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2. Introduction Anaheim General Plan and Zoning Code Update EIR City of Anaheim • Page 2-1 2.1 PURPOSE OF THE ENVIRONMENTAL IMPACT REPORT The California Environmental Quality Act requires that all State and local governmental agencies consider the environmental consequences of projects over which they have discretionary authority prior to taking action on those projects. This DEIR has been prepared to satisfy CEQA, as set forth in the Public Resources Code Section 21000, et. seq. and the State CEQA Guidelines, Chapter 14 of the California Code of Regulations, Section 15000, et. seq. Pursuant to CEQA Section 21067, the Lead Agency means “the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment.” The City of Anaheim has the principal responsibility for approval and implementation of the proposed General Plan and Zoning Code Update EIR project. For this reason, the City of Anaheim is the CEQA Lead Agency. The intent of the EIR is to provide sufficient information on the potential environmental impacts of the proposed General Plan and Zoning Code Update to allow the City to make an informed decision regarding approval of the project. Specific discretionary actions to be reviewed by the City are described later in Section 4.4, Intended Uses of this DEIR. The overall purpose of this DEIR is to inform the lead agency, responsible agencies, decision makers and the general public of the environmental effects associated with implementation of the proposed General Plan and Zoning Code Update. This DEIR addresses the potential environmental effects of the project, including effects that may be significant and adverse, evaluates alternatives to the project and identifies mitigation measures to reduce or avoid adverse effects. 2.2 NOTICE OF PREPARATION AND INITIAL STUDY The City of Anaheim determined that an EIR would be required for this project and issued a Notice of Preparation (NOP) and Initial Study of Environmental Impact on April 16, 2003 (See Appendix Comments received during the public review period, which extended from April 16, 2003 to May 15, 2003 are contained in Appendix B. The NOP process is used to help determine the scope of the environmental issues to be addressed in the DEIR. Based on this process and the Initial Study for the project, certain environmental categories were identified as having the potential to result in significant impacts. Issues considered “potentially significant” are addressed in this DEIR. Issues identified as “less than significant” or “no impact” are not addressed beyond the discussion contained in the Initial Study. Readers may refer to the Initial Study in Appendix A for a discussion on the basis for these initial determinations. 2.3 SCOPE OF THIS DEIR Based upon the Initial Study and Environmental Checklist Form, the City of Anaheim staff determined that an EIR should be prepared for the proposed project. The scope of the Draft Environmental Impact Report (DEIR) was determined based upon the City’s Initial Study, comments received in response to the NOP, and comments received at the scoping meeting conducted by the City. Pursuant to Sections 15126.2 and 15126.4 of the State CEQA Guidelines, the EIR should identify any potentially significant adverse impacts and recommend mitigation that would reduce or eliminate these impacts to levels of insignificance. ---PAGE BREAK--- 2. Introduction Page 2-2 • The Planning Center May 2004 The information contained in the Project Description establishes the basis for analyzing future project- related environmental impacts. However, further environmental review by the City may be required as more detailed information and plans, are submitted on a project by project basis. This DEIR has been prepared to evaluate potentially significant impacts associated with implementation of the proposed General Plan and Zoning Code Update. General Plan Goals and Policies, Existing Codes and Regulations and Mitigation Measures have been identified to either reduce or eliminate potentially significant impacts. For purposes of environmental analysis in this DEIR, the focus of the environmental impact analysis is on those areas in which physical changes to the existing environment are proposed that may result in environmental impacts, areas where land use changes are proposed), and development and improvement activities consistent with General Plan and Zoning Code Update. In addition, the DEIR describes a range of reasonable alternatives to the project which could feasibly attain the basic objectives of the project, while substantially avoiding or lessening any of the significant impacts of the proposed project, and evaluates the comparative merits of the alternatives and the proposed project. 