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93-240 RESOLUTION NO. _9_2d~40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONSIDERING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED AND CERTIFIED BY THE ANAHEIM REDEVELOPMENT AGENCY FOR THE COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT WHEREAS, as the Lead Agency the Anaheim Redevelopment Agency (the "Agency") has prepared and certified an Environmental Impact Report (the "EIR") on the Redevelopmere Plan for the Commercial/Industrial Redevelopment Project (the "Project') pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.: "CEQA"), the Guidelines for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000, et seq.: the "State CEQA Guidelines"), and procedures adopted by the Agency relating to environmental evaluation of public and private projects; and WHEREAS, the Agency transmitted for filing a Notice of Completion of the Draft EIR and thereafter in accordance with the State CEQA Guidelines forwarded the Draft EIR to the State Clearinghouse for distribution to those agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and sought the comments of such persons and agencies; and WHEREAS, notice to all interested persons and agencies inviting comments on the Draft EIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines; and WHEREAS, the Draft EIR was thereafter revised and supplemented to adopt changes suggested, to incorporate comments received during the public review period pursuant to CEQA and the State CEQA Guidelines, and to provide the Agency's and City of Anaheim's ("City") and the Anaheim Community Redevelopmere Commission's ("Commission") responses to said comments, and as so revised, a Final EIR has been submitted to the Agency; and WHEREAS, a public hearing was held by the Commission on August 18, 1993, for the sole purpose of soliciting public comments to the Draft EIR, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto have been heard, and the Final EIR and all comments and responses thereto having been considered; and WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented to incorporate all comments received during the public review period and the responses of the Agency, the Commission and the City thereto; and WHEREAS, the Agency made and adopted the Findings of Fact and Statement of Overriding Considerations Relating to the Environmental Impact of the Commercial/Industrial Redevelopment Project and Mitigation Monitoring Plan (the WAgency Resolution"); and WHEREAS, the Agency has found and determined that the Project will have a significant effect upon the environment; and WHEREAS, based on such Findings of Fact and Statement of Overriding Considerations, the Agency has found that significant environmental effects have been reduced to an acceptable level in that all significant environmental effects have been eliminated or substantially lessened except for the following: (1) the Project will result in areawide impacts on transportation and circulation; (2) the Project will result in cumulative adverse impacts on air quality in the South Coast Air Basin region; and (3) the Project will result in secondary land use impacts on traffic, air quality, schools, local parks, and cultural resources; and WHEREAS, the Agency has adopted a Statement of Overriding Considerations as to each of the significant environmental effects identified in the Agency Resolution which are not eliminated or substantially lessened; and WHEREAS, the City is a Responsible Agency, as defined in Section 21069 of the Public Resources Code, with respect to the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: Section 1. The City Council has evaluated all comments, written and oral, received from persons who have reviewed the Draft EIR, and has duly reviewed and considered the Final EIR prepared and certified by the Agency for the Project. Section 2. The City Council hereby makes and adopts the Findings of Fact and Statement of Overriding Considerations Relating to the Environmental Impact of the Commercial/Industrial Redevelopment Project as set forth in Exhibit ~A" attached hereto and incorporated by this reference (including without limitation the mitigation measures therein set forth). Based on such Findings of Fact and Statement of Overriding Considerations, the City Council hereby finds that significant environmental effects have been reduced to an acceptable level in that all significant environmental effects have been eliminated or substantially lessened except for the following: (1) the Project will result in areawide impacts on transportation and circulation; (2) the Project will result in cumulative adverse impacts on air quality in the South Coast Air Basin region; and (3) the Project will result in secondary land use impacts on traffic, air quality, schools, local parks, and cultural resources. Based on the foregoing, the City Council finds and determines that the Project will have a significant effect upon the environment. Section 3. As to each of the significant environmental effects identified in Section 2 of this Resolution which are not eliminated or substantially lessened, the City Council hereby adopts the Statement of Overriding Considerations in Exhibit "A" attached hereto. PUBL:9250_ ! 13361 B2621.40 ~2 12/! 4/93 Section 4. The City Council hereby adopts the Mitigation Monitoring Plan in Exhibit "B" attached hereto and incorporated herein by this reference. Section 5. The City Clerk is hereby directed to file a Notice of Determination with the County Clerk of the County of Orange pursuant to the provisions of Section 21152 of CEQA and Section 15096(i) of the State CEQA Guidelines. PASSED and ADOPTED by the City Council of the City of Anaheim on this 14 day of December, 1993. ATTEST: City Clerk APPROVED AS TO FORM: PUBL:9250_I 13361 B2621.40 3 12/14/93 EXHIBIT "A" FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATING TO THE ENVIRONMENTAL IMPACT OF THE COMMERCIAL/INDUSTRIAL R~DEVELOPMENT PROJECT INTRODUCTION This document presents fmdings that must be made prior to approval of the Project pursuant to Section 21081 of the Public Resources Code and Sections 15091 and 15903 of the State CEQA Guidelines. Under CEQA, the decision maker is required to make written fmdings explaining how it has dealt with each alternative and each significant environmental impact identified in the draft environmental impact report and fmal environmental impact report. The possible fmdings are: · Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the Final h-:IR.. · Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the fmding. Such changes have been by such other public agency or can and should be adopted by such other public agency. · Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final laTR. Each of these findings must be supported by substantial evidence in the administrative record. This document is divided into the following sections: I. ENVIRO~AL EFFECTS FOUND NOT TO BE SIGNIFICANT II. SIGNIFICANT F_JqVIRO~AL EFFECTS FOUND TO BE MITIGATED TO A LESS THAN SIGNIIqCANT I,g, VEL 111. SIGNIFICANT ENVIRONMEaNTAL F_~FF. CTS THAT CANNOT BE AVOIDED IF ~ PROJECT IS IMPI.grMF_,NI'Sc~D IV. FINDINGS CONCERNING THE PROJECT ALTERNATIVES V. STATEMENT OF OVERRIDING CONSIDERATIONS I. ENVIRONMENTAL EFFECTS FOUND NOT TO BE SIGNIFICANT The Final ErR for the Commercial/Industrial Redevelopment Project (Final EIR No. 318) identified the following effects of the Project to be adverse but less than significant: A. Drainage/Flooding B. Long-Term Noise C. Light and Glare D. Water E. Sewer F. Police Protection G. Fire Protection H. Risk of Upset/Human Health Finding Changes or alterations have been required for, or incorporated into, the Project that avoid or substantially lessen the potential adverse but less than significant environmental effects identified in the Final g~R for the Commercial/Industrial Redevelopment Project (Final ~ No. 318). Facts in Support of Finding The Final g:IR found that existing federal, state, and local requirements and the City's standard project review procedures will reduce effects in most of the above areas of environmental concern. In addition, the Final EIR and the Mitigation Monitoring Plan also include mitigation measures under the headings of "Drainage/Flooding", "Water", "Sewer", "Solid Waste", and "Risk of Upset" developed to further reduce potential effects in these areas of enviromental concern. The Final EIR also identified Project effects on aesthetics to be neither adverse nor significant. This impact was, in fact, determined to be potentially beneficial. PUnL:9726_l]336[B2621.43 2 12/14/93 H. SIGNIFICANT ENVIRONMENTAL EFFECTS FOUND TO BE MITIGATED TO A LESS THAN SIGNIFICANT LEVEL A. TRANSPORTATION/CIRCULATION Significant Effects Development of the Project Area under the General Plan scenario will affect twenty intersections which are projected to operate at an LOS worse than D. Eight of these intersections are projected to operate at an LOS worse than D even without the addition of the project traffic. Additional traffic generated under this Alternate Use scenario will affect the twenty-five intersections projected to operate at an LOS worse than D. Eight of these intersections are projected to operate at an LOS worse than D even without the addition of the project traffic. 1. Changes or alterations have been required for, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the Final I:~ for the Commercial/Industrial Redevelopment Project (Final EIR No. 318). 