FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS

Transcription

1 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE BEACH AND ORANGETHORPE MIXED-USE SPECIFIC PLAN FINAL ENVIRONMENTAL IMPACT REPORT State Clearinghouse No Prepared for City of Buena Park Community Development Department 6650 Beach Boulevard Buena Park, California Prepared by BonTerra Consulting 3452 East Foothill Boulevard, Suite 420 Pasadena, California T: (626) F: (626) October 7, 2008

2 TABLE OF CONTENTS Beach and Orangethorpe Mixed-Use Specific Plan Section Page I. Introduction... 1 A. Findings of Fact and Statement of Overriding Consideration... 1 B. Record of Proceedings... 1 C. Custodian and Location of Records... 2 II. Project Summary... 3 A. Project Location... 3 B. Project Description... 3 C. Discretionary Actions... 4 D. Use of This Certified Program Environmental Impact Report... 5 E. Statement of Objectives... 6 III. Environmental Review and Public Participation... 8 IV. General Findings... 9 V A. Environmental Issues Determined to have No Impact and/or Not Requiring Further Study in the EIR B. Environmental Impacts Under the Program EIR Determined to be Less Than Significant C. Potential Environmental Impacts Determined to be Mitigated to Below a Level of Significance D. Potential Environmental Impacts Determined to be Significant and Unavoidable after Mitigation VI. Discussion Regarding Alternatives A. Alternatives Eliminated from Detailed Consideration B. Alternatives Carried Forward for Detailed Analysis VII. Findings Regarding Growth Inducing Impacts VIII. Statement of Overriding Considerations R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc i Table of Contents

3 I. INTRODUCTION Beach and Orangethorpe Mixed-Use Specific Plan A. FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act ("CEQA") (Pub. Res. Code Sections 21000, et seq.), the State CEQA Guidelines (the "CEQA Guidelines") (14 Cal. Code Regulations Sections 15000, et seq.) require that the environmental impacts of a project be examined before a project is approved. Specifically, regarding findings, Public Resources Code Section provides that: no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur: (a) The public agency makes one or more of the following findings with respect to each significant effect: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. 3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment. In addition, CEQA requires a public agency to make a finding that the environmental impact report (EIR) reflects the public agency s independent review and judgment. Having received, reviewed, and considered the Beach and Orangethorpe Mixed-Use Specific Plan (BOMUSP) Final Program Environmental Impact Report (Final EIR), State Clearinghouse No , as well as all other information in the record of proceedings on this matter, the Findings of Fact (Findings) included herein are hereby adopted by the City Council in its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for current and subsequent discretionary actions to be undertaken by the City and responsible agencies for the implementation of the BOMUSP. B. RECORD OF PROCEEDINGS For purposes of CEQA and these Findings, the Record of Proceedings for the BOMUSP consists of the following documents and other evidence: R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 1 Introduction

4 a. The Notice of Preparation (NOP) and all other public notices issues by the City of Buena Park (City) in conjunction with the proposed project (as defined below); b. The Final EIR, all appendices, and technical reports, thereto; c. Comments and Responses to Comments on the Draft EIR received during the 45-day public review public review comment period, including a list of all persons, organizations, and public agencies commenting; d. All written and verbal public testimony presented during noticed public hearings for the BOMUSP at which such testimony was taken; e. Information provided in submissions of testimony from officials and Departments of the City, the public and other municipalities and agencies; f. The Mitigation Monitoring and Reporting Program (MMRP); g. Transmittal packages to the Buena Park Planning Commission for review on August 27, 2008; h. Minutes of the Buena Park Planning Commission meeting dated August 27, 2008; i. City Council certified the Final EIR, Findings of Fact and Statement of Overriding Considerations, and Mitigation Monitoring Program on October 14, 2008; j. Any applicable materials required to be in the record or proceedings by Public Resources Code Section (e). Thus, the City proposes to approve the BOMUSP and adopt the Findings of Fact as set forth herein. C. CUSTODIAN AND LOCATION OF RECORDS Section 8 (References) of the EIR contains a list of the references used in preparation of the environmental analysis. The referenced materials and other materials, which constitute the administrative record for the City s actions related to the BOMUSP are located at the City of Buena Park Community Development Department, which serves as the custodian of the administrative record for the BOMUSP. Copies of these documents, which constitute the record of proceedings, have been and will be available upon request at the offices of the City Community Development Department. The contact for this material is: Mr. Jay Saltzberg, Planning Manager City of Buena Park Community Development Department 6650 Beach Blvd. Buena Park, CA jsaltzberg@buenapark.com (714) This information is provided in compliance with Public Resources Code Section (a)(2) and Guidelines Section 15091(e). R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 2 Introduction

