HomeMy WebLinkAbout09 WIDENING EDINGER 04-02-01AGENDA REPORT
MEETING DATE: APRIL 2, 2001
No. 09
400-45
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM:
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT:
ENVIRONMENTAL DETERMINATION, APPROVAL OF PLANS AND
SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR
THE WIDENING OF EDINGER AVENUE FROM 1400 FEET EAST OF RED
HILL AVENUE TO 2400 FEET WEST OF JAMBOREE ROAD (CIP 7132)
SUMMARY
This project provides for the widening of Edinger Avenue from four to six lanes from east of Red
Hill Avenue to west of Jamboree Road along the MCAS Tustin border. The attached resolution will
approve and certify the Final Environmental Impact Report, pursuant to California Environmental
Quality Act (CEQA) requirements. The plans and specifications are ready for City Council approval
and the project is ready to be advertised for bids.
RECOMMENDATION
It is recommended that the City Council adopt two resolutions:
1. Resolution No. 01-25 which approves the Final Environmental Impact Report for Moulton Parkway
(Edinger Avenue) Smart Street for the segment of Edinger Avenue between 1400 feet of Red Hill
Avenue to 2400 feet west of Jamboree Road pursuant to the California Environmental Quality Act
(CEQA). Then. direct staff to file a Notice of Determination.
2. Resolution No. 01-26 approving the plans and specifications for the Widening of Edinger Avenue
between 1400 feet of Red Hill Avenue to 2400 feet west of Jamboree Road (CIP 7132) and
authorizing and directing the City Clerk to advertise for bids.
FISCAL IMPACT
The Engineer's construction estimate for this project is S3.567,000. The City's 2000-2001 FY Capital
Improvement Program Budget currently allocates $3,000.000 of construction phase funding. However.
sufficient funding has been identified to complete this project. The funding is comprised of a combination
of Gas Tax and Measure M Turnback Funds. The project also includes an Irvine Ranch Water District
(IRWD) Domestic Water Facility that will be reimbursed by IRWD. The IRWD Domestic Water Facility is
estimated at $145,000. Approval of a reimbursement agreement with IRWD is a separate City Council
item. Approval of a supplemental appropriation to the current CIP Budget will be considered in a
separate City Council Item after construction bids are opened.
Environmental Determination
April 2, 2001
Page 2
BACKGROUND
This project provides for the widening of Edinger Avenue from the existing four lanes to major
arterial highway standards (six lane with bike lanes). The limits of the widening are from 1400
feet east of Red Hill Avenue along the MCAS Tustin on the south and the SCRAA Railway on the
north to 2400 feet west of Jamboree Road. The work includes pavement resurfacing, new street
pavement, curb, gutter, center median, storm drain, street lights, landscaping and an IRWD water
domestic water facility. The IRWD water line is being constructed with this project with IRWD
funds and approval of a reimbursement agreement with IRWD is a separate Council item.
A comprehensive Environmental Impact Report (EIR) was prepared with the County of Orange
Environmental Management Agency as the lead agency for the Moulton Smart Street Program.
This report was prepared in conformance with the California Environmental Quality Act (CEQA)
with the City of Tustin providing review and comments. The Orange County Board of Supervisors
cedified the Final EIR on October 5. 1993.
The City of Tustin is the responsible agency for the segment of the program through Tustin that
includes Edinger Avenue from SR55 to Harvard Avenue. The EIR recommended preparation of
a further Noise Study to analyze the noise effects of the roadway widening along the segment of
Edinger Avenue from Red Hill Avenue to Jamboree Road. The City of Tustin has completed this
recommended study. The study covered the residential areas on the north side of Edinger
Avenue in this segment. The study concluded the effects from the roadway widening would not
be a significant noise impact.
DISCUSSION
The Environmental Impact Report relating the segment of Edinger Avenue from 1400 feet east
of Red Hill to 2400 feet west of Jamboree Road has been completed and found adequate and in
compliance with the California Environmental Quality Act (CEQA). A copy of the Environmental
Impact Report is available for public review at the Public Works Department.
The Plans and Specifications are completed and authorization to advertise for bids for the
Widening of Edinger Avenue from 1400 feet east of Red Hill to 2400 feet west of Jamboree
Road is requested.
