completion Prior to the issuance of grading, demolition or building plans, whichever occurs first. AQ -1 Prior to issuance of grading, demolition or building plans, whichever occurs first, the property owner/developer shall provide a note on plans indicating that ongoing during grading and construction, contractors will use equipment that meets the following United States Environmental Protection Agency (EPA) -Certified emissions standards: All off-road diesel -powered construction equipment greater than 50 horsepower shall meet the Tier 4 Final emission standards. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 4 diesel emissions control strategy for a similarly sized engine, as defined by CARB regulations. Planning and Building Department/ Building Division Prior to issuance of AQ -2 Prior to issuance of grading, demolition or building plans, whichever occurs first, the Planning and Building Department/ grading, demolition or property owner/developer shall provide a list of all construction equipment proposed to be Building Division building plans, whichever used on the project site. This list may be provided on the building plans. The construction occurs first. equipment list shall state the makes, models, and numbers of the equipment; that the equipment shall be properly serviced and maintained in accordance with the manufacturer's recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with California Air Resources Board's Rule 2449. Prior to issuance of AQ -3 Prior to issuance of grading, demolition or building plans, whichever occurs first, the Planning and Building Department/ grading, demolition or property owner/developer shall submit a dust control plan that implements the following Building Division building plans, whichever measures during ground -disturbing activities, in addition to the existing requirements for occurs first. fugitive dust control under South Coast Air Quality Management District Rule 403, to further reduce PM10 and PM2.5 emissions: a) Following all grading activities, the construction contractor shall reestablish ground cover on the construction site through seeding and watering. b) During all construction activities, the construction contractor shall sweep streets with Rule 1186—compliant, PMlo-efficient vacuum units on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. c) During all construction activities, the construction contractor shall maintain a minimum 24 -inch freeboard on trucks hauling dirt, sand, soil, or other loose materials and tarp materials with a fabric cover or other cover that achieves the same amount of protection. d) During all construction activities, the construction contractor shall water exposed round surfaces and disturbed areas a minimum of every three hours on the Page 3 of 14 MITIGATION MONITORING PROGRAM NO. 312 Timing Mitigation Measure Responsible for Monitoring Completion construction site and a minimum of three times per day. e) During all construction activities, the construction contractor shall limit onsite vehicle speeds on unpaved roads to no more than 15 miles per hour. The Building Division shall verify compliance during normal construction site inspections. Prior to issuance of a AQ -4 Prior to issuance of a building permit, the property owner/developer shall provide a note on Planning and Building Department/ building permit. plans indicating that: Building Division a) All coatings and solvents will have a volatile organic compound (VOC) content lower than required under Rule 1113 (i.e., super compliant paints). b) All architectural coatings shall be applied either by (1) using a high-volume, low- pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand -roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent applicant efficiency. c) The construction contractor shall also use precoated/natural colored building materials, where feasible. The Building Division shall verify compliance during normal construction site inspections. Prior to issuance of AQ -5 Prior to issuance of building permits, for residential development, the property Planning and Building Department/ building permits for new owner/developer shall provide a note on building plans that indicates that all shared Building Division residential development. community barbeques will be electric powered barbeque units. These units shall be verified on site by the Building Division prior to issuance of a Certificate of Occupancy. Prior to issuance of a AQ -6 Prior to issuance of a building permit, the property owner/developer shall show on plans Planning and Building Department/ building permit. that all applicant -provided appliances be Energy Star appliances (dishwashers, Building Division refrigerators, clothes washers, and dryers). Installation of Energy Star appliances shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. Prior to issuance of AQ -7 Prior to issuance of building permits for new construction of residential development, the Planning and Building Department/ building permit for new property owner/developer shall indicate on plans that garage and/or car port parking are Building Division residential development. electrically wired to accommodate a Level 2 (240 volt) electric vehicle charging. The location of the electrical outlets shall be specified on building plans, and proper installation shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. Page 4 of 14 MITIGATION MONITORING PROGRAM NO. 312 Timing Mitigation Measure Responsible for Monitoring Completion Prior to