5 II. PROJECT SUMMARY A. PROJECT LOCATION The Beach and Orangethorpe Mixed-Use Specific Plan (BOMUSP) project site is located in the City of Buena Park in Orange County, California. The project site is bordered by Melrose Street to the north, Beach Boulevard (State Route [SR]-39) to the west, Orangethorpe Avenue to the south, and Brenner Avenue to the east. Regional access to the project site is provided by Interstate 5 (I-5) located approximately 0.3-mile to the north of the project site, and State Route 91 (SR-91) located approximately 0.2-mile to the south. B. PROJECT DESCRIPTION The BOMUSP would allow for an urban mixed-use development on the acre project site to be built in at least two phases. The BOMUSP does not provide a specific land use concept; rather, it identifies a number of land use concepts that demonstrate how development allowed under the BOMUSP could be implemented on the site. The ultimate building layout and site planning would occur during subsequent development approvals, including the tentative tract map and precise planning processes. The maximum development that would be allowed by the proposed BOMUSP is: 1,000 multifamily residential units in high-rise structures; 355,000 square feet (sf) of retail development; and a 300-room/277,000-sf hotel. The project is expected to require approximately 4,560 parking spaces in subterranean and above-grade parking structures. The BOMUSP would allow one of the residential buildings proposed in Phase 1 to be alternatively developed with office uses, depending on economic market demands. This option would represent a reduction of approximately 177 residential units in Phase 1 and the addition of approximately 195,000 sf of office space. If office space is developed in lieu of residential units, the maximum number of residential units would be reduced to 823 units. Under both development scenarios (with and without office), the proposed BOMUSP would require the construction of on- and offsite utilities (e.g., sewer, water, storm drain, electric, gas, telephone) to serve the proposed uses. Some improvements, including transportation improvements and utility infrastructure improvements, would be required within the jurisdiction of the California Department of Transportation (Caltrans) (i.e., Beach Boulevard, SR-91, I-5). Due to the site s proximity to the Fullerton Municipal Airport, the BOMUSP requires that all buildings comply with Federal Aviation Administration (FAA) height restrictions (refer to SC 5-4 of the EIR) associated with operation of the Fullerton Municipal Airport. The maximum height levels range from 169 feet above grade level (AGL) in the northeastern corner of the project site to 204 feet AGL in the southwestern corner. The BOMUSP also requires the following setback and height restrictions for the development of high-rise buildings adjacent to existing residential homes, whether within the project site boundary or across Melrose Street or Brenner Avenue (refer to PDF 1-1 of the EIR): Buildings located within 50 feet of single-family residential property shall be limited to a 15-foot maximum height. Buildings located at a distance greater than 50 feet from single-family residential property shall be limited to a 50-foot height plus 1 additional vertical foot for every 1 horizontal foot of separation from the single-family residential property (1:1 slope). The project site is predominantly flat with no distinguishing topographical features, and on-site vegetation is limited to ornamental trees, grass, and shrubs. The center and southeastern R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 3 Project Summary

6 portions of the site are undeveloped with the exception of one single-family residence on Orangethorpe Avenue. Residential uses are located along the northern and eastern perimeters (15 single-family residences), and commercial and restaurant uses are located along the northwestern and southwestern corners of the site. Full build-out of the BOMUSP would require the demolition of existing on-site structures. The City of Buena Park s Redevelopment Agency has established the Consolidated Redevelopment Project Area to encourage the conversion of blighted areas of the city into areas of economic stability. Consolidated Redevelopment Project Area includes the project site. In addition, the City of Buena Park has identified Beach Boulevard generally between Melrose Street and La Palma Avenue as the Buena Park Entertainment Corridor to encourage developments focused on entertainment and tourism along Beach Boulevard. To better guide and stimulate the future success of the Entertainment Corridor, the Entertainment Corridor Specific Plan (ECSP) was adopted in 1986 and was last amended in The BOMUSP site is within the ECSP s California District Land Use Sub-District A1, Neighborhood Commercial Center & Recreational. This area is planned for development of new local-serving development that capitalizes on freeway access. C. DISCRETIONARY ACTIONS The BOMUSP requires the following initial discretionary land use approvals by the City of Buena Park to be implemented: 1. Certification of the Beach and Orangethorpe Mixed-Use Specific Plan Program Final Environmental Impact Report. 2. General Plan Amendment. The existing land use designations for the project site are Tourist Entertainment, Low-Density Residential, and Commercial. As part of the project, the General Plan land use designation would be changed for the property under the Applicant s ownership and property or controlled by the City of Buena Park Redevelopment Agency (Redevelopment Agency) to Beach and Orangethorpe Mixed- Use Specific Plan (BOMUSP). 3. Zone Change. Current zoning for the project site is ECSP, One Family Residential (RS- 6), and Commercial General (CG). As part of the BOMUSP, the zoning for the property under its ownership and property or controlled by the Redevelopment Agency would be changed to Beach and Orangethorpe Mixed-Use Specific Plan (BOMUSP). 4. Adoption of the Beach and Orangethorpe Mixed Use Specific Plan. The BOMUSP identifies the maximum allowable development within the boundaries of the specific plan area. Under the BOMUSP, future development proposals (e.g., tract maps, precise plans) would be developed and reviewed by the City for compliance with provisions of the BOMUSP. The BOMUSP involves the creation of an urban mixed-use development on the acre project site. The BOMUSP would be developed in at least two phases, which include the development of the following: 1,000 residential units, 355,000 sf of retail development, a 300-room/277,000-sf hotel, and up to 3 levels of subterranean parking (with an option of substituting approximately 177 residential units in Phase 1 with approximately 195,000 sf of office space). 5. Amendment to the Entertainment Corridor Specific Plan. The existing ECSP identifies most of the project site as Sub-District A1. The property would be deleted from the ECSP. R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 4 Project Summary