Environmental Determinaiion
April 2, 2001
Page 3
The following is the tentative schedule for this project:
Authorization to advertise for bids ........................................................ 04-02-01
First legal advertisement ................................................................... 04-13-01
Second legal advertisement ............................................................... 04-20-01
Bid opening .................................................................................. 05-16-01
Award of contract ........................................................................... 06-04-01
Commence construction .................................................................... 07-16-01
Complete construction (including plant establishment) .............................. 06-21-02
.~.~, Tim D. Serlet '"' ......
Director of Public Works/City Engineer
oO
'*"¢_~,---~-" ..'~" ,~.~ .~/~Z~ ','
Dana R. Kasdan '~"'
Engineering Se~ice Manager
RLS:Approval of Ed!nger Ave Wiaening Seg 2 & Reso 0~-25 & 26 doc
Attachments' Resolution No. 01-25
Resolution No. 01-26
Location Map
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RESOLUTION NO. 01-25
A RESOLUTION OF THE TUSTIN CITY COUNCIL APPROVING THE FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE MOULTON PARKWAY SUPER
(SMART) STREET (EIP, NO. 542) AS THE CONTROLLING ENVIRONMENTAL
DOCUMENT AND CLEARANCE FOR THE SEGMENT OF THE MOULTON
PARKW!AY (EDINGER AVENUE) SMART STREET PROJECT BETWEEN 1400
FEET EAST OF RED HILL AVENUE TO 2400 FEET WEST OF JAMBOREE
ROAD, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
The Orange County Board of Supervisors certified Environmental
Impact Report (EIR) No. 542 for the Moulton Parkway Super (Smart)
Street project on October 5: 1993: and
The City of Tustin is a Responsible Agency for the Moulton Parkway
Super (Smart) Street project and is responsible for implementation of
the project within Tustin; and
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The proposed project consists of the widening of Edinger Avenue from
1.400 feet east of Red Hill Avenue to 2.400 feet west of Jamboree
Road; and
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The environmental effects of the project, shown in EIR No. 542.
been reviewed and considered ;and
have
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The County of Orange received comments from the public and
responsible public agencies on Draft EIR No. 542 during the 60-day Draft.
EIR public review period which extended from March 31. 1993 through
May 31. 1993: and
Section 21081 of the Public Resources Code and Section 15091 of the
State CEQA Guidelines require that the City Council make one or more
of the following findings prior to approving or carrying out a project for
which an EIR has been prepared identifying one or more significant
effects of the project, together with a statement of facts in support of
each finding:
Changes or alterations have been required in. or incorporated into.
the project which mitigate or avoid the significant effects on the
environment.
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.
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Resolution No. 01-25
April 2. 2001
Page 2
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 EIR: and
State CEQA Guidelines Section 15093(a) requires the City Council to
balance the benefits of a proposed project against its unavoidable
environmental risks in determining whether to approve the project; and
State CEQA Guidelines Section 15093(b) requires that. where the
decision of the City Council allows the occurrence of significant effects
which are identified in an EIR, but are not at least substantially mitigated.
the City Council must state in writing the reasons to support its action
based on the FEIR or other information in the record. Findings of Fact
and a Statement of Overriding Considerations is incorporated here by
reference and provided as Exhibit A; and
The City Council of the City of Tustin does hereby find that the FEIR for
the Moulton Super (Smart) Street project, in its entirety, is adequate to
serve as the controlling environmental document and clearance for the
widening of Edinger Avenue from 1,400 feet east of Red Hill Avenue to
2,400 feet west of Jamboree Road; and
The City Council hereby finds that the unavoidable significant
environmental effects identified in the FEIR have been substantially
lessened in their severity by the imposition of the mitigation measures
contained in EIR No. 542. The City Council also finds that the remaining
unavoidable significant environmental effects are outweighed by tile
economic, social, and other benefits of the project, as set forth in the
Findings of Fact and Statement of Overriding Considerations attached as
Exhibit A. The City Council adopts the Findings of Fact and Statement of
Overriding Considerations: and
The City Council hereby finds that changes have been required in, or
incorporated into, the project that will mitigate or avoid the potentially
significant adverse effects identified in the FEIR as specifically itemized
in Exhibit B of the Orange County Board of Supervisors Resolution No.
93-1116.
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Resolution No. 01-25
April 2.2001
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council. held on the 2nd day of April 2001.
TRACY WILLS WORLEY. Mayor
City Clerk
Resolution No.
Exhibit A
01-25
Findings of Fact and
Statement of Overriding Considerations
City of Tustin
300 Centennial Way
Tustin, CA 92780
TABLE OF CONTENTS
FINDINGS OF FACT AND STATEMENT OF OVERRII)ING
CONSIDERATIONS FOR THE WIDENING OF EDINGER AVENUE
FROM 1400 FEET EAST OF RED HILL AVENUE TO 2400 FEET
WEST OF JAMBOREE ROAD AS DOCUMENTED 'IN EIR NO. 542.
