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HomeMy WebLinkAboutPH 3 EIR 83-1 10-05-83OATE: October 5, 1983 ~ONTINUED PUBLIC HEARING .~0. 3 10-5-83 nter- Corn FROM: SUBJECT: Honorable Mayor & City Council Members Community Development Department Continued Consideration of EIR 83-1, Newport Avenue Extension DISCUSSION This agenda item was continued from the September 19, 1983 meeting to allow Council the opportunity to submit techincal questions to staff for analysis and review at the October 5, 1983 meeting. The continuation would also permit a representative of the consulting traffic engineer to be in attendance as well 'as the City Engineer, Bob Ledendecker. Council also directed staff to research the original closure of Newport Avenue and previous methods for rail car switching in the vicinity of the Newport Avenue/Edinger Avenue intersection Staff and the consultant will be prepared at the Council meeting to verbally address this subject. Director of Community Development DOL:jh RESOLUTION NO. 83-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY DF TUSTIN, CALIFORNIA, CERTIFYING DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) 83-1 AND AMENDMENTS AS FINAL EIR 83-1 The City Council of the City of Tustin, California does hereby resolve as follows: I. The City Council finds and determines as follows: 7 8 9 10 11 12 13 14 15 16 A. That an Environmental Impact Report would be required due to potential effects identified in an initial questionnaire done for the proposed Newport Avenue extension. B. That a Draft Environmental Impact Report for the proposed project has been prepared by LSA, Inc. for the City of Tustin. C. That distribution of the Draft EIR was made to interested public and private agencies with a solicitation of comments and evaluation. D. That a public hearing was duly called, noticed and held on the Draft EIR. E. That incorporated within the Draft EIR are the comments of the public, commissions, staff and responsible agencies. 17 18 19 2O 21 22 23 2~ 25 26 27 28 F. That the Draft EIR and amendments were prepared in compliance with the California Environmental Quality Act, State guidelines and the policies of the City of Tustin. G. That the Draft EIR and amendments have been reviewed and considered, and that mitigating measures have been incorporated into the project that eliminate or substantially lessened the significant environmental effects thereof as identified in the Dhaft EIR and amendments; these environmental effects and mitigating measures are listed in the attached document, Exhibit "A". Mitigation measures are specified as conditions contained in this resolution. H. The Tustin Planning Commission has considered Draft EIR 83-1 at its meeting of September 12, 1983, and recommended by Minute Order that the City Council certify Draft EIR 83-1, plus amendments as a final 83-1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 Resolution No. 83-68 Page ~ II. The City Council of the City of Tusttn does hereby certify Draft EIR 83-1, plus amendments as a final EIR 83-1. PASSED AND ADOPTED at a regular meeting of the City Council, held on the . day of , 1983. Ronald B. Hoesterey, Mayor ATTEST: Mary E. Wynn City C1 erk DATE: October 5, 1983 ! nter - C om TO: FROM: SUBJECT: Honorable Mayor & City Council Members Community Development Department Continued Consideration of EIR 83-1, Newport Avenue Extension As requested, enclosed is a history of the Newport Avenue closure, and highway condtions at the time of closure. The report gives past, present and estimated traffic counts. The chronological events leading to the official closure of Newport Avenue are also documented. Staff was unable to document the number and locations of rail switchings at the time Newport Avenue was closed. The consultant traffic engineer will continue to research this item and may be able to verbally address this subject at the Council meeting. Associate Planner EMK:jh Attachments HISTORY Pre-Freeway Conditions Prior to construction of the Newport (Route 55) Freeway, Tustin Avenue and Newport Avenue both crossed the Santa Fe Railroad tracks. Tustin Avenue, at this point, was a federal aid primary highway under the jurisdiction of the State of California, identi- fied as State Route VII-Ora-43. Tustin Avenue intersected Newport Avenue between Edinger Avenue and the Santa Fe Railroad. At that point, Newport Avenue, southerly, was identified as Newport Boule- vard, continuing as a State Route to Newport Beach. Newport Avenue was a County arterial highway designated as a federal aid secondary highway northerly from its intersection with Tustin Avenue, continuing into and through the City of Tustin. That portion of Newport Avenue containing the at-grade crossing of the Santa Fe Railroad Was under the jurisdiction of the County of Orange. Exhibit 1 shows pre-freeway conditions. Newport Avenue and Red Hill Avenue were the only north-south through streets crossing and interchanging with the Santa Aha (Route 5) Freeway, in the City of Tustin. Newport Avenue, via E1 Camino Real, served the central business area of the City of Tustin. Construction of the Newport (Route 55) Freeway entailed the use of Tustin Avenue right-of-way northerly to 1st Street from Newport Boulevard. Newport Boulevard right-of-way southerly from Edinger Avenue was required for freeway construction. As a result of the freeway construction, access into the City of Tustin from Tustin Avenue and Newport Boulevard was eliminated. Interchange with the (Route 55) freeway was established at 4th Street (Irvine Boulevard), Edinger Avenue and, indirectly to, Newport Avenue/McFadden Street via Pasadena Avenue and Sycamore Street. Construction of a freeway overcrossing of the Santa Fe Railroad resulted in two crossings at-grade being closed. The Tustin Ave- nue crossing (P.U.C. No. 2-177.4) was eliminated due to the use of Tustin Avenue right-of-way, the Newport Avenue crossing (P.U.C. No. 2-177.5) was also closed. This action was taken as a result of application to the P.U.C. by the State of California, Department of Public Works. The application, numbered 44917 and dated October 29, 1962, resulted in an order, Decision No. 6489, dated February 6, 1963, by the P.U.C. that abolished the two crossings. The justification given for closure of the Newport Avenue crossing was indicated as impaired sight distance due to the adjacent freeway overcrossing structure. The freeway structure was completed in 1964 and the Newport Avenue crossing barricaded. The crossing protection, consisting of flashing lights, signs, and associated control devices, were removed. Prior to the construction of the freeway, it was necessary to obtain agreement from the County of Orange. In March of 1957, the Orange County Board of Supervisors requested that the Newport Avenue cross- ing remain open. Letter and resolution requesting this action were sent to the P.U.C. The P.U.C. replied that it was their opinion that the overcr~ssing to be provided by the freeway would preclude the need to maintain the Newport Avenue crossing. In April, 1957, a meeting was held with the P.U.C., California Division of High- ways, Santa Fe Railroad, and County of Orange, at the P.U.C. offices in Los