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HomeMy WebLinkAboutPC RES 2415 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 25 26 27 28 RESOLUTION NO. 2415 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN FINDING THAT THE ENVIRONMENTAL IMPACT REPORT (EIR 87-1) PREPARED IN CONJUNCTION WITH THE NORTH/SOUTH ROAD PROJECT IS RECOGNIZED AS ADEQUATE AND COMPLETE MAKING FINDINGS WITH RESPECT TO MITIGATION OF SIGNIFICANT ENVIRONMENTAL EFFECTS AND RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT 87-1 WHEREAS, as part of the implementation of the City of Tustin's General Plan and the East Tustin Specific Plan, the North/South Road project {hereinafter "project") has been proposed; and WHEREAS, it is the policy of the State of California and the City of Tusttn, in accordance with the provisions of the California Environmental Quality Act of 1970 (hereinafter "CEQA"), as amended (Public Resources Code, Section 21000 et seq.), and the State Guidelines for Implementation of CEQA, as amended (California Administrative Code, Section 15000 et seq.) that the City shall not approve a project unless there is no feasible way to lessen or avoid significant effects; meaning all impacts have been avoided to the extent feasible or substantially lessened and any remaining unavoidable significant impacts are acceptable based on CEQA, Section 15093; and WHEREAS, an Environmental Impact Report (hereinafter "EIR") has been prepared and circulated, pursuant to the requirements of CEQA; and WHEREAS, the Planning Commission has read and considered all environmental documentation comprising the EIR. including, but not limited to, the East Tustin Specific Plan Final EIR, has found that the EIR considers all potentially significant environmental impacts of the proposed project, is complete and adequate, and fully complies with all requirements of CEQA, and the State guidelines for implementation; and WHEREAS, the California Environmental Quality Act {herinafter CEQA) and the State CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding; and WHEREAS, the Planning Commission has considered all significant impacts, mitigation measures, and project alternatives identified in the EIR, has found that all potentially significant impacts of the project have been avoided or lessened to a level of non-significance; and 8 9 10 11 12 13 14 15 16 17 18 i9 2O 21 22 23 I 27 28 Resolution No. 2415 Page two NOW, THEREFORE, be it resolved that the Planning Commission of the City of Tustin does hereby find that EIR 87-1 in .its entirety with all responses to comments is adequate and complete and recommends to the City Counci 1 the fol 1 owl ng: 1. Adoption of the CEQA findings and Statement of Facts attached hereto as Exhibit A and incorporated herein by this reference. 2. Certification of Final Environmental Impact Report 87-1. PASSED, ADOPTED AND Tustin, California, June, 1987. APPROVED by the Planning Commission of t~e~City of at a regularly adjourned meeting on the 29th day of June, 1987. ~h-arl-es E. Puckett Chairman P~nni Foley - Recording Secretary EXHITIT A RESOLUTION NO. 2415 PAGE 1 OF 10 CEQA FINDINGS AND STATEMENT OF FACTS BACKGROUND The California Environmental Quality Act {CEQA} and the State CEQA Guidelines {Guidelines} provide: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each find- ing. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or sub- stantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsi- bility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. {3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subsection (a) shall be supported by substantial evidence in the record." (CEQA Section 15091). The City of Tustin proposes to approve the North-South Road consistent with the East TUstin Specific Plan. Because the project has the potential to bring about impacts on the environment, the City caused an Environmental Impact Report {EIR) to be prepared. This EIR has found certain significant effects which may occur as a result of the project. The EIR also includes mitigation for each effect, which substantially lessens the effect on the environment. Further, after the EIR has been determined to be complete and to have been prepared in accordance with CEQA, the Planning Commission does, hereby, set forth the following findings: EXHITIT A RESOLUTION NO. 2415 PAGE 2 OF 10 FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF lTIE PROJECT - EFFECTS FOUND TO BE MITIGATABLE TO A LEVEL OF NON-SIGNIFICANCE EARTH RESOURCES Impacts. Development of the project as proposed will result in poten- tial adverse impacts resulting from destabilization of slopes, exposure of cut slopes, placement of fill, exposure of pipelines and large areas of grading. The project will require cut and fill activities, including approx- imately 720,000 cubic yards of export material. In addition, potential hazards have been identified due to potential land slides, and ground shaking in the event of a seismic event. Findinqs. Slope stabilization, slope and cut performance criteria, foundation criteria and road/construction engineering measures have been included as project mitigation to lessen the effects to a level of non-signi- ficance. The following mitigation measures shall be incorporated into the project as mitigation of the identified impacts: · Stabilization or buttressing of cut slopes will be applied primar- ily along easterly facing cut slopes, where adversely oriented bedding planes of the Vaqueros-Sespe Formation will likely be exposed. Westerly facing cut slopes and younger alluvial cut slopes will be buttressed as necessary. The best approximation of necessary buttressing will be determined prior to fieldwork and/or issuance of a grading permit. 