Section
I.
il.
111.
V.
VII.
Pat~e
INTRODUCTION 4
DESCRIPTION OF PROJECT 4
PURPOSE OF FINDINGS 4
INCORP()P~ATION OF MITIGATION MEASURES INTO PROJECT DESIGN 4
FINDINGS CONCERNING SIGNIFICANT UNAVOIDABI,E Al)VEl, USE
IMPACTS 5
FINDINGS CONCERNING SIGNIFICANT IMPACTS
REI)UCED TO I,ESS THAN SIGNIFICANT LEVELS BY
MITIGATION M EASt; RES INCORPORATED INTO TIlE PROJECT 5
STATEMENT OF OVERRIDING CONS II)ERATIONS 11
Summary of Overriding Considerations 11
Adoption of Overriding Considerations 12
FINDINGS OF FACT CONCERNING THE PROJECT
Pursuant to the Calitbmia Environmental Quality Act (CEQA) Guidelines Section 15091 as
amended January 1, 1999, the City of Tustin (City) upon review of Final Environmental Impact
Report No. 542. including the commcnts m~d responses therein, and based on all the information and
evidence in the record, hereby makes the Findings set forth herein:
1. INTRODUCTION
Final E! R No. 542 (State Clearinghouse N umber 92051034) identifies the significant or potentially
significant environmental impacts, prior to mitigation, that may occur as a result of' the Moulton
Parkway Super (Smart) Street project. Ihe County of Orange is the lead agency for the Moulton
Parkway Super (Smart) Street project. ]'he Orange County Board of Supervisors certified EIR No.
542 on October 5: 1993.
Thc cities of Santa Ana, Tustin, Irvine. I_aguna ltills, Laguna Niguel, and Dana Point are
Responsible Agencies for EIR No. 542 and are responsible fbr making their own findings in granting
subsequent project approvals pursuant to CEQA Guidelines Section 15096. The City of Tustin is
responsible f`or thc implementation of the Moulton Parkway Super (Smart) Street project within
Tustin. Project implementation includes preparation ol'design plans, acquisition of right-of-way,
construction of the improvements, and implementation of the mitigation measures and Mitigation
Monitoring Program.
II. DESCRIPTION OF PROJECT
The Moulton Parkway Super (Smart) Street project consists o fimprovements to approximately 24.5
linear miles of existing roadway extending from the City of` Santa Ana to the City of Dana Point,
wilhin the County &Orange, Calitbrnia. The project within the city of Tustin includes the widening
of Edinger Avenue from the existing lbur lanes to major arterial highway standards (six lanes with
bicycle lanes). The project has been divided into phases. The limits of this phase of the project are
I'rom 1400 feet east of Red Hill Avenue to 2400 feet west of Jamboree Road. The closed Marine
Corps Air Station. 'l'ustin is located south of'the roadway, and the Southern California Regional Rail
Authority railway is located to the north of thc project. '['he project includes pavement resurfacing.
new street pavement, curb, gutter, center median, storm drain, street lights, landscaping and an Irvinc
Ranch Water District domestic water facility.
IlL PURPOSE OF FINDINGS
Thc FEIR. prepared in accordance ~x. ith thc California Environmental Quality Act (CEQA). evaluates
the significm]t adverse environmental impacts that could result from the project. Section 15091 of
the CEQA Guidelines requires that the public agency approving or carrs.-ing out the project shall
}."INDI.N(.;S ()F }:ACT .AND ST,,\ I'EMI. I.I.E"gT OF OVERRII)IXG C()N$IDI~RA'I'IONS
make written findings ibr each significant impact identified in the Ell>,. These findings include one
of the tbllowing:
Changes or alterati ons have been required i n, or incorporated into. the project which avoid or
substantially lessen the significant environmental effect as defined in the EIS/EIR.
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Such changes or alterations are within the responsibility and .jurisdiction of another public
agency, and not the a,,encv~ . makinu~ the findin,,_~. Such changes have been adopted by such
other agency or can and should be adopted by such other agency.
Specific economic, legal, social, technological, or other considerations, including provision
of employment opportunities lbr highly trained workers, make infeasible the mitigation
measures or project alternatives identified in the final EIR.
These findings accomplish the lbllowing:
They address the significant environmental effects identified in the El R for lhe approved
project.
