ARA1990-20RESOLUTION NO. ARA90-20
A RESOLUTION OF THE ANAHEIM REDEVELOPMENT
AGENCY CERTIFYING THE COMPLETION OF A FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE PLAZA
REDEVELOPMENT PROJECT
WHEREAS, the Anaheim Redevelopment Agency (the "Agency")
has prepared an Environmental Impact Report (the '"EIR") on the
Redevelopment Plan for the Plaza 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 EIR Guidelines"]), and procedures adopted
by the Agency relating to environmental evaluation of public
and private projects; and
WHEREAS, between February 15, 1990 and April 6, 1990, the
Agency notified, with a Notice of Completion, all City
agencies, other public agencies and any interested private
organizations and individuals, that the Draft EIR was complete,
and sought the comments of such persons and agencies; and
WHEREAS, the Draft EIR was thereafter revised and
supplemented to adopt changes suggested, to 'incorporate
comments received during the public review period, and to
provide the Agency's and City of Anaheim's ("City") response to
said comments, and as so revised and supplemented, a Final EIR
has been submitted to the Agency; and
WHEREAS, a public hearing was held by the Anaheim
Redevelopment Commission on March 14, 1990, for the sole
purpose of soliciting comments to the Draft EIR relating to the
Project, following notice duly and regularly given as required
by law, and all interested persons expressing a desire to
co~,ent 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 response of the Agency
and the City thereto.
NOW, THEREFORE, BE IT RESOLVED by the Anaheim Redevelopment
Agency as follows:
1. The Agency hereby certifies that the Final
Environmental Impact Report for the Project is adequate and has
been completed in compliance with CEQA, the State EIR
Guidelines and local procedures adopted by the Agency pursuant
thereto, and that the Agency has reviewed and considered the
information contained in the Final EIR.
2. The Agency has evaluated all comments, written and-
oral, received from persons who have reviewed the Draft EIR.
3. The Agency hereby makes and adopts the Findings of
Fact and Statement of Overriding Considerations R~lating to the
Environmental Impact of the Plaza 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 Agency 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 cumulative adverse
impacts on air quality in the South Coast Air Basin region;
2) The Project will result in adverse short-term construction
noise impacts; 3) the Project will result in an increased land
use intensity and land use conflicting with adjacent uses; 4)
the Project will result in the displacement of existing
residents and hotel occupants; 5) the Project, along with
other existing and planned development in the-vicinity, will
have a significant cumulative adverse impact on traffic
conditions; and 6) the Project will place an additional burden
on an existing shortage of parks and recreation facilities.
Based on the foregoing, the Agency finds and determines that
the Project will have a significant effect upon the environment.
4. The Agency hereby adopts the Mitigation Monitoring
Program in Exhibit "B" attached hereto and incorporated by this
reference.
5. As to each of the significant environmental effects
identified in Section 3 of this Resolution which are not
eliminated or substantially lessened, the Agency hereby adopts
the Statement of Overriding Considerations in Exhibit "A"
attached hereto.
6. 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 the Public
Resources Code and the State EIR Guidelines adopted pursuant
thereto.
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PASSED and ADOPTED by the Anaheim Redevelopment Agency on
this 22nd day of May , 1990.
ATTEST:
Agency Secretary
ANAHEIM REDEVELOPMENT AGENCY, a·
public body corporate and politic
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, LEONORA N. SOHL, Secretary of the Anaheim Redevelopment Agency, do hereby
certify that the foregoing Resolution No. ARA90-20 was passed and adopted at a
regular meeting of the Anaheim Redevelopment Agency held on the 22nd day of
May, 1990, by the following vote of the members thereof:
AYES: AGENCY MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter
NOES: AGENCY MEMBERS: None
ABSENT: AGENCY MEMBERS: None
AND I FURTHER CERTIFY that the Chairman of the Anaheim Redevelopment Agency
signed said Resolution on the 23rd day of May, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 23rd day of May,
1990.
sECRETARY OF TH'~ ANAHEI~ RE T
AGENCY
( SEAL)
EXHIBIT A
FINDINGS OF FACT AND
STATEMENT OF OVERRIDING CONSIDERATIONS
RELATING TO THE ENVIRONMENTAL IMPACTS
OF THE PLAZA REDEVELOPMENT PROJECT
I .
FINDINGS CONCERNING THE SIGNIFICANCE OF SPECIFIC
ENVIRONMENTAL IMPACTS IDENTIFIED IN THE FINAL E1R.
EARTH.
A·
Environmental Impacts.
The Project will result in grading for building site
and excavations for utilities and street
improvements. The Project Area soils have been
identified by the U.S. Soil Conservation Service as
being suitable for grading and development, although
some inherent soil limitations exist and may require
additional engineering and design consideration to
provide adequate levels of safety and reduce this
impact to a level considered to be less than
significant.
Erosion of barren rock and soil surfaces uncovered
during grading and excavation could occur.. Any such
erosion would be very minor, due to the flat-
topography of the Project Area and the relatively
small amount of exposed rock or soil surfaces
expected. This impact is considered to be less than
significant.
Because of increased population due to new
employment opportunities and residential units in
the Project Area, the proposed Plan will result in
exposure of additional people to ground shaking fr~,~'
an earthquake in the immediate area. The potenti~~
ground shaking would be expected to be similar
throughout the region in the event of an earthqu~~
and no unique or unusual risk is posed by the
proposed Project.
Demolition or rehabilitation of older structures
within the Project Area, and the construction of new
buildings can reduce seismic hazards. All buildings
will be constructed or rehabilitated to seismic
standards.
B. Mitigation Measures·
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Soil and geologic studies will be required for
development on an individual basis and
deficiencies corrected, if necessary.
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Any grading shall be scheduled to begin as soon
after April 15 (the end of the rainy season) as
possible in order to minimize erosion potential.
Straw or other suitable materials shall be
placed over uncovered soils, as needed, during
cons%ruction activities to reduce erosion
potential.
Temporary culverts, ditches, catch basins, dams
and settling ponds shall be installed where
needed during construction activities to
maintain drainage flows and to collect exceSs
water and sediments flowing out of construction
sites. Sediments collected shall be disposed
of at a Class II or Class III disposal site.
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Ail construction and development within the
Project Area shall be in compliance with
applicable City and State statutes, codes,
ordinances and regulations.
Findinq of Significance.
The Agency finds that incorporation of the above
mitigation measures as conditions of approval of the
Project and as incorporated in the agreements
concerning development of the Project will reduce
the potential soil and geological impacts of the
Project to a level of insignificance.
AIR QUALITY.
A. Environmental Impacts..
Project-related air pollution emissions come from
three principal sources: on-site combustion of
natural gas for space heating, water heating and
cooking; local and regional emissions from vehicles
traveling to and from the Project site; and
combustion of fuels at power plants to produce
electrical power used on the Project site.
The proposed Project will result in increased
traffic volumes on local streets. The two school
sites within the Project Area (Gilbert East High
School and Price Elementary) are considered
sensitive receptors in terms of air pollution.
Also, Gilbert East High School is located along the
I-5 freeway frontage, an area with existing high
concentrations of air pollution emissions.
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Project-related traffic will contribute to carbon
monoxide concentrations by 28 to 95 percent at 45
feet from the centerline of Loara Street for an
eight-hour period. These are considered maximum
concentrations based on data provided by the South
Coast Air Quality Management District ("SCAQMD").
However, Anaheim is currently a non-attainment area
for carbon monoxide concentrations. Project-related
traffic by itself will not exceed eight-hour
standards for carbon monoxide concentrations.
Cumulatively, the Project could contribute to the
exceeding of the State standards for eight-hour
carbon monoxide concentrations.
The estimated emissions from the Project at buildout
exceed the SCAQMD's suggested threshold criteria for
determining significance for carbon monoxide,
nitrogen dioxide, particulates, and reactive organic
gases and are therefore considered significant
adverse impacts.
Construction activity will result in significant .
adverse impacts on local air quality. Construction
emissions include dust and gaseous emissions from
site clearance and grading, combustion of fuels from
heavy equipment, and exhaust emissions from workers'
vehicles traveling to and from the site. Heavy
equipment expected on-site during a typical day will
include compactors, backhoes, tractors, and
graders. This equipment generates smoke, ~fuel
pollutants (gasoline or diesel) and odors. Grading
will result in airborne dust from disturbed soil.
Although construction impacts are considered adverse
and significant, they are recognized as short-term
impacts and, in the case of this Project,
construction will be gradual and take place
intermittently over a period of years.
Mitigation Measures·
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Representatives of the Redevelopment Agency
shall meet with school officials if
construction takes place adjacent to the school
sites. The purpose of these meetings will be
to develop project-specific mitigation measures
that will minimize air quality impacts of
construction on the schools. If feasible,
project-specific mitigation measures shall
include, but shall not be limited to, watering
the site during grading, rerouting of
construction-related vehicles, and restrictions
on construction activities by time of day and
time of year.
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Ail developments within the Project Area with
more than 100 employees are required to comply
with the provisions of SCAQMD Regulation XV
(Mandatory Ridesharing for employers employing ~
more than 100 persons). This measure will be
implemented by the $CAQMD.
Ail developments in the Project Area are
subject to the Air Quality Management Plan
(AQMP), particularly regarding Transportation
Demand Management (TDM) programs. A TDM plan
for new developments shall include, but not be
limited to, design considerations to encourage
ridesharing, transit use, park and ride
facilities, as well as bicycle and pedestrian
circulation.
Each developer shall propose transportation
system measures (TSM) in order to address this
concern including, if feasible, a park and
ride/transit facility. Ridesharing and transit
service from Anaheim could be coordinated with.
the establishment of a transit center/park and
ride facility. A transit area would include a
bus staging area with concrete pads, a lighted,
sheltered waiting area, public telephones and a
kiosk containing bus schedules and transit
information. Vehicles that could uSe this
depot would include public transit, dial-a-kide
services and the City shopper van. The park
and ride lot would be directly adjacent from
the transit area and would offer parking and
rendezvous points for carpool and vanpool
participants.
