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HomeMy WebLinkAbout89-110RESOLUTION NO. 89- 110 REL:mb(6) 10/12/89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MAKING CERTAIN FINDINGS REGARDING THE ENVIRONMENTAL IMPACTS OF THE PROPOSED REDE- VELOPMENT PLAN, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, the Santa Ana Community Redevelopment Com- mission (the "Commission") has prepared an Environmental Impact Report (the "EIR") for the proposed Redevelopment Plan for the Bristol Corridor Redevelopment Project; and WHEREAS, the draft EIR has been prepared and circu- lated pursuant to the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the Community Redevelop- ment Agency of the City of Santa Ana's Procedures for Implemen- tation of CEQA and the State CEQA Guidelines (the "Agency's Procedures"); and WHEREAS, a duly noticed public hearing was held by the Commission on April 5, 1988, on the EIR at which all interested persons were given an opportunity to be heard; and WHEREAS, the final EIR, relating to the proposed Rede- velopment Plan for the Bristol Corridor Redevelopment Project and responding to the concerns raised during the review period and at the public hearing, has been prepared pursuant to CEQA, the State CEQA Guidelines, and the Agency's Procedures; and WHEREAS, the Commission at its meeting of December 20, 1988 adopted Resolution No. 88-19 certifying that the said final EIR was completed in compliance with CEQA, the State CEQA Guide- lines, and the Agency's Procedures; and WHEREAS, the City Council of the City of Santa Ana (the "City Council") has reviewed and considered the information contained in the final EIR for the proposed Redevelopment Plan for the Bristol Corridor Redevelopment Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: 1. The City Council certifies that the information con- tained in the final EIR for the proposed Redevelopment Plan for the Bristol Corridor Redevelopment Project has been reviewed and considered by the members of the City Council. 2. The "Findings of Fact Regarding Significant Environ- mental Effects" set forth in Exhibit A, attached hereto and incorporated herein, are hereby approved and adopted by the City Council. RESOLUTION NO. 89-110 PAGE TWO 3. The City Council further finds and determines that any and all unavoidable significant environmental effects of the Bristol Corridor Redevelopment Project are acceptable for the reasons set forth in "Statement of Overriding Considerations," attached hereto as Exhibit B, and incorporated herein. 4. The City Council hereby authorizes and directs that a Notice of Determination with respect to the EIR pertaining to the approval of the Redevelopment Plan and all other actions in further thereof be filed. ADOPTED this 20th day of November , 1989. ATTEST: 'D~iel H. ~oung/ Mayor U ~ C~len ri~ eo~ ' t ~Y~ ou/n c ~/-~ COUNCILMEMBERS: Young Aye Acosta Aye Griset ~ May ~ McGuigan ~ Norton ~ Pulido ~ APPROVED AS TO FORM: Edward vJ ~.~o~oper City At t o r~h~y IBIT. A FINDINGS OF FACT REGARDING SIGNIFICANT ENVIRONNENTAL EFFECTS UNDER PROVISIONS OF CEQA STATUTES 21081 AND CEQA GUIDELINES SECTION 15091 REDEVELOPMENT PLAN FOR THE BRISTOL CORRIDOR REDEVELOPMENT PROJECT In accordance with the provisions of the California Environmental Quality Act (CEQA) Statutes Section 2108! and CEQA Guidelines Section 15091, the Community Redevelopment Agency of the City of Santa Anafinds as follows: The above referenced project has the potential to result in significant environmental impacts on air quality, land use, traffic/circulation, earth, flood, noise, light and glare, population, housing,' schools, water, storm drainage, and recreation, as identified in the Final Environmental Impact Report for the project dated November 29, lg88. Mitigation *measures have been required in; or incorporated into, the project which avoid or substantially lessen the significant impacts as identified in the EIR with the exception of air quality, land use, and traffic/circulation. A. UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS 1. Air quality Impact Summary. Because the project will permit and encourage the continued development of land within the project area in accordance with the General Plan, development in accordance with the project will result in greater air pollutant emissions than the case in which no development were to take place in the project area. This development occurs in a region which does not now meet the National Ambient Air Quality Standards and is not expected to meet these standards at any time in the foreseeable future. Air pollutant emissions genereted by development within the project area exceed the threshold criteria for significance suggested by the South Coast Air Quality Management District. Mitigation Measures. With regard to air quality impacts, mitigation measures have been required in, or incorporated into, the project which substantially lessen the significant environmental impacts. Although the mitigation measures identified will result in some reduction in project generated air pollutant emissions, the proposed project will continue to produce pollutants above the threshold criteria for significance suggested by the South Coast Air Quality