issuance of AQ -8 Prior to issuance of building permits for new construction of non-residential development Planning and Building Department/ building permits for new of 100,000 building square feet or more, the property owner/developer shall indicate on Building Division construction of non- plans that Level 2 vehicle charging stations will be provided for public use, and where residential development feasible, the property owner/developer shall coordinate with the City of Anaheim to install of 100,000 building Level 3 (480 volt or higher) charging stations. The location of the charging station(s) shall square feet or more. be specified on building plans, and proper installation shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. Prior to issuance of AQ -9 Prior to issuance of building permits for new industrial or warehousing projects that meets Planning and Building Department/ building permit. the following criteria: Building Division a) Have the potential to generate 100 or more diesel truck trips per day or have 40 or Planning and Building Department/ more trucks with operating diesel -powered transport refrigeration units (TRUs), and Planning Services Division b) Are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, City Attorney's Office nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use. The property owner/developer shall submit a health risk assessment (HRA) to the Planning Department, The HRA shall be prepared in accordance with policies and procedures of the State of California's Office of Environmental Health Hazard Assessment (OEHHA) and the South Coast Air Quality Management District (SCAQMD). If the HRA shows that the incremental cancer risk exceeds one in one hundred thousand (1.0E-05), PM concentrations would exceed 2.5 pg/m3, or the appropriate noncancer hazard index exceeds 1.0, the applicant will be required to identify and demonstrate that best available control technologies for toxics (T-BACTs) are capable of reducing potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, restricting idling onsite or electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. The property owner/developer shall record a covenant on the property that requires ongoing implementation of T-BACTs identified in the HRA. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. Page 5 of 14 MITIGATION MONITORING PROGRAM NO. 312 Timing Mitigation Measure Responsible for Monitoring Completion Prior to issuance of AQ -10 Prior to issuance of building permits for new residential developments, the property Planning and Building Department/ building permits for new owner/developer shall submit a health risk assessment (HRA) to the Planning Department. Building Division residential developments. The HRA shall be prepared in accordance with policies and procedures of the State of Planning and Building Department/ California's Office of Environmental Health Hazard Assessment (OEHHA) and the South Planning Services Division Coast Air Quality Management District (SCAQMD). City Attorney's Office If the HRA shows that the incremental cancer risk exceeds one in one hundred thousand (1.0E-05), PM concentrations would exceed 2,5 pg/m3, or the appropriate noncancer hazard index exceeds 1.0, the following is required prior to issuance of building permits: a) The HRA shall identify the level of high -efficiency Minimum Efficiency Reporting Value (MERV) filter required to reduce indoor air concentrations of pollutants to achieve the cancer and/or noncancer threshold. b) Installation of high efficiency MERV filters in the intake of residential ventilation systems consistent with the recommendations of the HRA, shall be shown on plans. Heating, air conditioning, and ventilation (HVAC) systems shall be installed with a fan unit designed to force air through the MERV filter. c) To ensure long-term maintenance and replacement of the MERV filters in the individual units, the property owner/developer shall record a covenant on the property that requires ongoing implementation of the actions below. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. 1. The property owner/developer shall provide notification to all future tenants or owners of the potential health risk for affected units and the increased risk of exposure to diesel particulates when windows are open. 2. For rental units, the property owner/developer shall maintain and replace MERV filters in accordance with the manufacture's recommendations. 3. For ownership units, the Homeowner's Association shall incorporate requirements for long-term maintenance in the Covenant Conditions and Restrictions and inform homeowners of their responsibility to maintain the MERV filter in accordance with the manufacturer's recommendations. Prior to approval of any AQ -11 For projects located within 1,000 feet of an industrial facility that emits substantial odors, Planning and Building Department/ future discretionary action which includes but is not limited to: Building Division ■ Wastewater treatment plants Planning and Building Department/ • Composting, greenwaste, or recycling facilities Planning Services Division ■ Fiberglass manufacturing facilities Page 6 of 14 MITIGATION MONITORING PROGRAM NO. 312 Timing Mitigation Measure Responsible for Monitoring Completion grading permits. ■ Painting/coating operations Planning Services Division ■ Large -capacity coffee roasters ■ Food-processing facilities The property owner/developer shall submit an odor assessment to the Planning Director prior to approval of any