If feasible, the following additional TSM
measures shall be required: installation of
bicycle racks, parking lot configuration
designed to provide incentives for carpools and
vanpools, and adequate sidewalks and access
ways to encourage and facilitate pedestrian
uses.
Adequate watering techniques will be used to
partially mitigate the impact of
construction-generated dust.
Construction equipment will be properly
maintained and serviced to minimize exhaust
emissions.
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Ail new development shall meet or exceed
Title 24 building standards for energy
efficiency.
Findinq of Significance.
The Project is expected to make a substantial
contribution to regional air pollution levels, which
cannot be mitigated to a less than significant
level. The cumulative air quality impacts of the
Project and other development in the South Coast Air
Basin are significant and will only be'partially
mitigated by implementation of the above measures.
Although the above mitigation measures shall be
required to be implemented in the conditions of
approval for the Project and in the agreements
concerning development of the Project, the Agency
adopts a Statement of Overriding Considerations with
regard to the cumulative air quality impact of the
Project (see Statement of Overriding Considerations
below).
HYDROLOGY.
A. Environmental Impacts.
Although the Project Area is already substantially
covered by impervious surfaces, the additiOnal
impact of new development on total runoff from the'
Project Area is considered adverse. Subsequent
Project-specific impacts to the drainage system will
be determined on a case-by-case basis, as specific
development plans become available for review, since
some existing drainage facilities are deemed
inadequate.
B. Mitigation Measures·
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The Redevelopment Agency shall fund a master
study of the drainage system serving the
Project Area. This preliminary master drainage
study will be completed before any new
development is permitted to be built within the
Project Area. Necessary improvements
identified through the study shall be funded by
the Redevelopment Agency, the City or project
developers through tax increment funds,
development fees, or other measures. Any
development approved prior to completion of
improvements shall be required to participate
in funding the improvements. New developments
approved for construction prior to completion
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of the areawide master plan of drainage
containing an area of 100,000 square feet or
less of impermeable surfaces are deemed by the
City Engineer to be a negligible impact upon
the existing drainage system.
A final detailed hydrology study shall be
prepared for each proposed development within
the Project Area. This report will be subject
to the review and approval of the City
Engineering Department and shall include (but
not be limited to) the following information'
existing and proposed discharges into the
drainage system; existing capacity compared to
projected discharge; an assessment of the
system serving the site; and a site drainage
plan, including a plan for management of
drainage during construction and until master
plan improvements have been completed.
Building permits shall not be issued unless
drainage plans have been approved, and
certificates of occupancy shall not be issued
until drainage improvements, including master
plan improvements required to provide adequate
drainage of the Project Site, have been
completed to the satisfaction of the City
Engineer.
Ail new development approved in the Project
Area prior to completion of the drainage study
shall be required to provide on-site detention
as approved by the Public Works Department for
the 10-year design storm resulting from the
Project. Due to the detention requirements
having the possibility of increasing the peak
100-year design storm, the hydrology study
shall analyze the detention to see the effects
of the delay to the time of concentration of
the 100-year peak storm discharge.
The City and the Agency shall be responsible
for local storm drains, local channels and
appurtenant facilities and site drainage which
are not owned by the Orange County Flood
Control District.
The City shall be responsible for flood plain
zoning within City boundaries in accordance
with Federal Emergency Management Agency
regulations.
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The City and the Agency shall submit plans and
specifications of any development adjacent to
Orange County Flood Control District facilities
to the District for its review.
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The City and the Agency shall prepare an
updated master plan of drainage, and shall send
such plan to the Orange County Flood Control~
District for its review.
Findinq of Siqnificance.
The Agency finds that implementation of the above
mitigation measures as conditions of approval and of
inclusions in the agreements concerning development
of the Project will eliminate any significant
impacts on hydrology and drainage.
NOISE.
A. Environmental Impacts.
Construction Noise. Noise generated by construction
activities will have significant short-term impacts
.on surrounding land uses. These impacts will end
once construction is completed and, in the case of
the proposed Project, will take place over a period
of years in different parts of the Project Area.
The two schools in the Project Area (Gilbert East
High School and Price Elementary), may be adversely
affected by construction noise. Because of their
short-term nature, these impacts are considered
adverse but not significant.
Construction of the following improvements could
adversely affect the two schools in the Project
Area: installation of underground utility lines
under Loara Street from North Street to Broadway,
and under Crescent Way from Mueller Street to
Lincoln Avenue; installation and upgrade of water
lines in Crescent Avenue from Mueller Street to
Loara Street, and in Loara Street from the I-5
freeway to Lincoln Avenue; upgrade of sewer lines'on
Crescent Avenue; construction and upgrade of storm
drains along Crescent Avenue; widening of Crescent
Avenue; widening and reconstruction of Crescent Way
from Lincoln Avenue to the Southern Pacific Railroad
tracks; widening and reconstruction of Loara Street
from Broadway to Carbon Creek Channel; widening and
reconstruction of Loara Street from Lincoln Avenue
to Crescent Way; widening and reconstruction of
North Street at Loara Street; resurfacing of
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Westmont Drive east of Loara Street; construction of
a parking structure in the northern portion of the
Project Area; construction of a community center.
Traffic associated with developments in the Project
Area will not generate a significant overall
increase in noise levels. New development is
anticipated to generate a total of up to 97,716
daily vehicle trips at buildout. Project-generated
traffic, plus future traffic from other development
in the vicinity, will increase noise levels from one
to four decibels near area streets. TSese increases
are considered neither adverse nor significant
because they are imperceptible to the typical human
ear.
Mechanical equipment serving proposed development,
such as rooftop central air conditioning and
ventilation systems, will result in slight increases
in noise. Standard construction and safety
requirements for installing and maintaining building
equipment will minimize potential noise impacts.
Therefore, building noise impacts are considered
neither adverse nor significant.
Mitigation Measures.
The City shall require, if feasible, that
construction activities that would affect
operation of Gilbert East High School and Price
Elementary will take place during hours when
the schools are not in session.
If construction that would affect Gilbert East
High School and Price Elementary must occur
while school is in session, a Redevelopment
Agency employee, the developer, contractor, and
a school official shall meet to determine
Project-specific measures to minimize noise
impacts on the school. These measures may
include, but are not limited to: construction
equipment and worker vehicle access points away
from school property, limitations on hours of
operation of certain equipment, and the
installation of solid wood fencing on the
perimeter of development sites adjacent school
property.
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Ail building mechanical equipment will be
enclosed, screened, or otherwise designed to
minimize noise impacts on neighboring
noise-sensitive land uses.
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Ail applicable State of California Noise
Insulation Standards shall be followed in new
residential construction. This measure shall
be implemented through the City's normal
building permit process.
Ail development within the Project Area will
comply with the City Noise Ordinance.
Findinq of Siqnificance.
The Agency finds that the long-term noise impacts of
the Project are insignificant. However, short-term
construction noise impacts are significant and
cannot be fully mitigated. Implementation of the
above mitigation measures as a condition of approval
and as incorporated in the agreements concerning
development of the Project will partially mitigate
the short-term noise impact, but a Statement of
Overriding Considerations has been adopted (See
Statement of Overriding Considerations below).
LIGHT AND GLARE.
A. Environmental Impacts.
Individual Projects developed in the area will
include lighting for parking, security, exteriors,
and interiors for commercial, office, and industrial
uses. Since the Plan calls for additional
development in the area, increased lighting will
result. Spillover of commercial lighting may have
an adverse impact on adjacent residential properties
both within and without the Project Area. Glare
from buildings constructed of reflective materials
may also have an adverse impact on adjacent
residential properties.
B. Mitigation Measures.
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The Agency and City design review shall include
review of lighting plans to ensure minimal
spillover and glare.
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Exterior lighting for each Project adjacent to
light sensitive uses shall have fixtures that
are shielded and/or directed away from
neighboring sites to eliminate spillover onto
neighboring sites.
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Where required, building materials shall be
non-reflective.
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Where residential properties are affected by
commercial and/or industrial development within
the Project Area, the non-residential
development shall provide a landscape buffer
sufficient to shield the residences from light
and glare effects.
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Where residential properties are affected by
adjacent non-residential development,
architectural, landscape and site plans of the
non-residential development shall be prepared
to minimize visual impacts to the'adjacent
residences.
Findinq of Siqnificance.
The Agency finds that implementation of the above
mitigation measures as conditions of approval and as
inclusions in the agreements concerning development
of the Project will eliminate any potentially
adverse light and glare impacts, both within and
outside the Project Area.
LAND USE.
A. Environmental Impacts.
The proposed development is consistent with the
General Plan; however, some proposed alternative
land uses within the Project Area are not consistent
with the General Plan, and will require a General
Plan Amendment. At buildout of the Plan, there is
estimated to be approximately 4,038,494 to 4,471,290
square feet of net new development, a 98 to 116
percent increase over existing conditions. Although
this is a significant increase in land use
intensity, the new development will achieve the
goals and objectives of the Plan which include the
elimination and prevention of blight.
The increased development may result in land use
conflicts between residential and institutional
(school) uses that abut the Project Area and
commercial/industrial uses within the Project Area.
These conflicts would include increased traffic and
noise, particularly during construction, loading
dock noise, loss of privacy, construction, and
loading dock noise, loss of privacy, and aesthetic
concerns. However, the high school, with its
frontage along the freeway, has an existing land use
conflict. Potential land uses adjacent to the
schools and residences include residential,
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commercial and office. Secondary land use impacts
may also result, in that increased employment
opportunities may increase demand for housing in the
City, and improved freeway access to the Area may
encourage new commercial and office development near
the Project Area.
Mitiqation Measures.
If alternate land uses are proposed which
conflict with the General Plan, a General Plan
Amendment will be required.
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Ail new non-residential development which may
affect adjacent residential development and
Project Area schools shall be designed to
minimize land use conflicts and minimize
impacts of noise or light on the residences.
These design considerations may include, but
shall not be limited to, fencing, landscape
buffers building placement, placement of
building openings and vehicular circulation,
and location of parking facilities. Other
mitigation measures that relate to land use are
included in the discussion of impacts on noise,
population and light and glare.