Nanagement District for all pollutants monitored. These mitigation measures include: a. Existing streets will be improved where only partial improvements exist to the extent redevelopment fuRds are available. Adequate watering techniques w~l be employed to partially mitigate the impact of construction-generated dust particles. Construction equipment wilt be properly maintained and serviced to minimize exhaust emissions. --18,1 South Coast Air Quality Management District Rule 403 will be adhered to, insuring the clean-up of construction-related dirt on approach routes to construction sites. The use of energy efficient lighting along Bristol Street (low pressure sodium vapor lights) shall be considered to reduce emissions at the power plant servicing the area. f. Traffic signals along Bristol Street shall be synchronized. g. Construction activities shall be halted during local Stage Two smog alerts. h. Transportation System Management (TSM) Plan shall be developed to reduce tripmaking. Other changes are within the responsibility and jurisdiction of the South Coast Air Quality Management District and the U.S, Environmental Protection Agency. These agencies are concerned with reducing the cumulative air pollution effects of growth in the region and include measures adopted by these agencies to steadily improve vehicle emission requirements and emission controls on stationary air pollution sources. 2. Land Use Impact Summary. The proposed project will result in more intensive use of the project area than currently exists. Intensification will result in the loss Of some existing businesses and residential units as a result of implementation of the proposed Redevelopment Plan and changes in land use designations. This increased development may not, in some locations, be compatible with adjoining residential uses and may generate conflicts, such as traffic, noise, bulk and height of structures at the residential/commercial interface. Presently vacant land will be irretrievably committed to urban uses. Mitigation Measures. With regard to-land use impacts, mitigation measures have been required in, or incorporated into, the project which will avoid or substantially lessen the significant environmental effects as identified in the EIR. Although the mitigation measures identified in the EIR will lessen project impacts, the increased development and intensity of development over existing conditions cannot be fully mitigated. These mitigation measures include: The Agency may choose to exercise additional control over development through adoption of a design guide for the project area, parts of the project area, or specific development parcels. bo Additional mitigation measures to reduce potential land use conflicts at the residential/commercial interface include the construction of walls to screen development; the use of landscaping; and setback requirements included in the zoning ordinance. --133 With regard to changes in land use or existing development, the proposed Redevelopment Plan will be consistent with the General Plan as it currently exists or may from time to time be amended. 3, Traffic/Circulation Impact Summary. Increases in traffic volumes have the potential to reduce intersection levels of service below an acceptable level. Mitigation Measures. With regard to traffic/circulation impacts, mitigation measures or alterations have been required in, or incorporated into, the project which avoid or substantially lessen significant environmental impacts as identified in the EIR. Th~se mea~ums include street widening, restriping, signal medification/coordination, and parking restrictions as described in measures ! and 16 through 38 in Section 3.13 Transportation/Circulation of the Final EIR. These measures are hereby incorporated by reference. Additional mitigation measures within the project area are under the jurisdiction of the City of Santa Ana and are originally included in the Bristol Street Widening Project EIS/EIR (measures 2 through 15 in Section 3.13 Transportation/Circulation of the Final EIR for this redevelopment project). Without these measures, the proposed Redevelopment Plan cannot be mitigated to less than significant levels. B. SIGNIFICANT EFFECTS WHICH CAN BE AVOIDED OR SUBSTANTIALLY LESSENED 1. Earth Impact Summary. The location of the project area in southern California exposes people to the potential for groundshaking in the event of an earthquake. Increased employment and development within the project area will expose additional people and structures to this potential hazard. Mitigation Measures. With regard to earth/seismic impacts, mitigation measures have been required in, or incorporated into, the project which will avoid or substantially lessen the significant effects as identified in the EIR. These measures include: All construction and development within the project area will be in compliance with applicable City and State statutes, codes, ordinances and regulations. b. Soil and geologic studies will be required for development on an individual basis and deficiencies corrected,~if necessary. Straw or other suitable materials will be placed over uncovered soils, as needed, during construction activities to reduce erosion potential. 