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HomeMy WebLinkAboutCC RES 87-076-4 10 15 10 17 RESOLUTI ON .NO. 87-76 A RESOLUTION OF THE CITY COUNCIL..OF THE. CITY OF TUSTIN · FINDING THAT THE ENVIRONMENTAL IMPACT REPORT {EIR 87-i) PREPARED IN CONJUNCTION WITH THE NORTH/SOUTH ROAD PROJECT IS RECOGNIZED AS ADEQUATE AND COMPLETE AND MAKING FINDINGS WITH RESPECT TO MITIGATION OF SIGNIFICANT ENVIRONMENTAL EFFECTS AND CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT 87-1 WHEREAS, as part of the implementation of the City of Tustin's General Plan and the East Tustin Specific Plan, the North/South Road project (hereinafter "project") has been proposed; and WHEREAS, it is the policy of the State of California and the City of Tu'sti n, In accordance with the provisions of the Caltfornia Environmental Quality Act of 1970 (hereinafter "CEQA"), as amended (Public Resources Code, Section 21000 et seq.), and the State Guidelines for Implementation of CEQA, as amended (California Administrative Code, Section 15000 et seq.) that the City shall not approve a project unless there is no feasible way to lessen or avoid significant effects; meaning all impacts have been avoided to the extent feasible or substantially lessened and any remaining unavoidable significant impacts are acceptable based on CEQA, Section 15093; and WHEREAS, an Environmental Impact Report (hereinafter "EIR") has been~ prepared and circulated, pursuant to the requirements of CEQA; and WHEREAS, the Planning Commission of the City of Tustin held a public hearing on Draft £IR 87-1 at a regular' meeting on June 8, 1987 and responded to comments received during the review period on EIR 87-1. WHEREAS, the Tusttn Planning Commission at a meeting ..on June 29, 1987 reviewed EIR 87-1 and all responses thereto and adopted Resolution No. 2415 recommending to the City Council Final EIR 87-1. WHEREAS, the Tusttn Ctty Council has read and considered all environmental documentation comprising the £IR including, but not limited to, the East Tusttn Specific Plan Final £IR'and has found that the EIR c6nsiders al 1 potential ly ~i gni fi cant environmental impacts of the proposed project, is complete and adequate, and fully complies with all requirements of CEQA, and the State guidelines for implementation. WHEREAS, the California Environmental Quality Act {herinafter CEQA) and the State CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which tdentifie~ one or ~ore significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding; and -~ WHEREAS, the City Council has considered all impacts, mi tigatton measures, and project alternatives, identified in the EIR, and has found that all potentially significant impacts of the project have been avoided or lessened to a level of non-significance; and 4 10 11 12 13 14 15 10 17 18 19 20 21 22 23 25 26 217 28 Resolution No. 87-76 Page t.~o NOW, THEREFORE, be it resolved that the City Council of the City of Tusttn does hereby find that £IR 87-! in its entirety with all responses to comments is adequate and certifies that EIR 87-1 has been completed in compliance with the California Environmental Quality Act based upon the findings and statement of facts attached as "Exhibit A" and incororated herein by reference. PASSED, ADOPTED AND APPROVED by the City Council of the City of Tusttn, Ca)ifornta, at a regularly adjourned meeting on the 6th day of July, 1987. .~ry i~i e~'nn O' C{~y EXHIBIT A RESOLUTION NO. 87-76 .'""%GE 1 OF 10 . CEQA F)NDINGS AND STATEME .NT.....OF FACTS BACKGROUND The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) provide: ' "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects, of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each find- ing. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or sub- stantially lessen the significant environmental effect as identified in the final EIRo (2} Such changes or al terations are within the responsi- bil i ty and juri sdicti on of another pub) i c agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should b.e adopted by such other agency. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIRo (b). The findings required by subsection {a) shall be supported by substantial evidence in the record." {CEQA Section 15091). The City of Tustin proposes to approve the North-South Road consistent with the East Tustin Specific Plan. Because the project has the potential to bring about impacts on the environment, the City caused an Environmental Impact Report (EIR) to be prepared. This EIR has found certain significant effects which may occur as a result of the project. The EIR also includes mitigation for each effect, which substantially lessens the effect on the environment. Further, after the EIR has been determined to be complete and to have been prepared in accordance with CEQA, tl~e Planning Commission