Other mitigation measures that relate to land use
are included in the discussion of impacts on noise,
population and light and glare.
C. Findinq of Siqnificance.
The Agency finds that the impact of increased
development intensity provided for in the Plan is
significant and cannot be fully mitigated.
Implementation of the above mitigation measures as a
condition of approval and as incorporated in the
agreements concerning development of the Project
will partially mitigate the land use impact, but a
Statement of Overriding Considerations has been
adopted (See Statement of Overriding Considerations).
RISK OF UPSET.
A. Environmental Impacts.
Risk of upset includes the potential for explosions
or release of hazardous substances in the event of
accident or upset conditions. The risk of upset is
not expected to result in potentially significant
effects.
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B. MitiGation Measures.
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None.
Finding of SiGnificance.
The Agency finds that no significant risk of upset
is expected to result from the Project.
POPULATION.
A. Environmental Impacts.
At buildout, the Project Area could have 274 to 519
dwelling units. Assuming an average household size
of 2.7, the resident population of the Project Area
could be between 740 and 1,402, less than one
percent of the City's current population. Of this
population, some are assumed to be of school age.
The net increase in the employee population could
range from approximately 2,600 to 3,200 at
buildout. This is a substantial increase, but will
occur over the life of the Plan (up to 35 years).
However, this is considered an adverse impact, since
Anaheim is in an area with high housing costs, and a
proportion of~the potential employees will be unable
to afford market rate housing and will be forced to
commute long distances from home to work. The
increased population generated by this Project as a
result of the proposed uses will result in higher
levels of traffic and increased demand on municipal,
institutional and governmental agencies.
B. Mitiqation Measures.
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The Anaheim City School District will levy
school impact fees on development within the
Project Area, as prescribed by AB 2926. The
District presently charges the currently
maximum allowable fees, which are $1.56 per
square foot of residential development and
$0.26 per square foot of commercial/ industrial
development. The Anaheim Union High School
District and the Anaheim City School District
will split the fees. These fees will be
adjusted annually to reflect inflation. The
district will also receive State funding for
school construction based on enrollment
projections.
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Each residential development shall be required
by the City to pay in-lieu fees or provide a
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land dedication for parks. If a development
involves more than 50 dwelling units, a land
dedication instead of fees may be allowed, at
the discretion of the Department of Recreation
and Community Services. The in-lieu fees shall
be used for improvements to existing parks and
community centers, and for property
acquisitions for additional facilities.
A community center shall be provided in the
Project Area. Planning, construction and
.administration of the community canter shall be
under the auspices of the City Departments of
Recreation and Community Services. The
Redevelopment Agency shall fund up to $500,000
of the cost of such center.
Transportation of hazardous materials and
wastes to and from either users or generators
within the Project Area shall be along routes
identified in the Orange County Hazardous Waste
Management Plan.
Ail hazardous waste shall be disposed of using
required federal and state procedures.
Ail new development in the Project Area shall
provide for and require recycling of paper
goods, cans, glass and other recyclable
materials, where feasible.
Ail yard waste shall be used for mulch or
compost, where feasible.
Businesses shall be required to use
nondisposable, reuseable items, if feasible.
Businesses in the Project Area shall be
encouraged to use recycle paper and packaging
where feasible.
10. The sanitary sewer system will be upgraded as
described in the discussion of environmental
impacts of Public Improvements.
11. Each individual development shall have a sewer
study which must be reviewed and approved by
the City Engineering Department. This study
shall include, but not be limited to, the
following information: existing and projected
wastewater flows; existing system capacity as
measured by flow meters over a period of seven
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days; mitigation measures such as !ow-flow
showers, ultra-low-flush toilets, or offsets in
other projects which reduce %he total volume
and load strength of effluent entering the
County system; and if needed, mitigation
measures to upgrade existing sewer lines.
Building permits shall not be issued until such
a study has been approved by the City
Engineer. Certificates of occupancy shall no%
be issued until improvements have been
constructed and accepted by the C~ty.
13. State laws will be enforced requiring
water-efficient plumbing fixtures including
low-flush toilets and showers in new structures.
14. Sections of Title 20 and Title 24 of California
Administrative Code regarding water consumption
and conservation will be enforced.
15. The City Municipal Code prohibits irrigation
water from flowing onto public sidewalks or
streets.
16. All new development in the Project Area shall
contribute to the conduct of an areawide
drainage study to identify needed drainage
improvements to serve the Project Area. All
new developments shall contribute to the
construction of needed facilities identified by
such study. New development approved for
construction prior to completion of the
areawide drainage study shall not exceed a
total of 25,000 square feet gross floor area or
result in coverage of more than 100,000 square
feet of land by impervious surfaces.
17. If development fees are insufficient to fund
the needed drainage study in a reasonable
period of time, the Redevelopment Agency shall
enter a reimbursement agreement with the City
for conduct of the study and reimbursement from
developer fees.
18. Ail new developments approved in the Project
Area prior to completion of the drainage study
shall be required to provide onsite detention
as approved by the Public Works Department for
the increment in 10-year storm flow resulting
from the Project.
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C ·
19. Ail development shall use drought resistant
plant materials for landscaping, if feasible.
20. Ail non-turf landscaping shall be watered with
drip irrigation systems, if feasible.
21. Public improvements proposed as part of the
Redevelopment Plan shall include improvements
to the water transmission system, as set forth
in the discussion of environmental impacts of
the Project on ~housing.
22. The Agency shall encourage employees within the
Project Area to hire local residents, where
feasible.
Findinq of Siqnificance.
The Agency finds that implementation of the above
mitigation measures as a condition of approval for
the Project and as incorporated in the agreements
concerning development of the Project will mitigate
the potential impacts of the Project on population
to a level of insignificance.
HOUSING.
A. Environmental Impacts.
The proposed Redevelopment Plan could result in the
development of between 274 and 519 dwelling units.
A mix of single and multiple-family units are
proposed, with opportunities for both owners and
renters. The housing will also be designed to
accommodate a range of income types, including low
and moderate income households, as required by
California Community Redevelopment Law.
Proposed development in the Project Area will result
in the removal or demolition of the existing
residential unit, the motels, and relocation of the
occupants in order to allow additional development
and intensification of the area. All residents and
long-term motel occupants affected by removal or
demolition of these units will be assisted and
compensated as required by State Law. However, this
is considered a significant adverse impact.
Development will also bring tax increment revenue to
the Project Area, at least 20% of which must be used
to increase or improve the City's supply of very
low- to moderate-income housing. Implementation of
the proposed Project would result in increased
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·
employment in the Project Area (an estimated 2,600
to 3,200 new jobs at Project Area buildout) and
would create a need for additional housing to
accommodate the anticipated increase in population.
Some proportion of these employees could be expected
to already reside within a reasonable commuting
distance of the Project Area, within and outside of
the City of Anaheim.
Mitiqation Measures·
i ·
Low and moderate-income household~ and
long-term motel occupants within the Project
Area shall not be displaced unless and until
there is suitable housing available and ready
for occupancy by such displaced persons or
families at rents comparable to those at the
time of their displacement. Such housing units
shall be suitable to the needs of such
displaced persons or families and must be
decent, safe, sanitary, and otherwise standard
dwellings. The Agency shall not displace such
persons or families until such housing units
are available and ready for occupancy. The
cost of the replacement housing shall be
comparable to the household's housing costs at
the time of displacement.
·
Permanent housing facilities shall be made
available within three years from the time
occupants are displaced. Pending the
development of such facilities there will be
available to such displaced occupants adequate
temporary housing facilities at rents
comparable to those in the community at the
time of their displacement.
·
The Redevelopment Agency shall make relocation
payments and provide assistance with
reestablishment and replacement of housing as
required by law to households, long-term motel
occupants and business operators displaced from
property within the Project Area.
,
At least 20 percent of the tax increment from
the Project Area shall be used by the
Redevelopment Agency to increase or improve the
City's supply of very low, low and moderate
income housing, unless the appropriate findings
are made.
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·
·
·
·
·
At least 30 percent of all new or rehabilitated
dwelling units developed by the Redevelopment
Agency shall be available and affordable to
those of low or moderate income, and 50 percent
of these dwelling units shall be available to
very low income households.
At least 15 percent of all new or rehabilitated
dwelling units developed by entities other than
the Redevelopment Agency shall be available and
affordable to low and moderate income
households, and 40 percent of the~e dwelling
units shall be available to very low income
households.
Whenever dwelling units housing persons and
families of low and moderate income are
destroyed or removed from the low and
moderate-income housing market as part of a
redevelopment project, the Agency shall, within
four years of the destruction or removal,
rehabilitate, develop, or construct, or cause
to be rehabilitated, developed or constructed,
for rental or sale to persons and families of
low or moderate income, an equal number of
replacement dwelling units at affordable
housing cost within the territorial
jurisdiction of the Agency.
The Agency shall require that the aggregate
number of replacement dwelling units and other
dwelling units rehabilitated, developed, or
constructed remain available at affordable
housing cost to persons and families of low
income, moderate income, and very low income
households, respectively, for the longest
feasible time, as determined by the Agency, but
for not less than the period of the land use
controls established in the Redevelopment Plan,
except to the extent a longer period of time
may be required under other provisions of law.
If land on which those dwelling units are
located is deleted from the Project Area, the
Agency shall continue to require that those
units remain affordable as specified in the
previous sentence.
Not less than 30 days prior to the execution of
an agreement for acquisition of real property,
or the execution of an agreement for the
disposition and development of property, or the
execution of an owner participation agreement,
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10.
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which agreement would lead to the destruction
or removal of dwelling units from the low and
moderate-income housing market, the Agency
shall adopt by resolution a replacement housing
plan. For a reasonable time prior to adopting
a replacement housing plan by resolution, the
Agency shall make available a draft of the
proposed replacement housing plan for review
and comment by other public agencies and the
general public.
Finding o~ SiGnificance.