2. Slope inclination will not exceed a 2:1 {horizontal to vertical} ratio, except in special cases where geotechnical data validates the ability to deviate from a 2:1 slope. 3. Removal of colluvium, alluvium, topsoil, landslide debris and artificial fill to suitable foundation earth materials will be required prior to placement of fill in areas where these deposits occur. 4. Recommendations made by the geotechnical consultants (Pacific Soils Engineering, Inc.) during the final design phase regarding pipeline constraints shall be adhered to. EXHITIT A RESOLUTION NO. 2415 PAGE 3 OF 10 5. The road will be designed in accordance with seismic design provi- sions as published by the California Department of Transportation to promote safety in the event of an earthquake. WATER RESOURCES Impacts. Implementation of the proposed project will result in short- term impacts to surface water quality during grading and construction. Long- term changes in the composition of run-off discharged in the area of the project will occur. Effects can be expected in the northern sector of the project in the Peters Canyon Wash watershed, the San Diego Creek and, ulti- mately, the Upper Newport Bay. Findings.. Alterations in construction methods, the addition of erosion control measures and project design changes have been required in the follow- ing mitigation measures to reduce the impacts to a level of non-significance: 6. Erosion control measures will be developed and incorporated into final grading plans by the project proponent to minimize potential increases in erosion and sediment transport during construction. An erosion/siltation control plan shall then be submitted by the project proponent for approval by Tustin, Orange and the County of Orange for their respective jurisdictions prior to initiation of construction activities. 7. Appropriate pollution control measures, such as a street sweeping program and periodic storm drain clearing, will be conducted by the appropriate agencies to reduce long-term water quality impacts. 8. Long-term erosion and sedimentation control will be provided as part of the project with the inclusion of down-drains and terrace drains in appropriate areas of cut and fill within the road design. BIOLOGICAL RESOURCES Impacts. Construction of the project will result in the removal of less than one acre of riparian woodland and riparian thicket. The road will disrupt four major plant communities one of which, the riparian zone, has significant value. The remaining habitats that are effected are common in Orange County and are considered insignificant. The total acreage of signi- ficant riparian area that will be disrupted by the project is less than one acre. EXHITIT A RESOLUTION NO. 2415 PAGE 4 OF 10 Findinqs. Due to the amount of acreage being disrupted, the project proponent is required to notify and consult with the California Department of Fish and Game prior to construction. Mitigation measures specific to the project's impacts on the riparian habitat may or may not be required. Should a 1601 permit be required, project effects would be mitigated through this process. The following required mitigation reduces the level of impact to a level of non-significance. , Prior to issuance of grading permits, the California Department of Fish and Game shall be notified and consulted on the possible necessity of a 1601 permit. CULTURAL RESOURCES Impacts. The project may disrupt a known archaeological resource and potential paleontological resources. The road also has the potential to have direct and secondary impacts on the Irvine Ranch Agricultural Headquarters, a potentially eligible historic district. FindincIs. Qualified archaeologists and paleontologists are required to monitor grading of the project and test for historic resources, averting possible negative impacts. Noise barriers and project design are considered to protect the integrity of the Agricultural Headquarters. The following mitigation is included to reduce these impacts to a level of non-signifi- cance. 10. A limited test-level investigation shall be conducted by a quali- fied archaeologist to determine precisely the surface and subsur- face boundaries of CA-Ora-556 along the proposed route. Such testing would include a series of 1 x I meter excavation units placed in the area where grading for the roadway is anticipated. This investigation would provide the necessary information in order to determine the significance of the site. 11. Noise barrier measures such as the wall used to separate Irvine Boulevard from the eligible property shall be utilized to ensure compliance with State standards to minimize noise impacts on oc- cupied residences within the eligible area and on any historic district which might be established in the future. 12. The materials, colors, design and landscaping of any fence or wall separating the North/South Road from the Irvine Agricultural Head- quarters complex shall be selected and approved by the City of EXHITIT A RESOLUTION NO. 2415 PAGE 5 OF 10 Tustin with careful consideration to preserving the rural character of the property eligible for future designation as an historic district. 