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. Facts in Support of Findings The Alternate l. and Use designation of General Commercial north of the Route 91 Freeway, found in the Draft ~ to have significant adverse traffic impacts, has been eliminated from the Redevelopment Plan, substantially reducing the potential traffic impacts of the Project. The Final I~R (No. 318) and the Mitigation Monitoring Plan include a number of additional mitigation measures to reduce traffic impacts. These measures include: 1. Project Share Category. The future non-committed improvements referenced here include the master plan improvements and, in some cases, additional improvements to achieve intersection augmentation as required by future traffic demands. The project mitigation will involve participation in the cost of these improvements on a fair share basis. PUIIL:9726_I 13361 B2621.43 3 12/14/93 2. Project Mitigation Category. These are cases where the Master Plan arterial system would be adequate for future no-project traffic conditions and project generated traffic creates additional capacity needs, or cases where a deficiency has been identified under no-project traffic conditions and project generated traffic increases the deficiency by an amount in excess of a specified impact threshold. The additional improvements would be the responsibility of the project. 3. Special Study Areas. This third category of mitigation measures involves specific locations which require comprehensive improvements such as freeway access changes or systemwide circulation improvements in which neighboring jurisdictions are involved (in this case, the City of Fullerton). This category of mitigation measures is in some cases not known at this time to be capable of fully mitigating project and cumulative effects and is further discussed under llI. C., below. In order to implement the mitigations involving special study areas, the City of Anaheim will cooperate with the City of Fullerton to develop a program to mitigate project-related and cumulative traffic impacts from the Commercial/Industrial Redevelopment Project Area within the City of Fullerton. The Anaheim Redevelopment Agency will participate or will require developers to participate in a fair share contribution to feasible improvements at affected intersections. This program may include intersection improvements, improvement of alternate parallel mutes, and adoption of transportation demand management and transportation systems management measures for the area having greatest impact on these intersections. The City of Fullerton will have primary responsibility for determining the appropriateness and feasibility of specific measures and for carrying out the mitigation measures within its jurisdiction. B. POPULATION/HOUSING Significant Effects Impacts related to jobs/housing balance are considered significant since the Redevelopment Plan will not contribute to the improvement of the subregion's jobs/housing balance. P~J~L:9726_I 1336[ B2621.43 4 12/14/93 Finding 1. Changes or alterations have been made, or incorporated into, the Project that avoid or substantially lessen potential environmental effects identified in the Final EIR. Facts in Support of Finding Development of housing in the City in accordance with the City's Housing Element is expected to provide substantial additional housing in other areas of the City outside the Project Area, balancing development in employment areas. C. RECREATION Significant Effects The project could result in up to 1,639 new residents and up to 3,239 new employees in the Project Area at buildout. The Project Area has existing park space deficiencies. Finding 1. Changes or alterations have been required for, or incorporated into, the project that avoid or substantially lessen potentially significant environmental effects identified in the Final laiR. Facts in Support of Finding The Final EIR and Mitigation Monitoring Plan present mitigation measures available as part of the redevelopment plan which will reduce impacts related to recreation facilities in the Project Area to less than significant levels. These measures include improvements to existing parks, as well as construction/development of a new park and/or recreation facility in the northern portion of the South Anaheim Boulevard Subarea. Residential developments are required to pay in-lieu fees for acquisition/improvement of City parks. D. UTILITIES (SOLID WASTE) Significant Effects Buildout of the Project Area is estimated to generate an additional 2.7 to 18.9 tons per day of solid waste over existing conditions. Th~s is a 6.4 to 45 percent increase over present conditions. Since landfalls in Orange County are near capacity, any additional solid waste generation is considered a significant impact. PUS~:9726_II336]B2621.43 ~ 1~/14/93 eindin 1. Changes or alterations have been required for, or incorporated into, the project that avoid or substantially lessen potent'rally significant environmental effects identified in the Final ErR. Facts in Support of Finding As noted in the administrative record, the City has adopted a Source Reduction and Recycling Element (SRRE) that describes the programs that will be undertaken to implement the 25 percent and 50 percent solid waste diversion requirements. The City is currently implementing the SRRE. The City will continue to comply with the State of California Integrated Solid Waste Management Act. E. PUBLIC SERVICES (SCHOOLS) Significant Effects Because development within the Project Area would contribute to cumulative enrollment growth in the Districts which are approaching capacity, the Project's impact is considered potentially significant. Findings 1. Changes or alterations have been required for, or incorporated into, the project that avoid or substantially lessen potentially significant environmental effects ident'ffied in the Final gig. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the f'mding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts in Support of Findings The Final glR and Mitigation Monitoring Plan present a mitigation measure available as part of the redevelopment plan adoption process which includes an attempt by the Agency to offset a demonstrated fiscal detriment to the school districts by measures permitted by law, which may include a pass-through of Project tax increment revenues, assistance with site acquisition or facility construction, loans or grants for construction or rehabilitation, or other measures which may be identified. The Agency has entered into agreements with the school districts pursuant to Health and Safety Code Section 33401 for the purpose of offsetting the school district's fiscal detriment. Other changes are within the responsibility and jurisdiction of the school districts and the State of California. These changes include the districts elecfmg to continue PU~L:9726_I13361B2621.43 6 12/14/93 receiving their share of the property tax as permitted, making regular and timely applications for State construction funds, pursuing alternate means of financing schools as those are made available through changes in state law, and using year-round schedules and double sessions as necessary and appropriate. Also, these changes include the State continuing to finance construction of new schools and classrooms in response to enrollment increases. These measures will reduce impacts on elementary and high school districts serving the Project Area to a less than significant level. The Project's contribution to cumulative impacts on schools may not be mitigated to a less than significant level, but will be mitigated to the extent allowed by state law. PUBL:9726_II3361B2621.43 7 12/14/93 SIGNIFICANT ENVIRONM~,NTAL EFFECTS THAT CANNOT BE AVOIDED IF THE PROJECT IS IMI'LEMENTED A. AIR QUALITY Significant Effects Estimated construction and long-term emissions of subsequent development in the Project Area will be above threshold criteria established by the South Coast Air Quality Management District for selected pollutants. Construction emissions are projected to exceed the SCAQMD daily threshold criteria for all measured air pollutants. Additional long-term daily emissions are projected to be up to 1,339 pounds of reactive organic gases, 22,218 pounds of carbon monoxide, 3,180 pounds of oxides of nitrogen, and 324 pounds of particulate matter. All of these emissions are above the SCAQMD daily threshold criteria. The proposed project however, is consistent with the regional Air Quality Management Plan as it will improve jobs/housing balance in the Project Area by developing residential housing in a region considered to be job-rich and housing-poor, and focus growth around major transportation corridors and in an area in need of redevelopment. Findings 1. With regard to actions that may be taken at local level, changes or alterations have been required for, or incorporated into, the project which substantially reduce the potential environmental effects ident'ffied in the Final EIR. 2. With regard to regional and cumulative air quality effects which depend on regional strategies and standards, changes or alterations are within the responsibility and jurisdiction of the South Coast Air Quality Management District. Such changes have been adopted by the SCAQIvID in the Regional Air Quality Management Plan, Regulation XV requiring employees ridesharing, and Rule 403 regulating construction emissions. 