prepared for: prepared by: THE PLATINUM TRIANGLE SUBSEQUENT ENVIRONMENTAL IMPACT REPORT SCH # VOLUME III RESPONSE TO COMMENTS

Transcription

1 FINAL THE PLATINUM TRIANGLE SUBSEQUENT ENVIRONMENTAL IMPACT REPORT SCH # VOLUME III RESPONSE TO COMMENTS prepared for: CITY OF ANAHEIM Contact: Linda Johnson, Principal Planner prepared by: THE PLANNING CENTER Contact: William Halligan, Esq. Director of Environmental Services AUGUST 2005

2 FINAL THE PLATINUM TRIANGLE SUBSEQUENT ENVIRONMENTAL IMPACT REPORT SCH # VOLUME III RESPONSE TO COMMENTS prepared for: CITY OF ANAHEIM City of Anaheim Planning Department 200 South Anaheim Boulevard Anaheim, CA Contact: Linda Johnson, Principal Planner prepared by: THE PLANNING CENTER 1580 Metro Drive Costa Mesa, CA Tel: Fax: costamesa@planningcenter.com Website: Contact: William Halligan, Esq. Director of Environmental Services COA-23.0E AUGUST 2005

3 Table of Contents TABLE OF CONTENTS 1. INTRODUCTION CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES RESPONSE TO COMMENTS REVISIONS TO THE DRAFT EIR APPENDICES A. Updated and Modified Mitigation Monitoring Program No. 106A, dated August 2005 B. Additional Air Quality Modeling Output Sheets C. Aerial Views of The Platinum Triangle Depicting the Ultimate Public Right-of-Way as Set Forth in the Adopted City of Anaheim General Plan Circulation Element The Platinum Triangle Draft Subsequent EIR City of Anaheim Page i

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5 1. Introduction 1. INTRODUCTION Section of the California Environmental Quality Act (CEQA) Guidelines requires the Lead Agency (City of Anaheim) to evaluate comments on environmental issues received from public agencies and interested parties who reviewed the Draft SEIR and prepare written responses. This document contains responses to comments received on The Platinum Triangle Draft Subsequent Environmental Impact Report (DSEIR) No. 332, State Clearinghouse Number , during the public review period, which commenced on June 1, 2005 and closed on July 15, This document has been prepared in accordance with CEQA and the CEQA Guidelines and represents the independent judgment of the Lead Agency. This Response to Comments volume, together with the Draft SEIR, technical appendices, and other written documentation prepared during the EIR process, as those documents may be modified by the City Council at the time of certification, will constitute the Final SEIR, as defined in the State CEQA Guidelines, Section 15132, and the City of Anaheim s environmental document reporting procedures. This Response to Comments package is organized as follows: Section 1 provides a brief introduction to this report. Section 2 provides a list of agencies and interested persons commenting on the Draft SEIR. This section also contains individual comments followed thereafter by responses. To facilitate review of the responses, an index number (e.g., 1-1, 1-2, 2-1) has been assigned to each comment and to its corresponding responses. Section 3 contains revisions to the Draft SEIR as a result of the comments by agencies and interested persons as described in Section 3. Appendix A includes the Updated and Modified Mitigation Monitoring Program No. 106A which has been prepared for The Platinum Triangle and which has been further updated to include revisions to the mitigation measures described in this Response to Comments document (see a list of those changes in Section 3). Appendix B includes the Air Quality Output Air Quality Modeling Output for Construction Emissions. Appendix C includes aerial photographs which depict the adopted ultimate public rights-of-way of the arterial roadways within The Platinum Triangle as set forth in the adopted City of Anaheim General Plan Circulation Element. These aerials do not reflect the proposed amendments to the Circulation Element for Gene Autry Way and Cerritos Avenue as described in General Plan Amendment No (see a description of said Amendment in Section of the DSEIR No. 332). The responses to comments contained in this package contain material and revisions which will be added or made to the text of the Final SEIR. City staff has reviewed this material and determined that none of this material constitutes the type of significant new information that requires a second recirculation period for further public comment under CEQA Guideline Section None of this new material indicates that the project will result in a significant new environmental impact not previously disclosed in the Draft SEIR. Additionally, none of this material indicates that there would be a substantial increase in the severity of a previously identified environmental impact that will not be mitigated, or that there would be any of the other circumstances requiring recirculation described in Section CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES CEQA Guidelines Section (a) outlines parameters for submitting comments, and reminds persons and public agencies that the focus of review and comment of Draft SEIRs should be, on the sufficiency of the document in identifying and analyzing possible impacts on the environment and ways in which significant effects of the project might be avoided or mitigated. Comments are most helpful when they suggest additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the significant environmental effects. At the same time, reviewers should be aware that the adequacy of an SEIR is determined in terms of what is reasonably feasible.ceqa does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended or demanded by those submitting comments. When responding to comments, lead agencies need only The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 1-1

