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ARA1992-28RESOLUTION NO. ARA92-28 RESOLUTION OF THE ANAHEIM REDEVELOPMENT AGENCY CERTIFYING THE COMPLETION OF A FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR DEVELOPMENT OF THE PROPOSED ANAHEIM PLAZA PROJECT, MAKING CERTAIN FINDINGS AND ADOPTING A MITIGATION MONITORING PROGRAM WHEREAS, the Anaheim Redevelopment Agency (the "Agency") is engaged in activities necessary to carry out and implement the Redevelopment Plan for the Plaza Redevelopment Project Area; and WHEREAS, the proposed Anaheim Plaza Project is located within the Plaza Redevelopment Project Area and constitutes an activity implementing the Redevelopment Plan; and WHEREAS, a Final Program Environmental Impact Report certified by the Agency in 1990, addressed the full range of environmental impacts that could result from implementing the Redevelopment Plan within the entire Plaza Redevelopment Project Area, including the Anaheim Plaza Project site; and WHEREAS, a Draft Supplemental Environmental Impact Report was prepared for the Anaheim Plaza Project to address the environmental effects, mitigation measures and project alternatives associated with the proposed Project; and WHEREAS, the Supplemental EIR was prepared pursuant to the requirements of California Environmental Quality Act (hereinafter "CEQA" Public Resources Code §§ 21000 et seq.), the State CEQA Guidelines (California Code of Regulations §§ 15000 et seq. hereinafter "Guidelines") and local procedures adopted by the Agency; and WHEREAS, notic~ to all interested persons and agencies inviting comments on the Draft Supplemental EIR was published in accordance with the provisions of CEQA; and WHEREAS, written comments on the Draft Supplemental EIR were received from the public during the public review period and such comments were responded to through a response to comments document and included in the Final Supplemental EIR; and WHEREAS, the Agency has reviewed all environmental documentation comprising Final Program EIR and the Final Supplemental EIR and has found that all environmental effects of the proposed project have been considered and that the documents are complete and adequate and fully comply with all requirements of CEQA and the Guidelines; and WHEREAS, § 21081 of CEQA and § 15090 of the Guidelines require that the Agency make one or more of the following findings prior to approval of a project for which an EIR has been completed identifying one or more significant effects of the project, along with statements of facts supporting each finding: FINDING 1 - Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the Supplemental EIR. FINDING 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. FINDING 3 - Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the Supplemental EIR; and WHEREAS, the mitigation measures included in the Supplemental EIR and the mitigation monitoring program have been designed to reduce or eliminate the environmental impacts described therein, have been structured according to the criteria in Section 15370 of the CEQA Guidelines, and have been drafted to meet the requirements of Public Resources Code § 21081.6 as monitoring programs; in most cases herein, the drafting approach defines the following for each mitigation measure: · A time for performance - In each case, a time for performance of the mitigation, or review of evidence that mitigation has taken place, is provided. The performance points selected are designed to ensure that impact related components of project implementation do not proceed without establishing that the mitigation is assured; · A responsible party supervising performance - In each case, a City department is named in the mitigation measure as responsible for ensuring that the mitigation is carried out. To guarantee that the mitigation measure will not be inadvertently overlooked in connection with the issuance of a later permit; · Definition of mitigation - In each case, the mitigation measure contains the criteria for mitigation, either in the form of adherence to certain adopted regulations, or identification of the steps to be taken in mitigation; and WHEREAS, ~ 15093(a) of the Guidelines requires the Agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project; and WHEREAS, § 15093(b) requires that, where the decision of the Agency allows the occurrence of significant effects which are identified in the Supplemental EIR but are not mitigated, the Agency must state in writing the reasons to support its action based on the Supplemental EIR or other information in the record; and WHEREAS, the Agency, in order to gauge the full scope of potential environmental impacts, considered alternatives to the project in the Alternatives to the Proposed Project