3. Specific economic, social, or other considerations (including considerations for the provision of employment opportunities for highly trained workers) make infeasible the mitigation measures or project alternatives identified in the Final E1R. Facts in Support of Findings The construction and long-term emissions of subsequent projects in the Project Area will be substantially lessened by mitigation measures required in the Final EIR and the Mitigation Monitoring Plan. These measures are listed in the Final EIR and the Mitigation Monitoring Plan. These measures are listed in the Mitigation Monitoring Plan under the PUBL:9726_l13361B2621.43 8 12/14/93 heading of "Air Quality". Each of these listed mitigation measures shall be incorporated into subsequent projects in the Project Area as set forth in the Mitigation Monitoring Plan. Other mitigation measures are within the responsibility and jurisdiction of the South Coast Air Quality Management District and the U.S. Environmental Protection Agency. These measures include; (1) SCAQMD Rule 403 requiring control of construction- related emission; (2) SCAQIVlD Regulation XV requiring all developments in the Project Area to prepare and implement Transportation Demand Management (TDM) programs at their sites; and (4) other measures and programs to reduce cumulative effects of growth in the region on air quality that have been adopted by those agencies and include; (a) steadily improving vehicles emissions and Co) emission controls on stationary sources. Only the "No Project" alternative is capable of fully mitigating air quality impacts. However, this alternative does not meet the Project objectives as outlined in the Final EIR. Finding No. 3 will require the adoption of a Statement of Overriding Consideration as a condition of Project approval. B. LAND USE Significant Effects The Final EIR determined that development in the Project Area will result in a substantial physical change to existing land uses resulting primarily from a conversion of currently vacant land, or land now used for low-intensity uses, to higher intensity commercial, industrial or residential uses. The Final EIR also determined that secondary land use impacts on traffic, air quality, schools, local parks, and historic structures could be significant. l~dings 1. With regard to a physical change to the existing land uses in the Project Area no changes or alterations are required of the project because this effect was found not to be adverse. 2. Changes or alterations have been required for, or incorporated into, the project that substantially lessen secondary land use effects on air quality, traffic, schools, locals parks, and historic structures. 3. Specific economic, social, or other considerations (including considerations for the provision of employment opportunities for highly trained workers) make infeasible the mitigation measures or project alternatives identified in the Final I~IR. VUBL:9726_l 13361B2621.43 9 12/14/93 Facts in Support of Findings The development of vacant and underutilized land for productive and efficient modern land uses is a basic purpose of the proposed. Project. Subsequent development is anticipated to: (1) eliminate blight in the Project Area by developing currenfiy vacant parcels and underutilized land and eliminating uses that contribute to blight, (2) reduce conflicts between commercial or industrial and residential land uses in the long term by consolidating areas of mixed uses, and eliminating uses that are incompatible with adjacent uses, and (3) to improve the physical appearance, landscaping and buffering from adjacent uses by redeveloping individual sites to current development standards. Preventing these land use impacts would defeat the fundamental purpose of the proposed Project. Finding No. 3 will require the adoption of a Statement of Overriding Consideration as a condition of Project approval. C. TRANSPORTATION/CIRCULATION Significant Effects The ~ found that significant project and cumulative traffic effects on a number of intersections in the City of Fullerton could not be mitigated by measures known at this time to be feasible. The feasibility of these measures cannot be determined by the City Council of the City of Anaheim because these intersections are located in another jurisdiction, and the City of Anaheim does not have primary jurisdiction over determination of the feasibility or appropriateness of specific mitigation measures, and cannot carry out these measures. Findings 1. Changes or alterations have been required for, or incorporated into, the project that avoid or substantially lessen the potential significant environmental effects identified in the Final glR for the Commercial/Industrial Redevelopment Project (Final EIR No. 318). 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, social, or other considerations (including considerations for the provision of employment opportunities for highly trained workers) make infeasible the mitigation measures or project alternatives identified in the Final EIR. PUBL:9726_ 113361 B2621.43 l 0 12/14/93 Facts in Support of Findings The Alternate Land Use designation of General Commercial north of the Route 91 Freeway, found in the Draft EIR to have significant adverse traffic impacts, has been eliminated from the Redevelopment Plan, substantially reducing the potential traffic impacts of the Project in the City of Fullerton. The Final EIR No. 318 and the Mitigation Monitoring Plan include the following mitigation measure to reduce traffic impacts on intersections in the City of Fullerton. However, because the primary responsibility for determining feasibility and appropriateness of specific mitigation measures and for carrying them out lies with the City of Fullerton, whether or not these measures are feasible and whether or not they will be carried out cannot be determined at this time. These measures include: 1. The City of Anaheim will cooperate with the City of Fullerton in a program to mitigate project-related and cumulative traffic impacts from the Commercial/Industrial Redevelopment Project Area within the City of Fullerton. The Anaheim Redevelopment Agency will participate or will require developers to participate in a fair share contribution to feasible improvements at affected intersections. This program may include intersection improvements, improvement of alternate parallel mutes, adoption of transportation demand management and transportation systems management measures for the area having greatest impact on these intersections, or other measures. The City of Fullerton will have primary responsibility for determining the appropriateness and feasibility of specific measures and for carrying out the mitigation measures within its jurisdiction. The Final EIR found at pages 3.9-28 through 3.9-31 that mitigation was likely to be infeasible for a number of intersections in the City of Fullerton in that existing structures may prevent widening of the right-of-way sufficiently to add traffic lanes except at a prohibitive economic and social cost. Finding No. 3 will require the adoption of a Statement of Overriding Consideration as a condition of Project approval. D. CULTURAL RF~OURCES Significant Effects If structures in the Project Area are listed on, eligible for listing, or potentially eligible for listing on the National Register, they may be affected by the redevelopment of the Project Area. This is considered a potentially significant impact, if any listed, eligible for lisfmg, or potent'rally eligible properties are destroyed. The eligibility of the Trnxaw-Gervais House for the National Register of Historic Places may be affected by the proposed project. I'UBL:9726_II336]B2621.43 1 1 12/14/93 F~d~g 1. Changes or alterations have been have been required of, or incorporated into, the project to substantially lessen the potentially significant environmental effects identified in the Final EIR. Facts in Support of Finding Mitigation measures have been incorporated into the Project, as described in the Final EIR (No. 318), and as listed in the Mitigation Monitoring Plan. Although these measures cannot with complete certainty reduce significant impacts to a less than significant level, these measures ensure appropriate study of the area and implementation of feasible mitigation measures before any potentially significant historic structures are affected by a site-specific development project. This impact will require the adoption of a Statement of Overriding Consideration as a condition of Project approval PURL:9726_113361B2621.43 12 I2/14/93 IV. FINDINGS CONCERNING TIlE PROJECT ALTERNATIVES Three alternatives to the proposed project are evaluated in the Final EIR, The Agency has reviewed and considered such alternatives in light of the adverse environmental effects which may result from the project and the reduction or elimination of such effects which may be accomplished by selection of the alternatives. The alternatives are summarized below, and specific economic, social, or other considerations that render such alternatives infeasible are set forth. No Additional Development (No Project) The no additional development alternative, required by law to be considered the "no project" alternative, considers the impacts associated with no additional development beyond what currently exists in the Project Area. This alternative is used to establish a baseline to which all other alternatives, inchiding the proposed project, can be compared. This alternative is included in Section 3. (Environmental Analysis) of the Final lh3R as the Environmental Setting for each impact area. The "no additional development" alternative is considered environmentally superior to the proposed Project, because it would not generate any additional or new environmental impact. This alternative would not achieve the stated goals and objectives of the Redevelopment Plan which include eliminating blight conditions, promoting new continuing private sector investment, facilitating commercial sales activity, expanding existing businesses, and creating local job opportunities, all of which rely on additional new development. Failure to achieve these goals and objectives makes this alternative infeasible. Based on the administrative record, the above considerations and the Statement of Overriding Considerations, the City Council of the City of Anaheim finds that the "no additional development" alternative is infeasible. '~,~ No Redevelopment Plan (Development Without Redevelopment Plan) The "No I~edevelopment t'hn" alternative assumes that there is no approval of the