6 1. Introduction respond to significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the SEIR. CEQA Guidelines Section (c) further advises, Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence. Section (d) also states, Each responsible agency and trustee agency shall focus its comments on environmental information germane to that agency s statutory responsibility. Section (e) states, This section shall not be used to restrict the ability of reviewers to comment on the general adequacy of a document or of the lead agency to reject comments not focused as recommended by this section. Page 1-2 The Planning Center August 2005

7 2. RESPONSE TO COMMENTS This section includes all written responses received on the DSEIR and the City s responses to each comment. Comment letters and specific comments are given letters and numbers for reference purposes. Where sections of the Draft SEIR are excerpted in this document, the sections are shown indented. Changes to the DSEIR text are shown in bold and double underline for additions and strikeout for deletions. The following is a list of agencies and persons that submitted comments on the Draft SEIR during the public review period: Number Reference Commenting Person/Agency Date of Comment Page No. 1 State Clearinghouse and Planning Unit July 14, Southern California Association of Governments July 12, Department of Toxic Substances Control July 8, California Department of Health Services July 1, County of Orange Health Care Agency June 14, County of Orange Resources & Development July 14, Management Department 7 California Department of Transportation July 14, South Coast Air Quality Management District July 22, The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-1

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9 LETTER 1 State Clearinghouse and Planning Unit (2 pages) 1-1 The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-3

10 Page 2-4 The Planning Center August 2005

11 1. Response to Comments From Terry Roberts, Director, State Clearinghouse, Governor s Office of Planning and Research, Dated July 14, This letter acknowledges that the City of Anaheim has complied with the State Clearinghouse review requirements for draft environmental documents pursuant to the California Environmental Quality Act. No response is necessary. The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-27

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13 LETTER 2 SCAG (1 page) 2-1 The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-29

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15 2. Response to Comments From Brian Wallace, Associate Regional Planner, Southern California Association of Governments, Dated July 12, This comment acknowledges that the DSEIR has adequately addressed SCAG s comments outlined per their January 20, 2005 letter and have no further comments. Comment is hereby noted, included in the official environmental record of the proposed project, and will be forwarded to the appropriate City of Anaheim decisionmakers for their review and consideration. The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-77

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17 Letter 3 Department of Toxic Substances Control (2 pages) 3-1 The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-79

18 Page 2-80 The Planning Center August 2005

19 3. Response to Comments From Greg Holmes, Unit Chief, Department of Toxic Substances Control Dated July 8, This comment acknowledges that DSEIR has adequately addressed DTSC s comments outlined in their January 20, 2005 letter. Comment is hereby noted, included in the official environmental record of the proposed project, and will be forwarded to the appropriate City of Anaheim decision-makers for their review and consideration. The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-81

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21 Letter 4 Department of Health Services (1 page) 4-1 The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-83

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23 4. Response to Comments From Veronica L. Malloy, California Department of Health Services, Environmental Review Unit, Dated July 1, As indicated in this comment, Mitigation Measure states that the property owner/developer shall comply with Rule 15D of the Water Utilities Rates, Rules and Regulations, which is to be amended to include the construction of a new well with a minimum 1500 gpm capacity. The specific location of the well has still yet to be determined. The City of Anaheim acknowledges that an application to amend the water supply permit will need to be filed prior to drilling the new well, along with any additional environmental documents necessary to accompany the application. Comment is hereby noted, included in the official environmental record of the proposed project, and will be forwarded to the appropriate City of Anaheim decisionmakers for their review and consideration. The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-85

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25 Letter 5 County of Orange Health Care Agency (1 page) 5-1 The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-87

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27 5. Response to Comments From Patricia Henshaw, REHS, MPH, Supervising Hazardous Waste Specialist, Solid Waste Local Enforcement Agency, County of Orange Health Care Agency, Dated June 14, The sites listed in the comment are shown on Figure of the DSEIR and addressed in Section 5.4, Hazards and Hazardous Materials. No response is necessary. However, your comment is hereby noted, included in the official environmental record of the proposed project, and will be forwarded to the appropriate City of Anaheim decisionmakers for their review and consideration. The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-89

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29 Letter 6 County of Orange (6 pages) a The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-91

