55A - SAN LORENZO SEWER LIFT STATION

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0 0 Mr. Steve Worrall January 13, 2012 Page 12 Finally, as noted in Section V.B., parking below code requirements is not per se an environmental impact. Accordingly, Table 5 -1 must be revised to show that Alternative 8 is environmentally superior to the Project. b. Alternative Site 12. The RDEIR claims that Alternative Site 12 would require a slightly elongated construction schedule, even though there is 42% less conveyance, because of additional supporting and the need to dig to a slightly deeper depth. However, as Mr. Dickson points out, this fails to account for a reduction in other phases of construction. Neither construction of a by -pass nor relocation of the SCE pole will be necessary, allowing for a reduction in that phase of construction. Unlike the San Lorenzo site, construction on the pipeline infrastructure and lift station can also occur simultaneously, further reducing the construction schedule and related emissions. Mr. Dickson's report also notes that the construction challenges at this site relative to the Project as proposed are greatly overstated. Table 5 -1 must be adjusted accordingly. The purported parking impact is not as severe as suggested. Section 41 -638.1 of the Code recognizes that less than Code required parking will not always create a potentially significant impact by providing for minor exceptions to off - street parking requirements. This is equally applicable to any alternative for which a potentially significant parking impact is claimed. The analysis also asserts that the alternative would be "legally infeasible" because it would result in a violation of the City's Municipal Code requirements for off - street parking. This is incorrect. The Municipal Code provides for exceptions to off - street parking requirements and there is nothing to preclude the City from taking an action that would result in the remainder of the property being non- conforming with respect to parking. To the contrary, the City's power of eminent domain, as well as access to City - owned land, suggests that alternative sites may be "more feasible, more often," when the developer is the City rather than a private party. Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 574. This analysis is equally applicable to each alternative for which a significant parking impact is claimed. Moreover, Table 5 -1 fails to account for reductions to other significant traffic impacts, even though reductions in those impacts are noted in the RDEIR. (P. 5 -73, 74.) At the very least, these reductions in impacts must be considered as offsets in Table 5 -1. 55A -145