proposed Redevelopment Plan. Under this alternative, some development of the Project Area is assumed to occur in accordance with the General Plan. However, improvements of the type and to the extent described in the Redevelopment Plan would not be feasible without redevelopment. Private enterprise acting alone would be unable to eliminate conditions of blight. Any development that may occur in the Project Area under this alternative would be expected to take place at a slower rate than would be the ease with the adoption of the Redevelopment Plan due to lack of direct Redevelopment Agency action. Direct Agency action which would be prevented under this alternative could include property acquisition, relocafion of existing businesses and residences, site proparation,and installation of public infrastructure improvements where necessary and where they may not otherwise occur in PUBL:9726_II336[B2,621-43 13 12/14/93 order to eliminate existing blight and blighting influences to make the area attractive to new development. In addition, the project would not provide monies to the Agency's low and moderate income housing set-aside fund, and so no additional affordable housing would be constructed, as it would under the Redevelopment Plan. This alternative is considered infeasible because private enterprise acting alone would not achieve the stated goals and objectives of the Redevelopment Plan including the elimination of blight and deterioration, the replanning and development of areas which are stagnant or improperly utilized, and providing costly public improvements protecting the general welfare of the citizens of the City. Environmental impacts of this alternative would be similar to those of the proposed Project, except that planned public improvements would not be made, such as improvements to existing park facilities, installation of new storm drains, and sewer improvements. Therefore, this alternative has a potential to result in additional significant impacts on drainage and sewer systems. This alternative could also retain adverse impacts on police and fire protection due to blighting conditions. Based on the administrative record, the above considerations and the Statement of Overriding Considerations, the City Council of the City of Anaheim finds that the "no redevelopment plan" alternative is infeasible. Development of South Anaheim Boulevard Subarea (no redevelopment plan for North Central Industrial Subarea) With this alternative, the North Central Industrial Subarea would be excluded from the Project Area, and only the South Anaheim Boulevard Subarea would be considered as the proposed project. The development scenario under this alternative includes buildout of the South Anaheim Boulevard Subarea using the intensities described in the General Plan and Alternative Use. Generally, a reduction in size of a development area would result in less development, and consequently, in reduced environmental impacts on air quality, noise, traffic, urban systems, and public services. Overall, this alternative would generate mixed environmental impacts, as it would increase some of the impacts relative to the project, while reducing others. This alternative would have a comparable amount of housing, but substantially less commercial and industrial development than the proposed project. Existing commercial and industrial development would be replaced with retail, office, auto, and motel uses would be replaced by more modern and integrated retail and service development. Light industrial and warehouse facilities would be replaced by business parks. The park/recreation facility in tl~s subarea would still be part of the project, but the expansion of La Palma Park and improvements to Julianna Park in the North Central Subarea would not. PUBL:9726_I 1336[ B2621.43 14 12/14/93 This alternative would eliminate a portion of the Project Area found to be blighted and in need of redevelopment. Eliminating this area from redevelopment would preclude an achievement of the goals and objectives of the proposed project to eradicate blighting conditions and prevent their reoccurronce throughout the Project Area. The inability to achieve these goals and objectives makes this altern~/tive infeasible. Based on the administrative record, the above considerations and the Statement of Overriding Considerations, the City Council of the City of Anaheim finds that the "no redevelopment plan for North Central Industrial Subarea" alternative is infeasible. Alternate Location This alternative considers an alternate location for a project area for the Commercial/Industrial Redevelopment Plan. A major objective of a redevelopment plan is the elimination of blight and blighthag conditions. The Project Area has been selected for redevelopment because preliminary studies have been completed that identify it as a blighted area in need of assistance. The exact location and extent of a redevelopment plan at an alternate location would have to comply with criteria regarding blight contained in the Community Redevelopment Law. The ~election of an alternate location would mean that no benefits associated with redevelopment would be undertaken such as street and infrastructure improvements or consolidation of property in the commercial, industrial and residential areas within the Commercial/Industrial Project Area that have been found to be blighted. Redevelopment in some alternate project area would not allow the Project Area to benefit from redevelopment activities. Because this alternative would not meet the basic objectives of the proposed project within a specified area, this alternative is not considered feasible for this project. Based on the administrative record, the above considerations and the Statement of Overriding Considerations, the City Council of the City of Anaheim f'mds that the "alternate location" alternative is infeasible. ~U~L:9T26_II3361B2621.43 15 12/14/93 V. STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act requires the decision maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. (Title 14, California Code of regulations, Section 15093). Based on information set forth in the Final EIR and the foregoing Findings of Fact, the City Council of the City of Anaheim finds that the adverse environmental impacts of the Project related to air quality, land use, traffic and circulation and cultural resources are potentially significant and cannot be entirely mitigated or avoided if the Project is implemented. However, the unavoidable significant environmental effects of the Project are overridden by the benefits of the Project and the consideration described below. Therefore, the City Council of the City of Anaheim hereby approves and adopts this Statement Of Overriding Considerations and f'mds that, for the reasons set forth below and in the administrative record, economic, social and other benefits of the Project (including considerations for the provision of employment opportunities for highly trained workers) outweigh its unavoidable significant environmental effects identified in the Findings of Fact: 1. The proposed Project will provide up to 4000 or more additional jobs in the Project Area, replacing jobs previously lost in the Project Area, as outlined in the Final R~R, pages 3.8-2 through 3.8-4. 2. The proposed Project will provide tax increment revenues to the Agency to provide needed public improvements for the Project Area, which revenues would not be available to the Agency without the Redevelopment Project 3. The proposed Project would provide a program for the elimination and prevention of the spread of blight in the Project Area through provision of public improvements, redevelopment of substandard properties, provision of incentives for the improvement of business, and provision of low- and moderate-income housing which would not be available without the Redevelopment Project, as outlined in the Redevelopment Plan. 4. The adoption of the proposed Redevelopment Plan will provide methods of eliminating blight, such as through acquisition of blighting properties, which would not be available to the City except through the power of redevelopment. 5. Many of the adverse environmental effects of the Project would occur if the area were developed without redevelopment powers under the City's General Plan, although such development would be expected to take place at a slower pace. Redevelopment powers will provide the Agency and the City with methods of mitigating these effects (such as through areawide studies and mitigation programs) which would not be available or would be more difficult to implement without redevelopment. PUBL:9726_I I336t B2621,43 16 12/14/93 6. Achievement of the goals and objectives of redevelopment in the Project Area, which are as follows: 1. The improvement of the physical appearance of the Project Area through rehabilitation of commercial and industrial buildings and sites, through public improvements including undergrounding electrical utilities, upgrading streets, sidewalks, and streetscapes, and through the creation of a comprehensive urban design and planned signage program. 2. The provision of walls and landscaping to create a buffer between commercial/industrial properties and residential areas. 3. The reduction of crime and graffiti in the Project Area through coordination of efforts with Project Area owners, residents, businesses, the Anaheim Police Department, and the Anaheim Code Enforcement ,~, Division. 4. The provision of additional parks or improvement of existing parks and open space within the Project Area to ensure they are clean, safe, and desirable places for use by the community. 5. The elimination and prevention of the spread of blight and deterioration; and the conservation, rehabilitation and redevelopment of the Project Area in accord with the General Plan, specific plans, the Redevelopment Plan and local codes and ordinances. 