30 6-1a cont. 6-1b Page 2-92 The Planning Center August 2005

31 6-5 cont The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-93

32 6-7 cont. 6-8a Page 2-94 The Planning Center August 2005

33 6-9a 6-9a The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-95

34 6-11 cont Page 2-96 The Planning Center August 2005

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36 6. Response to Comments From Ronald L. Tippets, Chief, Environmental Planning, County of Orange, Dated July 14, a This comment is hereby noted, included in the official environmental record of the proposed project, and will be forwarded to the appropriate City of Anaheim decisionmakers for their review and consideration. Pursuant to your request, the statement from the General Plan and Zoning Code Update FEIR at page has been added to the DSEIR. This change would not alter the conclusion of the impact analysis. Therefore, page 5-92 of the DSEIR has been modified as follows: Impact Analysis: The Project Area is located within a Federal Emergency Management Agency (FEMA) flood insurance study area within Zone A99 and X designation. The majority of the Project Area is located in Zone X which lies in a 100-Year to 500-Year Flood Zone with flooding below one foot (see previous Figure 5.5-1). According to the Orange County Flood Control District (OCFCD), the Southeast Anaheim Channel and the Spinnaker Storm Drain have been determined to be deficient to convey discharges associated with 100-year storm event. It is the goal of the County of Orange and the Orange County Flood Control District (OCFCD) to provide 100-year flood protection for all buildings. To provide for this goal, OCFCD attempts to design facilities to convey 100-year flows where feasible. Several OCFCD s facilities are a mixture of segments built at different times. Improvements of deficient OCFCD facilities are programmed in OCFCD s Seven-Year Flood Control Projects Plan subject to annual review and revision based on Countywide prioritization. Regarding the County s recommendation that Cities condition developments located adjacent to flood control channels to participate in funding to implement improvements to OCFCD s deficient flood control channels so that the needed protection for the proposed developments may be provided, it should be noted that property owners/developers are required by the City to participate in funding local drainage improvements. There is no fee program in place to fund OCFCD s facilities. 6-1b Pursuant to your request, Mitigation Measure from the General Plan and Zoning Code Update FEIR has been added to the DSEIR (this measure has been clarified to indicate that for City-owned and maintained facilities, that future storm flows will need to meet City requirements). Therefore, page of the DSEIR has been modified as follows The City shall work with the OCFCD to ensure that flood control facilities are well maintained and plan facilities capable of accommodating, at a minimum, future storm flows meeting City requirements for City owned and maintained facilities, and 100-year storm flows for County facilities. Where improvements to local drainage facilities have the potential to increase discharges to County facilities, the City shall analyze potential impacts to County facilities in consultation with the Manager, County of Orange Flood Control Division. Encroachment Permits shall be obtained from the County s Public Property Permits Section for any activity performed within OCFCD s right of way. Page 2-98 The Planning Center August 2005

37 6-2 Pursuant to your request, page 5-74 of the DSEIR has been modified as follows: On-site Conditions The central portion of the Project Area drains into the Southeast Anaheim Channel (E12), which generally parallels State College Boulevard. The County of Orange maintains this channel. The channel was constructed in 1967 and is 9-foot by 9-foot reinforced concrete box that discharges into the Santa Ana River north of Chapman Avenue. The drainage channel collects urban run-off from approximately 1,541 acres through various tributary drains in southeast Anaheim. The Orange County Flood Control District s Southeast Anaheim Channel (E12) is deficient and its capacity needs to be increased currently operating at or near capacity, and would require requiring a large parallel system to adequately protect additional development during a 100-year storm event. 6-3 Comment is hereby noted. The DSEIR acknowledges that OCFCD s Southeast Anaheim Channel (E12) and Spinnaker Storm Drain (C05P2I) are deficient (see new Mitigation Measure in Response 6-1b). In addition, as identified in Mitigation Measure 5.5-2, an encroachment permit from the County would be required for all work within, over and/or under OCFCD and County of Orange right-of-way. Therefore, no additional revisions to the DSEIR are necessary. 6-4 Please refer to Response 6-3 above. 6-5 During the design of the parallel storm drain facilities, alignments would be identified to avoid conflicts with existing facilities. Comment is hereby noted, included in the official environmental record of the proposed project, and will be forwarded to the appropriate City of Anaheim decision-makers for their review and consideration. 6-6 Comment noted. Mitigation Measure requires that future development projects in excess of one acre prepare a Surface Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP). The DSEIR has described commitments for the installation and maintenance of site design, source control and treatment control BMPs consistent with the DAMP New Development and Significant Redevelopment Program. Section 5.5, Hydrology and Water Quality Pages 5-80 through 5-82 of the DSEIR describe the Proposed Project s relationship with the DAMP and lists some of the Best Management Practices (BMPs) to be used. Considering the programmatic nature of the DSEIR, the multiple property owners within The Platinum Triangle, and the lack of specific development proposals, it is not possible to prepare a SWPPP or WQMP for the entire area at this time. As a result, Mitigation Measure more appropriately requires preparation of SWPPP and WQMP at the time individual parcels develop. 6-7 As discussed in Response 6-6, considering the programmatic nature of the DSEIR, the multiple property owners within The Platinum Triangle, and the lack of specific development proposals, it is not possible to prepare a SWPPP or WQMP for the entire area at this time. As a result, Mitigation Measure more appropriately requires preparation of SWPPP and WQMP at the time individual parcels develop. In addition, as discussed on Page 5-78 and 5-80 of the DSEIR the City of Anaheim requires applicants to submit a SWPPP which complies with the County DAMP and the State General Construction Permit. The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-99

