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HomeMy WebLinkAboutResolutions - No. 2002-131RESOLUTION NO. 2002-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI CONSIDERING AND MAKING FINDINGS AS TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED REDEVELOPMENT PLAN FOR THE LODI REDEVELOPMENT PROJECT NO. 1; ADOPTING A STATEMENT OF FINDINGS, FACTS, AND OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING PLAN WHEREAS, as the Lead Agency, the Redevelopment Agency of the City of Lodi (the "Agency") has prepared an Environmental Impact Report (the "EIR") on the proposed Redevelopment Plan (the "Redevelopment Plan") for the Lodi Redevelopment Project No. 1 (the "Project") pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq., hereinafter referred to as "CEQA"), the Guidelines for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Section 15000 et seq., hereinafter referred to as the "State CEQA Guidelines"), and procedures adopted by the Agency relating to environmental evaluation; and WHEREAS, the Agency transmitted for filing a Notice of Completion of the Draft EIR and thereafter in accordance with CEQA and the State CEQA Guidelines forwarded the Draft EIR to the State Clearinghouse for distribution to those state agencies which have discretionary approval or jurisdiction by law over natural resources affected by the Redevelopment Plan, to the affected taxing agencies, and to other interested persons and agencies and sought the comments of such persons and agencies; and WHEREAS, notice to all interested persons and agencies inviting comments on the Draft EIR was published in accordance with the provisions of CEQA and the State CEQA Guidelines; and WHEREAS, the Draft EIR was thereafter revised and supplemented to adopt changes suggested, to incorporate comments received during the public review period pursuant to CEQA and the State CEQA Guidelines, and to incorporate the Agency's responses to said comments, and as so revised and supplemented, a Final EIR was prepared by the Agency; and WHEREAS, a joint public hearing was held by the Agency and the City Council of the City of Lodi (the "City Council") on June 19, 2002, on the Redevelopment Plan and the Final EIR, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto have been heard, and said Final EIR and all comments and responses thereto have been considered; and WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented to incorporate all comments received and the responses of the Agency thereto, and is part of the Agency's Report to the City Council on the Redevelopment Plan; and WHEREAS, the City of Lodi is a Responsible Agency, as defined in Section 21069 of the Public Resources Code, with respect to the Redevelopment Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council has evaluated all comments, written and oral, received from persons who have reviewed the Final EIR and has duly reviewed and considered the Final EIR prepared and certified by the Agency prior to adopting this resolution and acting on the Redevelopment Plan. Section 2. The City Council hereby adopts the Statement of Findings, Facts, and Overriding Considerations relating to the environmental impact of the Redevelopment Plan for the Lodi Redevelopment Project No. 1 as set forth in Exhibit A attached hereto and incorporated herein by this reference (including, without limitation, the mitigation measures therein set forth). Based upon such Statement of Findings, Facts, and Overriding Considerations, the City Council hereby finds that all significant environmental effects have been eliminated or substantially lessened except the following unavoidable adverse impacts: (1) Long Term Regional Emissions Increases. Based upon the foregoing, the City Council finds and determines that the Redevelopment Plan will have a significant effect upon the environment but that the benefits of the Redevelopment Plan outweigh the unavoidable adverse impacts for the reasons set forth in the Statement of Findings, Facts, and Overriding Considerations, in particular, Part V thereof. Section 3. The City Council hereby adopts the Mitigation Monitoring Plan set forth in Exhibit B attached hereto and incorporated herein by this reference. Section 4. Upon approval and adoption of the Redevelopment Plan by the City Council, the City Clerk is hereby directed to file a Notice of Determination with the County Clerk of the County of San Joaquin pursuant to the provisions of Section 21152 of CEQA and Section 15096(i) of the State CEQA Guidelines. Dated: June 19, 2002 hereby certify that Resolution No. 2002-131 was passed and adopted by the Lodi City Council in a special joint meeting of the Lodi City Council and the Redevelopment Agency of the City of Lodi held June 19, 2002 by the following vote: AYES: COUNCIL MEMBERS — Howard, Land, Nakanishi, and Mayor Pennino NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — Hitchcock i Raw=M 11 SUSAN J. BLACKSTON City Clerk 2002-131 MAS/CCResoEIRFndgs 2 10/2/01 EXHIBIT A STATEMENT OF FINDINGS, FACTS, AND OVERRIDING CONSIDERATIONS RELATING TO THE ENVIRONMENTAL IMPACTS OF THE REDEVELOPMENT PLAN FOR THE LODI REDEVELOPMENT PROJECT NO. 1 I. INTRODUCTION The California Environmental Quality Act (Public Resources Code Section 21000 et seq., "CEQA") provides, in Section 21081, that: "[N]o public agency shall approve or carry out a project for which an environmental impact report 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." As defined in CEQA, "'significant effect on the environment' means a substantial, or potentially substantial, adverse change in the environment." (Public Resources Code Section 21068.) II. DESCRIPTION OF THE PROJECT PROPOSED FOR APPROVAL For purposes of CEQA, the "project" addressed in the Final Environmental Impact Report (the "Final EIR") is the adoption and phased implementation of the Redevelopment Plan (the "Redevelopment Plan") for the Lodi Redevelopment Project No. 1 (the "Project"). As more particularly identified in the Final EIR, the Project Area covers approximately 1,184 acres of land within the City of Lodi, including commercial, industrial, parks, residential and public right of way 1 Exhibit A land uses. Under the Redevelopment Plan, the Project would be developed in accordance with the land uses designated and permitted by the General Plan for the City of Lodi. The Final EIR describes the environmental impacts that may occur as a result of the adoption and phased implementation of the Redevelopment Plan and identifies, where applicable, measures which would mitigate significant effects on the environment to a level of insignificance. Findings regarding the significant effects of the Project are set forth below. III. ENVIRONMENTAL IMPACTS OF THE PROJECT; FINDINGS REGARDING SIGNIFICANT EFFECTS OF THE PROJECT This Part III identifies the potentially significant and unavoidably significant effects of the Project as determined by the Agency, including the findings and facts supporting the findings in connection therewith. The Final EIR discussed Hazardous Materials but no impacts were anticipated. The following areas were discussed in the Final EIR and include mitigation measures that are incorporated into the Redevelopment Plan or are unavoidably significant effects on the Project: A. Land Use and Visual Factors Environmental Impact Adverse Land Use Compatibility Impacts. Some project - facilitated land use changes within the Project Area could result in adverse land use compatibility impacts. Given the proximity of some existing, planned and anticipated residential uses in the Project Area to existing and planned commercial and industrial areas, project -assisted development could introduce significant new land use conflicts among specific residential, commercial and industrial developments. Finding: The mitigation feasible and shall be required The mitigation measures will significant' level. measures identified below are in or incorporated into the Project. reduce the impact to a "less than Facts in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: (a) During City review and prior to approval of individual projects within the Project Area, emphasize the need to avoid significant new land use conflicts between non-residential and residential development, between sensitive new commercial uses and existing nuisance -prone commercial and industrial uses, and between new nuisance prone commercial and industrial uses and sensitive existing commercial uses. (b) During review procedures and the formulation of conditions of approval, require assurances to City satisfaction of: (1) adequate land use separation, scale transition, and noise buffering; (2) creative siting of buildings to avoid conflicts; (3) Exhibit A adequate protections against light, glare, and shadow impacts; (4) adequate odor control; (5) adequate offstreet parking provisions; (6) adequate and safe truck access and offstreet loading provisions; and (7) other common measures warranted to avoid such land use conflicts. 2. Environmentallmpact Visual Impacts on Specific Streetscapes Within the Proiect Area. The visual quality of future development in specific opportunity areas within the Project Area would directly affect the quality of important city streetscapes. Without adequate design control, the Project could facilitate new industrial or mixed- use/commercial development that could adversely affect the visual quality of these highly visible industrial and mixed-use streetscapes, as well as the visual character of surrounding neighborhoods, and of the central area as a whole. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a "less than significant" level. Facts in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: (a) Through the City's currently adopted development permit and design review process, future development in the Industrial Rail Corridor, East Industrial Area, Cherokee Lane Corridor and Lodi West subareas, as designated in the EIR, shall be subject to particularly focused and detailed design review. Implement specific visual impact mitigation guidelines set forth in the City's General Plan, Zoning Ordinance, Downtown Development Standards and Guidelines and Central City Revitalization Program in a manner that, to the satisfaction of City staff and the City's Architectural Approval Committee and Planning Commission, are sufficient to adequately protect and enhance the visual quality of these areas. (b) Applications for future development and property improvements that are subject to discretionary approval in the Industrial Rail Corridor, East Industrial Area, Cherokee Lane Corridor and Lodi West subareas, as designated in the EIR, shall incorporate the appropriate combination of specific design guidelines listed in section 4.3 of the EIR in a manner that, to the satisfaction of City staff and the City's Architectural Approval Committee and Planning Commission, are sufficient to adequately reduce project related visual impacts on streets, residential neighborhoods, and the central area as a whole. Exhibit A 3. Environmental Impact Potential Impacts on Visual Character and Image of Eastside Residential Neighborhood. Project facilitated new multi -family development built in the Eastside neighborhood would have the potential to clash visually with the neighborhood's older, predominantly single-family residential character. Finding: The mitigation measure identified below is feasible and shall be required in or incorporated into the Project. The mitigation measure will reduce the impact to a "less than significant" level. Facts in Support of the Findinq: The following mitigation measure is incorporated into the Redevelopment Plan: In review and processing of residential development projects within the Eastside residential neighborhood, place special emphasis on implementation of locational strategy contained in the Central City Revitalization Program to protect and improve the visual character and integrity of the neighborhood. Encourage locations at the edge of the neighborhood and require appropriate visual buffering and scale transition between new multi -family structures and existing single-family development, to the satisfaction of City staff and the City's Architectural Approval Committee and Planning Commission. B. Population. Housing and Employment 1. Environmentallmpact Potential Jobs/Housing Balance Impacts. Project -facilitated development and the projected addition of a substantially greater number of jobs than housing units in the Project Area may exacerbate the existing jobs/housing imbalance (weighted towards jobs in comparison to the County as a whole). Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a "less than significant" level. Facts in Support of the Finding: The following mitigation measure is incorporated into the Redevelopment Plan: Implementation of mitigation measures identified below in Section III.C.1 of this Statement of Findings, Facts and Overriding Considerations pertaining to project -related commute period vehicular traffic increases and associated project and cumulative transportation system impacts. Exhibit A C. III Transportation and Parking 1. Environmentallmpact Impact on Intersection Signalization Requirements. Additional redevelopment related traffic would increase PM peak hour traffic volumes at the Pine Street/Central Avenue intersection above criteria levels set by Caltrans to determine whether installation of a traffic signal is warranted. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a "less than significant" level. Facts in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: Caltrans has established eleven possible tests, or "warrants", for determining whether installation of a traffic signal should be considered. Usually, two or more of these must be met before a signal is warranted. The EIR analysis indicates that only the warrant related to peak hour traffic volume would be met for the Pine Street/Central Avenue intersection. The City shall monitor traffic volumes and conditions at the Pine Street -Central Avenue intersection, and when two or more Caltrans signal warrant criteria are met, shall place the intersection on the City's priority list for Signalization. Infrastructure and Public Facilities 1. Environmental Impact Anticipated Water Supply Impacts. Anticipated increases in commercial activity, employment and residential population associated with the Project would result in corresponding increases in the demand for water service. The City is prepared to provide the additional domestic water necessary for anticipated additional development in the Project Area, but water table fluctuations due to basin overdraft give rise to some uncertainty regarding available water supply for the City's future needs. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a less than significant level. Exhibit A • Facts in Support of Finding: The following mitigation measure is incorporated into the Redevelopment Plan: Implement the City of Lodi General Plan Land Use and Growth Management Element policies which require the City to (1) develop new facilities, as necessary, to serve new develop in accordance with the City's Water, Wastewater and Drainage Master Plans, and (2) assess water, wastewater and drainage development fees on all new residential, commercial, office and industrial development sufficient to fund required systemwide improvements. 2. Environmentallmpact • Water Distribution System Inadequacies. The existing water distribution system may not be adequate to serve anticipated new redevelopment facilitated development and intensification in the Project Area. • Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a less than significant level. • Facts in Support of Finding: The following mitigation measures are incorporated into the Redevelopment Plan: As project facilitated development takes place over the next 20 years, implement remaining needed central area water distribution system improvements identified in Chapter 8 of the City's Water Master Plan. Water conservation should also be promoted as the Project Area redevelops. 3. Environmentallmpact • Sewage Collection System Inadequacies. The existing wastewater collection system may not be adequate to serve anticipated new redevelopment facilitated development and intensification in the Project Area. • Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a less than significant level. • Facts in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: Continue to implement the central area sewage collection system improvements identified as needed in the City of Lodi General 6 Exhibit A 4. 5. Plan, and the City's Sanitary Sewer System Technical Report, including planned improvements to the Eastside neighborhood collection system. Environmental Impact Police Service Demand in Protect Area. Project -facilitated development and intensification within the Project Area would increase demands for police services in the Project Area. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a less than significant level. Facts in Support of the Findina: The following mitigation measures are incorporated into the Redevelopment Plan: Police Department shall monitor the rate of additional police calls per year associated with the Project Area and the adequacy of associated response times. If warranted by the monitoring data, the City shall provide additional officers and facilities (funded through the City's general fund). Following established City procedures, the Police Department shall also review discretionary approvals for project -facilitated commercial and residential development within the Project Area. Environmental Impact Fire Protection and Emergencv Medical Service Demand in Protect Area. Project -facilitated development and intensification within the Project Area would increase demands for fire protection and emergency medical services in the Project Area. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a less than significant level. Facts in Support of the Findina: The following mitigation measures are incorporated into the Redevelopment Plan: Fire Department shall monitor the rate of additional fire protection service calls per year associated with the Project Area and the adequacy of associated response times. If warranted by the monitoring data, the City shall provide additional firefighters and equipment (funded through the City's general fund). Following established City procedures, the Fire Department shall also review discretionary approvals for project -facilitated commercial and residential development within the Project Area. Exhibit A 6. 7. Environmental Impact School Service Demand. Existing Lodi Unified School District (LUSD) schools serving the Project Area may not have sufficient capacity to accommodate the additional school population generated by project -facilitated residential development. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a less than significant level. Facts in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: (a) Redevelopment Agency shall make the statutory pass- through payment of tax increment revenue to the LUSD and the San Joaquin County Office of Education pursuant to Health and Safety Code section 33607.5. (b) City shall require developers in the Project Area to pay state authorized school impact fees to the extent approved by the LUSD. Individual project applicants may also choose to enter into agreements with the LUSD to provide additional impact fees negotiated with LUSD. Environmental Impact Project Park Demand. Park and recreation facilities in the Project Area are already operating at capacity. Project -facilitated development and intensification in the Project Area would incrementally increase the demand for park and recreation services. Based on estimated population increase in the Project Area, the City will need approximately 1.83 acres of additional park land to meet the increased demand. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a less than significant level. Facts in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: City shall ensure that at least 1.83 acres of parkland is developed within or convenient to the Project Area. As project -facilitated build -out takes place in the Project Area, adequate corresponding park and recreation provisions shall be provided through required Exhibit A E. F. dedication of land and/or in -lieu payment of City adopted park and recreation fees. Drainage and Water Quality Environmental Impact Erosion, Sedimentation and Urban Runoff Pollutants. Building construction and infrastructure improvements in the Project Area could further degrade downstream water quality. Factors contributing to downstream water quality problems include soil disturbance during construction, new impervious surfaces created with project -facilitated developments, increased vehicle traffic, and herbicides, pesticides and fertilizers from new landscaping associated with project -facilitated development. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a less than significant level. Facts in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: (a) City shall require applicants for each future project - facilitated development requiring a discretionary approval to comply with all applicable state, regional and City water quality provisions. (b) For projects involving the grading of more than five acres, applicant shall be required to (1) file with the Regional Water Quality Control Board a Notice of Intent to comply with the Statewide General Permit for Construction Activities, (2) prepare and implement a project -specific Stormwater Pollution Prevention Plan (including erosion control plan) if grading is involved, (3) implement a monitoring, inspection and documentation program to assure the effectiveness of control measures, (4) obtain or comply with existing General Stormwater Discharge Permits for Industrial Activities, where applicable, and (5) comply with the NPDES Phase II Non -Point Discharge program. Noise 1. Environmentallmpact Exposure of Sensitive Land Uses to Excessive Environmental Noise Project facilitated intensification of and changes in land uses in the Exhibit A 'rA Project Area could expose additional people to noise levels exceeding acceptable levels. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a "less than significant" level. Facts in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: (a) Noise impacts can be reduced through appropriate site planning, construction of noise barriers, and/or incorporation of noise insulation features into a project's design as specified in the City of Lodi General Plan. Evaluate the impact of each redevelopment -facilitated discretionary development application in the Project Area on the noise environment, particularly when proposed near major transportation noise sources. (b) Require noise assessments for all redevelopment - facilitated discretionary applications in areas adjoining commercial or industrial noise sources, and for noise -generating development facilitated by the redevelopment plan when proposed adjacent to noise sensitive land uses. Environmental Impact Redevelopment Facilitated Construction Noise. Residential and other noise -sensitive uses located adjacent to project -facilitated construction activities could be exposed to noise levels that would interfere with normal activities. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a "less than significant" level. Facts in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: City shall require the use of a combination of the following reasonable construction practices for projects when noise - sensitive receptors are located in the project vicinity, including restricting construction to avoid noise generating activity in the early morning, evening, and on Sundays and holidays, muffling and properly maintaining all internal combustion engine driven equipment, locating stationary noise -generating equipment as far as possible from sensitive receptors, routing construction traffic to and from the project site via designated truck routes, utilizing is Exhibit A G. Air Quality 1. 2. "quiet" air compressors and other stationary noise sources where such technology exists, and designation of a "noise disturbance coordinator" who would be responsible for responding to any local complaints about construction noise. Environmental Impact Construction Activity Air Quality Construction activities facilitated by the proposed redevelopment plan could generate construction period exhaust emissions and fugitive dust that could affect local air quality. In addition, buildings constructed prior to 1979 could have Asbestos Containing Materials (AGMs) which could be released into the air during building demolition. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a "less than significant" level. Facts in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: City shall require that individual redevelopment -facilitated projects involving new construction shall comply, where applicable, with the current San Joaquin Valley Unified Air Pollution Control District ("SJVUAPCD") Regulation VIII requirements. In addition, the City may also require a limitation on traffic speeds on unpaved roads to 15 miles per hour, installation of wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the site, suspension of excavation and grading activities when winds exceed 20 miles per hour, and/or a limitation on the size of the area subject to excavation, grading or other construction activity at any one time to avoid excessive dust. To mitigate any potential demolition -related air quality impacts from ACMs, the demolition contractor would be required to comply with all local, state and federal regulations regarding determination of existence of ACMs and proper removal and disposal to reduce air quality risks associated with airborne ACMs. Prior to the start of construction, the applicant shall submit a dust control plan demonstrating compliance with all SJVUAPCD and City required control measures. Environmental Impact Lona -Term Regional Emissions Increases Emissions resulting from new vehicle trips generated by redevelopment facilitated intensification in the Project Area would, by the year 2020, generate Reactive Organic Gases and Nitrogen Oxides in ii Exhibit A amounts that would exceed the applicable thresholds of significance for each pollutant. These emissions would constitute a significant project impact and would be expected to contribute to a significant cumulative impact. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. Notwithstanding incorporation of these mitigation measures, the Long -Term Regional Emissions Increases are an unavoidable significant effect. Specific economic, legal, social, technological or other benefits of the Project make the alternatives infeasible and outweigh this significant effect. Facts in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: (a) Where practical, future development proposals shall include physical improvements that would act as incentives for pedestrian, bicycle and transit modes of travel. (b) Employment -generating development projects of 10,000 square feet or more shall be required to provide secure and weather -protected bicycle and shower/locker facilities for employees. (c) Employment -generating development projects shall provide carpool/vanpool incentives, develop an employee rideshare incentives program, or use other feasible transportation demand measures to reduce vehicle trip generation. The specific economic, legal, social, technological or other benefits of the Project are more particularly described in the Statement of Overriding Considerations contained in Part V of this Statement of Findings, Facts and Overriding Considerations. H. Vegetation and Wildlife 1. Environmentallmpa Potential Loss of Special -Status Species Redevelopment - facilitated development consistent with the City of Lodi General Plan may result in impacts on special status species. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a "less than significant' level. 12 Exhibit A Facts in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: If disturbance to suitable giant garter snake habitat is proposed as part of a redevelopment assisted development or improvement project, systematic surveys shall be conducted before such a development is approved in order to determine definitively whether any giant garter snakes occur. If any populations are encountered, an appropriate mitigation plan shall be developed in consultation with, and meeting the mitigation criteria of, the California Department of Fish and Game and the United States Fish and Wildlife Service and in compliance with specifications of section 5.2.4.8 of the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan. 2. Environmentallmpact Jurisdictional Wetland Impacts Redevelopment -facilitated development could affect potential jurisdictional wetland habitat. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a "less than significant' level. Facts_ in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: All redevelopment -facilitated development that would involve modifications to potential wetlands and other waters, such as seasonal wetlands that could be present in vacant or under used parcels, shall be coordinated with representatives of the California Department of Fish and Game and the U.S. Army Corps of Engineers, as required by federal and state law, to ensure that any required mitigation protocols and associated project design modifications are incorporated into proposed improvement plans during the initial stages of project review. I. Cultural and Historic Resources 1. Environmentallmpact Protect -Related Potentials for Disturbance of Archaeological Resources Development encouraged and improvements funded by the proposed redevelopment program could disturb sensitive archaeological resources in the Project Area. 13 Exhibit A 2. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a 'less than significant" level. Facts in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: In the event that subsurface cultural resources are encountered during approved ground -disturbing activities for a redevelopment program -related construction activity, work in the immediate vicinity shall be stopped and a qualified archaeologist retained to evaluate the find. The discovery or disturbance of any cultural resources should also be reported to the Central California Information Center, and if prehistoric, to the Native American Heritage Commission. Identified cultural resources should be recorded on a State Department of Parks and Recreation Form 422. Mitigation measures prescribed by these groups and required by the City should be undertaken prior to resumption of construction activities. Environmental Impact Destruction/Degradation of Historic Resources Project - facilitated development in the Project Area has the potential to destroy or substantially. degrade historic resources, if these resources are not identified or recognized and their maintenance, rehabilitation or appropriate reuse are not promoted. Finding: The mitigation measures identified below are feasible and shall be required in or incorporated into the Project. The mitigation measures will reduce the impact to a 'less than significant" level. Facts in Support of the Finding: The following mitigation measures are incorporated into the Redevelopment Plan: All future redevelopment -assisted public improvement projects and private development projects shall be evaluated for the presence of and potential impacts on historic resources. If disturbance of a historic resource cannot be avoided, a mitigation program shall be implemented. The City and private sponsors of future individual projects on sites that contain unlisted structures 45 years or older shall have a qualified professional architectural historian prepare a report to evaluate the suitability of the structure for historic status. If the structure is determined to be eligible for historic status, the Lodi Planning Commission should determine whether the structure should be preserved in place, offered for relocation to another site, or documented with photographs and a report for submittal to a museum or library prior to demolition. 