Angeles. At that time, discussion was held relative to maintaining Newport Avenue as a grade crossing or construction of an overcrossing at Newport Avenue. The P.U.C. personnel present refused to consider crossing gates as adequate protection for the crossing. It was estimated that the cost of an overcrossing at this location would be approximately $500,000.00. If closure of the crossing was not approved by the Board 6f Supervisors, indication was that it would require a hear- ing by the P.U.C., and probably two years would elapse before a decision was reached. As a result of the meeting, it was determined that the two closings, Tustin Avenue and Newport Avenue, were one problem. A letter was to be sent to the Orange County Board of Supervisors requesting a decision on the closure. If the supervisors decided that Newport Avenue was to be maintained, a P.U.C. hearing would be convened. The State Division of Highways indicated they would oppose approval of an overcrossing at Newport Avenue, if it would be their respon- sibility to construct such crossing. A letter was sent by P.U.C. staff to the Board of Supervisors in May 1960, requesting approval of Newport Avenue closure at the Santa Fe Railroad. In June, 1960, the Board of Supervisors applied to the P.U.C. for $500,000.00 from the crossing protection fund, presumably to provide an overcrossing at Newport Avenue. Apparently no action or follow-up on this application was taken. In March, 1962, another request was sent to the Board of Supervisors, by the State, for resolution approving closure of Newport Avenue. In February, 1960, a freeway agreement was completed between the State of California and the County of Orange. This agreement con- tained.reference to the closure of certain roads and construction of others. Freeway construction proceeded and Newport Avenue was closed, at the Santa Fe crossing. A plan map attached to the freeway agreement does not indicate that Newport Avenue is to be closed at the railroad crossing. In February, 1962, a letter from the Orange County Road Department to the California Division of Highways indicated that the Newport Avenue grade crossing must be closed because of impaired sight distance. This was followed up in September, 1962, by a Board of Superwisors' resolution, Number 62-1071, authorizing the State to apply for closure of the Newport Avenue grade crossing. A letter was sent by the State to the City of Tustin in September, 1962, requesting resolution concurring with the closing of Newport Avenue at the Santa Fe Railroad. On September 15, 1962, by Reso- lution NO. 616, the City of Tustin authorized the State, on behalf of the County, to apply for closure of the Newport Avenue grade crossing. In June, 1968, by Resolution No. 68-847, the Board of Supervisors abandoned the portion of Newport Avenue between Edinger Avenue and the Santa Fe Railroad right-of-way. At the time that the Route 55 Freeway was constructed, and the crossings closed, average daily traffic volume on Newport Avenue, across the railroad, was estimated at approximately 3500 vehicles per day. Traffic volume on Red Hill Avenue, at that crossing of the railroad, was estimated at about 2500 vehicles per day. The average daily traffic near the railroad crossing on Tustin Avenue and Newport Boulevard, the State Highway, was approximately 21,000 vehicles per day. In 1962, the State Division of Highways estimated that the new freeway overcrossing of the railroad would have an average daily traffic volume of 45,000 vehicles in 1985. It was the contention of the State Division of Highways that the proposed freeway over- crossing could accommodate and provide circulation for the traffic diversion caused by closing Tustin Avenue and Newport Avenue grade crossings. Post Freeway Conditions In late 1964, the overcrossing of the Santa Fe Railroad, on the Newport Freeway, was opened to traffic; and the Newport Avenue crossing of the railroad closed. At about this same time, all of Orange County began to experience tremendous development. Traffic volumes increased on all major traffic facilities, far beyond the expectations contained in earlier estimates. The average daily traffic volume on the Newport Freeway, at the present time, is about 175,000 vehicles, almost four times the 45,000 vehicles estimated for 1985. Red Hill Avenue has increased from the approximately 2,500 vehicles daily to about 30,000 daily. Other traffic facilities in the area have also increased in vol- umes dramatically. In the late 1960's, the "Santa Ana Freeway Coordinating Committee" was formed to coordinate freeway improvements and prioritize mod- ifications along the Santa Ana Freeway corridor. One of the pro- jects discussed by the committee was the upgrading of the Newport- Santa Aha freeway to freeway interchange, attendent connections, and interchanges with local streets. One of the modifications concerned better access and connection to Newport Avenue, including overcrossing of the Santa Fe Railroad. Due to the cutback in State funds for freeway projects, the com- mittee has become inactive and the projects have not been pursued. However, a plan was developed for improvement of access to Newport Avenue and overcrossing of the Santa Fe Railroad. The plan is feasible, with or without connection to the freeway. See Exhibit III. V,,/ALMU 1' AVP,.. , , ~ SY'CAM01'2¢,,.. A~,'P-.-. III III III II I III ¢_..g~,,;,J ~ &r). 5.-r. VALE4qd. I A AVE.. E.X'H 11511' I ¥,/A L.M Ul" AVE.-. AVE... 5AI',J T'A I¢¢- 12A I L.12OA'l:::) IP ~ III Ill 111 I~ iff III #t ~.,1::)1M ~ ~,:12. 51. 5YC/~ k4OQ ~ Ill III III ltl ltl Ill Ill III Iit I1! C VALEKICIA AV~... E.x'N ii~l-r ~ CAL~I'2 A NI5 kl f..Wl:~f21' AVE.. DATE: FROM: SUBJECT: September 19, 1983 PUBLIC HEARING NO. 3 Inter-Com Honorable Mayor & City Council Members Community Development Department EIR 83-1, Newport Avenue Extension BACKgOUNO In order to improve overall traffic circulation in the south Tustin area, the City is proposing to extend Newport Avenue through to Edinger Avenue. This connection was closed in the 1960's when the Newport Freeway was constructed. At the time Newport Avenue was closed, traffic estimates predicted that this Newport connection would never be needed. Expansive development in the past twenty years has proved these estimates wrong, and brought about the need to reopen this connection. Due to the Atchison, Topeka and Santa Fe Railroad tracks, the City must se&k approval from the Public Utilities Commission (PUC) to restore the at-grade crossing. The PUC maintains regulatory power over public utilities and is a responsible agency in that it holds discretionary approval power over the proposed project. The City prepared an initial study for the project and submitted this and a Negative Declaration to the PUC. The PUC rejected the Negative Declaration and indicated that an Environmental Impact Report be prepared to adequately address concerns over significant vehicular and railroad traffic at the proposed crossing. The City Council directed staff to prepare a Focused EIR for the proposed project. DISCUSSION Environmental Impact Report (EIR) 8.3-[ is the resUlt of the concerns and comments of the Public Utilities Commission (PUC). This