38 6-8 Pursuant to your request, page of the DSEIR has been modified as follows: Additional Recreation Opportunities Regional Parks There are a number of regional parks, operated by the County of Orange, located in or adjacent to Anaheim. Regional Park facilities located in or adjacent to Anaheim include: Yorba Regional Park A acre park in East Anaheim, located along the north side of the Santa Ana River. Featherly Regional Park A 795-acre park, 66-acres which are developed, 150- acre park located outside the City, north of the SR-91 Freeway, with camping, an amphitheatre and nature trails. Weir Canyon Regional Park A proposed park of 2, acres near the southerly extension of Weir Canyon Road in the City of Orange s Sphere-of- Influence, in addition to acreage located within the City of Anaheim. Santiago Oaks Regional Park A acre park located along Santiago Creek in the City of Orange. 6-9a Pursuant to your request, page of the DSEIR has been modified as follows: Santa Ana River Regional Riding and Hiking Trail A National recreation trail that, when completed, would incorporate 110 miles of trail system from San Bernardino County in the north to Orange County in the south. This trail is owned and operated by the County of Orange. The trail is used by hiker, mountain biker, and equestrian user groups per the County s Master Plan of Regional Riding and Hiking Trails Component of the Orange County Recreation Element. A portion of the trail is aligned along the eastern edge of The Platinum Triangle along the western bank of the Santa Ana River. 6-9b The Santa Ana River and associated Santa Ana River Regional Riding and Hiking Trail are located outside of the project area and would not be impacted by any construction activity on individual development sites within The Platinum Triangle. In addition, construction traffic would utilize roadways located adjacent to future development sites, and could not utilize the Santa Ana River Trail due to elevation differentials between the trail and adjacent development sites. As a result, no changes to the DSEIR are necessary Figure depicts the Location of Parks within the City of Anaheim. It is not intended to show bike trails located throughout the City. As a result, no changes to the figure are necessary Please refer to Response 6-9b The comment is hereby noted, included in the official environmental record of the proposed project, and will be forwarded to the appropriate City of Anaheim decisionmakers for their review and consideration. The Santa Ana River and associated Santa Ana River Regional Riding and Hiking Trail are located outside of the project area. Further, development in the PTMU Overlay Zone, Stadium District, where the Angel Stadium of Anaheim is located, is subject to existing lease agreements on the property and previously approved entitlements pursuant to Area Development Plan No. 120 (see Page The Planning Center August 2005

39 Section of the SDEIR, which describes the Area Development Plan and how it is incorporated into the previously approved Platinum Triangle Master Land Use Plan). The City of Anaheim General Plan does not call for a regional trail and bikeway staging facility at the Angel Stadium of Anaheim; therefore, no condition of approval or mitigation measure regarding such a facility is required. City Public Works and Community Services staff have met with Jeff Dickman, as requested in the letter, and will continue to work with Jeff to identify potential opportunities to locate a trail and bikeway staging area in the vicinity of The Platinum Triangle. The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-101

40 Letter 7 Caltrans (3 pages) Page The Planning Center August 2005

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44 7. Response to Comments From Robert F. Joseph, Chief, IGR/Community Planning Branch, California Department of Transportation, Dated July 14, The City of Anaheim approved its comprehensive General Plan Update and certified EIR No. 330 in May As part of that effort, the City s Circulation Element was adopted by the Anaheim City Council. California Planning Law mandates that Circulation Element address circulation impacts associated with buildout of the adopted Land Use Element. Implementation of the adopted Master Land Use Plan for The Platinum Triangle is included in the Land Use Element and the buildout projections were incorporated into the future baseline analysis for the General Plan EIR No The Platinum Triangle mixed use development project is consistent with the General Plan trip generation forecasts. The General Plan did forecast freeway traffic volumes: adjacent segments of SR57 and I-5 are each expected to serve approximately 200,000 ADT. The Platinum Triangle is intended to reduce traffic impacts on the freeway system by reducing work trip lengths and promoting internal capture among residential, office and retail development. As such, the project impact analysis as provided in Section 5.10 of the DSEIR compared the future traffic forecasts for the Proposed Project with the LOS results from the general plan traffic analysis in EIR No With planned circulation improvements as indicated in the City s Circulation Element, all but one (Santiago/Rampart) study intersections are projected to operate at LOS D or better during both a.m. and p.m. peak hours. No new impacts on state facilities have been identified as a result of the Proposed Project; therefore, no additional discussion or mitigation measures to the regional transportation system in detail were either warranted or necessary. The traffic analysis has identified the project impacts and corresponding mitigation measures for the potential area of impact by the project. The intensity of the proposed project is consistent with the level of development planned by the City s General Plan. It is assumed that regional facilities are planned to provide adequate capacity to accommodate the level of development anticipated by local agency General Plans. Since the proposed project is consistent with the City s General Plan, the proposed project is expected to consistent with Caltrans long-range projections for the SR-57 and I-5 Freeways. 7-2 The Anaheim Traffic Analysis Model (ATAM) reflects trips generated by the City s Land Use Plan as well as regional and sub-regional traffic growth. ATAM was approved in conformance with Orange County Transportation Analysis Model (OCTAM2) by OCTA. The City of Anaheim does not require Highway Capacity Manual (HCM) analysis. The Intersection Capacity Utilization (ICU) methodology has been the long-standing approach for traffic impact studies by cities in Orange County, as stipulated by our Orange County Congestion Management Program adopted by OCTA. In fact, the CMP evaluations conducted by OCTA (including Caltrans major interchange locations) use ICU methodology. 7-3 The Anaheim Traffic Analysis Model (ATAM) reflects trips generated by the City s Land Use Plan as well as regional and sub-regional traffic growth. ATAM was approved in conformance with Orange County Transportation Analysis Model (OCTAM2) by OCTA. The City of Anaheim does not require Highway Capacity Manual (HCM) analysis. The Intersection Capacity Utilization (ICU) methodology has been the long-standing approach for traffic impact studies by cities in Orange County. See response 7-1 for additional information. Page The Planning Center August 2005