The)' incorporate all mitigation measures associated xxSth these significant impacts identified
in the FEI R.
They indicate whether a significant effect is avoided or reduced bv the adopted mitigation
measures to a less-than-significant level, or remain significant and unavoidable, either
because there are no feasible mitigation measures or because, even with implementation of
mitigation measures, a significartt impact will occur.
The conclusions presented in these findings are based on the FEIR and other substantial evidence in
the record of proceedings. Each of thc effects that remain potentially significtmt and unavoidable is
considered acceptable by the City based on a determination that the benefits of the project outweigh
thc risks ol'the potentially significant environmental eft'ecl, as set forth in Section VII. Statement of
Overriding Considerations.
IV. INCORPORATION OF MITIGATION MEASURES INTO PROJECT DESIGN
The mitigation measures identified in the FEIR as feasible and within thc Cit?"s responsibility and
jurisdiction to implement are hereby incorporated into the design of the project as required by
CEQA. The City shall implement these measures during project implementation. Where the FEIR
identifies feasible mitigation measures within the responsibility and jurisdiction of other public
agencies, the City finds that these other public agencies have adopted the measures, have agreed to
adopt the measures, or can and should adopt them.
Moulton Parkway Super ('Smart) Stmel I'roicc; .I
FINDINGS OF I:AC'I' AND S rA3'I.~MEN'[' OF OVIiRRI1)ING CONS1DER. ATIONS
V. FINDINGS CONCERNING SIGNIFICANT UNAVOIDABLE ADVERSE
IMPACTS
The FEIR indicates that the project would result in significant unavoidable impacts within six
environmental impact issue areas, one of which is applicable to the Tustin segment of Edinger
Avenue from 1400 feet cast of Red Hill Avenue to 2.400 lixet west of Jamboree Road. As described
below in thc findings for thc impact category, there are either no feasible mitigation measures or the
feasible mitigation measures would only partially mitigate the impact and the residual efl-Ect would
remain significant. As set forth in Section Vll. Statement of Overriding Considerations, the City
finds that these impacts are acceptable in light of the project's benefits.
Al R QUALITY
IMPAC~I:. AIR QUALITY IMPACT
Impact: Increased particulate matter (PM-10) including dust deposition, xvill be an unavoidable
adverse impact associated with increased vehicle travel.
Findings
Based on the I':EIR and the entire record before the Tustin City Council, the City Council finds that this
impact is significant and unavoidable. The City Council further finds that the mitigation measures in EIR
No. 542 will reduce the impact, but there are no feasible mitigation measures that will reduce the impact to a
less-than-significant level. The City Council further finds that those measures in EIR No. 542 that are within
the responsibility and jurisdiction of an agency or agencies other than the City of Tustin can or should be
adopted by the appropriate agency. Specific economic, legal, social, technological, or other considerations
justi$' approval of the project notwithstanding this impact as more frilly described in the Statement of
Overriding Considerations.
Facts in Support of Findings
The increase in PM-10 emissions would occur with or without the projecl. The project serves to provide
regional air emission reductions, as it allows for more efficient traffic flow. Available mitigation or project
alternatives are not feasible or would have net greater impacts overall.
VI.
FINDINGS CONCERNING SIGNIFICANT IMPACTS REDUCED TO LESS-
THAN-SIGNIFICANT LEVELS BY MITIGATION MEASURES
INCORPORATED INTO THE PROJECT
The FEIR identifies significant impacts that arc reduced to a "less-than-significant" level by the
inclusion in the prqject approval of the mitigation measures identified in the FEIR. It is hereby
determined that these significant environmental impacts of the project will be avoided or
substantial]x' lessened by thc inclusion of the identified mitigation measures.
Moulton Parkx~a.x Super (Smanl Slreel Prt[iccl <
FINDINGS OF FACT AND S'l ATEM£NT Gl; OVERRIDIN(i CONSIDER.VI IONS
GEOLOGY. SOILS AND SE1SM1CITY
IMPACT: I:24RTH RESOURCES
Impacts: Potential impacts include those due to seismic activiw and those resulting from underlying
soils and bedrock characteristics.
Findings
Based on tile FEIR and the entire record before the Tustin City Council, thc City Council finds that changes
or alterations have been incorporated into the project that will avoid the significant effects as identified in the
FEIR, by reducing potential effects to less-than-significant levels. The City Council further finds that those
measures which are within the responsibility and jurisdiction of an agency or agencies other than the City of
Tustin can and should bc adopted.