3 134 Temporary culverts, ditches, catch basins, dams and settling ponds will be installed where needed during construction activities to maintain drainage flows and to collect excess water and sediments flowing out of construction sit~s. Sediments collected will be disposed of at a Class II or Class III disposal site. 2. Fl,po~ Impact Summary. A portion of the project area is located within the Santa Ana River channel and portions of the project area are located within the designated lO0-year flood zone. Increased development in these areas will be at some risk. Hitiqation Nemsures. With regards to flood impacts, mitigation measures have been required in, or incorporated into, the project which avoid or substantially lessen the significant effects as identified in the EIR. These measures include project improvements to the storm drain system which are included as part of the proposed project to the extent redevelopment funds are available. The Federal Flood Insurance Agency (FIA) may require additional mitigation measures to qualify for federal insurance programs including requirements that all structures built within the flood hazard area must have the first habitable floor elevated above the surface level of flooding and demonstration that the cumulative impact of proposed development would not raise the depth of flooding by more than one foot at any point in the community. 3. Noise Impact Summary. Project-generated traffic will result in minor increases in ambient noise levels. Residential units previously screened from street noise may be exposed to higher noise levels as a result of street widening and demolition of existing structures. Construction related noise may reach .significant levels in the short term. Hitigation Heasures. With regard to noise impacts, mitigation measures have been required in, or incorporated into, the project which ~void or substantially lessen the significant effects as identified in the EIR. These measures include: a. Construction activities will take place only during the hours specified in the City of Santa Aha Noise Control Ordinance. b. To the extent feasible, construction activities will be screened from adjacent noise-sensitive landuses. c. All construction equipment shall be equipped with properly operating and maintained muffler exhaust systems. d. Stationary equipment shall be placed such that emitted noise is directed away from sensitive noise receptors. * Any residential barriers that are removed in conjunction with Agency action shall be replaced with barriem at least six feet in height. Where structures providing a sound barrier are removed by the project and new barriers cannot be constructed because of site design considerations, sound insulation for existing residential structures shall be provided by the developer to meet the interior noise levels of the California State Sound Insulation Standards. g. Sound insulation will be included in all new multi-family residential construction as required by State law. With regard to noise impacts resulting from the Bristol Street Widening Project, the City of Santa Ana will construct barriers where required, at the City's expense. 4. Light and GlarA. Impact Summary. Increased lighting, both in terms of intensity and level, will result from implementation of the proposed Redevelopment Plan. Mitigation Measures. With regard to light and glare impacts, mitigation measures have been required in, or incorporated into, the project which avoid or substantially lessen the significant effects as identified in the EIR. These measures include: a. New street lights shall utilize cut-off luminaries to minimize light spillover to residences. The City's and Agency's design review of all private projects shall include review of lighting plans to ensure minimal spillover. c. Building construction shall avoid excessive amounts of reflective glass that will create glare, for motorists or residents. 5. Population Impact Summary: The provision of additional employment opportunities within the pro3ect area has the potential to encourage population growth in the project's housing and employment market area. Implementation of the proposed Redevelopment Plan could increase employment in the project area by 45 percent. Mitigation Measures. With regard to population impacts, mi:igation measures have been required in, or inco~orated into, the project which avoid or substantially lessen these significant effects as identified in the EIR. Th~e measures include phasing development over the 35-year life of the Re~.ve~ ~ment Plan in order to allow a gradual increase in employmen; ,~ith,n the project area. 5 6, Housina Impact Summary. Implementation of the Redevelopment Plan will result in the intensification and reassembly of eXiSting commercial uses, and the introduction of office uses. These changes in land use will result in the potential loss of approximately 348 existing residential units. Many of these homes represent existing non-conforming uses, while providing housing for low and moderate income households. Mitiqetion Measures. With regard to housing, mitigation measures have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. These measures include: State law requires that 20 percent of the tax increment revenue generated by redevelopment in the project area shall be set aside for low and moderate income housing. These funds are available to benefit low and moderate income housing throughout the City. be For those housing units displaced, State law requires the Agency to pay fair market price for the units, and to pay relocation costs and differential costs of finding an equivalent unit and financing. c. All low and moderate income units removed will be replaced on a one-for-one basis, as required by State law. de Within the project area, 15 percent of the housing developed or rehabilitated by public or private entities will be for affordable housing. Not less than 40 percent of this 15 percent will be available to very low income persons or families. 