does, hereby, set forth the following findings- EXHIBIT A RESOLUTION NO. 87-76 PAGE 2 OF 10 FINDINGS AND FACT, S, IN SU?pORT OF FINDINGS, FOR,SIGNIFICANT ENVIRONMENTAL EFFECTS .... OF TH.Ii PROJECT - EFFECTS FO.U, ND ,TO BE M~TIrATABLE TO A ... LEVEL OF. NON-. S I GN I F I CANCE EART,,H RESOURCES Impacts. Development of the project as proposed will result in poten- tial adverse impacts resulting from destabilization of slopes, exposure of cut slopes, placement of fill, exposure of pipelines and large areas of grading. The project will require cut and fill activities, including approx- imately 720,000 cubic yards of export material. In addition, potential hazards have been identified due to potential land slides, and ground shaking in the event of a seismic event. Fin. dinqs. 'Slope stabilization, slope and cut performance criter.ia, foundation criteria and road/construction engineering measures have been included as project mitigation to lessen the effects to a level of non-signi- ficance. The following mitigation measures shall be incorporated into the project as mitigation of the identified impacts- · Stabilization or buttressing of cut slopes will 'be applied primar- ily along easterly facing cut slopes, where adversely oriented bedding planes of the Vaqueros-Sespe' Formation will likely be exposed. Westerly facing cut slopes and younger alluvial cut- slopes will be buttressed as necessary. The best approximation of necessary buttressing will be determined prior to fieldwork and/or issuance of a grading permit. e ® Slope inclination will not exceed a 2-1 (horizontal to ratio, except in special cases where geotechnical data the ability to deviate from a 2-1 slope. vertical) validates Removal of colluvium, alluvium, topsoil, landslide debris and artificial fill to suitable foundation earth material~ will be required prior to placement of fill in areas where these deposits OCCUr". Recommendations made by the geotechnical consultants (Pacific Soils Engineering,. Inc.) during the final design phase regarding pipeline constraints shall be adhered to. .o · = .i EXHIBIT A RESOLUTION NO. 87-76 ~""~.AGE 3 OF 10 5. The road will be designed in accordance with seismic design provi- sions as published by the California Department of Transportation to promote safety in the event of an earthquake. - WATER RESOURCES Imoacts. Implementation of the proposed project will result in short- term impacts to surface water quality during grading and construction. Long- term changes in the composition of run-off discharged in the area of' the project will occur. Effects can be expected in the northern sector of the project in the Peters Canyon Wash watershed, the San Diego Creek and, ulti- mately, the Upper Newport Bay. 'Find-inqs.. Alterations in construction methods, the addition of erosion control measures and project' design changes have bee~ required in the follow- ing mitigation measures to reduce the impacts to a level of non-significance- 6. Erosion control measures will be developed and incorporated into final grading plans by the project proponent to' minimize potential increases in erosion and sediment transport during construction. An erosion/siltation control plan shall then be submitted by the project pr. oponent for approval by Tustin, Orange and the County of Orange for their respective jurisdictions prior to initiation of construction activities. 7. Appropriate pollution control measures, such as a street sweeping program and periodic storm drain clearing, will be conducted by the appropriate agencies to reduce long-term water quality impacts. 8. Long-term erosion and sedimentation control will be provided as part of the project wi th the inclusion of down-drains and terrace - drains in appropriate areas of cut and fill within the road design. BIOLOGICAL. RESOURCES Impacts. · Construction of the project will result in the removal of less than one acre of riparian woodland and riparian thicket. The road will disrupt four major plant communities one of which, the riparian zone, has significant value. The remaining habitats that are effected are common in Orange County and are considered insignificant. The total acreage of signi- ficant riparian area that will be disrupted by the project is less than one ac~e. · EXHI$IT A RESOLUTION NO. 87-7.6. PAGE 4 OF 10 . Fjndinc~. Due to the amount of acreage being disrupted, the project proponent is required to notify, and consult with the California Department of Fish and. Game prior to construction° Mitigation measures specific to the project's impacts on the riparian habitat may or may not be required. Should a 1601 permit be required, project effects would Ibe mitigated through this process. The following required mitigation reduces the level of impact to a level of non-significance. g. Prior to issuance of grading permits, the California