14 Exhibit A Alternatively, a single survey of the Project Area shall be completed and any buildings 45 years of age or older be evaluated and their potential architectural and/or historic significance be determined, prior to any project -facilitated development. IV. FINDINGS REGARDING ALTERNATIVES TO THE PROJECT CEQA requires that an EIR describe a range of reasonable alternatives to the Project or to the location of the Project which could feasibly attain the basic objectives of the Project and to evaluate the comparative merits of the alternatives. Section 15126(d)(1) of the State CEQA Guidelines states that the "discussion of alternatives shall focus on alternatives to the project or to its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly." As more particularly set forth in the Final EIR, the Project was compared to the following alternatives: (1) a "no project" alternative; (2) a modified Project Area boundary; (3) a modified list of Project Area redevelopment actions and/or modified allocation of redevelopment funds to the various actions; (4) an alternative Project Area location; and (5) the Project incorporating the mitigation measures listed in the Final EIR. The following discussion briefly summarizes the listed alternatives. No Project Alternative: Under the No Project alternative, the Redevelopment Plan would not be adopted. No actions would be taken by the Lodi Redevelopment Agency to remove blighting conditions and stimulate additional private investment in the proposed Project Area. No Redevelopment Agency funding would be provided towards housing assistance in the Project Area, and no Redevelopment Agency actions would be taken to fund infrastructure and facility improvements, or to redevelop property. Although it is not possible to quantify the exact level of public and private development that would occur in the proposed Project Area under the No Project alternative, it is reasonable to assume that, with no Redevelopment Agency activity in the Project Area to fund public improvements and to attract an increased level of private investment, existing blighting conditions would remain or worsen. The No Project Alternative is not a viable alternative because it will not meet the basic goal of eliminating and removing blight in the Project Area. Modified Project Boundary Alternative: This alternative would be similar to the proposed project in terms of allocation of funding, but would involve either a reduced area boundary or an enlarged area boundary. Under the reduced area boundary, the overall effectiveness of the redevelopment program would be lessened, since selected activities would have to be reduced or eliminated to compensate for the reduced tax increment revenues accruable to the Redevelopment Agency. If the reduced boundary alternative were selected, the extent of potential growth in the Project Area subject to redevelopment assistance and incentives would be reduced and a corresponding decrease in the land use, traffic, public services, visual, vegetation and wildlife, noise, air quality, and other impacts identified in the EIR could be anticipated. The reduced project area alternative will not effectively reduce and eliminate the blight existing throughout the Project Area and therefore is not a viable alternative. The enlarged area boundary alternative would not be a viable alternative under state redevelopment law. The proposed boundaries of the Project Area were carefully selected 15 Exhibit A based on identification of areas that contain blighted conditions, could benefit from redevelopment activities, and could meet certain other redevelopment law parameters. A combination of blight and general urbanization conditions has not been identified outside the Project Area at the present time. Modified Redevelopment Activities: This alternative would include the same boundaries proposed by the project, but with a modified allocation of project -generated revenues to redevelopment activities within the Project Area. The modified allocation would increase the percentage of total project -related revenue for affordable housing from approximately 20 percent (as proposed in the Project) to approximately 35 percent, with the 15 percent difference taken from the public infrastructure improvement, site assembly and other components of the redevelopment program. Although this alternative would have some positive environmental effects, it would also reduce the beneficial land use compatibility effects of the project, reduce the rate of market rate housing and job growth, and decrease the funding available for storm drainage and flood control improvements, assistance for preservation and maintenance of historic resources, and development driven hazardous waste clean-up. This alternative could further result in a reduced overall level of physical rehabilitation in the proposed Project Area and an associated reduction in facilitation of blight elimination. Because this alternative will not meet the basic goal of eliminating and removing blight in the Project Area, it is not a viable alternative. Alternative Project Area Location: This alternative examined the potential for the Project Area to be located on other sites. However, the boundaries of the proposed Project Area were precisely established based on the maximum area within which identified blighted conditions currently occur, in combination with other urbanization parameters set forth in state redevelopment law. No additional areas are currently identified in the project vicinity that appear to meet redevelopment law criteria for blight. The fundamental purpose of the redevelopment project is to authorize activities and financing to enable the Redevelopment Agency to eliminate blighted conditions. Redevelopment Agency establishment of an alternative site for the Project Area would fail to attain the basic objectives of the proposed project. Therefore, this is not a viable alternative. Project Incorporating Mitigation Measures: This alternative consists of the Project as proposed with the incorporation of all mitigation measures recommended in the EIR. As stated above, the mitigation measures recommended in the EIR shall be incorporated into the Project. This is therefore the Project to be considered by the City Council and the Agency. This alternative effectively achieve the goals of the Redevelopment Project and would mitigate all environmental effects to a less than significant levels, except for long-term regional emissions of air pollutants, which is a significant and unavoidable effect. Finding: After consideration of all the alternatives, the Agency and City Council find that the Project Incorporating Mitigation Measures is the "environmentally superior" alternative since the proposed Project Incorporating Mitigation Measures most effectively achieves the basic goal of eliminating and removing blight in the Project Area, and provides a funding source for the proposed public improvements which are necessary to alleviate existing blighting conditions in the Project Area. In addition, all potentially significant impacts identified in the Final EIR except for the long-term regional emissions have been eliminated or reduced to a less than significant level by incorporation of appropriate mitigation measures as part of the proposed Project. 16 Exhibit A V. STATEMENT OF OVERRIDING CONSIDERATIONS CEQA requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. As set forth in Part III hereof, the Agency and the City Council have determined that the only unavoidable environmental consequence of the Project is the following: Long -Term Regional Emissions Increases. The Agency and the City Council find that the above -referenced unavoidable environmental consequence of the Project is acceptable when balanced against its benefits. This finding is based on the following facts: The Project will serve a critical need, that being the elimination and prevention of the spread of blight and deterioration in the Project Area and the conservation, rehabilitation and redevelopment of the proposed Project Area in accordance with the Redevelopment Plan, the General Plan for the City of Lodi and local codes and ordinances. 2. The promotion of new and continuing private sector investment within the Project Area will prevent the loss of and facilitate the capture of commercial sales activity. 3. The Project will allow for the elimination of blight through abatement or code enforcement, rehabilitation and reconstruction, new development, and the assembly of parcels into more developable sites for more desirable uses. 4. The Project will result in the elimination or amelioration of certain environmental deficiencies, including substandard vehicular circulation systems, inadequate storm drainage systems, inadequate off-street parking, and other similar public improvement deficiencies adversely affecting the Project Area. 5. New construction within the Project Area will result in an environment reflecting a high level of concern for architectural, landscape, and urban design and land use principles appropriate for attainment of the objectives of the Redevelopment Plan. 6. Project implementation would result in the retention and expansion of businesses by means of redevelopment and rehabilitation activities and by encouraging and assisting in the cooperation and participation of owners, businesses, and public agencies in the revitalization of the Project Area. 7. Revitalized commercial and industrial development will result in the creation and development of local job opportunities and the preservation of the area's existing employment base. Project implementation will strengthen the economic base of the Project Area and the City by installing needed site improvements and stimulating commercial, industrial, and residential development. 