7 6. Development Agreement. A development agreement is being entered into between the Project Applicant and the City that provides a maximum of five years for the Applicant to begin construction of the BOMUSP and includes performance requirements, rules, and development regulations. In addition to the discretionary actions listed above, project implementation would require subsequent discretionary and ministerial approvals by the, including, but not limited to: 1. Tentative Tract or Parcel Maps; 2. Precise Plans; 3. Disposition and Development Agreement; 4. Grading/Demolition/Building Permits; 5. Owners Participation Agreement; and 6. Community Facilities District. D. USE OF THIS CERTIFIED PROGRAM ENVIRONMENTAL IMPACT REPORT The EIR for the BOMUSP was prepared in accordance with Section 15168, Program EIR, of the State CEQA Guidelines. Section states that a program [sic] EIR is an EIR which may be prepared on a series of actions that can be characterized as one large project and are related. The EIR is intended to serve as the primary environmental document for all future entitlements associated with the BOMUSP, including all discretionary approvals requested or required by the City of Buena Park, as the Lead Agency, and responsible and trustee agencies in order to implement the project. Subsequent actions will be reviewed as required by Public Resources Code, Section 21166, and the State CEQA Guidelines, Section CEQA Guidelines Section 15168(c) states that: [s]ubsequent activities in the program must be examined in the light of the program EIR to determine whether an additional environmental document must be prepared. (1) If a later activity would have effects that were not examined in the program EIR, a new Initial Study would need to be prepared leading to either an EIR or a Negative Declaration. (2) If the agency finds that pursuant to Section 15162, no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the program EIR, and no new environmental document would be required. (3) An agency shall incorporate feasible mitigation measures and alternatives developed in the program EIR into subsequent actions in the program. (4) Where the subsequent activities involve site-specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were covered in the program EIR. R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 5 Project Summary

8 (5) A program EIR will be most helpful in dealing with subsequent activities if it deals with the effects of the program as specifically and comprehensively as possible. With a good and detailed analysis of the program, many subsequent activities could be found to be within the scope of the project described in the program EIR, and no further environmental documents would be required. With respect to public review of these subsequent activities, CEQA Guidelines Section 15168(e) provides, [w]hen a law other than CEQA requires public notice when the agency later proposes to carry out or approve an activity within the program and to rely on the program EIR for CEQA compliance, the notice for the activity shall include a statement that: (1) This activity is within the scope of the program approved earlier, and (2) The program EIR adequately describes the activity for the purposes of CEQA. E. STATEMENT OF OBJECTIVES As described in Section 3.5 of the EIR, the following project-specific objectives have been formulated for the BOMUSP: Objective 1: To design a project that generates an iconic presence with a unique urban identity and sense of place that serves as a landmark for the City. Objective 2: To create a world-class urban experience for residents and visitors through the cohesive development of a well-balanced mix of upscale residential, retail, restaurant, entertainment, hotel, and office land uses. Objective 3: To create the experience of a walkable downtown community that provides for safe and convenient pedestrian movement, public spaces available for special events, and opportunities for residents, employees, and visitors to interact, socialize, and recreate. Objective 4: To strive to provide a diverse housing stock that meets the needs of those who desire to reside in Buena Park, including accommodating the existing single-family residential land uses located within and/or adjacent to the project site. Objective 5: To design an aesthetically pleasing project with visual continuity through the careful and consistent application of high-quality building, landscape, and hardscape design and materials. Objective 6: To expand and enhance premier commercial, hotel, and office space opportunities along the Entertainment Corridor to create new jobs, economic growth and stability for the City through the creation of a quality employment center. Objective 7: To minimize the impact to the environment through the development of a mixed-use community that encourages residents to work and shop in close proximity to their homes, minimizing their need for automobile trips. Objective 8: To preserve the valuable resource of larger commercial properties by not allowing subdivisions into smaller parcels unless accompanied by a Master Plan for ultimate development with integration of circulation, R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 6 Project Summary