7. Schools Impact Summary. Increased employment and housing generated by the proposed project may be expected to.add additional school-aged children to an already overcrowded school system. Mitigation Measures. With regard to school impacts, mitigation ~easures have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. These measures include: The Agency may decide to use tax increment money required by law to benefit low and moderate income housing in an area of the City where the District is experiencing less overcrowding, if such an area exists. be The Agency may choose to improve existing housing or provide senior housing, both of which will not further impact the school system. 137 With regard to additional funding for school fact]tries, the Santa Aha School District will directly levy school impact fees, dedications, or other requirements for temporary or permanent facilities construction. Schools also receive State funding. If new schools or classrooms are required as a result of the project, funding wi]] be available from the state program to provide these facilities. 8. Water Impact Summary. Increases in development intensity within the project area will create an additional demand on City water supplies. Mitioation Measures. With regard to water consumption, mitigation measures have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the EIR. These measures include: a. Water mains will be installed in selected areas as part of the project to the extent redevelopment funds are available. State laws require the installation of water efficient plumbing fixtures, including low or ultra-low flow teilets and showers in new structures. Relevant sections of Title 20 and Title 24 of the California Administrative Code regarding water consumption and conservation will be enforced. 9. Storm Drainaqe Impact Summary. Increased coverage of the area with impervious surfaces will increase the speed and amount of runoff from the project area. Current City and County drainage facilities contain deficiencies and require improvements. Mttlqation Measures. With regard to .storm drainage, mitigation measures have been required in, or incorporated into, the project which avoid or substantially lessen significant environmental effects as identified in the EIR. Improvements to the City storm drain system are included as part of the project to the extent redevelopment funds are available. Development will also be phased over the lifetime of the Redevelopment Plan as improvements to the storm drain system are implemented. lO. Recreation ]moact Summary. Increased housing and population within the project area will increase demand on existing recreational facilities. Mitigation Measures. With regard to recreation impacts, mitigation measures have been required in, or incorporated into, the project which avoid or substantially lessen significant environmental impacts as identified in the EIR. These ~asures i~clude setting aside undevelopable surplus land from street widening for open space and linear parks. The School District is proposing two additional elementary schools within the project area and the District will be encouraged to consider the development of additional recreation areas at these sites. C. ALTERNATIVES Alternatives to the proposed project were considered, but specific economic, social or other considerations make infeasible these alternatives. These alternatives were found to be infeasible for the following reasons: No Project Alternative The specific alternative of "no project" has been evaluated but is unacceptable because it would not allow implementation of a redevelopment project with the intention of eradicating blighted conditions which is a declared public purpose. Because redevelopment tax increment financing will not be available to assist in construction and installation of necessary public improvements in the project area, this alternative will place an economic burden on the City for support of the land use in the project area. Benefits to the residents and the City of Santa Ana in terms of increased tax revenue, increased employment, and secondary benefits will not be realized. 