is a Focused EIR which examines only those environmental issues that are specially relevant to the project. The list of potential environmental impacts and mitigating measures are included in the draft EIR from pages V to IX. After the draft EIR was completed, it was distributed to either concerned groups, individuals or Responsible Agencies. Each of the Council members received a copy at this time. The State requires a forty-five (45) day review period for draft EIR's before they can be considered for certification. This period has passed and most of the connents received were cursory, with the exception of letters from the PUC and Santa Fe Railroad Company. Both of these letters concentrated on railroad switching operations, blocking the roadway, emergency access, and a grade separation either at Newport Avenue or Red Hill Avenue. Essentially, the PUC feels that the switching operations will block Newport and Red Hill for extended oeriods of time and a grade separation at Red Hill will alleviate this. The PUC only wants to consider the Newport extension after the grade separation is comoleted. EIR 83-1, Newport Avenue Extension September 19, 1983 Page 2 The City's consultant, Basmacyan-Darnell, [nc., Engineering and P]annfng, has prepared a response to these concerns and it is enclosed within. The fact that the Newport Avenue extension disrupts switching operations for the railroad does not represent an environmental impact, and can be resolved. As long as the rat]road maintains observance of General Order 135 regulations, no impact will be observed. [n regard *co comments concerning the grade separation at Red Hill Avenue, the draft E[R has covered these points tn the Alternative Section. But fn regard tx) constructing the grade separation at Red Hill prior to the Newport extension, extensive and unforseen construction constraints at Red Hill may cause its complete closure. Ntthout assurance of an alternative route, traffic and circulation would be chaotic. The construction of the Newport extension as Phase I will assure a reasonable traffic alternative if the Red Hill grade separation is constructed. With regard to the Red Hill Avenue grade separation, it is an alternative described in the EIR and shown as a benefit to the overall circulation in the area. It is, however, not necessary in order to construct the Ne~ort Avenue extension. The EIR identifies mitigating measures for the Newport at-grade crossing that are sufficient to allow both the Newport and Red Hill crossings to operate at an acceptable safety level. The grade separation at Red Hill is an item the City should study and consider but not necessarily commit to as a requirement for the Newport crossing. Each of the potential impacts identified in the draft EIR are either beneficial or can be mitigated to a level of insignificance. These impacts are either empirically shown in the body of the EIR as being insignificant, or will be mitigated as a result of the final design. Staff recommends to the City Council that Draft EIR 83-1, plus amendments, is an acceptable document and in conformance with the California Environmental Quality Act, State guidelines and the policies of the City Council. The certification of EIR 83-1 is not in conjunction with a specific project and does not guarantee that the Newport Avenue extension will occur. The PUC has the discretionary authority over the proposed crossing, and the City will have to submit an application and seek approval. This EIR will be submitted along with an application, and will be the data base used in granting or denying the project. R£C~NDATIOIJ Staff. recommends that the City Council accept the recommendation of the Planning Commission and certify Draft EIR 83-1, plus amendments, by the adoption of Resolution No. 83-68. Associate Planner EMK:jh SUPPLEMENT TO THE DRAFT ENVIRONMENTAL IMPACT REPORT 83-1 STATE CLEARINGHOUSE NO: 82070912 TABLE OF CONTENTS Sections Notice of Public Hearing Distribution List List of Persons Commenting September 12, 1983 Planning Commission Staff Report September 12, 1983 Planning Commission Minutes Comments to Draft EIR a. Metropolitan Water District b. County Sanitation District c. Santa Fe Industries, July 26, 1983 d. City of Irvine e. Public Utilities Commission (September 2, 1983) f. Atchison, Topeka and Santa Fe Railroad Company (September 2, 1983) g. State of California State Clearinghouse Business and Transportation Agency Response to Public Utilities Commission and Atchison, Topeka and Santa Fe Railroad Company (September 2, 1983) by Basmaciyan-Darnall, Inc. (September 12, 1983) NOTICE OF PUBLIC HEARING TUSTIN CIl~f CDUNCIL Notice is hereby given that the City Council of the City of Tustin, California, will hold a public hearing on September 6, 1983 at 7:00 p.m. in the Council Chambers, 300 Centennial Way, Tustin, California, to consider the following: ENVIRONMENTAL IMPACT REPORT B3-1 A draft focused environmental impact report (83-1) for the extension of ~ewportAvenue has been prepared for the City of Tustin in order to make application to the Public Utilities Commission. The City of Tustin proposes to extend Newport Avenue from cul-de-sac north Of Atchison, Topeka & Santa Fe Railroad railway line across the tracks to intersect with Edfnger Avenue, opposite the existing Route 55/ [dinger Avenue northbound off-ramp. The extended roadway will consist of two travel l'anes in each direction with a painted median. The project purpose is to alleviate congested traffic conditions on Red Hill Avenue south of the I-S Freeway. Copies of the draft [IR are available for public inspection at the Orange County Library-Tustin Branch at 345 Main Street and in the City Clerk's office at 300 Centennial Way, Tustin. Additional information relative to this project is on file in the Public Works/Engineering Department at City Hall. Anyone interested in the above hearing may appear and be heard at the time and place noted above. Mary [. Wynn City Clerk Publish Tustin News August 11, 18, 25, 1983 DISTRIBUTION LIST FOR EIR 83-1 Newport Avenue Extension 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16 17 18 19 20 21 22 23. 24. 25. Mayor Hoesterey Mayor Pro-Tem Kennedy Councilman Edgar Councilman Greinke Councilman Saltarelli Chairman Sharp Co~missioner Ainslee Commissioner Puckett Commissioner White Commissioner Well City Manager Huston City Engineer, Bob Ledendecker Community Development Director, Don La~ml City Clerk, Mary Wynn R. Kenneth Fleagle, Consultant Mel Moore, Mutual Propane Gas Tustin Branch, Orange County Library Chief of Police, Charles Thayer Joyce Bailey, Southern Cal. Edison Co. Col. Mitchell, MCAS(H) EMA, County of Orange City of Irvine City of Santa Ana AT&SF Railway System Irvine Co. 26. Public Utilities Commission 27. State of California (10 copies) 28. Cal Trans, Legal Div. 29. EMA Flood Control District 30. Orange County Fire Department 31. Case Swayne Co., Richard Kopel 32. Pantry Market, John Boukather 33. Tustin Co~uunity Hospital, 34. 