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Resolution-PC 2010-078RESOLUTION NO. PC2010 -078 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION RECOMMENDING THAT THE ANAHEIM CITY COUNCIL CERTIFY FINAL ENVIRONMENTAL IMPACT REPORT NO. 2010 -00343 FOR THE ANAHEIM REGIONAL TRANSPORTATION INTERMODAL CENTER (ARTIC). WHEREAS. the City of Anaheim ( "City "), in partnership with the Orange County Transportation Authority ( "OCTA "), is proposing to relocate the existing Metrolink/Amtrak station from the current location south of Katella Avenue and west of State Route (SR) 57. The new station, known as the Anaheim Regional Transportation Intermodal Center ( "ARTIC "), will be located south of Katella Avenue, east of SR 57 and Douglass Road, and west of the Santa Ana River. The new location will be approximately one quarter (0.25) mile east along the existing OCTA railroad right -of -way (ROW). The OCTA railroad ROW is part of the Los Angeles to San Diego (LOSSAN) Corridor; and WHEREAS, ARTIC is proposed to include about 16 acres owned by OCTA and the City. There are anticipated improvements to approximately 2 acres of OCTA and City ROW and less than an acre of California Department of Transportation (Caltrans) ROW between the Santa Ana River and Katella Avenue. The total project area is approximately 19 acres including the roads and ROW. The 405 parking spaces at the existing Anaheim Metrolink/Amtrak Station are not a part of the project construction site as no improvements are anticipated but will continue to be utilized as parking for the project. ARTIC includes the development of an Intermodal Terminal, Public Plaza/Drop -Off Area, the Stadium Pavilion, the Tracks /Platforms, Douglass Road Improvements, Katella Avenue improvements, and Surface Parking /Access. In addition to the surface access points, improvements envisioned for ARTIC include a pedestrian bridge to be constructed over Katella Avenue connecting the project site and the Honda Center, and a trail easement, adjacent to the Santa Ana River Trail along the east side of ARTIC between the railroad ROW and Katella Avenue. The ARTIC Intermodal Terminal is envisioned to include space up to 310,000 square feet, Platforms up to 86,000 square feet, and a Stadium Pavilion up to 12,000 square feet. For the purpose of the Draft EIR these are the maximum sizes and the impacts are the "worst case ". The construction analysis is based on the worst case scenario of a 26 -month construction period. The size and timing of construction will depend on available funding; and WHEREAS, the City is the lead agency for the preparation and consideration of environmental documents for the ARTIC project, as defined in the California Environmental Quality Act of 1970, as amended ("CEQA ") and the State of California Guidelines for Implementation of the California Environmental Quality Act ( "CEQA Guidelines "); and WHEREAS, the City submitted a Notice of Preparation ( "NOP ") for preparation of an Environmental Impact Report ( "EIR ") for ARTIC on February 4, 2010 for a 30 -day review. The scoping period identified in the NOP was from February 4, 2010 until March 8, 2010; and -1- PC2010 -078 WHEREAS, interested parties were invited to attend a public scoping meeting held on February 24, 2010, in the Anaheim West Tower, Gordon Hoyt Conference Center, 201 South Anaheim Boulevard, Anaheim, California 92805. The purpose of the scoping meeting was to provide members of the public with an opportunity to learn about the project, ask questions, and provide comments about the scope and content of the information addressed in the EIR; and WHEREAS, on July 19, 2010, the Draft EIR (EIR2010- 00343) was sent to the State Clearinghouse, State and local agencies, special districts, public libraries and other known interested parties, and was made available to the general public, thereby commencing a 45 -day period, from July 19, 2010 until September 3, 2010, for public review and comment on the Draft EIR in accordance with the requirements of CEQA and the CEQA Guidelines; and WHEREAS, the City has evaluated the comments received from the public agencies and persons who reviewed said Draft EIR and has prepared, or caused to be prepared, responses to the comments received during the public review period; and WHEREAS, in conformance with Sections 15132 and 15362(b) of the CEQA Guidelines, the Final EIR shall consist of the Draft EIR; comments and recommendations received on the Draft EIR either verbatim or in summary; a list of persons, organizations and public agencies that submitted comments on the Draft EIR; and the responses of the City, as Lead Agency, to significant points raised in the review and consultation process; and the Mitigation Monitoring Plan prepared for the ARTIC project; and WHEREAS, on September 13, 2010, the Anaheim City Planning Commission (hereinafter referred to as "Planning Commission ") did hold a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against EIR2010 -0343 and to investigate and make findings in connection therewith; and WHEREAS, at said public hearing, the Planning Commission did receive evidence and reports, including all written and verbal comments received during the 45 -day public review period, concerning the contents and sufficiency of the Draft EIR; and WHEREAS, to the extent authorized by law, the City desires and intends to use said Final EIR as the environmental documentation required by CEQA and the CEQA Guidelines for the ARTIC project; and WHEREAS, the Planning Commission, based on the information and evidence received concerning EIR2010- 00343, does hereby find and determine as follows: That EIR2010 -00343 