45 7-4 The City of Anaheim approved its comprehensive General Plan Update and certified EIR No. 330 in May As part of that effort, the City s Circulation Element was adopted by the Council. California Planning Law mandates that Circulation Element address circulation impacts associated with buildout of the adopted Land Use Element. Implementation of the adopted Master Land Use Plan for The Platinum Triangle is included in the Land Use Element and the buildout projections were incorporated into the future baseline analysis for the General Plan EIR No The City s Circulation Element included Planned Roadway Network Map that identified those roadways that are planned to accommodate future growth established by the Land Use Element. In addition to the roadways identified on the Planned Roadway Network Map, there were additional necessary improvements to maintain acceptable levels of service within the anticipated theoretical buildout identified in the General Plan. Mitigation Measure of the EIR No. 330 (Mitigation Monitoring Program 122) states the following to fund the necessary improvements: The City shall pursue all available funding, including Measure M funding, necessary to implement the circulation improvements identified in the City s Circulation Element and Mitigation Measure Implementation of transportation improvements identified in the City s Circulation Element and Mitigation Measure shall be conducted in coordination with Caltrans, the County of Orange, the Orange County Transportation Authority (OCTA), and surrounding jurisdictions. To qualify for Measure M funds, the City of Anaheim must comply with the Countywide Growth Management Program component requirements and have an established policy framework for the required Growth Management Program through the adoption of a Growth Management Element. The updated Growth Management Element will maintain provisions of the existing Growth Management element which 1) establishes policy statements that identify acceptable traffic levels of service; 2) commits the City to implement a development mitigation program; and 3) commits the City to implement a development phasing and monitoring program. No new impacts on state facilities have been identified as a result of Project implementation. Al project related traffic impacts have been adequately mitigated through Mitigation Measures through 6 which identifies the timing, responsible party and funding source for the improvements. No further mitigation measures are necessary. 7-5 The City concurs with the comment. If any project work occurs in the vicinity of the Caltrans Right-of-Way, an encroachment permit would be filed and environmental concerns will be addressed as appropriate. 7-6 Project generated impacts to water quality has been addressed in Section 5.5 Hydrology and Water Quality of the DSEIR. Mitigation Measure states the following: At least 90 days prior to the initiation of grading activities, for projects greater than one acre, an NOI shall be filed with the Regional Water Quality Control Board (RWQCB) by the property owner/developer pursuant to State and Federal National Pollution Discharge Elimination System (NPDES) requirements. As part of the NOI, a Surface Water Pollution Prevention Plan (SWPPP) shall be prepared. The property owner/developer shall also prepare and submit to RWQCB, a Water Quality Management Plan (WQMP) in accordance with the City's municipal NPDES requirements and the Orange County The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-107

46 Drainage Area Management Plan. The SWPPP, in conjunction with the WQMP, will describe the structural and nonstructural BMPs that will be implemented during construction (short-term) within the Project Area as well as BMPs for long-term operation of the Project Area. Long-term measures could include, but may not be limited to, street sweeping, trash collection, proper materials storage, designated wash areas connected to sanitary sewers, filter and grease traps, and clarifiers for surface parking areas. The BMPs selected shall be consistent with the Water Quality Technical Report prepared for the Proposed Project (Appendix G) of SEIR No With regards to runoff draining into Caltrans Right-Of-Way, the comment is hereby noted, included in the official environmental record of the proposed project, and will be forwarded to the appropriate City of Anaheim decision-makers for their review and consideration. 7-7 Comment is hereby noted, included in the official environmental record of the proposed project, and a written response has been provided. 7-8 Comment is hereby noted, included in the official environmental record of the proposed project, and will be forwarded to the appropriate City of Anaheim decision-makers for their review and consideration. Page The Planning Center August 2005

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48 Letter 8 South Coast Air Quality Management District (2 pages) Page The Planning Center August 2005

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50 8-5 Page The Planning Center August 2005