17 Exhibit A 9. Project implementation will expand and improve the City's supply of affordable housing. is Exhibit A t EXHIB16 ..es.. ,MITIGATION MONITORING CHECKLIST-LODI REDEVELOPMENT PLAN • June 7, 2002 rhe environmental mitigation measures listed In column two below have been incorporated into the conditions of approval for the Lodi Redevelopment Plan in order to mitigate EIR-identified environmental impacts. k completed and signed chart will Indicate that each mitigation requirement has been compiled with, and that City and State monitoring requirements have been fulfilled with respect to Public Resources Code Section 21081.6. 1- Impl. Entity ■ Implementation Entity p211A f WP5116161FEIRIMMCHT.616 MONITORING V RIF C TI N IDENTIFIED IMPACT RELATED MITIGATION MEASURE Impl. Type of Monitoring Timing Monitoring and CONDITION OF APPROVAL Entl ' Acton Re uirements Verification nt Si rtat re Date LAND USE AND VISUAL FACTORS Impact 4.1: Adverse Land Use Compatibility Mitigation 4.1: During City review and prior to City, Verify during plan Prior to any Lodi Impacts. In addition to beneficial land use approval of Individual development projects within indt- check bldg. or Redevelop - compatibility effects, some project -facilitated the redevelopment area, emphasize the need to viduai grading ment Agency land use changes within the Project Area could avoid significant new land use conflicts between appli- permit or City result In adverse land use compatibility Impacts. non-residential and residential development, cants Given the proximity of some existing, planned between sensitive new commercial uses and and anticipated residential uses in this area to existing nuisance -prone commercial and industrial existing and planned commercial and industrial uses, and between new nuisance prone areas, project -assisted Intensification could commercial and industrial uses and sensitive Introduce significant new land use conflicts existing commercial uses. During these review among specific residential, commercial, and procedures and the formulation of conditions of industrial developments (e.g., traffic, visual, light, approval, require assurances to City satisfaction noise, parking, odor and other conflicts). Such of: (1) adequate land use separation, scale project -induced effects represent potentially transition, and noise buffering; (2) creative stung significant adverse land use compatibility. of buildings to avoid conflicts; (3) adequate protections against light, glare, and shadow impacts; (4) adequate odor control; (5) adequate offstreet parking provisions: (6) adequate and safe truck access and offstreet loading provisions; and (7) other common measures warranted to avoid such land use conflicts. Implementation of these measures would be expected to reduce potential land use compatibility impacts to a less-than- slgMflcant level. Impact 4.2: Visual Impacts on Specific Mitigation 4.2: Through the City's currently- City, Verify during plan Prior to any Lodi Streetscapes Within the Project Area. adopted development permit and design review indi- check and design bldg. or Redevelop - Portions of the Industrial rall corridor and east process, future development in the Industrial Rail, vidual review grading ment Agency industrial subareas have been Identified by City Corridor, and East Industdal Area, Cherokee lane appli- permit or City staff (see subsection 4.3.2) as anticipated Corridor and Lodi Avenue West subareas shall be cants Industrial development opportunity areas, and subject to particularly focused and detailed design are largely visible from adjoining major through- review. Implement specific visual impact routes (e.g., Cherokee Lane, Lookeford Street, mitigation guidelines set forth in the General Plan, Stock(on Street, Pine Street and Lodi Avenue) Zoning Ordinance, Downtown Development and from adjoining residential neighborhoods Standards and Guidelines and Central City and the downtown. Similarly, anticipated Revitalization Program that, to the satisfaction of commercial development Intensification along City staff and the City's Architectural Approval Lodi Avenue West and the Cherokee Lane Carnrnittee and Planning Commission, are Corridor (see section 4.3.2) would be highly sufficient to adequately protect and enhance the visible from those primary travel routes. The visual quality of these areas. in addition, visual quality of future development in these applications for future new developments and 1- Impl. Entity ■ Implementation Entity p211A f WP5116161FEIRIMMCHT.616 0 0 0 IDENTIFIED IMPACT specific opportunity areas would directly affect the quality of these important city streetscapes. Without adequate design control, the project could facilitate new industrial or mixed- use/commercial development that could adversely affect the visual quality of these highly visible industrial and mixed-use streetscapes, as well as the visual character surrounding neighborhoods, and of the central area as a whole. Such possible effects constitute a potentially significant adverse visual Impact. Impact 4.3: Potential Impacts on the Visual Character and Image of the Eastside Residential Neighborhood. Although the Eastside neighborhood has been downzoned to preclude Infiltration of additional multi -family development within predominantly single-family areas, some multi -family development would be expected to occur along the edge of downtown. Such project -facilitated multi -family development has the potential to add to Eastside neighborhood visual deficiencies created by existing, poorly designed, multi -family residential units. Project -facilitated new multi -family units would have the potential to clash visually with the neighborhood's older, predominantly single- family residential character. Such an effect would represent a potentially significant adverse visual Impact POPULATION AND HOUSING Impact 5:1: Potential Jobs/Housing Balance Impacts. Project -facilitated development may contribute to the existing jobsthousing imbalance In Lodi (weighted towards jobs In comparison to the County as a whole). The projected addltton of a substantially greater number of jobs than housing units in the Project Area would I - tmpL Entity s Implenwmatlon Entity Page 2 RELATED MITIGATION MEASURE Impl. (CONDITION OF APPROVAL) Entity' Mitigation 4.3: In the review and processing of City, residential development projects within the indi- eastside residential neighborhood, place special vldual emphasis on implementation of locational appii- strategies contained In the Central City cants Revitalization Program to protect and Improve the visual character and integrity of the neighborhood. Encourage locations at the edge of the neighborhood and require appropriate visual buffering and scale transition between new multi- family structures and existing single-family development, to the satisfaction of City staff and the City's Architectural Approval Committee and Planning Commission. This measure would reduce the impact to a less -then -significant level. Mitigatlon 5.1: Implement Mitigations 6-1 and City 10.2 pertaining to project -related commute period vehicular traffic increases and associated project and cumulative transportation system and air quality impacts. Implementation of these measures would reduce the one identified significant environmental effect associated with rype of Monitoring Timing Monitoring and Action Requirements Veriflcatlon Entity I Signature Date Verity during plan Prior to any Lodi check and design bldg. or Redevelop - review grading ment Agency permit or City Monitor traffic volumes at Pine Street/Central Ave. Intersection; install signal when warranted Annually Lodi Redevelop- ment Agency or City WP5116161 FE1 R I MMCHT.616 1- impl. En*y s hnplementsam Entuy Page 3 WP5116161FE/RIMMCNT.616 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Impl. Type of Monitoring Timing Monitoring and (CONDITION OF APPROVAL) Entity' Action Requirements Verification Entity Signature Date exacerbate this imbalance. Such an effect project -related incommuting increases to a less - would constitute a potent/aMr significant than significant level. adverse Impact. TRANSPORTATION AND PARKING Impact 6.1. Impact on Intersection Mitigation 6-1. Caltrans has established 11 City stati Monitor traffic Annually Lodi Signalbzatlon Requirements. The added PM possible tests or "warrants" for determining volumes at Pine Redevelop - peak hour traffic due to the redevelopment- whether Installation of a traffic signal should be Street/Central Ave. ment Agency related additional traffic would Increase PM peak considered. These warrants each consider intersection; install or City hour volumes above Caltrans Signal Warrant different criteria such as peak hour traffic volume, signal when #11 criteria levels at the Pine Street/Central pedestrian volume, presence of school children, warranted Avenue all -way -slop intersection. Although and accident history. Usually, two or more projected PM peak hour operation at this "warrants" must be met before a signal is intersection with the project would not exceed warranted. The fact that this EIR analysis LOS D. this signal warrant effect would indicates that Warrant #11 (related to peak hour represent a potent/apo significant Impact traffic volumes) would be met indicates that a detailed signal warrant analysis covering all possible Caltrans warrants is appropriate. The City shall therefore monitor traffic volumes and conditions at the Pine Street/Central Avenue Intersection, and when two or more Caltrans signal warrant criteria are met, shall place the intersection on the City's priority list for signalization. This measure would reduce this Impact to a /ess-thanslgnifIcant level. INFRASTRUCTURE AND PUBLIC FACILITIES impact 7.1-1: Anticipated Witter Supply Mitigation 7.1-1. Implement the following two City Develop new Condition of Lodi Impacts. Additional development facilitated by City of Lodi General Plan Land Use and Growth andlor facilities as approval for Redevelop - or otherwise associated with implementation of Management Element policies: redevel. necessary; assess major new ment Agency the proposed redevelopment plan and agency established fees on development or City associated increases in commercial activity, The City shall develop new lacilifles, as staff new development projects employment, and residential population (see necessary, to serve new development in housing, population and employment increase accordance with the City's Water, estimates in section 5.3 of this EIR) would result Wastewater, and Drainage Master Plans. in corresponding increases in the demand for (Policy 1) water service. The City, as water purveyor, is prepared to provide the additional domestic The City shall assess water, wastewater, and water necessary for anticipated additional dmlr? a development fees on all new development In this area, including anticipated residential, commercial, offreae and Industrial project -facilitated commercial growth and development sulifcient to hind required population increases, within the City's existing systemwide Improvements. (Policy 2) water entitlements and distribution systems. 