has been presented to and independently reviewed and considered by the Planning Commission; That EIR2010 -00343 reflects the independent judgment and analysis of the Planning Commission; and -2- PC201 0 -078 That EIR2010 -00343 has been processed and completed in compliance with the requirements of CEQA, and all applicable CEQA Guidelines. WHEREAS, the Planning Commission, based on the information and evidence received concerning EIR2010- 00343, does further find and determine that changes or alterations have been required in, or incorporated into, the project or feasible mitigation measures have been identified that avoid or substantially lessen the significant effects on the environment; or changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency, as follows: Transportation and Traffic. Projected traffic impacts can be avoided or substantially lessened to a level less than significant through the implementation of the Mitigation Measures identified in Table ES- 1(Summary of Impacts and Mitigation Measures), pages ES -8 through ES -11, Mitigation Measures TT-1 through TT-17; Subsection 3.2.9, Mitigation Measures TT-1 through TT- 17; and Section 14 of Appendix B (Traffic Impact Analysis Report (ARTIC) Anaheim, California, July 16, 2010) of the Draft EIR. With completion of the improvements described in the mitigation, the significant impacts associated with ARTIC would be fully mitigated with the exception of the intersections identified impacts located outside of Anaheim and the improvements to State highway facilities. However, 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., 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. Should that occur, the Project's traffic impact would remain significant. The City is committed to working with Caltrans to identify the most appropriate improvement strategies for their facilities and acknowledges the fair - share cost of improvements to those facilities, however, Caltrans has full jurisdiction toward implementing the identified improvements. This, notwithstanding the fact that the City is imposing feasible mitigation measures in the form of collecting fair share fees for impacted state facilities, because the City does not control the State facilities, it cannot assure that the mitigation measures will mitigate the identified with project impacts to less than significant levels. Air Quality. Existing or projected air quality impacts can be avoided or substantially lessened to a level less than significant through the implementation of the Mitigation Measures identified in Table ES- 1(Summary of Impacts and Mitigation Measures), pages ES -11 and ES -12, Mitigation Measures AQ -1 through AQ -5; Subsection 3.3.8, Mitigation Measures AQ -1 through AQ -5; and Section 8 of Appendix C (Air Quality Impact Assessment for the proposed Anaheim Regional Transportation Intermodal Center (ARTIC) Anaheim, California) of the Draft EIR. The mitigation measures identified above will reduce potential impacts associated with air quality to a level that is less than significant. Noise. Projected noise impacts can be avoided or substantially lessened to a level Iess than significant through the implementation of the Mitigation Measures identified in Table ES -1 (Summary of Impacts and Mitigation Measures), page ES -13, Mitigation Measures N -1 through N -3; Subsection 3.4.8, Mitigation Measures N -1 through N -3; and Section 7 of Appendix D (Noise Technical Report Anaheim Regional Transportation Intermodal Center (ARTIC) Anaheim, California) of the Draft EIR. The mitigation measures identified above will reduce potential impacts associated with noise to a level that is less than significant. -3- PC2010 -078 Hazards and Hazardous Materials. Projected hazards and hazardous materials impacts can be avoided or substantially lessened to a level less than significant through the implementation of the Mitigation Measures identified in Table ES -1 (Summary of Impacts and Mitigation Measures), page ES -14, Mitigation Measure HHM -1; and Subsection 3.7.8, Mitigation Measure HHM -1 of the Draft EIR. The mitigation measure identified above will reduce potential impacts associated with hazards and hazardous materials to a level that is less than significant. Cultural Resources. Projected impacts to cultural or historical resources can be avoided or substantially lessened to a level less than significant through the implementation of the Mitigation Measures identified in Table ES -1 (Summary of Impacts and Mitigation Measures), pages ES -14 through ES -17, Mitigation Measures CR -1 through CR -3; and Subsection 3.10.8, Mitigation Measures CR -1 through CR -3`of the Draft EIR. The mitigation measures identified above will reduce potential impacts associated with cultural resources to a level that is less than significant. Biolovical Resources. Projected impacts to biological resources can be avoided or substantially lessened to a level less than significant through the implementation of the Mitigation Measures identified in Table ES -1 (Summary of Impacts and Mitigation Measures), pages ES -17 and ES -1.8, Mitigation Measure BR -1; and Subsection 3.11.8, Mitigation Measure BR -1 of the Draft EIR. The mitigation measures identified above will reduce potential impacts associated with biological resources to a level that is less than significant. Hvdroloav and Water Quality. The RWQCB regulations to control the discharge of construction related pollutants will be met through the development and implementation of a Stormwater Pollution Prevention Plan ( SWPPP). The SWPPP will be in compliance with the current General Construction Stormwater Permit and will be implemented