future discretionary action that verifies that the South Coast Air Quality Management District (SCAQMD) has not received three or more verified odor complaints. If the Odor Assessment identifies that the facility has received three such complaints, the applicant will be required to identify and demonstrate that Best Available Control Technologies for Toxics (T-BACTs) are capable of reducing potential odors to an Prior to issuance of acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, Planning and Building Department/ demolition, grading or but are not limited to, scrubbers at the industrial facility, or installation of Minimum Planning Services Division building permits, Efficiency Reporting Value (MERV) filters rated at 14 or better at all residential units. Transportation and Traffic Mitigation Measures T-1 through T-3 would also reduce Air Quality Impacts of the Proposed Project. BIOLOGICAL RESOURCES Prior to issuance of BIO -1 Prior to issuance of grading permits for any project that occurs within the areas identified Planning and Building Department/ grading permits. as having potential for the occurrence of special plant communities and sensitive species Planning Services Division as shown in Figure 5.3-1, Areas with Potential for Sensitive Species and Plant Communities, of the Draft EIR, the property owner/developer shall submit a biological survey prepared by a qualified biologist. The biological survey shall assess potential impacts to wildlife movement and identify any impacts to sensitive vegetation communities, including coastal sage scrub, riparian, wetland, and open water habitats. The property owner/developer shall be required to restore and revegetate where the loss of small and/or isolated habitat patches is proposed, and maintain existing wildlife movement opportunities. Prior to issuance of BIO -2 Prior to issuance of demolition, grading or building permits, whichever occurs first, Planning and Building Department/ demolition, grading or construction activity is set to occur during nesting season (typically between February 1 Planning Services Division building permits, and July 1), the property owner/developer shall be required to conduct nesting bird whichever occurs first. surveys in accordance with the California Department of Fish and Wildlife requirements, and submit said surveys to the City of Anaheim Planning Department. Such surveys shall identify avoidance measures to protect active nests. Prior to issuance of BIO -3 Prior to issuance of building permits, for projects with new lighting located adjacent to Planning and Building Department/ building permits, natural areas, the property owner/developer shall submit a lighting plan indicating that the Building Division proposed lighting has been designed to prevent artificial lighting from reflecting into adjacent natural areas. Page 7 of 14 MITIGATION MONITORING PROGRAM NO. 312 Timing Mitigation Measure Responsible for Monitoring Completion Prior to preliminary design BIO4 Prior to preliminary design of any bridge crossing the Santa Ana River, a qualified biologist Planning and Building Department/ of any bridge crossing the shall conduct a jurisdictional delineation of the potential disturbance area at locations Planning Services Division Santa Ana River. where construction activity could affect jurisdictional waters. The jurisdictional delineation shall determine if features are under the jurisdiction of the US Army Corps of Engineers US Army Corps of Engineers (ACOE), the Regional Water Quality Control Board (RWQCB), and/or the California (ACOE), the Regional Water Quality Department of Fish and Wildlife (CDFW). The result shall be a preliminary jurisdictional Control Board (RWQCB), and/or the delineation report that shall be submitted to the City of Anaheim and any responsible California Department of Fish and agency, ACOE, RWQCB, and CDFW, as appropriate, for review and approval. Based on Wildlife (CDFW) the results of the preliminary jurisdictional delineation, bridge design shall be completed so that impacts to jurisdictional waters are minimized in consultation with the ACOE, RWQCB, and CDFW. After final design but prior to construction, permits shall be obtained from each agency where applicable. Prior to the issuance of BIO -5 Prior to the issuance of grading permits for projects potentially affecting riparian or wetland Planning and Building Department/ grading permits. habitat, the property owner/developer shall provide evidence that all necessary permits Planning Services Division have been obtained from the California Department of Fish And Wildlife (pursuant to US Army Corps of Engineers Section 1601-1603 of the Fish and Game Code) and the U.S. Army Corps of Engineers (pursuant to section 404 of the Clean Water Act) or that no such permits are required, in a (ACOE), the Regional Water Quality manner meeting the approval of the City of Anaheim Planning Department. Should a CoontrolntrolBoard (RWQCB), and/or the Section 404 Permit from the Army Corps of Engineers be required, a Section 401 Water California Department of Fish and Quality Certification would also be obtained from the California Regional Water Quality Wildlife (CDFW) Control Board, Santa Ana Region. GREENHOUS GAS EMISSIONS See Air Quality Mitigation Measures AQ -5 through AQ -8 and Transportation and Traffic Mitigation Measures T-1 through T-3. NOISE Ongoing during grading, N-1 Ongoing during grading, demolition, and construction, the property owner/developer shall Planning and