1- impl. En*y s hnplementsam Entuy Page 3 WP5116161FE/RIMMCNT.616 • 1 - Inrpi. Entry . bMtementadon Entity Page 4 WP5116161 FEIMMMCHT.616 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Impl. Type of Monitoring Timing Monitoring and (CONDITION OF APPROVAL) Entity' Action Requirements Verification Entity Signature Date However, while aquiters yield water madly to City and Redevelopment Agency implementation the City's wells, water table fluctuations due to of these two policies as project -facilitated basin overdraft give rise to some uncertainty development takes place over the next 20 years regarding available water supply for the City's would ensure that project -related impacts on the future needs. Anticipated project -facilitated adequacy of City water sources would be reduced growth within the redevelopment area would to a less-thansignilieant level. therefore be considered to have a potentially sWi scant impact on water service. Impact 7.1-2: Water Distribution System Mitigation 7.1-2: As project-fadlitated City Implement water Condition of Lodi Inadequacies. The existing water distribution development takes place over the next 20 years, and/or distribution system approval for Redevelop - system may not be adequate to serve Implement remaining needed central area water Redevel Improvements as major new ment Agency anticipated new redevelopment -facilitated distribution system improvements identified in Agency needed development or City development and intensification in the Project Chapter 8 of the City's Water Master Plan. Water staff projects Area. This potential deficiency represents a conservation should also be promoted as the potentially significant impact Project Area redevelops. implementation of these measures would reduce project -related water distribution impacts to a less -than -significant level. Impact 7.2-1: Sewage Collection System Mitigation 7.2-1: Continue to implement the City Implement sewage Condition of Lodi Inadequacies. The existing wastewater central area sewage collection system and/or collection system approval for Redevelop - collection system serving the Project Area may improvements identified as needed In the Ci of Redevel improvements as major new ment Agency not be adequate to serve anticipated new Lodi General Plan, and the City's Sanitary Sewer Agency needed development or City development and Intensification In the Project System Technical Report, Including the planned staff projects Area. This potential deficiency represents a Improvements to eastside neighborhood collection potentially signMeant Impact system. Implementation of these measures over the next 20 years would reduce project wastewater collection system impacts to a less- thanslgn/ficant level. Impact 7.3-1: Police Service Demand Mitigstlon 7.3-1: The Police Department shall Lodi Annual response Annual Lodi Impacts in Project Area. Man-facilftated monitor the rate of additional police calls per year Police time monitoring monitoring; Redevelop - development and intensification within the Project Area would Increase demands for police associated with the Project Area and the adequacy of associated response times. As Dept. and City reports; normal review of individual condition of approval for merit Agency or City service. The City of Lodi Police Department warranted by the monitoring data, the City shall staff discretionary project major new may require additional staffing or equipment to provide additional officers and facilities (funded applications projects serve these added demands. The proposed through the City's general fund). Following redevelopment plan would therefore have a established City procedures, the Police potentially significant Impact on police Department shall also review discretionary services. approvals for project-facilliated commercial and residential development within the Project Area. Irnplementatfon of these measures would reduce the impact to a less -than slgnllMant letal 1 - Inrpi. Entry . bMtementadon Entity Page 4 WP5116161 FEIMMMCHT.616 1 - Impt Entity a Implementsll n Efstlly Page 5 WP5116161FEIMMMCHT.616 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Impl. Type of Monitoring Timing Monitoring and (CONDITION OF APPROVAL) Emily' Action Requirements Verification Entity Signature Date impact 7.41: Fire Protection and Emergency Mitigation 7.4-1: The Fire Department shall Lodi Fire Annual fire call Annually Lodi Medical Service Demand Impacts In the monitor the rate of additional fire protection Dept. monitoring reports; Redevelop - Project Area. Project -facilitated development service calls par year associated with the Project normal review of ment Agency and intensification within the Project Area would Area and the adequacy of associated response individual or City Increase demands for ere protection and times. If warranted by the monitoring data, the discretionary project emergency medical services. Depending on the City shall provide additional firefighters and applications We of use, density, and occupancy of Individual equipment (funded through the City's general project -facilitated developments, the City of Lodi fund). Following established City procedures, the Fre Department may require additional staffing Fire Department shall also review discretionary or equipment to meet Its fire protection goals. approvals for project -facilitated commercial and The proposed redevelopment plan may therefore residential development within the Project Area. have a potentially signif cant Impact on fire These measures would reduce the impact to a protection and emergency medical services. less-than-signlffcenf level. Impact 7.5.1: School Service Demand Mitigation 7.5-1: The Lodi Redevelopment City Ensure all pass- Prior to final Lodi Impacts. Existing Lodi Unified School District Agency shall make the statutory pass-through and/or throughs and school project Redevelop- (LUSD) schools serving the Project Area may payment of tax increment revenue to the LUSD Redevel fee payments have approval for ment Agency not have sufficient capacity to accommodate the and the San Joaquin County Office of Education Agency been made new projects or City additional school population generated by pursuant to Health and Safety Code section staff project -facilitated residential development. The 33607.5. In addition, the City of Lodi shall require project -related Increase in demand for school developers in the redevelopment area to pay service would therefore represent a potentlalty state -authorized school Impact fees to the extent slgnUlcant Impact, approved by the LUSD. Individual project applicants may also choose to enter into agreements with the LUSD to provide additional impact fees negotiated with the LUSD. These measures would be expected to enable the LUSD to fund school improvements necessary to accommodate students from project -facilitated development, reducing this impact to a less -than - significant level. Impact 7.t,-1: Project Park Demand Impacts. Mitigation 7.6-1: Mitigation for Park Demand City Verify parkland Prior to Lodi Park and recreation facilities in the Project Area Impacts. The City shall ensure that at least 1.83 and/or dedication or fee grading or Redevelop - are already operating at capacity. Project- acres of parkland Is developed within or Redevel payment during plan building ment Agency facilitated development and intensification in the convenient to the Project Area. As project- Agency check permit or City Project Area would incrementally increase the facilitated buildout takes place in the Project Area, staff demand for park and recreation services. As adequate corresponding park and recreation discussed in chapter 5 (Population, Housing, provisions shall be provided through required and Employment) of this EIR, it is estimated that dedication of [arid andfor in -lieu payment of City project facilitated development would generate adopted park and recreation fees. Implementation approximately 210 additional households in the of this measure would reduce this Impact to less - Project Area. Based on the anticipated citywide tharr sdgnlflcant levels. year 2020 household size of 2.56 persons (see Table 5.2 In section 5.3), the 210 new households would generate a population increase of approximately 538 people. Based on the most recent City park acreage standard 1 - Impt Entity a Implementsll n Efstlly Page 5 WP5116161FEIMMMCHT.616 IDENTIFIED IMPACT RELATED MITIGATION MEASURE MONITORING VERIFICATION Impl. Type of Monitoring Timing Monitoring and (CONDITION OF APPROVAL) Entity' Action Requirements Verification Entity Signature Date (3.4 acres per 1,000 persons), this new populatfon increment would generate a demand for approximately 1.83 acres of additional parkland. Additional project -facilitated employment growth, estimated at 2,014 jobs by the year 2020, may also generate some additional demand for park and recreation services In the Project Area. Existing Project Area facilities do not have sufficient capacity to accommodate this additional demand. This project effect would therefore represent a significant ImpecL DRAINAGE AND WATER QUALITY Impact 8.1: Project -Related Erosion, Mitigation 8-1: The City shall require the City Verify during pian Prior to Lodi Sedimentation and Urban Runoff Pollutants. applicant for each future project -facilitated and/or check and during grading Redevelop - Redevelopment program -facilitated (wilding development requiring a discretionary approval to Redevei construction-perfod permit, and ment Agency construction and infrastructure improvements In comply with all applicable state, regional and City Agency Inspections