9 access, architectural design, and landscaping regardless of individual ownership. Objective 9: To implement the goals and policies of the City of Buena Park General Plan to ensure that development of the site is accomplished consistent with these applicable goals and objectives. R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 7 Project Summary

10 III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION The City prepared an Initial Study for the BOMUSP and based on that Initial Study, the City determined that the BOMUSP may have a significant effect on the environment and that an EIR should be prepared to analyze the potential environmental impacts associated with approval and implementation of the BOMUSP. On November 26, 2007, in accordance with Section of the State CEQA Guidelines, the City distributed a Notice of Preparation (NOP) for an EIR to the State Clearinghouse, federal, State, regional, and local government agencies, and other interested parties. A number of agencies and other interested parties responded to the NOP. A copy of the Initial Study, NOP, and the responses received during the 30-day Initial Study public review period are contained in Appendix A to the EIR. Additionally, the City held an EIR scoping meeting on January 15, 2008, at the City Council Chambers. The Initial Study responses, NOP comments, and the comments received from the public at the scoping meeting were used to establish the scope of the issues considered in the preparation of the EIR. The EIR for the BOMUSP was then circulated for review and comment by the public, agencies and organizations for a 45-day public review period that began on August 12, 2008 and concluded on September 25, A Notice of Availability (NOA) was mailed to various agencies and organizations and to individuals that had previously requested such notice, including individuals who provided NOP comments, and was advertised in the Orange County Register for one day. The NOA was also filed with the City Clerk and required notice was provided to the public. During the public review period, comment letters on the Draft EIR were received. On August 27, 2008, the City of Buena Park Planning Commission reviewed and considered the Draft EIR and the BOMUSP. The public had opportunity to provide comment of the Draft EIR and the BOMUSP at the Planning Commission hearing; however, no public comments were received during the public hearing. The Planning Commission recommended approval of the BOMUSP and certification of the EIR by the City Council. On September 23, 2008, the City Council held a public hearing and introduced ordinances for first reading on Zone Change Z08-002, Specific Plan Amendment SPC08-001, new Specific Plan SPC08-002, Development Agreement DA08-003, and continued the public hearing on Environmental Impact Report EIR and General Plan Amendment GP to their meeting on October 14, 2008 on a 5-0 vote. At the meeting on October 14, 2008, it is anticipated that the City Council will adopt Resolutions certifying the Final Environmental Impact Report No. EIR08-001, including Responses to Comments, Mitigation Monitoring Reporting Program (MMRP), and Statement of Overriding Considerations; approve General Plan Amendment No. GP08-003; and second readings of Ordinance Nos (Zone Change No. Z08-002); 1523 (Specific Plan Amendment No. SPC08-001); 1524 (Specific Plan No. SPC08-002); and 1525 (Development Agreement No. DA08-003). R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 8 Environmental Review and Public Participation

11 IV. GENERAL FINDINGS The City of Buena Park (City) hereby finds as follows: 1. The City is the Lead Agency for the BOMUSP evaluated in the EIR; 2. The EIR was prepared in compliance with CEQA and the State CEQA Guidelines; 3. The City has independently reviewed and analyzed the EIR, and these documents reflect the independent judgment of the City; 4. A Mitigation Monitoring and Reporting Program (MMRP) has been prepared for the BOMUSP, which the City has adopted or made a condition of approval of the BOMUSP. That MMRP is incorporated herein by this reference and is considered part of the record of proceedings for the BOMUSP; 5. The MMRP designates responsibility and anticipated timing for the implementation of mitigation. The City Community Development Department will serve as the MMRP Coordinator; 6. In determining whether the BOMUSP has a significant impact on the environment, and in adopting these Findings pursuant to Section of CEQA, the City has complied with CEQA Sections and ; 7. The potential impacts of the BOMUSP have been analyzed to the extent feasible at the time of certification of the Final EIR; 8. The City reviewed the comments received on the Draft EIR and the responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information regarding environmental impacts to the EIR. 9. The City has based its actions and decisions on full appraisal of all viewpoints, including all comments received up to the date of adoption of these Findings, concerning the environmental impacts identified and analyzed in the EIR; 10. The City has made no decisions that constitute an irretrievable commitment of resources toward the BOMUSP prior to the certification of the Final EIR, nor has the City previously committed to a definite course of action with respect to the BOMUSP; 11. Copies of all the documents incorporated by reference in the EIR are and have been available upon request at all times at the offices of the City Community Development Department, the custodian of record for such documents or other materials; and 12. Having received, reviewed, and considered all information and documents in the record, the City hereby conditions the BOMUSP and finds as stated in these Findings. R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 9 General Findings