The Agency finds that the impact of the Project on
housing demand is mitigated to less than a
significant level by implementation of the above
measures as conditions of approval and as
incorporated in the agreements concerning
development of the Project. However, the potential
impact to existing residents and hotel occupants of
displacement and relocation is only partially
mitigated and remains significant. The Agency
adopts a Statement of Overriding Considerations with
regard to such impact (See Statement of Overriding
Considerations below)~
TRAFFIC/CIRCULATION.
ae
Environmental Impacts.
The Final EIR evaluates two development scenarios
for the Redevelopment Project Area: buildout under
the preferred alternative ("Project A") and buildout
under the current General Plan ("Project B").
Project A would devote 11 acres to residential uses,
210 acres to all commercial uses, including 181
acres to retail/service, 5 acres to hotel/motel and
27 acres to office, 11 acres to community
facilities, and 114 acres to streets and freeways.
Project B would devote 17 acres to residential uses,
213 acres to all commercial uses, including 99 acres
to retail/service, 8 acres to hotel/motel and 103
acres to office, 8 acres to community facilities and
114 acres to streets and freeways. These two
development scenarios provide a range of the amount
and type of development that could occur in the
Project Area during the life of the Plan. Actual
buildout is expected to fall somewhere within this
range. P:'oject A would involve less residential and
office development than Project B. Project B would
result in the potential for approximately 365,000
more square feet of development than Project A.
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These two alternatives are discussed separately in
this discussion of traffic/circulation because they
would have different impacts on traffic and
circulation. (Because the environmental impact on
all other areas of impact would be substantially the
same, the two alternative development scenarios are
not discussed separately in those sections of this
document.)
Because the primary regional access facility (I-5)
passes through the Project Area, the primary traffic
impacts from the Rroject can be expected to occur
within the Redevelopment Area itself. Outside the
Project Area, Euclid Street and Lincoln Avenue can
be expected to incur the most significant impacts of
Project traffic.
With development of Project A, three intersections
are projected to operate at Level of Service
("LOS") A, none at LOS B', five at LOS C, one at
LOS D, none at LOS E, and eleven at LOS F. The
eleven intersections projected to operate at
unacceptable LOS include:
~ Ball Road/Euclid Street;
- Broadway/Euclid Street~;
- Crescent Avenue/Euclid Street;
- Euclid Street/I-5 ramps;
- SR-91/Euclid Street;
- Lincoln Avenue/Crescent Way;
- Lincoln Avenue/Euclid Street;
- Lincoln Avenue/Brookhurst Street;
- Lincoln Avenue/Harbor Boulevard;
- La Palma Avenue/Euclid Street; and
- Westmont Drive/Euclid Street.
The uses in Project A are projected to generate a
total of almost 138,000 daily trips with 9% of the
daily total generated during the peak hour. Project
A represents an increase of over 98,000 trips
compared to the existing condition. Compared to
Project B, Project A would generate 28,000
additional trips on a daily basis and 1,500
additional peak-hour trips. This increase is
primarily attributable to the greater emphasis on
retail development in Project A.
With development of Project B, two intersections are
projected to operate at LOS A, two at LOS B, three
at LOS C, one at LOS D, one at LOS E, and eleven at
LOS F. The twelve intersections projected to
operate at unacceptable LOS include:
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- Ball Road/Euclid Street;
- Broadway/Euclid Street;
- Crescent Avenue/Euclid Street;
- Euclid Street/I-5 ramps;
- SR-91/Euclid Street;
- Lincoln Avenue/Crescent Way;
- Lincoln Avenue/Euclid Street;
- Lincoln Avenue/Brookhurst Street;
- Lincoln Avenue/Harbor Boulevard;
- La Palma Avenue/Euclid Street;
- Loara Street/Crescent Street; and
- Westmont Drive/Euclid Street.
Project-B is estimated to generate a total of
110,000 'daily trips, with 10% of the total generated
during the afternoon peak hour. On a daily basis,
Project~B represents an increase of 70,000 vehicle
%rips compared to the existing condition.
The additional development in the Project Area will
also generate additional traffic on the adjacent
roadway system. In addition, as the area becomes
more successful commercially in response to the
redevelopment activities, existing developments can
be expected to convert into higher intensity uses.
Mitiqation Measures.
Project A Measures:
Restripe Euclid Street for three through lanes
in each direction from Ball Road to the $R-91
and construct a raised median island to
channelize left turns to signalized locations.
(This will require widening Euclid Street
across the drainage channel between Crescent
Avenue and La Palma Avenue and a special study
to identify traffic operation improvements
along the congested segments of Euclid Street
between the too-closely spaced signals at
westbound SR-91, eastbound SR-91, Medical
Center Drive and Romneya Drive).
.
Widen Euclid Street to four lanes in each
direction from Lincoln Avenue to Crescent
Avenue and construct a raised median island to
channelize left turns to signalized locations.
·
Restripe Lincoln Avenue to three lanes in each
direction between Brookhurst Street and the I-5
freeway and construct raised median islands to
channelize left turns to signalized locations.
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·
·
·
·
Widen Lincoln Avenue to three through lanes in
each direction between I-5 and Harbor Boulevard
and construct raised median islands to
channelize left turns to signalized locations.
Construct an overcrossing of the I-5 freeway at
Crescent Avenue.
Implement, and continually promote, TDM
programs for office developments within the
Project Area.
Crescent Avenue/Euclid Street: Provide a
single southbound left turn lane for a minimum
280-foot length; provide one eastbound left
turn lane with a minimum 80-foot length and two
through lanes; provide one single westbound
left turn lane with a minimum 320-foot length
·
Loara Street/Crescent Avenue: No mitigation
required.
Project B Measures:
·
Ball Road/Euclid Street: Provide dual left
turn lanes in all directions.with design per
City Standard 138A for critical intersections;
provide separate right turn lanes in all
directions.
10. Broadway Street/Euclid Street: Provide dual
left turn lanes with a minimum 100-foot length
northbound and southbound, and provide separate
right turn lanes northbound and southbound.
11. Crescent Avenue/Euclid Street: Provide a
separate right turn lane northbound, and
provide dual left turn lanes with a minimum
160-foot length, one through lane, and one
right turn lane westbound. At least one
eastbound left turn lane at this location will
be required with the Crescent overpass of I-5.
12. SR-91/ Euclid Street: Provide dual left turn
lanes northbound to the westbound on-ramp, with
a minimum length.of 280 feet, provide three
through lanes northbound and southbound through
the interchange; provide separate right turn
lanes on the northbound and southbound
interchange approaches, and provide three lanes
on the westbound off-ramp.
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13. Lincoln Avenue/Crescent Way: Provide two lanes
on the southbound approach, permitting left
turns from either lane, and provide a westbound
right turn lane.
14. Lincoln Avenue/Euclid Street: Provide dual
~left turn lanes in all directions, with design
per City Standard 138A for critical
intersections, and provide separate right turn
lanes in all directions.
15. Lincoln Avenue/I-5 Southbound Ram~s: Provide
dual left turn lanes eastbound with a minimum
310-foot length, and provide a separate right
turn lane westbound.
16. Lincoln Avenue/Brookhurst Street: Provide dual
left turn lanes in all directions, with a
minimum 140-foot northbound, 150-foot
southbound, 130-foot eastbound and 210-foot
westbound length, provide four through lanes
northbound and southbound on.Brookhurst Street,
and provide a separate right turn lane in all
directions.
17. Euclid Street/I-5 Ramps: Provide four through
lanes north bound and southbound on Euclid
Street.
18. Lincoln Avenue/Harbor~ Boulevard: Provide three
through lanes northbound and southbound, and
provide dual northbound left turn lanes 220
feet long.
19. Loara Street/Crescent Avenue: Dedicate one of
the two lanes on the southbound approach to
right turns only, and modify the signal to
permit southbound right turns concurrent with
the eastbound left turn movement.
20. La Palma Avenue/Euclid Street: Provide dual
left turn lanes in all directions, with design
per City Standard 138A for critical
intersections, provide separate right turn
lanes in all directions, and provide three
through lanes eastbound and westbound.
21. Westmont Drive/Euclid Street: Provide three
northbound through lanes plus a right turn only
lane, provide four southbound through lanes,
and provide two westbound left turn lanes.
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C. Findinq of SiGnificance.
11.
1. Project A.
The Agency finds that after mitigation, one
intersection is still estimated to operate at
LOS F and four intersections at LOS E.
Although the above mitigation measures shall be
required as conditions of approval of the
Project and as incorporated into the agreements
regarding development of the Property, the
Agency adopts a statement of overkiding
considerations with regard to the cumulative
traffic impact of Project A.
2. Project B.
The Agency finds that after mitigation, all
intersections are projected to operate within
capacity, but three intersections (Ball
Road/Euclid Street, Broadway/Euclid Street, and
Lincoln Avenue/Euclid Street, Broadway/Euclid
Street, and Lincoln Avenue/Euclid Street) are
projected to operate at LOS E, and no
additional improvements which could improve the
level of service are feasible at these three
locations. The Agency finds further that, in
general, Project B would provide somewhat
better traffic conditions than Project A, and
the unacceptable conditions can be more
effectively mitigated with Project B, but the
cumulative traffic impact will be only
partially mitigated by implementation of the
above measures. Although the above mitigation
measures shall be required to be implemented as
a condition of approval of Project B and as
incorporated into the agreements regarding
Project B, the Agency adopts a Statement of
Overriding Considerations with regard to the
cumulative traffic impact of Project B (See
Statement of Overriding Considerations below).
FIRE PROTECTION.
A. Environmental Impacts.
The increased commercial and residential development
resulting from the proposed Redevelopment Plan will
increase demand for fire protection and paramedic
services. According to the City Fire Department,
response times to all areas of the Project site will
be less than five minutes which the Department
considers adequate.
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12.
S ·
The additional demand on fire protection and
paramedic services will not adversely impact
provisions because the response time will not be
reduced to a less than adequate level. Therefore,
impacts are considered neither adverse nor
significant.
Mitigation Measures.
1. New development shall provide adequate fire
flow from on-site fire hydrants in accordance
with City Fire Department requirements.
2. New construction shall conform to the minimum
standards of the California Administrative Code.
·
Ail development in the Project Area shall be
reviewed and approved by the Fire Department
for adequate protection of structures and
occupants from potential accidents involving
pipelines.