during or City the Project Area could further degrade water quality provisions and, for projects involving staff grading downstream water quality. Associated factors the grading of more than live (S) acres: (a) file that may contribute to downstream water quality with the RWQCB a Nolicw of Intent to comply with problems Include soil disturbance during the Statewide General Permit for Construction construction, new impervious surfaces created Activities, (b) prepare and implement a project - with project -facilitated developments; and specific Slonnwater Pollution Prevention Plan Increased vehicle traffic, and herbicides, (including an erosion control plan) if grading is pesticides, and fertilizers from new landscaping involved, (c) implement a monitoring, Inspection, associated with project -facilitated development. and documentation program to assure the This combination of factors represents a effectiveness of control measures, (d) obtain or potentially s/gn/flcant Impact comply with existing General Stornwater Discharge Permit(s) for Industrial Activities, where applicable, and (e) comply with the NPDES Phase II Non -Point Discharge program. Implementation of these requirements would reduce this impact to a less -Man slgnNkant level. NOISE Impact 9.1: Project -Related Exposure of. Mitigation 9.1: Noise Impacts can be reduced City Condition of During Lodi Sensitive Land Uses to Excessive through appropriate site planning (e.g., setbacks, and/or individual project individual Redevelop - Environmental Noise. Project -facilitated noise -protected areas), construction of noise Redevel approval; verify project ment Agency intensification of and changes in land uses In banters, and/or Incorporation of noise insulation Agency during plan check environ. or CRY the Project Area could expose additional people features into a project's design as specified in the staff; that any required review to noise levels exceeding acceptable levels--i.e., City of Lodi General Pian. As part of the future hada- noise studies have to noise levels identified in the Lodi General environmental review process for Individual vidual been completed Pian as "conditionally acceptable; 'normally projects, new developments facilitated by the appii- unacceptable" or "unacceptable" for the redevelopment plan shall be evaluated. Evaluate cants associated land use. Such new exposure each redevelopment -facilitated discretionary NNW 1 -Impl. Entity.Implamentatran Enthy Paas 6 WP5116161FE/RIMMCHT.616 t - IrW. Entity .11mbnrentatlon Entity Pegs 7 IMP5116161FEIRIMMCHT.616 MONITORING VERIFICATION Imps. Type of Monitoring Timing Monitoring and IDENTIFIED IMPACT RELATED MITIGATION MEASURE (CONDITION OF APPROVAL) F-ntW Action Requirements Verification Entity Signature Date possibilities constitute a potentially slgnfflcant development application in the Project Area with Impact respect to the noise environment, particularly when proposed near major transportation noise sources such as SR 99, Cherokee Lane, Stockton Street. Lodi Avenue, Tokay Street, other arterial roadways, and/or the UPRR. Also, require noise assessments for all redevelopment -facilitated discretionary applications where noise -sensitive receptors are proposed in areas adjoining commercial or Industrial noise sources, such as subareas 1, 3 and 4, and for noise -generating development facilitated by the redevelopment plan when proposed adjacent to noise -sensitive land uses. The results of the noise assessments and the measures identified to reduce noise levels shall be incorporated in the project plans sufficient to meet stipulated exterior and interior noise level standards. All such evaluations shall be completed to City satisfaction by a qualified acoustical consultant With implementation of measures Identified throughout such evaluations to meet these standards, this potentially significant Impart would be reduced to a less-than- signincont level. Impact 9-2: Redevelopment -Facilitated Mitigation 9-2: To reduce the potential for noise City Condition of Condition of Lodi Construction Notre. Construction activities impacts resulting from project -facilitated and/or Individual project constr. Redevelop - can generate considerable noise levels. construction activities, implement a combination of Redevel approval; verified (grading or ment Agency Construction activities facilitated by the the following measures at all construction sites Agency during construction building) or City redevelopment program could include site when noise-sensifive receptors are located in the staff; permit; verify. grading and preparation, building demolition, project vicinity. The combination of measures bndi- during construction of foundations and buildings, shall be evaluated on an Individual, project -by- vidual construction Installation of utilities, paving of roadways, and project basis and shall be sufficient to achieve project construction of parking lots. The noise effects of compliance with applicable City General Plan appli- these future construction activities would depend and/or Noise Ordinance standards at affected cants upon the amount of activity, the type of receptors. equipment used, and the noise control measures used. Residential and other noise -sensitive Noise -generating constructlon activity shall uses located adjacent to project -facilitated be restricted to the hours of 7:00 AM to 7:00 construction activities could therefore be PM. Monday through Friday, and 8:00 AM to exposed to noise levels that would interfere with 5:00 PM on Saturdays. No construction normal activities. This possibility constitutes a adWes should occur on Sundays or potentially signiftant impact holidays. All Internal combustion engine driven equipment shall be equipped with Intake and exhaust mufflers that are in good condition and appropriate for itis equipment. t - IrW. Entity .11mbnrentatlon Entity Pegs 7 IMP5116161FEIRIMMCHT.616 0 9 0 IDENTIFIED IMPACT RELATED MITIGATION MEASURE 4ONITORiNG /ERIFICATION MO. Type of Monitoring Tming lonhoring and (CONDITION OF APPROVAL) entity' lotion teautrements 'ertficatlon EntBy Signature Date • Stationary noise -generating equipment shall be located as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction Project Area. ■ All construction traffic to and from the project site shall be routed via designated truck routes where possible. Construction -related heavy truck traffic in residential areas shalt be prohibited where feasible. ■ "Ouiet" air compressors and other stationary noise sources shall be used where technology exists. A "noise disturbance coordinator" shall be designated who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and would require that reasonable measures warranted to correct the problem be Implemented. A telephone number for the disturbance coordinator shall be conspicuously posted at the construction site and included In the notice sent to neighbors regarding the construction schedule. (The City should be responsible for designating a noise disturbance coordinator and the Individual project sponsor should be responsible for posting the phone number and providing construction schedule notices). Implementation of this measure would reduce the potential for project-reiated impacts due to constriction noise to a leas-then-slgnillrant levet. I - Irnpl. Entity . Imptementedon array Page 8 WP5I16161FEIRIMMCHT.616 1 -hML Entity .IrnphnnenWlon Entity Fuge 9 INP5116161FE/RIMMCHT.616 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Impl. Type of Monitoring Timing Monitoring and (CONDITION OF APPROVAL) Entity' Action Requirements Verification Entity Signature Date AiR QUALITY Impact 10-1: Construction Activity Air Mitigation 10-1: The City shall require that City Condition of Condition of Lodi Duality Impacts. Construction activities Individual redevelopment -facilitated projects within and/or individual project grading Redevelop - facilitated by the proposed redevelopment pian the Project Area Involving new construction shall Redevel approvals; verified permit; verify ment Agency could generate constriction period exhaust comply, where applicable, with current Agency during grading during or City emissions and fugitive dust that could affect SJVUAPCD Regulation VIII requirements, which staff; construction local air quality. In addition, buildings currently include the following: indi- constructed prior to 1979 could have Asbestos vidual Containing Materials (AGMs), which could be . Appropriate dust suppression for land project released into the air during building demolition. clearing, grubbing, scraping, excavation, land appli- Such constriction -period air emissions leveling, grading, cut and fill and demolition cants possibilities represent a potentially slgnitieant activities, such as the effective application of ImpaaL water or pre-soaking; ■ Effective stabilization of all disturbed areas of a construction site, including storage piles, which are not being actively used for seven or more days; - Control of fugitive dust from on-site unpaved roads and off-site unpaved access roads; and • Removal of accumulations of mud or dirt at the end of the work day or once every 24 hours from public paved roads, shoulders and access ways adjacent to the site, for the duration of the activity. Regulation VIII also requires a Dust Control plan for construction activity that will Include 40 acres or more of disturbed surface area, or will include moving more than 2,500 cubic yards per day of bulk materials on at least three days. in addition, where appropriate, the City may also wish to require the following: • A limitation on traffic speeds on unpaved roads to 15 miles per hour (mph); ■ Installation of wheel washers for all exiting trucks, or wash off all trucks and equipment leaving the site; 1 -hML Entity .IrnphnnenWlon Entity Fuge 9 INP5116161FE/RIMMCHT.616 IDENTIFIED IMPACT RELATED MITIGATION MEASURE MONITORING VERIFICATION impl. Type of Monitoring Timing Monitoring and (CONDITION OF APPROVAL) Entity' Action Requirements Verification Entity Signature Date • Suspension of excavation and grading activities when winds exceed 20 mph; and/or • A limitation on the size of the area subject to excavation, grading or other construction activity at any one time to avoid excessive dust. Prior to each the start of construction, the applicant shall submit a dust control plan demonstrating compliance with all SJVUAPCD- and City -required control measures. To mitigate any potential demolition -related