6. The achievement of an environment reflecting a high level of concern for architectural, landscape, and urban design and land use principles appropriate for attainment of the objects of the Plan. ~ 7. The provision for increased sales, business license, hotel occupancy and other fees, taxes and revenues to the City. 8. The provision for tax increment to provide funds as necessary to finance public improvements and development programs which cannot be accomplished through existing publicly funded programs or by the private sector acting alone to eliminate blighting influences in the Project Area. 9. The retention and expansion of as many existing businesses as possible by means of redevelopment and rehabilitation activities and by encouraging and assisting the cooperation and participation of owners, businesses and public agencies in the revitalization of the Project Area. PUBL:9726_I 13361 ~2621.43 17 12/14/93 10. The creation and development of local job opportunities and the preservation of the area's existing employment base. 11. The establishment of modern, convenient industrial and commercial areas to serve the needs of the City. 12. The elimination of amelioration of certain environmental deficiencies, including substandard vehicular circulation systems; inadequate water, sewer and storm drainage systems; insufficient off-street parking; and other similar public improvements, facilities and utilities deficiencies adversely affecting the Project Area. 13. The encouragement of investment by the private sector in the development and redevelopment of the Project Area by assisting in the alleviation of impediments to such development and redevelopment. 14. The expansion of the community's supply of housing, including '~l~~ opportunities for low- and moderate-income households. 15. The elimination of blight through abatement or code compliance, reconstruction and assembly of parcels into more developable sites for more compatible uses. 16. The improvement of public parking, other public facilities, services, utility lines, lighting, public safety and public transportation. 17. The expansion and upgrading of housing opportunities in the community to eliminate blight and improve housing stock and standards for the present population. 18. The encouragement of maximum participation of Project Area -~.,, occupants, property owners, and community organizations in the redevelopment of the Project Area. 19. Assistance and encouragement of car dealerships in the area to upgrade and modernize their facilities and to promote increased patronage of the automobile industry in the Project Area. 20. The encouragement of maximum reuse of parcels impacted by the CalTrans freeway expansion and assistance with landscaping and other mitigating improvements not included in the CalTrans program. Redevelopment of the Project Area pursuant to the proposed Redevelopment Plan and the above goals and objectives will attain the purposes of the California Community Redevelopment Law by: (1) elimination of areas suffering from economic dislocation and disuse; (2) replanning, redesign and/or redevelopment of areas which are stagnant or PV~L:9726_I ] 3361112621.43 1 8 12/14/93 improperly utilized, and which could not be accomplished by private enterprise acting alone without public participation and assistance; (3) protecting and promoting sound development and redevelopment of blighted areas and the general welfare of the citizens of the City be remedying such injurious conditions through the employment of appropriate means; (4) installation of new or replacement of existing public improvements, facilities and utilities in areas which are currently inadequately served with regard to such improvements, facilities and utilities, and (5) other means as determined appropriate. V POBL:9726_II336[B2621.~3 19 12/14/93 EXHIBIT "B" COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT MITIGATION MONITORING PROGRAM This mitigation monitoring plan IDr the Redevelopment Program for the Commercial/Industrial Project Area has been prepared in compliance with California Public Resources Code Section 21081.6. The plan has been designed to ensure compliance during project implementation. 1. MONITORING CHECKLIST Project mitigation measures, identified to mitigate, avoid, or substantially lessen significant effects on the environment have been incorporated into a checklist. Each mitigation measure is listed separately on the checklist with space for monitoring the progress of implementation of the mitigation measure. This checklist is the basis for the monitoring plan. Any information provided to the City by the applicants for individual development projects must be kept with the checklist in the project file for that project for the purpose of verification. The table showing each mitigation measure and details of monitoring is included at the end of this section. 2. MONITORING PLAN 2.1 Program-Level Mitigation Monitoring The overall monitoring plan for the Commercial/Industrial Redevelopment Project will be conducted by the Anaheim Redevelopment Agency, who will monitor mitigation measures which apply to the Project Area as a whole. The Agency will annually review the overall mitigation monitoring program and the rate of development in tile Project Area to ensure that progress is made on continuing measures and that prqiect- level measures are in place. 2.2 Project-Level Mitigation Monitoring A project level monitoring program must be cm'ried out for each individual development or public improvement project in the Project Area. Many mitigation measures can be monitored through the City's plancheck process. When a proposed project with mitigation measures is submitted for review by the City, the City shall submit a copy of the application to Agency staff for review along with a copy of the monitoring checklist. As City staff reviews the project plan, the plans will be checked for compliance with each mitigation measure. Construction Mitigation Measure (Project-Specific) Construction mitigation measures are those that are designed to reduce the impacts of construction, and, in general, are required to be maintained in operation continually during construction of individual projects. An example of a conshuction mitigation measure is: to configure construction parking to minimize traffic interference. Monitoring will be verified by buildings, public works, or grading inspectors as appropriate during their regular visits to construction sites. Reporting of compliance with mitigation measures will be required at least monthly, with reports of violations made immediately to the appropriate department. Project Design Mitigation Measure (Project-Specific) A project design mitigation measure is a measure that will be incorporated into the project design, for example: provision of a retention basin or construction of an acoustical barrier. Such measures will normally be shown on the building and/or grading plans. These plans will be reviewed for each mitigation measure, and each mitigation measure shown on the plans will be noted on the checklist and signed off. ff a mitigation measure is not shown, the plans will be sent back for corrections. Plans will not be approved until each mitigation measure has been incorporated into the project design. After the plans are approved, and before the final inspection of the project, the project proponent will submit proof that each mitigation measure shown on the plans has been installed or incorporated into the construction project. Verification of compliance will then be noted on the monitoring checklist and signed off, thereby completing the process l~or that particular monitoring measure. Ongoing Mitigation Measures (Project Specific) An ongoing mitigation measure is a measure that is associated with a specific development project over a period of time, such as dust control or landscape maintenance. Monitoring of this type of measure will be similar to that described in Section 2.1, except that the status of each mitigation measure will be noted at various times on the checklist, until monitoring is no longer needed. The project proponent may be required to submit periodic reports to the City on the status of this type of mitigation measure. 3. OUTSIDE CONSULTANTS For cases in which compliance with a mitigation measure cannot be verified through the plancheck process or the City's established inspection process, or require specialized expertise, an outside consultant may be hired. The project proponent may hire outside consultants subject to City approval, or the City will do so. Should the City hire consultants, the City will collect a deposit from the project proponent for the consultant services, as described in Section 5 of this plan. 4. OTHER AGENCIES Monitoring mitigation measures requested by other agencies will be the responsibility of the requesting agency. These agencies will be notified of their mitigation measures which have been included as part of project approval. The agencies will then submit a proposed monitoring program to the City. These agencies will inform the City in writing when monitoring is complete. 5. MONITORING PLAN RECORDS 5.1 Processing Fee The City may charge the applicant for the actual cost to the City for monitoring all mitigation measures for a specific development project as described in this program. A deposit may be required by the City to be applied towards this fee. Any unused portion of the deposit will be refunded to the project applicant. 5.2 Consultant Fee The cost associated with services of outside consultants will be paid by the project proponent. A deposit may be required by the City to be applied towards the consultant services. Any unused portion of the deposit will be refunded. 