Building Department/ demolition, and be responsible for requiring contractors to implement the following measures to limit Building Division construction. construction -related noise: ■ Construction activity is limited to the daytime hours between 7 AM to 7 PM, as prescribed in the City's Municipal Code. ■ All internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers. ■ Stationary equipment such as generators, air compressors shall be located as far as feasible from nearby noise -sensitive uses. Page 8 of 14 MITIGATION MONITORING PROGRAM NO. 312 Timing Mitigation Measure Responsible for Monitoring Completion • Stockpiling is located as far as feasible from nearby noise -sensitive receptors • Construction traffic shall be limited to the haul routes established by the City of Anaheim. Prior to issuance of a N-2 Prior to issuance of a building permit for any project requiring pile driving or blasting during Planning and Building Department/ building permit for any construction, the property owner/developer shall prepare a noise and vibration analysis to Building Division project requiring pile assess and mitigate potential noise and vibration impacts related to these activities. The driving or blasting during maximum levels shall not exceed 0.2 inches/second, which is the level that can cause construction. architectural damage for typical residential construction. If maximum levels would exceed these thresholds, alternative uses such static rollers, non -explosive blasting, and drilling piles as opposed to pile driving shall be used. Prior to issuance of N-3 Prior to issuance of building permits, if new vibration -sensitive land uses are located within Planning and Building Department/ building permits. 200 feet of any railroad line, the property owner/developer shall retain an acoustical Building Division engineer to conduct an acoustic analysis that includes a vibration analysis for potential impacts from vibration generated by operation of the rail line. Mixed use buildings shall be designed to eliminate vibration amplifications due to resonances of floors, walls, and ceilings. The detailed analysis shall be submitted to the Planning Department prior to issuance of building permits and shall show that the vibration levels would be below 72 VdB, which is Federal Transit Administration's nighttime criteria to regulate vibration impacts to affected residential uses. Prior to issuance of N4 Prior to issuance of building permits for projects involving development of new industrial Planning and Building Department/ building permits for uses within 200 feet of any existing residential use or Development Area 3, the property Building Division projects involving owner/developer shall retain an acoustical engineer to conduct an acoustic analysis that development of new includes a vibration analysis for potential impacts from vibration generated by industrial industrial uses within 200 activities. The detailed analysis shall be submitted to the Planning Department showing feet of any existing that the vibration levels to any nearby residential use would be below 78 VdB during the residential use or daytime (7 AM to 10 PM) and 72 VdB during the nighttime (10 PM to 7 AM), which is the Development Area 3. Federal Transit Administration's nighttime criteria to regulate vibration impacts to affected residential uses. Prior to issuance of a N-5 Prior to issuance of a building permit, the project property owner/developers shall submit a Planning and Building Department/ building permit. final acoustical report prepared to the satisfaction of the Planning Director. The report shall Building Division show that the development will be sound -attenuated against present and projected noise levels, including roadway, aircraft, helicopter, stationary sources (e.g., industrial, commercial, etc.), and railroad, to meet City interior standards as follows: a) The report shall demonstrate that the proposed residential design will result in compliance with the 45 dBA CNEL interior noise levels, as required by the California Building Code and California Noise Insulation Standards Title 24 and 25 of the Page 9 of 14 MITIGATION MONITORING PROGRAM NO. 312 Timing Mitigation Measure Responsible for Monitoring Completion building and zoning California Code of Regulations). and Transportation Division inspection for any non- b) The report shall demonstrate that the Proposed Project residential design shall residential project minimize nighttime awakening from train horns such that interior single -event noise generating 50 or more employees. levels are below 81 dBA Lmax. City Attorney's Office The property owner/developer shall submit the noise mitigation report to the Planning Director for review and approval. Upon approval by the City, the project acoustical design features shall be incorporated into construction of the Proposed Project. TRAFFIC AND CIRCULATION Prior to the first final T-1 Prior to the first final building and zoning inspection for any non-residential project Public Works Department/Traffic building and zoning generating 50 or more employees, the property owners/developer shall complete the and Transportation Division inspection for any non- following steps below to develop, implement and administer a comprehensive residential project Transportation Demand Management (TDM) program. generating 50 or more employees. a) The property owner/developer shall provide to the City of Anaheim Public Works City Attorney's Office Department, for review and approval, a