12 V. FINDINGS REGARDING IMPACTS The are organized as follows: Beach and Orangethorpe Mixed-Use Specific Plan Environmental issues determined to have no impact and/or not requiring further study in the EIR; Environmental impacts determined to be less than significant; Environmental impacts determined to be mitigated to below a level of significance, and; Environmental impacts determined to be significant and unavoidable after mitigation. A. ENVIRONMENTAL ISSUES DETERMINED TO HAVE NO IMPACT AND/OR NOT REQUIRING FUTHER STUDY IN THE EIR As part of the environmental review for the BOMUSP, the City determined based on information in light of the whole record that its decision to prepare and certify the Final EIR is supported by substantial evidence in the form of reports and studies analyzing the impacts of the BOMUSP on the environment. Further, the City determined that the BOMUSP would have no impact on the following environmental areas of concern and/or no further analysis was required in the EIR. These issues are further discussed in Section of the EIR and Appendix A of the EIR. Aesthetics Scenic Vistas and Scenic Resources Within a State Scenic Highway Agricultural Resources Conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance; Agricultural Zoning or a Williamson Act Contract; and Off-site Farmland Conversion Air Quality Objectionable Odors Biological Resources Habitat Modification; Species identified as Candidate, Sensitive, or Special Status; Riparian Habitat or Other Sensitive Communities; Federally Protected Wetlands; Movement of Native, Migratory Fish, or Wildlife Species; Local Policies or Ordinances Protecting Biological Resources; and Habitat Conservation Plan, Natural Community Conservation Plan, or Other Habitat Conservation Plan Cultural Resources Historical Resources; Human Remains Geology and Soils Rupture of a Known Earthquake Fault; Landslides; Substantial Soil Erosion; and Use of Alternative Waste Water Disposal Systems Hazards and Hazardous Materials Routine Transport, Use, or Disposal of Hazardous Materials; Hazardous Emissions or Handling Hazardous Materials within One-Quarter- Mile of an Existing or Proposed School; Located in the Vicinity of a Private Airstrip; Adopted Emergency Response Plans; and Expose People or Structures to Threat of Wildland Fires Hydrology and Water Quality Groundwater Supplies; Existing Drainage Patterns or Erosion On- or Off-Site; Inundation by Seiche, Tsunami, or Mudflow Land Use and Planning Habitat Conservation Plans R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 10

13 Mineral Resources Known Mineral Resource of Value; Availability of Locally Important Mineral Resource Noise Public Airport or Private Airstrip Noise Population and Housing Displacement of Substantial Numbers of Existing Housing; Displacement of Substantial Numbers of Existing People Transportation/Traffic Air Traffic Patterns; Hazards Due to a Design Feature; and Alternative Transportation Utilities and Service Systems Wastewater Treatment Requirements; Permitted Landfill Capacity; Solid Waste Regulations B. ENVIRONMENTAL IMPACTS UNDER THE PROGRAM EIR DETERMINED TO BE LESS THAN SIGNIFICANT This section of the Findings summarizes the potential effects evaluated in the Draft EIR that were determined to be less than significant with implementation of the BOMUSP and no mitigation is required. This includes impacts that are less than significant with application of identified Project Design Features (PDFs) and/or Standard Conditions (SCs). Following is a description of PDFs and SCs: Project Design Features PDFs are specific design elements proposed by the Project Applicant that have been incorporated into the project to prevent the occurrence of, or reduce the significance of, potential environmental effects. Because PDFs have been incorporated into the project, they do not constitute mitigation measures as defined by CEQA. However, PDFs are identified for each topical issue and are included in the mitigation monitoring program to be developed for, and implemented as a part of, the proposed project. In the absence of the implementation of a PDF, a significant impact could occur. Standard Conditions Existing requirements and standard conditions are based on local, State, or federal regulations or laws that are frequently required independently of CEQA review and also serve to offset or prevent specific impacts. Typical standard conditions and requirements include compliance with the provisions of the California Building Code, South Coast Air Quality Management District Rules, local agency impact fees, etc. The City may impose additional conditions on the project during the approval process, as appropriate, including those that are standard to all projects, typical to a project of a particular nature, or specific to the proposal. The summary of the environmental effects found to be less than significant is based on the environmental analysis provided in the Initial Study (Environmental Assessment) located in Appendix A of the EIR and the EIR, Section 4.0 (Methodology, Existing Conditions, Thresholds of Significance, Environmental Impacts, Mitigation Program, Cumulative Impacts, and Level of Significance After Mitigation). 1. AIR QUALITY Environmental Impact: As discussed in Section 4.2 of the EIR, no significant impacts from localized construction emissions of nitrogen oxide (NOx) or carbon monoxide (CO); regional construction emissions of volatile organic compounds (VOCs) or CO; localized operation emissions of NOx, CO, particulate matter with an aerodynamic diameter of 10 micrometers or R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 11