Facts in Support of Finding
Due to thc project's location in seismically active Southern California, the potential for seismic
impacts exists. However. lhese impacts are mitigated by adherence to standard local construction
and design practices and building codes. Potential slope and trench wall stability impacts will be
mitigated by the use of additional geotcchnical analyses, construction of any necessary retaining
walls, and adherence to standard construction and design practices.
HYDROI.,OGY AND DRAINAGE
IMPACT: HYDROLOGY AND WATER RESOURCES
Impacts: Shorl-tcrm erosion and water quality impacts from conslruction activities.
Findings
Based oil tile FEIR and the enlire record betbrc thc Tustin City Council. tile City Council finds that changes
or alterations have been incorporated into the project that will avoid thc significant effects as identified in the
FEI R, by reducing potential effects to less-than-signi ficant levels. The City Council further finds that those
measures Milch are within the responsibilit-5.' and jurisdiction of an agency or agencies other than the City of
Tustin can and should bc adopted.
Facts in Support of Findings
Adherence to the conditions of the General Construction Permit, including implemenlation of the required
Storm \Vater Pollution Prevenlion Plan, will keep potential erosion and water qualily impacts below
sign i ficant levels during construction and tbllowing projecl completion.
LAND USE AND RELEVANT PLANNING
IMPACT: LAND USE CO/tIPA TIBILI?T
Moulton Parkx~a.x Super (~,marl)Slrccl I)rt~}ect 6
Impacts:
Findings
FINDINGS OF FACT .-\ND STATEMEN I' 01.' OVERRIDING CONSII)ER.VI'IONS
l,and use compatibiliD.' impacts will occur due to secondary effects of traffic, air quality.
noise, aesthetics, and proximity to the roadway.
Based on the FEIR and the entire record before the Tustin City Council, the City Council finds that changes
or alterations have been incorporated into the project that will avoid the significant effects as identified in the
FE1R, by reducing potential effects to less-than-significant levels. The City Council further finds that those
measures which are within the responsibili~' and jurisdiction oran agency or agencies other than the (;it3' of
Tustin can and should be adopted.
Facts in Support of Findings
Land use compatibility impacts will be mitigated through various mitigation measures.
BIOLOGICAL RESOURCES
IMPACT: BIOLOGICAL RESOURCES
Impact: Plant habitat and plant species will be potentially impacted.
Findings
Based on the FEI R and the entire record before the Tustin City Council, the City Council finds that changes
or alterations have been incorporated into the project that will avoid the significant effects as identified in the
FEIR, by reducing potential effects to less-than-significant levels. The CiD, Council further finds that those
measures which are within the responsibi lit3' and jurisdiction of an agency or agencies other than the City of
Tustin can and should be adopted.
Facts in Support of Findings
The proposed project will result in potentially significant impacts upon plant habitat and plant species
relative to water quality and direct/indirect impacts. These impacts will be mitigated to a less than
significant level.
TRAFFIC AND CIRCULATION
I~IPACT: TRAFFIC AND CIRCULATION
Impacts: Short-term construction related traffic and circulation impacts.
Findings
Based on the FEIR. and the entire record before the Tustin City' Council. the City Council finds that changes
or alterations have been incorporated into the prqiect that will avoid the significant etl;~cts as identified in the
FE1R. by reducing potential efl'ects to less-than-signilicant levels. The Ci~' Council further finds that lhose
measures which are within the responsibility and jt,risdiction of'an agency, or agencies other than the Cit.',.' of
Tustin can and should be adopted.
Moullon Parkway Super (Smart) $1rcct Prqiect 7
I:INI)IN(.~S OF FACI' AND S'I'.,\'I'£;xll!N'I' OF OVLRRII)Ix~G CtOXSIDER.ATIONS
Facts in Support of Findings
Potentially signiticant short-term traffic and circulation impacts resulting t~'Oill construction activities will be
mitigated to less significant levels by implementation ol'Construction Tral"fic Control Plans.
AIR QUAI .ITY
IMPACT: SHORT-TERM AIR QU.4LITY IMPACTS FROM CONSTRUCTION
Impact: There would be potential short-term air quality impacts resulting I'rom equipment c.,d~aust
emissions and dust and odors generated during grading and site preparation.
Findings
Based on the FEll>, and the entire record before the Tustin City Council. the City Council finds that changes
or alterations have been incorporated into the project that will avoid thc significant effects as identified in the
FEIR, by reducing potential effects to less-than-significant levels. The City Council further finds that those
measures which are within the responsibility and jurisdiction o['an agency or agencies other than the City of
'Fustin can and should be adopted.