comprehensive TDM program that includes a menu of TDM program strategies and elements for both existing and future employees' commute options. b) The property owner/developer shall record a covenant on the property that requires ongoing implementation of the approved TDM program and designation of an on-site contact that will be responsible for coordinating the TDM program. c) The form of the covenant shall be approved by the City Attorney's Office prior to recordation. Prior to the first final T-2 Prior to the first final building and zoning inspection for any non-residential project Public Works Department/Traffic building and zoning generating 50 or more employees, the property owner/developer shall join and financially and Transportation Division inspection for any non- participate in a clean fuel shuttle program, if established. The property owner/developer residential project shall record a covenant on the property that requires participation in the program ongoing generating 50 or more during project operation. The form of the covenant shall be approved by the City Attorney's City Attorney's Office employees. Office prior to recordation. Prior to the first final T-3 Prior to the first final building and zoning inspection for any non-residential project Public Works Department/Traffic building and zoning generating 50 or more employees, the property owner/developer shall participate in the and Transportation Division inspection for any non- Anaheim Transportation Network (ATN)/Transportation Management Association. The residential project property owner/developer shall record a covenant on the property that requires ongoing generating 50 or more participation in the program and designation of an on-site contact that will be responsible City Attorney's Office employees, for coordinating and representing the project with the ATN. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. Page 10 of 14 MITIGATION MONITORING PROGRAM NO. 312 Timing Mitigation Measure Responsible for Monitoring Completion Prior to issuance of the T-4 Prior to issuance of the first building permit for each building, the property owner/developer Public Works Department/Traffic first building permit for shall pay all applicable transportation impact fees to the City of Anaheim in amounts and Transportation Division each building. determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City -authorized improvements provided by the property owner/developer; and participate in all applicable reimbursement or benefit districts which have been established. Prior to issuance of T-5 Prior to issuance of building permits for any project forecast to generate 100 or more peak Public Works Department/Traffic building permits for any hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim and Transportation Division project forecast to Traffic Analysis Model Trip Generation Rates, the property owner/developer shall submit generate 100 or more to the City Traffic and Transportation Manager traffic improvement phasing analyses to peak hour trips. identify when the improvements identified in the Anaheim Canyon Specific Plan EIR Traffic Impact Study, Iteris, September 2014 (Appendix G of the Draft EIR) shall be designed and constructed. a) The traffic improvement phasing analyses will specify the timing, funding, construction and fair -share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions, as defined by the City's General Plan, based on thresholds of significance, performance standards and methodologies utilized in EIR No. 348, Orange County Congestion Management Program and established in City of Anaheim Traffic Study Guidelines. b) The property owner/developer shall construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager. At minimum, fair -share calculations shall include intersection improvements, rights-of-way, and construction costs, unless alternative funding sources have been identified to help pay for the improvement. Prior to first final building T-6 Prior to first final building and zoning inspection, in conjunction with the preparation of any Public Works Department/Traffic and zoning inspection, in traffic improvement phasing analyses required by Mitigation Measure T-5, the property and Transportation Division conjunction with the owner/developer shall implement traffic improvements to maintain satisfactory levels of preparation of any traffic services, as identified in the project traffic improvement phasing analysis, improvement phasing analyses required by Mitigation Measure T-5. Page 11 of 14 MITIGATION MONITORING PROGRAM NO. 312 Timing Mitigation Measure Responsible for Monitoring Completion Prior to issuance of T-7 Prior to issuance of building permits, in conjunction with the preparation of any traffic Public Works Department/Traffic building permits, in improvement phasing analyses required by Mitigation Measure T-5, the property and Transportation Division conjunction with the owner/developer and the City of Anaheim shall take the following actions in cooperation preparation of any traffic with the Cities of Orange, Fullerton and Placentia: improvement phasing n analyses required iby a) The traffic improvement phasing analysis shall identify any impacts created by the Mitigation Measure T-5. project on facilities within the Cities of Orange, Fullerton or Placentia. b) The traffic improvement phasing analysis shall calculate the fair -share percentage responsibility for mitigating these impacts. c) The City of Anaheim shall estimate