to control sediment erosion and other construction related pollutants. Permanent BMPs addressing potential and anticipated pollutants during project operation will be identified in the WQMP. ARTIC will receive its water from municipal supply and will not exceed existing or projected water uses presented in the Platinum Triangle WSA and the City's 2005 UWMP. ARTIC will not substantially deplete groundwater supplies or interfere substantially with groundwater resources. ARTIC components will not create an additional surface that could change the existing drainage area. ARTIC will be designed to direct local drainage into the existing storm drainage system with discharge to the Santa Ana River. With the WQMP and planned BMPs in place, the construction and operation of ARTIC will not create or contribute runoff water which will exceed the capacity of existing or planned drainage systems or provide substantial additional sources of polluted runoff. With the proposed mitigation, ARTIC will have a less than significant impact on hydrology and water quality. WHEREAS, the Planning Commission, based on the information and evidence received concerning EIR2010- 00343, does further find and determine that the ARTIC project will have no or less than significant environmental impacts in the following issue areas: Land Use and Planninv. ARTIC is located in an area of the City known as the Platinum Triangle. The properties that surround ARTIC are primarily designated as mixed use, which accommodates a variety of uses (Figure 3.1 -5 provides an overview of land uses within and adjacent to ARTIC). The evaluation of potential environmental consequences associated with land use reveals consistency with existing and future land uses at ARTIC. City and local land use plans anticipate and support ARTIC. ARTIC will be compatible with planned land uses and is consistent with the City's -4- PC2010 -078 policies and regulations concerning land use, zoning ordinances, and codes. No impacts are anticipated for this issue area. Geoloav and Soils. No known active faults are mapped crossing ARTIC, and ARTIC is not located within a California Alquist -Priolo Earthquake Fault Zone (Bryant and Hart, 2007). Because of the low annual precipitation, limited presence of clay soils, and relatively level topography, and implementation of BMPs, the ARTIC project is at a low risk overall for landslides, and impacts will be less than significant for soil erosion. ARTIC elements including track, bridges, and structures will be designed in accordance with appropriate industry standards, including established engineering and construction practices and methods per the CBC, the National Engineering Handbook, current American Railway Engineering and Maintenance -of -Way Association (AREMA) guidance documents. and existing SCRRA standards. ARTIC will have a less than significant impact associated with geology and soils. No significant impacts were identified. Utilities and Service Systems. ARTIC is expected to create approximately 71,600 gallons per day of wastewater. This represents approximately 0.02 percent of the current available combined capacity of 348 mgd between Plants 1 and 2 for the City. This is considered a negligible increase in wastewater flow going into the existing treatment facilities. ARTIC will include wastewater reduction strategies, such as water recycling, within its design goals that will further reduce wastewater created on -site. The existing 8 -inch sewer line at Douglass Road, south of Katella Avenue, that currently serves the Industrial property and Ayers Hotel will remain and will not be disturbed by ARTIC. A new 18-inch sanitary line will be installed to serve ARTIC and will connect with the existing OCSD sanitary line at Katella Avenue. Other than the installation of a new 16 -inch water transmission main in Douglass Road, ARTIC will not require or result in the construction of new water facilities or expansion of existing facilities because the projected use of the volume of water at ARTIC will not exceed existing or projected water uses presented in the Platinum Triangle Water Supply Assessment (WSA) and the City's 2005 UWMP. The project site is covered with impervious surfaces and the rate or volume of stormwater generated by ARTIC will not be greater than the existing conditions. The WSA for the expansion of the Platinum Triangle has found that there will be sufficient water supply to provide water to ARTIC and the rest of the Platinum Triangle. ARTIC will comply with all federal, state and local statutes and regulations related to solid waste. Due to the availability of natural gas and the limited impact to supply that ARTIC is anticipated to have, ARTIC will not result in the need for new systems, supplies, or alterations of current systems related to natural gas. ARTIC will not result in the need for new systems, supplies, or alterations of current systems related to cable /telephone. ARTIC will have a less than significant impact associated with utilities and service systems. No significant impacts were identified (see Geotechnical Feasibility Study Proposed ARTIC Phase 1 Project Anaheim, California, dated October 23, 2009). Aesthetics. ARTIC will be built adjacent to the west side of the Santa Ana River and Trail. ARTIC will not obstruct the view of the Santa Ana River from the Trail and will not block views of other scenic resources from the Trail. ARTIC is located to the east of the Avalon Anaheim Stadium condominiums and will not impact views of the San Bernardino Mountain range to the north. The Stadium Pavilion will be located west of SR -57. The structure will be lower in height than