Facts in Supporl of Findings
Short-term air quality impacts resulting from construction activities will be reduced to less than significant
levels by requiring compliance with SCAQMD Rules, fitting construction equipment with modern emission
control devices and reducing construction traffic.
NOISE
IMPACT: SltORT-TERM NOISE I:I~IPACTS FROM CONSTRUCTION
Impact: Thc project mav~ =,,encrate construction noise impacts.
Findings
Based on the FEIR and the entire record before the '['ustin City Council. the City Council finds that changes
or alteralions have been incorporated into Iht project that will avoid the significant effects as identified in the
FI';IR, by reducing potential effects to less-than-significant levels. The City Council further finds that those
measures whict~ arc within the responsibility and jurisdiction of an agency or agencies other than the City of
Tustin, can and should be adopted.
Facts in Support of Findings
Potential construction noise impacts will be mitigated by limiting construction hours. EIR No. 542
recommended preparation of an additional Noise Study to analyze the noise effects oFthe roadway widening
along the segment of Edinger Avenue t¥om Red Hill Avenue to Jamboree Road. The City of Tustin has
completed this recommended sludy. The study covered the residenlial areas on the north side of Edinger
Avenue and concluded that the effects of noise from the roadway widening would not be a significant noise
im pact.
MouIIo~I Parkwa5 Super (Smarl'} Sl~¢ct Pro cot 8
FINDINGS OF FACI' AND ST.VI'EMEN'I OF OVERRII)ING CONSIDERATIONS
AI/STHETICS/LIGHT AND GLARE
IMPA C T:
Impact:
Findings
Not applicable.
AESTHETIC IMPACTS
No significant aesthetic impacts are anticipated with implementation of the subject segment
of the Moulton Parkway Super (Smart) Street project.
Facts in Support of Findings
Not applicable.
PUBLIC SERVICES AND UTILITIES
IMPACT: SHORT-TERM IMPACTS FROM CONSTRUCTION
Impact: The provision of emergency sen, ices may be impacted during construction. Construction
activities will affect facilities owned or maintained by public sen'ices and utility pun'eyors.
Findings
Based on the FEIR and the entire record betbre the Tustin City Council. the Cit'3.' Council finds that changes
or alterations have been incorporated into the project that will avoid the significant effects as identified in the
FEIR, by reducing potential effects to less-than-significant levels. The City Council further finds that those
measures which are within lhe responsibility and jurisdiction of an agency or agencies other than the Cit3.' of
Tustin, can and should be adopted.
Facts in Support of Findings
Implementation of mitigation measures requiring emergency vehicle access, waste minimization, safety and
detour providing, notification, relocation and/or replace,nent of affected utilities will mitigate potential
impacts to less than significant levels.
RECREATION
IMPACT: SHORT-TERM IMPACTS TO BICYCLE LANES FROM CONSTRUCTION
Impact: Bicycle lanes will be impacted temporarily.
Findings
Based on the Fl.':lR and the entire record belbre the Tustin City' Council, the City Cotmcil finds that changes
or alterations have been incorporated into thc project that will avoid the significant effects as identified in the
Moullon Pnrkway Super (Smart) Street Prc~icct 9
FINDINGS OF FACT AND ST:¥FEM[iNT OF ()VEJ~,RIDING CONS[Dr;RATIONS
FEIR, by reducing potential effects to less-than-significant levels. '¥he City Council further finds that those
measures which arc within the responsibility and jurisdiction of an agency or agencies other than the City of
Tustin. can and should be adopted.
Facts in Support of Findings
The project x~ ill result in potentially significant short-term impacts upon bicy:cle lanes. ElK No. 542 requires
the establishment of proper detours and alternalc routes, the posting of signs, and the timely completion of'
construction activities.
I IAZARDOUS MATERIALS
IMPACT: SHORT-TERM IMPACTS FR03I FOUND HAZARDOUS WASTE DURING
CONSTRUCTION
Impact: Hazardous materials may be uncovered during construction.
Findings
Based on the FEIR and the entire record before the Tustin City Council. the CiD' Council finds thru changes
or alterations have been incorporated into the project that will avoid the significant effects as identi fled in the
FEIR, by reducing potential effects to less-than-significant levels. The City Council further finds that those
measures which are within thc responsibility and jurisdiction oran agency or agencies other than the City of
Tustim can and should be adopted.