the cost of the project's fair -share responsibility in cooperation with the Cities of Orange, Fullerton and Placentia. d) The property owner/developer shall pay the City of Anaheim the fair -share cost prior to issuance of a building permit. e) The City of Anaheim shall hold the amount received in trust, and then, once a mutually agreed upon joint program is executed by both cities, the City of Anaheim shall allocate the fair -share contribution to traffic mitigation programs that result in improved traffic flow at the impacted locations, via an agreement mutually acceptable to both cities. Prior to issuance of T-8 Prior to issuance of building permits, in conjunction with the preparation of any traffic Public Works Department/Traffic building permits, in improvement phasing analyses required by Mitigation Measure T-5, the property and Transportation Division conjunction with the owner/developer and the City of Anaheim shall take the following actions in cooperation preparation of any traffic with Caltrans; improvement phasing n analyses required iby a) The traffic improvement phasing analysis shall identify the project's proportionate Mitigation Measure T-5. impact on the specific freeway mainline and/or freeway ramp locations. b) The traffic improvement phasing analysis shall determine the property owner/developer's fair -share percentage responsibility for mitigating project impacts based on thresholds of significance, performance standards and methodologies utilized in EIR No. 348 and established in the Orange County Congestion Management Program and City of Anaheim Traffic Study Guidelines. c) The traffic improvement phasing analysis shall determine if a regional transportation agency has programmed and funded the warranted improvements to the impacted freeway mainline or freeway ramp locations d) The City of Anaheim shall estimate the cost of the project's fair -share responsibility in cooperation with Caltrans. e The property owner/developer shall pay the City of Anaheim the identified fair -share Page 12 of 14 MITIGATION MONITORING PROGRAM NO. 312 Timing Mitigation Measure Responsible for Monitoring Completion demolition, grading, or responsibility as determined above. Engineering Division building permits, f) The City shall allocate the property owners/developers fair -share contribution to whichever occurs first. traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and City Attorney's Office the City of Anaheim. g) Future traffic improvement phasing analyses for Caltrans facilities shall utilize the latest adopted HCM methodology. In addition, proposed intersection modifications within Caltrans right-of-way shall be consistent with Caltrans Traffic Operations Policy Directive 13-02: Intersection Control Evaluation (ICE) UTILITIES AND SERVICE SYSTEMS Prior to issuance of USS -1 Prior to issuance of demolition, grading, or building permits, whichever occurs first, the Public Works Department/ demolition, grading, or property owner/developer shall submit plans to the City Engineer for review. The City Engineering Division building permits, Engineer shall review the location of each project to determine if it is an area served by whichever occurs first. potentially deficient sewer facilities, as identified in the latest updated sewer study for the ACSP. If the project will increase sewer flows beyond those programmed in the City Attorney's Office appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner/developer shall perform additional sewer analysis using flow, wet -weather data, and other information specific for the project to determine the surcharge levels for final design. The property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office, which could include additional related fees, construction, or a combination thereof. Prior to approval of USS -2 Prior to approval of sanitary sewer connections for each development project, the property Public Works Department/ sanitary sewer owner/developer shall be required to install the sanitary sewer facilities, as required by the Engineering Division connections for each City Engineer, to prevent the sewer surcharge in the public system from back -flowing into development project. below -grade structures of the proposed development based upon the latest updated sewer study for the ACSP. Where requested by the City Engineer, sewer improvements shall be constructed with larger than recommended diameter to maintain the surcharge levels within the pipe, and the invert elevation of sewer laterals shall be located above the hydraulic grade line elevation of the surcharge levels when the invert elevation of sewer laterals are above the pipe crown. Prior to the approval of USS -3 Prior to the approval of any street improvement plans within the ACSP that encompass Public Works Department/ any street improvement area(s) where Orange County Sanitation District (OCSD) will be upsizing trunk lines and/or Engineering Division plans. are making other improvements, the property owner/developer shall coordinate with OCSD to ensure that backflow prevention devices are installed at the lateral connections Page 13 of 14 MITIGATION MONITORING PROGRAM NO. 312 Timing Mitigation Measure Responsible for Monitoring Completion to prevent surcharge flow from entering private properties. Proof of such coordination, such as a letter from OCSD affirming review of proposed pians, shall be provided by the property owner/developer to the City prior to approval of the street improvement plans. Page 14 of 14