82070913 ) , NewDort Avenue Extension City o~ TusCan 300 Centenn~a] ~a~ ~b. cs~: TusCan ~: Oranqe ~. cs~/c~: Tustin Q7 R~e]o~ A~ ~loym (~u~ivislafl, Pm~el ~0 Use Pe~tt ~ ,. Mtneral ~ction: Ht~al 11 ~n~l Ag ~e Og PMr G~on: Wedge ~ X o~ Road extension Type: ~o X o~,e- ~ad extension 9. TOTAL AC~EN: Bob Ledendecker 05 ¢oes~al 12 X Public Services 06 Ptre Hazard 13 Schools 07 X ~loadtng/Orainaqe 14 Septic Systems ~Z. FUttBIt~(approx.) Federal S S~te S ~9 X Trafftc/Ci~culation 26 Incc~m~attbJe Landuse 20 V~e~tton 27 C~lattva Eff~ 21 ~ter Quality ZB X Other Public safety To~l S i3. PRESENT ~ Industrial and multiple-family residential - existing and zoned i¢. PRO~ECT OESCRIPTION: Extension of Newport Avenue from cul-de-sac north of AT & SF railway line across the tracks to intersect with Edlnger Avenue opposite the existing Route 55/ Edinger Avenue northbound off-ramp. The extended roadway will consist of two travel lanes in each direction with a painted median. Project purpose is to alleviate congested traffic conditions on Red Hill Avenue south of the SI~RE ~IQT~: Cl~rinq~ouse will assign iUen:ificacion ~Oers for all n~ orojects. If a SC~ ~er already exists for a proje:: (~, fr~ a [(otice of P~paration or pr~ious draft document) please fill it In. 11. PRO~Eb"r ISSUES OZ$CU~rn IN O0~t~ENT O1 ~thett~Vts~l ~ G~logic/Set~c 15 ~ ~rtcuT~l La~ ~ Jobs/Hausi~ 8ala~e I6 03 X Air Quality 10 ~lnerals 17 ~ Arc~a~logtcal/Hls~ri~l ~I X Noise L8 Toxtc/Hizardous Z5 ~ Gr~ Induct~ LI~ OF PERSONS COtlNE#TIIIG 1. Metropolitan Water District 2. County Sanitation District 3. Atchison, Topeka and Santa Fe Railroad Company 4. City of Irvine 5. Public Utilities Commission 6. State of California State Clearinghouse Business and Transportation Agency Report to the Planning Commission SEPTE~ER 12, 1983 SUBdECT: Consideration of Draft Environmental Impact Report 83-! Newport Avenue Extension, At-Grade Crossing at Edtnger Avenue BAC~GROUIm In order to improve overall traffic circulation Tn the south Tustin area, the City Is proposing to extend Newport Avenue through to Edtnger Avenue. This connection was closed In the 1960's when the Newport Freeway was constructed. At the time Newport Avenue was closed, traffic estimates predicted that this Newport connection would never be needed.. Expansive development in the past ~en~y years have proved these estimates wrong, and brought about the need to reopen this connection. Due to the Atchison, Topeka and Santa Fe Railroad tracks, the City must seek approval from the Public Utilities Comisston (PUC) to restore the at-grade crossing. The PUC maintains regulatory power over public utilities and is a responsible agency in that it holds discretionary approval power over the proposed project. The City prepared an initial study for the project and submitted this and a Negative Declaration to the PUC. The PUC rejected the Negative Declaration and indicated that an Environmental Impact Report be prepared to adequately address concerns over significant vehicular and railroad traffic at the proposed crossing. DICU$SIO# Environmental Impact Report (EIR) 83-1 is a result of the concerns and comments of the PUC. This is a Focused EIR in that it addresses only those environmental issues which are particularly relevant to the project. The list of potential environmental impacts and mitigating measures are included in the draft EIR from pages V to IX. Each of the potential impacts identified in the draft EIR are either a beneficial impact or can be mitigated to a level of instgnificanceJ These impactsare eithe~ empirically shown in the body of the EIR as being insigntfcant, or will be mitigated as a ~esult of the final design. The certification of EIR 83-1 is not in conjunction with a specific project and does not guarantee that the Newport Avenue extension will occur. The PUC has the discretionary authority over the proposed crossing, and the City will have to submit an application and seek approval. This EIR will be submitted a)ong with an application, and will be the data base used in granting or denying the project. Community Development Depariment Draft Environmental Impact Report September 12, 1983 Page 2 Although this is not a formal public hearing, staff is recommending that the Commission make a recommendation t~ the Council concerning EIR 83-1. This can take the form of a Minute Order, with this staff memo and the minutes of the Commission meeting incorporated into the final EIR. RECOI~IE~DATXO# That the Planning Commission, by Minute Order, recommend certification of Draft EIR 83-1 to the City Council. Associate P1 anner Planning Coamtsston Mtnutes September 2Z, L983 Page 2 After a brief ~lscuss(on/question-and-answer per(od, it was ~ved by Well, seconded by White, to approve Use Permit 83-17 with concUttons as p~esented in the staff report dated September 2Z. 1983 with the exception of deleting condition #2 pertaining to perimeter 1 andscapt ng. The motion carried. $ ayes to 0 noes. 2. USE P£RNIT 85-1g - ~ESOLUTION NO. 2115 Applicant: Tustena Animal Hospital on behalf of Grand Avenue Pet ~osp( tel Location: 2292 Laguna Road Request: Authorization to install a pele sign of 48 square feet per face at 1192 Laguna Road Associate Planner Chaa~oerlain presented staff's report and recmmmndattons as contained in the report dated September 12, lg83. A brief slide presentation was viewed by CoNtssion ~ers. Chairman Sha~ opened ~ public hearing at 7:S2 p.m. Re following persons spoke in favor of the matter: David Crowley, Erwin Sign C~any, questioned if the conditions of approval as stated in the staff report were required by Code. The Associate Planner responded that they were. Chairman Sharp closed the public hearing at 7:54 p.mr Following a brief question-and-answer period, it was moved by Puck- ett, seconded by Ainslie, to adopt the following resolution: RESOLUTOI4 NO. 2125 - A R£SOLUTIOtl OF THI: PLANNING CO~ISSION OF THE CITY (~ TUSTIN, APPROVI~ USE PERMIT NO. 83-lg, FOR A POLE SIGN AT llg2 LAGU~ ROAD ~otton carried, 5 ayes to 0 noes. ~. Old Busl~ess ~one. ~. ~ ~ust~ess ~. Extension of Yartance SZ-g (Offtce Building) Robert ¥. and ~aralys ~. Nl~ls 27~ "~' Street Otrector of Community Development Lam presented staff's report and negattve reco~endatton as contained tn the report dated September 22, 2983. Following a brief question-and-answer period, the CoNtsston recognized Robert ¥. WtllS. applicant, ~no spoke in favor of the extension and respon~e~ to ¢omlsston questions. It was ~oved by White, seconded by Sharp, to extend Variance for a periodo7 one year, / Morton care(ed, 4 ayes to 2 noes, Puckett opposed. ~ 2. Consideration of Oraft Environmental Impact Report ~.m. ~/ewport Avenue Extension // Assoc(ate Planner Kntght presented staff' $ report and recoa~endations as contained in the the ~eport dated September 12. 