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Chapter 3 Findings Regarding Project Alternatives Attachment "A" <br />expanding the Saddleback High School and construction of the lift station would conflict with the <br />District's on -going plans to provide additional student facilities; 2) construction in the parking lot <br />adjacent to West Segerstrom would exacerbate already insufficient parking on -site for school events <br />and activities; and 3) construction that would result in the loss of a portion of the school's athletic <br />fields is prohibited under Title IX (1972 Education Amendments to the Civil Rights Act). SAUSD <br />is unwilling to offer use of the school property for construction of the lift station, and has provided <br />several reasons why construction of the lift station is inconsistent with ongoing SAUSD uses at the <br />school site. Because the property in question is currently owned and used by the SAUSD, it is likely <br />protected from the City's powers of eminent domain under the doctrine of prior public use. In order <br />to challenge the school's ownership of the property, the City would be required to file suit to <br />appropriate the site for a more necessary public use under Code of Civil Procedure §1240.610. <br />Given the proposed use as a lift station facility, compared to the current use as an educational <br />institution, such a suit would be unlikely to succeed. In any event, it is not City policy to exercise its <br />eminent domain powers on school property for public works projects. For these reasons, <br />construction of the lift station on the Saddleback High School campus is not feasible. <br />Additionally, construction of a lift station on the campus of Saddleback High School would not <br />reduce the significant and unavoidable short-term traffic impact associated with the proposed Project. <br />Construction of a lift station facility at the Saddleback High School would require the construction of <br />a manhole in the intersection of South Bristol Street/West Segerstrom Avenue, thereby resulting in a <br />need to implement Construction Configuration C.2 for up to five (5) weeks during construction on a <br />24 -hour basis. As with the proposed Project, 24 -hour lane closures associated with Construction <br />Configuration C.2 would result in a significant and unavoidable impact of the proposed Project. As <br />implementation of Construction Configuration C.2 is the only impact of the proposed Project that <br />cannot be reduced to less than significant levels with the incorporation of mitigation measures, this <br />alternative site location would fail to meet CEQA's stated purpose of considering and discussing <br />alternatives in an EIR. CEQA Guidelines §15126.6(b) requires that "...the discussion of alternatives <br />shall focus on alternatives to the project or its location which are capable of avoiding or substantially <br />lessening any significant effects of the project..." CEQA Guidelines §15126.6(f)(2) further requires <br />that, in making the decision to include or exclude analysis of an alternative site, the "...key question <br />and first step in analysis is whether any of the significant effects of the project would be avoided or <br />substantially lessened by putting the project in another location. Only locations that would avoid or <br />substantially lessen any of the significant effects of the project need to be considered for inclusion in <br />the EIR." Since construction of the proposed Project at the Saddleback High School would fail to <br />avoid or substantially lessen the Project's sole unavoidable impact to transportation /traffic, such an <br />alternative is rejected as infeasible because it would fail to meet the standards for project alternatives <br />as set forth in CEQA Guidelines § 15126.6(b) or § 15126.6(f)(2). <br />3.4.22.2 Retrofitted Segerstrom Lift Station Alternative <br />Under this alternative, the City would retrofit and upgrade the existing Segerstrom Lift Station <br />facility rather than constructing a replacement facility in another location. <br />The City hereby finds that specific economic, legal, social, technological, or other considerations <br />make the adoption of this alternative infeasible. This alternative would fail to meet several of the <br />Project's basic objectives. Specifically, retrofitting of the existing Segerstrom Lift Station would not <br />allow the City to house electrical equipment above - ground. In addition, retrofitting the existing lift <br />station would require upgrades to existing electrical equipment and installation of additional <br />equipment; the addition of new equipment would further restrict workable space within the facility, <br />San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -44 <br />CEQA Findings of Fact/Statement of Overriding Considerations <br />55A -83 <br />