14 less (PM10), and fine particulate matter with an aerodynamic diameter of 2.5 micrometers or less (PM2.5); or regional operation emissions of PM2.5 were identified for the following thresholds: Threshold 2.2: Violate any air quality standard or contribute substantially to an existing or projected air quality violation. Threshold 2.3: Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable NAAQS or CAAQS (including releasing emissions that exceed quantitative thresholds for ozone precursors). Threshold 2.4: Expose sensitive receptors to pollutant concentrations. Finding: The BOMUSP will have no significant adverse effects regarding localized construction emissions of nitrogen oxide (NOx) or carbon monoxide (CO); regional construction emissions of volatile organic compounds (VOCs) or CO; localized operation emissions of NOx, CO, PM10, and PM2.5; or regional operation emissions of PM2.5. Facts in Support of Finding: The EIR analyzed potential impacts regarding construction and operation criteria pollutant emissions in Section 4.2 and the Air Quality Report located in Appendix D of the EIR, which are incorporated by reference herein. Construction and operationrelated activities associated with implementation of the BOMUSP would result in a net increase of localized construction emissions of nitrogen oxide (NOx) or carbon monoxide (CO) regional construction emissions of volatile organic compounds (VOCs) or CO; localized operation emissions of NOx, CO, PM10, and PM2.5; or regional operation emissions of PM2.5 when compared to existing conditions; however, the BOMUSP contribution of these criteria pollutants would not be significant per the significance thresholds established by SCAQMD. Construction would be required to be performed in accordance with South Coast Air Quality Management District (SCAQMD) Rule 1113, Architectural Coatings (SC 2-2). SC 2-2 VOC Emission Reduction. The following measure is required to minimize emissions of volatile organic compounds (VOCs) in compliance with SCAQMD Rule 1113: Architectural coatings shall be selected so that the average VOC content of the coatings is at least 10 percent less than the VOC content required by SCAQMD Rule HYDROLOGY AND WATER QUALITY (FLOODING) Environmental Impact: As discussed in Section 4.6 of the EIR, no significant impacts regarding hydrology were identified for the following thresholds: Threshold 6.6: Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. Threshold 6.7: Place within a 100-year flood hazard area structures that would impede or redirect flows. Threshold 6.8: Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 12

15 Finding: The BOMUSP will have no significant adverse effects regarding flooding or location of structures within a 100-year flood hazard area and no mitigation measure is required beyond compliance with Project Design Features. Facts in Support of Finding: The EIR analyzed potential impacts regarding flooding in Section 4.6 and the Hydrology Report, located in Appendix H of the EIR, which are incorporated by reference herein. Project design features ensure that potential impacts associated with the project site s location within a portion of the Federal Emergency Management Agency (FEMA) 100-year flood plain and the Brea Dam/Carbon Canyon Inundation Zone would be less than significant. Specifically, PDF 6-1 and PDF 6-2 would improve storm drain facilities within Beach Boulevard to address storm water runoff from the project site and would alleviate existing flooding problems within the project s drainage area. PDF 6-3 would ensure that on-site buildings would be designed and constructed at least 1 foot above the 100-year flood water surface elevation to ensure that structures would be protected from flooding in the future. SC 6-5 requires the completion of a Conditional Letter of Map Revision (CLOMR) and subsequent Letter of Map Revision (LOMR) to redefine the flood plain. The EIR determined that all project-specific and cumulative impacts regarding Thresholds of Significance 6.6 through 6.8 would be less than significant and no mitigation is required beyond compliance with identified Project Design Features and Standard Conditions. PDF 6-1 The Property Owner/Developer shall replace the existing 18- to 27-inch storm drain pipelines within Beach Boulevard with reinforced concrete pipe (RCP) storm drains ranging in size from 27 to 54 inches from Orangethorpe Avenue to the Fullerton Creek Channel, as well as construct curb opening catch basins in place of the existing grate inlets along Beach Boulevard. PDF 6-2 The Property Owner/Developer shall upgrade the existing 18-inch corrugated metal pipe storm drain extending from the southwestern corner of Melrose Street and Brenner Avenue to the Fullerton Creek Channel with a 24-inch reinforced concrete pipe storm drain within the 10-foot-wide City of Buena Park easement. PDF 6-3 Buildings on the project site shall be designed and constructed 1 foot minimum above the 100-year flood water surface elevation to ensure that the structure will be protected from all flooding events. SC 6-5 If the project is conditioned to improve the Fullerton Creek Channel, a Conditional Letter of Map Revision (CLOMR) and subsequent Letter of Map Revision (LOMR) will be necessary to redefine the flood plain. Prior to issuance of a grading permit, the CLOMR must be in place. The drainage improvements must be either bonded for or constructed prior recordation of the final tract map. The design and construction for the project shall be performed in compliance with the newly defined floodplain and FEMA regulations. The CLOMR and supporting documents and calculations shall be prepared in accordance with FEMA regulations and floodplain requirements. 3. LAND USE AND PLANNING Environmental Impact: As discussed in Section 4.7 of the EIR, no significant impacts regarding land use and planning were identified for the following thresholds: Threshold 7.1: Physically divide an established community. R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 13