6. MITIGATION MONITORING PLAN AGREEMENT The City may require a separate agreement from the project applicant specifying the project applicant's fiscal responsibility for the monitoring program, including manner of payment, penalties for non-compliance, and financial security arrangements. The project applicant's responsibilities for monitoring and reporting on the status of implementation of specific mitigation measures will also be included in this agreement, as will any other pertinent issues identified by the City. 7. SANCTIONS FOR NON-COMPLIANCE In order to achieve full compliance with this monitoring program, all mitigation measures contained in this program shall be implemented. The City has the authority to apply sanctions or penalties to an applicant for non-compliance with these measures. Sanctions and penalties may include, but not be limited to, withhold building permit or certificate of occupancy, stop work orders, or fines. Sanctions shall be enforced until the applicant has provided evidence showing compliance with the City. MITIG1 3N MONITORING PROGRAM CI~, KLIST FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT CEQA Action: Environmental Impact Report #318 Project Description: Redevelopment Plan for approximately 895-acre area, which includes residential, commercial, and industrial development Owner/Applicant: City of Anaheim Redevelopment Agency Project Location: The Project Area consists of two noncontiguous areas within in the City of Anaheim. The areas are separated by the Project Alpha Redevelopment Project Area. The North Central Industrial Subarea is located along the Riverside Freeway between Harbor Boulevard and East Stm, et/Raymond Avenue, directly adjacent to the City of Fullerton. The southern portion of the Project Area, referred to as the South Anaheim Boulevard Subarea, is located along Anaheim Boulevard and the Santa Ana Freeway from Broadway on the north to Orange Avenue on the south. City Actions: Certification of EIR Resolution No.: File No.: MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion AIR QUALITY Ongoing during construction 1. Individual development projects will be required to Traffic Engineering Department; implement mitigation measures listed in Tables II-2 to I1-4 Mitigation Monitoring Coordinator on pages II-13 to II-16 in the 1993 SCAQMD CEQA Handl~ook to mitigate construction impacts. Ongoing during construction 2. Mitigation measures for mobile and stationary sources Traffic Engineering Department; and operation of individual from the SCAQMD CEQA }landbook will be Mitigation Monitoring Coordinator; projects implemented for the project. Planning Department Ongoing as long as rulemaking 3. The Agency will monitor the progress of rulemaking Redevelopment Agency is in effect regarding toxic air emissions by the South Coast Air Quality Management District to ensure that adequate standards are established and that abatement of toxic emissions in the Project Area proceeds in accordance with the standards. EXHIBIT B ~ MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion DRAINAGE Prior to approval of subdivision 1. All new development and/or development projects within Public Works map or issuance of building the Project Area shall participate in lhe City's Master Plan permit of Storm Drains and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future storm drainage system deficiencies. a. If the specific project development proposed does not increase or redirect current or historic storm water quantities/flows, lhen the project's responsibility shall be liralied to p~ulicipafing in the Infrastructure Improvement (Fee) Program to provide storm drainage facilities in 10-year and 25-year storm frequencies and to protect properties/structures for a 100-year storm frequency. 2 EXHIBIT B ~- MITIGATION MONITORING PLAN 'FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion DRAINAGE (cont.) Prior to approval of subdivision b. If the specific project development/redevelopment Public Works map or issuance of building proposed increases or redirects the current or historic permit storm water quantity/flow, then the project shall be required to guarantee mitigation of the impact prior to approval of a final subdivision map or issuance of a building permit pursuant to the improvements identified in the Master Plan of Drainage for the area. The project shall be required to install the storm drainage facilities as recommended by the Master Plan of Drainage to provide storm drainage facilities for 10-year and 25-year storm frequencies and to protect properties./stmctures for a 100-year storm frequency prior to acceptance for maintenance of public improvements by the City or occupancy of any building/structure. Additionally, the project shall participate in the Infrastructure Improvement (Fee) t¥ogram as determined by the City Engineer which would include fees, credits, or reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted to the City Engineer for review and approval and shall EXHIBIT B { MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion DRAINAGE (cont'd.) contain, as a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and (4) construction estimates. The following mitigation measure applies to the North Central Subarea: 2. The City of Anaheim will undertake the following studies: a. An overview of t.he upstream and downstream drainage basins sufficient to determine main flows and sizes involving drainage maps DD-16 and 28 will be prepared. b. A detailed analysis of the areas within the corridor studied involving portions of drainage maps DD-15 and 16 will be prepared. 4 EXHIBIT B { ' MITIGATION MONITORING PEAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion NOISE Ongoing during construction 1. To the extent feasible, construction activities expected Public Works to last two weeks or more will be screened from adjacent noise-sensitive land uses with a solid ban-ier. 2. All construction equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit, school, or other noise-sensitive land uses shall be equipped with properly operating and maintained muffler exhaust systems. 3. Stockpiling anrl vehicle staging areas shall be located as far as possible from sensitive uses to prevent noise impacts. 4. Construction routes will be established where necessary and practical to prevent noise impacts on sensitive receptors. 5. Construction activities will be limited to the hours between 7:00 a.m. and 6:00 p.m. Monday through Friday, and between 7:00 a.m. and 5:00 p.m. on Saturdays. Construction activities will not be permitted on Sundays and legal holidays. 5 EXHIBIT B MITIGATION MONITORING PLAN 'FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion NOISE (cont'd.) 6. A representative of the Redevelopment Agency shall Redevelopment Agency; Mitigation meet with school representatives for any project Monitoring Coordinator involving direct Agency assistance located within 1/4 mile of a school site to develop project specific mitigation measures, as appropriate. The purpose of these meetings will be to develop additional mitigation measures, if necessary, to minimize impacts of construction on schools. These measures may include rerouting of construction-related vehicles, restrictions of construction activities by time of day, use of muffiin~ devices on construction equipment and/or other measures. Measures will be implemented throogh the Agency's permit approval process. EXHIBIT B { MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion L1GHT AND GLARE Necessary design features shall 1. Exterior lighting for each project adjacent to light Redevelopment Agency; Planning be approved prior to project sensitive uses shall have fixtures that are shielded Department approval. Individual projects and/or directed away from neighboring sites to will be reviewed again prior to eliminate spillover onto neighboring sites; issuance of occupancy permit. 2. Building materials shall be non-reflective; 3. Where residential properties are affected by non- residential development in the Project A~ea, the non- residential dev$topment shall provide a landscape buffer sufficient to shield the residences from significant light and glare effects; and 4. Where residential properties are affected by adjacent non-residential development, the architectural, landscape and site plans of the non-residential development shall be prepared to minimize visual impacts to the adjacent residences. EXHIBIT B ~ MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion RISK OF UPSET/ HUMAN HEALTH Public Works Prior to construction 1. For those sites with known underground tank leakage, or additional sites where contamination may exist, a complete soils test and analysis shall be performed prior to development. This shall include completion of a Records Search-Request for Information with the Anaheim F'rre Department. If the results of the soils test indicate the presence of contm'nination, appropriate remediation will be identified and implemented. No development shall be allowed on the site until the applicant has submi~tted evidence of complete remediation to the City. 8 EXHIBIT B MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion TRANSPORTATION/ CIRCULATION Ongoing with new development 1. The following mitigation measures apply to the project Public Works; Redevelopment under the General Plan development scenario: Agency; City of Fullerton 1.1 Intersection Improvements: (89) Add second south bound lane on Harbor and SR-91 EB Ramps (109) Add second north bound lane, second west bound lane and east I~und right turn lane at Lemon and Orangethorpe (111) Add second south bound lane and shared second west bound lane/second west bound right turn lane at Lemon and Commonwealth (113) Add second east bound lane at Lemon and La Palma (133) Add north bound right turn lane at Raymond and Orangethorpe (149) Add