Department of Fish and Game shall be notified and consulted on the possible necessity of a 1601 permit. CULllJP~L RESOURCES Imoacts. The project may disrupt a known archaeological resource and potential paleontological resources. The road also has the potential to have direct and secondary impacts on the Irvine Ranch Agricultural Headquarters, a potentially eligible historic district. Findinqs. Qualified archaeologists and paleontologists are required to monitor grading of the project and test for historic resources, averting possible negative impacts. Noise barriers and project design are considered to protect the integrity of the Agricultural Headquarters. The following mitigation is included to reduce these impacts to a level of non-signifi- cance. .. · 10. A limited test;level investigation shall be conducted by a quali- fied archaeologist to determine precisely the surface and subsur- face boundaries of CA-Ora-556 along the proposed route. Such testing would include a series of 1 x I meter excavation units placed in the area where grading for the roadway is anticipated. ' This investigation would provide the necessary information in order to determine the significance Of the site. 11. Noise barrier measures such as the wall used 'to separate Irvine Boulevard from the eligible property shall be utilized to ensure compliance with State standards to minimize noise impacts on oc- cupied residences within the eligible area and on any historic district which might be established in the future. 12. The materials, colors, design and landscaping of any fence or wall separating the North/South Road from the Irvine Agricultural Head- ~'quarters complex shall be selected and approved by the City of EXHIBIT A RESOLUTION NO. 87-76 '"""AGE $ OF 10 Tustin with careful consideration to preserving the rural character of the property eligible for future designation as an historic district. 13. A qual~ified paleontologist shall be retained to attend any pregrade meetings and monitor initial grading operations involving sensitive bedrock formations. If fossils are discovered, the paleontologist shall be allowed to divert or redirect grading in the vicinity of the remains in. order to evaluate and salvage exposed fossils. LANO USE - .. Impacts. Implementation of the project would result in the introduc- tion of an arterial road through existing on-site agriculture and open space land uses. This roadway .is included in the County's Master Plan of Arterial Highways and is shown on adopted plans for the Cities of Orange and Tustin. Within the City~ of Tust.in, the impacts of the roadway and associated land uses are' discussed in the East Tustin Specific Plan Final EIR. This FEIR and the discussions relating to land use have been incorporated into the North- South Road EIR by reference. The proposed land use is considered compatible with future land uses, The transition of agricultural uses to urban uses has also been studied in the previous EIR for the East Tustin Specific Plan. Mitigation is re- quired in that FEIR which allow for continued operation of agricultural acti- vities which serve to reduce impacts to incremental impacts and postpone impacts with the loss of agriculture in the general area. In addition, the City of'Orange has similarly adopted the Upper Peters Canyon Specific Plan which deals with some of these same land use issues. · Findin.~qs.. Based on. the preceding analysis of existing and proposed land use and circulation plans, the proje, ct is not expected to result in any land use impacts not considered by previous EIRSo .RE).EVANT PLANNING.,... PROGRAM.S. Impacts.. The project is included in all relevant planning programs within the City of Tustin and the City of Orange. The project is also in- cluded in the County of Orange Master Plan of arterial highways. Possible effects on the northerly connection of the road are noted. In addition, two areas of controversy are noted and are summarized as follows: m~m ~' m m , ~ m ' ) m m m EXHIBIT A RESOLUTION NO. 87-76 PAGE 6 OF 10 The future northe6iy' extension (to SR-gl) of the proposed North- South Road could impact several planned regional parks. Although the future extension is not within the scope of this document, concerns have been rai~ed as to whether this project presets the future extension. However, as described in' this EIR, at the time a northerly extension is proposed, an easterly alternative could be considered which could connect to the North-South Road as shown for the Easterly Alternative {Figure 7, page 47) and minimize or elimi- nate impacts on the parks in question. o The need for consideration of lan ultimate six lane section between Tustin Ranch Road and Santiago Canyon Road has been suggested by "the City of Orange. This concern is prompted by uncertainties related to' the ongoing decisions regarding the size and location of the future Eastern Transportation Corridor (ETC). Dependent upon the outcome of the ETC studies,.a' ~ix lane facility could be re- quired. However, future projects such as the ETC will have to · address the impacts of' their implementation on the North-South Road. The subject project does not preclude the ability to imple- ment a six lane road it' and when that decision .and the resulting amendment to the Master Plan of Arterial Highways is completed. Findinqs. The following mitigation will reduce or negate potential significant impacts on relevant programs. 