2.3.1 Impacts Considered Less Than Significant One environmental impact category is identified here as not being significantly affected by, or affecting the proposed project and as such are not discussed in detail in this DEIR. This determination was made by the City of Anaheim Planning Department in its preparation of the Initial Study. The following topical issue is not addressed in the DEIR: • Agricultural Resources 2.3.2 Potentially Significant Adverse Impacts Fifteen environmental factors have been identified as potentially significant impacts if the proposed project is implemented. These factors are: • Aesthetics • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Relevant Planning • Mineral Resources • Noise • Police and Fire • Population and Housing • Public Services and Facilities • Recreation • Traffic and Circulation ---PAGE BREAK--- 2. Introduction Anaheim General Plan and Zoning Code Update EIR City of Anaheim • Page 2-3 2.3.3 Unavoidable Significant Adverse Impacts This DEIR identifies three unavoidable adverse impacts, as defined by CEQA, that would result from implementation of the proposed project. Unavoidable adverse impacts may be considered significant on a project-specific basis, cumulatively significant, and/or potentially significant. Potentially significant impacts are those that fall within the responsibility of another agency and implementation of the mitigation measures cannot feasibly be assured by the City. If the City, as the Lead Agency, determines that unavoidable significant adverse impacts will result from the project, the City must prepare a "Statement of Overriding Considerations" before it can approve the project. A Statement of Overriding Considerations states that the decision-making body has balanced the benefits of the proposed project against its unavoidable significant environmental effects and has determined that the benefits of the project outweigh the adverse effects and, therefore, the adverse effects are considered to be acceptable. The impacts that were found in the DEIR to be significant and unavoidable are: • Air Quality • Noise • Traffic and Circulation 2.4 INCORPORATION BY REFERENCE Per Section 15150 of the State CEQA Guidelines, an EIR may incorporate by reference all or portions of another document which is a matter of public record or is generally available to the public. Nine previously prepared documents which are either generally related to the proposed project or for projects located in the City of Anaheim were relied upon or consulted in the preparation of this DEIR. These documents are: • City of Anaheim, Anaheim Stadium Master Land Use Plan, March 1999. • City of Anaheim, adopted General Plan, July 1984. • City of Anaheim, FEIR No. 311 and Addendum for The Disneyland Resort Specific Plan No 92-1 (SCH #91051055) and adopted Modified Mitigation Monitoring Program No. 0067, October 1996 and approved Mitigated Negative Declaration and Mitigation Monitoring Plan No. 004, July 1999. • City of Anaheim, FEIR No. 313 for The Anaheim Resort Resort® Specific Plan (SCH #91091062) and adopted Mitigation Monitoring Program No. 0085, August 1994 and adopted Validation Report, 1999. • City of Anaheim, FEIR No. 320 for the Anaheim Sports Center (SCH #95041029), May 1996. • Cotton/Beland/Associates, Inc., Final EIR – Commercial/Industrial Redevelopment Project (SCH# 93051059/EIR #318), City of Anaheim Redevelopment Agency, November 1993. • County of Orange, Final EIR/EIS for the County of Orange Central/Coastal NCCP/HCP (Final Program EIR No. 553); SCH Number 93071061. • LSA Associates, Inc., Mountain Park FEIR EIR No. 302 (SCH #90010720) and adopted Mitigation Measures, September 18, 1991. • Michael Brandman Associates, Anaheim Stadium Area Master Land Use Plan FEIR No. 321 (SCH #9611041) and adopted Mitigation Monitoring Program No. 106, January 20, 1999. ---PAGE BREAK--- 2. Introduction Page 2-4 • The Planning Center May 2004 This DEIR also relies upon previously adopted regional and statewide plans and programs, agency standards, and background studies in its analysis, such as the City’s General Plan and Zoning Code, the South Coast Air Quality Management District’s (SCAQMD) Air Quality Management Plan, SCAQMD’s CEQA Air Quality Handbook, and the County of Orange Central/Coastal NCCP/HCP. Whenever existing environmental documentation or previously-prepared documents and studies are used in the preparation of this DEIR, the information is summarized for the convenience of the reader and incorporated by reference. In addition, each section which relies upon previously adopted plans, programs, environmental documentation, and background studies notes how it specifically relates to the proposed project and that the information has been reconfirmed. These documents and other referenced source material in this DEIR will be made available to the public for inspection at the City upon request. 