C. Findinq of Siqnificance.
The Agency finds that additional demand on fire
protection and paramedic services will not adversely
impact service, and incorporation of the above
mitigation measures as conditions of approval for
the Project and the agreements concerning
development of the Project will result in the
mitigation of the fire protection impacts to a level
of insignificance.
POLICE PROTECTION·
A. Environmental Impacts.
The proposed project will result in additional
commercial, office and residential development in
the Project Area. Additional development, along
with the attendant increases in population and
traffic, will call for an increase in police
personnel to provide adequate service and
protection. The Department is currently preparing a
service level/personnel allocation plan. Because
the specific type and phasing of potential
development within the Project Area is unknown at
this time, and the implementation time of the
development is unknown, the amount of increased
protection necessary cannot be accurately
determined. However, Department staff estimate that
40 sworn officers will be added by the year 2000,
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13.
S ·
C ·
due to infill and redevelopment in the older
portions of the City, including the Project Area.
Since the Department is currently short of its goal
of 1.4 sworn officers per 1,000 residents, impacts
on police protection are considered adverse.
Mitiqati0n Measures.
I ·
Ail developments in the Project Area shall be
reviewed and approved by the Police Department
to encourage consideration of security and
crime prevention in project design.
Findinq of Siqnificance.
The Agency finds that the impacts of the Project on
police protection are reduced. Implementation of
the above mitigation measure as a condition of
approval and as incorporated in the agreements
concerning development of the Project will partially
mitigate the impact on police protection.
SCHOOLS.
A. Environmental Impacts.
Increased employment and housing developed in the
Project Area can be expected to add students to the
school districts. An estimated 27 households
currently reside within the Project Area, some with
children. Given this relatively small number,
relocation of these households to other areas is not
considered a significant impact on the school
system.
The Plan provides for up to 493 net new residential
units at buildout within the Project Area, which
could generate an additional 136 elementary and 246
high school students. However, the Agency estimates
that a substantial portion of these units may be
senior housing, which would generate no additional
students.
The new employment added in the Project Area will
result in additional demand for housing in Anaheim.
To the extent that this demand is met by the
construction of new housing, additional students
will be added to the district through this indirect
effect. Based on the estimate of 650 additional
dwelli'ng units in the City, the Project would have a
potential secondary impact on school enrollment of
179 elementary students and 325 high school
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students. The 1,300 dwelling units expected to be
generated by the Project within the Northwest Orange
County Statistical Area represent 1.1% of the
expected growth in housing units in the subregion
through the year 2010. This number is a small
percentage of the total projected growth and should
be readily absorbable within this subarea.
There will be a maximum total of 2,600 additional
housing units or 715 additional elementary students
using the Anaheim City School District enrollment
factor, resulting from an increase of 2,428,000
square feet of non-residential development, or 0.29
students per 1,000 square feet. However, because a
maximum of 25% of these students are expected to be
located within the City of Anaheim, the student
generation rate for students within the district is
expected to be lower than the district's estimate.
If the Project develops gradually over a 20-year
period, the annual increase in enrollment can be
estimated at 6.8 direct and 8.95 indirect, elementary
students for a total of 15.75 elementary students
per year; and 12.3 direct and 16.25 indirect high
students for a total of 28.55 high school students
per year. Direct enrollment increases would be
generated at schools directly serving the Project
Area. Indirect enrollment increases would be
generated throughout the City. Because this growth
in enrollment will occur in an area where schools
are already overcrowded, direct and indirect
increases in enrollment are expected to result in a
need for new classrooms and possibly new 'school
sites.
Because of the relatively small percentage impact of
the Project on the annual growth in school
enrollments, the long period of expected buildout
within the Project Area, and the availability of
state funds and developer fees for school
construction, this impact is not considered
significant.
Redevelopment Law requires the Redevelopment Agency
to use at least 20 percent of the tax increment
funds to benefit low and moderate income housing
within the City. This may result in additional
housing units, which will in turn generate students
who will attend Anaheim schools. However, the law
provides that the tax increment may be used £or new
housing and/or the improvement of the existing
affordable housing stock. The latter would not
result in additional impacts on schools.
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14.
Recent population growth has shifted away from
urbanized areas to Riverside and San Bernardino
Counties, where housing costs are less than
urbanized areas. However, many of the residents of
San Bernardino and Riverside Counties work in the
urbanized area such as Anaheim. Therefore, al%hough
implementation of %he Redevelopment Plan will create
new jobs, each new job will not necessarily create
new residents and students within the Anaheim.
Mitiqation Measures.
·
The Anaheim City School District will levy
school impact fees on development within the
Project Area, as prescribed by AB 2926. The
District presently charges the maximum
currently allowable fees, which are $1.56 per
square foot of residential development and
$0.26 per square foot of commercial/industrial
development. The Anaheim Union High School
District and the Anaheim City School District
will split the fees. These fees will be
adjusted annually to reflect inflation. Based
on an estimated 2.3 million square feet of
commercial development and 300,000 square feet
of residential development, the districts would
receive school impact fees of $1,066,000 from
development within the Project Area.~ The
districts would receive an additional
$1,216,800 from school impact fees from the
estimated 650 indirectly demanded housing units.
·
The School Districts will receive state funding
for school construction based on enrollment
projections.
C ·
Findinq of Significance.
The Agency finds that incorporation of the above
mitigation measures as a condition of approval for
the Project and in the agreements concerning
development of the Project will mitigate school
district enrollment impacts to a level of
insignificance.
PARKS AND RECREATION.
A. Environmental Impacts.
The estimated 740 to 1,402 additional residents
resulting from the proposed residential development
within %he Project Area will increase demand on the
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S ·
C ·
parks and recreation facilities within and
surrounding the Project Area, adding approximately 2
acres to the existing park acreage deficiency.
Also, the 2,600 to 3,200 additional employment
opportunities within the Project Area may attract
new residents to the City, which would further
impact the existing facilities. Currently, there
are no plans for expansion of existing park sites
nor plans for any new si%es within the Project Area
or in the vicinity. The increased demand on the
existing parks and recreation facilities in the
project vicinity is considered a significant adverse
impact, due to the citywide deficiency and lack of
new sites planned, and the local deficit within the
Project Area.
Mitigation Measures.
i ·
Each residential development is required to pay
in-lieu fees to provide a land dedication for
parks. If a development involves more than 50
dwelling units, a land dedication instead of
fees may be allowed, at the discretion of the
Department of Parks, Recreation and Community
Services. The in-lieu fees are used for
improvements to existing parks and community
centers, and for property acquisitions for
additional facilities.
·
A community center will be provided in the
Project Area. Planning, construction and
administration of the community center will be
under the auspices of the City Department of
recreation and Community Services. The
Redevelopment Agency will fund up to $500,000
of the cost of the center.
Finding of Siqnificance.
The Agency finds that the impact of the Project on
demand for parks and recreation facilities is
significant and will be only partially mitigated by
implementation of the above measures. Although the
above mitigation measures shall be required to be
implemented in the conditions of approval for the
Project and in the agreements concerning development
of the Project, the Agency adopts a Statement of
Overriding Considerations with regard to the
cumulative impact of the Project on parks and
recreation facilities (See S~a~emen~ of Overriding
Considerations below).
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15. SOLID WASTE.
ao
Environmental Impacts.
Currently, the development within the Project Area
generates an estimated 15.5 tons of solid waste per
day. At buildout of the Plan, the Project is
expected to generate up to approximately 16.6 tons
per day, a net increase of up to 1.1 tons compared
to existing conditions. Given that municipal waste
landfills in Southern California are rapidly
approaching capacity, any increase in ~olid waste is
considered a significant environmental impact.
As new development occurs within the Project Area,
the amount of hazardous waste generated should
decrease, since heavy commercial and industrial uses
will be replaced by retail, commercial, office and
residential uses. However, these uses may be
relocated outside the Project Area. With no Class I
disposal facilities in the County, and only two
available regionally, any generation of hazardous
wastes places a burden on these regional Class I
facilities. Therefore, impacts are considered
adverse.
B ·
Mitiqation Measures.
1. Transportation of hazardous materials and
wastes to and from either users or generators
within the Project Area will be along routes
identified in the Orange County Hazardous Waste
Management Plan.
·
Ail hazardous waste will be disposed of using
required Federal and State procedures.
Where feasible, all new development in the
Project Area shall provide for and require
recycling of paper goods, cans, glass and other
recyclable materials.
·
Where feasible, all yard waste shall be used
for mulch or compost.
.
Where feasible, businesses shall be required to
use nondisposable, reusable items.
·
Businesses in the Project Area shall be
encouraged to use recycled paper and packaging,
where feasible.
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C. Finding of Significance.
16.
The Agency finds that implementation of the above
mitigation measures as conditions of approval and as
incorporated into the agreements concerning
development of the Project will mitigate any
significant solid waste impacts.
SANITATION.
A,
Environmental Impacts.
New development within the Project Area is expected
to increase sewage flows over existing conditions by
an estimated 337,000 to 447,000 gallons per day.
For every million gallons of water the facilities
treat, one milligram of biochemical oxygen demand is
added to the system. The District has indicated
that it is nearing the National Pollution Discharge
Elimination System (NPDES) permit limit and all
additional effluent treated impacts this system.
However, the District can utilize chemical treatment
to increase the efficiency of the plant in meeting
biochemical oxygen demand requirements. The Project
Area currently generates approximately 437,000
gallons of wastewater per day and will be expected
to generate approximately 785,000 to 895,000 gallons
upon buildout.
While the incremental impact of the Project is a
small percentage of treatment plant capacity, the
Fountain Valley and Huntington Beach plants are
close to their discharge limits for biochemical
oxygen demand. Therefore, the additional sewage
flow from new development in the Project Area is
considered a significant adverse impact.
B. Mitigation Measures.
The following upgrades of the water, storm
drainage and sanitary sewer system will be
completed as needed to support development:
a ·
Upgrade and install water lines in-Lincoln
Avenue from Brookhurst Street to Harbor
Boulevard.
be
Install and upgrade water lines in Euclid
Street from La Palma Avenue to Broadway.