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52 8. Response to Comments From Susan Nakamura, South Coast Air Quality Management District, Planning, Rule Development & Area Sources, Dated July 22, Per your request, construction emissions model runs are included in Appendix B of this document, and made part of the official record. 8-2 Per your request, Table on pg 5-35 of the DSEIR has been updated for operational emissions estimates consistent with model runs in the DSEIR, Appendix B, as follows (also see Response 8-4): Table Project Related Operational Phase Emissions (In Pounds Per Day) Emissions CO ROG NOx SO 2 PM 10 Summer Emissions Stationary Sources (electricity/natural gas consumption, landscaping) <1 Mobile Sources 4, ,569 TOTAL 4,193 1, ,569 SCAQMD Standard Difference 3,643 1, ,419 SIGNIFICANT? Yes Yes Yes No Yes Winter Emissions Stationary Sources (electricity/natural gas consumption, landscaping) <1 Mobile Sources 3, ,569 TOTAL 3,936 1, ,569 SCAQMD Standard Difference 3, ,419 SIGNIFICANT? Yes Yes Yes No Yes Source: The Planning Center using the URBEMIS2002 version 8.7 emissions inventory model, August The Parsons Brinkerhoff Quade & Douglass, Inc. Traffic Analysis (dated April 5, 2005) based traffic generation on Traffic Analysis Zones (TAZ), and was not directly applicable for air quality estimation. Therefore, the DSEIR air quality analysis based emissions assumptions on data obtained from Parsons Brinkerhoff Quade & Douglass on March 21, 2005, which based trip generation by land use. This data is shown below in the Table entitled, Platinum Triangle Trip Generation By Land Use. Projected traffic volumes were obtained for the purposes of the air quality analysis are consistent with the traffic analysis total trip generation for the Proposed Master Land Use Plan (MLUP) area (existing plus future trips) of 269,878 vehicle trips. Page The Planning Center August 2005

53 Category Units Platinum Triangle Trip Generation By Land Use Existing Approved Plan Proposed Master Land Use Plan Daily trips per unit Amt. Trips Amt. Trips Trips after Mixed Use Reduction Amt. Trips Trips after Mixed Use Reduction Residential Mixed Use DU ,175 64,298 54, ,576 56,174 Office Mixed Use 1000 s.f ,100 3,265 58,509 49, ,509 49,367 Commercial Mixed Use 1000 s.f , ,570 94, , ,879 Regional Commercial 1000 s.f ,328 4, ,328 4,328 Professional Office 1000 s.f ,558 27,919 1,857 33,277 33, ,277 33,277 General Industrial 1000 s.f ,827 49,668 1,011 13,121 13, ,121 13,121 Tourism/Enterta inment 1000 s.f , ,754 1, ,754 1,754 Open Space acre Arrowhead Pond acre , ,096 2, ,096 2,096 Angel Stadium acre , ,892 2, ,892 2,892 General Institutional 1000 s.f ,989 3, ,989 3,989 TOTAL 95, , , , ,878 Source: Parsons Brinckerhoff, Platinum Triangle Trip Generation By Land Use. March 21, As shown on Table of the DSEIR, the proposed Master Land Use Plan for The Platinum Triangle will generate a total of 269,878 trips per day at buildout. However, it should be noted that this figure includes existing and future traffic. As shown on Table , a total of 95,025 trips per day are generated within The Platinum Triangle. As a result, a total of 174,853 additional trips will be generated at buildout. Since the URBEMIS2002 model assumed a total of 208,420 additional trips, the emissions estimates contained in Table on the DSEIR are significantly higher that what will actually occur. 8-4 Pursuant to your request, additional CO modeling was conducted using the formula stated in your comment. The CO modeling output sheets are contained in Appendix B. As shown, none of the CO concentrations exceeded those shown in Table of the DSEIR, and had a maximum variation of 0.1 ppm. As a result, no changes to the DSEIR are necessary. 8-5 Pursuant to your request, Mitigation Measure on pg-40 of the DSEIR has been modified as follows: On-going during grading and construction, the property owner/developer shall be responsible for requiring contractors to implement the following measures to reduce construction-related emissions; however, the resultant value is expected to remain significant. The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-115

54 a) The contractor shall ensure that all construction equipment is being properly serviced and maintained to reduce operational emissions. b) Where feasible, the contractor shall use low emission mobile construction alternative clean fuels such as electric- or compressed natural, gas-powered construction equipment with oxidation catalysts instead of gasoline- or diesel-powered engines. However, where diesel equipment has to be used because there are no practical alternatives, the construction contractor should use emulsified diesel or low sulfur diesel, as defined in SCAQMD Rule , i.e., diesel with less than 15-ppm sulfur content. c) The contractor shall utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators where feasible. Pursuant to your request, Mitigation Measure on pg 40 of the DSEIR, 10 th bullet has been modified as follows: On-going during grading and construction, the property owner/developer shall implement the following measures in order to reduce PM10 emissions: a) The property owner/developer shall implement standard mitigation measures in accordance with SCAQMD Rules 402 and 403, to control fugitive dust emissions and ensure that nuisance dust conditions do not occur during construction. b) In addition to the standard measures, the property owner/developer shall implement supplemental measures as feasible to reduce fugitive dust emissions to the extent feasible during construction operations. To assure compliance, the City shall verify compliance that these measures have been implemented during normal construction site inspections. The measures to be implemented are listed below: o o o o o o Re-establish ground cover on the construction site through seeding and watering. Pave on-site haul roads. Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. Restore landscaping and irrigation that are removed during construction in coordination with local public agencies. Page The Planning Center August 2005