13. A qualified paleontologist shall be retained to attend any pregrade meetings and monitor initial grading operations involving sensitive bedrock formations. If fossils are discovered, the paleontologist shall be allowed to divert or redirect grading in the vicinity of the remains in order to evaluate and salvage exposed fossils. LAND USE Impacts. Implementation of the project would result in the introduc- tion of an arterial road through existing on-site agriculture and open space land uses. This roadway is included in the County's Master Plan of Arterial Highways and is shown on adopted plans for the Cities of Orange and Tustin. Within the City of Tustin, the impacts of the roadway and associated land uses are discussed in the East Tustin Specific Plan Final EIR. This FEIR and the discussions relating to land use have been incorporated into the North- South Road EIR by reference. The proposed land use is considered compatible with future land uses. The transition of agricultural uses to urban uses has also been studied in the previous EIR for the East Tustin Specific Plan. Mitigation is re- quired in that FEIR which allow for continued operation of agricultural acti- vities which serve to reduce impacts to incremental impacts and postpone impacts with the loss of agriculture in the general area. In addition, the City of Orange has similarly adopted the Upper Peters Canyon Specific Plan which deals with some of these same land use issues. Findings. Based on the preceding analysis of existing and proposed land use and circulation plans, the project is not expected to result in any land use impacts not considered by previous EIRs. RELEVANT PLANNING PROGRAJ~S Impacts. The project is included in all relevant planning programs within the City of Tustin and the City of Orange. The project is also in- cluded in the County of Orange Master Plan of arterial highways. Possible effects on the northerly connection of the road are noted. In addition, two areas of controversy are noted and are summarized as follows: EXHITIT A RESOLUTION NO. 2415 PAGE 6 OF 10 · The future northerly extension (to SR-91) of the proposed North- South Road could impact several planned regional parks. Although the future extension is not within the scope of this document, concerns have been raised as to whether this project presets the future extension. However, as described in this EIR, at the time a northerly extension is proposed, an easterly alternative could be considered which could connect to the North-South Road as shown for the Easterly Alternative (Figure 7, page 47) and minimize or elimi- nate impacts on the parks in question. · The need for consideration of an ultimate six lane section between Tustin Ranch Road and Santiago Canyon Road has been suggested by the City of Orange. This concern is prompted by uncertainties related to the ongoing decisions regarding the size and location of the future Eastern Transportation Corridor (ETC). Dependent upon the outcome of the ETC studies, a six lane facility could be re- quired. However, future projects such as the ETC will have to address the impacts of their implementation on the North-South Road. The subject project does not preclude the ability to imple- ment a six lane road if and when that decision and the resulting amendment to the Master Plan of Arterial Highways is completed. Findinqs. The following mitigation will reduce or negate potential significant impacts on relevant programs. 14. Final engineering design of the project shall not preclude the potential to later construct, in addition to the preferred align- ment, the Easterly Alternative which could become the northerly extension to SR-91. 15. The appropriate approval agencies shall refer, at the time of a proposed northerly extension, to edge treatment, viewshed protec- tion and oak management mitigation measures as outlined on pages 61-63 of the Weir Canyon Park-Road Study (County of Orange, 1984). In addition, realignment of the northerly extension to a more easterly alternative shall also be considered as a potential miti- gation measure by that future project. In addition, the project is reserving right-of-way to accommodate six lanes north of Tustin Ranch Road, should future traffic analysis show they are needed. Therefore, there are no anticipated negative impacts on relevant planning programs should the City of Orange and/or the County of Orange decide that the six lane option is required. EXHITIT A RESOLUTION NO. 2415 PAGE 7 OF 10 TRAFFIC AND CIRCULATION Impacts. No adverse impacts have been identified relating to the proposed project. On Jamboree Road, south of the actual project being ad- dressed in this EIR, the five lane section will be adequate until 1991, but local intersection improvements will need to be implemented and will be addressed through and as development of the East Tustin Specific Plan area occurs. Findings. Because no adverse impacts have been identified, and the project is consistent with the County's Master Plan of Arterial Highways, and each city's General Plan, no mitigation is necessary. NOISE Impacts. Construction of the project will result in short-term con- struction related noise impacts. Future construction of residential, commer- cial and recreational uses along the road's corridor include setbacks and construction methods which mitigate long-term noise impacts. Findings. With the addition of the following mitigation measure and assuming compliance with federal, State and local interior noise standards for new residential construction, the identified potential impacts are miti- gated to a level of non-significance. 