SR -57 and built along the existing rail line. Views of the Santiago Hills from the complex will not be significantly impacted by ARTIC. ARTIC will not obstruct views of scenic resources from the City of Orange. ARTIC is planned to be consistent with the planned architecture and landscape environment envisioned for the Platinum Triangle. Though ARTIC will change the visual character of the area, it -5- PC2010 -078 will be a well- landscaped facility that will be an aesthetic improvement from the existing visual character and quality of the site and its surroundings. The pedestrian bridge connecting the site to the Honda Center over Katella Avenue will also be consistent with the planned architecture envisioned for the Platinum Triangle. It too will contribute to the enhancement of aesthetic quality and overall visual character of the site vicinity. Light, glare, and shadows as a result of ARTIC will be consistent with existing sources in the area and will not significantly impact day or nighttime views in the area. ARTIC will have a less than significant impact on aesthetics. Greenhouse Gas Emissions. GHG emissions for ARTIC are the result of the use of electricity, natural gas combustion, and increased vehicles exhaust. URBEMIS and RCEM were used to quantify the GHG emissions from the operational on -site sources and mobile sources of ARTIC, including the Interniodal Terminal, the emergency generator, and the temporary construction emissions. CO2e was calculated based on the total operational emissions plus construction emissions amortized over 30 years (per SCAQMD guidance). The emissions shown in Table 3.12 -3 demonstrate that ARTIC is below the GHG significance thresholds. The location of ARTIC relative to major event and destination centers within the Platinum Triangle increases availability of current and future mass transit systems to occupants and visitors. The result will be reduced motor vehicle traffic on local roadways and freeways, and a general reduction in motor vehicle travel throughout the region. Since motor vehicle traffic is the primary source of air pollution in the region, reduced traffic will result in lower GHG emissions regionally. ARTIC will have a less than significant impact on GHG. WHEREAS, the Planning Commission, based on the information and evidence received concerning EIR2010- 00343, does further find and determine that the ARTIC project will have no environmental impacts in the following issue areas: Agricultural and Forest Resources; Mineral Resources; Recreation; Public Service; and Population and Housing; and WHEREAS, the Planning Commission, based on the information and evidence received concerning EIR2010- 00343, does further find and determine that EIR2010 -00343 analyzes a reasonable range of project alternatives. The Reduced Building Size alternative would have fewer construction impacts due to reduced grading and excavation activities. Operational impacts as a result of the Reduced Building Size alternative would be comparable to the Proposed Project. This alternative would meet all objectives. Though most No Project alternative impacts on environmental issue areas would be less than the Proposed Project for construction, mitigation measures for the Proposed Project construction and operations would reduce impacts to less than significant levels. Construction impacts associated with the No Project alternative would not be substantially lower than the Proposed Project impacts or the Reduced Building Size alternative with mitigation. With respect to operations, the No Project alternative would have greater impacts to air quality, GHG and transportation and traffic. Table 5.5 -1 presents a comparison between the Reduced Building Size alternative, the No Project alternative, and the Proposed Project alternative. The Proposed Project and the Reduced Building Size alternative would have similar operational environmental impacts and no impacts are significant with incorporation of recommended mitigation measures. The Proposed Project meets all the project objectives where the Reduced Building Size alternative meets some of the objectives and the No Project alternative does not meet the objectives. The No Project alternative has potentially significant air quality, traffic and transportation, and GHG environmental impacts for operations as the demand for parking exceeds the supply; and -6- PC2010 -078 WHEREAS, in addition to EIR2010- 00343, an Environmental Assessment is being prepared for ARTIC as a separate document. The Federal Transit Administration (FTA) is the lead agency for the Environmental Assessment, prepared in accordance with the National Environmental Policy Act (NEPA) and FTA guidelines. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission has reviewed and considered the environmental information contained in EIR2010 -00343 and does hereby recommend that the City Council certify EIR2010- 00343, and determine that said E1R fully complies with CEQA and the CEQA Guidelines, and is adequate to serve as the environmental documentation for the ARTIC project. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 13, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal irocedures. ATTEST: SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, NAHEIM PLANNING COMMISSION I, Eleanor Morris, Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 13, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: FAESSEL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: AGARWAL ABSENT: COMMISSIONERS: AMENT IN WITNESS WHEREOF. I have hereunto set my hand this 13 day of September, 2010. SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC201 0 -078