55 o o o o o Sweep streets on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Suspend grading operations during high winds in accordance with Rule 403 requirements. Wash off trucks leaving site. Maintain a minimum 12-inch 24-inch freeboard ratio on haul trucks. Cover payloads on trucks hauling soil using tarps or other suitable means. Pursuant to your request, Mitigation Measure on pg 41 of the DSEIR has been modified: Prior to approval of each building permit, the property owner/developer shall submit evidence that high-solids or water-based low emissions paints and coatings are utilized in the design and construction of buildings, in compliance with SCAQMD regulations. To ensure that volatile organic compounds (VOC) emissions from architectural coatings do not exceed AQMD s significance thresholds for architectural coatings, the number of gallons of coatings shall be restricted, to the maximum extent feasible, to the maximum daily coating usage shown in Table of the SEIR. This information shall be denoted on the project plans and specifications. Additionally, the property owner/developer shall specify the use of high volume/low pressure spray equipment or hand application. Air atomized spray techniques shall not be permitted. Where feasible, the paint contractor shall use hand applications as well. Table Maximum Daily Architectural Coating Usage Volatile Organic Compound (VOC) Content Limits SCAQMD VOC Construction Threshold Daily (lbs) Maximum Daily Coating Usage (gallons) Coating Type Grams of VOC/Liter lbs/gallon Flat Coatings Non-flat Coatings Non-flat Gloss Coatings Source: Name, Date. Notes: VOC content limits from the California Resources Board Resolution Larger quantities of architectural coatings may be used if low or zero VOC content coatings are used. The Maximum Daily Coating Usage represents the maximum in each coating category that can be used if only that one category of coatings is used. A combination of coatings will likely be used, as such, the total weight of VOC from this combination of coatings must not exceed the daily and quarterly SCAQMD VOC Emissions Threshold. The Platinum Triangle Draft Subsequent EIR City of Anaheim Page 2-117

56

57 3. Revisions to the Draft EIR 3. REVISIONS TO THE DRAFT EIR This Revisions to the Draft EIR section identifies any changes needed in the DSEIR to correct or clarify the information contained in the document. Changes made to the DSEIR are identified here in strikeout text to indicate deletions and in bold and double underline to signify additions. 1. Page 5-35, Table of the DSEIR, Air Quality is hereby modified as follows: Table Project Related Operational Phase Emissions (In Pounds Per Day) Emissions CO ROG NOx SO 2 PM 10 Summer Emissions Stationary Sources (electricity/natural gas consumption, landscaping) <1 Mobile Sources 4, ,569 TOTAL 4,193 1, ,569 SCAQMD Standard Difference 3,643 1, ,419 SIGNIFICANT? Yes Yes Yes No Yes Winter Emissions Stationary Sources (electricity/natural gas consumption, landscaping) <1 Mobile Sources 3, ,569 TOTAL 3,936 1, ,569 SCAQMD Standard Difference 3, ,419 SIGNIFICANT? Yes Yes Yes No Yes Source: The Planning Center using the URBEMIS2002 version 8.7 emissions inventory model, August Mitigation Measure on pg.5-40 of the DSEIR has been modified as follows: On-going during grading and construction, the property owner/developer shall be responsible for requiring contractors to implement the following measures to reduce construction-related emissions; however, the resultant value is expected to remain significant. a) The contractor shall ensure that all construction equipment is being properly serviced and maintained to reduce operational emissions. b) Where feasible, the contractor shall use low emission mobile construction alternative clean fuels such as electric- or compressed natural, gas-powered construction equipment with oxidation catalysts instead of gasoline- or diesel-powered engines. However, where diesel equipment has to be used because there are no practical alternatives, the construction contractor should use emulsified diesel or low sulfur diesel, as defined in SCAQMD Rule , i.e., diesel with less than 15 ppm sulfur content. The Platinum Triangle Subsequent EIR City of Anaheim Page 3-1

58 3. Revisions to the Draft EIR c) The contractor shall utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators where feasible. 3. Mitigation Measure on pg 40 of the DSEIR, 10 th bullet has been modified as follows: On-going during grading and construction, the property owner/developer shall implement the following measures in order to reduce PM10 emissions: a) The property owner/developer shall implement standard mitigation measures in accordance with SCAQMD Rules 402 and 403, to control fugitive dust emissions and ensure that nuisance dust conditions do not occur during construction. b) In addition to the standard measures, the property owner/developer shall implement supplemental measures as feasible to reduce fugitive dust emissions to the extent feasible during construction operations. To assure compliance, the City shall verify compliance that these measures have been implemented during normal construction site inspections. The measures to be implemented are listed below: o o o o o o o Re-establish ground cover on the construction site through seeding and watering. Pave on-site haul roads. Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. Restore landscaping and irrigation that are removed during construction in coordination with local public agencies. Sweep streets on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. o Suspend grading operations during high winds in accordance with Rule 403 requirements. o o o Wash off trucks leaving site. Maintain a minimum 12-inch 24-inch freeboard ratio on haul trucks. Cover payloads on trucks hauling soil using tarps or other suitable means. Page 3-2 The Planning Center August 2005