14. Final engineering design of the project shall not preclude the potential to later construct, in addition to the preferred align- ment, the Easterly Alternative which could become the northerly extensi.on to sR-gl. 15. The appropriate approval agencies shall refer, at the time of a . proposed northorly extension, to edge treatment, viewshed protec- tion and oak manago~nt m~tigat~on ~a~ur~ a, outlined, on pages 61-63 of the Weir Canyon Park-Road Study {County of Oran~le, 1984). In addition, realignment of the northerly extension to a more easterly alternative shall also be considered as a potential miti- gation measure by that future project. In addition, the project is reserving right-of-way to accommodate six lanes north of Tustin Ranch Road, should future traffic analysis show they are needed. Therefore, there are nb anticipated negative impacts on relevant planning programs should the City of Orange and/or the County of Orange decide th.at the six lane option is required. · i. EXHII)IT A RESOLUTION NO. '"~AGE 7 OF 10 87-76 TRAFFIC ANO.. C.][RC. ULATION Im. pacts. No adverse impacts have been identified relating to the proposed project. On Jamboree Road, south of the actual project being ad- dressed in this EIR, the five lane section will be adequate until 1991, but local intersection improvements will need to be implemented and will be addressed through and as development of the East Tustin Specific Plan area occurs. F.)ndinqs. Because no adverse impacts have been identified, and project is 6onsistent with the County's Master Plan of Arterial Highways, each'city's General Plan, no mitigation is necessary. · . Imoacts. Construction of the project will result in short-term con- struction related noise impacts. Future construction of residential, commer- cial an~ recreational uses along the road's corridor include setbacks and construction methods which mitigate long-term noise impacts. the m and Findinqs. With the addition of the following mitigation measure and assuming compliance with federal, State and local interior noise' standards for new residential construction, the identified potential impacts are miti- gated to a level of non-significance. 16. Compliance with the Orange County, Tustin and Orange Noise Ordi- nances will mitigate impacts associated with construction noise. To comply with the ordinance, most construction activities will be limited to daytime hours on. Monday through Fridays when occurring near residential areas. AIR OrAL Illf~ .I ~Impacts. Nuisance-level dust emissions are expected to result from grading activity associated with construction. Additional impacts associated with vehicle trips using the road have been identified and compared to regio- nal projections. The South Coast Air Quality Management District {SCAQMD) and the California Air Resources Board {CARB} have jurisdictional respon- sibility to monitor and regulate air' quality within the region. The project and anticipated vehicle trips have been factored into the SCAQMD program for achieving healthful levels of'air quality. Their program is designed to accommodate a moderate amount of new development, This project is anticipa- ted in the.-SCAOMD program, and is partially mitigated through this program's · 10 · EXHIBIT A RESOLUTION NO. PAGE 8 OF 10 .87-76 standards for new and stationary and mobile source controls and energy con- servation measures. Findinqs. With inclusion of the following mitigation measure, region- al, local ~nd construction related impacts are incremental in nature and insignificant or reduced to a level of non-significance' 17. Dust suppress.ion measures, such as regular watering and early paving of the road, shall be implemented by the project proponent to reduce emissions during construction and grading. AESlltETICS/VISUA..L. RESOURCES · Impacts. Because the area is mostly undeveloped private land, few visual points are available that would b~e negatively affected by the project. However, limited areas of existing residential areas will be adversely af- fected. Analysis of line of sight views from these areas indicate limited opportunity for impacts. F_indinqs. Because of intervening hills, ridgelines and other topo- graphic features, there is a very limited aesthetic/visual impact