16 Threshold 7.2: Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. Finding: The BOMUSP will have no significant adverse effects regarding land use and planning policies and no mitigation measure is required. Facts in Support of Finding: The EIR analyzed potential impacts regarding land use and planning in Section 4.7. Consistent with the goals of the City s General Plan, implementation of the BOMUSP would redevelop a blighted area, and would bring additional residents to the project site. Therefore, any residential property owners that choose to remain on site, as well as residential property owners across the street along Melrose Street and Brenner Avenue, would be a part of a larger residential area that includes the proposed on-site residential units. Therefore, the BOMUSP would not divide an established community. With implementation of required standards described in the BOMUSP and mitigation as set forth in the EIR, the BOMUSP would not conflict with major goals and policies of the City of Buena Park General Plan, the ECSP, or the City s Redevelopment Agency s mandate. The EIR determined there would be less than significant project-specific and cumulative impacts regarding Thresholds for Significance 7.1 and 7.2 and no mitigation is required. 4. PUBLIC SERVICES (FIRE PROTECTION) Environmental Impact: As discussed in Section 4.10 of the EIR, no significant impacts regarding fire protection services were identified for the following threshold: Threshold 10.1: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which would cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for fire protection (Threshold ). Finding: The BOMUSP will have no significant adverse effects regarding fire protection services and no mitigation is required beyond implementation of Standard Conditions. Facts in Support of Finding: The EIR analyzed potential impacts regarding fire protection services in Section Implementation of the proposed project would increase the demand for Orange County Fire Authority services; however, it would not result in the need for the construction of new or expanded fire facilities. Compliance with fire protection design standards during the precise site planning and construction design processes, as described under SC 10-1, would ensure that future development within the BOMUSP project site does not inhibit the ability of fire protection or paramedic crews to respond at optimum levels. The EIR determined there would be less than significant project-specific and cumulative impacts regarding fire protection services and no mitigation is required beyond implementation of Standard Conditions. SC 10-1 The Property Owner/Developer shall comply with all applicable codes, ordinances and standard conditions, including the current edition of the California Fire Code and the Buena Park Municipal Code, regarding fire prevention and suppression measures, fire hydrants, automatic fire extinguishing systems (including sprinklers), fire access, water availability, and requirements for high rise structures, among other requirements. Prior to issuance of building permits, the Orange County Fire Authority and the City of Buena Park Community R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 14

17 Development Department shall verify compliance with applicable codes and that the following fire safety measures are included in the project design: Structures shall have automatic fire sprinkler systems. A supervised fire alarm system per the requirements of the California Fire Code in an accessible location with annunciator. Access to and around structures to meet Orange County Fire Authority and California Fire Code requirements. A water supply system to supply fire hydrants and automatic fire sprinkler systems. A turning radius and access in and around the project site and buildings shall be designed accommodate large fire department vehicles and their weight. Traffic signals on public access ways shall include the installation of optical preemption devices. Electrically operated gates, if any, shall have emergency opening devices as approved by the Orange County Fire Authority. 5. PUBLIC SERVICES (POLICE PROTECTION) Environmental Impact: As discussed in Section 4.10 of the EIR, no significant impacts regarding police protection services were identified for the following threshold: Threshold 10.1: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which would cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for police protection (Threshold ). Finding: The BOMUSP will have no significant adverse effects regarding police protection services and no mitigation is required. Facts in Support of Finding: The EIR analyzed potential impacts regarding police protection services in Section Implementation of the project would increase the demand for police protection services; however, it would not result in the need for the construction of new or expanded police facilities. The EIR determined there would be less than significant projectspecific and cumulative impacts regarding police protection services and no mitigation is required. 6. PUBLIC SERVICES (SCHOOLS) Environmental Impact: As discussed in Section 4.10 of the EIR, no significant impacts regarding schools were identified for the following threshold: Threshold 10.1: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which would cause significant R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 15