section of the EIR. NOW, THEREFORE, BE IT RESOLVED by the Anaheim Redevelopment Agency as follows: Section 1. The Agency hereby certifies the final Supplemental EIR for the Anaheim Plaza Project as adequate and complete in that it addresses all environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality Act and the Guidelines. Section 2. The Agency adopts the Findings with respect to each environmental effect identified in the EIR and the explanation of its rationale with respect to each such finding set forth in that portion of Exhibit "A" entitled "Environmental Effects and Mitigation Measures." Section 3. The Agency adopts the Findings with respect to alternatives set forth in that portion of Exhibit "A" entitled "Alternatives to the Proposed Project." Section 4. The Agency adopts the Findings with respect to overriding considerations set forth in that portion of Exhibit "A" entitled "Statement of Overriding Considerations." Section 5. The Agency hereby adopts the Mitigation Monitoring and Reporting Program for the Anaheim Plaza Project attached hereto as Exhibit "B" and made a part hereof. Section 6. Pursuant to Section 7.11.4(c) of Fish and Game Code, the Agency hereby finds the project to be de minimus in its effect on the environment. The project is therefore exempt from fees other wise payable under Section 7.11.4(c). Section 7. The Agency Staff is hereby directed to file a Notice of Determination with the Orange County Clerk pursuant to the provisions of Section 21152 of CEQA. APPROVED AND ADOPTED by the Anaheim Redevelopment Agency this 15th day of December, 1992. ATTEST: SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby certify that the foregoing Resolution No. ARA92-28 was passed and adopted at a regular meeting of the Anaheim Redevelopment Agency held on the 15th day of December, 1992, by the following vote of the members thereof: AYES: AGENCY MEMBERS: Feldhaus, Hunter, Pickler and Simpson NOES: AGENCY MEMBERS: Daly ABSENT: AGENCY MEMBERS: None AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency signed said Resolution No. ARA92-28 on the 16th day of December, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 16th day of December, 1992. SECRETARY OF THE ANAHEIM REDEVELOPMENT AGENCY (SEAL) Exhibit A F I ND i NGS ENVIRONMENTAL EFFECTS AND MITIGATION MEASURES Consistent with the requirements of CEQA and the Guidelines, the Supplemental EIR for the Anaheim Plaza Project discusses environmental effects in prop~rt~on to their sev,~rity and probability of occurrence. The Supplemental ~IR identifies certain potentially -~igni£ic~nt adverse environmental effects of the pro}act. Tllese effects' are su~L,~arized below. The Supplements! EIR also identifies mitigation measures which woul~ reduce o$ eliminate certain potential adYerse effects. These mitigation measures are set forth in the document entitled "Mitigation Monitoring for the Anaheim Plaza Project" which ~s incorporated herein this reference. The Agency's determination whe[her or not t~ in¢o~po~at~ such mitigation measures and its rotionale for determination is set forth below. In making these findings, ' the A~ncy has not repeated all of the rationale and databas~ contained in the Supplemental EIR. The Supplem~r%tai EIR is incorporated herein by reference as if set forth [n full her~in. Certain POtential significant environmental impacts on earthA water, population and housing were identified in l:he Initial Mt~dy b,3t were not evaluatsd in th~ .guppl~mmntal ErR. These impacts will be reduced to a less than .~ignificant level by imp]ementatfon of the mitigation measures contained in the Final Program ErR certified for the Plaza R~d~ve].op~lent ProjSct in May 1990. The Anaheim Plaza Project is located within th~ Plaza Redevelopment Area and the mitigation measures which w~re made a part of the Redevelopment Project apply t{] the Anaheim. Plaza Project. In fact, the Mitigation Monitor~nq Program the Anaheim Plaza Project identifies those m~t-~L]at~nn measur~ in the Final Program EIR which have been made conditions of approval for the Anaheim Plaza Project. Certain cumulative environmental impacts resulting from development of the Anaheim Plaza Project together' with other · development within the entire Plaza Redevelopment Project Area have a,lso been identified as significant and unavuidable. '. These 'impacts were evaluated in the Final Program EIR fo~ the Plaza Redevelopment Project and a statement of Overriding . Considerations was adopted by the Agency, as the Lead agency,. for those ~mpacts at the time the Final Program ErR certified in 1990. As to those cumulative environmental · impactS, the previous statement of Overriding Co~lsiderations incorporated hcr~ir~ by this ~egerenc~ arid ad~ptcad by the Agency. Signif~icant £ffects , : ShOrt ~d lun~ t~m lan~uawu impactm may result from construction and operation cf the pro,eot imcludimg no~se, drainage and demand for fire protectiom services.. Construction activity may specifically distu£b nearby residences and school activities. Operation of the project may r~.