C ·
Install and upgrade water lines in
Crescent Avenue from Mueller Street to
Loara Street.
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d ·
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Install and upgrade water lines in
Manchester Avenue from Lincoln Avenue to
Broadway.
Install and upgrade water lines in Loara
Street from I-5 Freeway to Lincoln Avenue.
Install and upgrade water lines in
Broadway from I-5 Freeway to Hessel Street.
Install and upgrade water lines in West
Street from North Street to Westmont Drive.
Install and upgrade water lines in North
Street from West Street to Citron Street.
Install water lines in the new street
connecting Penhall Way to Lincoln Avenue.
Miscellaneous abandonments and tie-ins.
Upgrade fire hydrants.
Construct new well.
Upgrade sewer lines in Lincoln Avenue from
Euclid Street to Broadview.
Install and upgrade sewer lines throughout
Project Area as necessary.
Conduct master plan drainage study.
Construct and upgrade storm drains along
Crescent Avenue.
Construct and upgrade storm drains along
Broadway.
Improvements to storm drainage system
throughout Project Area as necessary.
Upgrade sewer lines in Lincoln Avenue from
Manchester Avenue~to Euclid Street.
Upgrade sewer lines on Crescent.
Upgrade sewer lines on Manchester Avenue
and surrounding vicinity.
Upgrade pump regulators.
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C ·
·
The Redevelopment Agency shall fund a master
study of the sanitary sewer system serving the
Project Area. This study will be completed
before any major new development is permitted
%o be built within the Project Area.
·
Developments in the Project Area in excess of
an average sewer flow of 7,000 gallons per day
or a peak sewer flow of 0.027 cubic feet per
second shall not be issued a Certificate of
Occupancy unless the master plan of
improvements needed to provide adequate sewer
service to that development site has been
completed to the satisfaction of the Public
Works Department.
·
Each individual development shall have a sewer
study which must be reviewed and approved by
the City Engineer's Department. This study
shall include, but not be limited to, the
following information: existing and projected
wastewater flows, existing system capacity as
measured by flow meters over a period of seven
days, mitigation measures such as low-flow
showers, ultra-low-flush toilets, or offsets in
other projects which reduce the total volume
and load strength of effluent entering the
County system, and, if needed, mitigation
measures to upgrade existing sewer lines.
Building permits shall not be issued until such
a study has been approved by the City
Engineer. Certificates of Occupancy shall not
be issued until improvements have been
constructed and accepted by the City.
·
Ail new development in the Project Area shall
agree to pay fees for areawide sewer
improvements to be identified in the City's
sewer study currently under way for the Project
Area.
Findinq of Siqnificance.
The Agency finds that incorporation of the above
mitigation measures as conditions of approval for
the Project and as incorporated in the agreements
concerning development of the Project will result in
mitigation of sewage impacts to a level of
insignificance.
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17. WATER.
A. Environmental Impacts.
Current water demand is approximately 516,000
gallons of water per day. Future estimated water
usage could range from 920,000 to 1,070,000 gallons
per day, with a net increase over existing use of'
405,000 to 555,000 gallons per day.
The'increased intensity and change in land use will
call for improvements to the water transmission
system, including upgrading what will be an adverse
impact.
Current water supplies are adequate to meet future
demand of the proposed Project. However, due to
existing drought conditions in Southern California,
.any increase in water consumption is considered an
adverse impact.
Mitiqation Measures·
1. State laws will be enforced requiring
water-efficient plumbing fixtures, including
low-flush toilets and showers, in new
structures.
Those portions of Title 20 and Title 24 of the
California Administrative Code regarding water
consumption and conversation will be enforced.
·
The City Municipal Code prohibits irrigation
water from flowing onto public sidewalks or
streets.
·
Ail developments shall use drought resistant
plant materials for landscaping.
·
Ail non-turf landscaping shall be watered with
drip irrigation systems.
·
Public improvements proposed as part of the
Redevelopment Plan will include improvements to
the water transmission system. (See listing in
mitigation measure No. 1 in Section 16 -
Sanitation.)
C. Findinq of Siqnificance.
The Agency finds that incorporation of the above
mitigation measures as conditions of approval for
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18.
the Project and the agreements concerning
development of the Project will result in full
mitigation of drainage impacts to a level of
insignificance.
ELECTRICITY.
ae
Environmental Impacts.
Present use of electricity in the Project Area is
estimated at 80.7 million kilowatt hours per year.
Future use is estimated to range from 90 to 76
million kilowatt hours per year, a net decrease
compared to existing levels. However, actual
existing industrial use, which typically consumes
large amounts of electricity, could be lower than
estimated, since actual uses probably do not involve
manufacturing processes that use large amounts of
electricity. Since the projected annual electrical
power required for the Project is less than existing
usage, the City's electrical distribution system
connecting Lewis Substation to the Project Area is
adequate. Unless demand for electricity exceeds
Southern California Edison's current estimates for
its service area, electrical demand from the Project
Area should be neither an adverse nor a significant
impact.
B. Mitiqat~on Measures·
I ·
Ail new development shall comply with
California State Building Standards included in
Title 24 of the California Administrative
Code. This measure shall be enforced through
the City's regular building permit review
process.
·
If feasible, all developments within the
Project Area shall be served by an underground
electrical distribution system. Public
improvements proposed as part of the
Redevelopment Plan will involve undergrounding
of utilities.
·
If feasible, electrical distribution equipment
shall be low profile and mounted on concrete
pads,
C. Findinq of Significance.
The Agency finds that the impact of the Project on
electrical power service is potentially
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19.
insignificant or reduced to a level of
insignificance by implementation of the above
mitigation measures as conditions of approval and as
incorporated in the agreements concerning
development of the Project.
HUMAN HEALTH.
a.
Environmental Impacts.
The proposed Redevelopment Project does not
represent an unusual or unique risk of'explosion or
release of hazardous substances beyond that risk
typical of other similar commercial, industrial and
residential developments. In fact, if a site to be
redeveloped is contaminated, the contamination must
be remediated before the site can be redeveloped.
S .
Mitigation Measures.
·
Prior to development, all sites known or
suspected to contain toxic residue shall
undergo extensive soils testing to determine
the presence of such residues. If toxic
residues are discovered during testing, site
clean-up and waste disposal will be conducted
in conformance with all applicable loCal, state
and federal requirements.
Soils and material containing asbestos shall be
removed from attached sites before development
as prescribed by the California Office of
Safety and Health Administration, the South
Coast Air Quality Management District, and the
Environmental Protection Agency.
·
Underground storage tanks shall be abandoned as
required by the California State Water
Resources Control Board.
·
The City Fire Department and other disaster
response agencies will continue to maintain
route, depth, and shut-off information about
each pipeline which traverses the Project Area.
·
Any person who uses or handles a hazardous
material in connection with the Project shall
submit a disclosure form to the City Fire
Department, pursuant to ordinance No. 4683.
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C. Findinq of Siqnificance.
20.
II.
The Agency finds that the human health impacts of
the Project are potentially insignificant or reduced
to a level of insignificance by implementation of
the above measures as conditions of development of
the Project and as incorporated into the agreements
concerning the Project.
CULTURAL AND ARCHAEOLOGICAL RESOURCES.
A. .Environmental Impacts.
Since the Project Area has undergone extensive
development and is an urban area, the impact of
redevelopment on historic/archaeological resources
is neither adverse nor significant.
B ·
Mitioation Measures.
·
In the event of the discovery of human remains
there shall be no further excavation or
disturbance of the site or nearby areas
reasonably suspected to overlie adjacent human
remains until the County Coroner has been
notified, and if the remains are of Native
American origin, the procedures of Appendix K
of the CEQA Guidelines are followed.
In the event any artifacts of potential
significance are uncovered, a qualified
archaeologist shall evaluate the find.
Construction on this part of the site shall be
halted until the evaluation is complete and a
program for recovery or conservation (if
appropriate) has been developed.
C. Finding of Significance.
The Agency finds that the impact of the Project on
cultural and archaelogical resources is potentially
insignificant and is further reduced to a level of
insignificance by implementation of the above
measures as conditions of development of the Project
and as incorporated into the agreements concerning
development of the Project.
STATEMENT OF OVERRIDING CONSIDERATIONS.
Based on information set forth in the EIR and these
Findings of Fact, the Agency finds that the adverse
environmental impacts related to the impacts of
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(i) cumulative air quality, (ii) displacement of existing
residents and long-term hotel occupants resulting from
redevelopment activities, (iii) increased development
intensity and conflicting land uses (iv) incrementally
increased traffic resulting from new development,
(v) increased short-term noise levels resulting from
Project construction, and (vi) increased need for parks
and recreation facilities are significant environmental
impacts which cannot be entirely mitigated or avoided if
the Project is implemented.
However., these unavoidable significant effeCts of the
project are overridden by the benefits of the Project and
the considerations described below. Therefore, the
Agency hereby approves and adopts this Statement Of
Overriding Considerations'
I ·
.
The Redevelopment Project will remedy, remove and
prevent physical blight and economic obsolescence in
the Project Area.
The Redevelopment Project will expand the commercial
and residential base of the community through
assisting and promoting new and continuing private
sector investment.
·
·
The Redevelopment Project will encourage the
cooperation and participation of residents,
businesses, business persons~ public agencies and
community organizations in the redevelopment of the
Project Area.
The Redevelopment Project will address environmental
deficiencies including substandard vehicular
circulation systems, sewer and storm drainage
systems, and other similar public improvements.
·
The Redevelopment Project will improve and/or
provide utility services such as gas, electric and
telephone services where such deficiencies are
adversely affecting the Project Area.
·
The Redevelopment Project will remedy the existence
of inadequate drainage improvements that constrain
the development of various parcels in the Project
Area, the cost of which cannot be borne by private
enterprise acting alone.
·
The Redevelopment Project will provide an
opportunity to replan, redesign and redevelop areas
within the Project Area that are economically
stagnating and/or improperly utilized.
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·
The Redevelopment Project will recycle and/or
develop underutilized parcels to accommodate higher
and better economic uses thereby improving the
financial viability of the community as a whole.