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. Street Wideninq Only The specific alternative of widening iBristol Street without redevelopment has been evaluated but is unacceptable because it would not meet the basic intention of redevelopment by eradicating blighted conditions which is a declared public purpose. Because redevelopment funding would no~ be available for street widening, alternate sources of funding would be required. Alternative funding has not been identified and stree~ widening could be substantially delayed at additional costs. Benefits to the residents and the City of Santa Ana in the form of increased tax revenue and employment opportunities would not be realized. 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 area improvement. Reduced Intensity of the Pro, oct Area The specific alternative of reduced intensity of the project area has been evaluated but is unacceptable because it would restrict development potential below levels allowed in the project area and will prevent the land from reaching its full development potential. Because less increase in property values would result in the project area, less income to the Agency for public improvements would be available. Reduced project Size The specific alternative of reduced 9roject size has been evaluated but is unacceptable because it would not fulfill the objective of redevelopment which is the elimination of blight, a declared public purpose. By eliminating parcels from the project area, the entire area identified as blighted would not be expected to benefit from redevelopment, and pockets or sections would continue to be undesirable for new development creating potential visual and land use conflicts. Alternative Fundinq Mechanisms The specific alternative of alternative funding mechanisms has been evaluated and is considered unacceptable because, although alternative funding mechanisms may exist, these funding sources cannot be assured and the scheduled improvements necessary for redevelopment may be substantially delayed and hamper other redevelopment efforts. Alternative Land Uses The specific alternative of alternative land uses has been evaluated and in unacceptable because this alternative would result in a Redevelopment Plan that is inconsistent with the City's General Plan. Alternate Location The specific alternative of alternatiye project location has been evaluated and is unacceptable because the benefits associated with redevelopment would be unavailable to this area already selected for redevelopment because findings have been made that identify this area as blighted and in need of assistance. Other areas of the Cit~ in need of redevelopment have already been included in other redevelopment project areas. 140 EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS IN ACCORDANCE WITH CALIFORNIA ENVIRONNENTAL QUALITY ACT GUIDELINES SECTION 15093 BRISTOL CORRIDOR REDEVELOPMENT PROJECT In accordance with the California Environmental Quality Act (CEQA) Statutes Section 21002 and CEQA Guidelines Section 15093, the Community Redevelopment Agency of the City of Santa Ana finds as follows: Approval of the above referenced project allows the occurrence of significant effects which are identified in the Final EIR and are not substantially mitigated. Specifically, (1) the project will generate air pollutants Which exceed the South Coast Air Quality Management District suggested threshold criteria for significance in a region that ~oes not meet the National Ambient Air Quality Standards for ozone; (2) the project will result in the intensification of development compared to existing conditions which will result in the loss of some existing businesses, the irretrievable commitment of vacant land to urban uses, and may not, at some locations, be compatible with adjoining residential uses; and {3) the traffic generated by the project will result in significant impacts along Bristol Street and major east-west arterials. The following benefits of the project have been evaluated by the Community Redevelopment Agency, and following due consideration, have been found to outweigh the environmental risks of the project: The project, as proposed, will allow the Redevelopment Agency to eliminate blight and blighting conditions identified within the project area. bo The project, as proposed, will allow the Redevelopment Agency to promote the suitable development of the project area by assembly of appropriate sites for new dey~lopment, which will increase the property tax base and revenues to the Community Redevelopment Agency, as well as potentially increasing.revenues to the City's General Fund. The project, as proposed, will allow the Redevelopment Agency to provide necessary public improvements, and incorporate thematic signage and landscaping that would create a more suitable environment to encourage private development. The proposed project will improve the quality of life for people living and working within the project area by improving the seismic and fire safety by constructing buildings to current safety standards. 479.c 141 The proposed project, as proposed, will include the development of linear parks along Bristol Street which will increase the active and passive recreational opportunities for the public. Based upon the final EIR and other documents and information in the record with respect to the Bristol Corridor Redevelopment Project, all remaining, unavoidable significant effects of the proposed Redevelopment Plan are overridden by the benefits of the project.