2983. September [2, [983 Page 3 Chatrman Sharp questfoned the procedum that would he followed ff the Counctl certified the EIR. Associate Planner Knight explained that ~e City ~ould ~e-apply the Publtc Utilities Co,mlsston. who. he felt would most ltkely table ~e request unttl resolution of the bullet ~ratn issue. the Public Utilities ¢o,,,~ssten were Co approve the appltcatten, and ~e~port Avenue ~ePe ~ be ex~ended, tt weuld be necessary CO redesign the route for the bullet tratn. Chairman Sharp asked why the issue of the Newport Extension has resurfeced. Associate Planner Kntght stated that om £nvtronmental Impact Report had been ¢omp]el~d and sent out CO concerned agencies fur the required 4S-day revt~ and some ~ype of action was required. Chetrman Sharp asked if the Commission could recmmend agatnst certification of the the £ZR. The Associate Plenner responded that the~ could. Commissioner ~e~l stated that having Om exl~nston tn plece ~x~uld force the bullet traln to deal wtth the cresstng as opposed to havtng the Ctty bear the cost of trying CO deal wtth the bullet train. She also explained that during construction of the Red Hill underpass, an altornate reute would be necassar~ and extending ~a~port Avenue may provide that ~lteroatlve. Commissioner ~htte asked if the Intent of the recommendation was to certtfty adequacy of the £IR or of the project. Associate Planner Knight responded that ~o specific pro~ect was tnvolved and the recommndatton bealt only with the EIR. Commissioner ~htte ~$o questioned a statomont in the document clatmtng the ex~enston would alleviate traffic in the western part of me City, but that om traffic diagram did not co,mleco support this claim. Associate Planner Knight explained that traffic problems would be improved but traffic ~rom the Costa ~qesa ;reewoy would he added trico the system. It was moved by Puckett, seconded by Atnslte, ~o recommend certification of Draft E~R 83-1 to the City Council. Mutton carried 5 ayes to 0 noes. Ortve-Thro Restaurants in C-[ Zone Senior Planner ~arren presented staff"s roport da~ed September [983. After a brief discussion period, it was moved by ~etl, seconded by ~htte, CO determine as follows: "Drive-thru restaurant service wtndows are authortzedtn the District subject to use permit approval." Motion carried, 5 ayes to 0 noes. DEPART]4ENTAL PROJECT STATUS - MEEK OF AUGUST 29, [983 Director of Community Oevelopment La~ presented the Departmental Status Report dated September [2, 1983, and responded to Co~mlsston questions. ~?£: FRQH: SUS,/E:CT: AUGUST 1, 1983 Inter-Corn COMMUNITY DEVELOPMENT DEPARTMENT BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DRAFT FOCUSED ENVIRONMENTAL IMPACT REPORT - NEWPORT AVE. EXTENSION (FILE #2500) Attached is a response letter from the County Sanitation Districts of Orange County. The two sewer lines 21" and 36" within Red Hilt Ave. appear to have been addressed on page 40 of the draft EIR. The 12" sewer line has not been addresed; however, it does not appear that there will be any impacts to the sewer with the at grade alternatives. b LedenclecKer Director of Public Works/ City Engineer db Attachment The Metropolitan Water District of Southern California ~U~¢ 5 7983 Mr. Robert S. Ledendecker City of Tustin 300 Centennial Way Tustin, California 92680 Dear Mr. Ledendecker: RECEIVE2 Newport Avenue Extension Draft Environmental Impact Report This is in response to your Notice of Completion and Environmental Document Form dated July 21, 1.983, transmitting your Draft Focused EIR. Metropolitan's staff has reviewed the document for information germane to our statutory responsibil- ities in connection with the proposed project. Based on our review of the document, the Newport Avenue Extension alternative would not affect Metropolitan's facilities. Bowever, should the Newport Avenue Extension with Grade Separation at Red Bill Avenue alternative be chosen, Metropolitan's 79-inch-inside-diameter welded steel East Orange County Feeder NO. 2 pipeline would be affected by the project. As you have noted on Page 40 and on Figure 15 on Page 42, relocation of our pipeline and appurtenant structures within the street right of way would be required. We therefore request that you furnish copies of preliminary drawings for any construction within the vicinity of our pipeline. Plan and profile drawings of our pipeline may be obtained by contacting Mr. Jim Bale, telephone (213) 250-6000, extension 564. we appreciate your cooperation in keeping us informed of your activities that may affect us. If you have any questions, please contact me on extension 568. Very truly yours, /~ ,/_.. ~,, .? .l Edward J. Thornhill Principal Administrative Analyst Environmental Planning Section DAM: asj 1111 Sunset Boulevard, Los Angeles, Calif./Mailing address: Box 54153, Los Angeles, Calif. 90054 / Telephone: (213J 250-6000 ¸II COUNTY SANITATION DISTRICTS OF ORANGE COUNTY, CALIFOKNIA P. O, BOX G12"'7, FOUNTAIN VALLEY, OALIFORNIA g2'7[3B City of Tustin City Center 300 Centennial Way Tustin, CA 92680 Subject: jUL 26 i~J TUSTIN PUBLIC WORKS DEPT. ElY Draft Focused Environmental Impact Report Newport Avenue Extension In reviewing subject report, the Districts' staff did not find any reference to the underground trunk sewers. Please be ad- vised that this agency has three existing major trunk lines in the project vicinity, Contract 7-4-2R Tustin-Newport Relief Subtrunk Sewer, Contract 7-5-1R West Relief Trunk Sewer-Redhill Avenue to Tustin, and Contract 7-5-2 West Trunk Sewer. It will be necessary for these lines to be protected during construction. Exact locations and proper protection methods should be discussed with Mr. Tom Dawes, Deputy Chief Engineer for the Districts, (714) 540-2910. flilary J. Baker Senior Engineering Aide HJB/ddk cc: Tom Dawes ~4J~iT'A FE INDU~T~:~IE$, IN(3. LAW DEPARTMENT 114 Sansome Street P.O. Box 7931 San Francisco, CA 94104 San Francisco, CA 94120 Phone 415/781-7600 July 26, 1983 Mr. Robert S. Ledendecker Director of Public Works/City Attorney City of Tustin 300 Centennial Way Tustin, CA 92680 Re: Draft Focused Environmental Impact Report-- Newport Avenue Extension--Tustin, California Dear Mr. Ledendecker: I acknowledge receipt of a copy of the subject report. That copy has been forwarded to Santa Fe Railway engineers in Los Angeles for review. May I please have an additional copy for my files. Frederick G. Pfrommer General Attorney LEB/lm LSA, Inc. 500 Newport Center Drive, S~ite 525 Newport Beach, CA 92660 August 12, 1983 RECEIVEL Bob Ledendecker City of Tustin 300 Centennial Way Tustin, CA 92680 Dear Mr. Ledenbecker: SUBJECT: DRAFT FOCUSED ENVIRONMENTAL IMPACT REPORT (83-1) FOR THE EXTENSION OF NEWPORT AVENUE Thank you for giving us the opportunity to review the above mentioned EIR. The City of Irvine Community Development and Transportation Services staff fully support the extension of Newport Avenue to Edinger Avenue, with grade separation over the Atchison, Topeka, and Santa Fe Railroad right-of-way line. The proposed project should be coordinated with the Los Angeles to San Diego high speed rail project (bullet train). A print of the proposed track modifications in the project vicinity (enclosed) indicates future track lowering to be approximately five feet at Newport Avenue. Additional information should be obtained from the American High Speed Rail Corporation, 2024 Century Park East, Suite 1010, Los Angeles, California, 90067. Should you have any questions with regard to the comments given above, please contact George Divine, Senior Engineer of Transportation Services, City of Irvine, at 660-3638. Se~.or Planner E~Wironmental Services EM/pj Enclosures cc: George Divine John Murphy SF TRACK RC TRACKS '~SF TRACKS SCHOOb-MAINTENANCE YIa~RD [~ ::o 0 200' 400' 150' 100' EXISTING NEWPORT FREEWAY OVER-CROSSING . ~ ........ PROPOSED REDHIH~-AVENUE ................ OVER-CROSSING C VERTICAL HORIZONTAL 0 20' 40' 0 200' 400' ~TA~ITM OIm CA LI ~'O~NIA SeptemBer 2, 1983 · ,.~, ~o 183-30/EIR Dan Conaty Office of Planning and Research 1400 Tenth Street - Room 121 Sacramento, CA 95814 RECEIVE5 TUSTIN PUBLIC WORKS DEPT. BY [ ~ Dear Mr. Conaty: This is in regard to the City of Tustin's Draft Focused Environ- mental Impact Report for the Newport Avenue Extension, SCH %82070913. In reviewing this document, we find that it leaves unanswered far more questions concerning the effectiveness of a Newport Avenue crossing of The Atchison, Topeka and Santa Fe Railway Company's tracks than it answers. Not only is there considerable train switching activity in the vicinity of the proposed Newport Avenue Extension but consideration should be given to the impact which such a crossing woul~'-hage on the use of the railroad's passing track for passes and meets. Following is a more specific statement of our concerns over the deficiencies which we perceive in the focused ELR. On page 11 of the EIR under Existing Conditions - Railroad Operations, a description ~f the trackage and train activities in the vicinity of the proposed Newport Avenue Extension is given. Any meaningful information which would permit an analysis of the impact of the extension on train activities and the impact of train activities on the effectiveness of a railroad-highway grade crossing is, however, sadly lacking. For example, if switching operations at the site of the proposed Newport Avenue crossing would block the roadway for significant periods of time, the resultant traffic delays would render the project ineffective for its intended use. Further, if passes and meets of trains occur in this vicinity, as we would assume, either the crossing would be blocked for extended periods of time or the railroad would have to revise its operations to avoid being in violation of the Commission's General Order No. 135 which governs the occupancy of public grade crossings by railroads. Dan Conaty -2- September 2, 1983 On page 32 of the EIR, it is indicated that the proposed Newport Avenue 'Extension would have a generally beneficial effect on a variety~f co~%munity services. This may or may not be correct subject to further analysis. The benefits to community services are entirely dependent on the reliability of the route. If the previously noted switching activities and train passes and meets were to block the proposed crossing for inordinate periods, of time, the proposed Newport Avenue Extension would not be a re- liable route for emergency vehicles and emergency vehicles would, of necessity, continue to use the more reliable Red Hill Avenue crossing. Due to the lack of a proper in-depth analysis, it is our opinion that the EIR has reached erroneous conclusions regarding ~he solution to what we recognize as being very real traffic circulation problems. The ideal solution to the problem would be a. Newport Avenue overcrossing and reconstruction of Edinger Avenue on/off- ramps to Route 55. If the California Department of Transportation had correctly designed access to Route 55, we would not now be faced with the Newport Avenue Extension problem and the very high costs for such a resolution of the problem. The more practical %olution, and the only one which the commission staff believes would '~eet the requirements for publid convenience, necessity and safety, is a modification of the project alternative. If there is to be any realistic solution to t_he traffic circulation problem, it must entail completion of a Red Hill Avenue grade separation after which it would appear practical to consider cons- truction of the Newport Avenue Extension and attendant grade crossing. In justification of this position and subject to further review by the City and the railroad, we offer the following comments: At the present time, railroad operations are tailored to the exis- tence of the Red Hill Avenue grade crossing and ~he lack of a Newport Avenue grade crossing. Passes, meets and switching acti- vities may all now be freely performed northerly of Red Hill Avenue without interference with or by vehicular traffic acitity. As previously indicated, a Newport Avenue grade crossing would require a substantial change in the mode of railroad operations. And without a Red Hill Avenue grade separation, it would appear that the railroad would be severely penalized by the reduction in effective length of passing track and the impact of vehicular traffic on its switching activities. Assuming that a Red Hill Avenue grade separation is constructed, we believe i~ would be possible for the railroad to shift many of its operations southeasterly so as not to interfere undu~ with a Newport Avenue grade crossing. While the necessary track Dan Conaty -3- September 2, 1983 modifications would come at some cost to the City, we would hope that the costs would be within reason considering the magnitude of the total project and the benefits provided in improved traffic circulation to the City of Tustin. Thank you for the opportunity to comment on the EIR and to apprise all interested parties with the views and concerns which the staff of the California Public Utilities ComMission has with regard to tkis project. Very truly yours, ROBERT W. STICH~ P. E. Supervisor.- Traffic Engineering Transportation Division cc: Bob Leydendecker Public Works Director City of Tustin 300 Centennial Way Tustin, CA 92680 Leland E. Butler General Attorn%y ' ' Santa Fe Industries, Inc. 114 Sansome Street San Francisco, CA 94104 RECEIVES TUSTINsy PUBL,~S DEPT. State Clearinghouse 1400 Tenth Street, Room 121 Sacramento, CA 95814 September 2, i982 ATTENTION: Mr. D. Conaty Subject: Proposed Extension of Newport Avenue, City of Tustin--SCH NO. 820~0913 Gentlemen: It is the opinion Of The Atchison, Topeka and Santa Fe Railway Company that the Environmental Impact Report for the extension of Newport Avenue within the City of Tustin must be supplemented before it can be considered as a thorough an.~ complete analysis o£ all impacts that would result from an extension of Newport Avenue. It does not adequately address the scope of railroad operations at the site of the proposed extension, nor does it consider the disruption an~ harm to such operations (and consequently, to the railroad) that would result. Railroad facilities at the site of the proposed extension consist of two main tracks, a switching lead track and various spur tracks. Operations for meets/ passes and for switches must be scheduled in a manner that assures minim~ blockage of Red Hill Avenue, a crossing at grade. An additional crossing at grade at Newport Avenue would completely remove tPe ability of the railroad to schedule meets and passes at the site of the proposed extension. Switching operations would require blocking Red Hill Avenue or the proposed Newport Avenue for extended periods or would require breaking of trains at the crossing during each switching operation; that would result in an intolerable extension of time necessary for conducting those operations, with a considerable additional expense to the railroad. At the present time, current operations result in train occupancy of the proposed site of