associated · with road construction. The following mitigation measure is required t'o reduce these impacts to a level of non-significance- 18. Hard edges left by cut-and-fil 1 visual impact can be a concern, p~oj.ect by Tustin, Orange and spective jurisdictions. operations shall be softened where during the plan-check stage of the the County of Orange for their re- 19. Due to the absence of natural topographical features, barrier berms, walls and/or a berm/wall combination shall be provided along the road at cross sections 4 and 5 to block or reduce visibility of the project from existing residential areas. The barrier shall be at a height sufficient to block views, as determined ~iuring the final roadway design phase. PUBLIC SERVICES. AND UTILITIE..S. Impacts. The majority of the project is in the City of Tustin. The remainder is in the City of Orange and small portions lie within the County's jurisdiction. All service demands generated by the project are integrally associated with the land uses proposed within the various specific develop- ment pla~ Contemplated for each area.. Provision of services are being coor- 11 EXHIBIT A RESOLUTION NO. -87-Y6 AGE 9 and 10 . . · ..i dtnated and planned with each phase of development within these jurisdic- tions. No adverse impacts 'have been identified. Findinqs. Because services will be provided on an as-needed basis for each phase Of development, no adverse impacts are identified. As a better- ment to the project, the following mitigation measures have been added by the Lead Agency: 20. The City of Tusttn Police Department recommends that, during the construction phase of the project, private security be provided for the protection of equipment and materials during non-working hours. This recommendation shall be implemented if deemed necessary by the contractor. 21. The folllowing transit service features, supportive of public tran- sit, shall be considered for the project during the plan review' bus turnouts, consistent with the OCTD Design Guidelines for Bus · Facilities; paved, lighted and handicapped accessible pedestrian walkways between development and bus stops; ahd bus shelters. · RESPONSE TO COMMENTS Impacts. Although no additional impact's have been identified during the comment period which have not been mitigated, responses to comments in- clude corrections and clarifications of the Draft EIR {DEIR}, expanded miti- gation measures, and additional mitig~ktion required by the Lead Agency as "betterments", to the project. The Response to Comments are combined with thOl DEIR to become the Final EIR {FEIR) upon certification by the City Coun- cil. Findinqs.. The Lead .Agency has included in the Response to Comments/- FEIR additional mitigation measures which further reduce the effects of the project on the environment or serve to act as project "betterments". The following mitigation measures have been added to the DEIR- : 6(a).If dewatering is necessary and discharge of wastewater is proposed, an NPDES Permit {wastewater discharge requirements) shall be ob- tained from the Regional Water Quality Control Board prior to any dewateri ng act i vi ty. 22. Mature trees, when not in the actual roadway alignment, shall be retained where feasible. Removal of any trees shall be authorized 12 . ~ i. li".. -.~:~:.' ~.;::.:,.'~:.~.~ ~ EXHIBIT A RESOLUTION'NO. ~AGE 10 of 10 87-76 by the mppropriate Jurisdictionml authority only after specific r.eview and mpproval of conditions of removml. 'In mddition to the mitigmtion measure added above, the fol 1 owing mi ti- gmtion measures were revised for purposes of clarification or for additional project betterment ms a response to comments'. Mitigmtion Measure //12. -revised to include the option of alternative noise mitigation measures which may have an effect on the potentially his- toric Agricultural Headquarters. . Mitigmtion Measure //11. -revised to further define protection of paleo- ntological resources. , Mitigation Measure //18. -revised to tallow alternative native vegetation screening ~options to reduce visuml/aesthetic impmcts. With the addition of the above mitigation measure and the clarification of above identified mitigation measures, the potential environmental effects of the project are further reduced.. The resulting impacts of the project 'after mitigation therefore remain at a level of non-significance. 13 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 87-76 was duly and regularly introduced, passed and adopted at a regular meeting Of the City Council held on the 6th day of JUly, 1987, by the fol 1 owl ng vote' AYES · NOES .. 'ABSENT- COUNC ILPERSONS' COUNCILPERSONS- COUNC ILPERSONS' Edgar, Hoesterey, Kelly, Kennedy, Prescott None None ° MARY E. WYNNS,~ CitY Clerk ....... City of Tus~:-~n, Calif°~nia mmmmm . ~ ~ ~:~m~m mm~ m ' ~ m m~m'm m m ' m~m ,' ~ m [~m mm~ m,