16. Compliance with the Orange County, Tustin and Orange Noise Ordi- nances will mitigate impacts associated with construction noise. To comply with the ordinance, most construction activities will be limited to daytime hours on Monday through Fridays when occurring near residential areas. AIR QUALITY Impacts. Nuisance-level dust emissions are expected to result from grading activity associated with construction. Additional impacts associated with vehicle trips using the road have been identified and compared to regio- nal projections. The South Coast Air Quality Management District (SCAQMD) and the California Air Resources Board (CARB) have jurisdictional respon- sibility to monitor and regulate air quality within the region. The project and anticipated vehicle trips have been factored into the SCAQMD program for achieving healthful levels of air quality. Their program is designed to accommodate a moderate amount of new development. This project is anticipa- ted in the SCAQMD program, and is partially mitigated through this program's 10 EXHITIT A RESOLUTION NO. 2415 PAGE 8 OF 10 standards for new and stationary and mobile source controls and energy con- servation measures. Findings. With inclusion of the following mitigation measure, region- al, local and construction related impacts are incremental in nature and insignificant or reduced to a level of non-significance: 17. Dust suppression measures, such as regular watering and early paving of the road, shall be implemented by the project proponent to reduce emissions during construction and grading. AESTHETICS/VISUAL RESOURCES Impacts. Because the area is mostly undeveloped private land, few visual points are available that would be negatively affected by the project. However, limited areas of existing residential areas will be adversely af- fected. Analysis of line of sight views from these areas indicate limited opportunity for impacts. Findings. Because of intervening hills, ridgelines and other topo- graphic features, there is a very limited aesthetic/visual impact associated with road construction. The following mitigation measure is required to reduce these impacts to a level of non-significance: 18. Hard edges left by cut-and-fill operations shall be softened where visual impact can be a concern, during the plan-check stage of the p~oject by Tustin, Orange and the County of Orange for their re- spective jurisdictions. 19. Due to the absence of natural topographical features, barrier berms, walls and/or a berm/wall combination shall be provided along the road at cross sections 4 and 5 to block or reduce visibility of the project from existing residential areas. The barrier shall be at a height sufficient to block views, as determined during the final roadway design phase. PUBLIC SERVICES AND UTILITIES Impacts. The majority of the project is in the City of Tustin. The remainder is in the City of Orange and small portions lie within the County's jurisdiction. All service demands generated by the project are integrally associated with the land uses proposed within the various specific develop- ment plans contemplated for each area. Provision of services are being coor- 11 EXHITIT A RESOLUTION NO. 2415 PAGE 9 and 10 dinated' and planned with each phase of development within these jurisdic- tions. No adverse impacts have been identified. Findinqs. Because services will be provided on an as-needed basis for each phase of development, no adverse impacts are identified. As a better- ment to the project, the following mitigation measures have been addec[ by the Lead Agency: 20. The City of Tustin Police Department recommends that, during the construction phase of the project, private security be provided for the protection of equipment and materials during non-working hours. This recommendation shall be implemented if deemed necessary by the contractor. 21. The following transit service features, supportive of public tran- sit, shall be considered for the project during the plan review: bus turnouts, consistent with the OCTD Design Guidelines for Bus Facilities; paved, lighted and handicapped accessible pedestrian walkways between development and bus stops; and bus shelters. · RESPONSE TO COMMENTS Impacts. Although no additional impacts have been identified during the comment period which have not been mitigated, responses to comments in- clude corrections and clarifications of the Draft EIR {DEIR}, expanded miti- gation measures, and additional mitigation required by the Lead Agency as "betterments", to the project. The Response to Comments are combined with the DEIR to become the Final EIR {FEIR) upon certification by the City Coun- cil. Findinqs. The Lead Agency has included in the Response to Comments/- FEIR additional mitigation measures which further reduce the effects of the project on the environment or serve to act as project "betterments". The following mitigation measures have been added to the DEIR: 6(a).If dewatering is necessary and discharge of wastewater is proposed, an NPDES Permit (wastewater discharge requirements) shall be ob- tained from the Regional Water Quality Control Board prior to any dewatering activity. 22. Mature trees, when not in the actual roadway alignment, shall be retained where feasible. Removal of any trees shall be authorized 12 EXHITIT A RESOLUTION NO. 2415 PAGE 10 of 10 by the appropriate jurisdictional authority only after specific review and approval of conditions of removal. In addition to the mitigation measure added above, the following miti- gation measures were revised for purposes of clarification or for additional project betterment as a response to comments: Mitigation Measure #12. -revised to include the option of .alternative noise mitigation measures which may have an effect on the potentially his- toric Agricultural Headquarters. Mitigation Measure #11. -revised to further define protection of paleo- ntological resources. Mitigation Measure #18. -revised to allow alternative native vegetation screening options to reduce visual/aesthetic impacts. With the addition of the above mitigation measure and the clarification of above identified mitigation measures, the potential environmental effects of the project are further reduced.I The resulting impacts of the project 'after mitigation therefore remain at a level of non-significance. 13 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. ~2~/5 was duly passed and a. dopted at ajcegular meeting of the ~j&stin Planning cOmmiSsion, held on the .~>3~ day of C.~ , '/.. p'