the crossinq for a total of 1 hour 48 minutes per day on the average. Some consideration is given in the report to an alternative project of a grade separation at Red Hill Avenue together with the proposed at grade crossing of Newport Avenue. That would permit railroad operations State Clearinghouse Page 2 September 2, 1983 to continue more or less as today without the adverse results herebefore mentioned. However, the report suggests that under that alternative the Newport Avenue crossing is tO be constructed and opened before the Red Hill Avenue separation is undertaken. The railroad cannot agree to that. The Red Hill Avenue separation must be completed prior to the opening of a crossing at Newport Avenue. Otherwise, those adverse results previously outlined will exist until the separation of Red Hill Avenue has been completed. Very. truly yours, E' BUTLER General Attorney LEB/lm CC: Mr. Robert S. Ledendecker Director of Public Works/City Attorney City of Tustin 300 Centennial Way Tustin, CA 92680 GEORGE DEUKMEJIAN of alif mia GOVERNOR'S OFFICE OFFICE OF PLANNING AND RESEARCH 1~ TENTH STREET SACRAMENTO 95814 September 12, 1985 Mr. Bob Ledendecker City of Tustin 300 Centennial Way Tustin, CA 92680 Subject: SCH# 82070913, Newport Avenue Extension/Tustin Dear Mr. Ledendecker: ,~ £P 1 5 1983 TUSTINBv P~ DEPT. The State Clearinghouse submitted the above named draft Enviror~ent~l Impact Report (EIIQ to selected state agencies for review. The review period is closed and the ccm- ments of the individ,~l agency(les) is(are) attached. If you would like 'to discuss their concerns and rec~m~mdations, please contact the staff from the appropriate agency(les). Wh4m preparing the final EIR, you must include all cc~ments and responses (C~QA Guidelines, ~ection 15146). The certified ~'R must be considered in the decision- -~king process for the project. In addition, we urge you to respond directly to the ~.~..~ting agency(les) by writing to them, lncluRing the State Clearinghouse number on all correspondence. A 1981 Appellate Court decision in C. l ea~y v. C~,n~F of S~-nislaus (118 Ca]. App. 3d 348) clarified requir~aents for responding to review cc~aents. Specifically, the court indicated that c~ents _~,~t be addressed in detail, giving reasons why the specific cc~menta and suggestions were not accepted. The responses must show factors of overriding significance which required the suggestion or c~t to be rejected. Responses to o-..~ts must not be conclusory statements b~t must be supported by em- pirical or experimental data, scienti£ic authority or explanatot'y info~aation of any kind. The court further sa/d that the responses must be a good faith, reasoned analysis. In the event that the project is approved without adequate mitigation of significant effects, the lead agency must make written findings for each significant effect and it must support its actions with a written statement of overriding considerations for each unmitigated significant effect (CtgQA Guidelines Section 15088 and 15089). If ~he project requires discretionary approval frcm any state agency, the Notice of Determination must be filed with the Secretary for Resources, as well as with the County Clerk. Please contact Dan Conaty at (916) 445-0613 if you have any questions about the enviror~.e~tal review process. Si. ncerel, y, j State Clearinghouse cc: Resources Agency attachment r a n cl u ITl Business ond Transpo~ation Agency : RON BASS, F, xecutlve Director Office of Planning & Research State Clearinghouse l~00 Tenth Street Sacramento, CA. 95814 August 8, 1983 A-95 REVIEW SUSAN BROW/~ - District 7 From : DEPARTMENT OF TRANSPORTATION Project Review Comments SCH NU~IBER 82070913 Newport Avenue Extension. Improvements to the I-5/SR-55 Interchange under examination by Caltrans would not result in closure of the northbound Mcfadden/ SR-55 Off-ramp. Improvement could restrict traffic from the north- bound Mcfadden On-ramp to northbound SR-55. Traffic from this ramp would be allowed to go north and south on I-5 only. Closure of the northbound McFadden/SR-55 Off-ramp would result only if Newport Avenue is extended to Edinger. Acquisition of right-of-way for the project may result in taking only a portion of Case Swayne's facilities, however, it could affect the operations of the business such that the result would be the elimination of this business. The effect to access to this facility is not discussed in the E.I.R. SUSAN BROWN, Acting Chief Environmental Planning Branch Transportation District ? Clearinghouse Coordinator For infoPnxation, contact Darrell Wood (ATSS) 6~0-22~6 or (213) 620-2246 Attachment: U oFo State 426~ Camp~ Drive, Suite BAS MAC IYAN'DARN ELL, ! NC. ENGINEERING AND PLANNING ~ Tmn~.ootlefion, Traffic, Munic/pII, Transit Newport Beach, C~ifornia 92660 (714) 549-9940 September 12, 1983 Mr. Robert Ledendecker City Engineer City of Tustin 300 Centennial Way Tustin, California 92680 Subject: Response to co.m~ents on Draft Focused Environmental Impact Report for the extension of Newport Avenue across the Atchinson, Topeka and Santa Fe Railroad tracks to Edinger Avenue Dear Mr. Ledendecker: In accordance with your authorization comments received from the State of California Public Utility Commission and the Atchison, Topeka and Santa Fe Railway Company have been reviewed and responses to comments prepared. The following lists the comment and is followed by the response to the comment. State of California Public Utility Commission letter dated September 2, 1983 addressed to Mr. Dan Conaty, Office of Planning and Research signed by Robert W. Stich, P.E. 1. Comment On Page 11 of the EIR under Existing Conditions - Railroad operations, a description of the trackage and train activities in the vicinity of the proposed Newport Avenue is given. Any meaningful information which would permit an analysis of the impact of train activities on the effectiveness of a railroad-highwaY grade crossing is, however, sadly lacking. Response Detailed information relative to train activities at Newport Avenue can be divided into three categories: freight train activities, AMTRACK and switching activities. Information regarding the extent of these activities was provided by the AT&SF in correspondence dated August 19, 1983 signed by Frederick G. Pfro, u,er and September 3, 1982 signed by W. W. Toliver. In addition to this data field review of the site were performed. This data is presented on Page 11 of the EIR and A-25 and A-38 in Appendix A. The ·data provided was limited and would indicate that the pri- mary impacts at the Newport Avenue crossing would be a result of the switching operations and the railroad pass and meet activities. Mr. Robert Ledendecker September 12, 1983 Page Two 2. Comment Response 3. Comment With regard to the pass and meet activities, it is expected that the current plans to provide grade separating of the AT&SF tracks with Myford Road, Culver Drive and Jeffrey Road may result in a change in these railroad activities at Red Hill Avenue and at Newport Avenue. With regard to the'switching. 