18 environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for schools (Threshold ). Finding: The BOMUSP will have no significant adverse effects regarding schools and no mitigation is required beyond compliance with Section of the Government Code regarding development fees for schools. Facts in Support of Finding: The EIR analyzed potential impacts regarding schools in Section Implementation of the BOMUSP would generate additional students in the Buena Park School District and the Fullerton Joint Union High School District. With payment of required new development fees (pursuant to Section of the Government Code), or implementation of a facility and funding agreement (SC 10-2) these impacts would be less than significant. The EIR determined there would be less than significant project-specific and cumulative impacts regarding schools and no mitigation is required. SC 10-2 Prior to issuance of a building permit, the Property Owner/Developer shall pay new development fees to the Buena Park School District and Fullerton Joint Union High School District pursuant to Government Code, Section Under State law, payment of the developer fees provides full and complete mitigation of the project s impacts on school facilities. As an option to the payment of developer fees, the Buena Park School District and/or Fullerton Joint Union High School District and the Property Owner/Developer can enter into a future facility and funding agreement if approved by both parties. Evidence that agreements have been executed shall be submitted to the Community Development Department, or fees shall be paid with each building permit. 7. PUBLIC SERVICES (LIBRARY SERVICES) Environmental Impact: As discussed in Section 4.10 of the EIR, no significant impacts regarding library services were identified for the following threshold: Threshold 10.1: Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which would cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for library services (Threshold ). Finding: The BOMUSP will have no significant adverse effects regarding library services and no mitigation is required. Facts in Support of Finding: The EIR analyzed potential impacts regarding library services in Section Implementation of the BOMUSP would increase the demand for Buena Park Library District services; however, it would not result in the need for the construction of new or expanded facilities. The EIR determined there would be less than significant project-specific and cumulative impacts regarding library services and no mitigation is required. 8. PUBLIC SERVICES (PARKS AND RECREATION) Environmental Impact: As discussed in Section 4.10 of the EIR, no significant impacts regarding parks and recreation were identified for the following thresholds: Threshold 10.2: Result in substantial adverse physical impacts associated with the provision of new or physically altered park facilities, need for new or physically altered R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 16

19 park facilities, the construction of which would cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for park services. Threshold 10.3: Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. Threshold 10.4: Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. Finding: The BOMUSP will have no significant adverse effects regarding parks and recreation and no mitigation is required beyond compliance with the Standard Condition Facts in Support of Finding: The EIR analyzed potential impacts regarding parks and recreation in Section Implementation of the BOMUSP would increase the use of existing parks and recreational facilities in the City. With implementation of SC 10-3, this impact would be less than significant. No additional impacts would occur related to the construction or expansion of recreational facilities. The EIR determined there would be less than significant project-specific and cumulative impacts regarding parks and recreation and no mitigation is required. SC 10-3 Prior to the issuance of a building permit, the Property Owner/Developer shall contribute fees to the City of Buena Park s Park In-Lieu Fund in accordance with Sections through of the City of Buena Park Municipal Code. 9. TRANSPORTATION (EMERGENCY ACCESS AND PARKING) Environmental Impact: As discussed in Section 4.11 of the EIR, no significant impacts regarding transportation were identified for the following threshold: Threshold 11.1: Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume-to-capacity ratio on roads, or congestion at intersections) (regarding construction-related impacts only). Threshold 11.3: Result in inadequate emergency access. Threshold 11.4: Result in inadequate parking capacity. Finding: The BOMUSP will have no significant adverse effects regarding short-term construction related traffic, emergency access, and parking and no mitigation measure is required. Facts in Support of Finding: The EIR analyzed potential impacts regarding short-term construction-related traffic, emergency access and parking in Section 4.11 and the Traffic Analysis in Appendix J of the EIR, which are incorporated by reference herein. The BOMUSP would result in less than significant impacts related to emergency access during construction and operation and no mitigation would be necessary beyond compliance with SC 10-1 and describing applicable codes, ordinances and standard conditions, including the current edition of the California Fire Code and the Buena Park Municipal Code, to ensure adequate fire protection, including accessibility. R:\PAS\Projects\BuenaPa\J002\OverridingConsiderations-Findings\Findings_ doc 17