2.5 FINAL EIR CERTIFICATION This DEIR is being circulated for public review for a period of 45 days. Interested agencies and members of the public are invited to provide written comments on the DEIR to the City at the address shown on the title page of this document. The DEIR is available to the general public for review at the following locations: • City of Anaheim Planning Department • Anaheim Public Libraries and associated branches − Canyon Hills Library 400 Scout Trail Anaheim, CA 92807 Telephone: (714) 974-7630 − Central Library 500 W. Broadway (at the corner of Harbor & Broadway) Anaheim, CA 92805 Telephone: (714) 765-1880 − Euclid Library 1340 S. Euclid Ave. (2 blocks south of Ball Road, next to fire station) Anaheim, CA 92802 Telephone: (714) 765-3625 − Haskett Library 2650 West Broadway Anaheim, CA 92804 Telephone: (714) 821-0551 − Sunkist Library 901 South Sunkist Ave. (between Lincoln & Ball) Anaheim, CA 92806 Telephone: (714) 765-3576 • Web page, www.anaheim.net/generalplan. Upon completion of the 45-day review period, the City of Anaheim will review all written comments received and prepare a written response for each comment. A Final EIR will then be prepared incorporating all of the comments received, responses to the comments and any changes to the DEIR ---PAGE BREAK--- 2. Introduction Anaheim General Plan and Zoning Code Update EIR City of Anaheim • Page 2-5 that result from the comments received. The Final EIR will then be presented to the City Council for potential certification as the environmental document for the project. All persons who commented on the DEIR will be notified of the availability of the Final EIR and the date of the public hearing before the City Council. 2.6 ISSUES TO BE RESOLVED Section 15123(b)(3) of the CEQA Guidelines requires that an EIR contain issues to be resolved including the choice among alternatives and whether or how to mitigate significant impacts. With regard to the proposed project, the major issues to be resolved include decisions by the Lead Agency as to the following: 1. Whether this DEIR adequately describes the environmental impacts of the project. 2. Whether the benefits of the project override those environmental impacts which cannot be feasibly avoided or mitigated to a level of insignificance. 3. Whether the proposed land use changes are compatible with the character of the existing area. 4. Whether the identified goals, policies, or mitigation measures should be adopted or modified. 5. Whether there are other mitigation measures that should be applied to the project besides the Mitigation Measures identified in the DEIR. 6. Whether there are any alternatives to the project that would substantially lessen any of the significant impacts of the proposed project and achieve most of the basic project objectives. 2.7 AREAS OF CONTROVERSY Prior to preparation of the DEIR, several community workshops and public meetings were held with the General Plan Advisory Committee (GPAC), Planning Commission and City Council to review various work products and project milestones. Each meeting also served to allow the public to provide comments on the General Plan and Zoning Code Update, beyond the opportunities provided through other outreach avenues. A public EIR scoping meeting was held to determine the concerns of the community regarding the proposed project. Issues raised during the workshops, public hearings, scoping meeting and in comments to the NOP include compatibility of the proposed land use designations with existing land uses, environmental effects related to traffic, air quality, noise, and consistency with regional growth projections. These and other environmental issues are fully addressed in Sections 5.0 and 6.0 of this DEIR. No other areas of controversy are known to the Lead Agency. 2.8 MITIGATION MONITORING Public Resources Code Section 21081.6 requires that agencies adopt a monitoring or reporting program for any project for which it has made findings pursuant to Public Resources Code 21081 or adopted a Negative Declaration pursuant to 21080(c). Such a program is intended to ensure the implementation of all mitigation measures adopted through the preparation of an EIR or Negative Declaration. ---PAGE BREAK--- 2. Introduction Page 2-6 • The Planning Center May 2004 The Mitigation Monitoring Program for the proposed General Plan and Zoning Code Update EIR will be completed as part of the Final EIR prior to consideration of the project by the City Council. Where the mitigation measures proposed herein relate to specific areas of the City The Anaheim Resort, The Platinum Triangle), the relevant mitigation measures from this DEIR will also be added to the mitigation monitoring programs in effect for those areas. The updated and modified mitigation monitoring programs for The Anaheim Resort (adopted as part of The Anaheim Resort FEIR) and The Platinum Triangle (adopted as part of the Stadium Area Master Land Use Plan FEIR) are included as Appendix C and D, respectively.