Facts in Support of Findings
Potential impacts will be mitigated to less than significant levels by requiring acquisition of data. removal of
hazardous materials and wastes in compliance with the State of California Hazardous Substances Control
Lax~. and contractors' adherence to protocol.
Motdton Parkxva.x Super (Smart) Sm:ct Pro. leer I 0
[:INI)INGS OF FACT AND S'I'ATF. MI-N t OF OVERRIDING CONSI/)ERA'I'IONS
VII. STATEMENT OF OVERRIDING CONSIDERATIONS
SUMMARY OF OVERRIDING CON SIDERATIONS
The California Environmental Quality Act (CEQA) requires a decision-maker, in this case the Tustin
City Council. to balance the benefits of a proposed project against its unavoidable environmental
risks in determining whether to approve the project. If the Tustin Cit'3.' Council allows the occurrence
of significant eff~ects through approval ora project, it must state its specific reasons tbr so doing in
writing. Such reasons are included in the "statement of overriding considerations."
Section 15093 of thc CEQA Guidelines establishes the tbllowing requirements for a statement of
overriding considerations:
(a.)
CEQA requires the decision-making agency to balance, as applicable, the economic, legal,
social, technological or other benefits of a proposed project against its unavoidable
environmental risks when determining whether to approve the project. If the specific
economic, legal, social, technological or other benefits of a proposed project outxYeigh the
unavoidable adverse environmental effects, the adverse environmental effects may be
considered "acceptable."
(b)
When the lead agency approves a project which will result in the occurrence of significant
effects, which are identified in the final El R but are not avoided or substantially lessened, the
agency shall state in writing the specific reasons to support its action based on the final EIR
and/or other information in the record. The statement of overriding considerations shall be
supported by substantial evidence in the record.
(c)
If an agency makes a statement of overriding considerations, the statement should be
included in the record of lhe project approval and should be mentioned in the notice of
determination. This statement does not substitute for, and shall be in addition to. findings
required pursuant to Section 15091.
The City of Tustin (hereafter referred to as "City") adopts and makes the folioxving statement of
overriding considerations regarding the remaining unavoidable impacts identified within the Final
Environmental Impact Report (FEIR) No. 542 for the Moulton Parkway Super (Smart) Street
project. In adopting Resolution No. 01-25. thc Tustin City Council acknowledges that it has
weighed the benefits of thc project against the adverse significant impacts that have not been avoided
or substantially lessened to less-than-significant levels through mitigation.
'['he Tustin City Council hereby' determines that the benefits of the project oum'eigh the unmitigated
adverse impacts and the project should be approved. ]'he Tustin City Council finds that to the extent
that the identified significant adverse impacts have not been avoided or substantially' lessened, there
are specific economic, legal, social, technological or other considerations which support approval of
the project.
Moulmn Parkway Super (Smart) Street Project I I
FINDINGS OF I:AC'I' AND Sq ATliMI'.'NT OF OVERRIDING CONSIDEIL,',,'I'IONS
SIGNIt'JCANT L~N:A VOIDABLE IMPACTS
Unavoidable or potentially unavoidable significant envirom'nental effects of the project identified in
the Final EIR and Findings of Significant Impacts include increased emissions of particulate matter
(PM 10).
ADOPTION OF OVERRIDING CONSll)ERA TIONS
The City specifically' adopts this Statement of Overriding Considerations and finds that: a) as part of
the approval provisions, thc project has eliminated or substantially lessened all significant effects on
the environment where feasible; b) other mitigation measures to mitigate thc effects associated with
the project are within the jurisdiction of other public agencies, and, c) thc remaining unavoidable
impacts of the project are acceptable in light of the environmental, economic, legal, social.
technological, and other considerations set forth herein, because the benefits of'the project outweigh
the significant and adverse impacts.
The CiLv finds that each of the overriding considerations set forth below constitutes a separate and
independent ground [br finding that the benefits of the project outweigh its significam adverse
environmental impacts and is an overriding consideration warranting approval of thc project. These
matters are supported by substantial evidence in the record.
FINDINGS OF OVERRIDING CONSIDERATIONS
A. Traffic Congestion Reduction
Moulton Parkway (also called Edinger Avenue. Irvine Center Drive and Street ol'the Golden Lantern
in certain jurisdictions along the project route) play's a key role in the regional arterial roadway
system within Orange County. Designated as a major arterial in some portions and as a primary
arterial in others, the 24.5-mile roadway' is a major north-south route that provides access to the
Costa Mesa Freeway' (California State Highway 55) and Interstate I-lighway 405 and is the main
roadway paralleling, and ofliaring a commuter option to. Interstate 5 from Santa Aha to Dana Point.