~u]t ~n n~se and lioht frnn, deliver-y, activities ' which may affect nearby residents. Project lightin§ may intrude on residences at niqht. Mitigation Measures , Each of the mitigation measures listed in the Mitigation: Monitoring Program or the Anaheim Plaza Project under the.' headin{~ of "Land Use" ~ha]l bm incorporatad a.~ of approval for the p~oject and implemented at the time~nd by the appropriate responsible agency as set forth in th~ Mitigation Monitoging Program. E_!gniflcance After Mitigation Incor[~oration of the mitigation measures as conditions o~ al~proval for the project may mitigate or avoid the s~gnificant land use impact~ identified in t~e Supplemental EIR. AIR QU~L ITY _~._iqni ~ cant Effect5 , Temporary air qualit~ impacts will result f~om project construction activities. These impacts include air pollutants emitted by construction equipmen't and dust ' generated by .~uch activities. The primar.v soijrc~., o[ long-term air contaminants associated with the proposed pro~ect is motor vehicle usage. Estimated emissions wil~ exceed 8CAQMD reconzmended thr=mholds. The emissions are estimated at approximately 3,657 pounds of carbon monoxide, 361 pounds of reactive organic gases, 596 pounds of ox[d~.s ot nitrogen, and 308 pounds of particulate above the SCA~,MD daily threshold criteria, Mitigation Measures , Each of tho mitigation m~asures ~isted in the Mitigat{on~ Monitoring Program o~ the Anaheim Plaza Project unde~ the headin~ of 'Air Quality" shall be incorporated as conditions of approval for the project and implemented the time and by the appropriate responsible agency as set forth in the Mitigation Monitoring Pfogram o 3884Q/2621/00 _~_ _S_~f~nif~cance Afte~ Mitigation The air quality impacts of the project cannot be. mitigated on a short or long term basis, impacts will incrementallly add to pollutant emission in the County and South Coast ~ir Basin, whicl~ is a federal nonattainment area for several . pollutant species. Any increase in emissions is, therefore, consiclerecl significant: and an unavoidable adverse impact of the project. CIRCULATION , , Significant ~.£ £ect-~ The development of the proposed project will result in t~e addition of project [elated traffic' to the a~ea and impaG, ts eight study intersections in the Plaza Redevelopment Pr0j~ct Area. Miti~at ion Measures Each of the mitigation measures listed 'in -the Mit[gation~ Monitoring ~rogram o~ the Anaheim Plaza P~'oject under th~. heading of "Air Quality" ~hall be incorporated a~ · conditions of approval for the project and imple[~ented the time and by the appropriate responsible agency as ~O£th in the' Mitigation Monitorlpg Progfal)l. · Significance After Mitigation Upon inGo~po~ation of the mitigation measu['es as conditions Of approval for the project, no significant impacts to transportation/circulation will result from imp[ementati0n es of the project. (Implementation o£ the mitigation measu~ will result in level of Service D or better' at all eight study intersections). 3884Q/2 621/00 -3- ALTERNAT IVES Four project alternatives to the p~oposed project are discussed in thu ~uppl~m~ntal CIR. The Agency has reviewed and considered such alternatives in light of the adverse environmental effects which may result from the project and tlhe reduction or elimination of such effects which might be accomplished by selection of the alternatives. The alternatives are su~ized below, and specific economic,~ social or other considerations that render such alternatives~ PROJ~CT ALTERNATI V~S , No Pro~ect Alternativ~ The "No Project" alternative would r~sult i.n the maintenance of the project site in its cut'rent state, ' existing buildings and uses would remain on s:ite but the~ impacts caused by the proposed project would not occur at~: this time. This alternative does not, h~wev~r, preclude ~ its future development in accordance with those planning ~ and zoning standards in existence at the time of permit issuance. Wh~le lea~ing the project site ]n ~t~ ew]gt~nq ~tate wou~d avoid the incremental contribution of traffic, air qualit~y and land use impacts' absence o~ the proposed project will not not{ceably {reprove conditions in th= dreu. For example, while limited capacity exists in the aurround'in~ circulation system at the present time, this project will{ not noticeably affect circulation pattern~ whether exists or not. In addition, abandoned, obsol.