'activities discussions with railroad representatives identified, at the time of the studies, minimal use of the spur line immediately north of Newport Avenue. At this time and during the study period the primary user of the spur [former Lumber Yard) is no longer active. In general it can be concluded that additional data relative to switching operations etc. would be desirable. However, due to the wide fluctuation of activity and demand any conclusions other than an impact will occur is not anticipated. If switching operations at the site of the proposed Newport Avenue crossing would block the roadway signi- ficant periods of time, the resultant traffic delays would render the project ineffective for its intended use. Further if passes and meets of trains occur in this vicinity, as we would assume, either the crossing would be blocked for extended periods of time or the railroad would have to revise its operations to avoid being in violation of the Commissions General Order No. 135 which governs occupancy of public grade crossings by railroads. Review of the project area and the Red Hill Avenue at- grade crossing identify that some of the concerns identified by the PUC are currently occuring at Red Hill Avenue. These concerns are monitored by the City and over time have noticed the PUC and AT&SF relative to the violations of General Order No. 135. The introduction of an additional at-grade crossing at Newport Avenue will add to this potential, however, the addition of the second at-grade crossing for the area is anticipated to increase the ability of motorists to find an alternate route when either the Red Hill or Newport crossing is impacted by railroad activity. On Page 32 of the EIR, it is indicated that the proposed Newport Avenue Extension would have a generally beneficial effect on a variety of community services. The benefits to c~,,aunity services are entirely dependent on the reliability of the route. If the previously Mr. Robert Ledendecker SeptembeF 12, 1983 Page Three noted switching activities and train passes and meets were to block the proposed crossing for inordinate periods of time, the proposed Newport Avenue Extension would not be a reliable route for emergency vehicles and emergency vehicles would of necessity, continue to use the rm~e reliable Red Hill Avenue crossing. Response The beneficial impacts on Community Services is based on the addition of a crossing of the A.T._& SF as well'as A.T. & SF observance of General Order 135 regulations. In the event General Order 135 regulations are flagarantly violated, neither the Newport Avenue or the Red Hill Avenue crossings would be considered reliable routes. Comment The A.T. & SF states in their letter dated September 2, 1983 that the crossing area is occupied a total of one {1~ hour and 48 minues a day on the average. This means that more than 22 hours of the day is' not impacted. Therefore, a positive %mpact of increased access across the A.-T. & SF can be stated~ "It is our opinion that the EIR has reached erroneous conclusions regarding the solution to what we recognize as being very real traffic circulation problems. The ideal solution to the problem would be a Newport Avenue overcrossing and reconstruction of Edinger Avenue on/off-ramps to Route 55, Response The solution identified by the PUC has previously been reviewed in analyses for the Newport Avenue Extension. To accomplish the solution suggested by the PUC was investigated by Cal trans. The solution identified, required a major reconstruction of the Edinger on/off ramps and the carrying of Newport Avenue over Edinger Avenue, and the on-off ramps with a final connection of Newport Avenue to Del Amo Avenue located easterly and southerly of Edinger Avenue. This alternative 'and resulting traffic service was determined to not be feasible nor provide positive impacts for traffic circulation. Mr. Robert Ledendecker September 12, 1983 Page Four 5. Comment Response In addition the extensive utilities in the area and proximity of Route 55 and Edinger Avenue permit the conclusions that have been made. Exhibits A-l, A-2, B-1 and B-2'on pages B-35 thru B-38 of Appendix B show the extensive grade differential.problems at Edinger Avenue that w~uld be expected 'from an over- crossing or undercrossing alternative. The more practical solution, and the only one which the Commission staff believes would meet the require- ments for public convenience, necessity and safety, is a modification of the project alternative. If there is to be any realistic solution to the traffic circulation problem, it must entail completion of a Red Hill Avenue grade separation after which it would appear practical to consider construction of the New- port Avenue Extension and attendant grade crossing. Other than constructing Newport Avenue after the Red Rill Avenue grade separation structure is c~mpleted, this recommendation is the same as the Newport Avenue Extended with Grade Separation at Red Hill Avenue alternative discusse~ on pages 39-49 of the EIR. This alternative discusses the implications of constructing the Red Hill Avenue separation in conjunction with the Newport Avenue at-grade crossing with emphasis towards constructing Newport Avenue first. This will permit either a full closure of the Red Hill crossing or re- duced traffic service on Red Hill-in order that the extensive construction of utlities and underpass alter- native could be constructed with minimal disruption. Selection of this alternative would permit the resolution of the various concerns identified by the PUC and A.T. & SF. 6. Comment Response The EIR does not adequately address th~ scope of railroad operatives provided at..the site of the proposed extension, nor does it consider the disruption and harm to such operations (and consequently~ to the railroad), that would result. See preceding responses to comments I and 2. Mr. Robert Ledendecker September 12, 1983 Page Five 7. Comment Some consideration is given in the report to an alternative project of a grade separation at Red Hill Avenue together with the proposed at-grade crossing of Newport Avenue. That would permit railroad operations to continue more or less as today without the adverse results'herebefore mentioned. 'However, the report suggests that under that alternative the Newport Avenue crossing is to be constructed before the Red Hill Avenue separation is undertaken. The railroad cannot agree to that. Response This alternative is discussed on Pages 39 thru 49 of the EIR. The reasoning behind the construction of the Newport Avenue Extension as Phase 1 of the project is that construction of the Red Hill Avenue grade separa- tion is expected to be difficult as well as impact vehicular and railroad operations. The extensive utility relocations may actually necessitate full closure of Red Hill Avenue. Therefore flexi~lity in constructing the project will be necessary and the construction of Newport Avenue Extension as Phase 1 will assume a timely completion of the project and mini~Fize construction impacts. We trust these responses adequately address the co~,~'~,ents in the project received from the State of California Public Utilities Commission and the Atchinson, Topeka and Santa Fe Railway Company. Sincerely, BASMACIYAN-DARNELL, INC. Bill E. Darnell, P.E. BD/ddf cc: Edward Knight, City of Tustin Carolyn Lobell, Larry Seeman and Associates