north bound right turn lane at State College and Orangethorpe ( ) lntersectio~l number used in traffic study 1.2. The project will be required to contribute on a "fair share" basis to the Implementation of "master plan" improvements to intersections listed in Table 18 of the Final EIR. EXHIBIT B MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion TRANSPORTATION/ 1.3. The project will participate and contribute on a "fair CIRCULATION (cont.) share" basis to the identification and implementation of circulation improvements that will address projected deficiencies in the following study area: Fullerton North-South Arterial System, specifically: Euclid and Orangethorpe; Harbor and Chapman; Harbor and Commonwealth; and Harbor and Orangethorpe 2. The following mitigation measures apply to the project under the Alternate Use development scenario: 2.1 Intersection Improvements: (90) Add west bound right turn lane at Harbor and Romneya (113) Add second east bound lane, convert shared second south bound lefi/south bound through to second south bound left, and add shared third south bound left/south bound through at Lemon and La Palma (133)Add north bound right turn lane at Raymond and Orangethorpe (149)Add north bound right turn lane at State College and Orangethorpe ( ) Intersection number used in ~raffic study 10 EXHIBIT B MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion TRANSPORTATION/ 2.2. The project will be required to contribute on a "fair CIRCULATION (cont.) share" basis to the implementation of "master plan" improvements to intersections listed in Table 19 of the Final EIR. 2.3. The project will participate and contribute on a fgtr share basis to the identification and implementation of circulation improvements that will address projected deficiencies in the following study areas: Fullerton North-South ,sLrter/al System at the following intersections: Euclid and Orangethorpe Harbor and Chapman Harbor and Commonwealth Harbor and Orangethorpe Lemon and Chapman Lemon and Commonwealth Lemon and Orangethorpe The SR-91 Freeway access at the following intersections: Harbor and SR-91 east bound ramps Lemon and SR-91 west bound ramps Lemon and Commercial SR-91 east bound ramps and Commercial 11 EXHIBIT B MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion TRANSPORTATION/ The Redevelopment Agency will monitor the progress of Redevelopment Agency, Public CIRCULATION (cont.) implementation of master planned improvements assumed to Works be available to provide traffic improvements as outlined in the Every 5 years or prior to traffic analysis. This monitoring will consist of the following: construction of major development projects (1) 5-Year Traffic Impact Review. Every five years, or whenever an individual development project of greater than 500,000 square feet is proposed, the Agency will conduct a comprehensive analysis of the anticipated traffic impacts of remaining development in the Project Area and the contribution of ihe Project to cumulative effects on the local transportation system. This review will include a review and updating of the list of master planned improvements to determine whether each improvemeat should be included as an assumed improvement in long- term impact analysis based on the likelihood of the completion of that improvement over the development period in the analysis. (Such analysis need not be conducted if a recent Citywide or project-specific analysis has been conducted which provides the Agency with equivalent information.) 12 EXHIBIT B MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion TRANSPORTATION/ (2) Major Project Traffic Review. For each project of greater Redevelopment Agency, Public CIRCULATION (cont.) than 200,000 square feet (or any other project determined Works by the Agency to be likely to have project-specific traffic Prior to consauction of major impacts requiring project-level mitigation), the Agency development projects. will require or will prepare a traffic analysis of the specific impacts of that project. To the extent that satisfactory intersection performance at intersections significantly effected by the project depends on master planned improvements which have not yet been constructed, the City will require: a. That such improvements be constructed prior to project occupancy, or b. That the project contribute to the construction of such improvements and such improvements are to be consaucted within 5 years of project occupancy, or c. The project adopt project-specific mitigation measures to reduce or offset project impacts sufficiently to reduce the project-specific significant effect on that intersection to a less-than-significant level. d. The City will make a good-faith effort including commitment of a fair share of project funding to ensure ~hat needed feasible master planned improvements in other jurisdictions are completed within a reasonable time after project completion. 13 EXHIBIT B ( MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion PUBLIC SERVICES (Schools) Ongoing throughout life of 1. To the extent that the Project can be demonstrated to Redevelopment Agency; school Redevelopment Plan result in a fiscal detriment to the districts, the Agency willdis~cts (Determined within 60 days of attempt to offset that fiscal detriment by measures plan adoption) permitted by law, which may include a pass-through of project tax increment revenues, assistance with site acquisition or facility construction, loans or grants for construction or rehabilitation, or other measures which may be identified. , PUBLIC SERVICES 1. At the time major projects are proposed in areas north of Anaheim Fire Department, Fullerton (Fire Protection) the California Route 91 Freeway, the City of Anaheim Fire Department will cooperate with the City of Fullerton in review of project design, fire suppression, and water supply and pressure. The City will review the specifics of the mutual aid agreement with the City of Fullerton relating to fire protection to determine if changes to that agreement are wa~anted by the unique aspects of the particular project. 14 EXHIBIT B ( MITIGATION MONITORING PLAN 'FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion WATER Prior to construction, ongoing 1. All new development and substantial rehabilitation shall Public Utilities Department; during operation be designed with landscaping according to Ordinance No. Planning Department 5349 of the City of Anaheim Chapter 10.19 of the Anaheim Municipal Code relating to Landscape Water Efficiency. The purpose is to promote efficient water use through landscape design appropriate to Anaheim's climate zone. WATER (cont.) 2. Irrigation systems that minimize runoff and evaporation and maximize water availability to plant roots shall be required in all new developments. and substantial rehabilitations. Enipline irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency. 3. The water distribution system will be upgraded as described in Table 3, Public Improvements, as needed to support future development in the Project Area. 4. At the time of individual project development, any deficiencies in the local infrastructure will be upgraded as necessary, to be determined by the City of AnaheIm Public Utilities Department. 15 EXHIBIT B MITIGATION MONITORING PLAN FOR COMMERCIAL/LNDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion SEWER Continuing with new 1. Prior to issuance of building permits, all new development Public Works development and/or redevelopment projects within the Project Area shall participate in the City's Master Plan of Sewers and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future sanitary sewer system deficiencies. a. If the specific l~roject development/redevelopment proposed does not increase sewer flows, change points of discharge, or discharges into a sewer system that is currently deficient or will become deficient because of that discharge(s), then the project's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program. b. If the specific project development/redevelopment proposed discharges into a sewer system that is currently deficient or will become deficient because of that discharge, ',hen the project shall be required to guarantee mitigation of the impact prior to approval of a 16 FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MON/TORING PLAN Timing Measure Responsible Agency to Monitor Completion SEWER (cont.) final subdivision map or issuance of a building permit pursuant to the improvements identified in the Master Plan of Sewers. The project shall be required to install the sanitary sewer facilities as recommended by the Master Plan of Sewers prior to acceptance for maintenance of public improvements by the City or occupancy of any building/structure. Additionally, the project shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which could include fees, credits, or reimbursementS, or a combination thereof. As part of guaranteeing the mitigation of impacts on the sunigary sewer system, a sanitary sewer system improvement phasing plan for lhe project shall be submitted to the City Engineer for review and approval and shall contain, as a minimum, (1) a layout of the complete system; (2) all facility sizes, incieding support calculations; (3) construction phasing; and (4) construction estimates. 17 EXHIBIT B MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion SEWER (cont.) The following mitigation measures apply to the North Central Subarea: 2. The City of Anaheim will undertake the following studies: City of Anaheim Public Works Department; C~ty of Fullerton Public a. All on-site sewer lines in the area served by the City Works Department of Fullerton will be connected to the City of Fullerton sewer system. An aitemative of connecting to a City of Anaheim sewer line was examined, but the distance to reach an existing City manhole was not economical for this project. An overview of the upstream and downstream sewer basins sufficient to determine the rratin flows and sizes involving sewer maps S-68, 69, 79, and 80 will be prepared. b. A detailed analysis of the areas within the corridor studied involving portions of sewer maps S-68, 69, 79, and 80 will be prepared. c. An overview of the upstream and downstream drainage basins sufficient to determine main flows and sizes involving drainage maps DD-16 and 28 will be prepared. 