59 3. Revisions to the Draft EIR 4. Mitigation Measure on pg 41 of the DSEIR has been modified: Prior to approval of each building permit, the property owner/developer shall submit evidence that high-solids or water-based low emissions paints and coatings are utilized in the design and construction of buildings, in compliance with SCAQMD regulations. To ensure that volatile organic compounds (VOC) emissions from architectural coatings do not exceed AQMD s significance thresholds for architectural coatings, the number of gallons of coatings shall be restricted, to the maximum extent feasible, to the maximum daily coating usage shown in Table of the SEIR. This information shall be denoted on the project plans and specifications. Additionally, the property owner/developer shall specify the use of high volume/low pressure spray equipment or hand application. Air atomized spray techniques shall not be permitted. Where feasible, the paint contractor shall use hand applications as well. Table Maximum Daily Architectural Coating Usage Volatile Organic Compound (VOC) Content Limits SCAQMD VOC Construction Threshold Daily (lbs) Maximum Daily Coating Usage (gallons) Coating Type Grams of VOC/Liter lbs/gallon Flat Coatings Non-flat Coatings Non-flat Gloss Coatings Source: Name, Date. Notes: VOC content limits from the California Resources Board Resolution Larger quantities of architectural coatings may be used if low or zero VOC content coatings are used. The Maximum Daily Coating Usage represents the maximum in each coating category that can be used if only that one category of coatings is used. A combination of coatings will likely be used, as such, the total weight of VOC from this combination of coatings must not exceed the daily and quarterly SCAQMD VOC Emissions Threshold. 5. Page 5-92, Section 5.5 of the DSEIR, Hydrology and Water Quality is hereby modified as follows: The Project Area is located within a Federal Emergency Management Agency (FEMA) flood insurance study area within Zone A99 and X designation. The majority of the Project Area is located in Zone X which lies in a 100-Year to 500-Year Flood Zone with flooding below one foot (see previous Figure 5.5-1). According to the Orange County Flood Control District (OCFCD), the Southeast Anaheim Channel and the Spinnaker Storm Drain have been determined to be deficient to convey discharges associated with 100-year storm event. In addition to the widening of the Santa Ana River within the project vicinity, improvements completed under the Santa Ana River Mainstem Project include construction of Seven Oaks Dam and improvements to Prado Dam and downstream channel facilities. Flooding levels are expected to occur at one foot. It is the goal of the County of Orange and the Orange County Flood Control District (OFCD) to provide 100-year flood protection for all buildings. To provide for this goal, OCFCD attempts to design facilities to convey 100-year flows where feasible. Several OCFCD s facilities are a mixture of segments built at different times. Improvements of deficient OCFCD facilities are programmed in OCFCD s Seven-Year Flood Control Projects Plan subject to annual review and revision based on County-wide prioritization. The Platinum Triangle Subsequent EIR City of Anaheim Page 3-3

60 3. Revisions to the Draft EIR In accordance with the City of Anaheim s Flood Hazard Reduction Ordinance, detailed designs for future habitable structures associated with the project implementation would be constructed above the lands at which a 100-year flood would occur on-site. All future projects within The Platinum Triangle must comply with all Federal and local regulatory requirements associated with Flood Hazard areas. In addition, mitigation measure has been identified to reduce impacts to the Proposed Project. 6. Page of the DSEIR, Hydrology and Water Quality, Mitigation Measures, Applicable Measures from MMP 106 is hereby modified as follows: The City shall work with the OCFCD to ensure that flood control facilities are well maintained and plan facilities capable of accommodating, at a minimum, future storm flows meeting city requirements for City owned and maintained facilities, and 100-year storm flows for County facilities. Where improvements to local drainage facilities have the potential to increase discharges to County facilities, the City shall analyze potential impacts to County facilities in consultation with the Manager, County of Orange Flood Control Division. Encroachment Permits shall be obtained from the County s Public Property Permits Section for any activity performed within OCFCD s right of way. 7. Page 5-74 of the DSEIR, Section 5.5.1, Hydrology and Water Quality, Existing Conditions, 1 st paragraph of On-site Conditions is hereby modified as follows: On-site Conditions The central portion of the Project Area drains into the Southeast Anaheim Channel (E12), which generally parallels State College Boulevard. The County of Orange maintains this channel. The channel was constructed in 1967 and is 9-foot by 9-foot reinforced concrete box that discharges into the Santa Ana River north of Chapman Avenue. The drainage channel collects urban run-off from approximately 1,541 acres through various tributary drains in southeast Anaheim. The Orange County Flood Control District s Southeast Anaheim Channel (E12) is deficient and its capacity needs to be increased currently operating at or near capacity, and would require requiring a large parallel system to adequately protect additional development during a 100-year storm event. 8. Page of the DSEIR, Section 5.9.5, Parks, , Environmental Setting, Bullets Under Additional Recreational Opportunities, Regional Parks are hereby modified as follows: Yorba Regional Park A acre park in East Anaheim, located along the north side of the Santa Ana River. Featherly Regional Park A acre park, 66 acres which are developed, located outside the City, north of the SR-91 Freeway, with camping, an amphitheatre and nature trails. Weir Canyon Regional Park A proposed park of 2, acres near the southerly extension of Weir Canyon Road in the City of Orange s Sphere-of-Influence, in addition to acreage located within the City of Anaheim. Page 3-4 The Planning Center August 2005