In 1982. the Orange County Transportation Authority (OCTA). formerly the Orange County
Transportation Commission (OCTC), performed a "1 ligh Flow Aa'teriai Concept Feasibility' Study"
which indicated that substantial improvements in reducing vehicle delay, number of stops, fuel
consumption, and vehicle emissions can be achieved through the implementation of the high-flow
arterial ("Super Street") concept. ]'he Super Street concept is a method of reducing traffic
congestion in Orange County by acting as a complement to thc highway system. Due to the rapid
development in South Orange County and the projected growth in traffic volumes, the Moulton
Parkway Super Street project was recommended to relieve existing and future traffic congestion and
improve air quality along the 24.5-mile route.
Moulton Parkway is a component of the ()range Count)' Congestion Management Program (CMP)
Highway System. and therefore, is subject to the CMP level of service standard. Moulton Parkway'
Mtmlt(m Parkway. Super iSmmt} Street Prqject 12
FINI.)I.x. GS OF FAC'I' AN[.) S'I'ATkMEN i ()F OVERRIDING CONMI)I-'RATI()NS
is currently experiencing increasing traffic congestion and uneven traffic floxv. The prqjectcd growth
of south Orange County (in accordance with City and County General Plans) will lead to increased
traffic volumes and deteriorating levels of service for the Ah4 and PM peak periods. A primary
objection of the project is to reduce existing and .future traffic congeslion along Moulton Parkway.
B. Design Improvements and General Plan Implementation
Improvements to the existing design of Moulton parkway are proposed by the project. Provisions
such as roadway widening, restriping, intersection improvements (providing turning lanes and signal
synchronization), on-street parking restrictions, median closures, and bus turnouts will provide
additional capaci~, and improve traffic flow, along with upgrading the safety and efficiency: of the
roadway. The roadway improvements proposed are consistent with the Orange County Master Plan
of Arterial Highway.'s (M-PAH) and thc General Plan Circulation Elements of'the cities traversed by
Moulton Parkway.
C. Air Quality Improvements
Although an overall increase in the number of vehicles using Moulton parkway is projected over the
next 20 years due to increased local and regional growth, daily air pollutant emissions generated
along Moulton parkway will decrease substantially when compared to existing conditions (with the
exception of PM10 emissions). This decrease can be attributed to stricter motor vehicle emissions
control programs which result in lower emission rates from the motor vehicles in Southern Calitbrnia
each year. When compared to Future No Project conditions (CIMP), Future With Project (L-JOS
Alternative) traffic conditions will generally result in a reduction in vehicle emissions due to
improved traffic flow (improved average speed and reduced delay at key intersections). 'lherctbre. a
beneficial air quality impact will result ti'om project implementation.
Kloulton Parkway .Super (Smartl Strccl Projccl 13
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RESOLUTION NO. 01-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
CALIFORNIA APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE WIDENING OF
EDINGER AVENUE FROM 1400 FEET EAST OF RED HILL AVENUE TO 2400
FEET WEST OF JAMBOREE ROAD (CIP No.7132)
WHEREAS, it is the intention of the City Council of the City of Tustin California
to contract for the widening of Edinger Avenue from four to six lanes from east of
Red Hill Avenue to west of Jamboree (CIP No.7132)' and
WHEREAS. the City Engineer has presented plans and specifications for the
construction of said work: and
NOW. THEREFORE, BE IT RESOLVED that the plans and specifications
presented by the City Engineer be and hereby are approved as the plans and
specifications for:
Widening of Edinger Avenue between 1400 feet of Red Hill Avenue to
2400 feet west of Jamboree Road (CIP No.7132)
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to advertise, as required by law, for the receipt of sealed bids for the
performance of the work specified in the plans and specifications;
BE IT FURTHER RESOLVED that the applicable mitigation measures identified
in the Final Environmental Impact Report for the Moulton Parkway Smart Street
(EIR No. 542) are feasible and within the City's responsibility and jurisdiction to
implement. The applicable mitigation measures are incorporated into the design of
the project as required by the California Environmental Quality Act. EIR No. 542
Was found to be adequate to serve as the controlling environmental document and
clearance for this project by separate resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 2nd day of April 2001.
A-I-I-EST:
Tracy Wills Worley, Mayor
City Clerk
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