18 EXHIBIT B MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion SEWER (cont.) d. A detailed analysis of the areas within the con'idor studied involving portions of drainage maps DD-15 and 16 will be prepared. 3. The City of Fullerton will review the capacity of its City of Fullerton Public Works sewers as applications are submitted for projects in the Department; City of Anaheim Public North Central Subarea served by Fullerton's sewers and Works Departmont will develop project-specific mitigation measures to address existing and projected deficiencies in the City of Fullerton's sewer lines. ELECTRICITY 1. The installation of Thermal Energy Storage systems for Public Utilities Department; space cooling are encouraged, where appropriate, that Planning Department would move load from the on-peak to the off-peak peried. 2. The installation of residentia/ Air Conditioning Cycling Devices are encouraged as a peak-shaving program that is under the control of the load schedulers. The control device cycles off customers' central air conditioners during summer peak-demand periods. 3. Interraptible Load Service is recommended to reduce load at times of expected system peak demand. The interrupted load is expected to be shifted to the mid- or off-peak periods. The program is medeled as a combination of a peak shaving and a load building program. The Department has agreed to ~buy~ the reduction in peak demand by paying the customer for what is utilized only at the times of peak demand. 19 (i~ EXHIBIT B . ( MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion ELECTRICITY (cont'd.) 4. Commercial lighting improvements are recommended and include the use of high efficiency fluorescent bulbs and ballasts, reflectors, delamping where appropriate, occupancy sensors, and controls that adjust for the amount of daylight available. Both energy consumption and capacity requirements are reduced by encouraging more efficient lighting installations. 5. The installation of high efficiency air conditioning models are encouraged to reduce energy consumption and daily peak demand for erich day there is an air conditioning load. AESTHETICS Ongoing prior 1o construction 1. A setaside for the arts shall be negotiated on a Redevelopment Agency project-by-project basis for projects involving direct Agency assistance implemented through an Owner Participation Agreement or a Disposition and Development Agreement. 20 EXHIBIT B MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion CULTURAL AND ARCHAEOLOGICAL RESOURCES Ongoing during construction The following mitigation measures shall apply to development Redevelopment Agency; and development on properties that are greater than 10,000 square feet in site Planning Department 1. Development will avoid damaging effecls on archeological resources whenever feasible. Should such resources be discovered and avoidance prove not feasible, the importance of the site shall be evaluated by a qualified archaeologist. Mitigation measures included in Appendix K of the California Environmental Quality Act (CEQA) Guidelines shall be incorporated into the project. In general, these guidelines require the following: o Preservation of sites in place as the preferred manner of avoiding damage to historic and prehistoric and archaeological resources. o Development and implementation of an excavation plan for sites that cannot be preserved. 21 EXHIBIT B MITIGATION MONITORING PLAN FOR COMMERCIAl/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORLNG PLAN Timing Measure Responsible Agency to Monitor Completion CULTURAL AND o Stopping of excavation in the event of discovery of ARCHAEOLOGICAL human remains until the coroner has determiued ~at RESOURCES (cont.) no investigation of the cause of death is required; or, if the remains are of Native American origin, until descendants have made a recommendation to the property owner regarding proper disposal of the remains, or until descendants have failed to make a recommendation within 24 hours of notification. If no recommendation is received, remains shall be feinterred with appropriate dignity on the property in a location not s,abject to future development. 2. It' future development involves removal of any structure that is more than 50 years ol& Agency staff will consult the Historic Building Survey to determine if the structure was included in the survey. If the structure is included in the survey as listed, or eligible for listing on the National Register of Historic Places, and is still eligible for listing on the National Register, the stxucture shall be retained, or, if demolished, the following measure will be required before demolition: 22 EXHIBIT B MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion CULTURAL AND ARCHAEOLOGICAL RESOURCES (cont.) A Historic American Building Survey (HABS) will be undertaken according to guidelines established by the Cultural Resources Program of the United States Department of the Interior. As part of the survey, a complete photo-documentation of the structure and site will be completed before any demolition activities begin. The following mitigation measure applies to the entire Project Area: 3. The Agency will conduct or will conUact for a historic resources survey of the Project Area. The survey will be completed not more than five years after adoption of the Redevelopment Plan for the Project Area by the Anaheim Redevelopment Agency. If significant historic resources are found by this survey, the Agency will develop a plan and program for the preservation and enhancement of these resources ;o the extent that such preservation and enhancement can be accomplished without substantial interference with the objective of removing blight from the Project Area. 23 EXHIBIT B { MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion CULTURAL AND ARCHAEOLOGICAL RESOURCES (cont.) The historic resources survey will be conducted by people determined by the City's Planning Department to be qualified to conduct such surveys. If the detailed historic resources survey has not begun one year from adoption of the Redevelopment Plan by the Anaheim Redevelopment Agency, a reconnaissance survey of the Project Area should be conducted to allow the City and the Agency to determine more efficiently where historic analysis of individual structures will be required. This reconnaissance survey should include a windshield survey of the project urea to identify all buildings constructed prior to 1942, and to make special note of structures that may be of special architectural or historic interest because of their quality, craftsmanship, or the existence of a group of structures that may constitute a historic district. This survey can be used as a screening device to determine where ad~tional study would be required for individual projects. This survey will be conducted by qualified historic preservation professionals. 24 EXHIBIT B MITIGATION MONITORING PLAN FOR COMMERCIAL/INDUSTRIAL REDEVELOPMENT PROJECT (contAnued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion CULTURAL AND ARCHAEOLOGICAL RESOURCES (cont.) The detailed historic resources survey will include (1) a comprehensive survey and documentation of the pre-1942 buildings in the Project Area, (2) a rating of buildings by their significance, including a determination of eligibility for listing on the National Register of Historic Places, and (3) a historic preservation strategy for buildings found to be significant. Documentation of the survey will include (1) a discussion of the method used in the survey and the method for rating historic significance, (2) a parcel map indicating the location of each pre-1942 building and its rating for historic significance, (3) an identification of buildings or dislricts considered eligible for listing on the National Register of Historic Places, (4) a discussion of the history of the development of the project area, and the historic and architectural significance of those buildings and/or districts found to be historically significant, 25 EXHIBIT B MITIGATION MONITOREgG PLAN 'FOR COMMERCIAIdINDUSTRIAL REDEVELOPMENT PROJECT (continued) MITIGATION MONITORING PLAN Timing Measure Responsible Agency to Monitor Completion CULTURAL AND ARCHAEOLOGICAL RESOURCES (cont.) (5) photographs of those buildings and/or districts found to be the most significant historically and architecturally, (6) a discussion of the overall strategy for preservation of those buildings considered historically or architecturally significant. Once the historic survey is completed, individual structures foun~ to be significant in the survey which are to be rehabilitated, relocated or demolished by project activities may require special project-level studies and development of mitigation measures in accordance with procedures adopted as a result of the recommendations of the survey and plan. POPULATION/HOUSING Annually Monitor on an annual basis housing developed in the Anaheim Redevelopment Agency City and new employment in the City to determine the citywide trends in jobs/housing balance. To the extent that these trends conflict with regional and subregional objectives, City growth management objectives and local air pollution objectives, work with the Planning Department to identify ways to provide jobs/housing balance in accord with these objectives. 26