·
The Redevelopment Project will provide a method to
achieve an environment reflecting a high level of
concern for contemporary urban design principles
including architecture and landscaping.
10. The Redevelopment Project will promote the creation
of new employment opportunities.
11. The Redevelopment Project will provide opportunities
for the expansion of the community's supply of
housing (on a citywide basis) including housing
opportunities for low and moderate income households.
12. The Redevelopment Project will provide an
opportunity to plan and implement new development
and infra- structure that will result in improved
service to the Project Area.
III. FINDINGS CONCERNING THE PROJECT ALTERNATIVES.
The Agency has considered each of the alternatives
presented in the Final EIR and finds those alternatives
infeasible based on economic, social and other
considerations as set forth below.
A. Infeasibility of Alternative A: No Project.
The No Project Alternative considers the impacts
associated with no additional new development
allowed in the Project Area. The No Project
Alternative would result in no additional impacts on
the physical environment as it presently exists in
the Project Area. These impacts are associated with
grading activities, alteration of existing drainage
patterns, water or air quality, and aesthetics.
Impacts on the urban systems would also be less
under this alternative. These impacts include
traffic, noise, utilities, sewage treatment, public
services, population, housing and recreation. No
additional consumption of natural resources such as
gas or water would result from this alternative.
This alternative may be considered environmentally
superior to the other scenarios because it imposes
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no additional demands on local facilities and
services and would not impact existing natural
systems and physical features.
Although the No Project alternative is considered
environmentally superior to the proposed Project,
its feasibility in relation to City goals, policies
and development trends is questionable. That is,
the City General Plan and zoning code provide for
more intense development of the Project Area than
currently exists,' and assumes that some form of
viable.urban development is the ultima~e and
intended use of the area. Adoption of the No
Project alternative would serve only to delay the
potential adverse impacts associated with
development of the Project site, such as increased
traffic, noise, air pollution, and natural resource
and energy consumption. This alternative, although
environmentally superior, is not in accordance with
adopted City policies and therefore is considered
infeasible. Furthermore, this alternative is not
considered feasible or desirable because of the
severe development limitations that would need to
potentially be placed on private property to keep
development at current levels.
This is a Redevelopment Project with the intention
of eradicating blight and blighted conditions which
is a declared public purpose. With the No Project
Alternative, the redevelopment tax increment
financing will not be available to assist in
construction and installation of necessary public
improvements in the Project Area. In fact, the
improvements would not be implemented.
Additionally, benefits to the residents and the City
in terms of increased employment and secondary
benefits will not be realized. Under this
alternative, abandoned, obsolete, and unattractive
commercial and residential facilities will be
expected to continue to exist in the Project Area,
maintaining an undesirable environment for the
development of new businesses and delaying the
improvement of the area. Accordingly, the Agency
finds the No Project Alternative infeasible.
Infeasibilit¥ of Alternative B: No Redevelopment
Project.
The No Redevelopment Project Alternative considers
what would be expected to occur in the Project Area
if the proposed Redevelopment Plan were not approved
and development of the area would occur as it is
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currently defined in the City of Anaheim General
Plan, at a pace commensurate with prevailing market
conditions. Because the Redevelopment Plan by law
must be consistent with the General Plan, the No
Redevelopment Project Alternative does not differ
from the proposed Project with regard to the
intended uses of the area. However, any development
that may occur under this alternative would be
expected to occur in response to private development
and market forces. Due to the lack of direct
Redevelopment Agency action, development would be
expected to occur at a much slower rate in the
Project Area than would be the case with the
adoption of the Redevelopment Plan. In addition,
development may occur on smaller sites with less
ability to assemble desirable sites to optimize site
design and access. Direct Agency action could
include property acquisition, relocation of existing
businesses and residences, site preparation, and
installation of'public infrastructure improvements
where necessary in order %o eliminate blight and
blight-influenced areas and to make the area
attractive to new development. Therefore, with no
Redevelopment Plan for the area, no benefits
associated with redevelopment would be undertaken in
an area that has been found to be blighted.
Because land use types, densities, and intensities
analyzed under the proposed Project throughout the
EIR could ultimately be developed under this
alternative, i.e, the General Plan, long-term
environmental impacts associated with this
alternative are considered to be similar to those of
the proposed Project. However, because
redevelopment tax increment financing would not be
available to pay for necessary public improvements
in the Project Area, this alternative would place a
heavier burden on the City for support of the land
use in the Project Area. In addition, without
Agency controls or direct involvement in the orderly
development of the area, and without the sales tax
increment that would be available to a redevelopment
project, the economic and aesthetic revitalization
would be unlikely to occur.
Under this alternative, abandoned, obsolete and
unattractive commercial and residential facilities
(as documented in the Preliminary Redevelopment
Plan) would be expected to continue to exist in the
Project Area for a longer period of time,
maintaining an undesirable environment for the
development of new business and delaying the
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Ce
D ·
improvement of the area. There would be no tax
increment or other agency funding of area
improvements. Accordingly, the Agency finds the No
Redevelopment Project Alternative infeasible.
Infeasibility of Alternative C: Expansion of Project
Area -- ULI Recommendations.
This alternative is based on the Urban Land
Institute (ULI) 1988 survey and recommended
expansions of the Project Area to include properties
north of Broadway between the Southern'Pacific
Railroad right-of-way and Euclid Street. Most of
the area is devoted to commercial and industrial
use, with a school at the northwest corner of
Broadway and Loara Street. Inclusion of this area
would add approximately 45 acres to the proposed
Project Area for a total of 280 acres. Based on
General Plan buildout, these additional 45 acres
could add 29 acres of industrial development, 54,880
square feet of commercial building, 5.1 acres of
school use and approximately 122 dwellings to the
Project Area.
The advantages of expanding the Project Area in this
location, relative t° the proposed Project, include
providing an opportunity for more cohesive
development north of Broadway from Euclid Street to
the I-5 freeway, and increased commercial revenues
to the City in business fees, sales tax and other
fees and taxes.
Because this alternative expands the boundaries of
the original Project Area and includes area
designated for additional development, impacts on
the natural and urban systems are expected to
increase. An expanded Project Area will increase
impacts on the natural system including grading, air
quality, natural resources and water and gas
consumption. Increased impacts on the urban
environment would also be expected including noise,
air pollution traffic, population, housing
utilities, public services, and light and glare.
Accordingly, the Agency finds the Expansion of
Project Area Alternative infeasible.
Infeasibility of Alternative D: Reduced Project Area.
In 1985, the Redevelopment Agency adopted a Project
Area that included less acreage than what is
currently proposed. At 235 acres, this alternative
is 115 acres less than the proposed Project. This
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E ~
reduced Project Area would result in a corresponding
decrease in total net development within the Project
Area compared to the proposed Project.
The Reduced Project Area Alternative has the
advantage of reducing the environmental impacts by
reducing the scope of development associated with
this Redevelopment Project compared to the proposed
Project. Because this alternative will result in
reduced project impacts compared to the proposed
Project, this alternative is considered to be
·
environmentally superior.
This is a Redevelopment Project with the intention
of eradicating blighted conditions, which is a
declared public purpose. A reduction in the
proposed Project Area boundaries would exclude areas
that evidence blight and blighting conditions, based
on the survey of the Project Area. Therefore, no
benefits associated'with redevelopment would be
undertaken in an area that has been found to be
blighted. Because redevelopment tax increment
financing will not be available to assist in the
construction and installation of necessary public
improvements outside this alternative's project area
boundaries, this alternative will place a burden on
the City for support of development outside the
project area. This burden includes delays in
construction of needed public improvements that may
not occur for a longer period of time, if at all.
Additionally, benefits to the residents and the City
of Anaheim in terms of increased employment and
secondary benefits will not be realized. Under this
alternative, abandoned, obsolete, and unattractive
development removed from this Project Area will be
expected to continue to exist, maintaining an
undesirable environment for the development of new
businesses and delaying the improvement of the
area. Accordingly, the Agency finds the Reduced
Project Area Alternative infeasible.
Infeasibility of Alternative E: Alternate Project Area
Location.
A major objective of a Redevelopment Plan is the
elimination of blight and blighting conditions within
an identified Project Area. The proposed Project Area
has been selected for redevelopment because findings
have been made that identify this specific area as a
blighted area in need of assistance. These findings
are documented in the Preliminary Plan for the Project
Area. The exact location and extent of an alternate
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redevelopment Project Area at an alternate location
would have to comply with criteria regarding blight
contained in the California Community Redevelopment
Law.
The selection of an alternate location would mean that
no benefits associated with redevelopment would be
undertaken in an. area that has been found to be
blighted. The alternative site would have to meet
Redevelopment Law requirements for blighting
conditions and influences. Redevelopment improvements
to the proposed Pro~ect Area include street and
infrastructure improvements, traffic flow improvements
and consolidation of property. Development in this
area would be expected to occur at a slower rate than
would be expected with redevelopment. Because this
alternative would not meet the basic objectives of the
proposed Project within the specified area, the Agency
finds the proposed Alternate Project Area Location
Alternative infeasible.
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EXHIBIT B
MITIGATION MONITORING PROGRAM
-[his mitigation monitoring program for the Plaza Redevelopment Project has
been prepared in compliance with Assembly Bill 3180 (California Public
Resources Code Section 21081.6) which became State Law on January 1, 1909.
The program includes mitigation measures for the project that the City of
Anaheim will adopt or make conditions of project approval in order to
~nitigate or avoid significant effects on the environment. .lhe program has
been designed to ensure compl.iance during project.implementation.'
fiC)NITORINI.~ I:H£CKLIST
Project mitigation measures, identified to mitigate or avoid significant
effects on the environment, will be incorporated into a checklist. Each
mitigation measure will be listed separately on the checklist with
appropriate spaces for monitoring the progress of implementation of each.
~nitigation measure. This checklist is the basis for the monitoring.
~rogram. Any information provided to the .City by the applicants for
individual development projects must be kept with the checklist in the
l~roject file for that project for the purpose of verification. A matrix
showing each mitigation measure, details of monitoring, and sanctions for
noncompliance is included at the end of this' section. The detailed list.
describing each mitigation measure follows the checklist.