~te and " unattractive co~ercial facilities would likety continue ~to exist at the project site. ' Th~ "no project~ ~ltcrnatfve rcpr~c~ts an environmentally superior altern tire to the proposed act[on, in that under this alternative no additional environmental impacts wou~d occur as a result of project activities. Impacts . associated with cumulative project activities can, however, be anticipated to occur, and subsequent site development ) may impose 9reate~ environmental impact~ thorl those impadts associated with the proposed project. Reduced Project Scope Thi~ alternative would consist of developing the propose~ Project, but without the 200-room hotel. Thus the total' square footage would be reduced from approximately 716,000 . 3884Q/2621/00 -4- square feet to approximately 541,000 square feet. Poten~ia~ ~anO usa imp~c~ would remain due tr) constructiion and operation of other buildings as pzoposed for the project :ite. However, other environmental iinpacts relaDed to traffic and 4i~ pollution would b~ t'~duced proportionately to the reduction in development. T~e reduction in emissions wou].d not De enough to reduce the~ project impacts on air quality to a less than $'i.~nificant! level. Therefore, because of the positiv~ econom{c imp~ts to th,_ City of {nc]~jd~ng th~. 2~0-room hr]tel. :.~nd because' resulting project impacts are similar for this alternative and the pro,eot as proposed, the reduced project scope alternative is rejected. · Alternate Location Under this alternative, a similar retail center could be : located in the City's downtown area in the vicinity of Hall. The selection of an alternate location would mean! that no benefits associated with redevelopment improveme would be undertakcn within the Plaza Redcvclopment Area. Resulting impacts at the alternate location would ibc significant and the alternative would not be the basic objectives of the proposed projec~ within tnt Flaza Project Area. The alternate location doe.q not have freeway v~sibil~ty necessary for the economic viab-i[~ty of the proposed promotional shcpping center. Fo~ these reasons,' the alternate location j$ rejected. 3884QI2621/00 Revised Site Plan Un~r lihi~ al~erna~iye, ~00,000 -~qu~£u f~ut ~.~f testauran~ space would be built in place of the hotel .is proposed. Thi.~ would reduce the total square footage o~' the proSocti and, correspondingly, reduce the environment~[ impacts. ~owever, this alternative would continue t6 have an unax;oidablo significant impact on ai.r q~;t [ i tM'. l'n fa~.t, the impact would he greater than that of the proposed project or any other alternative. Because t;h'[$ alternative is projected to ~enerate approximately 350 additional du:ring th, p.m. peak hour, or 17% more than the proposed! projeck, some of the eight study intersections ma~ not b~ milri~able to LOS D for level of service D or Better unde~ this alternative, g~cause the environmental, impacts of th~s alternativ~ are ~reater than that o£ the. proposed project, this alternative i~ rejected.. · STATEMENT OF OVERRIDING CONSIDERATIONS The Agency finds that the mitigation measures listed in the Mitigation Monitu,.'i[~g [~&'ug~m will, when implcm~nt:~, mitigat~ or substantially reduce most o[ the significant env[['onmen~al effects identified in th~ Final EIR. Nonetheless, certain significant environmental impacts o[ the project ~re unavoidable, even afte[ ~ncorporation of all. feasible mitiqagi, on meamur.~.~_ Fc~r such effects, the A~enc¥ has balanced the benefits of th~ project against such unavoidable environmental r~_sks in its appt'ovsl. The unavoidab'~e impacts a~oclat~d with th~.~ project Short term air quality impacts resulting from construction activities generating construction-related emissions. - Long term air quality impact~ resulting £rom generation of air pollutant emims~ons, primarily by' khc v~hiclem of the project customers and einploye~s.: In this regard, the City Council h~r~by finds that al1 leaseD!lc mitigation measures identified in t~e Supplemental EIR have been and will be imp[¢m~nted with the project, and t:hat any si0nificant unavoidable effects remainin~ are acceptable due Ito the following ~p¢cific economic, social and other considerations, based upon the facts set forth above, in the' Final Supplemental EIR and in the public recot-d r~f th~ consideration of this project, as follows- · ~ The proposed project will provide jobs, shopping an~ entertainment opportunitfes and w[l[ also reduce th~ number and length of vehicular trips. '. Development of the proposed project will serve to implement a Negotiation Agreement between the ' applicant and the City of Anaheim ReOeve,[opment Ager~cy. The project will remedy, remove and prevent physica~ blight and economic obsolescence in the Plaza ' Redevelopment Project Area. 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