air quality impacts from ACMs, the demolition contractor would be required to comply with all local, state and federal regulations regarding determination of existence of ACMs, and proper removal and disposal to reduce air quality risks associated with airborne ACMs. With Implementation of these Regulation VIII controls and the above additional measures, project -related construction period air emissions Impacts would be reduced to a less-than- 81gnN1cant level. Impact 10-2: Long -Tenn Regional Emissions Mitigation 10-2: The following emissions control City Condition of Condition of Lodi Increases. Emissions resulting from new strategies shall be applied to redevelopment and/or individual project project Redevelop. vehicle trips generated by redevelopment- program -facilitated development activities within Redevel approvals, incl. approvals; ment Agency facilitated intensification In the Project Area the Project Area: Agency annual reporting verify through or City would, by the year 2020, be expected to exceed staff, requirements annual the applicable thresholds of significance for Where practical, future development indi- reporting Reactive Organic Gases (ROG) and Nitrogen proposals shall include physical vidual reqmnts Oxkfes (N0J, resulting In a slgniticant pr%ct Improvements, such as sidewalk project Impact When this increase in "mobile improvements, landscaping, lighting and the appli- emissions' is considered cumulatively with installation of bus shelters and bicycle cants possible new industrial "stationary sources' of parking, that would act as incentives for emissions that could locate within the pedestrian, bicycle and transit modes of redevelopment area, the total of project -related travel. Indirect and direct emissions would also exceed applicable significance thresholds. As a result, Employment -generating development the project would also be expected to contribute projects of 10,000 square feet (approximately to a signlRcant crmtulative Impact 25 employees) or more shall be required to provide secure and weather -protected bicycle and showerilocker facilities for employees. 1 - Impr. Entity - "kumtatirm Entity Page 10 WP5116161FEIRIMMCHT.616 1 - Impl. Entity ■ Implemenuuon Etnsy Page 11 WP511616IFEIRIMMCHT.616 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Impl. Type of Monitoring Timing Monitoring and (CONDITION OF APPROVAL) Entity' Action Requirements Verification Entity Signature Date - Employment -generating development projects shall provide carpooVvanpool Incentives, develop an employee rideshare incentives program, or use other feasible transportation demand measures to reduce vehicle trip generation. Implementation of these measures would assist in reducing Identified project and cumulative impacts on long-term regional emissions levels. The URBEMIS7G program estimates that the above measures would reduce regional Indirect emissions by five to seven percent. This reduction would not reduce this impact to a less - than -significant level even In the absence of potential industrial emissions. Since no other feasible measures are available, these Identified project and cumulative effects on regional air emissions would represent a significant unavoldable Impact. VEGETATION AND WILDLIFE Impact 11-1: Potential Loss of Special -Status Mitigation 11-1: If disturbance to suitable giant City Require completion During Lodl Species. Although chances of encountering garter snake habitat (i.e., drainage ditches) is and/or of giant garter snake individ. Redevelop - special -status species in the Project Area are proposed as part of a redevelopment -assisted Redevel survey If existing project ment Agency low, redevelopment -facilitated development Individual development or Improvement project, Agency drainage ditch will environ. or City consistent with the adopted City of Lodi General systematic surveys shall be conducted before staff; be affected by review; prior Plan may result in impacts on special status species. This possibility represents a such a development is approved in order to determine definitively whether any giant garter indi- vidual project; ensure implementation of to grading permit potentially significant Impact snakes occur. Such surveys shall be conducted project mitigation plan and issuance by a qualified wildlife biologist or a herpetologist appli- coordination with following applicable guidelines of the California cants juds. agencies Department of Fish and Game (CDFG) and/or (USACOE, USFWS U.S. fish and Wiidltfe Service (USFWS) to and/or CDFG) If provide a conclusive determination on presence or habitat affected absence of this animal specie. If any populations are encountered, an appropriate mitigation plan shall be developed In consultation with, and meeting the mitigation criteria of, the CDFG and USFWS, and in compliance with specifications of the SJMSCP, section 5.2.4.8. Implementation of this measure would ensure protection of possible populations of special -status animal species (i.e., giant garter snake) in the Project Area, mitigating potential Impacts to a less-Own-signl/Icant level. End 1 - Impl. Entity ■ Implemenuuon Etnsy Page 11 WP511616IFEIRIMMCHT.616 0 0 0 1 - Impl. Entay ■ implementation Entity Page 12 WP511616lFE1RiMMCHT.616 MONITORING VERIFICATION IDENTIFIED IMPACT RELATED MITIGATION MEASURE Impl. Type of Monitoring Timing Monitoring and (CONDITION OF APPROVAL) Entity' Action Requirements Verification Entity Signature Date Impact 11-2: Jurisdictional Wetland Impacts. Mitigation 11-2: All redevelopment -facilitated City During project Prior to Lodi Redevelopment facilitated development development that would involve modifications to and/or environ. review, if approval of Redevelop - consistent with the adopted City of Lodi General potential wetlands and other waters, such as Redevel wetlands appear to grading ment Agency Plan could affect potential jurisdictional wetland seasonal wetlands that could be present in vacant Agency be present, req, permit or City habitat. This possibility represents a potentially or underused parcels, shall be coordinated with staff; biologist to signiticant Impact representatives of the California Department of indl- determine If Fish and Game and the U.S. Army Corps of vidual wetlands are present Engineers, as required by federal and stale law, project and as Gond. of to ensure that any required mitigation protocols appli- devel. permit, req. and associated individual project design cants implementation of modifications are incorporated Into proposed any jugs, agency improvement plans during the Initial stages of mitigation regmnts. project review. Implementation of this measure would ensure that potential impacts on wetland resources are minimized and adequate replacement is provided, mitigating this potential Impact to a less -than -significant level. CULTURAL RESOURCES Impact 12-1: Project -Related Potentials for Mitigation 12-1: In the even( that subsurface City Grading inspection Cond. of Lodi Disturbance of Archaeological Resources. cultural resources are encountered during and/or and reporting grading Redevelop - Development encouraged and improvements funded by the proposed redevelopment program approved ground -disturbing activities for a redevelopment program -related construction Redevel Agency permit; Inspection ment Agency or City could disturb sensitive archaeological resources activity, work in the Immediate vicinity shall be staff, during in the Project Area. This possibility represents a stopped and a qualified archaeologist retained to indi- grading potentisAy significant Impact evaluate the find. The discovery or disturbance of vidual any cultural resources should also be reported to project the Central California Information Center (CCIC), appli- and if prehistoric, to the Native American Heritage cants Commission. Identified cultural resources should be recorded on a State Department of Parks and recreation (DPR) Forth 422 (archaeological sites). Mitigation measures prescribed by these groups and required by the City should be undertaken prior to resumption of construction activities. Implementation of this measure would reduce this potential impact to a less-than-sfgnif/cant level. 1 - Impl. Entay ■ implementation Entity Page 12 WP511616lFE1RiMMCHT.616 IDENTIFIED IMPACT RELATED MITIGATION MEASURE MONITORING VERIFICATION Impl. Type of Monitoring Timing Monitoring and (CONDITION OF APPROVAL) Entity I Action Requirements Verification Entity Signature Date impact 12.2: Destruction/Degradatlon of Mitigation 12-2: Evaluate all future project- City During environ. Prior to Lodi Historic Resources. Project -facilitated assisted public improvement projects and private and/or review for individ. approval of Redevelop - development In the Project Area has the development projects for the presence of, and Redevel projects, ensure that grading or ment Agency potential to destroy or substantially degrade potential Impacts on, historic resources. If Agency any affected building or City historic resources, if these resources are not disturbance of a Project Area historic resource staff; historical resources permit Identified or recognized and their maintenance, cannot be avoided, a mitigation program shall be indi- have been identified rehabilitation or appropriate reuse are not Implemented. The City and private sponsors of vidual and mitigation promoted. Such destruction or degradation future individual projects on sites that contain project program would be considered a potentially significant unlisted structures 45 years or older shall have a applt- Implemented as impact qualified professional architectural historian cants appropriate prepare a report to evaluate the suitability of the structure for historic status. If the structure Is determined to be eligible for historic status, the Lodi Planning Commission should determine whether the structure should be preserved In place, offered for relocation to another site, or documented wfth photographs and a report for submittal to a museum or library prior to demolition. Alternatively, a single surrey of the Project Area shall be completed and any buildings 45 years of age or older be evaluated and their potential architectural and/or historic significance be determined, prior to any project -facilitated development. Implementation of these measures would reduce this potential Impact to a less-Man- slgnlNt:ant level. 1 - ltnpt. Entity - Implementation Entity Pap 13 WP51 16 1 BWEIRIMMCHT. 616