MONITORING PROGRAM
2.1 Program-Level Mitigation Monitoring
-[he overall monitoring program for the redevelopment project will be
conducted by the Anaheim Community Redevelopment Agency, who will monitor
mitigation measures which apply to the Project Area as a whole, as
opposed to individual developments within the Project Area. For example,
the Agency will monitor completion of the Master Sewer Study for the
Project Area. The overall monitoring program includes measures to be
implemented as part of individual development projects which may take
place within the project area. Mitigation monitoring for these measures
will be managed through the City's development review process. A project-
level monitoring program must be carried out for each individual
development or public improvement project in the Redevelopment Project
Area. Many mitigation measures can be monitored through the City's
plancheck process. When an approved project with mitigation measures is
submitted for plancheck to the City, each plan checker will have a copy of
the.monitoring checklist. As each plan checker reviews the project plan,
the plans will be checked for compliance with each mitigation measure.
Yhe project specific measures are divided into project design and on-going
measures. Each category and sub-category requires different monitoring
techniques, but will be monitored using the checklist.
2.2 Project. Destgn l~tttgatton He~sures (Project Specific)
A~roject 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, lhese plans will be reviewed
for each mitigation meausure, and each mitigation measure shown on the
plans will be noted on the checklist and signed off. If a mitigation
measure is not shown, the plans will be sent for correctiens. Plans will
not be ~pproved 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 constructed project. Verification of compliance
will then be noted on the monitoring checkist and signed off, thereby
completing the process for that particular monitoring measure.
2.3 Ongoing ~ittg~tlon He~sures (Project Specific}
An ongoing mlti~ation measure is a measure that is associated with the
project over a period of time, such as dust control or landscape
~naintenance. I~onitoring of this type. of measure will be similar to that
described in Section 1.1, 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.
OUTSIDE CDNSULI'AE"T.S
~or cases in which compliance with a mitigation measure cannot be
verified through the plancheck process or the City-established inspection
process, or requires specialized expertise, an outside consultant may be
hired. The project proponent may hire outside consultants subject to the
City's approval, or the City will do so. Should +.he City hire
consultants, the City will collect a deposit from the project proponent for
the consultant services, as described in Section 6 of this program.
4. OTHER AGENCZE$
Honitoring'mitigation measures requested by other agencies will be the
responsibility of the requesting agency. The City will notify these
agencies which mitigation measures requested by these agencies have been
included in 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. HONITORING PROGRAI~ RECORDS
'Fhe overall program monitoring checklist will be maintained by the
Redevelopment Agency. lhe completed mitigation monitoring checklist for
each development project will be kept in the project file in the Planning
Department. lhese records will be available for public inspection upon
request. Any information provided to the City by the applicant or other
agencies for the purpose of verification must be kept with the checklist
in the project file.
·
$. I~ITIGATION MONITORING PROGRAM FEES
~.1 Processing Fee
'Fhe City may charge a project applicant for the actual cost to the City of
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.
~.2 ~;onsultant Fee
lhe cost associated with services of outside consultants will be paid by
the project applicant. A deposit may be required .by the City to be
applied towards the consultant services. Any unused portion of the
deposit will be refunded to the project applicant.
l. )lITIGATION ~IDNITORING PROGRAM AGREEMENT
The City may require an agreement from the project applicant for specific
development projects specifying the applicant's responsibility for the
monitoring program, including manner of payment, penalties for
noncompliance 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 relevant issues identified by the City.
DISPUTE RESOLUTION
In the event of a disagreement between the City and a project applicant
regarding the monitoring program, including manner of payment, penalties
for noncompliance and financial security arrangements, the following
procedure will be followed:
8.1 ~he Environmental Coordinator for the City shall attempt to
resolve the disagreement. If the disagreement cannot be
resolved, the Environmental Coordinantor shall prepare a report
documenting the source of the dispute and the City's position.
8.2 '~he Environmental Coordinator will take the report before the
Planning Commission, who will determine the resolution of the
disagreement.
8.3 The Project applicant shall be allowed to appeal the decision of
the Planning Commission to the City Council. The decision of the
City Council shall be final.
EXHIBIT B
HIYIGATION HONITORING PROGRAM
-This mitigation monitoring program for the Plaza Redevelopment Project h~s
toeen prepared in compliance with Assembly Bill 3180 (California Public
Resources Code Section 210B1.6) which became State Law on January 1, 1989.
'[he program includes mitigation measures for the project that the City of
Anaheim will adopt or make conditions of project approval in order to
~nitigate or avoid significant effects on the environment..lhe program has
:been designed to ensure compliance during project implemen{~tion.
]l. ~IONITORING
Project mitigation measures, identified to mitigate or avoid significant
effects on the environment, will be incorporated into ~ checklist. Each
mitigation measure will be listed separately on the checklist with
appropriate spaces for monitoring the progress of implementation of each
~nitigation measure. '[his checklist i~ the basis for the monitoring
Drogram. Any information provided to the City by the applicants for
individual development projects mu~t be kept with the checklist in the
~roject file for that project for the purpose of verification. A matrix
showing each mitigation measure, details of monitoring, and sanctions for
noncompliance is included at the end of this section. ,lhe detailed list
describing each mitigation measure follows the checklist. .~
~. HONITORINB PRO~RAM
2.1 Program-Level ~tittgatton I~onitoring
'[he overall monitoring program for the redevelopment project will be
conducted by the Anaheim Community Redevelopment Agency, who will monitor
mitigation measures which apply to the Project Area as a whole, as
opposed to individual developments within the Pro~ect Area. For example,
the Agency will monitor completion of the Master Sewer Study for the
~roject Area. '[he overall monitoring program includes measures to be
implemented as part of individual develo, pment projects which may take
place within the project area. Mitigation monitoring for these measures
will be managed through the City's development review process. A project-
level monitoring program must be carried out for each individual
development or public improvement project in the Redevelopment Project
Area. Many mitigation measures can be monitored through the City's
plancheck process. When an approved project with mitigation measures is
submitted for planch~ck to the City, each plan checker will have a copy of
the monitoring checklist. As each plan checker reviews the project plan,
the plans will be checked for compliance with each mitigation measure.
The project specific measures are divided into project design and on-going
~e:~sures. Each category and sub-category requires different monitoring
techniques, but will be monitored using the checklist.
2.2 Project Design tttttg~tton l~e~ures {Project Specific)
A ~roject design mitigation ~e~sure is ~ measure that ~ill be incorporated
into the project design, for example: provision of a retention basin or
~onstruction of an acoust(cal barrier. Such measures will normally
shown on the building ~nd/or grading plans, lhese plans will be revie~'~d
for each mitigation me~usure, ~nd each mitigation measure shown on the
plans will be noted on the checklist and signed off'. If a mitigation
me~sure is not shown, the plans will be sent for corrections- Plans will
not be ~pproved 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 pKoof that
~ach ~itigation measure shown ~n the plans has been installed or
incorporated into the constructed project. Verification of compliance
will then be noted on the monitoring checkist and signed off, ~thereby
~mpleting the pr~ce~s ~r that particular monitoring measure.
2.3 13ngotng l~ittg~tlon l~e~sures (Project Specific}
An ongoing mitigation ~e~sure is a me~sure that is associated With the
~roject over a period of time, such as dust control or l~ndscape
~aintenance. I~onit~ring of this type. of me~sure will be similar to that
described in Sect(on 1.1, except that the status of each' mitigation measure
will be noted ~t various times on the checklist, until monitor4ng is no
longer needed. ~he project proponent may be required to submit periodic
~eports to the City on the status of this type of mitigation measure.
3. OUTSIDE CDltSULI'ANTS
~or c~s,s in which compliance with a mitigation measure cannot be
verified through the pl~ncheck process or the City-established inspection
process, or requires specialized expertise, an outside consultant may be
hired. The project proponent may hire outside consultants subject to the
City's approval, or the City will do so. Should +.he City hire
consultants, the City will collect a deposit from the project proponent for
tha consultant services, ~s described in Section 6 of this program.
4. OTHER AGEH:I£S
t~onitoring' mitigation measures requested by other agencies will be the
responsibility of the requesting agency. The City will notify these
agencies which mitigation measures requested by these agencies have been
included in projeCt approval. The agencies will then submit a proposed
~onitoring program to the City. These agencies will inform the City in
~riting when monitoring is complete.
B. MONITORING PROGRAM RECORDS
-~he overall program monitoring checklist will be maintained by the
Redevelopment Agency- The completed mitigation monitoring checklist for
each development project will be kept in the project file in the Planning
Department. These records will be available for public inspection upon
request. Any information provided to the City by the applicant or other
agencies for the purpose of verification must be kept with the checklist
in the project file.
$. MITIGATION MONITORING PROGRAH FEES
6.1 Processing Fee
-~he City may charge a project applicant for the actual cost to the City of
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.
6.2 Consultant Fee
'~he cost associated with services of outside consultants Will be paid by
the project applicant. A deposit may be required by the City to be
applied towards the consultant services. Any unused portion'of the
deposit will be refunded to the project applicant.
7. MITIGATION MONITORING PROGRAM AGREEMENT
The City may require an agreement 'from the project applicant for specific
development projects specifying the applicant's responsibility for the
monitoring program, including manner of payment, penalties for
noncompliance 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 relevant issues identified by the City.
DISPUTE RESOLUTION
In the event of a disagreement between the City and a project applicant
regarding the monitoring program, including manner of payment, penalties
for noncompliance and financial security arrangements, the following
procedure will be followed-
B.1 ~he Environmental Coordinator for the City shall attempt to
resolve the disagreement. If the disagreement cannot be
resolved, the Environmental Coordinantor shall prepare a report
documenting the source of the dispute and the City's position.
8.2 7he Environmental Coordinator will take the report before the
Planning Commission, who will determine the resolution of the
disagreement.
8.3 '~he Project applicant shall be allowed to appeal the decision of
the Planning Commission to the City Council. The decision of the
City Council shall be final.
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